H. R. 1804—49
(i) a local educational agency or consortium serving
a greater number or percentage of disadvantaged students
than the statewide average of such number or percentage;
(ii) a local educational agency or consortium that forms
partnerships with collegiate educators to establish profes-
sional development sites; and
(iii) a local educational agency or consortium that—
(I) focuses on upgrading teachers’ knowledge of
content areas; or
(II) targets preparation and continued professional
development of teachers of students with limited-Eng-
lish proficiency and students with disabilities.
(2) APPLICATION.—Each local educational agency or consor-
tium that desires to receive a subgrant under this subsection
shall submit an application to the State educational agency
which—
(A) describes how the applicant will use the subgrant
to improve teacher preservice and school administrator edu-
cation programs or to implement educator professional
development activities consistent with the State improve-
ment plan;
(B) identifies the criteria to be used by the applicant
to judge improvements in preservice education or the effects
of professional development activities consistent with the
State improvement plan; and
(C) contains any other information that the State edu-
cational agency determines is appropriate.
(3) REQUIRED ACTIVITIES.—A recipient of a subgrant under
this subsection shall use the subgrant funds for activities
supporting—
(A) the improvement of preservice teacher education
and school administrator programs so that such programs
equip educators with the subject matter and pedagogical
expertise necessary for preparing all students to meet
standards; or
(B) the development and implementation of new and
improved forms of continuing and sustained professional
development opportunities for teachers, principals, and
other educators at the school or district level that equip
educators with such expertise, and with other knowledge
and skills necessary for leading and participating in
continuous education improvement.
(4) PERMISSIVE ACTIVITIES.—A recipient of a subgrant under
this subsection may use the subgrant funds for costs related
to release time for teachers to participate in professional devel-
opment activities, which professional development shall include
related services personnel as appropriate.
(c) SPECIAL AWARD RULE.—
(1) IN
GENERAL.—Each State educational agency shall
award at least 50 percent of subgrant funds under subsection
(a) in each fiscal year to local educational agencies that have
a greater percentage or number of disadvantaged children than
the statewide average such percentage or number for all local
educational agencies in the State.
(2) WAIVER.—The State educational agency may waive the
requirement of paragraph (1) if such agency does not receive
H. R. 1804—50
a sufficient number of applications to comply with such require-
ment.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
(a) INFORMATION AND TRAINING.—Proportionate to the number
of children in a State or in a local educational agency who are
enrolled in private elementary or secondary schools—
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals, State content
standards or State student performance standards, curricular
materials, and State assessments shall, upon request, make
information related to such goals, standards, materials, and
assessments available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and administrator
training shall provide in the State improvement plan described
in section 306 for the training of teachers and administrators
in private schools located in the geographical area served by
such agency.
(b) WAIVER.—If, by reason of any provision of law, a State
or local educational agency is prohibited from providing for the
equitable participation of teachers and administrators from private
schools in training programs assisted with Federal funds provided
under this title, or if the Secretary determines that a State or
local educational agency has substantially failed or is unwilling
to provide for such participation, the Secretary shall waive such
requirements and shall arrange for the provision of training consist-
ent with State goals and State content standards for such teachers
and administrators. Such waivers shall be subject to consultation,
withholding, notice, and judicial review in accordance with section
1017 of the Elementary and Secondary Education Act of 1965.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-
MENTS.
(a) WAIVER AUTHORITY.—
(1) IN GENERAL.—Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement
applicable to any program or Act described in subsection (b)
for a State educational agency, local educational agency, or
school if—
(A) and only to the extent that, the Secretary deter-
mines that such requirement impedes the ability of the
State, or of a local educational agency or school in the
State, to carry out the State or local improvement plan;
(B) the State educational agency has waived, or agrees
to waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State edu-
cational agency—
(i) provides all local educational agencies and par-
ent organizations in the State with notice and an
opportunity to comment on the State educational agen-
cy’s proposal to seek a waiver; and
(ii) submits the local educational agencies’ com-
ments to the Secretary; and
(D) in the case of a local educational agency waiver,
the local educational agency provides parents, community
groups, and advocacy or civil rights groups with the oppor-
tunity to comment on the proposed waiver.
