736
‘‘(g) LIMITATIONS.—(1) No loan shall be made under
this part to any local educational agency until 5 years
after the date on which a previous loan to that agency
was made under this part, unless the loan is intended to
be used to construct or reconstruct a facility damaged as
a result of a national disaster, as declared by the
President.
‘‘(2) Not more than 12.5 percent of the amount of
the funds provided for in this part in the form of loans
annually shall be made available to educational institu-
tions within any one State.
‘‘SEC. 11005. DEFINITIONS.
‘‘The term ‘school’ is defined as structures suitable
for use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction
of elementary and secondary school students.
‘‘SEC. 11006. AUTHORIZATION.
‘‘There are authorized to be appropriated to carry out
this title, $200,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
737
‘‘TITLE XII—URBAN AND RURAL
EDUCATION ASSISTANCE
‘‘PART A—URBAN EDUCATION DEMONSTRATION
GRANTS
‘‘SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) DEMONSTRATION GRANTS.—(1) There is au-
thorized to be appropriated $200,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999 to carry out the provisions
of sections 12003 and 12103.
‘‘(2) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12103. If the amount reserved
for any fiscal year for section 12103 is less than
$50,000,000, the Secretary shall grant awards on a com-
petitive basis to local educational agencies serving rural
areas, making such that there is an equitable geographic
distribution of such awards. If the amount reserved for
any fiscal year for section 12103 exceeds $50,000,000, the
Secretary shall grant awards in such a manner that a local
educational agency serving rural areas in each State re-
ceives such an award.
‘‘(3) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12003.
738
‘‘(b) 
HIGHER
EDUCATION
AND
RESEARCH
GRANTS.—(1) There are authorized to be appropriated
$50,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the fiscal years 1996 through
1999 to carry out the provisions of sections 12004 and
12104.
‘‘(2) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12004.
‘‘(3) 50 percent of the amount appropriated under
paragraph (1) shall be reserved and made available only
for the purposes of section 12104.
‘‘(c) COMMISSIONS.—There are authorized to be ap-
propriated for fiscal years 1995, 1996, and 1997 such
sums as may be necessary to carry out the provisions of
sections 12006 and 12105. Amounts appropriated pursu-
ant to this authority shall remain available until expended.
‘‘(d) EVALUATION.—There are authorized to be ap-
propriated for each of the fiscal years 1995 through 1999
such sums as may be necessary to carry out the provisions
of section 12005.
‘‘SEC. 12001. FINDINGS.
‘‘The Congress finds that—
‘‘(1) the ability of the Nation’s major urban
school systems to meet the Nation’s educational
739
goals will determine the country’s economic competi-
tiveness and academic standing in the world commu-
nity;
‘‘(2) the quality of public education in the Na-
tion’s major urban areas has a direct effect on the
economic development of the Nation’s inner cities;
‘‘(3) the success of urban schools in boosting
the achievement of its minority youth attending such
schools will determine the ability of the Nation to
close the gap between the ‘haves and have-nots’ in
society;
‘‘(4) the cost to America’s businesses to provide
remedial education to high school graduates is ap-
proximately $21,000,000,000 per year;
‘‘(5) approximately 1⁄3 of the Nation’s work
force will be minority by the year 2000;
‘‘(6) urban schools enroll a disproportionately
large share of the Nation’s poor and ‘at-risk’ youth;
‘‘(7) urban schools enroll approximately 1⁄3 of
Nation’s poor, 40 percent of the Nation’s African
American children, and 30 percent of the Nation’s
Hispanic youth;
‘‘(8) nearly 20 percent of the Nation’s limited
English proficient children and 15 percent of the
740
Nation’s disabled youth are enrolled in urban
schools;
‘‘(9) the academic performance of students in
the average inner-city public school system is below
that of students in most other kinds of school
systems;
‘‘(10) urban schools systems have higher drop-
out rates, more problems with health care and less
parental participation than other kinds of school
systems;
‘‘(11) urban preschoolers have one-half the ac-
cess to early childhood development programs as do
other children;
‘‘(12) shortages of teachers in urban school sys-
tems are 2.5 times greater than such shortages in
other kinds of school systems;
‘‘(13) declining numbers of urban minority high
school graduates are pursuing postsecondary edu-
cational opportunities;
‘‘(14) urban schools systems have greater prob-
lems with teen pregnancy, discipline, drug abuse and
gangs than do other kinds of school systems;
‘‘(15) 75 percent of urban school buildings are
over 25 years old, 33 percent of such buildings are
over 50 years old, and such buildings are often in
741
serious disrepair and create poor and demoralizing
working and learning conditions;
‘‘(16) solving the challenges facing our Nation’s
urban schools will require the concerted and collabo-
rative efforts of all levels of government and all sec-
tors of the community;
‘‘(17) State and Federal funding or urban
schools has not adequately reflected need; and
‘‘(18) Federal funding that is well targeted,
flexible and accountable would contribute signifi-
cantly to addressing the comprehensive needs of
inner-city schools.
‘‘SEC. 12002. STATEMENT OF PURPOSE.
‘‘It is the purpose of this Act to provide financial
assistance to—
‘‘(1) assist urban schools in meeting national
education goals;
‘‘(2) improve the educational and social well
being of urban public school children;
‘‘(3) close the achievement gap between urban
and nonurban school children, while improving the
achievement level of all children nationally;
‘‘(4) renovate and repair urban school buildings
and facilities;
742
‘‘(5) conduct coordinated research on urban
education problems, solutions and promising prac-
tices;
‘‘(6) improve the Nation’s global economic and
educational competitiveness by improving the coun-
try’s urban schools;
‘‘(7) encourage community, parental and busi-
ness collaboration in the improvement or urban
schools; and
‘‘(8) review regulations whose simplification
might improve the achievement of urban school chil-
dren.
‘‘SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to eligible local educational agencies serving
an urban area or State educational agencies in the case
where the State educational agency is the local educational
agency for activities designed to assist in local school im-
provement efforts and school reform, and to assist the
schools of such agencies in meeting the National Edu-
cation Goals.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this
section may be used to—
‘‘(1) increase academic achievement of urban
school children;
743
‘‘(2) ensure the readiness of urban children for
school;
‘‘(3) increase the graduation rates of urban
students;
‘‘(4) prepare urban school graduates to enter
higher education, pursue careers, and exercise their
responsibilities as citizens;
‘‘(5) recruit and retain qualified teachers, par-
ticularly minority teachers and teachers specializing
in areas of critical shortage;
‘‘(6) provide for ongoing staff development to
increase the professional capacities of the teaching
staff and the skills of teacher aides and paraprofes-
sionals;
‘‘(7) decrease the use of drugs and alcohol
among urban students and to ensure the physical
and emotional well-being of such students in a bias-
free school environment;
‘‘(8) coordinate and collaborate with parents,
the community, the private sector, and with other
service providers and programs;
‘‘(9) acquire and improve access to educational
technology; and
‘‘(10) assist the schools most in need of services
by replicating successful efforts of other urban local
744
educational agencies and expanding successful pro-
grams within the eligible agency.
‘‘(c) GENERAL PROVISIONS.—An eligible local edu-
cational agency desiring to receive a grant under this sec-
tion shall submit an application to the Secretary at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require, consistent
with this section.
‘‘(d) DEFINITIONS.—Except as otherwise provided,
for the purposes of this part—
‘‘(1) CENTRAL CITY.—The term ‘central city’
has the same meaning as that used by the United
States Census Bureau.
‘‘(2) ELIGIBLE
LOCAL
EDUCATIONAL
AGEN-
CY.—The term ‘eligible local educational agency’
means a local educational agency which—
‘‘(A) serves the largest central city in a
State;
‘‘(B) enrolls more than 30,000 students
and serves a central city with a population of
at least 200,000 in a metropolitan statistical
area; or
‘‘(C) enrolls between 25,000 and 30,000
students and serves a central city with a popu-
745
lation of at least 140,000 in a metropolitan sta-
tistical area.
‘‘(3) METROPOLITAN STATISTICAL AREA.—The
term ‘metropolitan statistical area’ has the same
meaning as that used by the United States Census
Bureau.
‘‘SEC. 12004. RESEARCH AND EVALUATION GRANTS.
‘‘The Secretary is authorized to make grants and
enter into contracts with eligible local educational agen-
cies, and institutions of higher education jointly with eligi-
ble local educational agencies to conduct research and
evaluate programs for improving and reforming the Na-
tion’s urban schools.
‘‘SEC. 12005. USE OF FUNDS.
‘‘Funds allotted to eligible local educational agencies
and institutions of higher education under section 12004
may be used for—
‘‘(1) collaborative and coordinated research and
evaluation of educational techniques or approaches
used in multiple eligible local educational agencies;
‘‘(2) evaluation of projects assisted under title
I;
‘‘(3) collection and dissemination of information
on successful projects and approaches assisted under
title I;
746
‘‘(4) design and implementation of extension
service programs to allow an eligible local edu-
cational agency to provide technical assistance to in-
dividual schools and teachers involved in projects as-
sisted under title I;
‘‘(5) provision of data and information manage-
ment services to individual schools assisted under
title I;
‘‘(6) provision of staff training in schools as-
sisted under title I;
‘‘(7) evaluation of progress made by eligible
local educational agencies assisted under this Act in
meeting national education goals;
‘‘(8) provision of staff training in test interpre-
tation and use for diagnostic purposes;
‘‘(9) provision of information to parents on test
results and test interpretation;
‘‘(10) provision of technology and training in its
research and evaluation uses;
‘‘(11) development of assessment tools of stu-
dents in individualized instruction;
‘‘(12) research on school policies and practices
which may be barriers to the success of students in
school; and
747
‘‘(13) development and testing of new multiple,
alternative assessments of student progress toward
the national education goals which are race and gen-
der bias-free and sensitive to limited-English pro-
ficient and disabled students.
‘‘SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMIS-
SION ON URBAN EDUCATION.
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Commission on Urban Education (in this Act re-
ferred to as the ‘Commission’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Commission shall be
composed of 12 members as follows:
‘‘(A) 4 of the Members shall be appointed
by the President.
‘‘(B) 4 of the Members shall be appointed
by the Speaker of the House, including 2 Mem-
bers of the House, of which 1 shall be from
each political party.
‘‘(C) 4 of the members shall be appointed
by the President pro tempore of the Senate, in-
cluding 2 Members of the Senate, of which 1
shall be from each political party.
‘‘(2) CHAIRPERSON.—The Chairperson of the
Commission shall be elected by the members of the
748
Commission and shall continue to serve for the dura-
tion of the Commission.
‘‘(3) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner as the origi-
nal appointment.
‘‘(c) DUTIES.—The Commission shall study the fol-
lowing issues:
‘‘(1) DEMOGRAPHIC
CHANGES.—Demographic
changes in student enrollment and classroom teach-
ers in the 10-year period prior to the date of enact-
ment of this Act.
‘‘(2) SPECIAL NEEDS.—Numbers and types of
special needs of students in urban schools.
‘‘(3) 
UNSERVED
OR
UNDERSERVED
STU-
DENTS.—Number of unserved or underserved stu-
dents in urban schools eligible for assistance under
the Head Start Act, chapter 1 of title 1 of the Ele-
mentary and Secondary Education Act of 1965,
School Dropout Demonstration Assistance Act of
1988, Drug Free Schools and Communities Act of
1986. Carl D. Perkins Vocational and Applied Tech-
nology Education Act, Education of the Handi-
capped Act and other Federal programs.
‘‘(4) STUDENT PERFORMANCE.—Program and
management efforts in urban schools designed to en-
749
hance student performance, and reasons for the ef-
fectiveness of such efforts.
‘‘(5) FINANCIAL SUPPORT.—Financial support
and funding needs of urban schools from local,
State, and Federal sources.
‘‘(6) COLLABORATE
EFFORTS.—Collaborative
efforts and programs between urban schools, the pri-
vate sector, and community groups.
‘‘(7) SUPPLY NEEDS.—Supply needs for teach-
ers in urban schools in the 10-year period beginning
on the date of enactment of this Act.
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—The Commission shall sub-
mit a report that includes recommendations to the
President and to the appropriate committees of the
Congress on the findings of the study required by
this section. The report shall be submitted as soon
as practicable.
‘‘(2) PROPOSAL
FOR
CHANGES
IN
FEDERAL
LEGISLATION.—The report submitted under this sec-
tion shall include proposals for changes in Federal
legislation.
‘‘(e) STAFF.—Such personnel as the Commission
deems necessary may be appointed by the Commission
without regard to the provisions of title 5, United States
750
Code, governing appointments in the competitive service,
and may be paid without regard to the provisions of chap-
ter 51 and subtitle III of chapter 53 of such title relating
to classification and General Schedule pay rates, but no
individual so appointed shall be paid in excess of the rate
of basic pay for level III of the Executive Schedule.
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—Members of the Commis-
sion who are officers or full-time employees of the
United States shall receive no additional pay, allow-
ances, or benefits by reason of their service on the
Commission.
‘‘(2) TRAVEL EXPENSES.—Each member shall
receive travel expenses, including per diem in lieu of
subsistence, as authorized by section 5702 and 5703
of title 5, United States Code.
‘‘(3) SPECIAL RULE.—Members of the Commis-
sion who are not officers or full-time employees of
the United States may receive a per diem and travel
allowance as is provided by the United States Code
for persons in the Government service employed
intermittently.
‘‘(g) ADMINISTRATION.—
‘‘(1) IN GENERAL.—The Commission or, on the
authorization of the Commission, any committee
751
thereof, may, for the purpose of carrying out the
provisions of this section, hold such hearings and
site and act at such times and such places within the
United States as the Commission or such committee
considers advisable.
‘‘(2) CONSULTATION.—In carrying out its du-
ties under this section, the Commission shall consult
with other Federal agencies, representatives of State
and local governments, and private organizations to
the extent feasible.
‘‘(3) INFORMATION.—The Commission may se-
cure directly from any department or agency of the
United States information necessary to enable it to
carry out this section. Upon request of the Chair-
person of the Commission, the head of such depart-
ment or agency shall furnish that information to the
Commission.
‘‘(4) CONTRACTS.—The Commission is author-
ized to enter into contracts to secure the necessary
data and information to conduct its work and to ob-
tain the services of experts and consultants.
‘‘(5) COOPERATION.—The heads of all Federal
agencies are, to the extent practicable, directed to
cooperate with the Commission in carrying out this
section.
752
‘‘(6) SPECIAL RULE.—The Commission is au-
thorized to utilize, with the consent of such agencies,
the services, personnel, information, and facilities of
other Federal, State, local, and private agencies with
or without reimbursement.
‘‘(h) TERMINATION.—The Commission shall termi-
nate 3 years after the date of its first meeting.
‘‘SEC. 12007. EVALUATION.
‘‘The Secretary is authorized directly, or through
grants or contracts to evaluate the programs and activities
funded under this title, broadly disseminate such informa-
tion to other school districts, and to report the results of
such evaluation to the Education and Labor Committee
of the House of Representatives and the Labor and
Human Resources Committee of the Senate.
‘‘PART B—RURAL EDUCATION DEMONSTRATION
GRANTS
‘‘SEC. 12101. FINDINGS.
‘‘The Congress finds that—
‘‘(1) rural schools are essential to national ef-
forts to meet the National Education Goals;
‘‘(2) approximately 60 percent of the Nation’s
public school districts are rural, with populations of
less than 2,500;
753
‘‘(3) about 1 out of every 4 of America’s rural
school children are living below the poverty level;
‘‘(4) the quality of public education in rural
areas has a direct effect on the economic develop-
ment of our country’s rural communities;
‘‘(5) the academic performance of students in
the average rural school system is below that of stu-
dents in most other suburban school systems;
‘‘(6) the average age of rural public school
buildings is more than 45 years old, creating poor
and demoralizing working and learning conditions;
‘‘(7) shortages of teachers for rural school
systems is greater than in other kinds of school
systems;
‘‘(8) solving the challenges facing the Nation’s
rural schools will require the concerted and collabo-
rative efforts of all levels of government and all sec-
tors of the education community; and
‘‘(9) additional Federal funding would contrib-
ute significantly to addressing the comprehensive
needs of rural schools.
‘‘SEC. 12102. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to provide financial
assistance to rural schools to encourage innovative school
reform programs, the enhanced use of telecommunications
754
technology for learning, and inservice training and teacher
recruitment initiatives in cooperation with institutions of
higher education designed to augment local school im-
provement activities.
‘‘SEC. 12103. RURAL SCHOOL GRANTS.
‘‘(a) AUTHORITY.—The Secretary is authorized to
make grants to local education agencies serving rural
areas or State educational agencies in the case where the
State educational agency is the local educational agency
for activities designed to assist in local school improve-
ment efforts.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this
title may be used to—
‘‘(1) assist rural schools in meeting National
Education goals and undertaking local school im-
provement initiatives;
‘‘(2) develop pilot projects that experiment with
innovative ways to teach rural public school children
more effectively;
‘‘(3) encourage rural school consortia for the
purpose of increasing efficiency and course offerings;
‘‘(4) provide meaningful inservice training op-
portunities for rural public school teachers; and
755
‘‘(5) assist rural schools in acquiring and im-
proving access to educational technology, including
distance learning technologies.
‘‘(c) GENERAL PROVISIONS.—Each eligible entity de-
siring a grant under this title shall submit an application
to the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may reason-
ably require. Awards made by the Secretary shall be of
sufficient size and scope to achieve significant rural school
improvement.
‘‘SEC. 12104. HIGHER EDUCATION GRANTS.
‘‘(a) GRANTS.—The Secretary is authorized to make
grants to institutions of higher education, consortia of
such institutions, or partnerships between institutions of
higher education and local education agencies to assist
rural schools and local education agencies serving rural
areas in undertaking local school improvement activities.
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this
section may be used to—
‘‘(1) assist rural schools in meeting National
Education Goals;
‘‘(2) assist in the recruitment and training of
teachers in rural schools;
756
‘‘(3) assist rural schools in the development of
appropriate innovative school improvement initia-
tives;
‘‘(4) provide inservice training opportunities for
teachers in rural schools; and
‘‘(5) provide technical assistance in the use and
installation of innovative telecommunications tech-
nology.
‘‘(c) GENERAL PROVISIONS.—Each eligible entity de-
siring a grant under this section shall submit an applica-
tion to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may
reasonably require.
‘‘SEC. 12105. NATIONAL COMMISSION ON RURAL EDU-
CATION.
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Commission on Rural Education.
‘‘(b) MEMBERSHIP.—The Commission shall be com-
posed of 12 members, 4 of whom shall be appointed by
the President of the United States, 4 of whom shall be
appointed by the Speaker of the House upon the rec-
ommendation of the majority leader and the minority lead-
er, and 4 of whom shall be appointed by the President
pro tempore of the Senate upon the recommendation of
the majority leader and the minority leader. A majority
757
of the members of the Commission shall be individuals in-
volved in rural education, with at least 2 individuals in-
volved in rural postsecondary education. The Chair of the
Commission shall be elected by the President from among
his 4 appointees and shall continue to serve during the
duration of the Commission. Vacancies in the Commission
shall be filled in the same manner as the original appoint-
ment.
‘‘(c) STUDIES.—The Commission shall conduct a full
and complete study on the State of rural education in
America. Included in this analysis should be the impact
of demographic changes in rural schools, the special needs
of these schools, the current and future teacher needs of
these schools, the effectiveness of existing Federal edu-
cation programs in meeting the needs of these schools, the
adequacy of financial support for these schools, and any
other issues that the Commission deems to be important
and essential for a complete and exhaustive examination
of the state and condition of rural schools in America.
‘‘(d) STAFF.—The Commission may appoint such
staff as may be necessary by the Chair without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and may pay such
staff without regard to the provisions of chapter 51 of sub-
chapter III of chapter 53 of such title relating to classi-
758
fication and General Schedule pay rates, but no individual
so appointed shall be paid in excess of the rate authorized
for GS–18 of the General Schedule.
‘‘(e) COMPENSATION AND EXPENSES.—(1) Members
of the Commission who are officers or full-time employees
of the United States shall serve without compensation in
addition to that received for their services as officers and
employees of the United States. Such members may be
allowed travel expenses and per diem in lieu of subsist-
ence, as authorized by section 5703 of title 5, United
States Code.
‘‘(2) Members of the Commission who are not officers
or full-time employees of the United States may each re-
ceive per diem and travel allowance as is provided by the
United States Code for persons in the Government service
employed intermittently.
