126
‘‘(A) COMPETITIVE GRANTS.—The Secretary
shall use funds described in paragraph (2) to
award grants, on a competitive basis, to the out-
lying areas and freely associated States to carry
out the purposes of this part.
‘‘(B) AWARD
BASIS.—The Secretary shall
award grants under subparagraph (A) on a com-
petitive basis, pursuant to the recommendations
of the Pacific Region Educational Laboratory in
Honolulu, Hawaii.
‘‘(C) TERMINATION OF ELIGIBILITY.—Not-
withstanding any other provision of law, the
freely associated States shall not receive any
funds under this part after September 30, 2001.
‘‘(D) ADMINISTRATIVE
COSTS.—The Sec-
retary may provide not more than five percent
of the amount reserved for grants under this
paragraph to pay the administrative costs of the
Pacific Region Educational Laboratory under
subparagraph (B).
‘‘(4) SPECIAL RULE.—The provisions of Public
Law 95–134, permitting the consolidation of grants
by the outlying areas, shall not apply to funds pro-
vided to the freely associated States under this sec-
tion.
127
‘‘(c) DEFINITIONS.—For the purposes of subsection (a)
and (b)—
‘‘(1) the term ‘freely associated States’ means the
Republic of the Marshall Islands, the Federated States
of Micronesia, and the Republic of Palau; and
‘‘(2) the term ‘outlying area’ means the United
States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
‘‘(d) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) IN GENERAL.—The amount allotted for pay-
ments to the Secretary of the Interior under sub-
section (a)(2) for any fiscal year shall be, as deter-
mined pursuant to criteria established by the Sec-
retary, the amount necessary to meet the special edu-
cational needs of—
‘‘(A) Indian children on reservations served
by elementary and secondary schools for Indian
children operated or supported by the Depart-
ment of the Interior; and
‘‘(B) out-of-State Indian children in ele-
mentary and secondary schools in local edu-
cational agencies under special contracts with
the Department of the Interior.
128
‘‘(2) PAYMENTS.—From the amount allotted for
payments to the Secretary of the Interior under sub-
section (a)(2), the Secretary of the Interior shall make
payments to local educational agencies, upon such
terms as the Secretary determines will best carry out
the purposes of this part, with respect to out-of-State
Indian children described in paragraph (1). The
amount of such payment may not exceed, for each
such child, the greater of—
‘‘(A) 40 percent of the average per pupil ex-
penditure in the State in which the agency is lo-
cated; or
‘‘(B) 48 percent of such expenditure in the
United States.’’.
SEC. 120. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332 et seq.) is amended to
read as follows:
‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA-
TION GRANTS, AND TARGETED GRANTS.
‘‘(a) ALLOCATION FORMULA.—Of the amount author-
ized to be appropriated to carry out this part for each of
fiscal years 2000 through 2004 (referred to in this sub-
section as the current fiscal year)—
‘‘(1) an amount equal to the amount appro-
priated to carry out section 1124 for fiscal year 1999
129
plus 42.5 percent of the amount, if any, by which the
amount appropriated under section 1002(a) for the
current fiscal year exceeds the amount appropriated
under such section for fiscal year 1999 shall be allo-
cated in accordance with section 1124;
‘‘(2) an amount equal to the amount appro-
priated to carry out section 1124A for fiscal year
1999 plus 7.5 percent of the amount, if any, by which
the amount appropriated under section 1002(a) for
the current fiscal year exceeds the amount appro-
priated under such section for fiscal year 1999 shall
be allocated in accordance with section 1124A; and
‘‘(3) an amount equal to 50 percent of the
amount, if any, by which the amount appropriated
under section 1002(a) for the current fiscal year ex-
ceeds the amount appropriated under such section for
fiscal year 1999 shall be allocated in accordance with
section 1125.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) IN GENERAL.—If the sums available under
this part for any fiscal year are insufficient to pay
the full amounts that all local educational agencies in
States are eligible to receive under sections 1124,
1124A, and 1125 for such year, the Secretary shall
130
ratably reduce the allocations to such local edu-
cational agencies, subject to subsections (c) and (d) of
this section.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sections
1124, 1124A, and 1125 for such fiscal year, alloca-
tions that were reduced under paragraph (1) shall be
increased on the same basis as they were reduced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—
‘‘(1) AMOUNTS FOR SECTIONS 1124 AND 1125.—
For each fiscal year, the amount made available to
each local educational agency under each of sections
1124 and 1125 shall be—
‘‘(A) not less than 95 percent of the amount
made available in the preceding fiscal year if the
number of children counted for grants under sec-
tion 1124 is not less than 30 percent of the total
number of children aged 5 to 17 years, inclusive,
in the local educational agency;
‘‘(B) not less than 90 percent of the amount
made available in the preceding fiscal year if the
percentage described in subparagraph (A) is be-
tween 15 percent and 30 percent; and
‘‘(C) not less than 85 percent of the amount
made available in the preceding fiscal year if the
131
percentage described in subparagraph (A) is
below 15 percent.
‘‘(2) AMOUNT FOR SECTION 1124A.—The amount
made available to each local educational agency
under section 1124A shall be not less than 85 percent
of the amount made available in the preceding fiscal
year.
‘‘(3) PAYMENTS.—If sufficient funds are appro-
priated, the amounts described in paragraph (2) shall
be paid to all local educational agencies that received
grants under section 1124A for the preceding fiscal
year, regardless of whether the local educational agen-
cy meets the minimum eligibility criteria for that fis-
cal year provided in section 1124A(a)(1)(A) except
that a local educational agency that does not meet
such minimum eligibility criteria for 4 consecutive
years shall no longer be eligible to receive a hold
harmless amount referred to in paragraph (2).
‘‘(4) POPULATION DATA.—In any fiscal year for
which the Secretary calculates grants on the basis of
population data for counties, the Secretary shall
apply the hold harmless percentages in paragraphs
(1) and (2) to counties, and if the Secretary’s alloca-
tion for a county is not sufficient to meet the hold-
harmless requirements of this subsection for every
132
local educational agency within that county, the State
educational agency shall reallocate funds proportion-
ately from all other local educational agencies in the
State that are receiving funds in excess of the hold
harmless amounts specified in this subsection.
‘‘(d) RATABLE REDUCTIONS.—
‘‘(1) IN GENERAL.—If the sums made available
under this part for any fiscal year are insufficient to
pay the full amounts that all States are eligible to re-
ceive under subsection (c) for such year, the Secretary
shall ratably reduce such amounts for such year.
‘‘(2) ADDITIONAL FUNDS.—If additional funds
become available for making payments under sub-
section (c) for such fiscal year, amounts that were re-
duced under paragraph (1) shall be increased on the
same basis as such amounts were reduced.
‘‘(e) DEFINITION.—For the purpose of this section and
sections 1124, 1124A, and 1125, the term ‘State’ means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.’’.
SEC. 121. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
Section 1124 (20 U.S.C. 6333 et seq.) is amended to
read as follows:
133
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES
AND
PUERTO
RICO.—Except as provided in
paragraph (4) and in section 1126, the grant that a
local educational agency is eligible to receive under
this section for a fiscal year is the amount determined
by multiplying—
‘‘(A) the number of children counted under
subsection (c); and
‘‘(B) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount
determined under this subparagraph shall not be
less than 32 percent or more than 48 percent, of
the average per-pupil expenditure in the United
States.
‘‘(2) CALCULATION OF GRANTS.—
‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL
AGENCIES.—The Secretary shall calculate grants
under this section on the basis of the number of
children counted under subsection (c) for local
educational agencies, unless the Secretary and
the Secretary of Commerce determine that some
or all of those data are unreliable or that their
134
use would be otherwise inappropriate, in which
case—
‘‘(i) the 2 Secretaries shall publicly
disclose the reasons for their determination
in detail; and
‘‘(ii) paragraph (3) shall apply.
‘‘(B) ALLOCATIONS TO LARGE AND SMALL
LOCAL
EDUCATIONAL
AGENCIES.—(i) For any
fiscal year in which this paragraph applies, the
Secretary shall calculate grants under this sec-
tion for each local educational agency.
‘‘(ii) The amount of a grant under this sec-
tion for each large local educational agency shall
be the amount determined under clause (i).
‘‘(iii) For small local educational agencies,
the State educational agency may either—
‘‘(I) distribute grants under this sec-
tion in amounts determined by the Sec-
retary under clause (i); or
‘‘(II) use an alternative method ap-
proved by the Secretary to distribute the
portion of the State’s total grants under this
section that is based on those small agen-
cies.
135
‘‘(iv) An alternative method under clause
(iii)(II) shall be based on population data that
the State educational agency determines best re-
flect the current distribution of children in poor
families among the State’s small local edu-
cational agencies that meet the eligibility criteria
of subsection (b).
‘‘(v) If a small local educational agency is
dissatisfied with the determination of its grant
by the State educational agency under clause
(iii)(II), it may appeal that determination to the
Secretary, who shall respond not later than 45
days after receipt of such appeal.
‘‘(vi) As used in this subparagraph—
‘‘(I) the term ‘large local educational
agency’ means a local educational agency
serving an area with a total population of
20,000 or more; and
‘‘(II) the term ‘small local educational
agency’ means a local educational agency
serving an area with a total population of
less than 20,000.
‘‘(3) ALLOCATIONS TO COUNTIES.—
‘‘(A) CALCULATION.—For any fiscal year to
which this paragraph applies, the Secretary shall
136
calculate grants under this section on the basis
of the number of children counted under section
1124(c) for counties, and State educational agen-
cies shall suballocate county amounts to local
educational agencies, in accordance with regula-
tions issued by the Secretary.
‘‘(B) DIRECT ALLOCATIONS.—In any State in
which a large number of local educational agencies
overlap county boundaries, or for which the State be-
lieves it has data that would better target funds than
allocating them by county, the State educational
agency may apply to the Secretary for authority to
make the allocations under this part for a particular
fiscal year directly to local educational agencies with-
out regard to counties.
‘‘(C) ASSURANCES.—If the Secretary approves
the State educational agency’s application under sub-
paragraph (B), the State educational agency shall
provide the Secretary an assurance that such alloca-
tions shall be made—
‘‘(i) using precisely the same factors for de-
termining a grant as are used under this part;
or
137
‘‘(ii) using data that the State educational
agency submits to the Secretary for approval
that more accurately target poverty.
‘‘(D) APPEAL.—The State educational agency
shall provide the Secretary an assurance that it shall
establish a procedure through which a local edu-
cational agency that is dissatisfied with its deter-
minations under subparagraph (B) may appeal di-
rectly to the Secretary for a final determination.
‘‘(4) PUERTO RICO.—
‘‘(A) IN GENERAL.—For each fiscal year,
the grant which the Commonwealth of Puerto
Rico shall be eligible to receive under this section
shall be the amount determined by multiplying
the number of children counted under subsection
(c) for the Commonwealth of Puerto Rico by the
product of—
‘‘(i) the percentage which the average per
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per pupil expend-
iture of any of the 50 States; and
‘‘(ii) 32 percent of the average per pupil ex-
penditure in the United States.
‘‘(B) MINIMUM PERCENTAGE.—The percentage in
subparagraph (A)(i) shall not be less than—
138
‘‘(i) for fiscal year 2000, 75.0 percent;
‘‘(ii) for fiscal year 2001, 77.5 percent;
‘‘(iii) for fiscal year 2002, 80.0 percent;
‘‘(iv) for fiscal year 2003, 82.5 percent;
‘‘(v) for fiscal year 2004 and succeeding fis-
cal years, 85.0 percent.
‘‘(C) LIMITATION.—If the application of sub-
paragraph (B) would result in any of the 50 States
or the District of Columbia receiving less under this
part than it received under this part for the preceding
fiscal year, the percentage in subparagraph (A) shall
be the greater of the percentage in subparagraph
(A)(i) or the percentage used for the preceding fiscal
year.
‘‘(5) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include Guam,
American Samoa, the Virgin Islands, and the North-
ern Mariana Islands.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—
A local educational agency is eligible for a basic grant
under this section for any fiscal year only if the number
of children counted under subsection (c) for that agency is
both—
‘‘(1) 10 or more; and
139
‘‘(2) more than 2 percent of the total school-age
population in the agency’s jurisdiction.
‘‘(c) CHILDREN TO BE COUNTED.—
‘‘(1) CATEGORIES OF CHILDREN.—The number
of children to be counted for purposes of this section
is the aggregate of—
‘‘(A) the number of children aged 5 to 17,
inclusive, in the school district of the local edu-
cational agency from families below the poverty
level as determined under paragraph (2); and
‘‘(B) the number of children (determined
under paragraph (4) for either the preceding
year as described in that paragraph, or for the
second preceding year, as the Secretary finds ap-
propriate) aged 5 to 17, inclusive, in the school
district of such agency in institutions for ne-
glected and delinquent children (other than such
institutions operated by the United States), but
not counted pursuant to subpart 1 of part D for
the purposes of a grant to a State agency, or
being supported in foster homes with public
funds.
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—For the purposes of this section, the Secretary
shall determine the number of children aged 5 to 17,
140
inclusive, from families below the poverty level on the
basis of the most recent satisfactory data, described in
paragraph (3), available from the Department of
Commerce. The District of Columbia and the Com-
monwealth of Puerto Rico shall be treated as indi-
vidual local educational agencies. If a local edu-
cational agency contains two or more counties in
their entirety, then each county will be treated as if
such county were a separate local educational agency
for purposes of calculating grants under this part.
The total of grants for such counties shall be allocated
to such a local educational agency, which local edu-
cational agency shall distribute to schools in each
county within such agency a share of the local edu-
cational agency’s total grant that is no less than the
county’s share of the population counts used to cal-
culate the local educational agency’s grant.
‘‘(3) POPULATION
UPDATES.—In fiscal year
2001 and every 2 years thereafter, the Secretary shall
use updated data on the number of children, aged 5
to 17, inclusive, from families below the poverty level
for local educational agencies or counties, published
by the Department of Commerce, unless the Secretary
and the Secretary of Commerce determine that use of
the updated population data would be inappropriate
141
or unreliable. If the Secretary and the Secretary of
Commerce determine that some or all of the data re-
ferred to in this paragraph are inappropriate or un-
reliable, they shall publicly disclose their reasons. In
determining the families which are below the poverty
level, the Secretary shall utilize the criteria of poverty
used by the Bureau of the Census in compiling the
most recent decennial census, in such form as those
criteria have been updated by increases in the Con-
sumer Price Index for all urban consumers, published
by the Bureau of Labor Statistics.
‘‘(4) OTHER CHILDREN TO BE COUNTED.—The
Secretary shall determine the number of children aged
5 through 17 living in institutions for neglected or de-
linquent children, or being supported in foster homes
with public funds, on the basis of the caseload data
for the month of October of the preceding fiscal year
or, to the extent that such data are not available to
the Secretary before January of the calendar year in
which the Secretary’s determination is made, then on
the basis of the most recent reliable data available to
the Secretary at the time of such determination. The
Secretary of Health and Human Services shall collect
and transmit the information required by this sub-
paragraph to the Secretary not later than January 1
142
of each year. For the purpose of this section, the Sec-
retary shall consider all children who are in correc-
tional institutions to be living in institutions for de-
linquent children.
‘‘(5) ESTIMATE.—When requested by the Sec-
retary, the Secretary of Commerce shall make a spe-
cial updated estimate of the number of children of
such ages who are from families below the poverty
level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary
is authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of
making this special estimate. The Secretary of Com-
merce shall give consideration to any request of the
chief executive of a State for the collection of addi-
tional census information.
‘‘(d) STATE MINIMUM.—Notwithstanding section 1122,
the aggregate amount allotted for all local educational agen-
cies within a State may not be less than the lesser of—
‘‘(1) 0.25 percent of total grants under this sec-
tion; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available for such fiscal year under this
section; and
143
‘‘(B) the number of children in such State
counted under subsection (c) in the fiscal year
multiplied by 150 percent of the national aver-
age per pupil payment made with funds avail-
able under this section for that year.’’.
SEC. 122. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334 et seq.) is amended to
read as follows:
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1) IN GENERAL.—(A) Except as otherwise pro-
vided in this paragraph, each local educational agen-
cy, in a State other than Guam, American Samoa,
the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, which is eligible for a
grant under section 1124 for any fiscal year is eligi-
ble for an additional grant under this section for that
fiscal year if the number of children counted under
section 1124(c) in the agency exceeds either—
‘‘(i) 6,500; or
‘‘(ii) 15 percent of the total number of chil-
dren aged 5 through 17 in the agency.
144
‘‘(B) Notwithstanding section 1122, no State de-
scribed in subparagraph (A) shall receive less than the
lesser of—
‘‘(i) 0.25 percent of total grants; or
‘‘(ii) the average of—
‘‘(I) one-quarter of 1 percent of the
sums available to carry out this section for
such fiscal year; and
‘‘(II) the greater of—
‘‘(aa) $340,000; or
‘‘(bb) the number of children in
such State counted for purposes of this
section in that fiscal year multiplied
by 150 percent of the national average
per pupil payment made with funds
available under this section for that
year.
‘‘(2) SPECIAL RULE.—For each county or local
educational agency eligible to receive an additional
grant under this section for any fiscal year the Sec-
retary shall determine the product of—
‘‘(A) the number of children counted under
section 1124(c) for that fiscal year; and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agencies
145
under section 1124(a)(1) for the fiscal year for
which the determination is being made divided
by the total number of children counted under
section 1124(c) for that agency for that fiscal
year.
‘‘(3) AMOUNT.—The amount of the additional
grant for which an eligible local educational agency
or county is eligible under this section for any fiscal
year shall be an amount which bears the same ratio
to the amount available to carry out this section for
that fiscal year as the product determined under
paragraph (2) for such local educational agency for
that fiscal year bears to the sum of such products for
all local educational agencies in the United States for
that fiscal year.
‘‘(4) LOCAL ALLOCATIONS.—(A) Grant amounts
under this section shall be determined in accordance
with section 1124(a)(2) and (3).
‘‘(B) For any fiscal year for which the Secretary
allocates funds under this section on the basis of coun-
ties, a State may reserve not more than 2 percent of
its allocation under this section to make grants to
local educational agencies that meet the criteria of
paragraph (1)(A)(i) or (ii) but that are in ineligible
counties that do not meet these criteria.
146
‘‘(b) STATES
RECEIVING
MINIMUM
GRANTS.—In
States that receive the minimum grant under subsection
(a)(1)(B), the State educational agency shall allocate such
funds among the local educational agencies in each State
either—
‘‘(1) in accordance with paragraphs (2) and (4)
of subsection (a); or
‘‘(2) based on their respective concentrations and
numbers of children counted under section 1124(c),
except that only those local educational agencies with
concentrations or numbers of children counted under
section 1124(c) that exceed the statewide average per-
centage of such children or the statewide average
number of such children shall receive any funds on
the basis of this paragraph.’’.
