H. R. 1—221
‘‘(A) in the case of grants awarded pursuant to sub-
section (a)(1), to the Secretary, at such time, in such
manner, and accompanied by such information as the Sec-
retary may require; or
‘‘(B) in the case of subgrants awarded pursuant to
subsection (a)(2), to the State educational agency, at such
time, in such manner, and accompanied by such informa-
tion as the State educational agency may require.
‘‘(2) CONTENTS.—Each application submitted pursuant to
paragraph (1) shall include—
‘‘(A) the results of a comprehensive assessment of the
teacher quality and professional development needs of any
schools, local educational agencies, and State educational
agencies that comprise the eligible partnership with respect
to the teaching and learning of mathematics and science;
‘‘(B) a description of how the activities to be carried
out by the eligible partnership will be aligned with chal-
lenging State academic content and student academic
achievement standards in mathematics and science and
with other educational reform activities that promote stu-
dent academic achievement in mathematics and science;
‘‘(C) a description of how the activities to be carried
out by the eligible partnership will be based on a review
of scientifically based research, and an explanation of how
the activities are expected to improve student academic
achievement and strengthen the quality of mathematics
and science instruction;
‘‘(D) a description of—
‘‘(i) how the eligible partnership will carry out
the authorized activities described in subsection (c);
and
‘‘(ii) the eligible partnership’s evaluation and
accountability plan described in subsection (e); and
‘‘(E) a description of how the eligible partnership will
continue the activities funded under this part after the
original grant or subgrant period has expired.
‘‘(c) AUTHORIZED ACTIVITIES.—An eligible partnership shall use
funds provided under this part for one or more of the following
activities related to elementary schools or secondary schools:
‘‘(1) Creating opportunities for enhanced and ongoing
professional development of mathematics and science teachers
that improves the subject matter knowledge of such teachers.
‘‘(2) Promoting strong teaching skills for mathematics and
science teachers and teacher educators, including integrating
reliable scientifically based research teaching methods and tech-
nology-based teaching methods into the curriculum.
‘‘(3) Establishing and operating mathematics and science
summer workshops or institutes, including followup training,
for elementary school and secondary school mathematics and
science teachers that—
‘‘(A) shall—
‘‘(i) directly relate to the curriculum and academic
areas in which the teacher provides instruction, and
focus only secondarily on pedagogy;
‘‘(ii) enhance the ability of the teacher to under-
stand and use the challenging State academic content
H. R. 1—222
standards for mathematics and science and to select
appropriate curricula; and
‘‘(iii) train teachers to use curricula that are—
‘‘(I) based on scientific research;
‘‘(II) aligned with challenging State academic
content standards; and
‘‘(III) 
object-centered, 
experiment-oriented,
and concept- and content-based; and
‘‘(B) may include—
‘‘(i) programs that provide teachers and prospective
teachers with opportunities to work under the guidance
of experienced teachers and college faculty;
‘‘(ii) instruction in the use of data and assessments
to inform and instruct classroom practice; and
‘‘(iii) professional development activities, including
supplemental and followup activities, such as cur-
riculum alignment, distance learning, and activities
that train teachers to utilize technology in the class-
room.
‘‘(4) Recruiting mathematics, engineering, and science
majors to teaching through the use of—
‘‘(A) signing and performance incentives that are linked
to activities proven effective in retaining teachers, for
individuals with demonstrated professional experience in
mathematics, engineering, or science;
‘‘(B) stipends provided to mathematics and science
teachers for certification through alternative routes;
‘‘(C) scholarships for teachers to pursue advanced
course work in mathematics, engineering, or science; and
‘‘(D) other programs that the State educational agency
determines to be effective in recruiting and retaining
individuals with strong mathematics, engineering, or
science backgrounds.
‘‘(5) Developing or redesigning more rigorous mathematics
and science curricula that are aligned with challenging State
and local academic content standards and with the standards
expected for postsecondary study in mathematics and science.
‘‘(6) Establishing distance learning programs for mathe-
matics and science teachers using curricula that are innovative,
content-based, and based on scientifically based research that
is current as of the date of the program involved.
‘‘(7) Designing programs to prepare a mathematics or
science teacher at a school to provide professional development
to other mathematics or science teachers at the school and
to assist beginning and other teachers at the school, including
(if applicable) a mechanism to integrate the teacher’s experi-
ences from a summer workshop or institute into the provision
of professional development and assistance.
‘‘(8) Establishing and operating programs to bring mathe-
matics and science teachers into contact with working sci-
entists, mathematicians, and engineers, to expand such
teachers’ subject matter knowledge of and research in science
and mathematics.
‘‘(9) Designing programs to identify and develop exemplary
mathematics and science teachers in the kindergarten through
grade 8 classrooms.
H. R. 1—223
‘‘(10) Training mathematics and science teachers and devel-
oping programs to encourage young women and other underrep-
resented individuals in mathematics and science careers
(including engineering and technology) to pursue postsecondary
degrees in majors leading to such careers.
‘‘(d) COORDINATION AND CONSULTATION.—
‘‘(1) 
PARTNERSHIP
GRANTS.—An 
eligible 
partnership
receiving a grant under section 203 of the Higher Education
Act of 1965 shall coordinate the use of such funds with any
related activities carried out by such partnership with funds
made available under this part.
‘‘(2) NATIONAL SCIENCE FOUNDATION.—In carrying out the
activities authorized by this part, the Secretary shall consult
and coordinate with the Director of the National Science
Foundation, particularly with respect to the appropriate roles
for the Department and the Foundation in the conduct of
summer workshops, institutes, or partnerships to improve
mathematics and science teaching in elementary schools and
secondary schools.
‘‘(e) EVALUATION AND ACCOUNTABILITY PLAN.—
‘‘(1) IN
GENERAL.—Each eligible partnership receiving a
grant or subgrant under this part shall develop an evaluation
and accountability plan for activities assisted under this part
that includes rigorous objectives that measure the impact of
activities funded under this part.
‘‘(2) CONTENTS.—The plan developed pursuant to paragraph
(1)—
‘‘(A) shall include measurable objectives to increase
the number of mathematics and science teachers who
participate in content-based professional development
activities;
‘‘(B) shall include measurable objectives for improved
student academic achievement on State mathematics and
science assessments or, where applicable, an International
Mathematics and Science Study assessment; and
‘‘(C) may include objectives and measures for—
‘‘(i) increased participation by students in advanced
courses in mathematics and science;
‘‘(ii) increased percentages of elementary school
teachers with academic majors or minors, or group
majors or minors, in mathematics, engineering, or the
sciences; and
‘‘(iii) increased percentages of secondary school
classes in mathematics and science taught by teachers
with academic majors in mathematics, engineering,
and science.
‘‘(f) REPORT.—Each eligible partnership receiving a grant or
subgrant under this part shall report annually to the Secretary
regarding the eligible partnership’s progress in meeting the objec-
tives described in the accountability plan of the partnership under
subsection (e).
‘‘SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
part $450,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years.
H. R. 1—224
‘‘PART C—INNOVATION FOR TEACHER
QUALITY
‘‘Subpart 1—Transitions to Teaching
‘‘CHAPTER A—TROOPS-TO-TEACHERS PROGRAM
‘‘SEC. 2301. DEFINITIONS.
‘‘In this chapter:
‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ means the
Army, Navy, Air Force, Marine Corps, and Coast Guard.
‘‘(2) MEMBER OF THE ARMED FORCES.—The term ‘member
of the Armed Forces’ includes a former member of the Armed
Forces.
‘‘(3) PROGRAM.—The term ‘Program’ means the Troops-to-
Teachers Program authorized by this chapter.
‘‘(4) 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.
‘‘(5) SECRETARY
CONCERNED.—The term ‘Secretary con-
cerned’ 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 reserve components named in subparagraphs
(C) and (D) of paragraph (4);
‘‘(C) the Secretary of the Air Force, with respect 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.
‘‘SEC. 2302. AUTHORIZATION OF TROOPS-TO-TEACHERS PROGRAM.
‘‘(a) PURPOSE.—The purpose of this section is to authorize a
mechanism for the funding and administration of the Troops-to-
Teachers Program, which was originally established by the Troops-
to-Teachers Program Act of 1999 (title XVII of the National Defense
Authorization Act for Fiscal Year 2000) (20 U.S.C. 9301 et seq.).
‘‘(b) PROGRAM AUTHORIZED.—The Secretary may carry out a
program (to be known as the ‘Troops-to-Teachers Program’)—
‘‘(1) to assist eligible members of the Armed Forces
described in section 2303 to obtain certification or licensing
as elementary school teachers, secondary school teachers, or
vocational or technical teachers, and to become highly qualified
teachers; and
‘‘(2) to facilitate the employment of such members—
‘‘(A) by local educational agencies or public charter
schools that the Secretary identifies as—
‘‘(i) receiving grants under part A of title I as
a result of having within their jurisdictions concentra-
tions of children from low-income families; or
H. R. 1—225
‘‘(ii) experiencing a shortage of highly qualified
teachers, in particular a shortage of science, mathe-
matics, special education, or vocational or technical
teachers; and
‘‘(B) in elementary schools or secondary schools, or
as vocational or technical teachers.
‘‘(c) ADMINISTRATION OF PROGRAM.—The Secretary shall enter
into a memorandum of agreement with the Secretary of Defense
under which the Secretary of Defense, acting through the Defense
Activity for Non-Traditional Education Support of the Department
of Defense, will perform the actual administration of the Program,
other than section 2306. Using funds appropriated to the Secretary
to carry out this chapter, the Secretary shall transfer to the Sec-
retary of Defense such amounts as may be necessary to administer
the Program pursuant to the memorandum of agreement.
‘‘(d) INFORMATION REGARDING PROGRAM.—The Secretary shall
provide to the Secretary of Defense information regarding the Pro-
gram and applications to participate in the Program, for distribution
as part of preseparation counseling provided under section 1142
of title 10, United States Code, to members of the Armed Forces
described in section 2303.
‘‘(e) PLACEMENT ASSISTANCE
AND REFERRAL SERVICES.—The
Secretary may, with the agreement of the Secretary of Defense,
provide placement assistance and referral services to members of
the Armed Forces who meet the criteria described in section 2303,
including meeting education qualification requirements under sub-
section 2303(c)(2). Such members shall not be eligible for financial
assistance under subsections (c) and (d) of section 2304.
‘‘SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICI-
PANTS.
‘‘(a) ELIGIBLE MEMBERS.—The following members of the Armed
Forces are eligible for selection to participate in the 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;
‘‘(B) has an approved date of retirement that is within
1 year after the date on which the member submits an
application to participate in the Program; or
‘‘(C) has been transferred to the Retired Reserve.
‘‘(2) Any member who, on or after the date of enactment
of the No Child Left Behind Act of 2001—
‘‘(A)(i) is separated or released from active duty after
6 or more years of continuous active duty immediately
before the separation or release; or
‘‘(ii) has completed a total of at least 10 years of active
duty service, 10 years of service computed under section
12732 of title 10, United States Code, or 10 years of any
combination of such service; and
‘‘(B) executes a reserve commitment agreement for a
period of not less than 3 years under subsection (e)(2).
‘‘(3) Any member who, on or after the date of 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—
H. R. 1—226
‘‘(A) during the period beginning on October 1, 1990,
and ending on September 30, 1999, was involuntarily dis-
charged or released from active duty for purposes of a
reduction of force after 6 or more years of continuous
active duty immediately before the discharge or release;
or
‘‘(B) applied for the teacher placement program
administered under section 1151 of title 10, United States
Code, before the repeal of that section, and satisfied the
eligibility criteria specified in subsection (c) of such section
1151.
‘‘(b) SUBMISSION OF APPLICATIONS.—
‘‘(1) FORM AND SUBMISSION.—Selection of eligible members
of the Armed Forces to participate in the Program shall be
made on the basis of applications submitted to the Secretary
within the time periods specified in paragraph (2). An applica-
tion shall be in such form and contain such information as
the Secretary may require.
‘‘(2) TIME FOR SUBMISSION.—An application shall be consid-
ered to be submitted on a timely basis under paragraph (1)
if—
‘‘(A) in the case of a member described in paragraph
(1)(A), (2), or (3) of subsection (a), the application is sub-
mitted not later than 4 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 described in subsection
(a)(4), the application is submitted not later than Sep-
tember 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 of the Armed Forces to participate in the
Program.
‘‘(2) EDUCATIONAL BACKGROUND.—
‘‘(A) ELEMENTARY OR SECONDARY SCHOOL TEACHER.—
If a member of the Armed Forces described in paragraph
(1), (2), or (3) of subsection (a) is applying for assistance
for placement as an elementary school or secondary school
teacher, the Secretary shall require the member to have
received a baccalaureate or advanced degree from an
accredited institution of higher education.
‘‘(B) VOCATIONAL
OR
TECHNICAL
TEACHER.—If a
member of the Armed Forces described in paragraph (1),
(2), or (3) of subsection (a) is applying for assistance for
placement as a vocational or technical teacher, the Sec-
retary shall require the member—
ave received the equivalent of 1 year of college
from an accredited institution of higher education and
have 6 or more years of military experience in a voca-
tional or technical field; or
‘‘(ii) to otherwise meet the certification or licensing
requirements for a vocational or technical teacher in
the State in which the member seeks assistance for
placement under the Program.
‘‘(3) HONORABLE SERVICE.—A member of the Armed Forces
is eligible to participate in the Program only if the member’s
H. R. 1—227
last period of service in the Armed Forces was honorable,
as characterized by the Secretary concerned (as defined in
section 101(a)(9) of title 10, United States Code). A member
selected to participate in the Program before the retirement
of the member or the separation or release of the member
from active duty may continue to participate in the Program
after the retirement, separation, or release only if the member’s
last period of service is characterized as honorable by the
Secretary concerned (as so defined).
‘‘(d) SELECTION PRIORITIES.—In selecting eligible members of
the Armed Forces to receive assistance under the Program, the
Secretary shall give priority to members who have educational
or military experience in science, mathematics, special education,
or vocational or technical subjects and agree to seek employment
as science, mathematics, or special education teachers in elementary
schools or secondary schools or in other schools under the jurisdic-
tion of a local educational agency.
‘‘(e) OTHER CONDITIONS ON SELECTION.—
‘‘(1) SELECTION SUBJECT TO FUNDING.—The Secretary may
not select an eligible member of the Armed Forces to participate
in the Program under this section and receive financial assist-
ance under section 2304 unless the Secretary has sufficient
appropriations for the Program available at the time of the
selection to satisfy the obligations to be incurred by the United
States under section 2304 with respect to the member.
‘‘(2) RESERVE
COMMITMENT
AGREEMENT.—The Secretary
may not select an eligible member of the Armed Forces
described in subsection (a)(2)(A) to participate in the Program
under this section and receive financial assistance under section
2304 unless—
‘‘(A) the Secretary notifies the Secretary concerned and
the member that the Secretary has reserved a full stipend
or bonus under section 2304 for the member; and
‘‘(B) the member executes a written agreement with
the Secretary concerned to serve as a member of the
Selected Reserve of a reserve component of the Armed
Forces for a period of not less than 3 years (in addition
to any other reserve commitment the member may have).
‘‘SEC. 2304. PARTICIPATION AGREEMENT AND FINANCIAL ASSISTANCE.
‘‘(a) PARTICIPATION AGREEMENT.—
‘‘(1) IN GENERAL.—An eligible member of the Armed Forces
selected to participate in the Program under section 2303 and
receive financial assistance under this section shall be required
to enter into an agreement with the Secretary in which the
member agrees—
‘‘(A) within such time as the Secretary may require,
to obtain certification or licensing as an elementary school
teacher, secondary school teacher, or vocational or technical
teacher, and to become a highly qualified teacher; and
‘‘(B) to accept an offer of full-time employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher for not less than 3 school
years with a high-need local educational agency or public
charter school, as such terms are defined in section 2101,
to begin the school year after obtaining that certification
or licensing.
H. R. 1—228
‘‘(2) WAIVER.—The Secretary may waive the 3-year commit-
ment described in paragraph (1)(B) for a participant if the
Secretary determines such waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not be
considered to be in violation of the agreement and shall not
be required to provide reimbursement under subsection (f),
for failure to meet the 3-year commitment.
‘‘(b) VIOLATION OF PARTICIPATION AGREEMENT; EXCEPTIONS.—
A participant in the Program shall not be considered to be in
violation of the participation agreement entered into under sub-
section (a) during any period in which the participant—
‘‘(1) is pursuing a full-time course of study related to the
field of teaching at an institution of higher education;
‘‘(2) is serving on active duty as a member of the Armed
Forces;
‘‘(3) is temporarily totally disabled for a period of time
not to exceed 3 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 a highly qualified teacher who is seeking and unable
to find full-time employment as a teacher in an elementary
school or secondary school or as a vocational or technical teacher
for a single period not to exceed 27 months; or
‘‘(6) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
‘‘(c) STIPEND FOR PARTICIPANTS.—
‘‘(1) STIPEND AUTHORIZED.—Subject to paragraph (2), the
Secretary may pay to a participant in the Program selected
under section 2303 a stipend in an amount of not more than
$5,000.
‘‘(2) LIMITATION.—The total number of stipends that may
be paid under paragraph (1) in any fiscal year may not exceed
5,000.
‘‘(d) BONUS FOR PARTICIPANTS.—
‘‘(1) BONUS
AUTHORIZED.—Subject to paragraph (2), the
Secretary may, in lieu of paying a stipend under subsection
(c), pay a bonus of $10,000 to a participant in the Program
selected under section 2303 who agrees in the participation
agreement under subsection (a) to become a highly qualified
teacher and to accept full-time employment as an elementary
school teacher, secondary school teacher, or vocational or tech-
nical teacher for not less than 3 school 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
3,000.
‘‘(3) HIGH-NEED SCHOOL DEFINED.—In 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) LOW-INCOME CHILDREN.—At least 50 percent of
the students enrolled in the school were from low-income
families (as described in section 2302(b)(2)(A)(i)).
‘‘(B) CHILDREN WITH DISABILITIES.—The school has a
large percentage of students who qualify for assistance
H. R. 1—229
under part B of the Individuals with Disabilities Education
Act.
‘‘(e) TREATMENT OF STIPEND AND BONUS.—A stipend or bonus
paid under this section to a participant in the 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.
‘‘(f) REIMBURSEMENT UNDER CERTAIN CIRCUMSTANCES.—
‘‘(1) REIMBURSEMENT REQUIRED.—A participant in the Pro-
gram who is paid a stipend or bonus under this section shall
be required to repay the stipend or bonus under the following
circumstances:
‘‘(A) FAILURE TO OBTAIN QUALIFICATIONS OR EMPLOY-
MENT.—The participant fails to obtain teacher certification
or licensing, to become a highly qualified teacher, or to
obtain employment as an elementary school teacher, sec-
ondary school teacher, or vocational or technical teacher
as required by the participation agreement under sub-
section (a).
‘‘(B) TERMINATION OF EMPLOYMENT.—The participant
voluntarily leaves, or is terminated for cause from, employ-
ment as an elementary school teacher, secondary school
teacher, or vocational or technical teacher during the 3
years of required service in violation of the participation
agreement.
‘‘(C) FAILURE TO COMPLETE SERVICE UNDER RESERVE
COMMITMENT
AGREEMENT.—The participant executed a
written agreement with the Secretary concerned under sec-
tion 2303(e)(2) to serve as a member of a reserve component
of the Armed Forces for a period of 3 years and fails
to complete the required term of service.
‘‘(2) AMOUNT OF REIMBURSEMENT.—A participant required
to reimburse the Secretary for a stipend or bonus paid to
the participant under this section 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 3
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 reimburse-
ment is determined to be due for securities having maturities
of 90 days or less and shall accrue from the day on which
the participant is first notified of the amount due.
