(4) providing for periodic assessments of the ex-
tent to which opportunity-to-learn standards are
being met throughout the State; and
(5) periodically reporting to the public on the
extent of the State’s improvement in achieving such
standards and providing all students with a fair op-
portunity to achieve the knowledge and skill levels
that meet the State’s content and student perform-
ance standards.
(e) GOVERNANCE AND MANAGEMENT.—Each State
plan shall establish strategies for improved governance
and management of its education system, such as—
(1) aligning responsibility, authority, and ac-
countability throughout the education system, so
that decisions regarding content and student per-
formance standards are coordinated and decisions
regarding the means for achieving such standards
are made closest to the learners;
(2) creating an integrated and coherent ap-
proach to attracting, recruiting, preparing and li-
censing, appraising, rewarding, retaining, and sup-
porting the continued professional development of
teachers (including vocational teachers), administra-
tors, and other educators, including bilingual edu-
cators and special education providers, so that there
is a highly talented workforce of professional edu-
cators capable of preparing all students to reach
challenging standards, with special attention to the
recruitment, training, and retention of qualified mi-
norities into the education profession within the
State to ensure that the profession reflects the racial
and ethnic diversity of the student population;
(3) providing incentives for high performance,
such as—
(A) working with employers and institu-
tions of higher education to devise strategies to
reward student achievement;
(B) incentives for classroom teachers, prin-
cipals, and other professional educators to par-
ticipate in professional development activities;
and
(C) school-based incentives for schools and
local educational agencies to improve student
performance;
(4) increasing the proportion of State and local
funds allocated to direct instructional purposes; and
(5) increasing flexibility for local educational
agencies and schools by, for example—
(A) waiving State regulations and other re-
quirements that impede educational improve-
ment;
(B) focusing accountability on educational
outcomes rather than monitoring compliance
with input requirements; and
(C) fostering conditions that allow teach-
ers, principals, and parents in the school com-
munity to be creative in helping all students
meet challenging standards.
(f) PARENTAL AND COMMUNITY SUPPORT AND IN-
VOLVEMENT.—Each State plan shall describe strategies
for how the State will involve parents and other commu-
nity members in planning, designing, and implementing
its plan, including such strategies as—
(1) educating the public about the need for
higher standards, systemic improvement, and aware-
ness of diverse learning needs;
(2) involving parents, communities, and advo-
cacy groups in the standard-setting and improve-
ment process;
(3) linking the family and school in supporting
students to meet the challenging student content
and performance standards established;
(4) reporting, on an ongoing basis, to parents,
educators, and the public on the progress in imple-
menting the plan and improving student perform-
ance;
(5) focusing public and private community re-
sources and public school resources on prevention
and early intervention to address the needs of all
students by—
(A) identifying and removing unnecessary
regulations and obstacles to coordination;
(B) improving communication and infor-
mation exchange; and
(C) providing appropriate training to agen-
cy personnel; and
(6) increasing the access of all students to so-
cial services, health care, nutrition, related services,
and child care services, and locating such services in
schools, cooperating service agencies, community-
based centers, or other convenient sites designed to
provide ‘‘one-stop shopping’’ for parents and stu-
dents.
(g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—To
help provide all students throughout the State the oppor-
tunity to meet challenging State standards, each State
plan shall describe strategies such as—
(1) ensuring that the improvement efforts ex-
pand from the initial local educational agencies,
schools, and educators involved to all local edu-
cational agencies, schools, and educators in the
State education system through such approaches as
teacher and administrator professional development,
technical assistance, whole school projects, intensive
summer training, and networking of teachers and
other educators, consortia of schools, and local edu-
cational agencies undertaking similar improvements;
(2) developing partnerships among preschools,
elementary and secondary schools, institutions of
higher education, cultural institutions, health and
social service providers, and employers to improve
teaching and learning at all levels of the education
system for all students and to foster collaboration
and continuous improvement;
(3) strategies to provide for the close coordina-
tion of standards development and improvement ef-
forts among institutions of higher education and sec-
ondary, and elementary schools;
(4) conducting parental involvement activities
and outreach programs aimed at parents whose lan-
guage is a language other than English, individuals
with disabilities, and other special populations, in-
cluding American Indians, Alaskan Natives, and Na-
tive Hawaiians, to involve all segments of the com-
munity in the development of the State plan;
(5) developing partnerships with Indian tribes
and schools funded by the Bureau, where appro-
priate, to improve consistency and compatibility in
curriculum among public and such schools funded by
the Bureau at all grade levels;
(6) allocating all available local, State, and Fed-
eral resources to achieve system-wide improvement;
(7) providing for the development of objective
criteria and measures against which the success of
local plans will be evaluated;
(8) providing for the availability of curricular
materials, learning technologies, including distance
learning, and professional development in a manner
ensuring equal access by all local educational agen-
cies in the State;
(9) taking steps to ensure that all local edu-
cational agencies, schools, and educators in the
State benefit from successful programs and practices
supported by funds made available to local edu-
cational agencies and schools under this title; and
(10) providing assistance to students, teachers,
schools, and local educational agencies that are iden-
tified through the assessment system developed
under subsection (c)(5) as needing such assistance.
(h) PROMOTING BOTTOM-UP REFORM.—Each State
plan shall include strategies for ensuring that comprehen-
sive, systemic reform is promoted from the bottom up in
communities, local educational agencies, and schools, as
well as guided by coordination and facilitation from State
leaders, including strategies such as—
(1) ensuring that the State plan is responsive to
the needs and experiences of local educational agen-
cies, schools, teachers, the community, and parents;
(2) establishing mechanisms for continuous
input from local schools, communities, advocacy
groups, institutions of higher education, and local
educational agencies into, and feedback on, the im-
plementation of the State plan;
(3) providing discretionary resources that en-
able teachers and schools to purchase needed profes-
sional development and other forms of assistance
consistent with their improvement plan from high-
quality providers of their choice;
(4) establishing collaborative networks of teach-
ers centered on content standards and assessments
for the purpose of improving teaching and learning;
(5) providing flexibility to individual schools
and local educational agencies to enable them to
adapt and integrate State content standards into
courses of study appropriate for individual schools
and communities;
(6) facilitating the provision of waivers from
State rules and regulations that impede the ability
of local educational agencies or schools to carry out
local education improvement plans; and
(7) facilitating communication among educators
within and between local educational agencies for the
purpose of sharing innovative and effective practices,
including, through the use of telecommunications,
distance learning, site visits, and other means.
(i) COORDINATION
WITH SCHOOL-TO-WORK PRO-
GRAMS.—If a State has received Federal assistance for the
purpose of planing for, expanding, or establishing a
school-to-work program, then a State shall include in the
State plan a description of how such school-to-work pro-
gram will be incorporated into the school reform efforts
of the State. In particular, the State plan shall include
a description of how secondary schools will be modified
in order to provide career guidance, the integration of aca-
demic and vocational education, and work-based learning,
if such programs are proposed in the State’s school-to-
work plan.
(j) BENCHMARKS AND TIMELINES.—Each State plan
shall include specific benchmarks of improved student per-
formance and of progress in implementing the improve-
ment plan, and timelines against which the progress of
the State in carrying out its plan, including the elements
described in subsections (c) through (h), can be measured.
(k) COORDINATING STRATEGIES.—Each State plan
shall include strategies for coordinating the integration of
academic and vocational instruction pursuant to the Carl
D. Perkins Vocational and Applied Technology Education
Act.