‘‘(f) ADMINISTRATION.—(1) The Commission may
organize itself in whatever manner is most appropriate for
the conduct of its activities. It may hold such hearings
and act at such time and such places within the United
States as it may consider advisable. In carrying out its
duties, the Commission may consult with other Federal
agencies, representatives of State and local governments,
and private organizations to the extent feasible.
759
‘‘(2) The Commission is authorized to secure directly
from any executive department, bureau, agency, board,
commission, office, independent establishment, or instru-
mentality, information, suggestions, estimates, and statis-
tics for the purpose of this section, and each such depart-
ment, bureau, agency, board, commission, office, inde-
pendent establishment, or instrumentality is authorized
and directed, to the extent permitted by law, to furnish
such information, suggestions, estimates, and statistics di-
rectly to the Commission, upon request by the Chair.
‘‘(3) The Commission may enter into contracts for
the acquisition of information, suggestions, estimates, and
statistics for the purpose of this section. The Commission
is authorized to obtain the services of experts and consult-
ants without regard to section 3109 of title 5, United
States Code, and to set pay in accordance with such
section.
‘‘(4) The head of such Federal agency shall, to the
extent not prohibited by law, cooperate with the Commis-
sion in carrying out this section. The Commission is au-
thorized to utilize, with their consent, the services, person-
nel, information, and facilities of other Federal, State,
local, and private agencies with or without reimbursement.
‘‘(g) FINAL REPORT.—The Commission shall report
to Congress its findings not later than 3 years after the
760
date of enactment of this Act. Such report may include
legislative recommendations. The Commission may make
whatever interim reports to Congress that it deems
necessary.’’.
TITLE II—AMENDMENTS TO THE
GENERAL EDUCATION PROVI-
SIONS ACT
PART A—APPLICABILITY OF THE GENERAL
EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act
(20 U.S.C. 1221 et seq.; referred to in this title as ‘‘the
Act’’) is amended to read as follows:
‘‘TITLE; APPLICABILITY; DEFINITIONS
‘‘SEC. 400. (a) This title may be cited as the ‘General
Education Provisions Act’.
‘‘(b)(1) Except as otherwise provided, this title ap-
plies to each applicable program of the Department of
Education.
‘‘(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of
Education.
‘‘(c) As used in this title, the following terms have
the following meanings:
‘‘(1) The term ‘applicable program’ means any
program for which the Secretary or the Department
761
has administrative responsibility as provided by law
or by delegation of authority pursuant to law. The
term includes each program for which the Secretary
or the Department has administrative responsibility
under the Department of Education Organization
Act or under statutes effective after the effective
date of that Act.
‘‘(2) The term ‘applicable statute’ means—
‘‘(A) the Act or the title, part, section, or
any other subdivision of an Act, as the case
may be, that authorizes the appropriation for
an applicable program;
‘‘(B) this title; and
‘‘(C) any other statute that by its terms
expressly controls the administration of an ap-
plicable program.
‘‘(3) The term ‘Department’ means the Depart-
ment of Education.
‘‘(4) The term ‘Secretary’ means the Secretary
of Education.
‘‘(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of 1964,
title IX of the Education Amendments of 1972, title V
of the Rehabilitation Act of 1973, the Age Discrimination
762
Act, or other statutes prohibiting discrimination, to any
applicable program.’’.
SEC. 212. REPEAL AND REDESIGNATION.
(a) The following provisions of the Act are repealed—
(1) sections 400A, 401, 402, 405, 406, 406A,
406B, 406C, 407, 413, 416, 419, 421, 423, 424,
426A, and 429; and
(2) part D.
(b) Sections 403, 408, 409, 411, 412, 414, 415, 417,
420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433,
434, 435, 436, 437, 438, 439, and 440 are redesignated
as 401, 410, 411, 420, 421, 422, 423, 425, 426, 430, 431,
432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442,
443, 444, 445, and 446 respectively.
(c) Part E is redesignated as part D.
PART B—THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read
as follows:
‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF
EDUCATION’’.
SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.
Section 401 of the Act (as redesignated) is amended
by—
763
(1) striking the heading of such section and in-
serting the following new heading:
‘‘OFFICE OF NON-PUBLIC EDUCATION’’;
(2) striking subsections (a), (b), and (c); and
(3) striking ‘‘(d)(1) There’’ and inserting ‘‘SEC.
401. (1) There’’.
SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated) is amended
to read as follows:
‘‘GENERAL AUTHORITY OF THE SECRETARY
‘‘SEC. 410. The Secretary, in order to carry out func-
tions otherwise vested by law or by delegation of authority
pursuant to law, and subject to limitations as may be oth-
erwise imposed by law, is authorized to make, promulgate,
issue, rescind, and amend rules and regulations governing
the manner of operation of, and governing the applicable
programs administered by, the Department.’’.
PART C—APPROPRIATIONS AND EVALUATIONS
SEC. 230. FORWARD FUNDING.
Section 420 of the Act (as redesignated) is amended
to read as follows:
‘‘FORWARD FUNDING
‘‘SEC. 420. (a) To the end of affording the respon-
sible State, local, and Federal officers adequate notice of
available Federal financial assistance for carrying out on-
going education activities and projects, appropriations for
764
grants, contracts, or other payments under any applicable
program are authorized to be included in the appropria-
tions Act for the fiscal year preceding the fiscal year dur-
ing which such activities and projects shall be carried out.
‘‘(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the ap-
plication of this section may result in the enactment, in
a fiscal year, of separate appropriations for an applicable
program (whether in the same appropriations Act or oth-
erwise) for 2 consecutive fiscal years.’’.
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) The heading for section 421 of the Act (as redes-
ignated) is amended to read as follows: ‘‘AVAILABILITY OF
APPROPRIATIONS ON ACADEMIC OR SCHOOL-YEAR BASIS;
ADDITIONAL PERIOD FOR EXPENDITURE OF FUNDS’’.
(b) Section 421 of the Act (as redesignated) is fur-
ther amended—
(1) in subsection (b) by striking ‘‘(b) Notwith-
standing’’ and inserting ‘‘(b)(1) Notwithstanding’’;
and
(2) in subsection (c) by striking ‘‘section
3679(d)(2) of the Revised Statutes’’ and inserting
‘‘section 1341(a) of title 31 of the United States
Code’’.
765
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated) is amended
to read as follows:
‘‘CONTINGENT EXTENSION OF PROGRAMS
‘‘SEC. 422. (a) The authorization of appropriations
for, or duration of, an applicable program shall be auto-
matically extended for one additional fiscal year unless
Congress, in the regular session that ends prior to the be-
ginning of the terminal fiscal year of such authorization
or duration, has passed legislation that becomes law and
extends or repeals the authorization or duration of such
program.
‘‘(b) The amount authorized to be appropriated for
the period of automatic extension of an applicable program
under subsection (a) shall be the amount that was author-
ized to be appropriated for that program during its termi-
nal fiscal year.
‘‘(c) During the period of automatic extension of an
applicable program under subsection (a), the Secretary
shall administer such program, including the performance
of all required acts and determinations, in the same man-
ner required in the termination fiscal year by the applica-
ble statute.
‘‘(d) This section shall not apply to the authorization
of appropriations for a commission, council or committee
766
which is required by an applicable statute to terminate on
a date certain.’’.
SEC. 233. STATE REPORTS.
Subpart 2 of part B of the Act is amended by insert-
ing the following new section 424 at the beginning of such
subpart.
‘‘RESPONSIBILITY OF STATES TO FURNISH INFORMATION
‘‘SEC. 424. (a) Each State educational agency shall
submit to the Secretary a report on or before March 15
of every second year. Each such report shall include—
‘‘(1) information with respect to the uses of
Federal funds in such State in the 2 preceding fiscal
years under any applicable program under the juris-
diction of the State educational agency; and
‘‘(2) information with respect to the uses of
Federal funds in such State in the 2 preceding fiscal
years under any Federal program administered by
the State that provided grants or contracts to a local
educational agency in the State.
‘‘(b) Each report submitted as required by subsection
(a) shall—
‘‘(1) list, with respect to each program for
which information is provided, all grants made to
and contracts entered into with local educational
agencies and other public and private agencies and
767
institutions within the State during each fiscal year
concerned;
‘‘(2) analyze the information included in the re-
port by local educational agency and by program;
‘‘(3) include the total amount of funds available
to the State under each such program for each fiscal
year concerned; and
‘‘(4) be made readily available by the State to
local educational agencies and institutions within the
State and to the public.
‘‘(c) If the Secretary does not receive a report by the
date required under subsection (a), or receives an incom-
plete report, the Secretary, not later than 30 days after
such report is required to be submitted, shall take all rea-
sonable measures to obtain the delinquent or incomplete
information from the State educational agency.
‘‘(d) When the Secretary receives a report required
under subsection (a), the Secretary shall provide such in-
formation to the National Center for Education Statistics,
and shall make such information available, at a reasonable
cost, to any individual who requests it.
‘‘(e) The Secretary shall consult with the Speaker
and Minority Leader of the House of Representatives and
the Majority and Minority Leaders of the Senate regard-
ing the costs and feasibility of making the information de-
768
scribed in subsection (a) available as part of a tele-
communications network that is readily accessible to every
member of Congress and other interested parties.
‘‘(f) On or before August 15th of each year in which
reports are submitted under subsection (a), the Secretary
shall submit a report to the Committee on Education and
Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate. Such re-
port shall include—
‘‘(1) an analysis of the content and data quality
of such reports;
‘‘(2) a compilation of statistical data derived
from such reports; and
‘‘(3) information obtained by the Secretary with
respect to—
‘‘(A) direct grants made to local edu-
cational agencies by the Federal Government;
and
‘‘(B) contracts entered into between such
agencies and the Federal Government.’’.
SEC. 234. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated) is amended
to read as follows:
‘‘BIENNIAL EVALUATION REPORT
‘‘SEC. 425. Not later than March 31 of each second
year beginning with 1995, the Secretary shall transmit to
769
the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate an evaluation report on the effec-
tiveness of applicable programs during the two preceding
fiscal years in achieving their legislated purposes. Such re-
port shall—
‘‘(1) contain program profiles that include legis-
lative citations, multi-year funding histories, and leg-
islated purposes;
‘‘(2) contain recent evaluation information on
the progress being made toward the achievement of
program objectives, including listings of program
performance indicators, data from performance
measurement based on the indicators, evaluation in-
formation on the costs and benefits of the applicable
programs being evaluated.
‘‘(3) contain selected significant program activi-
ties, such as initiatives for program improvement,
regulations, and program monitoring and evaluation;
‘‘(4) list the principal analyses and studies sup-
porting the major conclusions in such report; and
‘‘(5) be prepared in concise summary form with
necessary detailed data and appendices, including
available data to indicate the effectiveness of the
770
programs and projects by the race, sex, disability
and age of their beneficiaries.’’.
SEC. 235. TECHNICAL AMENDMENT.
(a) Section 423 of the Act (as redesignated) is
amended by striking ‘‘Commissioner’’ and inserting
‘‘Secretary’’.
(b) Section 426 of the Act (as redesignated) is
amended by—
(1) striking ‘‘title I of’’ and all that follows
through ‘‘Congress)’’ and inserting ‘‘title VIII of the
Elementary and Secondary Education Act of 1965’’;
and
(2) striking ‘‘subparagraph (C) of section
3(d)(2) or section 403(1)(C)’’ and inserting in lieu
thereof ‘‘sections 8003(c) or residing on property de-
scribed in section 8012(4)(B)(ii)’’.
SEC. 236. COORDINATION.
The National Assessment Governing Board, the Advi-
sory Council on Statistics, the National Education Goals
Panel, the National Education Statistics and Improve-
ment Council, and any other Board established to analyze,
address, or approve standards and assessments shall co-
ordinate and interact with one another in order to ensure
that each entity does not duplicate activities to assist
States in their efforts to reform their educational systems.
771
PART D—ADMINISTRATION OF EDUCATION
PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated) is amended
to read as follows:
‘‘JOINT FUNDING OF PROGRAMS
‘‘SEC. 430. (a)(1) The Secretary is authorized to
enter into arrangements with other Federal agencies to
jointly carry out projects of common interest, to transfer
to such agencies funds appropriated under any applicable
program, and to receive and use funds from such agencies,
for projects of common interest.
‘‘(2) Funds so transferred or received shall be used
only in accordance with the statutes authorizing the ap-
propriation of such funds, and shall be made available by
contract or grant only to recipients eligible to receive such
funds under such statutes.
‘‘(3) If the Secretary enters into an agreement under
this subsection for the administration of a project, the
agency administering the project shall use its procedures
to award contracts or grants and to administer such
awards, unless the parties to the agreement specify the
use of procedures of another agency that is a party to the
agreement.
‘‘(4) If the Secretary has entered into an agreement
authorized under subsection (a) of this section and the
772
Secretary and the heads of the other agencies participat-
ing in the agreement determine that joint funding is nec-
essary to address a special need consistent with the
purposes and authorized activities of each program that
provides funding, the Secretary and the heads of the other
participating agencies may develop a single set of criteria
for jointly funded projects and require each applicant for
those projects to submit a single application for review by
the participating agencies.
‘‘(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which awards are made
on a competitive basis, and may jointly review and approve
such applications separately from other applications under
such programs, when the Secretary determines that such
joint awards are necessary to address a special need con-
sistent with the purposes and authorized activities of each
such program. An applicant for such a joint award must
meet the eligibility requirements of each such program.
‘‘(c) The Secretary may not construe the provisions
of this section to take precedence over a limitation on joint
funding contained in an applicable statute.
‘‘(d)(1) The Secretary shall provide notice to the
Committee on Education and Labor of the House of Rep-
resentatives and to the Committee on Labor and Human
773
Resources of the Senate of each joint funding agreement
made with other Federal agencies not later than 60 days
following the making of such agreements.
‘‘(2) Such notice shall include—
‘‘(A) a description of the purpose and objectives
of the joint funding arrangement;
‘‘(B) the amounts and sources, by program, of
the funds dedicated to such arrangement; and
‘‘(C) the criteria developed to govern the award
of contracts and grants.’’.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA-
TION.
Section 431 of the Act (as redesignated) is amended
by—
(1) striking ‘‘(a) The Commissioner’’ and in-
serting ‘‘The Secretary’’;
(2) inserting ‘‘and’’ at the end of paragraph
(2);
(3) striking ‘‘; and’’ at the end of paragraph (3)
and inserting ‘‘.’’; and
(4) striking paragraph (4) and subsections (b)
and (c).
SEC. 243. REVIEW OF APPLICATIONS.
(a) Section 432 of the Act (as redesignated) is
amended—
774
(1) in subsection (a)—
(A) by striking ‘‘Commissioner’’ and in-
serting ‘‘Secretary’’;
(B) by striking ‘‘and in the case of the
program provided for in title I of the Elemen-
tary and Secondary Education Act of 1965,’’;
(C) in the third sentence thereof, by insert-
ing a comma after ‘‘the hearing’’; and
(D) in the fourth sentence thereof—
(i) by striking the comma after
‘‘guidelines’’; and
(ii) by inserting a comma after ‘‘pro-
gram’’;
(2) in subsection (b), by striking ‘‘Commis-
sioner’’ each place it appears and inserting ‘‘Sec-
retary’’; and
(3) in subsection (d), by striking ‘‘Commis-
sioner’’ each time it appears and inserting ‘‘Sec-
retary’’ and by inserting before the period ‘‘or issue
such other orders as the Secretary may deem appro-
priate to achieve such compliance’’.
(b) All statistics and other data collection and analy-
sis reported under this section shall, whenever feasible, be
collected cross-tabulated, analyzed, and reported by sex
within race or ethnicity and socioeconomic status. In the
775
event that the Secretary determines that such statistics
or data collection and analysis reveals no significant dif-
ferences among such categories, the Secretary shall in-
clude in the relevant report incorporating such statistics
or data an explanation of such determination.
SEC. 244. TECHNICAL AMENDMENT.
Section 434 of the Act (as redesignated) is amended
in the first sentence by striking ‘‘the Commissioner’’ and
‘‘he’’ and inserting ‘‘the Secretary’’ in lieu of each.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated) is amended
to read as follows:
‘‘USE OF FUNDS WITHHELD
‘‘SEC. 435. (a) At any time that the Secretary makes
an allotment or reallotment to any State under any appli-
cable program, the Secretary shall reduce such allotment
or reallotment by such amount as the Secretary deter-
mines such allotment or reallotment would have been re-
duced, had the data on which the allotment or reallotment
is based excluded all data relating to local educational
agencies of the State that, on the date of the Secretary’s
action, are ineligible to receive the Federal financial assist-
ance involved because of failure to comply with title VI
of the Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, section 504 of the Rehabilitation
Act of 1973, or the Age Discrimination Act of 1975.
776
‘‘(b) The Secretary may use any funds withheld
under subsection (a)—
‘‘(1) to increase the allotments of other local
educational agencies within the State, or the allot-
ments of all States, in accordance with the statutes
governing the program; or
‘‘(2) for grants to local educational agencies of
that State in accordance with section 405 of the
Civil Rights Act of 1964, or for any other program
administered by the Department that is designed to
enhance equity in education or redress discrimina-
tion on the basis of race, color, national origin, sex,
age, or disability.’’.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated) is amended
by striking ‘‘for three fiscal years’’ and inserting ‘‘for
more than one fiscal year’’.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated) is amend-
ed—
(1) in the heading by striking ‘‘: REQUIRE-
MENTS AND ENFORCEMENT’’;
(2) in subsection (a) by—
(A) striking, in paragraph (1), ‘‘Commis-
sioner’’ and inserting ‘‘Secretary’’; and
777
(B) striking, in paragraph (2), ‘‘Depart-
ment of Health, Education, and Welfare or the
Office of Education, or by an official of such
agencies’’ and inserting ‘‘Secretary’’;
(3) in subsection (b) by—
(A) striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Secretary’’; and
(B) striking the last sentence of paragraph
(2)(B);
(4) in subsection (d) by—
(A) striking, in paragraph (1)—
(i) in the second sentence, ‘‘trans-
mission unless the Congress shall, by con-
current resolution, find that the final regu-
lation is inconsistent with the Act from
which it derives its authority, and dis-
approve such final regulation, in whole or
in part’’ and insert ‘‘transmission’’;
(ii) the last sentence; and
(iii) ‘‘(1)’’; and
(B) striking paragraph (2);
(5) by striking subsections (e) and (f); and
(6) in subsection (g), by striking ‘‘Commis-
sioner’’ each place it appears and inserting ‘‘Sec-
retary’’.
778
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIRE-
MENTS.
Section 443 of the Act (as redesignated) is amend-
ed—
(1) in subsection (a)—
(A) by striking out ‘‘grant, subgrant, con-
tract, subcontract, loan, or other arrangement
(other than procurement contracts awarded by
an administrative head of an educational agen-
cy)’’ and inserting in lieu thereof ‘‘grant,
subgrant, cooperative agreement, loan or other
agreement’’;
(B) 
by 
inserting 
‘‘financial 
or 
pro-
grammatic’’ immediately before ‘‘audit.’’; and
(C) by striking ‘‘five’’ in the last sentence
and inserting ‘‘three’’; and
(2) in subsection (b), by striking out ‘‘to any
records of a recipient which may be related, or perti-
nent to, the grants, subgrants, contracts, sub-
contracts, loans, or other arrangements’’ and insert-
ing in lieu thereof ‘‘to any records currently main-
tained by a recipient that may be related, or perti-
nent to, grants, subgrants, cooperative agreements,
loans, or other arrangements’’.
779
SEC. 249. RELEASE OF RECORDS.
Section 444(b)(1)(E) of the Act (as redesignated) is
amended to read as follows:
‘‘(E) State and local officials or authorities to
whom such information is specifically allowed to be
reported or disclosed pursuant to State statute
adopted—
‘‘(i) before November 19, 1974, if the al-
lowed reporting or disclosure concerns the juve-
nile justice system and its ability to effectively
serve the student whose records are released, or
‘‘(ii) after November 19, 1974, if—
‘‘(I) the allowed reporting or disclo-
sure concerns the juvenile justice system
and its ability to effectively serve the stu-
dent whose records are released, and
‘‘(II) the officials and authorities to
whom such information is disclosed certify
in writing to the educational agency or in-
stitution that the information will not be
disclosed to any other party except as pro-
vided under State law without the prior
written consent of the parent.’’.
