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(A) by striking ‘‘appropriate’’; 
(B) by striking ‘‘out, to the extent feasible,’’ 
and inserting ‘‘out’’; and 
(C) by striking ‘‘1118;’’ and inserting 
‘‘1118, unless extraordinary circumstances make 
implementation consistent with such section im-
practical;’’; and 
(4) in paragraph (7), by striking ‘‘section 
1303(e)’’ and inserting ‘‘paragraphs (1)(A) and 
(2)(B)(i) of section 1303(a)’’. 
SEC. 123. AUTHORIZED ACTIVITIES. 
Section 1306 (20 U.S.C. 6396) is amended to read as 
follows: 
‘‘SEC. 1306. AUTHORIZED ACTIVITIES. 
‘‘(a) IN GENERAL.— 
‘‘(1) 
FLEXIBILITY.—Each 
State 
educational 
agency, through its local educational agencies, shall 
have the flexibility to determine the activities to be 
provided with funds made available under this part, 
except that such funds shall first be used to meet the 
identified needs of migratory children that result from 
their migratory lifestyle, and to permit these children 
to participate effectively in school. 
‘‘(2) UNADDRESSED
NEEDS.—Funds provided 
under this part shall be used to address the needs of 
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migratory children that are not addressed by services 
available from other Federal or non-Federal pro-
grams, except that migratory children who are eligible 
to receive services under part A of this title may re-
ceive those services through funds provided under that 
part, or through funds under this part that remain 
after the agency addresses the needs described in 
paragraph (1). 
‘‘(b) CONSTRUCTION.—Nothing in this part shall be 
construed to prohibit a local educational agency from serv-
ing migratory children simultaneously with students with 
similar educational needs in the same educational settings, 
where appropriate. 
‘‘(c) SPECIAL RULE.—Notwithstanding section 1114, 
a school that receives funds under this part shall continue 
to address the identified needs described in subsection 
(a)(1).’’. 
SEC. 124. COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES. 
(a) 
DURATION.—Section 
1308(a)(2) 
(20 
U.S.C. 
6398(a)(2)) is amended by striking ‘‘subpart’’ and inserting 
‘‘subsection’’. 
(b) STUDENT RECORDS.—Section 1308(b) (20 U.S.C. 
6398(b)) is amended to read as follows: 
‘‘(b) STUDENT RECORDS.— 
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‘‘(1) ASSISTANCE.—The Secretary shall assist 
States in developing effective methods for the transfer 
of student records and in determining the number of 
migratory children in each State. The Secretary, in 
consultation with the States, shall determine the min-
imum data elements that each State receiving funds 
under this part shall collect and maintain. The Sec-
retary shall assist States to implement a system of 
linking their student record transfer systems for the 
purpose of electronic records maintenance and trans-
fer for migrant students. 
‘‘(2) NO
COST
FOR
CERTAIN
TRANSFERS.—A 
State educational agency or local educational agency 
receiving assistance under this part shall make stu-
dent records available to another State or local edu-
cational agency that requests the records at no cost to 
the requesting agency, if the request is made in order 
to meet the needs of a migratory child.’’. 
(c) AVAILABILITY OF FUNDS.—Section 1308(c) (20 
U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and 
inserting ‘‘$10,000,000’’. 
(d) INCENTIVE GRANTS.—Section 1308(d) (20 U.S.C. 
6398(d)) is amended to read as follows: 
‘‘(d) INCENTIVE GRANTS.—From the amounts made 
available to carry out this section for any fiscal year, the 
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Secretary may reserve not more than $3,000,000 to award 
grants of not more than $250,000 on a competitive basis 
to State educational agencies that propose a consortium ar-
rangement with another State or other appropriate entity 
that the Secretary determines, pursuant to criteria that the 
Secretary shall establish, will improve the delivery of serv-
ices to migratory children whose education is interrupted.’’. 
PART D—NEGLECTED OR DELINQUENT YOUTH 
SEC. 131. NEGLECTED OR DELINQUENT YOUTH. 
The heading for part D of title I is amended to read 
as follows: 
‘‘PART D—PREVENTION AND INTERVENTION PRO-
GRAMS FOR NEGLECTED OR DELINQUENT 
CHILDREN AND YOUTH’’. 
SEC. 132. FINDINGS. 
Section 1401(a) (20 U.S.C. 6421(a)) is amended by 
striking paragraphs (6) through (9) and inserting the fol-
lowing: 
‘‘(6) Youth returning from correctional facilities 
need to be involved in programs that provide them 
with high-level skills and other support to help them 
stay in school and complete their education. 
‘‘(7) Pregnant and parenting teenagers are a 
high-at-risk group for dropping out of school and 
should be targeted by dropout prevention programs.’’. 
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SEC. 133. ALLOCATION OF FUNDS. 
Section 1412(b) (20 U.S.C. 6432(b)) is amended to 
read as follows: 
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO 
RICO.— 
‘‘(1) IN
GENERAL.—For each fiscal year, the 
amount of the subgrant which a State agency in the 
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this part shall be the amount determined 
by multiplying the number of children counted under 
subparagraph (a)(1)(A) for the Commonwealth of 
Puerto Rico by the product of— 
‘‘(A) the percentage which the average per- 
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per-pupil expend-
iture of any of the 50 States; and 
‘‘(B) 32 percent of the average per-pupil ex-
penditure in the United States. 
‘‘(2) MINIMUM PERCENTAGE.—The percentage in 
paragraph (1)(A) shall not be less than— 
‘‘(A) for fiscal year 2002, 77.5 percent; 
‘‘(B) for fiscal year 2003, 80.0 percent; 
‘‘(C) for fiscal year 2004, 82.5 percent; and 
‘‘(D) for fiscal year 2005 and succeeding 
fiscal years, 85.0 percent. 
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‘‘(3) LIMITATION.—If the application of para-
graph (2) would result in any of the 50 States or the 
District of Columbia receiving less under this part 
than it received under this part for the preceding fis-
cal year, the percentage in paragraph (1) shall be the 
greater of the percentage in paragraph (1)(A) or the 
percentage used for the preceding fiscal year.’’. 
SEC. 134. STATE PLAN AND STATE AGENCY APPLICATIONS. 
Section 1414 (20 U.S.C. 6434) is amended to read as 
follows: 
‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA-
TIONS. 
‘‘(a) STATE PLAN.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency that desires to receive a grant under this part 
shall submit, for approval by the Secretary, a plan 
for meeting the educational needs of neglected and de-
linquent youth, for assisting in their transition from 
institutions to locally operated programs, and which 
is integrated with other programs under this Act or 
other Acts, as appropriate, consistent with section 
8306. 
‘‘(2) CONTENTS.—Each such State plan shall— 
‘‘(A) describe the program goals, objectives, 
and performance measures established by the 
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•HR 1 RH1&2 
State that will be used to assess the effectiveness 
of the program in improving academic and voca-
tional and technical skills of children in the pro-
gram; 
‘‘(B) provide that, to the extent feasible, 
such children will have the same opportunities to 
learn as such children would have if such chil-
dren were in the schools of local educational 
agencies in the State; and 
‘‘(C) contain assurances that the State edu-
cational agency will— 
‘‘(i) ensure that programs assisted 
under this part will be carried out in ac-
cordance with the State plan described in 
this subsection; 
‘‘(ii) carry out the evaluation require-
ments of section 1416; 
‘‘(iii) ensure that the State agencies re-
ceiving subgrants under this subpart com-
ply with all applicable statutory and regu-
latory requirements; and 
‘‘(iv) provide such other information as 
the Secretary may reasonably require. 
‘‘(3) DURATION OF THE PLAN.—Each such State 
plan shall— 
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•HR 1 RH1&2 
‘‘(A) remain in effect for the duration of the 
State’s participation under this part; and 
‘‘(B) be periodically reviewed and revised 
by the State, as necessary, to reflect changes in 
the State’s strategies and programs under this 
part. 
‘‘(b) SECRETARIAL APPROVAL AND PEER REVIEW.— 
‘‘(1) SECRETARIAL
APPROVAL.—The Secretary 
shall approve each State plan that meets the require-
ments of this part. 
‘‘(2) PEER REVIEW.—The Secretary may review 
any State plan with the assistance and advice of in-
dividuals with relevant expertise. 
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen-
cy that desires to receive funds to carry out a program 
under this part shall submit an application to the State 
educational agency that— 
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to as-
sess the educational needs of the children to be served; 
‘‘(2) provides assurances that in making services 
available to youth in adult correctional facilities, pri-
ority will be given to such youth who are likely to 
complete incarceration within a 2-year period; 
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•HR 1 RH1&2 
‘‘(3) describes the program, including a budget 
for the first year of the program, with annual updates 
to be provided to the State educational agency; 
‘‘(4) describes how the program will meet the 
goals and objectives of the State plan under this sub-
part; 
‘‘(5) describes how the State agency will consult 
with experts and provide the necessary training for 
appropriate staff, to ensure that the planning and op-
eration of institution-wide projects under section 1416 
are of high quality; 
‘‘(6) describes how the agency will carry out the 
evaluation requirements of section 8651 and how the 
results of the most recent evaluation are used to plan 
and improve the program; 
‘‘(7) includes data showing that the agency has 
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 8501; 
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as job training programs, vocational and 
technical education programs, State and local drop-
out prevention programs, and special education pro-
grams; 
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‘‘(9) describes how States will encourage correc-
tional facilities receiving funds under this subpart to 
coordinate with local educational agencies or alter-
native education programs attended by incarcerated 
youth prior to their incarceration to ensure that stu-
dent assessments and appropriate academic records 
are shared jointly between the correctional facility 
and the local educational agency or alternative edu-
cation program; 
‘‘(10) describes how appropriate professional de-
velopment will be provided to teachers and other staff; 
‘‘(11) designates an individual in each affected 
institution to be responsible for issues relating to the 
transition of children and youth from the institution 
to locally operated programs; 
‘‘(12) describes how the agency will endeavor to 
coordinate with businesses for training and men-
toring for participating youth; 
‘‘(13) provides assurances that the agency will 
assist in locating alternative programs through which 
students can continue their education if students are 
not returning to school after leaving the correctional 
facility; 
‘‘(14) provides assurances that the agency will 
work with parents to secure parents’ assistance in im-
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•HR 1 RH1&2 
proving the educational achievement of their children 
and preventing their children’s further involvement in 
delinquent activities; 
‘‘(15) provides assurances that the agency works 
with special education youth in order to meet an ex-
isting individualized education program and an as-
surance that the agency will notify the youth’s local 
school if such youth— 
‘‘(A) is identified as in need of special edu-
cation services while the youth is in the facility; 
and 
‘‘(B) intends to return to the local school; 
‘‘(16) provides assurances that the agency will 
work with youth who dropped out of school before en-
tering the facility to encourage the youth to reenter 
school once the term of incarceration has been com-
pleted or provide the youth with the skills necessary 
to gain employment, continue the education of the 
youth, or achieve a secondary school diploma or the 
recognized equivalent if the youth does not intend to 
return to school; 
‘‘(17) provides assurances that teachers and other 
qualified staff are also trained to work with children 
with disabilities and other students with special 
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•HR 1 RH1&2 
needs, taking into consideration the unique needs of 
such students; 
‘‘(18) describes any additional services to be pro-
vided to youth, such as career counseling, distance 
learning, and assistance in securing student loans 
and grants; and 
‘‘(19) provides assurances that the program 
under this subpart will be coordinated with any pro-
grams operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5601 et 
seq.) or other comparable programs, if applicable.’’. 
SEC. 135. USE OF FUNDS. 
Section 1415(a) (20 U.S.C. 6435(a)) is amended— 
(1) in paragraph (1)(B), by inserting ‘‘, voca-
tional and technical training’’ after ‘‘secondary school 
completion’’; 
(2) in paragraph (2)(B)— 
(A) in clause (i), by inserting ‘‘and’’ after 
the semicolon; 
(B) in clause (ii), by striking ‘‘; and’’ and 
inserting a semicolon; and 
(C) by striking clause (iii); 
(3) in paragraph (2)(C), by striking ‘‘part F of 
this title’’ and inserting ‘‘part H’’; and 
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•HR 1 RH1&2 
(4) in paragraph (2)(D), by striking ‘‘section 
14701’’ and inserting ‘‘section 8651’’. 
SEC. 136. TRANSITION SERVICES. 
Section 1418(a) (20 U.S.C. 6438(a)) is amended by 
striking ‘‘10 percent’’ and inserting ‘‘15 percent’’. 
SEC. 137. PURPOSE. 
Section 1421(3) (20 U.S.C. 6451(3)) is amended to 
read as follows: 
‘‘(3) operate programs in local schools for youth 
returning from correctional facilities and programs 
which may also serve youth at risk of dropping out 
of school.’’. 
SEC. 138. PROGRAMS OPERATED BY LOCAL EDUCATIONAL 
AGENCIES. 
Section 1422 (20 U.S.C. 6452) is amended— 
(1) in subsection (a), by striking ‘‘retained’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) SPECIAL RULE.—A local educational agency 
which includes a correctional facility that operates a school 
is not required to operate a program of support for children 
returning from such school to a school not operated by a 
correctional agency but served by such local educational 
agency if more than 30 percent of the youth attending the 
school operated by the correctional facility will reside out-
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•HR 1 RH1&2 
side the boundaries of the local educational agency after 
leaving such facility.’’; and 
(3) by adding at the end the following: 
‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran-
sitional and supportive programs operated in local edu-
cational agencies under this subpart shall be designed pri-
marily to meet the transitional and academic needs of stu-
dents returning to local educational agencies or alternative 
education programs from correctional facilities. Services to 
students at risk of dropping out of school shall not have 
a negative impact on meeting the transitional and aca-
demic needs of the students returning from correctional fa-
cilities.’’. 
SEC. 139. LOCAL EDUCATIONAL AGENCY APPLICATIONS. 
Section 1423 (20 U.S.C. 6453) is amended by striking 
paragraphs (4) through (9) and inserting the following: 
‘‘(4) a description of the program operated by 
participating schools for children returning from cor-
rectional facilities and the types of services that such 
schools will provide such youth and other at-risk 
youth; 
‘‘(5) a description of the characteristics (includ-
ing learning difficulties, substance abuse problems, 
and other special needs) of the youth who will be re-
turning from correctional facilities and, as appro-
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•HR 1 RH1&2 
priate, other at-risk youth expected to be served by the 
program and how the school will coordinate existing 
educational programs to meet the unique educational 
needs of such youth; 
‘‘(6) as appropriate, a description of how schools 
will coordinate with existing social, health, and other 
services to meet the needs of students returning from 
correctional facilities, students at risk of dropping out 
of school, and other participating students, including 
prenatal health care and nutrition services related to 
the health of the parent and child, parenting and 
child development classes, child care, targeted reentry 
and outreach programs, referrals to community re-
sources, and scheduling flexibility; 
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training, 
curriculum-based youth entrepreneurship education, 
and mentoring services for participating students; 
‘‘(8) as appropriate, a description of how pro-
grams will involve parents in efforts to improve the 
educational achievement of their children, prevent the 
involvement of their children in delinquent activities, 
and encourage their children to remain in school and 
complete their education; 
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‘‘(9) a description of how the program under this 
subpart will be coordinated with other Federal, State, 
and local programs, such as job training programs 
and vocational and technical education programs 
serving this at-risk population of youth.’’. 
SEC. 140. USES OF FUNDS. 
Section 1424 (20 U.S.C. 6454) is amended by striking 
paragraphs (1) through (3) and inserting the following: 
‘‘(1) programs that serve youth returning from 
correctional facilities to local schools, to assist in the 
transition of such youth to the school environment 
and help them remain in school in order to complete 
their education; 
‘‘(2) providing assistance to other youth at risk 
of dropping out of school, including pregnant and 
parenting teenagers; 
‘‘(3) the coordination of social, health, and other 
services, including day care, for participating youth, 
if the provision of such services will improve the like-
lihood that such youth will complete their education; 
‘‘(4) special programs to meet the unique aca-
demic needs of participating youth, including voca-
tional and technical education, special education, ca-
reer counseling, curriculum-based youth entrepreneur-
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•HR 1 RH1&2 
ship education, and assistance in securing student 
loans or grants for postsecondary education; and 
‘‘(5) programs providing mentoring and peer 
mediation.’’. 
SEC. 141. PROGRAM REQUIREMENTS. 
Section 1425 (20 U.S.C. 6455) is amended— 
(1) in the section heading, by striking ‘‘THIS 
SECTION’’ and inserting ‘‘this subpart’’; 
(2) in the matter preceding paragraph (1), by 
striking ‘‘this section’’ and inserting ‘‘this subpart’’; 
(3) in paragraph (1), by striking ‘‘where feasible, 
ensure educational programs’’ and inserting ‘‘to the 
extent practicable, ensure that educational programs’’; 
(4) in paragraphs (3) and (8), by striking 
‘‘where feasible,’’ and inserting ‘‘to the extent prac-
ticable,’’; 
(5) in paragraph (9)— 
(A) by striking ‘‘this program’’ and insert-
ing ‘‘this subpart’’; 
(B) by inserting ‘‘and technical’’ after ‘‘vo-
cational’’; and 
(C) by striking ‘‘title I of the Workforce In-
vestment Act of 1998’’ and inserting ‘‘other job 
training programs’’; 
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(6) in paragraph (10), by inserting ‘‘(42 U.S.C. 
5601 et seq.)’’ after ‘‘Juvenile Justice and Delin-
quency Prevention Act of 1974’’; and 
(7) by amending paragraph (11) to read as fol-
lows: 
‘‘(11) if appropriate, work with local businesses 
to develop training, curriculum-based youth entrepre-
neurship education, and mentoring programs for 
youth.’’. 
SEC. 142. PROGRAM EVALUATIONS. 
Section 1431(a) (20 U.S.C. 6471(a)) is amended by 
striking ‘‘sex, and if feasible,’’ and inserting ‘‘gender,’’. 
PART E—FEDERAL EVALUATIONS AND 
DEMONSTRATIONS 
SEC. 151. EVALUATIONS. 
Section 1501 (20 U.S.C. 6491) is amended to read as 
follows: 
‘‘SEC. 1501. EVALUATIONS. 
‘‘(a) NATIONAL ASSESSMENT.— 
‘‘(1) IN GENERAL.—In accordance with this sec-
tion, the Secretary shall conduct a national assess-
ment of programs assisted under this title. 