(l) PROGRAM IMPROVEMENT
AND ACCOUNTABIL-
ITY.—Each State shall describe—
(1) how the State will monitor progress towards
implementing the State and local plans; and
(2) procedures the State will use to ensure
schools and school districts meet State opportunity-
to-learn and content standards within the estab-
lished time lines.
(m) PROHIBITION ON FEDERAL MANDATES, DIREC-
TION, AND CONTROL.—Nothing in this section shall be
construed to authorize an officer or employee of the Fed-
eral Government to mandate, direct, or control a State,
local educational agency, or school’s curriculum, program
of instruction, or allocation of State and local resources.
(n) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall review each State improvement
plan prepared under this section, and each application
submitted under section 305, with the assistance and ad-
vice of State and local education policymakers, educators,
classroom teachers, related services personnel, experts on
educational innovation and improvement, parents, advo-
cates for children with disabilities, representatives of other
advocacy groups, and other appropriate individuals. The
peer review process shall be performed by individuals rep-
resentative of the diversity of the United States with re-
gard to geography, race, ethnicity, gender, and disability.
The review of each State plan shall include at least one
site visit to each State.
(2) The Secretary shall approve a State’s plan when
the Secretary determines, after considering the peer re-
viewers’ comment, that it—
(A) reflects a widespread commitment within
the State;
(B) holds reasonable promise of enabling all
students to achieve at the high levels called for by
this Act;
(C) meets the requirements of subsections (a)
through (k); and
(D) allows local schools, local educational agen-
cies and communities the flexibility to implement
local improvement plans in a manner which reflects
local needs and requirements in order to promote a
‘bottom up’ system of school reform.
(3) The Secretary shall not decline to approve a
State’s plan, or any State application submitted under sec-
tion 305, before offering the State—
(A) an opportunity to revise its plan or applica-
tion; and
(B) a hearing.
(o) REGULAR REVIEW.—Each State plan shall in-
clude a process for regularly reviewing and updating any
State content, student performance, and opportunity-to-
learn standards and assessment systems.
(p) AMENDMENTS TO PLAN.—(1) Each State shall
periodically review its plan and revise it, as appropriate,
in accordance with the process described in subsection (b).
(2) The Secretary shall review major amendments to
a State’s plan through the same process, described in sub-
section (j), used to review the original plan.
(q) PREEXISTING STATE PLANS AND PANELS.—(1)
If a State has developed a comprehensive and systemic
improvement plan to help all students meet challenging
standards, or any component of such a plan, that other-
wise meets the requirements of this section, the Secretary
may approve such plan or component notwithstanding that
it was not developed in accordance with subsection (b),
if the Secretary determines that such approval would fur-
ther the purposes of State systemic education improve-
ment.
(2) If, before the enactment of this Act, a State has
made substantial progress in developing a plan that other-
wise meets, or is likely to meet, the requirements of this
section, but was developed by a panel that does not meet
the requirements of paragraphs (1), (2), and (3) of sub-
section (b), the Secretary may, at the request of the Gov-
ernor and the State educational agency, treat such panel
as meeting the requirements of this title if the Secretary
determines that there has been statewide involvement of
educators, parents, students, advocacy groups, other inter-
ested members of the public in the development of the
plan.
SEC. 307. SECRETARY’S REVIEW OF APPLICATIONS; PAY-
MENTS.
(a) FIRST YEAR.—The Secretary shall approve the
initial year application of a State educational agency
under section 305(b) if the Secretary determines that—
(1) such application meets the requirements of
this title; and
(2) there is a substantial likelihood that the re-
newal application of the State will be able to develop
and implement an education improvement plan that
complies with section 306.
(b) SECOND THROUGH FIFTH YEARS.—The Sec-
retary shall approve a renewal application of a State edu-
cational agency under section 305(c) for the second
through fifth years only if—
(1)(A) the Secretary has approved the State’s
improvement plan under section 306(l); or
(B) the Secretary determines that the State has
made substantial progress in developing such plan;
and
(2) such application meets the other require-
ments of this title.
(c) PAYMENTS.—For any fiscal year for which a
State has an approved application under this title, the Sec-
retary shall make a grant to the State educational agency
in the amount determined under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) FIRST YEAR.—In the first year for which a State
educational agency receives a grant under this title, the
State—
(1) shall use at least 75 percent of such funds
to make subgrants, in accordance with section
309(a), to local educational agencies for the develop-
ment or implementation of local improvement plans
and to make subgrants, in accordance with section
309(b), to improve educator preservice programs
and for professional development activities consistent
with the State plan, if the amount allocated to
States under section 304(b) for such year is at least
$50,000,000. The State may use such funds for
such subgrants if such amount is less than
$50,000,000; and
(2) shall use the remainder of such funds to de-
velop, revise, expand, or implement an education im-
provement plan described in section 306.
(b) SUCCEEDING YEARS.—A State that receives as-
sistance under this title for any year after the first year
of participation shall—
(1) use at least 90 percent of such assistance
in each succeeding year to make subgrants—
(A) to local educational agencies, in ac-
cordance with section 309(a), for the implemen-
tation of the State improvement plan and of
local improvement plans; and
(B) in accordance with section 309(b), to
improve educator preservice programs and for
professional development activities that are con-
sistent with the State improvement plan; and
(2) use the remainder of such assistance for
State activities designed to implement its improve-
ment plan, such as—
(A) supporting the development or adop-
tion of State content and student performance
standards, State opportunity-to-learn standards,
and assessments linked to the standards, in-
cluding through consortia of States, and in con-
junction with the National Education Standards
and Improvement Council established under
part B of title II of this Act;
(B) supporting the implementation of high-
performance management and organizational
strategies, such as site-based management,
shared decisionmaking, or quality management
principles, to promote effective implementation
of such plan;
(C) supporting the development and imple-
mentation, at the local educational agency and
school building level, of improved human re-
source development systems for recruiting, se-
lecting, mentoring, supporting, evaluating, and
rewarding educators;
(D) providing special attention to the
needs of minority, limited-English proficient,
disabled, and female students, including in-
structional programs and activities that encour-
age such students in elementary and secondary
schools to aspire to enter post secondary edu-
cation or training;
(E) supporting the development, at the
State or local level, of performance-based ac-
countability and incentive systems for schools;
(F) outreach related to education improve-
ment to parents, Indian tribal officials, class-
room teachers, related services personnel, and
other educators, and the public;
(G) providing technical assistance and
other services to increase the capacity of local
educational agencies and schools to develop and
implement local systemic improvement plans,
implement new assessments, and develop curric-
ula consistent with the content and student per-
formance standards of the State;
(H) promoting public magnet schools, pub-
lic ‘‘charter schools’’, and other mechanisms for
increasing choice among public schools; and
(I) collecting and analyzing data.
(c) LIMIT
ON ADMINISTRATIVE COSTS.—In each
year, a State may use not more than four percent of its
annual allotment under this title, or $100,000, whichever
is greater, for administrative expenses, not including the
activities of the panel established under section 306(b)(1).
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFES-
SIONAL DEVELOPMENT.
(a) SUBGRANTS
TO LOCAL EDUCATIONAL AGEN-
CIES.—(1)(A) Each State educational agency shall make
subgrants to local educational agencies (or consortia of
such agencies) consistent with subsections (a)(1) and
(b)(1)(A) of section 308 through a competitive process.
