I
103D CONGRESS
1ST SESSION
H. R. 92
To improve education for all students by restructuring the education system
in the States.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. KILDEE introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To improve education for all students by restructuring the
education system in the States.
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 ‘‘Neighborhood Schools
Improvement Act’’.
TITLE I—COMPREHENSIVE
RESTRUCTURING
SECTION 101. COMPREHENSIVE RESTRUCTURING.
The Elementary and Secondary Education Act of
1965 (20 U.S.C. 2701 et seq.) is amended—
(1) by redesignating sections 8001 through
8005 as 10001 through 10005; and
(2) by inserting after title VII the following:
‘‘TITLE VIII—RESTRUCTURING
PROGRAM
‘‘PART A—NATIONAL EDUCATION STANDARDS
AND ASSESSMENT
‘‘SECTION 8001. SHORT TITLE.
‘‘This part may be cited as the ‘National Education
Standards and Assessment Act of 1993’.
‘‘SEC. 8002. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) the establishment of voluntary national
standards is an important, complex, and sensitive
task and any coordinating structure for this purpose
must be bipartisan, engage government at all levels,
and involve the many constituencies that have an es-
tablished interest in improving education;
‘‘(2) much work in the area of developing
standards has already begun and the national effort
should benefit from and not attempt to duplicate
quality efforts proposed by existing Federal and non-
Federal entities; and
‘‘(3) a coordinating structure should maintain
the tradition of State and local authority over edu-
cation and become part of a cooperative national ef-
fort.
‘‘(b) PURPOSES.—The purposes of this part are
‘‘(1) to advance the establishment of voluntary
national education content standards and to raise
the academic performance of students and schools
throughout the Nation; and
‘‘(2) to provide funds for the development of
voluntary national school delivery standards and for
further research and development on assessment to
measure the progress of the Nation in meeting na-
tional education goals and standards.
‘‘SEC. 8003. NATIONAL EDUCATION GOALS PANEL.
‘‘(a) ESTABLISHMENT.—There is established a Na-
tional Education Goals Panel (referred to in this part as
the ‘Panel’).
‘‘(b) COMPOSITION.—
‘‘(1) IN GENERAL.—The Panel shall be com-
posed of 18 members (referred to in this part as
‘members’), including—
‘‘(A) two members appointed by the Presi-
dent;
‘‘(B) eight members who are Governors,
three of whom shall be from the same political
party as the President and five of whom shall
be of the opposite political party of the Presi-
dent, appointed by the Chairperson and Vice
Chairperson of the National Governors’ Asso-
ciation, with each appointing representatives of
his respective political party, in consultation
with each other and in accordance with para-
graph (2); and
‘‘(C) four Members of Congress appointed
as follows:
‘‘(i) One member appointed by the
majority leader of the Senate from among
the Members of the Senate.
‘‘(ii) One member appointed by the
minority leader of the Senate from among
the Members of the Senate.
‘‘(iii) One member appointed by the
majority leader of the House of Represent-
atives from among the Members of the
House of Representatives.
‘‘(iv) One member appointed by the
minority leader of the House of Represent-
atives from among the Members of the
House of Representatives.
‘‘(D) four members of State legislatures
appointed by the President of the National Con-
ference of State Legislatures, of which not more
than two of whom may be of the same political
party as the President of the United States.
‘‘(2) SPECIAL APPOINTMENT RULES.—(A) The
members appointed pursuant to paragraph (1)(B)
shall be appointed as follows:
‘‘(i) If the Chairperson of the National
Governors’ Association is from the same politi-
cal party as the President, the Chairperson
shall appoint 3 individuals pursuant to such
paragraph and the Vice Chairperson shall ap-
point 5 individuals pursuant to such paragraph.
‘‘(ii) If the Chairperson of the National
Governors’ Association is from the opposite po-
litical party as the President, the Chairperson
shall appoint 5 individuals pursuant to such
paragraph and the Vice Chairperson shall ap-
point 3 individuals pursuant to such paragraph.
‘‘(B) If the National Governors’ Association has
appointed a panel that meets the requirements of
this subsection prior to the date of enactment of this
title, then the members serving on such panel shall
be deemed to be in compliance with the provisions
of this subsection and shall not be required to be
reappointed pursuant to this subsection.
‘‘(c) TERMS.—The terms of service of members shall
be as follows:
‘‘(1) EXECUTIVE BRANCH.—Members appointed
under paragraph (1)(A) shall serve at the pleasure
of the President.
‘‘(2) GOVERNORS.—Members appointed under
paragraph (1)(B) shall serve a two-year term, except
that the initial appointments under such paragraph
shall be made to ensure staggered terms with one-
half of such terms of members concluding every two
years.
‘‘(3) MEMBERS OF LEGISLATURES.—Members
appointed under subparagraphs (C) and (D) of
paragraph (1) shall serve a term of two years.
‘‘(d) INITIATION.—The Panel may begin to carry out
the duties of the Panel under this part when ten members
of the Panel have been appointed.
‘‘(e) DATE OF APPOINTMENT.—The initial members
shall be appointed not later than 60 days after the date
of enactment of this title.
‘‘(f) VACANCIES.—A vacancy on the Panel shall not
affect the powers of the Panel, but shall be filled in the
same manner as the original appointment.
‘‘(g) TRAVEL.—Each member shall be allowed travel
expenses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance
of duties away from the home or regular place of business
of the member.
‘‘(h) CHAIRPERSON SELECTION.—
‘‘(1) INITIAL
SELECTION.—The members ap-
pointed under subsection (b)(2) shall select a Chair-
person from among such members, except that after
the expiration of the term of the member selected
under this paragraph to serve as Chairperson as of
October 1, 1993, or upon the termination of the ten-
ure of such Chairperson, whichever is earlier, a ma-
jority of the members of the Council shall select the
Chairperson from among the members.
‘‘(2) CONTINGENT SELECTION.—If no individ-
ual described in paragraph (1) assumes the position
of Chairperson of the Council 60 days after the date
of the enactment of this title, a majority of the
members shall select a Chairperson from among the
members.
‘‘SEC. 8004. FUNCTIONS.
‘‘(a) FUNCTIONS.—The Panel shall accomplish the
following:
‘‘(1) INTERACTIVE
PROCESS.—Establish an
interactive process for the development of voluntary
national content standards and voluntary national
school delivery standards which, to the greatest ex-
tent feasible, reflect the comments and recommenda-
tions of educators and other knowledgeable individ-
uals across the Nation.
‘‘(2) RECOMMENDATIONS.—Make recommenda-
tions to the Secretary regarding the selection of
groups and organizations for grants to develop vol-
untary national content standards, voluntary na-
tional school delivery standards, and model assess-
ments of the national content standards for mathe-
matics.
‘‘(3) CERTIFICATION.—Certify, after review by
the technical review committee established under
section 8005, the voluntary national standards sub-
mitted by the groups under sections 8011(c) and
8012(c).
‘‘(4) EVALUATION.—Propose the indicators to
be used to measure the national education goals and
report progress in achieving such goals, the baselines
and benchmarks against which progress may be
evaluated, and the format for an annual report card
to the Nation under section 8006.
‘‘(5) MEASUREMENT.—Select interim and final
measures and appropriate indicators in each goal
area.
‘‘(6) DATA.—Assure, through requirements for
State reports, that data on student achievement is
reported in the context of other relevant information
about student, school, and system performance.
‘‘(7) REPORT CARD.—Issue an annual report
card that—
‘‘(A) reports on the Federal actions taken
to fulfill responsibilities to education;
‘‘(B) identifies gaps in existing educational
data;
‘‘(C) recommends improvements in the
methods and procedures for assessments; and
‘‘(D) proposes changes in national and
international measurement systems.
‘‘(b) PERFORMANCE
OF FUNCTIONS.—In carrying
out its responsibilities, the Panel shall operate on the prin-
ciple of consensus.
‘‘(c) DATA COLLECTION.—The Panel shall make ar-
rangements with any appropriate entity to generate or col-
lect such data as may be necessary to appropriately assess
progress toward meeting the national education goals.
‘‘SEC. 8005. REVIEW COMMITTEE.