SEC. 123. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335 et seq.) is amended to
read as follows:
‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
‘‘(a) ELIGIBILITY
OF LOCAL EDUCATIONAL AGEN-
CIES.—A local educational agency in a State is eligible to
receive a targeted grant under this section for any fiscal
year if the number of children in the local educational agen-
cy counted under subsection 1124(c), before application of
147
the weighting factor described in subsection (c), is at least
10, and if the number of children counted for grants under
section 1124 is at least 5 percent of the total population
aged 5 to 17 years, inclusive, in the local educational agen-
cy. For each fiscal year for which the Secretary uses county
population data to calculate grants, funds made available
as a result of applying this subsection shall be reallocated
by the State educational agency to other eligible local edu-
cational agencies in the State in proportion to the distribu-
tion of other funds under this section.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—
‘‘(1) IN
GENERAL.—The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of—
‘‘(A) the weighted child count determined
under subsection (c); and
‘‘(B) 
the 
amount 
in 
paragraph
1124(a)(1)(B).
‘‘(2) PUERTO RICO.—For each fiscal year, the
amount of the grant for which the Commonwealth of
Puerto Rico is eligible under this section shall be
equal to the number of children counted under sub-
148
section (c) for Puerto Rico, multiplied by the amount
determined in subparagraph 1124(a)(4).
‘‘(c) WEIGHTED CHILD COUNT.—
‘‘(1) WEIGHTS
FOR
ALLOCATIONS
TO
COUN-
TIES.—
‘‘(A) IN GENERAL.—For each fiscal year for
which the Secretary uses county population data
to calculate grants, the weighted child count used
to determine a county’s allocation under this sec-
tion is the larger of the two amounts determined
under clause (i) or (ii), as follows:
‘‘(i) BY PERCENTAGE OF CHILDREN.—
This amount is determined by adding—
‘‘(I) the number of children deter-
mined under section 1124(c) for that
county constituting up to 12.20 per-
cent, inclusive, of the county’s total
population aged 5 to 17, inclusive,
multiplied by 1.0;
‘‘(II) the number of such children
constituting more than 12.20 percent,
but not more than 17.70 percent, of
such population, multiplied by 1.75;
‘‘(III) the number of such children
constituting more than 17.70 percent,
149
but not more than 22.80 percent, of
such population, multiplied by 2.5;
‘‘(IV) the number of such children
constituting more than 22.80 percent,
but not more than 29.70 percent, of
such population, multiplied by 3.25;
and
‘‘(V) the number of such children
constituting more than 29.70 percent of
such population, multiplied by 4.0.
‘‘(ii) BY NUMBER OF CHILDREN.—This
amount is determined by adding—
‘‘(I) the number of children deter-
mined under section 1124(c) consti-
tuting up to 1,917, inclusive, of the
county’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
‘‘(II) the number of such children
between 1,918 and 5,938, inclusive, in
such population, multiplied by 1.5;
‘‘(III) the number of such children
between 5,939 and 20,199, inclusive, in
such population, multiplied by 2.0;
‘‘(IV) the number of such children
between 20,200 and 77,999, inclusive,
150
in such population, multiplied by 2.5;
and
‘‘(V) the number of such children
in excess of 77,999 in such population,
multiplied by 3.0.
‘‘(B) PUERTO RICO.—Notwithstanding sub-
paragraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children counted
under subsection 1124(c) multiplied by 1.72.
‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDU-
CATIONAL AGENCIES.—
‘‘(A) IN GENERAL.—For each fiscal year for
which the Secretary uses local educational agen-
cy data, the weighted child count used to deter-
mine a local educational agency’s grant under
this section is the larger of the two amounts de-
termined under clauses (i) and (ii), as follows:
‘‘(i) BY PERCENTAGE OF CHILDREN.—
This amount is determined by adding—
‘‘(I) the number of children deter-
mined under section 1124(c) for that
local educational agency constituting
up to 14.265 percent, inclusive, of the
151
agency’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
‘‘(II) the number of such children
constituting more than 14.265 percent,
but not more than 21.553 percent, of
such population, multiplied by 1.75;
‘‘(III) the number of such children
constituting more than 21.553 percent,
but not more than 29.223 percent, of
such population, multiplied by 2.5;
‘‘(IV) the number of such children
constituting more than 29.223 percent,
but not more than 36.538 percent, of
such population, multiplied by 3.25;
and
‘‘(V) the number of such children
constituting more than 36.538 percent
of such population, multiplied by 4.0.
‘‘(ii) BY NUMBER OF CHILDREN.—This
amount is determined by adding—
‘‘(I) the number of children deter-
mined under section 1124(c) consti-
tuting up to 575, inclusive, of the
agency’s total population aged 5 to 17,
inclusive, multiplied by 1.0;
152
‘‘(II) the number of such children
between 576 and 1,870, inclusive, in
such population, multiplied by 1.5;
‘‘(III) the number of such children
between 1,871 and 6,910, inclusive, in
such population, multiplied by 2.0;
‘‘(IV) the number of such children
between 6,911 and 42,000, inclusive, in
such population, multiplied by 2.5;
and
‘‘(V) the number of such children
in excess of 42,000 in such population,
multiplied by 3.0.
‘‘(B) PUERTO RICO.—Notwithstanding sub-
paragraph (A), the weighted child count for
Puerto Rico under this paragraph shall not be
greater than the total number of children counted
under section 1124(c) multiplied by 1.72.
‘‘(d) CALCULATION
OF GRANT AMOUNTS.—Grants
under this section shall be calculated in accordance with
section 1124(a)(2) and (3).
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section or section 1122, from the total
amount available for any fiscal year to carry out this sec-
tion, each State shall be allotted at least the lesser of—
153
‘‘(1) 0.25 percent of total appropriations; or
‘‘(2) the average of—
‘‘(A) one-quarter of 1 percent of the total
amount available to carry out this section; and
‘‘(B) 150 percent of the national average
grant under this section per child described in
section 1124(c), without application of a
weighting factor, multiplied by the State’s total
number of children described in section 1124(c),
without application of a weighting factor.’’.
SEC. 124. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337 et seq.) is amended to
read as follows:
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—
‘‘(1) IN GENERAL.—If a State educational agen-
cy determines that a local educational agency in the
State is unable or unwilling to provide for the special
educational needs of children who are living in insti-
tutions for neglected children as described in subpara-
graph (B) of section 1124(c)(1), the State educational
agency shall, if such agency assumes responsibility for
the special educational needs of such children, receive
the portion of such local educational agency’s alloca-
154
tion under sections 1124, 1124A, and 1125 that is at-
tributable to such children.
‘‘(2) SPECIAL RULE.—If the State educational
agency does not assume such responsibility, any other
State or local public agency that does assume such re-
sponsibility shall receive that portion of the local edu-
cational agency’s allocation.
‘‘(b) ALLOCATIONS
AMONG
LOCAL
EDUCATIONAL
AGENCIES.—The State educational agency may allocate the
amounts of grants under sections 1124, 1124A, and 1125
among the affected local educational agencies—
‘‘(1) if two or more local educational agencies
serve, in whole or in part, the same geographical
area;
‘‘(2) if a local educational agency provides free
public education for children who reside in the school
district of another local educational agency; or
‘‘(3) to reflect the merger, creation, or change of
boundaries of one or more local educational agencies.
‘‘(c) REALLOCATION.—If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125
is more than such local agency will use, the State edu-
cational agency shall make the excess amount available to
other local educational agencies in the State that need addi-
155
tional funds in accordance with criteria established by the
State educational agency.’’.
SEC. 125. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
Part A is amended by adding at the end the following:
‘‘SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
‘‘Any school that receives funds under this part shall
ensure that educational services or other benefits provided
under this part, including materials and equipment, shall
be secular, neutral, and nonideological.’’.
PART B—EDUCATION OF MIGRATORY CHILDREN
SEC. 131. STATE ALLOCATIONS.
Section 1303 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6393) is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) STATE ALLOCATIONS.—
‘‘(1) FISCAL YEAR 2000.—For fiscal year 2000,
each State (other than the Commonwealth of Puerto
Rico) is entitled to receive under this part an amount
equal to—
‘‘(A) the sum of the estimated number of
migratory children aged three through 21 who
reside in the State full time and the full-time
equivalent of the estimated number of migratory
children aged three through 21 who reside in the
156
State part time, as determined in accordance
with subsection (e); multiplied by
‘‘(B) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount
determined under this paragraph shall not be
less than 32 percent, nor more than 48 percent,
of the average expenditure per pupil in the
United States.
‘‘(2) SUBSEQUENT YEARS.—
‘‘(A) BASE AMOUNT.—
‘‘(i) IN GENERAL.—Except as provided
in subsection (b) and clause (ii), each State
is entitled to receive under this part, for fis-
cal year 2001 and succeeding fiscal years,
an amount equal to—
‘‘(I) the amount that such State
received under this part for fiscal year
2000; plus
‘‘(II) the amount allocated to the
State under subparagraph (B).
‘‘(ii) NONPARTICIPATING STATES.—In
the case of a State (other than the Common-
wealth of Puerto Rico) that did not receive
any funds for fiscal year 2000 under this
part, the State shall receive, for fiscal year
157
2001 and succeeding fiscal years, an
amount equal to—
‘‘(I) the amount that such State
would have received under this part for
fiscal year 2000 if its application
under section 1304 for the year had
been approved; plus
‘‘(II) the amount allocated to the
State under subparagraph (B).
‘‘(B) 
ALLOCATION
OF
ADDITIONAL
AMOUNT.—For fiscal year 2001 and succeeding
fiscal years, the amount (if any) by which the
funds appropriated to carry out this part for the
year exceed such funds for fiscal year 2000 shall
be allocated to a State (other than the Common-
wealth of Puerto Rico) so that the State receives
an amount equal to—
‘‘(i) the sum of—
‘‘(I) the number of identified eligi-
ble migratory children, aged 3 through
21, residing in the State during the
previous year; and
‘‘(II) the number of identified eli-
gible 
migratory 
children, 
aged 
through 21, who received services under
158
this part in summer or intersession
programs provided by the State during
such year; multiplied by
‘‘(ii) 40 percent of the average per-
pupil expenditure in the State, except that
the amount determined under this clause
may not be less than 32 percent, or more
than 48 percent, of the average expenditure
per-pupil in the United States.’’;
(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) ALLOCATION TO PUERTO RICO.—
‘‘(1) FISCAL YEAR 2000.—For fiscal year 2000,
the grant which the Commonwealth of Puerto Rico
shall be eligible to receive under this section shall be
the amount determined by multiplying the number of
children counted under subsection (a)(1)(A) for the
Commonwealth of Puerto Rico by the product of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per pupil expend-
iture of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil ex-
penditure in the United States.
159
‘‘(2) SUBSEQUENT FISCAL YEARS.—For each fis-
cal year after fiscal year 2000, the grant which the
Commonwealth of Puerto Rico shall be eligible to re-
ceive under this section shall be the amount deter-
mined by multiplying the number of children counted
under subsection (a)(2)(B)(i)(I) and (a)(2)(B)(i)(II)
for the Commonwealth of Puerto Rico during the pre-
vious fiscal year, by the product of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per pupil expend-
iture of any of the 50 States; and
‘‘(B) 32 percent of the average per pupil ex-
penditure in the United States.
‘‘(3) MINIMUM ALLOCATION.—
‘‘(A) FISCAL YEAR 2000.—The percentage in
paragraph (1)(A) shall not be less than 75.0 per-
cent.
‘‘(B) SUBSEQUENT
FISCAL
YEARS.—The
percentage in paragraph (2)(A) shall not be less
than—
‘‘(i) for fiscal year 2001, 77.5 percent;
‘‘(ii) for fiscal year 2002, 80.0 percent;
‘‘(iii) for fiscal year 2003, 82.5 per-
cent; and
160
‘‘(iv) for fiscal year 2004 and suc-
ceeding fiscal years, 85.0 percent.
‘‘(4) SPECIAL RULE.—If the application of para-
graph (3) would result in any of the 50 States or the
District of Columbia receiving less under this part
than it recieved under this part for the preceding fis-
cal year, the percentage in paragraph (1) or (2), re-
spectively, shall be the greater of the percentage in
paragraph (1)(A) or (2)(A) the percentage used for
the preceding fiscal year.’’; and
(3) by striking subsections (d) and (e).
SEC. 132. STATE APPLICATIONS; SERVICES.
(a) PROGRAM INFORMATION.—Section 1304(b) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6394(b)) is amended—
(1) in paragraph (1), by striking ‘‘addressed
through’’ and all that follows through the semicolon at
the end and inserting the following:
‘‘addressed through—
‘‘(A) the full range of services that are
available for migratory children from appro-
priate local, State, and Federal educational pro-
grams;
‘‘(B) joint planning among local, State, and
Federal educational programs serving migrant
161
children, including programs under parts A and
C of title VII;
‘‘(C) the integration of services available
under this part with services provided by those
other programs; and
‘‘(D) measurable program goals and out-
comes;’’;
(2) in paragraph (5), by striking ‘‘the require-
ments of paragraph (1); and’’ and inserting ‘‘the
numbers and needs of migratory children, the require-
ments of subsection (d), and the availability of funds
from other Federal, State, and local programs;’’;
(3) in paragraph (6), by striking the period at
the end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(7) a description of how the State will encour-
age programs and projects assisted under this part to
offer family literacy services if the program or project
serves a substantial number of migratory children
who have parents who do not have a high school di-
ploma or its recognized equivalent or who have low
levels of literacy.’’.
(b) ASSURANCES.—Section 1304(c) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6394(c))
is amended—
162
(1) in paragraph (1), by striking ‘‘1306(b)(1);’’
and inserting ‘‘1306(a);’’;
(2) in paragraph (3)—
(A) by striking ‘‘appropriate’’;
(B) by striking ‘‘out, to the extent feasible,’’
and inserting ‘‘out’’; and
(C) by striking ‘‘1118;’’ and inserting
‘‘1118, unless extraordinary circumstances make
implementation consistent with such section im-
practical;’’; and
(3) in paragraph (7), by striking ‘‘section
1303(e)’’ and inserting ‘‘paragraphs (1)(A) and
(2)(B)(i) of section 1303(a)’’.
SEC. 133. AUTHORIZED ACTIVITIES.
Section 1306 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6396) is amended to read
as follows:
‘‘SEC. 1306. AUTHORIZED ACTIVITIES.
‘‘(a) IN GENERAL.—
‘‘(1) 
FLEXIBILITY.—Each 
State 
educational
agency, through its local educational agencies, shall
have the flexibility to determine the activities to be
provided with funds made available under this part,
except that such funds shall first be used to meet the
identified needs of migratory children that result from
163
their migratory lifestyle, and to permit these children
to participate effectively in school.
‘‘(2) UNADDRESSED
NEEDS.—Funds provided
under this part shall be used to address the needs of
migratory children that are not addressed by services
available from other Federal or non-Federal pro-
grams, except that migratory children who are eligible
to receive services under part A of this title may re-
ceive those services through funds provided under that
part, or through funds under this part that remain
after the agency addresses the needs described in
paragraph (1).
‘‘(b) CONSTRUCTION.—Nothing in this part shall be
construed to prohibit a local educational agency from serv-
ing migratory children simultaneously with students with
similar educational needs in the same educational settings,
where appropriate.
‘‘(c) SPECIAL RULE.—Notwithstanding section 1114,
a school that receives funds under this part shall continue
to address the identified needs described in subsection
(a)(1).’’.
SEC. 134. COORDINATION OF MIGRANT EDUCATION ACTIVI-
TIES.
(a) DURATION.—Section 1308(a)(2) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
164
6398(a)(2)) is amended by striking ‘‘subpart’’ and inserting
‘‘subsection’’.
(b) STUDENT RECORDS.—Section 1308(b) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
6398(b)) is amended to read as follows:
‘‘(b) STUDENT RECORDS.—
‘‘(1) ASSISTANCE.—The Secretary shall assist
States in developing effective methods for the transfer
of student records and in determining the number of
migratory children in each State. The Secretary, in
consultation with the States, shall determine the min-
imum data elements for records to be maintained and
transferred when funds under this part are used for
such purpose. The Secretary may assist States to im-
plement a system of electronic records maintenance
and transfer for migrant students.
‘‘(2) NO
COST
FOR
CERTAIN
TRANSFERS.—A
State educational agency or local educational agency
receiving assistance under this part shall make stu-
dent records available to another local educational
agency that requests the records at no cost to the re-
questing agency, if the request is made in order to
meet the needs of a migratory child.’’.
(c) AVAILABILITY OF FUNDS.—Section 1308(c) of the
Elementary and Secondary Education Act of 1965 (20
165
U.S.C. 6398(c)) is amended by striking ‘‘$6,000,000’’ and
inserting ‘‘$10,000,000’’.
(d) INCENTIVE GRANTS.—Section 1308(d) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
6398(d)) is amended to read as follows:
‘‘(d) INCENTIVE GRANTS.—From the amounts made
available to carry out this section for any fiscal year, the
Secretary may reserve not more than $3,000,000 to award
grants of not more than $250,000 on a competitive basis
to State educational agencies that propose a consortium ar-
rangement with another State or other appropriate entity
that the Secretary determines, pursuant to criteria that the
Secretary shall establish, will improve the delivery of serv-
ices to migratory children whose education is interrupted.’’.
PART C—NEGLECTED OR DELINQUENT YOUTH
SEC. 141. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read
as follows:
‘‘PART D—PREVENTION AND INTERVENTION PRO-
GRAMS FOR NEGLECTED OR DELINQUENT
CHILDREN AND YOUTH’’.
SEC. 142. FINDINGS.
Section 1401(a) is amended—
166
(1) in paragraph (3), by striking the following
‘‘Preventing students from dropping out of local
schools and addressing’’ and inserting ‘‘Addressing’’;
(2) by striking paragraphs (6) through (9) and
adding the following:
‘‘(6) Youth returning from correctional facilities
need to be involved in programs that provide them
with high level skills and other support to help them
stay in school and complete their education.’’.
SEC. 143. ALLOCATION OF FUNDS.
Section 1412(b) is amended to read as follows:
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—
‘‘(1) IN
GENERAL.—For each fiscal year, the
amount of the subgrant for which a State agency in
the Commonwealth of Puerto Rico shall be eligible to
receive under this part shall be the amount deter-
mined by multiplying the number of children counted
under subparagraph (a)(1)(A) for the Commonwealth
of Puerto Rico by the product of—
‘‘(A) the percentage which the average per
pupil expenditure in the Commonwealth of Puer-
to Rico is of the lowest average per pupil expend-
iture of any of the 50 States; and
167
‘‘(B) 32 percent of the average per pupil ex-
penditure in the United States.