(B) In making such subgrants, the State educational
agency shall award not less than 1 subgrant in each fiscal
year to an urban local educational agency and not less
than 1 subgrant in each fiscal year to a rural local edu-
cational agency, except that this provision shall not apply
to the District of Columbia. Rural local educational agen-
cies may include or be represented as a fiscal agent by
an education service agency.
the operation of the panel, including the des-
ignation of the chairperson;
(B) includes a comprehensive local plan for dis-
trictwide education improvement, directed at ena-
bling all students to meet the challenging content
and student performance standards of the State, in-
cluding specific goals and benchmarks, consistent
with the State improvement plan (either approved or
under development) and includes a strategy for—
(i) 
implementing 
opportunity-to-learn
standards;
(ii) improving teaching and learning;
(iii) improving governance and manage-
ment;
(iv) generating and strengthening parental
and community involvement; and
(v) expanding improvements throughout
the local educational agency;
(C) promotes the flexibility of local schools in
developing plans which address the particular needs
of their school and community and are consistent
with the local plan;
(D) describes a process of broad-based commu-
nity participation in the development, implementa-
tion, and evaluation of the local plan;
(E) describes how the local educational agency
will encourage and assist schools to develop com-
prehensive school improvement plans that focus on
helping all students reach challenging content and
student performance standards and that address rel-
evant elements of the improvement plan of the local
educational agency identified in subparagraph (B);
(F) describes how the local educational agency
will implement specific programs aimed at ensuring
improvements in school readiness and the ability of
students to learn effectively at all grade levels by
identifying the most pressing needs facing students
and their families with regard to social services,
health care, nutrition, and child care, and by enter-
ing into partnerships with public and private agen-
cies to increase the access of students and families
to coordinated services in a school setting or at a
nearby site;
(G) describes how the subgrant will be used by
the local educational agency, and the procedures to
be used to make funds available to schools in accord-
ance with paragraph (6)(A);
(H) identifies, with an explanation, any State
or Federal requirements that the local educational
agency believes impede educational improvement and
that such local educational agency requests be
waived in accordance with section 311 (such re-
quests shall promptly be transmitted to the Sec-
retary by the State educational agency); and
(I) contains such other information as the State
educational agency may reasonably require.
(4) A local educational agency which has approved
a local plan shall submit such plan to the State for ap-
proval together with a description of modifications to such
plan and any comments from the local panel regarding
such plan.
(5) The panel appointed under paragraph (3)(A)
shall, after approval by the State educational agency of
the application of the local educational agency, monitor
the implementation and effectiveness of the local improve-
ment plan in close consultation with teachers, related serv-
ices personnel, principals, administrators, community
members, and parents from schools receiving funds under
this title, to determine if revisions to the local plan should
be recommended to the local educational agency. The
panel shall make public its findings.
(6)(A) A local educational agency that receives a
subgrant under this subsection shall—
(i) in the first year, use not more than 25 per-
cent of subgrant funds to develop a local improve-
ment plan or to implement any local educational ac-
tivities approved by the State educational agency
which are reasonably related to carrying out the
State or local improvement plans, and not less than
75 percent of such funds to support individual
school improvement initiatives directly related to
providing all students in the school the opportunity
to meet challenging State content and student per-
formance standards; and
(ii) in subsequent years, use subgrant funds for
any activities approved by the State educational
agency which are reasonably related to carrying out
the State or local improvement plans, except that at
least 85 percent of such funds shall be made avail-
able to individual schools to develop and implement
comprehensive school improvement plans which are
tailored to meet the needs of their particular student
populations and are designed to help all students
meet challenging State content standards.
(B) At least 50 percent of the funds made available
by a local educational agency to individual schools under
this section in any fiscal year shall be made available to
schools with a special need for such assistance, as indi-
cated by a high number or percentage of students from
low-income families, low student achievement, or other
similar criteria developed by the local educational agency.
(C) A local educational agency may not use more
than five percent of its annual allotment under this Act
for administrative expenses.
(7) The State educational agency shall give priority
in awarding a subgrant to—
(A) a consortium of local educational agencies;
or
(B) a local educational agency that makes as-
surances that funds will be used to assist a consor-
tium of schools that has developed a plan for school
improvement.
(b) SUBGRANTS FOR PRESERVICE TEACHER EDU-
CATION
AND
PROFESSIONAL
DEVELOPMENT
ACTIVI-
TIES.—(1)(A) Each State educational agency shall make
subgrants to consortia of local educational agencies, insti-
tutions of higher education, private nonprofit organiza-
tions, or combinations thereof, consistent with subsections
(a)(1) and (b)(1) of section 308 through a competitive,
peer-reviewed process to—
(i) improve preservice teacher education pro-
grams consistent with the State plan, including how
to work effectively with parents and the community;
and
(ii) support continuing, sustained professional
development activities for educators which will in-
crease student learning and are consistent with the
State plan.
(B)(i) In order to apply for a subgrant described in
subparagraph (A)(i), a consortium must include at least
one local educational agency and at least one institution
of higher education.
(ii) In order to apply for a subgrant described in sub-
paragraph (A)(ii), a consortium must include at least one
local educational agency.
(2) A consortium that wishes to receive a subgrant
under this subsection shall submit an application to the
State educational agency which—
(A) describes how the applicant will use the
subgrant to improve teacher preservice and school
administrator education programs or to implement
educator professional development activities consist-
ent with the State plan;
(B) identifies the criteria to be used by the ap-
plicant to judge improvements in preservice edu-
cation or the effects of professional development ac-
tivities consistent with the State plan; and
(C) contains any other information that the
State educational agency determines is appropriate.
(3) A recipient of a subgrant under this subsection
shall use the subgrant funds for activities supporting—
(A) the improvement of preservice teacher edu-
cation and school administrator programs so that
such programs equip educators with the subject
matter and pedagogical expertise necessary for pre-
paring all students to meet challenging standards; or
(B) the development and implementation of new
and improved forms of continuing and sustained
professional development opportunities for teachers,
principals, and other educators at the school or dis-
trict level that equip educators with such expertise,
and with other knowledge and skills necessary for
leading and participating in continuous education
improvement.
(4) A recipient may use the subgrant funds under
this subsection for costs related to release time for teach-
ers to participate in professional development activities.
(5) Professional development shall include related
services personnel as appropriate.
(6) In awarding subgrants under this subsection, the
State educational agency shall give priority to local edu-
cational agencies that form partnerships with collegiate
educators to establish professional development school
sites.
(c) SPECIAL AWARD RULE.—(1) Each State edu-
cational agency shall award at least 50 percent of
subgrant funds under subsection (a) in each fiscal year
to local educational agencies that have a greater percent-
age or number of disadvantaged children than the state-
wide average percentage or number for all local edu-
cational agencies in the State.
