I
107TH CONGRESS
1ST SESSION
H. R. 958
To assist local educational agencies in financing and establishing alternative
education systems, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 8, 2001
Mr. KILDEE (for himself, Mr. SCOTT, Mr. GEORGE MILLER of California, and
Mrs. MCCARTHY of New York) introduced the following bill; which was
referred to the Committee on Education and the Workforce
A BILL
To assist local educational agencies in financing and estab-
lishing alternative education systems, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Alternative Education
for Safe Schools and Safe Communities Act of 2001’’.
‘‘(2) MINIMUM.—For any fiscal year, the Sec-
retary shall not allot to a State an amount under
this subsection that is less than one-quarter of 1
percent of the total amount allotted to all the States
under this subsection.
‘‘(3) 
REALLOTMENT.—The 
Secretary 
may
reallot any amount of any allotment to a State if the
Secretary determines that the State will be unable to
use such amount within two years of such allotment.
Such reallotments shall be made on the same basis
as allotments are made under paragraph (1).
‘‘(c) WITHIN-STATE DISTRIBUTION
OF FUNDS.—
Each State educational agency having an approved appli-
cation pursuant to section 4203 and receiving an allot-
ment under subsection (b), shall—
‘‘(1) allot not less than 95 percent of such allo-
cation to local educational agencies pursuant to sec-
tion 4207(a) or 4207(b); and
‘‘(2) reserve not more than 5 percent for State
level activities and evaluation, of which not more
than 40 percent may be used for administration.
‘‘SEC. 4203. STATE EDUCATIONAL AGENCY APPLICATIONS.
‘‘Each State educational agency seeking a grant
under this part shall submit an application in such form,
and containing such information, as the Secretary may
reasonably require. At a minimum, the application shall
include—
‘‘(1) a description of the competitive process the
State educational agency will use to award grants to
local educational agencies if the total amount appro-
priated under this part is less than $350,000,000 in
any given fiscal year;
‘‘(2) a description of the performance indicators
the State educational agency will establish, con-
sistent with section 4206 that will be used to evalu-
ate local educational agency programs funded under
this part;
‘‘(3) an assurance that State educational agen-
cy programs funded under this part shall be based
on the most effective research;
‘‘(4) a description of the research-base of pro-
grams funded under this part;
‘‘(5) a description of the professional develop-
ment necessary for teachers, other educators, and
pupil services personnel to implement alternative
education supports, services, and programs based on
the most effective research;
‘‘(6) a description of how the State will ensure
a reduction in the number of suspensions and expul-
sions, including reductions among groups of minor-
ity, low-income, and disabled children;
‘‘(7) a description of the programs and activi-
ties the State will carry out under section 4205;
‘‘(8) an assurance that the State educational
agency will make awards to local educational agen-
cies under section 4207(a) based on the quality of
their programs and their need for assistance under
this part;
‘‘(9) a description of how the State will ensure
the implementation of disciplinary policies that are
fair and equitable;
‘‘(10) a description of how the State will ensure
that supports, services, and programs funded under
this part will enable children to meet challenging
State academic standards;
‘‘(11) a description of how the State will ensure
that programs funded under this part include ade-
quate support services for students and their fami-
lies, including counseling, and will coordinate with
and use services available through juvenile justice,
mental health, and social services agencies;
‘‘(12) an assurance that the State and local
educational agencies which receive funds under this
part will use such funds to provide educational serv-
ices to children who have been suspended or expelled
from school; and
‘‘(13) a description of how the State will ensure
the programs funded under this part provide ade-
quate support for students to return to a regular
education setting, if appropriate.
‘‘SEC. 4204. STATE APPLICATION APPROVAL.
‘‘The Secretary shall review the application of a State
educational agency for assistance under this part and shall
approve the application, unless the Secretary makes a de-
termination in writing that such application does not meet
the specific requirements of this part or is of insufficient
quality to meet the purposes of this part.
‘‘SEC. 4205. STATE EDUCATIONAL AGENCY ACTIVITIES.
‘‘(a) REQUIRED USES
OF FUNDS.—A State edu-
cational agency shall use funds made available under sec-
tion 4202(c)(2) for the following activities:
‘‘(1) IDENTIFICATION.—Identification and dis-
semination of effective supports, services, and pro-
grams that are consistent with the purposes of this
part, based on the most effective research, to local
educational agencies within the State.
‘‘(2) ASSISTANCE.—Technical assistance de-
signed to improve the performance of supports, serv-
ices, and programs funded under this part.
‘‘(3) EVALUATION.—Evaluation of programs
funded under this part, and dissemination of the
findings of the evaluations.
‘‘(b) PERMISSIVE USES OF FUNDS.—A State edu-
cational agency may use funds made available under sec-
tion 4202(c)(2) for the following activities:
‘‘(1) DEVELOPMENT.—Development of effective
supports, services, and programs consistent with the
purposes of this part.
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development designed to provide teachers,
pupil services personnel, and other related instruc-
tional personnel with skills necessary to integrate be-
havior intervention techniques and methodology into
the academic curriculum used by the State and local
educational agencies to maintain effective discipline
and an environment conducive to learning that re-
duces the need to suspend or expel students.
