‘‘(1) PLAN.—Each State educational agency re-
ceiving assistance under this part shall develop and
submit to the Secretary a plan to ensure that all
teachers teaching within the State are fully quali-
fied, as defined in section 2001(1), not later than
December 31, 2003. Such plan shall include an as-
surance that the State educational agency will re-
quire each local educational agency and school re-
ceiving funds under this part publicly to report the
annual progress with respect to the local educational
agency’s and school’s performance in increasing the
percentage of classes in core academic areas taught
by fully qualified teachers.
‘‘(2) SPECIAL
RULE.—Notwithstanding any
other provision of law, the provisions of this section
governing teacher qualifications shall not supersede
State laws governing public charter schools.
‘‘(b) NEW PARAPROFESSIONALS.—Each local edu-
cational agency receiving assistance under this part shall
ensure that each paraprofessional hired one year or more
after the effective date of this section, and working in a
program assisted under this part—
‘‘(1) has completed at least the number of
courses at an institution of higher education in the
area of elementary education, or in the related sub-
ject area in which the paraprofessional is working,
for a minor degree at such institution;
‘‘(2) has obtained an associate’s (or higher) de-
gree; or
‘‘(3) has met a rigorous standard of quality
that demonstrates, through formal State certifi-
cation (as established in subsection (h))—
‘‘(A) knowledge of, and the ability to pro-
vide tutorial assistance in, reading, writing, and
mathematics; or
‘‘(B) knowledge of, and the ability to pro-
vide tutorial assistance in, reading readiness,
writing readiness, and mathematics readiness,
as appropriate.
‘‘(c) EXISTING PARAPROFESSIONALS.—Each local
educational agency receiving assistance under this part
shall ensure that all paraprofessionals hired before the
date that is one year after the effective date of the Public
Education Reinvestment, Reinvention, and Responsibility
Act, and working in a program supported with funds
under this part shall, not later than 3 years after such
effective date, satisfy the requirements of subsection (b).
‘‘(d) EXCEPTIONS FOR TRANSLATION AND PAREN-
TAL INVOLVEMENT ACTIVITIES.—Subsections (b) and (c)
shall not apply to a paraprofessional—
‘‘(1) who is proficient in English and a lan-
guage other than English, and who provides services
primarily to enhance the participation of children in
programs under this part by acting as a translator;
or
‘‘(2) whose duties consist solely of conducting
parental involvement activities consistent with sec-
tion 1118 or other school readiness activities that
are noninstructional.
‘‘(e) GENERAL
REQUIREMENT
FOR
ALL
PARA-
PROFESSIONALS.—Each local educational agency receiving
assistance under this part shall ensure that each para-
professional working in a program assisted under this
part, regardless of the paraprofessional’s hiring date, pos-
sesses a secondary school diploma or its recognized equiva-
lent.
‘‘(f) DUTIES OF PARAPROFESSIONALS.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving assistance under this part shall en-
sure that a paraprofessional working in a program
assisted under this part is not assigned a duty in-
consistent with this subsection.
‘‘(2) AUTHORIZED RESPONSIBILITIES.—A para-
professional described in paragraph (1) may be
assigned—
‘‘(A) to provide 1-on-1 tutoring for eligible
students under this part, if the tutoring is
scheduled at a time when the student would not
otherwise receive instruction from a teacher;
‘‘(B) to assist with classroom management,
such as organizing instructional and other ma-
terials;
‘‘(C) to provide assistance in a computer
laboratory;
‘‘(D) to conduct parental involvement ac-
tivities or school readiness activities that are
noninstructional;
‘‘(E) to provide support in a library or
media center;
‘‘(F) to act as a translator; or
‘‘(G) to provide assistance with extra cur-
ricular activities which are noninstructional.
‘‘(3) LIMITATIONS.—A paraprofessional de-
scribed in paragraph (1)—
‘‘(A) shall not perform the duties of a cer-
tified teacher or a substitute; and
‘‘(B) shall not perform any duty assigned
under paragraph (2) unless under the direct su-
pervision of a fully qualified teacher or other
appropriate professional.
‘‘(g) USES OF FUNDS.—
‘‘(1) PROFESSIONAL DEVELOPMENT.—Notwith-
standing subsection (h)(2), a local educational agen-
cy receiving funds under this part may use such
funds to support ongoing training and professional
development to assist teachers and paraprofessionals
in satisfying the requirements of this section.
‘‘(2) LIMITATION ON USE OF FUNDS FOR PARA-
PROFESSIONALS.—
‘‘(A) IN GENERAL.—Beginning on the date
of enactment of the Public Education Reinvest-
ment, Reinvention, and Responsibility Act, a
local educational agency may not use funds re-
ceived under this part to fund any paraprofes-
sional hired after such date unless—
‘‘(i) the hiring is to fill a vacancy cre-
ated by the departure of another para-
professional funded under this part; or
‘‘(ii) the local educational agency can
demonstrate that a significant influx of
population has substantially increased stu-
dent enrollment, or demonstrate an in-
creased need for translators or assistance
with parent involvement activities.
‘‘(B) 
EXCEPTION.—Subparagraph 
(A)
shall not apply to a local educational agency
that can demonstrate to the State that all core
classes taught in the schools served by the local
educational agency are taught by fully qualified
teachers.
‘‘(h) STATE
CERTIFICATION.—Each State edu-
cational agency receiving assistance under this part
shall—
‘‘(1) ensure that the State educational agency
has in place State criteria for the certification of
paraprofessionals by December 31, 2002; and
‘‘(2) ensure that paraprofessionals hired before
December 31, 2003, are in high-quality professional
development activities that ensure that the para-
professional has the ability to provide tutorial assist-
ance in—
‘‘(A) reading, writing, and mathematics: or
‘‘(B) reading readiness, writing readiness,
and mathematics readiness, as appropriate.
‘‘(i) VERIFICATION OF COMPLIANCE.—
‘‘(1) IN
GENERAL.—In verifying compliance
with this section, each local educational agency, at
a minimum, shall require that the principal of each
elementary school and secondary school operating a
program under section 1114 or 1115 annually attest
in writing as to whether each such school is in com-
pliance with the requirements of this section.
‘‘(2) AVAILABILITY OF INFORMATION.—Copies
of the annual certification described in paragraph
(1)—
‘‘(A) shall be maintained at each elemen-
tary school and secondary school operating a
program under section 1114 or 1115 and at the
main office of the local educational agency; and
‘‘(B) shall be available to any member of
the general public upon request.’’.
SEC. 113. PROFESSIONAL DEVELOPMENT.
Section 1119A (as redesignated by section 112(a)) is
amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist each local educational agency receiving assistance
under this part in increasing the academic achievement
of 
eligible 
children 
(as 
identified 
under 
section
1115(b)(1)(B)) (in this section referred to as eligible chil-
dren) through improved teacher quality.’’;
(2) in subsection (b)—
100
(A) by amending paragraph (1) to read as
follows:
‘‘(1) REQUIRED ACTIVITIES.—Each local edu-
cational agency receiving assistance under this part
shall provide professional development activities
under this section that shall—
‘‘(A) give teachers, principals, and admin-
istrators the knowledge and skills to provide eli-
gible children with the opportunity to meet
challenging State or local content standards
and student performance standards;
‘‘(B) support the recruiting, hiring, and
training of fully qualified teachers, including
teachers fully qualified through State and local
alternative routes;
‘‘(C) advance teacher understanding of ef-
fective instructional strategies, based on sci-
entifically based research, for improving eligible
children achievement, at a minimum, in mathe-
matics, science, and English language arts;
‘‘(D) be directly related to the curricula
and content areas in which the teacher provides
instruction;
‘‘(E) be designed to enhance the ability of
a teacher to understand and use the State’s
101
standards for the subject area in which the
teacher provides instruction;
‘‘(F) be tied to scientifically based research
that demonstrates the effectiveness of such pro-
fessional development activities or programs in
increasing eligible children achievement or sub-
stantially increasing the knowledge and teach-
ing skills of teachers;
‘‘(G) be of sufficient intensity and duration
(not to include 1-day or short-term workshops
and conferences) to have a positive and lasting
impact on the teacher’s performance in the
classroom, except that this subparagraph shall
not apply to an activity if such activity is one
component of a long-term comprehensive pro-
fessional development plan established by the
teacher and the teacher’s supervisor based upon
an assessment of their needs, their eligible chil-
dren’s needs, and the needs of the local edu-
cational agency;
‘‘(H) be developed with extensive participa-
tion of teachers, principals, parents, administra-
tors of schools, and local school boards of
schools to be served under this part;
102
‘‘(I) to the extent appropriate, provide
training for teachers in the use of technology so
that technology and its applications are effec-
tively used in the classroom to improve teaching
and learning in the curricula and academic con-
tent areas in which the teachers provide in-
struction;
‘‘(J) as a whole, be regularly evaluated for
such activities’ impact on increased teacher ef-
fectiveness and improved student achievement,
with the findings of such evaluations used to
improve the quality of professional development;
and
‘‘(K) include strategies for identifying and
eliminating gender and racial bias in instruc-
tional materials, methods, and practices.’’;
(B) in paragraph (2)—
(i) in subparagraph (A), by inserting
‘‘and data to inform and instruct class-
room practice’’ before the semicolon;
(ii) by striking subparagraphs (D)
and (G);
(iii) by redesignating subparagraphs
(E), (F), (H), and (I), as subparagraphs
(D), (E), (F) and (G), respectively; and
103
(iv) by inserting after subparagraph
(G) (as redesignated by clause (iii)) the
following new subparagraph:
‘‘(H) instruction in the ways that teachers,
principals, and guidance counselors can work
with parents and students from groups, such as
females and minorities, that are underrep-
resented in careers in mathematics, science, en-
gineering, and technology, to encourage and
maintain the interest of such students in those
careers.’’;
(3) by striking subsections (f) through (i); and
(4) by adding after subsection (e) the following:
‘‘(f) CONSOLIDATION OF FUNDS.—Funds provided
under this part that are used for professional development
purposes may be consolidated with funds provided under
title II of this Act and other sources.
‘‘(g) DEFINITION.—The term ‘fully qualified’ has the
same meaning given such term in section 2001(1).
‘‘(h) SPECIAL RULE.—
‘‘(1) IN GENERAL.—No State educational agen-
cy shall require a local educational agency or ele-
mentary school or secondary school to expend a spe-
cific amount of funds for professional development
activities under this part.
104
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply with respect to requirements under section
1116(d)(9).’’.
SEC. 114. FISCAL REQUIREMENTS.
Section 1120A(a) (20 U.S.C. 6322(a)) is amended by
striking ‘‘section 14501’’ and inserting ‘‘section 8501’’.
SEC. 115. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323) is amended—
(1) in subsection (a), by striking ‘‘to the extent
feasible’’ and all that follows through the period and
inserting ‘‘in coordination with local Head Start
agencies, and if feasible, other early childhood devel-
opment programs.’’;
(2) in subsection (b)—
(A) in paragraph (3) by striking ‘‘and’’
after the semicolon;
(B) in paragraph (4) by striking the period
and inserting ‘‘; and’’; and
(C) by adding at the end, the following:
‘‘(5) linking the educational services provided in
such local educational agency with the services pro-
vided in local Head Start agencies.’’.
105
SEC. 116. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended to read
as follows:
‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount
appropriated for payments to States for any fiscal year
under section 1002(a), the Secretary shall reserve a total
of 1 percent to provide assistance to—
‘‘(1) the outlying areas in the amount deter-
mined in accordance with subsection (b); and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(d).
‘‘(b) ASSISTANCE TO OUTLYING AREAS.—
‘‘(1) GRANTS AUTHORIZED.—From the amount
made available for a fiscal year under subsection (a),
the Secretary shall award grants to the outlying
areas and freely associated States to carry out the
purposes of this part.
‘‘(2) COMPETITIVE GRANTS.—For each of fiscal
years 2000 and 2001, the Secretary shall ensure
that grants are awarded under this subsection on a
competitive basis in accordance with paragraph (3).
106
‘‘(3) REQUIREMENTS
AND
LIMITATION
FOR
COMPETITIVE GRANTS.—
‘‘(A) RECOMMENDATIONS.—The Secretary
shall award grants under this subsection on the
basis of the recommendations of the Pacific Re-
gion Educational Laboratory in Honolulu, Ha-
waii.
‘‘(B) TERMINATION
OF
ELIGIBILITY.—
Notwithstanding any other provision of law, the
freely associated States shall not be eligible to
receive funds under this part after September
30, 2001.
‘‘(C) ADMINISTRATIVE
COSTS.—The Sec-
retary may provide that not more than 5 per-
cent of the amount reserved for grants under
this subsection will be used to pay the adminis-
trative costs of the Pacific Region Educational
Laboratory for services provided under subpara-
graph (A).
‘‘(4) SPECIAL RULE.—The provisions of Public
Law 95–134 (91 Stat. 1159) that permit the con-
solidation of grants by the outlying areas shall not
apply to funds provided to the freely associated
States under this subsection.
107
‘‘(5) FUNDING.—The amount reserved by the
Secretary to award grants under this subsection
shall not exceed the amount reserved under this sec-
tion (as this section existed on the day prior to the
date of enactment of the Public Education Reinvest-
ment, Reinvention, and Responsibility Act) for the
freely associated States for fiscal year 1999.
‘‘(6) DEFINITIONS.—In this subsection and
subsection (a):
‘‘(A) FREELY ASSOCIATED STATES.—The
term ‘freely associated States’ means the Re-
public of the Marshall Islands, the Federated
States of Micronesia, and the Republic of
Palau.
‘‘(B) OUTLYING
AREA.—The term ‘out-
lying area’ means the United States Virgin Is-
lands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands.
‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) IN
GENERAL.—The amount allotted for
payments to the Secretary of the Interior under sub-
section (a)(2) for any fiscal year shall be, as deter-
mined pursuant to criteria established by the Sec-
108
retary, the amount necessary to meet the special
educational needs of—
‘‘(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the Depart-
ment of the Interior; and
‘‘(B) out-of-State Indian children in ele-
mentary and secondary schools in local edu-
cational agencies under special contracts with
the Department of the Interior.
‘‘(2) PAYMENTS.—From the amount allotted
for payments to the Secretary of the Interior under
subsection (a)(2), the Secretary of the Interior shall
make payments to local educational agencies, upon
such terms as the Secretary determines will best
carry out the purposes of this part, with respect to
out-of-State Indian children described in paragraph
(1). The amount of such payment may not exceed,
for each such child, the greater of—
‘‘(A) 40 percent of the average per pupil
expenditure in the State in which the agency is
located; or
‘‘(B) 48 percent of such expenditure in the
United States.’’.
109
SEC. 117. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332) is amended to read
as follows:
‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA-
TION GRANTS, AND TARGETED GRANTS.
‘‘(a) ALLOCATION FORMULA.—
‘‘(1) ALLOCATION TO STATES.—Of the amount
appropriated to carry out this part for each of fiscal
years 2001 through 2005 (each such year, as appro-
priate, shall be referred to in this subsection as the
‘current fiscal year’), the amount to be allocated to
States for a fiscal year based on population data for
local educational agencies in such States, shall be
equal to the sum of—
‘‘(A) an amount equal to the sum of—
‘‘(i) the amount made available to
carry out section 1124 (as such section ex-
isted on the day prior to the date of enact-
ment of the Public Education Reinvest-
ment, Reinvention, and Responsibility Act)
for fiscal year 1999; and
‘‘(ii) 21.25 percent of the amount, if
any, by which the amount appropriated
under section 1002(a) for the current fis-
cal year exceeds the amount appropriated
under such section (as such section existed
110
on the day prior to the date of enactment
of the Public Education Reinvestment, Re-
invention, and Responsibility Act) for fiscal
year 1999, to be allocated in accordance
with section 1124;
‘‘(B) an amount equal to the sum of—
‘‘(i) the amount made available to
carry out section 1124A (as such section
existed on the day prior to the date of en-
actment of the Public Education Reinvest-
ment, Reinvention, and Responsibility Act)
for fiscal year 1999; and
‘‘(ii) 3.75 percent of the amount, if
any, by which the amount appropriated
under section 1002(a) for the current fis-
cal year exceeds the amount appropriated
under such section (as such section existed
on the day prior to the date of enactment
of the Public Education Reinvestment, Re-
invention, and Responsibility Act) for fiscal
year 1999, to be allocated in accordance
with section 1124A; and
‘‘(C) an amount equal to 75 percent of the
amount, if any, by which the amount appro-
priated under section 1002(a) for the current
111
fiscal year exceeds the amount appropriated
under such section (as such section existed on
the day prior to the date of enactment of the
Public Education Reinvestment, Reinvention,
and Responsibility Act) for fiscal year 1999, to
be allocated in accordance with section 1125.
‘‘(2) ALLOCATION
TO
LOCAL
EDUCATIONAL
AGENCIES.—Of the total amounts allocated to a
State under this part for each of fiscal years 2001
and 2002, 96.5 percent shall be allocated by the
State educational agency to local educational agen-
cies, and for each of fiscal years 2003 through 2005,
95.5 percent shall be allocated to local educational
agencies, of which—
‘‘(A) 75 percent shall be allocated in ac-
cordance with section 1125;
‘‘(B) 21.25 percent shall be allocated in ac-
cordance with section 1124; and
‘‘(C) 3.75 percent shall be allocated in ac-
cordance with section 1124A.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums available under
this part for any fiscal year are insufficient to pay
the full amounts that all States and local edu-
112
cational agencies are eligible to receive under sec-
tions 1124, 1124A, and 1125 for such fiscal year,
the Secretary shall ratably reduce the allocations to
such States and local educational agencies, subject
to subsections (c) and (d).
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sec-
tions 1124, 1124A, and 1125 for such fiscal year,
allocations that were reduced under paragraph (1)
shall be increased on the same basis as they were re-
duced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—
‘‘(1) GRANTS TO STATES.—The total amount
allocated to each State under this part in each fiscal
year shall not be less than the amount allocated to
each State in the preceding fiscal year.
‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.—The total amount allocated to each local edu-
cational agency under this part in each fiscal year
shall not be less than an amount equal to 85 percent
of the amount allocated to each local educational
agency in the preceding fiscal year.
‘‘(d) RATABLE REDUCTIONS.—
‘‘(1) IN GENERAL.—If the sums made available
under this part for any fiscal year are insufficient to
113
pay the full amounts that all States are eligible to
receive under subsection (c) for such year, the Sec-
retary shall ratably reduce such amounts for such
year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sub-
section (c) for such fiscal year, amounts that were
reduced under paragraph (1) shall be increased on
the same basis as such amounts were reduced.
‘‘(e) DEFINITION.—For the purpose of this section
and sections 1124, 1124A, and 1125, the term ‘State’
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.’’.
SEC. 118. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
Section 1124 (20 U.S.C. 6333) is amended to read
as follows:
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES
AND
PUERTO
RICO.—Except as provided in
paragraph (3) and in section 1126, the amount of
a grant that a local educational agency is eligible to
114
receive under this section for a fiscal year shall be
determined by multiplying—
‘‘(A) the number of children counted under
subsection (c); and
‘‘(B) 40 percent of the average per-pupil
expenditure in the State involved, except that
the amount determined under this subpara-
graph shall not be less than 32 percent or more
than 48 percent, of the average per-pupil ex-
penditure in the United States.
‘‘(2) CALCULATION OF GRANTS.—
‘‘(A) 
ALLOCATIONS
TO
LOCAL
EDU-
CATIONAL AGENCIES.—The Secretary shall cal-
culate the amount of grants under this section
on the basis of the number of children counted
under subsection (c) for local educational agen-
cies. For purposes of this subparagraph, the
Secretary and the Secretary of Commerce shall
publicly disclose the reasoning for their deter-
minations under subsection (c) in detail.
‘‘(B) ALLOCATIONS TO LARGE AND SMALL
LOCAL EDUCATIONAL AGENCIES.—
‘‘(i) APPLICATION
OF
PROVISION.—
The Secretary shall determine the amount
115
of grant awards under this section for each
large or small local educational agency.
‘‘(ii) LARGE AGENCIES.—The amount
of a grant awarded under this section for
each large local educational agency shall be
the amount determined by the Secretary
under clause (i).
‘‘(iii) SMALL
AGENCIES.—With re-
spect to the amount of a grant awarded
under this section to a small local edu-
cational agency, the State educational
agency may—
‘‘(I) provide such grant in an
amount determined by the Secretary
under clause (i); or
‘‘(II) use an alternative method
approved by the Secretary to dis-
tribute the portion of the State’s total
grants under this section that is based
on the number of small local edu-
cational agencies.
‘‘(iv) ALTERNATIVE METHOD.—An al-
ternative method approved under clause
(iii)(II) shall be based on population data
that the State educational agency deter-
116
mines best reflects the current distribution
of children in poor families among the
State’s small local educational agencies
that meet the eligibility criteria of sub-
section (b).
‘‘(v) APPEALS.—A small local edu-
cational agency that is dissatisfied with the
determination of its grant amount by the
State educational agency under clause
(iii)(II), may appeal that determination to
the Secretary, who shall respond not later
than 45 days after receipt of such appeal.
‘‘(vi) DEFINITION.—In this subpara-
graph:
‘‘(I) LARGE LOCAL EDUCATIONAL
AGENCY.—The term ‘large local edu-
cational agency’ means a local edu-
cational agency serving an area with a
total population of 20,000 or more.
‘‘(II) 
SMALL
LOCAL
EDU-
CATIONAL AGENCY.—The term ‘small
local educational agency’ means a
local educational agency serving an
area with a total population of less
than 20,000.
117
‘‘(3) PUERTO RICO.—
‘‘(A) IN GENERAL.—For each fiscal year,
the amount of the grant that the Common-
wealth of Puerto Rico shall be eligible to receive
under this section shall be determined by multi-
plying the number of children counted under
subsection (c) for the Commonwealth of Puerto
Rico by the product of—
‘‘(i) the percentage which the average
per pupil expenditure in the Common-
wealth of Puerto Rico is of the lowest aver-
age per pupil expenditure of any of the 50
States; and
‘‘(ii) 32 percent of the average per
pupil expenditure in the United States.
‘‘(B) MINIMUM
PERCENTAGE.—The per-
centage in subparagraph (A)(i) shall not be less
than—
‘‘(i) for fiscal year 2000, 75.0 percent;
‘‘(ii) for fiscal year 2001, 77.5 per-
cent;
‘‘(iii) for fiscal year 2002, 80.0 per-
cent;
‘‘(iv) for fiscal year 2003, 82.5 per-
cent; and
118
‘‘(v) for fiscal year 2004, and suc-
ceeding fiscal years, 85.0 percent.
‘‘(C) LIMITATION.—If the application of
subparagraph (B) would result in any of the 50
States or the District of Columbia receiving less
under this part than the State or District re-
ceived under this part for the preceding fiscal
year, the percentage shall be the greater of the
percentage described in subparagraph (A)(i) or
the percentage used for the preceding fiscal
year.
‘‘(4) DEFINITION.—In this subsection, the term
‘State’ does not include Guam, American Samoa, the
Virgin Islands, and the Northern Mariana Islands.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL-
IFY.—A local educational agency shall be eligible for a
basic grant under this section for any fiscal year only if—
‘‘(1) there are 10 or more children counted
under subsection (c) with respect to that agency;
and
‘‘(2) such children make up more than 2 per-
cent of the total school-age population in the agen-
cy’s jurisdiction.
‘‘(c) CHILDREN TO BE COUNTED.—
119
‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
is the aggregate of—
‘‘(A) the number of children ages 5 to 17,
inclusive, in the school district of the local edu-
cational agency involved from families below the
poverty level as determined under paragraph
(2); and
‘‘(B) the number of children (determined
under paragraph (4) for either the preceding
year as described in that paragraph, or for the
second preceding year, as the Secretary finds
appropriate) ages 5 to 17, inclusive, in the
school district of the local educational agency
involved in institutions for neglected and delin-
quent children (other than such institutions op-
erated by the United States), but not counted
pursuant to subpart 1 of part D for the pur-
poses of a grant to a State agency, or being
supported in foster homes with public funds.
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—
‘‘(A) NUMBER OF CHILDREN BELOW THE
POVERTY
LEVEL.—For purposes of this sub-
section, the Secretary shall determine the num-
120
ber of children ages 5 to 17, inclusive, from
families below the poverty level on the basis of
the most recent satisfactory data, described in
paragraph (3), that is available from the De-
partment of Commerce.
‘‘(B) SPECIAL RULES.—
‘‘(i) DISTRICT
OF
COLUMBIA
AND
PUERTO RICO.—The District of Columbia
and the Commonwealth of Puerto Rico
shall be treated as individual local edu-
cational agencies for purposes of this para-
graph.
‘‘(ii) MULTIPLE COUNTIES.—If a local
educational agency contains 2 or more
counties in their entirety, then each county
will be treated as if such county were a
separate local educational agency for pur-
poses of calculating grants under this part.
The total of grants for such counties shall
be allocated to such local educational agen-
cy and the local educational agency shall
distribute to schools in each county within
such agency a share of the local edu-
cational agency’s total grant in an amount
that is not less than the county’s share of
121
the population counts used to calculate the
local educational agency’s grant.
‘‘(3) POPULATION UPDATES.—
‘‘(A) IN GENERAL.—In fiscal year 2001,
and every 2 years thereafter, the Secretary shall
use updated data on the number of children,
ages 5 to 17, inclusive, from families below the
poverty level for local educational agencies or
counties, as published by the Department of
Commerce, unless the Secretary and the Sec-
retary of Commerce determine that the use of
the updated population data would be inappro-
priate or unreliable.
‘‘(B) CRITERIA
OF
POVERTY.—In deter-
mining the families which are below the poverty
level, the Secretary shall utilize the criteria of
poverty used by the Bureau of the Census in
compiling the most recent decennial census, in
such form as those criteria have been updated
by increases in the Consumer Price Index for
all urban consumers, published by the Bureau
of Labor Statistics.
‘‘(C) INAPPROPRIATE
OR
UNRELIABLE
DATA.—If the Secretary and the Secretary of
Commerce determine that some or all of the
122
data referred to in subparagraph (A) are inap-
propriate or unreliable, the Secretaries shall
publicly disclose the reasons for such deter-
mination.
‘‘(4) OTHER CHILDREN TO BE COUNTED.—
‘‘(A) IN GENERAL.—For the purposes of
this section, the Secretary shall—
‘‘(i) determine the number of children
ages 5 to 17, inclusive, from families above
the poverty line on the basis of the number
of such children from families receiving an
annual income in excess of the annual in-
come current criteria of poverty for pay-
ments under a State program funded
under part A of title IV of the Social Secu-
rity Act; and
‘‘(ii) in making a determination under
clause (i), utilize the criteria of poverty
used by the Bureau of the Census in com-
piling the most recent decennial census for
a family of 4 in such form as those criteria
have been updated by increases in the Con-
sumer Price Index for all urban con-
sumers, published by the Bureau of Labor
Statistics.
124
Services shall collect and transmit the informa-
tion required by this subparagraph to the Sec-
retary not later than January 1 of each year.
