193
the criteria for providing noncompetitive renew-
als of subgrants;
‘‘(D) the technical assistance that the
State educational agency will provide, under
section 2018(e)(2), to local educational agencies
that it identifies as having the greatest need for
services and that fail to receive an award under
section 2018; and
‘‘(E) how the State will give special pri-
ority to local educational agencies seeking to
fulfill school improvement requirements under
section 1116.
‘‘(4) A description of how the State educational
agency will ensure that all recipients of funds under
this subpart will report on their level of performance
based on the program performance indicators de-
scribed in section 2401.
‘‘(5) A list of any additional indicators of pro-
gram performance, beyond those described in section
2401, on which the State educational agency and the
State agency for higher education will require recipi-
ents to report.
‘‘(6) A set of specific, numerical, annual goals
for each of the performance indicators required
under section 2401 and for any additional indicators
194
that the State elects to use for measuring the
progress of the State and local educational agencies
receiving funds under this subpart.
‘‘(7) A description of how the State will coordi-
nate professional development activities authorized
under this subpart with professional development ac-
tivities provided under other Federal, State, and
local programs, including those authorized under
this Act and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act. The appli-
cation 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 uti-
lization of technology so that technology and its ap-
plications are effectively used in the classroom to im-
prove teaching and learning in all curriculum and
content areas, as appropriate.
‘‘(c) APPROVAL.—The Secretary shall, using a peer-
review process, approve a State application if it meets the
requirements of this section and holds reasonable promise
of achieving the purpose described in section 2002.
‘‘SEC. 2014. STATE ACCOUNTABILITY.
‘‘(a) ANNUAL REPORTS.—Each State educational
agency that receives funds under this subpart and part
195
C shall, beginning in fiscal year 2003, annually compile,
publish, submit to the Secretary, and distribute to the
public, a report including the following information:
‘‘(1) The percentage of teachers teaching in the
State who have not met State qualifications and li-
censing criteria for all grade levels and subject areas
in which they provide instruction.
‘‘(2) The percentage of teachers teaching in the
State under emergency or other provisional status
through which State qualifications or licensing cri-
teria have been waived.
‘‘(3) The percentage of teachers teaching in the
State who do not hold a postsecondary degree with
a major in all subject areas in which they provide in-
struction.
‘‘(4) The average class size.
‘‘(5) The percentage of teachers with certifi-
cation from the National Board for Professional
Teaching Standards.
‘‘(6) Information on the progress of recipients
of subgrants under this subpart, measured based on
the program performance indicators described in
section 2041 and any additional indicators included
in the State’s application.
196
‘‘(7) Such other information as the Secretary
may reasonably require.
‘‘(b) DISAGGREGATED DATA.—Data collected for the
purpose of carrying out this section shall be disaggregated
by State, local educational agency, and school.
‘‘(c) COORDINATION.—The report required under this
section shall be coordinated with reporting requirements
under title I and other titles of this Act and shall not be
duplicative of such reporting requirements.
‘‘SEC. 2015. STATE-LEVEL ACTIVITIES.
‘‘Each State shall use funds it reserves under section
2012(c) to carry out activities described in its approved
application that promote high-quality classroom instruc-
tion, such as—
‘‘(1) supporting the continued improvement of
State content and student performance standards
and assessments aligned with those standards;
‘‘(2) providing technical assistance and other
services to increase the capacity of local educational
agencies and schools to develop and implement sys-
temic local improvement plans, implement State and
local assessments, and develop curricula consistent
with State content and performance standards;
‘‘(3) supporting the development and implemen-
tation, at the local educational agency and school-
197
building level, of improved systems for recruiting, se-
lecting, hiring, mentoring, supporting, evaluating,
and rewarding principals and fully qualified teach-
ers;
‘‘(4) redesigning and strengthening professional
licensure systems for educators;
‘‘(5) developing performance-based assessment
systems for full teacher licensure;
‘‘(6) establishing, expanding, or improving rig-
orous alternative routes to State certification or li-
censure that lead to certification within 2 years and
require applicants to meet the same standards and
pass the same tests as other applicants;
‘‘(7) developing or strengthening assessments to
test the content knowledge and teaching skills of
new teachers;
‘‘(8) developing and implementing professional
development opportunities for teachers, principals,
administrators, and other school staff based on
State content and student performance standards;
‘‘(9) operating a teacher academy that estab-
lishes and demonstrates models for local educational
agencies to improve teaching and learning through
activities such as—
198
‘‘(A) using master teachers to mentor and
train student teachers; and
‘‘(B) providing ongoing professional devel-
opment opportunities and support for teachers;
‘‘(10) providing professional development pro-
grams that enable teachers to effectively commu-
nicate with parents in the education process to sup-
port classroom instruction and work effectively with
parent volunteers;
‘‘(11) executing policies and practices that will
ensure that low-income and minority students are
not taught by emergency certified or unqualified
teachers at rates higher than other students; and
‘‘(12) increasing the portability of teacher pen-
sions and reciprocity of teaching credentials across
State lines.
‘‘SEC. 2016. SUBGRANTS TO PARTNERSHIPS.
‘‘(a) ADMINISTRATION.—From the funds made avail-
able to it under section 2012(b) for any fiscal year, a State
agency for higher education may use not more than 5 per-
cent for its expenses in administering this section, includ-
ing conducting evaluations and reporting under subsection
(g).
‘‘(b) SUBGRANTS TO PARTNERSHIPS.—
‘‘(1) IN GENERAL.—
199
‘‘(A) PARTNERSHIPS.—For the purpose of
providing professional development to elemen-
tary and secondary school teachers in a local
educational agency that is both a high-poverty
local educational agency and a low-performing
local educational agency, a State agency for
higher education, subject to subsection (a) and
in conjunction with the State educational agen-
cy, shall use the funds made available to it
under section 2012(b) for any fiscal year to
make subgrants to partnerships consisting of—
‘‘(i) one or more institutions of higher
education (including historically Black col-
leges and universities and Hispanic-serving
institutions), or nonprofit organizations of
demonstrated effectiveness in providing
professional development in the core aca-
demic subjects; and
‘‘(ii) a local educational agency that is
both a high-poverty local educational agen-
cy and a low-performing local educational
agency, or more than 1 such agency.
‘‘(B) REQUIREMENT FOR INSTITUTIONS OF
HIGHER EDUCATION.—Participating institutions
of higher education shall meet the criteria
200
under sections 203 and 207 of the Higher Edu-
cation Act of 1965.
‘‘(2) SIZE, DURATION, AND
PEER
REVIEW.—
Each subgrant under this section shall be—
‘‘(A) of sufficient size and duration to
carry out the purpose of this subpart effec-
tively; and
‘‘(B) awarded, using a peer-review process,
on a competitive basis.
‘‘(3) PRIORITY.—In making subgrants under
this section, a State agency for higher education
shall give a priority to projects that focus on induc-
tion programs for new teachers, particularly those
who teach in schools identified for school improve-
ment under section 1116.
‘‘(4) OTHER FACTORS.—In making subgrants
under this section, a State agency for higher edu-
cation shall consider—
‘‘(A) the need for the proposed professional
development activities in the jurisdiction of the
local educational agency; and
‘‘(B) the quality of the proposed program
and its likelihood of success in improving class-
room instruction and student academic achieve-
ment.
201
‘‘(c) PARTNERSHIP AGREEMENTS.—No institution of
higher education or nonprofit organization may receive a
subgrant under this section unless it enters into a written
agreement with at least 1 local educational agency that
is both a high-poverty local educational agency and a low-
performing local educational agency to provide profes-
sional development to elementary and secondary school
teachers in the schools of that agency in the core academic
subjects. Each such agreement shall identify specific goals
for how the professional development that the subgrantee
provides will enhance the ability of those teachers to pre-
pare all students, including females, minorities, students
with disabilities, students with limited English proficiency,
and economically disadvantaged students, to achieve to
challenging State content and student performance stand-
ards in all subjects in which those teachers provide in-
struction.
‘‘(d) COORDINATION.—Any professional development
activities carried out under this section by a partnership
shall be coordinated with activities carried out under title
II of the Higher Education Act of 1965 (20 U.S.C. 1021
et seq.), if any member of the partnership is participating
in programs funded under that title.
‘‘(e) JOINT EFFORTS WITHIN INSTITUTIONS
OF
HIGHER EDUCATION.—In the case of a partnership that
202
includes an institution of higher education, each activity
assisted under this section shall involve the joint effort of
the institution’s school or department of education and the
schools or departments responsible for the specific dis-
ciplines in which the professional development will be pro-
vided.
‘‘(f) USES OF FUNDS.—A recipient of funds under
this section shall use those funds for—
‘‘(1) research-based programs to assist new
teachers during their first 3 years in the classroom,
which may include—
‘‘(A) mentoring and coaching by appro-
priately trained and certified teachers;
‘‘(B) team teaching with experienced
teachers;
‘‘(C) observation by, and consultation with,
experienced teachers;
‘‘(D) assignment of fewer course prepara-
tions; and
‘‘(E) provision of additional time for prep-
aration;
‘‘(2) professional development in the core aca-
demic subjects, aligned with State content and stu-
dent performance standards, for teams of teachers
from a school or local educational agency and, where
203
appropriate, principals, administrators, and other
school staff; and
‘‘(3) providing technical assistance to school
and local educational agency staff for planning, im-
plementing, and evaluating professional development.
‘‘(g) ANNUAL REPORTS.—
‘‘(1) IN GENERAL.—Beginning with fiscal year
2003, each subgrantee under this section shall sub-
mit an annual report to the State agency for higher
education, by a date set by that agency, on its
progress, as measured using the indicators of part-
nership performance described in section 2041.
‘‘(2) CONTENT.—Each such report—
‘‘(A) shall include a copy of each written
agreement required by subsection (c); and
‘‘(B) shall describe how the partners have
collaborated to achieve the specific goals set out
in the agreement, and the results of that col-
laboration.
‘‘(3) COPY.—The State agency for higher edu-
cation shall provide the State educational agency
with a copy of each subgrantee’s annual report.
‘‘(h) SPECIAL RULE.—No single participant in a
partnership receiving a subgrant under this section may
204
retain more than 50 percent of the funds made available
to the partnership under this section.
‘‘SEC. 2017. LOCAL APPLICATIONS FOR FORMULA SUB-
GRANTS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency desiring to receive its allocation from
funds made available under section 2012(a)(1)(A) for any
fiscal year shall submit an application to the State edu-
cational agency at such time, in such form, and containing
such information as the State educational agency reason-
ably may require. Each such application shall include an
agency-wide plan for raising student achievement against
State standards through each of the following strategies:
‘‘(1) Supporting the alignment of curricula, as-
sessments, classroom instructional strategies, and
professional development with challenging State con-
tent and student performance standards.
‘‘(2) Carrying out activities to recruit fully
qualified teachers, particularly in subject areas and
in schools in which there is a shortage of such teach-
ers with special consideration given to recruiting
fully qualified teachers from minority and other his-
torically underrepresented groups, including bilin-
gual teachers.
205
‘‘(3) Ensuring that teachers employed by the
local educational agency are proficient in teaching
skills and in the content knowledge necessary to ef-
fectively teach the content called for by State and
local standards in all subjects in which they provide
instruction and are prepared to integrate technology
into the classroom.
‘‘(4) Targeting funds to schools within the ju-
risdiction of the local educational agency that—
‘‘(A) have the highest percentage of classes
in core academic subjects taught by teachers
who are not fully qualified;
‘‘(B) have the largest average class size; or
‘‘(C) are identified for school improvement
under section 1116(b).
‘‘(5) Carrying out activities to assist new teach-
ers during their first 3 years in the classroom.
‘‘(6) Providing professional development in core
academic subjects.
‘‘(b) ADDITIONAL CONTENTS.—Each such applica-
tion shall also—
‘‘(1) identify specific, measurable goals for
achieving the purpose described in section 2002
that, at a minimum, reflect the performance indica-
tors described in section 2041;
206
‘‘(2) describe how the local educational agency
will use funds received under this subpart to help
implement the plan described in subsection (a);
‘‘(3) include an assurance that the local edu-
cational agency will collect data that measure
progress toward the indicators of program perform-
ance described in section 2041;
‘‘(4) describe how the local educational agency
will address the needs of high-poverty, low-per-
forming schools within its jurisdiction;
‘‘(5) describe how the local educational agency
will address the needs of teachers of students with
limited English proficiency and other students with
special needs; and
‘‘(6) describe how the local educational agency
will coordinate funds under this subpart with the
professional development activities funded through
other State and Federal programs.
‘‘(c) 
APPROVAL.—Notwithstanding 
section
2012(a)(1)(A), a State educational agency shall approve
a local educational agency’s application under this section
only if the application satisfies the requirements of this
section and the State educational agency determines that
the application holds reasonable promise of achieving the
purpose described in section 2002.
207
‘‘(d) CONSOLIDATED
APPLICATION.—Local edu-
cational agencies may consolidate applications under this
section and section 2018.
‘‘SEC. 2018. LOCAL APPLICATIONS FOR COMPETITIVE SUB-
GRANTS.
‘‘(a) IN GENERAL.—Each State educational agency
shall use the funds described in section 2012(a)(1)(B) for
competitive grants to local educational agencies, and part-
nerships described in section 2016(b)(1), that focus pri-
marily on those agencies and partnerships with the great-
est need for—
‘‘(1) activities related to the development, and
effective implementation, of curricula aligned with
state content and student performance standards;
and
‘‘(2) professional development activities that are
aligned with those standards.
‘‘(b) SELECTION PROCESS.—
‘‘(1) IN
GENERAL.—The State educational
agency shall award subgrants under this section
through a peer-review process that includes review-
ers who are knowledgeable in the academic content
areas.
‘‘(2) PUBLIC
AVAILABILITY.—The State edu-
cational agency—
208
‘‘(A) shall provide local educational agen-
cies and the general public with a list of the se-
lection criteria that the State educational agen-
cy will use in making subgrants under this sec-
tion; and
‘‘(B) at the completion of the awards proc-
ess, make public a complete list of applicants
and of the applicants that received awards.
‘‘(c) DEMONSTRATION OF NEED.—The State edu-
cational agency shall identify the applicants with the
greatest need for services, based on the following objective
data supplied by the applicant:
‘‘(1) The number or percentage of children who
fail to meet State performance standards on assess-
ments used for part A of title I.
‘‘(2) The number or percentage of schools iden-
tified for school improvement under section 1116(b).
‘‘(3) The number or percentage of teachers em-
ployed who have not received full State certification
or licensure.
‘‘(4) The number or percentage of secondary
school teachers who do not have an academic major
in a subject area directly related to the area in
which they provide instruction.
209
‘‘(5) The number or percentage of students liv-
ing in poverty.
‘‘(6) The number or percentage of students who
have limited English proficiency.
‘‘(7) The applicant’s fiscal capacity to fund pro-
grams described in section 2019 without Federal as-
sistance.
‘‘(d) SELECTION OF SUBGRANTEES.—The State edu-
cational agency shall make awards to applicants based
on—
‘‘(1) the quality of the applicant’s proposal and
the likelihood of its success in improving classroom
instruction and student academic achievement;
‘‘(2) the demonstrated need of the applicant
under subsection (c); and
‘‘(3) the applicant’s need for professional devel-
opment in mathematics and science.
‘‘(e) OPPORTUNITY TO COMPETE.—
‘‘(1) STRATEGIES.—To ensure that local edu-
cational agencies that have the greatest need are
provided a reasonable opportunity to compete for an
award, State educational agencies shall adopt at
least 1 of the following strategies:
‘‘(A) Holding more than 1 competition for
funds for a fiscal year and, before each such
210
competition, providing technical assistance in
developing a high-quality application to local
educational agencies that have demonstrated
the greatest need but were unsuccessful in the
previous grant competition.
‘‘(B) Holding a competition restricted to
local educational agencies that it has identified
under subsection (c) as having the greatest
need for services.
‘‘(C) Requiring recipients seeking a re-
newal of a subgrant under this section to form
a partnership with an applicant that applied
for, but failed to receive, such a subgrant.
‘‘(D) Providing a competitive priority to
those local educational agencies the State edu-
cational agency has identified under subsection
(c) as having the greatest need for services.
‘‘(2) TECHNICAL ASSISTANCE.—At a minimum,
a State educational agency shall, after the comple-
tion of an award cycle and before the start of the
next cycle, provide technical assistance in developing
a high-quality application for future competitions to
any local educational agency identified under sub-
section (c) as having the greatest need for services
that did not receive a subgrant.
211
‘‘(f) SCOPE OF PROJECTS.—The State educational
agency shall award a subgrant under this section only for
projects that are of sufficient size, scope, and quality to
achieve the purpose of this part.
‘‘SEC. 2019. USES OF FUNDS.
‘‘(a) PRIORITY FOR PROFESSIONAL DEVELOPMENT
IN MATHEMATICS AND SCIENCE AND FULLY QUALIFIED
TEACHERS.—
‘‘(1) APPROPRIATION EQUAL TO OR LESS THAN
$300,000,000.—Except as provided in section 2020(d),
in any fiscal year for which the amount appropriated
for this subpart is $300,000,000 or less, each local
educational agency shall ensure that all funds re-
ceived by the agency under this subpart are used for
professional 
development 
in 
mathematics 
and
science.
‘‘(2) 
APPROPRIATION
GREATER
THAN
$300,000,000.—Except as provided in section 2020(d),
in any fiscal year for which the amount appropriated
for this subpart is greater than $300,000,000, each
local educational agency shall ensure that the
amount of funds under this subpart that the agency
uses for professional development in mathematics
and science is at least as much as the amount that
212
would have been made available to the agency if the
amount appropriated had been $300,000,000.
‘‘(3) 
INTERDISCIPLINARY
ACTIVITIES.—In
meeting the requirement under paragraph (1) or (2),
a local educational agency may use funds under this
subpart for activities that focus on more than 1 core
academic subject if those activities focus predomi-
nantly on improving instruction in mathematics or
science.
‘‘(4) INCREASING THE PERCENTAGE OF FULLY
QUALIFIED
TEACHERS.—Each 
local 
educational
agency receiving an allocation under this subpart
shall use funds in excess of the allocation it received
under this subpart (or in the case of fiscal year
2002, under part B, as such part was in effect be-
fore the date of the enactment of the Excellence and
Accountability in Education Act) for the preceding
fiscal year to increase its percentage of fully quali-
fied teachers. Such use shall be consistent with the
plan and reporting requirements established by the
State under section 1119(a)(2) to ensure that all
teachers are fully qualified by December 31, 2005.
‘‘(b) OTHER PROFESSIONAL DEVELOPMENT ACTIVI-
TIES.—Each local educational agency shall ensure that
funds under this subpart that the agency uses for profes-
213
sional development, in areas other than mathematics or
science, are used to provide professional development ac-
tivities in one or more of the other core academic subjects.
‘‘(c) OTHER USES OF FUNDS.—Subject to subsection
(a), a local educational agency that receives funds under
this subpart may use those funds for activities to raise
student achievement against challenging State standards,
in accordance with its plan described in section 2017(a),
which may include the following:
‘‘(1) Activities to recruit fully qualified teach-
ers, including teachers from historically underrep-
resented groups, such as the provision of signing bo-
nuses and other financial incentives.
‘‘(2) Providing the necessary education and
training, including paying (for programs that meet
the criteria under section 203(b)(2)(A)(i) of the
Higher 
Education 
Act 
of 
1965 
(20 
U.S.C.
1023(b)(2)(A)(i))) the costs of college tuition and
other student fees to assist current teachers or other
school personnel who are not fully qualified teachers
to become fully qualified, except that, to receive
funds under this paragraph, an individual must be
within 2 years of completing an undergraduate de-
gree and must agree to teach in a high-poverty, low-
performing school for a period of at least 3 years.
214
‘‘(3) Programs to assist new teachers during
their first 3 years in the classroom, such as—
‘‘(A) mentoring and coaching by trained
mentor teachers;
‘‘(B) team teaching with experienced
teachers;
‘‘(C) observation by, and consultation with,
experienced teachers;
‘‘(D) assignment of fewer course prepara-
tions; and
‘‘(E) provision of additional time for prep-
aration.
‘‘(4) Provision of professional development
aligned with State content and student performance
standards.
‘‘(5) Provision of professional development pro-
grams that enable teachers to effectively commu-
nicate with parents and involve parents in the edu-
cational process to support classroom instruction
and to work effectively with parent volunteers.
‘‘(6) Participation by teams of teachers in sum-
mer institutes and summer immersion activities that
focus on preparing teachers to bring all students to
high standards in one or more of the core academic
subjects.
215
‘‘(7) Subsidizing fees for teachers who partici-
pate in the assessment process of the National
Board for Professional Teaching Standards.
‘‘(8) Teacher participation in working groups,
task forces, or committees, charged with adapting
and implementing high standards for all students,
including district-wide and school-based teams of
teachers charged with aligning curricula and lesson
plans with State content and student performance
standards and assessments.
‘‘(9) Programs to implement peer-assistance
peer-review processes for teachers, principals, admin-
istrators, and other school staff.
‘‘(10) Establishment and maintenance of local
professional networks that provide a forum for inter-
action among teachers and that allow for the ex-
change of information on advances in content and
pedagogy.
