386
an opportunity to comment on the proposal;
and
‘‘(B) submits the comments to the Sec-
retary; and
‘‘(3) in the case of a waiver proposal submitted
by a local educational agency or other agency, insti-
tution, or organization that receives funds under this
Act from the State educational agency, such request
has been reviewed by the State educational agency
and is accompanied by the comments, if any, of such
agency.
‘‘(b) WAIVER PERIOD.—(1) A waiver under this sec-
tion shall be for a period not to exceed three years.
‘‘(2) The Secretary may extend such period if the
Secretary determines that—
‘‘(A) the waiver has been effective in enabling
the State or affected recipients to carry out the ac-
tivities for which it was requested and has contrib-
uted to improved performance; and
‘‘(B) such extension is in the public interest.
‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary
may not waive, under this section, any statutory or regu-
latory requirement relating to—
‘‘(1) comparability of services;
‘‘(2) maintenance of effort;
387
‘‘(3) the equitable participation of students at-
tending private schools;
‘‘(4) parental participation and involvement;
‘‘(5) the distribution of funds to States or to
local educational agencies or other recipients of
funds under this Act;
‘‘(6) maintenance of records;
‘‘(7) applicable civil rights requirements; or
‘‘(8) the requirements of sections 438 and 439
of the General Education Provisions Act.
‘‘(d) TERMINATION
OF WAIVERS.—The Secretary
shall terminate a waiver under this section if the Secretary
determines that the performance of the State or other re-
cipient affected by the waiver has been inadequate to jus-
tify a continuation of the waiver or if it is no longer nec-
essary to achieve its original purposes.
‘‘PART E—UNIFORM PROVISIONS
‘‘MAINTENANCE OF EFFORT
‘‘SEC. 9501. (a) GENERAL.—A local educational
agency may receive funds under a covered program for
any fiscal year only if the State educational agency finds
that either the combined fiscal effort per student or the
aggregate expenditures of that agency and the State with
respect to the provision of free public education by that
agency for the preceding fiscal year was not less than 90
388
percent of such combined fiscal effort or aggregate ex-
penditures for the second preceding fiscal year.
‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
(1) The State educational agency shall reduce the amount
of the allocation of funds under a covered program in any
fiscal year in the exact proportion to which a local edu-
cational agency fails to meet the requirement of subsection
(a) by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using the
measure most favorable to such local agency).
‘‘(2) No such lesser amount shall be used for comput-
ing the effort required under subsection (a) for subsequent
years.
‘‘(c) WAIVER.—The Secretary may waive the require-
ments of this section if the Secretary determines that such
a waiver would be equitable due to—
‘‘(1) exceptional or uncontrollable circumstances
such as a natural disaster; or
‘‘(2) a precipitous decline in the financial re-
sources of the local educational agency.
‘‘PROHIBITION REGARDING STATE AID
‘‘SEC. 9502. No State shall take into consideration
payments under this Act in determining the eligibility of
any local educational agency in that State for State aid,
or the amount of State aid, with respect to free public
education of children.
389
‘‘PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS
‘‘SEC. 9503. (a) GENERAL REQUIREMENT.—(1) Ex-
cept as otherwise provided in this Act, to the extent con-
sistent with the number of eligible children in a State edu-
cational agency, local educational agency, or intermediate
educational agency or consortium receiving financial as-
sistance under a program specified in subsection (b), who
are enrolled in private elementary and secondary schools
in such agency or consortium, such agency or consortium
shall, after timely and meaningful consultation with ap-
propriate private school officials, provide such children
and their teachers or other educational personnel, on an
equitable basis, special educational services or other bene-
fits under such program.
‘‘(2) Educational services or other benefits, including
materials and equipment, provided under this section,
must be secular, neutral, and nonideological.
‘‘(3) Educational services and other benefits provided
under this section for such private school children, teach-
ers, and other educational personnel shall be equitable in
comparison to services and other benefits for public school
children, teachers, and other educational personnel partici-
pating in such program.
390
‘‘(4) Expenditures for educational services and other
benefits provided under this section to eligible private
school children, their teachers, and other educational per-
sonnel serving them shall be equal, taking into account
the number and educational needs of the children to be
served, to the expenditures for participating public school
children.
‘‘(5) Such agency or consortium may provide such
services directly or through contracts with public and pri-
vate agencies, organizations, and institutions.
‘‘(b) APPLICABILITY.—(1) This section applies to—
‘‘(A) each covered program;
‘‘(B) programs under title VII of this Act; and
‘‘(C) any other program under this Act speci-
fied by the Secretary, subject to such conditions as
the Secretary may prescribe.
‘‘(2) For the purposes of this section, the term ‘eligi-
ble children’ mean children eligible for services under a
program described in paragraph (1).
‘‘(c) CONSULTATION.—(1) To ensure timely and
meaningful consultation, such agency or consortium shall
consult with appropriate private school officials during the
design and development of the programs under this Act,
on issues such as—
‘‘(A) how the children’s needs will be identified;
391
‘‘(B) what services will be offered;
‘‘(C) how and where the services will be pro-
vided; and
‘‘(D) how the services will be assessed.