‘‘(3) 
TREATMENT
OF
OBLIGATION.—The 
obligation 
to
reimburse the Secretary under this subsection is, for all pur-
poses, a debt owing the United States. A discharge in bank-
ruptcy under title 11, United States Code, shall not release
a participant from the obligation to reimburse the Secretary
under this subsection.
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
REQUIREMENT.—A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally dis-
abled as established by sworn affidavit of a qualified physician.
The Secretary may also waive the reimbursement in cases
of extreme hardship to the participant, as determined by the
Secretary.
‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE UNDER MONT-
GOMERY GI BILL.—The receipt by a participant in the Program
H. R. 1—230
of a stipend or bonus under this section shall not reduce or other-
wise 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. 2305. PARTICIPATION BY STATES.
‘‘(a) DISCHARGE OF STATE ACTIVITIES THROUGH CONSORTIA OF
STATES.—The Secretary may permit States participating in the
Program to carry out activities authorized for such States under
the Program through one or more consortia of such States.
‘‘(b) ASSISTANCE TO STATES.—
‘‘(1) GRANTS AUTHORIZED.—Subject to paragraph (2), the
Secretary may make grants to States participating in the Pro-
gram, or to consortia of such States, in order to permit such
States or consortia of States to operate offices for purposes
of recruiting eligible members of the Armed Forces for participa-
tion in the Program and facilitating the employment of partici-
pants in the Program as elementary school teachers, secondary
school teachers, and vocational or technical teachers.
‘‘(2) LIMITATION.—The total amount of grants made under
paragraph (1) in any fiscal year may not exceed $5,000,000.
‘‘SEC. 2306. SUPPORT OF INNOVATIVE PRERETIREMENT TEACHER CER-
TIFICATION PROGRAMS.
‘‘(a) PURPOSE.—The purpose of this section is to provide funding
to develop, implement, and demonstrate teacher certification pro-
grams.
‘‘(b) DEVELOPMENT, IMPLEMENTATION AND DEMONSTRATION.—
The Secretary may enter into a memorandum of agreement with
a State educational agency, an institution of higher education,
or a consortia of State educational agencies or institutions of higher
education, to develop, implement, and demonstrate teacher certifi-
cation programs for members of the Armed Forces described in
section 2303(a)(1)(B) for the purpose of assisting such members
to consider and prepare for a career as a highly qualified elementary
school teacher, secondary school teacher, or vocational or technical
teacher upon retirement from the Armed Forces.
‘‘(c) PROGRAM
ELEMENTS.—A teacher certification program
under subsection (b) shall—
‘‘(1) provide recognition of military experience and training
as related to certification or licensing requirements;
‘‘(2) provide courses of instruction that may be conducted
on or near a military installation;
‘‘(3) incorporate alternative approaches to achieve teacher
certification, such as innovative methods to gaining field-based
teaching experiences, and assessment of background and experi-
ence as related to skills, knowledge, and abilities required
of elementary school teachers, secondary school teachers, or
vocational or technical teachers;
‘‘(4) provide for courses to be delivered via distance edu-
cation methods; and
‘‘(5) address any additional requirements or specifications
established by the Secretary.
‘‘(d) APPLICATION PROCEDURES.—
‘‘(1) IN GENERAL.—A State educational agency or institution
of higher education (or a consortium of State educational agen-
cies or institutions of higher education) that desires to enter
into a memorandum under subsection (b) shall prepare and
H. R. 1—231
submit to the Secretary a proposal, at such time, in such
manner, and containing such information as the Secretary may
require, including an assurance that the State educational
agency, institution, or consortium is operating a program
leading to State approved teacher certification.
‘‘(2) PREFERENCE.—The Secretary shall give preference to
State educational agencies, institutions, and consortia that
submit proposals that provide for cost sharing with respect
to the program involved.
‘‘(e) CONTINUATION OF PROGRAMS.—Upon successful completion
of the demonstration phase of teacher certification programs funded
under this section, the continued operation of the teacher certifi-
cation programs shall not be the responsibility of the Secretary.
A State educational agency, institution, or consortium that desires
to continue a program that is funded under this section after
such funding is terminated shall use amounts derived from tuition
charges to continue such program.
‘‘(f) FUNDING LIMITATION.—The total amount obligated by the
Secretary under this section for any fiscal year may not exceed
$10,000,000.
‘‘SEC. 2307. REPORTING REQUIREMENTS.
‘‘(a) REPORT REQUIRED.—Not later than March 31, 2006, the
Secretary (in consultation with the Secretary of Defense and the
Secretary of Transportation) and the Comptroller General of the
United States shall submit to Congress a report on the effectiveness
of the Program in the recruitment and retention of qualified per-
sonnel by local educational agencies and public charter schools.
‘‘(b) ELEMENTS OF REPORT.—The report submitted under sub-
section (a) shall include information on the following:
‘‘(1) The number of participants in the Program.
‘‘(2) The schools in which the participants are employed.
‘‘(3) The grade levels at which the participants teach.
‘‘(4) The academic subjects taught by the participants.
‘‘(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 of the United States, as the case may be, considers
to be appropriate.
‘‘CHAPTER B—TRANSITION TO TEACHING PROGRAM
‘‘SEC. 2311. PURPOSES.
‘‘The purposes of this chapter are—
‘‘(1) to establish a program to recruit and retain highly
qualified mid-career professionals (including highly qualified
paraprofessionals), and recent graduates of an institution of
higher education, as teachers in high-need schools, including
recruiting teachers through alternative routes to certification;
and
‘‘(2) to encourage the development and expansion of alter-
native routes to certification under State-approved programs
that enable individuals to be eligible for teacher certification
within a reduced period of time, relying on the experience,
expertise, and academic qualifications of an individual, or other
H. R. 1—232
factors in lieu of traditional course work in the field of edu-
cation.
‘‘SEC. 2312. DEFINITIONS.
‘‘In this chapter:
‘‘(1) ELIGIBLE PARTICIPANT.—The term ‘eligible participant’
means—
‘‘(A) an individual with substantial, demonstrable
career experience, including a highly qualified paraprofes-
sional; or
‘‘(B) an individual who is a graduate of an institution
of higher education who—
‘‘(i) has graduated not more than 3 years before
applying to an eligible entity to teach under this
chapter; and
‘‘(ii) in the case of an individual wishing to teach
in a secondary school, has completed an academic
major (or courses totaling an equivalent number of
credit hours) in the academic subject that the indi-
vidual will teach.
‘‘(2) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ has the meaning given
the term in section 2102.
‘‘(3) HIGH-NEED
SCHOOL.—The term ‘high-need school’
means a school that—
‘‘(A) is located in an area in which the percentage
of students from families with incomes below the poverty
line is 30 percent or more; or
‘‘(B)(i) is located in an area with a high percentage
of out-of-field teachers, as defined in section 2102;
‘‘(ii) is within the top quartile of elementary schools
and secondary schools statewide, as ranked by the number
of unfilled, available teacher positions at the schools;
‘‘(iii) is located in an area in which there is a high
teacher turnover rate; or
‘‘(iv) is located in an area in which there is a high
percentage of teachers who are not certified or licensed.
‘‘SEC. 2313. GRANT PROGRAM.
‘‘(a) IN GENERAL.—The Secretary may establish a program to
make grants on a competitive basis to eligible entities to develop
State and local teacher corps or other programs to establish, expand,
or enhance teacher recruitment and retention efforts.
‘‘(b) ELIGIBLE ENTITY.—To be eligible to receive a grant under
this section, an entity shall be—
‘‘(1) a State educational agency;
‘‘(2) a high-need local educational agency;
‘‘(3) a for-profit or nonprofit organization that has a proven
record of effectively recruiting and retaining highly qualified
teachers, in a partnership with a high-need local educational
agency or with a State educational agency;
‘‘(4) an institution of higher education, in a partnership
with a high-need local educational agency or with a State
educational agency;
‘‘(5) a regional consortium of State educational agencies;
or
‘‘(6) a consortium of high-need local educational agencies.
H. R. 1—233
‘‘(c) PRIORITY.—In making such a grant, the Secretary shall
give priority to a partnership or consortium that includes a high-
need State educational agency or local educational agency.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant under
this section, an entity described in subsection (b) shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
‘‘(2) CONTENTS.—The application shall describe—
‘‘(A) one or more target recruitment groups on which
the applicant will focus its recruitment efforts;
‘‘(B) the characteristics of each such target group that—
‘‘(i) show the knowledge and experience of the
group’s members; and
‘‘(ii) demonstrate that the members are eligible
to achieve the objectives of this section;
‘‘(C) describe how the applicant will use funds received
under this section to develop a teacher corps or other
program to recruit and retain highly qualified midcareer
professionals (which may include highly qualified para-
professionals), recent college graduates, and recent grad-
uate school graduates, as highly qualified teachers in high-
need schools operated by high-need local educational agen-
cies;
‘‘(D) explain how the program carried out under the
grant will meet the relevant State laws (including regula-
tions) related to teacher certification or licensing and facili-
tate the certification or licensing of such teachers;
‘‘(E) describe how the grant will increase the number
of highly qualified teachers, in high-need schools operated
by high-need local educational agencies (in urban or rural
school districts), and in high-need academic subjects, in
the jurisdiction served by the applicant; and
‘‘(F) describe how the applicant will collaborate, as
needed, with other institutions, agencies, or organizations
to recruit (particularly through activities that have proven
effective in retaining highly qualified teachers), train, place,
support, and provide teacher induction programs to pro-
gram participants under this chapter, including providing
evidence of the commitment of the institutions, agencies,
or organizations to the applicant’s programs.
‘‘(e) DURATION OF GRANTS.—The Secretary may make grants
under this section for periods of 5 years. At the end of the 5-
year period for such a grant, the grant recipient may apply for
an additional grant under this section.
‘‘(f) EQUITABLE DISTRIBUTION.—To the extent practicable, the
Secretary shall ensure an equitable geographic distribution of
grants under this section among the regions of the United States.
‘‘(g) USES OF FUNDS.—
‘‘(1) IN GENERAL.—An entity that receives a grant under
this section shall use the funds made available through the
grant to develop a teacher corps or other program in order
to establish, expand, or enhance a teacher recruitment and
retention program for highly qualified mid-career professionals
(including highly qualified paraprofessionals), and recent grad-
uates of an institution of higher education, who are eligible
H. R. 1—234
participants, including activities that provide alternative routes
to teacher certification.
‘‘(2) AUTHORIZED
ACTIVITIES.—The entity shall use the
funds to carry out a program that includes two or more of
the following activities:
‘‘(A) Providing scholarships, stipends, bonuses, and
other financial incentives, that are linked to participation
in activities that have proven effective in retaining teachers
in high-need schools operated by high-need local edu-
cational agencies, to all eligible participants, in an amount
not to exceed $5,000 per participant.
‘‘(B) Carrying out pre- and post-placement induction
or support activities that have proven effective in recruiting
and retaining teachers, such as—
‘‘(i) teacher mentoring;
‘‘(ii) providing internships;
‘‘(iii) providing high-quality, preservice coursework;
and
‘‘(iv) providing high-quality, sustained inservice
professional development.
‘‘(C) Carrying out placement and ongoing activities to
ensure that teachers are placed in fields in which the
teachers are highly qualified to teach and are placed in
high-need schools.
‘‘(D) Making payments to pay for costs associated with
accepting teachers recruited under this section from among
eligible participants or provide financial incentives to
prospective teachers who are eligible participants.
‘‘(E) Collaborating with institutions of higher education
in developing and implementing programs to facilitate
teacher recruitment (including teacher credentialing) and
teacher retention programs.
‘‘(F) Carrying out other programs, projects, and activi-
ties that are designed and have proven to be effective
in recruiting and retaining teachers, and that the Secretary
determines to be appropriate.
‘‘(G) Developing long-term recruitment and retention
strategies including developing—
‘‘(i) a statewide or regionwide clearinghouse for
the recruitment and placement of teachers;
‘‘(ii) administrative structures to develop and
implement programs to provide alternative routes to
certification;
‘‘(iii) reciprocity agreements between or among
States for the certification or licensing of teachers;
or
‘‘(iv) other long-term teacher recruitment and
retention strategies.
‘‘(3) EFFECTIVE PROGRAMS.—The entity shall use the funds
only for programs that have proven to be effective in both
recruiting and retaining teachers.
‘‘(h) REQUIREMENTS.—
‘‘(1) TARGETING.—An entity that receives a grant under
this section to carry out a program shall ensure that partici-
pants in the program recruited with funds made available
under this section are placed in high-need schools operated
H. R. 1—235
by high-need local educational agencies. In placing the partici-
pants in the schools, the entity shall give priority to the schools
that are located in areas with the highest percentages of stu-
dents from families with incomes below the poverty line.
‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Funds made available
under this section shall be used to supplement, and not sup-
plant, State and local public funds expended for teacher recruit-
ment and retention programs, including programs to recruit
the teachers through alternative routes to certification.
‘‘(3) PARTNERSHIPS AND CONSORTIA OF LOCAL EDUCATIONAL
AGENCIES.—In the case of a partnership established by a local
educational agency to carry out a program under this chapter,
or a consortium of such agencies established to carry out a
program under this chapter, the local educational agency or
consortium shall not be eligible to receive funds through a
State program under this chapter.
‘‘(i) PERIOD OF SERVICE.—A program participant in a program
under this chapter who receives training through the program
shall serve a high-need school operated by a high-need local edu-
cational agency for at least 3 years.
‘‘(j) REPAYMENT.—The Secretary shall establish such require-
ments as the Secretary determines to be appropriate to ensure
that program participants who receive a stipend or other financial
incentive under subsection (g)(2)(A), but fail to complete their
service obligation under subsection (i), repay all or a portion of
such stipend or other incentive.
‘‘(k) ADMINISTRATIVE FUNDS.—No entity that receives a grant
under this section shall use more than 5 percent of the funds
made available through the grant for the administration of a pro-
gram under this chapter carried out under the grant.
‘‘SEC. 2314. EVALUATION AND ACCOUNTABILITY FOR RECRUITING AND
RETAINING TEACHERS.
‘‘(a) EVALUATION.—Each entity that receives a grant under
this chapter shall conduct—
‘‘(1) an interim evaluation of the program funded under
the grant at the end of the third year of the grant period;
and
‘‘(2) a final evaluation of the program at the end of the
fifth year of the grant period.
‘‘(b) CONTENTS.—In conducting the evaluation, the entity shall
describe the extent to which local educational agencies that received
funds through the grant have met the goals relating to teacher
recruitment and retention described in the application.
‘‘(c) REPORTS.—The entity shall prepare and submit to the
Secretary and to Congress interim and final reports containing
the results of the interim and final evaluations, respectively.
‘‘(d) REVOCATION.—If the Secretary determines that the
recipient of a grant under this chapter has not made substantial
progress in meeting such goals and the objectives of the grant
by the end of the third year of the grant period, the Secretary—
‘‘(1) shall revoke the payment made for the fourth year
of the grant period; and
‘‘(2) shall not make a payment for the fifth year of the
grant period.
H. R. 1—236
‘‘CHAPTER C—GENERAL PROVISIONS
‘‘SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this subpart $150,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding fiscal
years.
‘‘(b) RESERVATION.—From the funds appropriated to carry out
this subpart for fiscal year 2002, the Secretary shall reserve not
more than $30,000,000 to carry out chapter A.
‘‘Subpart 2—National Writing Project
‘‘SEC. 2331. PURPOSES.
‘‘The purposes of this subpart are—
‘‘(1) to support and promote the expansion of the National
Writing Project network of sites so that teachers in every
region of the United States will have access to a National
Writing Project program;
‘‘(2) to ensure the consistent high quality of the sites
through ongoing review, evaluation, and technical assistance;
‘‘(3) to support and promote the establishment of programs
to disseminate effective practices and research findings about
the teaching of writing; and
‘‘(4) to coordinate activities assisted under this subpart
with activities assisted under this Act.
‘‘SEC. 2332. NATIONAL WRITING PROJECT.
‘‘(a) AUTHORIZATION.—The Secretary is authorized to award
a grant to the National Writing Project, a nonprofit educational
organization that has as its primary purpose the improvement
of the quality of student writing and learning (hereafter in this
section referred to as the ‘grantee’) to improve the teaching of
writing and the use of writing as a part of the learning process
in our Nation’s classrooms.
‘‘(b) REQUIREMENTS OF GRANT.—The grant shall provide that—
‘‘(1) the grantee will enter into contracts with institutions
of higher education or other nonprofit educational providers
(hereafter in this section referred to as ‘contractors’) under
which the contractors will agree to establish, operate, and pro-
vide the non-Federal share of the cost of teacher training pro-
grams in effective approaches and processes for the teaching
of writing;
‘‘(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating teacher training programs as provided in para-
graph (1); and
‘‘(3) the grantee will meet such other conditions and stand-
ards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out
the provisions of this section.
‘‘(c) TEACHER TRAINING PROGRAMS.—The teacher training pro-
grams authorized in subsection (a) shall—
‘‘(1) be conducted during the school year and during the
summer months;
H. R. 1—237
‘‘(2) train teachers who teach grades kindergarten through
college;
‘‘(3) select teachers to become members of a National
Writing Project teacher network whose members will conduct
writing workshops for other teachers in the area served by
each National Writing Project site; and
‘‘(4) encourage teachers from all disciplines to participate
in such teacher training programs.
‘‘(d) FEDERAL SHARE.—
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2)
or (3) and for purposes of subsection (a), the term ‘Federal
share’ means, with respect to the costs of teacher training
programs authorized in subsection (a), 50 percent of such costs
to the contractor.
‘‘(2) WAIVER.—The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National Advisory
Board described in subsection (e) determines, on the basis
of financial need, that such waiver is necessary.
‘‘(3) MAXIMUM.—The Federal share of the costs of teacher
training programs conducted pursuant to subsection (a) may
not exceed $100,000 for any one contractor, or $200,000 for
a statewide program administered by any one contractor in
at least five sites throughout the State.
‘‘(e) NATIONAL ADVISORY BOARD.—
‘‘(1) ESTABLISHMENT.—The National Writing Project shall
establish and operate a National Advisory Board.
‘‘(2) COMPOSITION.—The National Advisory Board estab-
lished pursuant to paragraph (1) shall consist of—
‘‘(A) national educational leaders;
‘‘(B) leaders in the field of writing; and
‘‘(C) such other individuals as the National Writing
Project determines necessary.
‘‘(3) DUTIES.—The National Advisory Board established
pursuant to paragraph (1) shall—
‘‘(A) advise the National Writing Project on national
issues related to student writing and the teaching of
writing;
‘‘(B) review the activities and programs of the National
Writing Project; and
‘‘(C) support the continued development of the National
Writing Project.
‘‘(f) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall conduct an inde-
pendent evaluation by grant or contract of the teacher training
programs administered pursuant to this subpart. Such evalua-
tion shall specify the amount of funds expended by the National
Writing Project and each contractor receiving assistance under
this section for administrative costs. The results of such evalua-
tion shall be made available to the appropriate committees
of Congress.
‘‘(2) FUNDING LIMITATION.—The Secretary shall reserve not
more than $150,000 from the total amount appropriated pursu-
ant to the authority of subsection (h) for fiscal year 2002
and each of the 5 succeeding fiscal years to conduct the evalua-
tion described in paragraph (1).
‘‘(g) APPLICATION REVIEW.—
H. R. 1—238
‘‘(1) REVIEW BOARD.—The National Writing Project shall
establish and operate a National Review Board that shall con-
sist of—
‘‘(A) leaders in the field of research in writing; and
‘‘(B) such other individuals as the National Writing
Project deems necessary.
‘‘(2) DUTIES.—The National Review Board shall—
‘‘(A) review all applications for assistance under this
subsection; and
‘‘(B) recommend applications for assistance under this
subsection for funding by the National Writing Project.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this subpart $15,000,000 as may
be necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.
‘‘Subpart 3—Civic Education
‘‘SEC. 2341. SHORT TITLE.
‘‘This subpart may be cited as the ‘Education for Democracy
Act’.
