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‘‘(1) whose program would provide the widest variety of
choices to all students in participating schools;
‘‘(2) whose program would, through various choice options,
have the most impact in allowing students in low-performing
schools to attend higher-performing schools; and
‘‘(3) that is a partnership that seeks to implement an
interdistrict approach to carrying out a program.
‘‘SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.
‘‘(a) PARENT AND COMMUNITY INVOLVEMENT AND NOTICE.—In
carrying out a program under this subpart, an eligible entity shall—
‘‘(1) develop the program with—
‘‘(A) the involvement of parents and others in the
community to be served; and
‘‘(B) individuals who will carry out the program,
including administrators, teachers, principals, and other
staff; and
‘‘(2) provide to parents of students in the area to be served
by the program with prompt notice of—
‘‘(A) the existence of the program;
‘‘(B) the program’s availability; and
‘‘(C) a clear explanation of how the program will
operate.
‘‘(b) SELECTION OF STUDENTS.—An eligible entity that receives
a grant under this subpart shall select students to participate
in a program on the basis of a lottery, if more students apply
for admission to the program than can be accommodated.
‘‘(c) VOLUNTARY PARTICIPATION.—Student participation in a pro-
gram funded under this subpart shall be voluntary.
‘‘SEC. 5246. EVALUATIONS.
‘‘(a) IN GENERAL.—From the amount made available to carry
out this subpart for any fiscal year, the Secretary may reserve
not more than 5 percent—
‘‘(1) to carry out evaluations;
‘‘(2) to provide technical assistance; and
‘‘(3) to disseminate information.
‘‘(b) EVALUATIONS.—In carrying out the evaluations under sub-
section (a), the Secretary shall, at a minimum, address—
‘‘(1) how, and the extent to which, the programs promote
educational equity and excellence;
‘‘(2) the characteristics of the students participating in
the programs; and
‘‘(3) the effect of the programs on the academic achievement
of students participating in the programs, particularly students
who move from schools identified under section 1116 to schools
not so identified, and on the overall quality of participating
schools and districts.
‘‘SEC. 5247. DEFINITIONS.
‘‘In this subpart:
‘‘(1) CHARTER SCHOOL.—The term ‘charter school’ has the
meaning given such term in section 5210.
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means—
‘‘(A) one or more State educational agencies;
‘‘(B) one or more local educational agencies; or
‘‘(C) a partnership of—
‘‘(i) one or more—
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‘‘(I) State educational agencies; and
‘‘(II) local educational agencies or other public,
for-profit, or nonprofit entities; or
‘‘(ii) one or more—
‘‘(I) local educational agencies; and
‘‘(II) public, for-profit, or nonprofit entities.
‘‘(3) LOW-PERFORMING SCHOOL.—The term ‘low-performing
school’ means a public elementary school or secondary school
that has failed to make adequate yearly progress, as described
in section 1111(b), for two or more consecutive years.
‘‘SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
subpart $100,000,000 for fiscal year 2002 and each of the 5 suc-
ceeding fiscal years.
‘‘PART C—MAGNET SCHOOLS ASSISTANCE
‘‘SEC. 5301. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following findings:
‘‘(1) Magnet schools are a significant part of the Nation’s
effort to achieve voluntary desegregation in our Nation’s
schools.
‘‘(2) The use of magnet schools has increased dramatically
since the inception of the magnet schools assistance program
under this Act, with approximately 2,000,000 students nation-
wide attending such schools, of whom more than 65 percent
are non-white.
‘‘(3) Magnet schools offer a wide range of distinctive pro-
grams that have served as models for school improvement
efforts.
‘‘(4) It is in the best interests of the United States—
‘‘(A) to continue the Federal Government’s support of
local educational agencies that are implementing court-
ordered desegregation plans and local educational agencies
that are voluntarily seeking to foster meaningful inter-
action among students of different racial and ethnic back-
grounds, beginning at the earliest stage of such students’
education;
‘‘(B) to ensure that all students have equitable access
to a high quality education that will prepare all students
to function well in a technologically oriented and a highly
competitive economy comprised of people from many dif-
ferent racial and ethnic backgrounds; and
‘‘(C) to continue to desegregate and diversify schools
by supporting magnet schools, recognizing that segregation
exists between minority and nonminority students as well
as among students of different minority groups.