‘‘(5) ESTIMATE.—When requested by the Sec-
retary, the Secretary of Commerce shall make a spe-
cial updated estimate of the number of children of
such ages who are from families below the poverty
level in each school district, and the Secretary may
pay (either in advance or by way of reimbursement)
the Secretary of Commerce the cost of making this
special estimate. The Secretary of Commerce shall
give consideration to any request of the chief execu-
tive of a State for the collection of additional census
information.
‘‘(d) STATE
MINIMUM.—Notwithstanding section
1122, the aggregate amount allotted for all local edu-
cational agencies within a State may not be less than the
lesser of—
‘‘(1) 0.25 percent of total amount of grants
awarded under this section; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year under this
section; and
125
‘‘(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national aver-
age per pupil payment made with funds avail-
able under this section for that year.’’.
SEC. 119. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334.) is amended to read
as follows:
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1) ELIGIBILITY.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this paragraph, each local edu-
cational agency in a State other than Guam,
American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Is-
lands, that is eligible for a grant under section
1124 for any fiscal year shall be eligible for an
additional grant under this section for that fis-
cal year if the number of children counted
under section 1124(c) with respect to the agen-
cy exceeds—
‘‘(i) 6,500; or
126
‘‘(ii) 15 percent of the total number of
children ages 5 through 17, inclusive, in
the agency.
‘‘(B) 
MINIMUM
AMOUNT.—Notwith-
standing section 1122, no State described in
subparagraph (A) shall receive an amount
under this section that is less than the lesser
of—
‘‘(i) 0.25 percent of the total amount
of grants awarded under this section; or
‘‘(ii) the average of—
‘‘(I) one-quarter of 1 percent of
the amounts made available to carry
out this section for such fiscal year;
and
‘‘(II) the greater of—
‘‘(aa) $340,000; or
‘‘(bb) the number of chil-
dren in such State counted for
purposes of this section in that
fiscal year multiplied by 150 per-
cent of the national average per
pupil payment made with funds
available under this section for
that year.
127
‘‘(2) SPECIAL
RULE.—For each local edu-
cational agency eligible to receive an additional
grant under this section for any fiscal year the Sec-
retary shall determine the product of—
‘‘(A) the number of children counted under
section 1124(c) for that fiscal year; and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agen-
cies under section 1124(a)(1) for the fiscal year
for which the determination is being made di-
vided by the total number of children counted
under section 1124(c) for that agency for that
fiscal year.
‘‘(3) AMOUNT.—The amount of an additional
grant for which an eligible local educational agency
is eligible under this section for any fiscal year shall
be an amount that bears the same ratio to the
amount available to carry out this section for that
fiscal year as the product determined under para-
graph (2) for such local educational agency for that
fiscal year bears to the sum of such product for all
local educational agencies in the United States for
that fiscal year.
128
‘‘(4) LOCAL
ALLOCATIONS.—Grant amounts
under this section shall be determined in accordance
with section 1124(a)(2) and (3).
‘‘(b) STATES RECEIVING MINIMUM GRANTS.—With
respect to a State that receives a grant for the minimum
amount under subsection (a)(1)(B), the State educational
agency shall allocate such amount among the local edu-
cational agencies in each State either—
‘‘(1) in accordance with paragraphs (2) and (4)
of subsection (a); or
‘‘(2) based on their respective concentrations
and numbers of children counted under section
1124(c), except that only those local educational
agencies with concentrations or numbers of children
counted under section 1124(c) that exceed the state-
wide average percentage of such children or the
statewide average number of such children shall re-
ceive any funds on the basis of this paragraph.’’.
SEC. 120. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335) is amended to read
as follows:
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN-
CIES.—A local educational agency in a State shall be eligi-
129
ble to receive a targeted grant under this section for any
fiscal year if the number of children in the local edu-
cational agency counted under subsection 1124(c), before
the application of the weighting factor described in sub-
section (c), is at least 10, and if the number of children
counted for grants under section 1124 is at least 5 percent
of the total population age 5 to 17 years, inclusive, in the
local educational agency.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—
‘‘(1) IN
GENERAL.—The amount of a grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be equal to the prod-
uct of—
‘‘(A) the weighted child count determined
under subsection (c); and
‘‘(B) the amount determined under section
1124(a)(1)(B).
‘‘(2) PUERTO RICO.—For each fiscal year, the
amount of the grant for which the Commonwealth of
Puerto Rico is eligible to receive under this section
shall be equal to the number of children counted
under subsection (c) for Puerto Rico, multiplied by
the amount determined under section 1124(a)(4).
130
‘‘(c) WEIGHTED CHILD COUNT.—
‘‘(1) IN GENERAL.—For each fiscal year, the
weighted child count used to determine a local edu-
cational agency’s grant under this section shall be
equal to the sum of—
‘‘(A) the number of children determined
under section 1124(c) for that local educational
agency constituting up to 14.265 percent, inclu-
sive, of the agency’s total population ages 5 to
17, inclusive, multiplied by 1.0;
‘‘(B) the number of such children consti-
tuting more than 14.265 percent, but not more
than 21.553 percent, of such population, multi-
plied by 1.75;
‘‘(C) the number of such children consti-
tuting more than 21.553 percent, but not more
than 29.223 percent, of such population, multi-
plied by 2.5;
‘‘(D) the number of such children consti-
tuting more than 29.223 percent, but not more
than 36.538 percent, of such population, multi-
plied by 3.25; and
‘‘(E) the number of such children consti-
tuting more than 36.538 percent of such popu-
lation, multiplied by 4.0.
131
‘‘(2) PUERTO RICO.—Notwithstanding subpara-
graph (A), the weighted child count for Puerto Rico
under this paragraph shall not be greater than the
total number of children counted under section
1124(c) multiplied by 1.72.
‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grants
under this section shall be calculated in accordance with
section 1124(a)(2) and (3).
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section or section 1122, from the total
amount made available for any fiscal year to carry out
this section, each State shall be allotted at least the lesser
of—
‘‘(1) 0.25 percent of the total amount of grants
awarded under this section; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year to carry
out this section; and
‘‘(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State’s total
number 
of 
children 
described 
in 
section
132
1124(c), without application of a weighting fac-
tor.’’.
SEC. 121. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337) is amended to read
as follows:
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
‘‘(1) IN
GENERAL.—If a State educational
agency determines that a local educational agency in
the State is unable or unwilling to provide for the
special educational needs of children who are living
in institutions for neglected children as described in
subparagraph (B) of section 1124(c)(1), the State
educational agency shall, if such agency assumes re-
sponsibility for the special educational needs of such
children, receive the portion of such local educational
agency’s allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
‘‘(2) SPECIAL RULE.—If the State educational
agency does not assume the responsibility described
in paragraph (1), any other State or local public
agency that does assume such responsibility shall re-
ceive that portion of the local educational agency’s
allocation.
133
‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL
AGENCIES.—The State educational agency may allocate
the amounts of grants under sections 1124, 1124A, and
1125 among the affected local educational agencies—
‘‘(1) if 2 or more local educational agencies
serve, in whole or in part, the same geographical
area;
‘‘(2) if a local educational agency provides free
public education for children who reside in the
school district of another local educational agency;
or
‘‘(3) to reflect the merger, creation, or change
of boundaries of 1 or more local educational agen-
cies.
‘‘(c) REALLOCATION.—If a State educational agency
determines that the amount of a grant that a local edu-
cational agency would receive under sections 1124, 1124A,
and 1125 is more than such local agency will use, the
State educational agency shall make the excess amount
available to other local educational agencies in the State
that need additional funds in accordance with criteria es-
tablished by the State educational agency.’’.
134
PART B—EVEN START FAMILY LITERACY
PROGRAMS
SEC. 131. PROGRAM AUTHORIZED.
Section 1202(c) (20 U.S.C. 6362(c)) is amended—
(1) in paragraph (1), by striking ‘‘section
2260(b)(3)’’ and inserting ‘‘section 7005(c)’’;
(2) by striking paragraph (2)(C); and
(3) in paragraph (3)—
(A) by striking ‘‘is defined’’ and inserting
‘‘was defined’’; and
(B) by inserting ‘‘as such section was in
effect on the day preceding the date of enact-
ment of the Public Education Reinvestment,
Reinvention, and Responsibility Act’’ after
‘‘2252’’.
SEC. 132. APPLICATIONS.
Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) is
amended by striking ‘‘the Goals 2000’’ and all that follows
through the period and inserting ‘‘or other Acts, as appro-
priate, consistent with section 8305.’’.
SEC. 133. RESEARCH.
Section 1211(b) (20 U.S.C. 6396b(b)) is amended to
read as follows:
‘‘(b) DISSEMINATION.—The Secretary shall dissemi-
nate, or designate another entity to disseminate, the re-
135
sults of the research described in subsection (a) to States
and recipients of subgrants under this part.’’.
PART C—EDUCATION OF MIGRATORY CHILDREN
SEC. 141. COMPREHENSIVE NEEDS ASSESSMENT AND SERV-
ICE-DELIVERY PLAN; AUTHORIZED ACTIVI-
TIES.
Section 1306(a)(1) (20 U.S.C. 6369(a)(1)) is
amended—
(1) in subparagraph (A), by striking ‘‘the Goals
2000’’ and all that follows through the period and
inserting ‘‘or other Acts, as appropriate, consistent
with section 8305;’’;
(2) in subparagraph (B), by striking ‘‘section
14302’’ and inserting ‘‘section 8302’’; and
(3) in subparagraph (F), by striking ‘‘bilingual
education’’ and all that follows and inserting ‘‘lan-
guage instruction programs under title III; and’’.
PART D—PREVENTION AND INTERVENTION PRO-
GRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT RISK
OF DROPPING OUT
SEC. 151. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 (20 U.S.C. 6434) is amended—
(1) in subsection (a)(1), by striking ‘‘the Goals
2000’’ and all that follows through the period and
136
inserting ‘‘or other Acts, as appropriate, consistent
with section 8305.’’; and
(2) in subsection (c)—
(A) in paragraph (6), by striking ‘‘section
14701’’ and inserting ‘‘section 8701’’; and
(B) in paragraph (7), by striking ‘‘section
14501’’ and inserting ‘‘section 8501’’.
SEC. 152. USE OF FUNDS.
Section 1415(a)(2)(D) (20 U.S.C. 6435(a)(2)(D)) is
amended by striking ‘‘section 14701’’ and inserting ‘‘sec-
tion 8701’’.
PART E—FEDERAL EVALUATIONS,
DEMONSTRATIONS, AND TRANSITION PROJECTS
SEC. 161. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended—
(1) in subsection (a)(4)—
(A) by striking ‘‘January 1, 1996’’ and in-
serting ‘‘January 1, 2002’’; and
(B) by striking ‘‘January 1, 1999’’ and in-
serting ‘‘January 1, 2005’’;
(2) in subsection (b)(1), by striking ‘‘December
31, 1997’’ and inserting ‘‘December 31, 2003’’; and
(3) in subsection (e)(2), by striking ‘‘December
31, 1996’’ and inserting ‘‘December 31, 2002’’.
137
SEC. 162. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
Section 1502 (20 U.S.C. 6492) is amended to read
as follows:
‘‘SEC. 1502. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the coun-
try have shown impressive gains in student per-
formance through the use of comprehensive
models for schoolwide change that incorporate
virtually all aspects of school operations.
‘‘(B) No single comprehensive school re-
form model may be suitable for every school,
however, schools should be encouraged to exam-
ine successful, externally developed comprehen-
sive school reform approaches as they under-
take comprehensive school reform.
‘‘(C) Comprehensive school reform is an
important means by which children are assisted
in meeting challenging State student perform-
ance standards.
‘‘(2) PURPOSE.—The purpose of this section is
to provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
ically based research and effective practices that in-
clude an emphasis on basic academics and parental
138
involvement so that all children can meet challenging
State content and performance standards.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
‘‘(A) RESERVATION.—Of the amount ap-
propriated under this section, the Secretary
may reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands; and
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities de-
scribed under subsection (e).
‘‘(B) IN
GENERAL.—Of the amount of
funds remaining after the reservation under
subparagraph (A), the Secretary shall allocate
to each State for a fiscal year, an amount that
bears the same ratio to the amount appro-
139
priated for that fiscal year as the amount made
available under section 1124 to the State for
the preceding fiscal year bears to the total
amount allocated under section 1124 to all
States for that year.
‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Sec-
retary shall reallocate such funds to other
States that do apply in proportion to the
amount allocated to such States under subpara-
graph (B).
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN
GENERAL.—Each State edu-
cational agency that desires to receive a grant
under this section shall submit an application to
the Secretary at such time, in such manner and
containing such other information as the Sec-
retary may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) the process and selection criteria
by which the State educational agency,
using expert review, will select local edu-
140
cational agencies to receive subgrants
under this section;
‘‘(ii) how the agency will ensure that
only comprehensive school reforms that are
based on scientifically based research re-
ceive funds under this section;
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based
on scientifically based research;
‘‘(iv) how the agency will evaluate the
implementation of such reforms and meas-
ure the extent to which the reforms re-
sulted in increased student academic per-
formance; and
‘‘(v) how the agency will provide, upon
request, technical assistance to the local
educational agency in evaluating, devel-
oping, and implementing comprehensive
school reform.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
141
local educational agencies receiving funds under
part A.
‘‘(B) GRANT REQUIREMENTS.—A grant to
a local educational agency shall be—
‘‘(i) of sufficient size and scope to
support the initial costs for the particular
comprehensive school reform plan selected
or designed by each school identified in the
application of the local educational agency;
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
‘‘(iii) renewable for two additional 1-
year periods after the initial 1-year grant
is made if schools are making substantial
progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(c);
and
‘‘(ii) demonstrate a commitment to
assist schools with budget allocation, pro-
142
fessional development, and other strategies
necessary to ensure the comprehensive
school reforms are properly implemented
and are sustained in the future.
