H. R. 6—231
‘‘(15) SPECIAL ALTERNATIVE INSTRUCTIONAL PROGRAM.—The
term ‘special alternative instructional program’ means an edu-
cational program for limited English proficient students that—
‘‘(A) utilizes specially designed English language curric-
ula and services but does not use the student’s native
language for instructional purposes;
‘‘(B) enables limited English proficient students to
achieve English proficiency and academic mastery of sub-
ject matter content and higher order skills, including criti-
cal thinking so as to meet age-appropriate grade-promotion
and graduation standards in concert with the National
Education Goals; and
‘‘(C) is particularly appropriate for schools where the
diversity of the limited English proficient students’ native
languages and the small number of students speaking each
respective language makes bilingual education impractical
and where there is a critical shortage of bilingual education
teachers.
‘‘SEC. 7502. REGULATIONS AND NOTIFICATION.
‘‘(a) REGULATION RULE.—In developing regulations under this
title, the Secretary shall consult with State and local educational
agencies, organizations representing limited English proficient
individuals, and organizations representing teachers and other
personnel involved in bilingual education.
‘‘(b) PARENTAL NOTIFICATION.—
‘‘(1) IN GENERAL.—Parents of children and youth participat-
ing in programs assisted under part A shall be informed of—
‘‘(A) a student’s level of English proficiency, how such
level was assessed, the status of a student’s academic
achievement and the implications of a student’s educational
strengths and needs for age and grade appropriate aca-
demic attainment, promotion, and graduation;
‘‘(B) what programs are available to meet the student’s
educational strengths and needs and how the programs
differ in content and instructional goals, and in the case
of a student with a disability, how the program meets
the objectives of a student’s individualized education pro-
gram; and
‘‘(C) the instructional goals of the bilingual education
or special alternative instructional program, and how the
program will specifically help the limited English proficient
student acquire English and meet age-appropriate stand-
ards for grade-promotion and graduation, including—
‘‘(i) the benefits, nature, and past academic results
of the bilingual educational program and of the instruc-
tional alternatives; and
‘‘(ii) the reasons for the selection of their child
as being in need of bilingual education.
‘‘(2) OPTION TO DECLINE.—(A) Such parents shall also be
informed that such parents have the option of declining enroll-
ment of their children and youth in such programs and shall
be given an opportunity to so decline if such parents so choose.
‘‘(B) A local educational agency shall not be relieved of
any of its obligations under title VI of the Civil Rights Act
of 1964 because parents choose not to enroll their children
in bilingual education programs.
H. R. 6—232
‘‘(3) RECEIPT OF INFORMATION.—Such parents shall receive,
in a manner and form understandable to such parents, includ-
ing, if necessary and to the extent feasible, in the native lan-
guage of such parents, the information required by this
subsection. At a minimum, such parents shall receive—
‘‘(A) timely information about projects funded under
part A; and
‘‘(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose
of formulating and responding to recommendations from
such parents.
‘‘(4) SPECIAL RULE.—Students shall not be admitted to or
excluded from any federally assisted education program merely
on the basis of a surname or language-minority status.
‘‘TITLE VIII—IMPACT AID
‘‘SEC. 8001. PURPOSE.
‘‘In order to fulfill the Federal responsibility to assist with
the provision of educational services to federally connected children,
because certain activities of the Federal Government place a finan-
cial burden on the local educational agencies serving areas where
such activities are carried out, and to help such children meet
challenging State standards, it is the purpose of this title to provide
financial assistance to local educational agencies that—
‘‘(1) experience a substantial and continuing financial bur-
den due to the acquisition of real property by the United
States;
‘‘(2) educate children who reside on Federal property and
whose parents are employed on Federal property;
‘‘(3) educate children of parents who are in the military
services and children who live in low-rent housing;
‘‘(4) educate heavy concentrations of children whose parents
are civilian employees of the Federal Government and do not
reside on Federal property;
‘‘(5) experience sudden and substantial increases or
decreases in enrollments because of military realignments; or
‘‘(6) need special assistance with capital expenditures for
construction activities because of the enrollments of substantial
numbers of children who reside on Federal lands.
‘‘SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
‘‘(a) IN GENERAL.—Where the Secretary, after consultation with
any local educational agency and with the appropriate State edu-
cational agency, determines for a fiscal year ending prior to October
1, 1999—
‘‘(1) that the United States owns Federal property in the
local educational agency, and that such property—
‘‘(A) has been acquired by the United States since
1938;
‘‘(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
H. R. 6—233
‘‘(C) had an assessed value (determined as of the time
or times when so acquired) aggregating 10 percent or more
of the assessed value of—
‘‘(i) all real property in the local educational agency
(similarly determined as of the time or times when
such Federal property was so acquired); or
‘‘(ii) all real property in the local educational
agency as assessed in the first year preceding or
succeeding acquisition, whichever is greater, only if—
‘‘(I) the assessment of all real property in the
local educational agency is not made at the same
time or times that such Federal property was so
acquired and assessed; and
‘‘(II) State law requires an assessment be made
of property so acquired; and
‘‘(2) that such agency is not being substantially com-
pensated for the loss in revenue resulting from such ownership
by increases in revenue accruing to the agency from the conduct
of Federal activities with respect to such Federal property,
then such agency shall be eligible to receive the amount described
in subsection (b).
‘‘(b) AMOUNT.—
‘‘(1) IN
GENERAL.—(A)(i) The amount that a local edu-
cational agency shall be paid under subsection (a) for a fiscal
year shall be calculated in accordance with paragraph (2),
except that such amount shall be reduced by the Secretary
by an amount equal to the amount of revenue, if any, that
such agency received during the previous fiscal year from activi-
ties conducted on such Federal property.
