IIA
103D CONGRESS
2D SESSION
H. R. 6
IN THE SENATE OF THE UNITED STATES
APRIL 15 (legislative day, APRIL 11), 1994
Received
APRIL 19 (legislative day, APRIL 11), 1994
Read twice and referred to the Committee on Labor and Human Resources
AN ACT
To extend for five years the authorizations of appropriations
for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Improving America’s Schools Act of 1994’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title.
Sec. 2. Effective dates; transition.
TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965
Sec. 101. Amendments to the Elementary and Secondary Education Act of
1965.
‘‘Sec. 1. Short title.
‘‘TITLE I—IMPROVED EDUCATION FOR DISADVANTAGED
CHILDREN
‘‘Sec. 1001. Declaration of policy and statement of purpose.
‘‘Sec. 1002. Authorization of appropriations.
‘‘PART A—BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS
‘‘Sec. 1111. State plans.
‘‘Sec. 1112. Local educational agency plans.
‘‘Sec. 1113. Eligible school attendance areas.
‘‘Sec. 1114. Schoolwide programs.
‘‘Sec. 1115. Targeted assistance schools.
‘‘Sec. 1115A. School choice.
‘‘Sec. 1116. Assessment and school and local educational agency improve-
ment.
‘‘Sec. 1117. State assistance for school support and improvement.
‘‘Sec. 1118. Parental involvement.
‘‘Sec. 1119. Professional development.
‘‘Sec. 1120. Participation of children enrolled in private schools.
‘‘Sec. 1121. Fiscal requirements.
‘‘SUBPART 2—ALLOCATIONS
‘‘Sec. 1122. Grants for the outlying areas and the Secretary of the Inte-
rior.
‘‘Sec. 1123. Allocations to States.
‘‘Sec. 1124. Basic grants to local educational agencies.
‘‘Sec. 1124A. Concentration grants to local educational agencies.
‘‘Sec. 1125. Targeted grants to local educational agencies.
‘‘Sec. 1126. Special allocation procedures.
‘‘Sec. 1127. Carryover and waiver.
‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS
‘‘Sec. 1201. Statement of purpose.
‘‘Sec. 1202. Program authorized.
‘‘Sec. 1203. State programs.
‘‘Sec. 1204. Uses of funds.
‘‘Sec. 1205. Program elements.
‘‘Sec. 1206. Eligible participants.
‘‘Sec. 1207. Applications.
‘‘Sec. 1208. Award of subgrants.
‘‘Sec. 1209. Evaluation.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘Sec. 1301. Program purpose.
‘‘Sec. 1302. Program authorized.
‘‘Sec. 1303. State allocations.
‘‘Sec. 1304. State applications; services.
‘‘Sec. 1305. Secretarial approval; peer review.
‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; au-
thorized activities.
‘‘Sec. 1307. Bypass.
‘‘Sec. 1308. Coordination of migrant education activities.
‘‘Sec. 1309. Distance learning.
‘‘Sec. 1310. Definitions.
‘‘PART D—PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT
YOUTH AND YOUTH AT RISK OF DROPPING OUT
‘‘Sec. 1401. Findings; purpose; program authorized.
‘‘Sec. 1402. Payments for programs under this part.
‘‘SUBPART 1—STATE AGENCY PROGRAMS
‘‘Sec. 1403. Amount of allocation to State.
‘‘Sec. 1404. State plan.
‘‘Sec. 1405. Use of funds.
‘‘Sec. 1406. Institution-wide projects.
‘‘Sec. 1407. Three-year projects.
‘‘Sec. 1408. Transition services.
‘‘SUBPART 2—LOCAL AGENCY PROGRAMS
‘‘Sec. 1410. Programs operated by local educational agencies.
‘‘Sec. 1411. Program evaluations.
‘‘Sec. 1412. Definitions.
‘‘PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION
PROJECTS
‘‘Sec. 1501. Evaluations.
‘‘Sec. 1502. Demonstrations of innovative practices.
‘‘Sec. 1503. Innovative elementary school transition projects.
‘‘PART F—GENERAL PROVISIONS
‘‘Sec. 1601. Federal regulations.
‘‘Sec. 1602. Coordination of Federal, State, and local administration.
‘‘Sec. 1603. State administration.
‘‘TITLE II—IMPROVING TEACHING AND LEARNING
‘‘PART A—DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT
PROGRAM
‘‘Sec. 2101. Findings.
‘‘Sec. 2102. Purposes.
‘‘Sec. 2103. Authorization of appropriations; allocation between subparts.
‘‘SUBPART 1—FEDERAL ACTIVITIES
‘‘Sec. 2111. Program authorized.
‘‘Sec. 2112. Authorized activities.
‘‘SUBPART 2—STATE AND LOCAL ACTIVITIES
‘‘Sec. 2121. Program authorized.
‘‘Sec. 2122. Allocation of funds.
‘‘Sec. 2123. Within-State allocations.
‘‘Sec. 2124. State applications.
‘‘Sec. 2125. State-level activities.
‘‘Sec. 2126. Local plan and application for improving teaching and learn-
ing.
‘‘Sec. 2127. Local cost sharing.
‘‘Sec. 2128. Local allocation of funds and allowable activities.
‘‘Sec. 2129. Higher education activities.
‘‘SUBPART 3—GENERAL PROVISIONS
‘‘Sec. 2131. Reporting and accountability.
‘‘Sec. 2132. Definitions.
‘‘PART B—TECHNOLOGY EDUCATION ASSISTANCE
‘‘SUBPART 1—ASSISTANCE TO STATE AND LOCAL EDUCATIONAL AGENCIES
‘‘Sec. 2201. Short title.
‘‘Sec. 2202. Findings.
‘‘Sec. 2203. Statement of purpose.
‘‘Sec. 2204. Definitions.
‘‘Sec. 2205. In-State apportionment.
‘‘Sec. 2206. Elementary and secondary education programs.
‘‘Sec. 2207. Higher education programs.
‘‘Sec. 2208. Library and literacy programs.
‘‘Sec. 2209. State educational technology plan.
‘‘Sec. 2210. Local educational technology plan.
‘‘Sec. 2211. Federal administration.
‘‘Sec. 2212. Allocation of funds.
‘‘Sec. 2213. Authorization of appropriations.
‘‘SUBPART 2—RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF
EDUCATIONAL TECHNOLOGY
‘‘Sec. 2214. Findings and purposes.
‘‘Sec. 2215. Office of Educational Technology.
‘‘Sec. 2216. National long-range plan.
‘‘Sec. 2217. Federal leadership.
‘‘Sec. 2218. Authorization of appropriations.
‘‘SUBPART 3—STAR SCHOOLS PROGRAM
‘‘Sec. 2219. Findings.
‘‘Sec. 2220. Statement of purpose.
‘‘Sec. 2221. Program authorized.
‘‘Sec. 2222. Eligible entities.
‘‘Sec. 2223. Applications.
‘‘Sec. 2224. Leadership and evaluation activities.
‘‘Sec. 2225. Definitions.
‘‘SUBPART 4—DEVELOPMENT OF EDUCATIONAL TECHNOLOGY PRODUCTS
‘‘Sec. 2226. Educational technology product development.
‘‘PART C—LIBRARY MEDIA PROGRAM
‘‘Sec. 2231. Establishment of program.
‘‘Sec. 2232. Allocation to States.
‘‘Sec. 2233. State plans.
‘‘Sec. 2234. Distribution of allocation to local educational agencies.
‘‘Sec. 2235. Authorization of appropriations.
‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
‘‘Sec. 2341. Findings.
‘‘Sec. 2342. Purpose.
‘‘Sec. 2343. Programs authorized.
‘‘Sec. 2344. Requirements of comprehensive assistance centers.
‘‘Sec. 2345. Duties of comprehensive assistance centers.
‘‘Sec. 2346. Service and application requirements..
‘‘Sec. 2347. State-based activities.
‘‘Sec. 2348. Program priorities.
‘‘Sec. 2349. Technology-based technical assistance.
‘‘Sec. 2350. Administration.
‘‘Sec. 2351. Authorization of appropriations.
‘‘PART E—INNOVATIVE EDUCATION PROGRAM STRATEGIES
‘‘Sec. 2401. Findings and statement of purpose.
‘‘Sec. 2402. Authorization of appropriations; duration of assistance.
‘‘Sec. 2403. Definition.
‘‘SUBPART 1—STATE AND LOCAL PROGRAMS
‘‘Sec. 2411. Allotment to States.
‘‘Sec. 2412. Allocation to local educational agencies.
‘‘SUBPART 2—STATE PROGRAMS
‘‘Sec. 2421. State uses of funds.
‘‘Sec. 2423. State applications.
‘‘SUBPART 3—LOCAL TARGETED ASSISTANCE PROGRAMS
‘‘Sec. 2431. Targeted use of funds.
‘‘Sec. 2432. Administrative authority.
‘‘Sec. 2433. Local applications.
‘‘SUBPART 4—GENERAL ADMINISTRATIVE PROVISIONS
‘‘Sec. 2441. Maintenance of effort; Federal funds supplementary.
‘‘Sec. 2442. Participation of children enrolled in private schools.
‘‘Sec. 2443. Evaluations and reporting.
‘‘Sec. 2444. Federal administration.
‘‘Sec. 2445. Application of General Education Provisions Act.
‘‘PART F—21ST CENTURY COMMUNITY LEARNING CENTERS
‘‘Sec. 2451. Findings.
‘‘Sec. 2452. Program authorization and distribution.
‘‘PART C—SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR
INDIANS
‘‘Sec. 6301. Improvement of educational opportunities for adult Indians.
‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO STATES
‘‘Sec. 6401. National activities.
‘‘Sec. 6402. State educational agency review.
‘‘PART E—FEDERAL ADMINISTRATION
‘‘Sec. 6501. Office of Indian education.
‘‘Sec. 6502. National Advisory Council on Indian Education.
‘‘Sec. 6503. Peer review.
‘‘Sec. 6504. Preference for Indian applicants.
‘‘Sec. 6505. Minimum grant criteria.
‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
‘‘Sec. 6601. Definitions.
‘‘Sec. 6602. Authorizations of appropriations.
‘‘TITLE VII—BILINGUAL EDUCATION PROGRAMS
‘‘Sec. 7001. Short title.
‘‘Sec. 7002. Findings, policy, and purpose.
‘‘Sec. 7003. Authorization of appropriations.
‘‘Sec. 7004. Definitions; regulations.
‘‘Sec. 7005. Indian and Alaskan Native children in schools.
‘‘Sec. 7006. Residents of the territories and freely associated nations.
‘‘PART A—BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
‘‘Sec. 7101. Purpose of grants.
‘‘Sec. 7102. Program development and implementation grants.
‘‘Sec. 7103. Program enhancement projects.
‘‘Sec. 7104. Whole-school programs.
‘‘Sec. 7105. System-wide improvement grants.
‘‘Sec. 7106. Applications.
‘‘Sec. 7107. Intensified instruction.
‘‘Sec. 7108. Capacity building.
‘‘Sec. 7109. Subgrants.
‘‘Sec. 7110. Geographic distribution of funds.
‘‘Sec. 7111. Programs in Puerto Rico.
‘‘Sec. 7112. Evaluations.
‘‘PART B—RESEARCH AND DISSEMINATION
‘‘Sec. 7201. Use of funds.
‘‘Sec. 7202. Research.
‘‘Sec. 7203. Academic excellence awards.
‘‘Sec. 7204. State grant program.
‘‘Sec. 7205. National Clearinghouse for Bilingual Education.
‘‘Sec. 7206. Instructional materials development.
‘‘Sec. 7207. Evaluation Assistance Centers and Multifunctional Resource
Centers.
‘‘PART C—BILINGUAL EDUCATION TEACHER TRAINING
‘‘Sec. 7301. Purpose.
‘‘Sec. 7302. Training for all teachers program.
‘‘Sec. 7303. Bilingual education teachers and personnel grants.
‘‘Sec. 7304. Bilingual education career ladder program.
‘‘Sec. 7305. Graduate fellowships in bilingual education program.
‘‘Sec. 7306. Applications.
‘‘Sec. 7307. Program requirements.
‘‘Sec. 7308. Stipends.
‘‘Sec. 7309. Program evaluations under part C.
‘‘PART D—ADMINISTRATION
‘‘Sec. 7401. Office of Bilingual Education and Minority Language Affairs.
‘‘Sec. 7402. Release time.
‘‘Sec. 7403. Education technology.
‘‘Sec. 7404. Notification.
‘‘Sec. 7405. Continued eligibility.
‘‘Sec. 7406. Limitation of authority.
‘‘PART E—TRANSITION
‘‘Sec. 7501. Transition provisions.
‘‘PART F—EMERGENCY IMMIGRANT EDUCATION PROGRAM
‘‘Sec. 7601. Purpose.
‘‘Sec. 7602. State administrative costs.
‘‘Sec. 7603. Withholding.
‘‘Sec. 7604. State allocations.
‘‘Sec. 7605. State applications.
‘‘Sec. 7606. Payments.
‘‘Sec. 7607. Uses of funds.
‘‘Sec. 7608. Reports.
‘‘Sec. 7609. Authorization of appropriations.
‘‘TITLE VIII—IMPACT AID
‘‘Sec. 8001. Findings.
‘‘Sec. 8002. Purpose.
‘‘Sec. 8003. Payments relating to Federal acquisition of real property.
‘‘Sec. 8004. Payments for eligible federally-connected children.
‘‘Sec. 8005. Policies and procedures relating to children residing on Indian
lands.
‘‘Sec. 8006. Application for payments under sections 8003 and 8004.
‘‘Sec. 8007. Payments for sudden and substantial increases in attendance
of military dependents.
‘‘Sec. 8008. Facilities.
‘‘Sec. 8009. State consideration of payments in providing State aid.
‘‘Sec. 8010. Federal administration.
‘‘Sec. 8011. Administrative hearings and judicial review.
‘‘Sec. 8012. Definitions.
‘‘Sec. 8013. Authorization of appropriations.
‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘Sec. 9101. Definitions.
‘‘Sec. 9102. Applicability of this title.
‘‘Sec. 9103. References in other Acts.
‘‘Sec. 9104. Applicability to Bureau of Indian Affairs operated schools.
‘‘PART B—FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER
FUNDS
‘‘Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
‘‘Sec. 9202. Single local educational agency States.
‘‘Sec. 9203. Consolidation of funds for local administration.
‘‘Sec. 9204. Administrative funds study.
‘‘Sec. 9205. Consolidated set-aside for Department of the Interior funds.
‘‘Sec. 9206. Availability of unneeded program funds.
‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
‘‘Sec. 9301. Purpose.
‘‘Sec. 9302. Optional consolidated State application.
‘‘Sec. 9303. General applicability of State educational agency assurances.
‘‘Sec. 9304. Consolidated local applications.
‘‘Sec. 9305. Other general assurances.
‘‘PART D—WAIVERS
‘‘Sec. 9401. Waivers of statutory and regulatory requirements.
‘‘PART E—UNIFORM PROVISIONS
‘‘Sec. 9501. Maintenance of effort.
‘‘Sec. 9502. Prohibition regarding State aid.
‘‘Sec. 9503. Participation by private school children and teachers.
‘‘Sec. 9504. Standards for by-pass.
‘‘Sec. 9505. Complaint process for participation of private school children.
‘‘Sec. 9506. By-pass determination process.
‘‘Sec. 9507. Prohibition against funds for religious worship or instruction.
‘‘Sec. 9508. Applicability to home schools.
‘‘Sec. 9509. General provision regarding nonrecipient nonpublic schools.
‘‘Sec. 9510. Compliance with Buy American Act.
‘‘Sec. 9511. Sense of Congress; requirement regarding notice.
‘‘Sec. 9512. Prohibition of contracts.
‘‘Sec. 9513. Prohibition against funds for protected prayer.
‘‘Sec. 9514. Sex education.
‘‘Sec. 9515. Prohibition against funds for homosexual support.
‘‘Sec. 9516. Nonsmoking policy.
‘‘PART F—GUN POSSESSION
‘‘Sec. 9601. Policy for gun possession.
‘‘Sec. 9602. Ethical principles.
‘‘PART G—CUSTODIAL SERVICES
‘‘Sec. 9701. Compensation of custodians.
‘‘PART H—SENSE OF THE CONGRESS TO INCREASE THE TOTAL SHARE OF
FEDERAL SPENDING ON EDUCATION
‘‘TITLE X—COORDINATED SERVICES PROJECTS
‘‘Sec. 10001. Findings and purpose.
‘‘Sec. 10002. Definitions.
‘‘Sec. 10003. Project development and implementation.
‘‘Sec. 10004. Uses of funds.
‘‘Sec. 10005. Continuing authority.
‘‘Sec. 10006. Federal agency coordination.
‘‘TITLE XI—SCHOOL FACILITIES IMPROVEMENT ACT
‘‘Sec. 11001. Findings.
‘‘Sec. 11002. Purpose.
‘‘Sec. 11003. Federal assistance in the form of loans.
‘‘Sec. 11004. General provisions.
‘‘Sec. 11005. Definitions.
‘‘Sec. 11006. Authorization.
‘‘TITLE XII—URBAN AND RURAL EDUCATION ASSISTANCE
‘‘PART A—URBAN EDUCATION DEMONSTRATION GRANTS
‘‘Sec. 12000. Authorization of appropriations.
‘‘Sec. 12001. Findings.
‘‘Sec. 12002. Statement of purpose.
‘‘Sec. 12003. Urban education demonstration grants.
‘‘Sec. 12004. Research and evaluation grants.
‘‘Sec. 12005. Use of funds.
‘‘Sec. 12006. Augustus F. Hawkins National Commission on Urban Edu-
cation.
‘‘Sec. 12007. Evaluation.
‘‘PART B—RURAL EDUCATION DEMONSTRATION GRANTS
‘‘Sec. 12101. Findings.
‘‘Sec. 12102. Statement of purpose.
‘‘Sec. 12103. Rural school grants.
‘‘Sec. 12104. Higher education grants.
‘‘Sec. 12105. National Commission on Rural Education.’’.
TITLE II—AMENDMENTS TO THE GENERAL EDUCATION
PROVISIONS ACT
PART A—APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
Sec. 211. Title; applicability; definitions.
Sec. 212. Repeal and redesignation.
PART B—THE DEPARTMENT OF EDUCATION
Sec. 221. New heading for part A.
‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF EDUCATION’’
Sec. 222. Office of non-public education.
Sec. 223. General authority of the Secretary.
Sec. 224. Coordination.
PART C—APPROPRIATIONS AND EVALUATIONS
Sec. 230. Forward funding.
Sec. 231. Availability of appropriations.
Sec. 232. Contingent extension of programs.
Sec. 233. State reports.
Sec. 234. Biennial evaluation report.
Sec. 235. Technical amendment.
Sec. 236. Coordination.
PART D—ADMINISTRATION OF EDUCATION PROGRAMS
Sec. 241. Joint funding of programs.
Sec. 242. Collection and dissemination of information.
Sec. 243. Review of applications.
Sec. 244. Technical amendment.
Sec. 245. Use of funds withheld.
Sec. 246. Applications.
Sec. 247. Regulations.
Sec. 248. Records; reduction in retention requirements.
Sec. 249. Release of records.
Sec. 250. Protection of pupil rights.
Sec. 251. Enforcement.
Sec. 252. Technical amendments.
Sec. 253. Equity for students, teachers, and other program beneficiaries.
Sec. 254. Disclosure requirements.
PART E—RELATED AMENDMENTS TO OTHER ACTS
Sec. 261. Department of Education Organization Act.
TITLE III—AMENDMENTS TO OTHER ACTS
PART A—AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT
Sec. 311. Allocations under section 611 of the IDEA.
Sec. 312. Treatment of chapter 1 State agencies.
Sec. 313. Infants and toddlers with disabilities.
PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTH
Sec. 320. Amendments to table of contents.
‘‘Subtitle A—Adult Education for the Homeless
‘‘Sec. 701. State literacy initiatives.
‘‘Subtitle B—Education for Homeless Children and Youth
‘‘Sec. 721. Statement of policy.
‘‘Sec. 722. Grants for State and local activities for the education of home-
less children and youth.