SEC. 250. PROTECTION OF PUPIL RIGHTS.
Section 445 of the Act (as redesignated) is amended
to read as follows:
780
‘‘PROTECTION OF PUPIL RIGHTS
‘‘SEC. 445. (a) All instructional materials, including
teacher’s manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guard-
ians of the children.
‘‘(b) No student shall be required, as part of any ap-
plicable program, to submit to a survey, analysis, or eval-
uation that reveals information concerning—
‘‘(1) political affiliations;
‘‘(2) mental and psychological problems poten-
tially embarrassing to the student or his family;
‘‘(3) sex behavior and attitudes;
‘‘(4) illegal, antisocial, self-incriminating, and
demeaning behavior;
‘‘(5) critical appraisals of other individuals with
whom respondents have close family relationships;
‘‘(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians,
and ministers; or
‘‘(7) income (other than that required by law to
determine eligibility for participation in a program
or for receiving financial assistance under such
program),
781
without the prior consent of the student (if the student
is an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent
of the parent.
‘‘(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
‘‘(d) The Secretary shall take such action as the Sec-
retary determines appropriate to enforce this section, ex-
cept that action to terminate assistance provided under
an applicable program shall be taken only if the Secretary
determines that—
‘‘(1) there has been a failure to comply with
such section; and
‘‘(2) compliance with such section cannot be se-
cured by voluntary means.
‘‘(e) The Secretary shall establish or designate an of-
fice and review board within the Department of Education
to investigate, process, review, and adjudicate violations
of the rights established under this section.’’.
SEC. 251. ENFORCEMENT.
(a) Section 452 of the Act is amended—
(1) in the first sentence of paragraph (2) of
subsection (a), by striking ‘‘stating’’ and all that fol-
lows through the end of such sentence and inserting
782
‘‘establishing a prima facia case for the recovery of
funds, including an analysis reflecting the value of
the program services actually obtained in a deter-
mination of harm to the federal interest.’’;
(2) in the first sentence of paragraph (1) of
subsection (b), by striking ‘‘30’’ and inserting ‘‘60’’;
and
(3) in subsection (d) by—
(A) striking ‘‘(d) Upon’’ and inserting
‘‘(d)(1) Upon’’; and
(B) adding a new paragraph (2) as follows:
‘‘(2) During the conduct of such review, there shall
not be any ex parte contact between the Secretary and
individuals representing the Department or the recipi-
ent.’’.
(b) Section 459 of the Act is amended—
(1) in paragraph (1) of subsection (a) by strik-
ing ‘‘, and that the recipient is in all other respects
in compliance with the requirements of that pro-
gram’’; and
(2) subsection (c) is amended to read as fol-
lows:
‘‘(c) Notwithstanding any other provisions of law, the
funds made available under this section shall remain avail-
able for expenditure for a period of time deemed reason-
783
able by the Secretary, but in no case to exceed more than
3 fiscal years following the later of—
‘‘(1) the fiscal year in which final agency action
under section 452(e) is taken; or
‘‘(2) if such recipient files a petition for judicial
review, the fiscal year in which final judical action
under section 458 is taken.’’.
SEC. 252. TECHNICAL AMENDMENTS.
(a) The heading for Part C of the Act is amended
by striking ‘‘COMMISSIONER OF EDUCATION’’ and insert-
ing ‘‘SECRETARY’’.
(b) Section 434 of the Act (as redesignated) is
amended in the second sentence thereof, by inserting ‘‘is
made’’ after ‘‘such determination’’.
(c) Section 436 of the Act (as redesignated) is
amended by striking ‘‘Commissioner’’ each place it ap-
pears and inserting ‘‘Secretary’’.
(d)(1) The heading of section 440 of the Act (as re-
designated) is amended by striking ‘‘EDUCATIONAL’’.
(2) Section 440 of the Act (as redesignated) is
amended—
(A) by striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Secretary’’; and
784
(B) by inserting ‘‘(c)’’ before the last sentence
and by deleting ‘‘paragraph (3)’’ in such sentence
and inserting ‘‘subsection (b)(3)’’.
(e) Section 441 of the Act (as redesignated) is
amended—
(1) by striking ‘‘Commissioner’’ each place it
appears and inserting ‘‘Secretary’’; and
(2) in subsection (a)—
(A) by striking the comma after ‘‘submits
a plan’’; and
(B) by striking ‘‘(subject, in the case of
programs under chapter 1 and chapter 2 of title
I of the Elementary and Secondary Education
Act of 1965, to the provisions of title V of such
Act)’’.
(f) Section 442 of the Act (as redesignated) is amend-
ed—
(1) in subsection (a), by striking ‘‘that local
education agency’’ and inserting ‘‘that local edu-
cational agency’’; and
(2) in subsection (b)—
(A) in paragraph (2), by inserting a
comma after ‘‘program’’;
785
(B) in paragraph (4), by striking ‘‘Com-
missioner’’ each place it appears and inserting
‘‘Secretary’’; and
(C) in paragraph (7), by striking ‘‘handi-
capped individuals’’ and inserting ‘‘individuals
with disabilities’’.
(g) Section 444 of the Act (as redesignated) is
amended—
(1) in subsection (a)(4)(B)(ii), by striking the
period at the end thereof and inserting a semicolon;
(2) in subsection (b)—
(A) in paragraph (1)(C), by striking ‘‘(iii)
an administrative head of an education agency
(as defined in section 408(c)), or (iv)’’ and in-
serting ‘‘or (iii)’’;
(B) in paragraph (1)(H), by striking
‘‘1954’’ and inserting ‘‘1986’’; and
(C) in paragraph (3)—
(i) by striking ‘‘(C) an administrative
head of an education agency or (D)’’ and
inserting ‘‘or (C)’’; and
(ii) by striking ‘‘education program’’
and inserting ‘‘education programs’’;
(3) in subsection (d), by inserting a comma
after ‘‘education’’;
786
(4) in subsection (f)—
(A) by striking ‘‘The Secretary, or an ad-
ministrative head of an education agency,’’ and
inserting ‘‘The Secretary’’;
(B) by striking ‘‘provisions of’’ after ‘‘en-
force’’;
(C) by striking ‘‘according to the provi-
sions of’’ and inserting ‘‘in accordance with’’;
and
(D) by striking ‘‘the provisions of’’ after
‘‘with’’; and
(5) in subsection (g)—
(A) by striking ‘‘Health, Education, and
Welfare’’ and inserting ‘‘Education’’; and
(B) by striking ‘‘the provisions of ’’.
SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES.
The Act is further amended by inserting after section
426 (as redesignated) a new section 427 to read as follows:
‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES
‘‘SEC. 427. (a) The purpose of this section is to assist
the Department in implementing its mission to ensure
equal access to education and to promote educational ex-
cellence throughout the Nation, by ensuring equal oppor-
tunities to participate for all eligible students, teachers,
787
and other program beneficiaries in any project or activity
carried out under an applicable program and promoting
their ability to meet high standards.
‘‘(b) The Secretary shall require each applicant for
assistance under an applicable program (other than an in-
dividual) to develop and describe in its application the
steps it proposes to take to ensure equitable access to, and
equitable participation in, the project or activity to be con-
ducted with such assistance, by addressing the special
needs of students, teachers, and other program bene-
ficiaries in order to overcome barriers to equitable partici-
pation, including barriers based on gender, race, color, na-
tional origin, disability, and age.
‘‘(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this
section.
‘‘(d) Nothing in this section is intended to alter in
any way the rights or responsibilities established under the
statutes cited in section 400(d) of this Act.’’.
SEC. 254. DISCLOSURE REQUIREMENTS.
Each educational organization, prior to accepting
funds for the cost of a minor’s participation in an edu-
cational program operated by such organization, shall dis-
close the following information in written form to the
minor or the minor’s parent:
788
(1) METHOD
OF
SOLICITATION
AND
SELEC-
TION.—The method of solicitation and selection of
participants in the educational program, including—
(A) the origin of any mailing list used for
such solicitation and selection;
(B) any recruitment through teacher or
school personnel, including any enticements of-
fered to such teacher or personnel for the rec-
ommendation of a minor for participation in the
educational program;
(C) any open enrollment activity, including
the method of outreach; and
(D) any cooperation with, or sponsorship
by, a membership organization, including a de-
scription of the cooperation or sponsorship and
the name of each such organization.
(2) COST
AND
FEES.—Information regarding
the cost of the educational program and information
regarding the distribution of any enrollment fee, in-
cluding—
(A) the amount paid for, and the percent-
age of the total educational program cost of,
each feature of the educational program, includ-
ing—
(i) food;
789
(ii) lodging;
(iii) transportation;
(iv) program staffing;
(v) textbooks, syllabi, or other scholas-
tic educational program materials;
(vi) speaker fees; and
(vii) administrative expenses, includ-
ing expenses related to—
(I) the preparation of non-scho-
lastic educational program materials;
(II) the provision of financial as-
sistance;
(III) mailing list rental or other
recruitment activity; and
(IV) administrative salaries and
consulting fees;
(B) the identity of the organization or
business providing each of the features de-
scribed in clauses (i) through (vii) of subpara-
graph (A); and
(C) the nature of any relationship of any
board member, officer, or employee of the edu-
cational organization to any organization or
business described in subparagraph (B), includ-
ing the salary or other compensation paid by
790
such organization or business to such board
member, officer, or employee.
(3) NONDISCRIMINATORY
ENROLLMENT
AND
SERVICE POLICY.—
(A) IN GENERAL.—Each educational orga-
nization shall include a verifiable statement on
all enrollment or recruitment material that the
educational organization does not—
(i) fail or refuse to hire, or discharge,
any individual, or otherwise discriminate
against any individual with respect to com-
pensation, terms, conditions, or privileges
of employment; or
(ii) exclude any student from partici-
pation in an educational program, discrimi-
nate against any student in providing the
benefits associated with such program (in-
cluding any scholarship or financial assist-
ance, and use of any facility), or subject
the student to discrimination under such
program, on the basis of race, disability, or
residence in a low-income area.
(B) CONSTRUCTION.—Nothing in this sec-
tion shall be construed to entitle a student to—
791
(i) participation in an educational pro-
gram or any benefit associated with such
program; or
(ii) a waiver of any fee charged for
such participation or benefit.
(4) ENFORCEMENT.—
(A) IN GENERAL.—The Secretary of Edu-
cation shall monitor compliance with the provi-
sions of this section.
(B) CIVIL PENALTY.—If an educational or-
ganization knowingly violates any provision of
this Act, the Secretary of Education, after no-
tice and opportunity for hearing, may impose
on such organization a civil fine of not more
than $1,000 for each such violation.
(5)(A) Educational organization, as defined by
this section, means an organization or group
which—
(i) provides special honors programs, semi-
nars, citizenship experiences, government study
programs, educational vacations, student ex-
change programs, or other educational experi-
ences or honors generally directed toward mi-
nors or high school students and charges a tui-
tion or enrollment fee;
792
(ii) offers its program away from a stu-
dent’s regular place of school attendance, in-
cludes not less than 1 supervised night away
from home, and is intended to enhance a stu-
dent’s regular course of study; and
(iii) 
advertises 
and 
recruits 
students
through commercial media, direct mailings,
school recruitment programs, or school adminis-
trators or teachers.
(B) The definition in subparagraph (A) shall
not include—
(i) a local educational agency, State edu-
cational agency, a State department of edu-
cation, or an elementary or secondary school as
defined by this Act;
(ii) an institution of higher education as
defined by the Higher Education Act of 1965;
or
(iii) a local organization sponsored by an
elementary or secondary school, a recreational
or entertainment organization, a local sports ac-
tivity group, or a social club.
793
PART E—RELATED AMENDMENTS TO OTHER
ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION
ACT
The Department of Education Organization Act is
amended—
(1) by repealing sections 414 and 427;
(2) by redesignating sections 209, 210, 211,
212, 214, 215, 303, 304, 305, 306, 307, 415, 416,
417, 418, 419, 420, 421, 422, 423, 424, 425, 426,
and 428 as sections 208, 209, 210, 211, 212, 213,
302, 303, 304, 305, 306, 414, 415, 416, 417, 418,
419, 420, 421, 422, 423, 424, 425, and 426;
(3) the table of contents is amended to read as
follows:
‘‘TABLE OF CONTENTS
‘‘Sec. 1. Short title; table of contents.
‘‘TITLE I—GENERAL PROVISIONS
‘‘Sec. 101. Findings.
‘‘Sec. 102. Purposes.
‘‘Sec. 103. Federal-State Relationships.
‘‘Sec. 104. Definitions.
‘‘TITLE II—ESTABLISHMENT OF THE DEPARTMENT
‘‘Sec. 201. Establishment.
‘‘Sec. 202. Principal officers.
‘‘Sec. 203. Office for Civil Rights.
‘‘Sec. 204. Office of Elementary and Secondary Education.
‘‘Sec. 205. Office of Postsecondary Education.
‘‘Sec. 206. Office of Vocational and Adult Education.
‘‘Sec. 207. Office of Special Education and Rehabilitative Services.
‘‘Sec. 208. Office of Educational Research and Improvement.
‘‘Sec. 209. Office of Bilingual Education and Minority Languages Affairs.
‘‘Sec. 210. Office of General Counsel.
‘‘Sec. 211. Office of Inspector General.
794
‘‘Sec. 212. Office of Correctional Education.
‘‘Sec. 213. Federal Interagency Committee on Education.
‘‘TITLE III—TRANSFERS OF AGENCIES AND FUNCTIONS
‘‘Sec. 301. Transfers from the Department of Health, Education, and Welfare.
‘‘Sec. 302. Transfers from the Department of Labor.
‘‘Sec. 303. Transfers of programs from the National Science Foundation.
‘‘Sec. 304. Transfers from the Department of Justice.
‘‘Sec. 305. Transfers from the Department of Housing and Urban Develop-
ment.
‘‘Sec. 306. Effect of transfers.
‘‘TITLE IV—ADMINISTRATIVE PROVISIONS
‘‘PART A—PERSONNEL PROVISIONS
‘‘Sec. 401. Officers and employees.
‘‘Sec. 402. Experts and consultants.
‘‘Sec. 403. Personnel reduction and annual limitations.
‘‘PART B—GENERAL ADMINISTRATIVE PROVISIONS
‘‘Sec. 411. General authority.
‘‘Sec. 412. Delegation.
‘‘Sec. 413. Reorganization.
‘‘Sec. 414. Contracts.
‘‘Sec. 415. Regional and field offices.
‘‘Sec. 416. Acquisition and maintenance of property.
‘‘Sec. 417. Facilities at remote locations.
‘‘Sec. 418. Use of facilities.
‘‘Sec. 419. Copyrights and patents.
‘‘Sec. 420. Gifts and bequests.
‘‘Sec. 421. Technical advice.
‘‘Sec. 422. Working capital fund.
‘‘Sec. 423. Funds transfer.
‘‘Sec. 424. Seal of department.
‘‘Sec. 425. Annual report.
‘‘Sec. 426. Authorization of appropriations.
‘‘TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING
PROVISIONS
‘‘Sec. 501. Transfer and allocation of appropriations and personnel.
‘‘Sec. 502. Effect on personnel.
‘‘Sec. 503. Agency terminations.
‘‘Sec. 504. Incidental transfers.
‘‘Sec. 505. Savings provisions.
‘‘Sec. 506. Separability.
‘‘Sec. 507. Reference.
‘‘Sec. 508. Amendments.
‘‘Sec. 509. Redesignation.
‘‘Sec. 510. Coordination of programs affecting handicapped individuals.
‘‘Sec. 511. Transition.
‘‘TITLE VI—EFFECTIVE DATE AND INTERIM APPOINTMENTS
‘‘Sec. 601. Effective date.
795
‘‘Sec. 602. Interim appointments.’’;
and
(4) in section 202(b), by inserting after para-
graph (2) the following:
‘‘(3) There shall be in the Department, a Special As-
sistant for Gender Equity who shall be appointed by the
Secretary. The Special Assistant shall promote, coordi-
nate, and evaluate gender equity programs, including the
dissemination of information, technical assistance, and co-
ordination of research activities. The Special Assistant
shall advise the Secretary and Deputy Secretary on all
matters relating to gender equity.’’.
TITLE III—AMENDMENTS TO
OTHER ACTS
PART A—AMENDMENTS TO THE INDIVIDUALS
WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.
(a) GRANT AMOUNTS.—Section 611(a) of the Indi-
viduals with Disabilities Education Act (referred to in this
title as the ‘‘IDEA’’) is amended—
(1) by amending paragraph (1) to read as
follows:
‘‘(1) Except as provided in paragraph (5), the maxi-
mum amount of the grant for which a State is eligible
under this section for any fiscal year is—
‘‘(A) the sum of—
796
‘‘(i) the number of children with disabil-
ities in the State, aged six through 21, who are
receiving special education and related services,
as determined under paragraph (3); and
‘‘(ii) the number of such children in the
State, aged three through five, if the State is
eligible for a grant under section 619; multi-
plied by
‘‘(B) 40 percent of the average per-pupil ex-
penditure in public elementary and secondary
schools in the United States.’’;
(2) by amending paragraph (2) to read as
follows:
‘‘(2) For the purpose of this section, the term ‘State’
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.’’; and
(3) in paragraph (5)(A)—
(A) in clause (i)—
(i) by striking ‘‘and the State’’ and
inserting ‘‘or the combined percentage of
such children counted by the Secretary for
the purpose of making fiscal year 199—
allocations under this section and under
subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Edu-
797
cation Act of 1965, as in effect the day be-
fore the date of the enactment of the Im-
proving America’s Schools Act of 1994,
whichever is greater, if the State’’; and
(ii) by inserting ‘‘and’’ at the end
thereof ;
(B) in clause (ii)—
(i) by striking ‘‘and the State’’ and
inserting ‘‘or the combined percentage of
such children counted by the Secretary for
the purpose of making fiscal year 1994 al-
locations under this section and under sub-
part 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education
Act of 1965, as in effect the day before the
date of the enactment of the Improving
America’s Schools Act of 1994, whichever
is greater, if the State’’; and
(ii) by striking out the semicolon and
‘‘and’’ at the end thereof and inserting in
lieu thereof a period; and
(C) by striking out clause (iii).
(b) AMOUNT RECEIVED.—Section 611(b) of the
IDEA is amended to read as follows:
798
‘‘(b)(1) Notwithstanding subsections (a) and (g) of
this section, no State shall receive an amount under this
section for any of the fiscal years 1995 through 1999 that
is less than the combined amount it received for fiscal year
1994 under—
‘‘(A) this section; and
‘‘(B) subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Education Act
of 1965 as in effect the day before the date of the
enactment of the Improving America’s Schools Act
of 1994, for children with disabilities aged three
through 21.
‘‘(2) If, for fiscal year 1998 or 1999, the number of
children determined under subsection (a)(3) for any State
is less than the total number of children with disabilities,
aged three through 21, counted for such State’s fiscal year
1994 grants under this section and under subpart 2 of
part D of chapter 1 of title I of the Elementary and Sec-
ondary Education Act of 1965, as in effect the day before
the date of the enactment of the Improving America’s
Schools Act of 1994, the amount determined under para-
graph (1) for such State shall be reduced by the same
percentage by which the number of such children so
declined.
799
‘‘(3) In any fiscal year in which the amount appro-
priated for grants under this section is less, in real dollar
terms, than the amount appropriated in the immediate
preceding fiscal year, the amount for each State under this
subsection will be reduced proportionately.’’.
(c) USES OF FUNDS.—Section 611(c) of the IDEA
is amended—
(1) by amending paragraph (1) to read as
follows:
‘‘(1) Of the funds received under subsection (a) by
any State for any fiscal year—
‘‘(A) the State may use up to 25 percent in ac-
cordance with paragraph (2); and
‘‘(B) except as provided in paragraph (4), the
State shall distribute at least 75 percent to local
educational agencies and intermediate educational
units, in accordance with subsection (d), for use in
accordance with priorities established under section
612(3).’’;
(2) in paragraph (2), by amending subpara-
graph (A) to read as follows:
‘‘(A) From the funds that any State may use under
paragraph (1)(A) for any fiscal year, the State—
‘‘(i) may use 5 percent of the funds received
under this section or $450,000, whichever is greater,
800
for administrative costs related to carrying out sec-
tions 612 and 613; and
‘‘(ii) shall use the remainder—
‘‘(I) to provide support services and direct
services, subject to subparagraph (B), in ac-
cordance with priorities established under sec-
tion 612(3); and
‘‘(II) for the administrative costs of mon-
itoring and complaint investigation, but only to
the extent that such costs exceed the costs of
administration incurred during fiscal year
1985.’’.