‘‘(3) OTHER ACTIVITIES.—Any other activities
consistent with the purposes of this part.
‘‘SEC. 4206. STATE PERFORMANCE MEASURES.
‘‘Each State educational agency shall establish per-
formance indicators and acceptable goals of progress to
evaluate the effectiveness of programs funded under this
part. Such performance indicators shall include, at a min-
imum:
‘‘(1) reduction in the number of incidents of
disruptive and violent behavior;
‘‘(2) reduction in the number of suspensions
and expulsions;
‘‘(3) reduction in the total amount of time stu-
dents are out of school as a result of being sus-
pended or expelled;
‘‘(4) attainment of challenging State academic
standards by students in programs funded under
this part;
‘‘(5) reduction in dropout rate; and
‘‘(6) an increase in the number of students re-
turning successfully to a regular education program,
as appropriate.
‘‘SEC. 4207. LOCAL EDUCATIONAL AGENCY DISTRIBUTION
OF FUNDS.
‘‘(a) COMPETITIVE GRANTS.—In any fiscal year in
which the total amount provided under section 4214 is less
than $350,000,000, a State educational agency shall dis-
tribute funds under section 4202(c)(1) on a competitive
basis to local educational agencies that have an approved
application under section 4208 and can demonstrate a sig-
nificant number of incidents of children aged 5 through
21 who have been suspended or expelled from public
school. Such competitive grant process shall—
‘‘(1) give priority to local educational agencies
in which more than 30 percent of the children are
from families with incomes below the poverty line;
‘‘(2) ensure that each grant shall be of suffi-
cient size and scope so as to be effective;
‘‘(3) ensure, to the extent practicable, distribu-
tion of grants on an equitable geographic basis, in-
cluding selecting agencies that serve urban, subur-
ban, and rural populations; and
‘‘(4) utilize a peer review process to approve ap-
plications.
‘‘(b) FORMULA GRANTS.—
‘‘(1) IN GENERAL.—In any fiscal year in which
the total amount provided under section 4214 equals
or exceeds $350,000,000, the State educational
agency 
shall 
distribute 
funds 
under 
section
4202(c)(1) on the following basis:
‘‘(A) 80 percent of such amount shall be
allocated to such local educational agencies in
proportion to the number of children, aged 5
through 17, who reside in the school district
served by the local educational agency from
families with incomes below the poverty line ap-
agency are from families with incomes below the
poverty line; and
‘‘(2) 35 percent for local educational agencies in
which less than 30 percent of the children who re-
side in the school district served by the local edu-
cational agency are from families with incomes below
the poverty line.
‘‘(d) NON-FEDERAL
SHARE.—Local educational
agencies may satisfy the non-Federal share funding re-
quirements of this section with in-kind contributions and
may use Federal funds, other than those provided under
this part, that may be used to carry out the purposes of
this part.
‘‘SEC. 4208. LOCAL APPLICATION.
‘‘In order to be eligible to receive a grant under sec-
tion 4207, for any fiscal year, a local educational agency
shall submit an application to the State educational agen-
cy, at such time, and containing such information as the
State educational agency shall require. Such application
shall, at a minimum, include—
‘‘(1) an assurance that programs shall serve
children aged 5 through 21 who have been sus-
pended or expelled from another public school within
the local educational agency;
‘‘(2) a description of how the local educational
agency will provide, in a safe, orderly, and drug-free
learning environment with trained and qualified
staff, educational supports, services, and programs
for students who have been suspended or expelled so
such students are able to meet the State’s chal-
lenging academic standards;
‘‘(3) a description of the plan of the local edu-
cational agency for reducing the number of suspen-
sions and expulsions and reducing the total amount
of time students are out of a regular education set-
ting as a result of being suspended or expelled;
‘‘(4) a plan for training teachers, pupil services
personnel, and other appropriate school staff on ef-
fective strategies for dealing with disruptive stu-
dents;
‘‘(5) a description of how the local educational
agency will involve parents in the education of chil-
dren who have been suspended or expelled, to the ex-
tent possible;
‘‘(6) an assurance that local educational agen-
cies will develop annually increasing quantifiable
program performance goals, consistent with the
State’s performance indicators under section 4206;
‘‘(7) information demonstrating how the appli-
cant will continue the programs and activities devel-
oped under this part after completion of the grant;
‘‘(8) an assurance that the program will provide
sufficient support services for children and their
families, including counseling, and will coordinate
with and utilize services provided through juvenile
justice, social service, and mental health agencies;
‘‘(9) an assurance that the program will assist
participating students in making the transition back
to a regular education setting, as appropriate; and
‘‘(10) provide an assurance that such program
will place an emphasis on personal, academic, social,
and workplace skills and behavior modification, as
appropriate.
‘‘SEC. 4209. LOCAL APPLICATION APPROVAL.
‘‘The State educational agency shall review the appli-
cation of a local educational agency for assistance under
this part. For the purposes of grants awarded under sec-
tion 4207(b), such application shall be deemed approved
unless the State makes a determination in writing that
such application does not meet the specific requirements
of this part or is of insufficient quality to meet the pur-
poses of this part.