‘‘(ii) For purposes of clause (i), the amount of revenue
that a local educational agency receives during the previous
fiscal year from activities conducted on Federal property shall
not include payments received by the agency from the Secretary
of Defense to support—
‘‘(I) the operation of a domestic dependent elementary
or secondary school; or
‘‘(II) the provision of a free public education to depend-
ents of members of the Armed Forces residing on or near
a military installation.
‘‘(B) If funds appropriated under section 8014(a) are insuffi-
cient to pay the amount determined under subparagraph (A),
the Secretary shall ratably reduce the payment to each eligible
local educational agency.
‘‘(C) Notwithstanding any other provision of this subsection,
a local educational agency may not be paid an amount under
this section that, when added to the amount such agency
receives under section 8003(b), exceeds the maximum amount
that such agency is eligible to receive for such fiscal year
under section 8003(b)(1)(C).
‘‘(2) APPLICATION OF CURRENT LEVIED REAL PROPERTY TAX
RATE.—In calculating the amount that a local educational
agency is eligible to receive for a fiscal year, the Secretary
shall apply the current levied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies, or imputed for fiscally dependent local educational
agencies, to the current annually determined aggregate
assessed value of such acquired Federal property.
H. R. 6—234
‘‘(3) DETERMINATION
OF
AGGREGATE
ASSESSED
VALUE.—
Such aggregate assessed value of such acquired Federal prop-
erty shall be determined on the basis of the highest and best
use of property adjacent to such acquired Federal property
as of the time such value is determined, and provided to the
Secretary, by the local official responsible for assessing the
value of real property located in the jurisdiction of such local
educational agency for the purpose of levying a property tax.
‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AUTHORITY ACT.—
For the purpose of this section, any real property with respect
to which payments are being made under section 13 of the Ten-
nessee Valley Authority Act of 1933 shall not be regarded as Federal
property.
‘‘(d) OWNERSHIP BY UNITED STATES.—The United States shall
be deemed to own Federal property for the purposes of this Act,
where—
‘‘(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
‘‘(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity, and
the United States—
‘‘(A) restricts some or any construction on such prop-
erty;
‘‘(B) requires that the property be used in perpetuity
for the public purposes for which the property was con-
veyed;
‘‘(C) requires the grantee of the property to report
to the Federal Government (or its agent) regarding informa-
tion on the use of the property;
‘‘(D) except with the approval of the Federal Govern-
ment (or its agent), prohibits the sale, lease, assignment,
or other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible govern-
ment agency; and
‘‘(E) reserves to the Federal Government a right of
reversion at any time the Federal Government (or its agent)
deems it necessary for the national defense.
‘‘(e) LOCAL EDUCATIONAL AGENCY CONTAINING FOREST SERVICE
LAND AND SERVING CERTAIN COUNTIES.—Beginning with fiscal year
1995, a local educational agency shall be deemed to meet the
requirements of subsection (a)(1)(C) if such local educational agency
meets the following requirements:
‘‘(1) ACREAGE AND ACQUISITION BY THE FOREST SERVICE.—
The local educational agency serves a school district that con-
tains between 20,000 and 60,000 acres of land that has been
acquired by the Forest Service of the Department of Agriculture
between 1915 and 1990, as demonstrated by written evidence
from the Forest Service satisfactory to the Secretary.
‘‘(2) COUNTY CHARTER.—The local educational agency serves
a county chartered under State law in 1875 or 1890.
‘‘(f) SPECIAL RULE.—Beginning with fiscal year 1994, and not-
withstanding any other provision of law limiting the period during
which fiscal year 1994 funds may be obligated, the Secretary shall
treat the local educational agency serving the Wheatland R–II
School District, Wheatland, Missouri, as meeting the eligibility
requirements of section 2(a)(1)(C) of the Act of September 30, 1950
H. R. 6—235
(Public Law 874, 81st Congress) (as such section was in effect
on the day preceding the date of enactment of the Improving Ameri-
ca’s Schools Act of 1994) (20 U.S.C. 237(a)(1)(C)) or subsection
(a)(1)(C).
‘‘SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHIL-
DREN.
‘‘(a) COMPUTATION OF PAYMENT.—
‘‘(1) IN
GENERAL.—For the purpose of computing the
amount that a local educational agency is eligible to receive
under subsection (b), (d), or (f) for any fiscal year, the Secretary
shall determine the number of children who were in average
daily attendance in the schools of such agency, and for whom
such agency provided free public education, during the preced-
ing school year and who, while in attendance at such schools—
‘‘(A)(i) resided on Federal property with a parent
employed on Federal property situated in whole or in part
within the boundaries of the school district of such agency;
or
‘‘(ii) resided on Federal property with a parent who
is an official of, and accredited by, a foreign government
and is a foreign military officer;
‘‘(B) resided on Federal property and had a parent
on active duty in the uniformed services (as defined in
section 101 of title 37, United States Code);
‘‘(C) resided on Indian lands;
‘‘(D)(i) had a parent on active duty in the uniformed
services (as defined by section 101 of title 37, United States
Code) but did not reside on Federal property; or
‘‘(ii) had a parent who is an official of, and has been
accredited by, a foreign government and is a foreign mili-
tary officer but did not reside on Federal property;
‘‘(E) resided in low-rent housing;
‘‘(F) resided on Federal property and is not described
in subparagraph (A) or (B); or
‘‘(G) resided with a parent employed on Federal prop-
erty situated—
‘‘(i) in whole or in part in the county in which
such agency is located, or in whole or in part in such
agency if such agency is located in more than one
county; or
‘‘(ii) if not in such county, in whole or in part
in the same State as such agency.