(d) STATE FUNDS.—Section 611(d) of the IDEA is
amended to read as follows:
‘‘(d)(1) From the total amount of funds available for
any fiscal year under subsection (c)(1)(B), the State shall
provide to each local educational agency or intermediate
educational unit an amount that bears the same ratio to
such total amount as the number of children, aged 3
through 21, determined under subsection (a)(3) for such
agency or unit bears to the total number of such children
determined for all such agencies and units that apply for
such funds.
‘‘(2)(A) To the extent necessary, the State—
801
‘‘(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State-owned or
State-operated school or program or State-supported
school or program that received fiscal year 1994
funds under subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Education Act
of 1965 receives, from the combination of such
funds and funds provided under paragraph (1), an
amount equal to—
‘‘(I) the number of children, aged 6
through 21, determined under subsection (a)(3)
for such agency; multiplied by
‘‘(II) the per-child amount provided under
such subpart for fiscal year 1994; and
‘‘(ii) may use such funds to ensure that each
local educational agency that received fiscal year
1994 funds under such subpart for children who had
transferred from a State-owned, State-operated, or
State-supported school or program assisted under
such subpart receives, from the combination of such
funds and funds provided under paragraph (1), an
amount for each such child, aged 3 through 21, de-
termined under subsection (a)(3) for such agency,
equal to the per-child amount the agency received
under such subpart for fiscal year 1994.
802
‘‘(B) For the purpose of subparagraph (A), the num-
ber of children determined under subsection (a)(3) for any
State agency or local educational agency shall not exceed
the number of children aged 3 through 21 for whom such
agency received funds under such subpart for such fiscal
year.
‘‘(3) In any fiscal year in which the amount appro-
priated for grants under this section is less, in real dollar
terms, than the amount appropriated in the preceding fis-
cal year, the amount for each State under this subsection
will be reduced proportionately.’’.
(e) JURISDICTION.—Section 611(e)(1) of the IDEA
is amended to read as follows:
‘‘(1) The jurisdictions to which this subsection ap-
plies are Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and
Palau (until the effective date of the Compact of Free As-
sociation with the Government of Palau).’’.
(f) 
POSSIBLE
RATABLE
REDUCTION.—Section
611(g) of the IDEA is amended to read as follows:
‘‘(g)(1)(A) If the sums appropriated under subsection
(h) for any fiscal year are not sufficient to pay in full the
total of the amounts that all States are eligible to receive
under subsection (a), each such amount shall be ratably
reduced.
803
‘‘(B) If additional funds become available for making
such payments for any fiscal year, such reduced amounts
shall be increased on the same basis as they were reduced.
‘‘(C) Any State that receives any such additional
funds shall distribute them in accordance with this section,
except that any State that has used funds available under
subsection (c)(2)(A)(ii) for the purposes described in sub-
section (d)(2) may—
‘‘(i) deduct, from the amount that it would oth-
erwise be required to make available to local edu-
cational agencies and intermediate educational units,
the same amount of such additional funds as it so
used; and
‘‘(ii) use such funds in accordance with sub-
section (c)(2)(A)(ii).
‘‘(2)(A) In any fiscal year for which payments have
been reduced and additional funds have not been made
available under paragraph (1) to pay in full the amounts
for which all States are eligible under this section, each
State educational agency shall fix dates by which each
local educational agency or intermediate educational unit
shall report to the State agency the amount of funds avail-
able to it under this section that it estimates it will
expend.
804
‘‘(B) The State educational agency shall, in accord-
ance with this section, reallocate any funds that it deter-
mines will not be used during the period of availability
by such local educational agencies and intermediate edu-
cational units, and by any such agency or unit to which
such funds would be available if it applied for them under
this part, to such local educational agencies and intermedi-
ate educational units that the State educational agency de-
termines will need, and be able to use, additional funds
to carry out approved programs.’’.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the IDEA is further amended by inserting
after section 614 the following new section:
‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES
‘‘SEC. 614A. (a) For the purpose of making pay-
ments under sections 611 and 619 of this Act, any State
agency that received funds for fiscal year 1994 under sub-
part 2 of part D of chapter 1 of title I of the Elementary
and Secondary Education Act of 1965 shall be treated as
if it were a local educational agency.
‘‘(b) The State educational agency shall ensure that
each State agency that owns or operates or supports a
program or school for children with disabilities with funds
under this part—
‘‘(1) provides each child with a disability in
such school or program a free appropriate public
805
education in accordance with this part, including the
due process protections of section 615, as if it were
a local educational agency; and
‘‘(2) has on file with the State educational
agency an application that meets the requirements
of section 614 that the Secretary finds appropriate.
‘‘(c) Section 611(c)(4) shall not apply with respect
to a State agency that is eligible for a payment under this
part by virtue of this section.’’.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) ALLOTMENTS.—Section 684(c) of the IDEA is
amended—
(1) by redesignating paragraph (2) as para-
graph (5); and
(2) by striking paragraph (1) and inserting
paragraphs (1) through (4) to read as follows:
‘‘(1) Except as provided in paragraphs (3) and (4),
from the funds remaining for each fiscal year after the
reservation and payments under subsections (a) and (b),
the Secretary shall first allot to each State an amount that
bears the same ratio to the amount of such remainder as
the number of infants and toddlers in the State bears to
the number of infants and toddlers in all States.
‘‘(2) For fiscal year 1995 only, the Secretary shall
allot $34,000,000 of the remaining funds described in
806
paragraph (1) among the States in proportion to the rel-
ative numbers of infants and toddlers who—
‘‘(A) are counted on December 1, 1994; and
‘‘(B) would have been eligible to be counted
under section 1221(c)(1) of the Elementary and Sec-
ondary Education Act of 1965 as in effect before the
enactment of the Improving America’s Schools Act
of 1994.
‘‘(3) Except as provided in paragraph (4), no State
shall receive an amount under this section for any fiscal
year that is less than the greater of—
‘‘(A) one-half of one percent of the remaining
amount described in paragraph (1), not including
any amounts allotted under paragraph (2); or
‘‘(B) $500,000.
‘‘(4)(A) No State shall receive an amount under this
section for any of the fiscal years 1995 through 1999 that
is less than the combined amount it received for fiscal year
1994 under—
‘‘(i) this part; and
‘‘(ii) subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Education Act
of 1965 for children with disabilities from birth
through age two.
807
‘‘(B) If, for fiscal year 1998 or 1999, the number
of infants and toddlers in any State, as determined under
paragraph (1), is less than the number of infants and tod-
dlers so determined for fiscal year 1994, the amount de-
termined under subparagraph (A) for that State shall be
reduced by the same percentage by which the number of
those infants and toddlers so declined.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect beginning in fiscal year
1995.
PART B—EDUCATION FOR HOMELESS CHILDREN
AND YOUTH
SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.
Section 101 of the Stewart B. McKinney Homeless
Assistance Act is amended by striking subtitles A and B
of title VII and inserting the following:
‘‘Subtitle A—Adult Education for the Homeless
‘‘Sec. 701. State literacy initiatives.
‘‘Subtitle B—Education for Homeless Children and Youth
‘‘Sec. 721. Statement of policy.
‘‘Sec. 722. Grants for state and local activities for the education of homeless
children and youth.
‘‘Sec. 723. Local educational agency grants for the education of homeless chil-
dren and youth.
‘‘Sec. 724. Secretarial responsibilities.
‘‘Sec. 725. Definitions.
‘‘Sec. 726. Authorization of appropriations.’’.
SEC. 321. STATEMENT OF POLICY.
Subtitle A of title VII of the Stewart B. McKinney
Homeless Assistance Act is amended to read as follows:
808
‘‘Subtitle A—Adult Education for
the Homeless
‘‘SEC. 701. STATE LITERACY INITIATIVES.
‘‘(a) GENERAL AUTHORITY.—(1) The Secretary of
Education is authorized to make grants to State edu-
cational agencies to enable each such agency to implement,
either directly or through contracts and grants, a program
of literacy training and academic remediation for adult
homeless individuals within the State, which program
shall—
‘‘(A) include outreach activities; and
‘‘(B) be coordinated with other agencies or or-
ganizations, such as community-based organizations,
nonprofit literacy-action organizations, and funding
recipients under the Adult Education Act, title II of
the Job Training Partnership Act, the Youth Fair
Chance program under title IV of the Job Training
Partnership Act, the Volunteers in Service to Amer-
ica program under the Domestic Volunteers Service
Act, part C of this title, or the Job Opportunity and
Basic Skills program under the Social Security Act.
‘‘(2) The Secretary of Education shall, in awarding
grants under this section, give special consideration to the
estimates submitted in the application submitted under
subsection (b) and make such awards in whatever amounts
809
he or she determines would best serve the purposes of this
section.
‘‘(b) APPLICATION.—Each State educational agency
desiring to receive a grant under this section shall submit
to the Secretary of Education an application at such time,
in such manner, and containing such information as the
Secretary may reasonably require. Each such application
shall include an estimate of the number of homeless indi-
viduals in the State and the number of such individuals
expected to be served.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out the adult literacy and academic
remediation programs authorized by this section, there are
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 1995 through 1999.
‘‘(d) DEFINITION.—As used in this section, the term
‘State’ means each of the 50 States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the North-
ern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government
of Palau).’’.
810
SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND
YOUTH.
Subtitle B of title VII of the Stewart B. McKinney
Homeless Assistance Act is amended to read as follows:
‘‘Subtitle B—Education for
Homeless Children and Youth
‘‘SEC. 721. STATEMENT OF POLICY.
‘‘It is the policy of the Congress that—
‘‘(1) each State educational agency shall ensure
that each child of a homeless individual and each
homeless youth has equal access to the same free,
appropriate public education, including a public pre-
school education, as provided to other children and
youth;
‘‘(2) in any State that has a compulsory resi-
dency requirement as a component of its compulsory
school attendance laws or other laws, regulations,
practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of home-
less children and youth, the State will review and
undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless chil-
dren and youth are afforded the same free, appro-
priate public education as provided to other children
and youth;
811
‘‘(3) homelessness alone should not be sufficient
reason to separate students from the mainstream
school environment; and
‘‘(4) homeless children and youth should have
access to the education and other services that they
need to ensure that they have an opportunity to
meet the same challenging State performance stand-
ards to which all students are held.
‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR
THE EDUCATION OF HOMELESS CHILDREN
AND YOUTH.
‘‘(a) GENERAL AUTHORITY.—The Secretary is, in ac-
cordance with the provisions of this section, authorized to
make grants to States to carry out the activities described
in subsections (d), (e), (f), and (g).
‘‘(b) APPLICATION.—No State may receive a grant
under this section unless the State educational agency
submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such in-
formation as the Secretary may reasonably require.
‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject
to paragraph (2) and section 724(c), from the amounts
appropriated for each fiscal year pursuant to section 726,
the Secretary is authorized to allot to each State an
amount that bears the same ratio to the amount appro-
812
priated in each such year as the amount allocated under
section 1123 of the Elementary and Secondary Education
Act of 1965 to the State in that year bears to the total
amount allocated to all States, except that no State shall
receive less than $100,000.
‘‘(2)(A) The Secretary is authorized to reserve 0.1
percent of the amount appropriated for each fiscal year
pursuant to section 726 to be allocated by the Secretary
among the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and
Palau (until the effective date of the Compact of Free As-
sociation with the Government of Palau), according to
their respective need, as determined by the Secretary.
‘‘(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year
under section 726 to the Department of the Interior for
programs for Indian students served by schools funded by
the Secretary of the Interior, as determined under the In-
dian Self-Determination and Education Assistance Act,
that are consistent with the purposes of this Act.
‘‘(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the require-
ments of this part, for the distribution and use of these
funds under terms that the Secretary determines best
meet the purposes of the covered programs. Such agree-
813
ment shall set forth the plans of the Secretary of the Inte-
rior for the use of the amounts transferred, including ap-
propriate goals, objectives, and milestones.
‘‘(3) As used in this subsection, the term ‘State’ shall
not include the Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, or
Palau.
‘‘(d) ACTIVITIES.—Grants under this section shall be
used—
‘‘(1) to carry out the policies set forth in sec-
tion 721 in the State;
‘‘(2) to provide activities for, and services to,
homeless children, including preschool-aged children,
and homeless youth that enable such children and
youth to enroll in, attend, and succeed in school, or,
if appropriate, in preschool programs;
‘‘(3) to establish or designate an Office of Coor-
dinator of Education of Homeless Children and
Youth in the State educational agency in accordance
with subsection (f);
‘‘(4) to prepare and carry out the State plan
described in subsection (g); and
‘‘(5) to develop and implement professional de-
velopment programs for school personnel to heighten
their awareness of, and capacity to respond to, spe-
814
cific problems in the education of homeless children
and youth.
‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to
subparagraph (B), if the amount allotted to the State edu-
cational agency for any fiscal year under this subtitle ex-
ceeds the amount such agency received for fiscal year
1990 under this subtitle, such agency shall provide grants
to local educational agencies for purposes of section 723.
‘‘(B) The State educational agency may reserve not
more than the greater of five percent of the amount it
receives under this subtitle for any fiscal year, or the
amount such agency received under this subtitle for fiscal
year 1990, to conduct activities under subsection (f) di-
rectly or through grants or contracts.
‘‘(2) If the amount allotted to a State educational
agency for any fiscal year under this subtitle is less than
the amount such agency received for fiscal year 1990
under this subtitle, such agency, at its discretion, may pro-
vide such grants or may conduct activities under sub-
section (f) directly or through grants or contracts.
‘‘(f) FUNCTIONS
OF
THE OFFICE
OF COORDINA-
TOR.—The Coordinator of Education of Homeless Chil-
dren and Youth established in each State shall—
‘‘(1) estimate the number of homeless children
and youth in the State and the number of such chil-
815
dren and youth served with assistance provided
under the grants under this subtitle;
‘‘(2) gather, to the extent possible, reliable,
valid, and comprehensive information on the nature
and extent of the problems homeless children and
youth have in gaining access to public preschool pro-
grams and to public elementary and secondary
schools, the difficulties in identifying the special
needs of such children and youth, any progress made
by the State educational agency and local edu-
cational agencies in the State in addressing such
problems and difficulties, and the success of the pro-
gram under this subtitle in allowing homeless chil-
dren and youth to enroll in, attend, and succeed in
school;
‘‘(3) develop and carry out the State plan de-
scribed in subsection (g);
‘‘(4) prepare and submit to the Secretary not
later than October 1, 1997, and on October 1 of
every third year thereafter, a report on the informa-
tion gathered pursuant to paragraphs (1) and (2)
and such additional information as the Secretary
may require to carry out responsibilities under this
subtitle;
816
‘‘(5) facilitate coordination between the State
educational agency, the State social services agency,
and other agencies providing services to homeless
children and youth and their families, including chil-
dren who are preschool age; and
‘‘(6) develop relationships and coordinate with
other relevant education, child development, or pre-
school programs and providers of services to home-
less children, homeless families, and runaway and
homeless youth (including domestic violence agen-
cies, shelter operators, transitional housing facilities,
runaway and homeless youth centers, and transi-
tional living programs for homeless youth), to im-
prove the provision of comprehensive services to
homeless children and youth and their families.
‘‘(g) STATE PLAN.—(1) Each State shall submit to
the Secretary a plan to provide for the education of home-
less children and youth within the State, which plan shall
describe how such children and youth are or will be given
the opportunity to meet the same challenging State per-
formance standards all students are expected to meet,
shall describe the procedures the State educational agency
will use to identify such children and youth in the State
and to assess their special needs, and shall—
817
‘‘(A) describe procedures for the prompt resolu-
tion of disputes regarding the educational placement
of homeless children and youth;
‘‘(B) describe programs for school personnel
(including principals, attendance officers, teachers
and enrollment personnel), to heighten the aware-
ness of such personnel of the specific needs of run-
away and homeless youth;
‘‘(C) describe procedures that ensure that
homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local food programs;
‘‘(D) describe procedures that ensure that—
‘‘(i) homeless children have equal access to
the same public preschool programs, adminis-
tered by the State agency, as provided to other
children; and
‘‘(ii) homeless children and youth who
meet the relevant eligibility criteria are able to
participate in Federal, State, or local before-
and after-school care programs;
‘‘(E) address problems set forth in the report
provided to the Secretary under subsection (f)(4);
818
‘‘(F) address other problems with respect to the
education of homeless children and youth, including
problems caused by—
‘‘(i) transportation issues; and
‘‘(ii) enrollment delays that are caused
by—
‘‘(I) immunization requirements;
‘‘(II) residency requirements;
‘‘(III) lack of birth certificates, school
records, or other documentation; or
‘‘(IV) guardianship issues;
‘‘(G) demonstrate that the State and local edu-
cational agencies in the State have developed, and
will review and revise, policies to remove barriers to
the enrollment and retention of homeless children
and youth in schools in the State; and
‘‘(H) contain an assurance that the State edu-
cational agency and local educational agencies in the
State will adopt policies and practices to ensure that
homeless children and youth are not isolated or stig-
matized.
‘‘(2) Each plan adopted under this subsection shall
also show how the State will ensure that local educational
agencies in the State will comply with the requirements
of paragraphs (3) through (9).
819
‘‘(3)(A) The local educational agency that serves each
homeless child and youth shall, according to the child’s
or youth’s best interest, either—
‘‘(i) continue the child’s or youth’s education in
the school of origin—
‘‘(I) for the remainder of the academic
year; or
‘‘(II) in any case in which a family be-
comes homeless between academic years, for the
following academic year; or
‘‘(ii) enroll the child or youth in any public
school that nonhomeless students who live in the at-
tendance area in which the child or youth is actually
living are eligible to attend.
‘‘(B) In determining the best interests of the child
or youth under subparagraph (A), the local educational
agency shall comply with the request made by a parent
or guardian regarding school selection unless there is a
compelling reason for not complying with this request.
‘‘(C) For purposes of this paragraph, the term ‘school
of origin’ means the school that the child or youth at-
tended when permanently housed, or the school in which
the child or youth was last enrolled.
‘‘(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
821
‘‘(A) so that the records are available, in a
timely fashion, when a child or youth enters a new
school district; and
‘‘(B) in a manner consistent with section 438 of
the General Education Provisions Act.
‘‘(6) Each local educational agency serving homeless
children and youth that receives assistance under this sub-
title shall coordinate with local social services agencies and
other agencies or programs providing services to such chil-
dren or youth and their families, including services and
programs funded under the Runaway and Homeless Youth
Act.
‘‘(7)(A) Each local educational agency in a State that
receives a grant under this subtitle shall designate a home-
lessness liaison to ensure that—
‘‘(i) homeless children and youth enroll and suc-
ceed in the schools of such agency; and
‘‘(ii) homeless families, children, and youth re-
ceive educational services for which they are eligible,
including preschool programs administered by the
local educational agency, and referrals to health care
services, dental services, mental health services, and
other appropriate services.
‘‘(B) State coordinators and local educational agen-
cies shall inform school personnel, service providers, and
822
advocates working with homeless families of the duties of
the liaisons.
‘‘(8) Each State and local educational agency shall
review and revise any policies that may act as barriers
to the enrollment of homeless children and youth in
schools selected in accordance with paragraph (3). In re-
viewing and revising such policies, consideration shall be
given to issues concerning transportation, immunization,
residency, birth certificates, school records, and other doc-
umentation, and guardianship. Special attention shall be
given to ensuring the enrollment and attendance of home-
less children and youth who are not currently attending
school.
‘‘(9) A State and local eductional agency shall coordi-
nate with State and local housing agencies responsible for
developing the comprehensive housing affordability strat-
egy. Consideration shall be given to State and local hous-
ing and shelter policies described in the Comprehensive
Housing Affordability Strategy to minimize educational
disruption for children who become homeless.
‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND
YOUTH.
‘‘(a) GENERAL AUTHORITY.—(1) The State edu-
cational agency shall, in accordance with section 722(e)
823
and with amounts made available to such agency under
section 726, make grants to local educational agencies for
the purpose of facilitating the enrollment, attendance, and
success in school of homeless children and youth.