‘‘(a) COMMITTEE ESTABLISHED.—
‘‘(1) COMMITTEE
MEMBERSHIP.—The Panel
shall establish a technical review committee (referred
to in this part as the ‘Committee’) of not more than
16 members who shall advise and assist the Panel
in carrying out its functions under section 8004(a).
‘‘(2) PUBLIC NOMINATION.—In appointing indi-
viduals to serve on the committee, the Panel shall
solicit and consider nominations made by the public.
‘‘(3) COMMITTEE COMPOSITION.—The commit-
tee shall be composed of—
‘‘(A) 8 educators, including individuals
with expertise regarding standards and assess-
ment; and
‘‘(B) 8 members of the public, including
individuals who represent parents, business,
civil rights advocates, child advocates, and State
and local public officials.
‘‘(b) COMMITTEE REVIEW.—
‘‘(1) REVIEW OF STANDARDS.—After the devel-
opment of each set of voluntary national content
standards under section 8011 and voluntary national
school delivery standards under section 8012, the
committee shall review such standards to determine
if such standards—
‘‘(A) are developed consistently with the
process established by the Panel under section
8004(a)(1);
‘‘(B) are sufficiently general to be adopted
by any State; and
‘‘(C) are of high quality.
‘‘(2) 
COMMITTEE
RECOMMENDATION.—The
committee shall report its determination to the
Panel regarding whether such standards should be
certified by the Panel.
‘‘SEC. 8006. ANNUAL REPORT CARD.
‘‘(a) IN GENERAL.—The Panel shall prepare and
submit to the President, the appropriate committees of
Congress, and the Governor of each State a national re-
port card, that shall include the following:
‘‘(1) ANALYSIS.—An analysis of the progress of
the United States toward achieving the national edu-
cation goals.
‘‘(2) COMMENTS
AND
RECOMMENDATIONS.—
Comments and recommendations of—
‘‘(A) Federal and State policymakers;
‘‘(B) experts on teaching and child devel-
opment;
‘‘(C) experts on measurements;
‘‘(D) experts on curriculum;
‘‘(E) experts on educational administra-
tion; and
‘‘(F) representatives of business.
‘‘(3) IDENTIFICATION
AND
IMPROVEMENT.—
Based on the findings of the Panel and an analysis
of the views and comments of all interested parties,
the Panel may identify continuing gaps in existing
educational data.
‘‘(b) CONTINUATION.—The Panel shall continue to
issue a national report card on an annual basis for the
duration of the existence of the Panel.
‘‘(c) FORMAT.—National report cards shall be pre-
sented in a form that is understandable to parents and
the general public.
‘‘(d) LIMITATION.—National report cards may not
include data using the achievement goals established
under section 406(i)(6)(A)(ii) of the General Education
Provisions Act unless such goals have been reviewed and
approved by the Commissioner of the National Center for
Education Statistics.
‘‘SEC. 8007. POWERS OF THE PANEL.
‘‘(a) HEARINGS.—
‘‘(1) IN GENERAL.—The Panel shall, for the
purpose of carrying out this part, conduct such hear-
ings, sit and act at such times and places, take such
testimony, and receive such evidence, as the Panel
considers appropriate.
‘‘(2) PUBLIC HEARINGS.—In carrying out this
part, the Panel shall conduct public hearings in dif-
ferent geographic areas of the country, both urban
and rural, to receive the reports, views, and analyses
of a broad spectrum of experts and the public re-
garding the functions of the Panel described in sec-
tion 8004(a).
‘‘(b) INFORMATION.—The Panel may secure directly
from any department or agency of the United States, in-
formation necessary to enable the Panel to carry out this
part. Upon request of the Chairperson of the Panel, the
head of a department or agency shall furnish such infor-
mation to the Panel to the extent permitted by law.
‘‘(c) POSTAL SERVICES.—The Panel may use the
United States mail in the same manner and under the
same conditions as other departments and agencies of the
United States.
‘‘(d) ADMINISTRATIVE
AND
SUPPORTIVE
SERV-
ICES.—The Secretary of Education shall provide to the
Panel, on a reimbursable basis, administrative support
services as the Panel may request.
‘‘SEC. 8008. ADMINISTRATIVE PROVISIONS.
‘‘(a) MEETINGS.—The Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Panel or a majority of its members.
‘‘(b) QUORUM.—A majority of the members shall con-
stitute a quorum for the transaction of business.
‘‘(c) VOTING.—No individual may vote or exercise
any of the powers of a member by proxy.
‘‘(d) FEDERAL ADVISORY COMMITTEE ACT.—Sec-
tions 10 and 11 of the Federal Advisory Committee Act
(5 U.S.C. App.) are the only sections of such Act that
shall apply with respect to the Panel and the technical
review committee.
‘‘SEC. 8009. DIRECTOR AND STAFF; EXPERTS AND CONSULT-
ANTS.
‘‘(a) DIRECTOR.—The Chairperson of the Panel
shall, without regard to the provisions of title 5, United
States Code, relating to the appointment and compensa-
tion of officers or employees of the United States, appoint
a Director to be paid at a rate not to exceed the rate of
basic pay payable for level V of the Executive Schedule.
‘‘(b) APPOINTMENT AND PAY OF EMPLOYEES.—
‘‘(1) EMPLOYEE ALLOCATION.—(A) The Chair-
person of the Panel may appoint not more than four
employees to serve as staff to the Panel without re-
gard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
‘‘(B) The employees appointed under paragraph
(1) may be paid without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of that
title relating to classification and General Schedule
pay rates, but shall not be paid a rate that exceeds
the maximum rate of basic pay payable for GS–15
of the General Schedule.
‘‘(2) ADDITIONAL
EMPLOYEES.—The Chair-
person of the Panel may appoint additional employ-
ees to serve as staff to the Panel consistent with the
provisions of title 5, United States Code.
‘‘(c) EXPERTS AND CONSULTANTS.—The Panel may
procure temporary and intermittent services of experts
and consultants under section 3019(b) of title 5, United
States Code.
‘‘(d) STAFF OF FEDERAL AGENCIES.—Upon the re-
quest of the Panel, the head of any department or agency
of the United States is authorized to detail, on a reimburs-
able basis, any of the personnel of that agency to the
Panel to assist the Panel in its duties under this part.
‘‘SEC. 8010. AUTHORITY FOR GRANT OR CONTRACT.
‘‘The Secretary shall make grants to provide for the
following:
‘‘(1) OPERATION.—The operation and activities
of the Panel.
‘‘(2) CONTENT
STANDARDS
DEVELOPMENT.—
The development of voluntary national content
standards.
‘‘(3) SCHOOL DELIVERY STANDARDS DEVELOP-
MENT.—The development of voluntary national
school delivery standards.
‘‘SEC. 8011. VOLUNTARY NATIONAL CONTENT STANDARDS.
‘‘(a) DEVELOPMENT OF VOLUNTARY NATIONAL CON-
TENT STANDARDS.—The Panel shall establish the process
by which voluntary national content standards shall be de-
veloped. Such process shall provide for several consecutive
drafts of standards which incorporate the comments and
recommendations of educators and other knowledgeable
individuals across the Nation.
‘‘(b) GRANTS FOR VOLUNTARY NATIONAL CONTENT
STANDARDS.—
‘‘(1) GRANT
RECOMMENDATIONS.—The Panel
shall make recommendations to the Secretary re-
garding the selection of groups and organizations
representing teachers and other practitioners in a
broad range of academic subject areas, including
mathematics, English, science, history, and geog-
raphy, to receive grants to develop content standards
in accordance with the process required under sub-
section (a).
‘‘(2) TIME AND CONDITIONS.—In making rec-
ommendations to the Secretary, the Panel shall pro-
pose time periods and other conditions for such
grants that will ensure that the process under sub-
section (a) can be followed.
‘‘(3) GRANT DENIAL.—The Secretary may de-
cline to make a grant only if such grant violates a
provision of law or the general administrative regula-
tions of the Department which govern the making of
grants.
‘‘(c) VOLUNTARY NATIONAL CONTENT STANDARDS
RATIFICATION.—Following the development of a set of
such standards, the developing organization shall organize
a meeting of its members, review the standards, and by
formal action ratify that such standards are of high qual-
ity and meet the following requirements:
‘‘(1) BEST EVIDENCE.—Such standards reflect
the best evidence available regarding the knowledge
and skills that students should acquire in the aca-
demic subject area of such standards.