‘‘(2) DETERMINATION
OF
WEIGHTED
STUDENT
UNITS.—For
the purpose of computing the basic support payment under
subsection (b), the Secretary shall calculate the total number
of weighted student units for a local educational agency by
adding together the results obtained by the following compu-
tations:
‘‘(A) Multiply the number of children described in sub-
paragraphs (A) and (B) of paragraph (1) by a factor of
1.0.
‘‘(B) Multiply the number of children described in para-
graph (1)(C) by a factor of 1.25.
‘‘(C) Multiply the number of children described in sub-
paragraphs (A) and (B) of paragraph (1) by a factor of
.35 if the local educational agency has—
H. R. 6—237
‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH
INSUFFICIENT FUNDS ARE APPROPRIATED.—
‘‘(A) IN GENERAL.—For any fiscal year in which the
sums appropriated under section 8014(b) are insufficient
to pay to each local educational agency the full amount
computed under paragraph (1), the Secretary shall make
payments in accordance with this paragraph.
‘‘(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS.—
(i) For fiscal years described in subparagraph (A), the Sec-
retary shall compute a learning opportunity threshold pay-
ment (hereafter in this title referred to as the ‘threshold
payment’) by multiplying the amount obtained under para-
graph (1)(C) by the total percentage obtained by adding—
‘‘(I) the percentage of federally connected children
for each local educational agency determined by cal-
culating the fraction, the numerator of which is the
total number of children described under subsection
(a)(1) and the denominator of which is the total number
of children in average daily attendance at the schools
served by such agency; and
‘‘(II) the percentage that funds under paragraph
(1)(C) represent of the total budget of the local edu-
cational agency, determined by calculating the fraction,
the numerator of which is the total amount of funds
calculated for each local educational agency under this
paragraph (not including amounts received under sub-
section (f)), and the denominator of which is the total
current expenditures for such agency in the second
preceding fiscal year for which the determination is
made.
‘‘(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
‘‘(iii) For the purpose of determining the percentages
described in subclauses (I) and (II) of clause (i) that are
applicable to the local educational agency providing free
public education to students in grades 9 through 12 residing
on Hanscom Air Force Base, Massachusetts, the Secretary
shall consider only that portion of such agency’s total enroll-
ment of students in grades 9 through 12 when calculating
the percentage under such subclause (I) and only that
portion of the total current expenditures attributed to the
operation of grades 9 through 12 in such agency when
calculating the percentage under subclause (II).
‘‘(C) RATABLE DISTRIBUTION.—For fiscal years described
in subparagraph (A), the Secretary shall make payments
as a ratable distribution based upon the computation made
under subparagraph (B).
‘‘(c) PRIOR YEAR DATA.—
‘‘(1) IN
GENERAL.—Except as provided in paragraph (2)
and subsection (f), all calculations under this section shall
be based on data for each local educational agency from not
later than the fiscal year preceding the fiscal year for which
the agency is making application for payment.
‘‘(2) EXCEPTION.—Calculations for a local educational
agency that is newly established by a State shall, for the
first year of operation of such agency, be based on data from
H. R. 6—238
the fiscal year for which the agency is making application
for payment.
‘‘(d) CHILDREN WITH DISABILITIES.—
‘‘(1) IN GENERAL.—From the amount appropriated under
section 8014(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by—
‘‘(A) multiplying the number of children described in
subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) who
are eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
‘‘(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of 0.5.
‘‘(2) USE
OF
FUNDS.—A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children described
in paragraph (1) in accordance with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
‘‘(e) HOLD-HARMLESS AMOUNTS.—
‘‘(1) IN GENERAL.—(A) Except as provided in paragraph
(4)(A), the total amount that the Secretary shall pay a local
educational agency under subsection (b) shall not be less than
85 percent of the amount such agency received for the preceding
fiscal year—
‘‘(i) in the case of fiscal year 1995 only, under sub-
sections (a) and (b) of section 3 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section
was in effect on the day preceding the date of enactment
of the Improving America’s Schools Act of 1994); or
‘‘(ii) in the case of fiscal years 1996, 1997, 1998, or
1999, under such subsection (b).
‘‘(B) For fiscal year 1995 only, the Secretary shall pay,
to each local educational agency that is not eligible for a pay-
ment under subsection (b) but that received a payment under
section 3 of the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such Act was in effect on the day preceding
the date of enactment of the Improving America’s Schools Act
of 1994) for fiscal year 1994, an amount which is not less
than 85 percent of the payment such agency received under
such section 3 for fiscal year 1994.
‘‘(2) TWO-YEAR
APPLICABILITY.—Paragraph (1)(A) shall
apply to any one local educational agency for a maximum
of two consecutive fiscal years.
‘‘(3) PHASE-OUT
PAYMENT.—A local educational agency
which received a payment under section 3(e) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the date of enactment
of the Improving America’s Schools Act of 1994) for fiscal year
1994 is eligible to receive a payment, under subsection (b)
for fiscal year 1995, in an amount which is not less than
85 percent of the amount received by such agency in fiscal
year 1994 under such section 3(e).
‘‘(4) RATABLE REDUCTIONS.—(A)(i) If necessary in order to
make payments to local educational agencies in accordance
with paragraphs (1) and (2), the Secretary first shall ratably
H. R. 6—239
reduce payments under subsection (b) to local educational agen-
cies that do not receive a payment under this subsection.
‘‘(ii) If additional funds become available for making pay-
ments under subsection (b) for such fiscal year, payments that
were reduced under clause (i) shall be increased on the same
basis as such payments were reduced.
‘‘(B)(i) If the sums made available under this title for
any fiscal year are insufficient to pay the full amounts that
all local educational agencies in all States are eligible to receive
under paragraphs (1) and (2) after the application of subpara-
graph (A) for such year, the Secretary shall ratably reduce
payments to all such agencies for such year.