‘‘(11) Development of incentives to encourage
teachers employed by the agency, and other qualified
individuals, to obtain proficiency in content knowl-
edge in a core academic subject area identified by
the agency as having a shortage of qualified teach-
ers.
216
‘‘(12) Development and acquisition of curricular
materials and other instructional aids, if they are
not normally provided by the local educational agen-
cy or the State as part of the regular instructional
program, that will advance local reform efforts to
raise student achievement against State content and
student performance standards.
‘‘(13) Providing increased opportunities for mi-
norities, individuals with disabilities, and other indi-
viduals underrepresented in the teaching profession.
‘‘SEC. 2020. LOCAL ACCOUNTABILITY.
‘‘(a) ANNUAL REPORTS.—Each local educational
agency that receives funds under this subpart shall, begin-
ning in fiscal year 2003, annually compile, publish, and
submit to the State educational agency a report on its ac-
tivities under this subpart, at such time, in such form,
and containing such information as the State educational
agency may reasonably require.
‘‘(b) CONTENTS.—Each report shall include the fol-
lowing information:
‘‘(1) The percentage of classes taught in the ju-
risdiction of the agency by teachers who have not
met State qualifications and licensing criteria for the
grade levels of, and subject matter taught in, such
classes.
217
‘‘(2) The percentage of teachers teaching in the
jurisdiction of the agency under emergency or other
provisional status through which State qualifications
or licensing criteria have been waived.
‘‘(3) The percentage of teachers teaching in the
jurisdiction of the agency who do not hold a postsec-
ondary degree with a major in the subject areas in
which they provide instruction.
‘‘(4) The average class size.
‘‘(5) Information on the progress of schools and
teachers under this subpart, measured based on the
program performance indicators described in section
2041 and any additional indicators included in the
local educational agency’s application.
‘‘(6) The percentage of classes taught in the ju-
risdiction of the agency, disaggregated by school,
and by unqualified teachers.
‘‘(7) Such other information as the State edu-
cational agency may reasonably require.
‘‘(c) DISAGGREGATED DATA.—Data collected for the
purpose of carrying out this section shall be disaggregated
by local educational agency and school.
‘‘(d) FUNDING.—A local educational agency may re-
serve up to 5 percent of the amount it receives under sec-
tion 2012(a)(1)(A) to carry out this section.
218
‘‘(e) COORDINATION.—The report required under
this section shall be coordinated with reporting require-
ments under title I and other titles of this Act and shall
not be duplicative of such reporting requirements.
‘‘SEC. 2021. TECHNICAL ASSISTANCE.
‘‘The State educational agency shall provide technical
assistance to local educational agencies receiving a
subgrant under this subpart that fail for 2 consecutive
years to meet their goals, as measured using the perform-
ance indicators described in section 2041.
‘‘SEC. 2022. CORRECTIVE ACTION.
‘‘The State educational agency shall take corrective
action, against any local educational agency that does not
make sufficient effort to comply with this subpart within
the time specified. In a case in which a State fails to take
corrective action, the Secretary shall withhold funds from
such State up to an amount equal to that described in
section 2012(d).
‘‘SEC. 2023. MAINTENANCE OF EFFORT.
‘‘No funds may be provided to a local educational
agency for a fiscal year under this subpart unless the
State educational agency is satisfied that the local edu-
cational agency will spend, from other sources, at least
as much for activities described in this subpart as the av-
219
erage amount it spent from other sources for those activi-
ties over the previous 3 fiscal years.
‘‘SEC. 2024. EQUIPMENT AND TEXTBOOKS.
‘‘A local educational agency may not use subgrant
funds under this subpart for equipment, computer hard-
ware, textbooks, telecommunications fees, or other items,
that would otherwise be provided by the local educational
agency, the State, or a private school whose students re-
ceive services under this part.
‘‘SEC. 2025. SUPPLEMENT, NOT SUPPLANT.
‘‘A local educational agency that receives funds under
this subpart shall use those funds only to supplement the
amount of funds or resources that would, in the absence
of those Federal funds, be made available from non-Fed-
eral sources for the purposes of the program authorized
under this subpart, and not to supplant those non-Federal
funds or resources.
‘‘Subpart 3—National Activities for the Improvement
of Teaching and School Leadership
‘‘SEC. 2031. ACTIVITIES OF NATIONAL SIGNIFICANCE.
‘‘(a) IN GENERAL.—The Secretary may make grants
to, and enter into contracts and cooperative agreements
with, local educational agencies, educational service agen-
cies, State educational agencies, State agencies for higher
education, institutions of higher education, and other pub-
220
lic and private nonprofit agencies, organizations, and insti-
tutions to carry out subsection (b).
‘‘(b) ACTIVITIES.—The Secretary—
‘‘(1) may support activities of national signifi-
cance that are not supported through other sources
and that the Secretary determines will contribute to
the improvement of teaching and school leadership
in the Nation’s schools, such as—
‘‘(A) supporting collaborative efforts by
States, or consortia of States, to review and
benchmark the quality, rigor, and alignment of
State standards and assessments;
‘‘(B) supporting collaborative efforts by
States, or consortia of States, to develop per-
formance-based systems for assessing content
knowledge and teaching skills prior to full
teacher licensure;
‘‘(C) efforts to increase the portability of
teacher pensions and reciprocity of teaching
credentials across State lines; and
‘‘(D) research, evaluation, and dissemina-
tion activities related to effective strategies for
increasing the portability of teachers’ credited
years of experience across State and local edu-
cational agency lines;
221
‘‘(2) may support activities of national signifi-
cance that the Secretary determines will contribute
to the recruitment and retention of fully qualified
teachers and principals in high-poverty local edu-
cational agencies and low-performing local edu-
cational agencies, such as—
‘‘(A) providing States with assistance in
the development of alternative certification pro-
grams that lead to certification within 2 years
and require applicants to meet the same stand-
ards and pass the same tests as other appli-
cants;
‘‘(B) the development and implementation
of a national teacher recruitment clearinghouse
and job bank, which shall be coordinated and,
to the extent feasible, integrated with the Amer-
ica’s Job Bank administered by the Secretary
of Labor—
‘‘(i) to disseminate information and
resources nationwide on entering the
teaching profession to persons interested in
becoming teachers;
‘‘(ii) to serve as a national resource
center for effective practices in teacher re-
cruitment and retention;
222
‘‘(iii) to link prospective teachers to
local educational agencies and training re-
sources with particular attention to high-
poverty local educational agencies and low-
performing local educational agencies with
critical teacher shortages; and
‘‘(iv) to provide information and tech-
nical assistance to prospective teachers
about certification and other State and
local requirements related to teaching; and
‘‘(C) the development and implementation,
or expansion, of programs that recruit talented
individuals to become principals, including such
programs that employ alternative routes to
State certification, and that prepare both new
and experienced principals to serve as instruc-
tional leaders, which may include the creation
and operation of a national center for the prep-
aration and support of principals as leaders of
school reform; and
‘‘(3) shall support the National Board for Pro-
fessional Teaching Standards.
223
‘‘SEC. 2032. EISENHOWER NATIONAL CLEARINGHOUSE FOR
MATHEMATICS AND SCIENCE EDUCATION.
‘‘(a) ESTABLISHMENT
OF CLEARINGHOUSE.—The
Secretary shall award a competitive grant or contract to
establish the Eisenhower National Clearinghouse for
Mathematics and Science Education (in this section re-
ferred to as the ‘Clearinghouse’).
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) APPLICATION AND AWARD BASIS.—
‘‘(A) IN GENERAL.—Each entity desiring
to establish and operate the Clearinghouse shall
submit an application to the Secretary at such
time, in such manner, and containing such in-
formation as the Secretary may require.
‘‘(B) PEER REVIEW.—The Secretary shall
establish a peer review process to make rec-
ommendations on the recipient of the award for
the Clearinghouse.
‘‘(C) MERIT.—The Secretary shall make
the award for the Clearinghouse on the basis of
merit.
‘‘(2) DURATION.—The Secretary shall award
the grant or contract for the Clearinghouse for a pe-
riod of 5 years.
‘‘(3) ACTIVITIES.—The award recipient shall
use the award funds to—
224
‘‘(A) maintain a permanent collection of
such mathematics and science education in-
structional materials and programs for elemen-
tary and secondary schools as the Secretary
finds appropriate, with a priority for such mate-
rials and programs that have been identified as
promising or exemplary, through a systematic
approach such as the use of expert panels re-
quired under the Educational Research, Devel-
opment, Dissemination, and Improvement Act
of 1994;
‘‘(B) disseminate the materials and pro-
grams described in paragraph (1) to the public,
State educational agencies, local educational
agencies, and schools (particularly high-poverty,
low-performing schools), including through the
maintenance of an interactive national elec-
tronic information management and retrieval
system accessible through the Worldwide Web
and other advanced communications tech-
nologies;
‘‘(C) coordinate with other databases con-
taining mathematics and science curriculum
and instructional materials, including Federal,
225
non-Federal, and, where feasible, international
databases;
‘‘(D) support the development and dissemi-
nation of model professional development mate-
rials in mathematics and science education;
‘‘(E) contribute materials or information,
as appropriate, to other national repositories or
networks; and
‘‘(F) gather qualitative and evaluative data
on submissions to the Clearinghouse, and dis-
seminate that data widely, including through
the use of electronic dissemination networks.
‘‘(4) SUBMISSION TO CLEARINGHOUSE.—Each
Federal agency or department that develops mathe-
matics or science education instructional materials
or programs, including the National Science Foun-
dation and the Department, shall submit copies of
that material and those programs to the Clearing-
house.
‘‘(5) STEERING
COMMITTEE.—The Secretary
may appoint a steering committee to recommend
policies and activities for the Clearinghouse.
‘‘(6) APPLICATION OF COPYRIGHT LAWS.—
‘‘(A) IN GENERAL.—Nothing in this sec-
tion shall be construed to allow the use or copy-
226
ing, in any medium, of any material collected by
the Clearinghouse that is protected under the
copyright laws of the United States unless the
permission of the owner of the copyright is ob-
tained.
‘‘(B) COMPLIANCE.—In carrying out this
section, the Clearinghouse shall ensure compli-
ance with title 17 of the United States Code.
‘‘PART B—TRANSITION OF CAREER-CHANGING
PROFESSIONALS TO TEACHING; TROOPS TO
TEACHERS
‘‘SEC. 2101. FINDINGS.
‘‘The Congress finds as follows:
‘‘(1) School districts will need to hire more than
2,000,000 teachers during the first decade of the
21st century.
‘‘(2) The need for teachers in the areas of
math, science, foreign languages, special education,
and bilingual education, and for teachers able to
teach in high-poverty school districts, will be particu-
larly high. To meet this need, talented Americans of
all ages should be recruited to become successful,
qualified teachers.
‘‘(3) Nearly 13 percent of teachers of academic
subjects have neither an undergraduate major nor
227
minor in their main assignment fields. This problem
is most acute in high-poverty local educational agen-
cies, where the out-of-field teaching percentage is 22
percent.
‘‘(4) The Third International Math and Science
Study (TIMSS) ranked United States high school
seniors last among 16 countries in physics and next
to last in math. It is also evident, mainly from the
TIMSS data, that based on academic scores, a
stronger emphasis needs to be placed on the aca-
demic preparation of our children in math and
science.
‘‘(5) One-fourth of high-poverty local edu-
cational agencies find it very difficult to fill bilingual
teaching positions, and nearly half of public school
teachers have students in their classrooms for whom
English is a second language.
‘‘(6) Many career-changing professionals with
strong content-area skills are interested in a teach-
ing career, but they need assistance in getting the
appropriate pedagogical training and classroom ex-
perience.
‘‘(7) The teacher placement program known as
the ‘troops-to-teachers program’, which was estab-
lished by the Secretary of Defense and the Secretary
228
of Transportation under section 1151 of title 10,
United States Code, has been highly successful in
securing high-quality teachers for teaching positions
in high-poverty local educational agencies.
‘‘SEC. 2102. PURPOSE.
‘‘The purpose of this part is to address the need of
local educational agencies that are high-poverty local edu-
cational agencies or low-performing local educational
agencies for fully qualified teachers in particular subject
areas, such as mathematics, science, foreign languages, bi-
lingual education, and special education, by—
‘‘(1) continuing and enhancing the troops-to-
teachers program for recruiting and supporting the
placement of former members of the Armed Forces
as teachers in such local educational agencies; and
‘‘(2) recruiting, preparing, placing, and sup-
porting career-changing professionals who have
knowledge and experience that will help them be-
come such teachers.
‘‘SEC. 2103. CONTINUATION AND SUPPORT FOR TROOPS-TO-
TEACHERS PROGRAM.
‘‘(a) CONTINUATION.—The Secretary may enter into
a written agreement with the Secretary of Defense and
the Secretary of Transportation, or take such other steps
as the Secretary determines are appropriate, to ensure ef-
229
fective continuation of the troops-to-teachers program,
notwithstanding the duration of the program specified in
section 1151(c)(1)(A) of title 10, United States Code.
‘‘(b) SUPPORT.—Before providing any assistance
under section 2104 for a fiscal year, the Secretary shall
first—
‘‘(1) consult with the Secretary of Defense and
the Secretary of Transportation regarding the ap-
propriate amount of funding needed to continue and
enhance the troops-to-teachers program; and
‘‘(2) upon agreement, transfer that amount to
the Secretary of Defense to carry out the troops-to-
teachers program.
‘‘SEC. 2104. TRANSITION OF CAREER-CHANGING PROFES-
SIONALS TO TEACHING.
‘‘(a) AUTHORITY TO SUPPORT TRANSITION PRO-
GRAMS.—The Secretary may use funds appropriated pur-
suant to the authorization of appropriations in section
2108 to award grants to, and enter into contracts or coop-
erative agreements with, institutions of higher education,
including historically Black colleges and universities and
Hispanic-serving institutions, and public and private non-
profit agencies or organizations to recruit, prepare, place,
and support career-changing professionals as teachers in
local educational agencies that are high-poverty local edu-
232
retary determines necessary to determine the overall
effectiveness of programs under this part.
‘‘SEC. 2105. USES OF FUNDS AND PERIOD OF SERVICE.
‘‘(a) AUTHORIZED
ACTIVITIES.—Funds provided
under section 2104 may be used for—
‘‘(1) recruiting career-changing professionals,
including informing them of opportunities under the
program and putting them in contact with other in-
stitutions, agencies, or organizations that would
train, place, and support them;
‘‘(2) training stipends and other financial incen-
tives for career-changing professional in the pro-
gram, such as moving expenses, not to exceed
$5,000, in the aggregate, per participant;
‘‘(3) assisting institutions of higher education
or other providers of teacher training to tailor their
training to meet the particular needs of career-
changing professionals;
‘‘(4) placement activities, including identifying
high-poverty, low-performing local educational agen-
cies with needs for the particular skills and charac-
teristics of the newly trained career-changing profes-
sionals and assisting those persons to obtain employ-
ment in those local educational agencies; and
233
‘‘(5) post-placement induction or support activi-
ties.
‘‘(b) PERIOD OF SERVICE.—A career-changing pro-
fessional selected to participate in a program under this
part who completes his or her training shall serve in a
high-poverty local educational agency or a low-performing
local educational agency for at least 3 years.
‘‘(c) REPAYMENT.—The Secretary shall establish
such requirements as the Secretary determines appro-
priate to ensure that career-changing professionals who
receive a training stipend or other financial incentive
under subsection (a)(2), but who fail to complete their
service obligation under subsection (b), repay all or a por-
tion of such stipend or other incentive.
‘‘SEC. 2106. EQUITABLE DISTRIBUTION.
‘‘To the extent practicable, the Secretary shall make
awards and enter into contracts and cooperative agree-
ments under section 2104 to support teacher placement
programs for career-changing professionals in different
geographic regions of the United States.
‘‘SEC. 2107. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there is
authorized 
to 
be 
appropriated 
to 
the 
Secretary
$40,000,000 for each of fiscal years 2002 and such sums
as may be necessary for the next 4 succeeding fiscal years.
234
‘‘PART C—CLASS SIZE REDUCTION
‘‘SEC. 2201. GRANT PROGRAM.
‘‘(a) PURPOSE.—The purposes of this section are—
‘‘(1) to reduce class size through the use of
fully qualified teachers;
‘‘(2) to assist States and local educational agen-
cies in recruiting, hiring, and training 100,000
teachers in order to reduce class sizes nationally, in
grades 1 through 3, to an average of 18 students
per regular classroom; and
‘‘(3) to improve teaching in those grades so
that all students can learn to read independently
and well by the end of the 3d grade.
‘‘(b) ALLOTMENT TO STATES.—
‘‘(1) RESERVATION.—From the amount made
available to carry out this part for a fiscal year, the
Secretary shall reserve not more than 1 percent for
the Secretary of the Interior (on behalf of the Bu-
reau of Indian Affairs) and the outlying areas for
activities carried out in accordance with this section.
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN
GENERAL.—Subject to sub-
paragraph (B) and clause (ii), from the
amount made available to carry out this
part for a fiscal year and not reserved
235
under paragraph (1), the Secretary shall
allot to each State an amount equal to the
amount that such State received for the
preceding fiscal year under this section or
section 306 of the Department of Edu-
cation Appropriations Act, 2001, as the
case may be.
‘‘(ii) RATABLE
REDUCTION.—If the
amount made available to carry out this
part for a fiscal year and not reserved
under paragraph (1) is insufficient to pay
the full amounts that all States are eligible
to receive under clause (i) for such fiscal
year, the Secretary shall ratably reduce
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
amount made available to carry out this
part and not reserved under paragraph (1)
exceeds the amount made available to the
States for the preceding year under the au-
thorities described in subparagraph (A)(i),
the Secretary shall allot to each of those
236
States the percentage of the excess amount
that is the greater of—
‘‘(I) the percentage the State re-
ceived for the preceding fiscal year of
the total amount made available to
the States under section 1122; or
‘‘(II) the percentage so received
of the total amount made available to
the States under section 6511(b), as
in effect on the day before the date of
the enactment of the Excellence and
Accountability in Education Act, or
the corresponding provision of this
title, as the case may be.
‘‘(ii) RATABLE REDUCTIONS.—If the
excess amount for a fiscal year is insuffi-
cient to pay the full amounts that all
States are eligible to receive under clause
(i) for such fiscal year, the Secretary shall
ratably reduce such amounts for such fis-
cal year.
‘‘(c) ALLOCATION TO LOCAL EDUCATIONAL AGEN-
CIES.—
‘‘(1) ALLOCATION.—Each State that receives
funds under this section shall allocate 100 percent
237
of those funds to local educational agencies, of
which—
‘‘(A) 80 percent shall be allocated to those
local educational agencies in proportion to the
number of children, age 5 through 17, from
families with incomes below the poverty line (as
defined 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))) applica-
ble to a family of the size involved, who reside
in the school district served by that local edu-
cational agency for the most recent fiscal year
for which satisfactory data are available, com-
pared to the number of those children who re-
side in the school districts served by all the
local educational agencies in the State for that
fiscal year; and
‘‘(B) 20 percent shall be allocated to those
local educational agencies in accordance with
the relative enrollments of children, age 5
through 17, in public and private nonprofit ele-
mentary schools and secondary schools within
the areas served by those agencies.
238
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1) and subsection (d)(2)(B), if the award to a local
educational agency under this section is less than
the starting salary for a new fully qualified teacher
for a school served by that agency, that agency may
use funds made available under this section to—
‘‘(A) help pay the salary of a full- or part-
time fully qualified teacher hired to reduce class
size, which may be done in combination with
the expenditure of other Federal, State, or local
funds; or
‘‘(B) pay for activities described in sub-
section (d)(2)(A)(iii) that may be related to
teaching in smaller classes.
‘‘(d) USE OF FUNDS.—
‘‘(1) MANDATORY
USES.—Each local edu-
cational agency that receives funds under this sec-
tion shall use those funds to carry out effective ap-
proaches to reducing class size through use of fully
qualified teachers to improve educational achieve-
ment for both regular and special needs children,
with particular consideration given to reducing class
size in the early elementary grades for which some
research has shown class size reduction is most ef-
fective.
239
‘‘(2) PERMISSIBLE USES.—
‘‘(A) IN GENERAL.—Each such local edu-
cational agency may use funds made available
under this section for—
‘‘(i) recruiting (including through the
use of signing bonuses, and other financial
incentives), hiring, and training fully quali-
fied regular and special education teachers
(which may include hiring special edu-
cation teachers to team-teach with regular
teachers in classrooms that contain both
children with disabilities and non-disabled
children) and teachers of special needs
children;
‘‘(ii) testing new teachers for aca-
demic content knowledge, and to meet
State certification or licensing require-
ments that are consistent with title II of
the Higher Education Act of 1965; and
‘‘(iii) providing professional develop-
ment (which may include such activities as
promoting retention and mentoring) for
teachers, including special education teach-
ers and teachers of special needs children,
in order to meet the goal of ensuring that
240
all teachers have the general knowledge,
teaching skills, and subject matter knowl-
edge necessary to teach effectively in the
content areas in which the teachers teach,
consistent with title II of the Higher Edu-
cation Act of 1965.