‘‘(2) Such consultation shall occur before the agency
or consortium makes any decision that affects the oppor-
tunities of eligible private school children, teachers, and
other educational personnel to participate in programs
under this Act.
‘‘(3) Such consultation shall include a discussion of
the full range of service delivery mechanisms that an agen-
cy or consortium could use to provide equitable services
to eligible private school children, teachers, and other edu-
cational personnel, including, but not limited to—
‘‘(A) instruction provided at public school sites,
at neutral sites, or in mobile vans;
‘‘(B) computer-assisted instruction;
‘‘(C) extended-day services;
‘‘(D) home tutoring; and
‘‘(E) take-home computers.
‘‘(d) PUBLIC CONTROL OF FUNDS.—(1) The control
of funds used to provide services under this section, and
title to materials, equipment, and property purchased with
these funds, shall be in a public agency for the uses and
392
purposes provided in this Act, and a public agency shall
administer such funds and property.
‘‘(2)(A) The provision of services under this section
shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency
with an individual, association, agency, or organiza-
tion.
‘‘(B) In the provision of such services, such employee,
person, association, agency, or organization shall be inde-
pendent of such private school and of any religious organi-
zation, and such employment or contract shall be under
the control and supervision of such public agency.
‘‘(C) Funds used to provide services under this sec-
tion shall not be commingled with non-Federal funds.
‘‘STANDARDS FOR BY-PASS
‘‘SEC. 9504. If, by reason of any provision of law,
a State, local, or intermediate educational agency or con-
sortium is prohibited from providing for the participation
in programs of children enrolled in, or teachers or other
educational personnel from, private elementary and sec-
ondary schools, on an equitable basis, or if the Secretary
determines that such agency or consortium has substan-
tially failed or is unwilling to provide for such participa-
tion, as required by section 9503, the Secretary shall—
393
‘‘(1) waive the requirements of that section for
such agency or consortium; and
‘‘(2) arrange for the provision of equitable serv-
ices to such children, teachers, or other educational
personnel through arrangements that shall be sub-
ject to the requirements of this section and of sec-
tions 9503, 9505, and 9506.
‘‘COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN
‘‘SEC. 9505. (a) PROCEDURES FOR COMPLAINTS.—
The Secretary shall develop and implement written proce-
dures for receiving, investigating, and resolving complaints
from parents, teachers, or other individuals and organiza-
tions concerning violations by an agency or consortium of
section 9503 of this Act. Such individual or organization
shall submit such complaint to the State educational agen-
cy for a written resolution by such agency within a reason-
able period of time.
‘‘(b) APPEALS TO THE SECRETARY.—Such resolution
may be appealed by an interested party to the Secretary
within 30 days after the State educational agency resolves
the complaint or fails to resolve the complaint within a
reasonable period of time. Such appeal shall be accom-
panied by a copy of the State educational agency’s resolu-
tion, and a complete statement of the reasons supporting
the appeal. The Secretary shall investigate and resolve
394
each such appeal within 120 days after receipt of the ap-
peal.
‘‘BY-PASS DETERMINATION PROCESS
‘‘SEC. 9506. (a) REVIEW.—(1)(A) The Secretary
shall not take any final action under section 9504 until
the agency or consortium affected by such action has had
an opportunity, for at least 45 days after receiving written
notice thereof, to submit written objections and to appear
before the Secretary to show cause why that action should
not be taken.
‘‘(B) Pending final resolution of any investigation or
complaint that could result in a determination under this
section, the Secretary may withhold from the allocation
of the affected State or local educational agency the
amount estimated by the Secretary to be necessary to pay
the cost of those services.
‘‘(2)(A) If such affected agency or consortium is dis-
satisfied with the Secretary’s final action after a proceed-
ing under paragraph (1), it may, within 60 days after no-
tice of such action, file with the United States court of
appeals for the circuit in which such State is located a
petition for review of that action.
‘‘(B) A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the Secretary.
‘‘(C) The Secretary thereupon shall file in the court
the record of the proceedings on which the Secretary based
395
this action, as provided in section 2112 of title 28, United
States Code.
‘‘(3)(A) The findings of fact by the Secretary, if sup-
ported by substantial evidence, shall be conclusive, but the
court, for good cause shown, may remand the case to the
Secretary to take further evidence and the Secretary may
thereupon make new or modified findings of fact and may
modify the Secretary’s previous action, and shall file in
the court the record of the further proceedings.
‘‘(B) Such new or modified findings of fact shall like-
wise be conclusive if supported by substantial evidence.
‘‘(4)(A) Upon the filing of such petition, the court
shall have jurisdiction to affirm the action of the Secretary
or to set it aside, in whole or in part.
‘‘(B) The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
‘‘(b) DETERMINATION.—Any determination by the
Secretary under this section shall continue in effect until
the Secretary determines, in consultation with such agency
or consortium and representatives of the affected private
school children, teachers, or other educational personnel
that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable
396
requirements of section 9503 or any other provision of this
Act.
‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When
the Secretary arranges for services pursuant to this sec-
tion, the Secretary shall, after consultation with the ap-
propriate public and private school officials, pay the cost
of such services, including the administrative costs of ar-
ranging for those services, from the appropriate allocation
or allocations under this Act.