‘‘SEC. 2342. PURPOSE.
‘‘It is the purpose of this subpart—
‘‘(1) to improve the quality of civics and government edu-
cation by educating students about the history and principles
of the Constitution of the United States, including the Bill
of Rights;
‘‘(2) to foster civic competence and responsibility; 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. 2343. GENERAL AUTHORITY.
‘‘(a) AUTHORITY.—The Secretary is authorized to award grants
to, or enter into contracts with—
‘‘(1) the Center for Civic Education, to carry out civic edu-
cation activities under sections 2344 and 2345;
‘‘(2) the National Council on Economic Education, to carry
out economic education activities under section 2345; and
‘‘(3) organizations experienced in the development of cur-
ricula and programs in civics and government education and
economic education for students in elementary schools and
secondary schools in countries other than the United States,
to carry out civic education activities under section 2345.
‘‘(b) DISTRIBUTION
FOR COOPERATIVE CIVIC EDUCATION
AND
ECONOMIC EDUCATION EXCHANGE PROGRAMS.—
‘‘(1) LIMITATION.—Not more than 40 percent of the amount
appropriated under section 2346 for a fiscal year shall be used
to carry out section 2345.
‘‘(2) DISTRIBUTION.—Of the amount used to carry out sec-
tion 2345 for a fiscal year (consistent with paragraph (1)),
the Secretary shall use—
‘‘(A) 37.5 percent for a grant or contract for the Center
for Civic Education;
‘‘(B) 37.5 percent for a grant or contract for the
National Council on Economic Education; and
H. R. 1—239
‘‘(C) 25 percent for not less than 1, but not more
than 3, grants or contracts for organizations described in
subsection (a)(3).
‘‘SEC. 2344. WE THE PEOPLE PROGRAM.
‘‘(a) THE CITIZEN AND THE CONSTITUTION.—
‘‘(1) EDUCATIONAL
ACTIVITIES.—The Center for Civic
Education—
‘‘(A) shall use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to continue and expand the educational activi-
ties of the program entitled the ‘We the People . . .
The Citizen and the Constitution’ program adminis-
tered by such center;
‘‘(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 on the basic
principles of the Nation’s constitutional 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 hearings for secondary school
students who wish to participate in such a program;
and
‘‘(B) may use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to provide advanced, sustained, and ongoing
training of teachers about the Constitution of the
United States and the political system of the United
States;
‘‘(ii) to provide materials and methods of instruc-
tion, including teacher training, that utilize the latest
advancements in educational technology; and
‘‘(iii) to provide civic education materials and serv-
ices to address specific problems such as the prevention
of school violence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—The education program
authorized under this subsection shall be made available to
public and private elementary schools and secondary schools,
including Bureau funded schools, in the 435 congressional dis-
tricts, and in the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth of the Northern Mariana
Islands.
‘‘(b) PROJECT CITIZEN.—
‘‘(1) EDUCATIONAL
ACTIVITIES.—The Center for Civic
Education—
‘‘(A) shall use funds made available under grants or
contracts under section 2343(a)(1)—
‘‘(i) to continue and expand the educational activi-
ties of the program entitled the ‘We the People . . .
Project Citizen’ program administered by the Center;
H. R. 1—240
‘‘(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 2343(a)(1)—
‘‘(i) to provide optional school and community simu-
lated State legislative hearings;
‘‘(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
Constitution of the United States;
‘‘(iii) to provide materials and methods of instruc-
tion, including teacher training, that utilize the latest
advancements in educational technology; and
‘‘(iv) to provide civic education materials and serv-
ices to address specific problems such as the prevention
of school violence and the abuse of drugs and alcohol.
‘‘(2) AVAILABILITY OF PROGRAM.—The education program
authorized under this subsection shall be made available to
public and private middle schools, including Bureau funded
schools, in the 50 States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
‘‘(c) BUREAU-FUNDED SCHOOL DEFINED.—In this section, the
term ‘Bureau-funded school’ has the meaning given such term in
section 1146 of the Education Amendments of 1978 (25 U.S.C.
2026).
‘‘SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDU-
CATION EXCHANGE PROGRAMS.
‘‘(a) COOPERATIVE
EDUCATION
EXCHANGE
PROGRAMS.—The
Center for Civic Education, the National Council on Economic Edu-
cation, and organizations described in section 2343(a)(3) shall use
funds made available under grants or contracts under section 2343
to carry out cooperative education exchange programs in accordance
with this section.
‘‘(b) PURPOSE.—The purpose of the cooperative education
exchange programs carried out under this section shall be—
‘‘(1) to make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education, and economics education, developed
in the United States;
‘‘(2) to assist eligible countries in the adaptation,
implementation, and institutionalization of such programs;
‘‘(3) to create and implement civics and government edu-
cation, and economic education, programs for students that
draw upon the experiences of the participating eligible coun-
tries;
‘‘(4) to provide a means for the exchange of ideas and
experiences in civics and government education, and economic
H. R. 1—241
education, among political, educational, governmental, and pri-
vate sector leaders of participating eligible countries; and
‘‘(5) to provide support for—
‘‘(A) independent research and evaluation to determine
the effects of educational programs on students’ develop-
ment of the knowledge, skills, and traits of character essen-
tial for the preservation and improvement of constitutional
democracy; and
‘‘(B) effective participation in, and the preservation
and improvement of, an efficient market economy.
‘‘(c) ACTIVITIES.—In carrying out the cooperative education
exchange programs assisted under this section, the Center for Civic
Education, the National Council on Economic Education, and
organizations described in section 2343(a)(3) shall—
‘‘(1) provide to the participants from eligible countries—
‘‘(A) seminars on the basic principles of United States
constitutional democracy and economic system, including
seminars on the major governmental and economic institu-
tions and systems in the United States, and visits to such
institutions;
‘‘(B) visits to school systems, institutions of higher
education, and nonprofit organizations conducting exem-
plary programs in civics and government education, and
economic education, in the United States;
‘‘(C) translations and adaptations with respect to
United States civics and government education, and eco-
nomic education, curricular programs for students and
teachers, and in the case of training programs for teachers,
translations 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 cooperative edu-
cation exchange programs on students’ development
of the knowledge, skills, and traits of character essen-
tial for the preservation and improvement of constitu-
tional 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 pro-
grams in civics and government education, and economic
education, located in eligible countries;
‘‘(C) assistance from educators and scholars in eligible
countries in the development of curricular materials on
the history, government, and economy of such countries
that are useful in United States classrooms;
‘‘(D) opportunities to provide onsite demonstrations of
United States curricula and pedagogy for educational
leaders in eligible countries; and
‘‘(E) independent research and evaluation assistance
to determine—
H. R. 1—242
‘‘(i) the effects of the cooperative education
exchange programs assisted under this section on stu-
dents’ development of the knowledge, skills, and traits
of character essential for the preservation and improve-
ment of constitutional democracy; and
‘‘(ii) effective participation in, and improvement
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 dis-
ciplines, and educational policymakers.
‘‘(d) PARTICIPANTS.—The primary participants in the coopera-
tive education exchange programs assisted under this section shall
be educational leaders in the areas of civics and government edu-
cation, and economic education, including teachers, curriculum and
teacher training specialists, scholars in relevant disciplines, and
educational policymakers, and government and private sector
leaders from the United States and eligible countries.
‘‘(e) CONSULTATION.—The Secretary may award a grant to, or
enter into a contract with, the entities described in section 2343
to carry out programs assisted under this section only if the Sec-
retary of State concurs with the Secretary that such grant, or
contract, respectively, is consistent with the foreign policy of the
United States.
‘‘(f) AVOIDANCE OF DUPLICATION.—With the concurrence of the
Secretary of State, the Secretary shall ensure that—
‘‘(1) the activities carried out under the programs assisted
under this section are not duplicative of other activities con-
ducted in eligible countries; and
‘‘(2) any institutions in eligible countries, with which the
Center for Civic Education, the National Council on Economic
Education, or organizations described in section 2343(a)(3) may
work in conducting such activities, are creditable.
‘‘(g) ELIGIBLE COUNTRY DEFINED.—In this section, the term
‘eligible country’ means a Central European country, an Eastern
European country, Lithuania, Latvia, Estonia, 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
developing country (as such term is defined in section 209(d) of
the Education for the Deaf Act) if the Secretary, with the concur-
rence of the Secretary of State, determines that such developing
country has a democratic form of government.
‘‘SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
subpart $30,000,000 for fiscal year 2002 and such sums as may
be necessary for each of the 5 succeeding fiscal years.
‘‘Subpart 4—Teaching of Traditional American
History
‘‘SEC. 2351. ESTABLISHMENT OF PROGRAM.
‘‘(a) IN GENERAL.—The Secretary may establish and implement
a program to be known as the ‘Teaching American History Grant
H. R. 1—243
Program’, under which the Secretary shall award grants on a
competitive basis to local educational agencies—
‘‘(1) to carry out activities to promote the teaching of tradi-
tional American history in elementary schools and secondary
schools as a separate academic subject (not as a component
of social studies); and
‘‘(2) for the development, implementation, and strength-
ening of programs to teach traditional American history as
a separate academic subject (not as a component of social
studies) within elementary school and secondary school cur-
ricula, including the implementation of activities—
‘‘(A) to improve the quality of instruction; and
‘‘(B) to provide professional development and teacher
education activities with respect to American history.
‘‘(b) REQUIRED PARTNERSHIP.—A local educational agency that
receives a grant under subsection (a) shall carry out activities
under the grant in partnership with one or more of the following:
‘‘(1) An institution of higher education.
‘‘(2) A nonprofit history or humanities organization.
‘‘(3) A library or museum.
‘‘(c) APPLICATION.—To be eligible to receive an grant under
this section, a local educational agency shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may require.
‘‘SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.
‘‘Subpart 5—Teacher Liability Protection
‘‘SEC. 2361. SHORT TITLE.
‘‘This subpart may be cited as the ‘Paul D. Coverdell Teacher
Protection Act of 2001’.
‘‘SEC. 2362. PURPOSE.
‘‘The purpose of this subpart is to provide teachers, principals,
and other school professionals the tools they need to undertake
reasonable actions to maintain order, discipline, and an appropriate
educational environment.
‘‘SEC. 2363. DEFINITIONS.
‘‘For purposes of this subpart:
‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’ means any
pecuniary loss resulting from harm (including the loss of
earnings or other benefits related to employment, medical
expense loss, replacement services loss, loss due to death, burial
costs, and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under applicable
State law.
‘‘(2) HARM.—The term ‘harm’ includes physical, nonphys-
ical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC
LOSS.—The term ‘noneconomic loss’
means loss for physical or emotional pain, suffering, inconven-
ience, physical impairment, mental anguish, disfigurement, loss
of enjoyment of life, loss of society or companionship, loss
of consortium (other than loss of domestic service), hedonic
H. R. 1—244
damages, injury to reputation, or any other nonpecuniary loss
of any kind or nature.
‘‘(4) SCHOOL.—The term ‘school’ means a public or private
kindergarten, a public or private elementary school or sec-
ondary school, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, any other territory or possession
of the United States, or any political subdivision of any such
State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means—
‘‘(A) a teacher, instructor, principal, or administrator;
‘‘(B) another educational professional who works in
a school;
‘‘(C) a professional or nonprofessional employee who—
‘‘(i) works in a school; and
‘‘(ii)(I) in the employee’s job, maintains discipline
or ensures safety; or
‘‘(II) in an emergency, is called on to maintain
discipline or ensure safety; or
‘‘(D) an individual member of a school board (as distinct
from the board).
‘‘SEC. 2364. APPLICABILITY.
‘‘This subpart shall only apply to States that receive funds
under this Act, and shall apply to such a State as a condition
of receiving such funds.
‘‘SEC. 2365. PREEMPTION AND ELECTION OF STATE NONAPPLICA-
BILITY.
‘‘(a) PREEMPTION.—This subpart preempts the laws of any State
to the extent that such laws are inconsistent with this subpart,
except that this subpart shall not preempt any State law that
provides additional protection from liability relating to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICABILITY.—This
subpart shall not apply to any civil action in a State court against
a teacher with respect to claims arising within that State if such
State enacts a statute in accordance with State requirements for
enacting legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that this subpart
shall not apply, as of a date certain, to such civil action in
the State; and
‘‘(3) containing no other provisions.
‘‘SEC. 2366. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except as provided
in subsection (b), no teacher in a school shall be liable for harm
caused by an act or omission of the teacher on behalf of the
school if—
‘‘(1) the teacher was acting within the scope of the teacher’s
employment or responsibilities to a school or governmental
entity;
‘‘(2) the actions of the teacher were carried out in con-
formity with Federal, State, and local laws (including rules
and regulations) in furtherance of efforts to control, discipline,
H. R. 1—245
expel, or suspend a student or maintain order or control in
the classroom or school;
‘‘(3) if appropriate or required, the teacher was properly
licensed, certified, or authorized by the appropriate authorities
for the activities or practice involved in the State in which
the harm occurred, where the activities were or practice was
undertaken within the scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or criminal mis-
conduct, gross negligence, reckless misconduct, or a conscious,
flagrant indifference to the rights or safety of the individual
harmed by the teacher; and
‘‘(5) the harm was not caused by the teacher operating
a motor vehicle, vessel, aircraft, or other vehicle for which
the State requires the operator or the owner of the vehicle,
craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) EXCEPTIONS TO TEACHER LIABILITY PROTECTION.—If the
laws of a State limit teacher liability subject to one or more of
the following conditions, such conditions shall not be construed
as inconsistent with this section:
‘‘(1) A State law that requires a school or governmental
entity to adhere to risk management procedures, including
mandatory training of teachers.
‘‘(2) A State law that makes the school or governmental
entity liable for the acts or omissions of its teachers to the
same extent as an employer is liable for the acts or omissions
of its employees.
ate law that makes a limitation of liability inapplicable
if the civil action was brought by an officer of a State or
local government pursuant to State or local law.
‘‘(c) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS
OF TEACHERS.—
‘‘(1) GENERAL
RULE.—Punitive damages may not be
awarded against a teacher in an action brought for harm based
on the act or omission of a teacher acting within the scope
of the teacher’s employment or responsibilities to a school or
governmental entity unless the claimant establishes by clear
and convincing evidence that the harm was proximately caused
by an act or omission of such teacher that constitutes willful
or criminal misconduct, or a conscious, flagrant indifference
to the rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not create a cause
of action for punitive damages and does not preempt or super-
sede any Federal or State law to the extent that such law
would further limit the award of punitive damages.
‘‘(d) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN
GENERAL.—The limitations on the liability of a
teacher under this subpart shall not apply to any misconduct
that—
‘‘(A) constitutes a crime of violence (as that term is
defined in section 16 of title 18, United States Code) or
act of international terrorism (as that term is defined in
section 2331 of title 18, United States Code) for which
the defendant has been convicted in any court;
H. R. 1—246
‘‘(B) involves a sexual offense, as defined by applicable
State law, for which the defendant has been convicted
in any court;
‘‘(C) involves misconduct for which the defendant has
been found to have violated a Federal or State civil rights
law; or
‘‘(D) where the defendant was under the influence (as
determined pursuant to applicable State law) of intoxi-
cating alcohol or any drug at the time of the misconduct.
‘‘(2) HIRING.—The limitations on the liability of a teacher
under this subpart shall not apply to misconduct during back-
ground investigations, or during other actions, involved in the
hiring of a teacher.
‘‘(e) RULES OF CONSTRUCTION.—
‘‘(1) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS
AND GOVERNMENTAL ENTITIES.—Nothing in this section shall
be construed to affect any civil action brought by any school
or any governmental entity against any teacher of such school.
‘‘(2) CONCERNING CORPORAL PUNISHMENT.—Nothing in this
subpart shall be construed to affect any State or local law
(including a rule or regulation) or policy pertaining to the
use of corporal punishment.
‘‘SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC
LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a teacher,
based on an act or omission of a teacher acting within the scope
of the teacher’s employment or responsibilities to a school or govern-
mental entity, the liability of the teacher for noneconomic loss
shall be determined in accordance with subsection (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN GENERAL.—
‘‘(A) LIABILITY.—Each defendant who is a teacher shall
be liable only for the amount of noneconomic loss allocated
to that defendant in direct proportion to the percentage
of responsibility of that defendant (determined in accord-
ance with paragraph (2)) for the harm to the claimant
with respect to which that defendant is liable.
‘‘(B) SEPARATE JUDGMENT.—The court shall render a
separate judgment against each defendant in an amount
determined pursuant to subparagraph (A).
‘‘(2) PERCENTAGE
OF
RESPONSIBILITY.—For purposes of
determining the amount of noneconomic loss allocated to a
defendant who is a teacher under this section, the trier of
fact shall determine the percentage of responsibility of each
person responsible for the claimant’s harm, whether or not
such person is a party to the action.
‘‘(c) RULE
OF CONSTRUCTION.—Nothing in this section shall
be construed to preempt or supersede any Federal or State law
that further limits the application of joint liability in a civil action
described in subsection (a), beyond the limitations established in
this section.
‘‘SEC. 2368. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—This subpart shall take effect 90 days after
the date of enactment of the No Child Left Behind Act of 2001.
‘‘(b) APPLICATION.—This subpart applies to any claim for harm
caused by an act or omission of a teacher if that claim is filed
H. R. 1—247
on or after the effective date of the No Child Left Behind Act
of 2001 without regard to whether the harm that is the subject
of the claim or the conduct that caused the harm occurred before
such effective date.
‘‘PART D—ENHANCING EDUCATION THROUGH
TECHNOLOGY
‘‘SEC. 2401. SHORT TITLE.
‘‘This part may be cited as the ‘Enhancing Education Through
Technology Act of 2001’.
‘‘SEC. 2402. PURPOSES AND GOALS.
‘‘(a) PURPOSES.—The purposes of this part are the following:
‘‘(1) To provide assistance to States and localities for the
implementation and support of a comprehensive system that
effectively uses technology in elementary schools and secondary
schools to improve student academic achievement.
‘‘(2) To encourage the establishment or expansion of initia-
tives, including initiatives involving public-private partner-
ships, designed to increase access to technology, particularly
in schools served by high-need local educational agencies.
‘‘(3) To assist States and localities in the acquisition,
development, interconnection, implementation, improvement,
and maintenance of an effective educational technology infra-
structure in a manner that expands access to technology for
students (particularly for disadvantaged students) and teachers.
‘‘(4) To promote initiatives that provide school teachers,
principals, and administrators with the capacity to integrate
technology effectively into curricula and instruction that are
aligned with challenging State academic content and student
academic achievement standards, through such means as high-
quality professional development programs.
‘‘(5) To enhance the ongoing professional development of
teachers, principals, and administrators by providing constant
access to training and updated research in teaching and
learning through electronic means.
‘‘(6) To support the development and utilization of electronic
networks and other innovative methods, such as distance
learning, of delivering specialized or rigorous academic courses
and curricula for students in areas that would not otherwise
have access to such courses and curricula, particularly in geo-
graphically isolated regions.
‘‘(7) To support the rigorous evaluation of programs funded
under this part, particularly regarding the impact of such pro-
grams on student academic achievement, and ensure that
timely information on the results of such evaluations is widely
accessible through electronic means.
‘‘(8) To support local efforts using technology to promote
parent and family involvement in education and communication
among students, parents, teachers, principals, and administra-
tors.
‘‘(b) GOALS.—
‘‘(1) PRIMARY GOAL.—The primary goal of this part is to
improve student academic achievement through the use of tech-
nology in elementary schools and secondary schools.
H. R. 1—248
‘‘(2) ADDITIONAL GOALS.—The additional goals of this part
are the following:
‘‘(A) To assist every student in crossing the digital
divide by ensuring that every student is technologically
literate by the time the student finishes the eighth grade,
regardless of the student’s race, ethnicity, gender, family
income, geographic location, or disability.