‘‘(2) MINIMUM ALLOCATION.—The percentage in
paragraph (1)(A) shall not be less than—
‘‘(A) for fiscal year 2000, 75.0 percent;
‘‘(B) for fiscal year 2001, 77.5 percent;
‘‘(C) for fiscal year 2002, 80.0 percent;
‘‘(D) for fiscal year 2003, 82.5 percent; and
‘‘(E) for fiscal year 2004 and succeeding fis-
cal years, 85.0 percent.
‘‘(3) SPECIAL RULE.—If the application of para-
graph (2) would result in any of the 50 States or the
District of Columbia receiving less under this part
than it received under this part for the preceding fis-
cal year, the percentage in paragraph (1) shall be the
greater of the percentage in paragraph (1)(A) or the
percentage used for the preceding fiscal year.’’.
SEC. 144. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 is amended to read as follows:
‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICA-
TIONS.
‘‘(a) STATE PLAN.—
‘‘(1) IN
GENERAL.—Each State educational
agency that desires to receive a grant under this part
shall submit, for approval by the Secretary, a plan
168
for meeting the educational needs of neglected and de-
linquent youth, for assisting in their transition from
institutions to locally operated programs, and which
is integrated with other programs under this Act or
other Acts, as appropriate, consistent with section
14306.
‘‘(2) CONTENTS.—Each such State plan shall—
‘‘(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the effectiveness
of the program in improving academic and voca-
tional and technical skills of children in the pro-
gram;
‘‘(B) provide that, to the extent feasible,
such children will have the same opportunities to
learn as such children would have if such chil-
dren were in the schools of local educational
agencies in the State; and
‘‘(C) contain assurances that the State edu-
cational agency will—
‘‘(i) ensure that programs assisted
under this part will be carried out in ac-
cordance with the State plan described in
this subsection;
169
‘‘(ii) carry out the evaluation require-
ments of section 1416;
‘‘(iii) ensure that the State agencies re-
ceiving subgrants under this subpart com-
ply with all applicable statutory and regu-
latory requirements; and
‘‘(iv) provide such other information as
the Secretary may reasonably require.
‘‘(3) DURATION OF THE PLAN.—Each such State
plan shall—
‘‘(A) remain in effect for the duration of the
State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes in
the State’s strategies and programs under this
part.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—
‘‘(1) IN GENERAL.—The Secretary shall approve
each State plan that meets the requirements of this
part.
‘‘(2) PEER REVIEW.—The Secretary may review
any State plan with the assistance and advice of in-
dividuals with relevant expertise.
‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen-
cy that desires to receive funds to carry out a program
170
under this part shall submit an application to the State
educational agency that—
‘‘(1) describes the procedures to be used, con-
sistent with the State plan under section 1111, to as-
sess the educational needs of the children to be served;
‘‘(2) provides assurances that in making services
available to youth in adult correctional facilities, pri-
ority will be given to such youth who are likely to
complete incarceration within a 2-year period;
‘‘(3) describes the program, including a budget
for the first year of the program, with annual updates
to be provided to the State educational agency;
‘‘(4) describes how the program will meet the
goals and objectives of the State plan under this sub-
part;
‘‘(5) describes how the State agency will consult
with experts and provide the necessary training for
appropriate staff, to ensure that the planning and op-
eration of institution-wide projects under section 1416
are of high quality;
‘‘(6) describes how the agency will carry out the
evaluation requirements of section 14701 and how the
results of the most recent evaluation are used to plan
and improve the program;
171
‘‘(7) includes data showing that the agency has
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 14501 of
this title;
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
grams, such as programs under the Job Training
Partnership Act or title I of the Workforce Investment
Act of 1998, vocational and technical education pro-
grams, State and local dropout prevention programs,
and special education programs;
‘‘(9) describes how States will encourage correc-
tional facilities receiving funds under this subpart to
coordinate with local educational agencies or alter-
native education programs attended by incarcerated
youth prior to their incarceration to ensure that stu-
dent assessments and appropriate academic records
are shared jointly between the correctional facility
and the local educational agency or alternative edu-
cation program;
‘‘(10) describes how appropriate professional de-
velopment will be provided to teachers and other staff;
‘‘(11) designates an individual in each affected
institution to be responsible for issues relating to the
172
transition of children and youth from the institution
to locally operated programs;
‘‘(12) describes how the agency will, endeavor to
coordinate with businesses for training and men-
toring for participating youth;
‘‘(13) provides assurances that the agency will
assist in locating alternative programs through which
students can continue their education if students are
not returning to school after leaving the correctional
facility;
‘‘(14) provides assurances that the agency will
work with parents to secure parents’ assistance in im-
proving the educational achievement of their children
and preventing their children’s further involvement in
delinquent activities;
‘‘(15) provides assurances that the agency works
with special education youth in order to meet an ex-
isting individualized education program and an as-
surance that the agency will notify the youth’s local
school if such youth—
‘‘(A) is identified as in need of special edu-
cation services while the youth is in the facility;
and
‘‘(B) intends to return to the local school;
173
‘‘(16) provides assurances that the agency will
work with youth who dropped out of school before en-
tering the facility to encourage the youth to reenter
school once the term of the youth has been completed
or provide the youth with the skills necessary to gain
employment, continue the education of the youth, or
achieve a secondary school diploma or the recognized
equivalent if the youth does not intend to return to
school;
‘‘(17) provides assurances that teachers and other
qualified staff are also trained to work with children
with disabilities and other students with special needs
taking into consideration the unique needs of such
students;
‘‘(18) describes any additional services provided
to youth, such as career counseling, distance learning,
and assistance in securing student loans and grants;
and
‘‘(19) provides assurances that the program
under this subpart will be coordinated with any pro-
grams operated under the Juvenile Justice and Delin-
quency Prevention Act of 1974 or other comparable
programs, if applicable.’’.
SEC. 145. USE OF FUNDS.
Section 1415(a) is amended—
174
(1) in paragraph (1)(B), by inserting ‘‘and voca-
tional and technical training’’ after ‘‘secondary school
completion’’; and
(2) in paragraph (2)(B)—
(A) in clause (i), by inserting ‘‘and’’ after
the semicolon;
(B) in clause (ii), by striking ‘‘; and’’ and
inserting a period; and
(C) by striking clause (iii).
SEC. 146. PURPOSE.
Section 1421 is amended by striking paragraph (3)
and inserting the following:
‘‘(3) operate programs for youth returning from
correctional facilities in local schools which may also
serve youth at risk of dropping out of school.’’.
SEC. 147. TRANSITION SERVICES.
Section 1418(a) is amended by striking ‘‘10 percent’’
and inserting ‘‘15 percent’’.
SEC. 148. PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES.
Section 1422 is amended—
(1) in subsection (a), by striking ‘‘retained’’.
(2) by amending subsection (b) to read as fol-
lows:
175
‘‘(b) SPECIAL RULE.—A local educational agency
which includes a correctional facility that operates a school
is not required to operate a program of support for children
returning from such school to a school not operated by a
correctional agency but served by such local educational
agency if more than 30 percent of the youth attending the
school operated by the correctional facility will reside out-
side the boundaries of the local educational agency after
leaving such facility.’’.
(3) by adding at the end of section 1422 the fol-
lowing:
‘‘(d) TRANSITIONAL AND ACADEMIC SERVICES.—Tran-
sitional and supportive programs operated in local edu-
cational agencies under this subpart shall be designed pri-
marily to meet the transitional and academic needs of stu-
dents returning to local educational agencies or alternative
education programs from correctional facilities. Services to
students at risk of dropping out of school shall not have
a negative impact on meeting the transitional and aca-
demic needs of the students returning from correctional fa-
cilities.’’.
SEC. 149. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 is amended by striking paragraphs (4)
through (9) and inserting the following:
176
‘‘(4) a description of the program operated by
participating schools for children returning from cor-
rectional facilities and the types of services that such
schools will provide such youth and other at-risk
youth;
‘‘(5) a description of the youth returning from
correctional facilities and, as appropriate, other at-
risk youth expected to be served by the program and
how the school will coordinate existing educational
programs to meet the unique educational needs of
such youth;
‘‘(6) as appropriate, a description of how schools
will coordinate with existing social and other services
to meet the needs of students returning from correc-
tional facilities and other participating students;
‘‘(7) as appropriate, a description of any part-
nerships with local businesses to develop training,
curriculum-based youth entrepreneurship education
and mentoring services for participating students;
‘‘(8) as appropriate, a description of how pro-
grams will involve parents in efforts to improve the
educational achievement of their children, prevent the
involvement of their children in delinquent activities,
and encourage their children to remain in school and
complete their education;
177
‘‘(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as programs under the Job
Training Partnership Act or title I of the Workforce
Investment Act of 1998 and vocational and technical
education programs serving this at-risk population of
youth.’’.
SEC. 150. USES OF FUNDS.
Section 1424 is amended by striking paragraphs (1)
through (3) and inserting the following:
‘‘(1) programs that serve youth returning from
correctional facilities to local schools to assist in the
transition of such youth to the school environment
and help them remain in school in order to complete
their education;
‘‘(2) providing assistance to other youth at risk
of dropping out of school;
‘‘(3) the coordination of social and other services
for participating youth if the provision of such serv-
ices will improve the likelihood that such youth will
complete their education;
‘‘(4) special programs to meet the unique aca-
demic needs of participating youth, including voca-
tional and technical education, special education, ca-
reer counseling, curriculum-based youth entrepreneur-
178
ship education, and assistance in securing student
loans or grants for postsecondary education; and
‘‘(5) programs providing mentoring and peer
mediation.’’.
SEC. 151. PROGRAM REQUIREMENTS.
Section 1425 is amended—
(1) in paragraph (1), by striking ‘‘where feasible,
ensure educational programs’’ and inserting the fol-
lowing: ‘‘to the extent practicable, ensure that edu-
cational programs’’;
(2) in paragraph (3), by striking ‘‘where fea-
sible,’’ and inserting the following: ‘‘to the extent
practicable,’’;
(3) in paragraph (8), by striking ‘‘where fea-
sible,’’ and inserting the following: ‘‘to the extent
practicable,’’;
(4) in paragraph (9), by inserting ‘‘and tech-
nical’’ after ‘‘vocational’’; and
(5) by amending paragraph (11) to read as fol-
lows:
‘‘(11) if appropriate, work with local businesses
to develop training, curriculum-based youth entrepre-
neurship education, and mentoring programs for
youth.’’.
179
SEC. 152. ACCOUNTABILITY.
Section 1426(1) is amended by striking ‘‘male students
and for female students’’ and inserting ‘‘students’’.
SEC. 153. PROGRAM EVALUATIONS.
Section 1431(a) is amended by striking ‘‘sex, and if
feasible,’’ and inserting ‘‘gender,’’.
PART D—GENERAL PROVISIONS
SEC. 161. GENERAL PROVISIONS.
Part F of title I is amended to read as follows:
‘‘PART F—GENERAL PROVISIONS
‘‘SEC. 1601. FEDERAL REGULATIONS.
‘‘(a) IN GENERAL.—The Secretary is authorized to
issue such regulations as are necessary to reasonably ensure
that there is compliance with this title.
‘‘(b) NEGOTIATED RULEMAKING PROCESS.—
‘‘(1) IN GENERAL.—Prior to publishing in the
Federal Register proposed regulations to carry out
this title, the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers, para-
professionals, and members of local boards of edu-
cation involved with the implementation and oper-
ation of programs under this title.
‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—
Such advice and recommendation may be obtained
180
through such mechanisms as regional meetings and
electronic exchanges of information.
‘‘(3) PROPOSED REGULATIONS.—After obtaining
such advice and recommendations, and prior to pub-
lishing proposed regulations, the Secretary shall—
‘‘(A) establish a negotiated rulemaking
process on a minimum of three key issues,
including—
‘‘(i) accountability;
‘‘(ii) implementation of assessments;
‘‘(iii) use of paraprofessionals;
‘‘(B) select individuals to participate in
such process from among individuals or groups
which provided advice and recommendations, in-
cluding representation from all geographic re-
gions of the United States; and
‘‘(C) prepare a draft of proposed regulations
that shall be provided to the individuals selected
by the Secretary under subparagraph (B) not
less than 15 days prior to the first meeting
under such process.
‘‘(4) PROCESS.—Such process—
‘‘(A) shall be conducted in a timely manner
to ensure that final regulations are issued by the
Secretary not later than 1 year after the date of
181
the enactment of the Student Results Act of 1999;
and
‘‘(B) shall not be subject to the Federal Ad-
visory Committee Act but shall otherwise follow
the provisions of the Negotiated Rulemaking Act
of 1990 (5 U.S.C. 561 et seq.).
‘‘(5) EMERGENCY SITUATION.—In an emergency
situation in which regulations to carry out this title
must be issued within a very limited time to assist
State and local educational agencies with the oper-
ation of a program under this title, the Secretary
may issue proposed regulations without following
such process but shall, immediately thereafter and
prior to issuing final regulations, conduct regional
meetings to review such proposed regulations.
‘‘(c) LIMITATION.—Regulations to carry out this part
may not require local programs to follow a particular in-
structional model, such as the provision of services outside
the regular classroom or school program.
‘‘SEC. 1602. AGREEMENTS AND RECORDS.
‘‘(a) AGREEMENTS.—All published proposed regula-
tions shall conform to agreements that result from nego-
tiated rulemaking described in section 1601 unless the Sec-
retary reopens the negotiated rulemaking process or pro-
vides a written explanation to the participants involved in
182
the process explaining why the Secretary decided to depart
from and not adhere to such agreements.
‘‘(b) RECORDS.—The Secretary shall ensure that an
accurate and reliable record of agreements reached during
the negotiations process is maintained.
‘‘SEC. 1603. STATE ADMINISTRATION.
‘‘(a) RULEMAKING.—
‘‘(1) IN
GENERAL.—Each State that receives
funds under this title shall—
‘‘(A) ensure that any State rules, regula-
tions, and policies relating to this title conform
to the purposes of this title and provide any such
proposed rules, regulations, and policies to the
committee of practitioners under subsection (b)
for their review and comment;
‘‘(B) minimize such rules, regulations, and
policies to which their local educational agencies
and schools are subject;
‘‘(C) eliminate or modify State and local
fiscal accounting requirements in order to facili-
tate the ability of schools to consolidate funds
under schoolwide programs; and
(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
183
‘‘(2) SUPPORT AND FACILITATION.—State rules,
regulations, and policies under this title shall support
and facilitate local educational agency and school-
level systemic reform designed to enable all children
to meet the challenging State student performance
standards.
‘‘(b) COMMITTEE OF PRACTITIONERS.—
‘‘(1) IN
GENERAL.—Each State educational
agency shall create a State committee of practitioners
to advise the State in carrying out its responsibilities
under this title.
‘‘(2) MEMBERSHIP.—Each such committee shall
include—
‘‘(A) as a majority of its members, rep-
resentatives from local educational agencies;
‘‘(B) administrators, including the admin-
istrators of programs described in other parts of
this title;
‘‘(C) teachers, including vocational edu-
cators;
‘‘(D) parents;
‘‘(E) members of local boards of education;
‘‘(F) representatives of private school chil-
dren; and
‘‘(G) pupil services personnel.
184
‘‘(3) DUTIES.—The duties of such committee
shall include a review, prior to publication, of any
proposed or final State rule or regulation pursuant to
this title. In an emergency situation where such rule
or regulation must be issued within a very limited
time to assist local educational agencies with the op-
eration of the program under this title, the State edu-
cational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation prior to issuance in final form.
‘‘SEC. 1604. CONSTRUCTION.
‘‘(a) PROHIBITION OF FEDERAL MANDATES, DIREC-
TION, OR CONTROL.—Nothing in this title shall be construed
to authorize an officer or employee of the Federal Govern-
ment to mandate, direct, or control a State, local edu-
cational agency, or school’s specific instructional content or
pupil performance standards and assessments, curriculum,
or program of instruction as a condition of eligibility to
receive funds under this title.
‘‘(b) EQUALIZED SPENDING.—Nothing in this title
shall be construed to mandate equalized spending per pupil
for a State, local educational agency, or school.
185
‘‘(c) BUILDING STANDARDS.—Nothing in this title
shall be construed to mandate national school building
standards for a State, local educational agency, or school.
‘‘SEC. 1605. APPLICABILITY TO HOME SCHOOLS.
‘‘Nothing in this Act shall be construed to affect home
schools.
‘‘SEC. 
1606. 
GENERAL 
PROVISION 
REGARDING 
NON-
RECIPIENT NONPUBLIC SCHOOLS.
‘‘Nothing in this Act shall be construed to permit,
allow, encourage, or authorize any Federal control over any
aspect of any private, religious, or home school, whether or
not a home school is treated as a private school or home
school under State law. This section shall not be construed
to bar private, religious, or home schools from participation
in programs or services under this Act.
‘‘SEC. 1607. LOCAL ADMINISTRATIVE COST LIMITATION.
‘‘(a) LOCAL ADMINISTRATIVE COST LIMITATION.—
Each local educational agency may use not more than 4
percent of funds received under part A for administrative
expenses.
‘‘(b) REGULATIONS.—The Secretary, after consulting
with State and local officials and other experts in school
finance, shall develop and issue regulations that define the
term administrative cost for purposes of this title. Such def-
inition shall be consistent with generally accepted account-
186
ing principles. The Secretary shall publish final regulations
on this section not later than 1 year after the date of enact-
ment of the Student Results Act of 1999.
‘‘SEC. 1608. PROHIBITION ON MANDATORY NATIONAL CER-
TIFICATION OF TEACHERS AND PARAPROFES-
SIONALS.
‘‘(a) PROHIBITION ON MANDATORY TESTING OR CER-
TIFICATION.—Notwithstanding any other provision of law,
the Secretary is prohibited from using Federal funds to
plan, develop, implement, or administer any mandatory
national teacher or paraprofessional test or certification.
‘‘(b) PROHIBITION
ON WITHHOLDING FUNDS.—The
Secretary is prohibited from withholding funds from any
State or local educational agency if such State or local edu-
cational agency fails to adopt a specific method of teacher
or paraprofessional certification.
‘‘SEC. 1609. GAO STUDIES.
‘‘(a) STUDY ON PARAPROFESSIONALS.—The General
Accounting Office shall conduct a study of paraprofes-
sionals under part A of title I.
‘‘(b) STUDY ON PORTABILITY.—The General Account-
ing Office shall conduct a study regarding how funds made
available under this title could follow a child from school
to school.
187
‘‘(c) STUDY ON ELECTRONIC TRANSFER OF MIGRANT
STUDENT RECORDS.—The General Accounting Office shall
conduct a study on the feasibility of electronically transfer-
ring and maintaining migrant student records.
‘‘(d) EVALUATION
BY GENERAL ACCOUNTING OF-
FICE.—Not later than October 1, 2001, the Comptroller
General shall conduct a comprehensive analysis and evalua-
tion regarding the impact on this title of individual waivers
for schools, local educational agency waivers, and statewide
waivers granted pursuant to the Education Flexibility
Partnership Act of 1999 (20 U.S.C. 589a et seq.). The
Comptroller General shall submit a report to the Committee
on Education and the Workforce of the House of Representa-
tives. In conducting such analysis and evaluation, the
Comptroller General shall consider the following factors:
‘‘(1) CONSISTENCY.—The extent to which the
State’s educational flexibility plan is consistent with
ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards.
