AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO DNANGNAAV NOISSAS dz SSHYONOD AECOl 9°U°H
In the Senate of the United States,
August 2 (legislative day, July 20), 1994.
Resolved, That the bill from the House of Representa-
tives (H.R. 6) entitled ‘‘An Act to extend for five years the
authorizations of appropriations for the programs under the
Elementary and Secondary Education Act of 1965, and for
certain other purposes’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Improving America’s
Schools Act of 1994’’.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
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(A) July 1, 1995 for noncompetitive pro-
grams in which funds are allocated on the basis
of a formula; and
(B) for programs that are conducted on a
competitive basis, with respect to appropriations
for use under such programs in fiscal year 1995
and in subsequent fiscal years.
(3) TITLE III.—(A) Parts A and B of title III
of this Act and the amendments made by such parts
shall take effect on July 1, 1995.
(B) Part C of title III of this Act and the
amendments made by such part shall take effect on
October 1, 1994.
(b) TRANSITION.—Notwithstanding any other provi-
sion of law, a recipient of funds under the Elementary and
Secondary Education Act of 1965, as such Act was in effect
on the day preceding the date of enactment of this Act, may
use funds available to such recipient under such predecessor
authority to carry out necessary and reasonable planning
and transition activities in order to ensure a smooth imple-
mentation of programs authorized by this Act.
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TITLE I—AMENDMENTS TO THE
ELEMENTARY AND SECOND-
ARY EDUCATION ACT OF 1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965
(20 U.S.C. 2701 et seq.) is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Elementary and Sec-
ondary Education Act of 1965’.
‘‘SEC. 2. TABLE OF CONTENTS.
‘‘The table of contents for this Act is as follows:
‘‘Sec. 1. Short title.
‘‘Sec. 2. Table of contents.
‘‘TITLE I—HELPING CHILDREN IN NEED MEET HIGH STANDARDS
‘‘Sec. 1001. Declaration of policy and statement of purpose.
‘‘Sec. 1002. Authorization of appropriations.
‘‘PART A—MAKING HIGH-POVERTY SCHOOLS WORK
‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS
‘‘Sec. 1111. State plans.
‘‘Sec. 1112. Local educational agency plans.
‘‘Sec. 1113. Eligible school attendance areas.
‘‘Sec. 1114. Schoolwide programs.
‘‘Sec. 1115. Targeted assistance schools.
‘‘Sec. 1116. Parental involvement.
‘‘Sec. 1117. Participation of children enrolled in private schools.
‘‘Sec. 1118. Assessment and local educational agency and school improvement.
‘‘Sec. 1119. State assistance for schools support and improvement.
‘‘Sec. 1120. Fiscal requirements.
‘‘SUBPART 2—ALLOCATIONS
‘‘Sec. 1121. Grants for the outlying areas and the Secretary of the Interior.
‘‘Sec. 1122. Allocations to States.
‘‘Sec. 1123. Grants to States.
‘‘Sec. 1124. Within State allocations.
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‘‘PART B—TRANSITION TO SUCCESS
‘‘Sec. 1201. Transition to success.
‘‘Sec. 1202. Coordination requirements.
‘‘Sec. 1203. Definitions.
‘‘PART C—EVEN START FAMILY LITERACY PROGRAMS
‘‘Sec. 1301. Statement of purpose.
‘‘Sec. 1302. Program authorized.
‘‘Sec. 1303. State programs.
‘‘Sec. 1304. Uses of funds.
‘‘Sec. 1305. Program elements.
‘‘Sec. 1306. Eligible participants.
‘‘Sec. 1307. Applications.
‘‘Sec. 1308. Award of subgrants.
‘‘Sec. 1309. Evaluation.
‘‘Sec. 1310. Construction.
‘‘PART D—EDUCATION OF MIGRATORY CHILDREN
‘‘Sec. 1401. Program purpose.
‘‘Sec. 1402. Program authorized.
‘‘Sec. 1403. State allocations.
‘‘Sec. 1404. State applications; services.
‘‘Sec. 1405. Secretarial approval; peer review.
‘‘Sec. 1406. Comprehensive needs assessment and service-delivery plan; authorized
activities.
‘‘Sec. 1407. Bypass.
‘‘Sec. 1408. Coordination of migrant education activities.
‘‘PART E—EDUCATION FOR NEGLECTED AND DELINQUENT YOUTH
‘‘Sec. 1501. Purpose; program authorized.
‘‘Sec. 1502. Eligibility.
‘‘Sec. 1503. Allocation of funds.
‘‘Sec. 1504. State reallocation of funds.
‘‘Sec. 1505. State plan and State agency applications.
‘‘Sec. 1506. Use of funds.
‘‘Sec. 1507. Institution-wide projects.
‘‘Sec. 1508. Three-year projects.
‘‘Sec. 1509. Program evaluations.
‘‘Sec. 1510. Transition services.
‘‘Sec. 1511. Definitions.
‘‘PART F—FEDERAL EVALUATIONS AND DEMONSTRATIONS
‘‘Sec. 1601. Evaluations.
‘‘Sec. 1602. Demonstrations of innovative practices.
‘‘PART G—GENERAL PROVISIONS
‘‘Sec. 1701. Federal regulations.
‘‘Sec. 1702. State administration.
‘‘Sec. 1703. Construction.
‘‘Sec. 1704. Reservation of funds for territories.
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‘‘PART H—EDUCATIONAL OPPORTUNITY DEMONSTRATION PROGRAM
‘‘Sec. 1801. Findings and purposes.
‘‘Sec. 1802. Definitions.
‘‘Sec. 1803. Program authorized.
‘‘Sec. 1804. Applications.
‘‘Sec. 1805. Selection of grantees.
‘‘Sec. 1806. Study commissioned.
‘‘Sec. 1807. Construction.
‘‘TITLE II—IMPROVING TEACHING AND LEARNING
‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
‘‘Sec. 2101. Findings.
‘‘Sec. 2102. Purposes.
‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.
‘‘SUBPART 1—FEDERAL ACTIVITIES
‘‘Sec. 2111. Program authorized.
‘‘Sec. 2112. Authorized activities.
‘‘Sec. 2113. Eisenhower National Clearinghouse for Mathematics and Science
Education.
‘‘Sec. 2114. National Teacher Training Project.
‘‘SUBPART 2—STATE AND LOCAL ACTIVITIES
‘‘Sec. 2121. Program authorized.
‘‘Sec. 2122. Allocation of funds.
‘‘Sec. 2123. Within-State allocations.
‘‘Sec. 2124. Priority for professional development in mathematics and science.
‘‘Sec. 2125. State applications.
‘‘Sec. 2126. State level activities.
‘‘Sec. 2127. Local educational agency applications.
‘‘Sec. 2128. Local cost-sharing.
‘‘Sec. 2129. Local allocation of funds and allowable activities.
‘‘Sec. 2130. Higher education activities.
‘‘Sec. 2131. Consortium requirement.
‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT
‘‘Sec. 2141. Findings and purpose.
‘‘Sec. 2142. Demonstration program authorized.
‘‘Sec. 2143. Grants.
‘‘Sec. 2144. Plan.
‘‘Sec. 2145. Technical assistance.
‘‘Sec. 2146. Matching funds.
‘‘SUBPART 4—GENERAL PROVISIONS
‘‘Sec. 2151. Reporting and accountability.
‘‘Sec. 2152. Definitions.
‘‘PART B—NATIONAL WRITING PROJECT
‘‘Sec. 2201. Short title.
‘‘Sec. 2202. Findings.
‘‘Sec. 2203. National Writing Project.
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‘‘PART C—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
‘‘SUBPART 1—COMPREHENSIVE REGIONAL CENTERS
‘‘Sec. 2301. Findings.
‘‘Sec. 2302. Purpose.
‘‘Sec. 2303. Program authorized.
‘‘Sec. 2304. Eligible entities.
‘‘Sec. 2305. Comprehensive regional centers.
‘‘Sec. 2306. Information collection and evaluation.
‘‘Sec. 2307. Transition.
‘‘Sec. 2308. Authorization of appropriations.
‘‘SUBPART 2—NATIONAL DIFFUSION NETWORK
‘‘Sec. 2311. Program authorized.
‘‘Sec. 2312. Authorization of appropriations.
‘‘SUBPART 3—EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION
CONSORTIUMS
‘‘Sec. 2321. Program established.
‘‘Sec. 2322. Use of funds.
‘‘Sec. 2323. Application and review.
‘‘Sec. 2324. Regional boards.
‘‘Sec. 2325. Payments; Federal share; non-Federal share.
‘‘Sec. 2326. Evaluation.
‘‘Sec. 2327. Definitions.
‘‘Sec. 2328. Authorization of appropriations.
‘‘PART D—TERRITORIAL TEACHER TRAINING PROGRAM
‘‘Sec. 2401. Territorial teacher training program.
‘‘PART E—TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR
MATHEMATICS
‘‘Sec. 2501. Project authorized.
‘‘Sec. 2502. Application required.
‘‘Sec. 2503. Authorization of appropriations.
‘‘TITLE III—TECHNOLOGY FOR EDUCATION
‘‘Sec. 3001. Short title.
‘‘PART A—TECHNOLOGY FOR EDUCATION FOR ALL STUDENTS
‘‘Sec. 3111. Findings.
‘‘Sec. 3112. Statement of purpose.
‘‘Sec. 3113. Definitions.
‘‘SUBPART 1—NATIONAL PROGRAMS IN TECHNOLOGY FOR EDUCATION
‘‘Sec. 3121. Purposes.
‘‘Sec. 3122. Federal leadership.
‘‘Sec. 3123. Regional technical support and professional development.
‘‘Sec. 3124. Educational technology product development.
‘‘Sec. 3125. Research on educational applications of advanced technologies.
‘‘Sec. 3126. High performance computing and telecommunications networks for
education.
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‘‘Sec. 3127. Study, evaluation and report of funding alternatives.
‘‘SUBPART 2—STATE AND LOCAL PROGRAMS FOR SCHOOL TECHNOLOGY
RESOURCES, TECHNICAL SUPPORT, AND PROFESSIONAL DEVELOPMENT
‘‘Sec. 3131. Statement of purpose.
‘‘Sec. 3132. School technology resource grants.
‘‘SUBPART 3—SPECIAL RULE APPLICABLE TO APPROPRIATIONS
‘‘Sec. 3141. Special rule.
‘‘PART B—STAR SCHOOLS PROGRAM
‘‘Sec. 3201. Short title.
‘‘Sec. 3202. Purpose.
‘‘Sec. 3203. Grants authorized.
‘‘Sec. 3204. Eligible telecommunications partnerships.
‘‘Sec. 3205. Applications.
‘‘Sec. 3206. Leadership and evaluation activities.
‘‘Sec. 3207. Administrative provisions.
‘‘Sec. 3208. Other assistance.
‘‘Sec. 3209. Definitions.
‘‘PART C—READY-TO-LEARN TELEVISION
‘‘Sec. 3301. Ready-to-learn.
‘‘Sec. 3302. Educational programming.
‘‘Sec. 3303. Duties of Secretary.
‘‘Sec. 3304. Applications.
‘‘Sec. 3305. Reports and evaluation.
‘‘Sec. 3306. Administrative costs.
‘‘Sec. 3307. Definition.
‘‘Sec. 3308. Authorization of appropriations.
‘‘PART D—ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
‘‘Sec. 3401. Short title.
‘‘Sec. 3402. Statement of purpose.
‘‘Sec. 3403. Program authorized.
‘‘Sec. 3404. Allotments of funds.
‘‘Sec. 3405. State application.
‘‘Sec. 3406. Local application.
‘‘Sec. 3407. Program requirements.
‘‘Sec. 3408. Federal administration.
‘‘Sec. 3409. Authorization of appropriations.
‘‘PART E—ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA
RESOURCES PROGRAM
‘‘Sec. 3501. Program authorized.
‘‘Sec. 3502. Funding requirements.
‘‘Sec. 3503. State plans.
‘‘Sec. 3504. Distribution of allocation to local educational agencies.
‘‘PART F—BUDDY SYSTEM COMPUTER EDUCATION
‘‘Sec. 3601. Short title.
‘‘Sec. 3602. Purpose.
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‘‘Sec. 3603. Grant authorization.
‘‘Sec. 3604. Program requirements.
‘‘Sec. 3605. Applications.
‘‘Sec. 3606. Use of funds.
‘‘Sec. 3607. Evaluation.
‘‘Sec. 3608. Authorization of appropriations.
‘‘TITLE IV—MAGNET SCHOOLS ASSISTANCE
‘‘Sec. 4101. Findings.
‘‘Sec. 4102. Statement of purpose.