‘‘(B) LIMITATION ON TESTING AND PRO-
FESSIONAL DEVELOPMENT.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a local educational
agency may use not more than a total of
25 percent of the funds received by the
agency under this section for activities de-
scribed in clauses (ii) and (iii) of subpara-
graph (A).
‘‘(ii) SPECIAL
RULE.—A local edu-
cational agency may use more than 25 per-
cent of the funds the agency receives under
this section for activities described in sub-
paragraph (A)(iii) for the purpose of help-
ing teachers who are not yet fully qualified
in attaining full qualification if 10 percent
or more of the elementary school classes in
a school are taught by individuals who are
not fully qualified teachers or the State
241
educational agency has waived State cer-
tification or licensing requirements for 10
percent or more of such teachers.
‘‘(C) USE OF FUNDS BY AGENCIES THAT
HAVE REDUCED CLASS SIZE.—Notwithstanding
subparagraph (B), a local educational agency
that has already reduced class size in the early
elementary grades to 18 or fewer children (or
has already reduced class size to a State or
local class size reduction goal that was in effect
on November 28, 1999 if that goal is 20 or
fewer children) may use funds received under
this section—
‘‘(i) to make further class size reduc-
tions in kindergarten through third grade;
‘‘(ii) to reduce class size in other
grades; or
‘‘(iii) to carry out activities to improve
teacher quality, including professional de-
velopment.
‘‘(3) SUPPLEMENT, 
NOT
SUPPLANT.—Each
such agency shall use funds made available under
this section only to supplement, and not to supplant,
State and local funds that, in the absence of funds
242
made available under this section, would otherwise
be expended for activities described in this section.
‘‘(4) LIMITATION ON USE FOR SALARIES AND
BENEFITS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), no funds made available
under this section may be used to increase the
salaries of, or provide benefits (other than par-
ticipation in professional development and en-
richment programs) to, teachers who are not
hired under this section.
‘‘(B) EXCEPTION.—Funds made available
under this section may be used to pay the sala-
ries of teachers hired under section 306 of the
Department of Education Appropriations Act,
2001.
‘‘(e) REPORTS.—
‘‘(1) STATE ACTIVITIES.—Each State receiving
funds under this section shall prepare and submit to
the Secretary a biennial report on activities carried
out in the State under this section that provides the
information described in section 6122(a)(2) with re-
spect to the activities.
‘‘(2) PROGRESS CONCERNING CLASS SIZE AND
QUALIFIED TEACHERS.—Each State and local edu-
243
cational agency receiving funds under this section
shall annually report to parents and the public, in
numeric form as compared to the previous year,
on—
‘‘(A) the agency’s progress in reducing
class size, and increasing the percentage of
classes in core academic areas taught by fully
qualified teachers ; and
‘‘(B) the impact that hiring additional fully
qualified teachers and reducing class size, has
had, if any, on increasing student academic
achievement.
‘‘(3) NOTICE.—Each local educational agency
that receives funds under this section shall provide
to each individual parent of a child who attends a
school in such local educational agency timely, writ-
ten notice if the child has been assigned or has been
taught for 2 or more consecutive weeks by a sub-
stitute teacher, as defined by such local educational
agency, or a teacher who is not fully qualified.
‘‘(f) PRIVATE SCHOOLS.—If a local educational agen-
cy uses funds made available under this section for profes-
sional development activities, the agency shall ensure the
equitable participation of private nonprofit elementary
schools and secondary schools in such activities in accord-
244
ance with section 6402. Section 6402 shall not apply to
other activities carried out under this section.
‘‘(g) ADMINISTRATIVE
EXPENSES.—A local edu-
cational agency that receives funds under this section may
use not more than 3 percent of such funds for local admin-
istrative costs.
‘‘(h) REQUEST FOR FUNDS.—Each local educational
agency that desires to receive funds under this section
shall include in the application required under section
2017 a description of the agency’s program to reduce class
size by hiring additional fully qualified teachers.
‘‘(i) 
CERTIFICATION, 
LICENSING, 
AND
COM-
PETENCY.—No funds made available under this section
may be used to pay the salary of any teacher unless such
teachers is fully qualified.
‘‘(j) DEFINITION.—As used in this section, the term
‘certified’ includes certification through State or local al-
ternative routes.
‘‘SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this 
part 
$2,537,000,000 
for 
fiscal 
year 
2002
$3,452,000,000 for fiscal year 2003, $4,336,000,000 for
fiscal year 2004, and $5,281,000,000 for fiscal years 2005
and 2006.’’.
245
(b) NATIONAL WRITING PROJECT; TEACHER COM-
PENSATION; PRINCIPAL
LEADERSHIP
DEVELOPMENT;
GENERAL PROVISIONS.—Part K of title X is repealed.
Title II is amended by adding at the end the following:
‘‘PART E—NATIONAL WRITING PROJECT
‘‘SEC. 2301. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the United States faces a continuing crisis
in writing in schools and in the workplace;
‘‘(2) the writing problem has been magnified by
the rapidly changing student population, the growing
number of at-risk students due to limited English
proficiency, the shortage of adequately trained
teachers, and the specialized knowledge required of
teachers to teach students with special needs who
are now part of mainstream classrooms;
‘‘(3) nationwide reports from universities and
colleges show that entering students are unable to
meet the demands of college level writing, almost all
2-year institutions of higher education offer remedial
writing courses, and three-quarters of public 4-year
institutions of higher education and half of all pri-
vate 4-year institutions of higher education must
provide remedial courses in writing;
246
‘‘(4) American businesses and corporations are
concerned about the limited writing skills of both
entry-level workers and executives whose promotions
are denied due to inadequate writing abilities;
‘‘(5) writing is fundamental to learning, includ-
ing learning to read, yet writing has been neglected
historically in schools and in teacher training institu-
tions;
‘‘(6) writing is a central feature in State and
school district education standards in all disciplines;
‘‘(7) since 1973, the only national program to
address the writing problem in the Nation’s schools
has been the National Writing Project, a network of
collaborative university-school programs the goals of
which are to improve student achievement in writing
and student learning through improving the teaching
and uses of writing at all grade levels and in all dis-
ciplines;
‘‘(8) the National Writing Project is a nation-
ally recognized and honored nonprofit organization
that improves the quality of teaching and teachers
through developing teacher leaders who teach other
teachers in summer and school year programs;
‘‘(9) evaluations of the National Writing
Project document the positive impact the project has
247
had on improving the teaching of writing, student
performance in writing, and student learning;
‘‘(10) the National Writing Project has become
a model for programs to improve teaching in such
other fields as mathematics, science, history, reading
and literature, performing arts and foreign lan-
guages;
‘‘(11) each year over 150,000 participants ben-
efit from National Writing Project programs in 1 of
156 United States sites located in 46 States and the
Commonwealth of Puerto Rico; and
‘‘(12) the National Writing Project is a cost-ef-
fective program and leverages over 6 dollars for
every 1 Federal dollar.
‘‘(b) PURPOSE.—It is the purpose of this part—
‘‘(1) to support and promote the expansion of
the National Writing Project network of sites so
that teachers in every region of the United States
will have access to a National Writing Project pro-
gram;
‘‘(2) to ensure the consistent high quality of the
sites through ongoing review, evaluation and tech-
nical assistance;
248
‘‘(3) to support and promote the establishment
of programs to disseminate effective practices and
research findings about the teaching of writing; and
‘‘(4) to coordinate activities assisted under this
part with activities assisted under this Act.
‘‘SEC. 2302. AUTHORIZATION.
‘‘(a) AUTHORIZATION.—The Secretary is authorized
to make a grant to the National Writing Project (hereafter
in this section referred to as the ‘grantee’), a nonprofit
educational organization that has as its primary purpose
the improvement of the quality of student writing and
learning, to improve the teaching and uses of writing to
learn in our Nation’s classrooms.
‘‘(b) REQUIREMENTS OF GRANT.—The grant shall
provide that—
‘‘(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (hereafter in this section re-
ferred to as ‘contractors’) under which the contrac-
tors will agree to establish, operate, and provide the
non-Federal share of the cost of teacher training
programs in effective approaches and processes for
the teaching of writing;
‘‘(2) funds made available by the Secretary to
the grantee pursuant to any contract entered into
249
under this section will be used to pay the Federal
share of the cost of establishing and operating teach-
er training programs as provided in paragraph (1);
and
‘‘(3) the grantee will meet such other conditions
and standards as the Secretary determines to be
necessary to assure compliance with the provisions
of this section and will provide such technical assist-
ance as may be necessary to carry out the provisions
of this section.
‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher
training programs authorized in subsection (a) shall—
‘‘(1) be conducted during the school year and
during the summer months;
‘‘(2) train teachers who teach grades kinder-
garten through college;
‘‘(3) select teachers to become members of a
National Writing Project teacher network whose
members will conduct writing workshops for other
teachers in the area served by each National Writing
Project site; and
‘‘(4) encourage teachers from all disciplines to
participate in such teacher training programs.
‘‘(d) FEDERAL SHARE.—
250
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2) or (3) and for purposes of subsection (a),
the term ‘Federal share’ means, with respect to the
costs of teacher training programs authorized in
subsection (a), 50 percent of such costs to the con-
tractor.
‘‘(2) WAIVER.—The Secretary may waive the
provisions of paragraph (1) on a case-by-case basis
if the National Advisory Board described in sub-
section (e) determines, on the basis of financial
need, that such waiver is necessary.
‘‘(3) MAXIMUM.—The Federal share of the
costs of teacher training programs conducted pursu-
ant to subsection (a) may not exceed $100,000 for
any 1 contractor, or $200,000 for a statewide pro-
gram administered by any 1 contractor in at least
5 sites throughout the State.
‘‘(e) NATIONAL ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—The National Writing
Project shall establish and operate a National Advi-
sory Board.
‘‘(2) COMPOSITION.—The National Advisory
Board established pursuant to paragraph (1) shall
consist of—
‘‘(A) national educational leaders;
251
‘‘(B) leaders in the field of writing; and
‘‘(C) such other individuals as the National
Writing Project deems necessary.
‘‘(3) DUTIES.—The National Advisory Board
established pursuant to paragraph (1) shall—
‘‘(A) advise the National Writing Project
on national issues related to student writing
and the teaching of writing;
‘‘(B) review the activities and programs of
the National Writing Project; and
‘‘(C) support the continued development of
the National Writing Project.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct an independent evaluation by grant or contract
of the teacher training programs administered pur-
suant to this Act in accordance with section 11501.
Such evaluation shall specify the amount of funds
expended by the National Writing Project and each
contractor receiving assistance under this section for
administrative costs. The results of such evaluation
shall be made available to the appropriate commit-
tees of the Congress.
‘‘(2) FUNDING
LIMITATION.—The Secretary
shall reserve not more than $150,000 from the total
252
amount appropriated pursuant to the authority of
subsection (h) for fiscal year 2002 and the 4 suc-
ceeding fiscal years to conduct the evaluation de-
scribed in paragraph (1).
‘‘(g) APPLICATION REVIEW.—
‘‘(1) REVIEW
BOARD.—The National Writing
Project shall establish and operate a National Re-
view Board that shall consist of—
‘‘(A) leaders in the field of research in
writing; and
‘‘(B) such other individuals as the Na-
tional Writing Project deems necessary.
‘‘(2) DUTIES.—The National Review Board
shall—
‘‘(A) review all applications for assistance
under this subsection; and
‘‘(B) recommend applications for assist-
ance under this subsection for funding by the
National Writing Project.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated for the grant to the Na-
tional Writing Project, $15,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 4 suc-
ceeding fiscal years.
253
‘‘PART F—TEACHER COMPENSATION
‘‘SEC. 2351. PURPOSE.
‘‘The purpose of this part is to provide additional
compensation to attract and retain fully qualified teachers
who provide instruction in disadvantaged and low-per-
forming schools.
‘‘SEC. 2352. PROGRAM AUTHORIZED.
‘‘(a) GRANTS.—The Secretary is authorized, in ac-
cordance with the provisions of this part, to award grants,
on a competitive basis, to local educational agencies with
approved applications under section 2353 for the purpose
of providing additional compensation to attract and retain
fully qualified teachers who provide instruction in dis-
advantaged and low-performing schools.
‘‘(b) 
EQUITABLE
DISTRIBUTION.—In 
awarding
grants under this part, the Secretary shall assure an equi-
table distribution of assistance among urban and rural
areas of the United States.
‘‘(c) MINIMUM AMOUNT.—The Secretary shall ensure
that all grants awarded under this part are of sufficient
size and scope so as to be effective and such grants are
in an amount consistent with section 2354(a).
‘‘SEC. 2353. ELIGIBILITY; APPLICATION.
‘‘(a) ELIGIBILITY.—To be eligible to receive a grant
under this part, a local educational agency shall have no
254
less than 20 percent of its children from families with in-
comes below the poverty line.
‘‘(b) APPLICATION REQUIRED.—To be eligible to re-
ceive a grant under this part, a local educational agency
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may reasonably prescribe.
‘‘(c) ASSURANCES.—Each such application, at a min-
imum, shall include—
‘‘(1) an assurance that teachers receiving com-
pensation are fully qualified;
‘‘(2) an assurance that teachers from all aca-
demic subjects are permitted to participate, includ-
ing special education teachers, and teachers with ex-
pertise in teaching students with limited English
proficiency, and
‘‘(3) a description of how funds made available
under this part shall be used in conjunction with
other federal, state, and local resources to attract
and retain fully qualified teachers, including how
such funds will be used to make progress on the per-
formance indicators specified in section 2401.
‘‘SEC. 2354. USES OF FUNDS.
‘‘(a) 
ADDITIONAL
COMPENSATION.—Local 
edu-
cational agencies receiving a grant under this part shall
255
use such funds to provide additional compensation to
teachers, up to $5,000 per individual teacher per academic
year, who teach in schools—
‘‘(1) of which 50 percent of children are from
families with incomes below the poverty line; or
‘‘(2) which are identified for school improve-
ment or corrective action under section 1116.
‘‘(b) FULLY QUALIFIED.—All teachers who receive
compensation under this part shall be fully qualified, and
shall agree to teach in schools described under subsection
(a)(1) for at least 2 academic years.
‘‘SEC. 2355. EVALUATION.
‘‘(a) NATIONAL EVALUATION.—(1) The Secretary
shall develop a plan for a national evaluation of this part
to assess its effectiveness in increasing the percentage of
classes in schools in which fully qualified teachers receiv-
ing additional compensation under this part are teaching.
‘‘(2) The evaluation required under paragraph (1)
shall focus on the results for schools in the three years
following the initial distribution of funds under this part.
‘‘(b) REPORT.—Prior to the completion of the na-
tional evaluation under subsection (a), the Secretary shall
submit an interim report outlining first-year implementa-
tion activities and their effectiveness to the Committee on
Education and the Workforce of the House of Representa-
256
tives and the Committee on Health, Education, Labor,
and Pensions of the Senate.
‘‘SEC. 2356. AUTHORIZATION OF APPROPRIATIONS.
‘‘For purposes of carrying out this part, there are au-
thorized to be appropriated $1,000,000,000 for fiscal year
2002, 
$1,130,000,000 
for 
fiscal 
year 
2003,
$1,276,000,000 for fiscal year 2004, $1,442,000,000 for
fiscal year 2005, and $1,630,000,000 for fiscal year 2006.
‘‘PART G—PRINCIPAL LEADERSHIP
DEVELOPMENT
‘‘SEC. 2361. PROFESSIONAL DEVELOPMENT FOR PRIN-
CIPALS AS LEADERS OF SCHOOL REFORM.
‘‘(a) COMPETITIVE GRANTS.—The Secretary is au-
thorized to award, on a competitive basis, grants to eligible
partnerships—
‘‘(1) consisting of—
‘‘(A) one or more institutions of higher
education that provide professional development
for principals and other school administrators;
and
‘‘(B) one or more local educational agen-
cies; and
‘‘(2) that may include other entities, agencies,
and organizations, such as a State educational agen-
cy, a State agency for higher education, or profes-
257
sional organizations for principals, administrators,
teachers, and parents.
‘‘(b) APPLICATION.—An eligible partnership that de-
sires to receive a grant under this section shall submit an
application at such time, in such form, and containing
such information as the Secretary may require. Each such
application shall include—
‘‘(1) a description of the activities the partner-
ship will carry out to meet the purpose of this part;
‘‘(2) a description of how those activities will
build on and be coordinated with other professional
development activities, including activities under this
title and title II of the Higher Education Act of
1965;
‘‘(3) a description of how principals, teachers,
and other interested parties were involved in devel-
oping the application and will be involved in plan-
ning and carrying out the activities under this sec-
tion; and
‘‘(4) a description of how the professional devel-
opment will result in the acquisition of a license, de-
gree, or continuing education unit.
‘‘(c) USE OF FUNDS.—An eligible partnership that
receives a grant under this section shall use the grant
funds to provide professional development to principals
258
and other school administrators to enable them to be effec-
tive school leaders and prepare all students to achieve to
challenging State content and student performance stand-
ards, including professional development on—
‘‘(1) comprehensive school reform;
‘‘(2) leadership skills;
‘‘(3) recruitment, assignment, retention and
evaluation of teacher and other instructional staff;
‘‘(4) State content standards;
‘‘(5) effective instructional practice;
‘‘(6) using smaller classes effectively; and
‘‘(7) parental and community involvement.
‘‘(d) AUTHORIZATION
OF
APPROPRIATIONS.—For
purposes of carrying out this part, there are authorized
to be appropriated $100,000,000 for fiscal year 2002, and
such sums as may be necessary for the 4 succeeding fiscal
years.
‘‘PART H—GENERAL PROVISIONS
‘‘SEC. 2401. PERFORMANCE INDICATORS.
‘‘(a) MINIMUM INDICATORS.—At a minimum, the in-
dicators of program performance under part B, against
which recipients of funds under this title shall report their
progress in such manner as the Secretary may determine,
are the following:
‘‘(1) Improvement in student achievement.
259
‘‘(2) An increase in the percentage of classes
taught by fully qualified teachers, including teachers
from minority and other historically underrep-
resented groups.
‘‘(3) An equalization, between high- and low-
poverty schools in a local educational agency, of
classes in core academic areas taught by fully quali-
fied teachers.
‘‘(4) An increase in the percentage of fully
qualified teachers.
‘‘(5) An increase in the percentage of para-
professionals who have completed a certification pro-
gram.
‘‘SEC. 2402. DEFINITIONS.
‘‘As used in this title:
‘‘(1) CAREER-CHANGING
PROFESSIONAL.—The
term ‘career-changing professional’ means a person
who—
‘‘(A) holds at least a baccalaureate degree;
‘‘(B) 
demonstrates 
a 
commitment 
to
changing the person’s current professional ca-
reer and becoming a teacher; and
‘‘(C) has knowledge and experience that is
relevant to teaching a high-need subject area in
a high-poverty local educational agency.
260
‘‘(2) 
HIGH-POVERTY
LOCAL
EDUCATIONAL
AGENCY.—The term ‘high-poverty local educational
agency’ means a local educational agency in which—
‘‘(A) the percentage of children, ages 5
through 17, from families below the poverty
level (as defined 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))) applica-
ble to a family of the size involved for the most
recent fiscal year for which satisfactory data
are available is 33 percent or greater; or
‘‘(B) the number of such children exceeds
10,000.
‘‘(3) LOW-PERFORMING
LOCAL
EDUCATIONAL
AGENCY.—The term ‘low-performing local edu-
cational agency’ means—
‘‘(A) a local educational agency that in-
cludes a school identified by the agency for
school improvement under section 1116(c); or
‘‘(B) a local educational agency that in-
cludes a school in which at least 50 percent of
the students fail to meet State student perform-
ance standards based on assessments the agen-
cy is using under part A of title I.
261
‘‘(4) 
TECHNOLOGY
DEFICIENT.—The 
term
‘technology deficient’, when used with respect to a
local educational agency or a school, means that the
agency or school does not possess the equipment,
networking, or skills to use technology to enhance
teaching and learning.
‘‘(5) TECHNOLOGY
PROFICIENT.—The term
‘technology proficient’, when used with respect to a
local educational agency or a school, means that the
agency or school possesses the equipment, net-
working, and skills to use technology to enhance
teaching and learning.
‘‘(6) 
TROOPS-TO-TEACHERS
PROGRAM.—The
term ‘troops-to-teachers program’ means the teach-
ers and teachers’ aide placement program for sepa-
rated members of the Armed Forces that was estab-
lished by the Secretary of Defense, and the Sec-
retary of Transportation with respect to the Coast
Guard, under section 1151 of title 10, United States
Code.
‘‘(7) UNQUALIFIED TEACHER.—The term ‘un-
qualified teacher’ means a teacher who is not fully
qualified.
262
‘‘SEC. 2403. FUNDING FOR TEACHER QUALITY.