‘‘(d) PRIOR DETERMINATION.—Any by-pass deter-
mination by the Secretary under this Act as in effect on
the day before enactment of the Improving America’s
Schools Act of 1993 shall remain in effect to the extent
the Secretary determines that it is consistent with the pur-
pose of this section.
‘‘PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION
‘‘SEC. 9507. Nothing contained in this Act shall be
construed to authorize the making of any payment under
this Act for religious worship or instruction.
‘‘PART F—OTHER PROVISIONS
‘‘STATE RECOGNITION OF EXEMPLARY PERFORMANCE
‘‘SEC. 9601. (a) GENERAL AUTHORITY.—(1) A State
educational agency may implement a program of State
recognition awards under one or more covered programs
397
(other than part A of title I of this Act) and part B of
title I of this Act.
‘‘(2) Such recognition awards shall be made by the
State educational agency to recipients of assistance under
this Act in the State that the State educational agency
determines have carried out grant-related activities in an
exemplary fashion and have demonstrated outstanding
performance measured in accordance with this section.
‘‘(3) A State desiring to make monetary awards
under this section may reserve a portion of the total
amount available for grants within the State under such
program for any fiscal year, not to exceed one percent,
for the purpose of making recognition awards to qualifying
recipients under such programs. In implementing this sec-
tion, a State may reduce the amount of funds it would
otherwise allocate to recipients in accordance with the ap-
plicable statute governing such allocation to the extent
necessary.
‘‘(b) CONDITIONS.—A State educational agency may
make recognition awards under this section if—
‘‘(1) in selecting awardees, it takes into account
improvements in performance (rather than compari-
sons with other schools and school districts), and
successful cooperative efforts among teachers, ad-
398
ministrators, and other school personnel in achieving
educational reform;
‘‘(2) it employs peer review procedures in iden-
tifying recipients eligible for awards, the identity of
the awardees, and the amount of the awards;
‘‘(3) it determines that the awardee is in com-
pliance with applicable civil rights requirements; and
‘‘(4) it submits to the Secretary a description of
the criteria used in making such awards.
‘‘INTERNATIONAL EDUCATION ACTIVITIES
‘‘SEC. 9602. (a) GENERAL AUTHORITY.—In order to
enhance education in the United States and to encourage
cooperative efforts with foreign governments and inter-
national organizations, the Secretary is authorized directly
or through grants, contracts, or cooperative agreements
to carry out the activities in subsection (b).
‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this
section may be used for—
‘‘(1) activities to improve international under-
standing through the exchange of technical assist-
ance, information, and training opportunities;
‘‘(2) activities to improve our understanding of
how educational systems in other countries work in
order to better carry out reform efforts;
‘‘(3) joint conferences with foreign countries to
focus on specific content areas; and
399
‘‘(4) other joint efforts designed to foster inter-
national collaboration and cooperation in education.
‘‘(c) AUTHORIZATION.—For the purpose of carrying
out this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
1995 through 1999.’’.
TITLE II—AMENDMENTS TO THE GENERAL
EDUCATION PROVISIONS ACT
PART A—APPLICABILITY OF THE GENERAL EDUCATION
PROVISIONS ACT
TITLE; APPLICABILITY; DEFINITIONS
SEC. 211. Section 400 of the General Education Pro-
visions Act (20 U.S.C. 1221 et seq.; hereafter in this title
referred to 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 Edu-
cation.
‘‘(c) As used in this title, the following terms have
the following meanings:
400
‘‘(1) The term ‘applicable program’ means any
program for which the Secretary or the Department
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
401
of the Rehabilitation Act of 1973, the Age Discrimination
Act, or other statutes prohibiting discrimination, to any
applicable program.’’.
REPEAL
SEC. 212. Section 400A of the Act is repealed.
PART B—THE DEPARTMENT OF EDUCATION
NEW HEADING FOR PART A
SEC. 221. The heading for Part A of the Act is
amended to read as follows: ‘‘PART A—FUNCTIONS OF
THE DEPARTMENT OF EDUCATION’’.
GENERAL AUTHORITY OF THE SECRETARY
SEC. 222. Section 408 of the Act is amended to read
as follows:
‘‘GENERAL AUTHORITY OF THE SECRETARY
‘‘SEC. 408. The Secretary, in order to carry out func-
tions otherwise vested in him by law or by delegation of
authority pursuant to law, and subject to limitations as
may be otherwise imposed by law, is authorized to make,
promulgate, issue, rescind, and amend rules and regula-
tions governing the manner of operation of, and governing
the applicable programs administered by, the Depart-
ment.’’.
OFFICE OF PRIVATE EDUCATION
SEC. 223. Section 409 of the Act is repealed and a
new section 409 is inserted in lieu thereof to read as fol-
lows:
402
‘‘OFFICE OF PRIVATE EDUCATION
‘‘SEC. 409. Subject to section 413 of the Department
of Education Organization Act, there is established in the
Department an Office of Private Education to ensure the
maximum participation of nonpublic school students in all
applicable programs for which such children are eligible.’’.