‘‘Sec. 4103. Program authorized.
‘‘Sec. 4104. Definition.
‘‘Sec. 4105. Eligibility.
‘‘Sec. 4106. Applications and requirements.
‘‘Sec. 4107. Priority.
‘‘Sec. 4108. Use of funds.
‘‘Sec. 4109. Prohibitions.
‘‘Sec. 4110. Limitation on payments.
‘‘Sec. 4111. Innovative programs.
‘‘Sec. 4112. Authorization of appropriations; reservation.
‘‘TITLE V—BETTER SCHOOLS FOR AMERICA
‘‘PART A—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
‘‘Sec. 5101. Findings.
‘‘Sec. 5102. Purpose.
‘‘Sec. 5103. Authorization of appropriations.
‘‘SUBPART 1—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
‘‘Sec. 5111. Reservations and allotments.
‘‘Sec. 5112. State applications.
‘‘Sec. 5113. State and local educational agency programs.
‘‘Sec. 5114. Governor’s programs.
‘‘Sec. 5115. Local applications.
‘‘Sec. 5116. Local drug and violence prevention programs.
‘‘Sec. 5117. Evaluation and reporting.
‘‘Sec. 5118. Programs for Hawaiian Natives.
‘‘SUBPART 2—NATIONAL PROGRAMS
‘‘Sec. 5121. Federal activities.
‘‘Sec. 5122. Grants to institutions of higher education.
‘‘SUBPART 3—GENERAL PROVISIONS
‘‘Sec. 5131. Definitions.
‘‘Sec. 5132. Materials.
‘‘Sec. 5133. Prohibited uses of funds.
‘‘PART B—ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
‘‘Sec. 5201. Short title.
‘‘Sec. 5202. Purpose.
‘‘Sec. 5203. Grants to local educational agencies.
‘‘Sec. 5204. Application.
‘‘Sec. 5205. Authorized activities.
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‘‘Sec. 5206. Distribution of assistance; limitation on costs.
‘‘Sec. 5207. Reports.
‘‘Sec. 5208. Authorization of appropriations.
‘‘TITLE VI—INDIAN EDUCATION
‘‘Sec. 6001. Findings.
‘‘Sec. 6002. Purpose.
‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
‘‘Sec. 6101. Purpose.
‘‘Sec. 6102. Grants to local educational agencies.
‘‘Sec. 6103. Amount of grants.
‘‘Sec. 6104. Applications.
‘‘Sec. 6105. Authorized services and activities.
‘‘Sec. 6106. Student eligibility and forms.
‘‘Sec. 6107. Payments.
‘‘PART B—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
‘‘Sec. 6201. Improvement of educational opportunities for Indian children.
‘‘Sec. 6202. Professional development.
‘‘Sec. 6203. Fellowships for Indian students.
‘‘Sec. 6204. Gifted and talented.
‘‘Sec. 6205. Grants for evaluation and technical assistance.
‘‘Sec. 6206. Grants to tribes for education administrative planning and develop-
ment.
‘‘PART C—SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
‘‘Sec. 6301. Improvment of educational opportunities for adult Indians.
‘‘PART D—NATIONAL RESEARCH ACTIVITIES
‘‘Sec. 6401. National activities.
‘‘PART E—FEDERAL ADMINISTRATION
‘‘Sec. 6501. National advisory council on Indian education.
‘‘Sec. 6502. Peer review.
‘‘Sec. 6503. Preference for Indian applicants.
‘‘Sec. 6504. Minimum grant criteria.
‘‘PART E—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
‘‘Sec. 6601. Definitions.
‘‘Sec. 6602. Authorizations of appropriations.
‘‘Sec. 6603. Cross references.
‘‘TITLE VII—LANGUAGE ENHANCEMENT AND ACQUISITION
PROGRAMS
‘‘PART A—BILINGUAL EDUCATION PROGRAMS
‘‘Sec. 7101. Short title.
‘‘Sec. 7102. Findings.
‘‘Sec. 7103. Policy; authorization of appropriations.
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‘‘Sec. 7104. Definitions.
‘‘Sec. 7105. Native American and Alaska Native children in school.
‘‘SUBPART 1—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION
‘‘Sec. 7111. Financial assistance for bilingual education.
‘‘SUBPART 2—RESEARCH AND EVALUATION
‘‘Sec. 7121. Authority.
‘‘Sec. 7122. Research.
‘‘Sec. 7123. Academic excellence awards.
‘‘Sec. 7124. State grant program.
‘‘Sec. 7125. National Clearinghouse for Bilingual Education.
‘‘Sec. 7126. Evaluations.
‘‘SUBPART 3—PROFESSIONAL DEVELOPMENT
‘‘Sec. 7131. Purpose.
‘‘Sec. 7132. Professional development grants.
‘‘Sec. 7133. Fellowships.
‘‘Sec. 7134. Stipends.
‘‘PART B—FOREIGN LANGUAGE ASSISTANCE PROGRAM
‘‘Sec. 7201. Short title.
‘‘Sec. 7202. Findings.
‘‘Sec. 7203. Program authorized.
‘‘Sec. 7204. Applications.
‘‘Sec. 7205. Elementary school foreign language incentive program.
‘‘Sec. 7206. Authorization of appropriations.
‘‘PART C—ADMINISTRATION
‘‘Sec. 7301. Coordination with related programs.
‘‘Sec. 7302. Report on bilingual education.
‘‘Sec. 7303. State educational agency recommendations; peer review.
‘‘PART D—SPECIAL RULE
‘‘Sec. 7401. Special rule.
‘‘TITLE VIII—PROGRAMS OF NATIONAL SIGNIFICANCE
‘‘PART A—ARTS IN EDUCATION
‘‘Sec. 8101. Support for arts education.
‘‘PART B—INEXPENSIVE BOOK DISTRIBUTION PROGRAM
‘‘Sec. 8151. Inexpensive book distribution program for reading motivation.
‘‘PART C—PUBLIC CHARTER SCHOOLS
‘‘Sec. 8201. Findings and purpose.
‘‘Sec. 8202. Program authorized.
‘‘Sec. 8203. Applications.
‘‘Sec. 8204. Administration.
‘‘Sec. 8205. National activities.
‘‘Sec. 8206. Definitions.
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‘‘Sec. 8207. Authorization of appropriations.
‘‘PART D—CIVIC EDUCATION
‘‘Sec. 8251. Instruction on the history and principles of democracy in the United
States.
‘‘Sec. 8252. Instruction in civics, government, and the law.
‘‘Sec. 8253. Report; authorization of appropriations.
‘‘PART E—ALLEN J. ELLENDER FELLOWSHIP PROGRAM
‘‘Sec. 8301. Findings.
‘‘SUBPART 1—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS
‘‘Sec. 8311. Establishment.
‘‘Sec. 8312. Applications.
‘‘SUBPART 2—PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS
‘‘Sec. 8321. Establishment.
‘‘Sec. 8322. Applications.
‘‘SUBPART 3—PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT
PARENTS AND OLDER AMERICANS
‘‘Sec. 8331. Establishment.
‘‘Sec. 8332. Applications.
‘‘SUBPART 4—GENERAL PROVISIONS
‘‘Sec. 8341. Administrative provisions.
‘‘Sec. 8342. Authorization of appropriations.
‘‘PART F—GIFTED AND TALENTED CHILDREN
‘‘Sec. 8401. Short title.
‘‘Sec. 8402. Findings and purposes.
‘‘Sec. 8403. Construction.
‘‘Sec. 8404. Authorized programs.
‘‘Sec. 8405. Program priorities.
‘‘Sec. 8406. General provisions.
‘‘Sec. 8407. Authorization of appropriations.
‘‘PART G—WOMEN’S EDUCATIONAL EQUITY
‘‘Sec. 8451. Short title; findings.
‘‘Sec. 8452. Statement of purposes.
‘‘Sec. 8453. Program authorized.
‘‘Sec. 8454. Applications.
‘‘Sec. 8455. Criteria and priorities.
‘‘Sec. 8456. Report.
‘‘Sec. 8457. Evaluation and dissemination.
‘‘Sec. 8458. Authorization of appropriations.
‘‘PART H—FUND FOR THE IMPROVEMENT OF EDUCATION
‘‘Sec. 8501. Fund for the Improvement of Education.
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‘‘PART I—BLUE RIBBON SCHOOLS
‘‘Sec. 8551. Blue Ribbon Schools program.
‘‘PART J—NATIONAL STUDENT AND PARENT MOCK ELECTION
‘‘Sec. 8601. National student and parent mock election.
‘‘PART K—ELEMENTARY SCHOOL COUNSELING DEMONSTRATION
‘‘Sec. 8651. Short title.
‘‘Sec. 8652. Findings and purpose.
‘‘Sec. 8653. Authorization of appropriations.
‘‘Sec. 8654. Program authority.
‘‘Sec. 8655. Applications.
‘‘Sec. 8656. Use of funds.
‘‘Sec. 8657. Definitions.
‘‘PART L—21ST CENTURY COMMUNITY LEARNING CENTERS
‘‘Sec. 8701. Short title.
‘‘Sec. 8702. Findings.
‘‘Sec. 8703. Program authorization.
‘‘Sec. 8704. Application required.
‘‘Sec. 8705. Uses of funds.
‘‘Sec. 8706. Definitions.
‘‘Sec. 8707. Authorization of appropriations.
‘‘PART M—MODEL PROJECTS
‘‘Sec. 8751. Model projects.
‘‘PART N—EXTENDING TIME FOR LEARNING
‘‘Sec. 8801. Findings.
‘‘Sec. 8802. Purpose.
‘‘Sec. 8803. Program authorized.
‘‘Sec. 8804. Application.
‘‘Sec. 8805. Authorized activities.
‘‘Sec. 8806. Administration.
‘‘Sec. 8807. Definitions.
‘‘Sec. 8808. Authorization of appropriations.
‘‘PART O—LONGER SCHOOL YEAR
‘‘Sec. 8851. Short title.
‘‘Sec. 8852. Findings.
‘‘Sec. 8853. Purpose.
‘‘Sec. 8854. Program authorized.
‘‘Sec. 8855. Application.
‘‘Sec. 8856. Appropriations authorization.
‘‘PART P—CREATING SMALLER LEARNING COMMUNITIES
‘‘Sec. 8871. Findings.
‘‘Sec. 8872. Purpose.
‘‘Sec. 8873. Program authorized.
‘‘Sec. 8874. Application.
‘‘Sec. 8875. Authorized activities.
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‘‘Sec. 8876. Administration.
‘‘Sec. 8877. Authorization of appropriations.
‘‘PART Q—PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT
‘‘Sec. 8901. Program authorized.
‘‘Sec. 8902. State educational agency applications.
‘‘Sec. 8903. Evaluation and program development.
‘‘Sec. 8904. Elements of character.
‘‘Sec. 8905. Use of funds.
‘‘Sec. 8906. Selection of grantees.
‘‘PART R—ALASKA NATIVE EDUCATION
‘‘Sec. 8921. Short title.
‘‘Sec. 8922. Findings.
‘‘Sec. 8923. Purpose.
‘‘Sec. 8924. Alaska Native educational planning, curriculum development, teacher
training and recruitment program.
‘‘Sec. 8925. Alaska Native home based education for preschool children.
‘‘Sec. 8926. Alaska Native student enrichment programs.
‘‘Sec. 8927. Administrative provisions.
‘‘Sec. 8928. Definitions.
‘‘PART S—PROMOTING SCHOLAR-ATHLETE COMPETITIONS
‘‘Sec. 8931. Findings.
‘‘Sec. 8932. Purpose.
‘‘Sec. 8933. Program authorized.
‘‘PART T—COMMUNITY SCHOOL PARTNERSHIPS
‘‘Sec. 8941. Short title.
‘‘Sec. 8942. Findings.
‘‘Sec. 8943. Definitions.
‘‘Sec. 8944. Purpose; endowment grant authority.
‘‘Sec. 8945. Grant agreement and requirements.
‘‘Sec. 8946. Continuing eligibility.
‘‘Sec. 8947. Authorization of appropriations.
‘‘TITLE IX—SPECIAL PROGRAMS
‘‘PART A—IMPACT AID
‘‘Sec. 9001. Purpose.
‘‘Sec. 9002. Payments relating to Federal acquisition of real property.
‘‘Sec. 9003. Payments for eligible federally connected children.
‘‘Sec. 9004. Policies and procedures relating to children residing on Indian lands.
‘‘Sec. 9005. Application for payments under sections 9002 and 9003.
‘‘Sec. 9006. Payments for sudden and substantial increases in attendance of mili-
tary dependents.
‘‘Sec. 9007. Construction.