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
urban and rural areas, and to schools serving
elementary and secondary students.
‘‘(E) ADMINISTRATIVE
COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made avail-
able under this section shall be used to supple-
ment, not supplant, any other Federal, State,
or local funds that would otherwise be available
to carry out this section.
‘‘(3) 
REPORTING.—Each 
State 
educational
agency that receives an award under this section
shall provide to the Secretary such information as
the Secretary may require, including the names of
143
local educational agencies and schools selected to re-
ceive subgrant awards under this section, the
amount of such award, and a description of the com-
prehensive school reform model selected and in use.
‘‘(d) LOCAL AWARDS.—
‘‘(1) IN
GENERAL.—Each local educational
agency that applies for a subgrant under this section
shall—
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
‘‘(B) describe the scientifically based com-
prehensive school reforms that such schools will
implement;
‘‘(C) describe how the agency will provide
technical assistance and support for the effec-
tive implementation of the scientifically based
school reforms selected by such schools; and
‘‘(D) describe how the agency will evaluate
the implementation of such reforms and meas-
ure the results achieved in improving student
academic performance.
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
144
under this section shall provide such funds to
schools that implement a comprehensive school re-
form program that—
‘‘(A) employs innovative strategies and
proven methods for student learning, teaching,
and school management that are based on sci-
entifically based research and effective practices
and have been replicated successfully in schools
with diverse characteristics;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, pro-
fessional development, parental involvement,
and school management, that aligns the school’s
curriculum, technology, professional develop-
ment into a comprehensive reform plan for
schoolwide change designed to enable all stu-
dents to meet challenging State content and
challenging student performance standards and
addresses needs identified through a school
needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
145
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
‘‘(H) includes a plan for the evaluation of
the implementation of school reforms and the
student results achieved; and
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school re-
form effort.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using the approaches
146
identified or developed by the Department of Edu-
cation, but may develop its own comprehensive
school reform programs for schoolwide change that
comply with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effec-
tiveness of comprehensive school reforms in schools
with diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) DEFINITION.—The term ‘scientifically based
research’—
147
‘‘(1) means the application of rigorous, system-
atic, and objective procedures in the development of
comprehensive school reform models; and
‘‘(2) shall include research that—
‘‘(A) employs systematic, empirical meth-
ods that draw on observation or experiment;
‘‘(B) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
‘‘(C) relies on measurements or observa-
tional methods that provide valid data across
evaluators and observers and across multiple
measurements and observations; and
‘‘(D) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objec-
tive, and scientific review.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Funds
appropriated for any fiscal year under section 1002(f)
shall be used for carrying out the activities under this sec-
tion.’’.
PART F—RURAL EDUCATION DEVELOPMENT
INITIATIVE
SEC. 171. RURAL EDUCATION DEVELOPMENT INITIATIVE.
Title I (20 U.S.C. 6301 et seq.) is amended—
148
(1) by redesignating part F (20 U.S.C. 6511 et
seq.) as part G;
(2) by redesignating sections 1601 through
1604 (20 U.S.C. 6511, 6514) as sections 1701
through 1704, respectively, and by redesignating ac-
cordingly the references to such sections in part G
(as so redesignated); and
(3) by inserting after part E (20 U.S.C. 6491
et seq.) the following:
‘‘PART F—RURAL EDUCATION DEVELOPMENT
INITIATIVE
‘‘SEC. 1601. FINDINGS.
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act of 2000’.
‘‘SEC. 1602. FINDINGS.
‘‘Congress finds the following:
‘‘(1) The National Center for Educational Sta-
tistics reports that 46 percent of our Nation’s public
schools serve rural areas.
‘‘(2) While there are rural education initiatives
identified at the State and local level, no Federal
education policy focuses on the specific and unique
needs of rural school districts and schools.
‘‘(3) Small school districts often cannot use
Federal grant funds distributed by formula because
149
the formula allocation does not provide enough rev-
enue to carry out the program the grant is intended
to fund.
‘‘(4) Rural schools often cannot compete for
Federal funding distributed by competitive grants
because the schools lack the personnel needed to
prepare grant applications and the resources to hire
specialists in the writing of Federal grant proposals.
‘‘(5) A critical problem for rural school districts
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in read-
ing, science, and mathematics). As a result, teachers
in rural schools are almost twice as likely to provide
instruction in 3 or more subject areas than teachers
in urban schools. Rural schools also face other tough
challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
‘‘Subpart 1—Small and Rural School Program
‘‘SEC. 1611. FORMULA GRANT PROGRAM AUTHORIZED.
‘‘(a) ALTERNATIVE USES.—
‘‘(1) IN GENERAL.—Notwithstanding any other
provision of law, an eligible local educational agency
may use the applicable funding, that the agency is
eligible to receive from the State educational agency
152
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds used
under this section shall be used to supplement and not
supplant any other Federal, State, or local education
funds that would otherwise be available for the purpose
of this subpart.
‘‘(f) SPECIAL RULE.—References in Federal law to
funds for the provisions of law set forth in subsection (c)
may be considered to be references to funds for this sec-
tion.
‘‘SEC. 1612. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to eligible local educational agencies to en-
able the local educational agencies to support local or
statewide education reform efforts intended to improve the
academic achievement of elementary school and secondary
school students and the quality of instruction provided for
the students.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—A local educational agency
shall be eligible to receive a grant under this section
if—
‘‘(A)(i) the total number of students in av-
erage daily attendance at all of the schools
served by the local educational agency is less
than 600; and
154
described under section 1611(c) for the preceding
fiscal year.
‘‘(2) 
DETERMINATION
OF
THE
INITIAL
AMOUNT.—The initial amount referred to in para-
graph (1) is equal to $100 multiplied by the total
number of students, over 50 students, in average
daily attendance in such eligible agency plus
$20,000, except that the initial amount may not ex-
ceed $60,000.
‘‘(3) RATABLE ADJUSTMENT.—
‘‘(A) IN GENERAL.—If the amount made
available for this subpart for any fiscal year is
not sufficient to pay in full the amounts that
local educational agencies are eligible to receive
under paragraph (1) for such year, the Sec-
retary shall ratably reduce such amounts for
such year.
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year,
payments that were reduced under subpara-
graph (A) shall be increased on the same basis
as such payments were reduced.
‘‘(5) CENSUS DETERMINATION.—
155
‘‘(A) IN GENERAL.—Each local educational
agency desiring a grant under this section shall
conduct a census not later than December 1 of
each year to determine the number of kinder-
garten through grade 12 students in average
daily attendance at the schools served by the
local educational agency.
‘‘(B) SUBMISSION.—Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
‘‘(d) DISBURSAL.—The Secretary shall disburse the
funds awarded to a local educational agency under this
section for a fiscal year not later than July 1 of that year.
‘‘(e) SPECIAL RULE.—A local educational agency
that is eligible to receive a grant under this subpart for
a fiscal year shall be ineligible to receive funds for such
fiscal year under subpart 2.
‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section shall be used to supplement
and not supplant any other Federal, State or local edu-
cation funds.
‘‘SEC. 1613. ACCOUNTABILITY.
‘‘(a) ACADEMIC ACHIEVEMENT.—
156
‘‘(1) IN
GENERAL.—Each local educational
agency that uses or receives funds under section
1611 or 1612 for a fiscal year shall administer an
assessment consistent with section 1111 of title I.
‘‘(2) SPECIAL
RULE.—Each local educational
agency that uses or receives funds under section
1611 or 1612 shall use the same assessment de-
scribed in paragraph (1) for each year of participa-
tion in the program under such section.
‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION
REGARDING CONTINUING PARTICIPATION.—Each State
educational agency that receives funding under the provi-
sions of law described in section 1611(c) shall—
‘‘(1) after the 2d year that a local educational
agency participates in a program under section 1611
or 1612 and on the basis of the results of the as-
sessments described in subsection (a), determine
whether the students served by the local educational
agency participating in the program performed in
accordance with section 1111 of title I; and
‘‘(2) only permit those local educational agen-
cies that so participated and met the requirements
of section 1111(b)(2) of title I to continue to so par-
ticipate.
157
‘‘Subpart 2—Low-Income And Rural School Program
‘‘SEC. 1621. PROGRAM AUTHORIZED.
‘‘(a) RESERVATIONS.—From amounts appropriated
under section 1632 for this subpart for a fiscal year, the
Secretary shall reserve 1⁄2 of 1 percent to make awards
to elementary or secondary schools operated or supported
by the Bureau of Indian Affairs to carry out the purpose
of this subpart.
‘‘(b) GRANTS TO STATES.—
‘‘(1) IN
GENERAL.—From amounts appro-
priated under section 1632 for this subpart that are
not reserved under subsection (a), the Secretary
shall award grants for a fiscal year to State edu-
cational agencies that have applications approved
under section 1623 to enable the State educational
agencies to award subgrants to eligible local edu-
cational agencies for local authorized activities de-
scribed in subsection (c)(2).
‘‘(2) 
ALLOCATION.—From 
amounts 
appro-
priated for this subpart, the Secretary shall allocate
to each State educational agency for a fiscal year an
amount that bears the same ratio to the amount of
funds appropriated under section 1632 for this sub-
part that are not reserved under subsection (a) as
the number of students in average daily attendance
served by eligible local educational agencies in the
158
State bears to the number of all such students
served by eligible local educational agencies in all
States for that fiscal year.
‘‘(3) DIRECT
AWARDS
TO
SPECIALLY
QUALI-
FIED AGENCIES.—
‘‘(A) NONPARTICIPATING
STATE.—If a
State educational agency elects not to partici-
pate in the program under this subpart or does
not have an application approved under section
1623 a specially qualified agency in such State
desiring a grant under this subpart shall apply
directly to the Secretary to receive an award
under this subpart.
‘‘(B) DIRECT
AWARDS
TO
SPECIALLY
QUALIFIED
AGENCIES.—The Secretary may
award, on a competitive basis, the amount the
State educational agency is eligible to receive
under paragraph (2) directly to specially quali-
fied agencies in the State.
‘‘(c) LOCAL AWARDS.—
‘‘(1) ELIGIBILITY.—A local educational agency
shall be eligible to receive funds under this subpart
if—
‘‘(A) 20 percent or more of the children
aged 5 to 17, inclusive, served by the local edu-
159
cational agency are from families with incomes
below the poverty line; and
‘‘(B) all of the schools served by the agen-
cy are located in a community with a Rural-
Urban Continuum Code of 6, 7, 8, or 9, as de-
termined by the Secretary of Agriculture.
‘‘(2) USES OF FUNDS.—Grant funds awarded
to local educational agencies or made available to
schools under this subpart shall be used for—
‘‘(A) educational technology, including
software and hardware;
‘‘(B) professional development;
‘‘(C) technical assistance;
‘‘(D) teacher recruitment and retention;
‘‘(E) parental involvement activities; or
‘‘(F) academic enrichment programs.
‘‘SEC. 1622. STATE DISTRIBUTION OF FUNDS.
‘‘(a) AWARD BASIS.—A State educational agency
shall award grants to eligible local educational agencies—
‘‘(1) on a competitive basis; or
‘‘(2) according to a formula based on the num-
ber of students in average daily attendance served
by the eligible local educational agencies or schools
(as appropriate) in the State, as determined by the
State.
160
‘‘(b) ADMINISTRATIVE COSTS.—A State educational
agency receiving a grant under this subpart may not use
more than 5 percent of the amount of the grant for State
administrative costs.
‘‘SEC. 1623. APPLICATIONS.
‘‘Each State educational agency and specially quali-
fied agency desiring to receive a grant under this subpart
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as
the Secretary may require. Such application shall include
specific measurable goals and objectives to be achieved
which may include specific educational goals and objec-
tives relating to increased student academic achievement,
decreased student drop-out rates, or such other factors
that the State educational agency or specially qualified
agency may choose to measure.
‘‘SEC. 1624. REPORTS.
‘‘(a) STATE
REPORTS.—Each State educational
agency that receives a grant under this subpart shall pro-
vide an annual report to the Secretary. The report shall
describe—
‘‘(1) the method the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
161
‘‘(2) how local educational agencies and schools
used funds provided under this subpart; and
‘‘(3) the degree to which progress has been
made toward meeting the goals and objectives de-
scribed in the application submitted under section
1623.
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—
Each specially qualified agency that receives a grant under
this subpart shall provide an annual report to the Sec-
retary. Such report shall describe—
‘‘(1) how such agency uses funds provided
under this subpart; and
‘‘(2) the degree to which progress has been
made toward meeting the goals and objectives de-
scribed in the application submitted under section
1621(b)(4)(A).
‘‘(c) REPORT TO CONGRESS.—The Secretary shall
prepare and submit to the Committee on Education and
the Workforce for the House of Representatives and the
Committee on Health, Education, Labor, and Pensions for
the Senate an annual report. The report shall describe—
‘‘(1) the methods the State educational agency
used to award grants to eligible local educational
agencies and to provide assistance to schools under
this subpart;
162
‘‘(2) how eligible local educational agencies and
schools used funds provided under this subpart; and
‘‘(3) progress made in meeting specific measur-
able educational goals and objectives.
‘‘SEC. 1625. DEFINITIONS.
‘‘For the purposes of this subpart—
‘‘(1) The term ‘poverty line’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of
the size involved.
‘‘(2) The term ‘specially qualified agency’
means an eligible local educational agency, located in
a State that does not participate in a program under
this subpart in a fiscal year, that may apply directly
to the Secretary for a grant in such year in accord-
ance with section 1621(b)(4).