‘‘(a) USE OF FUNDS.—Notwithstanding any other
provision of this Act, local educational agencies may use
funds appropriated under sections 1002(a), 2003(a), and
6002(a) to provide the necessary education, training, and
professional development to ensure that all teachers be-
come fully qualified. Such assistance may include—
‘‘(1) the use of signing bonuses or other finan-
cial incentives to recruit and retain fully qualified
teachers;
‘‘(2) collaboration with programs that recruit,
place, and train fully qualified teachers; or
‘‘(3) subsidizing the costs of college tuition and
other students fees (for programs that meet the cri-
teria under section 203(a)(2)(A)(i) of the Higher
Education Amendments of 1998, relating to the pas-
sage rates of graduates from the program), to help
current teachers, and other school personnel, to be-
come fully qualified teachers.
‘‘(b) SPECIAL RULE.—In order to receive assistance
under subsection (a)(3), a teacher must agree to teach for
at least 2 subsequent years after receiving such assistance
in a school in which the enrollment of children counted
under section 1124(c) exceeds 50 percent of the total en-
rollment of that school.’’.
263
SEC. 202. READING EXCELLENCE ACT.
Section 2260(a) (20 U.S.C. 6661i(a)) is amended by
adding at the end the following:
‘‘(3) FISCAL YEARS 2002 TO 2006.—There are
authorized to be appropriated to carry out this part
$350,000,000 for fiscal year 2002 and such sums as
may be necessary for fiscal years 2003 through
2006.’’.
SEC. 203. STUDENT LOAN FORGIVENESS FOR TEACHERS.
(a) GUARANTEED LOANS.—Section 428J of the
Higher Education Act of 1965 (20 U.S.C. 1078–10) is
amended to read as follows:
‘‘SEC. 428J. LOAN FORGIVENESS FOR TEACHERS.
‘‘(a) STATEMENT OF PURPOSE.—It is the purpose of
this section to encourage individuals to enter and continue
in the teaching profession.
‘‘(b) PROGRAM AUTHORIZED.—The Secretary shall
carry out a program, through the holder of the loan, of
assuming the obligation to repay in accordance with sub-
section (c) a qualified loan amount for a loan made under
section 428 or 428H for any borrower who—
‘‘(1) is employed as a full-time teacher during
the academic year beginning in calendar year 2001
or during any subsequent academic year—
264
‘‘(A) in a school that qualifies under sec-
tion 465(a)(2)(A) for loan cancellation for Per-
kins loan recipients who teach in such schools;
‘‘(B) if employed as a secondary school
teacher, is teaching—
‘‘(i) a subject area that is relevant to
the borrower’s academic major as certified
by the chief administrative officer of the
public or nonprofit private secondary
school in which the borrower is employed;
or
‘‘(ii) special education or bilingual
education;
‘‘(C) if employed as an elementary school
teacher, has demonstrated, as certified by the
chief administrative officer of the public or non-
profit private elementary school in which the
borrower is employed, knowledge and teaching
skills in reading, writing, mathematics, special
education, bilingual education, and other areas
of the elementary school curriculum; and
‘‘(D) is fully qualified, as such term is de-
fined in section 10101 of the Elementary and
Secondary Education Act of 1965; and
265
‘‘(2) is not in default on a loan for which the
borrower seeks forgiveness.
‘‘(c) QUALIFIED LOANS AMOUNT.—
‘‘(1) IN GENERAL.—Of the aggregate loan obli-
gations of a borrower on loans made under section
428 or 428H that are outstanding after the comple-
tion of the first complete school year of teaching de-
scribed in subsection (b)(1) for which the borrower
applies for repayment under this section, the Sec-
retary shall repay not more than—
‘‘(A) $3,000 for each of the first and sec-
ond such complete school years;
‘‘(B) $4,000 for the third such complete
school year; and
‘‘(C) $5,000 for each of the fourth and
fifth such complete school years.
‘‘(2) TREATMENT OF CONSOLIDATION LOANS.—
A loan amount for a loan made under section 428C
may be a qualified loan amount for the purposes of
this subsection only to the extent that such loan
amount was used to repay a Federal Direct Stafford
Loan, a Federal Direct Unsubsidized Stafford Loan,
or a loan made under section 428 or 428H for a
borrower who meets the requirements of subsection
266
(b), as determined in accordance with regulations
prescribed by the Secretary.
‘‘(d) REGULATIONS.—The Secretary is authorized to
issue such regulations as may be necessary to carry out
the provisions of this section.
‘‘(e) CONSTRUCTION.—Nothing in this section shall
be construed to authorize any refunding of any repayment
of a loan.
‘‘(f) LIST.—If the list of schools in which a teacher
may perform service pursuant to subsection (b) is not
available before May 1 of any year, the Secretary may use
the list for the year preceding the year for which the deter-
mination is made to make such service determination.
‘‘(g) ADDITIONAL ELIGIBILITY PROVISIONS.—
‘‘(1) CONTINUED
ELIGIBILITY.—Any teacher
who performs service in a school that—
‘‘(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
‘‘(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be
eligible for loan forgiveness pursuant to subsection
(b).
‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No
borrower may, for the same service, receive a benefit
267
under both this subsection and subtitle D of title I
of the National and Community Service Act of 1990
(42 U.S.C. 12571 et seq.). No borrower may receive
a reduction of loan obligations under both this sec-
tion and section 460.
‘‘(h) DEFINITION.—For purposes of this section, the
term ‘year’, where applied to service as a teacher, means
an academic year as defined by the Secretary.’’.
(b) DIRECT LOANS.—Section 460 of such Act (20
U.S.C. 1087j) is amended to read as follows:
‘‘SEC. 460. LOAN FORGIVENESS FOR TEACHERS.
‘‘(a) STATEMENT OF PURPOSE.—It is the purpose of
this section to encourage individuals to enter and continue
in the teaching profession.
‘‘(b) PROGRAM AUTHORIZED.—The Secretary shall
carry out a program of canceling the obligation to repay
a qualified loan amount in accordance with subsection (c)
for Federal Direct Stafford Loans and Federal Direct Un-
subsidized Stafford Loans made under this part for any
borrower who—
‘‘(1) is employed as a full-time teacher during
the academic year beginning in calendar year 2001
or during any subsequent academic year—
268
‘‘(A) in a school that qualifies under sec-
tion 465(a)(2)(A) for loan cancellation for Per-
kins loan recipients who teach in such schools;
‘‘(B) if employed as a secondary school
teacher, is teaching—
‘‘(i) a subject area that is relevant to
the borrower’s academic major as certified
by the chief administrative officer of the
public or nonprofit private secondary
school in which the borrower is employed;
or
‘‘(ii) special education or bilingual
education;
‘‘(C) if employed as an elementary school
teacher, has demonstrated, as certified by the
chief administrative officer of the public or non-
profit private elementary school in which the
borrower is employed, knowledge and teaching
skills in reading, writing, mathematics, special
education, bilingual education, and other areas
of the elementary school curriculum; and
‘‘(D) is fully qualified, as such term is de-
fined in section 10101 of the Elementary and
Secondary Education Act of 1965; and
269
‘‘(2) is not in default on a loan for which the
borrower seeks forgiveness.
‘‘(c) QUALIFIED LOANS AMOUNT.—
‘‘(1) IN GENERAL.—Of the aggregate loan obli-
gations of a borrower on Federal Direct Stafford
Loans and Federal Direct Unsubsidized Stafford
Loans made under this part that are outstanding
after the completion of the first complete school year
of teaching described in subsection (b)(1) for which
the borrower applies for cancellation under this sec-
tion, the Secretary shall cancel not more than—
‘‘(A) $3,000 for each of the first and sec-
ond such complete school years;
‘‘(B) $4,000 for the third such complete
school year; and
‘‘(C) $5,000 for each of the fourth and
fifth such complete school years.
‘‘(2) TREATMENT OF CONSOLIDATION LOANS.—
A loan amount for a Federal Direct Consolidation
Loan may be a qualified loan amount for the pur-
poses of this subsection only to the extent that such
loan amount was used to repay a Federal Direct
Stafford Loan, a Federal Direct Unsubsidized Staf-
ford Loan, or a loan made under section 428 or
428H, for a borrower who meets the requirements of
270
subsection (b), as determined in accordance with
regulations prescribed by the Secretary.
‘‘(d) REGULATIONS.—The Secretary is authorized to
issue such regulations as may be necessary to carry out
the provisions of this section.
‘‘(e) CONSTRUCTION.—Nothing in this section shall
be construed to authorize any refunding of any repayment
of a loan.
‘‘(f) LIST.—If the list of schools in which a teacher
may perform service pursuant to subsection (b) is not
available before May 1 of any year, the Secretary may use
the list for the year preceding the year for which the deter-
mination is made to make such service determination.
‘‘(g) ADDITIONAL ELIGIBILITY PROVISIONS.—
‘‘(1) CONTINUED
ELIGIBILITY.—Any teacher
who performs service in a school that—
‘‘(A) meets the requirements of subsection
(b)(1)(A) in any year during such service; and
‘‘(B) in a subsequent year fails to meet the
requirements of such subsection,
may continue to teach in such school and shall be
eligible for loan forgiveness pursuant to subsection
(b).
‘‘(2) PREVENTION OF DOUBLE BENEFITS.—No
borrower may, for the same service, receive a benefit
271
under both this subsection and subtitle D of title I
of the National and Community Service Act of 1990
(42 U.S.C. 12571 et seq.). No borrower may receive
a reduction of loan obligations under both this sec-
tion and section 428J.
‘‘(h) DEFINITION.—For purposes of this section, the
term ‘year’, where applied to service as a teacher, means
an academic year as defined by the Secretary.’’.
TITLE III—TECHNOLOGY FOR
EDUCATION
SEC. 301. TECHNOLOGY FOR EDUCATION.
Title III (20 U.S.C. 6801 et seq.) is amended to read
as follows:
‘‘TITLE III—TECHNOLOGY FOR
EDUCATION
‘‘SEC. 3001. SHORT TITLE.
‘‘This title may be cited as the ‘Technology for Edu-
cation Act’.
‘‘SEC. 3002. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Technology can—
‘‘(A) support education improvement ef-
forts by expanding available resources and re-
shaping instruction, teaching, and learning en-
vironments; and
272
‘‘(B) when used effectively and aligned
with challenging State academic content and
performance standards, support teacher capac-
ity to create classrooms where students develop
higher-order thinking and information tech-
nology skills.
‘‘(2) By providing students with a rapidly ex-
panding educational resource base, and a unique
means of developing content knowledge, improve-
ments in software and other technology applications
(such as high-quality video, voice recognition, mod-
eling and simulation, and intelligent tutoring and
virtual reality tools), have increased student oppor-
tunities for meaningful exploration and discovery.
‘‘(3) The Federal Government—
‘‘(A) has played an integral role in expand-
ing and improving access to technology as an
important tool for teaching and learning; and
‘‘(B) can continue to serve as a catalyst in
bringing effective uses for education technology
to the classroom by providing support for—
‘‘(i) access to technology;
‘‘(ii) the development of educational
software and web-based learning resources;
and
273
‘‘(iii) sustained and intensive, high-
quality professional development that is
aligned with challenging State academic
content and performance standards.
‘‘(4) Professional development programs for
prospective teachers and current teachers should be
refocused to strengthen the ability of such teachers
to integrate technology across the curriculum.
‘‘(5) Policies at the Federal, State, and local
levels concerning technology in education must ad-
dress disparities in the availability of technology to
different groups of students, give priority to serving
students in greatest need, and recognize that edu-
cational telecommunications and technology can ad-
dress educational equalization concerns and school
restructuring needs by providing universal access to
high-quality teaching and programs, particularly in
urban and rural areas.
‘‘(6) Technology can enhance the ongoing pro-
fessional development of teachers and administrators
by providing constant access to updated research in
teaching and learning by means of telecommuni-
cations, and, through exposure to technology ad-
vancements, keep teachers and administrators ex-
274
cited and knowledgeable about unfolding opportuni-
ties for the classroom.
‘‘(7) Poor children are less likely than their
wealthier peers to have access to a computer at
home, and to attend a school in which teachers use
technology to develop technical and higher-order
thinking skills.
‘‘(8) Because girls of all ethnicities consistently
rate themselves significantly lower than boys on
computer ability, and are less likely to experiment
with technology and enroll in advanced computer
science courses, the Federal Government should en-
courage States, local educational agencies, and
teachers to consider the needs of girls and women
to obtain technical proficiency and expose girls and
women to careers in technology, so that they can
compete in an increasingly technological society.
‘‘SEC. 3003. STATEMENT OF PURPOSE.
‘‘The purpose of this title is to help all students to
develop technical and higher-order thinking skills and to
achieve to challenging State academic content and per-
formance standards.
‘‘(1) helping to provide all classrooms with ac-
cess to educational technology through support for
275
the acquisition of advanced multimedia computers,
Internet connections, and other technologies;
‘‘(2) helping to ensure access to, and effective
use of, educational technology in all classrooms
through the provision of sustained and intensive,
high-quality professional development that improves
teachers capability to integrate educational tech-
nology effectively into their classrooms and instruc-
tional practices by actively engaging students and
teachers in the use of technology;
‘‘(3) helping to improve the capability of teach-
ers to design and construct new learning experiences
using technology, and actively engage students in
that design and construction;
‘‘(4) supporting Federal partnerships with busi-
ness and industry to realize more rapidly the poten-
tial of digital communications to expand the scope
of, and opportunities for, learning; and
‘‘(5) providing national leadership to stimulate
and coordinate public and private efforts, at the na-
tional, State, and local levels, that support the devel-
opment and integration of advanced technologies
and applications to improve school planning and
classroom instruction;
276
‘‘SEC. 3004. DEFINITIONS.
‘‘For the purposes of this title—
‘‘(1) the term ‘adult education’ has the same
meaning given such term by section 203 of the
Adult Education and Family Literacy Act;
‘‘(2) the term ‘all students’ means students
from a broad range of backgrounds and cir-
cumstances, including disadvantaged students, stu-
dents with diverse racial, ethnic, and cultural back-
grounds, students with disabilities, students with
limited English proficiency, students who have
dropped out of school, and academically talented
students;
‘‘(3) the term ‘information infrastructure’
means a network of communication systems de-
signed to exchange information among all citizens
and residents of the United States;
‘‘(4) the term ‘instructional programming’
means the full range of audio and video data, text,
graphics, or additional state-of-the-art communica-
tions, including multimedia based resources distrib-
uted through interactive, command and control, or
passive methods for the purpose of education and in-
struction;
‘‘(5) the term ‘interoperable’ means the ability
to exchange easily data with, and connect to, other
277
hardware and software in order to provide the great-
est accessibility for all students and other users;
‘‘(6) the term ‘regional educational laboratory’
means a regional educational laboratory supported
under section 941(h) of the Educational Research,
Development, Dissemination, and Improvement Act
of 1994;
‘‘(7) the term ‘State educational agency’ in-
cludes the Bureau of Indian Affairs for purposes of
serving schools funded by the Bureau of Indian Af-
fairs in accordance with this title; and
‘‘(8) the term ‘State library administrative
agency’ has the same meaning given to such term in
section 213 of the Library Services and Technology
Act.
‘‘SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) PART A—LONG-RANGE TECHNOLOGY PLAN
AND NATIONAL ACTIVITIES.—There are authorized to be
appropriated $450,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 4 succeeding
fiscal years to carry out part A.
‘‘(b) PART
B—TECHNOLOGY
INNOVATION
FOR
LEARNING.—There are authorized to be appropriated
$1,042,000,000 for fiscal year 2002, $1,212,000,000 for
fiscal year 2003, $1,382,000,000 for fiscal year 2004,
278
$1,552,000,000 for fiscal year 2005, and $1,722,000,000
for fiscal year 2006.
‘‘(c) PART C—GETTING OUR GIRLS READY FOR THE
21ST CENTURY ACT (GO-GIRL ACT).—There are author-
ized to be appropriated $50,000,000 for fiscal year 2002,
and such sums as may be necessary for each of the 4 suc-
ceeding fiscal years to carry out part C.
‘‘PART A—NATIONAL LONG-RANGE TECHNOLOGY
PLAN AND ACTIVITIES
‘‘SEC. 3111. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
‘‘(a) IN GENERAL.—The Secretary shall update, not
later than 1 year after the date of the enactment of the
Excellence and Accountability in Education Act, and up-
date subsequently when the Secretary determines appro-
priate, the national long-range plan (as such plan was in
existence prior to the date of the enactment of the Excel-
lence and Accountability in Education Act) that supports
the overall national technology policy and carries out the
purposes of this part. The Secretary shall disseminate
such plan to State educational agencies, local educational
agencies, the public, and other interested parties.
‘‘(b) PLAN REQUIREMENTS.—The Secretary shall—
‘‘(1) update the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners and
279
policymakers, experts in technology and the applica-
tions of technology to education, representatives of
distance learning consortia, and providers of tech-
nology services and products;
‘‘(2) transmit such plan to the President and to
the appropriate committees of the Congress; and
‘‘(3) publish such plan in a form that is readily
accessible to the public.
‘‘SEC. 3112. FEDERAL LEADERSHIP.
‘‘(a) PROGRAM AUTHORIZED.—The Secretary, in
consultation with the National Science Foundation, the
Department of Commerce, and other appropriate Federal
agencies, shall carry out activities designed to achieve the
purpose of this part directly or by awarding grants or con-
tracts competitively and pursuant to a peer review process
to, or entering into contracts with, State educational agen-
cies, local educational agencies, institutions of higher edu-
cation, or other public and private nonprofit or for-profit
agencies or organizations.
‘‘(b) ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary shall provide
assistance to the States to enable such States to
plan effectively for the use of technology in all
schools throughout the State.
280
‘‘(2) OTHER
FEDERAL
AGENCIES.—For the
purpose of carrying out coordinated or joint activi-
ties consistent with the purpose of this part, the
Secretary may accept funds from, and transfer
funds to, other Federal agencies.
‘‘(c) REQUIRED USES OF FUNDS.—The Secretary
shall use funds made available to carry out this section,
through grant or contract, for the following activities:
‘‘(1) Development or redesign of teacher prepa-
ration programs to enable prospective teachers to ef-
fectively use technology in their classrooms and inte-
grate it throughout their instructional practices.
‘‘(2) Creation or expansion of community tech-
nology centers in economically distressed urban and
rural communities that provide disadvantaged resi-
dents with access to information technology and re-
lated training.
‘‘(3) Development, production, and distribution
of educational and instructional video programming
by nonprofit entities (including a public tele-
communications entity) for preschool and elementary
school children and their parents.
‘‘(4) Development, for wide-scale adoption by
State educational agencies and local educational
agencies, of models of innovative and effective appli-
281
cations of technology to teaching and learning that
are aligned with challenging State academic content
and student performance standards.
‘‘(5) Providing school library media specialists
with professional development and acquisition of
school library media specialists.
‘‘(d) USES
OF FUNDS.—The Secretary may use
funds made available to carry out this section for one or
more of the following activities:
‘‘(1) Providing development grants to technical
assistance providers, to enable such providers to im-
prove substantially the services such providers offer
to educators on the educational uses of technology,
including professional development.
‘‘(2) Consulting with representatives of indus-
try, elementary and secondary education, higher
education, adult and family education, and appro-
priate experts in technology and educational applica-
tions of technology in carrying out activities under
this title.
‘‘(3) The development of a national repository
of information on the effective uses of educational
technology, including its use for sustained and inten-
sive, high-quality professional development, and the
nationwide dissemination of that information.
282
‘‘(4) Research on, and the development of, ap-
plications for education of the most advanced and
newly emerging technologies and such research shall
be coordinated, when appropriate, with the Office of
Educational Research and Improvement, and other
Federal agencies.
‘‘(5) The development, demonstration, and eval-
uation of the educational aspects of high perform-
ance computing and communications technologies
and of the national information infrastructure, in
providing professional development for teachers,
school librarians, and other educators; enriching aca-
demic curricula for elementary and secondary
schools; facilitating communications among schools,
local educational agencies, libraries, parents, and
local communities and in other such areas as the
Secretary deems appropriate.
‘‘(6) The development, demonstration, and eval-
uation of applications of technology and innovative
tools in preschool education, elementary and sec-
ondary education, vocational and professional train-
ing and lifelong learning, and professional develop-
ment of educational personnel.
‘‘(7) The development and evaluation of soft-
ware and other products, including multimedia tele-
283
vision programming, that incorporate advances in
technology and State content standards and State
student performance standards.
‘‘(8) The development, demonstration, and eval-
uation of model strategies for preparing teachers
and other personnel to use technology effectively to
improve teaching and learning.
‘‘(9) The development of model programs that
demonstrate the educational effectiveness of tech-
nology in urban and rural areas and economically
distressed communities.
‘‘(10) Research on, and the evaluation of, the
effectiveness and benefits of technology in education.
‘‘(11) A biennial assessment of, and report to
the public regarding, the uses of technology in ele-
mentary and secondary education throughout the
United States upon which private businesses and
Federal, State, tribal, and local governments may
rely for decisionmaking about the need for, and pro-
vision of, appropriate technologies in schools, and
such assessment and report shall use, to the extent
possible, existing information and resources.
‘‘(12) Conferences on, and dissemination of in-
formation regarding, the uses of technology in edu-
cation.
284
‘‘(13) The development of model strategies to
promote gender equity concerning access to, and the
use of, technology in the classroom.
‘‘(14) Encouraging collaboration between the
Department and other Federal agencies in the devel-
opment, implementation, evaluation and funding of
applications of technology for education, as appro-
priate.