‘‘Sec. 723. Local educational agency grants for the education of homeless
children and youth.
‘‘Sec. 724. Secretarial responsibilities.
‘‘Sec. 725. Definitions.
‘‘Sec. 726. Authorization of appropriations.’’.
Sec. 321. Statement of policy.
Sec. 322. Education for homeless children and youth.
PART C—IMPACT AID STATUTES
Sec. 331. Amendments to Public Law 815.
‘‘Sec. 2. Portion of appropriations available for payments.
‘‘Sec. 3. Establishment of priorities.
‘‘Sec. 5. Limitation on total payments to any local educational agency.’’.
Sec. 332. Repeal of Public Law 874.
PART D—AMENDMENTS TO ADULT EDUCATION ACT
Sec. 335. Amendments to Adult Education Act.
Part E—Amendments to Education Council Act of 1991
Sec. 341. Findings.
Sec. 342. National writing project.
PART F—AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
Sec. 351. Bureau of Indian Affairs.
Sec. 352. Application with respect to Indian Self-Determination and Education
Assistance Act.
Sec. 353. Payments.
Sec. 354. Endowment funds.
Sec. 355. Higher education amendments of 1992.
TITLE IV—NATIONAL EDUCATION STATISTICS
Sec. 401. Short title.
Sec. 402. Findings; purpose; definitions.
Sec. 403. National Center for Education Statistics.
Sec. 404. Duties of the Center.
Sec. 405. Performance of duties.
Sec. 406. Reports.
Sec. 407. Advisory Council on Education Statistics.
Sec. 408. Confidentiality.
Sec. 409. Dissemination.
Sec. 410. Cooperative education statistics systems.
Sec. 411. National Assessment of Educational Progress.
Sec. 412. National Assessment Governing Board.
Sec. 413. Authorization of appropriations.
TITLE V—MISCELLANEOUS
Sec. 501. Evaluation of Federal efforts to assist in school reform.
Sec. 502. Study of the effectiveness and impact of Federal categorical aid pro-
grams.
Sec. 503. Budget compliance.
SEC. 2. EFFECTIVE DATES; TRANSITION.
(a) EFFECTIVE DATES.—(1)(A) Except as provided
in subparagraph (B), the provisions of title I of this Act
shall take effect July 1, 1995, except that those provisions
of title I that apply to programs under title VIII of the
Elementary and Secondary Education Act of 1965, as
amended by this Act, and to programs that are conducted
on a competitive basis, shall be effective with respect to
appropriations for use under such programs in fiscal year
1995 and in subsequent fiscal years.
(B) Title VIII of the Elementary and Secondary Edu-
cation Act of 1965, as amended by title I of this Act, shall
take effect on October 1, 1994.
(2) The provisions of title II of this Act shall be effec-
tive upon enactment, except that section 253 of such title
shall be effective—
(A) July 1, 1995, for noncompetitive programs
in which funds are allocated on the basis of a for-
mula; and
(B) for programs that are conducted on a com-
petitive basis, with respect to appropriations for use
under such programs in fiscal year 1995 and in sub-
sequent fiscal years.
(3)(A) Parts A and B of title III of this Act shall
take effect July 1, 1995.
(B) Part C of title III of this Act shall take effect
on October 1, 1994.
(b) TRANSITION.—Notwithstanding any other provi-
sion of law, a recipient of funds under the Elementary and
Secondary Education Act of 1965, as in effect prior to
amendment by this Act, may use funds available to it
under such predecessor authority to carry out necessary
and reasonable planning and transition activities in order
to ensure a smooth implementation of programs author-
ized by this Act.
TITLE I—AMENDMENTS TO THE
ELEMENTARY AND SECOND-
ARY EDUCATION ACT OF 1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of
1965 is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘‘Elementary and Sec-
ondary Education Act of 1965’’.
‘‘TITLE 
I—IMPROVED 
EDU-
CATION 
FOR 
DISADVAN-
TAGED CHILDREN
‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF
PURPOSE.
‘‘(a) STATEMENT
OF POLICY.—The Congress de-
clares it to be the policy of the United States that a high-
quality education for all persons and a fair and equal op-
portunity to obtain such education—
‘‘(1) are a societal good necessary for creating
a vibrant future for our complex and diverse democ-
racy and for meeting the challenge of an internation-
ally competitive economy;
‘‘(2) are a private good because individual op-
portunity is greatly enhanced by being well educated;
‘‘(3) are a moral imperative in our society and
simple justice demands that the opportunity to ac-
quire skills and knowledge deemed necessary for
basic citizenship and economic opportunity be equal-
ly available to all; and
‘‘(4) improve the life of every person, because
the quality of individual lives ultimately depends on
the quality of the lives of others.
‘‘(b) RECOGNITION OF NEED.—The Congress recog-
nizes that—
‘‘(1) although the achievement gap between dis-
advantaged children and other children has been re-
duced by half over the past two decades, a sizable
gap remains, and many segments of our society lack
the opportunity to become well educated;
‘‘(2) the most urgent need for educational im-
provement is in schools with high concentrations of
children from low-income families and achieving the
National Education Goals will not be possible with-
out substantial improvement in these schools;
‘‘(3) educational needs are particularly great for
low-achieving children in the highest-poverty schools,
children with limited English proficiency, children of
migrant workers, Indian children, children who are
neglected or delinquent, and young children and
their parents who are in need of family-literacy serv-
ices; and
‘‘(4) while title I and other programs funded
under this Act contribute to narrowing the achieve-
ment gap between children in high-poverty and low-
poverty schools, such programs need to become even
more effective in improving schools in order to en-
able all children to achieve high standards.
‘‘(c) WHAT HAS BEEN LEARNED.—To enable schools
to provide all children a high-quality education, this title
builds upon what has been learned:
‘‘(1) All children can master challenging con-
tent and complex problem-solving skills and research
clearly shows that children, including low-achieving
children, can succeed when expectations are high
and they are given the opportunity to learn challeng-
ing material.
‘‘(2) Conditions outside the classroom such as
hunger, unsafe living conditions, homelessness, un-
employment, violence, inadequate health care, child
abuse, and drug and alcohol abuse can adversely af-
fect children’s academic achievement and must be
addressed through the coordination of services, such
as health and social services, in order for the Nation
to meet the National Education Goals.
‘‘(3) A better understanding of the principles of
good health can help children and adolescents suc-
ceed in school, become active, productive members of
society, and successfully compete in a rapidly chang-
ing global economy. Schools that provide quality
physical and health education contribute to enhanced
knowledge, behavior, and fitness of children and ado-
lescents.
‘‘(4) Use of low-level tests that are not aligned
with schools’ curricula fails to provide adequate in-
formation about what children know and can do and
encourages curricula and instruction that focus on
the low-level skills measured by such tests.
‘‘(5) Resources are more effective when they en-
sure that children have full access to effective regu-
lar school programs and receive supplemental help
through extended-time activities.
‘‘(6) The disproven theory that children must
first learn basic skills before engaging in more com-
plex tasks continues to dominate strategies for class-
room instruction, resulting in emphasis on repetitive
drill and practice at the expense of content-rich in-
struction, accelerated curricula, and effective teach-
ing to high standards.
‘‘(7) Intensive and sustained professional devel-
opment for teachers and other school staff (focused
on teaching and learning and on helping children at-
tain high standards) is too often not provided.
‘‘(8) Insufficient attention and resources are di-
rected toward the effective use of technology in
schools and the role it can play in professional devel-
opment and improved teaching and learning.
‘‘(9) All parents can contribute to their chil-
dren’s success by helping at home and becoming
partners with teachers so that children can achieve
high standards.
‘‘(10) Decentralized decisionmaking is a key in-
gredient of systemic reform. Schools need the re-
sources, flexibility, and responsibility to design and
implement effective strategies for bringing children
to high levels of performance and should accept re-
sponsibility to do so.
‘‘(11) Opportunities for students to achieve
high standards can be enhanced through a variety of
approaches such as public school choice and public
charter schools.
‘‘(12) Attention to academics alone cannot en-
sure that all children will reach high standards. The
health and other needs of children that affect learn-
ing are frequently unmet, particularly in high-pov-
erty schools, thereby necessitating coordination of
services to better meet children’s needs.
‘‘(13) Resources provided under this title can
be better targeted on the highest-poverty local edu-
cational agencies and schools that have children
most in need.
‘‘(d) STATEMENT OF PURPOSE.—The purpose of this
title is to enable schools to provide opportunities for chil-
dren served to acquire the knowledge and skills contained
in the rigorous State content standards and to meet the
challenging State performance standards developed for all
children under the Goals 2000: Educate America Act or,
in their absence, under this title. This purpose shall be
accomplished by—
‘‘(1) 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) providing children an enriched and acceler-
ated educational program through schoolwide pro-
grams or through additional services that increase
the amount and quality of instructional time so that
children served under this title receive at least the
classroom instruction that other children receive;
‘‘(3) promoting schoolwide reform and ensuring
access of children (from the earliest grades) to effec-
tive instructional strategies and challenging aca-
demic content that includes intensive complex think-
ing and problem-solving experiences;
‘‘(4) significantly upgrading the quality of cur-
ricula and instruction by providing staff in partici-
pating schools with substantial opportunities for in-
tensive and sustained professional development;
‘‘(5) coordinating services under all parts of
this title with each other, with other educational
services, and, to the extent feasible, with health and
social service programs funded from other sources;
‘‘(6) affording parents meaningful opportunities
to participate in the education of their children at
home and at school;
‘‘(7) distributing resources, in amounts suffi-
cient to make a difference, to schools where needs
are greatest;
‘‘(8) improving accountability, as well as teach-
ing and learning, by using State assessment systems
designed to measure how well children are achieving
high State standards of performance expected of all
children; and
‘‘(9) providing greater decisionmaking authority
and flexibility to schools and teachers in exchange
for greater responsibility for student performance.
‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
‘‘Appropriations are authorized for the following pro-
grams and activities under this title:
‘‘(1) LOCAL EDUCATIONAL AGENCY GRANTS.—
For the purpose of carrying out part A of this title,
other than sections 1117, and 1120(d), there are au-
thorized to be appropriated $7,400,000,000 for fis-
cal year 1995 and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(2) EVEN START.—For the purpose of carry-
ing out part B of this title, there are authorized to
be appropriated $118,000,000 for fiscal year 1995
and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
‘‘(3) EDUCATION OF MIGRATORY CHILDREN.—
For the purpose of carrying out part C of this title,
there 
are 
authorized 
to 
be 
appropriated
$310,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996,
1997, 1998, and 1999.
‘‘(4) PREVENTION
AND
INTERVENTION
SERV-
ICES FOR DELINQUENT YOUTH AND YOUTH AT RISK
OF DROPPING OUT.—For the purpose of carrying
out part D of this title, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘(5) CAPITAL EXPENSES.—For the purpose of
carrying out section 1120(d) of this title, there are
authorized to be appropriated $41,434,000 for fiscal
year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
‘‘(6) SCHOOL IMPROVEMENT.—For the purpose
of carrying out the activities authorized in section
1117 of this title, there are authorized to be appro-
priated $30,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
‘‘(7) FEDERAL ACTIVITIES.—(A) For the pur-
pose of carrying out section 1501 of this title, there
are authorized to be appropriated $9,000,000 for
fiscal year 1995 and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and
1999.
‘‘(B) For the purpose of carrying out sections
1502 and 1503 of this title, there are authorized to
be appropriated $20,000,000 for fiscal year 1995
and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
‘‘PART A—BASIC PROGRAMS OPERATED BY
LOCAL EDUCATIONAL AGENCIES
‘‘Subpart 1—Basic Program Requirements
‘‘SEC. 1111. STATE PLANS.
‘‘(a) PLANS REQUIRED.—(1) Any State desiring to
receive a grant under this part shall submit to the Sec-
retary a plan, developed in consultation with local edu-
cational agencies, teachers, administrators, and parents,
that—
‘‘(A)(i) is integrated with the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies
the requirements of this section that are not already
addressed by that State plan; and
‘‘(ii) is integrated with other State plans, if
any, under the School-to-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and Ap-
plied Technology Education Act, to the extent that
these plans have not already been incorporated in
the State’s plan under title III of the Goals 2000:
Educate America Act; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan—
‘‘(i) is integrated with other State plans
under this Act and other plans, including those
under the School-to-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and
Applied Technology Education Act, where such
plans exist; and
‘‘(ii) satisfies the requirements of this sec-
tion.
‘‘(2) The plan may be submitted as part of a consoli-
dated application under section 9302.
‘‘(3) A State may satisfy all or part of the require-
ments of this section by referencing applicable sections of
its approved State plan under title III of the Goals 2000:
Educate America Act.
‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—
(1)(A) Each State plan shall demonstrate that the State
has developed or adopted high-quality standards for chil-
dren served under this title that will be used by the State,
its local educational agencies, and its schools to carry out
this Act and that these standards be as challenging and
of the same high-quality as they are for all children. These
standards shall include—
‘‘(i) challenging content standards in the core
academic subjects that—
‘‘(I) specify what children served under
this title are expected to know and be able to
do;
‘‘(II) contain coherent and rigorous con-
tent; and
‘‘(III) emphasize the teaching of advanced
skills;
‘‘(ii) challenging performance standards that—
‘‘(I) are aligned with the State’s content
standards;
‘‘(II) describe two levels of high perform-
ance, ‘proficient’ and ‘advanced’, that determine
how well children served under this title are
mastering the material in the content stand-
ards; and
‘‘(III) include a third benchmark below
proficient, if necessary, to provide complete in-
formation about the progress of the lower-per-
forming children toward achieving the high
‘proficient’ and ‘advanced’ performance stand-
ards; and
‘‘(iii) model opportunity to learn standards for
schools which receive assistance under this title that
address—
‘‘(I) the alignment of curricula, instruc-
tional materials, and other school resources
with the content and performance standards
adopted by the State;
‘‘(II) the capability of teachers to provide
high quality instruction within each subject
area for which the State has adopted content
and performance standards; and
‘‘(III) such other factors that the State
deems appropriate to ensure that students
served under this title receive a fair opportunity
to achieve the knowledge and skills described in
content and performance standards adopted by
the State.
‘‘(B) For those core academic subjects in which a
State has not adopted challenging content and perform-
ance standards, the State plan shall include a schedule
for their development that includes the completion of
standards in mathematics and reading/language arts by
the end of the interim period as described in paragraph
(8).
‘‘(2)(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what con-
stitutes adequate yearly progress of—
‘‘(i) any school served under this part toward
enabling children to meet the State’s ‘proficient’ and
‘advanced’ performance standards; and
‘‘(ii) any local educational agency that received
funds under this part toward enabling children in
schools receiving assistance under this part to meet
the State’s ‘proficient’ and ‘advanced’ performance
standards.
‘‘(B) Adequate yearly progress shall be defined in a
manner—
‘‘(i) that is consistent with criteria of general
applicability established by the Secretary and results
in continuous and substantial yearly improvement
for economically disadvantaged, limited-English pro-
ficient, and all students under this title in each
school and local educational agency toward the goal
of all children under this title meeting the State’s
challenging ‘advanced’ performance standards; and
‘‘(ii) links progress primarily to performance on
the assessments carried out under this section while
permitting progress to be established in part
through the use of other outcome-based measures
such as reductions in drop-out rates.
‘‘(3) Each State plan shall demonstrate that the
State has developed or adopted a set of high-quality, year-
ly student assessments that will be used as the primary
means of determining the yearly performance of each local
educational agency and school receiving assistance under
this part in enabling children served under this title to
meet the State’s performance standards and that these as-
gender, by each major racial and ethnic group, by
English proficiency status, and by economically dis-
advantaged students as compared to students who
are not economically disadvantaged.
‘‘(4) Each State plan shall identify the languages
other than English that are present in the participating
student population and indicate the languages for which
yearly student assessments are not available and are need-
ed. The State shall make every effort to develop such as-
sessments and shall notify the Secretary if linguistically-
accessible assessment measures are needed. Upon notifica-
tion, the Secretary shall assist with the identification of
appropriate assessment measures in the needed languages
through the Office of Bilingual Education and Minority
Language Affairs.
‘‘(5) If a State has developed or adopted challenging
content and performance standards and an aligned set of
assessments for all students such as those developed under
title III of the Goals 2000: Educate America Act, or an-
other process, the State shall use such standards and as-
sessments, modified, if necessary, to conform with the re-
quirements of paragraphs (1)(A)(ii), (2), and (3).
‘‘(6) If, after 2 years, a State does not have challeng-
ing content and performance standards that meet the re-
quirements of paragraph (1) or after 3 years, a State does
not have assessments that meet the requirements of para-
graph (3), a State shall adopt a set of standards and
aligned assessments such as the standards and assess-
ments contained in other State plans that the Secretary
has approved.
‘‘(7)(A) If a State does not have assessments that
meet the requirements of paragraph (3), the State may
propose to use an interim set of yearly statewide assess-
ments that will assess the performance of complex skills
and challenging subject matter.
‘‘(B) For any year during which a State is using an
interim assessment system, the State shall devise a means
for identifying schools and local educational agencies in
need of improvement under section 1116.
‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING
AND LEARNING.—Each State plan shall also describe—
‘‘(1)(A) the means by which the State edu-
cational agency will work with other agencies, in-
cluding educational service agencies or other local
consortia, and institutions to provide technical as-
sistance to local educational agencies and schools to
carry out the State educational agency’s responsibil-
ities under this part, including assistance in provid-
ing high quality professional development under sec-
tion 1119 and technical assistance under section
1117; and
‘‘(B)(i) where educational service agencies exist,
the State educational agency shall consider providing
professional development and technical assistance
through such agencies; and
‘‘(ii) where educational service agencies do not
exist, the State educational agency shall consider
providing professional development and technical as-
sistance through other cooperative agreements such
as a consortium of local educational agencies;
‘‘(2) the measure of poverty that local edu-
cational agencies shall use which shall include such
measures as the number of children age 5 to 7 in
poverty counted in the most recent census data ap-
proved by the Secretary, the number of children eli-
gible to receive free and reduced price lunches under
the National School Lunch Act, the number of chil-
dren in families receiving assistance under Aid to
Families With Dependent Children or the number of
children eligible to receive medical assistance under
the Medicaid program; or a composite of such indi-
cators;
‘‘(3) how the State educational agency will no-
tify local educational agencies and the public of the
standards and assessments developed under this sec-
tion, and of the authority to operate schoolwide pro-
grams, and fulfill its local educational agency and
school improvement responsibilities under section
1116, including the corrective actions it will take
under section 1116(d)(6);
‘‘(4) how the State educational agency will en-
courage the use of funds from other Federal, State,
and 
local 
sources 
for 
schoolwide 
reform 
in
schoolwide programs under section 1114;
‘‘(5) how the Committee of Practitioners estab-
lished under section 1603(b) was substantially in-
volved in the development of the plan and will con-
tinue to be involved in monitoring its implementation
by the State;
‘‘(6) how the State educational agency will as-
sess the needs of local educational agencies serving
rural areas and the plans the State educational
agency has to meet those needs;
‘‘(7) how the State educational agency will en-
courage the establishment and operation of coopera-
tive education, mentoring, and apprenticeship pro-
grams, involving business and industry; and
‘‘(8) how the State will coordinate activities
funded under this part with school-to-work and voca-
tional education programs, as appropriate.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
The Secretary—
‘‘(1) shall establish a peer review process to as-
sist in the review of State plans;
‘‘(2) shall appoint individuals to the peer review
process who shall be representative of State edu-
cational agencies, local educational agencies, teach-
ers, and parents;
‘‘(3) shall, following an initial peer review, ap-
prove a State plan the Secretary determines meets
the requirements of subsections (a), (b), and (c);
and
‘‘(4)(A) shall, if the Secretary determines that
the State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify the
State of such determination and the reasons for it;
(B) shall not decline to approve a State’s plan
before offering the State an opportunity to revise its
plan or application, provide technical assistance in
order to assist the State to meet the requirements
under subsections (a), (b), and (c) and a hearing;
and
(C) may withhold funds until determining that
the plan meets the requirements of this section, pro-
vided, however, that the Secretary may not withhold
funds on the basis of the specific content of the op-
portunity-to-learn standards adopted by a State
under this section.