‘‘(2) STATE WAIVERS.—Evaluate the effect that
waivers of State law have on addressing the needs
and the performance of students in schools subject to
this title.
188
‘‘(3) ALLOCATION
OF
FUNDS.—The extent to
which waivers have affected the allocation of funds to
schools, including schools with the highest concentra-
tions of poverty, and schools with the highest edu-
cational needs, that are eligible to receive funds under
this title.
‘‘SEC. 1610. DEFINITIONS.
‘‘For purposes of this title—
‘‘(1) The term ‘Secretary’ means the Secretary of
Education.
‘‘(2) 
FULLY
QUALIFIED.—The 
term 
‘fully
qualified’—
‘‘(A) when used with respect to a public ele-
mentary or secondary school teacher (other than
a teacher teaching in a public charter school),
means that the teacher has obtained State certifi-
cation as a teacher (including certification ob-
tained through alternative routes to certification)
or passed the State teacher licensing exam and
holds a license to teach in such State; and
‘‘(B) when used with respect to —
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s de-
gree and demonstrates knowledge and teach-
ing skills in reading, writing, mathematics,
189
science, and other areas of the elementary
school curriculum; or
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
‘‘(I) a high level of performance
on a rigorous State or local academic
subject areas test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
‘‘(3) The term ‘scientifically-based research’—
‘‘(A) means the application of rigorous, sys-
tematic, and objective procedures; and
‘‘(B) shall include research that—
‘‘(i) employs systematic, empirical
methods that draw on observation or experi-
ment;
‘‘(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general conclu-
sions drawn;
190
‘‘(iii) relies on measurements or obser-
vational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
and
‘‘(iv) has been accepted by a peer-re-
viewed journal or approved by a panel of
independent experts through a comparably
rigorous, objective, and scientific review.
‘‘SEC. 1611. PAPERWORK REDUCTION.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) instruction and other classroom activities
provide the greatest opportunity for students, espe-
cially at-risk and disadvantaged students, to attain
high standards and achieve academic success;
‘‘(2) one of the greatest obstacles to establishing
an effective, classroom-centered education system is
the cost of paperwork compliance;
‘‘(3) paperwork places a burden on teachers and
administrators who must complete Federal and State
forms to apply for Federal funds and absorbs time
and money which otherwise would be spent on stu-
dents;
‘‘(4) the Education at a Crossroads Report re-
leased in 1998 by the Education Subcommittee on
191
Oversight and Investigations states that requirements
by the Department of Education result in more than
48.6 million hours of paperwork per year; and
‘‘(5) paperwork distracts from the mission of
schools, encumbers teachers and administrators with
nonacademic responsibilities, and competes with
teaching and classroom activities which promote
learning and achievement.
‘‘(b) SENSE OF CONGRESS.—It is the sense of the Con-
gress that Federal and State educational agencies should
reduce the paperwork requirements placed on schools, teach-
ers, principals, and other administrators.’’.
PART E—COMPREHENSIVE SCHOOL REFORM
SEC. 171. COMPREHENSIVE SCHOOL REFORM.
Title I is amended by adding at the end the following:
‘‘PART G—COMPREHENSIVE SCHOOL REFORM
‘‘SEC. 1701. COMPREHENSIVE SCHOOL REFORM.
‘‘(a) FINDINGS AND PURPOSE.—
‘‘(1) FINDINGS.—Congress finds the following:
‘‘(A) A number of schools across the country
have shown impressive gains in student perform-
ance through the use of comprehensive models for
schoolwide change that incorporate virtually all
aspects of school operations.
192
‘‘(B) No single comprehensive school reform
model may be suitable for every school, however,
schools should be encouraged to examine success-
ful, externally developed comprehensive school re-
form approaches as they undertake comprehen-
sive school reform.
‘‘(C) Comprehensive school reform is an im-
portant means by which children are assisted in
meeting challenging State student performance
standards.
‘‘(2) PURPOSE.—The purpose of this section is to
provide financial incentives for schools to develop
comprehensive school reforms, based upon scientif-
ically-based research and effective practices that in-
clude an emphasis on basic academics and parental
involvement so that all children can meet challenging
State content and performance standards.
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized
to provide grants to State educational agencies to
provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
‘‘(2) ALLOCATION.—
193
‘‘(A) RESERVATION.—Of the amount appro-
priated under this section, the Secretary may
reserve—
‘‘(i) not more than 1 percent for
schools supported by the Bureau of Indian
Affairs and in the United States Virgin Is-
lands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Is-
lands; and
‘‘(ii) not more than 1 percent to con-
duct national evaluation activities described
under subsection (e).
‘‘(B) IN GENERAL.—Of the amount of funds
remaining after the reservation under subpara-
graph (A), the Secretary shall allocate to each
State for a fiscal year, an amount that bears the
same ratio to the amount appropriated for that
fiscal year as the amount made available under
section 1124 to the State for the preceding fiscal
year bears to the total amount allocated under
section 1124 to all States for that year.
‘‘(C) REALLOCATION.—If a State does not
apply for funds under this section, the Secretary
shall reallocate any such funds to other States
that the Secretary considers in need of addi-
194
tional funds to carry out the purposes of this sec-
tion.
‘‘(c) STATE AWARDS.—
‘‘(1) STATE APPLICATION.—
‘‘(A) IN GENERAL.—Each State educational
agency that desires to receive a grant under this
section shall submit an application to the Sec-
retary at such time, in such manner and con-
taining such other information as the Secretary
may reasonably require.
‘‘(B) CONTENTS.—Each State application
shall also describe—
‘‘(i) the process and selection criteria
by which the State educational agency,
using expert review, will select local edu-
cational agencies to receive subgrants under
this section.
‘‘(ii) how the agency will ensure that
only comprehensive school reforms that are
based on scientifically-based research receive
funds under this section;
‘‘(iii) how the agency will disseminate
materials regarding information on com-
prehensive school reforms that are based on
scientifically-based research;
195
‘‘(iv) how the agency will evaluate the
implementation of such reforms and meas-
ure the extent to which the reforms resulted
in increased student academic performance;
and
‘‘(v) how the agency will provide, upon
request, technical assistance to the local edu-
cational agency in evaluating, developing,
and implementing comprehensive school re-
form.
‘‘(2) USES OF FUNDS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (E), a State educational agency
that receives an award under this section shall
use such funds to provide competitive grants to
local educational agencies receiving funds under
part A.
‘‘(B) GRANT REQUIREMENTS.—A grant to a
local educational agency shall be—
‘‘(i) of sufficient size and scope to sup-
port the initial costs for the particular com-
prehensive school reform plan selected or de-
signed by each school identified in the ap-
plication of the local educational agency;
196
‘‘(ii) in an amount not less than
$50,000 to each participating school; and
‘‘(iii) renewable for 2 additional 1-
year periods after the initial 1-year grant is
made if schools are making substantial
progress in the implementation of their re-
forms.
‘‘(C) PRIORITY.—The State, in awarding
grants under this paragraph, shall give priority
to local educational agencies that—
‘‘(i) plan to use the funds in schools
identified as being in need of improvement
or corrective action under section 1116(c);
and
‘‘(ii) demonstrate a commitment to as-
sist schools with budget allocation, profes-
sional development, and other strategies
necessary to ensure the comprehensive school
reforms are properly implemented and are
sustained in the future.
‘‘(D) GRANT CONSIDERATION.—In making
subgrant awards under this part, the State edu-
cational agency shall take into account the equi-
table distribution of awards to different geo-
graphic regions within the State, including
197
urban and rural areas, and to schools serving el-
ementary and secondary students.
‘‘(E) ADMINISTRATIVE
COSTS.—A State
educational agency that receives a grant award
under this section may reserve not more than 5
percent of such award for administrative, eval-
uation, and technical assistance expenses.
‘‘(F) SUPPLEMENT.—Funds made available
under this section shall be used to supplement,
not supplant, any other Federal, State, or local
funds that would otherwise be available to carry
out this section.
‘‘(3) REPORTING.—Each State educational agen-
cy that receives an award under this section shall
provide to the Secretary such information as the Sec-
retary may require, including the names of local edu-
cational agencies and schools selected to receive
subgrant awards under this section, the amount of
such award, and a description of the comprehensive
school reform model selected and in use.
‘‘(d) LOCAL AWARDS.—
‘‘(1) IN GENERAL.—Each local educational agen-
cy that applies for a subgrant under this section
shall—
198
‘‘(A) identify which schools eligible for
funds under part A plan to implement a com-
prehensive school reform program, including the
projected costs of such a program;
‘‘(B) describe the scientifically-based com-
prehensive school reforms that such schools will
implement;
‘‘(C) describe how the agency will provide
technical assistance and support for the effective
implementation of the scientifically-based school
reforms selected by such schools; and
‘‘(D) describe how the agency will evaluate
the implementation of such reforms and measure
the results achieved in improving student aca-
demic performance.
‘‘(2) COMPONENTS OF THE PROGRAM.—A local
educational agency that receives a subgrant award
under this section shall provide such funds to schools
that implement a comprehensive school reform pro-
gram that—
‘‘(A) employs innovative strategies and
proven methods for student learning, teaching,
and school management that are based on sci-
entifically-based research and effective practices
199
and have been replicated successfully in schools
with diverse characteristics;
‘‘(B) integrates a comprehensive design for
effective school functioning, including instruc-
tion, assessment, classroom management, profes-
sional development, parental involvement, and
school management, that aligns the school’s cur-
riculum, technology, professional development
into a comprehensive reform plan for schoolwide
change designed to enable all students to meet
challenging State content and challenging stu-
dent performance standards and addresses needs
identified through a school needs assessment;
‘‘(C) provides high-quality and continuous
teacher and staff professional development;
‘‘(D) includes measurable goals for student
performance and benchmarks for meeting such
goals;
‘‘(E) is supported by teachers, principals,
administrators, and other professional staff;
‘‘(F) provides for the meaningful involve-
ment of parents and the local community in
planning and implementing school improvement
activities;
200
‘‘(G) uses high quality external technical
support and assistance from an entity, which
may be an institution of higher education, with
experience and expertise in schoolwide reform
and improvement;
‘‘(H) includes a plan for the evaluation of
the implementation of school reforms and the
student results achieved; and
‘‘(I) identifies how other resources, includ-
ing Federal, State, local, and private resources,
available to the school will be used to coordinate
services to support and sustain the school reform
effort.
‘‘(3) SPECIAL
RULE.—A school that receives
funds to develop a comprehensive school reform pro-
gram shall not be limited to using the approaches
identified or developed by the Department of Edu-
cation, but may develop its own comprehensive school
reform programs for schoolwide change that comply
with paragraph (2).
‘‘(e) EVALUATION AND REPORT.—
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
201
‘‘(2) EVALUATION.—This national evaluation
shall 
evaluate 
the 
implementation 
and 
results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effective-
ness of comprehensive school reforms in schools with
diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a na-
tional evaluation, the Secretary shall submit an in-
terim report outlining first year implementation ac-
tivities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) 
DEFINITION.—The 
term 
‘scientifically-based
research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures in the development of
comprehensive school reform models; and
‘‘(2) shall include research that—
‘‘(A) employs systematic, empirical methods
that draw on observation or experiment;
‘‘(B) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
202
‘‘(C) relies on measurements or observa-
tional methods that provide valid data across
evaluators and observers and across multiple
measurements and observations; and
‘‘(D) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objective,
and scientific review.
‘‘(g) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to carry out this section $175,000,000 for
fiscal year 2000 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
TITLE II—MAGNET SCHOOLS AS-
SISTANCE 
AND 
PUBLIC
SCHOOL CHOICE
SEC. 201. MAGNET SCHOOLS ASSISTANCE.
Title V of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7201 et seq.) is amended to read
a follows:
‘‘TITLE V—MAGNET SCHOOLS AS-
SISTANCE 
AND 
PUBLIC
SCHOOL CHOICE
‘‘PART A—MAGNET SCHOOL ASSISTANCE
‘‘SEC. 5101. FINDINGS.
‘‘The Congress finds that—
203
‘‘(1) magnet schools are a significant part of our
Nation’s effort to achieve voluntary desegregation in
our Nation’s schools;
‘‘(2) the use of magnet schools has increased dra-
matically since the date of enactment of the Magnet
Schools Assistance program, with approximately
2,000,000 students nationwide now attending such
schools, of which more than 65 percent of the students
are nonwhite;
‘‘(3) magnet schools offer a wide range of distinc-
tive programs that have served as models for school
improvement efforts;
‘‘(4) in administering the Magnet Schools Assist-
ance program, the Federal Government has learned
that—
‘‘(A) where magnet programs are imple-
mented for only a portion of a school’s student
body, special efforts must be made to discourage
the isolation of—
‘‘(i) magnet school students from other
students in the school; and
‘‘(ii) students by racial characteristics;
‘‘(B) local educational agencies can maxi-
mize their effectiveness in achieving the purposes
of the Magnet Schools Assistance program if such
204
agencies have more flexibility in the administra-
tion of such program in order to serve students
attending a school who are not enrolled in the
magnet school program;
‘‘(C) local educational agencies must be cre-
ative in designing magnet schools for students at
all academic levels, so that school districts do not
select only the highest achieving students to at-
tend the magnet schools;
‘‘(D) consistent with desegregation guide-
lines, local educational agencies must seek to en-
able participation in magnet school programs by
students who reside in the neighborhoods where
the programs operate; and
‘‘(E) in order to ensure that magnet schools
are sustained after Federal funding ends, the
Federal Government must assist school districts
to improve their capacity to continue to operate
magnet schools at a high level of performance;
and
‘‘(5) it is in the best interest of the Federal Gov-
ernment to—
‘‘(A) continue the Federal Government’s
support of school districts implementing court-
ordered desegregation plans and school districts
205
voluntarily seeking to foster meaningful inter-
action among students of different racial and
ethnic backgrounds, beginning at the earliest
stage of such students’ education;
‘‘(B) ensure that all students have equitable
access to quality education that will prepare
such students to function well in a techno-
logically oriented society and a highly competi-
tive economy;
‘‘(C) maximize the ability of local edu-
cational agencies to plan, develop, implement
and continue effective and innovative magnet
schools that contribute to State and local sys-
temic reform; and
‘‘(D) ensure that grant recipients provide
adequate data which demonstrates an ability to
improve student achievement.
‘‘SEC. 5102. STATEMENT OF PURPOSE.
‘‘The purpose of this part is to assist in the desegrega-
tion of schools served by local educational agencies by pro-
viding financial assistance to eligible local educational
agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
206
ondary schools with substantial proportions of minor-
ity students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging State content standards and challenging State
student performance standards;
‘‘(3) the development and design of innovative
educational methods and practices that promote di-
versity and increase choices in public elementary and
secondary schools and educational programs; and
‘‘(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the grasp of tangible and mar-
ketable vocational and technical skills of students at-
tending such schools.
‘‘SEC. 5103. PROGRAM AUTHORIZED.
‘‘The Secretary, in accordance with this part, is au-
thorized to make grants to eligible local educational agen-
cies, and consortia of such agencies where appropriate, to
carry out the purpose of this part for magnet schools that
are—
‘‘(1) part of an approved desegregation plan;
and
207
‘‘(2) designed to bring students from different so-
cial, economic, ethnic, and racial backgrounds to-
gether.
‘‘SEC. 5104. DEFINITION.
‘‘For the purpose of this part, the term ‘magnet school’
means a public elementary or secondary school or public
elementary or secondary education center that offers a spe-
cial curriculum capable of attracting substantial numbers
of students of different racial backgrounds.
‘‘SEC. 5105. ELIGIBILITY.
‘‘A local educational agency, or consortium of such
agencies where appropriate, is eligible to receive assistance
under this part to carry out the purposes of this part if
such agency or consortium—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, that re-
quires the desegregation of minority-group-segregated
children or faculty in the elementary and secondary
schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to such local educational agency or
consortium of such agencies under this part, adopt
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and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 for the desegregation of minority-
group-segregated children or faculty in such schools.
‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.
‘‘(a) APPLICATIONS.—An eligible local educational
agency or consortium of such agencies desiring to receive
assistance under this part shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may rea-
sonably require.
‘‘(b) INFORMATION AND ASSURANCES.—Each such ap-
plication shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this part will be used to promote desegregation,
including how the proposed magnet school project
will increase interaction among students of dif-
ferent social, economic, ethnic, and racial back-
grounds;
‘‘(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
209
‘‘(C) how an applicant will continue the
magnet school project after assistance under this
part is no longer available, including, if applica-
ble, an explanation of why magnet schools estab-
lished or supported by the applicant with funds
under this part cannot be continued without the
use of funds under this part;
‘‘(D) how funds under this part will be used
to improve student academic performance for all
students attending the magnet schools; and
‘‘(E) the criteria to be used in selecting stu-
dents to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
poses specified in section 5102;
‘‘(B) employ fully qualified teachers (as de-
fined in section 1119) in the courses of instruc-
tion assisted under this part;
‘‘(C) not engage in discrimination based on
race, religion, color, national origin, sex, or dis-
ability in—
‘‘(i) the hiring, promotion, or assign-
ment of employees of the agency or other
210
personnel for whom the agency has any ad-
ministrative responsibility;
‘‘(ii) the assignment of students to
schools, or to courses of instruction within
the school, of such agency, except to carry
out the approved plan; and
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental de-
cisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for placement in
those projects.
‘‘SEC. 5107. PRIORITY.
‘‘In approving applications under this part, the Sec-
retary shall give priority to applicants that—
‘‘(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively car-
rying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects, or significantly revise existing magnet school
projects; and
211
‘‘(3) propose to select students to attend magnet
school projects by methods such as lottery, rather than
through academic examination.
‘‘SEC. 5108. USE OF FUNDS.
‘‘(a) IN GENERAL.—Grant funds made available under
this part may be used by an eligible local educational agen-
cy or consortium of such agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, continu-
ation, or enhancement of academic programs and
services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance
and operation thereof, necessary for the conduct of
programs in magnet schools;
‘‘(3) for the payment, or subsidization of the
compensation, of elementary and secondary school
teachers who are fully qualified (as defined in section
1119), and instructional staff where applicable, who
are necessary for the conduct of programs in magnet
schools;
‘‘(4) with respect to a magnet school program of-
fered to less than the entire student population of a
school, for instructional activities that—
212
‘‘(A) are designed to make available the spe-
cial curriculum that is offered by the magnet
school project to students who are enrolled in the
school but who are not enrolled in the magnet
school program; and
‘‘(B) further the purposes of this part; and
‘‘(5) for activities, which may include profes-
sional development, that will build the recipient’s ca-
pacity to operate magnet school programs once the
grant period has ended.