‘‘(2) ISSUES TO BE EXAMINED.—In conducting 
the assessment under this subsection, the Secretary 
shall examine— 
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‘‘(A) the implementation of programs as-
sisted under this title and the impact of such im-
plementation on increasing student academic 
achievement, particularly schools with high con-
centrations of children living in poverty; 
‘‘(B) the implementation of State standards, 
assessments, and accountability systems devel-
oped under this title and the impact of such im-
plementation on educational programs and in-
struction at the local level; 
‘‘(C) the impact of schoolwide programs and 
targeted assistance programs under this title on 
improving student academic achievement; 
‘‘(D) the extent to which varying models of 
comprehensive school reform are funded under 
this title, and the effect of the implementation of 
such models on improving achievement of dis-
advantaged students; 
‘‘(E) the costs as compared to the benefits of 
the activities assisted under this title; 
‘‘(F) the impact of school choice options 
under section 1116 on the academic achievement 
of disadvantaged students, on schools in school 
improvement, and on schools from which stu-
dents have transferred under such options; 
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‘‘(G) the extent to which actions authorized 
under section 1116 of this title are employed by 
State and local educational agencies to improve 
the academic achievement of students in low-per-
forming schools, and the effectiveness of the im-
plementation of such actions; 
‘‘(H) the extent to which technical assist-
ance made available under this title is used to 
improve the achievement of students in low-per-
forming schools, and the impact of such assist-
ance on such achievement; 
‘‘(I) the extent to which State and local fis-
cal accounting requirements under this title 
limit the flexibility of schoolwide programs; 
‘‘(J) the impact of the professional develop-
ment activities assisted under this title on in-
struction and student performance; 
‘‘(K) the extent to which the assistance 
made available under this title is targeted to dis-
advantaged students and schools that need them 
the most; 
‘‘(L) the effectiveness of Federal administra-
tion assistance made available under this title, 
including monitoring and technical assistance; 
and 
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‘‘(M) such other issues as the Secretary con-
siders appropriate. 
‘‘(3) SOURCES OF INFORMATION.—In conducting 
the assessment under this subsection, the Secretary 
shall use information from a variety of sources, in-
cluding the National Assessment of Educational 
Progress (carried out under section 411 of the Na-
tional Education Statistics Act of 1994 (20 U.S.C. 
9010)), state evaluations, and other research studies. 
‘‘(4) COORDINATION.—In carrying out this sub-
section, the Secretary shall— 
‘‘(A) coordinate conducting the national as-
sessment with conducting the longitudinal study 
described in subsection (c); and 
‘‘(B) ensure that the independent review 
panel described in subsection (d) participates in 
conducting the national assessment, including 
planning for and reviewing the assessment. 
‘‘(5) REPORTS.— 
‘‘(A) INTERIM REPORT.—Not later than 3 
years after the date of enactment of the Leave No 
Child Behind Act of 2001, the Secretary shall 
transmit to the President and the Congress an 
interim report on the national assessment con-
ducted under this subsection. 
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•HR 1 RH1&2 
‘‘(B) FINAL
REPORT.—Not later than 4 
years after the date of enactment of the Leave No 
Child Behind Act of 2001, the Secretary shall 
transmit to the President and the Congress a 
final report on the national assessment con-
ducted under this subsection. 
‘‘(b) STUDIES AND DATA COLLECTION.— 
‘‘(1) IN GENERAL.—In addition to other activi-
ties described in this section, the Secretary may, di-
rectly or through the making of grants to or contracts 
with appropriate entities— 
‘‘(A) conduct studies and evaluations of the 
need for, and effectiveness of, each program au-
thorized under this title; 
‘‘(B) collect the data necessary to comply 
with the Government Performance and Results 
Act of 1993; and 
‘‘(C) provide guidance and technical assist-
ance to State educational agencies and local edu-
cational agencies in developing and maintaining 
management information systems through which 
such agencies can develop program performance 
indicators in order to improve services and per-
formance. 
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‘‘(2) MINIMUM INFORMATION.—Under this sub-
section, the Secretary shall collect, at a minimum, 
trend information on the effect of each program au-
thorized under this title, which shall complement the 
data collected and reported under subsections (a) and 
(c). 
‘‘(c) NATIONAL LONGITUDINAL STUDY.— 
‘‘(1) IN GENERAL.—The Secretary shall conduct 
a longitudinal study of schools receiving assistance 
under this title. 
‘‘(2) ISSUES TO BE EXAMINED.—In carrying out 
this subsection, the Secretary shall ensure that the 
study referred to in paragraph (1) provides the Con-
gress and educators with each of the following: 
‘‘(A) An accurate description and analysis 
of short-term and long-term effectiveness of the 
assistance made available under this title upon 
academic performance. 
‘‘(B) Information that can be used to im-
prove the effectiveness of the assistance made 
available under this title in enabling students to 
meet challenging achievement standards. 
‘‘(C) An analysis of educational practices or 
model programs that are effective in improving 
the achievement of disadvantaged children. 
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‘‘(D) An analysis of the costs as compared 
to the benefits of the assistance made available 
under this title in improving the achievement of 
disadvantaged children. 
‘‘(E) An analysis of the effects of the avail-
ability of school choice options under section 
1116 on the academic achievement of disadvan-
taged students, on schools in school improvement, 
and on schools from which students have trans-
ferred under such options. 
‘‘(F) Such other information as the Sec-
retary considers appropriate. 
‘‘(3) SCOPE.—In conducting the study referred to 
in paragraph (1), the Secretary shall ensure that the 
study— 
‘‘(A) bases its analysis on a nationally rep-
resentative sample of schools participating in 
programs under this part; 
‘‘(B) to the extent practicable, includes in 
its analysis students who transfer to different 
schools during the course of the study; and 
‘‘(C) analyzes varying models or strategies 
for delivering school services, including— 
‘‘(i) schoolwide and targeted services; 
and 
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‘‘(ii) comprehensive school reform mod-
els. 
‘‘(d) INDEPENDENT REVIEW PANEL.— 
‘‘(1) IN GENERAL.—The Secretary shall establish 
an independent review panel (in this subsection re-
ferred to as the ‘Review Panel’) to advise the Sec-
retary on methodological and other issues that arise 
in carrying out subsections (a) and (c). 
‘‘(2) APPOINTMENT OF MEMBERS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the Secretary shall appoint members 
of the Review Panel from among qualified indi-
viduals who are— 
‘‘(i) specialists in statistics, evaluation, 
research, and assessment; 
‘‘(ii) education practitioners, including 
teachers, principals, and local and State su-
perintendents; and 
‘‘(iii) other individuals with technical 
expertise who would contribute to the over-
all rigor and quality of the program evalua-
tion. 
‘‘(B) LIMITATIONS.—In appointing mem-
bers of the Review Panel under this subpara-
graph (A), the Secretary shall ensure that— 
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‘‘(i) in order to ensure diversity, a ma-
jority of the number of individuals ap-
pointed under subparagraph (A)(i) rep-
resent disciplines or programs outside the 
field of education; and 
‘‘(ii) the total number of the individ-
uals appointed under subparagraph (A)(ii) 
or (A)(iii) does not exceed 1⁄3 of the total 
number of the individuals appointed under 
this paragraph. 
‘‘(3) FUNCTIONS.—The Review Panel shall con-
sult with and advise the Secretary— 
‘‘(A) to ensure that the assessment con-
ducted under subsection (a) and the study con-
ducted under subsection (c)— 
‘‘(i) adhere to the highest possible 
standards of quality with respect to research 
design, statistical analysis, and the dissemi-
nation of findings; and 
‘‘(ii) use valid and reliable measures to 
document program implementation and im-
pacts; and 
‘‘(B) to ensure— 
‘‘(i) that the final report described in 
subsection (a)(5)(B) is reviewed not later 
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•HR 1 RH1&2 
than 120 days after its completion by not 
less than 2 independent experts in program 
evaluation; 
‘‘(ii) that such experts evaluate and 
comment on the degree to which the report 
complies with subsection (a); and 
‘‘(iii) that the comments of such ex-
perts are transmitted with the report under 
subsection (a)(5)(B).’’. 
SEC. 152. DEMONSTRATIONS OF INNOVATIVE PRACTICES. 
(a) IN GENERAL.—Section 1502 (20 U.S.C. 6492) is 
amended— 
(1) by redesignating subsection (b) as subsection 
(c); 
(2) by striking in subsection (a) ‘‘(2) EVALUA-
TION.—The Secretary’’ and inserting ‘‘(b) EVALUA-
TION.—The Secretary’’ and by moving such sub-
section (b) 2 ems to the left; 
(3) by striking in subsection (a) ‘‘Such projects 
shall include promising’’ and all that follows through 
‘‘career guidance opportunities.’’; 
(4) by striking ‘‘student performance standards’’ 
and inserting ‘‘student achievement standards’’; 
(5) by inserting ‘‘academic’’ after ‘‘to meet chal-
lenging State’’; and 
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•HR 1 RH1&2 
(6) by striking ‘‘(a) DEMONSTRATION
PRO-
GRAMS’’ and all that follows through ‘‘IN GENERAL.— 
From the’’ and inserting ‘‘(a) IN GENERAL.—From 
the’’. 
SEC. 153. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM; 
DROPOUT REPORTING. 
(a) IN GENERAL.—Part E of title I (20 U.S.C. 6491 
et seq.) is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 1503. ELLENDER-CLOSE UP FELLOWSHIP PROGRAM 
‘‘(a) FINDINGS.—Congress finds the following: 
‘‘(1) It is a worthwhile goal to ensure that all 
students in America are prepared for responsible citi-
zenship and that all students should have the oppor-
tunity to be involved in activities that promote and 
demonstrate good citizenship. 
‘‘(2) It is a worthwhile goal to ensure that Amer-
ica’s educators have access to programs for the contin-
ued improvement of their professional skills. 
‘‘(3) Allen J. Ellender, a Senator from Lou-
isiana and President pro tempore of the United 
States Senate, had a distinguished career in public 
service characterized by extraordinary energy and 
real concern for young people. Senator Ellender pro-
vided valuable support and encouragement to the 
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Close Up Foundation, a nonpartisan, nonprofit foun-
dation promoting knowledge and understanding of the 
Federal Government among young people and edu-
cators. Therefore, it is a fitting and appropriate trib-
ute to Senator Ellender to provide fellowships in his 
name to students of limited economic means and the 
teachers who work with such students, so that such 
students and teachers may participate in the pro-
grams supported by the Close Up Foundation. 
‘‘(4) The Close Up Foundation is a nonpartisan, 
nonprofit, education foundation promoting civic re-
sponsibility and knowledge and understanding of the 
Federal Government among young people and edu-
cators. The Congress has consistently supported the 
Close Up Foundation’s work with disadvantaged 
young people and their educators through the Allen J. 
Ellender Fellowship Program. Therefore, it is fitting 
and appropriate to continue support under the suc-
cessor Ellender-Close Up Fellowship Program to stu-
dents of limited economic means and the teachers who 
work with such students, so that such students and 
teachers may participate in the programs supported 
by the Close Up Foundation. 
‘‘(b) PROGRAM FOR MIDDLE AND SECONDARY SCHOOL 
STUDENTS.— 
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‘‘(1) ESTABLISHMENT.— 
‘‘(A) GENERAL AUTHORITY.—In accordance 
with this subsection, the Secretary may make 
grants to the Close Up Foundation of Wash-
ington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting 
the Close Up Foundation in carrying out its 
programs of increasing civic responsibility and 
understanding of the Federal Government among 
middle and secondary school students. 
‘‘(B) USE OF FUNDS.—Grants under this 
subsection shall be used only to provide financial 
assistance to economically disadvantaged stu-
dents who participate in the program described 
in subparagraph (A). Financial assistance re-
ceived pursuant to this subsection by such stu-
dents shall be known as Ellender-Close Up fel-
lowships. 
‘‘(2) APPLICATIONS.— 
‘‘(A) APPLICATION
REQUIRED.—No grant 
under this subsection may be made except upon 
an application at such time, in such manner, 
and accompanied by such information as the 
Secretary may reasonably require. 
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‘‘(B) CONTENTS
OF
APPLICATION.—Each 
application submitted under this paragraph 
shall contain provisions to assure— 
‘‘(i) that fellowship grants are made to 
economically disadvantaged middle and sec-
ondary school students; 
‘‘(ii) that every effort will be made to 
ensure the participation of students from 
rural and small town areas, as well as from 
urban areas, and that in awarding fellow-
ships to economically disadvantaged stu-
dents, special consideration will be given to 
the participation of students with special 
educational needs, including students with 
disabilities, ethnic minority students, recent 
immigrants, and gifted and talented stu-
dents; and 
‘‘(iii) the proper disbursement of the 
funds received under this subsection. 
‘‘(c) PROGRAM FOR MIDDLE AND SECONDARY SCHOOL 
TEACHERS.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) GENERAL AUTHORITY.—In accordance 
with this subsection, the Secretary may make 
grants to the Close Up Foundation of Wash-
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•HR 1 RH1&2 
ington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting 
the Close Up Foundation in carrying out its 
programs of professional development for middle 
and secondary school teachers and to promote 
greater civic understanding and responsibility 
among the students of such teachers. 
‘‘(B) USE OF FUNDS.—Grants under this 
subsection shall be used only for financial assist-
ance to teachers who participate in the program 
described in subparagraph (A). Financial assist-
ance received pursuant to this subpart by such 
individuals shall be known as Ellender-Close Up 
fellowships. 
‘‘(2) APPLICATIONS.— 
‘‘(A) APPLICATION
REQUIRED.—No grant 
under this subsection may be made except upon 
an application at such time, in such manner, 
and accompanied by such information as the 
Secretary may reasonably require. 
‘‘(B) CONTENTS
OF
APPLICATION.—Each 
application submitted under this paragraph 
shall contain provisions to assure— 
‘‘(i) that fellowship grants are made 
only to teachers who have worked with at 
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least one student from such teacher’s school 
who participates in the programs described 
in subsection (b); 
‘‘(ii) that no teacher in each school 
participating in the programs assisted 
under subsection (b) may receive more than 
one fellowship in any fiscal year; and 
‘‘(iii) the proper disbursement of the 
funds received under this subsection. 
‘‘(d) PROGRAMS FOR RECENT IMMIGRANTS AND STU-
DENTS OF MIGRANT PARENTS.— 
‘‘(1) ESTABLISHMENT.— 
‘‘(A) GENERAL AUTHORITY.—In accordance 
with this subsection, the Secretary may make 
grants to the Close Up Foundation of Wash-
ington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting 
the Close Up Foundation in carrying out its 
programs of increasing understanding of the 
Federal Government among economically dis-
advantaged recent immigrants and students of 
migrant parents. 
‘‘(B) USE OF FUNDS.—Grants under this 
subsection shall be used for financial assistance 
to economically disadvantaged older Americans, 
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recent immigrants and students of migrant par-
ents who participate in the program described in 
subsection (a). Financial assistance received pur-
suant to this subpart by such individuals shall 
be known as Ellender-Close Up fellowships. 
‘‘(2) APPLICATIONS.— 
‘‘(A) APPLICATION REQUIRED.—No grant 
under this subsection may be made except upon 
application at such time, in such manner, and 
accompanied by such information as the Sec-
retary may reasonably require. 
‘‘(B) CONTENTS
OF APPLICATION.—Each 
application submitted under this paragraph 
shall contain provisions— 
‘‘(i) to assure that fellowship grants 
are made to economically disadvantaged re-
cent immigrants and students of migrant 
parents; 
‘‘(ii) to assure that every effort will be 
made to ensure the participation of recent 
immigrants and students of migrant par-
ents from rural and small town areas, as 
well as from urban areas, and that in 
awarding fellowships, special consideration 
will be given to the participation of recent 
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•HR 1 RH1&2 
immigrants and students of migrant par-
ents with special needs, including individ-
uals with disabilities, ethnic minorities, 
and gifted and talented students; 
‘‘(iii) that fully describe the activities 
to be carried out with the proceeds of the 
grant; and 
‘‘(iv) to assure the proper disbursement 
of the funds received under this subsection. 
‘‘(e) GENERAL PROVISIONS.— 
‘‘(1) ADMINISTRATIVE PROVISIONS.— 
‘‘(A) GENERAL
RULE.—Payments under 
this section may be made in installments, in ad-
vance, or by way of reimbursement, with nec-
essary adjustments on account of underpayment 
or overpayment. 
‘‘(B) AUDIT RULE.—The Comptroller Gen-
eral of the United States or any of the Comp-
troller General’s duly authorized representatives 
shall have access for the purpose of audit and ex-
amination to any books, documents, papers, and 
records that are pertinent to any grant under 
this section. 
‘‘(f) LIMITATION.—Of the funds appropriated to carry 
out this section under section 1002, the Secretary may use 
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•HR 1 RH1&2 
not more than 30 percent to carry out subsection (c) of this 
section. 
‘‘SEC. 1504. DROPOUT REPORTING. 
‘‘State educational agencies receiving funds under this 
title shall annually report to the National Center on Edu-
cation Statistics (established under section 403 of the Na-
tional Education Statistics Act of 1994 (20 U.S.C. 9002)) 
on the dropout rate of students in the State, as defined for 
the Center’s Common Core of Data.’’. 
(b) CONTINUATION
OF
AWARDS.—Notwithstanding 
any other provision of this Act, any person or agency that 
was awarded a grant under part G of title X (20 U.S.C. 
8161 et seq.) prior to the date of the enactment of this Act 
shall continue to receive funds in accordance with the terms 
of such award until the date on which the award period 
terminates under such terms. 
PART F—COMPREHENSIVE SCHOOL REFORM 
SEC. 161. SCHOOL REFORM. 
Part F of title I is amended to read as follows: 
‘‘PART F—COMPREHENSIVE SCHOOL REFORM 
‘‘SEC. 1601. COMPREHENSIVE SCHOOL REFORM. 
‘‘(a) FINDINGS AND PURPOSE.— 
‘‘(1) FINDINGS.—Congress finds the following: 
‘‘(A) A number of schools across the country 
have shown impressive gains in student perform-
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ance through the use of comprehensive models for 
schoolwide change that incorporate virtually all 
aspects of school operations. 
‘‘(B) No single comprehensive school reform 
model may be suitable for every school, however, 
schools should be encouraged to examine success-
ful, externally developed comprehensive school re-
form approaches as they undertake comprehen-
sive school reform. 
‘‘(C) Comprehensive school reform is an im-
portant means by which children are assisted in 
meeting challenging State student academic 
achievement standards. 
‘‘(2) PURPOSE.—The purpose of this section is to 
provide financial incentives for schools to develop 
comprehensive school reforms, based upon scientif-
ically-based research and effective practices that in-
clude an emphasis on basic academics and parental 
involvement so that all children can meet challenging 
State content and academic achievement standards. 
‘‘(b) PROGRAM AUTHORIZED.— 
‘‘(1) IN GENERAL.—The Secretary is authorized 
to provide grants to State educational agencies to 
provide subgrants to local educational agencies to 
carry out the purpose described in subsection (a)(2). 
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‘‘(2) ALLOCATION.— 
‘‘(A) RESERVATION.—Of the amount appro-
priated under this section, the Secretary may re-
serve— 
‘‘(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 Is-
lands; 
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities described 
under subsection (e); and 
‘‘(iii) not more than 2 percent of the 
amount appropriated in fiscal year 2002 to 
carry out this part, for quality initiatives 
described under subsection (f). 
‘‘(B) IN GENERAL.—Of the amount of funds 
remaining after the reservation under subpara-
graph (A), the Secretary shall allocate to each 
State for a fiscal year, an amount that bears the 
same ratio to the remainder for that fiscal year 
as the amount made available under section 
1124 to the State for the preceding fiscal year 
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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 Secretary 
shall reallocate such funds to other States that do 
apply in proportion to the amount allocated to 
such States under subparagraph (B). 
‘‘(c) STATE AWARDS.— 
‘‘(1) STATE APPLICATION.— 
‘‘(A) IN GENERAL.—Each State educational 
agency that desires to receive a grant under this 
section shall submit an application to the Sec-
retary at such time, in such manner and con-
taining such other information as the Secretary 
may reasonably require. 