(2) The State educational agency may waive the re-
quirement of paragraph (1) if such State does not receive
a sufficient number of applications to comply with such
requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
(a) INFORMATION AND TRAINING.—Proportionate to
the number of children in a State or in a local educational
agency who are enrolled in private elementary or second-
ary schools—
(1) a State educational agency or local edu-
cational agency which uses funds under this title to
develop goals, content standards, curricular mate-
rials, and assessments shall, upon request, make in-
formation related to such goals, standards, mate-
rials, and assessments available to private schools;
and
(2) a State educational agency or local edu-
cational agency which uses funds under this title for
educational agency, or school that requests such a waiv-
er—
(A) if, and only to the extent that, the Sec-
retary determines that such requirement impedes the
ability of the State, or of a local educational agency
or school in the State, to carry out the State or local
education improvement plan;
(B) if the State educational agency has waived,
or agrees to waive, similar requirements of State
law; and
(C) if, in the case of a Statewide waiver, the
State educational agency—
(i) provides all local educational agencies
and parent organizations in the State with no-
tice and an opportunity to comment on the pro-
posal of the State educational agency to seek a
waiver; and
(ii) submits the comments of such agencies
to the Secretary.
(2) To request a waiver, a State educational agency,
local educational agency, or school that receives funds
under this Act or a local educational agency that does not
receive funds under this Act but is undertaking school re-
form efforts that meet the objectives of the State plan,
shall submit an application to the Secretary that in-
cludes—
(A) the identification of statutory or regulatory
requirements that are requested to be waived and
the goals that the State local educational agency or
school intends to achieve;
(B) a description of the action that the State
has undertaken to remove State statutory or regu-
latory barriers identified in the applications of local
educational agencies;
(C) a description of the goals of the waiver and
the expected programmatic outcomes if the request
is granted;
(D) the numbers and types of students to be
impacted by such waiver;
(E) a timetable for implementing a waiver; and
(F) the process the State will use to monitor,
on a biannual basis, the progress in implementing a
waiver.
(3) The Secretary shall act promptly on a waiver re-
quest and state in writing the reasons for granting or de-
nying such request. If a waiver is granted, the Secretary
must also include the expected outcome of granting such
waiver.
(4) The Secretary’s decision shall be—
(A) published in the Federal Register; and
(B) disseminated by the State educational agen-
cy to interested parties, including educators, par-
ents, students, advocacy and civil rights organiza-
tions, other interested parties, and the public.
(5) Each such waiver shall be for a period not to ex-
ceed three years. The Secretary may extend such period
if the Secretary determines that the waiver has been effec-
tive in enabling the State or affected local educational
agencies to carry out reform plans.
(b) INCLUDED PROGRAMS.—The statutes subject to
the waiver authority of this section are as follows:
(1) Chapter 1 of title I of the Elementary and
Secondary Education Act of 1965.
(2) Part A of chapter 2 of title I of the Elemen-
tary and Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics
and Science Education Act (part A of title II of the
Elementary and Secondary Education Act of 1965).
(4) The Emergency Immigrant Education Act
of 1984 (part D of title IV of the Elementary and
Secondary Education Act of 1965).
(5) The Drug-Free Schools and Communities
Act of 1986 (title V of the Elementary and Second-
ary Education Act of 1965).
(6) The Carl D. Perkins Vocational and Applied
Technology Education Act.
(c) WAIVERS NOT AUTHORIZED.—The Secretary
may not waive any statutory or regulatory requirement of
the programs listed in subsection (b) relating to—
(1) maintenance of effort;
(2) comparability of services;
(3) the equitable participation of students and
professional staff in private schools;
(4) parental participation and involvement; or
(5) the distribution of funds to State or to local
educational agencies.
(d) TERMINATION
OF
WAIVERS.—The Secretary
shall periodically review the performance of any State,
local educational agency, or school for which the Secretary
has granted a waiver and shall terminate the waiver if the
performance of the State, the local educational agency, or
the school in the area affected by the waiver has been in-
adequate to justify a continuation of the waiver.
SEC. 312. PROGRESS REPORTS.
(a) STATE REPORTS
TO
THE SECRETARY.—Each
State educational agency that receives funds under this
title shall annually report to the Secretary regarding—
(1) progress in meeting State goals and plans;
(2) proposed State activities for the succeeding
year; and
(3) in summary form, the progress of local edu-
cational agencies in meeting local goals and plans
and increasing student learning.
(b) SECRETARY’S
REPORTS
TO
CONGRESS.—By
April 30, 1996, and every two years thereafter, the Sec-
retary shall submit a report to the Committee on Edu-
cation and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate
describing the activities and outcomes of grants under—
(1) section 220 of this Act, including—
(A) a description of the purpose, uses, and
technical merit of assessments evaluated with
funds under such section; and
(B) an analysis of the impact of such as-
sessments on the performance of all students,
particularly students of different racial, gender,
ethnic, language groups, or individuals with dis-
abilities; and
(2) this title, including a description of the ef-
fect of waivers granted under section 311.
SEC. 313. NATIONAL LEADERSHIP.
(a) ACTIVITIES AUTHORIZED.—From funds reserved
each year under section 304(a)(2)(A), the Secretary shall,
100
through the Office of Educational Research and Improve-
ment in accordance with the provisions of sections 405 and
406 of the General Education Provisions Act, directly or
through grants or contracts—
(1) provide technical assistance to States and
local educational agencies developing or implement-
ing school improvement plans, in a manner that en-
sures that each such State has access to such assist-
ance;
(2) gather data on, conduct research on, and
evaluate systemic education improvement, including
the programs authorized by this title;
(3) disseminate research findings and other in-
formation on systemic education improvement and
how it affects student learning;
(4) provide grants to tribal divisions of edu-
cation for coordination efforts between school reform
plans developed for schools funded by the Bureau of
Indian Affairs and public schools described in sec-
tion 306(g)(5), including tribal activities in support
of plans; and
(5) support national demonstration projects
that unite local and State educational agencies, in-
stitutions of higher education, government, business,
101
and labor in collaborative arrangements in order to
make educational improvements systemwide.
(b) RESERVATION OF FUNDS.—(1) The Secretary
shall use at least 50 percent of the funds reserved each
year under section 304(a)(2)(A) to make grants, consist-
ent with the provisions of section 309(a) that the Sec-
retary finds appropriate, and provide technical and other
assistance to urban and rural local educational agencies
with large numbers or concentrations of students who are
economically disadvantaged or who have limited English
proficiency, to assist such agencies in developing and im-
plementing local school improvement plans.
(2) The Secretary shall use not less than $1,000,000
of the funds reserved the first year under section
304(a)(2)(A) to survey coordinated services programs that
have been found to be successful in helping students and
families and improving student outcomes, and shall dis-
seminate information about such programs to schools that
plan to develop coordinated services programs.
SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO
THE SECRETARY OF THE INTERIOR.
(a) OUTLYING AREAS.—(1) Funds reserved for outly-
ing areas under section 304(a)(1)(A) shall be distributed
among such areas by the Secretary according to relative
need.
102
(2) The provisions of Public Law 95–134, permitting
the consolidation of grants to the insular areas, shall not
apply to funds received by such areas under this title.
(b) SECRETARY OF THE INTERIOR.—
(1) IN GENERAL.—The funds reserved to the
Secretary of the Interior under section 304 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 shall best achieve the
provisions of this section and this Act. The agree-
ment shall, at a minimum, contain assurances
that—
(A) a panel, as set forth in paragraph (4)
of this subsection, shall be established;
(B) a reform and improvement plan, de-
signed to increase student learning and assist
students in meeting the National Education
Goals, meeting the requirements pertaining to
State improvement plans required in section
306 and providing for the fundamental restruc-
turing and improvement of elementary and sec-
ondary education in schools funded by the Bu-
reau, shall be developed by such panel; and
103
(C) the provisions and activities required
under State improvement plans, including the
requirements for timetables for opportunity-to-
learn standards, shall be carried out in the
same time frames and under the same condi-
tions stipulated for the States in sections 305
and 306, provided that for these purposes, the
term ‘‘local educational agencies’’ shall be inter-
preted to mean ‘‘schools funded by the Bu-
reau’’.