‘‘(2) CHALLENGE.—Such standards are suffi-
ciently challenging to ensure that American students
receive instruction at world-class levels.
‘‘(d) VOLUNTARY NATIONAL CONTENT STANDARDS
CERTIFICATION.—
‘‘(1) PROCESS CONFORMANCE.—After ratifica-
tion of a set of standards under subsection (c), the
Panel shall review the process by which such stand-
ards were developed and consult with the Committee
established under section 8005 to determine and cer-
tify conformance with the process established under
subsection (a).
‘‘(2) CERTIFICATION REPORT.—The Panel shall
submit to the Congress, the President, and the pub-
lic a report regarding such certified content stand-
ards not later than December 31, 1994.
‘‘SEC. 8012. VOLUNTARY NATIONAL SCHOOL DELIVERY
STANDARDS.
‘‘(a) DEVELOPMENT
OF
VOLUNTARY
NATIONAL
SCHOOL DELIVERY STANDARDS.—The Panel shall estab-
lish the process by which voluntary national school delivery
standards shall be developed. Such process shall provide
for several consecutive drafts of standards which incor-
porate the comments and recommendations of educators
and other knowledgeable individuals across the Nation.
‘‘(b) GRANTS FOR VOLUNTARY NATIONAL SCHOOL
DELIVERY STANDARDS.—
‘‘(1) SELECTION.—The Panel shall make a rec-
ommendation to the Secretary regarding the selec-
tion of a consortium of individuals and organizations
to receive a grant to develop school delivery stand-
ards. To the extent possible, such consortium shall
include the participation of—
‘‘(A) Governors (except Governors serving
on the Panel);
‘‘(B) chief State school officers;
‘‘(C) teachers (especially teachers involved
in the development of content standards);
‘‘(D) principals;
‘‘(E) superintendents;
‘‘(F) State and local school board mem-
bers;
‘‘(G) parents;
‘‘(H) State legislators;
‘‘(I) representatives of businesses;
‘‘(J) representatives of regional accrediting
associations;
‘‘(K) representatives of federally funded
entities referred to in clauses (i) and (ii) of sec-
tion 405(d)(4)(A) of the General Education
Provisions Act; and
‘‘(L) civil rights groups and organizations
(including those associated with the rights of
individuals with disabilities).
‘‘(2) TIME AND CONDITIONS.—In making a rec-
ommendation to the Secretary, the Panel shall pro-
pose a time period and other conditions for such
grant that shall ensure that the process established
under subsection (a) may be followed.
‘‘(3) GRANT DENIAL.—The Secretary may de-
cline to make a grant only if such grant would vio-
late a provision of law or the general administrative
regulations of the Department which govern the
making of grants.
‘‘(c) VOLUNTARY
NATIONAL
SCHOOL
DELIVERY
STANDARDS RATIFICATION.—After developing such school
delivery standards, the consortium shall convene a meeting
to review and ratify that such standards meet the follow-
ing requirements:
‘‘(1) STATE
ADOPTION.—The standards are
sufficiently generic to be adopted for use in any
State without unduly restricting State and local pre-
rogatives regarding the instructional methods to be
employed.
‘‘(2) FAIR OPPORTUNITY.—The standards are
likely, if properly implemented, to ensure that each
student in a school has a fair opportunity to achieve
the knowledge and skills set out in the national con-
tent standards and the work force readiness stand-
ards under title IX.
‘‘(d) VOLUNTARY
NATIONAL
SCHOOL
DELIVERY
STANDARDS CERTIFICATION.—
‘‘(1) PROCESS CONFORMANCE.—After ratifica-
tion of a set of standards under subsection (c), the
Panel shall review the process by which such stand-
ards were developed and consult with the Committee
established under section 8005 to determine and cer-
tify that such standards are of high quality and that
they conform with the process established under sub-
section (a).
‘‘(2) CERTIFICATION REPORT.—The Panel shall
submit to the Congress, the President, and the pub-
lic a report containing such certified school delivery
standards not later than December 31, 1994.
‘‘SEC. 8013. GENERAL PROVISIONS RELATING TO STAND-
ARDS.
‘‘(a) CONTINUED REVIEW.—The Panel shall periodi-
cally (not more than once every 3 years) review voluntary
national content standards to determine whether such
standards continue to reflect the best evidence available
regarding what children should know.
‘‘(b) NO INFLUENCE.—Nothing in this part shall be
construed to permit the Secretary to prescribe or influence
the content of particular standards.
‘‘SEC. 8014. ASSESSMENT.
‘‘While taking into consideration the existing research
on assessment that the Office of Educational Research
and Improvement is addressing, the Panel shall make rec-
ommendations to the Secretary regarding such research
on authentic assessment which such Office should under-
take.
‘‘SEC. 8015. EVALUATION AND REPORTS.
‘‘(a) EVALUATION.—The Secretary shall, through the
National Academy of Sciences, conduct an evaluation and
issue reports that include the following:
‘‘(1) EVALUATION REPORT.—An evaluation of
the effectiveness of—
‘‘(A) school delivery standards described in
section 8012(c)(2);
‘‘(B) research on authentic assessment
conducted by the Office of Educational Re-
search and Improvement; and
‘‘(C) the model assessments for national
content standards for mathematics.
‘‘(2) 
RECOMMENDATIONS.—Recommendations
regarding the need for additional criteria to deter-
‘‘(2) the term ‘school delivery standards’ means
the criteria for, and means of assessing, the re-
sources, practices, and conditions necessary at each
level of the education system (schools, school dis-
tricts, and States) to provide all students with an
opportunity to learn the material in both the vol-
untary 
national 
content 
standards 
(and 
the
workforce readiness standards), such as—
‘‘(A) the quality and availability of the cur-
riculum, instructional materials and tech-
nologies, and facilities;
‘‘(B) the ability of teachers to provide
quality instruction;
‘‘(C) the availability of the best knowledge
about teaching, learning, and learners to teach-
ers and administrators;
‘‘(D) the relationship of assessments to
curricula; and
‘‘(E) the presence of policies and practices
that support desired student learning, including
achievement of the voluntary national content
standards by all students.
‘‘SEC. 8017. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION FOR PANEL.—There are au-
thorized to be appropriated $2,000,000 for each of the fis-
cal years 1993 through 1996 for grants to the National
Education Goals Panel established under section 8003 to
carry out its duties under this part.
‘‘(b) AUTHORIZATION FOR EVALUATIONS AND RE-
PORTS.—There are authorized to be appropriated
$2,000,000 for fiscal years 1993 through 1996 for the Na-
tional Academy of Sciences to carry out section 8015.
‘‘(c) AUTHORIZATION
FOR VOLUNTARY NATIONAL
CONTENT STANDARDS.—There are authorized to be ap-
propriated $10,000,000 for fiscal year 1993 and such
sums as may be necessary for each of the fiscal years 1994
through 1996 to carry out section 8011.
‘‘(d) AUTHORIZATION FOR VOLUNTARY NATIONAL
SCHOOL DELIVERY STANDARDS.—There are authorized
to be appropriated a total of $5,000,000 for the fiscal
years 1993 and 1994 to carry out section 8012.
‘‘PART B—NEIGHBORHOOD SCHOOLS
IMPROVEMENT
‘‘SEC. 8101. SHORT TITLE.
‘‘This part may be cited as the ‘Neighborhood
Schools Improvement Act’.
‘‘SEC. 8102. CONGRESSIONAL FINDINGS.