‘‘(2) Unless otherwise specified, services under para-
graph (1) may be provided through programs on school
grounds or at other facilities. Where services are provided
through programs to homeless students on school grounds,
schools may provide services to other children and youth
who are determined by the local educational agency to be
at risk of failing in, or dropping out of, schools, on an
incidental basis. To the maximum extent practicable, serv-
ices shall be provided through existing programs and
mechanisms that integrate homeless individuals with
nonhomeless individuals.
‘‘(3) Services provided under this section are not in-
tended to replace the regular academic program and shall
be designed to expand upon or improve services provided
as part of the school’s regular academic program.
‘‘(b) APPLICATION.—A local educational agency that
desires to receive a grant under this section shall submit
an application to the State educational agency at such
time, in such manner, and containing or accompanied by
such information as the State educational agency may rea-
824
sonably require according to guidelines issued by the Sec-
retary. Each such application shall include—
‘‘(1) a description of the services and programs
for which assistance is sought and the problems to
be addressed through the provision of such services
and programs;
‘‘(2) an assurance that the local educational
agency’s 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 such 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;
‘‘(3) an assurance that the applicant complies
with, or will use requested funds to come into com-
pliance with, paragraphs (3) through (9) of section
722(g); and
‘‘(4) a description of policies and procedures
that the agency will implement to ensure that activi-
ties carried out by the agency will not isolate or stig-
matize homeless children and youth.
‘‘(c) AWARDS.—(1) The State educational agency
shall, in accordance with section 722(g) and with amounts
made available to such agency under section 726, award
825
grants under this section to local educational agencies sub-
mitting an application under subsection (b) on the basis
of the need of such agencies.
‘‘(2) In determining need under paragraph (1), the
State educational agency may consider the number of
homeless children and youth enrolled in preschool, elemen-
tary, and secondary schools within the area served by the
agency, and shall consider the needs of such children and
youth and the ability of the agency to meet such needs.
Such agency may also consider—
‘‘(A) the extent to which the proposed use of
funds would facilitate the enrollment, retention, and
educational success of homeless children and youth;
‘‘(B) the extent to which the application reflects
coordination with other local and State agencies that
serve homeless children and youth, as well as the
State plan required by section 722(g);
‘‘(C) the extent to which the applicant exhibits
in the application and in current practice a commit-
ment to education for all homeless children and
youth; and
‘‘(D) such other criteria as the agency deter-
mines appropriate.
‘‘(3) Grants awarded under this section shall be for
terms not to exceed three years.
826
‘‘(d) AUTHORIZED ACTIVITIES.—(1) A local edu-
cational agency may use funds awarded under this section
for activities to carry out the purpose of this subtitle, in-
cluding—
‘‘(A) the provision of tutoring and accelerated
instruction and enriched educational services that
are linked to the achievement of the same challeng-
ing standards the State establishes for other chil-
dren or youth;
‘‘(B) the provision of expedited evaluations of
the strengths and needs of homeless children and
youth, including needs and eligibility for programs
and services (such as educational programs for gift-
ed and talented students, children with disabilities,
and students with limited-English proficiency, serv-
ices provided under title I of the Elementary and
Secondary Education Act of 1965 or similar State
or local programs, programs in vocational education,
and school meals programs);
‘‘(C) professional development and other activi-
ties for educators and other school personnel that is
designed to heighten the understanding and sensitiv-
ity of such personnel to the needs of homeless chil-
dren and youth, the rights of such children and
827
youth under this Act, and the specific educational
needs of runaway and homeless youth;
‘‘(D) the provision of referral services to home-
less children and youth for medical, dental, mental,
and other health services;
‘‘(E) the provision of assistance to defray the
excess cost of transportation for students pursuant
to sections 722(g)(4) or 722(g)(9), not otherwise
provided through Federal, State, or local funding,
where necessary to enable students to attend the
school selected under section 722(g)(3);
‘‘(F) the provision of developmentally appro-
priate early childhood education programs, not oth-
erwise provided through Federal, State, or local
funding, for preschool-aged children;
‘‘(G) the provision of before- and after-school,
mentoring, and summer programs for homeless chil-
dren and youth in which a teacher or other qualified
individual provides tutoring, homework assistance,
and supervision of educational activities;
‘‘(H) where necessary, the payment of fees and
other costs associated with tracking, obtaining, and
transferring records necessary to enroll homeless
children and youth in school, including birth certifi-
cates, immunization records, academic records,
828
guardianship records, and evaluations for special
programs or services;
‘‘(I) the provision of education and training to
the parents of homeless children and youth about
the rights of, and resources available to, such chil-
dren and youth;
‘‘(J) the development of coordination between
schools and agencies providing services to homeless
children and youth, including programs funded
under the Runaway and Homeless Youth Act;
‘‘(K) the provision of counseling (including vio-
lence prevention counseling), social work, and psy-
chological services, and referrals for such services;
‘‘(L) activities to address the particular needs
of homeless children and youth that may arise from
domestic violence;
‘‘(M) the adaptation of space and purchase of
supplies for nonschool facilities made available under
subsection (a)(2) to provide services under this sub-
section;
‘‘(N) the provision of school supplies; and
‘‘(O) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
829
‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.
‘‘(a) REVIEW OF PLANS.—In reviewing the State
plans submitted by the State educational agencies under
section 722(g), the Secretary shall use a peer review proc-
ess and shall evaluate whether State laws, policies, and
practices described in such plans adequately address the
problems of homeless children and youth relating to access
to education and placement as described in such plans.
‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall
provide support and technical assistance to the State edu-
cational agencies to assist such agencies to carry out their
responsibilities under this subtitle.
‘‘(c) EVALUATION AND DISSEMINATION.—The Sec-
retary shall conduct evaluation and dissemination activi-
ties of programs designed to meet the educational needs
of homeless elementary and secondary school students,
and may use funds appropriated under section 726 to con-
duct such activities.
‘‘(d) SUBMISSION
AND DISTRIBUTION.—The Sec-
retary shall require applications for grants under this sub-
title to be submitted to the Secretary not later than the
expiration of the 60-day period beginning on the date that
funds are available for purposes of making such grants
and shall make such grants not later than the expiration
of the 120-day period beginning on such date.
830
‘‘(e) DETERMINATION
BY SECRETARY.—The Sec-
retary, based on the information received from the States
and information gathered by the Secretary under sub-
section (d), shall determine the extent to which State edu-
cational agencies are ensuring that each homeless child
and homeless youth has access to a free appropriate public
education as described in section 721(1).
‘‘(f) REPORTS.—The Secretary shall prepare and
submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on
Labor and Human Resources of the Senate on the pro-
grams and activities authorized by this subtitle by Decem-
ber 31, 1997, and every third year thereafter.
‘‘SEC. 725. DEFINITIONS.
‘‘For the purpose of this subtitle, unless otherwise
stated—
‘‘(1) the term ‘Secretary’ means the Secretary
of Education; and
‘‘(2) the term ‘State’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this subtitle, there
are authorized to be appropriate $30,000,000 for fiscal
831
year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.’’.
PART C—IMPACT AID STATUTES
SEC. 331. AMENDMENTS TO PUBLIC LAW 815.
(a) SECTION 1.—Section 1 of the Act of September
23, 1950 (Public Law 815, 81st Congress; 20 U.S.C. 631)
is amended—
(1) by striking the 2nd sentence of subsection
(a); and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) There are authorized to be appropriated to carry
out this Act $12,500,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.’’.
(b) SECTION 2.—Section 2 of such Act is amended
to read as follows:
‘‘SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR
PAYMENTS.
‘‘For each fiscal year the Secretary shall distribute
the funds appropriated in accordance with section 1 which
shall be available for carrying out the provisions of sec-
tions 5, 9, 10, and 14. The funds provided under section
1 for the schools serving military dependents and Indian
lands shall be divided equally between section 5 and sec-
832
tion 14 of this Act. Funds provided under section 5 of
this Act shall be divided equally between the priority cat-
egories of section 1(a)(1) and 1(a)(2) of this Act.’’.
(c) SECTION 3.—Section 3 of such Act (20 U.S.C.
633) is amended to read as follows:
‘‘SEC. 3. ESTABLISHMENT OF PRIORITIES.
‘‘Applications 
for 
construction 
or 
modification
projects provided for under this Act must be filed by June
30 of the fiscal year prior to the year in which funds are
first requested. The Secretary shall use the following order
of priority in approving applications under section 5 and
funded in accordance with section 1(a)(1) and section
1(a)(2) of this Act. The priority of payment of application
under section 1(a)(1) shall be based on the highest per-
centage of number of children in need of minimum school
facilities. The priority of payment of applications under
section 1(a)(2) shall be based on the highest percentage
of federally connected students eligible for payment. The
Secretary shall use the priorities stated in this section in
approving applications in the event the funds appropriated
under section 1 of this title and remaining available on
any such date for payment to local educational agencies
are less than the Federal share of the cost of the projects
with respect to which applications have been filed prior
to such date (and for which funds under section 1 have
833
not already been obligated). Only applications meeting the
conditions for approval under this Act (other than section
6(b)(2)(C)) shall be considered applications for purposes
of the preceding sentence. Such order of priority shall pro-
vide that applications payments based upon increases in
the number of children residing on, or residing with a par-
ent employed on property which is party of a low-rent
housing project assisted under the United States Housing
Act of 1937 shall not be approved for any fiscal year until
all other applications under paragraph (2) of subsection
(a) of section 5 have been approved for the fiscal year.’’.
(d) SECTION 5.—Section 5 of such Act (20 U.S.C.
635) is amended to read as follows:
‘‘SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL
EDUCATIONAL AGENCY.
‘‘(a) Subject to the limitations in subsection (c) the
total of the payments to a local educational agency under
this Act may not exceed the sum of—
‘‘(1) the estimated increase, since the base year,
in the number of children determined with respect to
such agency who live on Federal property and have
a parent who works on Federal property multiplied
by 100 percent of the average per pupil cost of con-
structing minimum school facilities in the State in
which the school district of such agency is situated;
834
‘‘(2) the estimated increase, since the base year,
in the number of children determined with respect to
such agency who have a parent who lives on or
works on Federal property multiplied by 50 percent
of such cost; and
‘‘(3) In computing for any local educational
agency the number of children in an increase under
paragraph (1) or (2), the estimated number of chil-
dren described in such paragraph who will be in the
membership of the schools of such agency at the
close of the increase period shall be compared with
the estimated number of such children in average
daily membership of the schools of such agency dur-
ing the base year. However, the base year average
daily membership shall be adjusted to exclude the
number of children that formed the basis for pre-
vious payments on applications approved 30 or more
years prior to the close of the increased period for
the current application.
‘‘(b) If two of the paragraphs of subsection (a) apply
to a child, the local educational agency shall elect which
of such paragraphs shall apply to such child, except that,
notwithstanding the election of a local educational agency
to have paragraph (2) apply to a child instead of para-
graph (1), the determination of the maximum amount for
835
such agency under subsection (a) shall be made without
regard to such election.
‘‘(c) A local educational agency shall not be eligible
to have any amount included in its maximum by reason
of paragraphs (1), (2), and (3) of subsection (a) unless
the increase in children referred to in such paragraph is
at least 20, and in the case of paragraphs (1), (2), and
(3) of subsection (a), is—
‘‘(1) equal to at least 6 percent of the number
of federally connected children who were in the aver-
age daily membership of the schools of such agency
during the base year, or
‘‘(2) at least 750,
whichever is the lesser.
‘‘(d) Notwithstanding the provisions of subsection (c)
of this section, whenever and to the extent that, in his
judgment, exceptional circumstances exist which make
such action necessary to avoid inequity and avoid defeat-
ing the purposes of the Act, the Secretary may waive or
reduce the minimum number requirement or any percent-
age requirement or requirements in subsection (c).
‘‘(e) In determining under this section the total of
the payments which may be made to a local educational
agency on the basis of any application, the total number
836
of children counted for purposes of paragraph (1) or (2),
as the case may be, of subsection (a) may not exceed—
‘‘(1) the number of children whose membership
at the close of the increase period for the application
is compared with average daily membership in the
base period for purposes of that paragraph, provided
that the base year average daily membership does
not include any children which formed the basis of
payment in the applications approved 30 or more
years ago, minus
‘‘(2) the number of such children whose mem-
bership at the close of the increase period was com-
pared with membership in the base year for pur-
poses of such paragraph under the last previous ap-
plication, provided the application was funded within
the last 4 years, if any, of the agency on the basis
of which any payments have been or may be made
to that agency.’’.
(e) SECTION 6.—Section 6 of such Act (20 U.S.C.
636) is amended by adding at the end the following new
subsection:
‘‘(d) If the application has not been funded within
the 3-year period, the local educational agency must
recertify their need to have the application remain
active.’’.
837
SEC. 332. REPEAL OF PUBLIC LAW 874.
The Act of September 30, 1950 (Public Law 874,
81st Congress; 20 U.S.C. 236 et seq.) is hereby repealed.
PART D—AMENDMENTS TO ADULT
EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) Section 342(c)(11) of the Adult Education Act
is amended by inserting ‘‘Even Start,’’ after ‘‘1963,’’.
(b) Section 384(n) is amended by striking ‘‘and
1995’’ and inserting ‘‘1995, and 1996’’.
PART E—AMENDMENTS TO EDUCATION
COUNCIL ACT OF 1991
SEC. 341. FINDINGS.
Section 201 of the Education Council Act of 1991
(hereafter in this Act referred to as the ‘‘Act’’) is amend-
ed—
(1) by amending paragraph (2) to read as fol-
lows:
‘‘(2) the writing problem has been magnified by
the rapidly changing student populations in the
Nation’s schools and the growing number of stu-
dents who are at risk because of limited-English pro-
ficiency;’’;
(2) in paragraph (6)—
(A) by inserting ‘‘writing and reading are
both fundamental to learning, yet writing has
838
been historically neglected in the schools and
colleges, and’’ before ‘‘most’’; and
(B) by striking the comma before ‘‘have’’;
(3) by amending paragraph (10) to read as
follows:
‘‘(10) the National Writing Project has become
a model for programs to improve teaching in such
other fields as mathematics, science, history, lit-
erature, performing arts, and foreign languages;’’;
(4) by amending paragraph (15) to read as
follows:
‘‘(15) each year over 100,000 teachers volun-
tarily seek training in National Writing Project in-
tensive summer institutes and workshops and school-
year in-service programs through one of the 154 re-
gional sites located in 45 States, the Commonwealth
of Puerto Rico, and in 4 sites that serve United
States teachers teaching in United States dependent
and independent schools;’’;
(5) by striking paragraph (17);
(6) by redesignating paragraph (18) as para-
graph (17);
(7) in paragraph (17) (as redesignated in para-
graph (6)), by striking the period at the end thereof
and inserting a semicolon; and
839
(8) by adding at the end the following new
paragraphs:
‘‘(18) independent evaluation studies have
found the National Writing Project to be highly cost
effective compared to other professional development
programs for teachers; and
‘‘(19) during 1991, the first year of Federal
support for the National Writing Project, the Na-
tional Writing Project matched the $1,951,975 in
Federal support with $9,485,504 in matching funds
from State, local, and other sources.’’.
SEC. 342. NATIONAL WRITING PROJECT.
Section 202 of the Act is amended—
(1) in subsection (d)—
(A) in paragraph (3)—
(i) by striking the subparagraph des-
ignation ‘‘(A)’’; and
(ii) by striking subparagraph (B); and
(B) by striking paragraph (4);
(2) in subsection (e)—
(A) in the matter preceding subparagraph
(A) of paragraph (1), by striking ‘‘to enable’’
and inserting ‘‘to pay the Federal share of the
cost of enabling’’; and
840
(B) by adding at the end the following new
paragraph:
‘‘(4) FEDERAL
SHARE.—For the purpose of
this subsection the term ‘Federal share’ means, with
respect to the costs of activities assisted under this
subsection, 50 percent of such costs to the elemen-
tary or secondary school teacher.’’;
(3) by amending subsection (g) to read as
follows:
‘‘(g) EVALUATION.—
‘‘(1) IN GENERAL.—The Secretary shall con-
duct an independent evaluation of the teacher train-
ing programs assisted under this section. Such eval-
uation shall specify the amount of funds expended
by the National Writing Project and each contractor
receiving assistance under this section. The results
of such evaluation shall be made available to the ap-
propriate committees of the Congress.
‘‘(2) FUNDING
LIMITATION.—The Secretary
shall reserve not more than $150,000 from the total
amount appropriated pursuant to the authority of
subsection (i) for fiscal year 1994 and the 4 suc-
ceeding fiscal years to conduct the evaluation de-
scribed in paragraph (1).’’;
841
(4) by amending subsection (h) to read as
follows:
‘‘(h) RESEARCH AND DEVELOPMENT ACTIVITIES.—
‘‘(1) GRANTS
AUTHORIZED.—From amounts
appropriated pursuant to the authority of subsection
(i)(2), the National Writing Project shall make
grants to individuals and institutions of higher edu-
cation that either have participated in a National
Writing Project institute or are institutions des-
ignated as National Writing Project sites, to enable
such individuals and institutions to conduct research
activities involving the teaching of writing.
‘‘(2) APPLICATION
REVIEW.—The National
Writing Project shall establish and operate a Na-
tional Review Board that shall consist of—
‘‘(A) leaders in the field of research in
writing; and
‘‘(B) such other individuals as the Na-
tional Writing Project deems necessary.
‘‘(3) DUTIES.—The National Review Board
shall—
‘‘(A) review all applications for assistance
under this subsection; and
842
‘‘(B) recommended applications for assist-
ance under this subsection for funding by the
National Writing Project.
‘‘(4) JUNIOR
RESEARCHER
PRIORITY
AND
FUNDING RULE.—(A) In awarding grants pursuant
to paragraph (1), the National Writing Project shall
give priority to awarding such grants to junior re-
searchers.
‘‘(B) The National Writing Project shall award
not less than 25 percent of the funds received pursu-
ant to subsection (i)(2) to junior researchers.
‘‘(5) AVAILABILITY
OF
FINDINGS.—The Na-
tional Writing Project shall make available to the
Secretary and to the network of National Writing
Project sites the findings of the research conducted
pursuant to the authority of paragraph (1).’’; and
(5) in subsection (i)—
(A) in paragraph (1)—
(i) by striking ‘‘1991’’ and inserting
‘‘1994’’; and
(ii) by striking ‘‘fiscal years 1992 and
1993’’ and inserting ‘‘each of the 4 suc-
ceeding fiscal years’’; and
(B) by amending paragraph (2) to read as
follows:
843
‘‘(2) RESEARCH AND DEVELOPMENT.—In each
fiscal year in which the amount appropriated pursu-
ant to the authority of paragraph (1) equals or ex-
ceeds $10,000,000, there are authorized to be appro-
priated $500,000 to carry out the provisions of sub-
section (h).’’.
PART F—AMENDMENTS TO STATUTES
PERTAINING TO INDIAN EDUCATION
SEC. 351. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of Public Law 95–561 (25 U.S.C.
2001 et seq.) is amended to read as follows:
‘‘PART B—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF IN-
DIAN CHILDREN IN BUREAU OF INDIAN AF-
FAIRS SCHOOLS.
‘‘(a) The purpose of the standards developed under
this section shall be to afford Indian students being served
by a Bureau funded school with the same opportunities
as all other students to achieve the high goals embodied
in the Goals 2000: Educate America Act. Consistent with
the provisions of this section and section 1131 of this part,
the Secretary shall take such actions as are necessary to
coordinate standards developed and implemented under
this section with those in the State plans developed and
844
implemented pursuant to the Goals 2000: Educate Amer-
ica Act for the States in which each Bureau funded school
operates. In developing and reviewing these standards and
such coordination, the Secretary shall utilize the findings
and recommendations of the panel established by the
Goals 2000: Educate America Act.
‘‘(b) The Secretary, in consultation with the Sec-
retary of Education, and in consultation with Indian orga-
nizations and tribes, shall carry out or cause to be carried
out by contract with an Indian organization such studies
and surveys, making the fullest use possible of other exist-
ing studies, surveys, and plans, as are necessary to estab-
lish and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies
and surveys shall take into account factors such as aca-
demic needs, local cultural differences, type and level of
language skills, geographic isolation, and appropriate
teacher-student ratios for such children, and shall be di-
rected toward the attainment of equal eductional oppor-
tunity for such children.