‘‘Sec. 9008. Facilities.
‘‘Sec. 9009. Treatment of payments by the States in determining eligibility for,
and the amount of, State aid.
‘‘Sec. 9010. Federal administration.
‘‘Sec. 9011. Administrative hearings and judicial review.
‘‘Sec. 9012. Forgiveness of overpayments.
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‘‘Sec. 9013. Definitions.
‘‘Sec. 9014. Authorization of appropriations.
‘‘PART B—EMERGENCY IMMIGRANT EDUCATION PROGRAM
‘‘Sec. 9201. Findings; purpose; definition.
‘‘Sec. 9202. State administrative costs.
‘‘Sec. 9203. Withholding.
‘‘Sec. 9204. State allocations.
‘‘Sec. 9205. State applications.
‘‘Sec. 9206. Administrative provisions.
‘‘Sec. 9207. Uses of funds.
‘‘Sec. 9208. Reports.
‘‘Sec. 9209. Authorization of appropriations.
‘‘Sec. 9210. Communications between federally funded government agencies and
the Immigration and Naturalization Service.
‘‘PART C—NATIVE HAWAIIAN EDUCATION
‘‘Sec. 9301. Short title.
‘‘Sec. 9302. Findings.
‘‘Sec. 9303. Purpose.
‘‘Sec. 9304. Native Hawaiian curriculum development, teacher training and re-
cruitment program.
‘‘Sec. 9305. Native Hawaiian community-based education learning centers.
‘‘Sec. 9306. Native Hawaiian family-based education centers.
‘‘Sec. 9307. Native Hawaiian higher education program.
‘‘Sec. 9308. Native Hawaiian gifted and talented program.
‘‘Sec. 9309. Native Hawaiian special education program.
‘‘Sec. 9310. Native Hawaiian Education Council and island councils.
‘‘Sec. 9311. Administrative provisions.
‘‘Sec. 9312. Definitions.
‘‘PART D—TERRITORIAL ASSISTANCE
‘‘Sec. 9401. General assistance for the Virgin Islands.
‘‘TITLE X—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘Sec. 10101. Definitions.
‘‘Sec. 10102. Applicability of this title.
‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
‘‘Sec. 10201. Consolidation of State administrative funds for elementary and sec-
ondary education programs.
‘‘Sec. 10202. Single local educational agency States.
‘‘Sec. 10203. Consolidation of funds for local administration.
‘‘Sec. 10204. Administrative funds study.
‘‘Sec. 10205. Consolidated set-aside for Department of the Interior funds.
‘‘Sec. 10206. Availability of unneeded program funds.
‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
‘‘Sec. 10301. Purpose.
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‘‘Sec. 10302. Optional consolidated State application.
‘‘Sec. 10303. General applicability of State educational agency assurances.
‘‘Sec. 10304. Consolidated local applications.
‘‘Sec. 10305. Other general assurances.
‘‘Sec. 10306. Relationship of State and local plans to plans under the Goals 2000:
Educate America Act.
‘‘PART D—WAIVERS
‘‘Sec. 10401. Waivers of statutory and regulatory requirements.
‘‘PART E—UNIFORM PROVISIONS
‘‘Sec. 10501. Maintenance of effort.
‘‘Sec. 10502. Prohibition regarding State aid.
‘‘Sec. 10503. Participation by private school children and teachers.
‘‘Sec. 10504. Standards for by-pass.
‘‘Sec. 10505. Complaint process for participation of private school children.
‘‘Sec. 10506. By-pass determination process.
‘‘Sec. 10507. Prohibition against funds for religious worship or instruction.
‘‘PART F—OTHER PROVISIONS
‘‘Sec. 10601. State recognition of exemplary performance.
‘‘Sec. 10602. Applicability to home schools.
‘‘Sec. 10603. General provision regarding nonrecipient nonpublic schools.
‘‘Sec. 10604. Prohibition on Federal mandates, direction, and control.
‘‘Sec. 10605. Report.
‘‘Sec. 10606. Required participation prohibited.
‘‘Sec. 10607. School prayer.
‘‘Sec. 10608. Privately managed schools.
‘‘Sec. 10609. Policy regarding criminal justice system referral.
‘‘PART G—EVALUATIONS
‘‘Sec. 10701. Evaluations.
‘‘TITLE XI—CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN
AND YOUTH
‘‘Sec. 11101. Short title.
‘‘Sec. 11102. Findings.
‘‘Sec. 11103. Demonstration program.
‘‘Sec. 11104. Authorized activities.
‘‘Sec. 11105. Planning subgrants.
‘‘Sec. 11106. Payments; amounts of award; cost share; limitations.
‘‘Sec. 11107. Models.
‘‘Sec. 11108. Authorization of appropriations.
‘‘TITLE XII—DISCLOSURE REQUIREMENTS
‘‘Sec. 12001. Definitions.
‘‘Sec. 12002. Disclosure requirements.
‘‘Sec. 12003. Nondiscriminatory enrollment and service policy.
‘‘Sec. 12004. Enforcement.
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‘‘PART A—URBAN SCHOOLS
‘‘Sec. 16101. Short title.
‘‘Sec. 16102. Findings.
‘‘Sec. 16103. Purpose.
‘‘SUBPART 1—URBAN SCHOOL IMPROVEMENT
‘‘Sec. 16121. Allocation of funds.
‘‘Sec. 16122. Application.
‘‘Sec. 16123. Planning period.
‘‘Sec. 16124. Uses of funds.
‘‘Sec. 16125. Accountability.
‘‘Sec. 16126. Incentive awards to exemplary programs.
‘‘Sec. 16127. Special rules.
‘‘SUBPART 2—GENERAL PROVISIONS
‘‘Sec. 16131. White House Conference on Urban Education.
‘‘PART B—RURAL SCHOOLS
‘‘Sec. 16201. Short title.
‘‘Sec. 16202. Findings.
‘‘Sec. 16203. Purpose.
‘‘SUBPART 1—RURAL SCHOOL IMPROVEMENT
‘‘Sec. 16221. Allotment of funds.
‘‘Sec. 16222. Application.
‘‘Sec. 16223. Planning period.
‘‘Sec. 16224. Uses of funds.
‘‘Sec. 16225. Accountability.
‘‘Sec. 16226. Incentive awards to exemplary programs.
‘‘SUBPART 2—GENERAL PROVISIONS
‘‘Sec. 16231. White House Conference on Rural Education.
‘‘PART C—AUTHORIZATION OF APPROPRIATIONS
‘‘Sec. 16301. Authorization of appropriations.
‘‘TITLE XVII—GUN-FREE SCHOOLS
‘‘Sec. 17001. Gun-free requirements.
‘‘TITLE 
I—HELPING 
CHILDREN
IN NEED MEET HIGH STAND-
ARDS
‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF
PURPOSE.
‘‘(a) STATEMENT OF POLICY.—
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‘‘(1) IN GENERAL.—The Congress declares it to
be the policy of the United States that a high-quality
education for all individuals and a fair and equal op-
portunity to obtain that education are a societal good,
are a moral imperative, and improve the life of every
individual, because the quality of our individual lives
ultimately depends on the quality of the lives of oth-
ers.
‘‘(2) ADDITIONAL POLICY.—The Congress further
declares it to be the policy of the United States to ex-
pand the program authorized by this title over the fis-
cal years 1995 through 1999 by increasing funding
for this title by at least $750,000,000 over baseline
each fiscal year and thereby increasing the percentage
of eligible children served in each fiscal year with the
intent of serving all eligible children by fiscal year
2004.
‘‘(b) RECOGNITION OF NEED.—The Congress recog-
nizes that—
‘‘(1) although the achievement gap between dis-
advantaged children and other children has been re-
duced by half over the past two decades, a sizable gap
remains, and many segments of our society lack the
opportunity to become well educated;
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‘‘(2) the most urgent need for educational im-
provement is in schools with high concentrations of
children from low-income families and achieving the
National Education Goals will not be possible without
substantial improvement in such schools;
‘‘(3) educational needs are particularly great for
low-achieving children in our Nation’s highest-poverty
schools, children with limited-English proficiency,
children of migrant workers, children with disabil-
ities, Indian children, children who are neglected or
delinquent, and young children and their parents who
are in need of family-literacy services; and
‘‘(4) in order for all students to master challeng-
ing standards in core academic subjects as described
in the third National Education Goal described in
section 102(3) of the Goals 2000: Educate America
Act, students and schools will need to maximize the
time spent on teaching and learning the core aca-
demic subjects, and students who receive pullout in-
struction at the expense of core academic subject
learning time can fall further behind in learning the
core academic subjects.
‘‘(c) WHAT HAS BEEN LEARNED SINCE 1988.—To en-
able schools to provide all children a high-quality education,
this title builds upon the following learned information:
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‘‘(1) All children can master challenging content
and complex problem-solving skills. Research clearly
shows that children, including low-achieving children,
can succeed when expectations are high and all chil-
dren are given the opportunity to learn challenging
material.
‘‘(2) Piecemeal reform, particularly when not
tied to an overall vision of teaching to, and helping
all children reach, high standards does not work.
‘‘(3) Use of low-level tests that are not aligned
with schools’ curricula fails to provide adequate infor-
mation about what children know and can do and en-
courages curricula and instruction that focus on low-
level skills measured by those tests.
‘‘(4) Resources are effective when children have
full access to quality regular school programs and re-
ceive supplemental help through extended-time activi-
ties.
‘‘(5) Intensive and sustained professional devel-
opment for teachers and other school staff, focused on
teaching and learning and on helping children attain
high standards, is too often not provided.
‘‘(6) All parents can contribute to their chil-
dren’s success by helping at home and becoming part-
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ners with teachers so that children can achieve high
standards.
‘‘(7) Decentralized decisionmaking is a key in-
gredient of systemic reform. Schools need the re-
sources, flexibility, and authority to design and im-
plement effective strategies for bringing their children
to high levels of performance.
‘‘(8) Opportunities for students to achieve to
high standards can be enhanced through a variety of
approaches such as public school choice and charter
schools.
‘‘(9) Attention to academics alone cannot ensure
that all children will reach high standards. The health
and other needs of children that affect learning are
frequently 
unmet, 
particularly 
in 
high-poverty
schools, thereby necessitating coordination of services
to better meet children’s needs.
‘‘(10) Resources provided under this title have
not been adequately targeted on the highest-poverty
school districts and schools that have children most in
need.
‘‘(11) Equitable and sufficient resources, particu-
larly as such resources relate to the quality of the
teaching force, have an integral relationship to high
student achievement.
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‘‘(d) STATEMENT OF PURPOSE.—The purpose of this
title is to enable schools to provide opportunities for chil-
dren served to acquire the same basic and advanced skills
and knowledge as children not served under this title. This
purpose shall be accomplished by—
‘‘(1) ensuring high standards and aligning the
efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards;
‘‘(2) providing children an enriched and acceler-
ated educational program, including, when appro-
priate, the use of the arts and humanities, through
schoolwide programs or through additional services
that increase the amount and quality of instructional
time;
‘‘(3) promoting schoolwide reform and access of
children, from the earliest grades, to effective instruc-
tional strategies and challenging academic content
that support intensive complex thinking and problem-
solving experiences;
‘‘(4) significantly upgrading the quality of in-
struction by providing staff in participating schools
with substantial opportunities for ongoing profes-
sional development;
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‘‘(5) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with health and social serv-
ice programs funded from other sources;
‘‘(6) affording parents meaningful opportunities
to participate in the education of their children at
home and at school;
‘‘(7) distributing resources, in amounts sufficient
to make a difference, to areas where needs are great-
est;
‘‘(8) improving accountability, as well as teach-
ing and learning, by using State assessment systems
designed to measure how well children served under
this title are achieving high State student perform-
ance standards expected of all children;
‘‘(9) providing greater decisionmaking authority
and flexibility to schools in exchange for greater re-
sponsibility for student performance; and
‘‘(10) encouraging the development of innovative
models for recruitment, induction, retention, and as-
sessment of new, highly qualified teachers, especially
such teachers from historically underrepresented
groups.
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‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) LOCAL EDUCATIONAL AGENCY GRANTS.—For the
purpose of carrying out part A of this title, other than sec-
tion 1117(e), there are authorized to be appropriated
$7,500,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(b) EVEN START.—For the purpose of carrying out
part C, there are authorized to be appropriated
$120,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the
purpose of carrying out part D, there are authorized to be
appropriated $310,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the 4 succeeding fiscal
years.
‘‘(d) EDUCATION FOR NEGLECTED OR DELINQUENT
YOUTH.—For the purpose of carrying out part E, there are
authorized to be appropriated $40,000,000 for fiscal year
1995 and such sums as may be necessary for each of the
4 succeeding fiscal years.
‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying
out section 1117(e), there are authorized to be appropriated
$45,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
‘‘(f) FEDERAL ACTIVITIES.—
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‘‘(1) SECTION 1601.—For the purpose of carrying
out section 1601, there are authorized to be appro-
priated $10,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘(2) SECTION 1602.—For the purpose of carrying
out section 1602, there are authorized to be appro-
priated $20,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘PART A—MAKING HIGH-POVERTY SCHOOLS
WORK
‘‘Subpart 1—Basic Program Requirements
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—
‘‘(1) IN GENERAL.—Any State desiring to receive
a grant under this part shall submit to the Secretary
a plan, developed in consultation with local edu-
cational agencies, teachers, pupil services personnel,
administrators, other staff, and parents, that satisfies
the requirements of this section.
‘‘(2) CONSOLIDATION PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidation plan under section 10302.
‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—
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‘‘(1) IN GENERAL.—(A) Each State plan shall
describe—
‘‘(i) the high-quality academic standards for
all children that will be used by the State, its
local educational agencies, and its schools in sub-
jects, as determined by the State, to carry out
this part, and for those subjects for which a State
does not have standards and students are served
under this part, describe a process for ensuring
that such students are taught the same knowledge
and skills and held to the same expectations as
all children;
‘‘(ii)(I) two levels of high performance, pro-
ficient and advanced, that determine how well
children are mastering the material in the State
content standards; and
‘‘(II) a third level, partially proficient, to
provide complete information about the progress
of the lower-performing children toward achiev-
ing to the proficient and advanced levels of per-
formance; and
‘‘(iii) the steps the State will take to help
each local educational agency and school affected
by the State plan develop the capacity to comply
with each of the requirements of sections
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1112(c)(3), 1114(b), and 1115(c) that is applica-
ble to such agency or school.
‘‘(B) If a State has State content standards or
State student performance standards developed under
title III of the Goals 2000: Educate America Act or
an aligned set of assessments for all students devel-
oped under such title, or if not developed under such
title, adopted under another process, the State shall
use those standards and assessments, modified, if nec-
essary, to conform with the requirements of para-
graphs (1)(A)(i), (2), and (3).
‘‘(C) If a State has not adopted State content
standards and State student performance standards
for all students, the State plan shall include a strat-
egy for developing State content standards and State
student performance standards for elementary and
secondary school children served under this part in
subjects as determined by the State, including at least
mathematics, and reading or language arts, which
standards shall include the same knowledge, skills,
and levels of performance expected of all children, and
for those subjects for which a State will not develop
standards and students are served under this part, in-
clude a strategy for developing a process for ensuring
that such students are taught the same knowledge and
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skills and held to the same expectations as all chil-
dren.
‘‘(2) ADEQUATE YEARLY PROGRESS.—(A) Each
State plan shall include a description, based on as-
sessments described under paragraph (3), of what con-
stitutes adequate yearly progress of—
‘‘(i) any school served under this part to-
ward enabling all children to meet the State’s
student performance standards; and
‘‘(ii) any local educational agency that re-
ceives funds under this part toward enabling all
children within its jurisdiction to meet the
State’s student performance standards.
‘‘(B) Adequate yearly progress under this para-
graph shall be defined in a manner that results in
continuous and substantial yearly improvement of
each local educational agency and school sufficient to
achieve the goal of all children served under this part
meeting the State’s proficient and advanced level of
performance, particularly eligible children described
in section 1115(b).
‘‘(3) ASSESSMENTS.—Each State plan shall in-
clude a description of the set of high-quality, yearly
student assessments, including at least mathematics,
and reading or language arts, in one grade in each
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school, that will be used as the primary means of de-
termining the yearly performance of each local edu-
cational agency and school served under this part in
enabling all children served under this part to meet
the State’s student performance standards. Such as-
sessments shall—
‘‘(A) be the same assessments used to meas-
ure the performance of all children, if the State
measures the performance of all children;
‘‘(B) be aligned with such State’s content
standards in subjects for which the State has de-
veloped standards in accordance with subpara-
graph (A) or (C) of paragraph (1);
‘‘(C) involve multiple measures of student
performance, including measures that assess
higher order thinking skills and understanding;
‘‘(D) provide for—
‘‘(i) the participation in such assess-
ments of all students with diverse learning
needs; and
‘‘(ii) the adaptations and accommoda-
tions necessary to permit such participa-
tion;
‘‘(E) be used for the purposes for which they
are valid and reliable and be consistent with rel-
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evant, nationally recognized professional and
technical standards for such assessments, except
that assessment measures that do not satisfy the
requirements of this subparagraph may be in-
cluded as one of the multiple measures, so long
as a State includes in the State plan informa-
tion regarding the State’s efforts to validate such
measures;
‘‘(F) be capable of providing coherent infor-
mation about student attainments relative to the
State content standards;
‘‘(G) support effective curriculum and in-
struction;
‘‘(H) provide individual student interpre-
tive and descriptive reports, which may include
scores and other information on the attainment
of student performance standards;
‘‘(I) provide statistically reliable results for
economically 
disadvantaged 
children
disaggregated by gender, major ethnic or racial
groups, limited-English proficient children, chil-
dren with disabilities, migratory children, and
other educationally meaningful categories of chil-
dren;
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‘‘(J) include students who have resided in
the area served by a local educational agency for
a full academic year but have not attended a
single school served by such agency for a full
academic year, except that the performance of
students who have attended more than one school
in the local educational agency in any academic
year shall be used only in determining the
progress of the local educational agency, unless
the State provides otherwise; and
‘‘(K) particularly for assessments given in
kindergarden, or grades one or two, be devel-
opmentally appropriate.
‘‘(4) OTHER INDICATORS.—Each State plan may
include a description of any other indicators, such as
rates of attendance, graduation, and school-to-work or
school-to-college transition, that will be used in addi-
tion to the assessments required by paragraph (3) in
determining the yearly performance of each local edu-
cational agency and school served under this part.
‘‘(5) TRANSITIONAL STATEWIDE ASSESSMENTS.—
(A)(i) If a State does not have State content stand-
ards and State student performance standards that
meet the requirements of paragraph (1) or assess-
ments that meet the requirements of paragraph (3),
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the State may propose to use, for a transitional pe-
riod of not more than two years, a transitional state-
wide set of yearly assessments, including at least
mathematics, and reading or language arts, in one
grade in each school, that measure the performance of
complex skills and challenging subject matter.
‘‘(ii) Each State using the transitional assess-
ments described in clause (i) shall develop benchmarks
of progress toward the development of assessments
that meet the requirements of paragraph (3), includ-
ing periodic updates.
‘‘(B)(i) The Secretary may extend for two addi-
tional years the use of the transitional assessments de-
scribed in subparagraph (A) upon the request of a
State and a showing of substantial progress toward
meeting the requirements of paragraphs (1) and (3),
particularly paragraph (3)(C).
‘‘(ii) A State that is denied the two-year exten-
sion or renewal under clause (i) or is granted such
an extension or renewal, but after two additional
years does not have State content standards and State
student performance standards that meet the require-
ments of paragraph (1) or assessments that meet the
requirements of paragraph (3), shall adopt a set of
such standards and aligned assessments, such as those
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contained in other State plans the Secretary has ap-
proved.
‘‘(C) For any year during which a State is using
transitional assessments the State shall devise a pro-
cedure for identifying local educational agencies
under subsections (c)(3) and (c)(7) of section 1118
and schools under subsections (b)(1) and (b)(6) of sec-
tion 1118 that relies on accurate information about
the academic progress of each such local educational
agency and school.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND
LEARNING.—Each State plan shall contain assurances
that—
‘‘(1) the State educational agency will imple-
ment a system of school support teams under section
1119(b), including provision of necessary professional
development for those teams;
‘‘(2) the State educational agency will provide
the least restrictive and burdensome regulations for
local educational agencies and individual schools par-
ticipating in a program assisted under this part;
‘‘(3) the State educational agency will fulfill its
local educational agency and school improvement re-
sponsibilities under section 1118; and
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‘‘(4) the State educational agency will encourage
the use of funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs
under section 1114.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) establish a peer review process to assist
in the review and recommendations for revision
of State plans;
‘‘(B) following an initial peer review, ap-
prove a State plan the Secretary determines
meets the requirements of subsections (b) and (c);
‘‘(C) if the Secretary determines that the
State plan does not meet the requirements of sub-
section (b) or (c), immediately notify the State
of that determination and the reasons for such
determination;
‘‘(D) not finally disapprove a State’s plan
before offering the State an opportunity to revise
its plan and provide technical assistance to as-
sist the State to meet the requirements of sub-
sections (b) and (c); and
‘‘(E) not require a State, as a condition of
approval of the State plan, to include in, or de-
lete from, such plan one or more specific ele-
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ments of the State’s content standards or to use
specific assessment instruments or items.
‘‘(2) WITHHOLDING.—The Secretary may with-
hold funds for State administration and activities
under section 1119 until the Secretary determines
that the State plan meets the requirements of this sec-
tion.
‘‘(e) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of the
State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(2) ADDITIONAL
INFORMATION.—If the State
makes significant changes in its plan, such as the
adoption of new State content standards and State
student performance standards, new assessments, or a
new definition of adequate progress, the State shall
submit such information to the Secretary.
‘‘(f) SPECIAL RULE.—If the aggregate State expendi-
ture by a State educational agency for the operation of ele-
mentary and secondary education programs in the State
is less than such agency’s aggregate Federal expenditure for
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progress being made toward meeting
the State student performance stand-
ards 
described 
in 
section
1111(b)(2)(A); and
‘‘(II) aid in instruction, in im-
proving the performance of individual
students, and in revising the local edu-
cational agency or school’s instruc-
tional program to enable all children
served under this part to meet the
State student performance standards
described in section 1111(b)(2)(A);
‘‘(ii) will be selected and administered
by teachers; and
‘‘(iii) will be aligned with curriculum
and constitute an integral part of the in-
structional program;
‘‘(B) at the local educational agency’s dis-
cretion, a description of any other indicators,
such as rates of attendance, graduation, and
school-to-work or school-to-college transition, that
will be used in addition to the assessments de-
scribed in subparagraph (A) for the uses de-
scribed in clause (i) of such subparagraph;
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‘‘(C) a description of the strategy the local
educational agency will use to provide ongoing
professional development for teachers, pupil serv-
ices personnel, administrators, parents and other
staff, including local educational agency level
staff, that—
‘‘(i) takes into account the needs and
activities across and within schools; and
‘‘(ii) draws on resources available
under this part, other Federal resources,
and, at the local educational agency’s dis-
cretion, other State and local resources;
‘‘(D) a description of the poverty criteria
that will be used to select school attendance areas
under section 1113;
‘‘(E) a description of how teachers, in con-
sultation with parents, administrators, and
pupil services personnel, in targeted assistance
schools under section 1115 will identify those eli-
gible children most in need of services under this
part;
‘‘(F) a general description of the nature of
the programs to be conducted by its schools
under sections 1114 and 1115 and, where appro-
priate, educational services outside those schools
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for children living in local institutions for ne-
glected or delinquent children, for neglected and
delinquent children in community day school
programs, and for eligible homeless children;
‘‘(G) a description of how the local edu-
cational agency, where appropriate, will use
funds under this part to support preschool pro-
grams for children, particularly children partici-
pating in a Head Start or Even Start program,
which services may be provided directly by the
local educational agency or through a sub-
contract with the local Head Start agency des-
ignated by the Secretary of Health and Human
Services under section 641 of the Head Start
Act, or another comparable public early child-
hood development program; and
‘‘(H) a description of how the local edu-
cational agency, as part of a comprehensive
school reform effort, will, where appropriate and
feasible as determined by such agency, use funds
provided under this part to reduce class size to
15 students.
‘‘(2) FILING
AND
APPROVAL.—Notwithstanding
paragraph (1), each local educational agency plan
shall be filed according to a schedule established by
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the State educational agency, except that a local edu-
cational agency shall have not more than 2 years
from the date of enactment of the Improving Ameri-
ca’s Schools Act of 1994 to have such plan approved
by the State educational agency.