‘‘The Congress finds that—
‘‘(1) all students can learn and must realize
their potential if the United States is to prosper;
‘‘(2) the reforms in education of the last 15
years have achieved good results, but these efforts
often have been limited to a few schools or to a sin-
gle part of the educational system;
‘‘(3) additional pilot projects will have the same
limited effect as previous reforms and isolated
changes in policy will most likely have minimal im-
pact;
‘‘(4) strategies must be developed by States and
communities to support the revitalization of all local
schools by fundamentally changing the entire system
of education through comprehensive, coherent, and
coordinated improvement while recognizing the di-
verse cultural and language backgrounds and learn-
ing abilities of students;
‘‘(5) parents, teachers and other local edu-
cators, and community leaders must be involved in
developing system-wide reform strategies that reflect
the needs of their individual communities;
‘‘(6) States and local educational agencies,
working together, must immediately set about devel-
oping and implementing such system-wide reform
strategies if the Nation is to educate all children to
meet their full potential and achieve national goals;
‘‘(7) increasing funding for existing Federal
education programs at levels that will enable them to
fulfill their mission is a critical part of assisting
States and local educational agencies in their school
improvement efforts; and
‘‘(8) additional Federal funds should be tar-
geted to support State and local initiatives and to le-
verage State and local resources for designing and
implementing system-wide reform plans.
‘‘SEC. 8103. PURPOSE.
‘‘It is the purpose of this part to raise the quality
of education for all students by supporting a 10-year
broad based public effort to promote coherent and coordi-
nated changes in the system of education throughout the
Nation at the State and local levels without jeopardizing
funding for existing Federal education programs.
‘‘SEC. 8104. PROGRAM AUTHORIZED.
‘‘The Secretary is authorized, in accordance with the
provisions of this part, to make grants to State edu-
cational agencies to enable States and local educational
agencies to reform and improve the quality of education
throughout the Nation. Such grants shall be used to—
‘‘(1) develop innovative educational reform
plans, which include State achievement goals, a
means for developing or adopting high quality, chal-
lenging curricular frameworks and coordinated cur-
ricular materials, professional development strate-
gies, and assessments; and
‘‘(2) implement reforms and plans to improve
the education system at the State and local levels.
‘‘SEC. 8105. APPLICATION.
‘‘(a) IN GENERAL.—If a State desires to receive as-
sistance under this part, the State educational agency
shall submit an application to the Secretary at such time,
in such manner, and accompanied by such additional in-
formation as the Secretary may reasonably require. Such
application shall cover a 5-year period.
‘‘(b) CONSIDERATION OF APPLICATIONS.—Each such
application shall—
‘‘(1) contain satisfactory evidence that the
State educational agency has or will have authority,
by legislation if necessary, to implement the plan re-
quired under section 8106;
‘‘(2) provide an assurance that the State has a
strategy for ensuring broad participation in the
planning process, including parents, students, teach-
ers, principals, superintendents, local school board
members, representatives of businesses with an in-
terest in educational improvement, representatives of
rehabilitation organizations, representatives of the
employment and training network (including the vo-
cational education system), the deans of colleges of
education, representatives of community-based orga-
nizations, testing and curriculum experts, the direc-
tor of the State office responsible for teacher certifi-
cation, and the director of the State human services
agency, to establish the goals and to refine them in
the future, as well as participate in the development
of all other components of the plan;
‘‘(3) provide an assurance that the State will
notify the public (including individuals with limited
English proficiency), through print and electronic
media (and other accessible formats) and notice to
each local educational agency—
‘‘(A) that the State has made application
for funds under this part;
‘‘(B) of the purposes for which the funds
will be used; and
‘‘(C) that the State is developing a plan
under section 8106;
‘‘(4) provide an assurance that all students will
have equal access to the curricular frameworks, high
quality curricular materials, and well-qualified teach-
ers;
‘‘(5) describe actions taken and resources iden-
tified or committed to meet the requirements of this
title;
‘‘(6) provide an assurance that the applicant
will prepare and submit to the Secretary, annual
evaluations of and reports concerning the State pro-
gram; and
‘‘(7) provide an assurance that the State will
carry out the provisions of section 8106.
‘‘(c) APPROVAL.—The Secretary shall approve an ap-
plication and any amendment to the application if the ap-
plication or the amendment to such application meets the
requirements of this section and is of sufficient quality to
meet the objectives of this part. The Secretary shall not
finally disapprove an application or an amendment to such
application except after giving reasonable notice, technical
assistance, and an opportunity for a hearing.
‘‘(d) REAPPLICATION.—(1) A State educational agen-
cy may apply for assistance for a second 5-year period and
such application shall be approved by the Secretary if the
State—
‘‘(A) has met all of its reporting requirements;
and
‘‘(B) demonstrates that it has made reasonable
progress in carrying out its plan.
‘‘(2) The Secretary shall not finally disapprove an ap-
plication or an amendment to such application except after
giving reasonable notice, technical assistance, and an op-
portunity for a hearing.
‘‘SEC. 8106. DEVELOPMENT AND APPROVAL OF STATE
PLAN.
‘‘(a) ESTABLISHMENT OF PANEL.—Each State pro-
gram assisted under this title shall establish a panel to
develop a statewide reform plan. Such panel shall consist
of—
‘‘(1) the chief executive of the State (or des-
ignee);
‘‘(2) the presiding officers and the minority
leaders of the State legislature (or designees);
‘‘(3) the chief State school officer;
‘‘(4) the head of the office that coordinates
higher education programs in the State or, if there
is no such office, the head of the office designated
under section 2008 of the Dwight D. Eisenhower
Mathematics and Science Education Act (20 U.S.C.
2988) (or designee);
‘‘(5) except in the case of a State with a single
local educational agency, an individual nominated by
representatives of local educational agencies that
comprise between 5 to 10 percent of the local edu-
cational agencies in the State with the lowest aver-
age per pupil expenditures;
‘‘(6) an individual representing the State board
of education; and
‘‘(7) individuals nominated by State organiza-
tions representing each of the following:
‘‘(A) Teachers.
‘‘(B) School administrators.
‘‘(C) Local school boards.
‘‘(D) Parents.
‘‘(E) Businesses.
‘‘(F) Students.
‘‘(b) ADDITIONAL MEMBERS.—(1) The first meeting
of such panel shall be convened by the chief State school
officer. At such meeting, the panel members designated
and nominated in subsection (a) shall select additional
panel members, including—
‘‘(A) the chairpersons of the State legislative
committees with jurisdiction over education;
‘‘(B) director of the parent training and infor-
mation center (for children with disabilities);
‘‘(C) individuals reflecting the ethnic and racial
diversity of the general population of the State; and
‘‘(D) (except in the case of a State with a single
local educational agency) an individual nominated by
representatives of the 5 local educational agencies
with the highest number of students eligible for serv-
ices under part A of chapter 1 of title I of this Act.
‘‘(2) The membership of the panel shall—
‘‘(A) be geographically representative of all
areas of the State;
‘‘(B) reflect the racial and ethnic diversity of
the population of the State; and
‘‘(C) not exceed 25 in number.
‘‘(3) Following the selection of additional members,
the chief State school officer shall convene a meeting of
the full panel to establish procedures regarding the oper-
ation of subsequent meetings, including the designation of
a panel chairperson, consistent with applicable State law.
‘‘(c) DEVELOPMENT
OF STATE PLAN.—(1) The
panel shall develop a plan that—
‘‘(A) establishes State goals to maximize
achievement for all children in conjunction with na-
tional educational goals;
‘‘(B) establishes curricular frameworks in spe-
cific subject matter areas that incorporate the goals
established under subparagraph (A) consistent with
requirements of Federal law;
‘‘(C) provides for the adoption of school delivery
standards;
‘‘(D) provides for the development or adoption
of instructional materials to assist the implementa-
tion of the curricular frameworks;
‘‘(E) allocates resources to implement such a
system-wide reform plan;
‘‘(F) provides for the establishment or adoption
of a valid, reliable, and fair assessment system based
upon the curricular frameworks that is capable of
accurately measuring the skills and knowledge re-
quired to meet State goals;
‘‘(G) provides for professional development
strategies necessary for achieving the State goals;
‘‘(H) establishes a process for reviewing Fed-
eral, State, and local laws and regulations and for
recommending changes in such laws and regulations
to further state-wide reform;
‘‘(I) provides a process for selecting local edu-
cational agencies for participation in local system-
wide reform efforts;
‘‘(J) provides for the development of objective
criteria and measures against which the success of
local plans can be evaluated;
‘‘(K) provides for the ongoing evaluation of the
effectiveness of the State plan in closing the gap be-
tween high and under-achieving students to be as-
sessed using achievement and other measures such
as attendance, grade retention, and dropout rates;
‘‘(L) provides for the availability of curricular
frameworks, curricular materials, and professional
development in a manner ensuring equal access by
all local educational agencies in the State;
‘‘(M) provides for a thorough review of the
State’s school finance program, focusing on the ade-
quacy of, and disparities in, the financial resources
available to each local educational agency, and how
such disparity affects the ability of the State edu-
cational agency and local educational agencies to de-
velop and implement reform activities consistent
with this part;
‘‘(N) describes the steps the State educational
agency shall take to ensure that successful programs
and practices supported by subgrants awarded to
local educational agencies under this part shall be
disseminated to other local educational agencies in
the State;
‘‘(O) provides for the development of an ade-
quate research, training, and evaluation capacity
within the State to further the purposes of this part;
‘‘(P) describes methods of coordinating health,
rehabilitation, and social services with education
through State interagency cooperation and agree-
ments;
‘‘(Q) provide for the dissemination of informa-
tion on curricular frameworks and supportive serv-
ices for students with disabilities to enable such stu-
dents to participate;
‘‘(R) describes the steps the State educational
agency shall take to provide remedial assistance to
students, schools, and local educational agencies that
are identified through the assessment system under
subparagraph (E) as having a need for such assist-
ance; and
‘‘(S) provides for the development of a strategy
to coordinate the use and integration of technology
in schools throughout the State for the purposes of
instruction (including approaches such as live inter-
active distance learning), implementation of the
plan, and training of parents, teachers, and adminis-
trators.