‘‘(B) CONTENTS.—Each State application 
shall also describe— 
‘‘(i) the process and selection criteria 
by which the State educational agency, 
using expert review, will select local edu-
cational agencies to receive subgrants under 
this section; 
‘‘(ii) how the agency will ensure that 
funds under this part are used only for 
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comprehensive 
school 
reform 
programs 
that— 
‘‘(I) include each of the compo-
nents described in subsection (d)(2); 
‘‘(II) have the capacity to improve 
the academic achievement of all stu-
dents in core academic subjects within 
participating schools; and 
‘‘(III) are supported by technical 
assistance providers that have a suc-
cessful track record, financial stability, 
and the capacity to deliver high-qual-
ity materials and professional develop-
ment for school personnel. 
‘‘(iii) how the agency will disseminate 
materials regarding information on com-
prehensive school reforms that are based on 
scientifically-based research and effective 
practices; 
‘‘(iv) how the agency will evaluate an-
nually the implementation of such reforms 
and measure the extent to which the reforms 
resulted in increased student academic per-
formance; and 
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‘‘(v) how the agency will provide, tech-
nical assistance to the local educational 
agency or consortia of local educational 
agencies, and to participating schools, in 
evaluating, developing, and implementing 
comprehensive school reform. 
‘‘(2) USES OF FUNDS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (E), a State educational agency 
that receives an award under this section shall 
use such funds to provide competitive grants to 
local educational agencies or consortia of local 
educational agencies in the State receiving funds 
under part A to support comprehensive school re-
forms in schools eligible for funds under such 
part. 
‘‘(B) GRANT REQUIREMENTS.—A grant to a 
local educational agency or consortium shall 
be— 
‘‘(i) of sufficient size and scope to sup-
port the initial costs of the comprehensive 
school reforms selected or designed by each 
school identified in the application of the 
local educational agency or consortium; 
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‘‘(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); 
or 
‘‘(ii) demonstrate a commitment to as-
sist schools with budget allocation, profes-
sional 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 
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•HR 1 RH1&2 
urban and rural areas, and to schools serving el-
ementary 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 available 
under this section shall be used to supplement, 
not supplant, any other Federal, State, or local 
funds that would otherwise be available to carry 
out this section. 
‘‘(3) REPORTING.—Each State educational agen-
cy that receives an award under this section shall 
provide to the Secretary such information as the Sec-
retary may require, including the names of local edu-
cational agencies and schools selected to receive 
subgrant awards under this section, the amount of 
such award, a description of the comprehensive school 
reforms selected and in use and a copy of the State’s 
annual evaluation of the implementation of com-
prehensive school reforms supported under this part 
and student achievement results. 
‘‘(d) LOCAL AWARDS.— 
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‘‘(1) IN GENERAL.—Each local educational agen-
cy or consortium that applies for a subgrant under 
this section shall— 
‘‘(A) identify which schools eligible for 
funds under part A plan to implement a com-
prehensive school reform program, including the 
projected costs of such a program; 
‘‘(B) describe the comprehensive school re-
forms based on scientifically-based research and 
effective practices that such schools will imple-
ment; 
‘‘(C) describe how the agency or consortium 
will provide technical assistance and support for 
the effective implementation of the school reforms 
based on scientifically-based research and effec-
tive practices selected by such schools; and 
‘‘(D) describe how the agency or consortium 
will evaluate the implementation of such reforms 
and measure the results achieved in improving 
student academic performance. 
‘‘(2) COMPONENTS OF THE PROGRAM.—A local 
educational agency that receives a subgrant award 
under this section shall provide such funds to schools 
that implement a comprehensive school reform pro-
gram that— 
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‘‘(A) employs proven strategies and proven 
methods for student learning, teaching, and 
school management that are based on scientif-
ically-based research and effective practices and 
have been replicated successfully in similar 
schools; 
‘‘(B) integrates a comprehensive design for 
effective school functioning, including instruc-
tion, assessment, classroom management, profes-
sional development, parental involvement, and 
school management, that aligns the school’s cur-
riculum, technology, and professional develop-
ment into a comprehensive reform plan for 
schoolwide change designed to enable all students 
to meet challenging State content and chal-
lenging student performance standards and ad-
dresses needs identified through a school needs 
assessment; 
‘‘(C) provides high-quality and continuous 
teacher and staff professional development; 
‘‘(D) includes measurable goals for student 
performance and benchmarks for meeting such 
goals; 
‘‘(E) is supported by teachers, principals, 
administrators, and other professional staff; 
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‘‘(F) provides for the meaningful involve-
ment of parents and the local community in 
planning and implementing school improvement 
activities; 
‘‘(G) uses high quality external technical 
support and assistance from an entity, which 
may be an institution of higher education, with 
experience and expertise in schoolwide reform 
and improvement; 
‘‘(H) includes a plan for the annual evalua-
tion of the implementation of school reforms and 
the student results achieved; 
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources, 
available to the school will be used to coordinate 
services to support and sustain the school reform 
effort; and 
‘‘(J)(i) has been found, through rigorous 
field experiments in multiple sites, to signifi-
cantly improve the academic performance of stu-
dents participating in such activity or program 
as compared to similar students in similar 
schools, who have not participated in such activ-
ity or program; or 
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‘‘(ii) has been found to have strong evidence 
that such model will significantly improve the 
performance of participating children. 
‘‘(3) SPECIAL
RULE.—A school that receives 
funds to develop a comprehensive school reform pro-
gram shall not be limited to using nationally avail-
able approaches, but may develop its own comprehen-
sive school reform program for schoolwide change that 
complies with paragraph (2). 
‘‘(e) EVALUATION AND REPORT.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
a plan for a national evaluation of the programs de-
veloped pursuant to this section. 
‘‘(2) EVALUATION.—This national evaluation 
shall 
evaluate 
the 
implementation 
and 
results 
achieved by schools after 3 years of implementing 
comprehensive school reforms, and assess the effective-
ness of comprehensive school reforms in schools with 
diverse characteristics. 
‘‘(3) REPORTS.—Prior to the completion of a na-
tional evaluation, the Secretary shall submit an in-
terim report outlining first year implementation ac-
tivities to the Committees on Education and the 
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
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cation, Labor, and Pensions and Appropriations of 
the Senate. 
‘‘(f) QUALITY INITIATIVES.—The Secretary, through 
grants or contracts, shall provide funds for the following 
activities: 
‘‘(1) TECHNICAL
ASSISTANCE.—A joint public 
and private partnership that receives matching funds 
from private organizations, in order to assist States, 
local educational agencies, and schools in making in-
formed decisions when approving or selecting pro-
viders of comprehensive school reform, consistent with 
the requirements described in subsection (d)(3). 
‘‘(2) 
OTHER
ACTIVITIES.—Other 
activities 
that— 
‘‘(A) encourage the development of com-
prehensive reform models; 
‘‘(B) build the capacity of comprehensive 
school reform providers to increase the number of 
schools the providers can serve; and 
‘‘(C) ensure that schools served receive high 
quality services that meet the needs of their 
teachers and students.’’. 
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PART G—RURAL EDUCATION FLEXIBILITY AND 
ASSISTANCE 
SEC. 171. RURAL EDUCATION. 
Title I is amended by adding at the end the following 
new part: 
‘‘PART G—RURAL EDUCATION FLEXIBILITY AND 
ASSISTANCE 
‘‘SEC. 1701. SHORT TITLE. 
‘‘This part may be cited as the ‘Rural Education Ini-
tiative Act’. 
‘‘SEC. 1702. FINDINGS. 
‘‘Congress finds the following: 
‘‘(1) While there are rural education initiatives 
identified at the State and local level, no Federal edu-
cation policy focuses on the specific and unique needs 
of rural school districts and schools. 
‘‘(2) Small school districts often cannot use Fed-
eral grant funds distributed by formula because the 
formula allocation does not provide enough revenue to 
carry out the program the grant is intended to fund. 
‘‘(3) Rural schools often cannot compete for Fed-
eral funding distributed by competitive grants because 
the schools lack the personnel needed to prepare grant 
applications and the resources to hire specialists in 
the writing of Federal grant proposals. 
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‘‘(4) A critical problem for rural school districts 
involves the hiring and retention of qualified admin-
istrators and certified teachers (especially in reading, 
science, and mathematics). As a result, teachers in 
rural schools are almost twice as likely to provide in-
struction in three or more subject areas than teachers 
in urban schools. Rural schools also face other tough 
challenges, such as shrinking local tax bases, high 
transportation costs, aging buildings, limited course 
offerings, and limited resources. 
‘‘Subpart 1—Rural Education Flexibility 
‘‘SEC. 1711. FORMULA GRANT PROGRAM AUTHORIZED. 
‘‘(a) ALTERNATIVE USES.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, an eligible local educational agency 
may use the applicable funding, that the agency is el-
igible to receive from the State educational agency for 
a fiscal year, to carry out local activities authorized 
in part A of title I, part A of title II, part A of title 
III, part A of title IV, or part A or B of title V. 
‘‘(2) NOTIFICATION.—An eligible local edu-
cational agency shall notify the State educational 
agency of the local educational agency’s intention to 
use the applicable funding in accordance with para-
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•HR 1 RH1&2 
graph (1) not later than a date that is established by 
the State educational agency for the notification. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A local educational agency 
shall be eligible to use the applicable funding in ac-
cordance with subsection (a) if— 
‘‘(A)(i) the total number of students in aver-
age daily attendance at all of the schools served 
by the local educational agency is less than 600; 
and 
‘‘(ii) all of the schools served by the local 
educational agency are designated with a school 
locale code of 7 or 8 as determined by the Sec-
retary of Education; or 
‘‘(B) the agency meets the criteria estab-
lished in subparagraph (A)(i) and the Secretary, 
in accordance with paragraph (2), grants the 
local educational agency’s request to waive the 
criteria described in subparagraph (A)(ii). 
‘‘(2) CERTIFICATION.—The Secretary shall deter-
mine whether or not to waive the criteria described in 
paragraph (1)(A)(ii) based on a demonstration by a 
local educational agency and concurrence by the State 
educational agency that the local educational agency 
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is located in an area defined as rural by a govern-
mental agency of the State. 
‘‘(c) APPLICABLE FUNDING.—In this section, the term 
‘applicable funding’ means funds provided under part A 
of title II, section 3106, part A of title IV, part A of title 
V, and section 5212(2)(A). 
‘‘(d) DISBURSEMENT.—Each State educational agency 
that receives applicable funding for a fiscal year shall dis-
burse the applicable funding to local educational agencies 
for alternative uses under this section for the fiscal year 
at the same time that the State educational agency dis-
burses the applicable funding to local educational agencies 
that do not intend to use the applicable funding for such 
alternative uses for the fiscal year. 
‘‘(e) SUPPLEMENT
NOT
SUPPLANT.—Funds used 
under this section shall be used to supplement and not sup-
plant any other Federal, State, or local education funds 
that would otherwise be available for the purpose of this 
subpart. 
‘‘(f) APPLICABLE RULE.—Except as otherwise pro-
vided in this subpart, funds transferred under this subpart 
are subject to each of the rules and requirements applicable 
to the funds allocated by the Secretary under the provision 
to which the transferred funds are transferred. 
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‘‘SEC. 1712. PROGRAM AUTHORIZED. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
award grants to eligible local educational agencies under 
section 1711(b) to enable the local educational agencies to 
support local or statewide education reform efforts intended 
to improve the academic achievement of elementary school 
and secondary school students and the quality of instruction 
provided for the students. 
‘‘(b) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), the Secretary shall award a grant to an 
eligible local educational agency under section 
1711(b) for a fiscal year in an amount equal to the 
initial amount determined under paragraph (2) for 
the fiscal year minus the total amount received under 
the provisions of law described under section 1711(c) 
for the preceding fiscal year. 
‘‘(2) 
DETERMINATION
OF
THE
INITIAL 
AMOUNT.—The initial amount referred to in para-
graph (1) is equal to $100 multiplied by the total 
number of students, over 50 students, in average daily 
attendance in such eligible agency plus $20,000, ex-
cept that the initial amount may not exceed $60,000. 
‘‘(3) RATABLE ADJUSTMENT.— 
‘‘(A) IN
GENERAL.—If the amount made 
available for this subpart for any fiscal year is 
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not sufficient to pay in full the amounts that 
local educational agencies are eligible to receive 
under paragraph (1) for such year, the Secretary 
shall ratably reduce such amounts for such year. 
‘‘(B) ADDITIONAL AMOUNTS.—If additional 
funds become available for making payments 
under paragraph (1) for such fiscal year, pay-
ments that were reduced under subparagraph (A) 
shall be increased on the same basis as such pay-
ments were reduced. 
‘‘(4) CENSUS DETERMINATION.— 
‘‘(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 sub-
paragraph (A) to the Secretary not later than 
March 1 of each year. 
‘‘(c) DISBURSAL.—The Secretary shall disburse the 
funds awarded to a local educational agency under this sec-
tion for a fiscal year not later than July 1 of that year. 
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‘‘(d) SPECIAL RULE.—A local educational agency that 
is eligible to receive a grant under this subpart for a fiscal 
year shall be ineligible to receive funds for such fiscal year 
under subpart 2. 
‘‘(e) SUPPLEMENT
NOT
SUPPLANT.—Funds made 
available under this section shall be used to supplement and 
not supplant any other Federal, State, or local education 
funds. 
‘‘SEC. 1713. ACCOUNTABILITY. 
‘‘(a) ACADEMIC ACHIEVEMENT.— 
‘‘(1) IN GENERAL.—Each local educational agen-
cy that uses or receives funds under section 1711 or 
1712 for a fiscal year shall administer an assessment 
consistent with section 1111. 
‘‘(2) SPECIAL
RULE.—Each local educational 
agency that uses or receives funds under section 1711 
or 1712 shall use the same assessment described in 
paragraph (1) for each year of participation 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 1711(c) shall— 
‘‘(1) after the second year that a local edu-
cational agency participates in a program under sec-
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tion 1711 or 1712 and on the basis of the results of 
the assessments described in subsection (a), determine 
whether the schools served by the local educational 
agency participating in the program performed in ac-
cordance with section 1111; and 
‘‘(2) only permit those local educational agencies 
that so participated and make adequate yearly 
progress, as described in section 1111(b)(2), to con-
tinue to so participate. 
‘‘Subpart 2—Rural Education Assistance 
‘‘SEC. 1721. PROGRAM AUTHORIZED. 
‘‘(a) RESERVATIONS.—From amounts appropriated 
under section 1002(f) for this subpart for a fiscal year, the 
Secretary shall reserve 1⁄2 of 1 percent to make awards to 
elementary or secondary schools operated or supported by 
the Bureau of Indian Affairs to carry out the purpose of 
this subpart. 
‘‘(b) GRANTS TO STATES.— 
‘‘(1) IN GENERAL.—From amounts appropriated 
under section 1002(f) for this subpart that are not re-
served under subsection (a), the Secretary shall award 
grants for a fiscal year to State educational agencies 
that have applications approved under section 1723 
to enable the State educational agencies to award sub-
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grants to eligible local educational agencies for local 
authorized activities described in subsection (c)(2). 
‘‘(2) ALLOCATION.—From amounts appropriated 
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 ap-
propriated under section 1002(f) for this subpart that 
are not reserved under subsection (a) as the number 
of students in average daily attendance served by eli-
gible local educational agencies in the State bears to 
the number of all such students served by eligible local 
educational agencies in all States for that fiscal year. 
‘‘(3) DIRECT AWARDS TO SPECIALLY QUALIFIED 
AGENCIES.— 
‘‘(A) NONPARTICIPATING STATE.—If a State 
educational agency elects not to participate in 
the program under this subpart or does not have 
an application approved under section 1723 a 
specially qualified agency in such State desiring 
a grant under this subpart shall submit an ap-
plication under such section directly to the Sec-
retary to receive an award under this subpart. 
‘‘(B) DIRECT AWARDS TO SPECIALLY QUALI-
FIED AGENCIES.—The Secretary may award, on 
a competitive basis, the amount the State edu-
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•HR 1 RH1&2 
cational agency is eligible to receive under para-
graph (2) directly to specially qualified 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 educational 
agency are from families with incomes below the 
poverty line; and 
‘‘(B) all of the schools served by the agency 
are designated with a school code of 6, 7, or 8 
as determined by the Secretary of Education. 
‘‘(2) USES OF FUNDS.—Grant funds awarded to 
local educational agencies or made available to 
schools under this subpart shall be used for— 
‘‘(A) teacher recruitment and retention, in-
cluding the use of signing bonuses and other fi-
nancial incentives; 
‘‘(B) teacher professional development, in-
cluding programs that train teachers to utilize 
technology to improve teaching and to train spe-
cial needs teachers; 
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‘‘(C) educational technology, including soft-
ware and hardware as described in part B of 
title V; 
‘‘(D) parental involvement activities; or 
‘‘(E) programs to improve student academic 
achievement. 
‘‘SEC. 1722. STATE DISTRIBUTION OF FUNDS. 
‘‘(a) AWARD BASIS.—A State educational agency shall 
award grants to eligible local educational agencies— 
‘‘(1) on a competitive basis; or 
‘‘(2) according to a formula based on the number 
of students in average daily attendance served by the 
eligible local educational agencies or schools (as ap-
propriate) in the State, as determined by the State. 
‘‘(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. 1723. APPLICATIONS. 
‘‘Each State educational agency and specially quali-
fied agency desiring to receive a grant under this subpart 
shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as 
the Secretary may require. Such application shall include 
specific measurable goals and objectives relating to in-
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creased student academic achievement, decreased student 
dropout rates, or such other factors that the State edu-
cational agency or specially qualified agency may choose 
to measure. 
‘‘SEC. 1724. REPORTS. 
‘‘(a) STATE REPORTS.—Each State educational agen-
cy that receives a grant under this subpart shall provide 
an annual report to the Secretary. The report shall de-
scribe— 
‘‘(1) the method the State educational agency 
used to award grants to eligible local educational 
agencies and to provide assistance to schools under 
this subpart; 
‘‘(2) how local educational agencies and schools 
used funds provided under this subpart; and 
‘‘(3) the degree to which progress has been made 
toward meeting the goals and objectives described in 
the application submitted under section 1723. 
‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each 
specially qualified agency that receives a grant under this 
subpart shall provide an annual report to the Secretary. 
Such report shall describe— 
‘‘(1) how such agency uses funds provided under 
this subpart; and 
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‘‘(2) the degree to which progress has been made 
toward meeting the goals and objectives described in 
the application submitted under section 1723. 
‘‘(c) REPORT TO CONGRESS.—The Secretary shall pre-
pare and submit to the Committee on Education and the 
Workforce for the House of Representatives and the Com-
mittee on Health, Education, Labor, and Pensions for the 
Senate an annual report. The report shall describe— 
‘‘(1) the methods the State educational agency 
used to award grants to eligible local educational 
agencies and to provide assistance to schools under 
this subpart; 
‘‘(2) how eligible local educational agencies and 
schools used funds provided under this subpart; and 
‘‘(3) progress made in meeting specific measur-
able educational goals and objectives. 
‘‘SEC. 1725. PERFORMANCE REVIEW. 