‘‘(b) SPECIAL RULE.—Grant funds under this part
may be used in accordance with paragraphs (2) and (3)
of subsection (a) only if the activities described in such
paragraphs are directly related to improving the students’
academic performance based on the State’s challenging con-
tent standards and challenging student performance stand-
ards or directly related to improving the students’ reading
skills or knowledge of mathematics, science, history, geog-
raphy, English, foreign languages, art, or music, or to im-
proving vocational and technical skills.
‘‘SEC. 5109. PROHIBITIONS.
‘‘(a) TRANSPORTATION.—Grants under this part may
not be used for transportation or any activity that does not
augment academic improvement.
213
‘‘(b) PLANNING.—A local educational agency shall not
expend funds under this part after the third year that such
agency receives funds under this part for such project.
‘‘SEC. 5110. LIMITATIONS.
‘‘(a) DURATION OF AWARDS.—A grant under this part
shall be awarded for a period that shall not exceed three
fiscal years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu-
cational agency may expend for planning not more than
50 percent of the funds received under this part for the first
year of the project, 15 percent of such funds for the second
such year, and 10 percent of such funds for the third such
year.
‘‘(c) AMOUNT.—No local educational agency or consor-
tium awarded a grant under this part shall receive more
than $4,000,000 under this part in any one fiscal year.
‘‘(d) TIMING.—To the extent practicable, the Secretary
shall award grants for any fiscal year under this part not
later than July 1 of the applicable fiscal year.
‘‘SEC. 5111. EVALUATIONS.
‘‘(a) RESERVATION.—The Secretary may reserve not
more than two percent of the funds appropriated under sec-
tion 5112(a) for any fiscal year to carry out evaluations,
technical assistance, and dissemination projects with re-
214
spect to magnet school projects and programs assisted under
this part.
‘‘(b) CONTENTS.—Each evaluation described in sub-
section (a), at a minimum, shall address—
‘‘(1) how and the extent to which magnet school
programs lead to educational quality and improve-
ment;
‘‘(2) the extent to which magnet school programs
enhance student access to quality education;
‘‘(3) the extent to which magnet school programs
lead to the elimination, reduction, or prevention of
minority group isolation in elementary and sec-
ondary schools with substantial proportions of minor-
ity students; and
‘‘(4) the extent to which magnet school programs
differ from other school programs in terms of the or-
ganizational characteristics and resource allocations
of such magnet school programs.
‘‘SEC. 5112. AUTHORIZATION OF APPROPRIATIONS; RES-
ERVATION.
‘‘(a) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated
$120,000,000 for fiscal year 2000 and such sums as may
be necessary for each of fiscal years 2001 through 2004.
215
‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN-
CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for
which the amount appropriated pursuant to subsection (a)
exceeds $75,000,000, the Secretary shall give priority to
using such amounts in excess of $75,000,000 to award
grants to local educational agencies or consortia of such
agencies that did not receive a grant under this part in
the preceding fiscal year.
‘‘PART B—PUBLIC SCHOOL CHOICE
‘‘SEC. 5201. SHORT TITLE.
‘‘This part may be cited as the ‘Public School Choice
Act of 1999’.
‘‘SEC. 5202. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) a wide variety of educational opportunities,
options, and choices in the public school system is
needed to help all children achieve to high standards;
‘‘(2) high-quality public school choice programs
that are genuinely open and accessible to all students
(including poor, minority, limited English proficient,
and disabled students) broaden educational opportu-
nities and promote excellence in education;
‘‘(3) current research shows that—
216
‘‘(A) students learn in different ways, bene-
fiting from different teaching methods and in-
structional settings; and
‘‘(B) family involvement in a child’s edu-
cation is a key factor supporting student
achievement;
‘‘(4) public school systems have begun to develop
a variety of innovative programs that offer expanded
choices to parents and students; and
‘‘(5) the Federal Government should support and
expand efforts to give students and parents the high-
quality public school choices they seek, to help elimi-
nate barriers to effective public school choice, and to
disseminate the lessons learned from high-quality
choice programs so that all public schools can benefit
from these efforts.
‘‘(b) PURPOSE.—It is the purpose of this part to iden-
tify and support innovative approaches to high-quality
public school choice by providing financial assistance for
the demonstration, development, implementation, and eval-
uation of, and dissemination of information about, public
school choice projects that stimulate educational innovation
for all public schools and contribute to standards-based
school reform efforts.
217
‘‘SEC. 5203. GRANTS.
‘‘(a) IN GENERAL.—From funds appropriated under
section 5206(a) and not reserved under section 5206(b), the
Secretary is authorized to make grants to State and local
educational agencies to support programs that promote in-
novative approaches to high-quality public school choice.
‘‘(b) DURATION.—Grants under this part shall not ex-
ceed three years.
‘‘SEC. 5204. USES OF FUNDS.
‘‘(a) IN GENERAL—
‘‘(1) PUBLIC
SCHOOL
CHOICE.—Funds under
this part may be used to demonstrate, develop, imple-
ment, evaluate, and disseminate information on inno-
vative approaches to promote public school choice, in-
cluding the design and development of new public
school choice options, the development of new strate-
gies for overcoming barriers to effective public school
choice, and the design and development of public
school choice systems that promote high standards for
all students and the continuous improvement of all
public schools.
‘‘(2) 
INNOVATIVE
APPROACHES.—Such 
ap-
proaches at the school, local educational agency, and
State levels may include—
‘‘(A) inter-district approaches to public
school choice, including approaches that increase
218
equal access to high-quality educational pro-
grams and diversity in schools;
‘‘(B) public elementary and secondary pro-
grams that involve partnerships with institu-
tions of higher education and that are located on
the campuses of those institutions;
‘‘(C) programs that allow students in public
secondary schools to enroll in postsecondary
courses and to receive both secondary and post-
secondary academic credit;
‘‘(D) worksite satellite schools, in which
State or local educational agencies form partner-
ships with public or private employers, to create
public schools at parents’ places of employment;
and
‘‘(E) approaches to school desegregation that
provide students and parents choice through
strategies other than magnet schools.
‘‘(b) LIMITATIONS.—Funds under this part—
‘‘(1) shall supplement, and not supplant, non-
Federal funds expended for existing programs;
‘‘(2) may not be used for transportation; and
‘‘(3) may not be used to fund projects that are
specifically authorized under part A of title V, or
part C of title X.
219
‘‘SEC. 5205. GRANT APPLICATION; PRIORITIES.
‘‘(a) APPLICATION REQUIRED.—A State or local edu-
cational agency desiring to receive a grant under this part
shall submit an application to the Secretary.
‘‘(b) APPLICATION
CONTENTS.—Each application
shall include—
‘‘(1) a description of the program for which
funds are sought and the goals for such program;
‘‘(2) a description of how the program funded
under this part will be coordinated with, and will
complement and enhance, programs under other re-
lated Federal and non-Federal projects;
‘‘(3) if the program includes partners, the name
of each partner and a description of the partner’s re-
sponsibilities;
‘‘(4) a description of the policies and procedures
the applicant will use to ensure—
‘‘(A) its accountability for results, including
its goals and performance indicators; and
‘‘(B) that the program is open and acces-
sible to, and will promote high academic stand-
ards for, all students; and
‘‘(5) such other information as the Secretary
may require.
‘‘(c) PRIORITIES.—
220
‘‘(1) HIGH-POVERTY AGENCIES.—The Secretary
shall give a priority to applications for projects that
would serve high-poverty local educational agencies.
‘‘(2) PARTNERSHIPS.—The Secretary may give a
priority to applications demonstrating that the appli-
cant will carry out its project in partnership with
one or more public and private agencies, organiza-
tions, and institutions, including institutions of high-
er education and public and private employers.
‘‘SEC. 5206. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, there are authorized to be appropriated
$20,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL AS-
SISTANCE, AND DISSEMINATION.—From the amount appro-
priated under subsection (a) for any fiscal year, the Sec-
retary may reserve not more than 5 percent to carry out
evaluations under subsection (c), to provide technical assist-
ance, and to disseminate information.
‘‘(c) EVALUATIONS.—The Secretary may use funds re-
served under subsection (b) to carry out one or more evalua-
tions of programs assisted under this part, which shall, at
a minimum, address—
221
‘‘(1) how, and the extent to which, the programs
supported with funds under this part promote edu-
cational equity and excellence; and
‘‘(2) the extent to which public schools of choice
supported with funds under this part are—
‘‘(A) held accountable to the public;
‘‘(B) effective in improving public edu-
cation; and
‘‘(C) open and accessible to all students.
‘‘SEC. 5207. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) HIGH-POVERTY LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-poverty local educational agency’
means a local educational agency in which—
‘‘(A) the percentage of children, ages 5 to
17, from families with incomes below the poverty
line (as defined by the Office of Management and
Budget and revised annually in accordance with
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved for the most recent fis-
cal year for which satisfactory data are available
is 20 percent or greater; or
‘‘(B) the number of such children exceeds
10,000.
222
‘‘(2) OTHER TERMS.—Other terms used in this
part shall have the meaning given such terms in sec-
tion 14101 (20 U.S.C. 8801).’’.
SEC. 202. CONTINUATION OF AWARDS.
Notwithstanding the amendment made by section 201,
any local educational agency or consortium of such agencies
that was awarded a grant under section 5111 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
7211) prior to the date of the enactment of this Act shall
continue to receive funds in accordance with the terms of
such award until the date on which the award period termi-
nates under such terms.
TITLE III—TEACHER LIABILITY
PROTECTION
SEC. 301. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of 1965
(20 U.S.C 6301 et seq.) is amended by adding at the end
the following:
‘‘TITLE XV—TEACHER LIABILITY
PROTECTION
‘‘SEC. 15001. SHORT TITLE.
‘‘This title may be cited as the ‘Teacher Liability Pro-
tection Act of 1999’.
223
‘‘SEC. 15002. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) The ability of teachers, principals and other
school professionals to teach, inspire and shape the in-
tellect of our Nation’s elementary and secondary
school students is deterred and hindered by frivolous
lawsuits and litigation.
‘‘(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits for
actions undertaken as part of their duties to provide
millions of school children quality educational oppor-
tunities.
‘‘(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
‘‘(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
‘‘(5) Clarifying and limiting the liability of
teachers, principals and other school professionals
who undertake reasonable actions to maintain order,
discipline and an appropriate educational environ-
ment is an appropriate subject of Federal legislation
because—
224
‘‘(A) the scope of the problems created by the
legitimate fears of teachers, principals and other
school professionals about frivolous, arbitrary or
capricious lawsuits against teachers is of na-
tional importance; and
‘‘(B) millions of children and their families
across the Nation depend on teachers, principals
and other school professionals for the intellectual
development of children.
‘‘(b) PURPOSE.—The purpose of this title is to provide
teachers, principals and other school professionals the tools
they need to undertake reasonable actions to maintain
order, discipline and an appropriate educational environ-
ment.
‘‘SEC. 15003. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
‘‘(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent with
this title, except that this title shall not preempt any State
law that provides additional protection from liability relat-
ing to teachers.
‘‘(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
a State court against a teacher in which all parties are
225
citizens of the State if such State enacts a statute in accord-
ance with State requirements for enacting legislation—
‘‘(1) citing the authority of this subsection;
‘‘(2) declaring the election of such State that this
title shall not apply, as of a date certain, to such civil
action in the State; and
‘‘(3) containing no other provisions.
‘‘SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
‘‘(a) LIABILITY PROTECTION FOR TEACHERS.—Except
as provided in subsections (b) and (c), no teacher in a school
shall be liable for harm caused by an act or omission of
the teacher on behalf of the school if—
‘‘(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related to
providing educational services;
‘‘(2) the actions of the teacher were carried out
in conformity with local, state, or federal laws, rules
or regulations in furtherance of efforts to control, dis-
cipline, expel, or suspend a student or maintain order
or control in the classroom or school;
‘‘(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
226
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
‘‘(4) the harm was not caused by willful or
criminal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the teach-
er; and
‘‘(5) the harm was not caused by the teacher op-
erating a motor vehicle, vessel, aircraft, or other vehi-
cle for which the State requires the operator or the
owner of the vehicle, craft, or vessel to—
‘‘(A) possess an operator’s license; or
‘‘(B) maintain insurance.
‘‘(b) CONCERNING RESPONSIBILITY OF TEACHERS TO
SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in this
section shall be construed to affect any civil action brought
by any school or any governmental entity against any
teacher of such school.
‘‘(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
‘‘(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management proce-
dures, including mandatory training of teachers.
227
‘‘(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of its
teachers to the same extent as an employer is liable
for the acts or omissions of its employees.
‘‘(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant to
State or local law.
‘‘(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
‘‘(1) GENERAL RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher act-
ing within the scope of the teacher’s responsibilities to
a school or governmental entity unless the claimant
establishes by clear and convincing evidence that the
harm was proximately caused by an action of such
teacher which constitutes willful or criminal mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed.
‘‘(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
228
‘‘(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
‘‘(1) IN GENERAL.—The limitations on the liabil-
ity of a teacher under this title shall not apply to any
misconduct that—
‘‘(A) constitutes a crime of violence (as that
term is defined in section 16 of title 18, United
States Code) or act of international terrorism (as
that term is defined in section 2331 of title 18,
United States Code) for which the defendant has
been convicted in any court;
‘‘(B) involves a sexual offense, as defined by
applicable State law, for which the defendant has
been convicted in any court;
‘‘(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
‘‘(D) where the defendant was under the in-
fluence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug at
the time of the misconduct.
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to effect subsection (a)(3)
or (d).
229
‘‘SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
‘‘(a) GENERAL RULE.—In any civil action against a
teacher, based on an action of a teacher acting within the
scope of the teacher’s responsibilities to a school or govern-
mental entity, the liability of the teacher for noneconomic
loss shall be determined in accordance with subsection (b).
‘‘(b) AMOUNT OF LIABILITY.—
‘‘(1) IN
GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
economic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that
defendant (determined in accordance with paragraph
(2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall render
a separate judgment against each defendant in an
amount determined pursuant to the preceding sen-
tence.
‘‘(2) PERCENTAGE
OF
RESPONSIBILITY.—For
purposes of determining the amount of noneconomic
loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the per-
centage of responsibility of that defendant for the
claimant’s harm.
‘‘SEC. 15006. DEFINITIONS.
For purposes of this title:
230
‘‘(1) ECONOMIC LOSS.—The term ‘economic loss’
means any pecuniary loss resulting from harm (in-
cluding the loss of earnings or other benefits related
to employment, medical expense loss, replacement
services loss, loss due to death, burial costs, and loss
of business or employment opportunities) to the extent
recovery for such loss is allowed under applicable
State law.
‘‘(2) HARM.—The term ‘harm’ includes physical,
nonphysical, economic, and noneconomic losses.
‘‘(3) NONECONOMIC
LOSSES.—The term ‘non-
economic losses’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
‘‘(4) SCHOOL.—The term ‘school’ means a public
or private kindergarten, a public or private elemen-
tary school or secondary school (as defined in section
14101, or a home school.
‘‘(5) STATE.—The term ‘State’ means each of the
several States of the United States, the District of Co-
lumbia, the Commonwealth of Puerto Rico, the
231
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
‘‘(6) TEACHER.—The term ‘teacher’ means a
teacher, instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board,
and a local educational agency and any employee of
such agency.
‘‘SEC. 15007. EFFECTIVE DATE.
‘‘(a) IN GENERAL.—This title shall take effect 90 days
after the date of enactment of the Student Results Act of
1999.
‘‘(b) APPLICATION.—This title applies to any claim for
harm caused by an act or omission of a teacher if that claim
is filed on or after the effective date of the Student Results
Act of 1999, without regard to whether the harm that is
the subject of the claim or the conduct that caused the harm
occurred before such effective date.’’.
232
TITLE IV—INDIAN, NATIVE HA-
WAIIAN, AND ALASKA NATIVE
EDUCATION
Subtitle A—Elementary and
Secondary Education Act of 1965
SEC. 401. AMENDMENTS.
Part A of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801 et seq.) is amended
to read as follows:
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 9101. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, internation-
ally competitive content standards and student
performance standards and build on Indian cul-
ture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve such standards; and
233
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of enactment of the initial In-
dian Education Act in 1972, the level of involvement
of Indian parents in the planning, development, and
implementation of educational programs that affect
such parents and their children has increased signifi-
cantly, and schools should continue to foster such in-
volvement;
‘‘(3) although the number of Indian teachers, ad-
ministrators, and university professors has increased
since 1972, teacher training programs are not recruit-
ing, training, or retraining a sufficient number of In-
dian individuals as educators to meet the needs of a
growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of school
by 1990;
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31 per-
cent, and the readiness of Indian children to learn is
234
hampered by the high incidence of poverty, unemploy-
ment, and health problems among Indian children
and their families; and
‘‘(6) research related specifically to the education
of Indian children and adults is very limited, and
much of the research is of poor quality or is focused
on limited local or regional issues.
‘‘SEC. 9102. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this part to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the unique educational and culturally re-
lated academic needs of American Indians and Alaska Na-
tives, so that such students can achieve to the same chal-
lenging State performance standards expected of all other
students.
‘‘(b) PROGRAMS.—This part carries out the purpose
described in subsection (a) by authorizing programs of di-
rect assistance for—
‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and adults;
235
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘Subpart 1—Formula Grants to Local Educational
Agencies
‘‘SEC. 9111. PURPOSE.
‘‘It is the purpose of this subpart to support local edu-
cational agencies in their efforts to reform elementary and
secondary school programs that serve Indian students in
order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
‘‘(2) are designed to assist Indian students in
meeting those standards and assist the Nation in
reaching the National Education Goals.
‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this subpart for any fiscal year if the number of In-
dian children eligible under section 9117 and who
were enrolled in the schools of the agency, and to
236
whom the agency provided free public education, dur-
ing the preceding fiscal year—
‘‘(A) was at least 10; or
‘‘(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(b) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agency
that is eligible for a grant under this subpart does not
establish a parent committee under section 9114(c)(4)
for such grant, an Indian tribe that represents not
less than one-half of the eligible Indian children who
are served by such local educational agency may
apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this subpart, ex-
cept that any such tribe is not subject to section
9114(c)(4), section 9118(c), or section 9119.