‘‘(e) DURATION OF THE PLAN.—(1) Each 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.
‘‘(2) If the State makes significant changes in its
plan, such as the adoption of new content and perform-
ance standards, new assessments, or a new definition of
adequate progress, the State shall submit this information
to the Secretary for approval.
‘‘(f) Nothing in this title shall be construed to author-
ize an officer or employee of the Federal Government to
mandate, direct, or control a State, local educational agen-
cy, or school’s specific instructional content or pupil per-
formance standards and assessments, curriculum, or pro-
gram of instruction as a condition of eligibility to receive
funds under this title.
‘‘(g) Notwithstanding any other provision of this Act,
the implementation of model opportunity-to-learn stand-
ards shall be voluntary on the part of the States, local
educational agencies, and schools.
‘‘(h) Nothing in this title shall be construed to au-
thorize an officer, or employee of the Federal Government
to mandate, direct, or control a State, local educational
agency, or school’s specific opportunity-to-learn standards
as a condition of eligibility to receive funds under this title.
‘‘(i) Nothing in this section shall be construed to cre-
ate a legally enforceable right for any person against a
State, local educational agency, or school based on oppor-
tunity-to-learn standards.
‘‘(j) Nothing in this section shall be construed to
mandate equalized spending per pupil for State, local edu-
cational agency, or school.
‘‘(k) Nothing in this section shall be construed to
mandate national school building standards for a State,
local educational agency, or school.
‘‘(l) If aggregate State expenditure by the State edu-
cational agency for operation of elementary and secondary
education programs is less than the State educational
agency’s aggregate Federal allocation for State operation
of all Federal elementary and secondary education pro-
grams, then the State plan for title I must include assur-
ances and specific provisions for State expenditures for op-
eration of elementary and secondary education programs
to equal or exceed the level of Federal expenditures for
such operation by fiscal year 1999.
‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
‘‘(a) PLANS REQUIRED.—(1) A local educational
agency may receive a subgrant under this part for any
fiscal year only if it has on file with the State educational
agency a plan, approved by the State educational agency,
that—
‘‘(A)(i) is integrated with the local educational
agency’s plan, either approved or being developed,
under title III of the Goals 2000: Educate America
Act, and satisfies the requirements of this section
that are not already addressed by that State plan;
and
‘‘(ii) is integrated with local plans, if any, under
the School-to-Work Opportunities Act of 1993 and
the Carl D. Perkins Vocational and Applied Tech-
nology Education Act, to the extent that such plans
have not already been incorporated into the local
educational agency’s plan under title III of the Goals
2000: Educate America Act; or
‘‘(B) if the local educational agency does not
have an approved plan under title III of the Goals
2000: Educate America Act and is not developing
such a plan—
‘‘(i) is integrated with other local plans
under this Act and other plans, including those
under the School-to-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and
Applied Technology Education Act, where such
plans exist; and
‘‘(ii) satisfies the requirements of this sec-
tion.
‘‘(2) The plan may be submitted as part of a consoli-
dated application under section 9302.
‘‘(3) A local educational agency may satisfy all or
part of the requirements of this section by referencing ap-
plicable sections of its approved plan under title III of the
Goals 2000: Educate America Act.
‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—
Each local educational agency plan shall include—
‘‘(1) a description of its challenging content and
performance standards, if any, in the core subjects,
in addition to the content and performance stand-
ards adopted by the State under section 1111, that
the local educational agency expects children served
under this title to meet;
lenging performance standards expected of all students,
each local educational agency plan shall describe a coher-
ent strategy for intensive and sustained professional devel-
opment for teachers, administrators, and other staff, in-
cluding staff of such agency, in accordance with section
1119.
‘‘(2) Each local educational agency plan shall de-
scribe how the local educational agency will—
‘‘(A) notify schools of the authority to operate
schoolwide programs;
‘‘(B) work in consultation with schools as the
schools develop their plans pursuant to section 1114
or 1115 and assist schools as they implement such
plans so that each school can make adequate yearly
progress toward meeting the State’s standards; and
‘‘(C) fulfill its school improvement responsibil-
ities under section 1116, including the corrective ac-
tions it will take under section 1116(c)(5).
‘‘(3) To address the comprehensive needs of children
served under this title, each local educational agency plan
shall describe how the local educational agency will—
‘‘(A) coordinate and integrate services provided
under this part with other educational services at
the local educational agency or individual school
level, including—
‘‘(i) Even Start, Head Start, and other
preschool programs, including plans for the
transition of participants in such programs to
local elementary school programs, vocational
education programs, and school-to-work transi-
tion programs; and
‘‘(ii) services for children with limited Eng-
lish proficiency or with disabilities, migratory
children served under part C of this title or who
were formerly eligible for services under part C
in the 2-year period preceding the date of the
enactment of this title, delinquent youth and
youth at risk of dropping out served under part
D of this title, homeless children, and immi-
grant children in order to increase program ef-
fectiveness, eliminate duplication, and reduce
fragmentation of the children’s instructional
program; and
‘‘(B) coordinate and collaborate with other
agencies providing services to children, youth, and
families, including health and social services.
‘‘(4) The local educational agency plan also shall in-
clude a description of—
‘‘(A) the poverty criteria that will be used to se-
lect school attendance areas under section 1113;
‘‘(B) the multiple criteria that will be used by
targeted assistance schools under section 1115 to
identify children eligible for services under this part;
‘‘(C) the nature of the programs to be con-
ducted by its schools under sections 1114 and 1115
and services outside such schools for children in
local institutions for neglected or delinquent children
and eligible homeless children, in accordance in sec-
tion 1115(b)(2)(D);
‘‘(D) how the local educational agency will en-
sure that migratory children and formerly migratory
children who are eligible to receive services under
this part are selected to receive such services on the
same basis as other children who are selected to re-
ceive services under this part;
‘‘(E) how a school that plans to serve preschool
children through the Head Start or Even Start pro-
grams will use its funds to expand such programs to
serve preschool children from its attendance area
that otherwise would not have been served or in-
crease the level of service to children presently being
served;
‘‘(F) how the local educational agency will pro-
vide services to eligible children attending private el-
ementary and secondary schools in accordance with
section 1120, and how timely and meaningful con-
sultation with private school officials regarding such
services will occur; and
‘‘(G) the number of schoolwide programs that
will be operating in the local educational agency.
‘‘(d) PLAN DEVELOPMENT AND DURATION.—Each
local educational agency plan shall—
‘‘(1) be developed in consultation with teachers,
including vocational teachers, where appropriate,
and parents of children in schools served under this
part; and
‘‘(2)(A) remain in effect for the duration of the
local educational agency’s participation under this
part; and
‘‘(B) periodically be reviewed and revised, as
necessary, to reflect changes in the local educational
agency’s strategies and programs.
‘‘(e)(1) STATE APPROVAL.—The State educational
agency shall approve a local educational agency’s plan only
if the State educational agency determines that the plan
will enable schools served under this part to substantially
help children served under this title to meet the State’s
challenging performance standards expected of all chil-
dren.
‘‘(2) The State educational agency shall review the
local educational agency’s plan to determine if such agen-
cy’s professional development activities are in accordance
with section 1119.
‘‘(f) PROGRAM RESPONSIBILITY.—The local edu-
cational agency plan shall reflect the shared responsibility
of schools, teachers, and the local educational agency in
making decisions required under sections 1114 and 1115.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
‘‘(a) IN GENERAL.—(1)(A)(i) A local educational
agency shall use funds received under this part only in
school attendance areas with high concentrations of chil-
dren from low-income families, hereafter in this section
referred to as ‘eligible school attendance areas’.
‘‘(ii) For the purposes of this part—
‘‘(I) ‘school attendance area’ means, in relation
to a particular school, the geographical area in
which the children who are normally served by such
school reside; and
‘‘(II) ‘eligible school attendance area’ means a
school attendance area in which the percentage of
children from low-income families is at least as high
as the percentage of children from low-income fami-
lies in the local educational agency as a whole.
‘‘(B) If funds allocated in accordance with subsection
(c) are insufficient to serve all eligible school attendance
areas, a local educational agency shall—
‘‘(i) annually rank, without regard to grade
spans, its eligible school attendance areas in which
the concentration of children from low-income fami-
lies exceeds 75 percent from highest to lowest ac-
cording to the percentage of children from low-in-
come families; and
‘‘(ii) serve such eligible school attendance areas
in rank order.
‘‘(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local edu-
cational agency shall—
‘‘(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by
grade span or for the entire local educational agency
according to the percentage of children from low-in-
come families; and
‘‘(ii) serve such eligible school attendance areas
in rank order either within each grade-span group-
ing or within the local educational agency as a
whole.
‘‘(2) The local educational agency shall use as the
measure of poverty, the number of children ages 5–17 in
poverty counted in the most recent census data approved
by the Secretary, the number of children eligible for free
and reduced priced lunches under the National School
Lunch Act, the number of children in families receiving
assistance under Aid to Families with Dependent Children
or the number of children eligible to receive medical assist-
ance under the Medicaid program, or a composite of such
indicators, with respect to all school attendance areas in
the local educational agency—
‘‘(A) to identify eligible school attendance areas;
‘‘(B) to determine the ranking of each area;
and
‘‘(C) to determine allocations under subsection
(c).
‘‘(3) This subsection shall not apply to a local edu-
cational agency with a total enrollment of less than 1,000
children.
‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—
Notwithstanding subsection (a)(1), a local educational
agency may—
‘‘(1) designate as eligible any school attendance
area or school in which at least 50 percent of the
children are from low-income families;
‘‘(2) use funds received under this part in a
school that is not in an eligible school attendance
areas served under the part and who attend schools
in other school attendance areas in accordance with
a court-ordered school desegregation plan or a plan
which continues to be implemented in accordance
with a district-wide, court-ordered desegregation
plan; and
‘‘(5) in local educational agencies that have over
900,000 students, to the extent feasible, use funds
received under this part to serve educationally de-
prived children who reside in school attendance
areas having high concentrations of children from
low-income families and who otherwise meet the eli-
gibility requirements of this part and who attend
schools in noneligible attendance areas.
‘‘(c) ALLOCATIONS.—(1) A local educational agency
shall allocate funds received under this part to eligible
school attendance areas or eligible schools, identified
under subsection (a) or (b), in rank order, on the basis
of the total number of children from low-income families
in each area or school.
‘‘(2)(A) Except as provided in subparagraph (B), the
per-pupil amount of funds allocated to each school attend-
ance area or school under paragraph (1) shall be not less
than 80 percent of the per-pupil amount of funds the local
educational agency received for such year under sections
1124, 1124A, and 1125.
‘‘(B) A local educational agency may reduce the
amount of funds allocated under subparagraph (A) for a
school attendance area or school by the amount of any
supplemental State and local funds expended in such
school attendance area or school for programs that meet
the requirements of section 1114 or 1115.
‘‘(3) A local educational agency shall reserve such
funds as are necessary under this part to provide services
comparable to the services provided to children in schools
funded under this part to serve—
‘‘(A) homeless children in accordance with sec-
tion 1115(b)(2)(D); and
‘‘(B) children in local institutions for delinquent
children.
‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.
‘‘(a) USE
OF
FUNDS
FOR
SCHOOLWIDE
PRO-
GRAMS.—(1) A local educational agency may use funds
under this part, in combination with other Federal, State,
and local funds, to upgrade the entire educational program
in an eligible school if, for the initial year of the schoolwide
program, the school meets the following criteria:
‘‘(A) For the school year 1995–96—
‘‘(i) the school serves an eligible school at-
tendance area in which at least 65 percent of
the children are from low-income families; or
‘‘(ii) at least 65 percent of the children en-
rolled in the school are from such families.
‘‘(B) For school year 1996–97 and thereafter,
the percentage requirement of clauses (i) and (ii) of
subparagraph (A) shall be 60 percent.
‘‘(2) The provisions of paragraph (1) notwithstand-
ing, a local educational agency may start new schoolwide
programs only after the State educational agency provides
written information to each local educational agency in the
State that—
‘‘(A) demonstrates that such State agency has
established the statewide system of support and im-
provement required by section 1117 (c)(1) and (e);
and
‘‘(B) describes how such statewide system, to-
gether with other providers of assistance with which
the State has made specific arrangements to assist
schoolwide programs, such as comprehensive tech-
nical assistance centers, regional laboratories, and
institutions of higher education, has the capability of
providing on-site assistance if necessary to each eli-
gible school.
‘‘(3) A schoolwide program school shall use such
funds only to supplement the amount of funds that would,
in the absence of funds under this part, be made available
from non-Federal sources for the school, including funds
needed to provide services that are required by law for
children with disabilities and children with limited English
proficiency.
‘‘(4) A school may use funds received under any non-
competitive, formula-grant program administered by the
Secretary, excluding programs under the Individuals With
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary to support a schoolwide program, notwithstand-
ing any provision of the statute or regulations governing
any such program.
‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—
(1) A schoolwide program shall include the following
components:
‘‘(A) A comprehensive needs assessment of the
entire school that is based on information on the
performance of children in relation to the State’s
standards.
‘‘(B) Schoolwide reform strategies that—
‘‘(i) provide opportunities for all children
to meet the State’s ‘proficient’ and ‘advanced’
performance standards expected of all children;
‘‘(ii) are based on research on effective
means of improving the achievement of chil-
dren;
‘‘(iii) use effective instructional strategies
which may include the integration of vocational
and academic learning (including applied learn-
ing and team teaching strategies) that increase
the amount and quality of learning time, such
as providing an extended school year and
before- and after-school programs and opportu-
nities, and help provide an enriched and accel-
erated curriculum rather than remedial drill
and practice, and that incorporate gender-equi-
table methods and practices;
‘‘(iv) address the needs of all children in
the school, but particularly the needs of low-
achieving children, children with limited-English
proficiency, children from migratory families,
and children who are members of the target
population of any program that is included in
the schoolwide program, address how the school
will determine if such needs have been met, de-
scribe the current program being offered to lim-
ited-English proficient students, and address
how the school will build upon, expand, or co-
ordinate the schoolwide program with the cur-
rent program; and
‘‘(v) are consistent with, and are designed
to implement, the State and local reform plans,
if any, approved under title III of the Goals
2000: Educate America Act.
‘‘(C) Instruction by highly qualified professional
staff.
‘‘(D) Intensive and sustained professional devel-
opment for teachers, principals, and other staff, in-
cluding aides, in accordance with section 1120, to
enable all children in the school to meet the State’s
performance standards.
‘‘(E) Strategies to increase parental involve-
ment, including family literary services.
‘‘(F) Plans for assisting preschool children in
the transition from early childhood programs, such
as Head Start, Even Start, or a State-run preschool
program, to local elementary school programs.
‘‘(G) Additionally, in schools serving children
beyond grade six, in coordination with funds avail-
able from other programs and, as appropriate, draw-
ing on private and public organizations—
‘‘(i) counseling and mentoring services;
‘‘(ii) college and career awareness, explo-
ration, and preparation, such as college and ca-
reer guidance, comprehensive career develop-
ment, occupational information, enhancement of
employability and occupational skills, personal
finance education, job placement services, and
innovative teaching methods which may include
applied learning and team teaching strategies;
and
‘‘(iii) services to prepare students for the
transition from school to work, including the
formation of partnerships between elementary,
middle, and secondary schools and local busi-
nesses, and the integration of school-based and
work-based learning.
‘‘(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation
with the local educational agency and its school support
team or other technical assistance provider consistent with
the provisions in subsection (c)(1) and (e) of section 1117,
a comprehensive plan for reforming the total instructional
program in the school that—
‘‘(I) the local educational agency, based on
the recommendation of the technical assistance
providers under section 1117, determines that
less time is needed to develop and implement
the schoolwide program; or
‘‘(II) the school is operating a schoolwide
program at the time this section takes effect, in
which case it may continue to operate such pro-
gram, but shall develop a new plan during the
first year to reflect the provisions of this
section;
‘‘(ii) developed with the involvement of the com-
munity to be served and individuals who will carry
it out, including teachers, principals, other staff,
parents, and, if the plan relates to a secondary
school, students from the school;
‘‘(iii) reviewed and revised, as necessary, by the
school;
‘‘(iv) made available to parents and the public
with the information contained in such plan trans-
lated, to the extent feasible, into any language that
a significant percentage of the parents of participat-
ing children in the school speak as their primary
language; and
‘‘(v) developed where appropriate in coordina-
tion with programs under the School-to-Work Op-
portunities Act, the Carl D. Perkins Vocational and
Applied Technology Education Act, and the National
and Community Service Trust Fund Act.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) As provided in subsection (c) of section
1116, each schoolwide program shall be subject to
school improvement for failure to make adequate
progress for two consecutive years.
‘‘(2) A schoolwide program identified for school
improvement under such subsection that has not
made adequate progress by the third year following
such identification shall be subject to corrective ac-
tions by the local educational agency, as well as,
where appropriate, termination of schoolwide pro-
gram status.
‘‘(3) A school that has forfeited its schoolwide
status may not regain such status until the local
educational agency determines that the school has
adequately reformed its schoolwide program plan to
enable it to make adequate progress toward meeting
the State’s challenging performance standards.
‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
‘‘(a) IN GENERAL.—In all schools selected to partici-
pate under section 1113 that are ineligible for a
schoolwide program, or that choose not to operate a
schoolwide program, a local educational agency may use
funds received under this part only for programs that pro-
vide services to eligible children identified as having the
greatest need for special assistance.
‘‘(b) ELIGIBLE CHILDREN.—(1)(A) The eligible pop-
ulation for services under this part is—
‘‘(i) children up to age 21 who are entitled to
a free public education through grade 12; and
‘‘(ii) children who are not yet at a grade level
where the local educational agency provides a free
public education, yet are of an age at which they can
benefit from an organized instructional program pro-
vided in a school or other educational setting.
‘‘(B) From the population described in subparagraph
(A), eligible children are children identified by the school
as failing, or most at risk of failing, to meet the State’s
challenging performance standards on the basis of mul-
tiple, educationally related, objective criteria established
by the local educational agency and supplemented by the
school, except that children from preschool through grade
two shall be selected solely on the basis of such criteria
as teacher judgment, interviews with parents, and devel-
opmentally appropriate measures.
‘‘(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other chil-
dren selected to receive services under this part.
‘‘(ii) Funds received under this part may not be used
to provide services that are otherwise required by law to
be made available to such children.
‘‘(B) A child who, at any time in the previous two
years, participated in a Head Start, Even Start, or State-
run preschool program shall be automatically eligible for
services under this part.
‘‘(C)(i) A child who, at any time in the previous two
years received services under the program for delinquent
youth and youth at risk of dropping out under part D
of this title (or its predecessor authority) may be eligible
for services under this part.
‘‘(ii) Any child in a local institution for neglected or
delinquent children or attending a community day pro-
gram for such children is eligible for services under this
part.
‘‘(D) A local educational agency shall use funds re-
ceived under this part to serve eligible homeless children
who attend a school in the local educational agency that
receives funds under this title. To the extent feasible, a
local educational agency shall use funds received under
this part to serve eligible homeless children who attend
schools in noneligible attendance areas, including provid-
ing educationally related support services to children in
shelters, where appropriate.
‘‘(c) COMPONENTS
OF
A TARGETED ASSISTANCE
SCHOOL PROGRAM.—(1) To assist targeted assistance
schools and local educational agencies to meet their re-
sponsibility to provide all students with the opportunity
to meet the State’s challenging performance standards,
each targeted assistance program under this section
shall—
‘‘(A) use its resources under this part to help
participating children meet the challenging perform-
ance standards expected for all children;
‘‘(B) be based on research on effective means
for improving achievement of children;
‘‘(C) 
use 
effective 
instructional 
strategies
that—
‘‘(i) give primary consideration to provid-
ing extended learning time such as an extended
school year and before- and after-school pro-
grams and opportunities;
‘‘(ii) involve an accelerated, high-quality
curriculum, including applied learning, rather
than remedial drill and practice; and
‘‘(iii) minimize removing children from the
regular classroom for instruction provided
under this part;
‘‘(D) be coordinated with and support the regu-
lar program in providing an enriched and acceler-
ated curriculum for eligible children;
‘‘(E) provide instruction by highly qualified pro-
fessional staff;
‘‘(F) provide opportunities for intensive and
sustained professional development in accordance
with section 1119 with resources under this part and
from other sources for administrators and for teach-
ers and other school staff who work with participat-
ing children in programs under this section or in the
regular education program;
‘‘(G) provide strategies to increase parental in-
volvement, including family literary services;
‘‘(H) provide plans for assisting preschool chil-
dren in the transition from early childhood pro-
grams, such as Head Start, Even Start, or a State-
run preschool program, to local elementary school
programs; and
‘‘(I) include, additionally, in schools serving
children beyond grade six, in coordination with
funds available from other programs and, as appro-
priate, drawing on private and public organiza-
tions—
‘‘(i) counseling and mentoring;
‘‘(ii) college and career awareness and
preparation, such as college and career guid-
ance, comprehensive career development, en-
hancement of employability skills, personal fi-
nance education, and job placement services;
and
‘‘(iii) services to prepare students for the
transition from school to work, including the
formation of partnerships between elementary,
middle, and secondary schools and local busi-
nesses.