(2) VOLUNTARY SUBMISSION.—The provisions
applicable to the States in section 213 of this Act
shall apply to the Bureau plan with regard to vol-
untary submission of standards and assessment sys-
tems to the National Education Standards and
Improvement Council for review and certification.
(3) PLAN
SPECIFICS.—The reform and im-
provement plan shall include, in addition to the re-
quirements referenced above, specific provisions
for—
(A) opportunity to learn standards pertain-
ing to residential programs and transportation
costs associated with programs located on or
near reservations or serving students in off-res-
ervation residential boarding schools;
104
(B) review and incorporation of the Na-
tional Education Goals and the voluntary na-
tional content, student performance, and oppor-
tunity-to-learn standards developed under part
B of title II of this Act, provided that such re-
view shall include the issues of cultural and lan-
guage differences; and
(C) provision for coordination of the efforts
of the Bureau with the efforts for school im-
provement of the States and local educational
agencies in which the schools funded by the Bu-
reau are located, to include, but not be limited
to, the development of the partnerships outlined
in section 306(g)(5) of the Act.
(4) PANEL.—To carry out the provisions of this
section, and to develop the plan for system-wide re-
form and improvement required under the agree-
ment required under paragraph (1), the Secretary of
the Interior shall establish a panel coordinated by
the Assistant Secretary of the Interior for Indian
Affairs. Such panel shall consist of—
(A) the Director of the Office of Indian
Education Programs of the Bureau of Indian
Affairs and two heads of other divisions of such
105
Bureau as the Assistant Secretary shall des-
ignate;
(B) a designee of the Secretary of Edu-
cation; and
(C) a representative nominated by each of
the following:
(i) The organization representing the
majority of teachers and professional per-
sonnel in schools operated by the Bureau.
(ii) The organization representing the
majority of nonteaching personnel in
schools operated by the Bureau, if not the
same organization as in clause (i).
(iii) School administrators of schools
operated by the Bureau.
(iv) Education line officers located in
Bureau area or agency offices serving
schools funded by the Bureau.
(v) The organization representing the
majority of contract or grant schools fund-
ed by the Bureau not serving students on
the Navajo reservation.
(vi) The organization representing the
majority of contract or grant schools fund-
106
ed by the Bureau serving students on the
Navajo reservation.
(vii) The organization representing
the school boards required by statute for
schools operated by the Bureau not serving
students on the Navajo reservation.
(viii) The organization representing
the school boards required by statute for
schools funded by the Bureau serving stu-
dents on the Navajo reservation.
Including the additional members required by para-
graph (5), a majority of the members of such panel
shall be from the entities designated under subpara-
graph (C).
(5) ADDITIONAL
MEMBERS.—In addition, the
members of the panel stipulated above shall des-
ignate for full membership four additional mem-
bers—
(A) one of whom shall be a representative
of a national organization which represents pri-
marily national Indian education concerns; and
(B) three of whom shall be chairpersons
(or their designees) of Indian tribes with
schools funded by the Bureau on their reserva-
tions (other than those specifically represented
107
by organizations referred to in paragraph (4)),
provided that preference for no less than two of
these members shall be given to Indian tribes
with a significant number of schools funded by
the Bureau on their reservations, or with a sig-
nificant percentage of their children enrolled in
schools funded by the Bureau.
(c) BIA COST ANALYSIS.—
(1) IN GENERAL.—(A) The Secretary of the In-
terior shall reserve from the first allotment made to
the Department of the Interior pursuant to section
304 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
academic and home-living/residential standards of
the Bureau of Indian Affairs for each school funded
by such Bureau. The purpose of such analysis shall
be to provide the Bureau and the Panel with base-
line data regarding the current state of operations
funded by the Bureau and to provide a framework
for addressing the implementation of opportunity-to-
learn standards.
(B) The results of such analysis shall be re-
ported, in aggregate and school specific form, to the
chairpersons and ranking minority members of the
108
Committees on Education and Labor and Appropria-
tions of the House of Representatives and the Select
Committee on Indian Affairs and the Committee on
Appropriations of the Senate, and to the Secretary
of the Interior, the Secretary of Education (who
shall transmit the report to the proper entities under
this Act), and the Assistant Secretary of the Interior
for Indian Affairs, not later than 6 months after the
date of enactment of this Act.
(2) CONTENT.—Such analysis shall evaluate the
costs of providing a program in each school for the
next succeeding academic year and shall be based
on—
(A) the standards either published in the
Federal Register as having effect in schools op-
erated by the Bureau on the date of enactment
of this Act or the standards incorporated into
each grant or contract in effect on such date
with a tribally controlled school funded under
section 1128 of Public Law 95–561 (as amend-
ed);
(B) the best projections of student counts
and demographics, as provided by the Bureau
and as independently reviewed by the Academy;
and
109
(C) the pay and benefit schedules and
other personnel requirements for each school
operated by the Bureau, as existing on the date
of enactment.
(d) SECRETARY OF DEFENSE.—The Secretary shall
consult with the Secretary of Defense to ensure that, to
the extent practicable, the purposes of this title are applied
to the Department of Defense schools.
TITLE IV—NATIONAL SKILL
STANDARDS BOARD
SEC. 401. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the develop-
ment and adoption of a voluntary national system of skill
standards and certification that will serve as a cornerstone
of the national strategy to enhance workforce skills, and
that can be used, consistent with Federal civil rights
laws—
(1) by the Nation, to ensure the development of
a high skills, high quality, high performance
workforce, including the most skilled front-line
workforce in the world, and that will result in in-
creased productivity, economic growth and American
economic competitiveness;
110
(2) by industries, as a vehicle for informing
training providers and prospective employees of
skills necessary for employment;
(3) by employers, to assist in evaluating the
skill levels of prospective employees and to assist in
the training of current employees;
(4) by labor organizations, to enhance the em-
ployment security of workers by providing portable
credentials and skills;
(5) by workers, to obtain certifications of their
skills to protect against dislocation, to pursue career
advancement, and to enhance their ability to reenter
the workforce;
(6) by students and entry level workers, to de-
termine the skill levels and competencies needed to
be obtained in order to compete effectively for high
wage jobs;
(7) by training providers and educators, to de-
termine appropriate training services to offer;
(8) by Government, to evaluate whether pub-
licly-funded training assists participants to meet
skill standards where they exist and thereby protect
the integrity of public expenditures;
(9) to facilitate the transition to high perform-
ance work organizations;
111
(10) to increase opportunities for minorities
and women, including removing barriers to the entry
of women in non-traditional employment; and
(11) to facilitate linkages between other compo-
nents of the workforce investment strategy, includ-
ing school-to-work transition, secondary and post-
secondary vocational-technical education, and job
training programs.
SEC. 402. ESTABLISHMENT OF NATIONAL BOARD.
(a) IN GENERAL.—There is established a National
Skill Standards Board (in this title referred to as the
‘‘National Board’’).