‘‘(B) To encourage the effective integration of tech-
nology resources and systems with teacher training and
curriculum 
development 
to 
establish 
research-based
instructional methods that can be widely implemented as
best practices by State educational agencies and local edu-
cational agencies.
‘‘SEC. 2403. DEFINITIONS.
‘‘In this part:
‘‘(1) ELIGIBLE LOCAL ENTITY.—The term ‘eligible local entity’
means—
‘‘(A) a high-need local educational agency; or
‘‘(B) an eligible local partnership.
‘‘(2) ELIGIBLE LOCAL PARTNERSHIP.—The term ‘eligible local
partnership’ means a partnership that—
‘‘(A) shall include at least one high-need local edu-
cational agency and at least one—
‘‘(i) local educational agency that can demonstrate
that teachers in schools served by the agency are effec-
tively integrating technology and proven teaching prac-
tices into instruction, based on a review of relevant
research, and that the integration results in improve-
ment in—
‘‘(I) classroom instruction in the core academic
subjects; and
‘‘(II) the preparation of students to meet chal-
lenging State academic content and student aca-
demic achievement standards;
‘‘(ii) institution of higher education that is in full
compliance with the reporting requirements of section
207(f) of the Higher Education Act of 1965 and that
has not been identified by its State as low-performing
under section 208 of such Act;
‘‘(iii) for-profit business or organization that
develops, designs, manufactures, or produces tech-
nology products or services, or has substantial exper-
tise in the application of technology in instruction;
or
‘‘(iv) public or private nonprofit organization with
demonstrated experience in the application of edu-
cational technology to instruction; and
‘‘(B) may include other local educational agencies, edu-
cational service agencies, libraries, or other educational
entities appropriate to provide local programs.
‘‘(3) HIGH-NEED LOCAL EDUCATIONAL AGENCY.—The term
‘high-need local educational agency’ means a local educational
agency that—
‘‘(A) is among the local educational agencies in a State
with the highest numbers or percentages of children from
families with incomes below the poverty line; and
H. R. 1—249
‘‘(B)(i) operates one or more schools identified under
section 1116; or
‘‘(ii) has a substantial need for assistance in acquiring
and using technology.
‘‘SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out subparts 1 and 2, $1,000,000,000 for fiscal year 2002,
and such sums as may be necessary for each of the 5 succeeding
fiscal years.
‘‘(b) ALLOCATION OF FUNDS BETWEEN STATE AND LOCAL AND
NATIONAL INITIATIVES.—The amount of funds made available under
subsection (a) for a fiscal year shall be allocated so that—
‘‘(1) not less than 98 percent is made available to carry
out subpart 1; and
‘‘(2) not more than 2 percent is made available to carry
out subpart 2.
‘‘(c) ALLOCATION OF FUNDS FOR STUDY.—Of the total amount
of funds allocated under subsection (b)(2) for fiscal years 2002
through 2007, not more than $15,000,000 may be used to carry
out section 2421(a).
‘‘(d) LIMITATION.—Of the amount of funds made available to
a recipient of funds under this part for a fiscal year, not more
than 5 percent may be used by the recipient for administrative
costs or technical assistance, of which not more than 60 percent
may be used by the recipient for administrative costs.
‘‘Subpart 1—State and Local Technology Grants
‘‘SEC. 2411. ALLOTMENT AND REALLOTMENT.
‘‘(a) RESERVATIONS AND ALLOTMENT.—From the amount made
available to carry out this subpart under section 2404(b)(1) for
a fiscal year—
‘‘(1) the Secretary shall reserve—
‘‘(A) three-fourths of 1 percent for the Secretary of
the Interior for programs under this subpart for schools
operated or funded by the Bureau of Indian Affairs;
‘‘(B) one-half of 1 percent to provide assistance under
this subpart to the outlying areas; and
‘‘(C) such sums as may be necessary for continuation
awards on grants awarded under section 3136 prior to
the date of enactment of the No Child Left Behind Act
of 2001; and
‘‘(2) from the remainder of such amount and subject to
subsection (b), the Secretary shall make grants by allotting
to each eligible State educational agency under this subpart
an amount that bears the same relationship to such remainder
for such year as the amount received under part A of title
I for such year by such State educational agency bears to
the amount received under such part for such year by all
State educational agencies.
‘‘(b) MINIMUM ALLOTMENT.—The amount of any State edu-
cational agency’s allotment under subsection (a)(2) for any fiscal
year may not be less than one-half of 1 percent of the amount
made available for allotments to States under this part for such
year.
H. R. 1—250
‘‘(c) REALLOTMENT OF UNUSED FUNDS.—If any State educational
agency does not apply for an allotment under this subpart for
a fiscal year, or does not use its entire allotment under this subpart
for that fiscal year, the Secretary shall reallot the amount of the
State educational agency’s allotment, or the unused portion of the
allotment, to the remaining State educational agencies that use
their entire allotments under this subpart in accordance with this
section.
‘‘(d) STATE EDUCATIONAL AGENCY DEFINED.—In this section,
the term ‘State educational agency’ does not include an agency
of an outlying area or the Bureau of Indian Affairs.
‘‘SEC. 2412. USE OF ALLOTMENT BY STATE.
‘‘(a) IN GENERAL.—Of the amount provided to a State edu-
cational agency (from the agency’s allotment under section
2411(a)(2)) for a fiscal year—
‘‘(1) the State educational agency may use not more than
5 percent to carry out activities under section 2415; and
‘‘(2) the State educational agency shall distribute the
remainder as follows:
‘‘(A) From 50 percent of the remainder, the State edu-
cational agency shall award subgrants by allocating to
each eligible local educational agency that has submitted
an application to the State educational agency under sec-
tion 2414, for the activities described in section 2416, an
amount that bears the same relationship to 50 percent
of the remainder for such year as the amount received
under part A of title I for such year by such local edu-
cational agency bears to the amount received under such
part for such year by all local educational agencies within
the State.
‘‘(B) From 50 percent of the remainder and subject
to subsection (b), the State educational agency shall award
subgrants, through a State-determined competitive process,
to eligible local entities that have submitted applications
to the State educational agency under section 2414, for
the activities described in section 2416.
‘‘(b) SUFFICIENT AMOUNTS.—
‘‘(1) SPECIAL RULE.—In awarding a subgrant under sub-
section (a)(2)(B), the State educational agency shall—
‘‘(A) determine the local educational agencies that—
‘‘(i) received allocations under subsection (a)(2)(A)
that are not of sufficient size to be effective, consistent
with the purposes of this part; and
‘‘(ii) are eligible local entities;
‘‘(B) give priority to applications submitted by eligible
local educational agencies described in subparagraph (A);
and
‘‘(C) determine the minimum amount for awards under
subsection (a)(2)(B) to ensure that subgrants awarded
under that subsection are of sufficient size to be effective.
‘‘(2) SUFFICIENCY.—In awarding subgrants under sub-
section (a)(2)(B), each State educational agency shall ensure
that each subgrant is of sufficient size and duration, and that
the program funded by the subgrant is of sufficient scope and
quality, to carry out the purposes of this part effectively.
H. R. 1—251
‘‘(3) DISTRIBUTION.—In awarding subgrants under sub-
section (a)(2)(B), each State educational agency shall ensure
an equitable distribution of assistance under this subpart
among urban and rural areas of the State, according to the
demonstrated need of those local educational agencies serving
the areas.
‘‘(c) FISCAL AGENT.—If an eligible local partnership receives
a subgrant under subsection (a)(2)(B), a local educational agency
in the partnership shall serve as the fiscal agent for the partnership.
‘‘(d) TECHNICAL ASSISTANCE.—Each State educational agency
receiving a grant under section 2411(a) shall—
‘‘(1) identify the local educational agencies served by the
State educational agency that—
‘‘(A) have the highest numbers or percentages of chil-
dren from families with incomes below the poverty line;
and
‘‘(B) demonstrate to such State educational agency the
greatest need for technical assistance in developing an
application under section 2414; and
‘‘(2) offer the technical assistance described in paragraph
(1)(B) to those local educational agencies.
‘‘SEC. 2413. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a grant under this
subpart, a State educational agency shall submit to the Secretary,
at such time and in such manner as the Secretary may specify,
an application containing a new or updated statewide long-range
strategic educational technology plan (which shall address the edu-
cational technology needs of local educational agencies) and such
other information as the Secretary may reasonably require.
‘‘(b) CONTENTS.—Each State application submitted under sub-
section (a) shall include each of the following:
‘‘(1) An outline of the State educational agency’s long-term
strategies for improving student academic achievement,
including technology literacy, through the effective use of tech-
nology in classrooms throughout the State, including through
improving the capacity of teachers to integrate technology effec-
tively into curricula and instruction.
‘‘(2) A description of the State educational agency’s goals
for using advanced technology to improve student academic
achievement, and how those goals are aligned with challenging
State academic content and student academic achievement
standards.
‘‘(3) A description of how the State educational agency
will take steps to ensure that all students and teachers in
the State, particularly students and teachers in districts served
by high-need local educational agencies, have increased access
to technology.
‘‘(4) A description of the process and accountability meas-
ures that the State educational agency will use to evaluate
the extent to which activities funded under this subpart are
effective in integrating technology into curricula and instruc-
tion.
‘‘(5) A description of how the State educational agency
will encourage the development and utilization of innovative
strategies for the delivery of specialized or rigorous academic
courses and curricula through the use of technology, including
H. R. 1—252
distance learning technologies, particularly for those areas of
the State that would not otherwise have access to such courses
and curricula due to geographical isolation or insufficient
resources.
‘‘(6) An assurance that financial assistance provided under
this subpart will supplement, and not supplant, State and
local funds.
‘‘(7) A description of how the plan incorporates teacher
education, professional development, and curriculum develop-
ment, and how the State educational agency will work to ensure
that teachers and principals in a State receiving funds under
this part are technologically literate.
‘‘(8) A description of—
‘‘(A) how the State educational agency will provide
technical assistance to applicants under section 2414, espe-
cially to those applicants serving the highest numbers or
percentages of children in poverty or with the greatest
need for technical assistance; and
‘‘(B) the capacity of the State educational agency to
provide such assistance.
‘‘(9) A description of technology resources and systems that
the State will provide for the purpose of establishing best
practices that can be widely replicated by State educational
agencies and local educational agencies in the State and in
other States.
‘‘(10) A description of the State’s long-term strategies for
financing technology to ensure that all students, teachers, and
classrooms have access to technology.
‘‘(11) A description of the State’s strategies for using tech-
nology to increase parental involvement.
‘‘(12) A description of how the State educational agency
will ensure that each subgrant awarded under section
2412(a)(2)(B) is of sufficient size and duration, and that the
program funded by the subgrant is of sufficient scope and
quality, to carry out the purposes of this part effectively.
‘‘(13) A description of how the State educational agency
will ensure ongoing integration of technology into school cur-
ricula and instructional strategies in all schools in the State,
so that technology will be fully integrated into the curricula
and instruction of the schools by December 31, 2006.
‘‘(14) A description of how the local educational agencies
in the State will provide incentives to teachers who are techno-
logically literate and teaching in rural or urban areas, to
encourage such teachers to remain in those areas.
‘‘(15) A description of how public and private entities will
participate in the implementation and support of the plan.
‘‘(c) DEEMED APPROVAL.—An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day period
beginning on the date on which the Secretary received the applica-
tion, that the application is not in compliance with this part.
‘‘(d) DISAPPROVAL.—The Secretary shall not finally disapprove
the application, except after giving the State educational agency
notice and an opportunity for a hearing.
H. R. 1—253
‘‘(e) NOTIFICATION.—If the Secretary finds that the application
is not in compliance, in whole or in part, with this part, the
Secretary shall—
‘‘(1) give the State educational agency notice and an oppor-
tunity for a hearing; and
‘‘(2) notify the State educational agency of the finding of
noncompliance and, in such notification, shall—
‘‘(A) cite the specific provisions in the application that
are not in compliance; and
‘‘(B) request additional information, only as to the non-
compliant provisions, needed to make the application
compliant.
‘‘(f) RESPONSE.—If the State educational agency responds to
the Secretary’s notification described in subsection (e)(2) during
the 45-day period beginning on the date on which the agency
received the notification, and resubmits the application with the
requested information described in subsection (e)(2)(B), the Sec-
retary shall approve or disapprove such application prior to the
later of—
‘‘(1) the expiration of the 45-day period beginning on the
date on which the application is resubmitted; or
‘‘(2) the expiration of the 120-day period described in sub-
section (c).
‘‘(g) FAILURE TO RESPOND.—If the State educational agency
does not respond to the Secretary’s notification described in sub-
section (e)(2) during the 45-day period beginning on the date on
which the agency received the notification, such application shall
be deemed to be disapproved.
‘‘SEC. 2414. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—To be eligible to receive a subgrant from
a State educational agency under this subpart, a local educational
agency or eligible local entity shall submit to the State educational
agency an application containing a new or updated local long-
range strategic educational technology plan that is consistent with
the objectives of the statewide educational technology plan described
in section 2413(a), and such other information as the State edu-
cational agency may reasonably require, at such time and in such
manner as the State educational agency may require.
‘‘(b) CONTENTS.—The application shall include each of the fol-
lowing:
‘‘(1) A description of how the applicant will use Federal
funds under this subpart to improve the student academic
achievement, including technology literacy, of all students
attending schools served by the local educational agency and
to improve the capacity of all teachers teaching in schools
served by the local educational agency to integrate technology
effectively into curricula and instruction.
‘‘(2) A description of the applicant’s specific goals for using
advanced technology to improve student academic achievement,
aligned with challenging State academic content and student
academic achievement standards.
‘‘(3) A description of the steps the applicant will take to
ensure that all students and teachers in schools served by
the local educational agency involved have increased access
to educational technology, including how the agency would use
H. R. 1—254
funds under this subpart (such as combining the funds with
funds from other sources), to help ensure that—
‘‘(A) students in high-poverty and high-needs schools,
or schools identified under section 1116, have access to
technology; and
‘‘(B) teachers are prepared to integrate technology effec-
tively into curricula and instruction.
‘‘(4) A description of how the applicant will—
‘‘(A) identify and promote curricula and teaching strate-
gies that integrate technology effectively into curricula and
instruction, based on a review of relevant research, leading
to improvements in student academic achievement, as
measured by challenging State academic content and stu-
dent academic achievement standards; and
‘‘(B) provide ongoing, sustained professional develop-
ment for teachers, principals, administrators, and school
library media personnel serving the local educational
agency, to further the effective use of technology in the
classroom or library media center, including, if applicable,
a list of the entities that will be partners with the local
educational agency involved in providing the ongoing, sus-
tained professional development.
‘‘(5) A description of the type and costs of technologies
to be acquired under this subpart, including services, software,
and digital curricula, and including specific provisions for inter-
operability among components of such technologies.
‘‘(6) A description of how the applicant will coordinate
activities carried out with funds provided under this subpart
with technology-related activities carried out with funds avail-
able from other Federal, State, and local sources.
‘‘(7) A description of how the applicant will integrate tech-
nology (including software and other electronically delivered
learning materials) into curricula and instruction, and a
timeline for such integration.
‘‘(8) A description of how the applicant will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and cur-
ricula through the use of technology, including distance learning
technologies, particularly for those areas that would not other-
wise have access to such courses and curricula due to geo-
graphical isolation or insufficient resources.
‘‘(9) A description of how the applicant will ensure the
effective use of technology to promote parental involvement
and increase communication with parents, including a descrip-
tion of how parents will be informed of the technology being
applied in their child’s education so that the parents are able
to reinforce at home the instruction their child receives at
school.
‘‘(10) A description of how programs will be developed,
where applicable, in collaboration with adult literacy service
providers, to maximize the use of technology.
‘‘(11) A description of the process and accountability meas-
ures that the applicant will use to evaluate the extent to
which activities funded under this subpart are effective in
integrating technology into curricula and instruction, increasing
the ability of teachers to teach, and enabling students to meet
H. R. 1—255
challenging State academic content and student academic
achievement standards.
‘‘(12) A description of the supporting resources (such as
services, software, other electronically delivered learning mate-
rials, and print resources) that will be acquired to ensure
successful and effective uses of technology.
‘‘(c) COMBINED APPLICATIONS.—A local educational agency that
is an eligible local entity and submits an application to the State
educational agency under this section for funds awarded under
section 2412(a)(2)(A) may combine the agency’s application for funds
awarded under that section with an application for funds awarded
under section 2412(a)(2)(B).
‘‘(d) SPECIAL RULE.—
‘‘(1) CONSORTIUM APPLICATIONS.—
‘‘(A) IN GENERAL.—For any fiscal year, a local edu-
cational agency applying for financial assistance described
in section 2412(a)(2)(A) may apply as part of a consortium
that includes other local educational agencies, institutions
of higher education, educational service agencies, libraries,
or other educational entities appropriate to provide local
programs.
‘‘(B) FISCAL
AGENT.—If a local educational agency
applies for and receives financial assistance described in
section 2412(a)(2)(A) as part of a consortium, the local
educational agency shall serve as the fiscal agent for the
consortium.
‘‘(2) STATE
EDUCATIONAL
AGENCY
ASSISTANCE.—At the
request of a local educational agency, a State educational
agency may assist the local educational agency in the formation
of a consortium described in paragraph (1) to provide services
for the teachers and students served by the local educational
agency.
‘‘SEC. 2415. STATE ACTIVITIES.
‘‘From funds made available under section 2412(a)(1), a State
educational agency shall carry out activities and assist local efforts
to carry out the purposes of this part, which may include the
following activities:
‘‘(1) Developing, or assisting applicants or recipients of
funds under this subpart in the development and utilization
of, innovative strategies for the delivery of specialized or rig-
orous academic courses and curricula through the use of tech-
nology, including distance learning technologies, and providing
other technical assistance to such applicants or recipients
throughout the State, with priority given to high-need local
educational agencies.
‘‘(2) Establishing or supporting public-private initiatives
(such as interest-free or reduced-cost loans) for the acquisition
of educational technology for high-need local educational agen-
cies and students attending schools served by such agencies.
‘‘(3) Assisting recipients of funds under this subpart in
providing sustained and intensive, high-quality professional
development based on a review of relevant research in the
integration of advanced technologies, including emerging tech-
nologies, into curricula and instruction and in using those tech-
nologies to create new learning environments, including
training in the use of technology to—
H. R. 1—256
‘‘(A) access data and resources to develop curricula
and instructional materials;
‘‘(B) enable teachers—
‘‘(i) to use the Internet and other technology to
communicate with parents, other teachers, principals,
and administrators; and
‘‘(ii) to retrieve Internet-based learning resources;
and
‘‘(C) lead to improvements in classroom instruction in
the core academic subjects, that effectively prepare stu-
dents to meet challenging State academic content standards
and student academic achievement standards.
‘‘(4) Assisting recipients of funds under this subpart in
providing all students (including students with disabilities and
students with limited English proficiency) and teachers with
access to educational technology.
‘‘(5) Developing performance measurement systems to
determine the effectiveness of educational technology programs
funded under this subpart, particularly in determining the
extent to which activities funded under this subpart are effec-
tive in integrating technology into curricula and instruction,
increasing the ability of teachers to teach, and enabling stu-
dents to meet challenging State academic content and student
academic achievement standards.
‘‘(6) Collaborating with other State educational agencies
on distance learning, including making specialized or rigorous
academic courses and curricula available to students in areas
that would not otherwise have access to such courses and
curricula.
‘‘SEC. 2416. LOCAL ACTIVITIES.