‘‘(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local edu-
cational agency, a plan to assist participating children to
meet the State’s ‘proficient’ and ‘advanced’ performance
standards that describes—
‘‘(i) the selection of children to participate in
accordance with subsection (b);
‘‘(ii) the program to be conducted that incor-
porates the components described in paragraph (1)
and how the resources provided under this part will
be coordinated with other resources to enable the
children served to meet the State’s standards;
‘‘(iii) how the school will review, on an ongoing
basis, the progress of participating children and re-
vise the program, if necessary, to provide additional
assistance to enable such children to meet the
State’s challenging performance standards such as
an extended school year and before- and after-school
programs and opportunities, training for teachers re-
garding how to identify students that require addi-
tional assistance, and training for teachers regarding
how to implement performance standards in the
classroom; and
‘‘(iv) if the school is eligible to operate a
schoolwide program under section 1114, why it
chose not to do so.
‘‘(B) Plans developed before a State has adopted
standards and a set of assessments that meet the criteria
of section 1111(b) (1) and (3) shall be based on an analy-
sis of available data on the achievement of participating
children and a review of the school’s instructional prac-
tices in the context of available research on effective in-
structional practices.
‘‘(C) Each plan shall be—
‘‘(i) developed with the involvement of the com-
munity to be served and the individuals who will
carry it out, including teachers, administrators,
other staff, parents, representatives from business
and industry, and, if the plan relates to a secondary
school, students from the school;
‘‘(ii) approved by the local educational agency
and made available to parents and the information
contained therein translated, to the extent feasible,
into any language that a significant percentage of
the parents of participating children in the school
speak as their primary language; and
‘‘(iii) reviewed and revised, as necessary, by the
school.
‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the
integration of staff paid with funds under this part and
children served under this part into the regular school pro-
gram and overall school planning and improvement ef-
forts, public school personnel who are paid with funds re-
ceived under this part may—
‘‘(1) assume limited duties that are assigned to
similar personnel who are not so paid, including du-
ties beyond classroom instruction or that do not ben-
efit participating children so long as the amount of
time spent on such duties is the same proportion of
total work time as prevails with respect to similar
personnel at the same school;
‘‘(2) participate in general professional develop-
ment and school planning activities; and
‘‘(3) collaboratively teach with regular class-
room teachers, so long as their efforts directly bene-
fit participating children.
‘‘SEC. 1115A. SCHOOL CHOICE.
‘‘(a) CHOICE PROGRAMS.—A local educational agen-
cy may use funds under this part, in combination with
other Federal, State, local, and private funds to develop
and implement choice programs, for children eligible for
assistance under this title, which permit parents to select
the public school that their children will attend.
‘‘(b) CHOICE PLAN.—A local educational agency that
chooses to implement a school choice plan shall first de-
velop a comprehensive plan that includes assurances
that—
‘‘(1) all eligible students across grade levels will
have equal access to the program;
‘‘(2) the program does not include schools
which follow a racially discriminatory policy;
‘‘(3) describe how the school will use resources
under this part and from other sources to implement
such components;
‘‘(4) describe how the school will provide indi-
vidual student assessment results, including an in-
terpretation of such results, to the parents of a child
who participates in the assessment required by sec-
tion 1111(b)(3);
‘‘(5) the plan will be developed with the involve-
ment of the community to be served and individuals
who will carry it out, including teachers, principals,
and other staff, parents, and, if the plan relates to
a secondary school, students from the school;
‘‘(6) the plan will be made available to parents
and the public; and
‘‘(7) the program shall not include schools that
do not receive funds under this title.
‘‘SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDU-
CATIONAL AGENCY IMPROVEMENT.
‘‘(a) LOCAL REVIEW.—Each local educational agency
receiving funds under this part shall—
‘‘(1) use the State assessments described in the
State plan and any additional measures described in
the local educational agency’s plan to review annu-
ally the progress of each school served under this
part to determine whether the school is meeting, or
making adequate progress as defined in section
1111(b)(2)(A)(i) or section 1112(b)(2), as appro-
priate, toward enabling its students to meet, the
State’s performance standards;
‘‘(2) publicize and disseminate to teachers, par-
ents, students, and the community the results of the
annual review under paragraphs (1) and (2) of all
schools served under this part in individual school
performance profiles that include disaggregated re-
sults as required by section 1111(b)(3)(G); and
‘‘(3) provide the results of the local annual re-
view to schools so that they can continually refine
the program of instruction to help all children in
such schools to meet the State’s high performance
standards.
‘‘(b) DESIGNATION OF DISTINGUISHED SCHOOLS.—
Each State educational agency and local educational agen-
cy receiving funds under this part shall designate distin-
guished schools in accordance with section 1117.
‘‘(c) SCHOOL
IMPROVEMENT.—(1) A local edu-
cational agency shall identify for school improvement any
school served under this part that—
‘‘(A) has been in program improvement under
section 1021 of chapter 1 of title I of the Elemen-
tary and Secondary Education Act of 1965, as in ef-
fect before the effective date of the Improving Amer-
ica’s Schools Act of 1994, for at least two consecu-
tive school years prior to such date;
‘‘(B) has not made adequate progress as de-
fined 
in 
the 
State’s 
plan 
under 
section
1111(b)(2)(A)(i) or section 1112(b)(2), as appro-
priate, for two consecutive school years; or
‘‘(C) has failed to meet the criteria established
by the State through its interim procedure under
section 1111(b)(5)(C) for two consecutive years.
‘‘(2) A school shall not be identified for school im-
provement if virtually all its students meet the State’s ad-
vanced performance standards.
‘‘(3)(A) Each school identified under paragraph (1)
shall—
‘‘(i) in consultation with parents, the local edu-
cational agency, and, for schoolwide programs, the
school support team, revise its school plan under
section 1114 or 1115 in ways that have the greatest
likelihood of improving the performance of partici-
pating children in meeting the State’s performance
standards including reviewing the school’s plan in
the context of the State’s model opportunity-to-learn
standards; and
‘‘(ii) submit the revised plan to the local edu-
cational agency for approval.
‘‘(B) Before identifying a school for program im-
provement under paragraph (1), the local educational
agency shall provide the school with an opportunity to re-
view the school-level data, including assessment data, on
which such identification would be based. If the school be-
lieves that its identification for school improvement would
be in error, it may provide evidence to the local edu-
cational agency to support such belief.
‘‘(C) During the first year immediately following
identification under paragraph (1), the school shall imple-
ment its revised plan.
‘‘(4) For each school identified under paragraph (1),
the local educational agency shall make technical assist-
ance available as the school determines why the school’s
plan failed to bring about increased achievement and de-
velop and implement its revised plan. Such technical as-
sistance may be provided directly by the local educational
agency, through mechanisms authorized under section
1117, or by an institution of higher education, a private
nonprofit organization, an educational service agency,
Federal technical assistance centers under part D of title
II of this Act, or other entities with experience in helping
schools improve achievement.
‘‘(5)(A) After providing technical assistance pursuant
to paragraph (4) and other remediation measures, the
local educational agency may take corrective action at any
time against a school that has been identified under para-
graph (1), but, during the third year following identifica-
tion under paragraph (1), shall take such action against
any school that still fails to make adequate progress.
‘‘(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State
law, which may include implementing the State’s model
opportunity-to-learn standards, decreasing decisionmaking
authority at the school level, making alternative govern-
ance arrangements such as the creation of a charter
school, reconstituting the school staff, authorizing stu-
dents to transfer, including paying transportation costs to
other schools in the local educational agency, and in the
case of schoolwide programs, terminating schoolwide sta-
tus.
‘‘(6) The State educational agency shall—
‘‘(A) make technical assistance under section
1117 available to the schools furthest from meeting
the State’s standards, if requested by the school or
local educational agency; and
‘‘(B) if it determines that a local educational
agency failed to carry out its responsibility under
paragraphs (4) and (5), take such corrective actions,
which may include actions in compliance with State
law to withhold or transfer funds and authority from
schools that are failing to make adequate progress
as defined in section 1111(b)(2), as will assure ade-
quate progress for all students.
‘‘(7) Schools that for at least two of the three years
following identification under paragraph (1) make ade-
quate progress toward meeting the State’s ‘proficient’ and
‘advanced’ performance standards no longer need to be
identified for school improvement.
‘‘(d) STATE REVIEW
AND LOCAL EDUCATIONAL
AGENCY IMPROVEMENT.—(1) A State educational agency
shall—
‘‘(A) annually review the progress of each local
educational agency receiving funds under this part
to determine whether all students in schools receiv-
ing assistance under this part are making adequate
progress as defined in section 1111(b)(2)(A)(ii) or
section 1112(b)(2), as appropriate, toward meeting
the State’s performance standards; and
‘‘(B) publicize and disseminate to teachers, par-
ents, students, and the community the results of the
State review, including disaggregated results, as re-
quired by section 1111(b)(3)(G).
‘‘(2) In the case of a local educational agency that
for three consecutive years has a school or schools receiv-
ing assistance under this part which have exceeded the
State’s definition of adequate progress as defined in sec-
tion 1111(b)(2)(A)(ii) or section 1112(b)(2), as appro-
priate, the State may make institutional and individual re-
wards of the kinds described for individual schools in sub-
section 1117(c)(2)(B).
‘‘(3) A State educational agency shall identify for im-
provement any local educational agency that—
‘‘(A) for two consecutive years, has a school or
schools receiving assistance under this part that are
not making adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appro-
priate, toward meeting the State’s performance
standards; or
‘‘(B) has failed to meet the criteria established
by the State through its interim procedure under
section 1111(b)(8)(A) for two consecutive years.
‘‘(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its local educational agency
plan under section 1112 in ways that have the greatest
likelihood of improving the performance of its schools in
meeting the State’s performance standards, including re-
viewing the local educational agency’s plan in the context
of the State’s model opportunity-to-learn standards, and
submit such plan to the State educational agency for
approval.
‘‘(5) For each local educational agency identified
under paragraph (3), the State educational agency shall—
‘‘(A) determine why the local educational agen-
cy’s plan failed to bring about increased achieve-
ment;
‘‘(B) provide technical assistance, if requested,
as authorized under section 1117 to better enable
the local educational agency to develop and imple-
ment its revised plan and work with schools needing
improvement; and
‘‘(C) make available to the local educational
agencies furthest from meeting the State’s stand-
ards, if requested, assistance under section 1117.
Technical assistance under subparagraph (B) may be pro-
vided by the State educational agency directly, or by an
institution of higher education, a private nonprofit organi-
zation, an educational service agency or other local consor-
tium, a technical assistance center, or other entities with
experience in assisting local education agencies improve
achievement.
‘‘(6)(A) After providing technical assistance pursuant
to paragraph (5) and other remediation measures, the
State educational agency may take corrective action at any
time against a local educational agency that has been iden-
tified under paragraph (3), but, during the fourth year
following identification under paragraph (3), shall take
such action against any local educational agency that still
fails to make adequate progress.
‘‘(B) Corrective actions are those listed in the State
educational agency plan adopted in compliance with State
law, which may include implementing the State’s model
opportunity-to-learn standards, reconstitution of district
personnel, appointment by the State educational agency
of a receiver or trustee to administer the affairs of the
local educational agency in place of the superintendent
and school board, removal of particular schools from the
jurisdiction of the local educational agency and establish-
ment of alternative arrangements for governing and super-
vising such schools, the abolition or restructuring of the
local educational agency, and the authorizing of students
to transfer from 1 local educational agency to another.
‘‘(7) Local educational agencies that for at least two
of the three years following identification under paragraph
(3) make adequate progress toward meeting the State’s
standards no longer need to be identified for local edu-
cational agency improvement.
‘‘(e) STATE ALLOCATIONS FOR SCHOOL IMPROVE-
MENT.—From the amount appropriated under section
1002(6) for any fiscal year, each State shall be eligible
to receive an amount that bears the same ratio to the
amount appropriated as the amount allocated to the State
under sections 1124, 1124A, and 1125 bears to the total
amount allocated to all States under such sections, except
that each State shall receive at least $180,000, or $30,000
in the case of Guam, American Samoa, the Virgin Islands,
the Northern Marianas, and Palau (until the Compact of
Free Association goes into effect).
‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
‘‘(a) SYSTEM FOR SUPPORT.—(1) Each State edu-
cational agency shall establish a statewide system of inten-
sive and sustained support and improvement for schools
receiving funds under this title, including all schoolwide
programs and all schools in need of program improvement,
in order to increase the opportunity for all students in
such schools to meet the State’s content and performance
standards.
‘‘(2) Funds appropriated pursuant to section 1002(6)
shall be used to meet the requirements of this section. In
addition and notwithstanding section 1002(1), a State or
local educational agency may use funds made available
under section 1002(1) and other available funds to meet
such requirements.
‘‘(b) REGIONAL CENTERS.—Such a statewide system
shall be linked to and receive support and assistance from
the regional technical assistance centers authorized under
part D of title II and the regional labs authorized under
section 205 of the General Education Provisions Act.
‘‘(c) PROVISIONS.—The system shall include at a
minimum the following:
‘‘(1) SCHOOL SUPPORT TEAMS.—
‘‘(A) Each State, in consultation with local
educational agencies, shall establish a system of
school support teams to provide information
and assistance to each schoolwide program and
to assist such program in providing an oppor-
tunity to all students to meet the State’s per-
formance standards.
‘‘(B) Each such team shall be composed of
individuals with experience in successfully im-
proving the educational opportunities for low
achieving students, especially individuals identi-
fied in paragraph (3), and individuals knowl-
edgeable about research and practice on teach-
ing and learning, including alternative and
applied learning, especially for low achieving
students.
‘‘(C) A school support team shall work
with each school as it develops its schoolwide
program plan, review each plan, and make rec-
ommendations to the school and the local edu-
cational agency.
‘‘(D) 
During 
the 
operation 
of 
the
schoolwide programs, a school support team
shall periodically review the progress of the
school in enabling children in the school to meet
the State’s performance standards, identify
problems in the design and operation of the in-
structional program, and make suggestions for
the improvement to the school and the local
educational agency.
‘‘(2) DISTINGUISHED SCHOOLS.—
‘‘(A) Each State shall designate as a dis-
tinguished school any school served under this
part which, for 3 consecutive years, has ex-
ceeded the State’s definition of adequate
progress as defined in section 1111(b)(2), and,
any school in which virtually all students have
met the State’s advanced performance stand-
ards and in which equity in participation and
achievement of students by sex has been
achieved or significantly improved.
‘‘(B) Schools designated under this para-
graph may serve as models and provide support
to other schools, especially schoolwide programs
and schools in program improvement, to assist
such schools in meeting the State’s performance
standards.
‘‘(C) States shall use funds available under
section 1002(6) to allow schools identified
under this paragraph to carry out the activities
described in subparagraph (B) and may use
such funds to provide awards to such schools to
further their education programs under this
part, provide additional incentives for continued
success, and reward individuals or groups in the
school for exemplary performance.
‘‘(D) A local educational agency may also
recognize the success of a distinguished school
by providing additional institutional and indi-
vidual rewards, such as greater decisionmaking
authority at the school building level, increased
access to resources or supplemental services
such as summer programs that may be used to
sustain or increase success, additional profes-
sional development opportunities, opportunities
to participate in special projects, and individual
financial bonuses.
‘‘(3) DISTINGUISHED EDUCATORS.—
‘‘(A) In order to provide assistance to
schools and local educational agencies identified
as needing improvement or schoolwide pro-
grams, each State, in consultation with local
educational agencies and using funds available
under section 1002(6), shall establish a corps of
distinguished educators.
‘‘(B) When possible, distinguished edu-
cators shall be chosen from schools served
under this part that have been especially suc-
cessful in enabling children to meet or make
outstanding 
progress 
toward 
meeting 
the
State’s performance standards, such as the
schools described in paragraph (2).
‘‘(C) Distinguished educators shall provide,
as part of the statewide system, intensive and
sustained assistance to the schools and local
educational agencies furthest from meeting the
State’s standards and schoolwide programs as
they develop and implement their plans, includ-
ing participation in the support teams described
in paragraph (1).
‘‘(d) In order to implement this section, funds under
section 1002(6) may be used by a State for release time
for teachers and administrators, travel, training, and
other related costs.
‘‘(e) ALTERNATIVES.—If a State has devised alter-
native or additional approaches to providing the assistance
described in paragraphs (1) and (3) of subsection (c), such
as providing assistance through institutions of higher edu-
cation and educational service agencies or other local con-
sortia, the State may seek approval from the Secretary
to use funds authorized in section 1002(6) for such ap-
proaches as part of the State plan.
‘‘SEC. 1118. PARENTAL INVOLVEMENT.
‘‘(a) IN GENERAL.—A local educational agency may
receive funds under this part only if it implements pro-
grams, activities, and procedures for the involvement of
parents in programs assisted under this title. Such activi-
ties shall be planned and implemented with meaningful
consultation with parents of participating children.
‘‘(b) LOCAL EDUCATIONAL AGENCY POLICY.—(1)
Each local educational agency that receives funds under
this part shall develop jointly with, and make available to,
parents of participating children a written parental in-
volvement policy that is incorporated into the local edu-
cational agency’s plan developed under section 1112, es-
tablishes the expectations for parental involvement, and
describes how the local educational agency will—
‘‘(A) involve parents in the development of the
plan described under section 1112, and the process
of school review and improvement described under
section 1116;
‘‘(B) provide the coordination, technical assist-
ance, and other support necessary to assist partici-
pating schools in planning and implementing effec-
tive parent involvement;
‘‘(C) build the schools’ and parents’ capacity for
strong parent involvement as described in subsection
(f);
‘‘(D) coordinate and integrate parental involve-
ment strategies in this part with parental involve-
ment strategies under other programs, including
Head Start, Even Start, Parents as Teachers, and
State-run preschool programs; and
‘‘(E) conduct, with the involvement of parents,
an annual evaluation of the content and effectiveness
of the parental involvement policy developed under
this section in increasing the participation of parents
to identify barriers to greater participation by par-
ents in activities authorized by this section, giving
particular attention to parents who are economically
disadvantaged, are disabled, have limited-English
proficiency, have limited literacy, or are of any racial
or ethnic minority background and use the findings
of such reviews in designing strategies for school
improvement.
‘‘(2) If the local educational agency has an agency-
wide parental involvement policy that applies to all par-
ents, it may amend such policy, if necessary, to meet the
requirements of this subsection.
‘‘(3) Each local educational agency shall reserve not
less than 1 percent of its allocation under this part for
the purposes of carrying out this section, including family
literacy and parenting skills.
‘‘(c) SCHOOL PARENTAL INVOLVEMENT PLAN.—(1)
Each school served under this part shall jointly develop
with, and make available to, parents of participating chil-
dren a written parental involvement plan that shall be in-
corporated into the school plan developed under section
1114 or 1115 and shall describe the means for carrying
out the requirements of subsections (c) through (f).
‘‘(2) If the school has a parental involvement policy
that applies to all parents, it may amend such policy, if
necessary, to meet the requirements of this subsection.