‘‘Subpart 3—General Provisions
‘‘SEC. 1631. DEFINITION.
‘‘For the purposes of this part, the term ‘State’
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
163
‘‘SEC. 1632. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $125,000,000 for fiscal year 2000 and such sums
as may be necessary for each of 4 succeeding fiscal years
to be distributed equally between subparts 1 and 2.’’.
PART G—GENERAL PROVISIONS
SEC. 181. FEDERAL REGULATIONS.
Section 1701(b)(4) (20 U.S.C. 6511(b)(4)) (as redes-
ignated by section 161(2)) is amended by striking ‘‘July
1, 1995’’ and inserting ‘‘May 1, 2000’’.
SEC. 182. STATE ADMINISTRATION.
Section 1703 (20 U.S.C. 6513) (as redesignated by
section 161(2)) is amended by striking subsection (c).
TITLE II—TEACHER AND PRIN-
CIPAL 
QUALITY, 
PROFES-
SIONAL DEVELOPMENT, AND
CLASS SIZE
SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFES-
SIONAL DEVELOPMENT, AND CLASS SIZE.
Title II (20 U.S.C. 6601 et seq.) is amended to read
as follows:
164
‘‘TITLE II—TEACHER AND PRIN-
CIPAL 
QUALITY, 
PROFES-
SIONAL DEVELOPMENT, AND
CLASS SIZE
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this title is to provide grants to
State educational agencies and local educational agencies
in order to assist their efforts to increase student academic
achievement through such strategies as improving teacher
and principal quality, increasing professional development,
and decreasing class size.
‘‘SEC. 2002. DEFINITIONS.
‘‘In this title:
‘‘(1) FULLY QUALIFIED.—The term ‘fully quali-
fied’ means—
‘‘(A) in the case of an elementary school
teacher (other than a teacher teaching in a pub-
lic charter school), a teacher who, at a
minimum—
‘‘(i) has obtained State certification
(which may include certification obtained
through alternative means), or a State li-
cense, to teach in the State in which the
teacher teaches;
165
‘‘(ii) holds a bachelor’s degree from
an institution of higher education; and
‘‘(iii) demonstrates subject matter
knowledge, teaching knowledge, and the
teaching skills required to teach effectively
reading, writing, mathematics, science, so-
cial studies, and other elements of a liberal
arts education; and
‘‘(B) in the case of a secondary school
teacher (other than a teacher teaching in a pub-
lic charter school), a teacher who, at a
minimum—
‘‘(i) has obtained State certification
(which may include certification obtained
through alternative means), or a State li-
cense, to teach in the State in which the
teacher teaches;
‘‘(ii) holds a bachelor’s degree from
an institution of higher education; and
‘‘(iii) demonstrates a high level of
competence in all subject areas in which
the teacher teaches through—
‘‘(I) completion of an academic
major (or courses totaling an equiva-
lent number of credit hours) in each
166
of the subject areas in which the
teacher provides instruction;
‘‘(II) achievement of a high level
of performance in other professional
employment experience in subject
areas relevant to the subject areas in
which the teacher provides instruc-
tion; or
‘‘(III) achievement of a high level
of performance on rigorous academic
subject area tests administered by the
State in which the teacher teaches.
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ means an
institution of higher education, as defined in section
101 of the Higher Education Act of 1965, that—
‘‘(A) has not been identified as low per-
forming under section 208 of the Higher Edu-
cation Act of 1965; and
‘‘(B) is in full compliance with the public
reporting requirements described in section 207
of the Higher Education Act of 1965.
‘‘(3) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands,
167
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
‘‘(4) POVERTY LINE.—The term ‘poverty line’
means 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) applicable to a family of
the size involved, for the most recent year.
‘‘(5) SCHOOL-AGE
POPULATION.—The term
‘school-age population’ means the population aged 5
through 17, as determined on the basis of the most
recent satisfactory data.
‘‘(6) STATE.—The term ‘State’ means each of
the several States in the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘PART A—TEACHER AND PRINCIPAL QUALITY
AND PROFESSIONAL DEVELOPMENT
‘‘SEC. 2011. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award a grant, from allotments made under subsection
(b), to each State having a State plan approved under sec-
tion 2013, to enable the State to raise the quality of, and
provide professional development opportunities for, public
elementary school and secondary school teachers, prin-
cipals, and administrators.
168
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 2023 to carry out this part for
each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Bureau of Indian Affairs for
activities, approved by the Secretary, consistent
with this part;
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs as deter-
mined by the Secretary, for activities, approved
by the Secretary, consistent with this part; and
‘‘(C) such sums as may be necessary to
continue to support any multiyear partnership
program award made under parts A, C, and D
(as such parts were in effect on the day pre-
ceding the date of enactment of the Public Edu-
cation Reinvestment, Reinvention, and Respon-
sibility Act) until the termination of the
multiyear award.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under section 2023 for a fiscal year
and remaining after the Secretary makes reserva-
tions under paragraph (1), the Secretary shall allot
169
to each State having a State plan approved under
section 2013 the sum of—
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of the remainder as the
school-age population from families with in-
comes below the poverty line in the State bears
to the school-age population from families with
incomes below the poverty line in all States; and
‘‘(B) an amount that bears the same rela-
tionship to 50 percent of the remainder as the
school-age population in the State bears to the
school-age population in all States.
‘‘(c) STATE MINIMUM.—For any fiscal year, no State
shall be allotted under this section an amount that is less
than 1⁄2 of 1 percent of the total amount allotted to all
States under subsection (b)(2).
‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year
2001, notwithstanding subsection (b)(2), the amount al-
lotted to each State under this section shall be not less
than 100 percent of the total amount the State was allot-
ted under part B (as such part was in effect on the day
preceding the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act) for
the preceding fiscal year.
171
by all local educational agencies in the State;
and
‘‘(B) an amount that bears the same rela-
tionship to 40 percent of the remainder as the
school-age population in the area served by the
local educational agency bears to the school-age
population in the area served by all local edu-
cational agencies in the State.
‘‘(b) HOLD-HARMLESS AMOUNTS.—
‘‘(1) FISCAL YEAR 2001.—For fiscal year 2001,
notwithstanding subsection (a), the amount allocated
to each local educational agency under this section
shall be not less than 100 percent of the total
amount the local educational agency was allocated
under this title (as in effect on the day preceding the
date of enactment of the Public Education Reinvest-
ment, Reinvention, and Responsibility Act) for fiscal
year 2000.
‘‘(2) FISCAL YEAR 2002.—For fiscal year 2002,
notwithstanding subsection (a), the amount allocated
to each local educational agency under this section
shall be not less than 85 percent of the amount allo-
cated to the local educational agency under this sec-
tion for fiscal year 2001.
172
‘‘(3) FISCAL YEARS 2003–2005.—For each of fis-
cal years 2003 through 2005, notwithstanding sub-
section (a), the amount allocated to each local edu-
cational agency under this section shall be not less
than 70 percent of the amount allocated to the local
educational agency under this section for the pre-
vious fiscal year.
‘‘(c) RATABLE REDUCTIONS.—If the sums made
available under subsection (a)(3) for any fiscal year are
insufficient to pay the full amounts that all local edu-
cational agencies are eligible to receive under subsection
(b) for such year, the State educational agency shall rat-
ably reduce such amounts for such year.
‘‘SEC. 2013. STATE PLANS.
‘‘(a) PLAN REQUIRED.—
‘‘(1) COMPREHENSIVE STATE PLAN.—The enti-
ty or agency responsible for teacher certification or
licensing under the laws of the State desiring a
grant under this part shall submit a State plan to
the Secretary at such time, in such manner, and ac-
companied by such information as the Secretary may
require. If the State educational agency is not the
entity or agency designated under the laws of the
State as responsible for teacher certification or li-
censing in the State, then the plan shall be devel-
173
oped in consultation with the State educational
agency. The entity or agency shall provide annual
evidence of such consultation to the Secretary.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 8302.
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall—
‘‘(1) describe how the State is taking reasonable
steps to—
‘‘(A) reform teacher certification, recertifi-
cation, or licensure requirements to ensure
that—
‘‘(i) teachers have the necessary
teaching skills and academic content
knowledge in the academic subjects in
which the teachers are assigned to teach;
‘‘(ii) such requirements are aligned
with the challenging State content stand-
ards;
‘‘(iii) teachers have the knowledge and
skills necessary to help students meet the
challenging State student performance
standards;
174
‘‘(iv) such requirements take into ac-
count the need, as determined by the
State, for greater access to, and participa-
tion in, the teaching profession by individ-
uals from historically underrepresented
groups; and
‘‘(v) teachers have the necessary tech-
nological skills to integrate more effectively
technology in the teaching of content re-
quired by State and local standards in all
academic subjects in which the teachers
provide instruction;
‘‘(B) develop and implement rigorous test-
ing procedures for teachers, as required in sec-
tion 2002(1)(A), to ensure that the teachers
have teaching skills and academic content
knowledge necessary to teach effectively the
content called for by State and local standards
in all academic subjects in which the teachers
provide instruction;
‘‘(C) establish, expand, or improve alter-
native routes to State certification of teachers,
especially in the areas of mathematics and
science, for highly qualified individuals with a
baccalaureate degree, including mid-career pro-
175
fessionals from other occupations, paraprofes-
sionals, former military personnel, and recent
college or university graduates who have
records of academic distinction and who dem-
onstrate the potential to become highly effective
teachers;
‘‘(D) reduce emergency teacher certifi-
cation;
‘‘(E) develop and implement effective pro-
grams, and provide financial assistance, to as-
sist local educational agencies, elementary
schools, and secondary schools in effectively re-
cruiting and retaining fully qualified teachers
and principals, particularly in schools that have
the lowest proportion of fully qualified teachers
or the highest proportion of low-performing stu-
dents;
‘‘(F) provide professional development pro-
grams that meet the requirements described in
section 2019;
‘‘(G) provide programs that are designed
to assist new teachers during their first 3 years
of teaching, such as mentoring programs that—
‘‘(i) provide mentoring to new teach-
ers from veteran teachers with expertise in
176
the same subject matter as the new teach-
ers are teaching;
‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and as-
sisting teachers who are being mentored;
and
‘‘(iii) use standards or assessments
that are consistent with the State’s student
performance standards and the require-
ments for professional development activi-
ties described in section 2019 in order to
guide the new teachers;
‘‘(H) provide technical assistance to local
educational agencies in developing and imple-
menting activities described in section 2018;
and
‘‘(I) ensure that programs in core aca-
demic subjects, particularly in mathematics and
science, will take into account the need for
greater access to, and participation in, such
core academic subjects by students from histori-
cally underrepresented groups, including fe-
males, minorities, individuals with limited
English proficiency, the economically disadvan-
taged, and individuals with disabilities, by in-
177
corporating pedagogical strategies and tech-
niques that meet such students’ educational
needs;
‘‘(2) describe the activities for which assistance
is sought under the grant, and how such activities
will improve students’ academic achievement and
close academic achievement gaps of low-income, mi-
nority, and limited English proficient students;
‘‘(3) describe how the State will establish an-
nual numerical performance objectives under section
2014 for improving the qualifications of teachers
and the professional development of teachers, prin-
cipals, and administrators;
‘‘(4) contain an assurance that the State con-
sulted with local educational agencies, education-re-
lated community groups, nonprofit organizations,
parents, teachers, school administrators, local school
boards, institutions of higher education in the State,
and content specialists in establishing the perform-
ance objectives described in section 2014;
‘‘(5) describe how the State will hold local edu-
cational agencies, elementary schools, and secondary
schools accountable for meeting the performance ob-
jectives described in section 2014 and for reporting
annually on the local educational agencies’ and
178
schools’ progress in meeting the performance objec-
tives;
‘‘(6) describe how the State will ensure that a
local educational agency receiving a subgrant under
section 2012 will comply with the requirements of
this part;
‘‘(7) provide an assurance that the State will
require each local educational agency, elementary
school, or secondary school receiving funds under
this part to report publicly the local educational
agency’s or school’s annual progress with respect to
the performance objectives described in section
2014; and
‘‘(8) describe how the State will coordinate pro-
fessional development activities authorized under
this part with professional development activities
provided under other Federal, State, and local pro-
grams, including programs authorized under titles I
and III and, where appropriate, the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act of 1998.
‘‘(c) SECRETARY APPROVAL.—The Secretary shall,
using a peer review process, approve a State plan if the
plan meets the requirements of this section.
‘‘(d) DURATION OF THE PLAN.—
179
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of
the State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes to
the State’s strategies and programs carried out
under this part.
‘‘(2) ADDITIONAL
INFORMATION.—If a State
receiving a grant under this part makes significant
changes to the State plan, such as the adoption of
new performance objectives, the State shall submit
information regarding the significant changes to the
Secretary.
‘‘SEC. 2014. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State receiving a grant
under this part shall establish annual numerical perform-
ance objectives with respect to progress in improving the
qualifications of teachers and the professional development
of teachers, principals, and administrators. For each an-
nual numerical performance objective established, the
State shall specify an incremental percentage increase for
the objective to be attained for each of the fiscal years
for which the State receives a grant under this part, rel-
ative to the preceding fiscal year.
180
‘‘(b) REQUIRED OBJECTIVES.—At a minimum, the
annual numerical performance objectives described in sub-
section (a) shall include an incremental increase in the
percentage of—
‘‘(1) classes in core academic subjects that are
being taught by fully qualified teachers;
‘‘(2) new teachers and principals receiving pro-
fessional development support, including mentoring
for teachers, during the teachers’ first 3 years of
teaching;
‘‘(3) teachers, principals, and administrators
participating in high quality professional develop-
ment programs that are consistent with section
2019; and
‘‘(4) fully qualified teachers teaching in the
State, to ensure that all teachers teaching in such
State are fully qualified by December 31, 2003.