‘‘(a) PROFESSIONAL DEVELOPMENT.—
‘‘(1) IN
GENERAL.—A recipient of funds made available
under section 2412(a)(2) shall use not less than 25 percent
of such funds to provide ongoing, sustained, and intensive,
high-quality professional development. The recipient shall pro-
vide professional development in the integration of advanced
technologies, including emerging technologies, into curricula
and instruction and in using those technologies to create new
learning environments, such as professional development in
the use of technology—
‘‘(A) to access data and resources to develop curricula
and instructional materials;
‘‘(B) to enable teachers—
‘‘(i) to use the Internet and other technology to
communicate with parents, other teachers, principals,
and administrators; and
‘‘(ii) to retrieve Internet-based learning resources;
and
‘‘(C) to lead to improvements in classroom instruction
in the core academic subjects, that effectively prepare stu-
dents to meet challenging State academic content stand-
ards, including increasing student technology literacy, and
student academic achievement standards.
‘‘(2) WAIVERS.—Paragraph (1) shall not apply to a recipient
of funds made available under section 2412(a)(2) that dem-
onstrates, to the satisfaction of the State educational agency
H. R. 1—257
involved, that the recipient already provides ongoing, sustained,
and intensive, high-quality professional development that is
based on a review of relevant research, to all teachers in
core academic subjects in the integration of advanced tech-
nologies, including emerging technologies, into curricula and
instruction.
‘‘(b) OTHER ACTIVITIES.—In addition to the activities described
in subsection (a), a recipient of funds made available by a State
educational agency under section 2412(a)(2) shall use such funds
to carry out other activities consistent with this subpart, which
may include the following:
‘‘(1) Establishing or expanding initiatives, particularly ini-
tiatives involving public-private partnerships, designed to
increase access to technology for students and teachers, with
special emphasis on the access of high-need schools to tech-
nology.
‘‘(2) Adapting or expanding existing and new applications
of technology to enable teachers to increase student academic
achievement, including technology literacy—
‘‘(A) through the use of teaching practices that are
based on a review of relevant research and are designed
to prepare students to meet challenging State academic
content and student academic achievement standards; and
‘‘(B) by the development and utilization of innovative
distance learning strategies to deliver specialized or rig-
orous academic courses and curricula to areas that would
not otherwise have access to such courses and curricula.
‘‘(3) Acquiring proven and effective courses and curricula
that include integrated technology and are designed to help
students meet challenging State academic content and student
academic achievement standards.
‘‘(4) Utilizing technology to develop or expand efforts to
connect schools and teachers with parents and students to
promote meaningful parental involvement, to foster increased
communication about curricula, assignments, and assessments
between students, parents, and teachers, and to assist parents
to understand the technology being applied in their child’s
education, so that parents are able to reinforce at home the
instruction their child receives at school.
‘‘(5) Preparing one or more teachers in elementary schools
and secondary schools as technology leaders who are provided
with the means to serve as experts and train other teachers
in the effective use of technology, and providing bonus payments
to the technology leaders.
‘‘(6) 
Acquiring, 
adapting, 
expanding, 
implementing,
repairing, and maintaining existing and new applications of
technology, to support the school reform effort and to improve
student academic achievement, including technology literacy.
‘‘(7) Acquiring connectivity linkages, resources, and services
(including the acquisition of hardware and software and other
electronically delivered learning materials) for use by teachers,
students, academic counselors, and school library media per-
sonnel in the classroom, in academic and college counseling
centers, or in school library media centers, in order to improve
student academic achievement.
‘‘(8) Using technology to collect, manage, and analyze data
to inform and enhance teaching and school improvement efforts.
H. R. 1—258
‘‘(9) Implementing performance measurement systems to
determine the effectiveness of education technology programs
funded under this subpart, particularly in determining the
extent to which activities funded under this subpart are effec-
tive in integrating technology into curricula and instruction,
increasing the ability of teachers to teach, and enabling stu-
dents to meet challenging State academic content and student
academic achievement standards.
‘‘(10) Developing, enhancing, or implementing information
technology courses.
‘‘Subpart 2—National Technology Activities
‘‘SEC. 2421. NATIONAL ACTIVITIES.
‘‘(a) STUDY.—Using funds made available under section
2404(b)(2), the Secretary—
‘‘(1) shall conduct an independent, long-term study, uti-
lizing scientifically based research methods and control groups
or control conditions—
‘‘(A) on the conditions and practices under which edu-
cational technology is effective in increasing student aca-
demic achievement; and
‘‘(B) on the conditions and practices that increase the
ability of teachers to integrate technology effectively into
curricula and instruction, that enhance the learning
environment and opportunities, and that increase student
academic achievement, including technology literacy;
‘‘(2) shall establish an independent review panel to advise
the Secretary on methodological and other issues that arise
in conducting the long-term study;
‘‘(3) shall consult with other interested Federal depart-
ments or agencies, State and local educational practitioners
and policymakers (including teachers, principals, and super-
intendents), and experts in technology, regarding the study;
and
‘‘(4) shall submit to Congress interim reports, when appro-
priate, and a final report, to be submitted not later than April
1, 2006, on the findings of the study.
‘‘(b) DISSEMINATION.—Using funds made available under section
2404(b)(2), the Secretary shall make widely available, including
through dissemination on the Internet and to all State educational
agencies and other recipients of funds under this part, findings
identified through activities carried out under this section regarding
the conditions and practices under which educational technology
is effective in increasing student academic achievement.
‘‘(c) TECHNICAL
ASSISTANCE.—Using funds made available
under section 2404(b)(2), the Secretary may provide technical assist-
ance (directly or through the competitive award of grants or con-
tracts) to State educational agencies, local educational agencies,
and other recipients of funds, particularly in rural areas, under
this part, in order to assist such State educational agencies, local
educational agencies, and other recipients to achieve the purposes
of this part.
‘‘SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.
‘‘(a) IN GENERAL.—Based on the Nation’s progress and an
assessment by the Secretary of the continuing and future needs
H. R. 1—259
of the Nation’s schools in effectively using technology to provide
all students the opportunity to meet challenging State academic
content and student academic achievement standards, the Secretary
shall update and publish, in a form readily accessible to the public,
a national long-range technology plan, by not later than 12 months
after the date of enactment of the No Child Left Behind Act of
2001.
‘‘(b) CONTENTS.—The plan referred to in subsection (a) shall
include each of the following:
‘‘(1) A description of the manner in which the Secretary
will promote—
‘‘(A) higher student academic achievement through the
integration of advanced technologies, including emerging
technologies, into curricula and instruction;
‘‘(B) increased access to technology for teaching and
learning for schools with a high number or percentage
of children from families with incomes below the poverty
line; and
‘‘(C) the use of technology to assist in the implementa-
tion of State systemic reform strategies.
‘‘(2) A description of joint activities of the Department
of Education and other Federal departments or agencies that
will promote the use of technology in education.
‘‘Subpart 3—Ready-to-Learn Television
‘‘SEC. 2431. READY-TO-LEARN TELEVISION.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, eligible entities described in paragraph (3) to enable such
entities—
‘‘(A) to develop, produce, and distribute educational
and instructional video programming for preschool and
elementary school children and their parents in order to
facilitate student academic achievement;
‘‘(B) to facilitate the development, directly or through
contracts with producers of children and family educational
television programming, of educational programming for
preschool and elementary school children, and the accom-
panying support materials and services that promote the
effective use of such programming;
‘‘(C) to facilitate the development of programming and
digital content containing Ready-to-Learn-based children’s
programming and resources for parents and caregivers that
is specially designed for nationwide distribution over public
television stations’ digital broadcasting channels and the
Internet;
‘‘(D) to contract with entities (such as public tele-
communications entities) so that programs developed under
this section are disseminated and distributed to the widest
possible audience appropriate to be served by the program-
ming, and through the use of the most appropriate distribu-
tion technologies; and
‘‘(E) to develop and disseminate education and training
materials, including interactive programs and programs
H. R. 1—260
adaptable to distance learning technologies, that are
designed—
‘‘(i) to promote school readiness; and
‘‘(ii) to promote the effective use of materials devel-
oped under subparagraphs (B) and (C) among parents,
teachers, Head Start providers, Even Start providers,
providers of family literacy services, child care pro-
viders, 
early 
childhood 
development 
personnel,
elementary school teachers, public libraries, and after-
school program personnel caring for preschool and
elementary school children.
‘‘(2) AVAILABILITY.—In awarding grants, contracts, or
cooperative agreements under this section, the Secretary shall
ensure that eligible entities make programming widely avail-
able, with support materials as appropriate, to young children,
parents, child care workers, Head Start providers, Even Start
providers, and providers of family literacy services to increase
the effective use of such programming.
‘‘(3) ELIGIBLE ENTITIES.—To be eligible to receive a grant,
contract, or cooperative agreements under this section, an entity
shall be a public telecommunications entity that is able to
demonstrate each of the following:
‘‘(A) A capacity for the development and national dis-
tribution of educational and instructional television
programming of high quality that is accessible by a large
majority of disadvantaged preschool and elementary school
children.
‘‘(B) A capacity to contract with the producers of chil-
dren’s television programming for the purpose of developing
educational television programming of high quality.
‘‘(C) A capacity, consistent with the entity’s mission
and nonprofit nature, to negotiate such contracts in a
manner that returns to the entity an appropriate share
of any ancillary income from sales of any program-related
products.
‘‘(D) A capacity to localize programming and materials
to meet specific State and local needs and to provide edu-
cational outreach at the local level.
‘‘(4) COORDINATION OF ACTIVITIES.—An entity receiving a
grant, contract, or cooperative agreement under this section
shall consult with the Secretary and the Secretary of Health
and Human Services—
‘‘(A) to maximize the utilization of quality educational
programming by preschool and elementary school children,
and make such programming widely available to federally
funded programs serving such populations; and
‘‘(B) to coordinate activities with Federal programs that
have major training components for early childhood
development, including programs under the Head Start
Act (42 U.S.C. 9831 et seq.) and Even Start, and State
training activities funded under the Child Care and
Development Block Grant Act of 1990 (42 U.S.C. 9858
et seq.), regarding the availability and utilization of mate-
rials developed under paragraph (1)(E) to enhance parent
and child care provider skills in early childhood develop-
ment and education.
H. R. 1—261
‘‘(b) APPLICATIONS.—To be eligible to receive a grant, contract,
or cooperative agreement under subsection (a), an entity shall
submit to the Secretary an application at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
‘‘(c) REPORTS AND EVALUATIONS.—
‘‘(1) ANNUAL
REPORT
TO
THE
SECRETARY.—An entity
receiving a grant, contract, or cooperative agreement under
this section shall prepare and submit to the Secretary an
annual report that contains such information as the Secretary
may require. At a minimum, the report shall describe the
program activities undertaken with funds received under the
grant, contract, or cooperative agreement, including each of
the following:
‘‘(A) The programming that has been developed,
directly or indirectly, by the eligible entity, and the target
population of the programs developed.
‘‘(B) The support and training materials that have
been developed to accompany the programming, and the
method by which the materials are distributed to con-
sumers and users of the programming.
‘‘(C) The means by which programming developed
under this section has been distributed, including the dis-
tance learning technologies that have been utilized to make
programming available, and the geographic distribution
achieved through such technologies.
‘‘(D) The initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support
for the development, distribution, and broadcast of edu-
cational and instructional programming.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall prepare
and submit to the relevant committees of Congress a biannual
report that includes the following:
‘‘(A) A summary of the activities assisted under sub-
section (a).
‘‘(B) A description of the education and training mate-
rials made available under subsection (a)(1)(E), the manner
in which outreach has been conducted to inform parents
and child care providers of the availability of such mate-
rials, and the manner in which such materials have been
distributed in accordance with such subsection.
‘‘(d) ADMINISTRATIVE COSTS.—An entity that receives a grant,
contract, or cooperative agreement under this section may use up
to 5 percent of the amount received under the grant, contract,
or agreement for the normal and customary expenses of admin-
istering the grant, contract, or agreement.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to carry out this section such sums as may be necessary for
fiscal year 2002, and for each of the 5 succeeding fiscal years.
‘‘(2) FUNDING
RULE.—Not less than 60 percent of the
amount appropriated under paragraph (1) for each fiscal year
shall be used to carry out activities under subparagraphs (B)
through (D) of subsection (a)(1).
H. R. 1—262
‘‘Subpart 4—Limitation on Availability of Certain
Funds for Schools
‘‘SEC. 2441. INTERNET SAFETY.
‘‘(a) IN GENERAL.—No funds made available under this part
to a local educational agency for an elementary school or secondary
school that does not receive services at discount rates under section
254(h)(5) of the Communications Act of 1934 (47 U.S.C. 254(h)(5))
may be used to purchase computers used to access the Internet,
or to pay for direct costs associated with accessing the Internet,
for such school unless the school, school board, local educational
agency, or other authority with responsibility for administration
of such school both—
‘‘(1)(A) has in place a policy of Internet safety for minors
that includes the operation of a technology protection measure
with respect to any of its computers with Internet access that
protects against access through such computers to visual depic-
tions that are—
‘‘(i) obscene;
‘‘(ii) child pornography; or
‘‘(iii) harmful to minors; and
‘‘(B) is enforcing the operation of such technology protection
measure during any use of such computers by minors; and
‘‘(2)(A) has in place a policy of Internet safety that includes
the operation of a technology protection measure with respect
to any of its computers with Internet access that protects
against access through such computers to visual depictions
that are—
‘‘(i) obscene; or
‘‘(ii) child pornography; and
‘‘(B) is enforcing the operation of such technology protection
measure during any use of such computers.
‘‘(b) TIMING AND APPLICABILITY OF IMPLEMENTATION.—
‘‘(1) IN
GENERAL.—The local educational agency with
responsibility for a school covered by subsection (a) shall certify
the compliance of such school with the requirements of sub-
section (a) as part of the application process for the next pro-
gram funding year under this Act following December 21, 2000,
and for each subsequent program funding year thereafter.
‘‘(2) PROCESS.—
‘‘(A) SCHOOLS
WITH
INTERNET
SAFETY
POLICIES
AND
TECHNOLOGY
PROTECTION
MEASURES
IN
PLACE.—A local
educational agency with responsibility for a school covered
by subsection (a) that has in place an Internet safety policy
meeting the requirements of subsection (a) shall certify
its compliance with subsection (a) during each annual pro-
gram application cycle under this Act.
‘‘(B) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND
TECHNOLOGY PROTECTION MEASURES IN PLACE.—
‘‘(i) CERTIFICATION.—A local educational agency
with responsibility for a school covered by subsection
(a) that does not have in place an Internet safety
policy meeting the requirements of subsection (a)—
‘‘(I) for the first program year after December
21, 2000, in which the local educational agency
is applying for funds for such school under this
H. R. 1—263
Act, shall certify that it is undertaking such
actions, including any necessary procurement
procedures, to put in place an Internet safety policy
that meets such requirements; and
‘‘(II) for the second program year after
December 21, 2000, in which the local educational
agency is applying for funds for such school under
this Act, shall certify that such school is in compli-
ance with such requirements.
‘‘(ii) INELIGIBILITY.—Any school covered by sub-
section (a) for which the local educational agency con-
cerned is unable to certify compliance with such
requirements in such second program year shall be
ineligible for all funding under this part for such second
program year and all subsequent program years until
such time as such school comes into compliance with
such requirements.
‘‘(C) WAIVERS.—Any school subject to a certification
under subparagraph (B)(i)(II) for which the local edu-
cational agency concerned cannot make the certification
otherwise required by that subparagraph may seek a
waiver of that subparagraph if State or local procurement
rules or regulations or competitive bidding requirements
prevent the making of the certification otherwise required
by that subparagraph. The local educational agency con-
cerned shall notify the Secretary of the applicability of
that subparagraph to the school. Such notice shall certify
that the school will be brought into compliance with the
requirements in subsection (a) before the start of the third
program year after December 21, 2000, in which the school
is applying for funds under this part.
‘‘(c) DISABLING DURING CERTAIN USE.—An administrator, super-
visor, or person authorized by the responsible authority under sub-
section (a) may disable the technology protection measure concerned
to enable access for bona fide research or other lawful purposes.
‘‘(d) NONCOMPLIANCE.—
‘‘(1) USE
OF
GENERAL
EDUCATION
PROVISIONS
ACT
REM-
EDIES.—Whenever the Secretary has reason to believe that
any recipient of funds under this part is failing to comply
substantially with the requirements of this section, the Sec-
retary may—
‘‘(A) withhold further payments to the recipient under
this part;
‘‘(B) issue a complaint to compel compliance of the
recipient through a cease and desist order; or
‘‘(C) enter into a compliance agreement with a recipient
to bring it into compliance with such requirements,
in same manner as the Secretary is authorized to take such
actions under sections 455, 456, and 457, respectively, of the
General Education Provisions Act.
‘‘(2) RECOVERY OF FUNDS PROHIBITED.—The actions author-
ized by paragraph (1) are the exclusive remedies available
with respect to the failure of a school to comply substantially
with a provision of this section, and the Secretary shall not
seek a recovery of funds from the recipient for such failure.
‘‘(3) RECOMMENCEMENT OF PAYMENTS.—Whenever the Sec-
retary determines (whether by certification or other appropriate
H. R. 1—264
evidence) that a recipient of funds who is subject to the with-
holding of payments under paragraph (1)(A) has cured the
failure providing the basis for the withholding of payments,
the Secretary shall cease the withholding of payments to the
recipient under that paragraph.
‘‘(e) DEFINITIONS.—In this subpart:
‘‘(1) COMPUTER.—The term ‘computer’ includes any hard-
ware, software, or other technology attached or connected to,
installed in, or otherwise used in connection with a computer.
‘‘(2) ACCESS TO INTERNET.—A computer shall be considered
to have access to the Internet if such computer is equipped
with a modem or is connected to a computer network that
has access to the Internet.
‘‘(3) ACQUISITION OR OPERATION.—An elementary school or
secondary school shall be considered to have received funds
under this part for the acquisition or operation of any computer
if such funds are used in any manner, directly or indirectly—
‘‘(A) to purchase, lease, or otherwise acquire or obtain
the use of such computer; or
‘‘(B) to obtain services, supplies, software, or other
actions or materials to support, or in connection with,
the operation of such computer.
‘‘(4) MINOR.—The term ‘minor’ means an individual who
has not attained the age of 17.
‘‘(5) CHILD PORNOGRAPHY.—The term ‘child pornography’
has the meaning given that term in section 2256 of title 18,
United States Code.
‘‘(6) HARMFUL TO MINORS.—The term ‘harmful to minors’
means any picture, image, graphic image file, or other visual
depiction that—
‘‘(A) taken as a whole and with respect to minors,
appeals to a prurient interest in nudity, sex, or excretion;
‘‘(B) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors,
an actual or simulated sexual act or sexual contact, actual
or simulated normal or perverted sexual acts, or a lewd
exhibition of the genitals; and
‘‘(C) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors.
‘‘(7) OBSCENE.—The term ‘obscene’ has the meaning
applicable to that term under section 1460 of title 18, United
States Code.
‘‘(8) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘sexual
act’ and ‘sexual contact’ have the meanings given those terms
in section 2246 of title 18, United States Code.
‘‘(f) SEVERABILITY.—If any provision of this section is held
invalid, the remainder of this section shall not be affected thereby.’’.
SEC. 202. CONTINUATION OF AWARDS.
Notwithstanding any other provision of this Act or the
Elementary and Secondary Education Act of 1965, in the case
of—
(1) a person or entity that, prior to the date of enactment
of this Act, was awarded funds appropriated under the Depart-
ment of Education Appropriations Act, 2001 for new teacher
recruitment initiatives; or
H. R. 1—265
(2) a person or agency that, prior to the date of enactment
of this Act, was awarded a grant or contract under part K
of title X of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8331 et seq.),
the Secretary of Education shall continue to provide funds in accord-
ance with the terms of such award until the date on which the
award period terminates.
TITLE 
III—LANGUAGE 
INSTRUCTION
FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
SEC. 301. LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PRO-
FICIENT CHILDREN AND IMMIGRANT CHILDREN AND
YOUTH.
Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:
‘‘TITLE 
III—LANGUAGE 
INSTRUCTION
FOR LIMITED ENGLISH PROFICIENT
AND IMMIGRANT STUDENTS
‘‘SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON
EFFECTIVENESS OF PARTS.