‘‘Three years after a State educational agency or spe-
cially qualified agency receives funds under this part, the 
Secretary shall review the progress of such agency toward 
achieving the goals and objectives included in its applica-
tion, to determine whether the agency has made progress 
toward meeting such goals and objectives. To review the per-
formance of each agency, the Secretary shall— 
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‘‘(1) review the use of funds of such agency under 
section 1721(c)(2); and 
‘‘(2) deny the provision of additional funds in 
subsequent fiscal years to an agency only if the Sec-
retary determines, after notice and an opportunity for 
a hearing, that the agency’s use of funds has been in-
adequate to justify continuation of such funding. 
‘‘SEC. 1726. DEFINITIONS. 
‘‘In this subpart— 
‘‘(1) The term ‘poverty line’ means the poverty 
line (as defined by the Office of Management and 
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant 
Act (42 U.S.C. 9902(2))) applicable to a family of the 
size involved. 
‘‘(2) The term ‘specially qualified agency’ means 
an eligible local educational agency, located in a 
State that does not participate in a program under 
this subpart in a fiscal year, that may apply directly 
to the Secretary for a grant in such year under sec-
tion 1721(b)(3)(A). 
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‘‘Subpart 3—General Provisions 
‘‘SEC. 1731. DEFINITION. 
‘‘In this part, the term ‘State’ means each of the 50 
States, the District of Columbia, and the Commonwealth 
of Puerto Rico.’’. 
PART H—GENERAL PROVISIONS OF TITLE I 
SEC. 181. GENERAL PROVISIONS. 
Title I is amended further by adding at the end the 
following: 
‘‘PART H—GENERAL PROVISIONS 
‘‘SEC. 1801. FEDERAL REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
issue such regulations as are necessary to ensure reasonable 
compliance with this title. 
‘‘(b) NEGOTIATED RULEMAKING PROCESS.— 
‘‘(1) IN GENERAL.—Prior to publishing in the 
Federal Register proposed regulations to carry out 
this title, the Secretary shall obtain the advice and 
recommendations of representatives of Federal, State, 
and local administrators, parents, teachers, para-
professionals, and members of local boards of edu-
cation involved with the implementation and oper-
ation of programs under this title. 
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.— 
Such advice and recommendation may be obtained 
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through such mechanisms as regional meetings and 
electronic exchanges of information. 
‘‘(3) PROPOSED REGULATIONS.—After obtaining 
such advice and recommendations, and prior to pub-
lishing proposed regulations, the Secretary shall— 
‘‘(A) establish a negotiated rulemaking 
process on a minimum of three key issues, in-
cluding— 
‘‘(i) accountability; 
‘‘(ii) implementation of assessments; 
and 
‘‘(iii) use of paraprofessionals; 
‘‘(B) select individuals to participate in 
such process from among individuals or groups 
which provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States; and 
‘‘(C) prepare a draft of proposed regulations 
that shall be provided to the individuals selected 
by the Secretary under subparagraph (B) not 
less than 15 days prior to the first meeting 
under such process. 
‘‘(4) PROCESS.—Such process— 
‘‘(A) shall be conducted in a timely manner 
to ensure that final regulations are issued by the 
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Secretary not later than 1 year after the date of 
the enactment of the No Child Left Behind Act 
of 2001; and 
‘‘(B) shall not be subject to the Federal Ad-
visory Committee Act but shall otherwise follow 
the provisions of the Negotiated Rulemaking Act 
of 1990 (5 U.S.C. 561 et seq.). 
‘‘(5) EMERGENCY SITUATION.—In an emergency 
situation in which regulations to carry out this title 
must be issued within a very limited time to assist 
State and local educational agencies with the oper-
ation of a program under this title, the Secretary 
may issue proposed regulations without following 
such process but shall, immediately thereafter and 
prior to issuing final regulations, conduct regional 
meetings to review such proposed regulations. 
‘‘(c) LIMITATION.—Regulations to carry out this part 
may not require local programs to follow a particular in-
structional model, such as the provision of services outside 
the regular classroom or school program. 
‘‘SEC. 1802. AGREEMENTS AND RECORDS. 
‘‘(a) AGREEMENTS.—All published proposed regula-
tions shall conform to agreements that result from nego-
tiated rulemaking described in section 1801 unless the Sec-
retary reopens the negotiated rulemaking process or pro-
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vides a written explanation to the participants involved in 
the process explaining why the Secretary decided to depart 
from and not adhere to such agreements. 
‘‘(b) RECORDS.—The Secretary shall ensure that an 
accurate and reliable record of agreements reached during 
the negotiations process is maintained. 
‘‘SEC. 1803. STATE ADMINISTRATION. 
‘‘(a) RULEMAKING.— 
‘‘(1) IN
GENERAL.—Each State that receives 
funds under this title shall— 
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform 
to the purposes of this title and provide any such 
proposed rules, regulations, and policies to the 
committee of practitioners under subsection (b) 
for their review and comment; 
‘‘(B) minimize such rules, regulations, and 
policies to which their local educational agencies 
and schools are subject; 
‘‘(C) eliminate or modify State and local 
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds 
under schoolwide programs; and 
‘‘(D) identify any such rule, regulation, or 
policy as a State-imposed requirement. 
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‘‘(2) SUPPORT AND FACILITATION.—State rules, 
regulations, and policies under this title shall support 
and facilitate local educational agency and school- 
level systemic reform designed to enable all children 
to meet the challenging State student academic 
achievement standards. 
‘‘(b) COMMITTEE OF PRACTITIONERS.— 
‘‘(1) IN
GENERAL.—Each State educational 
agency shall create a State committee of practitioners 
to advise the State in carrying out its responsibilities 
under this title. 
‘‘(2) MEMBERSHIP.—Each such committee shall 
include— 
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies; 
‘‘(B) administrators, including the admin-
istrators of programs described in other parts of 
this title; 
‘‘(C) teachers, including vocational edu-
cators; 
‘‘(D) parents; 
‘‘(E) members of local boards of education; 
‘‘(F) representatives of private school chil-
dren; and 
‘‘(G) pupil services personnel. 
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‘‘(3) DUTIES.—The duties of such committee 
shall include a review, prior to publication, of any 
proposed or final State rule or regulation pursuant to 
this title. In an emergency situation where such rule 
or regulation must be issued within a very limited 
time to assist local educational agencies with the op-
eration of the program under this title, the State edu-
cational agency may issue a regulation without prior 
consultation, but shall immediately thereafter convene 
the State committee of practitioners to review the 
emergency regulation prior to issuance in final form. 
‘‘SEC. 1804. LOCAL ADMINISTRATIVE COST LIMITATION. 
‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.— 
Each local educational agency may use not more than 4 
percent of funds received under part A for administrative 
expenses. 
‘‘(b) REGULATIONS.—The Secretary, after consulting 
with State and local officials and other experts in school 
finance, shall develop and issue regulations that define the 
term administrative cost for purposes of this title. Such def-
inition shall be consistent with generally accepted account-
ing principles. The Secretary shall publish final regulations 
on this section not later than 1 year after the date of the 
enactment of the No Child Left Behind Act of 2001. 
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‘‘SEC. 1805. APPLICABILITY. 
‘‘Nothing in this title shall be construed to affect home 
schools nor shall any home schooled student be required to 
participate in any assessment referenced in this title. 
‘‘SEC. 1806. PRIVATE SCHOOLS. 
‘‘Nothing in this title shall be construed to affect any 
private school that does not receive funds or services under 
this title, nor shall any student who attends a private school 
that does not receive funds or services under this title be 
required to participate in any assessment referenced in this 
title. 
‘‘SEC. 1807. PRIVACY OF ASSESSMENT RESULTS. 
‘‘Any results from individual assessments referenced in 
this title which become part of the education records of the 
student shall have the protections as provided in section 444 
of the General Education Provisions Act.’’. 
TITLE 
II—PREPARING, 
TRAIN-
ING, AND RECRUITING QUAL-
ITY TEACHERS 
SEC. 201. TEACHER QUALITY TRAINING AND RECRUITING 
FUND. 
Title II (20 U.S.C. 6601 et seq.) is amended to read 
as follows: 
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‘‘TITLE II—PREPARING, TRAIN-
ING, AND RECRUITING QUAL-
ITY TEACHERS 
‘‘PART A—TEACHER QUALITY TRAINING AND 
RECRUITING FUND 
‘‘SEC. 2001. PURPOSE. 
‘‘The purpose of this part is to provide grants to States 
and local educational agencies in order to assist their efforts 
to increase student academic achievement through such 
strategies as improving teacher and principal quality and 
increasing the number of highly qualified teachers in the 
classroom. 
‘‘Subpart 1—Grants to States to Prepare, Train, and 
Recruit Qualified Teachers 
‘‘SEC. 2011. FORMULA GRANTS TO STATES. 
‘‘(a) IN GENERAL.—In the case of each State that in 
accordance with section 2013 submits to the Secretary an 
application for a fiscal year, the Secretary shall make a 
grant for the year to the State for the uses specified in sec-
tion 2012. The grant shall consist of the allotment deter-
mined for the State under subsection (b). 
‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENTS.— 
‘‘(1) 
RESERVATION
OF
FUNDS.—From 
the 
amount made available to carry out this subpart for 
any fiscal year, the Secretary shall reserve— 
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‘‘(A) 1⁄2 of 1 percent for allotments for the 
Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands, to be distributed among these outlying 
areas on the basis of their relative need, as deter-
mined by the Secretary in accordance with the 
purpose of this part; and 
‘‘(B) 1⁄2 of 1 percent for the Secretary of the 
Interior for programs under this subpart for pro-
fessional development activities for teachers, 
other staff, and administrators in schools oper-
ated or funded by the Bureau of Indian Affairs. 
‘‘(2) STATE ALLOTMENTS.— 
‘‘(A) HOLD HARMLESS.— 
‘‘(i) IN GENERAL.—Subject to subpara-
graph (B), from the total amount made 
available to carry out this subpart for any 
fiscal year and not reserved under para-
graph (1), the Secretary shall allot to each 
of the 50 States, the District of Columbia, 
and the Commonwealth of Puerto Rico an 
amount equal to the total amount that such 
State received for fiscal year 2001 under— 
‘‘(I) section 2202(b) of this Act 
(as in effect on the day before the date 
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•HR 1 RH1&2 
of the enactment of the No Child Left 
Behind Act of 2001); and 
‘‘(II) section 306 of the Depart-
ment of Education Appropriations Act, 
2001 (as enacted into law by section 
1(a)(1) of Public Law 106–554). 
‘‘(ii) NONPARTICIPATING STATES.—In 
the case of a State that did not receive any 
funds for fiscal year 2001 under one or both 
of the provisions referred to in subclauses 
(I) and (II) of clause (i), the amount allot-
ted to the State under such clause shall be 
the total amount that the State would have 
received for fiscal year 2001 if it had elected 
to participate in all of the programs for 
which it was eligible under each of the pro-
visions referred to in such subclauses. 
‘‘(iii) RATABLE
REDUCTION.—If the 
total amount made available to carry out 
this subpart for any fiscal year and not re-
served under paragraph (1) is insufficient 
to pay the full amounts that all States are 
eligible to receive under clause (i) for any 
fiscal year, the Secretary shall ratably re-
duce such amounts for such fiscal year. 
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‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), for any fiscal year for which the total 
amount made available to carry out this 
subpart and not reserved under paragraph 
(1) exceeds the total amount required to 
make allotments under subparagraph (A), 
the Secretary shall allot such excess amount 
among the 50 States, the District of Colum-
bia, and the Commonwealth of Puerto Rico 
as follows: 
‘‘(I) 50 percent of such excess 
amount shall be allotted among such 
States on the basis of their relative 
populations of individuals aged 5 
through 17, as determined by the Sec-
retary on the basis of the most recent 
satisfactory data. 
‘‘(II) 50 percent of such excess 
amount shall be allotted among such 
States in proportion to the number of 
children, aged 5 to 17, who reside 
within the State from families with in-
comes below the poverty line (as de-
fined by the Office of Management and 
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Budget and revised annually in ac-
cordance with section 673(2) of the 
Community Services Block Grant Act 
(42 U.S.C. 9902(2)) applicable to a 
family of the size involved for the most 
recent fiscal year for which satisfactory 
data are available, compared to the 
number of such individuals who reside 
in all such States for that fiscal year. 
‘‘(ii) EXCEPTION.—No State receiving 
an allotment under clause (i) may receive 
less than 1⁄2 of 1 percent of the total excess 
amount allotted under such clause. 
‘‘(3) REALLOTMENT.—If any State does not 
apply for an allotment under this subsection for any 
fiscal year, the Secretary shall reallot such amount to 
the remaining States in accordance with this sub-
section. 
‘‘SEC. 2012. WITHIN-STATE ALLOCATIONS. 
‘‘(a) USE OF FUNDS.—Each State receiving a grant 
under this subpart shall use the funds provided under the 
grant in accordance with this section to carry out activities 
for the improvement of teaching and learning. 
‘‘(b) RESERVATION OF FUNDS.— 
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‘‘(1) IN GENERAL.—A State that receives a grant 
under this subpart may reserve not more than 5 per-
cent of the amount of the funds provided under the 
grant for— 
‘‘(A) one or more of the authorized State ac-
tivities described in subsection (e); and 
‘‘(B) planning and administration related 
to carrying out such activities and making sub-
grants to local educational agencies under sub-
parts 2 and 3. 
‘‘(2) LIMITATION ON ADMINISTRATIVE COSTS.— 
The amount reserved by a State under paragraph 
(1)(B) may not exceed 1 percent of the amount of the 
funds provided under the grant. 
‘‘(c) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant to a State under this subpart only if the State 
agrees to distribute the funds described in this sub-
section as subgrants to local educational agencies 
under subpart 3. 
‘‘(2) HOLD HARMLESS.— 
‘‘(A) IN GENERAL.—From the funds that a 
State receives under this subpart for any fiscal 
year that are not reserved under subsection (b), 
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•HR 1 RH1&2 
the State shall allot to each local educational 
agency an amount equal to the total amount that 
such agency received for fiscal year 2001 
under— 
‘‘(i) section 2203(1)(B) of this Act (as 
in effect on the day before the date of the en-
actment of the No Child Left Behind Act of 
2001); and 
‘‘(ii) section 306 of the Department of 
Education Appropriations Act, 2001 (as en-
acted into law by section 1(a)(1) of Public 
Law 106–554). 
‘‘(B) NONPARTICIPATING AGENCIES.—In the 
case of a local educational agency that did not 
receive any funds for fiscal year 2001 under one 
or both of the provisions referred to in clauses (i) 
and (ii) of subparagraph (A), the amount allot-
ted to the agency under such subparagraph shall 
be the total amount that the agency would have 
received for fiscal year 2001 if it had elected to 
participate in all of the programs for which it 
was eligible under each of the provisions referred 
to in such clauses. 
‘‘(C) RATABLE
REDUCTION.—If the funds 
described in subparagraph (A) are insufficient to 
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•HR 1 RH1&2 
pay the full amounts that all local educational 
agencies are eligible to receive under such sub-
paragraph for any fiscal year, the State shall 
ratably reduce such amounts for such fiscal year. 
‘‘(3) ALLOTMENT OF ADDITIONAL FUNDS.— 
‘‘(A) IN GENERAL.—For any fiscal year for 
which the funds that a State receives under this 
subpart that are not reserved under subsection 
(b) exceed the total amount required to make al-
lotments under paragraph (2), the State shall 
distribute the amount described in subparagraph 
(B) through a formula under which— 
‘‘(i) 20 percent is allocated to local 
educational agencies in accordance with the 
relative enrollment in public and private 
nonprofit elementary and secondary schools 
within the boundaries of such agencies; and 
‘‘(ii) 80 percent is allocated to local 
educational agencies in proportion to the 
number of children, aged 5 to 17, who reside 
within the geographic area served by such 
agency from families with incomes below 
the poverty line (as defined by the Office of 
Management and Budget and revised annu-
ally in accordance with section 673(2) of 
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•HR 1 RH1&2 
the Community Services Block Grant Act 
(42 U.S.C. 9902(2))) applicable to a family 
of the size involved for the most recent fiscal 
year for which satisfactory data are avail-
able, compared to the number of such indi-
viduals who reside in the geographic areas 
served by all the local educational agencies 
in the State for that fiscal year. 
‘‘(B) CALCULATION OF AMOUNT.— 
‘‘(i) IN
GENERAL.—The amount de-
scribed in this subparagraph for a State for 
any fiscal year is the base amount for such 
State and year, plus any additional 
amount for such State and year. 
‘‘(ii) BASE AMOUNT.—For purposes of 
this subparagraph, the term ‘base amount’ 
means 50 percent of the funds that remain 
to a State after a State makes the reserva-
tions described in subsection (b) and the al-
lotments described in paragraph (2). 
‘‘(iii) ADDITIONAL AMOUNT.—For pur-
poses of this subparagraph, the term ‘addi-
tional amount’ means the amount (if any) 
by which the base amount for a State ex-
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ceeds the maximum amount described in 
subsection (d)(2)(B). 
‘‘(d) MATH AND SCIENCE PARTNERSHIPS.— 
‘‘(1) IN GENERAL.—The Secretary may make a 
grant to a State under this subpart only if the State 
agrees to distribute the amount described in para-
graph (2) through a competitive subgrant process in 
accordance with subpart 2. 
‘‘(2) AMOUNT DESCRIBED.— 
‘‘(A) IN GENERAL.—The amount described 
in this paragraph for a State for any fiscal year 
is 50 percent of the funds that the State receives 
under this subpart for the year that remain after 
the State makes the reservations described in 
subsection (b) and the allotments described in 
subsection (c)(2). 
‘‘(B) LIMITATION.—In no case may the 
amount described in this paragraph exceed a 
maximum amount calculated by multiplying the 
total amount of the funds that a State receives 
under this subpart for a fiscal year that the 
State does not reserve under subsection (b) by a 
percentage, selected by the State, that shall be 
not less than 15 nor more than 20 percent. 
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‘‘(e) AUTHORIZED STATE ACTIVITIES.—The author-
ized State activities referred to in subsection (b)(1)(A) are 
the following: 
‘‘(1) Reforming teacher certification, recertifi-
cation, or licensure requirements to ensure that— 
‘‘(A) teachers have the necessary teaching 
skills and academic content knowledge in the 
subject areas in which they are assigned to teach; 
‘‘(B) teacher certification, recertification, or 
licensure requirements are aligned with the 
State’s challenging State academic content 
standards; and 
‘‘(C) teachers have the knowledge and skills 
necessary to help students meet challenging State 
student achievement standards. 
‘‘(2) Carrying out programs that— 
‘‘(A) include support during the initial 
teaching or leadership experience, such as men-
toring programs that— 
‘‘(i) provide— 
‘‘(I) 
mentoring 
to 
beginning 
teachers from veteran teachers with ex-
pertise in the same subject matter that 
the beginning teachers will be teaching; 
or 
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‘‘(II) similar mentoring to prin-
cipals or superintendents; 
‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and assist-
ing the teachers or school leaders who are 
mentored; and 
‘‘(iii) use standards or assessments for 
guiding beginning teachers that are con-
sistent with the State’s student achievement 
standards and with the requirements for 
professional development activities under 
section 2033; and 
‘‘(B) establish, expand, or improve alter-
native routes to State certification of teachers, 
especially in the areas of mathematics and 
science, for highly qualified individuals with a 
baccalaureate degree, including mid-career pro-
fessionals from other occupations, paraprofes-
sionals, former military personnel, and recent 
college or university graduates with records of 
academic distinction who demonstrate the poten-
tial to become highly effective teachers. 