‘‘(c) REQUIREMENT FOR FULLY QUALIFIED TEACH-
ERS.—Each State receiving a grant under this part shall
ensure that all public elementary school and secondary
school teachers in the State are fully qualified not later
than December 31, 2003.
‘‘(d) ACCOUNTABILITY.—
‘‘(1) IN
GENERAL.—Each State receiving a
grant under this part shall be held accountable for—
181
‘‘(A) meeting the State’s annual numerical
performance objectives; and
‘‘(B) meeting the reporting requirements
described in section 4401.
‘‘(2) SANCTIONS.—Any State that fails to meet
the requirement described in paragraph (1)(A) shall
be subject to sanctions under section 7001.
‘‘(e) SPECIAL RULE.—Notwithstanding any other
provision of law, the provisions of subsection (c) shall not
supersede State laws governing public charter schools.
‘‘(f) COORDINATION.—Each State that receives a
grant under this part and a grant under section 202 of
the Higher Education Act of 1965 shall coordinate the
activities the State carries out under such section 202 with
the activities the State carries out under this section.
‘‘SEC. 2015. OPTIONAL ACTIVITIES.
‘‘Each State receiving a grant under section 2011(a)
may use the grant funds—
‘‘(1) to develop and implement a system to
measure the effectiveness of specific professional de-
velopment programs and strategies;
‘‘(2) to increase the portability of teacher pen-
sions and reciprocity of teaching certification or li-
censure among States, except that no reciprocity
agreement developed under this section may lead to
182
the weakening of any State teacher certification or
licensing requirement;
‘‘(3) to develop or assist local educational agen-
cies in the development and utilization of proven, in-
novative strategies to deliver intensive professional
development programs that are cost effective and
easily accessible, such as programs offered through
the use of technology and distance learning;
‘‘(4) to provide assistance to local educational
agencies for the development and implementation of
innovative professional development programs that
train teachers to use technology to improve teaching
and learning and that are consistent with the re-
quirements of section 2019;
‘‘(5) to provide professional development to en-
able teachers to ensure that female students, minor-
ity students, limited English proficient students, stu-
dents with disabilities, and economically disadvan-
taged students have the full opportunity to achieve
challenging State content and performance stand-
ards in the core academic subjects;
‘‘(6) to increase the number of women, minori-
ties, and individuals with disabilities who teach in
the State and who are fully qualified and provide in-
183
struction in core academic subjects in which such in-
dividuals are underrepresented; and
‘‘(7) to increase the number of highly qualified
women, minorities, and individuals from other
underrepresented groups who are involved in the ad-
ministration of elementary schools and secondary
schools within the State.
‘‘SEC. 2016. STATE ADMINISTRATIVE EXPENSES.
‘‘Each State receiving a grant under section 2011(a)
may use not more than 5 percent of the amount set aside
in section 2012(a)(2) for the cost of—
‘‘(1) planning and administering the activities
described in section 2013(b); and
‘‘(2) making subgrants to local educational
agencies under section 2012.
‘‘SEC. 2017. LOCAL PLANS.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a grant from the State under section 2012(a)(3)
shall submit a local plan to the State educational agency—
‘‘(1) at such time, in such manner, and accom-
panied by such information as the State educational
agency may require; and
‘‘(2) that describes how the local educational
agency will coordinate the activities for which assist-
ance is sought under this part with other programs
184
carried out under this Act, or other Acts, as appro-
priate.
‘‘(b) LOCAL PLAN CONTENTS.—The local plan de-
scribed in subsection (a) shall, at a minimum—
‘‘(1) describe how the local educational agency
will use the grant funds to meet the State perform-
ance objectives for teacher qualifications and profes-
sional development described in section 2014;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools
accountable for meeting the requirements described
in this part;
‘‘(3) contain an assurance that the local edu-
cational agency will target funds to elementary
schools and secondary schools served by the local
educational agency that—
‘‘(A) have the lowest proportion of fully
qualified teachers; and
‘‘(B) are identified for school improvement
under section 1116;
‘‘(4) describe how the local educational agency
will coordinate professional development activities
authorized under section 2018(a) with professional
development activities provided through other Fed-
eral, State, and local programs, including those au-
185
thorized under titles I and III and, where applicable,
the Individuals with Disabilities Education Act and
the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998; and
‘‘(5) describe how the local educational agency
has collaborated with teachers, principals, parents,
and administrators in the preparation of the local
plan.
‘‘SEC. 2018. LOCAL ACTIVITIES.
‘‘(a) IN GENERAL.—Each local educational agency
receiving a grant under section 2012(a)(3) shall use the
grant funds to—
‘‘(1) support professional development activities,
consistent with section 2019, for—
‘‘(A) teachers, in at least the areas of
reading, mathematics, and science; and
‘‘(B) teachers, principals, and administra-
tors in order to provide such individuals with
the knowledge and skills to provide all students,
including female students, minority students,
limited English proficient students, students
with disabilities, and economically disadvan-
taged students, with the opportunity to meet
challenging State content and student perform-
ance standards;
186
‘‘(2) provide professional development to teach-
ers, principals, and administrators to enhance the
use of technology within elementary schools and sec-
ondary schools in order to deliver more effective cur-
ricula instruction;
‘‘(3) recruit and retain fully qualified teachers
and highly qualified principals, particularly for ele-
mentary schools and secondary schools located in
areas with high percentages of low-performing stu-
dents and students from families below the poverty
line;
‘‘(4) recruit and retain fully qualified teachers
and high quality principals to serve in the elemen-
tary schools and secondary schools with the highest
proportion of low-performing students, such as
through—
‘‘(A) mentoring programs for newly hired
teachers, including programs provided by mas-
ter teachers, and for newly hired principals; and
‘‘(B) programs that provide other incen-
tives, including financial incentives, to retain—
‘‘(i) teachers who have a record of
success in helping low-performing students
improve those students’ academic success;
and
187
‘‘(ii) principals who have a record of
improving the performance of all students,
or significantly narrowing the gaps be-
tween minority students and nonminority
students, and economically disadvantaged
students and noneconomically disadvan-
taged students, within the elementary
schools or secondary schools served by the
principals; and
‘‘(5) provide professional development that in-
corporates effective strategies, techniques, methods,
and practices for meeting the educational needs of
diverse groups of students, including female stu-
dents, minority students, students with disabilities,
limited English proficient students, and economically
disadvantaged students.
‘‘(b) OPTIONAL ACTIVITIES.—Each local educational
agency receiving a grant under section 2012(a)(3) may
use the subgrant funds—
‘‘(1) to provide a signing bonus or other finan-
cial incentive, such as differential pay for—
‘‘(A) a teacher to teach in an academic
subject for which there exists a shortage of fully
qualified teachers within the elementary school
or secondary school in which the teacher teach-
188
es or within the elementary schools and sec-
ondary schools served by the local educational
agency; or
‘‘(B) a highly qualified principal in a
school in which there is a large percentage of
children—
‘‘(i) from low-income families; or
‘‘(ii) with high percentages of low-per-
formance scores on State assessments;
‘‘(2) to establish programs that—
‘‘(A) recruit professionals into teaching
from other fields and provide such professionals
with alternative routes to teacher certification,
especially in the areas of mathematics, science,
and English language arts; and
‘‘(B) provide increased teaching and ad-
ministration opportunities for fully qualified fe-
males, minorities, individuals with disabilities,
and other individuals underrepresented in the
teaching or school administration professions;
‘‘(3) to establish programs and activities that
are designed to improve the quality of the teacher
and principal force, such as innovative professional
development programs (which may be provided
through partnerships, including partnerships with
189
institutions of higher education), and including pro-
grams that—
‘‘(A) train teachers and principals to uti-
lize technology to improve teaching and learn-
ing; and
‘‘(B) are consistent with the requirements
of section 2019;
‘‘(4) to provide collaboratively designed per-
formance pay systems for teachers and principals
that encourage teachers and principals to work to-
gether to raise student performance;
‘‘(5) to establish professional development pro-
grams that provide instruction in how to teach chil-
dren with different learning styles, particularly chil-
dren with disabilities and children with special learn-
ing needs (including children who are gifted and tal-
ented);
‘‘(6) to establish professional development pro-
grams that provide instruction in how best to dis-
cipline children in the classroom, and to identify
early and appropriate interventions to help children
described in paragraph (5) learn;
‘‘(7) to provide professional development pro-
grams that provide instruction in how to teach char-
acter education in a manner that—
190
‘‘(A) reflects the values of parents, teach-
ers, and local communities; and
‘‘(B) incorporates elements of good char-
acter, including honesty, citizenship, courage,
justice, respect, personal responsibility, and
trustworthiness;
‘‘(8) to provide scholarships or other incentives
to assist teachers in attaining national board certifi-
cation;
‘‘(9) to support activities designed to provide ef-
fective professional development for teachers of lim-
ited English proficient students; and
‘‘(10) to establish other activities designed—
‘‘(A) to improve professional development
for teachers, principals, and administrators that
are consistent with section 2019; and
‘‘(B) to recruit and retain fully qualified
teachers and highly qualified principals.
‘‘(c) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant under section 2012(a)(3)
may use not more than 1.5 percent of the grant funds
for any fiscal year for the cost of administering activities
under this part.
191
‘‘SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) LIMITATION RELATING TO CURRICULUM AND
CONTENT AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a local educational agency may not use
grant funds allocated under section 2012(a)(3) to
support a professional development activity for a
teacher that is not—
‘‘(A) directly related to the curriculum for
which and content areas in which the teacher
provides instruction; or
‘‘(B) designed to enhance the ability of the
teacher to understand and use the State’s chal-
lenging content standards for the academic sub-
ject in which the teacher provides instruction.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to professional development activities that pro-
vide instruction in methods of disciplining children.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITY.—A
professional development activity carried out under this
part shall—
‘‘(1) be measured, in terms of progress de-
scribed in section 2014(a), using the specific per-
formance indicators established by the State in ac-
cordance with section 2014;
192
‘‘(2) be tied to challenging State or local con-
tent standards and student performance standards;
‘‘(3) be tied to scientifically based research
demonstrating the effectiveness of such activities in
increasing student achievement or substantially in-
creasing the knowledge and teaching skills of teach-
ers;
‘‘(4) be of sufficient intensity and duration
(such as not to include 1-day or short-term work-
shops and conferences) to have a positive and lasting
impact on teachers’ performance in the classroom,
except that this paragraph shall not apply to an ac-
tivity that is 1 component described in a long-term
comprehensive professional development plan estab-
lished by a teacher and the teacher’s supervisor, and
based upon an assessment of the needs of the teach-
er, the teacher’s students, and the local educational
agency;
‘‘(5) be developed with extensive participation
of teachers, principals, parents, administrators, and
local school boards of elementary schools and sec-
ondary schools to be served under this part, and in-
stitutions of higher education in the State, and, with
respect to any professional development program de-
scribed in paragraph (6) or (7) of section 2018(b),
193
shall, if applicable, be developed with extensive co-
ordination with, and participation of, professionals
with expertise in such type of professional develop-
ment;
‘‘(6) to the extent appropriate, provide training
for teachers regarding using technology and applying
technology effectively in the classroom to improve
teaching and learning concerning the curriculum and
academic content areas, in which those teachers pro-
vide instruction; and
‘‘(7) be directly related to the content areas in
which the teachers provide instruction and the State
content standards.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—A State shall notify a local
educational agency that the agency may be subject
to the action described in paragraph (3) if, after any
fiscal year, the State determines that the programs
or activities funded by the agency under this part
fail to meet the requirements of subsections (a) and
(b).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has received notification pursu-
ant to paragraph (1) may request technical assist-
ance from the State and an opportunity for such
194
local educational agency to comply with the require-
ments of subsections (a) and (b).
‘‘(3) STATE EDUCATIONAL AGENCY ACTION.—If
a State educational agency determines that a local
educational agency failed to carry out the local edu-
cational agency’s responsibilities under this section,
the State educational agency shall take such action
as the agency determines to be necessary, consistent
with this section, to provide, or direct the local edu-
cational agency to provide, high-quality professional
development for teachers, principals, and adminis-
trators.
‘‘SEC. 2020. PARENTS’ RIGHT TO KNOW.
‘‘Each local educational agency receiving a grant
under section 2012(a)(3) shall meet the reporting require-
ments with respect to teacher qualifications described in
section 4401(h).
‘‘SEC. 2021. STATE REPORTS AND GAO STUDY.
‘‘(a) STATE
REPORTS.—Each State educational
agency receiving a grant under this part shall annually
provide a report to the Secretary describing—
‘‘(1) the progress the State is making in in-
creasing the percentages of fully qualified teachers
in the State to ensure that all teachers are fully
195
qualified not later than December 31, 2003, includ-
ing information regarding—
‘‘(A) the percentage increase over the pre-
vious fiscal year in the number of fully qualified
teachers teaching in elementary schools and
secondary schools served by local educational
agencies receiving funds under title I; and
‘‘(B) the percentage increase over the pre-
vious fiscal year in the number of core classes
being taught by fully qualified teachers in ele-
mentary schools and secondary schools being
served under title I;
‘‘(2) the activities undertaken by the State edu-
cational agency and local educational agencies in the
State to attract and retain fully qualified teachers,
especially in geographic areas and content subject
areas in which a shortage of such teachers exist; and
‘‘(3) the approximate percentage of Federal,
State, local, and nongovernmental resources being
expended to carry out activities described in para-
graph (2).