‘‘(a) AUTHORIZATIONS OF APPROPRIATIONS.—
‘‘(1) IN
GENERAL.—Subject to subsection (b), there are
authorized to be appropriated to carry out this title, except
for subpart 4 of part B, $750,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 5 succeeding
fiscal years.
‘‘(2) EMERGENCY IMMIGRANT EDUCATION PROGRAM.—There
are authorized to be appropriated to carry out subpart 4 of
part B (when such part is in effect) such sums as may be
necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.
‘‘(b) CONDITIONS ON EFFECTIVENESS OF PARTS A AND B.—
‘‘(1) PART A.—Part A shall be in effect for any fiscal year
for which the amount appropriated under paragraphs (1) and
(2) of subsection (a) equals or exceeds $650,000,000.
‘‘(2) PART B.—Part B shall be in effect only for a fiscal
year for which part A is not in effect.
‘‘(c) REFERENCES.—In any fiscal year for which part A is in
effect, references in Federal law (other than this title) to part
B shall be considered to be references to part A. In any fiscal
year for which part B is in effect, references in Federal law (other
than this title) to part A shall be considered to be references
to part B.
H. R. 1—266
‘‘PART A—ENGLISH LANGUAGE ACQUISITION,
LANGUAGE ENHANCEMENT, AND ACADEMIC
ACHIEVEMENT ACT
‘‘SEC. 3101. SHORT TITLE.
‘‘This part may be cited as the ‘English Language Acquisition,
Language Enhancement, and Academic Achievement Act’.
‘‘SEC. 3102. PURPOSES.
‘‘The purposes of this part are—
‘‘(1) to help ensure that children who are limited English
proficient, including immigrant children and youth, attain
English proficiency, develop high levels of academic attainment
in English, and meet the same challenging State academic
content and student academic achievement standards as all
children are expected to meet;
‘‘(2) to assist all limited English proficient children,
including immigrant children and youth, to achieve at high
levels in the core academic subjects so that those children
can meet the same challenging State academic content and
student academic achievement standards as all children are
expected to meet, consistent with section 1111(b)(1);
‘‘(3) to develop high-quality language instruction edu-
cational programs designed to assist State educational agencies,
local educational agencies, and schools in teaching limited
English proficient children and serving immigrant children and
youth;
‘‘(4) to assist State educational agencies and local edu-
cational agencies to develop and enhance their capacity to
provide high-quality instructional programs designed to prepare
limited English proficient children, including immigrant chil-
dren and youth, to enter all-English instruction settings;
‘‘(5) to assist State educational agencies, local educational
agencies, and schools to build their capacity to establish, imple-
ment, and sustain language instruction educational programs
and programs of English language development for limited
English proficient children;
‘‘(6) to promote parental and community participation in
language instruction educational programs for the parents and
communities of limited English proficient children;
‘‘(7) to streamline language instruction educational pro-
grams into a program carried out through formula grants to
State educational agencies and local educational agencies to
help limited English proficient children, including immigrant
children and youth, develop proficiency in English, while
meeting challenging State academic content and student aca-
demic achievement standards;
‘‘(8) to hold State educational agencies, local educational
agencies, and schools accountable for increases in English pro-
ficiency and core academic content knowledge of limited English
proficient children by requiring—
‘‘(A) demonstrated improvements in the English pro-
ficiency of limited English proficient children each fiscal
year; and
H. R. 1—267
‘‘(B) adequate yearly progress for limited English pro-
ficient children, including immigrant children and youth,
as described in section 1111(b)(2)(B); and
‘‘(9) to provide State educational agencies and local edu-
cational agencies with the flexibility to implement language
instruction educational programs, based on scientifically based
research on teaching limited English proficient children, that
the agencies believe to be the most effective for teaching
English.
‘‘Subpart 1—Grants and Subgrants for English
Language Acquisition and Language Enhance-
ment
‘‘SEC. 3111. FORMULA GRANTS TO STATES.
‘‘(a) IN GENERAL.—In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under
section 3113, the Secretary shall make a grant for the year to
the agency for the purposes specified in subsection (b). The grant
shall consist of the allotment determined for the State educational
agency under subsection (c).
‘‘(b) USE OF FUNDS.—
‘‘(1) SUBGRANTS TO ELIGIBLE ENTITIES.—The Secretary may
make a grant under subsection (a) only if the State educational
agency involved agrees to expend at least 95 percent of the
State educational agency’s allotment under subsection (c) for
a fiscal year—
‘‘(A) to award subgrants, from allocations under section
3114, to eligible entities to carry out the activities described
in section 3115 (other than subsection (e)); and
‘‘(B) to award subgrants under section 3114(d)(1) to
eligible entities that are described in that section to carry
out the activities described in section 3115(e).
‘‘(2) STATE ACTIVITIES.—Subject to paragraph (3), each State
educational agency receiving a grant under subsection (a) may
reserve not more than 5 percent of the agency’s allotment
under subsection (c) to carry out one or more of the following
activities:
‘‘(A) Professional development activities, and other
activities, that assist personnel in meeting State and local
certification and licensing requirements for teaching lim-
ited English proficient children.
‘‘(B) Planning, evaluation, administration, and inter-
agency coordination related to the subgrants referred to
in paragraph (1).
‘‘(C) Providing technical assistance and other forms
of assistance to eligible entities that are receiving subgrants
from a State educational agency under this subpart,
including assistance in—
‘‘(i) 
identifying 
and 
implementing 
language
instruction educational programs and curricula that
are based on scientifically based research on teaching
limited English proficient children;
‘‘(ii) helping limited English proficient children
meet the same challenging State academic content and
H. R. 1—268
student academic achievement standards as all chil-
dren are expected to meet;
‘‘(iii) identifying or developing, and implementing,
measures of English proficiency; and
‘‘(iv) promoting parental and community participa-
tion in programs that serve limited English proficient
children.
‘‘(D) Providing recognition, which may include pro-
viding financial awards, to subgrantees that have exceeded
their annual measurable achievement objectives pursuant
to section 3122.
‘‘(3) 
ADMINISTRATIVE
EXPENSES.—From 
the 
amount
reserved under paragraph (2), a State educational agency may
use not more than 60 percent of such amount or $175,000,
whichever is greater, for the planning and administrative costs
of carrying out paragraphs (1) and (2).
‘‘(c) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appropriated under
section 3001(a) for each fiscal year, the Secretary shall
reserve—
‘‘(A) 0.5 percent or $5,000,000 of such amount, which-
ever is greater, for payments to eligible entities that are
defined under section 3112(a) for activities, approved by
the Secretary, consistent with this subpart;
‘‘(B) 0.5 percent of such amount for payments to out-
lying areas, to be allotted in accordance with their respec-
tive needs for assistance under this subpart, as determined
by the Secretary, for activities, approved by the Secretary,
consistent with this subpart;
‘‘(C) 6.5 percent of such amount for national activities
under sections 3131 and 3303, except that not more than
0.5 percent of such amount shall be reserved for evaluation
activities conducted by the Secretary and not more than
$2,000,000 of such amount may be reserved for the
National Clearinghouse for English Language Acquisition
and Language Instruction Educational Programs described
in section 3303; and
‘‘(D) such sums as may be necessary to make continu-
ation awards under paragraph (2).
‘‘(2) CONTINUATION AWARDS.—
‘‘(A) IN GENERAL.—Before making allotments to State
educational agencies under paragraph (3) for any fiscal
year, the Secretary shall use the sums reserved under
paragraph (1)(D) to make continuation awards to recipients
who received grants or fellowships for the fiscal year pre-
ceding any fiscal year described in section 3001(b)(1)(A)
under—
‘‘(i) subparts 1 and 3 of part A of title VII (as
in effect on the day before the date of enactment of
the No Child Left Behind Act of 2001); or
‘‘(ii) subparts 1 and 3 of part B of this title.
‘‘(B) USE OF FUNDS.—The Secretary shall make the
awards in order to allow such recipients to receive awards
for the complete period of their grants or fellowships under
the appropriate subparts.
‘‘(3) STATE ALLOTMENTS.—
H. R. 1—269
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), from the amount appropriated under section 3001(a)
for each fiscal year that remains after making the reserva-
tions under paragraph (1), the Secretary shall allot to
each State educational agency having a plan approved
under section 3113(c)—
‘‘(i) an amount that bears the same relationship
to 80 percent of the remainder as the number of limited
English proficient children in the State bears to the
number of such children in all States; and
‘‘(ii) an amount that bears the same relationship
to 20 percent of the remainder as the number of
immigrant children and youth in the State bears to
the number of such children and youth in all States.
‘‘(B) MINIMUM
ALLOTMENTS.—No State educational
agency shall receive an allotment under this paragraph
that is less than $500,000.
‘‘(C) REALLOTMENT.—If any State educational agency
described in subparagraph (A) does not submit a plan
to the Secretary for a fiscal year, or submits a plan (or
any amendment to a plan) that the Secretary, after reason-
able notice and opportunity for a hearing, determines does
not satisfy the requirements of this subpart, the
Secretary—
‘‘(i) shall endeavor to make the State’s allotment
available on a competitive basis to specially qualified
agencies within the State to satisfy the requirements
of section 3115 (and any additional requirements that
the Secretary may impose), consistent with the pur-
poses of such section, and to carry out required and
authorized activities under such section; and
‘‘(ii) shall reallot any portion of such allotment
remaining after the application of clause (i) to the
remaining State educational agencies in accordance
with subparagraph (A).
‘‘(D) SPECIAL
RULE
FOR
PUERTO
RICO.—The total
amount allotted to Puerto Rico for any fiscal year under
subparagraph (A) shall not exceed 0.5 percent of the total
amount allotted to all States for that fiscal year.
‘‘(4) USE OF DATA FOR DETERMINATIONS.—
‘‘(A) IN GENERAL.—In making State allotments under
paragraph (3), for the purpose of determining the number
of limited English proficient children in a State and in
all States, and the number of immigrant children and
youth in a State and in all States, for each fiscal year,
the Secretary shall use data that will yield the most
accurate, up-to-date numbers of such children and youth.
‘‘(B) SPECIAL RULE.—
‘‘(i) FIRST
YEARS.—In making determinations
under subparagraph (A) for the 2 fiscal years following
the date of enactment of the No Child Left Behind
Act of 2001, the Secretary shall determine the number
of limited English proficient children in a State and
in all States, and the number of immigrant children
and youth in a State and in all States, using data
available from the Bureau of Census or submitted by
the States to the Secretary.
H. R. 1—270
‘‘(ii) SUBSEQUENT
YEARS.—For subsequent fiscal
years, the Secretary shall determine the number of
limited English proficient children in a State and in
all States, and the number of immigrant children and
youth in a State and in all States, using the more
accurate of—
‘‘(I) the data available from the American
Community Survey available from the Department
of Commerce; or
‘‘(II) the number of children being assessed
for English proficiency in a State as required under
section 1111(b)(7).
‘‘SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN
SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out pro-
grams under this part for individuals served by elementary schools,
secondary schools, and postsecondary schools operated predomi-
nately for Native American children (including Alaska Native chil-
dren), the following shall be considered to be an eligible entity:
‘‘(1) An Indian tribe.
‘‘(2) A tribally sanctioned educational authority.
‘‘(3) A Native Hawaiian or Native American Pacific Islander
native language educational organization.
‘‘(4) An elementary school or secondary school that is oper-
ated or funded by the Bureau of Indian Affairs, or a consortium
of such schools.
‘‘(5) An elementary school or secondary school operated
under a contract with or grant from the Bureau of Indian
Affairs, in consortium with another such school or a tribal
or community organization.
‘‘(6) An elementary school or secondary school operated
by the Bureau of Indian Affairs and an institution of higher
education, in consortium with an elementary school or sec-
ondary school operated under a contract with or grant from
the Bureau of Indian Affairs or a tribal or community organiza-
tion.
‘‘(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE.—Notwith-
standing any other provision of this part, an entity that is consid-
ered to be an eligible entity under subsection (a), and that desires
to receive Federal financial assistance under this subpart, shall
submit an application to the Secretary.
‘‘(c) SPECIAL RULE.—An eligible entity described in subsection
(a) that receives Federal financial assistance pursuant to this sec-
tion shall not be eligible to receive a subgrant under section 3114.
‘‘SEC. 3113. STATE AND SPECIALLY QUALIFIED AGENCY PLANS.
‘‘(a) PLAN REQUIRED.—Each State educational agency and spe-
cially qualified agency desiring a grant under this subpart shall
submit a plan to the Secretary at such time, in such manner,
and containing such information as the Secretary may require.
‘‘(b) CONTENTS.—Each plan submitted under subsection (a)
shall—
‘‘(1) describe the process that the agency will use in making
subgrants to eligible entities under section 3114(d)(1);
‘‘(2) describe how the agency will establish standards and
objectives for raising the level of English proficiency that are
derived from the four recognized domains of speaking, listening,
H. R. 1—271
reading, and writing, and that are aligned with achievement
of the challenging State academic content and student academic
achievement standards described in section 1111(b)(1);
‘‘(3) contain an assurance that—
‘‘(A) in the case of a State educational agency, the
agency consulted with local educational agencies, edu-
cation-related community groups and nonprofit organiza-
tions, 
parents, 
teachers, 
school 
administrators, 
and
researchers, in developing the annual measurable achieve-
ment objectives described in section 3122;
‘‘(B) in the case of a specially qualified agency, the
agency consulted with education-related community groups
and 
nonprofit 
organizations, 
parents, 
teachers, 
and
researchers, in developing the annual measurable achieve-
ment objectives described in section 3122;
‘‘(C) the agency will ensure that eligible entities
receiving a subgrant under this subpart comply with the
requirement in section 1111(b)(7) to annually assess in
English children who have been in the United States for
3 or more consecutive years;
‘‘(D) the agency will ensure that eligible entities
receiving a subgrant under this subpart annually assess
the English proficiency of all limited English proficient
children participating in a program funded under this sub-
part, consistent with section 1111(b)(7);
‘‘(E) in awarding subgrants under section 3114, the
agency will address the needs of school systems of all
sizes and in all geographic areas, including school systems
with rural and urban schools;
‘‘(F) subgrants to eligible entities under section
3114(d)(1) will be of sufficient size and scope to allow
such entities to carry out high-quality language instruction
educational programs for limited English proficient chil-
dren; and
‘‘(G) the agency will require an eligible entity receiving
a subgrant under this subpart to use the subgrant in
ways that will build such recipient’s capacity to continue
to offer high-quality language instruction educational pro-
grams that assist limited English proficient children in
meeting challenging State academic content and student
academic achievement standards once assistance under this
subpart is no longer available;
‘‘(4) describe how the agency will coordinate its programs
and activities under this subpart with its other programs and
activities under this Act and other Acts, as appropriate;
‘‘(5) describe how the agency will hold local educational
agencies, eligible entities, elementary schools, and secondary
schools accountable for—
‘‘(A) meeting all annual measurable achievement objec-
tives described in section 3122;
‘‘(B) making adequate yearly progress for limited
English proficient children, as described in section
1111(b)(2)(B); and
‘‘(C) achieving the purposes of this part; and
‘‘(6) describe how eligible entities in the State will be given
the flexibility to teach limited English proficient children—
H. R. 1—272
‘‘(A) using a language instruction curriculum that is
tied to scientifically based research on teaching limited
English proficient children and that has been demonstrated
to be effective; and
‘‘(B) in the manner the eligible entities determine to
be the most effective.
‘‘(c) APPROVAL.—The Secretary, after using a peer review
process, shall approve a plan submitted under subsection (a) if
the plan meets the requirements of this section.
‘‘(d) DURATION OF PLAN.—
‘‘(1) IN GENERAL.—Each plan submitted by a State edu-
cational agency or specially qualified agency and approved
under subsection (c) shall—
‘‘(A) remain in effect for the duration of the agency’s
participation under this part; and
‘‘(B) be periodically reviewed and revised by the agency,
as necessary, to reflect changes to the agency’s strategies
and programs carried out under this part.
‘‘(2) ADDITIONAL INFORMATION.—
‘‘(A) AMENDMENTS.—If the State educational agency
or specially qualified agency amends the plan, the agency
shall submit such amendment to the Secretary.
‘‘(B) APPROVAL.—The Secretary shall approve such
amendment to an approved plan, unless the Secretary
determines that the amendment will result in the agency
not meeting the requirements, or fulfilling the purposes,
of this part.
‘‘(e) CONSOLIDATED PLAN.—A plan submitted under subsection
(a) may be submitted as part of a consolidated plan under section
9302.
‘‘(f) SECRETARY ASSISTANCE.—The Secretary shall provide tech-
nical assistance, if requested, in the development of English pro-
ficiency standards, objectives, and assessments.
‘‘SEC. 3114. WITHIN-STATE ALLOCATIONS.
‘‘(a) IN GENERAL.—After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 3111(c)(3) shall award subgrants for a fiscal year
by allocating to each eligible entity in the State having a plan
approved under section 3116 an amount that bears the same rela-
tionship to the amount received under the grant and remaining
after making such reservation as the population of limited English
proficient children in schools served by the eligible entity bears
to the population of limited English proficient children in schools
served by all eligible entities in the State.
‘‘(b) LIMITATION.—A State educational agency shall not award
a subgrant from an allocation made under subsection (a) if the
amount of such subgrant would be less than $10,000.
‘‘(c) REALLOCATION.—Whenever a State educational agency
determines that an amount from an allocation made to an eligible
entity under subsection (a) for a fiscal year will not be used by
the entity for the purpose for which the allocation was made,
the agency shall, in accordance with such rules as it determines
to be appropriate, reallocate such amount, consistent with such
subsection, to other eligible entities in the State that the agency
determines will use the amount to carry out that purpose.
H. R. 1—273
‘‘(d) REQUIRED
RESERVATION.—A State educational agency
receiving a grant under this subpart for a fiscal year—
‘‘(1) shall reserve not more than 15 percent of the agency’s
allotment under section 3111(c)(3) to award subgrants to
eligible entities in the State that have experienced a significant
increase, as compared to the average of the 2 preceding fiscal
years, in the percentage or number of immigrant children and
youth, who have enrolled, during the fiscal year preceding
the fiscal year for which the subgrant is made, in public and
nonpublic elementary schools and secondary schools in the
geographic areas under the jurisdiction of, or served by, such
entities; and
‘‘(2) in awarding subgrants under paragraph (1)—
‘‘(A) shall equally consider eligible entities that satisfy
the requirement of such paragraph but have limited or
no experience in serving immigrant children and youth;
and
‘‘(B) shall consider the quality of each local plan under
section 3116 and ensure that each subgrant is of sufficient
size and scope to meet the purposes of this part.
‘‘SEC. 3115. SUBGRANTS TO ELIGIBLE ENTITIES.
‘‘(a) PURPOSES OF SUBGRANTS.—A State educational agency may
make a subgrant to an eligible entity from funds received by the
agency under this subpart only if the entity agrees to expend
the funds to improve the education of limited English proficient
children, by assisting the children to learn English and meet chal-
lenging State academic content and student academic achievement
standards. In carrying out activities with such funds, the entity
shall use approaches and methodologies based on scientifically
based research on teaching limited English proficient children and
immigrant children and youth for the following purposes:
‘‘(1) Developing and implementing new language instruc-
tion educational programs and academic content instruction
programs for such children, and such children and youth,
including programs of early childhood education, elementary
school programs, and secondary school programs.
‘‘(2) Carrying out highly focused, innovative, locally
designed activities to expand or enhance existing language
instruction educational programs and academic content instruc-
tion programs for such children, and such children and youth.
‘‘(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all rel-
evant programs, activities, and operations relating to language
instruction educational programs and academic content instruc-
tion for such children, and such children and youth.
‘‘(4) Implementing, within the entire jurisdiction of a local
educational agency, agencywide programs for restructuring,
reforming, and upgrading all relevant programs, activities, and
operations relating to language instruction educational pro-
grams and academic content instruction for such children, and
such children and youth.