‘‘(15) The development, demonstration, and
evaluation of model technology programs designed to
improve parental involvement.
‘‘(16) Other activities the Secretary determines
will meet the purpose of this title.
‘‘(e) NON-FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), the Secretary may require any recipient of
a grant or contract under this section to share in the
cost of the activities assisted under such grant or
contract, and such non-Federal share shall be an-
nounced through a notice in the Federal Register
and may be in the form of cash or in-kind contribu-
tions, fairly valued.
‘‘(2) INCREASE.—The Secretary may increase
the non-Federal share that is required of a recipient
of a grant or contract under this section after the
285
first year such recipient receives funds under such
grant or contract.
‘‘(3) MAXIMUM.—The non-Federal share re-
quired under this section shall not exceed 50 percent
of the cost of the activities assisted pursuant to a
grant or contract under this section.
‘‘PART B—STATE AND LOCAL TECHNOLOGY
INNOVATION FOR LEARNING
‘‘SEC. 3201. PURPOSE.
‘‘It is the purpose of this part to increase the capacity
of State and local educational agencies to improve student
achievement through the use and application of tech-
nology, particularly that of students in high-poverty, low-
performing schools, and the ability of teachers to integrate
technology across the curriculum, by supporting State and
local efforts that—
‘‘(1) make effective use of new technologies and
technology applications, networks, and electronic
learning resources;
‘‘(2) utilize research-based teaching practices
that are linked to advanced technologies;
‘‘(3) promote sustained and intensive, high-
quality professional development that enables teach-
ers to help students achieve to challenging State
content standards and assessments in core academic
286
subjects through the integration of educational tech-
nology into instruction;
‘‘(4) disseminate information to local edu-
cational agencies and schools about technology and
applications, including software, that are aligned to
challenging State content standards in core aca-
demic subjects; and
‘‘(5) develop standards and performance indica-
tors for students and teachers on the effective use
and integration of education technology into the core
academic curriculum and methods for measuring
program outcomes against indicators.
‘‘SEC. 3202. ALLOTMENT AND REALLOTMENT.
‘‘(a) ALLOTMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State educational agency shall be el-
igible to receive a grant under this part for a fiscal
year in an amount which bears the same relationship
to the amount made available under section
3005(b)(1) for such year as the amount such State
received under part A of title I for such year bears
to the amount received for such year under such
part by all States.
‘‘(2) MINIMUM.—No State educational agency
(including for purposes of this part, the Bureau of
287
Indian Affairs) shall be eligible to receive a grant
under paragraph (1) in any fiscal year in an amount
which is less than one-half of 1 percent of the
amount made available under section 3005(b)(1) for
such year, except that this minimum shall apply to
the aggregate of grants received under this part by
the outlying areas for a fiscal year.
‘‘(b) REALLOTMENT OF UNUSED FUNDS.—
‘‘(1) IN GENERAL.—The amount of any State
educational agency’s allotment under subsection (a)
for any fiscal year which the Secretary determines
will not be required for such fiscal year to carry out
this part shall be available for reallotment from time
to time, on such dates during such year as the Sec-
retary may determine, to other State educational
agencies in proportion to the original allotments to
such State educational agencies under subsection (a)
for such year, but with such proportionate amount
for any of such other State educational agencies
being reduced to the extent such amount exceeds the
sum the Secretary estimates such State needs and
will be able to use for such year.
‘‘(2) OTHER REALLOTMENTS.—The total of re-
ductions under paragraph (1) shall be similarly real-
288
lotted among the State educational agencies whose
proportionate amounts were not so reduced.
‘‘SEC. 3203. GRANT AWARDS.
‘‘(a) GRANTS TO STATES.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under section 3202, the Secretary, through the
Office of Educational Technology, shall award
grants to State educational agencies having applica-
tions approved under section 3204.
‘‘(2) USE OF GRANTS.—
‘‘(A) Each State educational agency that
receives a grant under paragraph (1) shall
use—
‘‘(i) not less than 95 percent of the
grant funds to award, on a competitive
basis, subgrants to eligible local applicants,
as defined in section 3207(1), for use in
creating learning environments designed to
prepare all students, including students
with disabilities or limited English pro-
ficiency, to achieve to challenging State
academic content and performance stand-
ards through the use of research-based
teaching practices, integration of tech-
nology into the curriculum and advanced
289
technologies for activities described in sec-
tion 3205; and
‘‘(ii) subject to subparagraph (C), the
remainder of the grant funds for adminis-
trative costs and technical assistance, and
the development and updating of the State
technology plan.
‘‘(B) In awarding grants under subpara-
graph (A)(i), each State educational agency
shall—
‘‘(i) ensure that each such grant is of
sufficient duration, and of sufficient size,
scope, and quality, to carry out the pur-
poses of this part effectively; and
‘‘(ii) shall give priority to an eligible
local applicant that is a partnership that
meets 
the 
requirements 
of 
section
3207(1)(B).
‘‘(C) From funds described in subpara-
graph (A)(i), a State educational agency may
use not more than 2 percent of the grant funds
received by that agency under this subpart to
provide planning subgrants to eligible local ap-
plicants in order to assist them to develop stra-
tegic long-term local technology plans that shall
290
be included in the application for a subgrant
under section 3206.
‘‘(b) TECHNICAL ASSISTANCE.—Each State edu-
cational agency receiving a grant under subsection (a)
shall—
‘‘(1) identify the local educational agencies in
the State educational agency that—
‘‘(A) have the highest number or percent-
age of children in poverty; and
‘‘(B) demonstrate to such State edu-
cational agency the greatest need for technical
assistance in developing the application under
section 3206; and
‘‘(2) offer technical assistance to such local edu-
cational agencies in—
‘‘(A) developing applications under section
3206;
‘‘(B) forming partnerships among the enti-
ties described in section 3206(1)(B); and
‘‘(C) meeting the standards and perform-
ance 
indicators 
as 
described 
in 
section
3204(a)(5).
‘‘SEC. 3204. STATE APPLICATION.
‘‘(a) IN GENERAL.—To receive funds under this part,
each State educational agency shall submit an application
291
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reason-
ably require. As part of its application, a State educational
agency shall submit a new or updated statewide edu-
cational technology plan. The plan shall demonstrate how
it will be coordinated with and support the State plan or
policies for comprehensive standards-based education re-
form, and shall describe—
‘‘(1) the State educational agency’s long-term
strategies for financing educational technology in the
State, including how the State educational agency
will use other sources of Federal and non-Federal
funds, including the E-rate, for this purpose;
‘‘(2) the State educational agency’s criteria for
identifying local educational agencies under section
3203(b)(1) and how the State educational agency
will report to the public the criteria to be used and
the outcome of the competition under section
3204(a)(2)(A)(i);
‘‘(3) the State educational agency’s specific
goals for using advanced technologies to improve
student achievement to challenging State academic
content and performance standards by—
292
‘‘(A) using web-based resources and tele-
communications networks to provide challenging
content and improve classroom instruction;
‘‘(B) using research-based teaching prac-
tices and models of effective uses of advanced
technology to promote basic skills in core aca-
demic areas and higher-order thinking skills in
all students; and
‘‘(C) promoting sustained and intensive
high-quality professional development that in-
creases teacher capacity to enable students to
learn to challenging State content and perform-
ance standards and develop higher-order think-
ing skills through the integration of technology
into instruction;
‘‘(4) the strategy of the State educational agen-
cy for disseminating information, or arranging for
other qualified entities with the appropriate experi-
ence to provide technical assistance, regarding soft-
ware and other technology applications that are
aligned to the content standards in core academic
subjects of the States;
‘‘(5) the State educational agency’s perform-
ance indicators for each of the strategies and goals
described in paragraphs (1) and (3) and included in
293
its plan, baseline performance data for the indica-
tors, a timeline for achieving the goals, and interim
measures of success toward achieving the goals;
‘‘(6) how the State educational agency will en-
sure that grants to eligible local applicants are of
sufficient size, scope, and quality to meet the pur-
poses of this part effectively;
‘‘(7) how the State educational agency will pro-
vide technical assistance to eligible local applicants,
and its capacity for providing such assistance;
‘‘(8) how the State educational agency will en-
sure that educational technology is accessible to and
usable by all students, including students with spe-
cial needs, such as students who have disabilities or
limited English proficiency;
‘‘(9) how the State educational agency will en-
sure the ongoing integration of technology across the
curriculum used by its local educational agencies and
schools in all such schools in the State by September
30, 2006; and
‘‘(10) how the State educational agency will
evaluate its activities under the plan as it relates to
its specific goals as described in paragraph (3), in-
cluding its impact on student achievement for all
294
students, and the ability of teachers to integrate
technology into the core academic curriculum.
‘‘(b) APPROVAL OF STATE EDUCATIONAL AGENCY
APPLICATION.—The Secretary shall review the application
of a State educational agency for assistance under this
part and shall approve the application, unless the Sec-
retary makes a determination in writing that such applica-
tion does not meet the specific requirements of this part
or does not show reasonable promise of achieving its goals.
‘‘SEC. 3205. LOCAL USES OF FUNDS.
‘‘Each eligible local applicant, having an approved ap-
plication under section 3206, shall, consistent with such
application, use funds made available under section
3203(a)(2)(A)(i) for one or more of the following activi-
ties:
‘‘(1)(A) Adapting or expanding existing and
new applications of technology to enable teachers to
help students to achieve to challenging State aca-
demic content and student performance standards
through the use of research-based teaching practices
and advanced technologies; and
‘‘(B) integrating technology across the cur-
riculum.
‘‘(2) Providing sustained and intensive, high-
quality professional development in the integration
295
of advanced technologies across the curriculum and
in using those technologies to create enriching learn-
ing environments, including training in the use of
technology to access data and resources to develop
curricula and instructional materials that are
aligned to the challenging State academic content
standards in core academic subjects.
‘‘(3) Enabling teachers to use the Internet to
communicate with other teachers, parents, and stu-
dents, and retrieve web-based learning resources.
‘‘(4) Using technology to enable teachers and
administrators to collect, manage, and analyze data
to identify strengths and weaknesses in academic
performance to improve school reform efforts.
‘‘(5) Acquiring wireless telecommunications,
hand-held devices, modeling or simulation tools, dis-
tance learning networks, and other advanced tech-
nologies with classroom applications.
‘‘(6) Acquiring proven and effective technology-
based curricular programs that will help students to
achieve to challenging State academic content and
student performance standards, including programs
that enable family and parental access to advanced
telecommunications, and support communications
between families, parents and schools.
296
‘‘(7) Acquiring proven and effective curricula
that includes integrated technology and are designed
to help students achieve challenging State academic
content and student performance standards.
‘‘(8) Acquiring wiring and access to advanced
telecommunications.
‘‘(9) Using web-based learning resources, in-
cluding those that provide access to challenging
courses such as Advanced Placement courses.
‘‘(10) Assisting schools to use technology to
promote parent and family involvement, and support
communications between family and school.
‘‘(11) Utilizing technology to develop or expand
efforts to connect schools and teachers with parents
to promote meaningful parental involvement and fos-
ter increased communication about curriculum, as-
signments, and assessments.
‘‘(12) Providing support to help parents under-
stand the technology being applied in their children’s
education so parents will be able to reinforce their
children’s learning.
‘‘(13) Other activities which are consistent with
the purpose of this part.
297
‘‘SEC. 3206. LOCAL APPLICATIONS.
‘‘Each eligible local applicant desiring assistance
from a State educational agency under this part shall sub-
mit an application, consistent with the objectives of the
systemic statewide plan, to the State educational agency
at such time, in such manner, and accompanied by such
information as the State educational agency may reason-
ably require. Such application, at a minimum, shall—
‘‘(1) include a strategic, long-range (3- to 5-
year) plan that includes—
‘‘(A) a description of how the applicant
plans to improve the achievement of all stu-
dents by—
‘‘(i) making effective use of new tech-
nologies, networks, and electronic learning
resources;
‘‘(ii) using research-based teaching
practices and models of effective uses of
advanced technology to promote basic skills
in core academic areas and higher-order
thinking skills;
‘‘(iii) promoting sustained and inten-
sive, high quality professional development
that increases teacher capacity to enable
students to learn to challenging State con-
tent and performance standards and de-
298
velop higher-order thinking skills through
the integration of technology into instruc-
tion; and
‘‘(iv) the steps that will be taken to
inform parents of the use of technologies
in their children’s education so that par-
ents will be able to reinforce at home the
instruction their children receive in school;
‘‘(B) an explanation of how the acquired
technologies will be integrated into the cur-
riculum to help the local educational agency
that is the eligible local applicant under section
3207(1)(A) or is a member of a partnership de-
scribed in section 3207(1)(B), enhance teach-
ing, training, and student achievement;
‘‘(C) a description of the applicant’s goals
regarding the use of educational technology
that are consistent with the performance indica-
tors of the State described under section
3204(a)(5), as well as the applicant’s baseline
data, timelines, benchmarks, and indicators of
success for meeting those goals;
‘‘(D) a description of how the applicant
will ensure sustained and intensive, high-quality
professional development for teachers, adminis-
299
trators, and other educational personnel to fur-
ther the effective use of technology in the class-
room and the integration of technology into in-
structional practices;
‘‘(E) a description of the administrative
and technical support that the applicant will
provide schools;
‘‘(F) the projected timetable for imple-
menting such plan in schools;
‘‘(G) the projected cost of technologies to
be acquired and related expenses needed to im-
plement such plan;
‘‘(H) a description of the applicant’s strat-
egy for financing its strategic, long-term local
technology plan, including the use of other Fed-
eral and non-Federal funds, and how the plan
will be coordinated with other technology initia-
tives;
‘‘(I) a description of how the applicant will
use advanced technology to promote commu-
nication between teachers for activities such
as—
‘‘(i) sharing examples of student
work;
300
‘‘(ii) developing instructional strate-
gies that promote basic skills in core aca-
demic areas and higher-order thinking
skills in all students;
‘‘(iii) developing challenging curricula
aligned with State or local standards; and
‘‘(iv) using data to improve teaching
and learning; and
‘‘(J) a description of how the applicant will
use technology to improve the teaching and
learning of students with special needs, such as
students with disabilities or limited English
proficiency;
‘‘(2) describe how the eligible local applicant
will involve parents, public libraries, business leaders
and community leaders in the development of the
plan described in paragraph (1);
‘‘(3) describe how the acquired instructionally
based technologies will help the local educational
agency that is the eligible local applicant under sec-
tion 3207(1)(A), or is a member of a partnership de-
scribed in section 3207(1)(B) and meets the require-
ments of section 3207(1)(A)—
‘‘(A) promote equity in education in order
to support State content standards and State
301
student performance standards that may be de-
veloped; and
‘‘(B) provide access for teachers, parents,
and students to the best teaching practices and
curriculum resources through technology;
‘‘(4) describe a process for the ongoing evalua-
tion of how technologies acquired under this
section—
‘‘(A) will be integrated into the school cur-
riculum and instructional practices of teachers
of the school; and
‘‘(B) will affect student achievement and
progress toward meeting any challenging State
content standards and State student perform-
ance standards that may be developed;
‘‘(5) describe how the applicant will use
subgrant funds to benefit low-performing schools in
integrating technology into the curriculum of such
schools;
‘‘(6) describe how the applicant will ensure that
technology is accessible to, and usable by, all stu-
dents, particularly students with disabilities or lim-
ited English proficiency;
‘‘(7) include an assurance that, before any
funds received under this part are used to acquire
302
wiring or access to advanced telecommunications,
the applicant will use all appropriate resources avail-
able to it through the E-Rate;
‘‘(8) describe how the eligible local applicant
will provide for an independent evaluation of the
program funded under this part and how such eval-
uation will be used for program improvement; and
‘‘(9) if the applicant is a partnership, describe
the members of the partnership, their respective
roles, and their respective contributions to improving
the capacity of the local educational agency.
‘‘SEC. 3207. DEFINITIONS.
‘‘For the purposes of this part—
‘‘(1) the term ‘eligible local applicant’ means
‘‘(A) a local educational agency that, as
determined by the State educational agency—
‘‘(i) is among the local educational
agencies in the State with the highest
numbers or percentages of children from
families with incomes below the poverty
line;
‘‘(ii) includes one or more low-per-
forming schools; and
303
‘‘(iii) has a substantial need for as-
sistance in acquiring and using technology;
or
‘‘(B) a partnership that includes at least 1
local educational agency that meets the require-
ments of subparagraph (A) and at least 1—
‘‘(i) local educational agency that can
demonstrate that teachers in schools
served by that agency are using technology
effectively in their classrooms;
‘‘(ii) institution of higher education in
full compliance with the reporting require-
ments of section 207(f) of the Higher Edu-
cation Act of 1965 and that has not been
identified by its State as low performing
under section 208 of such Act;
‘‘(iii) for-profit organization that de-
velops, designs, manufactures, or produces
technology products or services, or has
substantial expertise in the application of
technology; or
‘‘(iv) public or private non-profit orga-
nization with demonstrated experience in
the application of educational technology;
and
304
‘‘(2) the term ‘low-performing school’ means a
school identified by the local educational agency for
school improvement under section 1116(b) of this
Act.
‘‘PART C—GETTING OUR GIRLS READY FOR THE
21ST CENTURY (GO GIRL)
‘‘SEC. 3311. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Women have historically been underrep-
resented in mathematics, science, technology, and
engineering occupations.
‘‘(2) Female students take fewer high-level
mathematics and science courses in high school than
male students.
‘‘(3) Female students take far fewer advanced
computer classes than male students take and tend
to take only basic data entry and word processing
classes.
‘‘(4) Female students earn fewer baccalaureate,
masters, and doctoral degrees in mathematics,
science, technology, and engineering than male stu-
dents.
‘‘(5) Early career exploration is key to choosing
a career.
305
‘‘(6) Teachers’ attitudes, methods of teaching,
and classroom atmosphere affect female student’s in-
terest in nontraditional fields.
‘‘(7) Stereotypes about appropriate careers for
females, a lack of female role models, and a lack of
basic career information significantly deters girls’ in-
terest in mathematics, science, technology, and engi-
neering careers.
‘‘(8) Females consistently rate themselves sig-
nificantly lower than males in computer ability.
‘‘(9) In the coming years, 65 percent of the
economy will be based on information-technology.
‘‘(10) Limited access is a hurdle faced by fe-
males seeking jobs in mathematics, science, tech-
nology, and engineering.
‘‘(11) Common recruitment and hiring practices
make extensive use of traditional networks that
often overlook females.
‘‘SEC. 3312. PROGRAM AUTHORITY.
‘‘(a) IN GENERAL.—From funds provided under sec-
tion 3005(c), the Secretary is authorized to provide grants
to and enter into contracts or cooperative agreements with
local educational agencies on behalf of elementary and sec-
ondary schools to encourage the ongoing interest of girls
in science, mathematics, engineering, and technology and
306
to prepare girls to pursue undergraduate and graduate de-
grees and careers in science, mathematics, engineering, or
technology.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant, enter into a contract, or cooperative agree-
ment under this part, a local educational agency
shall submit an application to the Secretary at such
time, in such form, and containing such information
as the Secretary may reasonably require.
‘‘(2) CONTENTS.—The application referred to
in paragraph (1) shall contain, at a minimum, the
following:
‘‘(A) A specific program description, in-
cluding the content of the program and the re-
search and models used to design the program.
‘‘(B) A description of the collaboration be-
tween elementary and secondary schools to ful-
fill goals of the program.
‘‘(C) An explanation regarding the recruit-
ment and selection of participants.
‘‘(D) A description of the instructional and
motivational activities planned to be used.
‘‘(E) An evaluation plan.
307
‘‘SEC. 3313. ELEMENTARY SCHOOL PROGRAM.
‘‘(a) SELECTION.—Local educational agencies shall
select elementary schools to provide services that—
‘‘(1) encourage girls in grades 4 through 8 to
enjoy and pursue studies in science, mathematics,
engineering, and technology;
‘‘(2) acquaint girls in grades 4 through 8 with
careers in science, mathematics, engineering, and
technology; and
‘‘(3) educate the parents of girls in grades 4
through 8 about the difficulties faced by girls to
maintain an interest and desire to achieve in science,
mathematics, engineering, and technology and enlist
the help of the parents in overcoming these difficul-
ties.
‘‘(b) SERVICES.—Services provided under this section
shall include one or more of the following:
‘‘(1) Tutoring in reading, science, mathematics,
engineering, and technology.
‘‘(2) Mentoring relationships, both in-person
and through the Internet.
‘‘(3) Paying the costs of female students and
their teachers attending events and academic pro-
grams in science, mathematics, engineering, and
technology.
308
‘‘(4) Providing after-school activities designed
to encourage the interest of girls in grades 4 and
higher in science, mathematics, engineering, and
technology.
‘‘(5) Summer programs designed to encourage
interest, and develop skills, in science, mathematics,
engineering, and technology.
‘‘(6) Purchasing software designed for girls, or
designed to encourage girls’ interest in science,
mathematics, engineering, and technology.
‘‘(7) Offering field trips to locations that edu-
cate and encourage girls’ interest in science, mathe-
matics, engineering, and technology.
