I
105TH CONGRESS
2D SESSION
H. R. 4779
To provide block grant options for certain education funding.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 1998
Mr. SALMON introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To provide block grant options for certain education funding.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. BLOCK GRANT OPTIONS.
(a) STATE OPTIONS.—Notwithstanding any other
provision of law, each State shall notify the Secretary re-
garding the State’s election to receive the State’s portion
of the applicable funding described in subsection (b) ac-
cording to one of the following options:
(1) STATE BLOCK GRANT OPTION.—The State
may receive the funding pursuant to a State allot-
ment described in section 2(a)(1).
(2) LOCAL BLOCK GRANT OPTION.—The State
may direct the Secretary to send the funding directly
to local educational agencies in the State pursuant
to a local allotment described in section 2(a)(2).
(3) FEDERAL
STATUTE
OPTION.—The State
may receive the funding according to the provisions
of law described in subsection (b).
(b) APPLICABLE FUNDING.—In this section, the term
‘‘applicable funding’’ means all funds that are appro-
priated for the Department of Education for fiscal year
2000 or any succeeding fiscal year to carry out programs
or activities under the following provisions of law:
(1) The Goals 2000: Educate America Act (20
U.S.C. 5801 et seq.), other than titles I and X of
such Act (20 U.S.C. 5811 et seq. and 6061 et seq.).
(2) The Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6301 et seq.), other than ti-
tles VIII, IX, and XIV of such Act (20 U.S.C. 7701
et seq., 7801 et seq., and 8801 et seq.).
(3) The School-to-Work Opportunities Act of
1994 (20 U.S.C. 6101 et seq.).
(4) The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.).
SEC. 2. BLOCK GRANTS.
(a) ALLOTMENTS.—
(1) STATES.—From the total applicable funding
available for a fiscal year, the Secretary may make
allotments to each State selecting the option de-
scribed in section 1(a)(1) in an amount that bears
the same relation to such total applicable funding as
the number of individuals in the State who are aged
5 through 17 bears to the total number of such indi-
viduals in all States.
(2) LOCAL
EDUCATIONAL
AGENCIES.—From
the total applicable funding available for a fiscal
year, the Secretary may make allotments to each
local educational agency in a State selecting the op-
tion described in section 1(a)(2) in an amount that
bears the same relation to such total applicable
funding as the number of individuals in the school
district served by the local educational agency who
are aged 5 through 17 bears to the total number of
such individuals in all school districts served by all
local educational agencies in all States.
(3) ENROLLMENT DETERMINATION.—The Sec-
retary shall determine the number of children de-
scribed in paragraphs (1) and (2)—
(A) for the academic year for which the de-
termination is made, after the beginning of the
academic year; and
(B) on the basis of the most recent data
available to the Secretary.
(b) DISTRIBUTION OF ALLOTTED FUNDS.—
(1) RESERVATIONS.—
(A) STATES.—Each State that receives
funds allotted under subsection (a) may reserve
not more than 1 percent of the funds for the
cost of administration, evaluation, reporting,
and other activities related to activities assisted
under this Act.
(B) LOCAL
EDUCATIONAL
AGENCIES.—
Each local educational agency that receives
funds allotted under subsection (a) may reserve
not more than 2 percent of the funds for the
costs of administration, overhead costs, or indi-
rect costs.
(2) AWARDS.—In States selecting the State
block grant option described in section 1(a)(1), all
funds allotted under subsection (a)(1) that are not
reserved under paragraph (1)(A) shall be made
available, in accordance with paragraph (3), on be-
half of each student who resides in the State and is
enrolled in a public elementary school or secondary
school, or in a private or home elementary school or
secondary school, located in the State. In States se-
lecting the local block grant option described in sec-
tion 1(a)(2), all funds allotted under subsection
(a)(2) that are not reserved under paragraph (1)(B)
shall be made available, in accordance with para-
graph (3), on behalf of each student who resides in
the school district served by a local educational
agency and is enrolled in a public elementary school
or secondary school, or in a private or home elemen-
tary school or secondary school, in the school dis-
trict. In States selecting the State block grant option
or the local block grant option, the amount allotted
on behalf of each student shall be adjusted in ac-
cordance with paragraph (5).
(3) RECIPIENTS.—Funds awarded under para-
graph (2)—
(A) in the case of a public school student,
including a charter school student, shall be
made available to the public school or charter
school, respectively; and
(B) in the case of a private school or home
school student, shall be made available to the
parent or legal guardian of the student.
(4) USES.—
(A) PUBLIC
SCHOOL
STUDENTS.—Each
public school that receives assistance under this
in section 1(b), to State and local recipients, in States se-
lecting the option described in section 1(a)(3).
(b) PERCENTAGE
REDUCTIONS.—The Secretary,
after making the allotments under paragraphs (1) and (2)
of section 2(a) for a fiscal year, shall reduce the total
amount of applicable funding available to carry out the
provisions of law described in section 1(b) for the fiscal
year, for any State selecting the option described in sec-
tion 2(a)(3), by an equal percentage for each such provi-
sion.
SEC. 4. ACCOUNTABILITY.
(a) IN GENERAL.—Each entity receiving assistance
under this Act shall—
(1) use the funds to supplement and not sup-
plant State and local funds; and
(2) involve parents and members of the public
in planning for the use of funds provided under this
Act, such as through a representative advisory com-
mittee.
(b) REPORTS.—
(1) IN GENERAL.—Each local educational agen-
cy receiving an allotment under this Act shall pre-
pare and submit to the State, and each State receiv-
ing an allotment under this Act shall prepare and
submit to Congress, a report regarding the distribu-
tion and use of the allotted funds, and how the use
of the funds effects student achievement.
(2) AVAILABILITY.—Each State and local edu-
cational agency submitting a report under paragraph
(1) shall make copies of the report available to par-
ents and other members of the public.
(3) SPECIAL RULE.—Each State or local edu-
cational agency receiving an allotment under this
Act that has developed or established challenging
content or student performance standards shall in-
clude in the report submitted under paragraph (1)
information regarding student achievement with re-
spect to the standards.
SEC. 5. DEFINITIONS.
In this title:
(1) LOCAL EDUCATIONAL AGENCY.—The term
‘‘local educational agency’’ has the meaning given
the term in section 14101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801).
(2) QUALIFIED ELEMENTARY AND SECONDARY
EDUCATION EXPENSES.—
(A) IN GENERAL.—The term ‘‘qualified el-
ementary and secondary education expenses’’
means—
(i) expenses for tuition, fees, academic
tutoring, special needs services, books, sup-
plies, computer equipment (including relat-
ed software and services), and other equip-
ment which are incurred in connection with
the enrollment or attendance of a student
at a school; or
(ii) expenses for room and board, uni-
forms, transportation, and supplementary
items and services (including extended day
programs) which are required or provided
by a school in connection with such enroll-
ment or attendance.
(B) 
SPECIAL
RULE
FOR
HOMESCHOOLING.—Such term shall include ex-
penses described in subparagraph (A)(i) in con-
nection 
with 
education 
provided 
by
homeschooling if the requirements of any appli-
cable State or local law are met with respect to
such education.
(2) SCHOOL.—The term ‘‘school’’ means any
school that provides kindergarten education, elemen-
tary education or secondary education, as deter-
mined under State law.
(3) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Education.
(4) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the United States Virgin
Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of
Palau.
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