(b) COMPOSITION.—
(1) IN GENERAL.—The National Board shall be
composed of 28 members, appointed in accordance
with paragraph (3), of whom—
(A) one member shall be the Secretary of
Labor;
(B) one member shall be the Secretary of
Education;
(C) one member shall be the Secretary of
Commerce;
(D) one member shall be the Chairperson
of the National Education Standards and Im-
112
provement Council established pursuant to sec-
tion 212(a);
(E) eight members shall be representatives
of small and large business and industry se-
lected from among individuals recommended by
recognized national business organizations and
trade associations;
(F) eight members shall be representatives
of organized labor selected from among individ-
uals recommended by recognized national labor
federations; and
(G) eight members shall be representatives
from the following groups, with at least one
member from each group:
(i) Educational institutions.
(ii) Community-based organizations.
(iii) State and local governments.
(iv) Nongovernmental organizations
with a demonstrated history of successfully
protecting the rights of racial, ethnic and
religious minorities, women, persons with
disabilities or older persons.
(2) DIVERSITY REQUIREMENTS.—The members
described in subparagraph (G) of paragraph (1)
shall have expertise in the area of education and
113
training. The members described in subparagraphs
(E), (F), and (G) of paragraph (1) shall—
(A) in the aggregate, represent a broad
cross-section of occupations and industries; and
(B) to the extent feasible, be geographi-
cally representative of the United States and re-
flect the racial, ethnic and gender diversity of
the United States.
(3) APPOINTMENT.—The membership of the
National Board shall be appointed as follows:
(A) Twelve members (four from each class
of members described in subparagraphs (E),
(F), and (G) of paragraph (1)) shall be ap-
pointed by the President.
(B) Six members (two from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be appointed by
the Speaker of the House of Representatives, of
whom three members (one from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be selected
from recommendations made by the Majority
Leader of the House of Representatives and
three members (one from each class of members
described in subparagraphs (E), (F), and (G) of
114
paragraph (1)) shall be selected from rec-
ommendations made by the Minority Leader of
the House of Representatives.
(C) Six members (two from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be appointed by
the President pro tempore of the Senate, of
whom three members (one from each class of
members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be selected
from recommendations made by the Majority
Leader of the Senate and three members (one
from each class of members described in sub-
paragraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made
by the Minority Leader of the Senate.
(4) TERM.—Each member of the National
Board appointed under subparagraphs (E), (F), and
(G) of paragraph (1) shall be appointed for a term
of 4 years, except that of the initial members of the
Board appointed under such paragraph—
(A) twelve members shall be appointed for
a term of 3 years (four from each class of mem-
bers described in subparagraphs (E), (F), and
(G) of paragraph (1)), of whom—
115
(i) two from each class shall be ap-
pointed in accordance with paragraph
(3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph
(3)(B); and
(iii) one from each such class shall be
appointed in accordance with paragraph
(3)(C); and
(B) twelve members shall be appointed for
a term of 4 years (four from each class of mem-
bers described in subparagraphs (E), (F), and
(G) of paragraph (1)), of whom—
(i) two from each such class shall be
appointed in accordance with paragraph
(3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph
(3)(B); and
(iii) one from each such class shall be
appointed in accordance with paragraph
(3)(C).
(c) CHAIRPERSON AND VICE CHAIRPERSONS.—
(1) CHAIRPERSON.—The National Board shall
biennially elect a Chairperson from among the mem-
116
bers of the National Board by a majority vote of
such members.
(2) VICE CHAIRPERSONS.—The National Board
shall annually elect 3 Vice Chairpersons (each rep-
resenting a different class of the classes of members
described in subparagraphs (E), (F), and (G) of
subsection (b)(1)) from among its members ap-
pointed under subsection (b)(3) by a majority vote
of such members, each of whom shall serve for a
term of 1 year.
(d) COMPENSATION AND EXPENSES.—
(1) COMPENSATION.—Members of the National
Board who are not regular full-time employees or of-
ficers of the Federal Government shall serve without
compensation.
(2) EXPENSES.—The members of the National
Board shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sub-
chapter I of chapter 57, title 5, United States Code,
while away from their homes or regular places of
business in the performance of services for the Na-
tional Board.
(e) EXECUTIVE DIRECTOR AND STAFF.—The Chair-
person of the National Board shall appoint an Executive
Director, who shall be compensated at a rate determined
117
by the National Board that shall not exceed the rate of
pay for level V of the Executive Schedule under section
5316 of title 5, United States Code, and who shall appoint
such staff as is necessary in accordance with title 5, Unit-
ed States Code. Such staff shall include at least one indi-
vidual with expertise in measurement and assessment.
(f) AGENCY SUPPORT.—
(1) USE OF FACILITIES.—The National Board
may use the research, equipment, services and facili-
ties of any agency or instrumentality of the United
States with the consent of such agency or instru-
mentality.
(2) STAFF OF FEDERAL AGENCIES.—Upon the
request of the National Board, the head of any de-
partment or agency of the United States may detail
to the National Board, on a reimbursable basis, any
of the personnel of such department or agency to as-
sist the National Board in carrying out this title.
(g) CONFLICT OF INTEREST.—An individual who has
served as a member of the National Board may not have
any financial interest in an assessment and certification
system developed or endorsed under this title for a period
of three years after the termination of service of such indi-
vidual from the National Board.
118
SEC. 403. FUNCTIONS OF THE NATIONAL BOARD.
(a) IDENTIFICATION
OF
OCCUPATIONAL
CLUS-
TERS.—
(1) IN GENERAL.—Subject to paragraph (2),
the National Board, after extensive public review
and comment and study of the national labor mar-
ket, shall identify broad clusters of major occupa-
tions that involve one or more than one industry in
the United States.
(2) PROCEDURES FOR IDENTIFICATION.—Prior
to identifying broad clusters of major occupations
under paragraph (1), the National Board shall—
(A) develop procedures for the identifica-
tion of such clusters;
(B) publish such procedures in the Federal
Register; and
(C) allow for extensive public review of and
comment on such procedures.
(b) 
VOLUNTARY
PARTNERSHIPS
TO
DEVELOP
STANDARDS.—
(1) IN GENERAL.—For each of the occupational
clusters identified pursuant to subsection (a), the
National Board shall encourage and facilitate the es-
tablishment of voluntary partnerships to develop a
skill standards system in accordance with subsection
(d).
119
(2) REPRESENTATIVES.—Such voluntary part-
nerships shall include the full and balanced partici-
pation of—
(A) representatives of business and indus-
try who have expertise in the area of workforce
skill requirements, including representatives of
large and small employers, recommended by na-
tional business organizations and trade associa-
tions representing employers in the occupation
or industry for which a standard is being devel-
oped, and representatives of trade associations
that have received demonstration grants from
the Department of Labor or the Department of
Education to establish skill standards prior to
the enactment of this title;
(B) employee representatives who have ex-
pertise in the area of workforce skill require-
ments and who shall be—
(i) individuals recommended by recog-
nized national labor organizations rep-
resenting employees in the occupation or
industry for which a standard is being de-
veloped; and
(ii) such other individuals who are
nonmanagerial employees with significant
120
experience and tenure in such occupation
or industry as are appropriate given the
nature and structure of employment in the
occupation or industry;
(C) representatives of—
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with ad-
ministrative control or direction over edu-
cation, vocational-technical education, or
employment and training;
(iv) other policy development organi-
zations with expertise in the area of
workforce skill requirements; and
(v) non-governmental organizations
with a demonstrated history of successfully
protecting the rights of racial, ethnic, and
religious minorities, women, individuals
with disabilities, and older persons; and
(D) individuals with expertise in measure-
ment and assessment, including relevant experi-
ence in designing unbiased assessments and
performance-based assessments.