‘‘(2) In developing the plan, the panel shall—
‘‘(A) emphasize outcome measures rather than
prescribe how the State and local educational agen-
cies should achieve such outcomes;
‘‘(B) review recent innovations by other States
and by national professional organizations with ex-
pertise in educational goals, curricula, and assess-
ment;
‘‘(C) review existing Federal education pro-
grams and how they can contribute to the State
plan; and
‘‘(D) ensure broad-based participation through
regular notice and dissemination of information to
the public (including individuals with limited English
proficiency) using print and electronic media and
other accessible formats.
‘‘(3) The panel in developing the plan, shall solicit
and consider the views and recommendations of persons
having knowledge of the needs of students with disabil-
ities, including parents, students, and special education
teachers and administrators.
‘‘(4) Following the development of the plan, the panel
shall seek public comment by—
‘‘(A) publishing the plan with a comment period
of at least 60 days, or
‘‘(B) notifying the public (including individuals
with limited English proficiency) through electronic
and print media (and other accessible formats) and
by conducting regional hearings.
After providing the public with an opportunity to comment
on the plan, the panel shall consider the public comments
and make appropriate changes.
‘‘(5) The plan shall be submitted to the State for re-
view and approval by the State educational agency, except
that any changes to such plan shall be made with the con-
currence of the panel. Prior to implementing the plan, the
State educational agency shall submit such plan to the
Secretary for approval. In the event that the State has
previously accomplished any of the reform activities re-
quired under this part in a specific subject area or set
of grade levels, the State is not required to include them
in the plan but shall include a request for a waiver, includ-
ing a description of such accomplishments.
‘‘(6)(A) The Secretary shall approve a State’s plan
if such plan—
‘‘(i) meets the requirements of this section; and
‘‘(ii) provides evidence that the State has, or
will have, the resources necessary to carry it out.
‘‘(B) The Secretary shall not finally disapprove a plan
or an amendment to such plan except after giving reason-
able notice, technical assistance, and an opportunity for
a hearing.
‘‘(d) REVIEW OF STATE PLAN.—The panel and the
State educational agency shall review on an ongoing basis,
the implementation of the State plan for the period during
which the State receives funding under this part. The re-
sults of such review shall be prepared in writing by the
panel and included by the State in its annual report to
the Secretary under section 8113(a).
‘‘SEC. 8107. STATE USES OF FUNDS.
‘‘(a) USES OF FUNDS.—Funds allotted by the Sec-
retary under section 8111(a)(2) and State and private
funds contributed to make up the total cost of a State
program as provided in section 8111(b) shall be used by
a State with an approved application for the—
‘‘(1) development and implementation of the
State plan, including the establishment of State
goals, curricular frameworks, school delivery stand-
ards, and assessment systems;
‘‘(2) activities of the panel (including the travel
expenses of the members of such panel);
‘‘(3) subgrants to local educational agencies;
‘‘(4) technical assistance (including dissemina-
tion of information) to local educational agencies to
assist in developing and carrying out their plans;
and
‘‘(5) evaluation, reporting, and data collection.
‘‘(b) LOCAL EDUCATIONAL AGENCIES.—In the first
year that a State receives an allotment under this part,
the State educational agency may make subgrants for the
purpose of developing local plans as provided in section
8108 consistent with section 8106(c)(1)(I). In the second
year, and in each succeeding year, from not less than 75
percent of the total cost of a State’s program, the State
educational agency shall make subgrants to local edu-
cational agencies which shall include—
‘‘(1) at least one subgrant to a local educational
agency in each congressional district; and
‘‘(2) a subgrant to the local educational agency
with the greatest number of disadvantaged children
in the State.
‘‘(c) SPECIAL PROVISION.—Funds available under
section 8111 shall be used to carry out the plan in a man-
ner which ensures that all children, especially those identi-
fied through the assessment process (using achievement
and other measures) as not achieving satisfactorily, are
afforded ample opportunity to reach individual, local,
State, and national goals.
‘‘SEC. 8108. DEVELOPMENT AND APPROVAL OF LOCAL
PLANS.
‘‘(a) LOCAL COMMITTEE.—(1) A local educational
agency which desires to receive a subgrant under this sec-
tion shall establish a committee comprised of—
‘‘(A) the chief elected officer of the unit of gen-
eral purpose local government with boundaries which
are most closely aligned with the geographic bound-
aries of the local educational agency (or a designee);
‘‘(B) the superintendent of the local educational
agency;
‘‘(C) a representative nominated by the local
school board;
‘‘(D) a representative nominated by a local
teacher association;
‘‘(E) the director of special education of the
local educational agency;
‘‘(F) a representative nominated by an influen-
tial business association with business members that
have an interest in educational improvement and op-
erate in a geographic area that is most closely
aligned with the local educational agency;
‘‘(G) a representative nominated by the parents
of children served by part A of chapter 1 of title I
of this Act; and
‘‘(H) the elected head of a district-wide student
organization, if one exists.
‘‘(2)(A) The first meeting of such committee shall be
convened by the superintendent to enable the committee
members designated and selected in paragraph (1) to se-
lect additional members including—
‘‘(i) parents of students in elementary, middle,
and secondary schools;
‘‘(ii) a representative nominated by parents of
children served under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.);
‘‘(iii) representatives of community-based orga-
nizations;
‘‘(iv) members of the general public with a
strong interest in education;
‘‘(v) principals;
‘‘(vi) teachers;
‘‘(vii) school counselors, psychologists, and so-
cial workers;
‘‘(viii) curriculum, testing, and evaluation su-
pervisors; and
‘‘(ix) a representative of a local higher edu-
cation institution.
‘‘(B) The total number of committee members may
not exceed 30 and shall reflect the racial and ethnic diver-
sity of the geographical area served by the local edu-
cational agency.
‘‘(3) Following the selection of the additional mem-
bers, the superintendent shall convene a meeting of the
full committee to establish procedures regarding the oper-
ation of subsequent meetings, including the designation of
a committee chairperson, consistent with applicable State
and local law.
‘‘(4) Each meeting of such committee shall be open
to the public and accessible to individuals with disabilities.
‘‘(5) The committee shall develop the local plan de-
scribed in subsection (b).
‘‘(6) A local educational agency which has established
a district-wide reform committee pursuant to State law
may add members and responsibilities to such committee
to satisfy the requirements of this section.