H. R. 1804—51
(2) APPLICATION.—(A)(i) To request a waiver under para-
graph (1), a local educational agency or school that receives
funds under this title, or a local educational agency or school
that does not receive funds under this title but is undertaking
school reform efforts that the Secretary determines are com-
parable to the activities described in section 306, shall transmit
an application for such a waiver to the State educational
agency. The State educational agency then shall submit
approved applications for waivers under paragraph (1) to the
Secretary.
(ii) A State educational agency that receives funds under
this title may request a waiver under paragraph (1) by submit-
ting an application for such waiver to the Secretary.
(B) Each application submitted to the Secretary under
subparagraph (A) shall—
(i) identify the statutory or regulatory requirements
that are requested to be waived and the goals that the
State educational agency or local educational agency or
school intends to achieve;
(ii) describe the action that the State educational
agency has undertaken to remove State statutory or regu-
latory barriers identified in the application of local edu-
cational agencies;
(iii) describe the goals of the waiver and the expected
programmatic outcomes if the request is granted;
(iv) describe the numbers and types of students to
be impacted by such waiver;
(v) describe a timetable for implementing a waiver;
and
(vi) describe the process the State educational agency
will use to monitor, on a biannual basis, the progress
in implementing a waiver.
(3) TIMELINESS.—The Secretary shall act promptly on a
request for a waiver under paragraph (1) and shall provide
a written statement of the reasons for granting or denying
such request.
(4) DURATION.—Each waiver under paragraph (1) shall be
for a period not to exceed 4 years. The Secretary may extend
such period if the Secretary determines that the waiver has
been effective in enabling the State or affected local educational
agencies to carry out reform plans.
(b) INCLUDED PROGRAMS.—The statutory or regulatory require-
ments subject to the waiver authority of this section are any such
requirements under the following programs or Acts:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, including Even Start.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act.
(4) The Emergency Immigrant Education Act of 1984.
(5) The Drug-Free Schools and Communities Act of 1986.
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) WAIVERS NOT AUTHORIZED.—The Secretary may not waive
any statutory or regulatory requirement of the programs or Acts
described in subsection (b)—
H. R. 1804—52
(1) relating to—
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students and profes-
sional staff in private schools;
(D) parental participation and involvement; and
(E) the distribution of funds to States or to local edu-
cational agencies; and
(2) unless the underlying purposes of the statutory require-
ments of each program or Act for which a waiver is granted
continue to be met to the satisfaction of the Secretary.
(d) TERMINATION OF WAIVERS.—The Secretary shall periodically
review the performance of any State, local educational agency,
or school for which the Secretary has granted a waiver under
subsection (a)(1) and shall terminate the waiver if the Secretary
determines that the performance of the State, the local educational
agency, or the school in the area affected by the waiver has been
inadequate to justify a continuation of the waiver.
(e) FLEXIBILITY DEMONSTRATION.—
(1) SHORT
TITLE.—This subsection may be cited as the
‘‘Education Flexibility Partnership Demonstration Act’’.
(2) PROGRAM AUTHORIZED.—
(A) IN GENERAL.—The Secretary may carry out an edu-
cation flexibility demonstration program under which the
Secretary authorizes not more than 6 State educational
agencies serving eligible States to waive statutory or regu-
latory requirements applicable to 1 or more programs or
Acts described in subsection (b), other than requirements
described in subsection (c), for the State educational agency
or any local educational agency or school within the State.