‘‘SEC. 4210. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.
‘‘Each local educational agency, with an approved ap-
plication under section 4209, shall use funds provided
under section 4207 for one or more of the following activi-
ties, which shall be based on the most effective research:
‘‘(1) The development, establishment, or im-
provement of alternative schools, either established
within a school or separate and apart from an exist-
ing school, that are designed—
‘‘(A) to reduce disruptive behavior;
‘‘(B) to reduce the need for repeat suspen-
sions and expulsions; and
‘‘(C) to enable students to meet chal-
lenging State academic standards.
‘‘(2) The development, establishment, or im-
provement of alternative supports, services, pro-
grams, and strategies for students served by pro-
grams funded under this part.
‘‘(3) Professional development for teachers, ad-
ministrators, pupil services personnel, and other
school staff on the most effective ways of preventing
students from disrupting class, and for dealing with
those students who disrupt class.
‘‘(4) Mentoring, tutoring, and other services for
students.
‘‘(5) Counseling and mental health services,
such as mental health assessment and counseling,
counseling on transitioning to work or other edu-
cational options, and family counseling.
‘‘(6) Programs in such areas as conflict resolu-
tion, peer mediation, character education, social
skills building, alcohol, drug, and violence preven-
tion, and behavior interventions.
‘‘(7) Programs providing sufficient support
services for children and their families, including
counseling, and coordination with and utilization of
services provided through juvenile justice, social
service, and mental health agencies.
‘‘(8) Activities to assist students in making the
transition back to regular school programs, as ap-
propriate.
‘‘(9) Programs to assist students to meet chal-
lenging academic standards.
‘‘(10) Other programs and activities consistent
with the purposes of this part.
‘‘SEC. 4211. PROGRAM EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State educational
agency receiving funds under this part shall evaluate the
effectiveness of programs and activities carried out under
this part in reducing the need to suspend or expel students
and in helping students who have been suspended or ex-
pelled to meet the State’s challenging academic standards.
‘‘(2) In evaluating local programs, the State edu-
cational agency shall, as appropriate, review performance
data based on the attainment of the goals established by
local 
educational 
agencies 
under 
section 
4208(6),
disaggregated, as appropriate, on the basis of gender,
race, ethnicity, migrant status, limited English proficiency
status, disability, primary versus secondary education, and
economic status.
‘‘(b) EVALUATION RESULTS, CORRECTIVE ACTION,
AND TERMINATION OF FUNDS.—
‘‘(1) RESULTS.—Each State educational agency
shall submit the results of its evaluation to the Sec-
retary in an annual report. The Secretary shall sub-
mit a summary of the annual reports to both the
Committee on Education and the Workforce of the
House of Representatives and the Health, Edu-
cation, Labor, and Pensions Committee of the Sen-
ate.
‘‘(2) DISTRIBUTION.—Each State educational
agency shall distribute the results of the evaluation
of individual programs to each evaluated program.
‘‘(3) INSUFFICIENT PROGRESS.—If a State edu-
cational agency determines that a local educational
agency’s program under this part did not make suf-
ficient progress toward the performance indicators
established by the State educational agency based on
the goals described in section 4208(6), the State
educational agency shall provide technical assistance
to such program. After two consecutive years of fail-
ure by a program to make sufficient progress toward
the levels of performance established by the State
educational agency, the State educational agency
shall take such action as may be necessary, includ-
ing the withdrawal of funds, in whole or in part,
from such program.
‘‘SEC. 4212. NATIONAL ACTIVITIES AND EVALUATION.
‘‘(a) EVALUATION BY THE SECRETARY.—The Sec-
retary shall evaluate a representative sample of the pro-
grams funded under this part, and shall report the find-
ings of the evaluation to the Committee on Education and
the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate not later than 3 years after the first grants
are made under this part.
‘‘(b) RESEARCH.—The Secretary shall conduct re-
search, directly or through grants or contracts, to develop
and identify proven alternative education practices. The
Secretary shall disseminate such alternative education
practices to State educational agencies and local edu-
cational agencies receiving funds under this Act.
‘‘(c) OTHER NATIONAL ACTIVITIES.—The Secretary
may directly, or through grants or contracts, carry out
programs and activities consistent with the purposes of
this part such as, collection of data, dissemination of infor-
mation, and development of model programs and activi-
ties.
‘‘SEC. 4213. SPECIAL RULE, DEFINITION.
‘‘(a) CONSTRUCTION.—Nothing in this part shall be
construed to affect the requirements of the Individuals
with Disabilities Education Act (20 U.S.C. 1400 et seq.)
or the Gun-Free Schools Act (20 U.S.C. 8921 et seq.).
‘‘(b) SUPPLEMENT.—Funds made available under
this part shall be used to supplement, and shall not sup-
plant, non-Federal funds expended to carry out programs
and activities authorized by this part.
‘‘(c) DEFINITION.—For the purposes of this part, the
term ‘poverty line’ is defined as such term is defined by
the Office of Management and Budget and revised annu-
ally in accordance with section 672(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2)).
‘‘SEC. 4214. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $200,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the four succeeding
fiscal years.
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