(3) EXPERTS.—The partnerships described in
paragraph (1) may also include such other individ-
121
uals who are independent, qualified experts in their
fields.
(c) RESEARCH, DISSEMINATION, AND COORDINA-
TION.—In order to support the development of a skill
standards system in accordance with subsection (d), the
National Board shall—
(1) conduct workforce research relating to skill
standards (including research relating to how to use
skill standards in compliance with civil rights laws)
and make such research available to the public, in-
cluding the partnerships described in subsection (b);
(2) identify and maintain a catalog of skill
standards used by other countries and by States and
leading firms and industries in the United States;
(3) serve as a clearinghouse to facilitate the
sharing of information on the development of skill
standards and other relevant information among
representatives of occupations and industries identi-
fied pursuant to subsection (a), the voluntary part-
nerships recognized pursuant to subsection (b), and
among education and training providers through
such mechanisms as the Capacity Building and In-
formation and Dissemination Network established
under section 453(b) of the Job Training Partner-
ship Act;
122
(4) develop a common nomenclature relating to
skill standards;
(5) encourage the development and adoption of
curricula and training materials for attaining the
skill standards developed pursuant to subsection (d)
that include structured work experiences and related
study programs leading to progressive levels of pro-
fessional and technical certification and postsecond-
ary education;
(6) provide appropriate technical assistance;
and
(7) facilitate coordination among voluntary
partnerships that meet the requirements of sub-
section (b) to promote the development of a coherent
national system of voluntary skill standards.
(d) ENDORSEMENT
OF SKILL STANDARDS SYS-
TEMS.—
(1) DEVELOPMENT
OF
ENDORSEMENT
CRI-
TERIA.—
(A) IN
GENERAL.—The National Board,
after extensive public consultation, shall develop
objective criteria for endorsing skills standards
systems relating to the occupational clusters
identified pursuant to subsection (a). Such cri-
teria shall, at a minimum, include the compo-
123
nents of a skill standards system described in
subparagraph (B). The endorsement criteria
shall be published in the Federal Register, and
updated as appropriate.
(B) COMPONENTS OF SYSTEM.—The com-
ponents of a skill standards systems shall in-
clude the following:
(i) Voluntary skill standards, which at
a minimum—
(I) meet or exceed, to the extent
practicable, the highest standards
used in other countries and the high-
est international standards;
(II) meet or exceed the highest
applicable standards used in the
United States, including apprentice-
ship standards registered under the
National Apprenticeship Act;
(III) take into account content
and performance standards certified
pursuant to title II;
(IV) take into account the re-
quirements of high performance work
organizations;
124
(V) are in a form that allows for
regular updating to take into account
advances in technology or other devel-
opments within the occupational clus-
ter;
(VI) are formulated in such a
manner that promotes the portability
of credentials and facilitates worker
mobility within an occupational clus-
ter or industry and among industries;
and
(VII) are not discriminatory with
respect to race, color, gender, age, re-
ligion, ethnicity, disability, or national
origin, consistent with Federal civil
rights laws.
(ii) A voluntary assessment system
and certification of the attainment of skill
standards developed pursuant to subpara-
graph (A), which at a minimum—
(I) takes into account, to the ex-
tent practicable, methods of assess-
ment and certification used in other
countries;
125
(II) utilizes a variety of evalua-
tion techniques, including, where ap-
propriate, oral and written evalua-
tions, portfolio assessments and per-
formance tests; and
(III) includes methods for estab-
lishing that the assessment and cer-
tification system is not discriminatory
with respect to race, color, gender,
age, religion, ethnicity, disability, or
national origin, consistent with Fed-
eral civil rights laws.
(iii) A system to promote the use of
and to disseminate information relating to
skill standards, and assessment and certifi-
cation systems developed pursuant to this
paragraph (including dissemination of in-
formation relating to civil rights laws rel-
evant to the use of such standards and sys-
tems) to entities such as institutions of
postsecondary education offering profes-
sional and technical education, labor orga-
nizations, trade associations, employers
providing formalized training and other or-
126
ganizations likely to benefit from such sys-
tems.
(iv) A system to evaluate the imple-
mentation of the skill standards, and as-
sessment and certification systems devel-
oped pursuant to this paragraph, and the
effectiveness of the information dissemi-
nated pursuant to subparagraph (C) for
informing the users of such standards and
systems of the requirements of relevant
civil rights laws.
(v) A system to periodically revise and
update the skill standards, and assessment
and certification systems developed pursu-
ant to this paragraph, which will take into
account changes in standards in other
countries.
(2) 
ENDORSEMENT.—The 
National 
Board,
after extensive public review and comment, shall en-
dorse those skill standards systems relating to the
occupational clusters identified pursuant to sub-
section (a) that—
(A) meet the objective endorsement criteria
that are developed pursuant to paragraph (1);
and
127
(B) are submitted by partnerships that
meet the representation requirements of sub-
section (b)(2).
(e) 
RELATIONSHIP
WITH
ANTIDISCRIMINATION
LAWS.—
(1) IN GENERAL.—Nothing in this title shall be
construed to modify or affect any Federal or State
law prohibiting discrimination on the basis of race,
religion, color, ethnicity, national origin, gender, age,
or disability.
(2) EVIDENCE.—The endorsement or absence
of an endorsement by the Board of a skill standard
or assessment and certification system under sub-
section (d) shall not be used in any action or pro-
ceeding to establish that the skill standard or assess-
ment and certification system conforms or does not
conform to the requirements of civil rights laws.
(f) COORDINATION WITH EDUCATION STANDARDS.—
The National Board shall establish cooperative arrange-
ments with the National Education Standards and Im-
provement Council to promote the coordination of the de-
velopment of skill standards under this title with the devel-
opment of content and performance standards under title
II.
(g) FINANCIAL ASSISTANCE.—
128
(1) IN
GENERAL.—From funds appropriated
pursuant to section 406(a), the Secretary of Labor
may award grants (including grants to the voluntary
partnerships in accordance with paragraph (2)) and
enter into contracts and cooperative arrangements
that are requested by the National Board for the
purposes of carrying out this title.
(2) GRANT PROGRAMS FOR VOLUNTARY PART-
NERSHIPS.—
(A) ELIGIBILITY AND APPLICATION.—Vol-
untary partnerships that meet the requirements
of subsection (b) shall be eligible to apply for a
grant under this subsection. Each such vol-
untary partnership desiring a grant shall sub-
mit an application to the National Board at
such time, in such manner, and accompanied by
such information as the National Board may
reasonably require.
(B) REVIEW
AND
RECOMMENDATION.—
The National Board shall review each applica-
tion submitted pursuant to subparagraph (A) in
accordance with the objective criteria published
pursuant to subparagraph (C) and shall for-
ward each such application to the Secretary of
Labor accompanied by a recommendation for
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the approval or disapproval of each such appli-
cation by the Secretary.
(C) CRITERIA FOR REVIEW.—Prior to each
fiscal year, the National Board shall publish ob-
jective criteria to be used by the Board in re-
viewing applications under subparagraph (B).