‘‘(b) ADMINISTRATIVE EXPENSES.—Each eligible entity receiving
funds under section 3114(a) for a fiscal year may use not more
than 2 percent of such funds for the cost of administering this
subpart.
H. R. 1—274
‘‘(c) REQUIRED SUBGRANTEE ACTIVITIES.—An eligible entity
receiving funds under section 3114(a) shall use the funds—
‘‘(1) to increase the English proficiency of limited English
proficient children by providing high-quality language instruc-
tion educational programs that are based on scientifically based
research demonstrating the effectiveness of the programs in
increasing—
‘‘(A) English proficiency; and
‘‘(B) student academic achievement in the core aca-
demic subjects; and
‘‘(2) to provide high-quality professional development to
classroom teachers (including teachers in classroom settings
that are not the settings of language instruction educational
programs), principals, administrators, and other school or
community-based organizational personnel, that is—
‘‘(A) designed to improve the instruction and assess-
ment of limited English proficient children;
‘‘(B) designed to enhance the ability of such teachers
to understand and use curricula, assessment measures,
and instruction strategies for limited English proficient
children;
‘‘(C) based on scientifically based research dem-
onstrating the effectiveness of the professional development
in increasing children’s English proficiency or substantially
increasing the subject matter knowledge, teaching knowl-
edge, and teaching skills of such teachers; and
‘‘(D) of sufficient intensity and duration (which shall
not include activities such as one-day or short-term work-
shops and conferences) to have a positive and lasting
impact on the teachers’ performance in the classroom,
except that this subparagraph shall not apply to an activity
that is one component of a long-term, comprehensive profes-
sional development plan established by a teacher and the
teacher’s supervisor based on an assessment of the needs
of the teacher, the supervisor, the students of the teacher,
and any local educational agency employing the teacher.
‘‘(d) AUTHORIZED SUBGRANTEE ACTIVITIES.—Subject to sub-
section (c), an eligible entity receiving funds under section 3114(a)
may use the funds to achieve one of the purposes described in
subsection (a) by undertaking one or more of the following activities:
‘‘(1) Upgrading program objectives and effective instruction
strategies.
‘‘(2) Improving the instruction program for limited English
proficient children by identifying, acquiring, and upgrading cur-
ricula, instruction materials, educational software, and assess-
ment procedures.
‘‘(3) Providing—
‘‘(A) tutorials and academic or vocational education
for limited English proficient children; and
‘‘(B) intensified instruction.
‘‘(4) Developing and implementing elementary school or
secondary school language instruction educational programs
that are coordinated with other relevant programs and services.
‘‘(5) Improving the English proficiency and academic
achievement of limited English proficient children.
H. R. 1—275
‘‘(6) Providing community participation programs, family
literacy services, and parent outreach and training activities
to limited English proficient children and their families—
‘‘(A) to improve the English language skills of limited
English proficient children; and
‘‘(B) to assist parents in helping their children to
improve their academic achievement and becoming active
participants in the education of their children.
‘‘(7) Improving the instruction of limited English proficient
children by providing for—
‘‘(A) the acquisition or development of educational tech-
nology or instructional materials;
‘‘(B) access to, and participation in, electronic networks
for materials, training, and communication; and
‘‘(C) incorporation of the resources described in sub-
paragraphs (A) and (B) into curricula and programs, such
as those funded under this subpart.
‘‘(8) Carrying out other activities that are consistent with
the purposes of this section.
‘‘(e) ACTIVITIES
BY
AGENCIES
EXPERIENCING
SUBSTANTIAL
INCREASES IN IMMIGRANT CHILDREN AND YOUTH.—
‘‘(1) IN GENERAL.—An eligible entity receiving funds under
section 3114(d)(1) shall use the funds to pay for activities
that 
provide 
enhanced 
instructional 
opportunities 
for
immigrant children and youth, which may include—
‘‘(A) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
‘‘(B) support for personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
‘‘(C) provision of tutorials, mentoring, and academic
or career counseling for immigrant children and youth;
‘‘(D) identification and acquisition of curricular mate-
rials, educational software, and technologies to be used
in the program carried out with funds;
‘‘(E) basic instruction services that are directly attrib-
utable to the presence in the school district involved of
immigrant children and youth, including the payment of
costs of providing additional classroom supplies, costs of
transportation, or such other costs as are directly attrib-
utable to such additional basic instruction services;
‘‘(F) other instruction services that are designed to
assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the educational
system and civics education; and
‘‘(G) activities, coordinated with community-based
organizations, institutions of higher education, private
sector entities, or other entities with expertise in working
with immigrants, to assist parents of immigrant children
and youth by offering comprehensive community services.
‘‘(2) DURATION OF SUBGRANTS.—The duration of a subgrant
made by a State educational agency under section 3114(d)(1)
shall be determined by the agency in its discretion.
‘‘(f) SELECTION OF METHOD OF INSTRUCTION.—
H. R. 1—276
‘‘(1) IN GENERAL.—To receive a subgrant from a State edu-
cational agency under this subpart, an eligible entity shall
select one or more methods or forms of instruction to be used
in the programs and activities undertaken by the entity to
assist limited English proficient children to attain English pro-
ficiency and meet challenging State academic content and stu-
dent academic achievement standards.
‘‘(2) CONSISTENCY.—Such selection shall be consistent with
sections 3125 through 3127.
‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Federal funds made avail-
able under this subpart shall be used so as to supplement the
level of Federal, State, and local public funds that, in the absence
of such availability, would have been expended for programs for
limited English proficient children and immigrant children and
youth and in no case to supplant such Federal, State, and local
public funds.
‘‘SEC. 3116. LOCAL PLANS.
‘‘(a) PLAN REQUIRED.—Each eligible entity desiring a subgrant
from the State educational agency under section 3114 shall submit
a plan to the State educational agency at such time, in such manner,
and containing such information as the State educational agency
may require.
‘‘(b) CONTENTS.—Each plan submitted under subsection (a)
shall—
‘‘(1) describe the programs and activities proposed to be
developed, implemented, and administered under the subgrant;
‘‘(2) describe how the eligible entity will use the subgrant
funds to meet all annual measurable achievement objectives
described in section 3122;
‘‘(3) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this sub-
part accountable for—
‘‘(A) meeting the annual measurable achievement
objectives described in section 3122;
‘‘(B) making adequate yearly progress for limited
English proficient children, as described in section
1111(b)(2)(B); and
‘‘(C) annually measuring the English proficiency of lim-
ited English proficient children, so that such children
served by the programs carried out under this part develop
proficiency in English while meeting State academic con-
tent and student academic achievement standards as
required by section 1111(b)(1);
‘‘(4) describe how the eligible entity will promote parental
and community participation in programs for limited English
proficient children;
‘‘(5) contain an assurance that the eligible entity consulted
with teachers, researchers, school administrators, and parents,
and, if appropriate, with education-related community groups
and nonprofit organizations, and institutions of higher edu-
cation, in developing such plan; and
‘‘(6) describe how language instruction educational pro-
grams carried out under the subgrant will ensure that limited
English proficient children being served by the programs
develop English proficiency.
H. R. 1—277
‘‘(c) TEACHER ENGLISH FLUENCY.—Each eligible entity receiving
a subgrant under section 3114 shall include in its plan a certifi-
cation that all teachers in any language instruction educational
program for limited English proficient children that is, or will
be, funded under this part are fluent in English and any other
language used for instruction, including having written and oral
communications skills.
‘‘(d) OTHER REQUIREMENTS FOR APPROVAL.—Each local plan
shall also contain assurances that—
‘‘(1) each local educational agency that is included in the
eligible entity is complying with section 3302 prior to, and
throughout, each school year;
‘‘(2) the eligible entity annually will assess the English
proficiency of all children with limited English proficiency
participating in programs funded under this part;
‘‘(3) the eligible entity has based its proposed plan on
scientifically based research on teaching limited English pro-
ficient children;
‘‘(4) the eligible entity will ensure that the programs will
enable children to speak, read, write, and comprehend the
English language and meet challenging State academic content
and student academic achievement standards; and
‘‘(5) the eligible entity is not in violation of any State
law, including State constitutional law, regarding the education
of limited English proficient children, consistent with sections
3126 and 3127.
‘‘Subpart 2—Accountability and Administration
‘‘SEC. 3121. EVALUATIONS.
‘‘(a) IN GENERAL.—Each eligible entity that receives a subgrant
from a State educational agency under subpart 1 shall provide
such agency, at the conclusion of every second fiscal year during
which the subgrant is received, with an evaluation, in a form
prescribed by the agency, that includes—
‘‘(1) a description of the programs and activities conducted
by the entity with funds received under subpart 1 during the
two immediately preceding fiscal years;
‘‘(2) a description of the progress made by children in
learning the English language and meeting challenging State
academic content and student academic achievement standards;
‘‘(3) the number and percentage of children in the programs
and activities attaining English proficiency by the end of each
school year, as determined by a valid and reliable assessment
of English proficiency; and
‘‘(4) a description of the progress made by children in
meeting challenging State academic content and student aca-
demic achievement standards for each of the 2 years after
such children are no longer receiving services under this part.
‘‘(b) USE OF EVALUATION.—An evaluation provided by an eligible
entity under subsection (a) shall be used by the entity and the
State educational agency—
‘‘(1) for improvement of programs and activities;
‘‘(2) to determine the effectiveness of programs and activi-
ties in assisting children who are limited English proficient
H. R. 1—278
to attain English proficiency (as measured consistent with sub-
section (d)) and meet challenging State academic content and
student academic achievement standards; and
‘‘(3) in determining whether or not to continue funding
for specific programs or activities.
‘‘(c) EVALUATION COMPONENTS.—An evaluation provided by an
eligible entity under subsection (a) shall—
‘‘(1) provide an evaluation of children enrolled in a program
or activity conducted by the entity using funds under subpart
1 (including the percentage of children) who—
‘‘(A) are making progress in attaining English pro-
ficiency, including the percentage of children who have
achieved English proficiency;
‘‘(B) have transitioned into classrooms not tailored to
limited English proficient children, and have a sufficient
level of English proficiency to permit them to achieve in
English and transition into classrooms not tailored to lim-
ited English proficient children;
‘‘(C) are meeting the same challenging State academic
content and student academic achievement standards as
all children are expected to meet; and
‘‘(D) are not receiving waivers for the reading or lan-
guage arts assessments under section 1111(b)(3)(C); and
‘‘(2) include such other information as the State educational
agency may require.
‘‘(d) EVALUATION MEASURES.—A State shall approve evaluation
measures for use under subsection (c) that are designed to assess—
‘‘(1) the progress of children in attaining English pro-
ficiency, including a child’s level of comprehension, speaking,
listening, reading, and writing skills in English;
‘‘(2) student attainment of challenging State student aca-
demic achievement standards on assessments described in sec-
tion 1111(b)(3); and
‘‘(3) progress in meeting the annual measurable achieve-
ment objectives described in section 3122.
‘‘(e) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—Each
specially qualified agency receiving a grant under this part shall
provide the evaluations described in subsection (a) to the Secretary
subject to the same requirements as apply to eligible entities pro-
viding such evaluations to State educational agencies under such
subsection.
‘‘SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.
‘‘(a) ACHIEVEMENT OBJECTIVES.—
‘‘(1) IN GENERAL.—Each State educational agency or spe-
cially qualified agency receiving a grant under subpart 1 shall
develop annual measurable achievement objectives for limited
English proficient children served under this part that relate
to such children’s development and attainment of English pro-
ficiency while meeting challenging State academic content and
student academic achievement standards as required by section
1111(b)(1).
‘‘(2) DEVELOPMENT OF OBJECTIVES.—Such annual measur-
able achievement objectives shall be developed in a manner
that—
H. R. 1—279
‘‘(A) reflects the amount of time an individual child
has been enrolled in a language instruction educational
program; and
‘‘(B) uses consistent methods and measurements to
reflect the increases described in subparagraphs (A)(i),
(A)(ii), and (B) of paragraph (3).
‘‘(3) CONTENTS.—Such annual measurable achievement
objectives—
‘‘(A) shall include—
‘‘(i) at a minimum, annual increases in the number
or percentage of children making progress in learning
English;
‘‘(ii) at a minimum, annual increases in the number
or percentage of children attaining English proficiency
by the end of each school year, as determined by a
valid and reliable assessment of English proficiency
consistent with section 1111(b)(7); and
‘‘(iii) making adequate yearly progress for limited
English proficient children as described in section
1111(b)(2)(B); and
‘‘(B) at the discretion of the agency, may include the
number or percentage of children not receiving waivers
for reading or language arts assessments under section
1111(b)(3)(C), but this achievement objective shall not be
applied to an eligible entity that, in a given school year—
‘‘(i) has experienced a large increase in limited
English proficient children or immigrant children and
youth;
‘‘(ii) enrolls a statistically significant number of
immigrant children and youth from countries where
such children and youth had little or no access to
formal education; or
‘‘(iii) has a statistically significant number of
immigrant children and youth who have fled from war
or natural disaster.
‘‘(b) ACCOUNTABILITY.—
‘‘(1) FOR STATES.—Each State educational agency receiving
a grant under subpart 1 shall hold eligible entities receiving
a subgrant under such subpart accountable for meeting the
annual measurable achievement objectives under subsection
(a), including making adequate yearly progress for limited
English proficient children.
‘‘(2) IMPROVEMENT PLAN.—If a State educational agency
determines, based on the annual measurable achievement objec-
tives described in subsection (a), that an eligible entity has
failed to make progress toward meeting such objectives for
2 consecutive years, the agency shall require the entity to
develop an improvement plan that will ensure that the entity
meets such objectives. The improvement plan shall specifically
address the factors that prevented the entity from achieving
such objectives.
‘‘(3) TECHNICAL ASSISTANCE.—During the development of
the improvement plan described in paragraph (2), and through-
out its implementation, the State educational agency shall—
‘‘(A) provide technical assistance to the eligible entity;
‘‘(B) provide technical assistance, if applicable, to
schools served by such entity under subpart 1 that need
H. R. 1—280
assistance to enable the schools to meet the annual measur-
able achievement objectives described in subsection (a);
‘‘(C) develop, in consultation with the entity, profes-
sional development strategies and activities, based on sci-
entifically based research, that the agency will use to meet
such objectives;
‘‘(D) require such entity to utilize such strategies and
activities; and
‘‘(E) develop, in consultation with the entity, a plan
to incorporate strategies and methodologies, based on sci-
entifically based research, to improve the specific program
or method of instruction provided to limited English pro-
ficient children.
‘‘(4) ACCOUNTABILITY.—If a State educational agency deter-
mines that an eligible entity has failed to meet the annual
measurable achievement objectives described in subsection (a)
for 4 consecutive years, the agency shall—
‘‘(A) require such entity to modify the entity’s cur-
riculum, program, and method of instruction; or
‘‘(B)(i) make a determination whether the entity shall
continue to receive funds related to the entity’s failure
to meet such objectives; and
‘‘(ii) require such entity to replace educational per-
sonnel relevant to the entity’s failure to meet such objec-
tives.
‘‘(c) SPECIAL RULE FOR SPECIALLY QUALIFIED AGENCIES.—The
Secretary shall hold specially qualified agencies receiving a grant
under this subpart accountable for meeting the annual measurable
achievement objectives described in subsection (a) in the same
manner as State educational agencies hold eligible entities account-
able under subsection (b).
‘‘SEC. 3123. REPORTING REQUIREMENTS.
‘‘(a) STATES.—Based upon the evaluations provided to a State
educational agency under section 3121, each such agency that
receives a grant under this part shall prepare and submit every
second year to the Secretary a report on programs and activities
carried out by the State educational agency under this part and
the effectiveness of such programs and activities in improving the
education provided to children who are limited English proficient.
‘‘(b) SECRETARY.—Every second year, the Secretary shall pre-
pare and submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report—
‘‘(1) on programs and activities carried out to serve limited
English proficient children under this part, and the effective-
ness of such programs and activities in improving the academic
achievement and English proficiency of children who are limited
English proficient;
‘‘(2) on the types of language instruction educational pro-
grams used by local educational agencies or eligible entities
receiving funding under this part to teach limited English
proficient children;
‘‘(3) containing a critical synthesis of data reported by
eligible entities to States under section 3121(a);
H. R. 1—281
‘‘(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 3111(b)(2)(C);
‘‘(5) containing an estimate of the number of certified or
licensed teachers working in language instruction educational
programs and educating limited English proficient children,
and an estimate of the number of such teachers that will
be needed for the succeeding 5 fiscal years;
‘‘(6) containing the major findings of scientifically based
research carried out under this part;
‘‘(7) containing the number of programs or activities, if
any, that were terminated because the entities carrying out
the programs or activities were not able to reach program
goals;
‘‘(8) containing the number of limited English proficient
children served by eligible entities receiving funding under
this part who were transitioned out of language instruction
educational programs funded under this part into classrooms
where instruction is not tailored for limited English proficient
children; and
‘‘(9) containing other information gathered from the evalua-
tions from specially qualified agencies and other reports sub-
mitted to the Secretary under this title when applicable.
‘‘SEC. 3124. COORDINATION WITH RELATED PROGRAMS.
‘‘In order to maximize Federal efforts aimed at serving the
educational needs of children of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation with other
entities carrying out programs serving language-minority and lim-
ited English proficient children that are administered by the Depart-
ment and other agencies.
‘‘SEC. 3125. RULES OF CONSTRUCTION.
‘‘Nothing in this part shall be construed—
‘‘(1) to prohibit a local educational agency from serving
limited English proficient children simultaneously with children
with similar educational needs, in the same educational settings
where appropriate;
‘‘(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of instruc-
tional program for limited English proficient children; or
‘‘(3) to limit the preservation or use of Native American
languages.
‘‘SEC. 3126. LEGAL AUTHORITY UNDER STATE LAW.
‘‘Nothing in this part shall be construed to negate or supersede
State law, or the legal authority under State law of any State
agency, State entity, or State public official, over programs that
are under the jurisdiction of the State agency, entity, or official.
‘‘SEC. 3127. CIVIL RIGHTS.
‘‘Nothing in this part shall be construed in a manner incon-
sistent with any Federal law guaranteeing a civil right.
‘‘SEC. 3128. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
‘‘Notwithstanding any other provision of this part, programs
authorized under this part that serve Native American (including
Native American Pacific Islander) children and children in the
H. R. 1—282
Commonwealth of Puerto Rico may include programs of instruction,
teacher training, curriculum development, evaluation, and assess-
ment designed for Native American children learning and studying
Native American languages and children of limited Spanish pro-
ficiency, except that an outcome of programs serving such children
shall be increased English proficiency among such children.
‘‘SEC. 3129. PROHIBITION.
‘‘In carrying out this part, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical
approach to educating limited English proficient children.
‘‘Subpart 3—National Activities
‘‘SEC. 3131. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
‘‘The Secretary shall use funds made available under section
3111(c)(1)(C) to award grants on a competitive basis, for a period
of not more than 5 years, to institutions of higher education (in
consortia with State educational agencies or local educational agen-
cies) to provide for professional development activities that will
improve classroom instruction for limited English proficient children
and assist educational personnel working with such children to
meet high professional standards, including standards for certifi-
cation and licensure as teachers who work in language instruction
educational programs or serve limited English proficient children.
Grants awarded under this subsection may be used—
‘‘(1) for preservice professional development programs that
will assist local schools and institutions of higher education
to upgrade the qualifications and skills of educational personnel
who are not certified or licensed, especially educational para-
professionals;
‘‘(2) for the development of curricula appropriate to the
needs of the consortia participants involved; and
‘‘(3) in conjunction with other Federal need-based student
financial assistance programs, for financial assistance, and costs
related to tuition, fees, and books for enrolling in courses
required to complete the degree involved, to meet certification
or licensing requirements for teachers who work in language
instruction educational programs or serve limited English pro-
ficient children.