‘‘(c) ASSURANCES.—Each local educational agency
plan shall provide assurances that the local educational
agency will—
‘‘(1) work in consultation with schools as the
schools develop their plans pursuant to section 1114
or 1118 and assist schools as schools implement those
plans so that each school can make adequate yearly
progress toward meeting the State content standards
and State student performance standards;
‘‘(2)(A) inform eligible schools and parents of
schoolwide project authority; and
‘‘(B) provide technical assistance and support to
schoolwide programs;
‘‘(3) fulfill its school improvement responsibil-
ities under section 1118;
‘‘(4) give priority to serving students in the ear-
lier grades of schools that receive funds under this
part;
‘‘(5) provide services to eligible children attend-
ing private elementary and secondary schools in ac-
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cordance with section 1117, and timely and meaning-
ful consultation with private school officials regarding
such services;
‘‘(6) consistent with the provisions of section
10306, coordinate and integrate services provided
under this part with other educational services, in-
cluding—
‘‘(A) Even Start, Head Start, and other
preschool programs, and school-to-work transi-
tion programs; and
‘‘(B) services for children with limited-Eng-
lish proficiency or with disabilities, migratory
children served under part D, neglected or delin-
quent children served under part E, homeless
children, and immigrant children, in order to
increase program effectiveness, eliminate dupli-
cation, and reduce fragmentation of the chil-
dren’s instructional program;
‘‘(7) coordinate and collaborate, to the extent fea-
sible and necessary as determined by the local edu-
cational agency, with school-based pupil services per-
sonnel where appropriate, and with other agencies
providing services to children, youth, and families,
including health and social services;
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‘‘(8) where appropriate and feasible as deter-
mined by the local educational agency, establish a
procedure to ensure that all children in participating
elementary schools receive two health screenings dur-
ing the elementary school years at appropriate inter-
vals based on reasonable pediatric standards; and
‘‘(9) in the case that a State chooses to utilize
funds under this part to provide early childhood de-
velopment services to low-income children below the
age of compulsory school attendance, ensure that such
services comply with the performance standards estab-
lished under section 641A(a) of the Head Start Act or
under section 651 of such Act, as such section 651
was in effect on the day preceding the date of enact-
ment of the Human Services Amendments of 1994.
‘‘(d) PLAN DEVELOPMENT
AND DURATION.—Each
local educational agency plan shall—
‘‘(1) be developed in consultation with teachers,
pupil services personnel and parents of children in
schools served under this part;
‘‘(2) remain in effect for the duration of the local
educational agency’s participation under this part;
and
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‘‘(3) be periodically reviewed and revised, as nec-
essary, to reflect changes in the local educational
agency’s strategies and programs.
‘‘(e) STATE APPROVAL.—The State educational agency
shall approve a local educational agency’s plan only if the
State educational agency determines that the local edu-
cational agency’s plan will enable schools served under this
part to substantially help all children served under this
part meet the standards described in section 1111(b)(1).
‘‘(f) PROGRAM
RESPONSIBILITY.—The local edu-
cational agency plan shall reflect the shared responsibility
of the local educational agency and schools in making deci-
sions required under sections 1114 and 1115.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
‘‘(a) IN GENERAL.—
‘‘(1) IN GENERAL.—A local educational agency
shall use funds received under this part only in eligi-
ble school attendance areas.
‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—
For the purposes of this part—
‘‘(A) the term ‘school attendance area’
means, in relation to a particular school, the
geographical area in which the children who are
normally served by that school reside; and
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‘‘(B) the term ‘eligible school attendance
area’ means a school attendance area in which
the percentage of children from low-income fami-
lies is equal to or greater than the percentage of
children—
‘‘(i) from low-income families served
by the local educational agency as a whole;
or
‘‘(ii) served by the local educational
agency as a whole who are eligible to par-
ticipate in a schoolwide program under sec-
tion 1114.
‘‘(3) SERVING SCHOOLS IN RANK ORDER.—Each
local educational agency receiving assistance under
this part shall—
‘‘(A) first serve in rank order schools in
which the concentration of children from low-in-
come families is 75 percent or greater;
‘‘(B) then serve in rank order schools in
which such concentration is at least 50 percent
and less than 75 percent with rank order deter-
mined at the discretion of the local education
agency according to grade span or school; and
‘‘(C) finally serve in rank order schools in
which such concentration is below 50 percent
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with rank order determined according to grade
span or by school.
‘‘(4) MEASURES.—The local educational agency
shall use the same measure of low-income, which such
agency shall choose on the basis of the best available
verifiable data and which may be a composite of sev-
eral indicators, with respect to all school attendance
areas in the local educational agency to—
‘‘(A) identify eligible school attendance
areas;
‘‘(B) determine the ranking of each such
area; and
‘‘(C) determine allocations under subsection
(c).
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Notwithstanding subsection (a)(1), a local educational
agency may use funds received under this part in a school
that is not in an eligible school attendance area, if the per-
centage of children from low-income families enrolled in the
school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency.
‘‘(c) ALLOCATIONS.—
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‘‘(1) IN GENERAL.—A local educational agency
shall allocate funds received under this part to eligible
school attendance areas or eligible schools—
‘‘(A) identified under subsection (a)(3)(A),
in rank order, on the basis of the total number
of children from low-income families in each
such area or school; and
‘‘(B) identified under subparagraphs (B)
and (C) of subsection (a)(3) or under subsection
(b), in rank order, on the basis of the total num-
ber of children from low-income families in
grade levels served in each such area or school.
‘‘(2) SPECIAL RULE.—(A) Except as provided in
subparagraph (B), the per pupil amount of funds al-
located to each school attendance area or school under
paragraph (1) shall be at least 65 percent of the per
pupil amount of funds a local educational agency re-
ceived for that year under the poverty criterion de-
scribed by the local educational agency in the plan
submitted under section 1112, except that this para-
graph shall not apply to a local educational agency
that only serves schools in which the percentage of
such children is 50 percent or greater.
‘‘(B) A local educational agency may reduce the
amount of funds allocated under subparagraph (A)
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for a school attendance area or school by the amount
of any supplemental State and local funds expended
in that school attendance area or school for programs
that meet the requirements of section 1114 or 1115.
‘‘(3) RESERVATION.—A local educational agency
shall reserve such funds as are necessary under this
part to provide services comparable to those provided
to children in schools funded under this part to
serve—
‘‘(A) eligible homeless children who do not
attend participating schools, including providing
educationally related support services to children
in shelters, where appropriate;
‘‘(B) children living in local institutions for
neglected or delinquent children; and
‘‘(C) where appropriate, neglected and de-
linquent children in community day school pro-
grams.
‘‘(d) INAPPLICABILITY.—
‘‘(1) IN GENERAL.—Subsections (a) and (c) shall
not apply—
‘‘(A) to a local educational agency with a
total enrollment of less than 1,000 children, ex-
cept that such agency shall serve school attend-
ance areas or schools in rank order according to
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grade span or school on the basis of the total
number of children from low-income families in
grade levels served in such area or school; or
‘‘(B) to a school participating in a desegre-
gation program where the number of economi-
cally disadvantaged children served by the school
is equal to or greater than 100 or equal to or
greater than 25 percent of such school’s total stu-
dent enrollment.
‘‘(2) SPECIAL RULE.—(A) Except as provided in
subparagraph (B), the per pupil amount of funds al-
located to each school attendance area or school de-
scribed in paragraph (1) shall be at least 65 percent
of the per pupil amount of funds the local educational
agency serving such area or school received for that
year under the poverty criterion described by such
agency in the plan submitted under section 1112, ex-
cept that this paragraph shall not apply to a local
educational agency that only serves schools in which
the percentage of children from low-income families is
50 percent or greater.
‘‘(B) A local educational agency described in
subparagraph (A) may reduce the amount of funds
allocated under such subparagraph for a school at-
tendance area or school by the amount of any supple-
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mental State and local funds expended in such area
or school for programs that meet the requirements of
section 1114 or 1115.
‘‘(e) OPTIONAL ASSIGNMENT.—A local educational
agency with a total enrollment of greater than 900,000 chil-
dren may, to the extent feasible, use funds received under
this part to serve children from low-income families who
reside in school attendance areas having high concentra-
tions of children from low-income families, who otherwise
meet the eligibility requirements of this part, and who at-
tend schools in noneligible attendance areas.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.—
‘‘(1) IN GENERAL.—A local educational agency
may use funds under this part, in combination with
other Federal, State, and local funds, in order to up-
grade the entire educational program in a school de-
scribed in subparagraph (A) or (B) if, for the initial
year of the schoolwide program, the school meets ei-
ther of the following criteria:
‘‘(A) The school serves an eligible school at-
tendance area in which at least 30 percent of the
children—
‘‘(i) are from low-income families; and
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‘‘(ii) are eligible for a free or reduced
price lunch or show evidence of poverty by
other criteria, such as eligibility under the
aid to families with dependent children pro-
gram under part A of title IV of the Social
Security Act.
‘‘(B) At least 30 percent of the children en-
rolled in the school are from families meeting the
requirements of clauses (i) and (ii) of subpara-
graph (A).
‘‘(2) IDENTIFICATION.—(A) No school participat-
ing in a schoolwide program shall be required to
identify particular children as eligible to participate
in a schoolwide program or to provide supplemental
services to such children.
‘‘(B) A school participating in a schoolwide pro-
gram shall use funds available to carry out this sec-
tion only to supplement the amount of funds that
would, in the absence of funds under this part, be
made available from non-Federal sources for the
school, including funds needed to provide services that
are required by law for children with disabilities and
children with limited-English proficiency.
‘‘(3) SPECIAL RULE.—(A) Except as provided in
subsection (b), the Secretary may, through publication
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of a notice in the Federal Register, exempt schoolwide
programs under section 1114 from statutory or regu-
latory provisions of any other noncompetitive, for-
mula grant program administered by the Secretary,
or any discretionary grant program administered by
the Secretary (other than formula or discretionary
grant programs under the Individuals with Disabil-
ities Education Act), to support schoolwide programs,
if the intent and purposes of such other programs are
met. Such notice shall not be subject to the require-
ments in section 431 of the General Education Provi-
sions Act or section 553 of title 5, United States Code.
‘‘(B) A school that chooses to use funds from such
other programs shall not be relieved of the require-
ments relating to health, safety, civil rights, gender
equity, student and parental participation and in-
volvement, services to private school children, mainte-
nance of effort, comparability of services, uses of Fed-
eral funds to supplement, not supplant non-Federal
funds, or the distribution of funds to State or local
educational agencies that apply to the receipt of funds
from such programs.
‘‘(4) RESERVATION.—Each school receiving funds
under this title for any fiscal year shall use not less
than 10 percent of such funds to carry out the activi-
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ties described in subsection (b)(1)(D) for such fiscal
year, except that—
‘‘(A) a school may enter into a consortium
with another school to carry out such activities;
and
‘‘(B) this paragraph shall not apply to a
school if 10 percent of the funds such school re-
ceives under this title for such year is less than
$5,000.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
‘‘(1) IN GENERAL.—A schoolwide program shall
include the following components:
‘‘(A) A comprehensive needs assessment of
the entire school that is based on information on
the performance of children in relation to the
State content standards and the State student
performance standards described in section
1111(b)(1).
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all chil-
dren to meet the State’s proficient and ad-
vanced levels of performance described in
section 1111(b)(1)(A);
‘‘(ii) are based on effective means of
improving the achievement of children;
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‘‘(iii) use effective instructional strate-
gies that—
‘‘(I) increase the amount and
quality of learning time; and
‘‘(II) help provide an enriched
and accelerated curriculum;
‘‘(iv)(I) address the needs of all chil-
dren in the school, but particularly the
needs of economically disadvantaged chil-
dren, low-achieving children, children with
limited-English proficiency, children with
disabilities, children from migratory fami-
lies, and children who are members of the
target population of any program that is
included in the schoolwide program, which
may include—
‘‘(aa) counseling, pupil services,
and mentoring services;
‘‘(bb) college and career awareness
and preparation, such as college and
career guidance, enhancement of em-
ployability skills, and job placement
services;
‘‘(cc) services to prepare students
for the transition from school to work;
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‘‘(dd) services to assist preschool
children in the transition from early
childhood 
programs 
to 
elementary
school programs;
‘‘(ee) incorporation of gender-eq-
uitable methods and practices; and
‘‘(ff) after school and summer pro-
grams; and
‘‘(II) address how the school will deter-
mine if such needs have been met; and
‘‘(v) are consistent with, and are de-
signed to implement, the State and local
improvement plans, if any, approved under
title III of the Goals 2000: Educate America
Act.
‘‘(C)(i) Instruction by highly qualified pro-
fessional staff.
‘‘(ii) If a school uses funds received under
this part to employ instructional aides, the
school shall ensure that such aides—
‘‘(I) possess the knowledge and skills
sufficient to assist participating children in
meeting the educational goals of this part;
‘‘(II) have a secondary school diploma
or its recognized equivalent, or earn such
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diploma or equivalent within 2 years of
such employment, except that a school may
employ an instructional aide that does not
meet the requirement of this subclause if
such aide possesses proficiency in a lan-
guage other than English that is needed to
enhance the participation of children in
programs under this part; and
‘‘(III) are under the direct supervision
of a teacher who has primary responsibility
for providing instructional services to eligi-
ble children.