(3) LIMITATION ON THE USE OF FUNDS.—
(A) IN GENERAL.—Not more than 20 per-
cent of the funds appropriated under section
406(a) for each fiscal year shall be used by the
National Board for the costs of administration.
(B) 
COSTS
OF
ADMINISTRATION
DE-
FINED.—For purposes of this paragraph, the
term ‘‘costs of administration’’ means costs re-
lating to staff, supplies, equipment, space, trav-
el and per diem, costs of conducting meetings
and conferences, and other related costs.
SEC. 404. DEADLINES.
Not later than December 31, 1996, the National
Board shall—
(1) identify occupational clusters pursuant to
section 403(a) representing a substantial portion of
the workforce; and
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(2) promote the development of an initial set of
skill standards in accordance with section 403(d) for
such clusters.
SEC. 405. REPORTS.
The National Board shall submit to the President
and the Congress in each fiscal year a report on the activi-
ties conducted under this title, including the extent to
which skill standards have been adopted by employers,
training providers, and other entities and the effectiveness
of such standards in accomplishing the purposes described
in section 401.
SEC. 406. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated $15,000,000 for fiscal year 1994 and such sums
as may be necessary for each of the fiscal years 1995
through 1998 to carry out this title.
(b) AVAILABILITY.—Amounts appropriated pursuant
to subsection (a) shall remain available until expended.
SEC. 407. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) COMMUNITY-BASED
ORGANIZATIONS.—The
term ‘‘community-based organizations’’ means such
organizations as defined in section 4(5) of the Job
Training Partnership Act.
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(2) EDUCATIONAL
INSTITUTION.—The term
‘‘educational institution’’ means a high school, a vo-
cational school, and an institution of higher edu-
cation.
(3) SKILL STANDARD.—The term ‘‘skill stand-
ard’’ means the level of knowledge and competence
required to successfully perform work-related func-
tions within an occupational cluster.
TITLE V—MISCELLANEOUS
SEC. 501. DEFINITIONS.
As used in this Act—
(1) the terms ‘‘all students’’ and ‘‘all children’’
mean students or children from a broad range of
backgrounds and circumstances, including disadvan-
taged students, students with diverse racial, ethnic,
and cultural backgrounds, American Indians, Alaska
Natives, Native Hawaiians, students with disabil-
ities, students with limited-English proficiency, mi-
grant children, school-aged children who have
dropped out, migrant children, and academically tal-
ented students;
(2) the term ‘‘assessment system’’ means meas-
ures of student performance which include at least
1 test, and may include other measures of student
performance, for a specific purpose and use which
132
are intended to evaluate the progress of all students
in the State toward learning the material in State
content standards in 1 or more subject areas;
(3) the terms ‘‘community’’, ‘‘public’’, and ‘‘ad-
vocacy group’’ are to be interpreted to include rep-
resentatives of organizations advocating for the edu-
cation of American Indian, Alaska Native, and Na-
tive Hawaiian children and Indian tribes;
(4) the term ‘‘content standards’’ means broad
descriptions of the knowledge and skills students
should acquire in a particular subject area;
(5) the term ‘‘Governor’’ means the chief execu-
tive of the State;
(6) the terms ‘‘local educational agency’’ and
‘‘State educational agency’’ have the meaning given
those terms in section 1471 of the Elementary and
Secondary Education Act of 1965;
(7) the term ‘‘opportunity-to-learn standards’’
means the criteria for, and the basis of, assessing
the sufficiency or quality of the resources, practices,
and conditions necessary at each level of the edu-
cation system (schools, local educational agencies,
and States) to provide all students with an oppor-
tunity to learn the material in national or State con-
tent standards;
133
(8) the term ‘‘outlying areas’’ means Guam,
American Samoa, the Virgin Islands, the Common-
wealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free As-
sociation with the Government of Palau);
(9) the term ‘‘performance standards’’ means
concrete examples and explicit definitions of what
students have to know and be able to do to dem-
onstrate that they are proficient in the skills and
knowledge framed by content standards;
(10) the term ‘‘related services’’ has the same
meaning given such term under section 602(17) of
the Individuals with Disabilities Education Act;
(11) the term ‘‘school’’ means a school that is
under the authority of the State educational agency
and a local educational agency or, for the purpose of
carrying out section 314(b), a school that is oper-
ated or funded by the Bureau of Indian Affairs;
(12) the term ‘‘Secretary’’, except where used
in title IV, means the Secretary of Education; and
(13) except as otherwise provided, the term
‘‘State’’ means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
134
SEC. 502. LIMITATIONS.
(a) ASSESSMENTS.—No funds provided under titles
II or III of this Act shall be used to undertake assess-
ments that will be used to make decisions regarding the
graduation, grade promotion, or retention of students for
five years after the date of enactment of this Act.
(b) PUBLIC SCHOOL.—Nothing in this Act shall be
construed to authorize the use of funds under title III (ex-
cept as provided in section 310) to directly or indirectly
benefit any school other than a public school.
SEC. 503. ASSESSMENT OF EDUCATIONAL PROGRESS AC-
TIVITIES.
Section 421(h) of the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2421(h))
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(h)’’; and
(2) by inserting at the end the following:
‘‘(2)(A) Notwithstanding any provision of section 406
of the General Education Provisions Act, the Commis-
sioner of Education Statistics may authorize a State edu-
cational agency or a consortium of such agencies to use
items and data from the National Assessment of Edu-
cational Progress for the purpose of evaluating a course
of study related to vocational education, if the Commis-
sioner has determined, in writing, that such use will not—
135
‘‘(i) result in the identification of characteristics
or performance of individual students or schools;
‘‘(ii) result in the ranking or comparing of
schools or local educational agencies;
‘‘(iii) be used to evaluate the performance of
teachers, principals, or other local educators for the
purpose of dispensing rewards or punishments; or
‘‘(iv) corrupt or harm the use and value of data
collected for the National Assessment of Educational
Progress.
‘‘(B) Not later than 60 days after making an author-
ization under subsection (a), the Commissioner shall sub-
mit to the Committee on Education and Labor of the
House of Representatives and to the Committee on Labor
and Human Resources of the Senate, a report which con-
tains—
‘‘(i) a copy of the request for such authoriza-
tion;
‘‘(ii) a copy of the written determination under
subsection (a); and
‘‘(iii) a description of the details and duration
of such authorization.
‘‘(C) The Commissioner may not grant more than one
such authorization in any fiscal year and shall ensure that
the authorized use of items or data from the National As-
136
sessment is evaluated for technical merit and for its affect
on the National Assessment of Educational Progress. The
results of such evaluations shall be promptly reported to
the committees specified in subparagraph (B).’’.
SEC. 504. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in ex-
pending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–
10c, popularly known as the ‘‘Buy American Act’’).
SEC. 505. SENSE OF CONGRESS; REQUIREMENT REGARD-
ING NOTICE.
(a) PURCHASE
OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS.—In the case of any equipment or prod-
ucts that may be authorized to be purchased with financial
assistance provided under this Act, it is the sense of the
Congress that entities receiving such assistance should, in
expending the assistance, purchase only American-made
equipment and products.
(b) NOTICE
TO RECIPIENTS
OF ASSISTANCE.—In
providing financial assistance under this Act, the head of
each Federal agency shall provide to each recipient of the
assistance a notice describing the statement made in sub-
section (a) by the Congress.