‘‘(3) Developing and implementing effective 
mechanisms to assist local educational agencies and 
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schools in effectively recruiting and retaining highly 
qualified and effective teachers and principals. 
‘‘(4) Reforming tenure systems and imple-
menting teacher testing and other procedures to expe-
ditiously remove ineffective teachers from the class-
room. 
‘‘(5) Developing enhanced performance systems 
to measure the effectiveness of specific professional de-
velopment programs and strategies. 
‘‘(6) Providing technical assistance to local edu-
cational agencies consistent with this part. 
‘‘(7) Funding projects to promote reciprocity of 
teacher certification or licensure between or among 
States, except that no reciprocity agreement developed 
under this paragraph or developed using funds pro-
vided under this part may lead to the weakening of 
any State teaching certification or licensing require-
ment. 
‘‘(8) Developing or assisting local educational 
agencies in the development and utilization of proven, 
innovative strategies to deliver intensive professional 
development programs that are both cost-effective and 
easily accessible, such as through the use of technology 
and distance learning. 
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‘‘(9) Providing 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 are consistent with the require-
ments of section 2033. 
‘‘(10) Developing or assisting local educational 
agencies in developing merit-based performance sys-
tems, rigorous assessments for teachers, and strategies 
which provide differential and bonus pay for teachers 
in high-need subject areas such as reading, math, and 
science and in high-poverty schools and districts. 
‘‘(11) Providing assistance to local educational 
agencies for the development and implementation of 
professional development programs for principals that 
enable them to be effective school leaders and prepare 
all students to achieve challenging State content and 
student achievement standards, including the develop-
ment and support of school leadership academies to 
help exceptionally talented aspiring or current prin-
cipals and superintendents become outstanding man-
agers and educational leaders. 
‘‘(12) Developing, or assisting local educational 
agencies in developing, teacher advancement initia-
tives that promote professional growth and emphasize 
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multiple career paths, such as career teacher, mentor 
teacher, and master teacher career paths, with pay 
differentiation. 
‘‘(f) COORDINATION.—States receiving grants under 
section 202 of the Higher Education Act of 1965 shall co-
ordinate the use of such funds with activities carried out 
under this section. 
‘‘SEC. 2013. APPLICATIONS BY STATES. 
‘‘(a) IN GENERAL.—To be eligible to receive a grant 
under this subpart, a State shall submit an application to 
the Secretary at such time, in such manner, and containing 
such information as the Secretary may reasonably require. 
‘‘(b) CONTENTS.—Each application under this section 
shall include the following: 
‘‘(1) A description of how the State will ensure 
that a local educational agency receiving a subgrant 
under subpart 3 will comply with the requirements of 
such subpart. 
‘‘(2) A description of how the State will use 
funds under this part to meet the requirements of sec-
tion 1119(a)(2). 
‘‘(3) A description of how the State will coordi-
nate professional development activities authorized 
under this part with professional development activi-
ties provided under other Federal, State, and local 
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programs, including those authorized under title I, 
part A of title III, parts A and B of title V, and 
(where applicable) the Individuals with Disabilities 
Education Act and the Carl D. Perkins Vocational 
and Technical Education Act. The application shall 
also describe the comprehensive strategy that the State 
will take as part of such coordination effort, to ensure 
that teachers are trained in the utilization of tech-
nology so that technology and its applications are ef-
fectively used in the classroom to improve teaching 
and learning in all curriculum and content areas, as 
appropriate. 
‘‘(4) A description of how the State will encour-
age the development of proven, innovative strategies to 
deliver intensive professional development programs 
that are both cost-effective and easily accessible, such 
as through the use of technology and distance learn-
ing. 
‘‘(5) A description of how the State will ensure 
that local educational agencies will comply with the 
requirements under section 2033, especially with re-
spect to ensuring the participation of teachers, prin-
cipals, and parents. 
‘‘(c) APPLICATION APPROVAL.—A State application 
submitted to the Secretary under this section shall be 
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deemed approved by the Secretary unless the Secretary 
makes a written determination, within 90 days after receiv-
ing the application, that the application is in violation of 
the provisions of this subpart. The Secretary shall not fi-
nally disapprove a State application except after giving the 
State notice and opportunity for a hearing. 
‘‘Subpart 2—Math and Science Partnerships 
‘‘SEC. 2021. PURPOSE. 
‘‘The purpose of this subpart is to improve the achieve-
ment of students in the areas of mathematics and science 
by encouraging States, institutions of higher education, and 
local educational agencies to participate in programs 
that— 
‘‘(1) focus on education and training of mathe-
matics and science teachers that improves teachers’ 
knowledge and skills and encourages intellectual 
growth; 
‘‘(2) improve mathematics and science teaching 
by encouraging institutions of higher education to as-
sume greater responsibility for improving mathe-
matics and science teacher education through the es-
tablishment of a comprehensive, integrated system of 
recruiting, training, and advising such teachers; and 
‘‘(3) bring mathematics and science teachers in 
elementary and secondary schools together with sci-
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entists, mathematicians, and engineers to increase the 
subject matter knowledge of teachers and improve 
their teaching skills through the use of sophisticated 
laboratory equipment and work space, computing fa-
cilities, libraries, and other resources that institutions 
of higher education are better able to provide than the 
schools. 
‘‘SEC. 2022. APPLICATION REQUIREMENTS. 
‘‘(a) IN GENERAL.—An eligible partnership seeking to 
receive a subgrant from a State under this subpart shall 
submit an application to the State at such time, in such 
manner, and accompanied by such information as the State 
may require. 
‘‘(b) PARTNERSHIP APPLICATION CONTENTS.—Each 
such application shall include— 
‘‘(1) an assessment of the teacher quality and 
professional development of all the schools and agen-
cies participating in the eligible partnership with re-
spect to the teaching and learning of mathematics 
and science; 
‘‘(2) a description of how the activities to be car-
ried out by the eligible partnership will be aligned 
with State academic content standards in mathe-
matics and science and with other educational reform 
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activities that promote student achievement in mathe-
matics and science; 
‘‘(3) a description of how the activities to be car-
ried out by the eligible partnership will be based on 
a review of relevant research, and an explanation of 
why the activities are expected to improve student 
achievement and to strengthen the quality of mathe-
matics and science instructions; and 
‘‘(4) a description of— 
‘‘(A) how the eligible partnership will carry 
out the activities described in section 2023(c); 
and 
‘‘(B) the eligible partnership’s evaluation 
and accountability plan described in section 
2024. 
‘‘SEC. 2023. MATH AND SCIENCE PARTNERSHIP SUBGRANTS. 
‘‘(a) IN GENERAL.—From the amount described in sec-
tion 2012(d), the State educational agency, working in con-
junction with the State agency for higher education (if such 
agencies are separate), shall award subgrants on a competi-
tive basis to eligible partnerships to enable such partner-
ships to carry out activities described in subsection (c). 
‘‘(b) DURATION.—The State shall award subgrants 
under this subpart for a period of not less than 2 and not 
more than 5 years. 
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‘‘(c) AUTHORIZED ACTIVITIES.—A recipient of funds 
provided under this subpart may use the funds for the fol-
lowing activities related to elementary or secondary schools: 
‘‘(1) Establishing and operating mathematics 
and science summer professional development work-
shops or institutes for elementary and secondary 
school teachers that— 
‘‘(A) shall— 
‘‘(i) directly relate to the curriculum 
and content areas in which the teacher pro-
vides instruction, and focus only second-
arily on pedagogy; 
‘‘(ii) enhance the ability of a teacher to 
understand and use the State’s academic 
content standards for mathematics and 
science and to select appropriate curricula; 
‘‘(iii) train teachers to use curricula 
that are— 
‘‘(I) based on scientific research; 
‘‘(II) aligned with State academic 
content standards; and 
‘‘(III) object-centered, experiment- 
oriented, and concept- and content- 
based; and 
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‘‘(iv) provide supplemental assistance 
and follow-up training during the school 
year for summer institute graduates; and 
‘‘(B) may include— 
‘‘(i) programs that provide prospective 
teachers and novice teachers opportunities 
to work under the guidance of experienced 
teachers and college faculty; 
‘‘(ii) instruction in the use of data and 
assessments to inform and instruct class-
room practice; and 
‘‘(iii) professional development activi-
ties, including supplemental and follow-up 
activities, such as curriculum alignment, 
distance learning, and activities that train 
teachers to utilize technology in the class-
room. 
‘‘(2) Recruiting to the teaching profession— 
‘‘(A) students studying mathematics, engi-
neering, and science; or 
‘‘(B) mathematicians, engineers, and sci-
entists currently working in the field. 
‘‘(3) Establishing and operating programs to 
bring teachers into contact with working scientists, 
mathematicians, and engineers, to expand teacher 
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content knowledge of and research in science and 
mathematics. 
‘‘(d) PRIORITY.—In awarding subgrants under this 
subpart, States shall give priority to applications seeking 
funding for the activity described in subsection (c)(1). 
‘‘(e) COORDINATION.—Partnerships receiving grants 
under section 203 of the Higher Education Act of 1965 (20 
U.S.C. 1023) shall coordinate the use of such funds with 
any related activities carried out by such partnership with 
funds made available under this subpart. 
‘‘SEC. 2024. EVALUATION AND ACCOUNTABILITY PLAN. 
‘‘(a) IN GENERAL.—Each eligible partnership receiv-
ing a subgrant under this subpart shall develop an evalua-
tion and accountability plan for activities assisted under 
this subpart that includes rigorous performance objectives 
that measure the impact of activities funded under this sub-
part. 
‘‘(b) CONTENTS.—The plan— 
‘‘(1) shall include measurable goals to increase 
the number of mathematics and science teachers who 
participate in content-based professional development 
activities; and 
‘‘(2) may include objectives and measures for— 
‘‘(A) improved student achievement on 
State mathematics and science assessments; 
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‘‘(B) increased participation by students in 
advanced courses in mathematics and science; 
‘‘(C) increased percentages of elementary 
school teachers with academic majors or minors, 
or group majors or minors, in mathematics, en-
gineering, or the sciences; and 
‘‘(D) increased percentages of secondary 
school classes in mathematics and science taught 
by teachers with academic majors in mathe-
matics and science, respectively. 
‘‘SEC. 2025. REPORTS; REVOCATION OF SUBGRANTS. 
‘‘(a) REPORTS.—Each eligible partnership receiving a 
subgrant under this subpart annually shall report to the 
State regarding the eligible partnership’s progress in meet-
ing the performance objectives described in section 2024. 
‘‘(b) REVOCATION.—If the State determines that an el-
igible partnership that receives a subgrant under this sub-
part for 5 years is not making substantial progress in meet-
ing the performance objectives described in section 2024 by 
the end of the third year of the subgrant, the subgrant pay-
ments shall not be made for the fourth and fifth years. 
‘‘SEC. 2026. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that— 
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‘‘(A) shall include— 
‘‘(i) a State educational agency; 
‘‘(ii) a mathematics or science depart-
ment of a private independent institution of 
higher education or a State-supported pub-
lic institution of higher education; and 
‘‘(iii) a high need local educational 
agency; and 
‘‘(B) may include— 
‘‘(i) another institution of higher edu-
cation or the teacher training department of 
such an institution; 
‘‘(ii) additional local educational agen-
cies, public charter schools, public or pri-
vate elementary or secondary schools, or a 
consortium of such schools; 
‘‘(iii) a business; or 
‘‘(iv) a nonprofit organization of dem-
onstrated effectiveness, including a museum 
or research institution. 
‘‘(2) SUMMER
PROFESSIONAL
DEVELOPMENT 
WORKSHOP OR INSTITUTE.—The term ‘summer pro-
fessional development workshop or institute’ means a 
workshop or institute that— 
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‘‘(A) is conducted during a period of not 
less than 2 weeks; 
‘‘(B) includes as a component a program 
that provides direct interaction between students 
and faculty; and 
‘‘(C) provides for follow-up training during 
the academic year that is conducted in the class-
room for a period of not less than 3 consecutive 
or nonconsecutive days, except that— 
‘‘(i) if the workshop or institute is con-
ducted during a two-week period, the follow- 
up training shall be conducted for a period 
of at least 4 days; and 
‘‘(ii) if the follow-up training is for 
teachers in rural school districts, it may be 
conducted through distance learning. 
‘‘Subpart 3—Subgrants to Local Educational 
Agencies 
‘‘SEC. 2031. LOCAL USE OF FUNDS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), each 
local educational agency that receives a subgrant under this 
subpart may use the subgrant to carry out the following 
activities: 
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‘‘(1) Initiatives to assist in recruiting and hiring 
fully qualified teachers who will be assigned teaching 
positions within their field, including— 
‘‘(A) providing signing bonuses or other fi-
nancial incentives, such as differential pay, for 
teachers to teach in academic subject areas in 
which there exists a shortage of such fully quali-
fied teachers within a school or the local edu-
cational agency; 
‘‘(B) establishing programs that— 
‘‘(i) recruit professionals from other 
fields and provide such professionals with 
alternative routes to teacher certification; 
and 
‘‘(ii) provide increased opportunities 
for minorities, individuals with disabilities, 
and other individuals underrepresented in 
the teaching profession; and 
‘‘(C) implementing hiring policies that en-
sure comprehensive recruitment efforts as a way 
to expand the applicant pool, such as through 
identifying teachers certified through alternative 
routes, coupled with a system of intensive screen-
ing designed to hire the most qualified applicant. 
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‘‘(2) Initiatives to promote retention of highly 
qualified teachers and principals, particularly within 
elementary and secondary schools with a high per-
centage of low-achieving students, including programs 
that provide— 
‘‘(A) mentoring to newly hired teachers, 
such as from master teachers, or principals or 
superintendents; 
‘‘(B) incentives, including financial incen-
tives, to retain teachers who have a record of suc-
cess in helping low-achieving students improve 
their academic success; or 
‘‘(C) incentives, including financial incen-
tives, to principals who have a record of improv-
ing the performance of all students, but particu-
larly students from economically disadvantaged 
families and students from racial and ethnic mi-
nority groups. 
‘‘(3) Programs and activities that are designed 
to improve the quality of the teacher force, such as— 
‘‘(A) innovative professional development 
programs (which may be through partnerships 
including institutions of higher education), in-
cluding programs that train teachers and prin-
cipals to utilize technology to improve teaching 
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and learning, are consistent with the require-
ments of section 2033, and are coordinated with 
part B of title V; 
‘‘(B) development and utilization of proven, 
cost-effective strategies for the implementation of 
professional development activities, such as 
through the utilization of technology and dis-
tance learning; 
‘‘(C) tenure reform; 
‘‘(D) merit pay; 
‘‘(E) testing of elementary and secondary 
school teachers in the subject areas taught by 
such teachers; 
‘‘(F) professional development programs 
that provide instruction in how to teach children 
with different learning styles, particularly chil-
dren with disabilities and children with special 
learning needs (including those who are gifted 
and talented); and 
‘‘(G) professional development programs 
that provide instruction in methods of improving 
student behavior in the classroom and how to 
identify early and appropriate interventions to 
help children described in subparagraph (F) 
learn. 
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‘‘(4) Teacher opportunity payments, consistent 
with section 2034. 
‘‘(5) Professional activities designed to improve 
the quality of principals and superintendents, includ-
ing the development and support of academies to help 
exceptionally talented aspiring or current principals 
and superintendents become outstanding managers 
and educational leaders. 
‘‘(6) Hiring fully qualified teachers, including 
teachers who become fully qualified through State and 
local alternative routes, and special education teach-
ers, in order to reduce class size, particularly in the 
early grades. 
‘‘(7) Teacher advancement initiatives that pro-
mote professional growth and emphasize multiple ca-
reer paths, such as career teacher, mentor teacher, 
and master teacher career paths, with pay differentia-
tion. 
‘‘(b) SPECIAL RULE.— 
‘‘(1) IN
GENERAL.—For any fiscal year for 
which the amount described in section 2012(d)(2)(A) 
for a State is less than 15 percent of the total amount 
of the funds that the State receives under this subpart 
for the year that the State does not reserve under sec-
tion 2012(b), each local educational agency that re-
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•HR 1 RH1&2 
ceives a subgrant under this subpart from the State 
shall use the funds to comply with paragraph (2). 
‘‘(2) REQUIREMENT.—A local educational agency 
required to comply with this paragraph shall use not 
less than the amount expended by the agency under 
section 2206(b) of this Act (as in effect on the day be-
fore the date of the enactment of the No Child Left Be-
hind Act of 2001), for the fiscal year preceding the 
year in which such enactment occurs, to carry out 
professional development activities in mathematics 
and science. 
‘‘SEC. 2032. LOCAL APPLICATIONS. 
‘‘(a) IN GENERAL.—A local educational agency seeking 
to receive a subgrant from a State under this subpart shall 
submit an application to the State— 
‘‘(1) at such time as the State shall require; and 
‘‘(2) which is coordinated with other programs 
under this Act, or other Acts, as appropriate. 
‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap-
plication described in subsection (a), shall include, at a 
minimum, the following: 
‘‘(1) An assurance that the local educational 
agency will target funds to schools within the juris-
diction of the local educational agency that— 
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‘‘(A) have the lowest proportion of fully 
qualified teachers; 
‘‘(B) have the largest average class size; or 
‘‘(C) are identified for school improvement 
under section 1116(b). 
‘‘(2) A description of how the local educational 
agency will coordinate professional development ac-
tivities authorized under this subpart with profes-
sional development activities provided through other 
Federal, State, and local programs, including those 
authorized under title I, part A of title III, parts A 
and B of title V, and (where applicable) the Individ-
uals with Disabilities Education Act and the Carl D. 
Perkins Vocational and Technical Education Act. 
‘‘(3) A description of how the local educational 
agency will integrate funds under this subpart with 
funds received under part B of title V that are used 
for professional development to train teachers to uti-
lize technology to improve teaching and learning. 
‘‘(4) A description of how the local educational 
agency has collaborated with teachers, principals, 
parents, and administrators in the preparation of the 
application. 
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‘‘SEC. 2033. PROFESSIONAL DEVELOPMENT FOR TEACHERS. 