‘‘(D) In accordance with subsection (a)(4),
ongoing professional development for teachers,
pupil services personnel, parents, principals, and
other staff to enable all children in the school to
meet the State’s student performance standards.
Such activities shall be jointly developed by the
principal, teachers, and other staff of each school.
‘‘(E) Parental involvement in accordance
with section 1116.
‘‘(F) Development and use of teacher se-
lected assessments as described in section
1112(b)(1)(A)(ii) for providing information on
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and improving the performance of individual
students and the overall instructional program.
‘‘(G) Measures to ensure that students who
experience difficulty mastering any of the stand-
ards required by section 1111(b) during the
course of the school year shall be provided with
effective, timely additional assistance, which
shall include—
‘‘(i) measures to ensure that students’
difficulties are identified on a timely basis
and to provide sufficient information on
which to base effective assistance;
‘‘(ii) to the extent the school determines
feasible using funds under this part, peri-
odic training for teachers in how to identify
such difficulties and to provide assistance to
individual students; and
‘‘(iii) for any student who has not met
such standards, teacher-parent conferences,
at which time the teacher and parents shall
discuss—
‘‘(I) what the school will do to
help the student meet such standards;
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‘‘(II) what the parents can do to
help the student improve the student’s
performance; and
‘‘(III) additional assistance which
may be available to the student at the
school or elsewhere in the community.
‘‘(2) PLAN.—(A) Any eligible school that desires
to operate a schoolwide program shall first develop (or
amend a plan for such a program that was in exist-
ence before the date of enactment of the Improving
America’s Schools Act of 1994), in consultation with
the local educational agency, a comprehensive plan
for reforming the total instructional program in the
school that—
‘‘(i) incorporates the components described
in paragraph (1);
‘‘(ii) describes how the school will use re-
sources under this part and from other sources to
implement those components;
‘‘(iii) includes a list of State and local edu-
cational agency programs and other Federal pro-
grams under paragraph (a)(3) that will be in-
cluded in the schoolwide program;
‘‘(iv) describes how the school will provide
valid and reliable individual student assessment
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results, including an interpretation of those re-
sults, to the parents of any child who partici-
pates in the assessment required by section
1111(b)(3); and
‘‘(v) provides for statistically reliable data
on the achievement and assessment results of eco-
nomically disadvantaged children disaggregated
by gender, major ethnic or racial groups, chil-
dren with disabilities, and, where appropriate,
limited-English proficient children.
‘‘(B) Plans developed before a State has adopted
standards and a set of assessments that meet the cri-
teria described in paragraphs (1) and (3) of section
1111(b) shall be based on an analysis of available
data on the achievement of students in the school and
effective instructional and school improvement prac-
tices.
‘‘(C) The comprehensive plan shall be—
‘‘(i) developed over a one-year period, un-
less—
‘‘(I) the local educational agency deter-
mines that less time is needed to develop
and implement the schoolwide program; or
‘‘(II) 
the 
school 
is 
operating 
a
schoolwide program on the day preceding
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the date of enactment of the Improving
America’s Schools Act of 1994, in which
case such school may continue to operate
that program, but shall develop a new plan
during the first year of assistance under
such Act to reflect the provisions of this sec-
tion;
‘‘(ii) developed by a school-site council com-
posed of those individuals who will implement
the plan, including teachers, pupil services per-
sonnel, parents, principals, and other staff;
‘‘(iii) in effect for the duration of the
school’s participation under this part and re-
viewed and revised, as necessary, by the school;
and
‘‘(iv) available to the local educational
agency, parents, and the public, and the infor-
mation contained in such plan shall be trans-
lated, to the extent feasible, into any language
that a significant percentage of the parents of
participating children in the school speak as
their primary language.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
‘‘(a) IN GENERAL.—In all schools selected to receive
funds under section 1113(c) that are ineligible for a
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schoolwide program under section 1114, or that choose not
to operate such a schoolwide program, a local educational
agency may use funds received under this part only for pro-
grams that provide services to economically disadvantaged
children identified by teachers, in consultation with par-
ents, administrators, and pupil services personnel, as hav-
ing the greatest academic need for special assistance.
‘‘(b) ELIGIBLE CHILDREN.—
‘‘(1) ELIGIBLE POPULATION.—A child shall be el-
igible for services under this part if—
‘‘(A) except as provided in subparagraphs
(B), (C), and (D), the school serving such child
determines that such child is economically dis-
advantaged, and such child—
‘‘(i)(I) is not older than age 21 and is
entitled to a free public education through
grade 12; and
‘‘(II) is not yet at a grade level where
the local educational agency provides a free
public education, yet is of an age at which
such child can benefit from an organized in-
structional program provided in a school or
other educational setting; or
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‘‘(ii) is a child with a disability, a
limited-English proficient child, or a mi-
grant child;
‘‘(B) the child, at any time in the two years
preceding the year for which the determination
is made, received services under the program for
neglected and delinquent children under part E
(or its predecessor authority);
‘‘(C) the child is homeless and attending
any school in the local educational agency; and
‘‘(D) the child, at any time in the two years
preceding the year for which the determination
is made, participated in a Head Start or Even
Start program.
‘‘(2) SPECIAL RULE.—Funds received under this
part may not be used to provide services that are oth-
erwise required by law to be made available to chil-
dren described in subparagraphs (B), (C), and (D) of
paragraph (1) but may be used to coordinate or sup-
plement such services.
‘‘(c) COMPONENTS
OF
A
TARGETED
ASSISTANCE
SCHOOL PROGRAM.—
‘‘(1) IN GENERAL.—To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
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under this part the opportunity to meet the State’s
student performance standards in subjects as deter-
mined by the State, each targeted assistance program
under this section shall—
‘‘(A) use such program’s resources under
this part to help participating children meet
such State student performance standards ex-
pected for all children;
‘‘(B) be based on effective means for improv-
ing achievement of children;
‘‘(C) ensure that planning for students
served under this part is incorporated into exist-
ing school planning;
‘‘(D) use effective instructional strategies
that—
‘‘(i) increase the amount and quality
of learning time;
‘‘(ii) help provide an accelerated, high-
quality curriculum; and
‘‘(iii) minimize isolating eligible chil-
dren from other children in the school dur-
ing regular school hours;
‘‘(E) coordinate with and support the regu-
lar education program, which may include—
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‘‘(i) counseling, mentoring and other
pupil services;
‘‘(ii) college and career awareness and
preparation, such as college and career
guidance, enhancement of employability
skills, and job placement services;
‘‘(iii) services to prepare students for
the transition from school to work; and
‘‘(iv) services to assist preschool chil-
dren in the transition from early childhood
programs to elementary school programs;
‘‘(F) provide instruction by highly qualified
staff;
‘‘(G) if such program employs instructional
aides, ensure that such aides—
‘‘(i) possess the knowledge and skills
sufficient to assist participating children in
meeting the purposes of this title;
‘‘(ii) have a secondary school diploma
or its recognized equivalent, or earn such
diploma or equivalent within 2 years of
such employment, except that an instruc-
tional aide that does not meet the require-
ment of this clause may be employed if such
aide possesses a tested proficiency in Eng-
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ards and State student performance standards;
and
‘‘(B) providing individual student assess-
ment results, including an explanation of those
results, to the parents of any child who partici-
pates in the assessment required by section
1111(b)(3).
‘‘(d) SPECIAL RULES.—
‘‘(1) COMPREHENSIVE SERVICES.—If health, nu-
trition, and other social services are not otherwise
available to eligible children in a targeted assistance
school and such school, if appropriate, has engaged in
a comprehensive needs assessment and established a
collaborative partnership with local service providers,
and if funds are not reasonably available from other
public or private sources to provide services under
this part, then funds provided under this part may
be used as a last resort to provide such services, in-
cluding—
‘‘(A) the provision of basic medical equip-
ment, such as eyeglasses and hearing aids;
‘‘(B) compensation of a coordinator; and
‘‘(C) professional development for teachers,
pupil services personnel, other staff, and parents
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in identifying and meeting the comprehensive
needs of eligible children.
‘‘(2) RESERVATION.—Each school receiving funds
under this title for any fiscal year shall use not less
than 10 percent of such funds to carry out the activi-
ties described in subsection (c)(1)(H) for such fiscal
year, except that—
‘‘(A) a school may enter into a consortium
with another school to carry out such activities;
and
‘‘(B) this paragraph shall not apply to a
school if 10 percent of the funds such school re-
ceives under this title for such year is less than
$5,000.
‘‘(e) ASSIGNMENT OF PERSONNEL.—To promote the
integration of staff supported with funds under this part
and children served under this part into the regular school
program and overall school planning and improvement ef-
forts, public school personnel who are paid with funds re-
ceived under this part may—
‘‘(1) assume limited duties that are assigned to
similar personnel who are not so paid, including du-
ties beyond classroom instruction or that do not bene-
fit participating children so long as the amount of
time spent on such duties is the same proportion of
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total work time as prevails with respect to similar
personnel at the same school;
‘‘(2) participate in general professional develop-
ment and school planning activities; and
‘‘(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit par-
ticipating children.
‘‘(f) SPECIAL RULE.—Nothing in this section shall be
construed to prohibit a school from serving students served
under this section simultaneously with students with simi-
lar educational needs, in the same educational settings
where appropriate.
‘‘SEC. 1116. PARENTAL INVOLVEMENT.
‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy that receives funds under this part shall develop
jointly with, agree upon with, and distribute to, par-
ents of participating children a written parent in-
volvement policy that is incorporated into the local
educational agency’s plan developed under section
1112, establishes the expectations for parent involve-
ment, and describes how the local educational agency
will—
‘‘(A) involve parents in the joint develop-
ment and approval of the plan described under
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section 1112, and the process of school review
and improvement described under section 1118;
‘‘(B) provide the coordination, technical as-
sistance, and other support necessary to assist
participating schools in planning and imple-
menting effective parent involvement;
‘‘(C) build the schools’ and parents’ capac-
ity for strong parent involvement as described in
subsection (e);
‘‘(D) coordinate and integrate parent in-
volvement strategies described in this part with
those under other programs; and
‘‘(E) ensure that participating schools—
‘‘(i) review the effectiveness of their
parent involvement activities on an ongoing
basis;
‘‘(ii) identify and take steps to remove
any barriers to greater parental involve-
ment, including barriers resulting in lower
rates of participation in the parent involve-
ment activities by parents who are economi-
cally disadvantaged, are disabled, have lim-
ited literacy, have limited-English pro-
ficiency, or are from any racial or ethnic
minority background; and
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‘‘(iii) use the findings of such reviews
in—
‘‘(I) designing strategies for school
improvement; and
‘‘(II) revising, if necessary, the
parent involvement policies described
in this subsection and subsection
(b)(1).
‘‘(2) AMENDMENT.—If the local educational
agency has a school district-level parental involve-
ment policy that applies to all parents, such agency
may amend that policy, if necessary, to meet the re-
quirements of this subsection.
‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—
‘‘(1) IN
GENERAL.—Each school served under
this part shall jointly develop with, and distribute to,
parents of participating children a written parent in-
volvement policy, agreed upon by such parents, that
shall describe the means for carrying out the require-
ments of subsections (c) through (f). Such policy shall
be updated periodically to meet the changing needs of
parents and the school.
‘‘(2) SPECIAL RULE.—If the school has a paren-
tal involvement policy that applies to all parents,
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such school may amend that policy, if necessary, to
meet the requirements of this subsection.
‘‘(c) POLICY INVOLVEMENT.—Each school served under
this part shall—
‘‘(1) convene an annual meeting, at a convenient
time, to which all parents of participating children
shall be invited and encouraged to attend, to inform
parents of their school’s participation under this part
and to explain this part, its requirements, and their
right to be involved;
‘‘(2) offer a flexible number of meetings, such as
meetings in the morning or evening, and may pro-
vide, with funds provided under this part, transpor-
tation, child care, or home visits, as such services re-
late to parental involvement;
‘‘(3) involve parents, in an organized, ongoing,
and timely way, in the planning, review, and im-
provement of programs under this part, including the
school parental involvement policy and the joint de-
velopment and approval of the schoolwide program
plan under section 1114(b), except that if a school has
in place a process for involving parents in the joint
planning, design, and approval of its programs, the
school may use that process, provided that such proc-
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ess includes an adequate representation of parents of
participating children; and
‘‘(4) provide parents of participating children—
‘‘(A) timely information about programs
under this part;
‘‘(B) school performance profiles required
under section 1118(a)(3);
‘‘(C) a description and explanation of the
curriculum in use at the school, the forms of as-
sessment used to measure student progress, and
the proficiency levels students are expected to
meet;
‘‘(D) opportunities for regular meetings to
formulate suggestions, share experiences with
other parents, and participate as appropriate in
decisions relating to the education of their chil-
dren if such parents so desire; and
‘‘(E) timely responses to the suggestions de-
scribed in subparagraph (E).
‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT
PERFORMANCE.—As a component of the school-level paren-
tal involvement policy developed under subsection (b), each
school served under this part shall jointly develop with par-
ents for all children served under this part a school-parent
compact that outlines how parents, the entire school staff,
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and students will share the responsibility for improved stu-
dent achievement and the means by which the school and
parents will build and develop a partnership to help chil-
dren achieve the State’s high standards. Such compact
shall—
‘‘(1) describe the school’s responsibility to pro-
vide high-quality curriculum and instruction in a
supportive and effective learning environment that
enables the children served under this part to meet the
State’s student performance standards, and the ways
in which each parent will be responsible for support-
ing their children’s learning, such as monitoring at-
tendance, homework completion, television watching,
volunteering in their child’s classroom, and partici-
pating as appropriate in decisions relating to the
education of their children, and positive use of extra-
curricular time; and
‘‘(2) address the importance of communication
between teachers and parents on an ongoing basis
through, at a minimum—
‘‘(A) parent-teacher conferences in elemen-
tary schools, at least annually, during which the
compact shall be discussed as the compact relates
to the individual child’s achievement;
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‘‘(B) frequent reports to parents on their
children’s progress; and
‘‘(C) reasonable access to staff, opportunities
to volunteer and participate in their child’s
class, and observation of classroom activities.
‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To en-
sure effective involvement of parents and to support a part-
nership among the school, parents, and the community to
improve student achievement, each school and local edu-
cational agency shall—
‘‘(1) provide assistance to participating parents
in such areas as understanding the National Edu-
cation Goals, the State’s content standards and State
student performance standards, State and local as-
sessments, the requirements of this part, and how to
monitor their children’s progress and work with edu-
cators to improve the performance of their children as
well as information on how parents can participate
in decisions relating to the education of their chil-
dren;
‘‘(2) provide materials and training, such as
necessary literacy training that is not otherwise
available from other sources to help parents work with
their children to improve their children’s achievement;
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‘‘(3) educate teachers, pupil services personnel,
principals and other staff, with the assistance of par-
ents, in the value and utility of contributions of par-
ents, and in how to reach out to, communicate with,
and work with parents as equal partners, implement
and coordinate parent programs, and build ties be-
tween home and school;
‘‘(4) coordinate and integrate parent involve-
ment programs and activities with Head Start, Even
Start, home instruction programs for preschool
youngsters and Parents as Teachers, and public pre-
school programs, to the extent feasible;
‘‘(5) other activities, as appropriate and feasible,
such as parent resource centers and providing oppor-
tunities for parents to learn about child development
and child rearing issues beginning at the birth of a
child, designed to help parents become full partners in
the education of their children; and
‘‘(6) provide such other reasonable support for
parental involvement activities under this section as
parents may request.
‘‘(f) PARENTAL INFORMATION AND RESOURCE CEN-
TERS.—In States where parental information and resource
centers have been established pursuant to section 401 of the
Goals 2000: Educate America Act of 1994 (to providing
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training, information, and support to parents and individ-
uals who work with parents) local educational agencies and
schools receiving assistance under this part shall assist par-
ents and parent organizations by informing such parents
and organizations of the existence and purpose of such cen-
ters, providing such parents and organizations with a de-
scription of the services and programs provided by such cen-
ters, advising parents on how to use such centers, and help-
ing parents to contact such centers.
‘‘(g) ACCESSIBILITY.—In carrying out the parental in-
volvement requirements of this part, local educational agen-
cies and schools, to the extent practicable, shall provide full
opportunities for the participation of parents with limited-
English proficiency or with disabilities, including provid-
ing information and school profiles in a language and form
such parents understand.
‘‘SEC. 1117. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) GENERAL REQUIREMENT.—
‘‘(1) IN GENERAL.—To the extent consistent with
the number of eligible children identified according to
section 1115(b) in a local educational agency who are
enrolled in private elementary and secondary schools,
a local educational agency shall, after timely and
meaningful consultation with appropriate private
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school officials, provide such children, on an equitable
basis, special educational services or other benefits
under this part.
‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—
Such educational services or other benefits, including
materials and equipment, must be secular, neutral,
and nonideological.
‘‘(3) EQUITY.—Educational services and other
benefits for such private school children shall be equi-
table in comparison to services and other benefits for
public school children participating under this part.
‘‘(4) EXPENDITURES.—Expenditures for edu-
cational services and other benefits to eligible private
school children shall be equal to the proportion of
funds allocated to participating school attendance
areas based on the number of children from low-in-
come families who attend private schools.
‘‘(5) PROVISION OF SERVICES.—The local edu-
cational agency may provide such services directly or
through contracts with public and private agencies,
organizations, and institutions.
‘‘(b) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and mean-
ingful consultation, a local educational agency shall
consult with appropriate private school officials dur-
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ing the design and development of the agency’s pro-
grams under this part, on issues such as—
‘‘(A) how the children’s needs will be identi-
fied;
‘‘(B) what services will be offered;
‘‘(C) how and where the services will be pro-
vided; and
‘‘(D) how the services will be assessed.
‘‘(2) TIMING.— Such consultation shall occur be-
fore the local educational agency makes any decision
that affects the opportunities of eligible private school
children to participate in programs under this part.
‘‘(3) DISCUSSION.—Such consultation shall in-
clude a discussion of service delivery mechanisms a
local educational agency can use to provide equitable
services to eligible private school children.
‘‘(c) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds pro-
vided under this part, and title to materials, equip-
ment, and property purchased with those funds, shall
be in a public agency, and a public agency shall ad-
minister such funds and property.
‘‘(2) PROVISION OF SERVICES.—(A) The provi-
sion of services under this section shall be provided—
‘‘(i) by employees of a public agency; or
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‘‘(ii) through contract by such public agency
with an individual, association, agency, or orga-
nization.
‘‘(B) In the provision of such services, such em-
ployee, person, association, agency, or organization
shall be independent of such private school and of any
religious organization, and such employment or con-
tract shall be under the control and supervision of
such public agency.
‘‘(3) VERIFIABLE DOCUMENTATION.—An official
of each private school assisted under this part shall
provide to the local educational agency the verifiable
documentation necessary to determine the propor-
tionate allocation amount under subsection (a)(4) on
which the provision of equitable services under this
section will be based.
‘‘(d) STANDARDS
FOR
A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for the
participation on an equitable basis of eligible children en-
rolled in private elementary and secondary schools or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such par-
ticipation, as required by this section, the Secretary shall—
‘‘(1) waive the requirements of this section for
such local educational agency; and
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‘‘(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 10505
and 10506.
‘‘(e) CAPITAL EXPENSES.—
‘‘(1) IN GENERAL.—(A) From the amount appro-
priated for this subsection under section 1002(e) for
any fiscal year, each State is eligible to receive an
amount that bears the same ratio to the amount so
appropriated as the number of private school children
who received services under this part in the State in
the most recent year for which data satisfactory to the
Secretary are available bears to the number of such
children in all States in that same year.
‘‘(B) The Secretary shall reallocate any amounts
allocated under subparagraph (A) that are not used
by a State for the purpose of this subsection to other
States on the basis of their respective needs, as deter-
mined by the Secretary.
‘‘(2) CAPITAL
EXPENSES.—(A) A local edu-
cational agency may apply to the State educational
agency for payments for capital expenses consistent
with this subsection.
‘‘(B) State educational agencies shall distribute
such funds under this subsection to local educational
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agencies based on the degree of need set forth in their
respective applications for assistance under this sub-
section.
‘‘(3) USES OF FUNDS.—Any funds appropriated
to carry out this subsection shall be used only for cap-
ital expenses incurred to provide equitable services for
private school children under this section.
‘‘(4) DEFINITION.—For the purpose of this sub-
section, the term ‘capital expenses’ means—
‘‘(A) 
expenditures 
for 
noninstructional
goods and services, such as the purchase, lease, or
renovation of real and personal property, includ-
ing mobile educational units and leasing of neu-
tral sites or spaces;
‘‘(B) insurance and maintenance costs;
‘‘(C) transportation; and
‘‘(D) other comparable goods and services.
‘‘SEC. 1118. ASSESSMENT AND LOCAL EDUCATIONAL AGEN-
CY AND SCHOOL IMPROVEMENT.
‘‘(a) LOCAL REVIEW.—Each local educational agency
receiving funds under this part shall—
‘‘(1) use the State assessments described in the
State plan;
‘‘(2) use any additional measures or indicators
described in the local educational agency’s plan to re-
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view annually the progress of each school served under
this part to determine whether the school is meeting,
or making adequate progress as defined in section
1111(b)(2)(A)(i) toward enabling its students to meet
the State’s student performance standards described
in the State plan;
‘‘(3) publicize and disseminate to teachers and
other staff, parents, students, and the community the
results of the annual review under paragraph (1) of
all schools served under this part in individual school
performance profiles that include disaggregated re-
sults as required by section 1111(b)(3)(I); and
‘‘(4) provide the results of the local annual re-
view to schools so that the local educational agency
can continually refine the program of instruction to
help all children served under this part in those
schools meet the State’s student performance stand-
ards.
‘‘(b) SCHOOL IMPROVEMENT.—
‘‘(1) IN
GENERAL.—(A) A local educational
agency shall identify for school improvement any
school served under this part that—
‘‘(i) has been in program improvement
under section 1020 of the Elementary and Sec-
ondary Education Act of 1965 (as such section
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was in effect on the day preceding the date of en-
actment of the Improving America’s Schools Act
of 1994), for at least two consecutive school years
prior to such day;
‘‘(ii) has not made adequate progress as de-
fined 
in 
the 
State’s 
plan 
under 
section
1111(b)(2)(A)(i) for two consecutive school years,
except that—
‘‘(I) this subparagraph shall not apply
to a school if almost every student in such
school is meeting the State’s advanced level
of performance; or
‘‘(II) in the case of a school that is not
operating a schoolwide program such school
may be reviewed on the progress of only
those students that have been, are, or will
be, served under this part; or
‘‘(iii) has failed to meet the criteria estab-
lished by the State through the State’s transi-
tional procedure under section 1111(b)(5)(C) for
two consecutive years.
‘‘(B) Before identifying a school for school im-
provement under paragraph (1), the local educational
agency shall provide the school with an opportunity
to review the school-level data, including assessment
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data, on which such identification is based. If the
school believes that such identification for school im-
provement is in error, such school may provide evi-
dence to the local educational agency to support such
belief.
‘‘(2) REQUIREMENT.—(A) Each school identified
under paragraph (1) shall—
‘‘(i) in consultation with parents, the local
educational agency, and the school support team,
develop or revise a school plan in ways that have
the greatest likelihood of improving the perform-
ance of participating children in meeting the
State’s student performance standards; and
‘‘(ii) submit the plan to the local edu-
cational agency for approval.
‘‘(B) During the first year immediately following
identification under paragraph (1), the school shall
implement such school’s plan.
‘‘(3) TECHNICAL ASSISTANCE.—For each school
identified under paragraph (1), the local educational
agency shall provide technical assistance as the school
develops and implements such school’s plan.
‘‘(4) CORRECTIVE ACTION.—(A) The local edu-
cational agency may take corrective action at any
time against a school that has been identified under
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paragraph (1), but, during the third year following
identification under paragraph (1), shall take such
action against any school that still fails to make ade-
quate progress.
‘‘(B)(i) Corrective actions are those, consistent
with State and local law, determined and made pub-
lic and disseminated by the local educational agency,
which may include—
‘‘(I) withholding funds;
‘‘(II) an aggressive joint plan between the
local educational agency and the school that ad-
dresses specific elements of student performance
problems and that specifies school and local re-
sponsibilities under the plan;
‘‘(III) interagency collaborative agreements
between the school and other public agencies to
provide health, counseling, and other social serv-
ices needed to remove barriers to learning;
‘‘(IV) waivers or modifications of require-
ments of local educational agency policy or regu-
lation that impede the ability of the school to
educate students;
‘‘(V) revoking authority for a school to oper-
ate a schoolwide program;
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‘‘(VI) decreasing decisionmaking authority
at the school level;
‘‘(VII) making alternative governance ar-
rangements such as the creation of a public char-
ter school;
‘‘(VIII) reconstituting the school staff; and
‘‘(IX) authorizing students to transfer, in-
cluding transportation costs, to other public
schools served by the local educational agency.