‘‘(5) Desegregation efforts through magnet school programs
are a significant part of our Nation’s effort to achieve voluntary
desegregation in schools and help to ensure equal educational
opportunities for all students.
‘‘(b) PURPOSE.—The purpose of this part is to assist in the
desegregation of schools served by local educational agencies by
providing financial assistance to eligible local educational agencies
for—
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‘‘(1) the elimination, reduction, or prevention of minority
group isolation in elementary schools and secondary schools
with substantial proportions of minority students, which shall
include assisting in the efforts of the United States to achieve
voluntary desegregation in public schools;
‘‘(2) the development and implementation of magnet school
programs that will assist local educational agencies in achieving
systemic reforms and providing all students the opportunity
to meet challenging State academic content standards and stu-
dent academic achievement standards;
‘‘(3) the development and design of innovative educational
methods and practices that promote diversity and increase
choices in public elementary schools and public secondary
schools and public educational programs;
‘‘(4) courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects
and the attainment of tangible and marketable vocational,
technological, and professional skills of students attending such
schools;
‘‘(5) improving the capacity of local educational agencies,
including through professional development, to continue oper-
ating magnet schools at a high performance level after Federal
funding for the magnet schools is terminated; and
‘‘(6) ensuring that all students enrolled in the magnet
school programs have equitable access to high quality education
that will enable the students to succeed academically and con-
tinue with postsecondary education or productive employment.
‘‘SEC. 5302. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet school’ means
a public elementary school, public secondary school, public
elementary education center, or public secondary education center
that offers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.
‘‘SEC. 5303. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this part, is authorized
to award grants to eligible local educational agencies, and consortia
of such agencies where appropriate, to carry out the purpose of
this part for magnet schools that are—
‘‘(1) part of an approved desegregation plan; and
‘‘(2) designed to bring students from different social, eco-
nomic, ethnic, and racial backgrounds together.
‘‘SEC. 5304. ELIGIBILITY.
‘‘A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this part
to carry out the purpose of this part if such agency or consortium—
‘‘(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or a court
of any State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-group-
segregated children or faculty in the elementary schools and
secondary schools of such agency; or
‘‘(2) without having been required to do so, has adopted
and is implementing, or will, if a grant is awarded to such
local educational agency, or consortium of such agencies, under
this part, adopt and implement a plan that has been approved
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by the Secretary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-segregated
children or faculty in such schools.
‘‘SEC. 5305. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under
this part shall submit an application to the Secretary at such
time, in such manner, and containing such information and assur-
ances as the Secretary may reasonably require.
‘‘(b) INFORMATION
AND ASSURANCES.—Each application sub-
mitted under subsection (a) shall include—
‘‘(1) a description of—
‘‘(A) how a grant awarded under this part will be
used to promote desegregation, including how the proposed
magnet school programs will increase interaction among
students of different social, economic, ethnic, and racial
backgrounds;
‘‘(B) the manner and extent to which the magnet school
program will increase student academic achievement in
the instructional area or areas offered by the school;
‘‘(C) how the applicant will continue the magnet school
program after assistance under this part is no longer avail-
able, and, if applicable, an explanation of why magnet
schools established or supported by the applicant with
grant funds under this part cannot be continued without
the use of grant funds under this part;
‘‘(D) how grant funds under this part will be used—
‘‘(i) to improve student academic achievement for
all students attending the magnet school programs;
and
‘‘(ii) to implement services and activities that are
consistent with other programs under this Act, and
other Acts, as appropriate; and
‘‘(E) the criteria to be used in selecting students to
attend the proposed magnet school program; and
‘‘(2) assurances that the applicant will—
‘‘(A) use grant funds under this part for the purposes
specified in section 5301(b);
‘‘(B) employ highly qualified teachers in the courses
of instruction assisted under this part;
‘‘(C) not engage in discrimination based on race, reli-
gion, color, national origin, sex, or disability in—
‘‘(i) the hiring, promotion, or assignment of
employees of the applicant or other personnel for whom
the applicant has any administrative responsibility;
‘‘(ii) the assignment of students to schools, or to
courses of instruction within the schools, of such
applicant, except to carry out the approved plan; and
‘‘(iii) designing or operating extracurricular activi-
ties for students;
‘‘(D) carry out a high-quality education program that
will encourage greater parental decisionmaking and
involvement; and
‘‘(E) give students residing in the local attendance area
of the proposed magnet school program equitable consider-
ation for placement in the program, consistent with