‘‘(b) LOCAL PLAN.—(1) As described in the State re-
form plan, and consistent with the recommendations of the
panel established under section 8106, the State shall make
subgrants to local educational agencies. Each subgrant
shall be of a sufficient amount to develop or implement
a locally developed plan which—
‘‘(A) is formally approved by the local edu-
cational agency;
‘‘(B) describes a process to ensure broad-based
community participation in the development of the
local plan, including parents, students, teachers,
principals, representatives of rehabilitation organiza-
tions, representatives of the employment and train-
ing network, representatives of local business asso-
ciations, and representatives of community-based or-
ganizations;
‘‘(C) provides assurance that the local edu-
cational agency shall provide for an ongoing evalua-
tion of the effectiveness of the plan in meeting State
and local goals, and that such agency will annually
review the local plan;
‘‘(D) proposes district-wide reform which in-
cludes—
‘‘(i) the setting of local goals;
‘‘(ii) a process to ensure that—
‘‘(I) curricular and instructional mate-
rials reflect State goals, State curricular
frameworks and local goals; and
‘‘(II) an assessment system is devel-
oped or adopted which is curriculum-based
and includes achievement and other indica-
tors that validly, fairly, and reliably meas-
ure progress of all students (including stu-
dents with limited English proficiency and
students with disabilities) toward meeting
State and local goals;
‘‘(iii) the provision of teacher and adminis-
trator training; and
‘‘(iv) a review and restructuring, if nec-
essary, of the administrative and staffing struc-
ture of the local educational agency and individ-
ual schools within such agency.
‘‘(E) describes how parents and secondary
school students are involved in the development, op-
eration, and evaluation of programs and activities
assisted under this part;
‘‘(F) provides for the availability of curricular
frameworks, curricular materials, and professional
development in a nondiscriminatory manner;
‘‘(G) provides for the ongoing evaluation of the
effectiveness of the local plan in closing the gap be-
tween high and under-achieving students using
achievement and other measures such as attendance,
grade retention, and dropout rates;
‘‘(H) reviews existing Federal education pro-
grams, including early childhood education pro-
grams, and how they contribute to the local plan;
‘‘(I) based on the recommendations of students,
teachers and principals, identifies and describes Fed-
eral, State, and local laws and regulations that may
impede the implementation of the plan, if any;
‘‘(J) describes the process that will be used to
ensure that the funds received will be used to the
maximum extent at the local school level;
‘‘(K) describes the steps the local educational
agency shall take to ensure that successful practices,
supported by assistance provided to schools under
this part shall be disseminated to other schools in
the local educational agency; and
‘‘(L) provides special attention to the needs of
minority students, including instructional programs
and activities that—
‘‘(i) reflect cultural awareness and multi-
cultural diversity;
‘‘(ii) encourage alternative learning styles;
and
‘‘(iii) encourage such students in elemen-
tary and secondary schools to aspire to enter
higher education programs.
‘‘(2) In making subgrants to local educational agen-
cies under this subsection, the State shall give priority
consideration to local plans which are broadly supported
within their communities as evidenced by—
‘‘(A) the comments of the local committee re-
quired under subsection (e)(2);
‘‘(B) the record of the hearings conducted by
local educational agencies under subsection (d)(2);
and
‘‘(C) letters and resolutions submitted by local
groups and organizations.
‘‘(c) ASSISTANCE
FOR
LOCAL
PLAN
DEVELOP-
MENT.—The State shall provide technical assistance in the
development of a local plan where necessary which—
‘‘(1)(A) is to be submitted by a local edu-
cational agency with a large number or percentage
of educationally disadvantaged students, students
who have dropped out of school, or students with
disabilities; or
‘‘(B) is to be submitted by a local educational
agency which demonstrates need for such assistance;
‘‘(2) promotes comprehensive, district-wide re-
form; and
‘‘(3) has the support of parents, teachers, busi-
nesses, and community-based service organizations.
‘‘(d) SUBMISSION OF LOCAL PLAN.—(1) The com-
mittee shall submit the plan to the local educational agen-
cy for review.
‘‘(2) Prior to consideration of the plan for approval,
the local educational agency, with proper public notice (in-
cluding notice in accessible formats), shall conduct public
meetings to:
‘‘(A) receive an explanation of all aspects of the
plan by the local committee;
‘‘(B) review and discuss the plan, including—
‘‘(i) whether it meets the requirements of
this section;
‘‘(ii) the revenue, resource, and budget im-
plications of the plan for the local educational
agency; and
‘‘(iii) the effect of the plan on staffing, or-
ganization, personnel policies, and collective
bargaining agreements of the local educational
agency;
‘‘(C) discuss possible modifications to the plan;
and
‘‘(D) solicit the views of other interested indi-
viduals, including the superintendent, principals,
teachers, other officials of the local educational
agency, parents, and students.
‘‘(e) CONSIDERATION OF LOCAL PLAN.—
‘‘(1) After the meetings required under sub-
section (d), the local educational agency, with proper
notice, shall convene a public meeting to consider
the local plan and shall—
‘‘(A) approve the plan with or without
modification;
‘‘(B) disapprove the plan; or
‘‘(C) return the plan to the committee for
further development.
‘‘(2) A local educational agency which approves
a local plan shall include the written comments of
the local committee prior to submitting such plan to
the State for consideration for a subgrant.
‘‘(3) Additional development, submission, and
consideration of the local plan shall be consistent
with the provisions of this section.
‘‘(f) ADDITIONAL SUBGRANT.—A local educational
agency may not receive an additional subgrant in a suc-
ceeding year unless such local educational agency dem-
onstrates reasonable progress in the implementation of its
local plan and, after its third year of funding under this
part, provides evidence of improved student achievement.
‘‘(g) REVIEW OF LOCAL PLAN.—(1) The committee
and the local educational agency shall review, on an ongo-
ing basis, the progress of the local educational agency in
implementing the local plan for the period during which
such agency receives funding under this part.
‘‘(2) The committee shall annually submit a written
progress report to the local educational agency, the State
panel established under section 8106, and the State edu-
cational agency. The local educational agency may submit
a separate report, including comments on the report sub-
mitted by the committee.
‘‘SEC. 8109. LOCAL USES OF FUNDS.
‘‘(a) DEVELOPMENT OF PLAN.—A local educational
agency which receives a subgrant under this part shall use
the funds for the purpose of district-wide reform, consist-
ent with the State and local plans. Authorized activities
may include—
‘‘(1) development and implementation of the
local plan;
‘‘(2) schools which reflect the best available
knowledge regarding teaching and learning for all
students in public schools, which use the highest
quality instructional materials and technologies, and
which are designed to meet national, State, and local
educational goals as well as the particular needs of
their students and communities;
‘‘(3) systems such as merit schools which re-
ward public schools with students who, taken as a
whole, demonstrate improved performance on cur-
riculum related outcome measures accepted by the
States or developed in the State assessment process;
‘‘(4) activities that supplement early childhood
education programs and increase the readiness of
young children to learn;
‘‘(5) site-based management which places maxi-
mum decisionmaking authority at the individual
school level and that, at a minimum, involves teach-
ers and other professional staff;
‘‘(6) activities which maximize parental involve-
ment in improving the education of their children;
‘‘(7) coordination of health, rehabilitation, and
social services with education;
‘‘(8) activities that provide incentives for higher
levels of student performance and lead to improved
student motivation and achievement;
‘‘(9) planning to improve the use of technology
(including instructional and assistive technology) in
schools;
‘‘(10) professional development activities of
teachers and local administrators;
‘‘(11) replication of successful education pro-
grams or components of such programs that will en-
able the local educational agency to attain the goals
of the State and local plans;
‘‘(12) provision of technical assistance to indi-
vidual schools to enable such schools to attain the
goals of the State and local plans;
‘‘(13) development or adoption, with substantial
involvement of principals, teachers, and other admin-
istrators, of curricula, instructional materials, and
assessment instruments which are consistent with
State frameworks and local goals;
‘‘(14) support initiatives of teachers related to
the State curricular frameworks, development and
implementation of the local plan, and innovative ap-
proaches to improving student achievement;
‘‘(15) support of initiatives similar to those au-
thorized under paragraph (14) by local school co-
operatives or consortia which are a part of an edu-
cational reform plans;
‘‘(16) demonstrating and evaluating the effec-
tiveness of improving teacher and student perform-
ance by reducing the numbers of students in class-
rooms; and
‘‘(17) improving the academic performance and
reducing the dropout rate of at-risk students
through the use of mentors.
‘‘(b) INVOLVEMENT
OF PRINCIPALS
AND TEACH-
ERS.—A local educational agency shall involve teachers
and school principals in the development, operation, and
evaluation of activities assisted by funds provided under
this part.