‘‘(ii) Notwithstanding clause (i), corrective ac-
tions taken pursuant to this part shall not include the
actions described in subclauses (I), (V), (VI), (VIII),
(IX) of clause (i) until the State has developed assess-
ments that meet the requirements of paragraph (3)(E)
of section 1111(b).
‘‘(C) Prior to implementing any corrective ac-
tion, the local educational agency may refrain from
such corrective action to the extent that the failure to
make progress can be attributed to extenuating cir-
cumstances, such as sudden and significant reductions
in Federal funding in a single year, as determined by
the Secretary.
‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL-
ITIES.—The State educational agency shall—
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‘‘(A) make assistance from school support
teams and distinguished educators under section
1119 available to the schools farthest from meet-
ing the State’s student performance standards, if
requested by the local educational agency or
school; and
‘‘(B) if such agency determines that a local
educational agency failed to carry out the local
educational agency’s responsibilities under para-
graphs (3) and (4), take such corrective actions
that the State educational agency deems appro-
priate.
‘‘(6) SPECIAL RULE.—Schools that for at least
two of the three years following identification under
paragraph (1) make adequate progress toward meet-
ing the State’s proficient and advanced levels of per-
formance shall no longer need to be identified for
school improvement.
‘‘(c) STATE REVIEW AND LOCAL EDUCATIONAL AGEN-
CY IMPROVEMENT.—
‘‘(1) IN GENERAL.—A State educational agency
shall—
‘‘(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether the local edu-
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cational agency is making adequate progress as
defined in section 1111(b)(2)(A)(ii) toward meet-
ing the State’s student performance standards;
and
‘‘(B) publicize and disseminate to local edu-
cational agencies, teachers and other staff, par-
ents, students, and the community the results of
the State review, including disaggregated results,
as required by section 1111(b)(3)(F).
‘‘(2) REWARDS.—In the case of a local edu-
cational agency that for three consecutive years has
met or exceeded the State’s definition of adequate
progress as defined in section 1111(b)(2)(A)(ii), the
State may make institutional and individual rewards
of the kinds described for individual schools in para-
graphs (2) and (3) of section 1119(b).
‘‘(3) IDENTIFICATION.—(A) A State educational
agency shall identify for improvement any local edu-
cational agency that—
‘‘(i) for two consecutive years, is not mak-
ing adequate progress as defined in section
1111(b)(2)(A)(ii) in schools served under this
part toward meeting the State’s student perform-
ance standards, except that schools served by the
local educational agency that are not operating
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schoolwide programs may be reviewed on the
basis of the progress of only those students served
under this part; or
‘‘(ii) has failed to meet the criteria estab-
lished by the State through its transitional pro-
cedure under section 1111(b)(5)(C) for two con-
secutive years.
‘‘(B) Before identifying a local educational agen-
cy for improvement under paragraph (1), the State
educational agency shall provide the local educational
agency with an opportunity to review the school-level
data, including assessment data, on which such iden-
tification is based. If the local educational agency be-
lieves that such identification for improvement is in
error, such local educational agency may provide evi-
dence to the State educational agency to support such
belief.
‘‘(4) LOCAL EDUCATIONAL AGENCY REVISIONS.—
Each local educational agency identified under para-
graph (3) shall, in consultation with schools, parents,
and educational experts, revise its local educational
agency plan under section 1112 in ways that have the
greatest likelihood of improving the performance of
schools served by the local educational agency in
meeting the State’s student performance standards.
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‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBIL-
ITIES.—For each local educational agency identified
under paragraph (3), the State educational agency
shall—
‘‘(A) provide technical assistance to better
enable the local educational agency to develop
and implement the local educational agency’s re-
vised plan and work with schools needing im-
provement; and
‘‘(B) make available to the local educational
agencies farthest from meeting the State’s stand-
ards, if requested, assistance from school support
teams and distinguished educators under section
1119.
‘‘(6) CORRECTIVE ACTION.—(A) The State edu-
cational agency may take corrective action at any
time against a local educational agency that has been
identified under paragraph (3), but, during the fourth
year following identification under paragraph (3),
shall take such action against any local educational
agency that still fails to make adequate progress.
‘‘(B)(i) Corrective actions are those, consistent
with State law, determined and made public and dis-
seminated by the State educational agency, which
may include—
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‘‘(I) the withholding of funds;
‘‘(II) an aggressive joint plan between the
State and local educational agency that address-
es specific elements of student performance prob-
lems and that specifies State and local respon-
sibilities under the plan;
‘‘(III) interagency collaborative agreements
between the local educational agency and other
public agencies to provide health, pupil services,
and other social services needed to remove bar-
riers to learning;
‘‘(IV) waivers or modification of require-
ments of State law or regulation (in States in
which such waivers are permitted) that impede
the ability of a local educational agency to edu-
cate students;
‘‘(V) reconstitution of school district person-
nel;
‘‘(VI) appointment by the State educational
agency of a representative to implement, in con-
junction with the local educational agency, a
program improvement plan;
‘‘(VII) removal of particular schools from
the jurisdiction of the local educational agency
and establishment of alternative arrangements
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for the public governance and supervision of such
schools, including contracts with private man-
agement companies;
‘‘(VIII) authorizing students to transfer to
another public school, including the cost of trans-
portation; and
‘‘(IX) contracting out the management of
troubled schools to private management firms.
‘‘(ii) Notwithstanding clause (i), corrective ac-
tions taken pursuant to this part shall not include the
actions described in subclauses (I), (V), and (VII) of
clause (i) until the State has developed assessments
that meet the requirements of paragraph (3)(E) of
section 1111(b).
‘‘(C) Prior to implementing any corrective ac-
tion, the State educational agency shall provide due
process, including a hearing, to any local educational
agency identified under paragraph (3) and may re-
frain from such corrective action to the extent that the
failure to make progress can be attributed to such ex-
tenuating circumstances as determined by the Sec-
retary.
‘‘(7) SPECIAL RULE.—Local educational agencies
that for at least two of the three years following iden-
tification under paragraph (3) make adequate
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progress toward meeting the State’s standards no
longer need to be identified for local educational agen-
cy improvement.
‘‘(d) OTHER ACCOUNTABILITY SYSTEMS.—If a State
has developed an accountability system for all children that,
in the Secretary’s judgment, is as rigorous as the system
required by this section and can serve as basis for the ac-
countability of programs under this part, then the Sec-
retary may deem such system as meeting the requirements
of this section.
‘‘(e) CONSTRUCTION.—Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employ-
ers.
‘‘SEC. 1119. STATE ASSISTANCE FOR SCHOOLS SUPPORT
AND IMPROVEMENT.
‘‘(a) SYSTEM FOR SUPPORT.—Each State educational
agency shall establish a statewide system of intensive and
sustained support and improvement for schools receiving
funds under this title, including schoolwide programs and
schools in need of program improvement.
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‘‘(b) COMPONENTS.—The system, at a minimum, shall
include the following:
‘‘(1) SCHOOL SUPPORT TEAMS.—
‘‘(A) Each State, in consultation with local
educational agencies and schools, shall establish
a system of school support teams to provide in-
formation and assistance to schoolwide pro-
grams, or a school in which the number of stu-
dents in poverty is equal to or greater than 75
percent of the total number of students enrolled
in such school and such school is identified as in
need of improvement under section 1118(b)(1).
‘‘(B) Each such team shall be composed of
persons, including teachers, pupil services per-
sonnel, representatives of organizations knowl-
edgeable about successful schoolwide projects or
comprehensive school reform, and other persons
who are knowledgeable about research and prac-
tice on teaching and learning, particularly about
strategies for improving the educational opportu-
nities for eligible children, such as representa-
tives of institutions of higher education, regional
educational laboratories or research centers, and
outside consultant groups.
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‘‘(C) A school support team shall work coop-
eratively with each school and make rec-
ommendations 
as 
the 
school 
develops 
its
schoolwide program plan or school improvement
plan, review each plan, and make recommenda-
tions to the school and the local educational
agency.
‘‘(D) During the operation of the schoolwide
program or during school improvement activi-
ties, a school support team shall—
‘‘(i) periodically review the progress of
the school in enabling children in the school
to meet the State’s performance standards
under this part;
‘‘(ii) identify problems in the design
and operation of the instructional program;
and
‘‘(iii) make recommendations for im-
provement to the school and the local edu-
cational agency.
‘‘(E) Funds made available for State ad-
ministration and, at the discretion of the local
educational agency, funds available to local edu-
cational agencies under this part may be used to
pay the costs of the school support teams.
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‘‘(2) DISTINGUISHED SCHOOLS.—(A) Each State
shall designate as a distinguished school—
‘‘(i) any school served under this part that,
for three consecutive years, has exceeded the
State’s definition of adequate progress as defined
in section 1111(b)(2)(A)(i); and
‘‘(ii) any school in which almost every stu-
dent has met the State’s advanced level of per-
formance.
‘‘(B)(i) A State shall use funds available under
section 1701(c) to recognize distinguished schools, in-
cluding making monetary awards.
‘‘(ii) Funds awarded to a distinguished school
may be used by the school to further the school’s edu-
cational program under this part, provide additional
incentives for continued success, and reward individ-
uals or groups in the school for past performance.
‘‘(C) A local educational agency may also recog-
nize the success of a distinguished school by providing
additional institutional and individual rewards, such
as greater decisionmaking authority at the school
building level, increased access to resources or supple-
mental services such as summer programs that may
be used to sustain or increase success, additional pro-
fessional development opportunities, opportunities to
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participate in special projects, and individual finan-
cial bonuses.
‘‘(D) Schools designated as distinguished schools
under such subparagraph (A) may serve as models
and provide additional assistance to other schools
served under this part, especially schoolwide pro-
grams and schools in school improvement, that are
not making adequate progress.
‘‘(3) DISTINGUISHED EDUCATORS.—
‘‘(A) In order to provide assistance to
schools and local educational agencies identified
as needing improvement and schools participat-
ing in schoolwide programs, each State, in con-
sultation with local educational agencies and
using funds available under section 1701(c),
shall establish a corps of distinguished educators.
‘‘(B) When possible, distinguished educators
shall be chosen from schools served under this
part that have been especially successful in ena-
bling children to meet or make outstanding
progress toward meeting the State’s student per-
formance standards, such as the schools described
in paragraph (2).
‘‘(C) Distinguished educators shall provide,
as part of the statewide system, intensive and
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sustained assistance to the schools and local edu-
cational agencies furthest from meeting the
State’s student performance standards and to
schoolwide programs as such programs develop
and implement their plans, including participa-
tion in the support teams described in para-
graph (1).
‘‘(c) IMPLEMENTATION.—In order to implement this
section, funds made available under section 1701(c) may
be used by a State for release time for teachers and adminis-
trators, travel, training, and other related costs.
‘‘(d) ALTERNATIVES.—
‘‘(1) IN GENERAL.—The State may devise alter-
native or additional approaches to providing the as-
sistance described in paragraphs (1) and (3) of sub-
section (b), such as providing assistance through in-
stitutions of higher education and educational service
agencies or other local consortia and may use funds
authorized in section 1701(c) for such approaches.
‘‘(2) INAPPLICABILITY.—Paragraphs (1) and (3)
of subsection (b) shall not apply to a State edu-
cational agency if such agency determines that a local
educational agency or school is receiving adequate
technical assistance from a source other than the
State educational agency.
111
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‘‘(III) For fiscal year 1997, no State’s allo-
cation shall be increased by an amount greater
than 6 percent or reduced by an amount greater
than 6 percent of the amount to which it would
otherwise be entitled when the provisions of
clause (iii) are multiplied according to the pro-
visions of paragraph (2) of this section.
‘‘(B) For each fiscal year, the Secretary shall de-
termine the percentage which the average per pupil
expenditure in the Commonwealth of Puerto Rico is
of the lowest average per pupil expenditure of any of
the 50 States. The grant which the Commonwealth of
Puerto Rico shall be eligible to receive under this sub-
part for a fiscal year shall be determined by mul-
tiplying the product of the effort factor for the Com-
monwealth of Puerto Rico under subparagraph
(A)(ii)(II) for such year multiplied by the equity fac-
tor for the Commonwealth of Puerto Rico under sub-
paragraph (A)(iii)(II)(aa) for such year by the
amount arrived at by multiplying the number of chil-
dren counted under subsection (c) for the Common-
wealth of Puerto Rico by the product of—
‘‘(i) the percentage determined under the
preceding sentence for such year; and