237
‘‘SEC. 9113. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall al-
locate to each local educational agency which has an
approved application under this subpart an amount
equal to the product of—
‘‘(A) the number of Indian children who are
eligible under section 9117 and served by such
agency; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which such agency is located;
or
‘‘(ii) 80 percent of the average per-
pupil expenditure in the United States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under para-
graph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(e), a local educational agency or an Indian tribe (as
authorized under section 9112(b)) that is eligible for
a grant under section 9112, and a school that is oper-
ated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
238
submits an application that is approved by the Sec-
retary, shall, subject to appropriations, receive a
grant under this subpart in an amount that is not
less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this subpart.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not more
than $4,000 for all grantees if the Secretary deter-
mines such increase is necessary to ensure the quality
of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section, the
term ‘average per-pupil expenditure of a State’ means an
amount equal to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the State,
plus any direct current expenditures by the State for
the operation of such agencies, without regard to the
sources of funds from which such local or State ex-
penditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
‘‘(2) the aggregate number of children who were
included in average daily attendance for whom such
239
agencies provided free public education during such
preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU-
REAU OF INDIAN AFFAIRS.—(1) Subject to subsection (e),
in addition to the grants awarded under subsection (a), the
Secretary shall allocate to the Secretary of the Interior an
amount equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal gov-
ernment, for the children of that tribe under a
contract with, or grant from, the Department of
the Interior under the Indian Self-Determination
Act or the Tribally Controlled Schools Act of
1988; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure of the
State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil ex-
penditure in the United States.
‘‘(2) Any school described in paragraph (1)(A) that
wishes to receive an allocation under this subpart shall sub-
mit an application in accordance with section 9114, and
240
shall otherwise be treated as a local educational agency for
the purpose of this subpart, except that such school shall
not be subject to section 9114(c)(4), section 9118(c), or sec-
tion 9119.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 9162(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 9114. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
subpart shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include a
comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet the
culturally related academic needs of American Indian
and Alaska Native students;
241
‘‘(2)(A) is consistent with State and local plans
under other provisions of this Act; and
‘‘(B) includes academic content and student per-
formance goals for such children, and benchmarks for
attaining such goals, that are based on the chal-
lenging State standards under title I;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I, will meet the needs of
such students;
‘‘(4) demonstrates how funds made available
under this subpart will be used for activities described
in section 9115;
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to ensure
that—
‘‘(A) teachers and other school professionals
who are new to the Indian community are pre-
pared to work with Indian children; and
‘‘(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
‘‘(6) 
describes 
how 
the 
local 
educational
agency—
242
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
dren who do not participate in programs as-
sisted under this subpart, in meeting the goals
described in paragraph (2);
‘‘(B) will provide the results of each assess-
ment referred to in subparagraph (A) to—
‘‘(i) the committee of parents described
in subsection (c)(4); and
‘‘(ii) the community served by the local
educational agency; and
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the assess-
ments described in subparagraph (A).
‘‘(c) 
ASSURANCES.—Each 
application 
submitted
under subsection (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this subpart only to supplement the
level of funds that, in the absence of the Federal funds
made available under this subpart, such agency would
make available for the education of Indian children,
and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
243
taining such information, as the Secretary may re-
quire to—
‘‘(A) carry out the functions of the Sec-
retary under this subpart; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this subpart are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs of
the American Indian and Alaska Native students
to whom the local educational agency is pro-
viding an education;
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children and
teachers, and, if appropriate, Indian students
from secondary schools, including public hear-
ings held by such agency to provide the individ-
244
uals described in this subparagraph a full oppor-
tunity to understand the program and to offer
recommendations regarding the program; and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected by—
‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
‘‘(B) a majority of whose members are par-
ents of Indian children;
‘‘(C) that sets forth such policies and proce-
dures, including policies and procedures relating
to the hiring of personnel, as will ensure that the
program for which assistance is sought will be
operated and evaluated in consultation with, and
with the involvement of, parents of the children,
and representatives of the area, to be served;
‘‘(D) with respect to an application describ-
ing a schoolwide program in accordance with
section 9115(c), has—
245
‘‘(i) reviewed in a timely fashion the
program; and
‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indian and
Alaskan Native students; and
‘‘(E) has adopted reasonable bylaws for the
conduct of the activities of the committee and
abides by such bylaws.
‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL
REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart
shall use the grant funds, in a manner consistent with the
purpose specified in section 9111, for services and activities
that—
‘‘(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 9114(b);
‘‘(2) are designed with special regard for the lan-
guage and cultural needs of the Indian students; and
‘‘(3) supplement and enrich the regular school
program of such agency.
246
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
‘‘(1) culturally related activities that support the
program described in the application submitted by
the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on problem
solving and cognitive skills development and directly
support the attainment of challenging State content
standards and State student performance standards;
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) career preparation activities to enable In-
dian students to participate in programs such as the
programs supported by the Carl D. Perkins Voca-
tional and Technical Education Act of 1998, includ-
ing programs for tech-prep, mentoring, and appren-
ticeship;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
‘‘(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to meet the
purposes described in section 9111; and
247
‘‘(8) family literacy services.
‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any
other provision of law, a local educational agency may use
funds made available to such agency under this subpart to
support a schoolwide program under section 1114 if—
‘‘(1) the committee composed of parents estab-
lished pursuant to section 9114(c)(4) approves the use
of the funds for the schoolwide program; and
‘‘(2) the schoolwide program is consistent with
the purposes described in section 9111.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the funds provided to a grantee
under this subpart for any fiscal year may be used for ad-
ministrative purposes.
‘‘SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this sub-
part may submit a plan to the Secretary for the integration
of education and related services provided to Indian stu-
dents.
‘‘(b) COORDINATION OF PROGRAMS.—Upon the receipt
of an acceptable plan, the Secretary, in cooperation with
each Federal agency providing grants for the provision of
education and related services to the applicant, shall au-
thorize the applicant to coordinate, in accordance with such
plan, its federally funded education and related services
248
programs, or portions thereof, serving Indian students in
a manner that integrates the program services involved into
a single, coordinated, comprehensive program and reduces
administrative costs by consolidating administrative func-
tions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include any Federal
program, or portion thereof, under which the applicant is
eligible for receipt of funds under a statutory or adminis-
trative formula for the purposes of providing education and
related services which would be used to serve Indian stu-
dents.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept-
able pursuant to subsection (b), it shall—
‘‘(1) identify the programs or funding sources to
be consolidated;
‘‘(2) be consistent with the purposes of this sec-
tion authorizing the services to be integrated in a
demonstration project;
‘‘(3) describe a comprehensive strategy which
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the goals set forth in
this subpart;
249
‘‘(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
‘‘(5) identify the projected expenditures under
the plan in a single budget;
‘‘(6) identify the local, State, or tribal agency or
agencies to be involved in the delivery of the services
integrated under the plan;
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the applicant be-
lieves need to be waived in order to implement its
plan;
‘‘(8) set forth measures of student achievement
and performance goals designed to be met within a
specified period of time; and
‘‘(9) be approved by a parent committee formed
in accordance with section 9114(c)(4), if such a com-
mittee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be
used to implement the plan, and with the entity submitting
the plan. The parties so consulting shall identify any waiv-
ers of statutory requirements or of Federal departmental
regulations, policies, or procedures necessary to enable the
250
applicant to implement its plan. Notwithstanding any
other provision of law, the Secretary of the affected depart-
ment or departments shall have the authority to waive any
regulation, policy, or procedure promulgated by that de-
partment that has been so identified by the applicant or
department, unless the Secretary of the affected department
determines that such a waiver is inconsistent with the in-
tent of this subpart or those provisions of the statute from
which the program involved derives its authority which are
specifically applicable to Indian students.
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an applicant’s plan by the Secretary, the Secretary
shall inform the applicant, in writing, of the Secretary’s
approval or disapproval of the plan. If the plan is dis-
approved, the applicant shall be informed, in writing, of
the reasons for the disapproval and shall be given an oppor-
tunity to amend its plan or to petition the Secretary to
reconsider such disapproval.
‘‘(g) RESPONSIBILITIES
OF DEPARTMENT
OF EDU-
CATION.—Not later than 180 days after the date of enact-
ment of the Student Results Act of 1999, the Secretary of
Education, the Secretary of the Interior, and the head of
any other Federal department or agency identified by the
Secretary of Education, shall enter into an interdepart-
mental memorandum of agreement providing for the imple-
251
mentation of the demonstration projects authorized under
this section. The lead agency head for a demonstration pro-
gram under this section shall be—
‘‘(1) the Secretary of the Interior, in the case of
applicant meeting the definition of contract or grant
school under title XI of the Education Amendments of
1978; or
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include—
‘‘(1) the use of a single report format related to
the plan for the individual project which shall be used
by an eligible entity to report on the activities under-
taken under the project;
‘‘(2) the use of a single report format related to
the projected expenditures for the individual project
which shall be used by an eligible entity to report on
all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept or
252
reject the plan for providing such technical assistance
and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—A single report format
shall be developed by the Secretary, consistent with the re-
quirements of this section. Such report format, together with
records maintained on the consolidated program at the local
level, shall contain such information as will allow a deter-
mination that the eligible entity has complied with the re-
quirements incorporated in its approved plan, including
the demonstration of student achievement, and will provide
assurances to each Secretary that the eligible entity has
complied with all directly applicable statutory requirements
and with those directly applicable regulatory requirements
which have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall
the amount of Federal funds available to an eligible entity
involved in any demonstration project be reduced as a re-
sult of the enactment of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—
The Secretary is authorized to take such action as may be
necessary to provide for an interagency transfer of funds
otherwise available to an eligible entity in order to further
the purposes of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
253
‘‘(1) IN GENERAL.—Program funds shall be ad-
ministered in such a manner as to allow for a deter-
mination that funds from specific a program or pro-
grams are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
which shall be allocated to such program.
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.—
Nothing in this section shall be construed as requiring
the eligible entity to maintain separate records trac-
ing any services or activities conducted under its ap-
proved plan to the individual programs under which
funds were authorized, nor shall the eligible entity be
required to allocate expenditures among such indi-
vidual programs.
‘‘(m) OVERAGE.—All administrative costs may be
commingled and participating entities shall be entitled to
the full amount of such costs (under each program or de-
partment’s regulations), and no overage shall be counted for
Federal audit purposes, provided that the overage is used
for the purposes provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part
shall be construed so as to interfere with the ability of the
Secretary or the lead agency to fulfill the responsibilities
254
for the safeguarding of Federal funds pursuant to the Single
Audit Act of 1984.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM
INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2
years after the date of the enactment of the Student
Results Act of 1999, the Secretary of Education shall
submit a preliminary report to the Committee on
Health, Education, Labor, and Pensions of the Senate
and the Committee on Education and the Workforce
of the House of Representatives on the status of the
implementation of the demonstration program au-
thorized under this section.
‘‘(2) FINAL
REPORT.—Not later than 5 years
after the date of the enactment of the Student Results
Act of 1999, the Secretary of Education shall submit
a report to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee
on Education and the Workforce of the House of Rep-
resentatives on the results of the implementation of
the demonstration program authorized under this sec-
tion. Such report shall identify statutory barriers to
the ability of participants to integrate more effectively
their education and related services to Indian stu-
255
dents in a manner consistent with the purposes of this
section.
‘‘(p) DEFINITIONS.—For the purposes of this section,
the term ‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case of
applicant meeting the definition of contract or grant
school under title XI of the Education Amendments of
1978; or
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘SEC. 9117. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that,
as part of an application for a grant under this subpart,
each applicant shall maintain a file, with respect to each
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that sets
forth information establishing the status of the child as an
Indian child eligible for assistance under this subpart and
that otherwise meets the requirements of subsection (b).
‘‘(b) FORMS.—
‘‘(1) IN GENERAL.—The form described in sub-
section (a) shall include—
‘‘(A) either—
‘‘(i)(I) the name of the tribe or band of
Indians (as described in section 9161(3))
256
with respect to which the child claims mem-
bership;
‘‘(II) the enrollment number estab-
lishing the membership of the child (if read-
ily available); and
‘‘(III) the name and address of the or-
ganization that maintains updated and ac-
curate membership data for such tribe or
band of Indians; or
‘‘(ii) if the child is not a member of a
tribe or band of Indians, the name, the en-
rollment number (if readily available), and
the organization (and address thereof) re-
sponsible for maintaining updated and ac-
curate membership rolls of the tribe of any
parent or grandparent of the child from
whom the child claims eligibility;
‘‘(B) a statement of whether the tribe or
band of Indians with respect to which the child,
parent, or grandparent of the child claims mem-
bership is federally recognized;
‘‘(C) the name and address of the parent or
legal guardian of the child;
257
‘‘(D) a signature of the parent or legal
guardian of the child that verifies the accuracy
of the information supplied; and
‘‘(E) any other information that the Sec-
retary considers necessary to provide an accurate
program profile.
‘‘(2) MINIMUM
INFORMATION.—In order for a
child to be eligible to be counted for the purpose of
computing the amount of a grant award made under
section 9113, an eligibility form prepared pursuant to
this section for a child shall include—
‘‘(A) the name of the child;
‘‘(B) the name of the tribe or band of Indi-
ans (as described in section 9161(3)) with re-
spect to which the child claims eligibility; and
‘‘(C) the dated signature of the parent or
guardian of the child.
‘‘(3) FAILURE.—The failure of an applicant to
furnish any information described in this subsection
other than the information described in paragraph
(2) with respect to any child shall have no bearing on
the determination of whether the child is an eligible
Indian child for the purposes of determining the
amount of a grant award made under section 9113.
258
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect a definition contained in
section 9161.
‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms
and the standards of proof (including the standard of good
faith compliance) that were in use during the 1985–1986
academic year to establish the eligibility of a child for enti-
tlement under the Indian Elementary and Secondary
School Assistance Act shall be the forms and standards of
proof used—
‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
‘‘(e) DOCUMENTATION.—For purposes of determining
whether a child is eligible to be counted for the purpose of
computing the amount of a grant under section 9113, the
membership of the child, or any parent or grandparent of
the child, in a tribe or band of Indians may be established
by proof other than an enrollment number, notwithstanding
the availability of an enrollment number for a member of
such tribe or band. Nothing in subsection (b) shall be con-
strued to require the furnishing of an enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—(A) For each fiscal year, in
order to provide such information as is necessary to
carry out the responsibility of the Secretary to pro-
259
vide technical assistance under this subpart, the Sec-
retary shall conduct a monitoring and evaluation re-
view of a sampling of the recipients of grants under
this subpart. The sampling conducted under this sub-
paragraph shall take into account the size of the local
educational agency and the geographic location of
such agency.
‘‘(B) A local educational agency may not be held
liable to the United States or be subject to any pen-
alty, by reason of the findings of an audit that relates
to the date of completion, or the date of submission,
of any forms used to establish, before April 28, 1988,
the eligibility of a child for entitlement under the In-
dian Elementary and Secondary School Assistance
Act.
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an
application for a grant under this subpart shall—
‘‘(A) be ineligible to apply for any other
grant under this part; and
‘‘(B) be liable to the United States for any
funds that have not been expended.
‘‘(3) EXCLUDED CHILDREN.—A student who pro-
vides false information for the form required under
260
subsection (a) shall not be counted for the purpose of
computing the amount of a grant under section 9113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not-
withstanding any other provision of this section, in award-
ing funds under this subpart to a tribal school that receives
a grant or contract from the Bureau of Indian Affairs, the
Secretary shall use only one of the following, as selected by
the school:
‘‘(1) A count of the number of students in those
schools certified by the Bureau.
‘‘(2) A count of the number of students for whom
the school has eligibility forms that comply with this
section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de-
termining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant
under this subpart (other than in the case described in sub-
section (g)(1)), the local educational agency shall—
‘‘(1) establish a date on, or a period not longer
than 31 consecutive days during which, the agency
counts those children, so long as that date or period
occurs before the deadline established by the Secretary
for submitting an application under section 9114;
and
261
‘‘(2) determine that each such child was enrolled,
and receiving a free public education, in a school of
the agency on that date or during that period, as the
case may be.
‘‘SEC. 9118. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c),
the Secretary shall pay to each local educational agency
that submits an application that is approved by the Sec-
retary under this subpart the amount determined under sec-
tion 9113. The Secretary shall notify the local educational
agency of the amount of the payment not later than June
1 of the year for which the Secretary makes the payment.
‘‘(b) PAYMENTS
TAKEN
INTO
ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
subpart to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local educational
agency is located takes into consideration payments made
under this subpart in determining the eligibility of the local
educational agency for State aid, or the amount of the State
aid, with respect to the free public education of children
during such fiscal year or the preceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN-
TAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency the full amount of a grant
262
award determined under section 9113 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines that, with re-
spect to the provision of free public education by the
local educational agency for the preceding fiscal year,
the combined fiscal effort of the local educational
agency and the State, computed on either a per stu-
dent or aggregate expenditure basis, was not less than
90 percent of the amount of the combined fiscal effort,
computed on the same basis, for the second preceding
fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for any
fiscal year, the Secretary determines that a local edu-
cational agency failed to maintain the fiscal effort of
such agency at the level specified in paragraph (1),
the Secretary shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of such
agency’s failure to maintain its fiscal effort at
such level; and
‘‘(B) not use the reduced amount of the
agency’s expenditures for the preceding year to
determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
263
amount of expenditures that would have been re-
quired to comply with paragraph (1).
‘‘(3) WAIVER.—(A) The Secretary may waive the
requirement of paragraph (1), for not more than 1
year at a time, if the Secretary determines that the
failure to comply with such requirement is due to ex-
ceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen de-
cline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced
amount of such agency’s expenditures for the fiscal
year preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use the
amount of expenditures that would have been required
to comply with paragraph (1) in the absence of the
waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallocate,
in a manner that the Secretary determines will best carry
out the purpose of this subpart, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this subpart; or
264
‘‘(2) otherwise become available for reallocation
under this subpart.
‘‘SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary
under section 9114, a local educational agency shall submit
the application to the State educational agency, which may
comment on such application. If the State educational
agency comments on the application, it shall comment on
all applications submitted by local educational agencies in
the State and shall provide those comments to the respective
local educational agencies, with an opportunity to respond.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian Chil-
dren
‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this sec-
tion to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs to
improve educational opportunities and achievement of
Indian children.
‘‘(2) COORDINATION.—The Secretary shall take
such actions as are necessary to achieve the coordina-
tion of activities assisted under this subpart with—
265
‘‘(A) other programs funded under this Act;
and
‘‘(B) other Federal programs operated for
the benefit of American Indian and Alaska Na-
tive children.
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means a State educational
agency, local educational agency, Indian tribe, Indian or-
ganization, federally supported elementary and secondary
school for Indian students, Indian institution, including an
Indian institution of higher education, or a consortium of
such institutions.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to eligible entities to enable such entities to
carry out activities that meet the purpose specified in
subsection (a)(1), including—
‘‘(A) innovative programs related to the
educational needs of educationally disadvantaged
children;
‘‘(B) educational services that are not avail-
able to such children in sufficient quantity or
quality, including remedial instruction, to raise
the achievement of Indian children in one or
more of the core academic subjects of English,
266
mathematics, science, foreign languages, art, his-
tory, and geography;
‘‘(C) bilingual and bicultural programs and
projects;
‘‘(D) special health and nutrition services,
and other related activities, that address the
unique health, social, and psychological problems
of Indian children;
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or
reenter school, and to increase the rate of sec-
ondary school graduation;
‘‘(F) comprehensive guidance, counseling,
and testing services;
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities;
‘‘(H) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow secondary school students to
enroll in courses at the postsecondary level to aid
267
such students in the transition from secondary
school to postsecondary education;
‘‘(I) partnership projects between schools
and local businesses for career preparation pro-
grams designed to provide Indian youth with the
knowledge and skills such youth need to make an
effective transition from school to a high-skill,
high-wage career;
‘‘(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher education;
‘‘(K) family literacy services; or
‘‘(L) other services that meet the purpose de-
scribed in subsection (a)(1).