‘‘(b) GAO STUDY.—Not later than September 30,
2004, the Comptroller General of the United States shall
prepare and submit to the Committee on Education and
the Workforce of the House of Representatives and the
196
Committee on Health, Education, Labor, and Pensions of
the Senate a study setting forth information regarding the
progress of States’ compliance in increasing the percent-
age of fully qualified teachers, as defined in section
2002(1), for fiscal years 2000 through 2003.
‘‘SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.
‘‘(a) SUBGRANTS.—
‘‘(1) IN GENERAL.—A State receiving a grant
under section 2011(a) shall award subgrants, on a
competitive basis, from amounts made available
under section 2012(a)(1), to local educational agen-
cies, elementary schools, or secondary schools that
have formed educator partnerships, for the design
and implementation of programs that will enhance
professional development opportunities for teachers,
principals, and administrators, and will increase the
number of fully qualified teachers.
‘‘(2) ALLOCATIONS.—A State awarding sub-
grants under this subsection shall allocate the
subgrant funds on a competitive basis and in a man-
ner that results in an equitable distribution of the
subgrant funds by geographic areas within the
State.
‘‘(3) ADMINISTRATIVE EXPENSES.—Each edu-
cator partnership receiving a subgrant under this
197
subsection may use not more than 5 percent of the
subgrant funds for any fiscal year for the cost of
planning and administering programs under this sec-
tion.
‘‘(b) EDUCATOR PARTNERSHIPS.—An educator part-
nership described in subsection (a) includes a cooperative
arrangement between—
‘‘(1) a public elementary school or secondary
school (including a charter school), or a local edu-
cational agency; and
‘‘(2) 1 or more of the following:
‘‘(A) An institution of higher education.
‘‘(B) An educational service agency.
‘‘(C) A public or private not-for-profit edu-
cation organization.
‘‘(D) A for-profit education organization.
‘‘(E) An entity from outside the traditional
education arena, including a corporation or con-
sulting firm.
‘‘(c) USE OF FUNDS.—An educator partnership re-
ceiving a subgrant under this section shall use the
subgrant funds for—
‘‘(1) developing and enhancing of professional
development activities for teachers in core academic
subjects to ensure that the teachers have content
198
knowledge in the academic subjects in which the
teachers provide instruction;
‘‘(2) developing and providing assistance to
local educational agencies and elementary schools
and secondary schools for sustained, high-quality
professional development activities for teachers, prin-
cipals, and administrators, that—
‘‘(A) ensure that teachers, principals, and
administrators are able to use State content
standards, performance standards, and assess-
ments to improve instructional practices and
student achievement; and
‘‘(B) may include intensive programs de-
signed to prepare a teacher who participates in
such a program to provide professional develop-
ment instruction to other teachers within the
participating teacher’s school;
‘‘(3) increasing the number of fully qualified
teachers available to provide high-quality education
to limited English proficient students by—
‘‘(A) working with institutions of higher
education that offer degree programs, to attract
more people into such programs, and to prepare
better new, English language teachers to pro-
199
vide effective language instruction to limited
English proficient students; and
‘‘(B) supporting development and imple-
mentation of professional development pro-
grams for language instruction teachers to im-
prove the language proficiency of limited
English proficient students;
‘‘(4) developing and implementing professional
development activities for principals and administra-
tors to enable the principals and administrators to
be effective school leaders and to improve student
achievement on challenging State content and stu-
dent performance standards, including professional
development relating to—
‘‘(A) leadership skills;
‘‘(B) recruitment, assignment, retention,
and evaluation of teachers and other staff;
‘‘(C) effective instructional practices, in-
cluding the use of technology; and
‘‘(D) parental and community involvement;
and
‘‘(5) providing activities that enhance profes-
sional development opportunities for teachers, prin-
cipals, and administrators or will increase the num-
ber of fully qualified teachers.
200
‘‘(d) APPLICATION REQUIRED.—Each educator part-
nership desiring a subgrant under this section shall submit
an application to the appropriate State educational agency
at such time, in such manner, and accompanied by such
information as the State educational agency may reason-
ably require.
‘‘(e) COORDINATION.—Each educator partnership
that receives a subgrant under this section and a grant
under section 203 of the Higher Education Act of 1965
shall coordinate the activities carried out under such sec-
tion 203 with any related activities carried out under this
section.
‘‘SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $1,600,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘PART B—CLASS SIZE REDUCTION
‘‘SEC. 2031. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Rigorous research has shown that students
attending small classes in the early grades make
more rapid educational gains than students in larger
classes, and that those gains persist through at least
the eighth grade.
201
‘‘(2) The benefits of smaller classes are greatest
for lower-achieving, minority, poor, and inner-city
children, as demonstrated by a study that found that
urban fourth graders in smaller-than-average classes
were 3⁄4 of a school year ahead of their counterparts
in larger-than-average classes.
‘‘(3) Teachers in small classes can provide stu-
dents with more individualized attention, spend more
time on instruction and less time on other tasks, and
cover more material effectively, and are better able
to work with parents to further their children’s edu-
cation, than teachers in large classes.
‘‘(4) Smaller classes allow teachers to identify
and work with students who have learning disabil-
ities sooner than is possible with larger classes, po-
tentially reducing those students’ needs for special
education services in the later grades.
‘‘(5) The National Research Council report,
‘Preventing Reading Difficulties in Young Children’,
recommends reducing class sizes, accompanied by
providing high-quality professional development for
teachers, as a strategy for improving student
achievement in reading.
‘‘(6) Efforts to improve educational outcomes
by reducing class sizes in the early grades are likely
202
to be successful only if well-qualified teachers are
hired to fill additional classroom positions, and if
teachers receive intensive, ongoing professional de-
velopment.
‘‘(7) Several States and school districts have
begun serious efforts to reduce class sizes in the
early elementary school grades, but those efforts
may be impeded by financial limitations or difficul-
ties in hiring highly qualified teachers.
‘‘(8) The Federal Government can assist in
those efforts by providing funding for class size re-
ductions in grades 1 through 3, and by helping to
ensure that both new and current teachers who are
moving into smaller classrooms are well prepared.
‘‘SEC. 2032. PURPOSE.
‘‘The purpose of this part is to help States and local
educational agencies recruit, train, and hire 100,000 addi-
tional teachers in order to—
‘‘(1) reduce nationally class size in grades 1
through 3 to an average of 18 students per regular
classroom; and
‘‘(2) improve teaching in the early elementary
school grades so that all students can learn to read
independently and well by the end of the third
grade.
203
‘‘SEC. 2033. ALLOTMENTS TO STATES.
‘‘(a) RESERVATIONS FOR THE OUTLYING AREAS AND
THE BUREAU OF INDIAN AFFAIRS.—From the amount
appropriated under section 2042 for any fiscal year, the
Secretary shall reserve a total of not more than 1 percent
to make payments to—
‘‘(1) outlying areas, on the basis of their respec-
tive needs, for activities, approved by the Secretary,
consistent with this part; and
‘‘(2) the Secretary of the Interior for activities
approved by the Secretary of Education, consistent
with this part, in schools operated or supported by
the Bureau of Indian Affairs, on the basis of their
respective needs.
‘‘(b) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—From the amount appro-
priated under section 2042 for a fiscal year and re-
maining after the Secretary makes reservations
under subsection (a), the Secretary shall make
grants by allotting to each State having a State ap-
plication approved under section 2034(c) an amount
that bears the same relationship to the remainder as
the greater of the amounts that the State received
in the preceding fiscal year under sections 1122 and
2202(b) (as such sections were in effect on the day
preceding the date of enactment of the Public Edu-
204
cation Reinvestment, Reinvention, and Rededication
Act) bears to the total of the greater amounts that
all States received under such sections for the pre-
ceding fiscal year.
‘‘(2) RATABLE REDUCTION.—If the sums made
available under paragraph (1) for any fiscal year are
insufficient to pay the full amounts that all States
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such
amounts for such year.
‘‘(3) REALLOTMENT.—If any State chooses not
to participate in the program carried out under this
part, or fails to submit an approvable application
under this part, the Secretary shall reallot the
amount that such State would have received under
paragraphs (1) and (2) to States having applications
approved under section 2034(c), in accordance with
paragraphs (1) and (2).
‘‘SEC. 2034. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—The State edu-
cational agency for each State desiring a grant under this
part shall submit an application to the Secretary at such
time, in such form, and containing such information as
the Secretary may require.
‘‘(b) CONTENTS.—The application shall include—
205
‘‘(1) a description of the State’s goals for using
funds under this part to reduce average class sizes
in regular classrooms in grades 1 through 3, includ-
ing a description of class sizes in those classrooms,
for each local educational agency in the State (as of
the date of submission of the application);
‘‘(2) a description of how the State educational
agency will allocate program funds made available
through the grant within the State;
‘‘(3) a description of how the State will use
other funds, including other Federal funds, to re-
duce class sizes and to improve teacher quality and
reading achievement within the State; and
‘‘(4) an assurance that the State educational
agency will submit to the Secretary such reports and
information as the Secretary may reasonably re-
quire.
‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary
shall approve a State application submitted under this sec-
tion if the application meets the requirements of this sec-
tion and holds reasonable promise of achieving the purpose
of this part.
‘‘SEC. 2035. WITHIN-STATE ALLOCATIONS.
‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES.—Each State receiving a grant under this part for
206
any fiscal year may reserve not more than 1 percent of
the grant funds for the cost of administering this part
and, using the remaining funds, shall make subgrants by
allocating to each local educational agency in the State
the sum of—
‘‘(1) an amount that bears the same relation-
ship to 80 percent of the remainder as the school-
age population from families with incomes below the
poverty line in the area served by the local edu-
cational agency bears to the school-age population
from families with incomes below the poverty line in
the area served by all local educational agencies in
the State; and
‘‘(2) an amount that bears the same relation-
ship to 20 percent of the remainder as the enroll-
ment of the school-age population in public and pri-
vate nonprofit elementary schools and secondary
schools in the area served by the local educational
agency bears to the enrollment of the school-age
population in public and private nonprofit elemen-
tary schools and secondary schools in the area
served by all local educational agencies in the State.
‘‘(b) REALLOCATION.—If any local educational agen-
cy chooses not to participate in the program carried out
under this part, or fails to submit an approvable applica-
208
‘‘(b) RECRUITMENT, TEACHER TESTING, AND PRO-
FESSIONAL DEVELOPMENT.—
‘‘(1) IN
GENERAL.—Each local educational
agency receiving subgrant funds under this section
shall use such subgrant funds to carry out effective
approaches to reducing class size with fully qualified
teachers who are certified within the State (includ-
ing teachers certified through State or local alter-
native routes) and who demonstrate competency in
the areas in which the teachers provide instruction,
to improve educational achievement for both regular
and special needs children, with particular consider-
ation given to reducing class size in the early ele-
mentary grades.
‘‘(2) LOCAL ACTIVITIES.—
‘‘(A) IN GENERAL.—Each local educational
agency receiving subgrant funds under this sec-
tion may use such subgrant funds 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
209
children with disabilities and non-disabled
children) and teachers of special-needs
children, who are certified within the
State, including teachers who are certified
through State or local alternative routes,
have a bachelor’s degree, and demonstrate
the general knowledge, teaching skills, and
subject matter knowledge required to teach
in the content areas in which the teachers
provide instruction;
‘‘(ii) testing new teachers for aca-
demic content knowledge and satisfaction
of State certification requirements con-
sistent with title II of the Higher Edu-
cation Act of 1965; and
‘‘(iii) providing professional develop-
ment (which may include such activities as
promoting retention and mentoring) to
teachers, including special education teach-
ers and teachers of special-needs children,
in order to meet the goal of ensuring that
all instructional staff have the subject mat-
ter knowledge, teaching knowledge, and
teaching skills necessary to teach effec-
tively in the content area or areas in which
210
they provide instruction, consistent with
title II of the Higher Education Act of
1965.
‘‘(B) LIMITATIONS.—
‘‘(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 award received under
this section for activities described in sub-
paragraph (A)(ii) and (iii).
‘‘(ii) ED-FLEX.—
‘‘(I) 
WAIVER.—A 
local 
edu-
cational agency located in a State des-
ignated as an Ed-Flex Partnership
State under section 4(a)(1)(B) of the
Education Flexibility Partnership Act
of 1999, and in which 10 percent or
more 
of 
teachers 
in 
elementary
schools, 
as 
defined 
by 
section
8101(14), have not met applicable
State and local certification require-
ments (including certification through
State or local alternative routes), or if
such requirements have been waived,
may apply to the State educational
211
agency for a waiver that would permit
the agency to use more than 25 per-
cent of the funds it receives under this
section for activities described in sub-
paragraph (A)(iii) for the purpose of
helping teachers to become certified.
‘‘(II) APPROVAL.—If the State
educational agency approves the local
educational agency’s application for a
waiver under subclause (I), the local
educational agency may use the funds
subject to the waiver for activities de-
scribed in subparagraph (A)(iii) that
are needed to ensure that at least 90
percent of the teachers in elementary
schools within the State are certified.
‘‘(C) ADDITIONAL USES.—
‘‘(i) IN
GENERAL.—A local edu-
cational agency that has already reduced
class size in the early grades to 18 or less
children (or has already reduced class size
to a State or local class size reduction goal
that was in effect on the day before the en-
actment of the Department of Education
Appropriations Act, 2000, if that State or
212
local educational agency goal is 20 or
fewer children) may use funds received
under this section—
‘‘(I) to make further class size
reductions in grades kindergarten
through 3;
‘‘(II) to reduce class size in other
grades; or
‘‘(III) to carry out activities to
improve teacher quality, including
professional development.
‘‘(ii) 
PROFESSIONAL
DEVELOP-
MENT.—If a local educational agency has
already reduced class size in the early
grades to 18 or fewer children and intends
to use funds provided under this Part to
carry out professional development activi-
ties, including activities to improve teacher
quality, then the State shall make the
award under section 2035 to the local edu-
cational agency.