‘‘(ii) If additional funds become available for making pay-
ments under paragraphs (1) and (2) for such fiscal year, pay-
ments that were reduced under clause (i) shall be increased
on the same basis as such payments were reduced.
‘‘(f) ADDITIONAL ASSISTANCE
FOR HEAVILY IMPACTED LOCAL
EDUCATIONAL AGENCIES.—
‘‘(1) RESERVATION.—From amounts appropriated under sec-
tion 8014(b) for a fiscal year, the Secretary shall provide addi-
tional assistance to meet special circumstances relating to the
provision of education in local educational agencies eligible
to receive assistance under this section.
‘‘(2) ELIGIBILITY.—(A) A local educational agency is eligible
to receive additional assistance under this subsection only if
such agency—
‘‘(i)(I) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes a percent-
age of the total student enrollment of such agency which
is not less than 50 percent if such agency receives a pay-
ment on behalf of children described in subparagraphs
(F) and (G) of such subsection, or not less than 40 percent
if such agency does not receive a payment on behalf of
such children; and
‘‘(II) has a tax rate for general fund purposes which
is at least 95 percent of the average tax rate for general
fund purposes of comparable local educational agencies
in the State;
‘‘(ii)(I) has an enrollment of federally connected chil-
dren described in subsection (a)(1) which constitutes at
least 35 percent of the total student enrollment of such
agency; and
‘‘(II) has a tax rate for general fund purposes which
is at least 125 percent of the average tax rate for general
fund purposes of comparable local educational agencies
in the State; or
‘‘(iii) is a local educational agency whose boundaries
are the same as a Federal military installation.
‘‘(B) If the current expenditures in those local educational
agencies which the Secretary has determined to be generally
comparable to the local educational agency for which a computa-
tion is made under subsection (b)(1)(C) are not reasonably
comparable because of unusual geographical factors which
affect the current expenditures necessary to maintain, in such
agency, a level of education equivalent to that maintained
in such other agencies, then the Secretary shall increase the
local contribution rate for such agency by such an amount
H. R. 6—240
which the Secretary determines will compensate such agency
for the increase in current expenditures necessitated by such
unusual geographical factors. The amount of any such supple-
mentary payment may not exceed the per-pupil share (com-
puted with regard to all children in average daily attendance),
as determined by the Secretary, of the increased current
expenditures necessitated by such unusual geographic factors.
‘‘(C) Any local educational agency determined eligible under
clause (iii) of subparagraph (A) shall be deemed to have met
the tax effort requirements for eligibility under clause (i)(II)
or (ii)(II) of such subparagraph.
‘‘(3) MAXIMUM PAYMENTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the
Secretary shall determine the maximum amount that a
local educational agency may receive under this subsection
in accordance with the following computations:
‘‘(i) The Secretary shall first determine the greater
of—
‘‘(I) the average per-pupil expenditure of the
State in which the local educational agency is
located or the average per-pupil expenditure of
all the States;
‘‘(II) the average per-pupil expenditure of gen-
erally 
comparable 
local 
educational 
agencies
located in the State of the local educational agency,
as defined in regulations issued by the Secretary;
or
‘‘(III) the average per-pupil expenditure of
three generally comparable local educational agen-
cies located in the State of the local educational
agency, as defined in regulations issued by the
Secretary.
‘‘(ii) The Secretary shall next subtract from the
amount determined under clause (i) the average
amount of State aid per pupil received by the local
educational agency.
‘‘(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the total number of
students in average daily attendance at the schools
of the local educational agency as determined by the
Secretary under subsection (a)(1).
‘‘(iv) If the tax rate used by the local educational
agency is greater than 95 percent, but less than 100
percent, of the tax rate of comparable local educational
agencies, the Secretary shall next multiply the amount
determined under clause (iii) by the percentage that
the tax rate of the local educational agency is of—
‘‘(I) the average tax rate of its generally com-
parable local educational agencies; or
‘‘(II) the average tax rate of all the local edu-
cational agencies in the State in which the local
educational agency is located.
‘‘(v) The Secretary shall next subtract the total
amount of payments received by a local educational
agency under subsections (b) and (d) for a fiscal year
from the amount determined under clause (iii) or clause
(iv), as the case may be.
H. R. 6—241
‘‘(B) SPECIAL RULE.—With respect to payments under
this subsection for a local educational agency described
in clause (ii) or (iii) of paragraph (2)(A), the maximum
amount of such payments shall be computed by taking
the product of the average per-pupil expenditure in all
States multiplied by 0.7, except that such amount may
not exceed 125 percent of the average per-pupil expenditure
in all local educational agencies in the State.
‘‘(4) CURRENT YEAR DATA.—The Secretary shall, for pur-
poses of providing assistance under this subsection, use—
‘‘(A) student and revenue data from the fiscal year
for which the local educational agency is applying for assist-
ance under this subsection; and
‘‘(B) the most recent data available which is adjusted
to such fiscal year.
‘‘(5) REDUCTION IN PAYMENTS.—If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary shall
ratably reduce the payment to each eligible local educational
agency.
‘‘(g) ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES
WITH HIGH CONCENTRATIONS OF CHILDREN WITH SEVERE DISABIL-
ITIES.—
‘‘(1) IN GENERAL.—If any local educational agency receives
Federal funds from sources other than this title to carry out
the purposes of this title for any fiscal year due to the enroll-
ment of children described under subsection (a), then the Sec-
retary shall consider such funds as a payment to such agency
under this part for such fiscal year.