‘‘(2) 
PROFESSIONAL
DEVELOPMENT.—Profes-
sional development of teaching professionals and
paraprofessional may be a part of any program as-
sisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT REQUIREMENTS.—(A) The Secretary
may make multiyear grants under this section for the
planning, development, pilot operation, or demonstra-
tion of any activity described in subsection (c) for a
period not to exceed 5 years.
268
‘‘(B) In making multiyear grants under this sec-
tion, the Secretary shall give priority to applications
that present a plan for combining two or more of the
activities described in subsection (c) over a period of
more than 1 year.
‘‘(C) The Secretary shall make a grant payment
to an eligible entity after the initial year of the
multiyear grant only if the Secretary determines that
the eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (2) and any subsequent modifications to
such application.
‘‘(D)(i) In addition to awarding the multiyear
grants described in subparagraph (A), the Secretary
may award grants to eligible entities for the dissemi-
nation of exemplary materials or programs assisted
under this section.
‘‘(ii) The Secretary may award a dissemination
grant under this subparagraph if, prior to awarding
the grant, the Secretary determines that the material
or program to be disseminated has been adequately
reviewed and has demonstrated—
‘‘(I) educational merit; and
‘‘(II) the ability to be replicated.
269
‘‘(2) APPLICATION.—(A) Any eligible entity that
desires to receive a grant under this section shall sub-
mit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(B) Each application submitted to the Sec-
retary under subparagraph (A), other than an appli-
cation for a dissemination grant under paragraph
(1)(D), shall contain—
‘‘(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which assist-
ance is sought;
‘‘(ii) assurances that the applicant will par-
ticipate, at the request of the Secretary, in any
national evaluation of activities assisted under
this section;
‘‘(iii) information demonstrating that the
proposed program is either a research-based pro-
gram (which may be a research-based program
that has been modified to be culturally appro-
priate for the students who will be served);
‘‘(iv) a description of how the applicant
will incorporate the proposed services into the
270
ongoing school program once the grant period is
over; and
‘‘(v) such other assurances and information
as the Secretary may reasonably require.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative pur-
poses.
‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS
AND EDUCATION PROFESSIONALS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
‘‘(2) to provide training to qualified Indian in-
dividuals to enable such individuals to become teach-
ers, administrators, teacher aides, social workers, and
ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in
paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this sec-
tion, the term ‘eligible entity’ means—
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education;
271
‘‘(2) a State or local educational agency, in con-
sortium with an institution of higher education; and
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education.
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
tions approved under this section to enable such entities to
carry out the activities described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to provide support and training for
Indian individuals in a manner consistent with the
purposes of this section. Such activities may include
but are not limited to, continuing programs,
symposia, workshops, conferences, and direct finan-
cial support.
‘‘(2) SPECIAL RULES.—(A) For education per-
sonnel, the training received pursuant to a grant
under this section may be inservice or preservice
training.
‘‘(B) For individuals who are being trained to
enter any field other than teaching, the training re-
ceived pursuant to a grant under this section shall be
in a program that results in a graduate degree.
272
‘‘(e) APPLICATION.—Each eligible entity desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner and accompanied
by such information, as the Secretary may reasonably re-
quire.
‘‘(f) SPECIAL RULE.—In making grants under this
section, the Secretary—
‘‘(1) shall consider the prior performance of the
eligible entity; and
‘‘(2) may not limit eligibility to receive a grant
under this section on the basis of—
‘‘(A) the number of previous grants the Sec-
retary has awarded such entity; or
‘‘(B) the length of any period during which
such entity received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section
shall be awarded for a period of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN GENERAL.—The Secretary shall require,
by regulation, that an individual who receives train-
ing pursuant to a grant made under this section—
‘‘(A) perform work—
‘‘(i) related to the training received
under this section; and
‘‘(ii) that benefits Indian people; or
273
‘‘(B) repay all or a prorated part of the as-
sistance received.
‘‘(2) REPORTING.—The Secretary shall establish,
by regulation, a reporting procedure under which a
grant recipient under this section shall, not later than
12 months after the date of completion of the train-
ing, and periodically thereafter, provide information
concerning the compliance of such recipient with the
work requirement under paragraph (1).
‘‘Subpart 3—National Research Activities
‘‘SEC. 9141. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may
use funds made available under section 9162(b) for each
fiscal year to—
‘‘(1) conduct research related to effective ap-
proaches for the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities that are consistent
with the purpose of this part.
274
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher edu-
cation, and other public and private agencies and
institutions.
‘‘(c) COORDINATION.—Research activities supported
under this section—
‘‘(1) shall be carried out in consultation with the
Office of Educational Research and Improvement to
assure that such activities are coordinated with and
enhance the research and development activities sup-
ported by the Office; and
‘‘(2) may include collaborative research activities
which are jointly funded and carried out by the Office
of Indian Education Programs and the Office of Edu-
cational Research and Improvement.
‘‘Subpart 4—Federal Administration
‘‘SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDU-
CATION.
‘‘(a) MEMBERSHIP.—There is established a National
Advisory Council on Indian Education (hereafter in this
section referred to as the ‘Council’), which shall—
275
‘‘(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees fur-
nished, from time to time, by Indian tribes and orga-
nizations; and
‘‘(2) represent different geographic areas of the
United States.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary concerning the funding
and administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established
under this part—
‘‘(A) with respect to which the Secretary has
jurisdiction; and
‘‘(B)(i) that includes Indian children or
adults as participants; or
‘‘(ii) that may benefit Indian children or
adults;
‘‘(2) make recommendations to the Secretary for
filling the position of Director of Indian Education
whenever a vacancy occurs; and
‘‘(3) submit to the Congress, not later than June
30 of each year, a report on the activities of the Coun-
cil, including—
276
‘‘(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
‘‘(B) recommendations concerning the fund-
ing of any program described in subparagraph
(A).
‘‘SEC. 9152. PEER REVIEW.
‘‘The Secretary may use a peer review process to re-
view applications submitted to the Secretary under subpart
2 or 3.
‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
‘‘In making grants under subpart 2 or 3, the Secretary
shall give a preference to Indian tribes, organizations, and
institutions of higher education under any program with
respect to which Indian tribes, organizations, and institu-
tions are eligible to apply for grants.
‘‘SEC. 9154. MINIMUM GRANT CRITERIA.
‘‘The Secretary may not approve an application for
a grant under subpart 2 unless the application is for a
grant that is—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant; and
‘‘(2) based on relevant research findings.
277
‘‘Subpart 5—Definitions; Authorizations of
Appropriations
‘‘SEC. 9161. DEFINITIONS.
‘‘For the purposes of this part:
‘‘(1) ADULT.—The term ‘adult’ means an indi-
vidual who—
‘‘(A) has attained the age of 16 years; or
‘‘(B) has attained an age that is greater
than the age of compulsory school attendance
under an applicable State law.
‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free
public education’ means education that is—
‘‘(A) provided at public expense, under pub-
lic supervision and direction, and without tui-
tion charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(3) INDIAN.—The term ‘Indian’ means an indi-
vidual who is—
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) any tribe or band terminated since
1940; and
278
‘‘(ii) any tribe or band recognized by
the State in which the tribe or band resides;
‘‘(B) a descendant, in the first or second de-
gree, of an individual described in subparagraph
(A);
‘‘(C) considered by the Secretary of the Inte-
rior to be an Indian for any purpose;
‘‘(D) an Eskimo, Aleut, or other Alaska Na-
tive; or
‘‘(E) a member of an organized Indian
group that received a grant under the Indian
Education Act of 1988 as it was in effect the day
preceding the date of enactment of the Improving
America’s Schools Act of 1994.
‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
‘‘(a) SUBPART 1.—For the purpose of carrying out
subpart 1 of this part, there are authorized to be appro-
priated $62,000,000 for fiscal year 2000, and such sums
as may be necessary for each of fiscal years 2001 through
2004.
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of carrying
out subparts 2 and 3 of this part, there are authorized to
be appropriated $4,000,000 for fiscal year 2000, and such
sums as may be necessary for each of the fiscal years 2001
through 2004.’’.
279
PART B—NATIVE HAWAIIAN EDUCATION
SEC. 402. NATIVE HAWAIIAN EDUCATION.
Part B of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7901 et seq.) is repealed.
PART C—ALASKA NATIVE EDUCATION
SEC. 403. ALASKA NATIVE EDUCATION.
Part C of title IX of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7931 et seq.) is
amended—
(1) by repealing sections 9304 through 9306 and
inserting the following:
‘‘SEC. 9304. PROGRAM AUTHORIZED.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational enti-
ties with experience in developing or operating Alaska
Native programs or programs of instruction con-
ducted in Alaska Native languages, and consortia of
such organizations and entities to carry out programs
that meet the purpose of this part.
‘‘(2) PERMISSIBLE ACTIVITIES.—Programs under
this part may include—
‘‘(A) the development and implementation
of plans, methods, and strategies to improve the
education of Alaska Natives;
280
‘‘(B) the development of curricula and edu-
cational programs that address the educational
needs of Alaska Native students, including—
‘‘(i) curriculum materials that reflect
the cultural diversity or the contributions of
Alaska Natives;
‘‘(ii) instructional programs that make
use of Native Alaskan languages; and
‘‘(iii) networks that introduce success-
ful programs, materials, and techniques to
urban and rural schools;
‘‘(C) professional development activities for
educators, including—
‘‘(i) programs to prepare teachers to
address the cultural diversity and unique
needs of Alaska Native students;
‘‘(ii) in-service programs to improve
the ability of teachers to meet the unique
needs of Alaska Native students; and
‘‘(iii) recruiting and preparing teach-
ers who are Alaska Natives, reside in com-
munities with high concentrations of Alaska
Native students, or are likely to succeed as
teachers in isolated, rural communities and
engage in cross-cultural instruction;
281
‘‘(D) the development and operation of home
instruction programs for Alaska Native preschool
children, the purpose of which is to ensure the
active involvement of parents in their children’s
education from the earliest ages;
‘‘(E) family Literacy Services;
‘‘(F) the development and operation of stu-
dent enrichment programs in science and mathe-
matics that—
‘‘(i) are designed to prepare Alaska
Native students from rural areas, who are
preparing to enter high school, to excel in
science and math; and
‘‘(ii) provide appropriate support serv-
ices to the families of such students that are
needed to enable such students to benefit
from the program;
‘‘(G) research and data collection activities
to determine the educational status and needs of
Alaska Native children and adults;
‘‘(H) other research and evaluation activi-
ties related to programs under this part; and
‘‘(I) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
282
‘‘(3) HOME INSTRUCTION PROGRAMS.—Home in-
struction programs for Alaska Native preschool chil-
dren under paragraph (2)(D) may include—
‘‘(A) programs for parents and their in-
fants, from prenatal through age three;
‘‘(B) preschool programs; and
‘‘(C) training, education, and support for
parents in such areas as reading readiness, ob-
servation, story-telling, and critical thinking.––
‘‘(b) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of funds provided to a grantee under
this section for any fiscal year may be used for administra-
tive purposes.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated $10,000,000 for fiscal year
2000, and such sums as may be necessary for each of the
fiscal years 2001 through 2004 to carry out this part.’’;
(2) in section 9307—
(A) by amending subsection (b) to read as
follows:
‘‘(b) APPLICATIONS.—State and local educational
agencies may apply for an award under this part only as
part of a consortium involving an Alaska Native organiza-
tion. This consortium may include other eligible appli-
cants.’’;
283
(B) by amending subsection (d) to read as
follows:
‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—
Each applicant for an award under this part shall inform
each local educational agency serving students who would
participate in the project about its application.’’; and
(C) by striking subsection (e); and
(3) by redesignating sections 9307 and 9308 as
sections 9305 and 9306, respectively.
Subtitle B—Amendments to the
Education Amendments of 1978
SEC. 410. AMENDMENTS TO THE EDUCATIONS AMEND-
MENTS OF 1978.
Part B of title XI of the Education Amendments of
1978 (25 U.S.C. 2001 et seq.) is amended to read as follows:
‘‘PART B—BUREAU OF INDIAN AFFAIRS
PROGRAMS
‘‘SEC. 1120. FINDING AND POLICY.
‘‘(a) FINDING.—Congress finds and recognizes that the
Federal Government has the sole responsibility for the oper-
ation and financial support of the Bureau of Indian Affairs
funded school system that it has established on or near In-
dian reservations and Indian trust lands throughout the
Nation for Indian children.
284
‘‘(b) POLICY.—It is the policy of the United States to
work in full cooperation with Indian tribes toward the goal
of assuring that the programs of the Bureau of Indian Af-
fairs funded school system are of the highest quality and
meet the unique educational and cultural needs of Indian
children.
‘‘SEC. 1121. ACCREDITATION AND STANDARDS FOR THE
BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
‘‘(a) PURPOSE; DECLARATIONS OF PURPOSES.—
‘‘(1) PURPOSE.—The purpose of the standards
implemented under this section shall be to afford In-
dian students being served by a school funded by the
Bureau of Indian Affairs the same opportunities as
all other students in the United States to achieve the
same challenging State performance standards ex-
pected of all students.
‘‘(2) 
DECLARATIONS
OF
PURPOSES.—Local
school boards for schools operated by the Bureau of
Indian Affairs, in cooperation and consultation with
their tribal governing bodies and their communities,
are encouraged to adopt declarations of purposes of
education for their communities taking into account
the implications of such purposes on education in
their communities and for their schools. In adopting
285
such declarations of purpose, the school boards shall
consider the effect those declarations may have on the
motivation of students and faculties. Such declara-
tions shall represent the aspirations of the community
for the kinds of people the community would like its
children to become, and shall include assurances that
all learners will become accomplished in things and
ways important to them and respected by their par-
ents and communities, shaping worthwhile and satis-
fying lives for themselves, exemplifying the best values
of the community and humankind, and becoming in-
creasingly effective in shaping the character and qual-
ity of the world all learners share. These declarations
of purpose shall influence the standards for accredita-
tion to be accepted by the schools.
‘‘(b) STUDIES AND SURVEYS RELATING TO STAND-
ARDS.—Not later than 1 year after the date of the enact-
ment of the Student Results Act of 1999, the Secretary, in
consultation with the Secretary of Education, consortia of
education organizations, and Indian organizations and
tribes, and making the fullest use possible of other existing
studies, surveys, and plans, shall carry out by contract with
an Indian organization, studies and surveys to establish
and revise standards for the basic education of Indian chil-
dren attending Bureau funded schools. Such studies and
286
surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal educational opportunity for such chil-
dren.
‘‘(c) REVISION OF MINIMUM ACADEMIC STANDARDS.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of the enactment of the Student Results Act
of 1999, the Secretary shall—
‘‘(A) propose revisions to the minimum aca-
demic standards published in the Federal Reg-
ister on September 9, 1995 (50 Fed. Reg. 174)
for the basic education of Indian children at-
tending Bureau funded schools in accordance
with the purpose described in subsection (a) and
the findings of the studies and surveys conducted
under subsection (b);
‘‘(B) publish such proposed revisions to such
standards in the Federal Register for the purpose
of receiving comments from the tribes, tribal
school boards, Bureau funded schools, and other
interested parties; and
‘‘(C) consistent with the provisions of this
section and section 1131, take such actions as
287
are necessary to coordinate standards imple-
mented under this section with the Comprehen-
sive School Reform Plan developed by the Bu-
reau and—
‘‘(i) with the standards of the improve-
ment plans for the States in which any
school operated by the Bureau of Indian Af-
fairs is located; or
‘‘(ii) in the case where schools operated
by the Bureau are within the boundaries of
reservation land of 1 tribe but within the
boundaries of more than 1 State, with the
standards of the State improvement plan of
1 such State selected by the tribe.
‘‘(2) FURTHER
REVISIONS.—Not later that 6
months after the close of the comment period, the Sec-
retary shall establish final standards, distribute such
standards to all tribes and publish such final stand-
ards in the Federal Register. The Secretary shall re-
vise such standards periodically as necessary. Prior to
any revision of such final standards, the Secretary
shall distribute such proposed revision to all the
tribes, and publish such proposed revision in the Fed-
eral Register, for the purpose of receiving comments
from the tribes and other interested parties.
288
‘‘(3) APPLICABILITY OF STANDARDS.—Except as
provided in subsection (e), the final standards pub-
lished under paragraph (2) shall apply to all Bureau
funded schools not accredited under subsection (f),
and may also serve as a model for educational pro-
grams for Indian children in public schools.
‘‘(4) CONSIDERATIONS WHEN ESTABLISHING AND
REVISING STANDARDS.—In establishing and revising
such standards, the Secretary shall take into account
the unique needs of Indian students and support and
reinforcement of the specific cultural heritage of each
tribe.
‘‘(d) ALTERNATIVE OR MODIFIED STANDARDS.—The
Secretary shall provide alternative or modified standards
in lieu of the standards established under subsection (c),
where necessary, so that the programs of each school are
in compliance with the minimum accreditation standards
required for schools in the State or region where the school
is located.
‘‘(e) WAIVER OF STANDARDS; ALTERNATIVE STAND-
ARDS.—A tribal governing body, or the local school board
so designated by the tribal governing body, shall have the
local authority to waive, in part or in whole, the standards
established under subsection (c) and (d) if such standards
are deemed by such body to be inappropriate. The tribal
289
governing body or designated school board shall, not later
than 60 days after a waiver under this subsection, submit
to the Secretary a proposal for alternative standards that
take into account the specific needs of the tribe’s children.
Such alternative standards shall be established by the Sec-
retary unless specifically rejected by the Secretary for good
cause and in writing to the affected tribes or local school
board, which rejection shall be final and not subject to re-
view.
‘‘(f) 
ACCREDITATION
AND
IMPLEMENTATION
OF
STANDARDS.—
‘‘(1) DEADLINE FOR MEETING STANDARDS.—Not
later the second academic year after publication of the
standards, to the extent necessary funding is pro-
vided, all Bureau funded schools shall meet the stand-
ards established under subsections (c) and (d) or shall
be accredited—
‘‘(A) by a tribal accrediting body, if the ac-
creditation standards of the tribal accrediting
body have been accepted by formal action of the
tribal governing body and are equal to or exceed
the accreditation standards of the State or region
in which the school is located;
‘‘(B) by a regional accreditation agency; or
290
‘‘(C) by State accreditation standards for
the State in which it is located.