‘‘SEC. 8110. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $800,000,000 for the fiscal
year 1993, and such sums as may be necessary for the
fiscal years 1994 through 2002.
‘‘SEC. 8111. ALLOTMENT OF FUNDS.
‘‘(a) TO STATES.—(1) From funds appropriated
under section 8110, the Secretary shall allot to the Sec-
retary of the Interior for each fiscal year an amount equal
to 1⁄2 of 1 percent of the funds appropriated, not to exceed
$2,000,000 in any fiscal year, to benefit Indian students
enrolled in schools funded by the Department of the Inte-
rior for Indian students. The provisions of subsection (b)
of this section shall not apply to payments made under
this paragraph.
‘‘(2) From the remaining amount appropriated under
section 8110, the Secretary shall make annual grants to
States with approved applications based upon the formula
established in part A of chapter 1 of title I of this Act.
‘‘(3)(A) The Assistant Secretary of the Interior for
Indian Affairs shall reserve, from the allotment to carry
out this subsection, an amount not to exceed $500,000
to provide, through the National Academy of Sciences, for
an analysis of the costs associated with meeting the aca-
demic standards of the Bureau of Indian Affairs by each
school funded by such Bureau. The results of such analy-
sis shall be reported, in aggregate and school specific
form, to the chairpersons of the Committee on Education
and Labor of the House and the Select Committee on In-
dian Affairs of the Senate and to the Assistant Secretary
of the Interior for Indian Affairs not later than 6 months
following the date of enactment of this title.
‘‘(B) Such analysis shall evaluate the cost of provid-
ing a program in each school funded by the Bureau of
Indian Affairs during the academic year July 1, 1993,
through June 30, 1994, and shall be based on—
‘‘(i) the standards—
‘‘(I) published by such Bureau in the Fed-
eral Register and in effect for Bureau operated
schools on July 1, 1993, or
‘‘(II) incorporated within grant or contract
agreements in effect on such date for tribally
controlled schools funded by such Bureau
through the Student Equalization program
under section 1126 of Public Law 95–561, as
amended:
‘‘(ii) the best projections of student counts and
demographics, as independently determined by such
Academy; and
‘‘(iii) the pay and benefit schedules and other
personnel requirements for each such Bureau funded
school, in effect on July 1, 1993.
‘‘(b) MATCHING REQUIREMENT.—(1) The Federal
share under this part may not exceed—
‘‘(A) 100 percent of the total cost of a program
for the first year for which a State receives funds
under this part;
‘‘(B) 85 percent of the total cost of a program
for the second year for which a State receives funds
under this part;
‘‘(C) 60 percent of the total cost of a program
for the third year for which a State receives funds
under this part;
‘‘(D) 45 percent of the total cost of a program
for the fourth year for which a State receives funds
under this part; and
‘‘(E) 33 percent of the total cost of a program
for the fifth and any succeeding year for which a
State receives funds under this part.
‘‘(2) The remaining cost of a program that receives
assistance under this part shall be paid by the State from
State funds and may include contributions from the pri-
vate sector.
‘‘(3) The share of payments from sources other than
funds appropriated under this part may be in cash or in
kind fairly evaluated.
‘‘(4) The requirements of this subsection shall not
apply to the Virgin Islands, the Commonwealth of Puerto
Rico, or Pacific outlying areas.
‘‘(c) MAINTENANCE OF EFFORT.—A State is entitled
to receive its full allotment of funds under this section for
any fiscal year if the Secretary finds that either the com-
bined fiscal effort per student or the aggregate expendi-
tures within the State with respect to the provision of free
public education for the preceding fiscal year was not less
than 90 percent of such combined fiscal effort or aggre-
gate expenditures for the second preceding fiscal year.
‘‘(d) ADMINISTRATIVE COSTS.—From its annual al-
lotment, a State may reserve for administration (not to
include the activities of the panel) an amount not to ex-
ceed 4 percent or $250,000, whichever is greater.
‘‘(e) ASSURANCES AND TERMS.—(1) The funds allot-
ted to the Secretary of the Interior under subsection (a)(1)
shall be made in a payment which shall be pursuant to
an agreement between the Secretary and the Secretary of
the Interior containing such assurances and terms as the
Secretary determines will best achieve the purposes of this
part. The agreement shall contain an assurance that—
‘‘(A) a panel, as set forth in paragraph (2) of
this subsection, shall be established;
‘‘(B) a plan as required in section 8106 shall be
developed by such panel; and
‘‘(C) the provisions and activities required
under sections 8106 and 8107 shall be carried out
in the same time frames stipulated for the States in
those sections, provided that the term ‘local edu-
cational agencies’ shall be interpreted to mean
‘schools funded by the Bureau of Indian Affairs’.
‘‘(2) To carry out the provisions of this part, and to
develop the plan required under the agreement with the
Secretary required in paragraph (1), the Secretary of the
Interior shall establish a panel coordinated by the Assist-
ant Secretary of the Interior for Indian Affairs to develop
a system-wide reform plan. Such panel shall consist of—
‘‘(A) the Assistant Secretary of the Interior for
Indian Affairs (or designee);
‘‘(B) the chairpersons and ranking minority
members of the Committee on Education and Labor
of the House of Representatives and the Select Com-
mittee on Indian Affairs of the Senate (or their des-
ignees);
‘‘(C) the Director of the Office of Indian Edu-
cation Programs of the Bureau of Indian Affairs
and such heads of divisions in such office as the Di-
rector shall designate;
‘‘(D) a representative nominated by each of the
following—
‘‘(i) the organization representing the ma-
jority of teachers and professional personnel in
Bureau-operated schools;
‘‘(ii) the organization representing the ma-
jority of nonteaching personnel in Bureau-oper-
ated schools, if not the same organization as in
clause (i);
‘‘(iii) school administrators of Bureau-op-
erated schools;
‘‘(iv) education line officers located in Bu-
reau area or agency offices serving elementary
or secondary programs;
‘‘(v) the organization representing the ma-
jority of Bureau-funded contract or grants
schools not serving students on the Navajo res-
ervation;
‘‘(vi) the organization representing the ma-
jority of Bureau-funded contract or grants
schools serving students on the Navajo reserva-
tion;
‘‘(vii) the organization representing the
school boards required in Bureau-operated
schools, not serving students on the Navajo res-
ervation; and
‘‘(viii) the organization representing the
school boards required in Bureau-operated
schools, serving students on the Navajo reserva-
tion.
In addition, the members of the panel stipulated
above shall designate for full membership 3 tribal
chairmen (or designees) or representatives of 3 na-
tional organizations which primarily represent na-
tional Indian education concerns, or a combination
of these 2 classes, provided that the National Advi-
sory Council on Indian Education, established under
the Indian Education Act of 1972, (25 U.S.C. 2601
et seq.) shall not be included as an organization for
consideration under this provision.
‘‘SEC. 8112. AVAILABILITY OF INFORMATION AND TRAIN-
ING.
‘‘(a) INFORMATION AND TRAINING.—Proportionate
to the number of children in a State or in a local edu-
cational agency who are enrolled in private elementary or
secondary schools—
‘‘(1) a State educational agency or local edu-
cational agency which uses funds under this part to
develop goals, curricular frameworks, curricular ma-
terials, and assessments shall, upon request, make
information related to such goals, frameworks, mate-
rials, and assessments available to private schools;
and
‘‘(2) a State educational agency or local edu-
cational agency which uses funds under this part for
teacher and administrator training shall provide in
its plan for the training of teachers and administra-
tors of private schools located in the geographical
area served by such agency.
‘‘(b) WAIVER.—If, by reason of any provision of law,
a State or local educational agency is prohibited from pro-
viding for the equitable participation of teachers and ad-
ministrators from private schools in training programs as-
sisted with Federal funds provided under this part, or if
the Secretary determines that a State or local educational
agency has substantially failed or is unwilling to provide
for such participation, the Secretary shall waive such re-
quirements and shall arrange for the provision of training
consistent with State goals and curricular frameworks for
such teachers and administrators. Such waivers shall be
subject to consultation, withholding, notice, and judicial
review in accordance with section 1017 of this Act.