‘‘(2) SPECIAL RULE.—Notwithstanding any other provision
of law, if funds appropriated pursuant to section 8014(b) for
payments under subsection (b) to such agency for a fiscal year
which, when added to the funds described in paragraph (1)
received by such agency for such fiscal year, exceed the maxi-
mum amount described under subsection (b)(1)(C), then the
Secretary shall make available from the funds appropriated
under section 8014(b) for such fiscal year such excess amounts
to any local educational agency serving two or more children
described under subparagraph (B) or (D) of subsection (a)(1)
who have a severe disability and a parent serving in the uni-
formed services (as defined by section 101 of title 37, United
States Code) who is assigned to a particular permanent duty
station for compassionate reasons (compassionate post assign-
ment) for the total costs associated with such children who
are provided an educational program provided outside the
schools of such agency.
‘‘(3) REMAINING FUNDS.—If funds remain after payments
are made under paragraph (2) for any fiscal year, then such
remaining funds shall be made available for expenditures under
subsection (d) in such fiscal year on a pro rata basis consistent
with the requirements of such subsection.
‘‘(4) RATABLE REDUCTIONS.—If amounts available to carry
out paragraph (2) for any fiscal year are insufficient to pay
in full the total payment that all eligible local educational
agencies are eligible to receive under such paragraph for such
year, then the Secretary shall ratably reduce such payments
to such agencies for such year.
H. R. 6—242
‘‘(h) OTHER FUNDS.—Notwithstanding any other provision of
law, a local educational agency receiving funds under this section
may also receive funds under section 6 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section was
in effect on the day preceding the date of enactment of the Improv-
ing America’s Schools Act of 1994) or such section’s successor
authority.
‘‘(i) MAINTENANCE OF EFFORT.—A local educational agency may
receive funds under sections 8002 and 8003(b) for any fiscal year
only if the State educational agency finds that either the combined
fiscal effort per student or the aggregate expenditures of that agency
and the State with respect to the provision of free public education
by that agency for the preceding fiscal year was not less than
90 percent of such combined fiscal effort or aggregate expenditures
for the second preceding fiscal year.
‘‘SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
‘‘(a) IN GENERAL.—A local educational agency that claims chil-
dren residing on Indian lands for the purpose of receiving funds
under section 8003 shall establish policies and procedures to ensure
that—
‘‘(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
‘‘(2) parents of such children and Indian tribes are afforded
an opportunity to present their views on such programs and
activities, including an opportunity to make recommendations
on the needs of those children and how the local educational
agency may help such children realize the benefits of such
programs and activities;
‘‘(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
‘‘(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
‘‘(5) parents and Indian tribes are afforded an opportunity
to present their views to such agency regarding such agency’s
general educational program.
‘‘(b) RECORDS.—A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8003 shall maintain records demonstrating such agency’s
compliance with the requirements contained in subsection (a).
‘‘(c) WAIVER.—A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8003 shall not be required to comply with the requirements
of subsections (a) and (b) for any fiscal year with respect to any
Indian tribe from which such agency has received a written state-
ment that the agency need not comply with those subsections
because the tribe is satisfied with the provision of educational
services by such agency to such children.
‘‘(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—The Secretary
shall—
‘‘(1) provide technical assistance to local educational agen-
cies, parents, and Indian tribes to enable such agencies, par-
ents, and tribes to carry out this section; and
‘‘(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
H. R. 6—243
to be appropriate, after affording the affected local educational
agency, parents, and Indian tribe an opportunity to present
their views.
‘‘(e) COMPLAINTS.—
‘‘(1) IN GENERAL.—(A) Any tribe, or its designee, which
has students in attendance at a local educational agency may,
in its discretion and without regard to the requirements of
any other provision of law, file a written complaint with the
Secretary regarding any action of a local educational agency
taken pursuant to, or relevant to, the requirements of this
section.
‘‘(B) Within ten working days from receipt of a complaint,
the Secretary shall—
‘‘(i) designate a time and place for a hearing into the
matters relating to the complaint at a location in close
proximity to the local educational agency involved, or if
the Secretary determines there is good cause, at some
other location convenient to both the tribe, or its designee,
and the local educational agency;
‘‘(ii) designate a hearing examiner to conduct the hear-
ing; and
‘‘(iii) notify the affected tribe or tribes and the local
educational agency involved of the time, place, and nature
of the hearing and send copies of the complaint to the
local educational agency and the affected tribe or tribes.
‘‘(2) HEARING.—The hearing shall be held within 30 days
of the designation of a hearing examiner and shall be open
to the public. A record of the proceedings shall be established
and maintained.
‘‘(3) EVIDENCE; RECOMMENDATIONS; COST.—The complain-
ing tribe, or its designee, and the local educational agency
shall be entitled to present evidence on matters relevant to
the complaint and to make recommendations concerning the
appropriate remedial actions. Each party to the hearing shall
bear only its own costs in the proceedings.
‘‘(4) FINDINGS
AND
RECOMMENDATIONS.—Within 30 days
of the completion of the hearing, the hearing examiner shall,
on the basis of the record, make written findings of fact and
recommendations concerning appropriate remedial action, if
any, which should be taken. The hearing examiner’s findings
and recommendations, along with the hearing record, shall
be forwarded to the Secretary.
‘‘(5) WRITTEN DETERMINATION.—Within 30 days of the Sec-
retary’s receipt of the findings, recommendations, and record,
the Secretary shall, on the basis of the record, make a written
determination of the appropriate remedial action, if any, to
be taken by the local educational agency, the schedule for
completion of the remedial action, and the reasons for the
Secretary’s decision.
‘‘(6) COPIES PROVIDED.—Upon completion of the Secretary’s
final determination, the Secretary shall provide the complaining
tribe, or its designee, and the local educational agency with
copies of the hearing record, the hearing examiner’s findings
and recommendations, and the Secretary’s final determination.