‘‘(a) REQUIREMENTS FOR PROFESSIONAL DEVELOP-
MENT
ACTIVITIES.—Professional development activities 
under this subpart shall— 
‘‘(1) meet the requirements of section 1119(a)(2); 
‘‘(2) support professional development activities 
that give teachers, principals, and administrators the 
knowledge and skills to provide students with the op-
portunity to meet challenging State academic content 
standards and student achievement standards; 
‘‘(3) support the recruiting, hiring, and training 
of fully qualified teachers, including teachers fully 
qualified through State and local alternative routes; 
‘‘(4) advance teacher understanding of effective 
instructional strategies based on scientifically based 
research for improving student achievement, at a 
minimum, in reading or language arts and mathe-
matics; 
‘‘(5) be directly related to the curriculum and 
content areas in which the teacher provides instruc-
tion, except that this paragraph shall not apply to 
subparagraphs (F) and (G) of section 2031(3); 
‘‘(6) be designed to enhance the ability of a 
teacher to understand and use the State’s standards 
for the subject area in which the teacher provides in-
struction; 
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‘‘(7) be tied to scientifically based research dem-
onstrating the effectiveness of such professional devel-
opment activities or programs in increasing student 
achievement or substantially increasing the knowledge 
and teaching skills of teachers; 
‘‘(8) be of sufficient intensity and duration (not 
to include 1-day or short-term workshops and con-
ferences) to have a positive and lasting impact on the 
teacher’s performance in the classroom; 
‘‘(9) be developed with extensive participation of 
teachers, principals, parents, and administrators of 
schools to be served under this subpart; 
‘‘(10) be designed to give teachers of limited 
English proficient children, and other teachers and 
instructional staff, the knowledge and skills to provide 
instruction and appropriate language and academic 
support services to such children, including the ap-
propriate use of curriculum and assessments; 
‘‘(11) to the extent appropriate, provide training 
for teachers and principals in the use of technology so 
that technology and its applications are effectively 
used in the classroom to improve teaching and learn-
ing in the curriculum and academic content areas in 
which the teachers provide instruction; 
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‘‘(12) as a whole, be regularly evaluated for their 
impact on increased teacher effectiveness and im-
proved student achievement, with the findings of such 
evaluations used to improve the quality of profes-
sional development; and 
‘‘(13) provide instruction in methods of teaching 
children with special needs. 
‘‘(b) PROFESSIONAL
DEVELOPMENT
ACTIVITIES.— 
Professional development activities under this subpart may 
include— 
‘‘(1) instruction in the use of data and assess-
ments to inform and instruct classroom practice; 
‘‘(2) instruction in ways that teachers, prin-
cipals, pupil services personnel, and school adminis-
trators may work more effectively with parents; 
‘‘(3) the forming of partnerships with institu-
tions of higher education to establish school-based 
teacher training programs that provide prospective 
teachers and novice teachers with an opportunity to 
work under the guidance of experienced teachers and 
college faculty; 
‘‘(4) the creation of programs for paraprofes-
sionals (assisting teachers employed by a local edu-
cational agency receiving assistance under this part) 
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to obtain the education necessary for such paraprofes-
sionals to become licensed and certified teachers; and 
‘‘(5) activities that provide follow-up training to 
teachers who have participated in professional devel-
opment activities which are designed to ensure that 
the knowledge and skills learned by the teacher are 
implemented in the classroom. 
‘‘(c) ACCOUNTABILITY.— 
‘‘(1) IN GENERAL.—If, after any fiscal year, a 
State determines that the programs or activities fund-
ed by a local educational agency fail to meet the re-
quirements of subsection (a), the State shall notify the 
agency that— 
‘‘(A) it may be subject to paragraph (2); 
and 
‘‘(B) technical assistance is available from 
the State to help the agency meet those require-
ments. 
‘‘(2) REQUIREMENT TO PROVIDE TEACHER OP-
PORTUNITY PAYMENTS.—A local educational agency 
that has been notified by a State for 2 consecutive 
years under paragraph (1) shall expend under section 
2034 for the succeeding fiscal year a proportion of the 
amount the agency receives under this subpart that is 
equal to the proportion of the amount the agency re-
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ceived under this part for the preceding fiscal year 
that the agency used for professional development. 
‘‘SEC. 2034. TEACHER OPPORTUNITY PAYMENTS. 
‘‘(a) IN GENERAL.—A local educational agency receiv-
ing funds under this subpart may (or, in the case of a local 
educational agency described in section 2033(c)(2), shall) 
provide funds directly to a teacher or a group of teachers 
seeking opportunities to participate in a professional devel-
opment activity of their choice that meets the requirements 
of section 2033(a) and is selected in consultation with the 
principal in order to coordinate such professional develop-
ment with other reform efforts at the school. 
‘‘(b) NOTICE TO TEACHERS.—Local educational agen-
cies distributing funds under this section shall establish and 
implement a timely process through which proper notice of 
availability of funds will be given to all teachers within 
schools identified by the agency and shall develop a process 
whereby teachers will have regular consultation with and 
be specifically recommended by principals to participate in 
such program by virtue of— 
‘‘(1) a teacher not being fully qualified to teach 
in the subject or subjects in which they teach; or 
‘‘(2) a teacher’s need for additional assistance to 
ensure that the teacher’s students make progress to-
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ward meeting challenging State academic content 
standards and student achievement standards. 
‘‘(c) SELECTION OF TEACHERS.—If adequate funding 
is not available to provide payments under this section to 
all teachers seeking such assistance or identified as needing 
such assistance pursuant to subsection (b), a local edu-
cational agency shall establish procedures for selecting 
teachers that give priority to teachers described in para-
graph (1) or (2) of subsection (b). 
‘‘Subpart 4—Mid-Career Transitions to Teaching 
‘‘CHAPTER 1—TROOPS-TO-TEACHERS 
PROGRAM 
‘‘SEC. 2041. AUTHORIZATION OF TROOPS-TO-TEACHERS 
PROGRAM. 
‘‘(a) PROGRAM AUTHORIZED.—The Secretary may 
carry out a program (to be known as the ‘Troops-to-Teach-
ers Program’)— 
‘‘(1) to assist eligible members and former mem-
bers of the Armed Forces described in section 2042 to 
obtain certification or licensure as fully qualified ele-
mentary school teachers, secondary school teachers, or 
vocational or technical teachers; and 
‘‘(2) to facilitate the employment of such mem-
bers in elementary schools or secondary schools or as 
vocational or technical teachers. 
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‘‘(b) ADMINISTRATION OF PROGRAM.—The Secretary 
shall enter into a memorandum of agreement with the Sec-
retary of Defense under which the Secretary of Defense, act-
ing through the Defense Activity for Non-Traditional Edu-
cation Support of the Department of Defense, will perform 
the actual administration of the Program, other than sec-
tion 2045. Using funds appropriated to the Secretary to 
carry out this chapter, the Secretary shall transfer to the 
Secretary of Defense such amounts as may be necessary to 
administer the Program pursuant to the memorandum of 
agreement. 
‘‘(c) INFORMATION REGARDING PROGRAM.—The Sec-
retary shall provide to the Secretary of Defense, for dis-
tribution as part of preseparation counseling provided 
under section 1142 of title 10, United States Code, to mem-
bers of the Armed Forces described in section 2042, informa-
tion regarding the Troops-to-Teachers Program and appli-
cations to participate in the program. 
‘‘(d) PLACEMENT ASSISTANCE AND REFERRAL SERV-
ICES.—As part of the Troops-to-Teachers Program, the Sec-
retary may, with the agreement of the Secretary of Defense, 
provide placement assistance and referral services regarding 
employment opportunities with local educational agencies 
to members of the Armed Forces who are discharged or re-
leased from active duty under other than adverse conditions. 
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Unless the member is also selected to participate in the Pro-
gram under section 2042, a member receiving placement as-
sistance and referral services under the authority of this 
subsection is not eligible for financial assistance under sec-
tion 2043. 
‘‘SEC. 2042. RECRUITMENT AND SELECTION OF PROGRAM 
PARTICIPANTS. 
‘‘(a) ELIGIBLE MEMBERS.—The following members 
and former members of the Armed Forces are eligible for 
selection to participate in the Troops-to-Teachers Program: 
‘‘(1) Any member who— 
‘‘(A) on or after October 1, 1999, becomes 
entitled to retired or retainer pay in the manner 
provided in title 10 or title 14, United States 
Code; or 
‘‘(B) on or after the date of the enactment 
of the No Child Left Behind Act of 2001, has an 
approved date of voluntary retirement and, as of 
the date the member submits an application to 
participate in the Program, has one year or less 
of active duty remaining before retirement. 
‘‘(2) Any member who, on or after the date of the 
enactment of the No Child Left Behind Act of 2001— 
‘‘(A) is separated or released from active 
duty after six or more years of continuous active 
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duty immediately before the separation or re-
lease; and 
‘‘(B) executes a reserve commitment agree-
ment for a period of three years under subsection 
(e)(2). 
‘‘(3) Any member who, on or after the date of the 
enactment of the No Child Left Behind Act of 2001, 
is retired or separated for physical disability under 
chapter 61 of title 10, United States Code. 
‘‘(4) Any member who— 
‘‘(A) during the period beginning on Octo-
ber 1, 1990, and ending on September 30, 1999, 
was involuntarily discharged or released from 
active duty for purposes of a reduction of force 
after six or more years of continuous active duty 
immediately before the discharge or release; or 
‘‘(B) applied for the teacher placement pro-
gram administered under section 1151 of title 
10, United States Code, before its repeal, and 
who satisfied the eligibility criteria specified in 
subsection (c) of such section 1151. 
‘‘(b) SUBMISSION OF APPLICATIONS.— 
‘‘(1) FORM AND SUBMISSION.—Selection of eligi-
ble members and former members of the Armed Forces 
to participate in the Troops-to-Teachers Program 
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shall be made on the basis of applications submitted 
to the Secretary within the time periods specified in 
paragraph (2). An application shall be in such form 
and contain such information as the Secretary may 
require. 
‘‘(2) TIME
FOR
SUBMISSION.—An application 
shall be considered to be submitted on a timely basis 
under paragraph (1) if— 
‘‘(A) in the case of a member or former 
member of the Armed Forces described in para-
graph (1), (2), or (3) of subsection (a), the appli-
cation is submitted not later than four years 
after the date on which the member is retired or 
separated or released from active duty, whichever 
applies to the member; or 
‘‘(B) in the case of a member or former 
member described in subsection (a)(4), the appli-
cation is submitted not later than September 30, 
2003. 
‘‘(c) SELECTION CRITERIA.— 
‘‘(1) ESTABLISHMENT.—Subject to paragraphs 
(2) and (3), the Secretary shall prescribe the criteria 
to be used to select eligible members and former mem-
bers of the Armed Forces to participate in the Troops- 
to-Teachers Program. 
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‘‘(2) EDUCATIONAL BACKGROUND.—If a member 
or former member of the Armed Forces described in 
paragraph (1), (2), or (3) of subsection (a) is apply-
ing for assistance for placement as an elementary or 
secondary school teacher, the Secretary shall require 
the member to have received a baccalaureate or ad-
vanced degree from an accredited institution of higher 
education. If such a member is applying for assist-
ance for placement as a vocational or technical teach-
er, the Secretary shall require the member— 
‘‘(A) to have received the equivalent of one 
year of college from an accredited institution of 
higher education and have six or more years of 
military experience in a vocational or technical 
field; or 
‘‘(B) to otherwise meet the certification or 
licensure requirements for a vocational or tech-
nical teacher in the State in which the member 
seeks assistance for placement under the Pro-
gram. 
‘‘(3) HONORABLE
SERVICE.—A member or 
former member of the Armed Forces is eligible to par-
ticipate in the Troops-to-Teachers Program only if the 
member’s last period of service in the Armed Forces 
was characterized as honorable. If the member is se-
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lected to participate in the Program before the retire-
ment of the member or the separation or release of the 
member from active duty, the member may continue 
to participate in the Program only if, upon the retire-
ment or separation or release from active duty, the 
member’s last period of service is characterized as 
honorable. 
‘‘(d) SELECTION PRIORITIES.—In selecting eligible 
members and former members of the Armed Forces to re-
ceive assistance for placement as elementary or secondary 
school teachers or vocational or technical teachers, the Sec-
retary shall give priority to members who have educational 
or military experience in science, mathematics, special edu-
cation, or vocational or technical subjects and agree to seek 
employment as science, mathematics, or special education 
teachers in elementary or secondary schools or in other 
schools under the jurisdiction of a local educational agency. 
‘‘(e) OTHER CONDITIONS ON SELECTION.— 
‘‘(1) SELECTION
SUBJECT
TO
FUNDING.—The 
Secretary may not select an eligible member or former 
member of the Armed Forces to participate in the 
Troops-to-Teachers Program under this section and 
receive financial assistance under section 2043 unless 
the Secretary has sufficient appropriations for the 
Program available at the time of the selection to sat-
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isfy the obligations to be incurred by the United 
States under section 2043 with respect to the member. 
‘‘(2) RESERVE COMMITMENT AGREEMENT.—The 
Secretary may not select an eligible member or former 
member of the Armed Forces described in subsection 
(a)(2)(A) to participate in the Troops-to-Teachers 
Program under this section and receive financial as-
sistance under section 2043 unless— 
‘‘(A) the Secretary notifies the Secretary 
concerned and the member that the Secretary has 
reserved a full stipend or bonus under section 
2043 for the member; and 
‘‘(B) the member executes a written agree-
ment with the Secretary concerned to serve as a 
member of the Selected Reserve of a reserve com-
ponent of the Armed Forces for a period of three 
years (in addition to any other reserve commit-
ment the member may have). 
‘‘SEC. 2043. PARTICIPATION AGREEMENT AND FINANCIAL 
ASSISTANCE. 
‘‘(a) PARTICIPATION AGREEMENT.—An eligible mem-
ber or former member of the Armed Forces selected to par-
ticipate in the Troops-to-Teachers Program under section 
2042 and receive financial assistance under this section 
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shall be required to enter into an agreement with the Sec-
retary in which the member agrees— 
‘‘(1) to obtain, within such time as the Secretary 
may require, certification or licensure as a fully 
qualified elementary school teacher, secondary school 
teacher, or vocational or technical teacher; and 
‘‘(2) to accept an offer of full-time employment 
as a fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical 
teacher for not less than three school years with a 
local educational agency or public charter school, to 
begin the school year after obtaining that certification 
or licensure. 
‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EX-
CEPTIONS.—A participant in the Troops-to-Teachers Pro-
gram shall not be considered to be in violation of the par-
ticipation agreement entered into under subsection (a) dur-
ing any period in which the participant— 
‘‘(1) is pursuing a full-time course of study re-
lated to the field of teaching at an institution of high-
er education; 
‘‘(2) is serving on active duty as a member of the 
Armed Forces; 
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‘‘(3) is temporarily totally disabled for a period 
of time not to exceed three years as established by 
sworn affidavit of a qualified physician; 
‘‘(4) is unable to secure employment for a period 
not to exceed 12 months by reason of the care required 
by a spouse who is disabled; 
‘‘(5) is seeking and unable to find full-time em-
ployment as a fully qualified teacher in an elemen-
tary or secondary school or as a vocational or tech-
nical teacher for a single period not to exceed 27 
months; or 
‘‘(6) satisfies the provisions of additional reim-
bursement exceptions that may be prescribed by the 
Secretary. 
‘‘(c) STIPEND FOR PARTICIPANTS.— 
‘‘(1) STIPEND AUTHORIZED.—Subject to para-
graph (2), the Secretary may pay to a participant in 
the Troops-to-Teachers Program selected under section 
2042 a stipend in an amount up to $5,000. 
‘‘(2) LIMITATION.—The total number of stipends 
that may be paid under paragraph (1) in any fiscal 
year may not exceed 3,000. 
‘‘(d) BONUS FOR PARTICIPANTS.— 
‘‘(1) BONUS
AUTHORIZED.—Subject to para-
graph (2), the Secretary may, in lieu of paying a sti-
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pend under subsection (c), pay a bonus of $10,000 to 
a participant in the Troops-to-Teachers Program se-
lected under section 2042 who agrees in the participa-
tion agreement under subsection (a) to accept full- 
time employment as a fully qualified elementary 
school teacher, secondary school teacher, or vocational 
or technical teacher for not less than three years in 
a high need school. 
‘‘(2) LIMITATION.—The total number of bonuses 
that may be paid under paragraph (1) in any fiscal 
year may not exceed 1,000. 
‘‘(3) HIGH NEED SCHOOL DEFINED.—For pur-
poses of this subsection, the term ‘high need school’ 
means a public elementary school, public secondary 
school, or public charter school that meets one or more 
of the following criteria: 
‘‘(A) At least 50 percent of the students en-
rolled in the school were children counted under 
subsection (c) of section 1124 for purposes of 
making grants under such section to local edu-
cational agencies, when such counting was most 
recently performed. 
‘‘(B) The school has a large percentage of 
students who qualify for assistance under part B 
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of the Individuals with Disabilities Education 
Act (20 U.S.C. 1411 et seq.). 
‘‘(C) The school meets any other criteria es-
tablished by the Secretary in consultation with 
the National Assessment Governing Board. 
‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend 
or bonus paid under this section to a participant in the 
Troops-to-Teachers Program shall be taken into account in 
determining the eligibility of the participant for Federal 
student financial assistance provided under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). 
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.— 
‘‘(1) REIMBURSEMENT
REQUIRED.—A partici-
pant in the Troops-to-Teachers Program who is paid 
a stipend or bonus under this section shall be required 
to repay the stipend or bonus under the following cir-
cumstances: 
‘‘(A) The participant fails to obtain teacher 
certification or licensure or employment as a 
fully qualified elementary school teacher, sec-
ondary school teacher, or vocational or technical 
teacher as required by the participation agree-
ment under subsection (a). 
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‘‘(B) The participant voluntarily leaves, or 
is terminated for cause, from employment as an 
elementary school teacher, secondary school 
teacher, or vocational or technical teacher during 
the three years of required service in violation of 
the participation agreement. 
‘‘(C) The participant executed a written 
agreement with the Secretary concerned under 
section 2042(e)(2) to serve as a member of a re-
serve component of the Armed Forces for a pe-
riod of three years and fails to complete the re-
quired term of service. 
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under this sec-
tion shall pay an amount that bears the same ratio 
to the amount of the stipend or bonus as the unserved 
portion of required service bears to the three years of 
required service. Any amount owed by the participant 
shall bear interest at the rate equal to the highest rate 
being paid by the United States on the day on which 
the reimbursement is determined to be due for securi-
ties having maturities of ninety days or less and shall 
accrue from the day on which the participant is first 
notified of the amount due. 
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‘‘(3) TREATMENT OF OBLIGATION.—The obliga-
tion to reimburse the Secretary under this subsection 
is, for all purposes, a debt owing the United States. 
A discharge in bankruptcy under title 11, United 
States Code, shall not release a participant from the 
obligation to reimburse the Secretary. 
‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIRE-
MENT.—A participant shall be excused from reim-
bursement under this subsection if the participant be-
comes permanently totally disabled as established by 
sworn affidavit of a qualified physician. The Sec-
retary may also waive reimbursement in cases of ex-
treme hardship to the participant, as determined by 
the Secretary. 
‘‘(g) RELATIONSHIP
TO EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL.—The receipt by a partici-
pant in the Troops-to-Teachers Program of a stipend or 
bonus under this section shall not reduce or otherwise affect 
the entitlement of the participant to any benefits under 
chapter 30 of title 38, United States Code, or chapter 1606 
of title 10, United States Code. 
‘‘SEC. 2044. PARTICIPATION BY STATES. 
‘‘(a) DISCHARGE
OF STATE ACTIVITIES THROUGH 
CONSORTIA OF STATES.—The Secretary may permit States 
participating in the Troops-to-Teachers Program to carry 
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out activities authorized for such States under the Program 
through one or more consortia of such States. 