REPEALS
SEC. 224. Sections 401, 402, 403, 406A, 406B,
406C, and 407 of the Act are repealed.
PART C—APPROPRIATIONS AND EVALUATIONS
AVAILABILITY OF APPROPRIATIONS
SEC. 231. (a) The heading for section 412 of the Act
is amended to read as follows: ‘‘AVAILABILITY OF APPRO-
PRIATIONS ON ACADEMIC OR SCHOOL-YEAR BASIS; ADDI-
TIONAL PERIOD FOR OBLIGATION OF FUNDS’’.
(b) Section 412 of the Act is further amended—
(1) in subsection (a)—
(A) by striking out ‘‘to educational agen-
cies or institutions’’;
(B) by striking out ‘‘expenditure’’ and in-
serting in lieu thereof ‘‘obligations’’; and
(C) by striking out ‘‘by the agency or insti-
tution concerned’’ and inserting in lieu thereof
‘‘by the recipient’’;
(2) by amending subsection (b)(1) to read as
follows:
403
‘‘(b)(1)(A) Notwithstanding any other provision of
law, unless enacted in express limitation of this subsection,
any funds from appropriations to carry out any applicable
State formula grant program that are not obligated by a
recipient by the end of the fiscal year for which such funds
were appropriated shall remain available for obligation by
such recipient during the succeeding fiscal year.
‘‘(B) As used in this subsection, the term ‘applicable
State formula grant program’ means an applicable pro-
gram whose authorizing statute or implementing regula-
tions provide a formula for allocating program funds
among eligible States.’’;
(3) in subsection (b)(2)—
(A) by striking out ‘‘applicable program’’
and inserting in lieu thereof ‘‘applicable State
formula grant program’’;
(B) by striking out ‘‘and expenditure’’ and
‘‘and expended’’; and
(C) in subparagraph (B), by striking out
‘‘educational agencies or institutions’’ and in-
serting in lieu thereof ‘‘recipients’’; and
(4) by striking out subsection (c).
CONTINGENT EXTENSION OF PROGRAMS
SEC. 232. Section 414 of the Act is amended to read
as follows:
404
‘‘CONTINGENT EXTENSION OF PROGRAMS
‘‘SEC. 414. (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 ter-
minal fiscal year of such authorization or duration—
‘‘(1) has passed legislation that becomes law
and extends, or has formally rejected legislation that
would have extended, the authorization or duration
of such program; or
‘‘(2) approves a resolution, by action of either
the House of Representatives or the Senate, stating
that this section shall not apply to 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) If the Secretary is required, in the terminal fiscal
year of an applicable program, to carry out certain acts
or make certain determinations that are necessary for the
continuation of such program, such acts or determinations
shall be required to be carried out or made during the
period of automatic extension under subsection (a).’’.
405
BIENNIAL EVALUATION REPORT
SEC. 233. Section 417 of the Act is amended to read
as follows:
‘‘BIENNIAL EVALUATION REPORT
‘‘SEC. 417. Not later than March 31 of each second
year beginning with 1995, the Secretary shall transmit to
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, and evaluation
information on the costs and benefits of the applica-
ble programs being evaluated;
‘‘(3) contain selected significant program activi-
ties, such as initiatives for program improvement,
regulations, and program monitoring and evaluation;
406
‘‘(4) list the principal analyses and studies sup-
porting the major conclusions in the report; and
‘‘(5) include available data to indicate the effec-
tiveness of the programs and projects by the race,
sex, disability and age of their beneficiaries.’’.
TECHNICAL AMENDMENTS
SEC. 234. (a) Section 415 of the Act is amended by
striking out ‘‘Commissioner’’ and inserting in lieu thereof
‘‘Secretary’’.
(b) Section 420 of the Act is amended—
(1) by striking out ‘‘title I of’’ and all that fol-
lows through ‘‘Congress)’’ and inserting in lieu
thereof ‘‘title VIII of the Elementary and Secondary
Education Act of 1965’’; and
(2) by striking out ‘‘subparagraph (C) of sec-
tion 3(d)(2) or section 403(1)(C)’’ and inserting in
lieu thereof ‘‘sections 8003(c) or residing on prop-
erty described in section 8012(4)(B)(ii)’’.
REPEALS
SEC. 235. Sections 411, 413, 416, and 419 of the
Act are repealed.
PART D—ADMINISTRATION OF EDUCATION PROGRAMS
JOINT FUNDING OF PROGRAMS
SEC. 241. (a) Section 421A of the Act is amended
to read as follows:
407
‘‘JOINT FUNDING OF PROGRAMS
‘‘SEC. 421A. (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 the statutes appropriating
such funds, and shall be made available only to parties
eligible to receive such funds under such statutes.
‘‘(3) If the Secretary enters into a agreement under
this subsection for the administration of a project, the
agency administering the project shall use its procedures
to select awardees and to administer the 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
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
408
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. Any applicant for such a joint award must
meet the eligibility requirements of each such program.’’.