The final determination of the Secretary shall be subject to
judicial review.
H. R. 6—244
‘‘(7) CONSOLIDATION.—In all actions under this subsection,
the Secretary shall have discretion to consolidate complaints
involving the same tribe or local educational agency.
‘‘(8) WITHHOLDING.—If the local educational agency rejects
the determination of the Secretary, or if the remedy required
is not undertaken within the time established and the Secretary
determines that an extension of the time established will not
effectively encourage the remedy required, the Secretary shall
withhold payment of all moneys to which such local agency
is eligible under section 8003 until such time as the remedy
required is undertaken, except where the complaining tribe
or its designee formally requests that such funds be released
to the local educational agency, except that the Secretary may
not withhold such moneys during the course of the school
year if the Secretary determines that such withholding would
substantially disrupt the educational programs of the local
educational agency.
‘‘(9) REJECTION
OF
DETERMINATION.—If the local edu-
cational agency rejects the determination of the Secretary and
a tribe exercises the option under section 1101(d) of the Edu-
cation Amendments of 1978, to have education services provided
either directly by the Bureau of Indian Affairs or by contract
with the Bureau of Indian Affairs, any Indian students affili-
ated with that tribe who wish to remain in attendance at
the local educational agency against whom the complaint which
led to the tribal action under such subsection (d) was lodged
may be counted with respect to that local educational agency
for the purpose of receiving funds under section 8003. In such
event, funds under such section shall not be withheld pursuant
to paragraph (8) and no further complaints with respect to
such students may be filed under paragraph (1).
‘‘(f) CONSTRUCTION.—This section is based upon the special
relationship between the Indian nations and the United States
and nothing in this section shall be construed to relieve any State
of any duty with respect to any citizens of that State.
‘‘SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND
8003.
‘‘(a) IN GENERAL.—A local educational agency desiring to receive
a payment under section 8002 or 8003 shall—
‘‘(1) submit an application for such payment to the Sec-
retary; and
‘‘(2) provide a copy of such application to the State edu-
cational agency.
‘‘(b) CONTENTS.—Each such application shall be submitted in
such form and manner, and shall contain such information, as
the Secretary may require, including—
‘‘(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
‘‘(2) where applicable, an assurance that such agency is
in compliance with section 8004 (relating to children residing
on Indian lands).
‘‘(c) DEADLINE FOR SUBMISSION.—The Secretary shall establish
deadlines for the submission of applications under this section.
‘‘(d) APPROVAL.—
H. R. 6—245
‘‘(1) IN GENERAL.—The Secretary shall approve an applica-
tion submitted under this section that—
‘‘(A) except as provided in paragraph (2), is filed by
the deadline established under subsection (c); and
‘‘(B) otherwise meets the requirements of this title.
‘‘(2) REDUCTION IN PAYMENT.—The Secretary shall approve
an application filed not more than 60 days after a deadline
established under subsection (c) that otherwise meets the
requirements of this title, except that, notwithstanding section
8003(e), the Secretary shall reduce the payment based on such
late application by 10 percent of the amount that would other-
wise be paid.
‘‘(3) LATE APPLICATIONS.—The Secretary shall not accept
or approve any application that is filed more than 60 days
after a deadline established under subsection (c).
‘‘(4) STATE APPLICATION AUTHORITY.—Notwithstanding any
other provision of law, a State educational agency that had
been accepted as an applicant for funds under section 3 of
the Act of September 30, 1950 (Public Law 874, 81st Congress)
(as such section was in effect on the day preceding the date
of enactment of the Improving America’s Schools Act of 1994)
in fiscal year 1994 shall be permitted to continue as an
applicant under the same conditions by which such agency
made application during such fiscal year only if such State
educational agency distributes all funds received for the stu-
dents for which application is being made by such State edu-
cational agency to the local educational agencies providing
educational services to such students.
‘‘SEC. 8006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES
IN ATTENDANCE OF MILITARY DEPENDENTS.
‘‘(a) ELIGIBILITY.—A local educational agency is eligible for a
payment under this section if—
‘‘(1) the number of children in average daily attendance
during the school year for which the determination is made
is at least 10 percent or 100 more than the number of children
in average daily attendance in the school year preceding the
school year for which the determination is made; and
‘‘(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who
are in attendance at such agency because of the assignment
of their parent to a new duty station between May 15 and
September 30, inclusive, of the fiscal year for which the deter-
mination is made, as certified by an appropriate local official
of the Department of Defense, is at least 10 percent or 100
more than the number of children in average daily attendance
in the preceding school year.
‘‘(b) APPLICATION.—A local educational agency that wishes to
receive a payment under this section shall file an application with
the Secretary by October 15 of the school year for which payment
is requested, in such manner and containing such information as
the Secretary may prescribe, including information demonstrating
that such agency is eligible for such a payment.
‘‘(c) CHILDREN TO BE COUNTED.—For each eligible local edu-
cational agency that applies for a payment under this section,
the Secretary shall determine the lesser of—
H. R. 6—246
‘‘(1) the increase in the number of children in average
daily attendance from the school year preceding the fiscal year
for which the determination is made; and
‘‘(2) the number of children described in subsection (a)(2).
‘‘(d) PAYMENTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
from the amount appropriated for a fiscal year under section
8014(d), the Secretary shall pay each local educational agency
with an approved application an amount equal to one-half
of the national average per-pupil expenditure multiplied by
the number of such children determined under subsection (c)
for that local educational agency.