‘‘(d) POLICY INVOLVEMENT.—Each school served
under this part shall—
‘‘(1) convene an annual meeting, at a conven-
ient time, to which all parents of participating chil-
dren shall be invited and encouraged to attend, to
inform parents of the school’s participation under
this part and to explain this part, its requirements,
and the parent’s right to be involved;
‘‘(2) involve parents, in an organized, ongoing,
and timely way, in the planning, review, and im-
provement of programs under this part, including
the development of the school plan under section
1114 or 1115 or if a school has in place a process
for involving parents in the planning and design of
its programs, the school may use such process, pro-
vided that the process includes an adequate rep-
resentation of parents of participating children; and
‘‘(3) provide parents of participating children—
‘‘(A) timely information about programs
under this part;
‘‘(B) school performance profiles required
under section 1116(a)(2) and individual student
assessment results, including an interpretation
of 
such 
results, 
required 
under 
section
1111(b)(3);
‘‘(C) opportunities for regular meetings to
formulate suggestions, if such parents so desire;
and
‘‘(D) timely responses to parents’ rec-
ommendations.
‘‘(e) SHARED RESPONSIBILITIES
FOR HIGH STU-
DENT PERFORMANCE.—As a component of the school-
level parental involvement plan developed under subsection
(b), each school served under this part shall jointly develop
with parents for all children a school-parent compact that
outlines how parents, the entire school staff, and students
will share the responsibility for improved student achieve-
ment and the means by which the school and parents will
build and develop a partnership to help children achieve
the State’s high standards. Such compact shall—
‘‘(1) describe the school’s responsibility to pro-
vide high-quality curriculum and instruction in a
supportive and effective learning environment that
enable the children to meet the State’s challenging
performance standards, and the ways in which each
parent will be responsible for supporting his or her
children’s learning, including monitoring attendance,
homework completion, television watching, and posi-
tive use of extracurricular time; and
‘‘(2) address the importance of communication
between teachers and parents on an ongoing basis
through at a minimum—
‘‘(A) parent-teacher conferences in elemen-
tary schools, at least annually, during which the
compact shall be discussed as it relates to the
individual child’s achievement;
‘‘(B) frequent reports to parents on their
children’s progress; and
‘‘(C) reasonable access to staff and obser-
vation of classroom activities.
‘‘(f) BUILDING CAPACITY FOR INVOLVEMENT.—To
ensure effective involvement of parents and to support a
partnership among the school, parents, and the commu-
nity to improve student achievement, each school and local
educational agency—
‘‘(1) shall provide assistance to participating
parents in such areas as understanding the National
Education Goals, the State’s content and perform-
ance 
standards, 
opportunity-to-learn 
standards,
State and local assessments, the requirements of this
part, and how to monitor a child’s progress and
work with educators to improve the performance of
their children;
‘‘(2) shall provide materials and training, in-
cluding—
‘‘(A) coordinating necessary literacy train-
ing from other sources to help parents work
with their children to improve their children’s
achievement;
‘‘(B) training to enable parents to work
more effectively with teachers, schools, and
school systems; and
‘‘(C) in the case of a school using funds
under this part to operate a preschool program,
opportunities for parents to learn about child
development and child rearing issues beginning
at birth;
‘‘(3) shall educate teachers, principals, and
other staff in the value and utility of contributions
of parents, and in how to reach out to, communicate
with, and work with parents as equal partners, im-
plement and coordinate parent programs, and build
ties between home and school;
‘‘(4) shall develop appropriate roles for commu-
nity-based organizations and businesses in parent in-
volvement activities, including providing information
about opportunities for them to work with parents
and schools, and encouraging the formation of part-
nerships between elementary, middle, and secondary
schools and local businesses that include a role for
parents;
‘‘(5) shall ensure, to the extent possible, that
information related to school and parent programs,
meetings, and other activities is sent to the homes
of participating children in the language used in
such homes;
‘‘(6) shall involve parents in the development of
training for teachers, principals, and other educators
for the purpose of improving the effectiveness of
such training in improving instruction and services
to the children of such parents;
‘‘(7) may provide necessary literacy training
from funds received under this part if the local edu-
cational agency has exhausted all other reasonably
available sources of funding for such activities;
‘‘(8) may pay reasonable and necessary ex-
penses associated with local parental involvement ac-
tivities, including transportation and child care costs
to enable parents to participate in school-related
meetings and training sessions;
‘‘(9) may coordinate and integrate parent in-
volvement programs and activities with Head Start,
Even Start, Parents as Teachers, and State-run pre-
school programs;
‘‘(10) may train and support parents to en-
hance the involvement of other parents;
‘‘(11) may arrange meetings at a variety of
times, such as in the mornings and evenings in order
to maximize opportunities of parents to participate
in school related activities;
‘‘(12) may arrange for teachers or other edu-
cators, who work directly with participating children,
to conduct in-home conferences with parents who are
unable to attend such conferences at school; and
‘‘(13) may adopt and implement model ap-
proaches to improving parental involvement such as
Even Start.
‘‘(g) ACCESSIBILITY.—In carrying out the parental
involvement requirements of this part, local educational
agencies and schools shall, to the extent practicable, en-
sure that parents of limited-English proficient children or
disabled children are afforded the same access to parental
involvement opportunities as their children are afforded to
other programs funded under this part, including the pro-
vision of information in a language and form that the par-
ents of such children can understand.
‘‘SEC. 1119. PROFESSIONAL DEVELOPMENT.
‘‘(a) PROGRAM REQUIREMENTS.—(1) Local edu-
cational agencies receiving assistance under this part shall
provide high-quality, sustained professional development
that will improve the teaching of the core academic sub-
jects, consistent with the State content standards, in order
to enable all children to meet the State’s performance
standards.
‘‘(2) Professional development activities shall be de-
signed by teachers and other school staff in schools receiv-
ing assistance under this part.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—
‘‘(1) Professional development activities shall—
‘‘(A) support instructional practices that
are geared to challenging State content stand-
ards and create a school environment conducive
to high achievement in the core academic sub-
jects;
‘‘(B) support local educational agency
plans under section 1112 and school plans
under sections 1114 and 1115;
‘‘(C) draw on resources available under
this part, title III of the Goals 2000: Educate
American Act, part A of title II of this Act, and
from other sources;
part if the school determines that parental participation
would be appropriate.
‘‘(e) CONSORTIA.—In carrying out such professional
development programs, local educational agencies may
provide such services through consortia arrangements with
other local educational agencies, educational service agen-
cies or other local consortia, institutions of higher edu-
cation or other public or private institutions or organiza-
tions.
‘‘(f) EFFECTIVE TEACHING STRATEGIES.—Knowl-
edge of effective teaching strategies that is gained through
professional development activities under this section may
be shared with teachers who are not participating in
schoolwide or targeted assistance programs under this
part.
‘‘(g) COMBINATIONS
OF FUNDS.—Funds provided
under this part that are used for professional development
purposes may be combined with funds provided under part
A of title II of this Act, title III of the Goals 2000: Edu-
cate America Act, and other sources.
‘‘(h)(1) The State educational agency shall review the
local educational agency’s plan to determine if such agen-
cy’s professional development activities—
‘‘(A) are tied to challenging State student con-
tent and performance standards;
‘‘(B) reflect recent research on teaching and
learning;
‘‘(C) are of sufficient intensity and duration to
have a positive impact on the teacher’s performance
in the classroom;
‘‘(D) are part of the everyday activities of the
school and create an orientation toward continuous
improvement in the classroom or throughout the
school;
‘‘(E) include methods to teach children with
special needs;
‘‘(F) are developed with the extensive participa-
tion of teachers; and
‘‘(G) include gender-equitable education meth-
ods, techniques, and practices.
‘‘(2) If a local educational agency’s plan for profes-
sional development does not meet such criteria, the State
educational agency shall assist such local educational
agencies in making progress toward inclusion of such ele-
ments in the local educational agency’s professional devel-
opment activities.
‘‘(i) INSTRUCTIONAL AIDES.—(1) If a local edu-
cational agency uses funds received under this part to em-
ploy instructional aides, the local educational agency shall
ensure that such aides—
‘‘(A) possess the knowledge and skills sufficient
to assist participating children in meeting the edu-
cational goals of this part;
‘‘(B)(i) have a high school diploma, a General
Education Development certificate, or earn either
within 2 years of employment, except that
‘‘(ii) a local educational agency may employ an
instructional aide that does not meet the require-
ment in clause (i) if such aide possesses proficiency
in a language other than English that is needed to
enhance the participation of children in programs
under this part; and
‘‘(C) are under the direct supervision of a
teacher who has primary responsibility for providing
instructional services to eligible children.
‘‘(2) Local educational agencies receiving funds under
this part shall include instructional aides in professional
development activities.
‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN
PRIVATE SCHOOLS.
‘‘(a) GENERAL REQUIREMENT.—(1) To the extent
consistent with the number of eligible children identified
under section 1115(b) in a local educational agency who
are enrolled in private elementary and secondary schools,
a local educational agency shall, after timely and meaning-
ful consultation with appropriate private school officials,
provide such children, on an equitable basis, special edu-
cational services or other benefits under this part (such
as dual enrollment, educational radio and television, com-
puter equipment and materials, other technology, and mo-
bile educational services and equipment).
‘‘(2) The educational services or other benefits, in-
cluding materials and equipment, must be secular, neutral,
and nonideological.
‘‘(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children par-
ticipating under this part.
‘‘(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from
low-income families who attend private schools.
‘‘(5) The local educational agency may provide such
services directly or through contracts with public and pri-
vate agencies, organizations, and institutions.
‘‘(b) PUBLIC CONTROL OF FUNDS.—(1) The control
of funds provided under this part, and title to materials,
equipment, and property purchased with such funds, shall
be in a public agency, and a public agency shall administer
such funds and property.
‘‘(2)(A) The provision of services under this section
shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by such public agency
with an individual, association, agency, or organiza-
tion.
‘‘(B) In the provision of such services, such employee,
person, association, agency, or organization shall be inde-
pendent of such private school and of any religious organi-
zation, and such employment or contract shall be under
the control and supervision of such public agency.
‘‘(c) STANDARDS FOR A BYPASS.—If a local edu-
cational agency is prohibited by law from providing for
the participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or
if the Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall—
‘‘(1) waive the requirements of this section for
such local educational agency; and
‘‘(2) arrange for the provision of services to
such children through arrangements that shall be
100
subject to the requirements of this section and sec-
tions 9505 and 9506 of this Act.
‘‘(d) CAPITAL EXPENSES.—(1)(A) From the amount
appropriated for this subsection under section 1002(5) for
any fiscal year, each State is eligible to receive an amount
that bears the same ratio to the amount so appropriated
as the number of private school children who received serv-
ices under this part in the State in the most recent year
for which data satisfactory to the Secretary are available
bears to the number of such children in all States in that
same year.
‘‘(B) The Secretary shall reallocate any amounts allo-
cated under subparagraph (A) that are not used by a
State for the purpose of this subsection to other States
on the basis of their respective needs, as determined by
the Secretary.
‘‘(2)(A) A local educational agency may apply to the
State educational agency for payments for capital ex-
penses consistent with this subsection.
‘‘(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree
of need set forth in their respective applications.
‘‘(3) Any funds appropriated to carry out this sub-
section shall be used only for capital expenses incurred to
101
provide equitable services for private school children under
this section.
‘‘(4) For the purpose of this subsection, the term
‘capital expenses’ is limited to—
‘‘(A) expenditures for noninstructional goods
and services, such as the purchase, lease, or renova-
tion of real and personal property, including, but not
limited to, mobile educational units and leasing of
neutral sites or spaces;
‘‘(B) insurance and maintenance costs;
‘‘(C) transportation; and
‘‘(D) other comparable goods and services.
‘‘SEC. 1121. FISCAL REQUIREMENTS.
‘‘(a) MAINTENANCE
OF
EFFORT.—A local edu-
cational agency may receive funds under this part for any
fiscal year only if the State educational agency finds that
the local educational agency has maintained its fiscal ef-
fort in accordance with section 9501 of this Act, including
such effort for professional development activities.
‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP-
PLANT, NON-FEDERAL FUNDS.—(1)(A) Except as pro-
vided in subparagraph (B), a State or local educational
agency shall use funds received under this part only to
supplement the amount of funds that would, in the ab-
sence of such Federal funds, be made available from non-
102
Federal sources for the education of pupils participating
in programs assisted under this part, and not to supplant
such funds.
‘‘(B) For the purpose of complying with subpara-
graph (A), a State or local educational agency may exclude
supplemental State and local funds expended in any eligi-
ble school attendance area or school for programs that
meet the requirements of section 1114 or 1115.
‘‘(2) No local educational agency shall be required to
provide services under this part through a particular in-
structional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
‘‘(c) COMPARABILITY OF SERVICES.—(1)(A) Except
as provided in paragraphs (4) and (5), a local educational
agency may receive funds under this part only if State
and local funds will be used in schools served under this
part to provide services that, taken as a whole, are at least
comparable to services in schools that are not receiving
funds under this part.
‘‘(B) If the local educational agency is serving all of
its schools under this part, such agency may receive funds
under this part only if it will use State and local funds
to provide services that, taken as a whole, are substantially
comparable in each school.
103
‘‘(C) A local educational agency may meet the re-
quirements of subparagraphs (A) and (B) on a grade-span
by grade-span basis or a school-by-school basis.
‘‘(2)(A) To meet the requirements of paragraph (1),
a local educational agency shall demonstrate that—
‘‘(i) expenditures per pupil from State and local
funds in each school served under this part are equal
to or greater than the average expenditures per
pupil in schools not receiving services under this
part; or
‘‘(ii) instructional basic salaries per pupil from
State and local funds in each school served under
this part are equal or greater than the average in-
structional salaries per pupil in schools not receiving
services.
‘‘(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and
local funds or instructional salaries per pupil from State
and local funds, staff salary differentials for years of em-
ployment shall not be included.
‘‘(C) A local educational agency need not include un-
predictable changes in student enrollment or personnel as-
signments that occur after the beginning of a school year
in determining comparability of services under this sub-
section.
104
‘‘(3) Each local educational agency shall—
‘‘(A) develop procedures for compliance with
this subsection; and
‘‘(B) maintain records that are updated bienni-
ally documenting its compliance.
‘‘(4) This subsection shall not apply to a local edu-
cational agency that does not have more than one building
for each grade span.
‘‘(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude
State and local funds expended for—
‘‘(A) bilingual education for children of limited
English proficiency; and
‘‘(B) excess costs of providing services to chil-
dren with disabilities.
‘‘Subpart 2—Allocations
‘‘SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE
SECRETARY OF THE INTERIOR.
‘‘(a) RESERVATION OF FUNDS.—From the amount
appropriated for payments to States for any fiscal year
under section 1002(a), the Secretary shall reserve a total
of 1 percent to provide assistance to—
‘‘(1) the outlying areas on the basis of their re-
spective need for such assistance according to such
105
criteria as the Secretary determines will best carry
out the purpose of this part; and
‘‘(2) the Secretary of the Interior in the amount
necessary to make payments pursuant to subsection
(b).
‘‘(b) ALLOTMENT TO THE SECRETARY OF THE INTE-
RIOR.—
‘‘(1) The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for
any fiscal year shall be, as determined pursuant to
criteria established by the Secretary, the amount
necessary to meet the special educational 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.
‘‘(2) From the amount allotted for payments to
the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make pay-
ments to local educational agencies, upon such terms
as the Secretary of Education determines will best
106
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
expenditure in the State in which the agency is
located; or
‘‘(B) 48 percent of such expenditure in the
United States.
‘‘SEC. 1123. ALLOCATIONS TO STATES.
‘‘(a) GENERAL.—For each fiscal year, an amount of
the appropriations for this part equal to the appropriation
for fiscal year 1994 for part A of chapter 1, title I, Ele-
mentary and Secondary Education Act, shall be allocated
in accordance with sections 1124 and 1124A. Any addi-
tional appropriations for this part for any fiscal year, after
application of the preceding sentence, shall be allocated
in accordance with section 1125.
‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP-
PROPRIATIONS.—
‘‘(1) 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 ratably
107
reduce the allocations to such local educational agen-
cies, subject to subsections (c) and (d) of this sec-
tion.
‘‘(2) If additional funds become available for
making payments under sections 1124, 1124A, and
1125 for such fiscal year, allocations that were re-
duced under paragraph (1) shall be increased on the
same basis as they were reduced.
‘‘(c) HOLD-HARMLESS AMOUNTS.—Notwithstanding
subsection (b), the total amount made available to each
local educational agency under each of sections 1124 and
1125 for any fiscal year shall be at least 85 percent of
the total amount such local educational agency was allo-
cated under such sections (or, for fiscal year 1995, their
predecessor authorities) for the preceding fiscal year.
‘‘(d) DEFINITION.—For the purpose of this section
and sections 1124 and 1125, the term State means each
of the 50 States, the District of Columbia, and the Com-
monwealth of Puerto Rico.
‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) AMOUNT OF GRANTS.—
‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN-
CIES AND PUERTO RICO.—
108
‘‘(A) The grant which a local educational
agency in a State is eligible to receive under
this subpart for a fiscal year shall (except as
provided in section 1126), be determined by
multiplying the number of children counted
under subsection (c) by 40 percent of the
amount determined under the next sentence.
The amount determined under this sentence
shall be the average per pupil expenditure in
the State except that (i) if the average per pupil
expenditure in the State is less than 80 percent
of the average per pupil expenditure in the
United States, such amount shall be 80 percent
of the average per pupil expenditure in the
United States, or (ii) if the average per pupil
expenditure in the State is more than 120 per-
cent of the average per pupil expenditure in the
United States, such amount shall be 120 per-
cent of the average per pupil expenditure in the
United States. For each local educational agen-
cy serving an area with a total population of at
least 20,000 persons, the grant under this sec-
tion shall be the amount determined by the Sec-
retary. For local educational agencies serving
areas with total population of fewer than
109
20,000 persons, the State education agency
may either (I) distribute to such local edu-
cational agencies grants under this section
equal to the amounts determined by the Sec-
retary; or (II) use an alternative method, ap-
proved by the Secretary, to distribute the share
of the State’s total grants under this section
that is based on local educational agencies with
total populations of fewer than 20,000 persons.
Such an alternative method of distributing
grants under this section among a State’s local
educational agencies serving areas with total
populations of fewer than 20,000 persons shall
be based upon population data that the State
education agency determines best reflect the
current distribution of children in poor families
among the State’s local educational agencies
serving areas with total populations of fewer
than 20,000 persons. If a local educational
agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State edu-
cation agency, then it may appeal this deter-
mination to the Secretary. The Secretary must
respond to this appeal within 45 days of re-
110
ceipt. The Secretary shall consult with the Sec-
retary of Commerce regarding whether available
data on population for local educational agen-
cies serving areas with total populations of
fewer than 20,000 persons are sufficiently reli-
able to be used to determine final grants to
such areas.
‘‘(B) If, and only if, there are portions of
any of the States for which the Department of
Commerce has not prepared data on the num-
ber of children, aged 5–17, from families below
the poverty level for local educational agencies,
then the Secretary shall use such data compiled
for counties in those portions of the States,
treating the counties as if they were local edu-
cational agencies. In such cases, subject to sec-
tion 1126, the grant for any local educational
agency in such an area of a State shall be de-
termined on the basis of the aggregate amount
of such grants for all such agencies in the coun-
ty or counties in which the school district of the
particular agency is located, which aggregate
amount shall be equal to the aggregate amount
determined under subparagraph (A) for such
county or counties, and shall be allocated
111
among those agencies upon such equitable basis
as may be determined by the State educational
agency in accordance with basic criteria pre-
scribed by the Secretary.
‘‘(C) For each fiscal year, the Secretary
shall determine the percentage which the aver-
age per pupil expenditure in the Commonwealth
of Puerto Rico is of the lowest average per
pupil expenditure of any of the 50 States. The
grant which the Commonwealth of Puerto Rico
shall be eligible to receive under this subpart
for a fiscal year shall be the amount arrived at
by multiplying the number of children counted
under subsection (c) for the Commonwealth of
Puerto Rico by the product of—
‘‘(i) the percentage determined under
the preceding sentence; and
‘‘(ii) 32 percent of the average per
pupil expenditure in the United States.
‘‘(2) DEFINITION.—For purposes of this sub-
section, the term ‘State’ does not include Guam,
American Samoa, the Virgin Islands, the Northern
Mariana Islands, and Palau.
‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL-
IFY.—A local educational agency shall be eligible for a
112
basic grant for a fiscal year under this subpart only if
the number of children counted under subsection (c) in
the school district of such local educational agency is at
least 10.
‘‘(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)(A),
‘‘(B) the number of children aged 5 to 17,
inclusive, in the school district of such agency
from families above the poverty level as deter-
mined under paragraph (2)(B), and
‘‘(C) the number of children aged 5 to 17,
inclusive, in the school district of such agency
in institutions for neglected and delinquent chil-
dren (other than such institutions operated by
the United States) or attending community day
programs for such children, but not counted
pursuant to subpart 3 of part D for the pur-
poses of a grant to a State agency, or being
supported in foster homes with public funds.
113
‘‘(2) DETERMINATION
OF
NUMBER
OF
CHIL-
DREN.—
‘‘(A) For the purposes of this section, the
Secretary shall determine the number of chil-
dren aged 5 to 17, inclusive, from families
below the poverty level on the basis of the most
recent satisfactory data available from the De-
partment of Commerce for local educational
agencies (as produced and published under sec-
tion 181a of title 13, United States Code). If,
and only if, there are portions of any of the
States for which the Department of Commerce
has not prepared data on the number of chil-
dren, aged 5–17, from families below the pov-
erty level for local educational agencies, then
the Secretary shall use such data compiled for
counties in those portions of the States, treat-
ing the counties as if they were local edu-
cational agencies. The District of Columbia and
the Commonwealth of Puerto Rico shall be
treated as individual local educational agencies.
If a local educational agency contains two or
more counties in their entirety, then each coun-
ty will be treated as if it were a separate local
educational agency for purposes of calculating
114
grants under this part. The total of grants for
such counties shall be allocated to such a local
educational agency, which shall distribute to
schools in each county within it a share of the
local educational agency’s total grant that is no
less than the county’s share of the population
counts used to calculate the local educational
agency’s grant. If the Department of Commerce
has updated data on the number of children,
aged 5–17, from families below the poverty level
for local educational agencies, then the Sec-
retary shall use the updated data. In determin-
ing 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 Consumer Price Index for
all urban consumers, published by the Bureau
of Labor Statistics.
‘‘(B) For purposes of this section, the Sec-
retary shall determine the number of children
aged 5 to 17, inclusive, from families above the
poverty level on the basis of the number of such
children from families receiving an annual in-
115
come, in excess of the current criteria of pov-
erty, from payments under the program of aid
to families with dependent children under a
State plan approved under title IV of the Social
Security Act; and in making such determina-
tions the Secretary shall utilize the criteria of
poverty used by the Bureau of the Census in
compiling the most recent decennial census for
a family of 4 in such form as those criteria
have been updated by increases in the
Consumer Price Index for all urban consumers,
published by the Bureau of Labor Statistics.
The Secretary shall determine the number of
such children and the number of children of
such ages living in institutions for neglected or
delinquent 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 (using, in the case of chil-
dren described in the preceding sentence, the
criteria of poverty and the form of such criteria
required by such sentence which were deter-
mined for the calendar year preceding such
month of October) or, to the extent that such
data are not available to the Secretary before
116
January of the calendar year in which the Sec-
retary’s determination is made, then on the
basis of the most recent reliable data available
to the Secretary at the time of such determina-
tion. The Secretary of Health and Human Serv-
ices shall collect and transmit the information
required by this subparagraph to the Secretary
not later than January 1 of each year.
‘‘(C) When requested by the Secretary, the
Secretary of Commerce shall make a special up-
dated estimate of the number of children of
such ages who are from families below the pov-
erty 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 Commerce
shall give consideration to any request of the
chief executive of a State for the collection of
additional census information. For purposes of
this section, the Secretary shall consider all
children who are in correctional institutions to
be living in institutions for delinquent children.
‘‘(d) STATE MINIMUM.—
117
‘‘(1) The aggregate amount allotted for all local
educational agencies within a State may not be less
than one-quarter of 1 percent of the total amount
available for such fiscal year under this section.
‘‘(2)(A) No State shall, by reason of the appli-
cation of the provisions of paragraph (1) of this sub-
section, be allotted more than—
‘‘(i) 150 percent of the amount that the
State received in the fiscal year preceding the
fiscal year for which the determination is made,
or
‘‘(ii) the amount calculated under subpara-
graph (B), whichever is less.
‘‘(B) For the purpose of subparagraph (A)(ii),
the amount for each State equals—
‘‘(i) the number of children in such State
counted under subsection (c) in the fiscal year
specified in subparagraph (A), multiplied by
‘‘(ii) 150 percent of the national average
per pupil payment made with funds available
under this section for that year.
‘‘(3) However, no State may receive less under
this section for fiscal years 1995 and 1996 than it
received the preceding year, or fiscal year 1993,
118
whichever is greater, as a result of application of
paragraph (2).
‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU-
CATIONAL AGENCIES.
‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
‘‘(1)(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State
other than Guam, American Samoa, the Virgin Is-
lands, the Northern Mariana Islands, and Palau,
which is eligible for a grant under this part for any
fiscal year shall be entitled to an additional grant
under this section for that fiscal year if—
‘‘(i) the number of children counted under
section 1124(c) of this part in the local edu-
cational agency for the preceding fiscal year ex-
ceeds 6,500, or
‘‘(ii) the number of children counted under
section 1124(c) exceeds 15 percent of the total
number of children aged five to seventeen, in-
clusive, in the local educational agency in that
fiscal year.
‘‘(B) Except as provided in subparagraph (C),
no State described in subparagraph (A) shall receive
less than—
119
‘‘(i) one-quarter of 1 percent of the sums
appropriated under paragraph (6) of this sec-
tion for such fiscal year; or
‘‘(ii) $250,000, whichever is higher.
‘‘(C) No State shall, by reason of the applica-
tion of the provisions of subparagraph (B)(i) of this
paragraph, be allotted more than—
‘‘(i) 150 percent of the amount that the
State received in the fiscal year preceding the
fiscal year for which the determination is made,
or
‘‘(ii) the amount calculated under subpara-
graph (D), whichever is less.
‘‘(D) For the purpose of subparagraph (C), the
amount for each State equals—
‘‘(i) the number of children in such State
counted for purposes of this section in the fiscal
year specified in subparagraph (B), multiplied
by
‘‘(ii) 150 percent of the national average
per pupil payment made with funds available
under this section for that year.
‘‘(2) For each local educational agency eligible
to receive an additional grant under this section for
120
any fiscal year the Secretary shall determine the
product of—
‘‘(A) the greater of—
‘‘(i) the number of children in excess
of 6,500 counted under section 1124(c) for
the preceding fiscal year, in a local edu-
cational agency which qualifies on the
basis of subparagraph (A)(i) of paragraph
(1); or
‘‘(ii) the number of children counted
under section 1124(c) for the preceding
fiscal year in a local educational agency
which qualifies on the basis of subpara-
graph (A)(ii) of paragraph (1); and
‘‘(B) the quotient resulting from the divi-
sion of the amount determined for those agen-
cies under section 1124(a)(1) for the fiscal year
for which the determination is being made di-
vided by the total number of children counted
under section 1124(c) for that agency for the
preceding fiscal year.
‘‘(3) The amount of the additional grant to
which an eligible local educational agency is entitled
under this section for any fiscal year shall be an
amount which bears the same ratio to the amount
121
reserved under paragraph (6) 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 edu-
cational agencies in the United States for that fiscal
year.
‘‘(4) For the purposes of this section, the Sec-
retary shall determine the number of children count-
ed under section 1124(c) for any local educational
agency, and the total number of children aged five
to seventeen, inclusive, in local educational agencies,
on the basis of the most recent satisfactory data
available at the time the payment for such local edu-
cational agency is determined under section 1124.
‘‘(5)(A) For each local educational agency serv-
ing an area with a total population of at least
20,000 persons, the grant under this section shall be
the amount determined by the Secretary. For local
educational agencies serving areas with total popu-
lations of fewer than 20,000 persons, the State edu-
cation agency may either (i) distribute to such local
educational agencies grants under this section equal
to the amounts determined by the Secretary; or (ii)
use an alternative method, approved by the Sec-
retary, to distribute the share of the State’s total
122
grants under this section that is based on local edu-
cational agencies with total populations of fewer
than 20,000 persons. Such an alternative method of
distributing grants under this section among a
State’s local educational agencies serving areas with
total populations of fewer than 20,000 persons shall
be based upon population data that the State edu-
cation agency determines best reflects the current
distribution of children in poor families among the
State’s local educational agencies serving areas with
total populations of fewer than 20,000 persons and
meeting the eligibility criteria of paragraph (1)(A).
If a local educational agency serving an area with
total population of less than 20,000 persons is dis-
satisfied with the determination of its grant by the
State education agency, then it may appeal this de-
termination to the Secretary. The Secretary must re-
spond to this appeal within 45 days of receipt. The
Secretary shall consult with the Secretary of Com-
merce regarding whether available data on popu-
lation for local educational agencies serving areas
with total populations of fewer than 20,000 persons
are sufficiently reliable to be used to determine final
grants to such areas meeting the eligibility criteria
of paragraph (1)(A).
123
‘‘(B) If, and only if, there are portions of any
of the States for which the Department of Com-
merce has not prepared data on the number of chil-
dren, aged 5–17, from families below the poverty
level for local educational agencies, then the Sec-
retary shall use such data compiled for counties in
those portions of the States, treating the counties as
if they were local educational agencies. In such
cases, subject to section 1126, the grant for any
local educational agency in such an area of a State
shall be determined on the basis of the aggregate
amount of such grants for all such agencies in the
county or counties in which the school district of the
particular agency is located, which aggregate
amount shall be equal to the aggregate amount de-
termined under subparagraph (A) for such county or
counties, and shall be allocated among those agen-
cies upon such equitable basis as may be determined
by the State educational agency in accordance with
the basic criteria prescribed by the Secretary.
‘‘(b) RESERVATION OF FUNDS.—Of the total amount
of funds available for sections 1124 and 1125A, 10 per-
cent of the amount appropriated for that fiscal year shall
be available to carry out this section.
124
‘‘(c) RATABLE REDUCTION RULE.—If the sums
available under subsection (b) for any fiscal year for mak-
ing payments under this section are not sufficient to pay
in full the total amounts which all States are entitled to
receive under subsection (a) for such fiscal year, the maxi-
mum amounts which all States are entitled to receive
under subsection (a) for such fiscal year shall be ratably
reduced. In case additional funds become available for
making such payments for any fiscal year during which
the preceding sentence is applicable, such reduced
amounts shall be increased on the same basis as they were
reduced.
‘‘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
agency under subsection 1124(c), before application of the
weighting factor, is at least 10.
‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,
THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—(1)
The amount of the grant that a local educational agency
in a State or that the District of Columbia is eligible to
126
grants for each local educational agency. Weighting
factors shall be assigned according to the following
scale: if the percentage is greater than 0 but less
than 14.265, the weighting factor shall be 1.00 for
all children counted in section 1124(c); if the per-
centage is greater than 14.265 but less than 21.553,
the weighting factor shall be 1.00 for a number of
children counted in section 1124(c) equal to 14.265
percent of the total school age population and 1.50
for children counted under section 1124(c) in excess
of 14.265 percent of the total school age population;
if the percentage is greater than 21.553 percent but
less than 29.223 percent, then the weighting factor
shall be 1.00 for a number of children counted in
section 1124(c) equal to 14.265 percent of the total
school age population, 1.50 for a number of children
counted under section 1124(c) equal to 7.288 per-
cent of the total school age population, and 2.00 for
children counted under section 1124(c) in excess of
21.553 percent of the total school age population; if
the percentage is greater than 29.223 percent but
less than 36.538 percent, then the weighting factor
shall be 1.00 for a number of children counted in
section 1124(c) equal to 14.265 percent of the total
school age population, 1.50 for a number of children
127
counted under section 1124(c) equal to 7.288 per-
cent of the total school age population, 2.00 for a
number of children counted under section 1124(c)
equal to 7.67 percent of the total school age popu-
lation, and 2.50 for children counted under section
1124(c) in excess of 29.223 percent of the total
school age population; and if the percentage is great-
er than 36.538, then the weighting factor shall be
1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school
age population, 1.50 for a number of children count-
ed under section 1124(c) equal to 7.288 percent of
the total school age population, 2.00 for a number
of children counted under section 1124(c) equal to
7.67 percent of the total school age population, 2.50
for a number of children counted in section 1124(c)
equal to 7.315 percent of the total school age popu-
lation, and 3.00 for children counted in section
1124(c) in excess of 36.538 percent of the total
school age population. Separately, if the number of
children counted under section 1124(c) is greater
than 0 but less than 575, the weighting factor shall
be 1.00 for all children counted in section 1124(c);
if the number is greater than 575 but less than
1,870, the weighting factor shall be 1.00 for a num-
128
ber of children counted in section 1124(c) equal to
575, and 1.50 for children counted under section
1124(c) in excess of 575; if the number is greater
than 1,870 but less than 6,910, then the weighting
factor shall be 1.00 for a number of children count-
ed in section 1124(c) equal to 575, 1.50 for a num-
ber of children counted under section 1124(c) equal
to 1,295, and 2.00 for children counted under sec-
tion 1124(c) in excess of 1,870; if the number is
greater than 6,910 but less than 42,000 then the
weighting factor shall be 1.00 for a number of chil-
dren counted in section 1124(c) equal to 575, 1.50
for a number of children counted under section
1124(c) equal to 1,295, 2.00 for a number of chil-
dren counted under section 1124(c) equal to 5,040,
and 2.50 for children counted under section 1124(c)
in excess of 6,910; and if the number is greater than
42,000, then the weighting factor shall be 1.00 for
a number of children counted in section 1124(c)
equal to 575, 1.50 for a number of children counted
under section 1124(c) equal to 1,295, 2.00 for a
number of children counted under section 1124(c)
equal to 5,040, 2.50 for a number of children count-
ed in section 1124(c) equal to 35,090 and 3.00 for
children counted in section 1124(c) in excess of
129
42,000. For the Commonwealth of Puerto Rico, the
weighting factor shall be no greater than 1.62.
‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—
For each local educational agency serving an area with
a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas
with total populations of fewer than 20,000 persons, the
State education agency may either (1) distribute to such
local educational agencies grants under this section equal
to the amounts determined by the Secretary; or (2) use
an alternative method, approved by the Secretary, to dis-
tribute the share of the State’s total grants under this sec-
tion that is based on local educational agencies with total
populations of fewer than 20,000 persons. Such an alter-
native method of distributing grants under this section
among a State’s local educational agencies serving areas
with total populations of fewer than 20,000 persons shall
be based upon population data that the State education
agency determines best reflects the current distribution of
children in poor families among the State’s local edu-
cational agencies serving areas with total populations of
fewer than 20,000 persons. If a local educational agency
serving an area with total populations of less than 20,000
persons is dissatisfied with the determination of its grant
130
by the State education agency, then it may appeal this
determination to the Secretary. The Secretary must re-
spond to this appeal within 45 days of receipt. If, and only
if, there are portions of any of the States for which the
Department of Commerce has not prepared data on the
number of children, aged 5–17, from families below the
poverty level for local educational agencies, then the Sec-
retary shall use such data compiled for counties in those
portions of the States, treating the counties as if they were
local educational agencies. The Secretary shall consult
with the Secretary of Commerce regarding whether avail-
able data on population for local educational agencies serv-
ing areas with total populations of fewer than 20,000 per-
sons are sufficiently reliable to be used to determine final
grants to such areas.
‘‘(e) STATE MINIMUM.—Notwithstanding any other
provision of this section, from the total amount available
for any fiscal year to carry out this section, each State
shall be allotted at least the lesser of—
‘‘(1) one quarter of one percent of such
amount;
‘‘(2) 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
131
described in section 1124(c), without application of
a weighting factor.
‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
‘‘(a) ALLOCATIONS
FOR NEGLECTED
OR DELIN-
QUENT CHILDREN.—(1) If a State educational agency de-
termines 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 institutions for ne-
glected or delinquent children as described in subpara-
graph 1124(c)(1)(C), the State educational agency shall,
if it assumes responsibility for the special educational
needs of such children, receive the portion of such local
educational agency’s allocation under sections 1124,
1124A, and 1125 that is attributable to such children.
‘‘(2) If the State educational agency does not assume
such responsibility, any other State or local public agency
that does assume such responsibility shall receive that por-
tion of the local educational 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 between and among the affected local educational
agencies when—
132
‘‘(1) two or more local educational agencies
serve, in whole or in part, the same geographical
area; or
‘‘(2) a local educational agency provides free
public education for children who reside in the
school district of another local educational agency.
‘‘(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
educational agency shall make the excess amount available
to other local educational agencies in the State that need
additional funds in accordance with criteria established by
the State educational agency.
‘‘SEC. 1127. CARRYOVER AND WAIVER.
‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding
section 412 of the General Education Provisions Act or
any other provision of law, not more than 15 percent of
the funds allocated to a local educational agency for any
fiscal year under this subpart (but not including funds re-
ceived through any reallocation under this subpart) may
remain available for obligation by such agency for one ad-
ditional fiscal year.
133
‘‘(b) WAIVER.—A State educational agency may,
once every three years, waive the percentage limitation in
subsection (a) if—
‘‘(1) the agency determines that the request of
a local educational agency is reasonable and nec-
essary; or
‘‘(2) supplemental appropriations for this sub-
part become available.
‘‘(c) EXCLUSION.—The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart
for any fiscal year.
‘‘Subpart 3—Presidential Awards Program
‘‘SEC. 1131. PRESIDENTIAL AWARDS PROGRAM.
‘‘(a) DEVELOPMENT.—The Secretary may develop a
Presidential awards program that will recognize the per-
son or corporation producing the best education game of
the year.
‘‘(b) NOMINATIONS.—Games recognized under this
program shall be selected by the Secretary from a list of
nominees or applicants submitted by a panel of experts
who convene annually at the request of the Secretary.
‘‘(c) SELECTION.—The Secretary shall annually con-
vene a panel of experts who will review nominations and
applicants in selecting recipients who will receive awards
134
under this section. Games selected for awards under this
section may be eligible to receive other awards.
‘‘PART B—EVEN START FAMILY LITERACY
PROGRAMS
‘‘SEC. 1201. STATEMENT OF PURPOSE.
‘‘It is the purpose of this part to help break the cycle
of poverty and illiteracy by improving the educational op-
portunities of the Nation’s low-income families by inte-
grating early childhood education, adult literacy or adult
basic education, and parenting education into a unified
family literacy program, to be referred to as ‘Even Start’,
that is implemented through cooperative projects that
build on existing community resources to create a new
range of services, that promotes achievement of the Na-
tional Education Goals, and that assists children and
adults from low-income families to achieve challenging
State standards.
‘‘SEC. 1202. PROGRAM AUTHORIZED.
‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUT-
LYING AREAS, INDIAN TRIBES, AND OTHER PURPOSES.—
(1) In each fiscal year, the Secretary shall reserve not less
than 5 percent of the amount appropriated under section
1002(b) of this title for programs, under such terms and
conditions as the Secretary shall establish, that are con-
135
sistent with the purpose of this part, and according to
their relative needs, for—
‘‘(A) children of migratory workers;
‘‘(B) the outlying areas; and
‘‘(C) Indian tribes and tribal organizations.
‘‘(2) If the amount of funds made available under
subsection (a) exceeds $4,600,000, the Secretary shall
make a grant of sufficient size and for a period of suffi-
cient duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and their
preschool age children and that has the capability of devel-
oping a program of high quality.
‘‘(b) RESERVATION
FOR FEDERAL ACTIVITIES.—
From amounts appropriated under section 1002(b), the
Secretary may reserve not more than three percent of such
amounts or the amount reserved for such purposes in the
fiscal year 1994, whichever is greater, for purposes of—
‘‘(1) carrying out the evaluation required by
section 1209; and
‘‘(2) providing, through grants or contracts,
technical assistance, program improvement, and rep-
lication activities through eligible organizations.
‘‘(c) STATE ALLOCATION.—(1) After reserving funds
under subsections (a) and (b), the Secretary shall allocate
136
the remaining funds appropriated for this part to States,
to be used in accordance with section 1203.