COLLECTION AND DISSEMINATION OF INFORMATION
SEC. 242. Section 422 of the Act is amended to read
as follows:
‘‘COLLECTION AND DISSEMINATION OF INFORMATION
‘‘SEC. 422. The Secretary shall—
‘‘(1) prepare and disseminate to State and local
educational agencies and institutions information
concerning applicable programs and cooperate with
other Federal officials who administer programs af-
fecting education in disseminating information con-
cerning such programs;
409
‘‘(2) inform the public on federally supported
education programs; and
‘‘(3) collect data and information on applicable
programs for the purpose of obtaining objective
measurements of the effectiveness of such programs
in achieving their purposes.’’.
REVIEW OF APPLICATIONS
SEC. 243. Section 425 of the Act is amended—
(1) in subsection (a)—
(A) by striking out ‘‘Commissioner’’ and
inserting in lieu thereof ‘‘Secretary’’;
(B) by striking out ‘‘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 out the comma after
‘‘guidelines’’; and
(ii) by inserting a comma after ‘‘pro-
gram’’;
(2) in subsection (b), by striking out ‘‘Commis-
sioner’’ each place it appears and inserting in lieu
thereof ‘‘Secretary’’; and
(3) in subsection (d), by striking out ‘‘Commis-
sioner’’ each time it appears and inserting in lieu
410
thereof ‘‘Secretary’’ and by inserting before the pe-
riod ‘‘or issue such other orders as the Secretary
may deem appropriate to achieve such compliance’’.
USE OF FUNDS WITHHELD
SEC. 244. Section 428 of the Act is amended to read
as follows:
‘‘USE OF FUNDS WITHHELD
‘‘SEC. 428. (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 it would have been reduced, had the data on which
the allotment or reallotment is based excluded all data re-
lating to local educational agencies of the State that, on
the date of the Secretary’s action, are ineligible to receive
the Federal financial assistance 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 Dis-
crimination Act of 1975.
‘‘(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
411
‘‘(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.’’.
APPLICATIONS
SEC. 245. Section 430 of the Act is amended by strik-
ing out ‘‘for three fiscal years’’ and inserting in lieu there-
of ‘‘for more than one fiscal year’’.
REGULATIONS
SEC. 246. Section 431 of the Act is repealed.
RECORDS; REDUCTION IN RETENTION REQUIREMENTS
SEC. 247. Section 437 of the Act is amended—
(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
arrangement’’;
(B) 
by 
inserting 
‘‘financial 
or 
pro-
grammatic’’ immediately before ‘‘audit.’’; and
412
(C) by striking out the last sentence there-
of; 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’’.
TECHNICAL AMENDMENTS
SEC. 248. (a) The heading for Part C of the Act is
amended by striking out ‘‘COMMISSIONER
OF EDU-
CATION’’ and inserting in lieu thereof ‘‘SECRETARY’’.
(b) Section 427 of the Act is amended—
(1) by striking out ‘‘Commissioner’’ and insert-
ing in lieu thereof ‘‘Secretary’’; and
(2) in the second sentence thereof, by inserting
‘‘is made’’ after ‘‘such determination’’.
(c) Section 430 of the Act is amended by striking
out ‘‘Commissioner’’ each place it appears and inserting
in lieu thereof ‘‘Secretary’’.
(d) Section 433 of the Act is amended by striking
out ‘‘Except for emergency relief’’ and inserting in lieu
thereof ‘‘All laborers’’.
413
(e)(1) The heading of section 434 of the Act is
amended by striking out ‘‘EDUCATIONAL’’.
(2) Section 434 of the Act is amended—
(A) by striking out ‘‘Commissioner’’ each place
it appears and inserting in lieu thereof ‘‘Secretary’’;
and
(B) by inserting ‘‘(c)’’ before the last sentence
and by deleting ‘‘paragraph (3)’’ in such sentence
and inserting in lieu thereof ‘‘subsection (b)(3)’’.
(f) Section 435 of the Act is amended—
(1) by striking out ‘‘Commissioner’’ each place
it appears and inserting in lieu thereof ‘‘Secretary’’;
and
(2) in subsection (a)—
(A) by striking out the comma after ‘‘sub-
mits a plan’’; and
(B) by striking out ‘‘(subject, in the case
of programs under chapter 1 and chapter 2 of
title I of the Elementary and Secondary Edu-
cation Act of 1965)’’.
(g) Section 436 of the Act is amended—
(1) in subsection (a), by striking out ‘‘that local
education agency’’ and inserting in lieu thereof ‘‘that
local educational agency’’; and
(2) in subsection (b)—
414
(A) in paragraph (2), by inserting a
comma after ‘‘program’’;
(B) in paragraph (4), by striking out
‘‘Commissioner’’ each place it appears and in-
serting in lieu thereof ‘‘Secretary’’; and
(C) in paragraph (7), by striking out
‘‘handicapped individuals’’ and inserting in lieu
thereof ‘‘individuals with disabilities’’.