‘‘(c)(1) Within 18 months of the date of enactment
of this Act, the Secretary shall revise the minimum aca-
demic standards published in the Federal Register of No-
vember 1983 for the basic education of Indian children
which are consistent with subsections (a) and (b) of this
845
section and section 1131, and shall distribute such revised
standards in the Federal Register for the purpose of re-
ceiving comments from the tribes and other interested par-
ties. Within 21 months of the date of enactment of the
Elementary and Secondary Education Act Amendments of
1993, the Secretary shall establish final standards, distrib-
ute such standards to all the tribes and publish such
standards in the Federal Register. The Secretary shall re-
vise such standards periodically as necessary. Prior to any
revision of such standards, the Secretary shall distribute
such proposed revision to all the tribes, and publish such
proposed revision in the Federal Register, for the purpose
of receiving comments from the tribes and other interested
parties.
‘‘(2) Such standards shall apply to Bureau schools,
and subject to subsection (f), to contract and grant
schools, and may also serve as a model for educational
programs for Indian children in public schools. In estab-
lishing and revising such standards, the Secretary shall
take into account the special needs of Indian students and
the support and reinforcement of the specific cultural her-
itage of each tribe. Such standards shall include a require-
ment, developed in coordination with Indian tribes, the af-
fected local school boards, the Indian Health Service of
the Department of Health and Human Services, the State
846
health departments, and the Centers for Disease Control
and Prevention, on immunization for childhood diseases,
including provisions for in-school immunization, where
necessary.
‘‘(d) The Secretary shall provide alternative or modi-
fied standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of
each school shall be in compliance with the minimum
standards required for accreditation of schools in the State
where the school is located.
‘‘(e) A tribal governing body, or the local school board
so designated by the tribal governing body, shall have the
local authority to waive, in part or in whole, the standards
established under subsections (c) and (d), where such
standards are deemed by such body to be inappropriate
or ill-conceived. The tribal governing body or designated
school board shall, within 60 days thereafter, submit to
the Secretary a proposal for alternative standards that
takes into account the specific needs of the tribe’s chil-
dren. Such revised standards shall be established by the
Secretary unless specifically rejected by the Secretary for
good cause and in writing to the affected tribes or local
school board, which rejection shall be final and
unreviewable.
847
‘‘(f)(1) The Secretary, through contracting and
grant-making procedures, shall assist school boards of
contract and grant schools in the implementation of the
standards established under subsection (c) and (d), if the
school boards request that such standards, in part or in
whole, be implemented. At the request of a contract or
grant school board, the Secretary shall provide alternative
or modified standards for the standards established under
subsections (c) and (d) to take into account the needs of
the Indian children and the contract or grant school.
‘‘(2) Within 1 year of the date of the enactment of
the Indian Education Technical Amendments Act of 1985,
the Bureau shall, either directly or through contract with
an Indian organization, establish a consistent system of
reporting standards for fiscal control and fund accounting
for all contract schools. Such standards shall yield data
results comparable to those used by Bureau schools.
‘‘(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under
this section immediately upon the date of their establish-
ment. No later than January 1, 1995, and at each time
thereafter that the annual budget request for Bureau edu-
cational services is presented, the Secretary shall submit
to the appropriate committees of Congress a detailed plan
to bring all Bureau and contract and grant schools up to
848
the level required by the applicable standards established
under this section. Such plan shall include, but not be lim-
ited to, detailed information on the status of each school’s
educational program in relation to the applicable stand-
ards established under this section, specific cost estimates
for meeting such standards at each school, and specific
time lines for bringing each school up to the level required
by such standards.
‘‘(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau of
Indian Affairs on or after January 1, 1992, may be closed
or consolidated or have its program substantially curtailed
unless done according to the requirements of this sub-
section, except that, in those cases where the tribal govern-
ing body, or the local school board concerned (if so des-
ignated by the tribal governing body), requests closure or
consolidation, the requirements of this subsection shall not
apply. The requirements of this subsection shall not apply
when a temporary closure, consolidation, or substantial
curtailment is required by plant conditions which con-
stitute an immediate hazard to health and safety.
‘‘(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation,
or substantial curtailment of Bureau schools in accordance
with the requirements of this subsection.
849
‘‘(3) Whenever closure, transfer to any other author-
ity, consolidation, or substantial curtailment of a school
is under active consideration or review by any division of
the Bureau or the Department of the Interior, the affected
tribe, tribal governing body, and designated local school
board, will be notified as soon as such consideration or
review begins, kept fully and currently informed, and af-
forded an opportunity to comment with respect to such
consideration or review. When a formal decision is made
to close, transfer to any other authority, consolidate, or
substantially curtail a school, the affected tribe, tribal gov-
erning body, and designated local school board shall be
notified at least 6 months prior to the end of the school
year preceding the proposed effective date. Copies of any
such notices and information shall be transmitted prompt-
ly to the Congress and published in the Federal Register.
‘‘(4) The Secretary shall make a report to Congress,
the affected tribe, and the designated local school board
describing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report
shall include a study of the impact of such action on the
student population, with every effort to identify those stu-
dents with particular educational and social needs, and to
ensure that alternative services are available to such stu-
dents. Such report shall include the description of the con-
850
sultation conducted between the potential service provider,
current service provider, parents, tribal representative and
the tribe or tribes involved, and the Director of the Office
of Indian Education Programs within the Bureau regard-
ing such students. No irreversible action may be taken in
furtherance of any such proposed school closure, transfer
to any other authority, consolidation, or substantial cur-
tailment (including any action which would prejudice the
personnel or programs of such school) until the end of the
first full academic year after such report is made.
‘‘(5) The Secretary may terminate, contract, transfer
to any other authority, or consolidate or substantially cur-
tail the operation or facilities of—
‘‘(A) any Bureau funded school that is operated
on or after April 1, 1987,
‘‘(B) any program of such a school that is oper-
ated on or after April 1, 1987, or
‘‘(C) any school board of a school operated
under a grant under the Tribally Controlled Schools
Act of 1988 (Public Law 100–297),
only if the tribal governing body approves such action.
‘‘(i) There are hereby authorized to be appropriated
such sums as may be necessary, for academic program
costs, in order to bring all Bureau and contract schools
851
up to the level required by the applicable standards estab-
lished under this section.
‘‘(j)(1) All schools funded by the Bureau of Indian
Affairs shall include within their curriculum a program of
instruction relating to alcohol and substance abuse preven-
tion and treatment. The Assistant Secretary shall provide
the technical assistance necessary to develop and imple-
ment such a program for students in kindergarten and
grades 1 through 12, at the request of—
‘‘(A) any Bureau of Indian Affairs school (sub-
ject to the approval of the school board of such
school);
‘‘(B) any school board of a school operating
under a contract entered into under the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450 et seq.); or
‘‘(C) any school board of a school operating
under a grant under the Tribally Controlled Schools
Act of 1988 (Public Law 100–297).
‘‘(2) In schools operated directly by the Bureau of
Indian Affairs, the Secretary shall provide for—
‘‘(A) accurate reporting of all incidents relating
to alcohol and substance abuse; and
‘‘(B) individual student crisis intervention.
852
‘‘(3) The programs requested under paragraph (1)
shall be developed in consultation with the Indian tribe
that is to be served by such program and health personnel
in the local community of such tribe.
‘‘(4) Schools requesting program assistance under
this subsection are encouraged to involve family units and,
where appropriate, tribal elders and Native healers in such
instructions.
‘‘(k) For purposes of this section, the term ‘tribal
governing body’ means, with respect to any school, the
tribal governing body, or tribal governing bodies, that rep-
resent at least 90 percent of the students served by such
school.
‘‘(l)(1)(A) The Secretary shall only consider the fac-
tors described in subparagraphs (B) and (C) in review-
ing—
‘‘(i) applications from any tribe for the award-
ing of a contract or grant for a school that is not
a Bureau funded school, and
‘‘(ii) applications from any tribe or school board
of any Bureau funded school for—
‘‘(I) a school which is not a Bureau funded
school; or
‘‘(II) the expansion of a Bureau funded
school which would increase the amount of
853
funds received by the Indian tribe or school
board under section 1127.
The Secretary shall give consideration to all of such fac-
tors, but none of such applications may be denied based
primarily upon the geographic proximity of public edu-
cation.
‘‘(B) The Secretary shall consider the following fac-
tors relating to the program that is the subject of an appli-
cation described in subparagraph (A):
‘‘(i) The adequacy of facilities or the potential
to obtain or provide adequate facilities.
‘‘(ii) Geographic and demographic factors in the
affected areas.
‘‘(iii) Adequacy of the applicant’s program
plans or, in the case of a Bureau funded school, of
projected needs analysis done either by a tribe or by
Bureau personnel.
‘‘(iv) Geographic proximity of comparable public
education.
‘‘(v) The stated needs of all affected parties, in-
cluding (but not limited to) students, families, tribal
governments at both the central and local levels, and
school organizations.
‘‘(C) The Secretary shall consider with respect to ap-
plications described in subparagraph (A) the following fac-
854
tors relating to all the educational services available at the
time the application is considered:
‘‘(i) Geographic and demographic factors in the
affected areas.
‘‘(ii) Adequacy and comparability of programs
already available.
‘‘(iii) Consistency of available programs with
tribal educational codes or tribal legislation on edu-
cation.
‘‘(iv) The history and success of these services
for the proposed population to be served, as deter-
mined from all factors and not just standardized ex-
amination performance.
‘‘(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by no later than the date that is 180 days after
the day on which such application is submitted to the
Secretary.
‘‘(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an applica-
tion by the date described in subparagraph (A), the appli-
cation shall be treated as having been approved by the
Secretary.
‘‘(3)(A) Any application described in paragraph
(1)(A) may be submitted to the Secretary only if—
855
‘‘(i) the application has been approved by the
tribal governing body of the students served by (or
to be served by) the school or program that is the
subject of the application, and
‘‘(ii) written evidence of such approval is sub-
mitted with the application.
‘‘(B) Each application described in paragraph
(1)(A)—
‘‘(i) shall provide information concerning each
of the factors described in paragraph (1)(B), and
‘‘(ii) may provide information concerning the
factors described in paragraph (1)(C).
‘‘(4) Whenever the Secretary makes a determination
to deny approval of any application described in paragraph
(1)(A), the Secretary shall—
‘‘(A) state the objections in writing to the appli-
cant by no later than the date that is 180 days after
the day on which the application is submitted to the
Secretary,
‘‘(B) provide assistance to the applicant to over-
come stated objections, and
‘‘(C) provide the applicant a hearing, under the
same rules and regulations pertaining to the Indian
Self-Determination and Education Assistance Act,
856
and an opportunity to appeal the objections raised
by the Secretary.
‘‘(5)(A) Except as otherwise provided in this para-
graph, the action which is the subject of any application
described in paragraph (1)(A) that is approved by the Sec-
retary shall become effective with the commencement of
the academic year succeeding the fiscal year in which the
application is approved, or at an earlier date determined
by the Secretary.
‘‘(B) If an application is treated as having been ap-
proved by the Secretary by reason of paragraph (2)(B),
the action that is the subject of the application shall be-
come effective on the date that is 18 months after the
date on which the application is submitted to the Sec-
retary, or at an earlier date determined by the Secretary.
‘‘SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUA-
TIONS.
‘‘(a) The Secretary, in consultation with the Sec-
retary of the Department of Education, and in consulta-
tion with Indian organizations and tribes, shall conduct
or cause to be conducted by contract with an Indian orga-
nization, a study of the costs applicable to boarding ar-
rangements for Indian students provided in Bureau and
contract and grant schools, for the purpose of establishing
national criteria for such dormitory situations. Such cri-
857
teria shall include adult-child ratios, needs for counselors
(including special needs related to off-reservation boarding
arrangements), space, and privacy.
‘‘(b) No later than January 1, 1996, the Secretary
shall propose such criteria, and shall distribute such pro-
posed criteria to the tribes and publish such proposed cri-
teria in the Federal Register for the purpose of receiving
comments from the tribes and other interested parties.
Within eighteen months of the date of the enactment of
this Act, the Secretary shall establish final criteria, dis-
tribute such criteria to all the tribes, and publish such cri-
teria in the Federal Register. The Secretary shall revise
such criteria periodically as necessary. Any revisions to the
standards established under this section shall be developed
subject to requirements established under section 1131.
‘‘(c) The Secretary shall begin to implement the cri-
teria established under this section immediately upon the
date of their establishment. No later than January 1,
1981, and at each time thereafter that the annual budget
request for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of
Congress a detailed plan to bring all Bureau and contract
boarding schools up to the criteria established under this
section. Such plan shall include, but not be limited to, pre-
dictions for the relative need for each boarding school in
858
the future, detailed information on the status of each
school in relation to the criteria established under this sec-
tion, specific cost estimates for meeting such criteria at
each school, and specific time lines for bringing each
school up to the level required by such criteria.
‘‘(d)(1) The criteria established under this section
may be waived in the same manner as the standards pro-
vided under section 1121(c) may be waived under section
1121(e).
‘‘(2) No school in operation on or before January 1,
1987 (regardless of compliance or noncompliance with the
criteria established under this section) may be closed,
transferred to another authority, consolidated or have its
program substantially curtailed for failure to meet the
criteria.
‘‘(3) By no later than May 1, 1996, the Secretary
shall submit to the Congress a report detailing the costs
associated with, and the actions necessary for, complete
compliance with the criteria established under this section.
‘‘(e) There are hereby authorized to be appropriated
such sums as may be necessary in order to bring each
school up to the level required by the criteria established
under this section.
859
‘‘SEC. 1123. REGULATIONS.
‘‘(a) The provisions of part 32 of title 25 of the Code
of Federal Regulations, as in effect on January 1, 1987,
are hereby incorporated into this Act and shall be treated
as though such provisions are set forth in this subsection.
Accordingly, such provisions may be altered only by means
of an amendment to this subsection that is contained in
an Act or joint resolution which is enacted into law. To
the extent that such provisions of part 32 do not conform
with this Act or any statutory provision of law enacted
before the date of enactment of this Act, the provisions
of this Act and the provisions of such other statutory law
shall govern.
‘‘(b) The provisions of parts 31, 33, 36, 39, 42, and
43 of title 25 of the Code of Federal Regulations, as in
effect on January 1, 1987, shall be applied by the Federal
Government and shall not, before July 1, 1989, be amend-
ed, revoked, or altered in any manner. No officer or em-
ployee of the Executive Branch shall have the authority
to issue any other regulations, prior to July 1, 1989, that
supersede, supplement, or otherwise affect the provisions
of such parts. To the extent that the provisions of such
parts do not conform with this Act or any statutory provi-
sion of law enacted before the date of enactment of this
Act, the provisions of this Act and the provisions of such
other statutory law shall govern.
860
‘‘(c) After June 30, 1989, no regulation prescribed
for the application of any program provided under this
title shall become effective unless—
‘‘(1) the regulation has been published as a pro-
posed regulation in the Federal Register,
‘‘(2) an opportunity of no less than 90 days has
been afforded the public to comment on the pub-
lished proposed regulation, and
‘‘(3) the regulation has, after such period for
public comment, been published in the Federal Reg-
ister as a final regulation.
‘‘(d) For purposes of this section, the term ‘regula-
tion’ means any rules, regulations, guidelines, interpreta-
tions, orders, or requirements of general applicability pre-
scribed by any officer or employee of the Executive
Branch.
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) The Secretary shall, in accordance with this sec-
tion, establish separate geographical attendance areas for
each Bureau school.
‘‘(b)(1) Except as provided in paragraph (2), on or
after July 1, 1985, no attendance area shall be changed
or established with respect to any such school unless the
tribal governing body or the local school board concerned
(if so designated by the tribal governing body) has been
861
(i) afforded at least six months notice of the intention of
the Bureau to change or establish such attendance area,
and (ii) given the opportunity to propose alternative
boundaries. Any tribe may petition the Secretary for revi-
sion of existing attendance area boundaries. The Secretary
shall accept such proposed alternative or revised bound-
aries unless the Secretary finds, after consultation with
the affected tribe or tribes, that such revised boundaries
do not reflect the needs of the Indian students to be served
or do not provide adequate stability to all of the affected
programs.
‘‘(2) In any case where there is more than 1 Bureau
funded school located on an Indian reservation, at the di-
rection of the tribal governing body, the relevant school
boards of the Bureau funded schools on the reservation
may, by mutual consent, establish the relevant attendance
areas for such schools, subject to the approval of the tribal
governing body. Any such boundaries so established shall
be accepted by the Secretary.
‘‘(c) In any case where there is only 1 Bureau oper-
ated program located on an Indian reservation, the attend-
ance area for the program shall be the boundaries of the
reservation served, and those students residing near the
reservation shall also receive services from such program.
862
‘‘(d) The Bureau of Indian Affairs shall include in
the final rules the requirement that each appropriate edu-
cation line officer coordinate and consult with the affected
tribes and relevant school boards in the establishment of
such geographic boundaries.
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) The Secretary shall immediately begin to bring
all schools, dormitories, and other facilities operated by
the Bureau or under contract or grant with the Bureau
in connection with the education of Indian children into
compliance with all applicable Federal, tribal, or State
health and safety standards, whichever provide greater
protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal
or State standards), and with section 504 of the Rehabili-
tation Act of 1973 (29 U.S.C. 794) and with the Ameri-
cans with Disabilities Act of 1990, except that nothing in
this section shall require termination of the operations of
any facility which does not comply with such provisions
and which is in use on the date of enactment of this Act.
‘‘(b) By January 1, 1996, and at each time thereafter
that the annual budget request for Bureau educational
services is presented, the Secretary shall submit to the ap-
propriate committees of Congress a detailed plan to bring
such facilities into compliance with such standards. Such
863
plan shall include, but not be limited to, detailed informa-
tion on the status of each facility’s compliance with such
standards, specific cost estimates for meeting such stand-
ards at each school, and specific time lines for bringing
each school into compliance with such standards.
‘‘(c) Within six months of the date of enactment of
this Act, the Secretary shall submit to the appropriate
committees of Congress, and publish in the Federal Reg-
ister, the system used to establish priorities for school con-
struction projects. At the time any budget request for
school construction is presented, the Secretary shall pub-
lish in the Federal Register and submit with the budget
request the current list of all school construction priorities.
‘‘(d)(1) A Bureau school may be closed or consoli-
dated, and the programs of a Bureau school may be sub-
stantially curtailed, by reason of plant conditions that con-
stitute an immediate hazard to health and safety only if
a health and safety officer of the Bureau determines that
such conditions exist at the Bureau school.
‘‘(2)(A) In making determinations described in para-
graph (1) before July 1, 1989, health and safety officers
of the Bureau shall use the health and safety guidelines
of the Bureau that were in effect on January 1, 1988.
‘‘(B)(i) If—
864
‘‘(I) the Secretary fails to publish in the Fed-
eral Register in final form before July 1, 1989, and
‘‘(II) action described in paragraph (1) is taken
after June 30, 1989, and before the date on which
such regulations are published in final form in the
Federal Register by reason of the condition of any
plant,
an inspection of the condition of such plant shall be con-
ducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether condi-
tions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by
no later than the date that is 30 days after the date on
which the action described in paragraph (1) is taken.
‘‘(ii) The inspection required under clause (i) shall
be conducted by a health and safety officer designated
jointly by the Secretary and the tribes affected by the ac-
tion described in paragraph (1). If the Secretary and such
tribes are unable to agree on the designation of the health
and safety officer, the Secretary shall designate the health
and safety officer and shall provide notice of such designa-
tion to each of such tribes before the inspection is con-
ducted by such officer.
‘‘(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
865
that conditions at the plant do not constitute an imme-
diate hazard to health and safety, any consolidation or
curtailment that was made by reason of conditions at the
plant shall immediately cease and any school closed by rea-
son of conditions at the plant shall be reopened imme-
diately.
‘‘(3) If—
‘‘(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school
are substantially curtailed, by reason of plant condi-
tions that constitute an immediate hazard to health
and safety, and
‘‘(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1
year in duration,
the Secretary shall submit to the Congress, by no later
than the date that is 6 months after the date on which
the closure, consolidation, or curtailment is initiated, a re-
port which sets forth the reasons for such temporary ac-
tions and the actions the Secretary is taking to eliminate
the conditions that constitute the hazard.