‘‘(2) Except as provided in paragraph (3), from the
total amount available for allocation to States in any fiscal
year, each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to
such total amount as the amount allocated to such State
under section 1122 of this title bears to the total amount
allocated under that section to all the States.
‘‘(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
‘‘(d) DEFINITIONS.—For the purpose of this part—
‘‘(1) the term ‘eligible entity’ means a partner-
ship composed of both—
‘‘(A) a local educational agency; and
‘‘(B) a nonprofit community-based organi-
zation, public agency, institution of higher edu-
cation, or other public or private nonprofit or-
ganization of demonstrated quality;
‘‘(2) the terms ‘Indian tribe’ and ‘tribal organi-
zation’ have the meanings given such terms in sec-
tion 4 of the Indian Self-Determination and Edu-
cation Assistance Act;
137
‘‘(3) the term ‘State’ includes each of the 50
States, the District of Columbia, and the Common-
wealth of Puerto Rico; and
‘‘(4) the term ‘eligible organization’ means any
public or private nonprofit organization with a
record of providing effective services to family lit-
eracy providers, such as the National Center for
Family Literacy, Parents as Teachers, Inc., and the
Home Instruction Program for Preschool Young-
sters.
‘‘SEC. 1203. STATE PROGRAMS.
‘‘(a) STATE-LEVEL ACTIVITIES.—Each State that re-
ceives a grant under section 1202(c)(1) may use not more
than 5 percent for—
‘‘(1) administrative costs; and
‘‘(2) the provision, through one or more
subgrants or contracts, of access to technical assist-
ance for program improvement and replication to eli-
gible entities that receive subgrants under subsection
(b).
‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—(1) Each
State shall use the remainder of its grant to make
subgrants to eligible entities to carry out Even Start pro-
grams.
138
‘‘(2) No State shall award a subgrant under para-
graph (1) for an amount less than $75,000.
‘‘SEC. 1204. USES OF FUNDS.
‘‘(a) IN GENERAL.—In carrying out an Even Start
program under this part, a recipient of funds under this
part shall use such funds to pay the Federal share of the
cost of providing family-centered education programs that
involve parents and children, from birth through age 7,
in a cooperative effort to help parents become full partners
in the education of their children and to assist children
in reaching their full potential as learners.
‘‘(b) FEDERAL SHARE LIMITATION.—(1)(A) Except
as provided in paragraph (2), the Federal share under this
part may not exceed—
‘‘(i) 90 percent of the total cost of the program
in the first year that that program receives assist-
ance under this part or its predecessor authority;
‘‘(ii) 80 percent in the second such year;
‘‘(iii) 70 percent in the third such year;
‘‘(iv) 60 percent in the fourth such year; and
‘‘(v) 50 percent in any subsequent such year.
‘‘(B) The remaining cost of a program under this
part may be provided in cash or in kind, fairly evaluated,
and may be obtained from any source other than funds
received under this title.
139
‘‘(2) The State educational agency may waive, in
whole or in part, the cost-sharing requirement of para-
graph (1) if an eligible entity—
‘‘(A) demonstrates that it otherwise would not
be able to participate in the program under this
part; and
‘‘(B) negotiates an agreement with the State
educational agency with respect to the amount of the
remaining cost to which the waiver would be applica-
ble.
‘‘(3) Federal funds under this part may not be used
for the indirect costs of an Even Start program, except
that the Secretary may waive this limitation if a recipient
of funds reserved under section 1202(a)(3) demonstrates
to the Secretary’s satisfaction that it otherwise would not
be able to participate in the program under this part.
‘‘SEC. 1205. PROGRAM ELEMENTS.
‘‘Each Even Start program assisted under this part
shall—
‘‘(1) include the identification and recruitment
of families most in need of services provided under
this part, as indicated by a low level of income, a low
level of adult literacy or English language pro-
ficiency of the eligible parent or parents, and other
need-related indicators;
140
‘‘(2) include screening and preparation of par-
ents and children to enable them to participate fully
in the activities and services provided under this
part, including testing, referral to necessary counsel-
ling, other developmental and support services, and
related services;
‘‘(3) be designed to accommodate the partici-
pants’ work schedule and other responsibilities, in-
cluding the provision of support services, when un-
available from other sources, necessary for participa-
tion, such as—
‘‘(A) scheduling and locating of services to
allow joint participation by parents and chil-
dren;
‘‘(B) child care for the period that parents
are involved in the program provided under this
part; and
‘‘(C) transportation for the purpose of ena-
bling parents and their children to participate
in programs authorized by this part;
‘‘(4) include high-quality instructional programs
that promote adult literacy, empower parents to sup-
port the educational growth of their children, devel-
opmentally appropriate early childhood educational
141
services, and preparation of children for success in
regular school programs;
‘‘(5) include special training of staff, including
child care staff, to develop the skills necessary to
work with parents and young children in the full
range of instructional services offered through this
part;
‘‘(6) provide and monitor integrated instruc-
tional services to participating parents and children
through home-based programs;
‘‘(7) operate on a year-round basis, including
the provision of some program services, either in-
structional or enrichment, or both, during the sum-
mer months;
‘‘(8) be coordinated with—
‘‘(A) programs assisted under other parts
of this title and this Act;
‘‘(B) any relevant programs under the
Adult Education Act, the Individuals With Dis-
abilities Education Act, and the Job Training
Partnership Act; and
‘‘(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
and
142
‘‘(9) provide for an independent evaluation of
the program.
‘‘SEC. 1206. ELIGIBLE PARTICIPANTS.
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), eligible participants in an Even Start program are—
‘‘(1) a parent or parents—
‘‘(A) who are eligible for participation in
an adult basic education program under the
Adult Education Act; or
‘‘(B) who are within the State’s compul-
sory school attendance age range, so long as a
local educational agency provides (or ensures
the availability of) the basic education compo-
nent required under this part; and
‘‘(2) the child or children, from birth through
age seven, of any parent described in paragraph (1).
‘‘(b) ELIGIBILITY
FOR CERTAIN OTHER PARTICI-
PANTS.—(1) Family members other than those described
in subsection (a) may participate in program activities and
services, when deemed by the program to serve the pur-
pose of this part.
‘‘(2) Any family participating in a program under
this part that becomes ineligible for such participation as
a result of one or more members of the family becoming
ineligible for such participation may continue to partici-
143
pate in the program until all members of the family be-
come ineligible for participation, which—
‘‘(A) in the case of a family in which ineligibil-
ity was due to the child or children of such family
attaining the age of eight, shall be in two years or
when the parent or parents become ineligible due to
educational advancement, whichever occurs first; and
‘‘(B) in the case of a family in which ineligibil-
ity was due to the educational advancement of the
parent or parents of such family, shall be when all
children in the family attain the age of eight.
‘‘SEC. 1207. APPLICATIONS.
‘‘(a) SUBMISSION.—To be eligible to receive a
subgrant under this part, an eligible entity shall submit
an application to the State educational agency in such
form and containing or accompanied by such information
as the State educational agency shall require.
‘‘(b) REQUIRED DOCUMENTATION.—Each applica-
tion shall include documentation, satisfactory to the State
educational agency, that the eligible entity has the quali-
fied personnel needed—
‘‘(1) to develop, administer, and implement an
Even Start program under this part; and
144
‘‘(2) to provide access to the special training
necessary to prepare staff for the program, which
may be offered by an eligible organization.
‘‘(c) PLAN.—Such application shall also include a
plan of operation for the program which shall include—
‘‘(1) a description of the program goals;
‘‘(2) a description of the activities and services
that will be provided under the program, including
a description of how the program will incorporate
the program elements required by section 1205;
‘‘(3) a description of the population to be
served and an estimate of the number of partici-
pants;
‘‘(4) as appropriate, a description of the appli-
cant’s collaborative efforts with institutions of higher
education, community-based organizations, the State
educational agency, private elementary schools, or
other eligible organizations in carrying out the pro-
gram for which assistance is sought;
‘‘(5) a statement of the methods that will be
used—
‘‘(A) to ensure that the programs will serve
families most in need of the activities and serv-
ices provided by this part;
145
‘‘(B) to provide services under this part to
individuals with special needs, such as individ-
uals with limited English proficiency and indi-
viduals with disabilities; and
‘‘(C) to encourage participants to remain
in the program for a time sufficient to meet the
program’s purpose; and
‘‘(6) a description of how the plan—
‘‘(A)(i) is consistent with and promotes the
goals of the State and local plans, either ap-
proved or being developed, under title III of the
Goals 2000: Educate America Act; and
‘‘(ii) is consistent with the State and local
plans under sections 1111 and 1112; or
‘‘(B) is consistent with the State and local
plans under sections 1111 and 1112 is the
State does not have an approved plan under
title III of the Goals 2000: Educate America
Act and is not developing such a plan.
‘‘(d) The plan described in subsection (c)(6) may be
submitted as part of a consolidated application under sec-
tion 9302.
146
‘‘SEC. 1208. AWARD OF SUBGRANTS.
‘‘(a) SELECTION PROCESS.—(1) The State edu-
cational agency shall establish a review panel that will ap-
prove applications that—
‘‘(A) are most likely to be successful in meeting
the purpose of this part, and in effectively imple-
menting the program elements required under sec-
tion 1205;
‘‘(B) demonstrate that the area to be served by
such program has a high percentage or a large num-
ber of children and families who are in need of such
services as indicated by high levels of poverty, illit-
eracy, unemployment, or limited English proficiency;
‘‘(C) provide services for at least a three-year
age range, which may begin at birth;
‘‘(D) demonstrate the greatest possible coopera-
tion and coordination between a variety of relevant
service providers in all phases of the program;
‘‘(E) include cost-effective budgets, given the
scope of the application;
‘‘(F) demonstrate the applicant’s ability to pro-
vide the additional funding required by section
1204(b);
‘‘(G) are representative of urban and rural re-
gions of the State; and
147
‘‘(H) show the greatest promise for providing
models that may be adopted by other local edu-
cational agencies.
‘‘(2) The State educational agency shall give priority
for subgrants under this subsection to proposals that ei-
ther—
‘‘(A) target services primarily to families de-
scribed in paragraph (1)(B); or
‘‘(B) are located in areas designated as
empowerment zones or enterprise communities.
‘‘(b) REVIEW PANEL.—A review panel shall consist
of at least three members, including one early childhood
professional, one adult education professional, and one or
more of the following individuals:
‘‘(1) A representative of a parent-child edu-
cation organization.
‘‘(2) A representative of a community-based lit-
eracy organization.
‘‘(3) A member of a local board of education.
‘‘(4) A representative of business and industry
with a commitment to education.
‘‘(5) An individual who has been involved in the
implementation of programs under this title in the
State.
148
‘‘(c) DURATION.—(1) Subgrants may be awarded for
a period not to exceed four years.
‘‘(2) The State educational agency may provide a
subgrantee, at the subgrantee’s request, a 3- to 6-month
start-up period during the first year of the four-year pe-
riod, which may include staff recruitment and training,
and the coordination of services, before requiring full im-
plementation of the program.
‘‘(3)(A) In reviewing any application for a subgrant
to continue a program for the second, third, or fourth
year, the State educational agency shall review the
progress being made toward meeting the objectives of the
program after the conclusion of the start-up period, if any.
‘‘(B) The State educational agency may refuse to
award a subgrant if such agency finds that sufficient
progress has not been made toward meeting such objec-
tives, but only after affording the applicant notice and an
opportunity for a hearing.
‘‘(4)(A) An eligible entity that has previously received
a subgrant under this part may reapply under the terms
of this part for a second project period.
‘‘(B) During the second project period, the Federal
share of the subgrant shall not exceed 50 percent in any
year.
149
‘‘SEC. 1209. EVALUATION.
‘‘From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs under this part—
‘‘(1) to determine the performance and effec-
tiveness of programs; and
‘‘(2) to identify effective Even Start projects
that can be replicated and used in providing tech-
nical assistance to national, State, and local pro-
grams.
‘‘PART C—EDUCATION OF MIGRATORY CHILDREN
‘‘SEC. 1301. PROGRAM PURPOSE.
‘‘It is the purpose of this part to assist States to—
‘‘(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other prob-
lems that result from repeated moves;
‘‘(2) ensure that migratory children are pro-
vided with appropriate educational services (includ-
ing supportive services) that address their special
needs in a coordinated and efficient manner;
‘‘(3) ensure that migratory children have the
opportunity to meet the same challenging perform-
ance standards that all children are expected to
meet;
150
‘‘(4) design programs to help migratory chil-
dren overcome educational disruption, cultural and
language barriers, social isolation, various health-re-
lated problems, and other factors that inhibit their
ability to do well in school, and to prepare these chil-
dren to make a successful transition to postsecond-
ary education or employment; and
‘‘(5) ensure that migratory children benefit
from State and local systemic reforms.
‘‘SEC. 1302. PROGRAM AUTHORIZED.
‘‘In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies,
or combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
‘‘SEC. 1303. STATE ALLOCATIONS.
‘‘(a) STATE ALLOCATIONS.—Each State (other than
the Commonwealth of Puerto Rico) is entitled to receive
under this part, for each fiscal year, an amount equal to—
‘‘(1) the sum of the estimated number of migra-
tory 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 State part time,
151
as determined in accordance with subsection (e);
multiplied by
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than
32 percent, or more than 48 percent, of the average
expenditure per pupil in the United States.
‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal
year, the amount for which the Commonwealth of Puerto
Rico is eligible under this section shall be equal to—
‘‘(1) the number of migratory children in Puer-
to Rico, determined under subsection (a)(1); multi-
plied by
‘‘(2) the product of—
‘‘(A) the percentage that the average ex-
penditure per pupil in Puerto Rico is of the low-
est average per-pupil expenditure of any of the
50 States; and
‘‘(B) 32 percent of the average expenditure
per pupil in the United States.
‘‘(c) RATABLE
REDUCTIONS; REALLOCATIONS.—
(1)(A) If, after the Secretary reserves funds under section
1308(c), the amount appropriated to carry out this part
for any fiscal year is insufficient to pay in full the amounts
152
for which all States are eligible, the Secretary shall ratably
reduce each such amount.
‘‘(B) If additional funds become available for making
such payments for any fiscal year, the Secretary shall allo-
cate such funds to States in amounts that the Secretary
finds would best carry out the purpose of this part.
‘‘(2)(A) The Secretary shall further reduce the
amount of any grant to a State under this part for any
fiscal year if the Secretary determines, based on available
information on the numbers and needs of migratory chil-
dren in the State and the program proposed by the State
to address such needs, that such amount exceeds the
amount required under section 1304.
‘‘(B) The Secretary shall reallocate such excess funds
to other States whose grants under this part would other-
wise be insufficient to provide an appropriate level of serv-
ices to migratory children, in such amounts as the Sec-
retary determines are appropriate.
‘‘(d) CONSORTIUM ARRANGEMENTS.—(1) In the case
of a State that receives a grant of $1,000,000 or less
under this section, the Secretary shall consult with the
State educational agency to determine whether consortium
arrangements with another State or other appropriate en-
tity would result in delivery of services in a more effective
and efficient manner.
153
‘‘(2) A State, irrespective of the amount of its alloca-
tion, may propose a consortium arrangement.
‘‘(3) The Secretary shall approve a consortium ar-
rangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will—
‘‘(A) reduce administrative costs or program
function costs for State programs; and
‘‘(B) make more funds available for direct serv-
ices to add substantially to the welfare or edu-
cational attainment of children to be served under
this part.
‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL-
DREN.—In order to determine the estimated number of
migratory children residing in each State for purposes of
this section, the Secretary shall—
‘‘(1) use such information as the Secretary
finds most accurately reflects the actual number of
migratory children;
‘‘(2) as soon as feasible develop and implement
a procedure for more accurately reflecting cost fac-
tors for different types of summer program designs
which will be used to adjust the estimated number
of children who reside in a State in order to reflect
the number of migratory children who are served in
summer programs (which may include intersession
154
programs) in the State and the additional costs of
operating such programs; and
‘‘(3) conduct an analysis of the options for ad-
justing the formula so as to better direct services to
the child whose education has been interrupted.
‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.
‘‘(a) APPLICATION REQUIRED.—Any State wishing to
receive a grant under this part for any fiscal year shall
submit an application to the Secretary at such time and
in such manner as the Secretary may require.
‘‘(b) PROGRAM INFORMATION.—Each such applica-
tion shall include—
‘‘(1) a description of how, in planning, imple-
menting, and evaluating programs and projects
under this part, the State and its operating agencies
will ensure that the special educational needs of mi-
gratory children are identified and addressed
through a comprehensive plan for needs assessment
and service delivery that meets the requirements of
section 1306, including, when feasible, recording the
migratory status of such children and their average
daily attendance on State student collection data;
‘‘(2) a description of the steps the State is tak-
ing to provide migratory students with the oppor-
155
tunity to meet the same challenging performance
standards that all children are expected to meet;
‘‘(3) a description of how the State will use its
funds to promote interstate and intrastate coordina-
tion of services for migratory children, including
how, consistent with procedures the Secretary may
require, it will provide for educational continuity
through the timely transfer of pertinent school
records, including information on health, when chil-
dren move from one school to another, whether or
not during the regular school year;
‘‘(4) a description of the State’s priorities for
the use of funds received under this part, and how
they relate to the State’s assessment of needs for
services in the State;
‘‘(5) a description of how the State will deter-
mine the amount of any subgrants it will award to
local operating agencies, taking into account the re-
quirements of paragraph (1); and
‘‘(6) such budgetary and other information as
the Secretary may require.
‘‘(c) ASSURANCES.—Each such application shall also
include assurances, satisfactory to the Secretary, that—
‘‘(1) funds received under this part will be used
only—
156
‘‘(A) for programs and projects, including
the acquisition of equipment, in accordance
with section 1306(b)(1); and
‘‘(B) to coordinate such programs and
projects with similar programs and projects
within the State and in other States, as well as
with other Federal programs that can benefit
migratory children and their families;
‘‘(2) such programs and projects will be carried
out in a manner consistent with the objectives of
sections 1114, 1115(b) and (d), 1120, and 1121(b)
and (c), and part F of this title;
‘‘(3) in the planning and operation of programs
and projects at both the State and local operating
agency level, there is appropriate consultation with
parent advisory councils for programs lasting a
school year, and that all such programs and projects
are carried out, to the extent feasible, in a manner
consistent with section 1118 of this title;
‘‘(4) in planning and carrying out such pro-
grams and projects, there has been, and will be, ade-
quate provision for addressing the unmet education
needs of preschool migratory children;
‘‘(5) the effectiveness of such programs and
projects will be determined, where feasible, using the
157
same approaches and standards that will be used to
assess the performance of students, schools, and
local educational agencies under part A of this title;
and
‘‘(6) the State will assist the Secretary in deter-
mining the number of migratory children under sec-
tion 1303(e), through such procedures as the Sec-
retary may require.
‘‘(d) PRIORITY FOR SERVICES.—In providing services
with funds received under this part, each recipient of such
funds shall give priority to migratory children who are fail-
ing, or most at risk of failing, to meet the State’s challeng-
ing performance standards, and whose education has been
interrupted during the regular school year.
‘‘(e) CONTINUATION OF SERVICES.—Notwithstand-
ing any other provision of this part—
‘‘(1) a child who ceases to be a migratory child
during a school term shall be eligible for services
until the end of such term;
‘‘(2) a child who is no longer a migratory child
may continue to receive services for one additional
school year, but only if comparable services are not
available through other programs; and
‘‘(3) secondary school students who were eligi-
ble for services in secondary school may continue to
158
be served through credit accrual programs until
graduation.
‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall
approve each State application that meets the require-
ments of this part.
‘‘(b) PEER REVIEW.—The Secretary may review any
such application with the assistance and advice of State
officials and other individuals with relevant expertise.
‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND
SERVICE-DELIVERY PLAN; AUTHORIZED AC-
TIVITIES.