(h) Section 438 of the Act is amended—
(1) in subsection (a)(4)(B)(ii), by striking out
the period at the end thereof and inserting in lieu
thereof a semicolon;
(2) in subsection (b)—
(A) in paragraph (1)(C), by striking out
‘‘(iii) an administrative head of an education
agency (as defined in section 408(c)), or (iv)’’
and inserting in lieu thereof ‘‘or (iii)’’;
(B) in paragraph (1)(H), by striking out
‘‘1954’’ and inserting in lieu thereof ‘‘1986’’;
and
(C) in paragraph (3)—
(i) by striking out ‘‘(C) an adminis-
trative head of an education agency or
(D)’’ and inserting in lieu thereof ‘‘or
(C)’’; and
415
(ii) by striking out ‘‘education pro-
gram’’ and inserting in lieu thereof ‘‘edu-
cation programs’’;
(3) in subsection (d), by inserting a comma
after ‘‘education’’;
(4) in subsection (f)—
(A) by striking out ‘‘The Secretary, or an
administrative head of an education agency,’’
and inserting in lieu thereof ‘‘The Secretary’’;
(B) by striking out ‘‘provisions of’’ after
‘‘enforce’’;
(C) by striking out ‘‘according to the provi-
sions of’’ and inserting in lieu thereof ‘‘in ac-
cordance with’’; and
(D) by striking out ‘‘the provisions of’’
after ‘‘with’’; and
(5) in subsection (g)—
(A) by striking out ‘‘Health, Education,
and Welfare’’ and inserting in lieu thereof
‘‘Education’’; and
(B) by striking out ‘‘the provisions of’’.
REPEALS
SEC. 249. (a) Sections 421, 423, 424, 426, 426A,
and 429 of the Act are repealed.
416
EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES
SEC. 250. The Act is further amended by inserting
after section 425 a new section 426 to read as follows:
‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER
PROGRAM BENEFICIARIES
‘‘SEC. 426. (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
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.
417
‘‘(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.’’.
PART E—ADVISORY COMMITTEES
REPEAL
SEC. 251. Part D of the Act is repealed.
PART F—ENFORCEMENT
REPEAL OF GRANTBACK PROVISION
SEC. 261. Section 459 of the Act is repealed.
PART G—RELATED AMENDMENTS TO OTHER ACTS
DEPARTMENT OF EDUCATION ORGANIZATION ACT
SEC. 271. The Department of Education Organiza-
tion Act is amended—
(1) in section 414, by striking out ‘‘(a)’’ and
subsection (b);
(2) in section 417, by adding a new subsection
(d) to read as follows:
‘‘(d) The Secretary is authorized, with funds ex-
pressly appropriated for such purpose, to construct such
facilities as may be necessary to carry out functions of
the Secretary or the Department and to acquire and dis-
pose of such property.’’;
418
(3) in section 421, by inserting ‘‘and to accept
donations of services’’ after ‘‘personal’’; and
(4) by striking out section 427.
HIGHER EDUCATION ACT OF 1965
SEC. 272. Sections 432(d) and 482(c) of the Higher
Education Act of 1965 are repealed.
PART H—CONFORMING AMENDMENTS
CONFORMING AMENDMENTS TO OTHER ACTS
SEC. 281. (a) The Rehabilitation Act of 1973 is
amended—
(1) by repealing section 9; and
(2) in section 100, by striking out subsection
(d).
(b) Section 491(b) of the Higher Education Act of
1965 (20 U.S.C. 1001 et seq.) is amended by striking out
the last sentence thereof.
TITLE III—AMENDMENTS TO OTHER ACTS
PART A—AMENDMENTS TO THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT
ALLOCATIONS UNDER SECTION 611 OF THE IDEA
SEC. 311. (a) Section 611(a) of the Individuals with
Disabilities Education Act (hereafter in this title referred
to as the ‘‘IDEA’’) is amended—
(1) by amending paragraph (1) to read as fol-
lows:
419
‘‘(1) Except as provided in paragraph (5), the
maximum amount of the grant for which a State is
eligible under this section for any fiscal year is—
‘‘(A) the sum of—
‘‘(i) the number of children with dis-
abilities in the State, aged six through 21,
who are receiving special education and re-
lated services, as determined under para-
graph (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; multiplied by
‘‘(B) 40 percent of the average per-pupil
expenditure in public elementary and secondary
schools in the United States.’’;
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(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), by striking out ‘‘and the
State’’ and inserting in lieu thereof ‘‘or the
420
combined percentage of such children counted
by the Secretary for the purpose of making fis-
cal year 1994 allocations under this section and
under subpart 2 of part D of chapter 1 of title
I of the Elementary and Secondary Education
Act of 1965, whichever is greater, if the State’’;
(B) in clause (ii)—
(i) by striking out ‘‘and the State’’
and inserting in lieu thereof ‘‘or the com-
bined percentage of such children counted
by the Secretary for the purpose of making
fiscal year 1994 allocations under this sec-
tion and under subpart 2 of part D of
chapter 1 of title I of the Elementary and
Secondary Education Act of 1965, which-
ever 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) Section 611(b) of the IDEA is amended to read
as follows:
‘‘(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
421
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 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 that 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, the amount determined
under paragraph (1) for that State shall be reduced by
the same percentage by which the number of those chil-
dren so declined.’’.