‘‘(b) ASSISTANCE TO STATES.— 
‘‘(1) GRANTS
AUTHORIZED.—Subject to para-
graph (2), the Secretary may make grants to States 
participating in the Troops-to-Teachers Program, or 
to consortia of such States, in order to permit such 
States or consortia of States to operate offices for pur-
poses of recruiting eligible members and former mem-
bers of the Armed Forces for participation in the Pro-
gram and facilitating the employment of participants 
in the Program as elementary school teachers, sec-
ondary school teachers, and vocational or technical 
teachers. 
‘‘(2) LIMITATION.—The total amount of grants 
under paragraph (1) in any fiscal year may not ex-
ceed $4,000,000. 
‘‘SEC. 2045. SUPPORT OF INNOVATIVE PRERETIREMENT 
TEACHER CERTIFICATION PROGRAMS. 
‘‘(a) DEVELOPMENT, IMPLEMENTATION
AND DEM-
ONSTRATION.—The Secretary may enter into a memo-
randum of agreement with a State, an institution of higher 
education, or a consortia of States or institutions of higher 
education, to develop, implement, and demonstrate teacher 
certification programs for members of the Armed Forces de-
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scribed in section 2042(a)(1)(B) for the purpose of assisting 
such members to consider and prepare for a career as a 
fully qualified elementary school teacher, secondary school 
teacher, or vocational or technical teacher upon their retire-
ment from the Armed Forces. 
‘‘(b) PROGRAM ELEMENTS.—A teacher certification 
program under subsection (a) must— 
‘‘(1) provide recognition of military experience 
and training as related to licensure or certification 
requirements; 
‘‘(2) provide courses of instruction that may be 
conducted on or near a military installation; 
‘‘(3) 
incorporate 
alternative 
approaches 
to 
achieve teacher certification, such as innovative meth-
ods to gaining field-based teaching experiences, and 
assessment of background and experience as related to 
skills, knowledge, and abilities required of elementary 
school teachers, secondary school teachers, or voca-
tional or technical teachers; 
‘‘(4) provide for courses to also be delivered via 
distance education methods; and 
‘‘(5) address any additional requirements or 
specifications as established by the Secretary. 
‘‘(c) APPLICATION PROCEDURES.—A State or institu-
tion of higher education (or a consortia of States or institu-
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tions of higher education) that has a program leading to 
State approved teacher certification programs may submit 
a proposal to the Secretary for consideration under sub-
section (a). The Secretary shall give preference to proposals 
that provide for a sharing of the costs to carry out the teach-
er certification program. 
‘‘(d) CONTINUATION OF PROGRAMS.—The purpose of 
this section is to provide funding to develop, implement, 
and demonstrate teacher certification programs under sub-
section (a). Upon successful completion of the demonstra-
tion phase, the continued operation of the teacher certifi-
cation programs shall not be the responsibility of the Sec-
retary. 
‘‘(e) FUNDING LIMITATION.—The total amount obli-
gated by the Secretary under this section in any fiscal year 
may not exceed $5,000,000. 
‘‘SEC. 2046. REPORTING REQUIREMENTS. 
‘‘(a) REPORT REQUIRED.—Not later than March 31 
of each year, the Secretary (in consultation with the Sec-
retary of Defense and the Secretary of Transportation) and 
the Comptroller General shall each submit to Congress a 
report on the effectiveness of the Troops-to-Teachers Pro-
gram in the recruitment and retention of qualified per-
sonnel by local educational agencies and public charter 
schools. 
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‘‘(b) ELEMENTS OF REPORT.—The report under sub-
section (a) shall include information on the following: 
‘‘(1) The number of participants in the Troops- 
to-Teachers Program. 
‘‘(2) The schools in which the participants are 
employed. 
‘‘(3) The grade levels at which the participants 
teach. 
‘‘(4) The subject matters taught by the partici-
pants. 
‘‘(5) The rates of retention of the participants by 
the local educational agencies and public charter 
schools employing the participants. 
‘‘(6) Such other matters as the Secretary or the 
Comptroller General, as the case may be, considers 
appropriate. 
‘‘(c) RECOMMENDATIONS.—The report of the Comp-
troller General under this section shall also include any rec-
ommendations of the Comptroller General regarding any 
means of improving the Troops-to-Teachers Program, in-
cluding means of enhancing the recruitment and retention 
of participants in the Program. 
‘‘SEC. 2047. DEFINITIONS. 
‘‘For purposes of this chapter: 
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‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ 
means the Army, Navy, Air Force, Marine Corps, and 
Coast Guard. 
‘‘(2) PROGRAM.—The term ‘Program’ means the 
Troops-to-Teachers Program authorized by this sub-
part. 
‘‘(3) RESERVE COMPONENT.—The term ‘reserve 
component’ means— 
‘‘(A) the Army National Guard of the 
United States; 
‘‘(B) the Army Reserve; 
‘‘(C) the Naval Reserve; 
‘‘(D) the Marine Corps Reserve; 
‘‘(E) the Air National Guard of the United 
States; 
‘‘(F) the Air Force Reserve; and 
‘‘(G) the Coast Guard Reserve. 
‘‘(4) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means— 
‘‘(A) the Secretary of the Army, with respect 
to matters concerning a reserve component of the 
Army; 
‘‘(B) the Secretary of the Navy, with respect 
to matters concerning a reserve component of the 
Navy; 
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‘‘(C) the Secretary of the Air Force, with re-
spect to matters concerning a reserve component 
of the Air Force; and 
‘‘(D) the Secretary of Transportation, with 
respect to matters concerning the Coast Guard 
Reserve. 
‘‘CHAPTER 2—TRANSITION TO TEACHING 
‘‘SEC. 2048. PROFESSIONALS SEEKING TO CHANGE CA-
REERS. 
‘‘(a) PURPOSE.—The purpose of this section is to ad-
dress the need of high-need local educational agencies for 
highly qualified teachers in particular subject areas, such 
as mathematics, science, foreign languages, bilingual edu-
cation, and special education, needed by those agencies, fol-
lowing the model of the program under chapter 1, by re-
cruiting, preparing, placing, and supporting career-chang-
ing professionals who have knowledge and experience that 
will help them become such teachers. 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary may 
award grants, contracts, or cooperative agreements to insti-
tutions of higher education and public and private non-
profit agencies or organizations to carry out programs au-
thorized by this section. 
‘‘(c) APPLICATION.—Each applicant that desires an 
award under subsection (b) shall submit an application to 
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the Secretary containing such information as the Secretary 
requires, including— 
‘‘(1) a description of the target group of career- 
changing professionals upon which the applicant will 
focus its recruitment efforts in carrying out its pro-
gram under this section, including a description of 
the characteristics of that target group that shows how 
the knowledge and experience of its members are rel-
evant to meeting the purpose of this section; 
‘‘(2) a description of the training that program 
participants will receive and how that training will 
relate to their certification as teachers; 
‘‘(3) a description of how the applicant will col-
laborate, as needed, with other institutions, agencies, 
or organizations to recruit, train, place, support, and 
provide teacher induction programs to program par-
ticipants under this section, including evidence of the 
commitment of those institutions, agencies, or organi-
zations to the applicant’s program; 
‘‘(4) a description of how the applicant will 
evaluate the progress and effectiveness of its program, 
including— 
‘‘(A) the program’s goals and objectives; 
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‘‘(B) the performance indicators the appli-
cant will use to measure the program’s progress; 
and 
‘‘(C) the outcome measures that will be used 
to determine the program’s effectiveness; and 
‘‘(5) such other information and assurances as 
the Secretary may require. 
‘‘(d) USES OF FUNDS AND PERIOD OF SERVICE.— 
‘‘(1) AUTHORIZED
ACTIVITIES.—Funds under 
this section may be used for— 
‘‘(A) recruiting program participants, in-
cluding informing them of opportunities under 
the program and putting them in contact with 
other institutions, agencies, or organizations that 
would train, place, and support them; 
‘‘(B) training stipends and other financial 
incentives for program participants, not to ex-
ceed $5,000 per participant; 
‘‘(C) assisting institutions of higher edu-
cation or other providers of teacher training to 
tailor their training to meet the particular needs 
of professionals who are changing their careers to 
teaching; 
‘‘(D) placement activities, including identi-
fying high-need local educational agencies with a 
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need for the particular skills and characteristics 
of the newly trained program participants and 
assisting those participants to obtain employ-
ment in those local educational agencies; and 
‘‘(E) post-placement induction or support 
activities for program participants. 
‘‘(2) PERIOD OF SERVICE.—A program partici-
pant in a program under this section who completes 
his or her training shall serve in a high-need local 
educational agency for at least 3 years. 
‘‘(3) REPAYMENT.—The Secretary shall establish 
such requirements as the Secretary determines appro-
priate to ensure that program participants who re-
ceive a training stipend or other financial incentive 
under paragraph (1)(B), but fail to complete their 
service obligation under paragraph (2), repay all or 
a portion of such stipend or other incentive. 
‘‘(e) EQUITABLE DISTRIBUTION.—To the extent prac-
ticable, the Secretary shall make awards under this section 
that support programs in different geographic regions of the 
United States. 
‘‘(f) DEFINITION.—As used in this section, the term 
‘program participants’ means career-changing professionals 
who— 
‘‘(1) hold at least a baccalaureate degree; 
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‘‘(2) demonstrate interest in, and commitment 
to, becoming a teacher; and 
‘‘(3) have knowledge and experience that are rel-
evant to teaching a high-need subject area in a high- 
need local educational agency. 
‘‘Subpart 5—Funding 
‘‘SEC. 2051. AUTHORIZATIONS OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—For the purpose of carrying out 
this part, other than subpart 4, there are authorized to be 
appropriated $3,600,000,000 for fiscal year 2002 and such 
sums as may be necessary for each of fiscal years 2003 
through 2006. 
‘‘(b) SUBPART 4.—For the purpose of carrying out 
subpart 4, there are authorized to be appropriated 
$50,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of fiscal years 2003 through 2006. 
‘‘Subpart 6—General Provisions 
‘‘SEC. 2061. DEFINITIONS. 
‘‘For purposes of this part— 
‘‘(1) ARTS AND SCIENCES.—The term ‘arts and 
sciences’ means— 
‘‘(A) when referring to an organizational 
unit of an institution of higher education, any 
academic unit that offers one or more academic 
majors in disciplines or content areas cor-
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responding to the academic subject matter areas 
in which teachers provide instruction; and 
‘‘(B) when referring to a specific academic 
subject matter area, the disciplines or content 
areas in which academic majors are offered by 
the arts and sciences organizational unit. 
‘‘(2) BEGINNING
TEACHER.—The term ‘begin-
ning teacher’ means an educator in a public school 
who has not yet been teaching 3 full school years. 
‘‘(3) MENTORING
PROGRAM.—The term ‘men-
toring program’ means to provide professional sup-
port and development, instruction, and guidance to 
beginning teachers, but does not include a teacher or 
individual who begins to work in a supervisory posi-
tion. 
‘‘(4) PUBLICLY REPORT.—The term ‘publicly re-
port’, when used with respect to the dissemination of 
information, means that the information is made 
widely available to the public, including parents and 
students, through such means as the Internet and 
major print and broadcast media outlets.’’. 
SEC. 202. NATIONAL WRITING PROJECT. 
(a) TRANSFER AND REDESIGNATION.—Part K of title 
X (20 U.S.C. 8331 et seq.) is transferred and redesignated 
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as part B of title II. Sections 10991 and 10992 are redesig-
nated as sections 2101 and 2102, respectively. 
(b) EVALUATION.—Section 2102(g) (as so redesig-
nated) is amended— 
(1) in paragraph (1), by striking ‘‘14701.’’ and 
inserting ‘‘8651.’’; and 
(2) in paragraph (2), by striking ‘‘1994’’ and in-
serting ‘‘2002’’. 
(c) REAUTHORIZATION.—Section 2102(i) (as so redes-
ignated) is amended by striking ‘‘$4,000,000 for fiscal year 
1995, and such sums as may be necessary for each of the 
four succeeding fiscal years,’’ and inserting ‘‘such sums as 
may be necessary for fiscal year 2002 and the four suc-
ceeding fiscal years,’’. 
(d) CONTINUATION
OF
AWARDS.—Notwithstanding 
any other provision of this Act, any person or agency that 
was awarded a grant or contract under part K of title X 
(20 U.S.C. 8331 et seq.) prior to the date of the enactment 
of this Act shall continue to receive funds in accordance 
with the terms of such award until the date on which the 
award period terminates under such terms. 
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SEC. 203. CIVIC EDUCATION; TEACHER LIABILITY PROTEC-
TION. 
(a) IN GENERAL.—Title II, as amended by sections 
201 and 202, is further amended by adding at the end the 
following: 
‘‘PART C—CIVIC EDUCATION 
‘‘SEC. 2201. SHORT TITLE. 
‘‘This part may be cited as the ‘Education for Democ-
racy Act’. 
‘‘SEC. 2202. FINDINGS. 
‘‘The Congress finds that— 
‘‘(1) college freshmen surveyed in 1999 by the 
Higher Education Research Institute at the Univer-
sity of California at Los Angeles demonstrated higher 
levels of disengagement, both academically and politi-
cally, than any previous entering class of students; 
‘‘(2) college freshmen in 1999 demonstrated the 
lowest levels of political interest in the 20-year history 
of surveys conducted by the Higher Education Re-
search Institute at the University of California at Los 
Angeles; 
‘‘(3) United States secondary school students ex-
pressed relatively low levels of interest in politics and 
economics in a 1999 Harris survey; 
‘‘(4) the 32d Annual Phi Delta Kappa/Gallup 
Poll of 2000 indicated that preparing students to be-
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come responsible citizens was the most important pur-
pose of public schools; 
‘‘(5) Americans surveyed by the Organization of 
Economic Cooperation and Development indicated 
that only 59 percent had confidence that schools have 
a major effect on the development of good citizenship; 
‘‘(6) teachers too often do not have sufficient ex-
pertise in the subjects that they teach, and 50 percent 
of all secondary school history students in America 
are being taught by teachers with neither a major nor 
a minor in history; 
‘‘(7) secondary school students correctly answered 
fewer than 50 percent of the questions on a national 
test of economic knowledge in a 1999 Harris survey; 
‘‘(8) the 1998 National Assessment of Edu-
cational Progress indicated that students have only 
superficial knowledge of, and lacked a depth of under-
standing regarding, civics; 
‘‘(9) civics and economic education are impor-
tant not only to developing citizenship competencies 
in the United States but also are critical to sup-
porting political stability and economic health in 
other democracies, particularly emerging democratic 
market economies; 
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‘‘(10) more than 75 percent of Americans sur-
veyed by the National Constitution Center in 1997 
admitted that they knew only some or very little 
about the Constitution of the United States; and 
‘‘(11) the Constitution of the United States is too 
often viewed within the context of history and not as 
a living document that shapes current events. 
‘‘SEC. 2203. PURPOSE. 
‘‘It is the purpose of this part— 
‘‘(1) to improve the quality of civics and govern-
ment education by educating students about the his-
tory and principles of the Constitution of the United 
States, including the Bill of Rights; 
‘‘(2) to foster civic competence and responsi-
bility; and 
‘‘(3) to improve the quality of civic education 
and economic education through cooperative civic 
education and economic education exchange programs 
with emerging democracies. 
‘‘SEC. 2204. AUTHORITY. 
‘‘The Secretary may make grants to, or enter into con-
tracts with— 
‘‘(1) the Center for Civic Education to carry out 
civic education activities in accordance with sections 
2205 and 2206; and 
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‘‘(2) the National Council on Economic Edu-
cation to carry out economic education activities in 
accordance with section 2206. 
‘‘SEC. 2205. WE THE PEOPLE PROGRAM. 
‘‘(a) USE OF FUNDS.—The Center for Civic Education 
may use funds made available under grants or contracts 
under section 2204(1) only to carry out activities— 
‘‘(1) under the Citizen and the Constitution pro-
gram in accordance with subsection (b); and 
‘‘(2) under the Project Citizen program in ac-
cordance with subsection (c). 
‘‘(b) CITIZEN AND THE CONSTITUTION PROGRAM.— 
‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for 
Civic Education— 
‘‘(A) shall use funds made available under 
grants or contracts under section 2204(1)— 
‘‘(i) to continue and expand the edu-
cational activities of the program entitled 
the ‘We the People . . . The Citizen and the 
Constitution’ administered by the Center for 
Civic Education; 
‘‘(ii) to carry out activities to enhance 
student attainment of challenging academic 
content standards in civics and government; 
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‘‘(iii) to provide a course of instruction 
on the basic principles of the Nation’s con-
stitutional democracy and the history of the 
Constitution of the United States, including 
the Bill of Rights; 
‘‘(iv) to provide, at the request of a 
participating school, school and community 
simulated congressional hearings following 
the course of instruction described in clause 
(iii); and 
‘‘(v) to provide an annual national 
competition of simulated congressional hear-
ings for secondary school students who wish 
to participate in such a program; and 
‘‘(B) may use assistance made available 
under section 2204(1)— 
‘‘(i) to provide advanced sustained and 
ongoing training of teachers about the Con-
stitution of the United States and the polit-
ical system of the United States; 
‘‘(ii) to provide materials and methods 
of instruction, including teacher training, 
that utilize the latest advancements in edu-
cational technology; and 
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‘‘(iii) to provide civic education mate-
rials and services to address specific prob-
lems such as the prevention of school vio-
lence and the abuse of drugs and alcohol. 
‘‘(2) AVAILABILITY OF PROGRAM.—As a condi-
tion of receipt of funds under grants or contracts 
under section 2204(1), the Secretary shall require the 
Center for Civic Education to make the education 
program authorized under this subsection available to 
public and private elementary schools and secondary 
schools, including Bureau-funded schools, in each of 
the 435 congressional districts, and in the District of 
Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, and the Com-
monwealth of the Northern Mariana Islands. 
‘‘(c) PROJECT CITIZEN.— 
‘‘(1) EDUCATIONAL ACTIVITIES.—The Center for 
Civic Education— 
‘‘(A) shall use funds made available under 
grants or contracts under section 2204(1)— 
‘‘(i) to continue and expand the edu-
cational activities of the program entitled 
the ‘We the People . . . Project Citizen’ pro-
gram administered by the Center; 
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‘‘(ii) to carry out activities to enhance 
student attainment of challenging academic 
content standards in civics and government; 
‘‘(iii) to provide a course of instruction 
at the middle school level on the roles of 
State and local governments in the Federal 
system established by the Constitution of the 
United States; and 
‘‘(iv) to provide an annual national 
showcase or competition; and 
‘‘(B) may use funds made available under 
grants or contracts under section 2204(1)— 
‘‘(i) to provide optional school and 
community simulated State legislative hear-
ings; 
‘‘(ii) to provide advanced sustained 
and ongoing training of teachers on the 
roles of State and local governments in the 
Federal system established by the Constitu-
tion of the United States; 
‘‘(iii) to provide materials and meth-
ods of instruction, including teacher train-
ing, that utilize the latest advancements in 
educational technology; and 
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‘‘(iv) to provide civic education mate-
rials and services to address specific prob-
lems such as the prevention of school vio-
lence and the abuse of drugs and alcohol. 