‘‘SEC. 8113. ANNUAL PROGRESS REPORTS: TECHNICAL AS-
SISTANCE.
‘‘(a) ANNUAL REPORT.—A State which receives
funds under this part shall annually report to the Sec-
retary—
‘‘(1) regarding such State’s progress in meeting
its goals and plans;
‘‘(2) describing proposed activities for the suc-
ceeding year; and
‘‘(3) describing Federal regulations which may
impede reform activities under this part as described
in local plans approved by the State.
‘‘(b) ADDITIONAL
REPORT; TECHNICAL
ASSIST-
ANCE.—(1) Each State which receives funds under this
part shall submit to the Secretary a biennial report on
revenues available to, and expenditures by, each local edu-
cational agency in the State during the second preceding
year. This report shall be developed in accordance with
data definitions developed and published by the National
Center for Education Statistics, and shall include at least
the following information for each local educational agency
within the State—
‘‘(A) sources of revenues, identified by level of
Government and type in the case of taxes;
‘‘(B) types of educational services offered;
‘‘(C) pupil enrollment, average daily attendance,
and average daily membership;
‘‘(D) demographic information on student popu-
lation;
‘‘(E) type and responsibilities of each local edu-
cational agency, including a description of grade lev-
els served; and
‘‘(F) age and condition of facilities, including
the percent of budget expended for maintenance and
operation.
‘‘(2) After submission of the first biennial report
under paragraph (1), a State, using data and definitions
developed by the National Center on Education Statistics,
shall include in each subsequent biennial report for each
local educational agency the following information:
‘‘(A) Tax assessment rates, policies, and prac-
tices.
‘‘(B) The ability of such local educational agen-
cy to raise additional revenues.
‘‘(C) The costs of providing elementary and sec-
ondary education services.
‘‘(3) The report required by this subsection shall also
contain a detailed description of the State’s school finance
programs including each program’s—
‘‘(A) purpose;
‘‘(B) eligibility criteria;
‘‘(C) sources of revenue;
‘‘(D) aggregate level of funding;
‘‘(E) mechanism or formula for distributing
funds among local educational agencies; and
‘‘(F) restrictions on use of funds.
‘‘(4) In developing data definitions under this sub-
section, the National Center for Education Statistics shall
consult with individuals knowledgeable in the field of edu-
cation finance.
‘‘(5) Each State shall make its first report to the Sec-
retary under this subsection not later than two years after
the date that the Secretary initially allots funds under sec-
tion 8111.
‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall
provide technical assistance, either directly by grant or by
contract, to the States to assist them in complying with
the requirements of this section.
‘‘(d) DATA REVIEW.—The National Center for Edu-
cation Statistics shall review the data from reports com-
piled under this section to determine adherence to the defi-
nitions required in subsection (b) before it is submitted
for policy analysis by the National Academy of Sciences
under subsection (c) of section 8114. The National Center
for Education Statistics shall forward to the Secretary and
the National Academy of Sciences any discrepancies it de-
termines between the data and the definitions and any cor-
rections necessary to achieve consistency in the data, par-
ticularly as it relates to differences in data of the various
States.
‘‘SEC. 8114. EVALUATION AND DISSEMINATION.
‘‘(a) EVALUATION.—The Secretary shall evaluate a
representative sample of such State and local reform ef-
forts over the course of the 10-year authorization in order
to assess the effectiveness of such plans and activities in
improving the educational performance of all children.
Such evaluations shall specifically examine the effects of
such activities on disadvantaged students. The Secretary
may reserve up to 3⁄4 of one percent of the appropriations
for this part to carry out this section provided that 1⁄2
of one percent of such appropriation shall be reserved for
technical assistance under section 8113(c) and for sub-
section (c) of this section.
‘‘(b) DISSEMINATION.—The Secretary shall, annually
and upon request, disseminate to the States information
on approaches and materials developed under this part or
through related efforts.
‘‘(c) CONTRACT FOR STATISTICAL, LEGAL, AND POL-
ICY ANALYSIS.—(1) The Secretary shall provide, through
a contract with the National Academy of Sciences, for the
preparation of a statistical, legal, and policy analysis of
school finance and related data reported by the States
under section 8113(b). Such analysis shall—
‘‘(A) address disparities in educational expendi-
tures and the reasons for such disparities among
local educational agencies in each State and among
States across the Nation; and
‘‘(B) describe the degree to which the data re-
ported by States under section 8113 was useful in
its preparation.
‘‘(2) In conducting such analysis, the National Acad-
emy of Sciences shall use statistical methods generally ac-
cepted by school finance specialists, and shall develop
model State school finance programs based on generally
accepted concepts of equalized school finance programs.
Such models shall take into consideration a variety of fac-
tors, including—
‘‘(A) State and local variations in student de-
mographics and needs, and the costs of meeting
such needs;
‘‘(B) adequacy of resources;
‘‘(C) ability and willingness of States and local
educational agencies to raise additional revenues;
and
‘‘(D) costs of providing educational services.
‘‘(3) Not later than three years following the date
that the Secretary makes the first allotment of funds to
States under section 8111, the National Academy of
Sciences shall provide a report containing the information
required by this subsection to the Chairpersons of the
Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Labor and Human Re-
sources of the Senate and to the Secretary. The Secretary
shall expeditiously make such report available to States
and, upon request, to the public.
‘‘(4) The Secretary, upon request, shall provide, ei-
ther directly or by contract, technical assistance to States
which endeavor to implement a model school finance pro-
gram developed by the National Academy of Sciences
under this subsection.
‘‘SEC. 8115. REPORT TO CONGRESS.
‘‘The Secretary shall submit annually to the chair-
persons of the Committee on Education and Labor of the
House of Representatives and the Committee on Labor
and Human Resources of the Senate a report that con-
tains—
‘‘(1) a description of the progress that States
receiving funds under this part have made in devel-
oping and implementing their plans;
‘‘(2) information from State and local reports
regarding requirements in Federal law or regulation
which have been identified by States and local edu-
cational agencies as impeding the system-wide re-
form of schools under this part; and
‘‘(3) a list by State of average per pupil expend-
itures reflecting the most recent data reported under
section 8113(b) and reviewed under section 8113(d).
‘‘SEC. 8116. GENERAL PROVISIONS.
‘‘Nothing in this part shall—
‘‘(1) supersede State law;
‘‘(2) be construed to authorize any department,
agency, officer, or employee of the Federal Govern-
ment to—
‘‘(A) exercise any control over the curricu-
lum, program of instruction, administration or
personnel of any educational institution or
school system; or
‘‘(B) prescribe the use of particular stand-
ards, assessments, or instructional materials;
‘‘(3) be construed to limit the rights or respon-
sibilities of any person under any Federal law; or
‘‘(4) be construed to prohibit a local educational
agency from receiving contributions from private or-
ganizations or individuals for the purpose of sup-
porting the development or implementation of its
local reform plan.
‘‘SEC. 8117. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘assessment system’ means a
system for measuring the abilities and academic
achievement of students that is based upon a set of
curricular frameworks and expected outcomes.
‘‘(2) The term ‘curricular framework’ means a
description, in a particular subject area, of the
knowledge and skills children should acquire.
‘‘(3) The term ‘Pacific outlying area’ means
American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the Republic of
Palau (until such time as the Compact of Free Asso-
ciation is ratified).
‘‘PART C—FLEXIBILITY DEMONSTRATION
PROGRAM
‘‘SEC. 8401. SHORT TITLE.
‘‘This part may be cited as the ‘Flexibility for Edu-
cational Effectiveness Act of 1993’.
‘‘SEC. 8402. FINDINGS AND PURPOSES.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) historically, Federal education programs
have addressed the Nation’s most pressing edu-
cational problems by providing categorical assistance
with various requirements relating to the use of
funds;
‘‘(2) while the approach described in paragraph
(1) has proven generally successful, some program
requirements may inadvertently impede educational
achievement;
‘‘(3) schools face increasingly diverse popu-
lations of disadvantaged students due to the influx
of many immigrant children, the growth in poverty
among children, and changes in the family structure;
‘‘(4) schools are asked not only to educate such
increasingly diverse student populations, but to meet
disadvantaged students’ needs for social, health, and
nutritional services;