‘‘(2) DETERMINATION OF STANDARDS TO BE AP-
PLIED.—The accreditation type or standards applied
for each school shall be determined by the school board
of the school, in consultation with the Administrator
of the school, provided that in the case where the
School Board and the Administrator fail to agree on
the type of accreditation and standards to apply, the
decision of the school board with the approval of the
tribal governing body shall be final.
‘‘(3) ASSISTANCE TO SCHOOL BOARDS.—The Sec-
retary, through contracts and grants, shall assist
school boards of contract or grant schools in imple-
mentation of the standards established under sub-
sections (c) and (d), if the school boards request that
such standards, in part or in whole, be implemented.
‘‘(4) FISCAL CONTROL AND FUND ACCOUNTING
STANDARDS.—The Bureau shall, either directly or
through contract with an Indian organization, estab-
lish a consistent system of reporting standards for fis-
cal control and fund accounting for all contract and
grant schools. Such standards shall provide data com-
parable to those used by Bureau operated schools.
291
‘‘(g) ANNUAL PLAN FOR MEETING OF STANDARDS.—
Except as provided in subsections (e) and (f), the Secretary
shall begin to implement the standards established under
this section immediately upon the date of their establish-
ment. On an annual basis, the Secretary shall submit to
the appropriate committees of Congress, all Bureau funded
schools, and the tribal governing bodies of such schools a
detailed plan to bring all Bureau schools and contract or
grant schools up to the level required by the applicable
standards established under this section. Such plan shall
include detailed information on the status of each school’s
educational program in relation to the applicable standards
established under this section, specific cost estimates for
meeting such standards at each school and specific timelines
for bringing each school up to the level required by such
standards.
‘‘(h) CLOSURE OR CONSOLIDATION OF SCHOOLS.—
‘‘(1) IN
GENERAL.—Except as specifically re-
quired by statute, no school or peripheral dormitory
operated by the Bureau on or after January 1, 1992,
may be closed or consolidated or have its program
substantially curtailed unless done according to the
requirements of this subsection.
‘‘(2) EXCEPTIONS.—This subsection shall not
apply—
292
‘‘(A) in those cases where the tribal gov-
erning body, or the local school board concerned
(if so designated by the tribal governing body),
requests closure or consolidation; or
‘‘(B) when a temporary closure, consolida-
tion, or substantial curtailment is required by
plant conditions which constitute an immediate
hazard to health and safety.
‘‘(3) REGULATIONS.—The Secretary shall, by
regulation, promulgate standards and procedures for
the closure, transfer to another authority, consolida-
tion, or substantial curtailment of Bureau schools, in
accordance with the requirements of this subsection.
‘‘(4) NOTICE.—Whenever closure, transfer to an-
other authority, consolidation, or substantial curtail-
ment of a school is under active consideration or re-
view by any division of the Bureau or the Depart-
ment of the Interior, the affected tribe, tribal gov-
erning body, and designated local school board, will
be notified immediately, kept fully and currently in-
formed, and afforded an opportunity to comment with
respect to such consideration or review. When a for-
mal decision is made to close, transfer to another au-
thority, consolidate, or substantially curtail a school,
the affected tribe, tribal governing body, and des-
293
ignated school board shall be notified at least 6
months prior to the end of the school year preceding
the proposed closure date. Copies of any such notices
and information shall be transmitted promptly to the
appropriate committees of Congress and published in
the Federal Register.
‘‘(5) REPORT.—The Secretary shall make a re-
port to the appropriate committees of Congress, the
affected tribe, and the designated school board describ-
ing the process of the active consideration or review
referred to in paragraph (4). The report shall include
a study of the impact of such action on the student
population, identify those students with particular
educational and social needs, and ensure that alter-
native services are available to such students. Such
report shall include the description of the consultation
conducted between the potential service provider, cur-
rent service provider, parents, tribal representatives
and the tribe or tribes involved, and the Director of
the Office of Indian Education Programs within the
Bureau regarding such students.
‘‘(6) LIMITATION ON CERTAIN ACTIONS.—No ir-
revocable action may be taken in furtherance of any
such proposed school closure, transfer to another au-
thority, consolidation or substantial curtailment (in-
294
cluding any action which would prejudice the per-
sonnel or programs of such school) prior to the end
of the first full academic year after such report is
made.
‘‘(7) TRIBAL
GOVERNING
BODY
APPROVAL
RE-
QUIRED FOR CERTAIN ACTIONS.—The Secretary may
terminate, contract, transfer to any other authority,
consolidate, or substantially curtail the operation or
facilities of—
‘‘(A) any Bureau funded school that is oper-
ated on or after of January 1, 1999;
‘‘(B) any program of such a school that is
operated on or after January 1, 1999; or
‘‘(C) any school board of a school operated
under a grant under the Tribally Controlled
Schools Act of 1988,
only if the tribal governing body approves such ac-
tion.
‘‘(i) APPLICATION FOR CONTRACTS OR GRANTS FOR
NON-BUREAU FUNDED SCHOOLS OR EXPANSION OF BU-
REAU FUNDED SCHOOLS.—
‘‘(1) IN GENERAL.—(A)(i) The Secretary shall
only consider the factors described in subparagraph
(B) in reviewing—
295
‘‘(I) applications from any tribe for the
awarding of a contract or grant for a school that
is not a Bureau funded school; and
‘‘(II) applications from any tribe or school
board of any Bureau funded school for—
‘‘(aa) a school which is not a Bureau
funded school; or
‘‘(bb) the expansion of a Bureau fund-
ed school which would increase the amount
of funds received by the Indian tribe or
school board under section 1127.
‘‘(ii) With respect to applications described in
this subparagraph, the Secretary shall give consider-
ation to all the factors described in subparagraph (B),
but no such application shall be denied based pri-
marily upon the geographic proximity of comparable
public education.
‘‘(B) With respect to applications described in
subparagraph (A) the Secretary shall consider the fol-
lowing factors relating to the program and services
that are the subject of the application:
‘‘(i) The adequacy of the facilities or the po-
tential to obtain or provide adequate facilities.
‘‘(ii) Geographic and demographic factors
in the affected areas.
296
‘‘(iii) The adequacy of the applicant’s pro-
gram plans or, in the case of a Bureau funded
school, of projected needs analysis done either by
the tribe or the Bureau.
‘‘(iv) Geographic proximity of comparable
public education.
‘‘(v) The stated needs of all affected parties,
including students, families, tribal governments
at both the central and local levels, and school
organizations.
‘‘(vi) Adequacy and comparability of pro-
grams already available.
‘‘(vii) Consistency of available programs
with tribal educational codes or tribal legislation
on education.
‘‘(viii) The history and success of these serv-
ices for the proposed population to be served, as
determined from all factors, including but not
limited to standardized examination perform-
ance.
‘‘(2) DETERMINATION ON APPLICATION.—(A) The
Secretary shall make a determination of whether to
approve any application described in paragraph
(1)(A) not later than 180 days after such application
is submitted to the Secretary.
297
‘‘(B) If the Secretary fails to make the deter-
mination with respect to an application by the date
described in subparagraph (A), the application shall
be treated a having been approved by the Secretary.
‘‘(3) REQUIREMENTS
FOR
APPLICATIONS.—(A)
Notwithstanding paragraph (2)(B), an application
described in paragraph (1)(A) may be approved by
the Secretary only if—
‘‘(i) the application has been approved by
the tribal governing body of the students served
by (or to be served by) the school or program
that is the subject of the application, and
‘‘(ii) written evidence of such approval is
submitted with the application.
‘‘(B) Each application described in paragraph
(1)(A) shall provide information concerning each of
the factors described in paragraph (1)(B).
‘‘(4) DENIAL OF APPLICATIONS.—Whenever the
Secretary makes a determination to deny approval of
any application described in paragraph (1)(A), the
Secretary shall—
‘‘(A) state the objections in writing to the
applicant not later 180 days after the applica-
tion is submitted to the Secretary;
298
‘‘(B) provide assistance to the applicant to
overcome stated objections; and
‘‘(C) provide the applicant a hearing, under
the same rules and regulations pertaining to the
Indian Self-Determination and Education As-
sistance Act and an opportunity to appeal the
objections raised by the Secretary.
‘‘(5) EFFECTIVE DATE OF A SUBJECT APPLICA-
TION.—(A) Except as otherwise provided in this
paragraph, the action which is the subject of any ap-
plication described in paragraph (1)(A) that is ap-
proved by the Secretary shall become effective at the
beginning of the academic year following the fiscal
year in which the application is approved, or at an
earlier date determined by the Secretary.
‘‘(B) If an application is treated as having been
approved by the Secretary under paragraph (2)(B),
the action that is the subject of the application shall
become effective on the date that is 18 months after
the date on which the application is submitted to the
Secretary, or at an earlier date determined by the
Secretary.
‘‘(6) STATUTORY
CONSTRUCTION.—Nothing in
this section shall be read so as to preclude the expan-
sion of grades and related facilities at a Bureau fund-
299
ed school where such expansion and the maintenance
of such expansion is occasioned or paid for with non-
Bureau funds.
‘‘(j) GENERAL USE OF FUNDS.—Funds received by
Bureau funded schools from the Bureau of Indian Affairs
and under any program from the Department of Education
or any other Federal agency for the purpose of providing
education or related services may be used for schoolwide
projects to improve the educational program for all Indian
students.
‘‘(k) STUDY
ON ADEQUACY
OF FUNDS
AND FOR-
MULAS.—The Comptroller General shall conduct a study,
in consultation with Indian tribes and local school boards,
to determine the adequacy of funding, and formulas used
by the Bureau to determine funding, for programs operated
by Bureau funded schools, taking into account unique cir-
cumstances applicable to Bureau funded schools, as well as
expenditures for comparable purposes in public schools na-
tionally. Upon completion of the study, the Secretary of the
Interior shall take such action as necessary to ensure dis-
tribution of the findings of the study to all affected Indian
tribes, local school boards, and associations of local school
boards.
300
‘‘SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUA-
TIONS.
‘‘(a) IN GENERAL.—The Secretary, in consultation
with the Secretary of Education, Indian organizations and
tribes, and Bureau funded schools, shall revise the national
standards for home-living (dormitory) situations to include
such factors as heating, lighting, cooling, adult-child ratios,
needs for counselors (including special needs related to off-
reservation home-living (dormitory) situations), thera-
peutic programs, space, and privacy. Such standards shall
be implemented in Bureau operated schools, and shall serve
as minimum standards for contract or grant schools. Once
established, any revisions of such standards shall be devel-
oped according to the requirements established under section
1138A.
‘‘(b) IMPLEMENTATION.—The Secretary shall imple-
ment the revised standards established under this section
immediately upon their completion.
‘‘(c) PLAN.—At the time of each annual budget submis-
sion for Bureau educational services is presented, the Sec-
retary shall submit to the appropriate committees of Con-
gress, the tribes, and the affected schools, and publish in
the Federal Register, a detailed plan to bring all Bureau
funded schools that provide home-living (dormitory) situa-
tions up to the standards established under this section.
Such plan shall include a statement of the relative needs
301
of each Bureau funded home-living (dormitory) school, pro-
jected future needs of each Bureau funded home-living (dor-
mitory) school, detailed information on the status of each
school in relation to the standards established under this
section, specific cost estimates for meeting each standard for
each such school, aggregate cost estimates for bringing all
such schools into compliance with the criteria established
under this section, and specific timelines for bringing each
school into compliance with such standards.
‘‘(d) WAIVER.—The criteria established under this sec-
tion may be waived in the same manner as the standards
provided under section 1121(c) may be waived.
‘‘(e) CLOSURE FOR FAILURE TO MEET STANDARDS
PROHIBITED.—No school in operation on or before January
1, 1987 (regardless of compliance or noncompliance with
the criteria established under this section), may be closed,
transferred to another authority, consolidated, or have its
program substantially curtailed for failure to meet the cri-
teria.
‘‘SEC. 1123. REGULATIONS.
‘‘(a) PART 32 OF TITLE 25 OF CODE OF FEDERAL
REGULATIONS.—The provisions of part 32 of title 25 of the
Code of Federal Regulations, as in effect on January 1,
1987, are incorporated into this Act and shall be treated
as though such provisions are set forth in this subsection.
302
Such provisions may be altered only by means of an Act
of Congress. To the extent that such provisions of part 32
do not conform with this Act or any statutory provision
of law enacted before November 1, 1978, the provisions of
this Act and the provisions of such other statutory law shall
govern.
‘‘(b) REGULATION DEFINED.—For purposes of this
part, the term ‘regulation’ means any rules, regulations,
guidelines, interpretations, orders, or requirements of gen-
eral applicability prescribed by any officer or employee of
the executive branch.
‘‘SEC. 1124. SCHOOL BOUNDARIES.
‘‘(a) ESTABLISHMENT BY SECRETARY.—The Secretary
shall establish, by regulation, separate geographical attend-
ance areas for each Bureau funded school.
‘‘(b) ESTABLISHMENT BY TRIBAL BODY.——In any
case where there is more than 1 Bureau funded school lo-
cated on an Indian reservation, at the direction of the tribal
governing body, the relevant school boards of the Bureau
funded schools on the reservation may, by mutual consent,
establish the relevant attendance areas for such schools, sub-
ject to the approval of the tribal governing body. Any such
boundaries so established shall be accepted by the Secretary.
‘‘(c) BOUNDARY REVISIONS.—
303
‘‘(1) IN GENERAL.—On or after July 1, 1999, no
geographical attendance area shall be revised or estab-
lished with respect to any Bureau funded school un-
less the tribal governing body or the local school board
concerned (if so designated by the tribal governing
body) has been afforded—
‘‘(A) at least 6 months notice of the inten-
tion of the Bureau to revise or establish such at-
tendance area; and
‘‘(B) the opportunity to propose alternative
boundaries.
Any tribe may petition the Secretary for revision of
existing attendance area boundaries. The Secretary
shall accept such proposed alternative or revised
boundaries unless the Secretary finds, after consulta-
tion with the affected tribe or tribes, that such revised
boundaries do not reflect the needs of the Indian stu-
dents to be served or do not provide adequate stability
to all of the affected programs. The Secretary shall
cause such revisions to be published in the Federal
Register.
‘‘(2) TRIBAL
RESOLUTION
DETERMINATION.—
Nothing in this section shall be interpreted as denying
a tribal governing body the authority, on a con-
tinuing basis, to adopt a tribal resolution allowing
304
parents the choice of the Bureau funded school their
children may attend, regardless of the attendance
boundaries established under this section.
‘‘(d) FUNDING RESTRICTIONS.—The Secretary shall
not deny funding to a Bureau funded school for any eligible
Indian student attending the school solely because that stu-
dent’s home or domicile is outside of the geographical at-
tendance area established for that school under this section.
No funding shall be made available without tribal author-
ization to enable a school to provide transportation for any
student to or from the school and a location outside the ap-
proved attendance area of the school.
‘‘(e) RESERVATION AS BOUNDARY.—In any case where
there is only 1 Bureau funded program located on an In-
dian reservation, the attendance area for the program shall
be the boundaries (established by treaty, agreement, legisla-
tion, court decisions, or executive decisions and as accepted
by the tribe) of the reservation served, and those students
residing near the reservation shall also receive services from
such program.
‘‘(f) OFF-RESERVATION HOME-LIVING (DORMITORY)
SCHOOLS.—Notwithstanding any geographical attendance
areas, attendance at off-reservation home-living (dormitory)
schools shall include students requiring special emphasis
programs to be implemented at each off-reservation home-
305
living (dormitory) school. Such attendance shall be coordi-
nated between education line officers, the family, and the
referring and receiving programs.
‘‘SEC. 1125. FACILITIES CONSTRUCTION.
‘‘(a) COMPLIANCE WITH HEALTH AND SAFETY STAND-
ARDS.—The Secretary shall immediately begin to bring all
schools, dormitories, and other Indian education-related fa-
cilities operated by the Bureau or under contract or grant
with the Bureau into compliance with all applicable tribal,
Federal, or State health and safety standards, whichever
provides greater protection (except that the tribal standards
to be applied shall be no greater than any otherwise appli-
cable Federal or State standards), with section 504 of the
Rehabilitation Act of 1973, and with the Americans with
Disabilities Act of 1990. Nothing in this section shall re-
quire termination of the operations of any facility which
does not comply with such provisions and which is in use
on the date of enactment of the Student Results Act of 1999.
‘‘(b) COMPLIANCE PLAN.—At the time that the annual
budget request for Bureau educational services is presented,
the Secretary shall submit to the appropriate committees
of Congress a detailed plan to bring all facilities covered
under subsection (a) of this section into compliance with
the standards referred to in subsection (a). Such plan shall
include detailed information on the status of each facility’s
306
compliance with such standards, specific cost estimates for
meeting such standards at each school, and specific
timelines for bringing each school into compliance with
such standards.
‘‘(c) CONSTRUCTION PRIORITIES.—
‘‘(1) SYSTEM
TO
ESTABLISH
PRIORITIES.—On
an annual basis the Secretary shall submit to the ap-
propriate committees of Congress and cause to be pub-
lished in the Federal Register, the system used to es-
tablish priorities for replacement and construction
projects for Bureau funded schools and home-living
schools, including boarding schools and dormitories.
At the time any budget request for education is pre-
sented, the Secretary shall publish in the Federal Reg-
ister and submit with the budget request the current
list of all Bureau funded school construction prior-
ities.
‘‘(2) LONG-TERM CONSTRUCTION AND REPLACE-
MENT LIST.—In addition to the plan submitted under
subsection (b), the Secretary shall—
‘‘(A) not later than 18 months after the date
of enactment of the Student Results Act of 1999,
establish a long-term construction and replace-
ment list for all Bureau funded schools;
307
‘‘(B) using the list prepared under subpara-
graph (A), propose a list for the orderly replace-
ment of all Bureau funded education-related fa-
cilities over a period of 40 years to enable plan-
ning and scheduling of budget requests;
‘‘(C) cause the list prepared under sub-
section (B) to be published in the Federal Reg-
ister and allow a period of not less than 120
days for public comment;
‘‘(D) make such revisions to the list pre-
pared under subparagraph (B) as are appro-
priate based on the comments received; and
‘‘(E) cause the final list to be published in
the Federal Register.
‘‘(3) EFFECT ON OTHER LIST.—Nothing in this
section shall be construed as interfering with or
changing in any way the construction priority list as
it exists on the date of the enactment of the Student
Results Act of 1999.
‘‘(d) HAZARDOUS CONDITION AT BUREAU SCHOOL.—
‘‘(1) CLOSURE OR CONSOLIDATION.—A Bureau
funded school may be closed or consolidated, and the
programs of a Bureau funded school may be substan-
tially curtailed by reason of plant conditions that
constitute an immediate hazard to health and safety