‘‘(2) RATABLE REDUCTION.—(A) If the amount appropriated
to carry out this section for any fiscal year is insufficient
to pay the full payment that all eligible local educational agen-
cies are eligible to receive under this section for such year,
then the Secretary shall ratably reduce the payments to such
agencies for such year.
‘‘(B) If additional funds become available for making pay-
ments under paragraph (1) for such fiscal year, payments that
were reduced under subparagraph (A) shall be increased on
the same basis as such payments were reduced.
‘‘(e) NOTIFICATION PROCESS.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish, with
the Secretary of Defense, a notification process relating to the
closure of Department of Defense facilities, or the adjustment
of personnel levels assigned to such facilities, which may
substantially affect the student enrollment levels of local edu-
cational agencies which receive or may receive payments under
this title.
‘‘(2) INFORMATION.—Such process shall provide timely
information regarding such closures and such adjustments—
‘‘(A) by the Secretary of Defense to the Secretary; and
‘‘(B) by the Secretary to the affected local educational
agencies.
‘‘SEC. 8007. CONSTRUCTION.
‘‘(a) PAYMENTS AUTHORIZED.—From the amount appropriated
for each fiscal year under section 8014(e), the Secretary shall make
payments to each local educational agency—
‘‘(1) that receives a basic payment under section 8003(b);
and
‘‘(2)(A) in which the number of children determined under
section 8003(a)(1)(C) constituted at least 50 percent of the
number of children who were in average daily attendance in
the schools of such agency during the preceding school year;
‘‘(B) in which the number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1) constituted
at least 50 percent of the number of children who were in
average daily attendance in the schools of such agency during
the school year preceding the school year for which the deter-
mination is made and in which the agency at any 2 times
during the four fiscal years preceding the date of enactment
of the Improving America’s Schools Act of 1994 was denied
by a vote of the agency’s eligible voters a bond referendum
for the purposes of school construction or renovation;
‘‘(C) that receives assistance under section 8003(f); or
H. R. 6—248
cational agency that is eligible for such payment than such
agency would receive if such agency were not so eligible.
‘‘(b) STATE EQUALIZATION PLANS.—
‘‘(1) IN GENERAL.—A State may reduce State aid to a local
educational agency that receives a payment under section 8002
or 8003(b) (except the amount calculated in excess of 1.0 under
subparagraph (B) of section 8003(a)(2)) or under the Act of
September 30, 1950 (Public Law 874, 81st Congress) as such
Act was in effect on the day preceding the date of enactment
of the Improving America’s Schools Act of 1994 (other than
an increase in payments described in paragraphs (2)(B), (2)(C),
(2)(D), or (3)(B)(ii) of section 3(d) of such Act of September
30, 1950) for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in effect
a program of State aid that equalizes expenditures for free
public education among local educational agencies in such
State.
‘‘(2) COMPUTATION.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), a
program of State aid equalizes expenditures among local
educational agencies if, in the second fiscal year preceding
the fiscal year for which the determination is made, the
amount of per-pupil expenditures made by, or per-pupil
revenues available to, the local educational agency in the
State with the highest such per-pupil expenditures or reve-
nues did not exceed the amount of such per-pupil expendi-
tures made by, or per-pupil revenues available to, the local
educational agency in the State with the lowest such
expenditures or revenues by more than—
‘‘(i) 25 percent for fiscal year 1995, 1996, or 1997;
and
‘‘(ii) 20 percent for fiscal year 1998 or 1999.
‘‘(B) OTHER
FACTORS.—In making a determination
under this subsection, the Secretary shall—
‘‘(i) disregard local educational agencies with per-
pupil expenditures or revenues above the 95th percent-
ile or below the 5th percentile of such expenditures
or revenues in the State; and
‘‘(ii) take into account the extent to which a pro-
gram of State aid reflects the additional cost of provid-
ing free public education in particular types of local
educational agencies, such as those that are geographi-
cally isolated, or to particular types of students, such
as children with disabilities.
‘‘(3) EXCEPTION.—Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such pro-
gram for any fiscal year only if—
‘‘(A) the Secretary determines, on the basis of projected
data, that the State’s program will meet the disparity
standard described in paragraph (2) for the fiscal year
for which the determination is made; and
‘‘(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State’s
program met such standard for the fiscal year for which
the determination is made, the State will pay to each
H. R. 6—249
affected local educational agency the amount by which
the State reduced State aid to the local educational agency.
‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALIZATION PLANS.—
‘‘(1) WRITTEN NOTICE.—
‘‘(A) IN GENERAL.—Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the Sec-
retary, not later than 120 days before the beginning of
the State’s fiscal year, a written notice of such State’s
intention to do so.
‘‘(B) CONTENTS.—Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of such State’s intention to consider
such payments in providing State aid.
‘‘(2) OPPORTUNITY TO PRESENT VIEWS.—Before making a
determination under subsection (b), the Secretary shall afford
the State, and local educational agencies in the State, an oppor-
tunity to present their views.
‘‘(3) QUALIFICATION PROCEDURES.—If the Secretary deter-
mines that a program of State aid qualifies under subsection
(b), the Secretary shall—
‘‘(A) certify the program and so notify the State; and
‘‘(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency
adversely affected by such certification.
‘‘(4) NON-QUALIFICATION
PROCEDURES.—If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall—
‘‘(A) so notify the State; and
‘‘(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local edu-
cational agency adversely affected by such determination.