‘‘(8) Offering field trips to locations that ac-
quaint girls with careers in science, mathematics,
engineering, and technology.
‘‘(9) Purchasing and disseminating information
to parents of girls in grades 4 and higher that will
help parents to encourage their daughters’ interest
in science, mathematics, engineering, and tech-
nology.
‘‘SEC. 3314. SECONDARY SCHOOL PROGRAM.
‘‘(a) SELECTION.—Local educational agencies shall
select secondary schools to provide services that—
309
‘‘(1) encourage girls in grades 9 and higher to
major in science, mathematics, engineering, and
technology of a institution of higher education;
‘‘(2) provide academic advice and assistance in
high school course selection;
‘‘(3) encourage girls in grades 9 and higher to
plan for careers in science, mathematics, engineer-
ing, and technology; and
‘‘(4) educate the parents of girls in grades 9
and higher about the difficulties faced by girls to
maintain an interest in and desire to, achieve in
science, mathematics, engineering, and technology,
and enlist the help of the parents in overcoming
these difficulties.
‘‘(b) SERVICES.—Services provided under this section
shall include one or more of the following:
‘‘(1) Tutoring in science, mathematics, engi-
neering, and technology.
‘‘(2) Mentoring relationships, both in-person
and through the Internet.
‘‘(3) Paying the costs of female students and
their teachers attending events and academic pro-
grams in science, mathematics, engineering, and
technology.
310
‘‘(4) Paying up to 50 percent of the cost of an
internship in science, mathematics, engineering, or
technology for female students.
‘‘(5) Providing after-school activities designed
to encourage the interest of girls in grades 9 and
higher in science, mathematics, engineering, and
technology, including the cost of that portion of a
staff salary to supervise these activities.
‘‘(6) Providing summer programs designed to
encourage interest, and develop skills, in science,
mathematics, engineering, and technology.
‘‘(7) Purchasing software designed for girls, or
designed to encourage girls’ interest in science,
mathematics, engineering, and technology.
‘‘(8) Offering field trips to locations that edu-
cate and encourage girls’ interest in science, mathe-
matics, engineering, and technology.
‘‘(9) Offering field trips to locations that ac-
quaint girls with careers in science, mathematics,
engineering, and technology.
‘‘(10) Visits to institutions of higher education
to acquaint girls with college-level programs in
science, mathematics, engineering, or technology,
and to meet with educators and female college stu-
311
dents who will encourage them to pursue degrees in
science, mathematics, engineering, and technology.
TITLE IV—SAFE AND DRUG-FREE
SCHOOLS AND COMMUNITIES
SEC. 401. SAFE AND DRUG-FREE SCHOOLS AND COMMU-
NITIES.
Title IV (20 U.S.C. 7101 et seq.) is amended to read
as follows:
‘‘TITLE 
IV—SAFE 
AND 
DRUG-
FREE SCHOOLS AND COMMU-
NITIES
‘‘SEC. 4001. SHORT TITLE.
‘‘This title may be cited as the ‘Safe and Drug-Free
Schools and Communities Act’.
‘‘SEC. 4002. FINDINGS.
‘‘Congress finds the following:
‘‘(1) It is essential for schools to provide a
drug-free, safe, and orderly learning environment for
all students, if all students are to live healthy lives
and achieve to high academic standards.
‘‘(2) Student drug use, alcohol and tobacco, and
school violence are serious educational and public
health concerns.
‘‘(3) Safe and Drug-Free Schools and Commu-
nities programs are most likely to be effective when
312
they are based on a thorough assessment of objective
data about the drug and violence problems in schools
and communities, are designed to meet measurable
goals and objectives, are based on sound research or
evaluation findings, and are evaluated regularly and
held accountable for results.
‘‘(4) Safe and Drug-Free Schools and Commu-
nities program resources should be targeted at the
local level to projects in areas that demonstrate need
for the funds, have developed the best strategic
plans for using the funds, and are committed to
being accountable for results.
‘‘(5) Alternative education, for children who
have been suspended or expelled from school, is vital
to improving the safety of schools and communities,
and ensuring continued educational opportunity.
‘‘SEC. 4003. PURPOSE.
‘‘The purpose of this title is to support programs that
prevent violence in and around schools and the illegal use
of alcohol, tobacco, and drugs; involve parents; and are
coordinated with related Federal, State, and community
efforts and resources, through the provision of Federal as-
sistance to—
‘‘(1) States for grants to local educational agen-
cies and educational service agencies and consortia
313
of such agencies to establish, operate, and improve
local programs of school drug and violence preven-
tion, early intervention, rehabilitation referral, and
education in elementary and secondary schools (in-
cluding intermediate and junior high schools);
‘‘(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit agencies and organizations for pro-
grams of drug and violence prevention, early inter-
vention, rehabilitation referral, and education;
‘‘(3) States for development, training, technical
assistance, and coordination activities;
‘‘(4) public and private nonprofit organizations
to conduct training, demonstrations, and evaluation,
and to provide supplementary services for the pre-
vention of drug use and violence among students
and youth; and
‘‘(5) institutions of higher education to estab-
lish, operate, expand, and improve programs of
school drug and violence prevention, education, and
rehabilitation referral for students enrolled in col-
leges and universities.
‘‘SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated—
314
‘‘(1) $500,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the 4
succeeding fiscal years, for State grants under sub-
part 1 of part A;
‘‘(2) $200,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the 4
succeeding fiscal years, for national programs under
subpart 2 of part A;
‘‘(3) $200,000,000 for fiscal year 2002, and
such sums as may be necessary for each of the 4
succeeding fiscal years to carry out part B related
to alternative education;
‘‘(4) $1,300,000,000 for fiscal year 2002,
$1,623,000,000 
for 
fiscal 
year 
2003,
$2,537,000,000 
for 
fiscal 
year 
2004,
$3,452,000,000 
for 
fiscal 
year 
2005, 
and
$4,366,000,000 for fiscal year 2006 to carry out
part C related to reserve staff for students; and
‘‘(5) $100,000,000 for fiscal year 2002 and
such sums as may be necessary for the 4 succeeding
fiscal years to carry out part D related to Technical
Assistance.
315
‘‘PART A—STATE GRANTS FOR DRUG AND
VIOLENCE PREVENTION PROGRAMS
‘‘Subpart 1—State Grants for Drug and Violence
Prevention Programs
‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.
‘‘(a) RESERVATIONS.—From the amount made avail-
able under section 4004(1) to carry out this subpart for
each fiscal year, the Secretary—
‘‘(1) shall reserve 1 percent of such amount for
grants under this subpart to Guam, American
Samoa, the Virgin Islands, and the Commonwealth
of the Northern Mariana Islands, to be allotted in
accordance with the Secretary’s determination of
their respective needs;
‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian youth;
‘‘(3) may reserve not more than $2,000,000 for
the national evaluation activities required by section
4117(a); and
‘‘(4) shall reserve 0.2 percent of such amount
for programs for Native Hawaiians under section
4118.
‘‘(b) STATE ALLOTMENTS.—
316
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall, for each fiscal year,
allocate among the States—
‘‘(A) 1⁄2 of the remainder not reserved
under subsection (a) according to the ratio be-
tween the school-aged population of each State
and the school-aged population of all the States;
and
‘‘(B) 1⁄2 of such remainder according to
the ratio between the amount each State re-
ceived under part A of title I for the preceding
year and the sum of such amounts received by
all the States.
‘‘(2) MINIMUM.—For any fiscal year, no State
shall be allotted under this subsection an amount
that is less than one-half of 1 percent of the total
amount allotted to all the States under this sub-
section.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within 2 years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
317
‘‘(4) DEFINITIONS.—For the purposes of this
subsection—
‘‘(A) the term ‘State’ means each of the 50
States, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
‘‘(B) the term ‘local educational agency’
includes educational service agencies and con-
sortia of such agencies.
‘‘SEC. 4112. STATE APPLICATION.
‘‘(a) STATE APPLICATION.—In order to receive an al-
lotment under section 4111(b) for any fiscal year, a State
shall submit to the Secretary, at such time and in such
manner as the Secretary may require, a 5-year application
that—
‘‘(1) is submitted jointly by the Governor and
the State educational agency of the State;
‘‘(2) contains a description of how funds under
this part will be coordinated with other programs
under this Act and with other Federal education and
drug prevention programs;
‘‘(3) contains a comprehensive plan for the use
of funds by the State educational agency and the
Governor to provide safe, orderly, and drug-free
school environments that includes—
318
‘‘(A) the results of the State’s needs as-
sessment for drug and violence-prevention pro-
grams, which shall be based on the results of
ongoing State evaluation activities and include
data on the prevalence of drug use and violence
by youth in schools and communities in the
State;
‘‘(B) a list of the State’s results-based per-
formance measures for drug and violence pre-
vention, which shall—
‘‘(i) be focused on student behavior
and attitudes and derived from the needs
assessment;
‘‘(ii) be selected from a core set of in-
dicators that the Secretary shall develop in
consultation with State and local officials;
‘‘(iii) include targets and due dates
for the attainment of these indicators;
‘‘(iv) include a description of the pro-
cedures the State will use to inform local
educational agencies of the State’s results-
based performance measures for drug and
violence prevention for assessing and pub-
licly reporting progress toward meeting
319
these indicators, or revising them as need-
ed;
‘‘(v) include a description of how the
procedures described in subparagraph (C)
and subparagraph (D) will support the
achievement of the State’s results-based
performance measures; and
‘‘(vi) incorporate each of the prin-
ciples of effectiveness;
‘‘(C) a description of the procedures the
Governor will use to award funds to eligible ap-
plicants on a competitive basis consistent with
section 4115, including—
‘‘(i) the criteria the Governor will use
to assess the relative quality of applica-
tions and demonstrated need for funding
of eligible applicants;
‘‘(ii) the peer review process the Gov-
ernor will use to review applications;
‘‘(iii) how those funds will be used for
community resources and activities that
support local educational agency programs
to create drug-free, safe, and disciplined
learning environments in, and passageways
to and from, schools; and
320
‘‘(iv) how the Governor will ensure
that the geographic distribution of awards
reflects the diversity of local educational
agencies in the State;
‘‘(D) a description of how the State edu-
cational agency and Governor will use the funds
reserved under sections 4113(b) and 4115(c)
for coordinated capacity-building and technical
assistance and program accountability services
and activities at the State and local levels, in-
cluding how the State educational agency and
Governor will coordinate their activities with
law enforcement, health, mental health, and
education programs and officials at the State
and local levels;
‘‘(E) a description of how the State edu-
cational agency and the Governor will monitor
local programs and provide corrective action if
necessary; and
‘‘(F) a description of how the State edu-
cational agency will ensure that local edu-
cational agencies not receiving funds under this
part will be provided technical assistance to im-
prove their programs;
321
‘‘(4) contains assurances that the application
was developed in consultation and coordination with
appropriate State officials, including the head of the
State alcohol and drug abuse agency, the heads of
the State health and mental health agencies, the
head of the State criminal justice planning agency,
the head of the State child welfare agency, the head
of the State board of education, or their designees,
and representatives of parents, students, and com-
munity-based organizations; and
‘‘(5) contains an assurance that the State will
cooperate with, and assist, the Secretary in con-
ducting the national impact evaluation of programs
required by section 4117(a).
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing State applications under this
section.
‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PRO-
GRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an amount equal to 85 percent of the
total amount allocated to a State under section
4111(b) for each fiscal year shall be used by the
State educational agency and its local educational
322
agencies for drug and violence prevention activities
in accordance with this section.
‘‘(2) EXCEPTION.—
‘‘(A) If a State had, on or before January
1, 1994, established an independent State agen-
cy for the purpose of administering all of the
funds described in section 5121 of this Act (as
such section was in effect on the day preceding
the date of the enactment of the Improving
America’s Schools Act of 1994), then—
‘‘(i) an amount equal to 85 percent of
the total amount allocated to such State
under section 4111 for each fiscal year
shall be used by the State educational
agency and its local educational agencies
for drug and violence prevention activities
in accordance with this section; and
‘‘(ii) an amount equal to 15 percent of
such total amount shall be used by such
independent State agency for drug and vio-
lence prevention activities in accordance
with this section.
‘‘(B) Not more than 5 percent of the
amount reserved under subparagraph (A)(ii)
may be used for administrative costs of the
323
independent State agency incurred in carrying
out the activities described in such subpara-
graph.
‘‘(C) For the purposes of this paragraph,
the term independent State agency means an
independent agency with a board of directors or
a cabinet level agency whose chief executive of-
ficer is appointed by the chief executive officer
of the State and confirmed with the advice and
consent of the Senate of such State.
‘‘(b) STATE LEVEL ACTIVITIES.—
‘‘(1) IN GENERAL.—A State educational agency
may use not more than 5 percent of the amount
available under subsection (a) for activities such
as—
‘‘(A) training and technical assistance con-
cerning drug and violence prevention for local
educational agencies and educational service
agencies, including teachers, administrators,
coaches and athletic directors, other staff, par-
ents, students, community leaders, health serv-
ice providers, local law enforcement officials,
and judicial officials;
‘‘(B) the development, identification, dis-
semination, and evaluation of the most readily
324
available, accurate, and up-to-date curriculum
materials with a solid research base, for consid-
eration by local educational agencies;
‘‘(C) making available to local educational
agencies cost effective programs for youth vio-
lence and drug abuse prevention;
‘‘(D) demonstration projects in drug and
violence prevention;
‘‘(E) training, technical assistance, and
demonstration projects to address violence asso-
ciated with prejudice and intolerance;
‘‘(F) financial assistance to enhance re-
sources available for drug and violence preven-
tion in areas serving large numbers of economi-
cally disadvantaged children or sparsely popu-
lated areas, or to meet other special needs con-
sistent with the purposes of this title;
‘‘(G) developing and implementing strate-
gies and programs to greatly reduce the inci-
dence of sexual harassment and abuse and to
encourage positive and respectful interactions
between girls and boys; and
‘‘(H) the evaluation of activities carried
out within the State under this part.
325
‘‘(2) SPECIAL
RULE.—A State educational
agency may carry out activities under this subsection
directly, or through grants or contracts with commu-
nity based organizations, institutions of higher edu-
cation and other public and private non-profit enti-
ties.
‘‘(c) STATE ADMINISTRATION.—A State educational
agency may use not more than 3 percent of the amount
reserved under subsection (a) for the administrative costs
of carrying out its responsibilities under this part.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—
‘‘(1) IN GENERAL.—A State educational agency
shall distribute not less than 92 percent of the
amount made available under subsection (a) for each
fiscal year to local educational agencies in accord-
ance with this subsection.
‘‘(2) DISTRIBUTION.—
‘‘(A) Of the amount distributed under
paragraph (1), a State educational agency shall
distribute—
‘‘(i) 70 percent of such amount to
local educational agencies, based on the
relative enrollments in public and private
nonprofit 
elementary 
and 
secondary
326
schools within the boundaries of such
agencies; and
‘‘(ii) 30 percent of such amount to
local educational agencies that the State
educational agency determines have the
greatest need for additional funds to carry
out drug and violence prevention programs
authorized by this subpart.
‘‘(B) Where appropriate and to the extent
consistent with the needs assessment conducted
by the State, not less than 25 percent of the
amount distributed under subparagraph (A)(ii)
for a fiscal year shall be distributed to local
educational agencies located in rural and urban
areas.
‘‘(C)(i) A State educational agency shall
distribute funds under subparagraph (A)(ii) to
not more than 10 percent of the local edu-
cational agencies in the State, or 5 such agen-
cies, whichever is greater.
‘‘(ii) In determining which local edu-
cational agencies have the greatest need for ad-
ditional funds under subparagraph (A)(ii), the
State educational agency shall consider objec-
tive data such as—
327
‘‘(I) high rates of alcohol or drug use
among youth;
‘‘(II) high rates of victimization of
youth by violence and crime;
‘‘(III) high rates of arrests and con-
victions of youth for violent or drug- or al-
cohol-related crime;
‘‘(IV) the extent of illegal gang activ-
ity;
‘‘(V) high incidence of violence associ-
ated with prejudice and intolerance;
‘‘(VI) high rates of referrals of youths
to drug and alcohol abuse treatment and
rehabilitation programs;
‘‘(VII) high rates of referrals of
youths to juvenile court;
‘‘(VIII) high rates of expulsions and
suspensions of students from schools; and
‘‘(IX) high rates of reported cases of
child abuse and domestic violence.
‘‘(D) SPECIAL
RULE, MINIMUM
GRANT
AMOUNTS.—
‘‘(i) Except as provided in clause (ii),
a local educational agency shall not receive
an allocation under this subsection unless
328
the amount allocated to such agency under
this subsection is greater than $5,000. A
local educational agency may enter into a
consortium with other local educational
agencies for the purposes of meeting the
minimum allocation requirement of this
clause.
‘‘(ii) WAIVER.—The State educational
agency shall waive the requirement of
clause (i) in any case in which the local
educational agency demonstrates that it is
unable to enter into a consortium for the
purposes of carrying out activities under
this part.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
allocated to such agency under subsection (d), does not
meet the requirements of subsection (d)(2)(D) and does
not form a consortium, or if such agency’s application
under section 4115 is disapproved by the State edu-
cational agency, the State educational agency shall reallo-
cate such amount to one or more of the local educational
agencies determined by the State educational agency
under subsection (d)(2)(A)(ii) to have the greatest need
for additional funds.
329
‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL
AGENCY; REALLOCATION.—
‘‘(1) RETURN.—Except as provided in para-
graph (2), upon the expiration of the 1-year period
beginning on the date that a local educational agen-
cy or educational service agency under this title re-
ceives its allocation under this title—
‘‘(A) such agency shall return to the State
educational agency any funds from such alloca-
tion that remain unobligated; and
‘‘(B) the State educational agency shall re-
allocate any such amount to local educational
agencies or educational service agencies that
have plans for using such amount for programs
or activities on a timely basis.
‘‘(2) REALLOCATION.—In any fiscal year, a
local educational agency, may retain for obligation in
the succeeding fiscal year—
‘‘(A) an amount equal to not more than 25
percent of the allocation it receives under this
title for such fiscal year; or
‘‘(B) upon a demonstration of good cause
by such agency or consortium, a greater
amount approved by the State educational
agency.
330
‘‘SEC. 4114. LOCAL DRUG AND VIOLENCE PREVENTION PRO-
GRAMS.
‘‘(a) PRINCIPLES OF EFFECTIVENESS.—Each local
educational agency that receives a subgrant under section
4113(c) shall use those funds to support research-based
drug- and violence-prevention services and activities that
are consistent with the principles of effectiveness described
in section 4119 and the purpose of this title, such as—
‘‘(1) staff training and development;
‘‘(2) parental involvement and training;
‘‘(3) community involvement activities;
‘‘(4) law enforcement and security activities
that are related to school safety and drug use;
‘‘(5) creating and maintaining safe zones of
passage to and from school to prevent violence and
drug trafficking;
‘‘(6) counseling, mentoring, and referral serv-
ices, and other student assistance programs;
‘‘(7) before- and after-school programs;
‘‘(8) alternative education programs for those
students who have been expelled from their regular
education programs;
‘‘(9) programs to assist students to reenter the
regular education program upon return from treat-
ment or alternative education settings;
331
‘‘(10) services and activities that reduce the
need for suspension and expulsion in maintaining
classroom order and school discipline;
‘‘(11) services and activities to prevent and re-
duce truancy;
‘‘(12) teaching students about the risks and
consequences associated with handling firearms that
enabling them to make safe choices and avoid injury
to themselves and others;
‘‘(13) age-appropriate, developmentally based
violence prevention and education programs for all
students, from the preschool level through grade 12,
that address the legal, health, personal, and social
consequences of violent and disruptive behavior, in-
cluding sexual harassment and abuse, and victimiza-
tion associated with prejudice and intolerance, and
that include activities designed to help students de-
velop a sense of individual responsibility and respect
for the rights of others, and to resolve conflicts with-
out violence;
‘‘(14) age-appropriate, developmentally based or
community-oriented safety programs for all students,
from the preschool level through grade 12, that ad-
dress prevention and education of child abuse and
abduction, including—
332
‘‘(A) teaching students the skills to iden-
tify, avoid if possible, and cope with potentially
dangerous or threatening situations that may
include abduction, abuse, or neglect; and
‘‘(B) providing guidance to students that
encourages students to seek advice for anxiety,
threats of abuse, or actual abuse and to confide
in a trusted adult regarding an uncomfortable
or threatening situation;
‘‘(15) activities designed to prevent hate crimes
and strengthen tolerance and understanding;
‘‘(16) activities to greatly reduce the incidence
of sexual harassment and abuse;
‘‘(17) activities to increase the safety of chil-
dren going to and from school, including those that
improve pedestrian and bicyclist safety; and
‘‘(18) other activities that are consistent with
the purposes of this title.
‘‘(b) LIMITATION.—A local educational agency may
not use more that 20 percent of its subgrant for the acqui-
sition or use of metal detectors and security personnel un-
less it demonstrates in its application under section 4116
to the satisfaction of the State educational agency that
it has a compelling need to do so.