(c) Section 611(c) of the IDEA is amended—
(1) by amending paragraph (1) to read as fol-
lows:
‘‘(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 accordance with paragraph (2); and
422
‘‘(B) except as provided in paragraph (4),
the State shall distribute at least 75 percent to
local educational agencies and intermediate edu-
cational units, in accordance with subsection
(d), for use in accordance with priorities estab-
lished 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 five percent of the funds
received under this section or $450,000,
whichever is greater, for administrative
costs related to carrying out sections 612
and 613; and
‘‘(ii) shall use the remainder—
‘‘(I) to provide support services
and direct services, subject to sub-
paragraph (B), in accordance with
priorities established under section
612(3); and
‘‘(II) for the administrative costs
of monitoring and complaint inves-
tigation, but only to the extent that
423
such costs exceed the costs of admin-
istration incurred during fiscal year
1985.’’.
(d) 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—
‘‘(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State agency 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
424
‘‘(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-operated or State-sup-
ported school or program assisted under such sub-
part receives, from the combination of such funds
and funds provided under paragraph (1), an amount
for each such child, aged 3 through 21, determined
under subsection (a)(3) for such agency, equal to the
per-child amount the agency received under such
subpart for fiscal year 1994.
‘‘(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.’’.
(e) Section 611(e)(1) of the IDEA is amended to read
as follows:
‘‘(1) The jurisdictions to which this subsection
applies are Guam, American Samoa, the Virgin Is-
lands, the Commonwealth of the Northern Mariana
Islands, and Palau (until the effective date of the
425
Compact of Free Association with the Government
of Palau).’’.
(f) 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.
‘‘(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).
426
‘‘(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 ex-
pend.
‘‘(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 those local educational agencies and inter-
mediate educational units that the State educational agen-
cy determines will need, and be able to use, additional
funds to carry out approved programs.’’.
TREATMENT OF CHAPTER 1 STATE AGENCIES
SEC. 312. 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-
427
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 operates or supports a program
or school for children with disabilities with funds under
this part—
‘‘(1) provides each child with a disability in that
school or program a free appropriate public edu-
cation 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 those 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.’’.
INFANTS AND TODDLERS WITH DISABILITIES
SEC. 313. (a) Section 684(c) of the IDEA is amend-
ed—
(1) by redesignating paragraph (2) as para-
graph (5); and
(2) by striking out paragraph (1) and inserting
in lieu thereof paragraphs (1) through (4) to read
as follows:
428
‘‘(1) Except as provided in paragraphs (3) and
(4), from the funds remaining for each fiscal year
after the reservation and payments under sub-
sections (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 in-
fants 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 de-
scribed in paragraph (1) among the States in pro-
portion to their relative numbers of infants and tod-
dlers with disabilities who—
‘‘(A) are counted on December 1, 1994;
and
‘‘(B) would have been eligible to be count-
ed under section 1221(c)(1) of the Elementary
and Secondary Education Act of 1965 as in ef-
fect before the enactment of the Improving
America’s Schools Act of 1993.
‘‘(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 remain-
ing amount described in paragraph (1), not in-
429
cluding 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 re-
ceived 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 Edu-
cation Act of 1965 for children with disabilities
from birth through age two.
‘‘(B) If, for fiscal year 1998 or 1999, the num-
ber of infants and toddlers in any State, as deter-
mined under paragraph (1), is less than the number
of infants and toddlers so determined for fiscal year
1994, the amount determined under subparagraph
(A) for that State shall be reduced by the same per-
centage by which the number of those infants and
toddlers so declined.’’.
(b) The amendments made by subsection (a) shall
take effect beginning with fiscal year 1995.
430
PART B—AMENDMENTS TO THESTEWART B. MCKINNEY
HOMELESS ASSISTANCE ACT
STATE LITERACY INITIATIVES
SEC. 321. Section 702 of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 et seq.; herein-
after in this title referred to as ‘‘the Act’’) is amended
to read as follows:
‘‘STATE LITERACY INITIATIVES
‘‘SEC. 702. (a) GENERAL AUTHORITY.—(1) The Sec-
retary of Education is authorized to make grants to State
educational agencies to enable each such agency to imple-
ment, either directly or through contracts and grants, a
program of literacy training and academic remediation for
adult homeless individuals within the State, which pro-
gram 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.
431
‘‘(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
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.—(1) For
the purpose of carrying out the adult literacy and aca-
demic remediation programs authorized by this section,
there are authorized to be appropriated such sums as may
be necessary 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
432
of the Compact of Free Association with the Government
of Palau).’’.
EDUCATION FOR HOMELESS CHILDREN AND YOUTH
Sec. 322. Subtitle B of title VII of the Act is amend-
ed to read as follows:
‘‘SUBTITLE B—EDUCATION FOR HOMELESS CHILDREN
AND YOUTH
‘‘STATEMENT OF POLICY
‘‘SEC. 721. 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;
433
‘‘(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.