‘‘(d) TREATMENT OF STATE AID.—
‘‘(1) IN GENERAL.—If a State has in effect a program of
State aid for free public education for any fiscal year, which
is designed to equalize expenditures for free public education
among the local educational agencies of that State, payments
under this title or under the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such Act was in effect on the
day preceding the date of enactment of the Improving America’s
Schools Act of 1994) for any fiscal year may be taken into
consideration by such State in determining the relative—
‘‘(A) financial resources available to local educational
agencies in that State; and
‘‘(B) financial need of such agencies for the provision
of free public education for children served by such agency,
except that a State may consider as local resources funds
received under this title or under the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such Act
was in effect on the day preceding the date of enactment
of the Improving America’s Schools Act of 1994) only in
proportion to the share that local tax revenues covered
under a State equalization program are of total local tax
revenues.
‘‘(2) PROHIBITION.—A State may not take into consideration
payments under this title or under the Act of September 30,
H. R. 6—250
1950 (Public Law 874, 81st Congress) (as such Act was in
effect on the day preceding the date of enactment of the Improv-
ing America’s Schools Act of 1994) before such State’s program
of State aid has been certified by the Secretary under subsection
(c)(3).
‘‘(e) REMEDIES FOR STATE VIOLATIONS.—
‘‘(1) IN GENERAL.—The Secretary or any aggrieved local
educational agency may, not earlier than 150 days after an
adverse determination by the Secretary against a State for
violation of subsections (a) or (d)(2) or for failure to carry
out an assurance under subsection (b)(3)(B), and if an adminis-
trative proceeding has not been concluded within such time,
bring an action in a United States district court against such
State for such violations or failure.
‘‘(2) IMMUNITY.—A State shall not be immune under the
11th amendment to the Constitution of the United States from
an action described in paragraph (1).
‘‘(3) RELIEF.—The court shall grant such relief as the court
determines is appropriate.
‘‘SEC. 8010. FEDERAL ADMINISTRATION.
‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The Secretary
shall round any payments under this title to the nearest whole
dollar amount.
‘‘(b) OTHER AGENCIES.—Each Federal agency administering
Federal property on which children reside, and each agency prin-
cipally responsible for an activity that may occasion assistance
under this title, shall, to the maximum extent practicable, comply
with requests of the Secretary for information the Secretary may
require to carry out this title.
‘‘(c) SPECIAL RULES.—
‘‘(1) CERTAIN
CHILDREN
ELIGIBLE
UNDER
SUBSECTION (a)
OR (b) OF SECTION 3 OF PUBLIC LAW 81–874.—Notwithstanding
any other provision of law, for any fiscal year before fiscal
year 1995, the Secretary shall treat as eligible under subsection
(a) or (b) of section 3 of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such subsection was in effect
on the day preceding the date of enactment of the Improving
America’s Schools Act of 1994), and shall forgive the obligation
of a local educational agency to repay any amounts that such
agency received under such section for such fiscal year based
on, any child who would be eligible under such subsections
except that such child does not meet the requirements of sub-
section (a)(1)(B) or (b)(2)(B), respectively, of such section 3,
if such child meets the requirements of paragraph (3) of this
subsection.
‘‘(2) CERTAIN CHILDREN ELIGIBLE UNDER SUBPARAGRAPHS
(A) AND (G)(ii) OF SECTION 8003(a)(1).—(A) The Secretary shall
treat as eligible under subparagraph (A) of section 8003(a)(1)
any child who would be eligible under such subparagraph except
that the Federal property on which the child resides or on
which the child’s parent is employed is not in the same State
in which the child attends school, if such child meets the
requirements of paragraph (3) of this subsection.
‘‘(B) The Secretary shall treat as eligible under subpara-
graph (G) of section 8003(a)(1) any child who would be eligible
under such subparagraph except that such child does not meet
H. R. 6—251
the requirements of clause (ii) of such subparagraph, if such
child meets the requirements of paragraph (3) of this sub-
section.
‘‘(3) REQUIREMENTS.—A child meets the requirements of
this paragraph if—
‘‘(A) such child resides—
‘‘(i) in a State adjacent to the State in which the
local educational agency serving the school such child
attends is located; or
‘‘(ii) with a parent employed on Federal property
in a State adjacent to the State in which such agency
is located;
‘‘(B) the schools of such agency are within a more
reasonable commuting distance of such child’s home than
the schools of the local educational agency that serves
the school attendance area where such child resides;
‘‘(C) attending the schools of the local educational
agency that serves the school attendance area where such
child resides will impose a substantial hardship on such
child;
‘‘(D) the State in which such child attends school pro-
vides funds for the education of such child on the same
basis as all other public school children in the State, unless
otherwise permitted under section 5(d)(2) of the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as
such section was in effect on the day preceding the date
of enactment of the Improving America’s Schools Act of
1994) or section 8009(b) of this title; and
‘‘(E) such agency received a payment for fiscal year
1994 under section 8003(b) (or such section’s predecessor
authority) on behalf of children described in paragraph
(2).
‘‘SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
‘‘(a) ADMINISTRATIVE HEARINGS.—A local educational agency
and a State that is adversely affected by any action of the Secretary
under this title or under the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such Act was in effect on the day
preceding the date of enactment of the Improving America’s Schools
Act of 1994) shall be entitled to a hearing on such action in the
same manner as if such agency were a person under chapter 5
of title 5, United States Code.
‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—
‘‘(1) IN GENERAL.—A local educational agency or a State
aggrieved by the Secretary’s final decision following an agency
proceeding under subsection (a) may, within 60 days after
receiving notice of such decision, file with the United States
court of appeals for the circuit in which such agency or State
is located a petition for review of that action. The clerk of
the court shall promptly transmit a copy of the petition to
the Secretary. The Secretary shall then file in the court the
record of the proceedings on which the Secretary’s action was
based, as provided in section 2112 of title 28, United States
Code.
‘‘(2) FINDINGS OF FACT.—The findings of fact by the Sec-
retary, if supported by substantial evidence, shall be conclusive,
but the court, for good cause shown, may remand the case