333
‘‘(c) SCHOOL PROTECTION.—Each local educational
agency, or consortium of such agencies, that receives a
subgrant under section 4113(c) and has reported expul-
sions under part F during the past 3 years shall develop
a program with local law enforcement agencies to protect
students and employees of public schools against gun vio-
lence that includes promoting the benefits of child safety
locks for firearms.
‘‘SEC. 4115. GOVERNORS PROGRAMS.
‘‘(a) USE OF FUNDS.—
‘‘(1) IN
GENERAL.—An amount equal to 15
percent of the total amount allocated to a State
under section 4111(b) for each fiscal year shall be
used by the chief executive officer of such State for
drug and violence prevention programs and activities
in accordance with this section.
‘‘(2) LAW
ENFORCEMENT
EDUCATION
PART-
NERSHIPS.—A chief executive officer shall use not
less than 10 percent of the 15 percent of the total
amount described in paragraph (1) for each fiscal
year for law enforcement education partnerships in
accordance with subsection (d).
‘‘(3) ADMINISTRATIVE COSTS.—A chief execu-
tive officer may use not more than 20 percent of the
total amount described in paragraph (1) for the ad-
334
ministrative costs incurred in carrying out the duties
of such officer under this section.
‘‘(b) PROGRAMS AUTHORIZED.—
‘‘(1) IN
GENERAL.—A chief executive officer
shall use funds made available under subsection (a)
for competitive grants to or contracts with parent
groups, community action and job training agencies,
community-based organizations, and other public en-
tities and private nonprofit organizations and con-
sortia thereof to support community efforts that di-
rectly complement the efforts of local educational
agencies to foster drug-free, safe, and orderly learn-
ing environments in and around schools. In making
such grants and contracts, a chief executive officer
shall give priority to programs and activities de-
scribed in subsection (c) for—
‘‘(A) children and youth who are not nor-
mally served by State or local educational agen-
cies; or
‘‘(B) populations that need special services
or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway
or homeless children and youth, pregnant and
parenting teenagers, and school dropouts).
335
‘‘(2) PEER
REVIEW.—Grants or contracts
awarded under this subsection shall be subject to a
peer review process.
‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con-
tracts under subsection (b) shall be used for programs and
activities that are consistent with the principles of effec-
tiveness described under section 4119, such as—
‘‘(1) disseminating information about drug and
violence prevention;
‘‘(2) training parents, law enforcement officials,
judicial officials, social service providers, health serv-
ice providers and community leaders about drug and
violence prevention, comprehensive health education,
early intervention, pupil services, or rehabilitation
referral;
‘‘(3) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with
schools and integrate services involving education,
vocational and job skills training and placement, law
enforcement, health, mental health, community serv-
ice, mentoring, and other appropriate services;
‘‘(4) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
336
of State agencies with efforts of the State edu-
cational agency and its local educational agencies;
‘‘(5) activities to protect students traveling to
and from school, including pedestrian and bicycle
safety education;
‘‘(6) before-and-after school recreational, in-
structional, cultural, and artistic programs that en-
courage drug- and violence-free lifestyles;
‘‘(7) activities that promote the awareness of
and sensitivity to alternatives to violence through
courses of study that include related issues of intol-
erance and hatred in history;
‘‘(8) developing and implementing activities to
prevent and reduce violence associated with preju-
dice and intolerance;
‘‘(9) developing and implementing strategies to
prevent illegal gang activity;
‘‘(10) coordinating and conducting community-
wide violence and safety assessments and surveys;
‘‘(11) service-learning projects that encourage
drug- and violence-free lifestyles; and
‘‘(12) evaluating programs and activities as-
sisted under this section.
‘‘(d) LAW ENFORCEMENT EDUCATION PARTNER-
SHIPS.—A chief executive officer shall use funds under
337
subsection (a)(2) to award grants to State, county, or local
law enforcement agencies (including district attorneys) in
consortium with local educational agencies or community-
based agencies for the purpose of carrying out drug abuse
and violence prevention activities, such as—
‘‘(1) Project Drug Abuse Resistance Education
and other programs which provide classroom instruc-
tion by uniformed law enforcement officials that is
designed to teach students to recognize and resist
pressures to experiment that influence such children
to use controlled substances or alcohol;
‘‘(2) Project Legal Lives and other programs in
which district attorneys provide classroom instruc-
tion in the law and legal system which emphasizes
interactive learning techniques, such as mock trial
competitions;
‘‘(3) partnerships between law enforcement and
child guidance professionals; and
‘‘(4) before- and after-school activities.
‘‘SEC. 4116. LOCAL APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—
‘‘(1) IN GENERAL.—In order to be eligible to
receive a subgrant under section 4113(d) or section
4115 for any fiscal year, an applicant shall submit,
at such time and including such information as the
338
State educational agency or Governor, as applicable,
requires, an application to the State educational
agency or Governor, as applicable for approval. Such
an application shall be amended, as necessary, to re-
flect changes in the applicant’s program.
‘‘(2) APPLICATION PROCESS.—
‘‘(A) Applications for subgrants from enti-
ties other than local educational agencies, under
section 4115 shall be developed in consultation
with the schools or local educational agencies to
be served and, to the extent practicable, with
the representatives described in subparagraph
(B).
‘‘(B) An application from local educational
agencies for subgrants shall be developed in
consultation with a local or substate regional
advisory council that includes, to the extent
possible, representatives of local government,
business, parents, students, teachers, pupil
services personnel, appropriate State agencies,
private schools, the medical profession, law en-
forcement, community-based organizations, and
other groups with interest and expertise in drug
and violence prevention.
339
‘‘(b) CONTENTS OF APPLICATIONS.—(1) An applica-
tion under this section shall contain—
‘‘(A) the results of the applicant’s needs assess-
ment concerning the creation and maintenance of a
drug-free, safe, and orderly school environment and
include data on the prevalence of drug use and vio-
lence by youth in the schools and communities to be
served;
‘‘(B) a description of how the applicant will tar-
get services and activities on the communities,
schools, and students with the greatest need for as-
sistance in creating and maintaining drug-free, safe,
and orderly learning environments;
‘‘(C) the applicant’s results-based performance
measures for creating and maintaining a drug-free,
safe, and orderly learning environment, which shall
be focused on student behavior and attitudes, and
include annual targets for each performance meas-
ure;
‘‘(D) a description of the procedures the appli-
cant will use to assess and publicly report progress
toward meeting its performance indicators;
‘‘(E) a description of how—
‘‘(i) the applicant will use the funds to be
awarded and how the activities it will support
340
with those funds address the needs identified
under subparagraph (A) and the performance
measures identified under subparagraph (C);
and
‘‘(ii) if the applicant is a local educational
agency, how those activities are consistent with
the Safe and Drug-Free Schools plan under
paragraph (2)(D) or another existing school
plan related to safe, disciplined, and drug-free
environments;
‘‘(F) a description of how the applicant will co-
ordinate its activities with local, State, and Federal
law enforcement, health, mental health, and edu-
cation officials;
‘‘(G) a description of the applicant’s plan for
evaluating its project; and
‘‘(H) any other information the State edu-
cational agency or Governor, as applicable, may re-
quire to review application’s, and award subgrants,
based on the applicants need for assistance and the
quality of the application.
‘‘(2) Each applicant for a subgrant under this section
shall also include in its application an assurance that it—
341
‘‘(A) has a policy, consistent with State law and
the Gun-Free Schools Act, that requires the expul-
sion of students who possess a firearm at school;
‘‘(B) has, or will have, a full-or part-time pro-
gram coordinator whose primary responsibility is
planning, designing, implementing, and evaluating
the applicant’s programs (unless the applicant dem-
onstrates in its application, to the satisfaction of the
State educational agency, that such a program coor-
dinator is not needed);
‘‘(C) will evaluate its program every 2 years to
assess its progress toward meeting its goals and ob-
jectives, and will use the results of its evaluation to
improve its program and refine its goals and objec-
tives, as needed; and
‘‘(D) has, or the schools to be served have, a
comprehensive Safe and Drug-Free Schools plan
that includes—
‘‘(i) appropriate and effective discipline
policies that prohibit disorderly conduct, the
possession of firearms and other weapons, and
the illegal use, possession, distribution, and sale
of tobacco, alcohol, and other drugs by stu-
dents, and that mandate predetermined con-
342
sequences, sanctions, or interventions for spe-
cific offenses;
‘‘(ii) security procedures at school and
while students are on the way to and from
school, which may include the use of metal de-
tectors and the development and implementa-
tion of formal agreements with law enforcement
officials;
‘‘(iii) early intervention and prevention ac-
tivities of demonstrated effectiveness designed
to create and maintain safe, disciplined, and
drug-free environments;
‘‘(iv) school readiness and family involve-
ment activities;
‘‘(v) improvements to classroom manage-
ment and school environment, such as efforts to
reduce class size or improve classroom dis-
cipline;
‘‘(vi) procedures to identify and intervene
with troubled students, including establishing
linkages with, and referring students to, juve-
nile justice, community mental health, and
other service providers;
‘‘(vii) activities that connect students to re-
sponsible adults in the community, including ac-
343
tivities such as after-school or mentoring pro-
grams; and
‘‘(viii) a crisis management plan for re-
sponding to violent or traumatic incidents on
school grounds, which provides for addressing
the needs of victims, and communicating with
parents, the media, law enforcement officials,
and mental health service providers.
‘‘(3) Each applicant for a subgrant under section
4115 shall also include in its application—
‘‘(A) a description of how the services and ac-
tivities to be supported will be coordinated with rel-
evant programs under this part that are supported
by State educational agencies, including how recipi-
ents will share resources, services, and data;
‘‘(B) a description of how the applicant will co-
ordinate its activities under this part with those im-
plemented under the Drug-Free Communities Act, if
any; and
‘‘(C)(i) an assurance that it will evaluate its
program every 2 years to assess its progress toward
meeting its goals and objectives, and will use the re-
sults of its evaluation to improve its program and
refine its goals and objectives as needed, if the appli-
cant is not a local educational agency; or
344
‘‘(ii) the assurance under paragraph (2) if the
applicant is a local educational agency.
‘‘(c) REVIEW OF APPLICATION.—
‘‘(1) IN GENERAL.—In reviewing local applica-
tions under this section—
‘‘(A) a State educational agency shall use
a peer review process or other methods of as-
suring the quality of such applications; and
‘‘(B) Governors may use a peer review
process or other methods that ensure that ap-
plications are funded and approved on the basis
of need and quality.
‘‘(2) CONSIDERATIONS.—
‘‘(A) In determining whether to approve
the application of a local educational agency
under this section, a State educational agency
shall consider the quality of the local edu-
cational agency’s comprehensive plan under
subsection (b)(2).
‘‘(B) A State educational agency may dis-
approve a local educational agency’s application
under this section in whole or in part and may
withhold, limit, or place restrictions on the use
of funds allotted to such a local educational
agency in a manner the State educational agen-
345
cy determines will best promote the purpose of
this title, except that a local educational agency
shall be afforded an opportunity to appeal any
such disapproval.
‘‘SEC. 4117. NATIONAL EVALUATIONS AND DATA COLLEC-
TIONS.
‘‘(a) NATIONAL EVALUATIONS.—
‘‘(1) The Secretary shall provide for periodic
national evaluations, at least every 2 years, of the
quality and impact of programs under this title and
other programs designed to prevent drugs and vio-
lence in schools and submit a report of the findings
of such evaluations to the President and Congress.
‘‘(2)(A) The National Center for Education
Statistics shall collect data for the following pur-
poses:
‘‘(i) To determine the frequency, serious-
ness, and incidence of drug use by youth in
schools and communities in the States using, if
appropriate, data submitted by the States pur-
suant to subsection (b).
‘‘(ii) To determine the frequency, degree of
harm, and morbidity of violent incidents, par-
ticularly firearm-related injuries and fatalities,
346
by youth in schools and communities in the
States, including information with respect to—
‘‘(I) the relationship between victims
and perpetrators;
‘‘(II) demographic characteristics of
victims and perpetrators; and
‘‘(III) type and characteristic of the
firearm used in the shooting.
‘‘(B) The Secretary shall report to Con-
gress on the data collected under this para-
graph, together with such recommendations as
the Secretary determines appropriate.
‘‘(3) The Secretary shall publish annual reports
on school safety.
‘‘(b) STATE REPORTS.—
‘‘(1) The Governor and State educational agen-
cy of each State shall annually report to the Sec-
retary, in such form as the Secretary may require,
on the State’s progress toward attaining its perform-
ance 
indicators, 
required 
under 
section
4112(a)(1)(B), for achieving drug-free, safe, and or-
derly learning environments in its schools. Annual
reports shall—
‘‘(A) be based on the State’s ongoing eval-
uation activities;
347
‘‘(B) include data on the prevalence and
incidence of drug use and violence by youth in
schools and communities;
‘‘(C) address the implementation and out-
comes of State and local programs under this
part, as well as their effectiveness; and
‘‘(D) be made readily available to the pub-
lic.
‘‘(2) Each State shall report to the Secretary,
in such form as the Secretary, in consultation with
the Secretary of Health and Human services, may
require, all school-related suicides and homicides
within the State not later than 30 days after the in-
cident.
‘‘(c) LOCAL REPORTS.—
‘‘(1)(A) Each local educational agency that re-
ceives a subgrant under section 4113(d) shall report
annually to the State educational agency and the
public on—
‘‘(i) the local educational agency’s
progress toward meeting its results-based
performance indicators for its program;
‘‘(ii) the results of its on-going evalua-
tion of its program; and
348
‘‘(iii) any problems the local edu-
cational agency has encountered in imple-
menting its program that warrant the pro-
vision of technical assistance by the State
educational agency.
‘‘(B)(i) The State educational agency shall
review the annual reports described under para-
graph (1) and shall not provide funding for the
second or third year of a local educational agen-
cy’s program unless it determines that the local
educational 
agency 
is 
making 
reasonable
progress toward meeting its objectives.
‘‘(ii) Before the denial of funding under
clause (i) a local educational agency shall be af-
forded an opportunity to a hearing.
‘‘(2)(A) Each recipient of funds under section
4115 shall report annually to the Governor and to
the public on—
‘‘(i) its progress toward meeting its
results-based performance measures for its
program;
‘‘(ii) the results of its on-going evalua-
tion of its program; and
‘‘(iii) any problems it encountered in
implementing its program that warrant the
349
provision of technical assistance by the
Governor.
‘‘(B) The Governor shall review the annual
reports described under subparagraph (A), and
shall not provide funding for subsequent years
of a multiyear program unless the Governor de-
termines that the recipient is making reason-
able progress toward meeting its objectives.
‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
‘‘(a) GENERAL AUTHORITY.—From the funds made
available pursuant to section 4111(a)(4) to carry out this
section, the Secretary shall make grants to or enter into
cooperative agreements or contracts with organizations
primarily serving and representing Native Hawaiians,
which are recognized by the Governor of the State of Ha-
waii to plan, conduct, and administer programs, or por-
tions thereof, which are authorized by and consistent with
the provisions of this title for the benefit of Native Hawai-
ians.
‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the
purposes of this section, the term Native Hawaiian means
any individual any of whose ancestors were natives, prior
to 1778, of the area which now comprises the State of
Hawaii.
350
‘‘SEC. 4119. PRINCIPLES OF EFFECTIVENESS.
‘‘The principles of effectiveness referred to under this
title are as follows:
‘‘(1) The applicant’s program is based on a
thorough assessment of objective data about the
drug and violence problems in the schools and com-
munities to be served.
‘‘(2) The applicant has established a set of
measurable goals and objectives aimed at ensuring
that all schools served by the local educational agen-
cy have a drug-free, safe, and orderly learning envi-
ronment, and has designed its programs to meet
those goals and objectives.
‘‘(3) The applicant has designed and will imple-
ment its programs for youth based on research or
evaluation that provides evidence that the program
to be used will prevent or reduce drug use, violence,
delinquency, or disruptive behavior among youth.
‘‘(4) The applicant will evaluate its program pe-
riodically to assess its progress toward achieving its
goals and objectives, and will use evaluation results
to refine, improve, and strengthen its program, and
refine its goals and objectives, as needed.
351
‘‘Subpart 2—National Programs
‘‘SEC. 4121. NATIONAL PROGRAMS.
‘‘(a) PROGRAM AUTHORIZED.—From funds appro-
priated to carry out this part for each fiscal year under
section 4004(2), the Secretary shall—
‘‘(1) carry out programs designed to promote
drug-free, safe, and orderly learning environments
for students at all educational levels, from preschool
through the postsecondary level; and
‘‘(2) reserve the lesser of 5 percent or
$10,000,000 to carry out section 4122, relating to
Hate Crime prevention.
‘‘(b) DRUG-FREE, SAFE, AND ORDERLY LEARNING
ENVIRONMENTS.—
‘‘(1) The Secretary may carry out the programs
described in subsection (a)(1)(A) directly, or through
grants, contracts, or cooperative agreements with
public and private agencies, organizations, and indi-
viduals, or through agreements with other Federal
agencies, and shall coordinate with other Federal
agencies, as appropriate.
‘‘(2) Programs under this subsection may in-
clude, but are not limited to—
‘‘(A) one or more centers to provide train-
ing and technical assistance for teachers, school
administrators and staff, and others on the
352
identification and implementation of effective
strategies to promote safe, orderly, and drug-
free learning environments;
‘‘(B) programs to train teachers in innova-
tive techniques and strategies of effective drug
and violence prevention;
‘‘(C) research and demonstration projects
to test innovative approaches to drug and vio-
lence prevention;
‘‘(D) evaluations of the effectiveness of
programs funded under this title, or other pro-
grams designed to create safe, disciplined, and
drug-free environments;
‘‘(E) direct services and technical assist-
ance to schools and school systems, including
those afflicted with especially severe drug and
violence problems;
‘‘(F) developing and disseminating drug
and violence prevention materials and informa-
tion in print, audiovisual, or electronic format,
including information about effective research-
based programs, policies, practices, strategies,
and curriculum and other relevant materials to
support drug and violence prevention education;
353
‘‘(G) recruiting, hiring, and training pro-
gram coordinators to assist local educational
agencies in implementing high-quality, effective,
research-based drug and violence prevention
programs;
‘‘(H) the development and provision of
education and training programs, curricula, in-
structional materials, and professional training
for preventing and reducing the incidence of
crimes or conflicts motivated by bullying, hate,
prejudice, intolerance, or sexual harassment and
abuse;
‘‘(I) programs for youth who are out of the
education mainstream, including school drop-
outs, students who have been suspended or ex-
pelled from their regular education program,
and runaway or homeless children and youth;
‘‘(J) programs implemented in conjunction
with other Federal agencies that support local
educational agencies and communities in devel-
oping and implementing comprehensive pro-
grams that create safe, disciplined, and drug-
free learning environments and promote healthy
childhood development;
354
‘‘(K) services and activities that reduce the
need for suspension and expulsion in maintain-
ing classroom order and discipline;
‘‘(L) services and activities to prevent and
reduce truancy;
‘‘(M) services and activities by an organi-
zation that uses an effective life management
skills curriculum specifically designed to target
at-risk and disenfranchised youth who are con-
fronted with multiple challenging problems;
‘‘(N) programs to provide counseling serv-
ices to troubled youth, including support for the
recruitment and hiring of counselors and the
operation of telephone help lines; and
‘‘(O) other activities that meet emerging or
unmet national needs consistent with the pur-
poses of this title.
‘‘(c) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘SEC. 4122. HATE CRIME PREVENTION.
‘‘(a) GRANT AUTHORIZATION.—From funds reserved
to carry out this section under section 4121(a)(2) the Sec-
retary may make grants, on a competitive basis, to local
educational agencies or local educational agencies in con-
355
junction with community-based organizations for the pur-
pose of providing assistance to localities most directly af-
fected by hate crimes.
‘‘(b) USE OF FUNDS.—
‘‘(1) PROGRAM DEVELOPMENT.—Grants under
this section may be used to improve elementary and
secondary educational efforts, including—
‘‘(A) development of education and train-
ing programs designed to prevent and to reduce
the incidence of crimes and conflicts motivated
by hate;
‘‘(B) development of curricula for the pur-
pose of improving conflict or dispute resolution
skills of students, teachers, and administrators;
‘‘(C) development and acquisition of equip-
ment and instructional materials to meet the
needs of, or otherwise be part of, hate crime
or conflict programs; and
‘‘(D) professional training and develop-
ment for teachers and administrators on the
causes, effects, and resolutions of hate crimes
or hate-based conflicts.
‘‘(2) IN GENERAL.—In order to be eligible to
receive a grant under this section for any fiscal year,
a local educational agency, or a local educational
356
agency in conjunction with a community-based orga-
nization, shall submit an application to the Secretary
in such form, at such time, and containing such in-
formation as the Secretary may reasonably require.
‘‘(3) REQUIREMENTS.—Each application under
paragraph (2) shall include—
‘‘(A) a request for funds to be used con-
sistent with the purposes described in this sec-
tion;
‘‘(B) a description of the schools and com-
munities to be served by the grants; and
‘‘(C) or assurance that Federal funds re-
ceived under this section shall be used to sup-
plement, not supplant, non-Federal funds.