‘‘(e) There are hereby authorized to be appropriated
such sums as may be necessary to carry out subsection
(a).
866
‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC-
TIONS.
‘‘(a) The Secretary shall vest in the Assistant Sec-
retary for Indian Affairs all functions with respect to for-
mulation and establishment of policy and procedure, and
supervision of programs and expenditures of Federal
funds for the purpose of Indian education administered
by the Bureau. The Assistant Secretary shall carry out
such functions through the Director of the Office of Indian
Education.
‘‘(b) The Director of the Office shall direct and su-
pervise the operations of all personnel directly and sub-
stantially involved with provision of education services by
the Bureau, including (but not limited to) school or insti-
tution custodial or maintenance personnel. The Assistant
Secretary for Indian Affairs shall provide for the adequate
coordination between the affected Bureau Offices and the
Office to facilitate the consideration of all contract func-
tions relating to education. Except as required by section
1129(d), nothing in this Act shall be construed to require
the provision of separate support services for Indian
education.
‘‘(c) Education personnel who are under the direction
and supervision of the Director of the Office in accordance
with the first sentence of subsection (b) shall—
867
‘‘(1) monitor and evaluate Bureau education
programs,
‘‘(2) provide all services and support functions
for education programs with respect to personnel
matters involving staffing actions and functions, and
‘‘(3) provide technical and coordinating assist-
ance in areas such as procurement, contracting,
budgeting, personnel, and curriculum.
‘‘(d)(1) The Assistant Secretary shall submit in the
annual Budget a plan—
‘‘(A) for school facilities to be constructed
under the system required by section 1125(c);
‘‘(B) for establishing priorities among projects
and for the improvement and repair of education fa-
cilities, which together shall form the basis for the
distribution of appropriated funds; and
‘‘(C) including a 5-year plan for capital im-
provements.
‘‘(2) The Assistant Secretary shall establish a pro-
gram, including the distribution of appropriated funds, for
the operation and maintenance of education facilities.
Such program shall include, but not be limited to—
‘‘(A) a method of computing the amount nec-
essary for each education facility;
868
‘‘(B) similar treatment of all Bureau funded
schools;
‘‘(C) a notice of an allocation of appropriated
funds from the Director of the Office directly to the
appropriate education line officers; and
‘‘(D) a system for the conduct of routine pre-
ventive maintenance.
The appropriate education line officers shall make ar-
rangements for the maintenance of education facilities
with the local supervisors of the Bureau maintenance per-
sonnel who are under the authority of the agency super-
intendent or area directors, respectively. The local super-
visors of Bureau maintenance personnel shall take appro-
priate action to implement the decisions made in this re-
gard by the appropriate education line officers, except that
no funds from this program may be authorized for expend-
iture unless such appropriate education line officer is as-
sured that the necessary maintenance has been, or will be,
provided in a reasonable manner. Subject to the require-
ments of subsection (b) of this section, nothing in this Act
shall be construed to require the provision of separate op-
erations and maintenance personnel for the Office.
‘‘(3) The requirements of this subsection shall be im-
plemented no later than July 1, 1995.
869
‘‘(e) Any other provision of law notwithstanding, the
Director shall promulgate guidelines for the establishment
of mechanisms for the acceptance of gifts and bequests
for the use of, and benefit of, particular schools or des-
ignated Bureau operated education programs, including,
where appropriate, the establishment and administration
of trust funds. When a Bureau operated program is the
beneficiary of such a gift or bequest, the Director shall
make provisions for monitoring its use, and shall report
to the appropriate committees of Congress the amount
and terms of such gift and bequest, the use to which it
is put, and any positive results achieved by such action.
‘‘(f) For the purpose of this section the term ‘func-
tions’ includes powers and duties.
‘‘SEC. 1127. ALLOTMENT FORMULA.
‘‘(a) The Secretary shall establish, by regulation
adopted in accordance with section 1139, a formula for
determining the minimum annual amount of funds nec-
essary to sustain each Bureau funded school. In establish-
ing such formula, the Secretary shall consider—
‘‘(1) the number of eligible Indian students
served and size of the school;
‘‘(2) special cost factors, such as—
‘‘(A) isolation of the school;
870
‘‘(B) need for special staffing, transpor-
tation, or educational programs;
‘‘(C) food and housing costs;
‘‘(D) maintenance and repair costs associ-
ated with the physical condition of the edu-
cational facilities;
‘‘(E) special transportation and other costs
of isolated and small schools;
‘‘(F) the costs of boarding arrangements,
where determined necessary by a tribal govern-
ing body or designated local school board;
‘‘(G) costs associated with greater lengths
of service by educational personnel; and
‘‘(H) special programs for gifted and tal-
ented students;
‘‘(3) the cost of providing academic services
which are at least equivalent to those provided by
public schools in the State in which the school is lo-
cated; and
‘‘(4) such other relevant factors as the Sec-
retary determines are appropriate.
Upon the establishment of the standards required by sec-
tions 1121 and 1122 of this Act, the Secretary shall revise
the formula established under this subsection to reflect the
cost and funding standards so established. Prior to Janu-
871
ary 1, 1995, the Secretary shall review the formula estab-
lished under this section and shall take such steps as may
be necessary to increase the availability of counseling serv-
ices for students in off-reservation boarding schools and
other Bureau operated residential facilities. Concurrent
with such action, the Secretary shall review the standards
established under section 1121 of this title to be certain
that adequate provision is made for parental notification
regarding, and consent for, such counseling services.
‘‘(b) Notwithstanding any other provisions of law,
Federal funds appropriated for the general local operation
of Bureau funded schools, shall be allotted pro rata in ac-
cordance with the formula established under subsection
(a).
‘‘(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula estab-
lished under subsection (a) to—
‘‘(A) use a weighted unit of 1.2 for each eligible
Indian student enrolled in the seventh and eighth
grades of the school in considering the number of el-
igible Indian students served by the school;
‘‘(B) consider a school with an enrollment of
less than 50 eligible Indian students as having an
average daily attendance of 50 eligible Indian stu-
872
dents for purposes of implementing the adjustment
factor for small schools; and
‘‘(C) take into account the provision of residen-
tial services on a less than 9-month basis at a school
when the school board and supervisor of the school
determine that a less than 9-month basis will be im-
plemented for the school year involved.
‘‘(2)(A) The Secretary shall reserve for national
school board training 0.2 percent of the funds appro-
priated for each fiscal year for distribution under this sec-
tion. Such training shall be conducted through the same
organizations through which, and in the same manner in
which, the training was conducted in fiscal year 1992. If
the contract for such training is not awarded before May
1 of each fiscal year, the contract under which such train-
ing was provided for the fiscal year preceding such fiscal
year shall be renewed by the Secretary for such fiscal year.
The agenda for the training sessions shall be established
by the school boards through their regional or national
organizations.
‘‘(B) For each year in which the Secretary uses a
weighted unit formula established under subsection (a) to
fund Bureau schools, a Bureau school which generates less
than 168 weighted units shall receive an additional 2
weighted units to defray school board activities.
873
‘‘(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve
an amount which does not exceed the greater of—
‘‘(i) $5,000, or
‘‘(ii) the lesser of—
‘‘(I) $15,000, or
‘‘(II) 1 percent of such allotted funds,
for school board activities for such school, including but
not limited to, and notwithstanding any other provision
of law, meeting expenses and the cost of membership in,
and support of, organizations engaged in activities on be-
half of Indian education.
‘‘(3)(A) The Secretary shall adjust the formula estab-
lished under subsection (a) to use a weighted unit of 2.0
for each eligible Indian student that—
‘‘(i) is gifted and talented (as determined pur-
suant to section 6204 of the Indian Education Act
of 1988), and
‘‘(ii) is enrolled in the school on a full-time
basis,
in considering the number of eligible Indian students
served by the school.
874
‘‘(B) The adjustment required under subparagraph
(A) shall be used for the later of the following fiscal years
and for each fiscal year succeeding such later fiscal year—
‘‘(i) the second fiscal year succeeding the fiscal
year in which the Secretary of Education makes the
report required under section 6204(c)(6)(B) of the
Indian Education Act of 1988, or
‘‘(ii) the first fiscal year for which an increase
in the amount of funds appropriated for allotment
under this section is designated by the law that ap-
propriates such funds as the amount necessary to
implement such adjustment without reducing allot-
ments made under this section to any school.
‘‘(d) The Secretary shall reserve from the funds avail-
able for distribution for each fiscal year under this section
an amount which, in the aggregate, shall equal 1 percent
of the funds available for such purpose for that fiscal year.
Such funds shall be used, at the discretion of the Director
of the Office, to meet emergencies and unforeseen contin-
gencies affecting the education programs funded under
this section. Funds reserved under this subsection may
only be expended for education services or programs at
a schoolsite (as defined in section 5204(c)(2) of the Trib-
ally Controlled Schools Act of 1988). Funds reserved
under this subsection shall remain available without fiscal
875
year limitation until expended. However, the aggregate
amount available from all fiscal years may not exceed 1
percent of the current year funds. Whenever the Secretary
makes funds available under this subsection, the Secretary
shall report such action to the appropriate committees of
Congress within the annual budget submission.
‘‘(e) Supplemental appropriations enacted to meet in-
creased pay costs attributable to school level personnel
shall be distributed under this section.
‘‘(f) In this section ‘eligible Indian student’ means a
student who—
‘‘(1) is a member of or is at least a 1⁄4 degree
Indian blood descendant of a member of an Indian
tribe which is eligible for the special programs and
services provided by the United States through the
Bureau of Indian Affairs to Indians because of their
status as Indians, and
‘‘(2) resides on or near an Indian reservation or
meets the criteria for attendance at a Bureau off-
reservation boarding school.
‘‘(g)(1) An eligible Indian student may not be
charged tuition for attendance at a Bureau or contract
school. A student attending a Bureau school under clause
(2)(C) of this subsection may not be charged tuition.
876
‘‘(2) The Secretary may permit the attendance at a
Bureau school of a student who is not an eligible Indian
student if—
‘‘(A) the Secretary determines that the stu-
dent’s attendance will not adversely affect the
school’s program for eligible Indian students because
of cost, overcrowding, or violation of standards,
‘‘(B) the school board consents, and
‘‘(C) the student is a dependent of a Bureau,
Indian Health Service, or tribal government em-
ployee who lives on or near the school site, or
‘‘(D) a tuition is paid for the student that is
not more than that charged by the nearest public
school district for out-of-district students. The tui-
tion collected is in addition to the school’s allocation
under this section.
‘‘(3) The school board of a contract school or grant
school may permit students who are not eligible Indian
students under this subsection to attend its contract
school or grant school and any tuition collected for those
students is in addition to funding under this section.
‘‘(h)(1) The Secretary shall conduct, through contact
or cooperative agreement with an entity having proven ex-
pertise in the field of school finance, and after consultation
with tribes and national Indian organizations, a study to
877
determine the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the
date of enactment of this Act to a school based budget
system of financing. The Assistant Secretary shall take
such steps as are necessary to immediately implement this
provision.
‘‘(2) For the purposes of this study, the term ‘school-
based budget system’ means a system based upon an ini-
tial determination, at each school site, of the number of
students who shall be served at the site, the needs of those
students, the standards which will best meet those needs
(including any standards or conditions reflecting local
community input and the program developed under this
part), the personnel profile necessary to establish such
program and the cost (determined on an actual basis) of
funding such a program. Such a system would include pro-
cedures to aggregate the determinations for each school
site to determine the amount needed to fund all Bureau-
funded schools, to prepare a budget submission based
upon such aggregate and would provide for a mechanism
for distributing such sums as may be appropriated based
upon the determination at each school site.
‘‘(3) No later than January 20, 1996, the Secretary
shall transmit to the Committees on Education and Labor
878
and Appropriations of the House of Representatives and
the Committees on Indian Affairs and Appropriations of
the Senate of the United States the study required under
this subsection, along with any views or comments of the
Secretary on such study.
‘‘(i) Any other provision of law notwithstanding, at
the election of the school board made at any time during
the fiscal year, a portion equal to no more than 15 percent
of the funds allocated with respect to a school under this
section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The
Assistant Secretary shall take steps as may be necessary
to implement this provision immediately.
‘‘(j) Tuition for the out-of-State students boarding at
the Richfield Dormitory in Richfield, Utah, who attend
Sevier County high schools in Richfield, Utah, may be paid
from the Indian School Equalization Program funds at a
rate not to exceed the amount per Weighted Student Unit
for that year for instruction. No additional administrative
cost funds will be added to the grant.
‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.
‘‘(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or trib-
al organization operating a contract or grant school in the
amount determined under this section with respect to the
879
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract schools in order to—
‘‘(A) enable tribes and tribal organizations op-
erating such schools, without reducing direct pro-
gram services to the beneficiaries of the program, to
provide all related administrative overhead services
and operations necessary to meet the requirements
of law and prudent management practice, and
‘‘(B) carry out other necessary support func-
tions which would otherwise be provided by the Sec-
retary or other Federal officers or employees, from
resources other than direct program funds, in sup-
port of comparable Bureau operated programs.
‘‘(2) Amounts appropriated to fund the grants pro-
vided under this section shall be in addition to, and shall
not reduce, the amounts appropriated for the program
being administered by the contract schools.
‘‘(b)(1) The amount of the grant provided to each
tribe or tribal organization under this section for each fis-
cal year shall be determined by applying the administra-
tive cost percentage rate of the tribe or tribal organization
to the aggregate of the Bureau elementary and secondary
functions operated by the tribe or tribal organization for
which funds are received from or through the Bureau. The
880
administrative cost percentage rate determined under sub-
section (c) does not apply to other programs operated by
the tribe or tribal organization.
‘‘(2) The Secretary shall—
‘‘(A) reduce the amount of the grant deter-
mined under paragraph (1) to the extent that pay-
ments for administrative costs are actually received
by an Indian tribe or tribal organization under any
Federal education program included in the direct
cost base of the tribe or tribal organization, and
‘‘(B) take such actions as may be necessary to
be reimbursed by any other department or agency of
the Federal Government for the portion of grants
made under this section for the costs of administer-
ing any program for Indians that is funded by ap-
propriations made to such other department or
agency.
‘‘(c) For purposes of this section, the administrative
cost percentage rate for a contract or grant school for a
fiscal year is equal to the percentage determined by divid-
ing—
‘‘(1) the sum of—
‘‘(A) the amount equal to—
881
‘‘(i) the direct cost base of the tribe or
tribal organization for the fiscal year, mul-
tiplied by
‘‘(ii) the minimum base rate, plus
‘‘(B) the amount equal to—
‘‘(i) the standard direct cost base,
multiplied by
‘‘(ii) the maximum base rate, by
‘‘(2) the sum of—
‘‘(A) the direct cost base of the tribe or
tribal organization for the fiscal year, plus
‘‘(B) the standard direct cost base.
The administrative cost percentage rate shall be deter-
mined to the 1⁄100 of a decimal point.
‘‘(d)(1)(A) Funds received by a tribe or contract or
grant school as grants under this section for tribal elemen-
tary or secondary educational programs may be combined
by the tribe or contract school into a single administrative
cost account without the necessity of maintaining separate
funding source accounting.
‘‘(B) Indirect cost funds for programs at the school
which share common administrative services with tribal el-
ementary or secondary educational programs may be in-
cluded in the administrative cost account described in sub-
paragraph (A).
882
‘‘(2) Funds received as grants under this section with
respect to tribal elementary or secondary education pro-
grams shall remain available to the contract or grant
school without fiscal year limitation and without diminish-
ing the amount of any grants otherwise payable to the
school under this section for any fiscal year beginning
after the fiscal year for which the grant is provided.
‘‘(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal or-
ganization under a contract or agreement shall not be
taken into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any
Federal agency for any other funds, from whatever source
derived.
‘‘(4) In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act
with respect to an Indian tribe or tribal organization
that—
‘‘(A) receives funds under this section for ad-
ministrative costs incurred in operating a contract
school or a school operated under the Tribally Con-
trolled Schools Act of 1988, and
‘‘(B) operates 1 or more other programs under
a contract or grant provided under the Indian Self-
Determination and Education Assistance Act,
883
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the ad-
ministrative costs, and of the indirect costs, that are asso-
ciated with operating the contract school, a school oper-
ated under the Tribally Controlled Schools Act of 1988,
and all of such other programs, except that funds appro-
priated for implementation of this section shall be used
only to supply the amount of the grant required to be pro-
vided by this section.
‘‘(e) For purposes of this section—
‘‘(1)(A) The term ‘administrative cost’ means
the costs of necessary administrative functions
which—
‘‘(i) the tribe or tribal organization incurs
as a result of operating a tribal elementary or
secondary educational program,
‘‘(ii) are not customarily paid by com-
parable Bureau operated programs out of direct
program funds, and
‘‘(iii) are either—
‘‘(I) normally provided for comparable
Bureau programs by Federal officials
using resources other than Bureau direct
program funds, or
884
‘‘(II) are otherwise required of tribal
self-determination program operators by
law or prudent management practice.
‘‘(B) The term ‘administrative cost’ may in-
clude, but is not necessarily limited to—
‘‘(i) contract (or other agreement) adminis-
tration;
‘‘(ii) executive, policy, and corporate lead-
ership and decisionmaking;
‘‘(iii) program planning, development, and
management;
‘‘(iv) fiscal, personnel, property, and pro-
curement management;
‘‘(v) related office services and record
keeping; and
‘‘(vi) costs of necessary insurance, audit-
ing, legal, safety and security services.
‘‘(2) The term ‘Bureau elementary and second-
ary functions’ means—
‘‘(A) all functions funded at Bureau
schools by the Office of Indian Education Pro-
grams of the Bureau;
‘‘(B) all programs—
885
‘‘(i) funds for which are appropriated
to other agencies of the Federal Govern-
ment, and
‘‘(ii) which are administered for the
benefit of Indians through Bureau schools;
and
‘‘(C) all operation, maintenance, and repair
funds for facilities and government quarters
used in the operation or support of elementary
and secondary education functions for the bene-
fit of Indians, from whatever source derived.
‘‘(3) The term ‘tribal elementary or secondary
educational programs’ means all Bureau elementary
and secondary functions, together with any other
Bureau programs or portions of programs (excluding
funds for social services that are appropriated to
agencies other than the Bureau and are expended
through the Bureau, funds for major subcontracts,
construction, and other major capital expenditures,
and unexpended funds carried over from prior years)
which share common administrative cost functions,
that are operated directly by a tribe or tribal organi-
zation under a contract or agreement with the
Bureau.
886
‘‘(4)(A) Except as otherwise provided in this
paragraph, the direct cost base of a tribe or tribal
organization for the fiscal year is the aggregate di-
rect cost program funding for all tribal elementary
or secondary educational programs operated by the
tribe or tribal organization during—
‘‘(i) the second fiscal year preceding such
fiscal year, or
‘‘(ii) if such programs have not been oper-
ated by the tribe or tribal organization during
the 2 preceding fiscal years, the first fiscal year
preceding such fiscal year.
‘‘(B) In the case of Bureau elementary or sec-
ondary education functions which have not pre-
viously been operated by a tribe or tribal organiza-
tion under contract or agreement with the Bureau,
the direct cost base for the initial year shall be the
projected aggregate direct cost program funding for
all Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during
that fiscal year.
‘‘(5) The term ‘maximum base rate’ means 50
percent.
‘‘(6) The term ‘minimum base rate’ means 11
percent.
887
‘‘(7) The term ‘standard direct cost base’
means $600,000.
‘‘(f)(1) Upon the enactment of the Indian Education
Amendments of 1988, the Secretary shall—
‘‘(A) conduct such studies as may be needed to
establish an empirical basis for determining relevant
factors substantially affecting the required adminis-
trative costs of tribal elementary and secondary edu-
cational programs, using the formula set forth in
subsection (c), and
‘‘(B) a study to determine—
‘‘(i) a maximum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not ex-
cessive) funding of the administrative costs of
the smallest tribal elementary or secondary edu-
cational programs,
‘‘(ii) a minimum base rate which ensures
that the amount of the grants provided under
this section will provide adequate (but not ex-
cessive) funding of the administrative costs of
the largest tribal elementary or secondary edu-
cational programs, and
‘‘(iii) a standard direct cost base which is
the aggregate direct cost funding level for which
888
the percentage determined under subsection (c)
will—
‘‘(I) be equal to the median between
the maximum base rate and the minimum
base rate, and
‘‘(II) ensure that the amount of the
grants provided under this section will pro-
vide adequate (but not excessive) funding
of the administrative costs of tribal ele-
mentary or secondary educational pro-
grams closest to the size of the program.