‘‘Subpart 4—Definitions
‘‘SEC. 3141. ELIGIBLE ENTITY.
‘‘In this part, the term ‘eligible entity’ means—
‘‘(1) one or more local educational agencies; or
‘‘(2) one or more local educational agencies, in collaboration
with an institution of higher education, community-based
organization, or State educational agency.
‘‘PART B—IMPROVING LANGUAGE
INSTRUCTION EDUCATIONAL PROGRAMS
‘‘SEC. 3201. SHORT TITLE.
‘‘This part may be cited as the ‘Improving Language Instruction
Educational Programs For Academic Achievement Act’.
H. R. 1—283
‘‘SEC. 3202. PURPOSE.
‘‘The purpose of this part is to help ensure that limited English
proficient children master English and meet the same rigorous
standards for academic achievement as all children are expected
to meet, including meeting challenging State academic content and
student academic achievement standards by—
‘‘(1) promoting systemic improvement and reform of, and
developing accountability systems for, educational programs
serving limited English proficient children;
‘‘(2) developing language skills and multicultural under-
standing;
‘‘(3) developing the English proficiency of limited English
proficient children and, to the extent possible, the native lan-
guage skills of such children;
‘‘(4) providing similar assistance to Native Americans with
certain modifications relative to the unique status of Native
American languages under Federal law;
‘‘(5) developing data collection and dissemination, research,
materials, and technical assistance that are focused on school
improvement for limited English proficient children; and
‘‘(6) developing programs that strengthen and improve the
professional training of educational personnel who work with
limited English proficient children.
‘‘SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out pro-
grams under this part for individuals served by elementary schools,
secondary schools, and postsecondary schools operated predomi-
nately for Native American (including Alaska Native) children and
youth, an Indian tribe, a tribally sanctioned educational authority,
a Native Hawaiian or Native American Pacific Islander native
language education organization, or an elementary school or sec-
ondary school that is operated or funded by the Bureau of Indian
Affairs shall be considered to be a local educational agency.
‘‘(b) APPLICATION.—Notwithstanding any other provision of this
part, each tribe, authority, organization, or school described in
subsection (a) shall submit any application for assistance under
this part directly to the Secretary along with timely comments
on the need for the program proposed in the application.
‘‘SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCI-
ATED STATES.
‘‘For the purpose of carrying out programs under this part
in the outlying areas, the term ‘local educational agency’ includes
public institutions or agencies whose mission is the preservation
and maintenance of native languages.
‘‘Subpart 1—Program Development and
Enhancement
‘‘SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION
EDUCATIONAL PROGRAMS.
‘‘The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections 3212
and 3213—
H. R. 1—284
‘‘(1) to develop and enhance their capacity to provide high-
quality instruction through language instruction educational
programs or special alternative instruction programs to limited
English proficient children; and
‘‘(2) to help such children—
‘‘(A) develop English proficiency and, to the extent
possible, proficiency in their native language; and
‘‘(B) meet the same challenging State academic content
and student academic achievement standards as all chil-
dren are expected to meet under section 1111(b)(1).
‘‘SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) AUTHORITY.—
‘‘(A) IN
GENERAL.—The Secretary is authorized to
award grants to eligible entities having applications
approved under section 3214 to enable such entities to
provide innovative, locally designed, high-quality instruc-
tion to limited English proficient children, by expanding,
developing, or strengthening language instruction edu-
cational programs or special alternative instruction pro-
grams.
‘‘(B) PERIOD.—Each grant awarded under this section
shall be awarded for a period of 3 years.
‘‘(2) AUTHORIZED ACTIVITIES.—
‘‘(A) MANDATORY ACTIVITIES.—Grants awarded under
this section shall be used for—
‘‘(i) 
developing, 
implementing, 
expanding, 
or
enhancing comprehensive preschool, elementary, or
secondary education programs for limited English pro-
ficient children, that are—
‘‘(I) aligned with State and local academic con-
tent and student academic achievement standards,
and local school reform efforts; and
‘‘(II) coordinated with related academic serv-
ices for children;
‘‘(ii) providing high-quality professional develop-
ment to classroom teachers, administrators, and other
school or community-based organization personnel to
improve the instruction and assessment of limited
English proficient children; and
‘‘(iii) annually assessing the English proficiency
of all limited English proficient children served by
activities carried out under this section.
‘‘(B) PERMISSIBLE ACTIVITIES.—Grants awarded under
this section may be used for—
‘‘(i) implementing programs to upgrade the reading
and other academic skills of limited English proficient
children;
‘‘(ii) developing accountability systems to monitor
the academic progress of limited English proficient and
formerly limited English proficient children;
‘‘(iii) implementing family education programs and
parent outreach and training activities designed to
assist parents to become active participants in the
education of their children;
H. R. 1—285
‘‘(iv) improving the instruction programs for lim-
ited 
English 
proficient 
children 
by 
identifying,
acquiring, and applying effective curricula, instruction
materials (including materials provided through tech-
nology), and assessments that are all aligned with
State and local standards;
‘‘(v) providing intensified instruction, including
tutorials and academic, or vocational and technical,
training, for limited English proficient children;
‘‘(vi) adapting best practice models for meeting
the needs of limited English proficient children;
‘‘(vii) assisting limited English proficient children
with disabilities;
‘‘(viii) implementing applied learning activities
such as service learning to enhance and support com-
prehensive 
elementary 
and 
secondary 
language
instruction educational programs;
‘‘(ix) acquiring or developing education technology
or instruction materials for limited English proficient
children, including materials in languages other than
English;
‘‘(x) participating in electronic networks for mate-
rials, training, and communication, and incorporating
information derived from such participation in cur-
ricula and programs; and
‘‘(xi) carrying out such other activities related to
the purpose of this part as the Secretary may approve.
‘‘(b) PRIORITY.—In awarding grants under this section, the Sec-
retary may give priority to an entity that—
‘‘(1) serves a school district—
‘‘(A) that has a total district enrollment that is less
than 10,000 students; or
‘‘(B) with a large percentage or number of limited
English proficient children; and
‘‘(2) has limited or no experience in serving limited English
proficient children.
‘‘(c) ELIGIBLE ENTITY.—In this section, the term ‘eligible entity’
means—
‘‘(1) one or more local educational agencies;
‘‘(2) one or more local educational agencies in collaboration
with an institution of higher education, community-based
organization, or State educational agency; or
‘‘(3) a community-based organization or an institution of
higher education that has an application approved by the local
educational agency to participate in programs carried out under
this subpart by enhancing early childhood education or family
education programs or conducting instruction programs that
supplement the educational services provided by a local edu-
cational agency.
‘‘SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVE-
MENT ACTIVITIES.
‘‘(a) PROGRAM AUTHORIZED.—
‘‘(1) AUTHORITY.—The Secretary is authorized to award
grants to eligible entities having applications approved under
section 3214 to enable such entities to develop and implement
language instruction educational programs, and improve,
H. R. 1—286
reform, or upgrade programs or operations that serve significant
percentages or numbers of limited English proficient children.
‘‘(2) MANDATORY ACTIVITIES.—Grants awarded under this
section shall be used for—
‘‘(A) improving instruction programs for limited
English proficient children by acquiring and upgrading cur-
ricula and related instruction materials;
‘‘(B) aligning the activities carried out under this sec-
tion with State and local school reform efforts;
‘‘(C) providing training, aligned with State and local
standards, to school personnel and participating commu-
nity-based organization personnel to improve the instruc-
tion and assessment of limited English proficient children;
‘‘(D) developing and implementing plans, coordinated
with plans for programs carried out under title II of the
Higher Education Act of 1965 (where applicable), and title
II of this Act (where applicable), to recruit teachers trained
to serve limited English proficient children;
‘‘(E) implementing culturally and linguistically appro-
priate family education programs, or parent outreach and
training activities, that are designed to assist parents of
limited English proficient children to become active partici-
pants in the education of their children;
‘‘(F) coordinating the activities carried out under this
section with other programs, such as programs carried
out under this title;
‘‘(G) providing services to meet the full range of the
educational needs of limited English proficient children;
‘‘(H) annually assessing the English proficiency of all
limited English proficient children served by the activities
carried out under this section; and
‘‘(I) developing or improving accountability systems to
monitor the academic progress of limited English proficient
children.
‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded under this
section may be used for—
‘‘(A) implementing programs to upgrade reading and
other academic skills of limited English proficient children;
‘‘(B) developing and using educational technology to
improve learning, assessments, and accountability to meet
the needs of limited English proficient children;
‘‘(C) implementing scientifically based research pro-
grams to meet the needs of limited English proficient chil-
dren;
‘‘(D) providing tutorials and academic, or vocational
and technical, training for limited English proficient chil-
dren;
‘‘(E) developing and implementing State and local aca-
demic content and student academic achievement stand-
ards for learning English as a second language, as well
as for learning other languages;
‘‘(F) developing and implementing programs for limited
English proficient children to meet the needs of changing
populations of such children;
‘‘(G) implementing policies to ensure that limited
English proficient children have access to other education
H. R. 1—287
programs (other than programs designed to address limited
English proficiency);
‘‘(H) assisting limited English proficient children with
disabilities;
‘‘(I) developing and implementing programs to help
children become proficient in English and other languages;
‘‘(J) acquiring or developing education technology or
instruction materials for limited English proficient chil-
dren, including materials in languages other than English;
‘‘(K) participating in electronic networks for materials,
training, and communication and incorporating information
derived from such participation in curricula and programs;
and
‘‘(L) carrying out such other activities related to the
purpose of this part as the Secretary may approve.
‘‘(4) SPECIAL RULE.—
‘‘(A) PLANNING.—A recipient of a grant under this sec-
tion, before carrying out activities under this section, shall
plan, train personnel, develop curricula, and acquire or
develop materials, but shall not use funds made available
under this section for planning purposes for more than
45 days.
‘‘(B) COMMENCEMENT
OF
ACTIVITIES.—The recipient
shall commence carrying out activities under this section
not later than the later of—
‘‘(i) the beginning of the first school year that
begins after the grant is received; or
‘‘(ii) 30 days after the date of receipt of the grant.
‘‘(b) AVAILABILITY OF APPROPRIATIONS.—
‘‘(1) RESERVATION OF FUNDS FOR CONTINUED PAYMENTS.—
‘‘(A) COVERED
GRANT.—In this paragraph, the term
‘covered grant’ means a grant—
‘‘(i) that was awarded under section 7112, 7113,
7114, or 7115 (as such sections were in effect on the
day before the date of enactment of the No Child
Left Behind Act of 2001); and
‘‘(ii) for which the grant period has not ended.
‘‘(B) RESERVATION.—For any fiscal year that is part
of the grant period of a covered grant, the Secretary shall
reserve funds for the payments described in subparagraph
(C) from the amount appropriated for the fiscal year under
section 3001(a) and made available for carrying out this
section.
‘‘(C) PAYMENTS.—The Secretary shall continue to make
grant payments to each entity that received a covered
grant, in accordance with the terms of that grant, for
the duration of the grant period of the grant, to carry
out activities in accordance with the appropriate section
described in subparagraph (A)(i).
‘‘(2) AVAILABILITY.—Of the amount appropriated for a fiscal
year under section 3001(a) that is made available to carry
out this section, and that remains after the Secretary reserves
funds for payments under paragraph (1)—
‘‘(A) not less than one-third of the remainder shall
be used to award grants to eligible entities for activities
carried out within an entire school district; and
H. R. 1—288
‘‘(B) not less than two-thirds of the remainder shall
be used to award grants to eligible entities for activities
carried out within individual schools.
‘‘(c) PRIORITY.—In awarding grants under this section, the Sec-
retary shall give priority to an applicant that—
‘‘(1) experiences a significant increase in the number or
percentage of limited English proficient children enrolled in
the applicant’s programs and has limited or no experience
in serving limited English proficient children;
‘‘(2) is a local educational agency that serves a school
district that has a total district enrollment that is less than
10,000 students;
‘‘(3) demonstrates that the applicant has a proven track
record of success in helping limited English proficient children
learn English and meet high academic standards; or
‘‘(4) serves a school district with a large number or percent-
age of limited English proficient children.
‘‘(d) ELIGIBLE ENTITIES.—In this section, the term ‘eligible
entity’ means—
‘‘(1) one or more local educational agencies; or
‘‘(2) one or more local educational agencies, in collaboration
with an institution of higher education, community-based
organization, or State educational agency.
‘‘SEC. 3214. APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SECRETARY.—To receive a grant under this subpart,
an eligible entity described in section 3212 or 3213 shall submit
an application to the Secretary at such time, in such form,
and containing such information as the Secretary may require.
‘‘(2) STATE EDUCATIONAL AGENCY.—The eligible entity, with
the exception of schools funded by the Bureau of Indian Affairs,
shall submit a copy of the application submitted by the entity
under this section to the State educational agency.
‘‘(b) STATE REVIEW AND COMMENTS.—
‘‘(1) DEADLINE.—The State educational agency, not later
than 45 days after receipt of an application under this section,
shall review the application and submit the written comments
of the agency regarding the application to the Secretary.
‘‘(2) COMMENTS.—
‘‘(A) SUBMISSION
OF
COMMENTS.—Regarding applica-
tions submitted under this subpart, the State educational
agency shall—
‘‘(i) submit to the Secretary written comments
regarding all such applications; and
‘‘(ii) submit to each eligible entity the comments
that pertain to such entity.
‘‘(B) SUBJECT.—For purposes of this subpart, such com-
ments shall address—
‘‘(i) how the activities to be carried out under the
grant will further the academic achievement and
English proficiency of limited English proficient chil-
dren served under the grant; and
‘‘(ii) how the grant application is consistent with
the State plan required under section 1111.
H. R. 1—289
‘‘(c) ELIGIBLE
ENTITY
COMMENTS.—An eligible entity may
submit to the Secretary comments that address the comments sub-
mitted by the State educational agency.
‘‘(d) COMMENT CONSIDERATION.—In making grants under this
subpart, the Secretary shall take into consideration comments made
by State educational agencies.
‘‘(e) WAIVER.—Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement specified in sub-
section (b) if a State educational agency can demonstrate that
such review requirement may impede such agency’s ability to fulfill
the requirements of participation in the program authorized in
section 3224, particularly such agency’s ability to carry out data
collection efforts and such agency’s ability to provide technical
assistance to local educational agencies not receiving funds under
this subpart.
‘‘(f) REQUIRED DOCUMENTATION.—Such application shall include
documentation that—
‘‘(1) the applicant has the qualified personnel required to
develop, administer, and implement the program proposed in
the application; and
‘‘(2) the leadership personnel of each school participating
in the program have been involved in the development and
planning of the program in the school.
‘‘(g) CONTENTS.—
‘‘(1) IN GENERAL.—An application for a grant under this
subpart shall contain the following:
‘‘(A) A description of the need for the proposed program,
including—
‘‘(i) data on the number of limited English pro-
ficient children in the school or school district to be
served;
‘‘(ii) information on the characteristics of the chil-
dren, including—
‘‘(I) the native languages of the children;
‘‘(II) the proficiency of the children in English
and their native language;
‘‘(III) achievement data (current as of the date
of submission of the application) for the limited
English proficient children in—
‘‘(aa) reading or language arts (in English
and in the native language, if applicable); and
‘‘(bb) mathematics;
‘‘(IV) a comparison of that data for the children
with that data for the English proficient peers
of the children; and
‘‘(V) the previous schooling experiences of the
children;
‘‘(iii) the professional development needs of the
instruction personnel who will provide services for the
limited English proficient children under the proposed
program; and
‘‘(iv) how the services provided through the grant
will supplement the basic services provided to limited
English proficient children.
‘‘(B) A description of the program to be implemented
and how such program’s design—
H. R. 1—290
‘‘(i) relates to the linguistic and academic needs
of the limited English proficient children to be served;
‘‘(ii) will ensure that the services provided through
the program will supplement the basic services the
applicant provides to limited English proficient chil-
dren;
‘‘(iii) will ensure that the program is coordinated
with other programs under this Act and other Acts;
‘‘(iv) involves the parents of the limited English
proficient children to be served;
‘‘(v) ensures accountability in achieving high aca-
demic standards; and
‘‘(vi) promotes coordination of services for the lim-
ited English proficient children to be served and their
families.
‘‘(C) A description, if appropriate, of the applicant’s
collaborative activities with institutions of higher edu-
cation, community-based organizations, local educational
agencies or State educational agencies, private schools, non-
profit organizations, or businesses in carrying out the pro-
posed program.
‘‘(D) An assurance that the applicant will not reduce
the level of State and local funds that the applicant expends
for language instruction educational programs or special
alternative instruction programs if the applicant receives
an award under this subpart.
‘‘(E) An assurance that the applicant will employ
teachers in the proposed program who, individually or in
combination, are proficient in—
‘‘(i) English, with respect to written, as well as
oral, communication skills; and
‘‘(ii) the native language of the majority of the
children who the teachers teach, if instruction in the
program is in the native language as well as English.
‘‘(F) A budget for the grant funds.
‘‘(2) ADDITIONAL
INFORMATION.—Each application for a
grant under section 3213 shall—
‘‘(A) describe—
‘‘(i) current services (as of the date of submission
of the application) the applicant provides to limited
English proficient children;
‘‘(ii) what services limited English proficient chil-
dren will receive under the grant that such children
will not otherwise receive;
‘‘(iii) how funds received under this subpart will
be integrated with all other Federal, State, local, and
private resources that may be used to serve limited
English proficient children;
‘‘(iv) specific achievement and school retention
goals for the children to be served by the proposed
program and how progress toward achieving such goals
will be measured; and
‘‘(v) the current family education programs (as of
the date of submission of the application) of the eligible
entity, if applicable; and
‘‘(B) provide assurances that—
H. R. 1—291
‘‘(i) the program funded with the grant will be
integrated with the overall educational program of the
children served through the proposed program; and
‘‘(ii) the application has been developed in consulta-
tion with parents and other representatives of the chil-
dren to be served in such program.
‘‘(h) APPROVAL OF APPLICATIONS.—An application for a grant
under this subpart may be approved only if the Secretary deter-
mines that—
‘‘(1) the program proposed in the application will use quali-
fied personnel, including personnel who are proficient in the
language or languages used for instruction;
‘‘(2) in designing the program, the eligible entity has, after
consultation with appropriate private school officials—
‘‘(A) taken into account the needs of children in non-
profit private elementary schools and secondary schools;
and
‘‘(B) in a manner consistent with the number of such
children enrolled in such schools in the area to be served,
whose educational needs are of the type and whose lan-
guage, and grade levels are of a similar type to the needs,
language, and grade levels that the program is intended
to address, provided for the participation of such children
on a basis comparable to the basis on which public school
children participate;
‘‘(3)(A) student evaluation and assessment procedures in
the program are valid and reliable for limited English proficient
children; and
‘‘(B) limited English proficient children with disabilities
will be identified and served through the program in accordance
with the requirements of the Individuals with Disabilities Edu-
cation Act;
‘‘(4) Federal funds made available for the program will
be used to supplement the State and local funds that, in the
absence of such Federal funds, would be expended for special
programs for children of limited English proficient individuals,
and in no case to supplant such State and local funds, except
that nothing in this paragraph shall be construed to preclude
a local educational agency from using funds made available
under this subpart—
‘‘(A) for activities carried out under an order of a Fed-
eral or State court respecting services to be provided to
such children; or
‘‘(B) to carry out a plan approved by the Secretary
as adequate under title VI of the Civil Rights Act of 1964
with respect to services to be provided to such children;
‘‘(5)(A) the assistance provided through the grant will con-
tribute toward building the capacity of the eligible entity to
provide a program on a regular basis, similar to the proposed
program, that will be of sufficient size, scope, and quality
to promise significant improvement in the education of limited
English proficient children; and
‘‘(B) the eligible entity will have the resources and commit-
ment to continue the program of sufficient size, scope, and
quality when assistance under this subpart is reduced or no
longer available; and