‘‘(4) COMPREHENSIVE PLAN.—Each application
shall also include a comprehensive plan that
contains—
‘‘(A) a description of the hate crime or
conflict problems within the schools or the com-
munity described in paragraph (3)(B);
‘‘(B) a description of the program to be
developed or augmented by such Federal and
non-Federal matching funds (which may be pro-
vided in cash, or in-kind);
357
‘‘(C) an assurance that such program or
activity shall be administered by or under the
supervision of the applicant;
‘‘(D) procedures for proper and efficient
administration of such program; and
‘‘(E) procedures for fiscal control and fund
accounting as may be necessary to ensure pru-
dent use, proper disbursement, and accurate ac-
counting of funds received under this section.
‘‘(c) AWARD OF GRANTS.—
‘‘(1) SELECTION
OF
RECIPIENTS.—The Sec-
retary shall consider the incidence of crimes and
conflicts motivated by bias in the schools and com-
munities described in subsection (b)(3)(B) in award-
ing grants under this section.
‘‘(2) GEOGRAPHIC
DISTRIBUTION.—The Sec-
retary shall attempt, to the extent practicable, to
achieve an equitable geographic distribution of grant
awards.
‘‘(3) DISSEMINATION
OF
INFORMATION.—The
Secretary shall make available information regarding
successful research based hate crime prevention pro-
grams, including programs established or expanded
with grants under this section to grantees under this
section.
358
‘‘(d) REPORTS.—The Secretary shall submit to the
Committee on Education and the Workforce in the House
of Representatives and the Committee on Health, Edu-
cation, Labor, and Pensions in the Senate a report every
2 years which shall contain a detailed statement regarding
grants and awards, activities of grant recipients, and an
evaluation of programs established under this section.
‘‘Subpart 3—General Provisions
‘‘SEC. 4131. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) DRUG AND VIOLENCE PREVENTION.—The
term drug and violence prevention means—
‘‘(A) with respect to drugs, prevention,
early intervention, rehabilitation, referral, or
education related to the illegal use of alcohol
and the use of controlled, illegal, addictive, or
harmful substances, including inhalants and an-
abolic steroids;
‘‘(B) prevention, early intervention, smok-
ing cessation activities, or education, related to
the use of tobacco by children and youth eligible
for services under this title; and
‘‘(C) with respect to violence, the pro-
motion of school safety, such that students and
school personnel are free from violent and dis-
359
ruptive acts, including sexual harassment and
abuse, and victimization associated with preju-
dice and intolerance, on school premises, going
to and from school, and at school-sponsored ac-
tivities, through the creation and maintenance
of a school environment that is free of weapons
and fosters individual responsibility and respect
for the rights of others.
‘‘(2) HATE
CRIME.—The term ‘hate crime’
means a crime as described in section 1(b) of the
Hate Crime Statistics Act of 1990.
‘‘(3) NONPROFIT.—The term ‘nonprofit’, as ap-
plied to a school, agency, organization, or institution
means a school, agency, organization, or institution
owned and operated by one or more nonprofit cor-
porations or associations, no part of the net earnings
of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
‘‘(4) SCHOOL-AGED
POPULATION.—The term
‘school-aged population’ means the population aged
5 through 17, as determined by the Secretary on the
basis of the most recent satisfactory data available
from the Department of Commerce.
‘‘(5) SCHOOL PERSONNEL.—The term ‘school
personnel’ includes teachers, administrators, guid-
360
ance 
counselors, 
social 
workers, 
psychologists,
nurses, librarians, and other support staff who are
employed by a school or who perform services for the
school on a contractual basis.
‘‘SEC. 4132. MATERIALS.
‘‘(a) WRONG AND HARMFUL MESSAGE.—Drug pre-
vention programs supported under this part shall convey
a clear and consistent message that the illegal use of alco-
hol and other drugs is wrong and harmful.
‘‘(b) CURRICULUM.—The Secretary shall not pre-
scribe the use of specific curricula for programs supported
under this part, but may evaluate the effectiveness of such
curricula and other strategies in drug and violence preven-
tion.
‘‘SEC. 4133. PROHIBITED USES OF FUNDS.
‘‘No funds under this part may be used for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this part); and
‘‘(2) medical services, drug treatment or reha-
bilitation, except for pupil services or referral to
treatment for students who are victims of, or wit-
nesses to, crime or who use alcohol, tobacco, or
drugs.
361
‘‘PART B—ALTERNATIVE EDUCATION
‘‘SEC. 4201. PURPOSE.
‘‘The purpose of this part is to assist local edu-
cational agencies to implement, establish, develop, or
improve—
‘‘(1) sound and equitable policies that ensure a
safe, orderly, and drug-free learning environment for
all children, while reducing the need to suspend or
expel students and the number of such suspensions
and expulsions; and
‘‘(2) educational supports, services, and pro-
grams, using trained and qualified staff, for children
aged 5 through 21 who have been suspended or ex-
pelled so such children make continuing progress to-
ward meeting the State’s challenging academic
standards.
‘‘SEC. 4202. RESERVATION AND ALLOTMENTS.
‘‘(a) RESERVATION.—From the amount made avail-
able under section 4004(3) to carry out this part for each
fiscal year, the Secretary—
‘‘(1) shall reserve 0.5 percent of such amount
for grants to Guam, American Samoa, the United
States Virgin Islands, the Commonwealth of the
Northern Mariana Islands, the Republic of Palau,
the Marshall Islands, and the Federated States of
Micronesia;
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‘‘(2) shall reserve 1 percent of such amount for
the Secretary of the Interior to carry out programs
under this part for Indian children; and
‘‘(3) may reserve not more than the lesser of 5
percent or $5,000,000 for evaluation and national
activities under section 4212.
‘‘(b) STATE EDUCATIONAL AGENCY ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), and after making the reservations in sub-
section (a), the Secretary shall, for each fiscal year,
allot among the States the remainder according to
the ratio between the amount each State received
under part A of title I for the preceding year and
the sum of such amounts received by all the States
for such year.
‘‘(2) MINIMUM.—For any fiscal year, the Sec-
retary shall not allot to a State an amount under
this subsection that is less than one-quarter of 1
percent of the total amount allotted to all the States
under this subsection.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within two years of such allotment.
363
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(c) WITHIN-STATE DISTRIBUTION
OF FUNDS.—
Each State educational agency having an approved appli-
cation pursuant to section 4203 and receiving an allot-
ment under subsection (b), shall—
‘‘(1) allot not less than 95 percent of such allo-
cation to local educational agencies pursuant to sec-
tion 4207(a) or 4207(b); and
‘‘(2) reserve not more than 5 percent for State
level activities and evaluation, of which not more
than 40 percent may be used for administration.
‘‘SEC. 4203. STATE EDUCATIONAL AGENCY APPLICATIONS.
‘‘Each State educational agency seeking a grant
under this part shall submit an application in such form,
and containing such information, as the Secretary may
reasonably require. At a minimum, the application shall
include—
‘‘(1) a description of the competitive process the
State educational agency will use to award grants to
local educational agencies if the total amount appro-
priated under this part is less than $350,000,000 in
any given fiscal year;
‘‘(2) a description of the performance indicators
the State educational agency will establish, con-
364
sistent with section 4206, that will be used to evalu-
ate local educational agency programs funded under
this part;
‘‘(3) an assurance that State educational agen-
cy programs funded under this part shall be based
on the most effective research;
‘‘(4) a description of the research-base of pro-
grams funded under this part;
‘‘(5) a description of the professional develop-
ment necessary for teachers, other educators, and
pupil services personnel to implement alternative
education supports, services, and programs based on
the most effective research;
‘‘(6) a description of how the State will ensure
a reduction in the number of suspensions and expul-
sions, including reductions among groups of minor-
ity, low-income, and disabled children;
‘‘(7) a description of the programs and activi-
ties the State will carry out under section 4205;
‘‘(8) an assurance that the State educational
agency will make awards to local educational agen-
cies under section 4207(a) based on the quality of
their programs and their need for assistance under
this part;
365
‘‘(9) a description of how the State will ensure
the implementation of disciplinary policies that are
fair and equitable;
‘‘(10) a description of how the State will ensure
that supports, services, and programs funded under
this part will enable children to meet challenging
State academic standards;
‘‘(11) a description of how the State will ensure
that programs funded under this part include ade-
quate support services for students and their fami-
lies, including counseling, and will coordinate with
and use services available through juvenile justice,
mental health, and social services agencies;
‘‘(12) an assurance that the State and local
educational agencies which receive funds under this
part will use such funds to provide educational serv-
ices to children who have been suspended or expelled
from school; and
‘‘(13) a description of how the State will ensure
the programs funded under this part provide ade-
quate support for students to return to a regular
education setting, if appropriate.
‘‘SEC. 4204. STATE APPLICATION APPROVAL.
‘‘The Secretary shall review the application of a State
educational agency for assistance under this part and shall
366
approve the application, unless the Secretary makes a de-
termination in writing that such application does not meet
the specific requirements of this part or is of insufficient
quality to meet the purposes of this part.
‘‘SEC. 4205. STATE EDUCATIONAL AGENCY ACTIVITIES.
‘‘(a) REQUIRED USES
OF FUNDS.—A State edu-
cational agency shall use funds made available under sec-
tion 4202(c)(2) for the following activities:
‘‘(1) IDENTIFICATION.—Identification and dis-
semination of effective supports, services, and pro-
grams that are consistent with the purposes of this
part, based on the most effective research, to local
educational agencies within the State.
‘‘(2) ASSISTANCE.—Technical assistance de-
signed to improve the performance of supports, serv-
ices, and programs funded under this part.
‘‘(3) EVALUATION.—Evaluation of programs
funded under this part, and dissemination of the
findings of the evaluations.
‘‘(b) PERMISSIVE USES OF FUNDS.—A State edu-
cational agency may use funds made available under sec-
tion 4202(c)(2) for the following activities:
‘‘(1) DEVELOPMENT.—Development of effective
supports, services, and programs consistent with the
purposes of this part.
367
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development designed to provide teachers,
pupil services personnel, and other related instruc-
tional personnel with skills necessary to integrate be-
havior intervention techniques and methodology into
the academic curriculum used by the State and local
educational agencies to maintain effective discipline
and an environment conducive to learning that re-
duces the need to suspend or expel students.
‘‘(3) OTHER ACTIVITIES.—Any other activities
consistent with the purposes of this part.
‘‘SEC. 4206. STATE PERFORMANCE MEASURES.
‘‘Each State educational agency shall establish per-
formance indicators and acceptable goals of progress to
evaluate the effectiveness of programs funded under this
part. Such performance indicators shall include, at a min-
imum:
‘‘(1) reduction in the number of incidents of
disruptive and violent behavior;
‘‘(2) reduction in the number of suspensions
and expulsions;
‘‘(3) reduction in the total amount of time stu-
dents are out of school as a result of being sus-
pended or expelled;
368
‘‘(4) attainment of challenging State academic
standards by students in programs funded under
this part;
‘‘(5) reduction in dropout rate; and
‘‘(6) an increase in the number of students re-
turning successfully to a regular education program,
as appropriate.
‘‘SEC. 4207. LOCAL EDUCATIONAL AGENCY DISTRIBUTION
OF FUNDS.
‘‘(a) COMPETITIVE GRANTS.—In any fiscal year in
which the total amount provided under section 4004(3)
is less than $350,000,000, a State educational agency
shall distribute funds under section 4202(c)(1) on a com-
petitive basis to local educational agencies that have an
approved application under section 4208 and can dem-
onstrate a significant number of incidents of children aged
5 through 21 who have been suspended or expelled from
public school. Such competitive grant process shall—
‘‘(1) give priority to local educational agencies
in which more than 30 percent of the children are
from families with incomes below the poverty line;
‘‘(2) ensure that each grant shall be of suffi-
cient size and scope so as to be effective;
‘‘(3) ensure, to the extent practicable, distribu-
tion of grants on an equitable geographic basis, in-
369
cluding selecting agencies that serve urban, subur-
ban, and rural populations; and
‘‘(4) utilize a peer review process to approve ap-
plications.
‘‘(b) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—In any fiscal year in which
the total amount provided under section 4004(3)
equals or exceeds $350,000,000, the State edu-
cational agency shall distribute funds under section
4202(c)(1) on the following basis:
‘‘(A) 80 percent of such amount shall be
allocated to such local educational agencies in
proportion to the number of children, aged 5
through 17, who reside in the school district
served by the local educational agency from
families with incomes below the poverty line ap-
plicable to a family of the size involved for the
most recent fiscal year for which satisfactory
data are available compared to the number of
such individuals who reside in the school dis-
tricts served by all the local educational agen-
cies in the State for that fiscal year.
‘‘(B) 20 percent of such amount to local
educational agencies, based on the relative en-
rollments in public and private nonprofit ele-
370
mentary and secondary schools within the
boundaries of such agencies.
‘‘(2) REALLOCATION.—If a local educational
agency chooses not to apply to receive the amount
allocated to such agency under paragraph (1), or if
such agency’s application is disapproved by the State
educational agency pursuant to section 4209, the
State educational agency shall reallocate such
amount to other local educational agencies on the
same basis as allocations are made under paragraph
(1).
‘‘(c) FEDERAL SHARE.—The Federal share of pro-
grams funded under this part shall be—
‘‘(1) 75 percent for local educational agencies in
which 30 or more percent of the children who reside
in the school district served by the local educational
agency are from families with incomes below the
poverty line; and
‘‘(2) 35 percent for local educational agencies in
which less than 30 percent of the children who re-
side in the school district served by the local edu-
cational agency are from families with incomes below
the poverty line.
‘‘(d) NON-FEDERAL
SHARE.—Local educational
agencies may satisfy the non-Federal share funding re-
371
quirements of this section with in-kind contributions and
may use Federal funds, other than those provided under
this part, that may be used to carry out the purposes of
this part.
‘‘SEC. 4208. LOCAL APPLICATION.
‘‘In order to be eligible to receive a grant under sec-
tion 4207, for any fiscal year, a local educational agency
shall submit an application to the State educational agen-
cy, at such time, and containing such information as the
State educational agency shall require. Such application
shall, at a minimum, include—
‘‘(1) an assurance that programs shall serve
children aged 5 through 21 who have been sus-
pended or expelled from another public school within
the local educational agency;
‘‘(2) a description of how the local educational
agency will provide, in a safe, orderly, and drug-free
learning environment with trained and qualified
staff, educational supports, services, and programs
for students who have been suspended or expelled so
such students are able to meet the State’s chal-
lenging academic standards;
‘‘(3) a description of the plan of the local edu-
cational agency for reducing the number of suspen-
sions and expulsions and reducing the total amount
372
of time students are out of a regular education set-
ting as a result of being suspended or expelled;
‘‘(4) a plan for training teachers, pupil services
personnel, and other appropriate school staff on ef-
fective strategies for dealing with disruptive stu-
dents;
‘‘(5) a description of how the local educational
agency will involve parents in the education of chil-
dren who have been suspended or expelled, to the ex-
tent possible;
‘‘(6) an assurance that local educational agen-
cies will develop annually increasing quantifiable
program performance goals, consistent with the
State’s performance indicators under section 4206;
‘‘(7) information demonstrating how the appli-
cant will continue the programs and activities devel-
oped under this part after completion of the grant;
‘‘(8) an assurance that the program will provide
sufficient support services for children and their
families, including counseling, and will coordinate
with and utilize services provided through juvenile
justice, social service, and mental health agencies;
‘‘(9) an assurance that the program will assist
participating students in making the transition back
to a regular education setting, as appropriate; and
373
‘‘(10) provide an assurance that such program
will place an emphasis on personal, academic, social,
and workplace skills and behavior modification, as
appropriate.
‘‘SEC. 4209. LOCAL APPLICATION APPROVAL.
‘‘The State educational agency shall review the appli-
cation of a local educational agency for assistance under
this part. For the purposes of grants awarded under sec-
tion 4207(b), such application shall be deemed approved
unless the State makes a determination in writing that
such application does not meet the specific requirements
of this part or is of insufficient quality to meet the pur-
poses of this part.
‘‘SEC. 4210. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
‘‘Each local educational agency, with an approved ap-
plication under section 4209, shall use funds provided
under section 4207 for one or more of the following activi-
ties, which shall be based on the most effective research:
‘‘(1) The development, establishment, or im-
provement of alternative schools, either established
within a school or separate and apart from an exist-
ing school, that are designed—
‘‘(A) to reduce disruptive behavior;
‘‘(B) to reduce the need for repeat suspen-
sions and expulsions; and
374
‘‘(C) to enable students to meet chal-
lenging State academic standards.
‘‘(2) The development, establishment, or im-
provement of alternative supports, services, pro-
grams, and strategies for students served by pro-
grams funded under this part.
‘‘(3) Professional development for teachers, ad-
ministrators, pupil services personnel, and other
school staff on the most effective ways of preventing
students from disrupting class, and for dealing with
those students who disrupt class.
‘‘(4) Mentoring, tutoring, and other services for
students.
‘‘(5) Counseling and mental health services,
such as mental health assessment and counseling,
counseling on transitioning to work or other edu-
cational options, and family counseling.
‘‘(6) Programs in such areas as conflict resolu-
tion, peer mediation, character education, social
skills building, alcohol, drug, and violence preven-
tion, and behavior interventions.
‘‘(7) Programs providing sufficient support
services for children and their families, including
counseling, and coordination with and utilization of
375
services provided through juvenile justice, social
service, and mental health agencies.
‘‘(8) Activities to assist students in making the
transition back to regular school programs, as ap-
propriate.
‘‘(9) Programs to assist students to meet chal-
lenging academic standards.
‘‘(10) Other programs and activities consistent
with the purposes of this part.
‘‘SEC. 4211. PROGRAM EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State educational
agency receiving funds under this part shall evaluate the
effectiveness of programs and activities carried out under
this part in reducing the need to suspend or expel students
and in helping students who have been suspended or ex-
pelled to meet the State’s challenging academic standards.
‘‘(2) In evaluating local programs, the State edu-
cational agency shall, as appropriate, review performance
data based on the attainment of the goals established by
local 
educational 
agencies 
under 
section 
4208(6),
disaggregated, as appropriate, on the basis of gender,
race, ethnicity, migrant status, limited English proficiency
status, disability, primary versus secondary education, and
economic status.
376
‘‘(b) EVALUATION RESULTS, CORRECTIVE ACTION,
AND TERMINATION OF FUNDS.—
‘‘(1) RESULTS.—Each State educational agency
shall submit the results of its evaluation to the Sec-
retary in an annual report. The Secretary shall sub-
mit a summary of the annual reports to both the
Committee on Education and the Workforce of the
House of Representatives and the Health, Edu-
cation, Labor, and Pensions Committee of the Sen-
ate.
‘‘(2) DISTRIBUTION.—Each State educational
agency shall distribute the results of the evaluation
of individual programs to each evaluated program.
‘‘(3) INSUFFICIENT PROGRESS.—If a State edu-
cational agency determines that a local educational
agency’s program under this part did not make suf-
ficient progress toward the performance indicators
established by the State educational agency based on
the goals described in section 4208(6), the State
educational agency shall provide technical assistance
to such program. After two consecutive years of fail-
ure by a program to make sufficient progress toward
the levels of performance established by the State
educational agency, the State educational agency
shall take such action as may be necessary, includ-
377
ing the withdrawal of funds, in whole or in part,
from such program.
‘‘SEC. 4212. NATIONAL ACTIVITIES AND EVALUATION.
‘‘(a) EVALUATION BY THE SECRETARY.—The Sec-
retary shall evaluate a representative sample of the pro-
grams funded under this part, and shall report the find-
ings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate not later than 3 years after the first grants
are made under this part.
‘‘(b) RESEARCH.—The Secretary shall conduct re-
search, directly or through grants or contracts, to develop
and identify proven alternative education practices. The
Secretary shall disseminate such alternative education
practices to State educational agencies and local edu-
cational agencies receiving funds under this Act.
‘‘(c) OTHER NATIONAL ACTIVITIES.—The Secretary
may directly, or through grants or contracts, carry out
programs and activities consistent with the purposes of
this part such as, collection of data, dissemination of infor-
mation, and development of model programs and activi-
ties.
378
‘‘SEC. 4213. SPECIAL RULES.
‘‘(a) CONSTRUCTION.—Nothing in this part shall be
construed to affect the requirements of the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.)
or the Gun-Free Schools Act (20 U.S.C. 8921 et seq.).
‘‘(b) SUPPLEMENT.—Funds made available under
this part shall be used to supplement, and shall not sup-
plant, non-Federal funds expended to carry out programs
and activities authorized by this part.
‘‘PART C—RESOURCE STAFF FOR STUDENTS
‘‘SEC. 4311. FINDINGS.
‘‘Congress finds the following:
‘‘(1) Although 7,500,000 children under the age
of 18 require mental health services, fewer than 1 in
5 of these children receive the services.
‘‘(2) Across the United States, counseling pro-
fessionals have an extremely busy caseload and often
students do not get the help they need. The current
national average ratio of students to counselors in
elementary and secondary schools is 513:1.
‘‘(3) Schools in the United States need more
mental health professionals, and the funds needed to
hire staff to specifically serve students.
‘‘(4) The maximum recommended ratio of stu-
dents-to-counselors is 250:1.