‘‘(2) The studies required under paragraph (1)
shall—
‘‘(A) be conducted in full consultation (in ac-
cordance with section 1130) with—
‘‘(i) the tribes and tribal organizations that
are affected by the application of the formula
set forth in subsection (c), and
‘‘(ii) all national and regional Indian orga-
nizations of which such tribes and tribal organi-
zations are typically members;
‘‘(B) be conducted on-site at a representative
statistical sample of the tribal elementary or second-
ary educational programs under a contract entered
889
into with a nationally reputable public accounting
and business consulting firm;
‘‘(C) take into account the availability of skilled
labor, commodities, business and automatic data
processing services, related Indian preference and
Indian control of education requirements, and any
other market factors found substantially to affect
the administrative costs and efficiency of each such
tribal elementary or secondary educational program
studied in order to assure that all required adminis-
trative activities can reasonably be delivered in a
cost effective manner for each such program, given
an administrative cost allowance generated by the
values, percentages, or other factors found in the
studies to be relevant in such formula;
‘‘(D) identify, and quantify in terms of percent-
ages of direct program costs, any general factors
arising from geographic isolation, or numbers of pro-
grams administered, independent of program size
factors used to compute a base administrative cost
percentage in such formula; and
‘‘(E) identify any other incremental cost factors
substantially affecting the costs of required adminis-
trative cost functions at any of the tribal elementary
or secondary educational programs studied and de-
890
termine whether the factors are of general applica-
bility to other such programs, and (if so) how they
may effectively be incorporated into such formula.
‘‘(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and
afford an opportunity to participate to, the Inspector Gen-
eral of the Department of the Interior.
‘‘(4) Determinations described in paragraph (2)(C)
shall be based on what is pragmatically possible to do at
each location studied, given prudent management practice,
irrespective of whether required administrative services
were actually or fully delivered at these sites, or other
services were delivered instead, during the period of the
study.
‘‘(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989,
the Secretary shall submit to the Congress a report on
the findings of the studies, together with determinations
based upon such findings that would affect the definitions
of terms used in the formula that is set forth in subsection
(c).
‘‘(6) The Secretary shall include in the Bureau’s jus-
tification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in sub-
891
section (c) for all tribal elementary or secondary edu-
cational programs which the Secretary expects to be fund-
ed in the fiscal year for which the appropriations are
sought.
‘‘(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is deter-
mined by the aggregate direct cost program funding level
for all Bureau funded programs which share common ad-
ministrative cost functions.
‘‘(g)(1) There are authorized to be appropriated for
each fiscal year such sums as may be necessary to carry
out the provisions of this section.
‘‘(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
determined under subsection (b) for a fiscal year exceeds
the amount of funds appropriated to carry out this section
for such fiscal year, the Secretary shall reduce the amount
of each grant determined under subsection (b) for such
fiscal year by an amount that bears the same relationship
to such excess as the amount of such grant determined
under subsection (b) bears to the total of all grants deter-
mined under subsection (b) for all tribes and tribal organi-
zations for such fiscal year.
892
‘‘(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this sec-
tion for fiscal year 1989 shall—
‘‘(A) in lieu of being determined under sub-
section (b), be determined for each tribal elementary
or secondary educational program on the same basis
that indirect costs were determined for such pro-
grams for fiscal year 1988, and
‘‘(B) be subject to the provisions of subsection
(d).
‘‘(2) Notwithstanding any other provision of this sec-
tion, the amount of the grant provided under this section
for fiscal year 1990 with respect to each tribal elementary
and secondary educational program that was operated by
a tribe or tribal organization in fiscal year 1989 shall be
equal to—
‘‘(A) if the amount of the grant determined
under subsection (b) for fiscal year 1990 with re-
spect to such program exceeds the amount received
by the tribe or tribal organization with respect to
such program for administrative costs for fiscal year
1988 (or fiscal year 1989 if such program was not
operated by the tribe or tribal organization during
fiscal year 1988), the sum of—
‘‘(i) such amount received, plus
893
‘‘(ii) 1⁄3 of the excess of—
‘‘(I) such amount determined under
subsection (b), over
‘‘(II) such amount received, or
‘‘(B) if such amount received exceeds such
amount determined under subsection (b), the excess
of—
‘‘(i) such amount received, over
‘‘(ii) an amount equal to 1⁄3 of the excess
of—
‘‘(I) such amount received, over
‘‘(II) such amount determined under
subsection (b).
‘‘(3) Notwithstanding any other provision of this sec-
tion, the amount of the grants provided under this section
for fiscal year 1991 with respect to each tribal elementary
and secondary educational program that was operated by
a tribe or tribal organization in fiscal year 1989 shall be
equal to—
‘‘(A) if the amount of the grant determined
under subsection (b) for fiscal year 1991 with re-
spect to such program exceeds the amount received
by the tribe or tribal organization with respect to
such program for administrative costs for fiscal year
1990, the sum of—
894
‘‘(i) such amount received, plus
‘‘(ii) 1⁄2 of the excess of—
‘‘(I) such amount determined under
subsection (b), over
‘‘(II) such amount received, or
‘‘(B) if such amount received exceeds such
amount determined under subsection (b), the excess
of—
‘‘(i) such amount received, over
‘‘(ii) an amount equal to 1⁄2 of the excess
of—
‘‘(I) such amount received over,
‘‘(II) such amount determined under
subsection (b).
‘‘(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled
Schools Act of 1988.
‘‘SEC. 1129. BUDGET PREPARATION AND SUBMISSION.
‘‘(a) For each fiscal year beginning after October 1,
1994, and ending before October 1, 1998, the Secretary
shall enter into an interagency agreement with the Sec-
retary of Education for the purpose of carrying out this
section. The Secretary shall take such actions as are nec-
essary to transfer information requested by the Secretary
of Education or the entity designated under subsection (b)
895
of this section needed to carry out this section in a timely
and accurate fashion.
‘‘(b) The Secretary of Education, through the Na-
tional Center for Education Statistics, shall prepare and
submit to Congress the study set forth in subsection (c)
of this section no later than January 20, 1995, and Janu-
ary 20 of each of the next 3 succeeding years. The Sec-
retary of Education shall transmit the report directly and
without substantive amendment to the Secretary of the In-
terior, the Assistant Secretary for Indian Affairs of the
Department of the Interior, and the Committees on Edu-
cation and Labor and Appropriations of the House of Rep-
resentatives and the Committees on Indian Affairs and
Appropriations of the Senate of the United States.
‘‘(c)(1) The National Center for Educational Statis-
tics (hereinafter referred to as the ‘Center’) shall prepare
for each of the fiscal years covered under subsection (a)
of this section a report on the amount needed to achieve
academic and residential programs set forth in this part
for Bureau-funded schools funded under section 1127.
Such study shall be based on (A) the standards developed
and implemented for Bureau-funded schools under section
1121 and 1122 of this part or such other standards as
may apply to Bureau-funded contract schools or schools
funded under the Tribally Controlled Schools Act of 1988,
896
(B) the student count and characteristics of such schools,
as determined pursuant to the formula developed and im-
plemented pursuant to section 1127 of this part for the
preceding academic year, adjusted for any changes in stu-
dent demographics which the Center may project, (C) the
employee statistics with respect to such schools for the
preceding fiscal year, and (D) such other factors as the
Center may set forth, including but not limited to age or
physical condition of the schools and changes in isolation.
‘‘(2) Each study shall include a total projected cost
for attaining the standards set forth under paragraph (1),
and shall presume compliance with those standards. Such
study shall also include a projection of the cost for meeting
such standards for each Bureau-funded school. Such study
shall also include a report on any shortfall in the amount
needed to fund Bureau-funded schools, as determined by
the study conducted pursuant to this section and the ap-
propriations amount requested and enacted for the period
covered by the study.
‘‘(d)(1) Within 24 months of the date of enactment
of this Act, the Secretary shall establish within the Office
of Indian Education Programs a Division of Budget Anal-
ysis (hereinafter referred to as the ‘Division’). Such Divi-
sion shall be under the direct supervision and control of
the Director of the Office.
897
‘‘(2) The Division shall have the capacity to conduct
such studies, surveys, or other activities as are necessary
to gather demographic information on Bureau-funded
schools (current and future) and project the amount nec-
essary to provide Indian students in such schools the edu-
cational program set forth in this part.
‘‘(3) The Division shall prepare projections on such
amounts, along with such other information as the Direc-
tor of the Office shall require, for each fiscal year begin-
ning after October 1, 1996. The Director of the Office
and the Assistant Secretary for Indian Affairs shall use
such reports when preparing their annual budget submis-
sions.
‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
‘‘(a)(1) Within six months after the date of enact-
ment of this Act, the Secretary shall establish, by regula-
tion adopted in accordance with section 1139, a system
for the direct funding and support of all Bureau-funded
schools. Such system shall allot funds, in accordance with
section 1127. Amounts appropriated for distribution
under this section may be made available under paragraph
(2) or under paragraph (3), as provided in the appropria-
tion Act.
‘‘(2)(A) For the purpose of affording adequate notice
of funding available pursuant to the allotments made by
898
section 1127, amounts appropriated in an appropriation
Act for any fiscal year shall become available for obligation
by the affected schools on July 1 of the fiscal year in which
they are appropriated without further action by the Sec-
retary, and shall remain available for obligation through
the succeeding fiscal year.
‘‘(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph—
‘‘(i) publish, on July 1 preceding the fiscal year
for which the funds are appropriated, allotments to
each affected school made under section 1127 of 85
percent of such appropriation; and
‘‘(ii) publish, no later than September 30 of
such preceding fiscal year, the allotments to be made
under section 1127 of the remaining 15 percent of
such appropriation, adjusted to reflect actual stu-
dent attendance.
‘‘(3) Notwithstanding any law or regulation, the su-
pervisor of a Bureau school may expend an aggregate of
no more than $35,000 of the amount allotted the school
under section 1127 to acquire supplies and equipment for
the school without competitive bidding if—
‘‘(A) the cost for any single item purchased
does not exceed $10,000;
899
‘‘(B) the school board approves the procure-
ment;
‘‘(C) the supervisor certifies that the cost is fair
and reasonable;
‘‘(D) the documents relating to the procure-
ment executed by the supervisor or other school staff
cite this paragraph as authority for the procure-
ment; and
‘‘(E) the transaction is documented in a journal
maintained at the school clearly identifying when the
transaction occurred, what was acquired and from
whom, the prices paid, the quantities acquired, and
any other information the supervisor or school board
considers relevant.
The Director shall be responsible for determining the ap-
plication of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
be responsible for the provision of guidelines on the use
of this authority and adequate training on such guidelines.
‘‘(4) If a sequestration order issued under the Bal-
anced Budget and Emergency Deficit Control Act of 1985
reduces the amount of funds available for allotment under
section 1127 for any fiscal year by more than 7 percent
of the amount of funds available for allotment under such
section during the preceding fiscal year—
900
‘‘(A) the Secretary may, notwithstanding any
other provision of law, use—
‘‘(i) funds appropriated for the operation
of any Bureau school that is closed or consoli-
dated, and
‘‘(ii) funds appropriated for any program
that has been curtailed at any Bureau school,
to fund allotments made under section 1127, and
‘‘(B) the Secretary may waive the application of
the provisions of section 1121(h) with respect to the
closure or consolidation of a school, or the curtail-
ment of a program at a school, during such fiscal
year if the funds described in clauses (i) and (ii) of
subparagraph (A) with respect to such school are
used to fund allotments made under section 1127
for such fiscal year.
‘‘(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans
which shall be prepared by the local school supervisor in
active consultation with the local school board for each
school, and the local school board for each school shall
have the authority to ratify, reject, or amend such finan-
cial plan, and expenditures thereunder, and, on its own
determination or in response to the supervisor of the
school, to revise such financial plan to meet needs not fore-
901
seen at the time of preparation of the financial plan. The
supervisor shall provide the appropriate union representa-
tive of the education employees with copies of proposed
draft financial plans and all amendments or modifications
thereto, at the same time they are submitted to the local
school board. The supervisor of the school may appeal any
such action of the local school board to the appropriate
education officer of the Bureau agency by filing a written
statement describing the action and the reasons the super-
visor believes such action should be overturned. A copy
of such statement shall be submitted to the local school
board and such board shall be afforded an opportunity to
respond, in writing, to such appeal. After reviewing such
written appeal and response, the appropriate education of-
ficer may, for good cause, overturn the action of the local
school board. The appropriate education officer shall
transmit the determination of such appeal in the form of
a written opinion to such board and to such supervisor
identifying the reasons for overturning such action.
‘‘(c) Funds for self-determination grants under sec-
tion 103(a)(2) of the Indian Self-Determination and Edu-
cation Assistance Act shall not be used for providing tech-
nical assistance and training in the field of education by
the Bureau unless such services are provided in accord-
ance with a plan, agreed to by the tribe or tribes affected
902
and the Bureau, under which control of education pro-
grams is intended to be transferred to such tribe or tribes
within a specific period of time negotiated under such
agreement. The Secretary may approve applications for
funding tribal divisions of education and the development
of tribal codes of education from funds appropriated pur-
suant to section 104(a) of such Act.
‘‘(d) In the exercise of its authority under this sec-
tion, a local school board may request technical assistance
and training from the Secretary, and he shall, to the
greatest extent possible, provide such services, and make
appropriate provisions in the budget of the Office for such
services.
‘‘(e)(1) A financial plan under subsection (b) for a
school may include, at the discretion of the local adminis-
trator and the school board of such school, a provision for
a summer program of academic and support services for
students of the school. Any such program may include ac-
tivities related to the prevention of alcohol and substance
abuse. The Assistant Secretary of Indian Affairs shall pro-
vide for the utilization of any such school facility during
any summer in which such utilization is requested.
‘‘(2) Notwithstanding any other provision of law,
funds authorized under the Act of April 16, 1934 (25
U.S.C. 452 et seq.) and the Indian Education Act may
903
be used to augment the services provided in each summer
program at the option, and under the control, of the tribe
or Indian controlled school receiving such funds.
‘‘(3) The Assistant Secretary of Indian Affairs, act-
ing through the Director of the Office of Indian Education
Programs, shall provide technical assistance and coordina-
tion for any program described in paragraph (1) and shall,
to the extent possible, encourage the coordination of such
programs with any other summer programs that might
benefit Indian youth, regardless of the funding source or
administrative entity of any such program.
‘‘(f)(1) From funds allotted to a Bureau school under
section 1127, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of sec-
tion 1121(k)), implement any cooperative agreement en-
tered into between the tribe, the Bureau school board, and
the local public school district which meets the require-
ments of paragraph (2) and involves the school. The tribe,
the Bureau school board, and the local public school dis-
trict shall determine the terms of the agreement. Such
agreement may encompass coordination of all or any part
of the following:
‘‘(A) Academic program and curriculum, unless
the Bureau school is currently accredited by a State
904
or regional accrediting entity and would not continue
to be so accredited.
‘‘(B) Support services, including procurement
and facilities maintenance.
‘‘(C) Transportation.
‘‘(2) Each agreement entered into pursuant to the
authority provided in paragraph (1) shall confer a benefit
upon the Bureau school commensurate with the burden
assumed, though this requirement shall not be construed
so as to require equal expenditures or an exchange of simi-
lar services.
‘‘(g) Any other provision of law notwithstanding,
where there is agreement on such action between the su-
perintendent and school board of a B.I.A. funded school,
the product or result of a project conducted in whole or
in major part by a student may be given to that student
upon the completion of said project.
‘‘(h) Notwithstanding any other provision of law,
funds received by Bureau funded schools under this title
shall not be considered Federal funds for purposes of
meeting a match requirement in any Federal program.
‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU-
CATION.
‘‘(a) It shall be the policy of the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
905
facilitate Indian control of Indian affairs in all matters
relating to education.
‘‘(b)(1) All actions under this Act shall be done with
active consultation with tribes.
‘‘(2) The consultation required under paragraph (1)
means a process involving the open discussion and joint
deliberation of all options with respect to potential issues
or changes between the Bureau and all interested parties.
During such discussions and joint deliberations, interested
parties (including, but not limited to, tribes and school of-
ficials) shall be given an opportunity to present issues in-
cluding proposals regarding changes in current practices
or programs which will be considered for future action by
the Bureau. All interested parties shall be given an oppor-
tunity to participate and discuss the options presented or
to present other alternatives, with the views and concerns
of the interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for an-
other course of action. The Secretary shall submit to any
Member of Congress, within 18 days of the receipt of a
written request by such Member, a written explanation of
any decision made by the Secretary which is not consistent
with the views of the interested parties.
906
‘‘SEC. 1132. EDUCATION PERSONNEL.
‘‘(a)(1) Chapter 51, subchapter III of chapter 53,
and chapter 63 of title 5, United States Code, relating
to leave, pay, and classification, and the sections relating
to the appointment, promotion and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
‘‘(2) Paragraph (1) shall take effect 1 year after the
date of enactment of this Act.
‘‘(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern—
‘‘(1) the establishment of education positions,
‘‘(2) the establishment of qualifications for edu-
cators,
‘‘(3) the fixing of basic compensation for edu-
cators and education positions,
‘‘(4) the appointment of educators,
‘‘(5) the discharge of educators,
‘‘(6) the entitlement of educators to compensa-
tion,
‘‘(7) the payment of compensation to educators,
‘‘(8) the conditions of employment of educators,
‘‘(9) the length of the school year applicable to
education 
positions 
described 
in 
subsection
(n)(1)(A),
907
‘‘(10) the leave system for educators, and
‘‘(11) such other matters as may be appro-
priate.
‘‘(c)(1) In prescribing regulations to govern the quali-
fications of educators, the Secretary shall require—
‘‘(A)(i) that lists of qualified and interviewed
applicants for education positions be maintained in
each agency and area office of the Bureau from
among individuals who have applied at the agency or
area level for an education position or who have ap-
plied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
‘‘(ii) that a list of qualified and interviewed ap-
plicants for education positions be maintained in the
Office from among individuals who have applied at
the national level for an education position and who
have expressed interest in working in an education
position anywhere in the United States;
‘‘(B) that a local school board shall have the
authority to waive on a case-by-case basis, any for-
mal education or degree qualifications established by
regulation pursuant to subsection (b)(2), in order for
a tribal member to be hired in an education position
to teach courses on tribal culture and language and
908
that subject to subsection (d)(2)(A), a determination
by a school board that such a person be hired shall
be followed by the supervisor; and
‘‘(C) that it shall not be a prerequisite to the
employment of an individual in an education position
at the local level that such individual’s name appear
on the national list maintained pursuant to sub-
section (c)(1)(A)(ii) or that such individual has ap-
plied at the national level for an education position.
‘‘(2) The Secretary may authorize the temporary em-
ployment in an education position of an individual who
has not met the certification standards established pursu-
ant to regulations, if the Secretary determines that failure
to do so would result in that position remaining vacant.
‘‘(d)(1) In prescribing regulations to govern the ap-
pointment of educators, the Secretary shall require—
‘‘(A)(i) that educators employed in a school
(other than the supervisor of the school) shall be
hired by the supervisor of the school unless there are
no qualified applicants available, in which case the
vacant position shall be filed at the national level
from the list maintained pursuant to subsection
(c)(1)(A)(ii);
909
‘‘(ii) each school supervisor shall be hired by
the superintendent for education of the agency office
of the Bureau in which the school is located, and
‘‘(iii) educators employed in an agency office of
the Bureau shall be hired by the superintendent for
education of the agency office;
‘‘(B) that before an individual is employed in
an education position in a school by the supervisor
of a school (or, with respect to the position of super-
visor, by the appropriate agency superintendent for
education), the local school board for the school shall
be consulted, and that subject to subsection (d)(2),
a determination by the school board that such indi-
vidual should or should not be so employed shall be
followed by the supervisor (or with respect to the po-
sition of supervisor, by the agency superintendent
for education); and
‘‘(C) that before an individual may be employed
in an education position at the agency level, the ap-
propriate agency school board shall be consulted,
and that, subject to subsection (d)(3), a determina-
tion by such school board that such individual
should or should not be employed shall be followed
by the agency superintendent for education.