‘‘(c) SPECIAL RULE.—Notwithstanding subsection
(b), if the award to a local educational agency under sec-
tion 2035 is less than the starting salary for a new fully
qualified teacher teaching in a school served by that agen-
213
cy, and such teacher is certified within the State (which
may include certification through State or local alternative
routes), has a bachelor’s degree, and demonstrates the
general knowledge, teaching skills, and subject matter
knowledge required to teach in the content areas the
teacher is assigned to provide instruction, then the agency
may use grant funds under this part to—
‘‘(1) help pay the salary of a full- or part-time
teacher hired to reduce class size, which may be in
combination with other Federal, State, or local
funds; or
‘‘(2) pay for activities described in subsection
(b), which may be related to teaching in smaller
classes.
‘‘SEC. 2038. PRIVATE SCHOOLS.
‘‘If a local educational agency uses funds made avail-
able under this Part for professional development activi-
ties, the local educational agency shall ensure the equitable
participation of private nonprofit elementary schools and
secondary schools in such activities.
‘‘SEC. 2039. TEACHER SALARIES AND BENEFITS.
‘‘A local educational agency may use grant funds pro-
vided under this part—
‘‘(1) except as provided in paragraph (2), to in-
crease the salaries of, or provide benefits (other than
214
participation in professional development and enrich-
ment programs) to, teachers only if such teachers
were hired under this part; and
‘‘(2) to pay the salaries of teachers hired under
section 307 of the Department of Education Appro-
priations Act of 1999 who, not later than the begin-
ning of the 2001–2002 school year, are fully quali-
fied, as defined in section 2002(1).
‘‘SEC. 2040. STATE REPORT REQUIREMENTS.
‘‘(a) REPORT ON ACTIVITIES.—A State educational
agency receiving funds under this part shall submit a re-
port to the Secretary providing information about the ac-
tivities in the State assisted under this part.
‘‘(b) REPORT TO PARENTS.—Each State educational
agency and local educational agency receiving funds under
this part shall publicly issue a report to parents of children
who attend schools assisted under this part describing—
‘‘(1) the agency’s progress in reducing class
size;
‘‘(2) the agency’s progress in increasing the
percentage of classes in core academic areas that are
taught by fully qualified teachers who are certified
within the State and demonstrate competency in the
content areas in which the teachers provide instruc-
tion; and
215
‘‘(3) the impact, if any, that hiring additional
highly qualified teachers and reducing class size has
had on increasing student academic achievement in
schools served by the agency.
‘‘(c) PROFESSIONAL
QUALIFICATIONS
REPORT.—
Upon the request of a parent of a child attending a school
receiving assistance under this part, such school shall pro-
vide the parent with information regarding the profes-
sional qualifications of their child’s teacher.
‘‘SEC. 2041. SUPPLEMENT NOT SUPPLANT.
‘‘Each local educational agency receiving grant funds
under this part shall use such funds only to supplement,
and not to supplant, State and local funds that, in the
absence of such funds, would otherwise be spent for activi-
ties under this part.
‘‘SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $1,400,000,000 for fiscal
year 2001, and such sums as may be necessary for each
of the 4 succeeding fiscal years.’’.
216
TITLE III—LANGUAGE MINORITY
STUDENTS AND INDIAN, NA-
TIVE HAWAIIAN, AND ALASKA
NATIVE EDUCATION
SEC. 301. LANGUAGE MINORITY STUDENTS.
Title III (20 U.S.C. 6801 et seq.) is amended—
(1) by amending the heading for title III to
read as follows:
‘‘TITLE III—LANGUAGE MINOR-
ITY STUDENTS AND INDIAN,
NATIVE HAWAIIAN, AND ALAS-
KA NATIVE EDUCATION’’;
(2) by repealing section 3101 (20 U.S.C. 6801)
and part A (20 U.S.C. 6811 et seq.); and
(3) by inserting after the heading for title III
(as amended by paragraph (1)) the following:
‘‘Subtitle A—Language Minority
Students
‘‘SEC. 3101. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1)(A) Educating limited English proficient
students is an urgent goal for many local edu-
cational agencies, but that goal is not being
achieved.
217
‘‘(B) Each year, 640,000 limited English pro-
ficient students are not served by any sort of pro-
gram targeted to the students’ unique needs.
‘‘(C) In 1998, only 15 percent of local edu-
cational agencies that applied for funding under en-
hancement grants and comprehensive school grants
received such funding.
‘‘(2)(A) The school dropout rate for Hispanic
students, the largest group of limited English pro-
ficient students, is approximately 25 percent, and is
approximately 46 percent for Hispanic students born
outside of the United States.
‘‘(B) A United States Department of Education
report regarding school dropout rates states that
language difficulty ‘may be a barrier to participation
in United States schools’.
‘‘(C) Reading ability is a key predictor of grad-
uation and academic success.
‘‘(3) Through fiscal year 1999, bilingual edu-
cation capacity and demonstration grants—
‘‘(A) have spread funding too broadly to
make an impact on language instruction edu-
cational programs implemented by State edu-
cational agencies and local educational agencies;
and
218
‘‘(B) have lacked concrete performance
measures.
‘‘(4)(A) Since 1979, the number of limited
English proficient children in schools in the United
States has doubled, and demographic trends indicate
the population of limited English proficient children
will continue to increase.
‘‘(B) Language-minority Americans speak vir-
tually all world languages plus many that are indige-
nous to the United States.
‘‘(C) The rich linguistic diversity language-mi-
nority students bring to America’s classrooms en-
hances the learning environment for all students and
should be valued for the significant, positive impact
such diversity has on the entire school environment.
‘‘(D) Parent and community participation in
educational language programs for limited English
proficient students contributes to program effective-
ness.
‘‘(E) The Federal Government, as reflected in
title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and section 204(f) of the Equal Edu-
cation Opportunities Act of 1974 (20 U.S.C. 1703),
has a special and continuing obligation to ensure
that States and local educational agencies take ap-
219
propriate action to provide equal educational oppor-
tunities to limited English proficient children and
youth.
‘‘(F) The Federal Government also, as exempli-
fied by programs authorized under this title, has a
special and continuing obligation to assist States
and local educational agencies to develop the capac-
ity to provide programs of instruction that offer lim-
ited English proficient children and youth equal edu-
cational opportunities.
‘‘(5) Limited English proficient children and
youth face a number of challenges in receiving an
education that will enable them to participate fully
in American society, including—
‘‘(A) disproportionate attendance in high-
poverty schools, as demonstrated by the fact
that, in 1994, 75 percent of limited English
proficient students attended schools in which as
least half of all students were eligible for free
or reduced-price meals;
‘‘(B) the limited ability of parents of such
children and youth to participate fully in the
education of their children because of the par-
ents’ own limited English proficiency;
220
‘‘(C) a shortage of teachers and other staff
who are professionally trained and qualified to
serve such children and youth; and
‘‘(D) lack of appropriate performance and
assessment standards that distinguish between
language and academic achievement so that
there is equal accountability on the part of
State educational agencies and local educational
agencies for the achievement of limited English
proficient students in academic content while
acquiring English language skills.
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States that in order to ensure equal edu-
cational opportunity for all children and youth, and to pro-
mote educational excellence, the Federal Government
should—
‘‘(1) assist State educational agencies, local
educational agencies, and community-based organi-
zations to build their capacity to establish, imple-
ment, and sustain programs of instruction and
English language development for children and
youth of limited English proficiency;
‘‘(2) hold State educational agencies and local
educational agencies accountable for increases in
221
English proficiency and core content knowledge
among limited English proficient students; and
‘‘(3) promote parental and community partici-
pation in limited English proficiency programs.
‘‘(c) PURPOSE.—The purpose of this subtitle is to as-
sist all limited English proficient students so that those
students can meet or exceed the State proficient standard
level for academic performance in core subject areas ex-
pected of all elementary school and secondary school stu-
dents, and succeed in our Nation’s society, by—
‘‘(1) streamlining existing language instruction
programs into a performance-based grant for State
and local educational agencies to help limited
English proficient students become proficient in
English;
‘‘(2) increasing significantly the amount of Fed-
eral assistance to local educational agencies serving
such students while requiring that State educational
agencies and local educational agencies demonstrate
annual improvements in the English proficiency of
such students from the preceding fiscal year; and
‘‘(3) providing State educational agencies and
local educational agencies with the flexibility to im-
plement instructional programs based on scientific
222
research that the agencies believe to be the most ef-
fective for teaching English.
‘‘SEC. 3102. DEFINITIONS.
‘‘Except as otherwise provided, for purposes of this
subtitle:
‘‘(1) LIMITED
ENGLISH
PROFICIENT
STU-
DENT.—The term ‘limited English proficient stu-
dent’ means an individual aged 5 through 17 en-
rolled in an elementary school or secondary school—
‘‘(A) who—
‘‘(i) was not born in the United States
or whose native language is a language
other than English; or
‘‘(ii) is a Native American or Alaska
Native, or who is a native resident of the
outlying areas and comes from an environ-
ment where a language other than English
has had a significant impact on such indi-
vidual’s level of English language pro-
ficiency; or
‘‘(iii) is migratory and whose native
language is other than English, and who
comes from an environment where a lan-
guage other than English is dominant; and
223
‘‘(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny such
individual the opportunity to learn successfully
in classrooms where the language of instruction
is English or to participate fully in our society.
‘‘(2) LANGUAGE
INSTRUCTION
EDUCATIONAL
PROGRAM.—The term ‘language instruction edu-
cational program’ means an instructional course in
which a limited English proficient student is placed
for the purpose of becoming proficient in the
English language.
‘‘(3) SPECIALLY
QUALIFIED
AGENCY.—The
term ‘specially qualified agency’ means a local edu-
cational agency in a State that does not participate
in a program under this subtitle for a fiscal year.
‘‘(4) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘SEC. 3103. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award grants, from allotments under subsection (b), to
each State having a State plan approved under section
3105(c), to enable the State to help limited English pro-
ficient students become proficient in English.
224
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 3110 to carry out this subtitle
for each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent
with this subtitle, in schools operated or sup-
ported by the Bureau of Indian Affairs, on the
basis of their respective needs for assistance
under this subtitle; and
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs as deter-
mined by the Secretary, for activities, approved
by the Secretary, consistent with this subtitle.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under section 3110 for any of the fiscal
years 2001 through 2005 that remains after making
reservations under paragraph (1), the Secretary
shall allot to each State having a State plan ap-
proved under section 3105(c) an amount that bears
the same relationship to the remainder as the num-
ber of limited English proficient students in the
225
State bears to the number of limited English pro-
ficient students in all States.
‘‘(3) DATA.—For the purpose of determining
the number of limited English proficient students in
a State and in all States for each fiscal year, the
Secretary shall use data that will yield the most ac-
curate, up-to-date, numbers of such students,
including—
‘‘(A) data available from the Bureau of the
Census; or
‘‘(B) data submitted to the Secretary by
the States to determine the number of limited
English proficient students in a State and in all
States.
‘‘(4) HOLD-HARMLESS
AMOUNTS.—For fiscal
year 2001, and for each of the 4 succeeding fiscal
years, notwithstanding paragraph (2), the total
amount allotted to each State under this subsection
shall be not less than 85 percent of the total amount
the State was allotted under parts A and B of title
VII (as such title was in effect on the day preceding
the date of enactment of the Public Education Rein-
vestment, Reinvention, and Responsibility Act).
‘‘(c) DIRECT AWARDS
TO SPECIALLY QUALIFIED
AGENCIES.—
226
‘‘(1) NONPARTICIPATING
STATE.—If a State
educational agency for a fiscal year elects not to par-
ticipate in a program under this subtitle, or does not
have an application approved under section 3105(c),
a specially qualified agency in such State desiring a
grant under this subtitle for the fiscal year shall
apply directly to the Secretary to receive a grant
under this subsection.
‘‘(2) DIRECT
AWARDS.—The Secretary may
award, on a competitive basis, the amount the State
educational agency is eligible to receive under sub-
section (b)(2) directly to specially qualified agencies
in the State desiring a grant under paragraph (1)
and having an application approved under section
3105(c).
‘‘(3) ADMINISTRATIVE
FUNDS.—A specially
qualified agency that receives a direct grant under
this subsection may use not more than 1 percent of
the grant funds for the administrative costs of car-
rying out this subtitle in the first year the agency
receives a grant under this subsection and 0.5 per-
cent for such costs in the second and each suc-
ceeding such year.
227
‘‘SEC. 3104. WITHIN-STATE ALLOCATIONS.
‘‘(a) GRANT AWARDS.—Each State educational agen-
cy receiving a grant under section 3103(a) shall use 95
percent of the grant funds to award subgrants, from allot-
ments under subsection (b), to local educational agencies
in the State to carry out the activities described in section
3107.
‘‘(b) ALLOTMENT
FORMULA.—Each State edu-
cational agency receiving a grant under this subtitle shall
award a grant to each local educational agency in the
State having a plan approved under section 3106 in an
amount that bears the same relationship to the amount
of funds appropriated under section 3110 as the school-
age population of limited English proficient students in
schools served by the local educational agency bears to the
school-age population of limited English proficient stu-
dents in schools served by all local educational agencies
in the State.
‘‘(c) RESERVATIONS.—
‘‘(1) STATE
ACTIVITIES.—Each State edu-
cational agency receiving a grant under this subtitle
may reserve not more than 5 percent of the grant
funds to carry out activities described in the State
plan submitted under section 3105.
‘‘(2) ADMINISTRATIVE
EXPENSES.—From the
amount reserved under paragraph (1), a State edu-