‘‘(a) COMPREHENSIVE PLAN.—Each State that re-
ceives a grant under this part shall ensure that the State
and its local operating agencies identify and address the
special educational needs of migratory children in accord-
ance with a comprehensive State plan that—
‘‘(1)(A) is integrated with the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act and satisfies
the requirements of this section that are not already
addressed by such State plan; and
‘‘(B) is integrated with other State plans, if
any, under the School-To-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and Ap-
159
plied Technology Act to the extent that such plans
have not already been incorporated in the State’s
plan under title III of the Goals 2000: Educate
America Act;
‘‘(2) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan—
‘‘(A) is integrated with other State plans,
such as those under the School-To-Work Op-
portunities Act of 1993 and the Carl D. Per-
kins Vocational and Applied Technology Act,
where such plans exist; and
‘‘(B) satisfies the requirements of this
section;
‘‘(3) may be submitted as a part of a consoli-
dated application under section 9302;
‘‘(4) provides that migratory children will have
an opportunity to meet the same challenging per-
formance standards, set out in those plans, that all
children are expected to meet;
‘‘(5) specifies measurable program goals and
outcomes;
‘‘(6) encompasses the full range of services that
are available for migratory children from appropriate
local, State and Federal educational programs;
160
‘‘(7) is the product of joint planning among
such local, State, and Federal programs, including
those under part A of this title, early childhood pro-
grams, and bilingual education programs under title
VII of this Act;
‘‘(8) provides for the integration of services
available under this part with services provided by
such other programs; and
‘‘(9) to the extent feasible, provides for—
‘‘(A) advocacy and outreach activities for
migratory children and their families, including
informing them of, or helping them gain access
to, other education, health, nutrition, and social
services;
‘‘(B) professional development programs,
including mentoring, for teachers and other
program personnel;
‘‘(C) parent involvement programs (as de-
fined under section 1118) and, when feasible,
the establishment of instructional programs
such as use of the model developed under the
Even Start Family Literacy Programs that pro-
mote adult literacy and train parents to support
the educational growth of their children;
161
‘‘(D) the integration of communication and
information technology into educational and re-
lated programs; and
‘‘(E) programs to facilitate the transition
of high school students to postsecondary edu-
cation or employment.
A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved
plan under title III of the Goals 2000: Educate America
Act.
‘‘(b) AUTHORIZED ACTIVITIES.—(1) In implementing
the comprehensive plan described in subsection (a), each
local operating agency shall have the flexibility to deter-
mine the activities to be provided with funds made avail-
able under this part, provided that—
‘‘(A) before funds provided under this part are
used to provide services described in subparagraph
(B), those funds shall be used to meet the identified
needs of migratory children that—
‘‘(i) result from the effects of their migra-
tory lifestyle, or are needed to permit migratory
children to participate effectively in school; and
‘‘(ii) are not addressed by services provided
under other programs, including part A of this
title; and
162
‘‘(B) all migratory children who are eligible to
receive services under part A of this title shall re-
ceive such services with funds provided under this
part or under part A of this title.
‘‘(2) This subsection shall not apply to funds under
this part that are used for schoolwide programs under sec-
tion 1114 of this title.
‘‘SEC. 1307. BYPASS.
‘‘The Secretary may use all or part of any State’s
allocation under this part to make arrangements with any
public or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines
that—
‘‘(1) the State is unable or unwilling to conduct
educational programs for migratory children;
‘‘(2) such arrangements would result in more
efficient and economic administration of such pro-
grams; or
‘‘(3) such arrangements would add substantially
to the welfare or educational attainment of such
children.
‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION AC-
TIVITIES.
‘‘(a) IMPROVEMENT OF COORDINATION.—The Sec-
retary, in consultation with the States, may make grants
163
to, or enter into contracts with, State educational agen-
cies, local educational agencies, institutions of higher edu-
cation, and other public and private nonprofit entities to
improve the interstate and intrastate coordination among
State and local educational agencies of their educational
programs, including the establishment or improvement of
programs for credit accrual and exchange, available to mi-
gratory students. Grants under this subpart may be made
for up to 5 years.
‘‘(b) ASSISTANCE AND REPORTING.—(1) Within 60
days of enactment, the Secretary shall convene a panel of
Chief State School Officers and technical experts to assess
alternative methods by which student records may be
transferred from one school to another. Within 150 days
of having been convened, the panel shall make rec-
ommendations to the Secretary on how schools may adopt
the most cost-effective means of exchanging of school
records. The Secretary shall also develop the most cost-
effective and accurate method of determining the number
of students or full-time equivalent students in each State
on a yearly basis. The Secretary shall report to the Com-
mittee on Education and Labor of the House of Rep-
resentatives and the Committee on Labor and Human Re-
sources of the Senate the panel’s findings and the Sec-
retary’s recommendations.
164
‘‘(2) The Secretary may contract for services for pur-
poses of this section.
‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of
carrying out this section, the Secretary shall reserve up
to $6,000,000 from the amount appropriated under sec-
tion 1002(3) for each fiscal year to carry out this part.
‘‘(d) COMPETITIVE GRANTS.—From the amounts
made available for this section, the Secretary shall reserve
not more than $1,500,000 to award, on a competitive
basis, grants in the amount of up to $100,000 each to
State educational agencies with consortium agreements
described under section 1303(d). Not less than 10 of such
grants shall be awarded to States which receive allocations
of less than $1,000,000 if such States have approved
agreements.
‘‘SEC. 1309. DISTANCE LEARNING.
‘‘(a) PROGRAM.—The Secretary may establish a dis-
tance learning program to provide, through competitive
grants, continuity in the education of migrant children
using technology, interactive learning, computers, and
automated technology links achieved with modems and
telephone networks.
‘‘(b) FUNDS.—Not more than $3,000,000 may be
used to establish the program under subsection (a).
165
‘‘SEC. 1310. DEFINITIONS.
‘‘As used in this part, the following terms have the
following meanings:
‘‘(1) The term ‘local operating agency’ means—
‘‘(A) a local educational agency to which a
State educational agency makes a subgrant
under this part;
‘‘(B) a public or nonprofit private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
‘‘(C) a State educational agency, if the
State educational agency operates the State’s
migrant education program or projects directly.
‘‘(2) The term ‘migratory child’ means—
‘‘(A) for fiscal year 1996 and subsequent
years, a child who is, or whose parent or spouse
is, a migratory agricultural worker (including a
migratory dairy worker) or a migratory fisher,
and who, in the preceding 24 months, in order
to obtain, or accompany such parent or spouse
in order to obtain, temporary or seasonal em-
ployment in agricultural or fishing work—
‘‘(i) has moved from one local edu-
cational agency to another; or
166
‘‘(ii) in a State that is comprised of a
single local educational agency, has moved
from one administrative area to another
within such agency; or
‘‘(B) for fiscal year 1995 only, a child ful-
filling the requirements of subparagraph (A) for
a period of 36 months instead of for 24
months.
‘‘PART 
D—PREVENTION 
AND 
INTERVENTION
SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
‘‘SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
‘‘(a) FINDINGS.—Congress finds the following:
‘‘(1) A large percentage of youth in the juvenile
justice system have poor academic achievement, are
a year or more behind grade level, and have dropped
out of school.
‘‘(2) There is a strong correlation between aca-
demic failure and involvement in delinquent activi-
ties.
‘‘(3) Preventing students from dropping out of
local schools and addressing the educational needs of
delinquent youth can help reduce the dropout rate
and involvement in delinquent activities at the same
time.
167
‘‘(4) Many schools and correctional facilities fail
to communicate regarding a youth’s academic needs
and students often return to their home school ill-
prepared to meet current curriculum requirements.
‘‘(5) Schools are often reluctant to deal with
youth returning from facilities and receive no funds
to deal with the unique educational and other needs
of such youth.
‘‘(6) A continuing need exists for activities and
programs to reduce the incidence of youth dropping
out of school.
‘‘(7) Federal dropout prevention programs have
demonstrated effectiveness in keeping children and
youth in school.
‘‘(8) Pregnant and parenting teens are a high
at-risk group for dropping out of school and should
be targeted by dropout prevention programs.
‘‘(9) Such youth need a strong dropout preven-
tion program which provides them with high level
skills and which provides supports to youth return-
ing from correctional facilities in order to keep them
in school.
‘‘(b) PURPOSE.—It is the purpose of this part—
‘‘(1) to improve educational services to children
in local and State institutions for delinquent children
168
so that they have the opportunity to meet the same
challenging State performance standards that all
children in the State will be expected to meet;
‘‘(2) to provide such children the services they
need to make a successful transition from institu-
tionalization to further schooling or employment;
and
‘‘(3) to prevent at-risk youth from dropping out
of school and to provide dropouts and youth return-
ing from institutions with a support system to en-
sure their continued education.
‘‘(c) PROGRAM AUTHORIZED.—In order to carry out
the purpose of this part, the Secretary shall make grants
to State educational agencies, which shall make subgrants
to State agencies and local educational agencies to estab-
lish or improve programs of education for delinquent chil-
dren and youth at risk of dropping out of school before
graduation.
‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
‘‘(a) AGENCY SUBGRANTS.—Based on the allocation
amount computed under section 1403, the Secretary shall
allocate to each State educational agency amounts nec-
essary to make subgrants to State agencies.
‘‘(b) LOCAL SUBGRANTS.—Each State shall retain,
for purposes of subpart 2, funds generated throughout the
169
State under part A based on youth residing in local correc-
tional facilities, or attending community day programs for
delinquent children.
‘‘(c) USE OF REMAINING FUNDS.—Each State shall
use any funds remaining after allocations are made under
subsection (a).
‘‘Subpart 1—State Agency Programs
‘‘SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
‘‘(a) STATE ALLOCATION.—Each State educational
agency is eligible to receive under this part, for each fiscal
year, an amount equal to the product of—
‘‘(1) the number of delinquent children in State
correctional facilities serving youth under the age of
21 who are enrolled for at least 20 hours per week
in education programs operated or supported by fa-
cilities serving youth, and 10 hours a week in adult
facilities serving youth.
‘‘(2) 40 percent of the average per-pupil ex-
penditure in the State, except that the amount de-
termined under this paragraph shall not be less than
32 percent or more than 48 percent of the average
per-pupil expenditure in the United States.
‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO
RICO.—For each fiscal year, the amount of the grant for
170
which a State agency in the Commonwealth of Puerto Rico
is eligible under this part shall be equal to—
‘‘(1) the number of children counted under sub-
section (a)(1) for Puerto Rico; multiplied by the
product of—
‘‘(A) the percentage that the average per-
pupil expenditure in Puerto Rico is of the low-
est average per-pupil expenditure of any of the
50 States; and
‘‘(B) 32 percent of the average per-pupil
expenditure in the United States.
‘‘SEC. 1404. STATE PLAN.
‘‘(a) STATE PLAN.—(1)(A) Each State educational
agency that desires to receive payments under this part
shall submit, for approval by the Secretary, a plan, which
shall be revised and updated as needed, for meeting the
needs of delinquent youth and children at risk of dropping
out that—
‘‘(i) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by such State plan; or
‘‘(ii) if the State does not have an approved
plan under title III of the Goals 2000: Educate
171
America Act or is not developing such a plan, is in-
tegrated with other State plans under this Act and
satisfies the requirements of this section.
‘‘(B) A State plan submitted under paragraph
(1)(A)(i) may, if necessary, be submitted as an amend-
ment to the State’s plan under title III of the Goals 2000:
Educate America Act.
‘‘(2) Each such plan shall also—
‘‘(A) describe the State-established program
goals, objectives, and performance measures that will
be used to assess the effectiveness of the program in
improving academic and vocational skills of children
in the program;
‘‘(B) provide that, to the extent feasible, such
children will have the same opportunities to learn as
they would have if they were in schools of local edu-
cational agencies in the State;
‘‘(C) describe the manner in which such State
educational agency will make subgrants; and
‘‘(D) contain assurances that the State edu-
cational agency will—
‘‘(i) ensure that programs assisted under
this part will be carried out in accordance with
the State plan described in this subsection;
172
‘‘(ii) carry out the evaluation requirements
of section 1408;
‘‘(iii) ensure that its State agencies comply
with all applicable statutory and regulatory re-
quirements; and
‘‘(iv) provide such other information as the
Secretary may reasonably require.
‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—(1)
The Secretary shall approve each State plan that meets
the requirements of this part.
‘‘(2) The Secretary may review any such plan with
the assistance and advice of individuals with relevant
expertise.
‘‘(c) SUBGRANTS
TO STATE AGENCIES.—A State
agency is eligible for assistance under this part if it is re-
sponsible for providing free public education for children
in institutions for delinquent children.
‘‘(d) STATE
AGENCY
APPLICATIONS.—A State
agency that desires to receive funds to carry out a pro-
gram 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 part A of this title,
to assess the educational needs of the children to be
served;
173
‘‘(2) provides assurances that in making serv-
ices available to youth in adult correctional facilities,
priority 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 up-
dates to be provided;
‘‘(4) describes how the program will meet the
goals and objectives of the State plan under this
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
operation of institution-wide projects under section
1406 are of high quality;
‘‘(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the
results of the most recent evaluation are used to
plan and improve the program;
‘‘(7) includes data showing that the agency has
maintained fiscal effort required of a local edu-
cational agency, in accordance with section 9501 of
this title;
‘‘(8) describes how the programs will be coordi-
nated with other appropriate State and Federal pro-
174
grams, including the Job Training Partnership Act,
vocational education, State and local dropout preven-
tion programs, and special education;
‘‘(9) describes how appropriate professional de-
velopment will be provided to teachers and other in-
structional and administrative personnel;
‘‘(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally
operated programs;
‘‘(11) describes how the agency will, endeavor
to coordinate with businesses for training and
mentoring for participating youth;
‘‘(12) describes how the agency will assist in lo-
cating alternative programs through which students
can continue their education if they are not return-
ing to school after leaving the correctional facility;
‘‘(13) describes how the agency will work with
parents to secure their assistance in improving the
educational achievement of their children and pre-
venting their further involvement in delinquent
activities;
‘‘(14) describes how the agency works with spe-
cial education youth in order to meet an existing in-
dividualized education program and an assurance
175
that the agency will notify the youth’s local school
if such youth is identified as in need of special edu-
cation services while the youth is in the facility and
if the youth intends to return to the local school;
‘‘(15) describes how the agency will work with
youth who dropped out of school before entering the
facility to encourage such youth to reenter school
once their term has been completed or provide the
youth with the skills necessary to gain employment,
continue their education, or achieve a high school
equivalency certificate if the youth does not intend
to return to school;
‘‘(16) 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;
‘‘(17) describes any additional services provided
to youth, including career counseling, assistance in
securing student loans, grants; and
‘‘(18) describes how this program will be coordi-
nated with any programs operated under the Juve-
nile Justice and Delinquency Act, if applicable.
176
‘‘SEC. 1405. USE OF FUNDS.
‘‘(a) GENERAL.—(1) A State agency shall use funds
received under this part only for programs and projects
that—
‘‘(A) are consistent with the State plan referred
to in section 1404(a); and
‘‘(B) concentrate on providing participants with
the knowledge and skills needed to make a success-
ful transition to high school completion, further edu-
cation, or employment.
‘‘(2) Such programs and projects—
‘‘(A) may include the acquisition of equipment;
‘‘(B) shall be designed to support educational
services that—
‘‘(i) except for institution-wide projects
under section 1406, are provided to children
identified by the State agency as failing, or
most at risk of failing, to meet the State’s chal-
lenging performance standards;
‘‘(ii) supplement and improve the quality
of the educational services provided to such
children by the State agency; and
‘‘(iii) afford such children an opportunity
to learn to such challenging State standards;
‘‘(C) shall be carried out in a manner consistent
with section 1119(b) and part F of this title; and
177
‘‘(D) may include the costs of meeting the eval-
uation requirements of section 1408.
‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program
under this part that supplements the number of hours of
instruction students receive from State and local sources
shall be considered to comply with the ‘supplement, not
supplant’ requirement of section 1119(b) of this title with-
out regard to the subject areas in which instruction is
given during those hours.
‘‘SEC. 1406. INSTITUTION-WIDE PROJECTS.
‘‘A State agency that provides free public education
for children in an institution for delinquent children may
use funds received under this part to serve all children
in, and upgrade the entire educational effort of, such insti-
tution or program if the State agency has developed, and
the State educational agency has approved, a comprehen-
sive plan for such institution or program that—
‘‘(1) provides for a comprehensive assessment
of the educational needs of all youth in the institu-
tion or program serving juveniles;
‘‘(2) provides for a comprehensive assessment
of the educational needs of youth aged 20 and
younger in adult facilities who are expected to com-
plete incarceration within a 2-year period;
178
‘‘(3) describes the steps the State agency has
taken, or will take, to provide all children under 21
with the opportunity to meet challenging academic
and vocational standards in order to improve the
likelihood that the students will complete high
school, attain high school equivalency, or find em-
ployment after leaving the institution;
‘‘(4) describes the instructional program, pupil
services, and procedures that will be used to meet
the needs described in paragraph (1), including, to
the extent feasible, the provision of mentors for sec-
ondary school students;
‘‘(5) specifically describes how such funds will
be used;
‘‘(6) describes the measures and procedures
that will be used to assess student progress;
‘‘(7) describes how the agency has planned, and
will implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions for delinquent children and
personnel from the State educational agency; and
‘‘(8) includes an assurance that the State agen-
cy has provided for appropriate training to teachers
179
and other instructional and administrative personnel
to enable them to carry out the project effectively.
‘‘SEC. 1407. THREE-YEAR PROJECTS.
‘‘If a State agency operates a program under this
part in which individual children are likely to participate
for more than one year, the State educational agency may
approve the State agency’s application for a subgrant
under this part for a period not to exceed 3 years.
‘‘SEC. 1408. TRANSITION SERVICES.
‘‘(a) TRANSITION SERVICES.—Each State agency
shall reserve not more than 10 percent of the amount it
receives under this part for any fiscal year to support
projects that facilitate the transition of children from
State-operated institutions to local educational agencies.
‘‘(b) CONDUCT OF PROJECTS.—A project supported
under this section may be conducted directly by the State
agency, or through a contract or other arrangement with
one or more local educational agencies, other public agen-
cies, or private nonprofit organizations.
‘‘(c) LIMITATION.—Any funds reserved under sub-
section (a) shall be used only to provide transitional edu-
cational services, which may include counseling and
mentoring, to delinquent children in schools other than
State-operated institutions.
180
‘‘Subpart 2—Local Agency Programs
‘‘SEC. 
1410. 
PROGRAMS 
OPERATED 
BY 
LOCAL 
EDU-
CATIONAL AGENCIES.
‘‘(a) LOCAL
SUBGRANTS.—With funds retained
under section 1402(2), the State educational agency shall
make subgrants to local educational agencies with—
‘‘(1) a high number or percentage of youth who
are residing in local (including county) correctional
facilities for youth (including those involved in day
programs); and
‘‘(2) which have the highest numbers or per-
centage of youth in the State which have dropped
out of school in the preceding fiscal year.
‘‘(b) NOTIFICATION.—A State educational agency
shall notify local educational agencies which meet the cri-
teria of subsection (a) of their eligibility for participation
in the program.
‘‘(c) PURPOSE
OF LOCAL EDUCATIONAL AGENCY
PROGRAMS.—The purpose of this section is the operation
of local educational agency programs which involve col-
laboration between local educational agencies and local
correctional facilities serving such youth to—
‘‘(1) continue transition activities for youth re-
turning from such facilities;
181
‘‘(2) to operate dropout prevention programs in
local schools for youth at risk of dropping out and
youth returning from correctional facilities; and
‘‘(3) to prepare youth who have finished their
period of incarceration for employment, high school
completion, and further education.
‘‘(d) 
LOCAL
EDUCATIONAL
AGENCY
APPLICA-
TIONS.—(1) Eligible local educational agencies which
choose to take part in programs funded under this section
shall submit an application to the State educational agen-
cy, containing such information on programs to be oper-
ated under this section as the State educational agency
may require, and which shall include—
‘‘(1) a description of formal agreements be-
tween the local educational agency and correctional
facilities and alternative school programs serving
youth involved with the juvenile justice system to op-
erate programs for delinquent youth;
‘‘(2) a description of how participating schools
will coordinate with facilities working with delin-
quent youth to ensure that such youth are partici-
pating in an education program comparable to one
operating in the local school such youth would
attend;