‘‘(2) AVAILABILITY OF PROGRAM.—As a condi-
tion of receipt of funds under grants or contracts 
under section 2204(1), the Secretary shall require the 
Center for Civic Education to make the education 
program authorized under this subsection available to 
public and private middle schools, including Bureau- 
funded schools, in each of the 50 States, the District 
of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands. 
‘‘(d) BUREAU-FUNDED SCHOOL DEFINED.—In this 
section, the term ‘Bureau-funded school’ has the meaning 
given such term in section 1146 of the Education Amend-
ments of 1978 (25 U.S.C. 2026). 
‘‘SEC. 2206. COOPERATIVE CIVIC EDUCATION AND ECO-
NOMIC EDUCATION EXCHANGE PROGRAMS. 
‘‘(a) USE OF FUNDS.—The Center for Civic Education 
and the National Council on Economic Education may use 
funds made available under grants or contracts under sec-
tion 2204(2) only to carry out cooperative education ex-
change programs that— 
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‘‘(1) make available to educators from eligible 
countries exemplary curriculum and teacher training 
programs in civics and government education, and ec-
onomics education, developed in the United States; 
‘‘(2) assist eligible countries in the adaptation, 
implementation, and institutionalization of programs 
described in paragraph (1); 
‘‘(3) create and implement programs for civics 
and government education, and economic education, 
for students that draw upon the experiences of the 
participating eligible countries; 
‘‘(4) provide means for the exchange of ideas and 
experiences in civics and government education, and 
economic education, among political, educational, 
governmental, and private sector leaders of partici-
pating eligible countries; and 
‘‘(5) provide support for— 
‘‘(A) independent research and evaluation 
to determine the effects of educational programs 
on students’ development of the knowledge, skills, 
and traits of character essential for the preserva-
tion and improvement of constitutional democ-
racy; and 
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‘‘(B) effective participation in and the pres-
ervation and improvement of an efficient market 
economy. 
‘‘(b) ACTIVITIES.—In carrying out the cooperative 
education exchange programs assisted under this section, 
the Center for Civic Education and the National Council 
on Economic Education shall— 
‘‘(1) provide to the participants from eligible 
countries— 
‘‘(A) seminars on the basic principles of 
United States constitutional democracy and eco-
nomic system, including seminars on the major 
governmental and economic institutions and sys-
tems in the United States, and visits to such in-
stitutions; 
‘‘(B) visits to school systems, institutions of 
higher education, and nonprofit organizations 
conducting exemplary programs in civics and 
government education, and economic education, 
in the United States; 
‘‘(C) translations and adaptations with re-
spect to United States civics and government 
education, and economic education, curricular 
programs for students and teachers, and in the 
case of training programs for teachers trans-
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lations and adaptations into forms useful in 
schools in eligible countries, and joint research 
projects in such areas; and 
‘‘(D) independent research and evaluation 
assistance— 
‘‘(i) to determine the effects of the coop-
erative education exchange programs on 
students’ development of the knowledge, 
skills, and traits of character essential for 
the preservation and improvement of con-
stitutional democracy; and 
‘‘(ii) to identify effective participation 
in and the preservation and improvement of 
an efficient market economy; 
‘‘(2) provide to the participants from the United 
States— 
‘‘(A) seminars on the histories, economies, 
and systems of government of eligible countries; 
‘‘(B) visits to school systems, institutions of 
higher education, and organizations conducting 
exemplary programs in civics and government 
education, and economic education, located in el-
igible countries; 
‘‘(C) assistance from educators and scholars 
in eligible countries in the development of cur-
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ricular materials on the history, government, 
and economy of such countries that are useful in 
United States classrooms; 
‘‘(D) opportunities to provide onsite dem-
onstrations of United States curricula and peda-
gogy for educational leaders in eligible countries; 
and 
‘‘(E) independent research and evaluation 
assistance to determine— 
‘‘(i) the effects of the cooperative edu-
cation exchange programs assisted under 
this section on students’ development of the 
knowledge, skills, and traits of character es-
sential for the preservation and improve-
ment of constitutional democracy; and 
‘‘(ii) effective participation in and im-
provement of an efficient market economy; 
and 
‘‘(3) assist participants from eligible countries 
and the United States to participate in international 
conferences on civics and government education, and 
economic education, for educational leaders, teacher 
trainers, scholars in related disciplines, and edu-
cational policymakers. 
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‘‘(c) PARTICIPANTS.—The primary participants in the 
cooperative education exchange programs assisted under 
this section shall be educational leaders in the areas of 
civics and government education, and economic education, 
including teachers, curriculum and teacher training spe-
cialists, scholars in relevant disciplines, and educational 
policymakers, and government and private sector leaders 
from the United States and eligible countries. 
‘‘(d) CONSULTATION.—The Secretary may make a 
grant, or enter into a contract, under section 2204(2) only 
if the Secretary of State concurs with the Secretary that 
such grant, or contract, is consistent with the foreign policy 
of the United States. 
‘‘(e) AVOIDANCE OF DUPLICATION.—With the concur-
rence of the Secretary of State, the Secretary shall ensure 
that— 
‘‘(1) the activities carried out under the pro-
grams assisted under this section are not duplicative 
of other activities conducted in eligible countries; and 
‘‘(2) any institutions in eligible countries, with 
which the Center for Civic Education or the National 
Council on Economic Education may work in con-
ducting such activities, are creditable. 
‘‘(f) ELIGIBLE COUNTRY DEFINED.—In this section, 
the term ‘eligible country’ means a Central European coun-
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try, an Eastern European country, Lithuania, Latvia, Es-
tonia, the independent states of the former Soviet Union 
as defined in section 3 of the FREEDOM Support Act (22 
U.S.C. 5801), the Republic of Ireland, the province of 
Northern Ireland in the United Kingdom, and any devel-
oping country (as such term is defined in section 209(d) 
of the Education for the Deaf Act) if the Secretary, with 
the concurrence of the Secretary of State, determines that 
such developing country has a democratic form of govern-
ment. 
‘‘SEC. 2207. FUNDING. 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) WE THE PEOPLE PROGRAM.—There are au-
thorized to be appropriated to carry out sections 
2204(1) and 2205 such sums as may be necessary for 
each of fiscal years 2002 through 2006. 
‘‘(2) COOPERATIVE CIVIC EDUCATION AND ECO-
NOMIC EDUCATION EXCHANGE PROGRAMS.—There are 
authorized to be appropriated to carry out sections 
2204(2) and 2206 such sums as may be necessary for 
each of fiscal years 2002 through 2006. 
‘‘(b) LIMITATION.—In each fiscal year, the Secretary 
may use not more than 50 percent of the amount appro-
priated under subsection (a)(2) for assistance for economic 
educational activities. 
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‘‘PART D—TEACHER LIABILITY PROTECTION 
‘‘SEC. 2301. TEACHER IMMUNITY. 
‘‘(a) IMMUNITY.—Notwithstanding any other provi-
sion of law, no school board member of, or teacher or admin-
istrator in, a local educational agency that receives funds 
under this Act shall be liable for monetary damages in his 
or her personal capacity for an action that was taken in 
carrying out his or her official duties and intended to main-
tain school discipline, so long as that action was not prohib-
ited under State or local law and did not constitute reckless 
or criminal misconduct. 
‘‘(b) LIMITATION.—The immunity established under 
subsection (a) shall apply only to liability arising under 
Federal law.’’. 
(b) CONTINUATION
OF
AWARDS.—Notwithstanding 
any other provision of this Act, any person or agency that 
was awarded a grant under part F of title X (20 U.S.C. 
8141 et seq.) prior to the date of the enactment of this Act 
shall continue to receive funds in accordance with the terms 
of such award until the date on which the award period 
terminates under such terms. 
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TITLE III—EDUCATION OF LIM-
ITED 
ENGLISH 
PROFICIENT 
AND IMMIGRANT CHILDREN; 
INDIAN AND ALASKA NATIVE 
EDUCATION 
PART A—EDUCATION OF LIMITED ENGLISH 
PROFICIENT AND IMMIGRANT CHILDREN 
SEC. 301. PROGRAMS AUTHORIZED. 
(a) TITLE HEADING.—The heading for title III is 
amended to read as follows: 
‘‘TITLE III—EDUCATION OF LIM-
ITED 
ENGLISH 
PROFICIENT 
AND IMMIGRANT CHILDREN; 
INDIAN AND ALASKA NATIVE 
EDUCATION’’. 
(b) SHORT TITLE.—Section 3101 (20 U.S.C. 6801) is 
repealed. 
(c) LIMITATION ON AVAILABILITY OF CERTAIN FUNDS 
FOR SCHOOLS.— 
(1) IN
GENERAL.—Section 3601 (20 U.S.C. 
7001)— 
(A) is transferred to part B of title V (as 
amended by section 501) and inserted after sec-
tion 5204 (as so amended); 
(B) is redesignated as section 5205; and 
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(C) is amended by striking ‘‘this title’’ each 
place such term appears and inserting ‘‘this 
part’’. 
(2) PART HEADING REPEAL.—The part heading 
for part F of title III is repealed. 
(d) LIMITED ENGLISH PROFICIENT AND IMMIGRANT 
CHILDREN.—Parts A through E of title III (20 U.S.C. 6811 
et seq.) are amended to read as follows: 
‘‘PART A—EDUCATION OF LIMITED ENGLISH 
PROFICIENT AND IMMIGRANT CHILDREN 
‘‘Subpart 1—English Language and Academic 
Instructional Programs 
‘‘SEC. 3101. SHORT TITLE. 
‘‘This subpart may be cited as the ‘English Language 
Proficiency and Academic Achievement Act’. 
‘‘SEC. 3102. FINDINGS AND PURPOSES. 
‘‘(a) FINDINGS.—The Congress finds as follows: 
‘‘(1) English is the common language of the 
United States and every citizen and other person re-
siding in the United States should have a command 
of the English language in order to develop to their 
full potential. 
‘‘(2) Limited English proficient children, includ-
ing recent immigrant children, must overcome a 
number of challenges in receiving an education in 
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order to participate fully in American society, includ-
ing— 
‘‘(A) segregated educational programs; 
‘‘(B) disproportionate and improper place-
ment in special education and other special pro-
grams due to the use of inappropriate evaluation 
procedures; 
‘‘(C) the limited English proficiency of their 
parents, which hinders the parents’ ability to 
fully participate in the education of their chil-
dren; and 
‘‘(D) a need for additional teachers and 
other staff who are professionally trained and 
qualified to serve such children. 
‘‘(3) States and local educational agencies need 
assistance in developing the capacity to provide pro-
grams of instruction that offer and provide an equal 
educational opportunity to children who need special 
assistance because English is not their dominant lan-
guage. 
‘‘(4) Since 1979, the number of limited English 
proficient children attending school in the United 
States has more than doubled to greater than 
4,000,000, and demographic trends indicate the popu-
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lation of limited English proficient children will con-
tinue to increase. 
‘‘(5) Native Americans, including native resi-
dents of the outlying areas, and Native American lan-
guages (as such terms are defined in section 103 of 
the Native American Languages Act) have a unique 
status under Federal law that requires special policies 
within the broad purposes of this part to serve the 
educational needs of language minority students in 
the United States. 
‘‘(6) Research, evaluation, and data collection 
capabilities in the field of instruction for limited 
English proficient children need to be strengthened so 
that educators and other staff teaching limited 
English proficient children in the classroom can bet-
ter identify and promote programs, program imple-
mentation strategies, and instructional practices that 
result in the effective education of limited English 
proficient children. 
‘‘(7) The Federal Government has a special and 
continuing obligation to ensure that States and local 
educational agencies provide children of limited 
English proficiency the same educational opportuni-
ties afforded other children. 
‘‘(b) PURPOSES.—The purposes of this part are— 
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‘‘(1) to help ensure that children who are limited 
English proficient, including recent immigrant chil-
dren, attain English proficiency, develop high levels of 
academic attainment in English, and meet the same 
challenging State academic content standards and 
challenging State student academic achievement 
standards expected of all children; 
‘‘(2) to develop high-quality programs designed 
to assist local educational agencies in teaching lim-
ited English proficient children; 
‘‘(3) to assist local educational agencies to de-
velop and enhance their capacity to provide high- 
quality instructional programs designed to prepare 
limited English proficient students, including recent 
immigrant students, to enter all-English instructional 
settings within 3 years; and 
‘‘(4) to provide State educational agencies and 
local educational agencies with the flexibility to im-
plement instructional programs, tied to scientifically 
based reading research and sound research and theory 
on teaching limited English proficient children, that 
the agencies believe to be the most effective for teach-
ing English. 
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‘‘SEC. 3103. PARENTAL NOTIFICATION AND CONSENT FOR 
ENGLISH LANGUAGE INSTRUCTION. 
‘‘(a) NOTIFICATION.—If a local educational agency 
uses funds under this subpart to provide English language 
instruction to limited English proficient children, the agen-
cy shall inform a parent or the parents of a child partici-
pating in an English language instruction program for 
limited English proficient children assisted under this sub-
part of— 
‘‘(1) the reasons for the identification of the child 
as being in need of English language instruction; 
‘‘(2) the child’s level of English proficiency, how 
such level was assessed, and the status of the child’s 
academic achievement; 
‘‘(3) how the English language instruction pro-
gram will specifically help the child acquire English 
and meet age-appropriate standards for grade pro-
motion and graduation; 
‘‘(4) what the specific exit requirements are for 
the program; 
‘‘(5) the expected rate of transition from the pro-
gram into a classroom that is not tailored for limited 
English proficient children; and 
‘‘(6) the expected rate of graduation from high 
school for the program if funds under this subpart are 
used for children in secondary schools. 
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‘‘(b) CONSENT.— 
‘‘(1) AGENCY REQUIREMENTS.— 
‘‘(A) INFORMED
CONSENT.—For a child 
who has been identified as limited English pro-
ficient prior to the beginning of the school year, 
each local educational agency that receives funds 
under this subpart shall make a reasonable and 
substantial effort to obtain informed parental 
consent prior to the placement of a child in an 
English language instruction program for lim-
ited English proficient children funded under 
this subpart, if the program does not include 
classes which exclusively or almost exclusively 
use the English language in instruction. 
‘‘(B) WRITTEN CONSENT NOT OBTAINED.— 
‘‘(i) IN GENERAL.—If written consent 
is not obtained, the local educational agency 
shall maintain a written record that in-
cludes the date and the manner in which 
such informed consent was sought, includ-
ing the specific efforts made to obtain such 
consent. 
‘‘(ii) PROOF OF EFFORT.—Notice, in 
an understandable form, of specific efforts 
made to obtain written consent and a copy 
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of the written record described in clause (i) 
shall be mailed or delivered in writing to a 
parent or the parents of a child prior to 
placing the child in a program described in 
subparagraph (A), and shall include a final 
request for parental consent for such serv-
ices. After such notice has been mailed or 
delivered in writing, the local educational 
agency shall provide appropriate edu-
cational services. 
‘‘(iii) SPECIAL RULE APPLICABLE DUR-
ING SCHOOL YEAR.—For those children who 
have not been identified as limited English 
proficient prior to the beginning of the 
school year, the local educational agency 
shall make a reasonable and substantial ef-
fort to obtain parental consent under this 
clause. For such children, the agency shall 
document, in writing, its specific efforts to 
obtain such consent prior to placing the 
child in a program described in subpara-
graph (A). After such documentation has 
been made, the local educational agency 
shall provide appropriate educational serv-
ices to such child. The proof of documenta-
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tion shall be mailed or delivered in writing 
to a parent or the parents of the child in a 
timely manner and shall include informa-
tion on how to have their child immediately 
removed from the program upon their re-
quest. Nothing in this clause shall be con-
strued as exempting a local educational 
agency from complying with the notifica-
tion requirements of subsection (a) and the 
consent requirements of this paragraph. 
‘‘(2) PARENTAL RIGHTS.—A parent or the par-
ents of a child participating in an English language 
instruction program for limited English proficient 
children assisted under this subpart— 
‘‘(A) shall select among methods of instruc-
tion, if more than one method is offered in the 
program; and 
‘‘(B) shall have the right to have their child 
immediately removed from the program upon 
their request. 
‘‘(c) RECEIPT OF INFORMATION.—A parent or the par-
ents of a child identified for participation in an English 
language instruction program for limited English pro-
ficient children assisted under this subpart shall receive, in 
a manner and form understandable to the parent or par-
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ents, the information required by this subsection. At a min-
imum, the parent or parents shall receive— 
‘‘(1) timely information about English language 
instruction programs for limited English proficient 
children assisted under this part; 
‘‘(2) if a parent or the parents of a participating 
child so desire, notice of opportunities for regular 
meetings for the purpose of formulating and respond-
ing to recommendations from the parent or parents; 
and 
‘‘(3) procedural information for removing a child 
from a program for limited English proficient chil-
dren. 
‘‘(d) BASIS FOR ADMISSION OR EXCLUSION.—Students 
shall not be admitted to, or excluded from, any federally 
assisted education program on the basis of a surname or 
language-minority status. 
‘‘SEC. 3104. TESTING OF LIMITED ENGLISH PROFICIENT 
CHILDREN. 
‘‘(a) IN GENERAL.—Assessments of limited English 
proficient children participating in programs funded under 
this subpart, to the extent practicable, shall be in the lan-
guage and form most likely to yield accurate and reliable 
information on what such students know and can do in con-
tent areas. 
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‘‘(b) SPECIAL RULE.—Notwithstanding subsection (a), 
in the case of an assessment of reading or language arts 
of any student who has attended school in the United States 
(excluding Puerto Rico) for 3 or more consecutive school 
years, the assessment shall be in the form of a test written 
in English, except that, if the entity administering the as-
sessment determines, on a case-by-case individual basis, 
that assessments in another language or form would likely 
yield more accurate and reliable information on what such 
student knows and can do, the entity may assess such stu-
dent in such language or form for 1 additional year. 
‘‘SEC. 3105. FORMULA GRANTS TO STATES. 
‘‘(a) IN GENERAL.—In the case of each State that in 
accordance with section 3107 submits to the Secretary an 
application for a fiscal year, the Secretary shall make a 
grant for the year to the State for the purposes specified 
in subsection (b). The grant shall consist of the allotment 
determined for the State under subsection (c). 
‘‘(b) PURPOSES OF GRANTS.— 
‘‘(1) REQUIRED EXPENDITURES.—The Secretary 
may make a grant under subsection (a) only if the 
State involved agrees that the State will expend at 
least 95 percent of its allotment under subsection (c) 
for the purpose of making subgrants to eligible enti-
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ties to provide assistance to limited English proficient 
children in accordance with sections 3108 and 3109. 
‘‘(2) AUTHORIZED
EXPENDITURES.—Subject to 
paragraph (3), a State that receives a grant under 
subsection (a) may expend not more than 5 percent 
of its allotment under subsection (c) for one or more 
of the following purposes: 
‘‘(A) Carrying out— 
‘‘(i) professional development activi-
ties, and other activities, that assist per-
sonnel in meeting State and local certifi-
cation requirements for teaching limited 
English proficient children; and 
‘‘(ii) other activities that provide such 
personnel with the skills and knowledge nec-
essary to educate limited English proficient 
children. 
‘‘(B) Providing scholarships and fellowships 
to students who agree to teach limited English 
proficient children once they graduate. 
‘‘(C) Planning, administration, and inter-
agency coordination related to the subgrants re-
ferred to in paragraph (1). 
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