‘‘GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH
‘‘SEC. 722. (a) GENERAL AUTHORITY.—The Sec-
retary is, in accordance with the provisions of this section,
authorized to make grants to States to carry out the ac-
tivities 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-
priated in each such year as the amount allocated under
section 1122 of the Elementary and Secondary Education
434
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-
ment shall set forth the plans of the Secretary of the Inte-
435
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) MANDATED 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-
436
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-
437
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 his or her responsibilities
under this subtitle;
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‘‘(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; 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—
439
‘‘(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 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);
‘‘(F) address other problems with respect to the
education of homeless children and youth, including
problems caused by—
440
‘‘(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 educational
agency and local educational 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).
441
‘‘(3)(A) The local educational agency of each home-
less 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 school that
nonhomeless students who live in the attendance
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 the local
educational agency has a compelling reason for not com-
plying with the 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.
442
‘‘(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
homeless parents or has been temporarily placed elsewhere
by the parents.
‘‘(4) Each homeless child or youth shall be provided
services comparable to services offered to other students
in the school selected according to the provisions of para-
graph (3), including—
‘‘(A) transportation services, except as required
by paragraph (9);
‘‘(B) educational services for which the child or
youth meets the eligibility criteria, such as services
provided under title I of the Elementary and Sec-
ondary Education Act of 1965 or similar State or
local programs, educational programs for children
with disabilities, and educational programs for stu-
dents with limited English proficiency;
‘‘(C) programs in vocational education;
‘‘(D) programs for gifted and talented students;
and
‘‘(E) school meals programs.
‘‘(5) Any record ordinarily kept by the school, includ-
ing immunization records, academic records, birth certifi-
cates, guardianship records, and evaluations for special
443
services or programs, of each homeless child or youth shall
be maintained—
‘‘(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.
‘‘(7)(A) Each local educational agency in which
homeless children or youth live or attend school in a State
that receives a grant under this subtitle shall designate
a homelessness liaison to ensure that—
‘‘(i) homeless children and youth enroll and suc-
ceed in the schools of that agency; and
‘‘(ii) homeless families, children, and youth re-
ceive educational services for which they are eligible,
including preschool programs, 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
444
advocates working with homeless families of the duties of
the liaisons.
‘‘(8) Each State educational agency and local edu-
cational 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 para-
graph (3). In reviewing and revising such policies, consid-
eration shall be given to issues concerning transportation,
immunization, residency, birth certificates, school records,
and other documentation, and guardianship. Special at-
tention shall be given to ensuring the enrollment and at-
tendance of homeless children and youth who are not cur-
rently attending school.
‘‘(9) Each plan adopted under this subsection shall—
‘‘(A) demonstrate that transportation, to the
extent possible, will be provided at no cost to home-
less children and youth attending the school in which
they are enrolled; and
‘‘(B) contain procedures for resolving disputes
between local educational agencies or within a local
educational agency concerning transportation costs
for such children and youth.
‘‘LOCAL EDUCATIONAL AGENCY GRANTS FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH
‘‘SEC. 723. (a) GENERAL AUTHORITY.—(1) The
State educational agency shall, in accordance with section
445
722(e) and with amounts made available to such agency
under section 726, make grants to local educational agen-
cies for the purpose of facilitating the enrollment, attend-
ance, 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 on school grounds, such services may
also be made available to children and youth who are de-
termined by the local educational agency to be at risk of
failing in, or dropping out of, schools, except that priority
for such services shall be given to homeless children and
youth. To the maximum extent practicable, services shall
be provided through existing programs and mechanisms
that integrate homeless individuals with nonhomeless indi-
viduals.
‘‘(3) Services provided under this section shall be de-
signed 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-
446
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 that agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second preceding
fiscal year;
‘‘(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
447
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.
448
‘‘(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 supple-
mentary educational services that are linked to the
achievement of the same challenging standards the
State establishes for other children 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
youth under this Act, and the specific educational
needs of runaway and homeless youth;
449
‘‘(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
and summer programs for homeless children and
youth in which a teacher or other qualified individ-
ual provides tutoring, homework assistance, and su-
pervision 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,
guardianship records, and evaluations for special
programs or services;
450
‘‘(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;
‘‘(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
undersubsection (a)(2) to provide services under this
subsection;
‘‘(N) the provision of school supplies to be dis-
tributed at shelters or temporary housing facilities;
and
‘‘(O) the provision of other extraordinary or
emergency assistance needed to enable homeless chil-
dren and youth to attend school.
‘‘SECRETARIAL RESPONSIBILITIES
‘‘SEC. 724. (a) REVIEW OF PLANS.—In reviewing the
State plans submitted by the State educational agencies
451
under section 722(g), the Secretary shall use a peer review
process 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) REPORTS.—The Secretary shall prepare and
submit a report to Congress on the programs and activi-
ties authorized by this subtitle by December 31, 1997, and
every third year thereafter.
‘‘DEFINITIONS
‘‘SEC. 725. For the purpose of this subtitle, the fol-
lowing terms have the following meanings.
‘‘(1) The term ’Secretary’ means the Secretary
of Education.
452
‘‘(2) The term ’State’ means each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 726. For the purpose of carrying out this sub-
title, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1995
through 1999.’’.
PART C—REPEAL OF IMPACT AID STATUTES
REPEAL OF IMPACT AID STATUTES
SEC. 331. Public Laws 81–815 and 81–874 are re-
pealed.
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