(B) AWARD RULE.—In carrying out subparagraph (A),
the Secretary shall select for participation in the dem-
onstration program described in subparagraph (A) three
State educational agencies serving eligible States that each
have a population of 3,500,000 or greater and three State
educational agencies serving eligible States that each have
a population of less than 3,500,000, determined in accord-
ance with the most recent decennial census of the popu-
lation performed by the Bureau of the Census.
(C) DESIGNATION.—Each eligible State participating in
the demonstration program described in subparagraph (A)
shall be known as an ‘‘Ed-Flex Partnership State’’.
(3) ELIGIBLE STATE.—For the purpose of this subsection
the term ‘‘eligible State’’ means a State that—
(A) has developed a State improvement plan under
section 306 that is approved by the Secretary; and
(B) waives State statutory or regulatory requirements
relating to education while holding local educational agen-
cies or schools within the State that are affected by such
waivers accountable for the performance of the students
who are affected by such waivers.
(4) STATE APPLICATION.—(A) Each State educational agency
desiring to participate in the education flexibility demonstration
program under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
Each such application shall demonstrate that the eligible State
H. R. 1804—53
has adopted an educational flexibility plan for the State that
includes—
(i) a description of the process the State educational
agency will use to evaluate applications from local edu-
cational agencies or schools requesting waivers of—
(I) Federal statutory or regulatory requirements
described in paragraph (2)(A); and
(II) State statutory or regulatory requirements
relating to education; and
(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the
State educational agency will waive.
(B) The Secretary may approve an application described
in subparagraph (A) only if the Secretary determines that such
application demonstrates substantial promise of assisting the
State educational agency and affected local educational agencies
and schools within such State in carrying out comprehensive
educational reform and otherwise meeting the purposes of this
Act, after considering—
(i) the comprehensiveness and quality of the edu-
cational flexibility plan described in subparagraph (A);
(ii) the ability of such plan to ensure accountability
for the activities and goals described in such plan;
(iii) the significance of the State statutory or regulatory
requirements relating to education that will be waived;
and
(iv) the quality of the State educational agency’s proc-
ess for approving applications for waivers of Federal statu-
tory or regulatory requirements described in paragraph
(2)(A) and for monitoring and evaluating the results of
such waivers.
(5) LOCAL APPLICATION.—(A) Each local educational agency
or school requesting a waiver of a Federal statutory or regu-
latory requirement described in paragraph (2)(A) and any rel-
evant State statutory or regulatory requirement from a State
educational agency shall submit an application to the State
educational agency at such time, in such manner, and contain-
ing such information as the State educational agency may
reasonably require. Each such application shall—
(i) indicate each Federal program affected and the
statutory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected results
of waiving each such requirement;
(iii) describe for each school year specific, measurable,
educational goals for each local educational agency or school
affected by the proposed waiver; and
(iv) explain why the waiver will assist the local edu-
cational agency or school in reaching such goals.
(B) A State educational agency shall evaluate an applica-
tion submitted under subparagraph (A) in accordance with
the State’s educational flexibility plan described in paragraph
(4)(A).
(C) A State educational agency shall not approve an
application for a waiver under this paragraph unless—
(i) the local educational agency or school requesting
such waiver has developed a local reform plan that is
applicable to such agency or school, respectively; and
H. R. 1804—54
(ii) the waiver of Federal statutory or regulatory
requirements described in paragraph (2)(A) will assist the
local educational agency or school in reaching its edu-
cational goals.
(6) MONITORING.—Each State educational agency partici-
pating in the demonstration program under this subsection
shall annually monitor the activities of local educational agen-
cies and schools receiving waivers under this subsection and
shall submit an annual report regarding such monitoring to
the Secretary.
(7) DURATION
OF
FEDERAL
WAIVERS.—(A) The Secretary
shall not approve the application of a State educational agency
under paragraph (4) for a period exceeding 5 years, except
that the Secretary may extend such period if the Secretary
determines that such agency’s authority to grant waivers has
been effective in enabling such State or affected local edu-
cational agencies or schools to carry out their local reform
plans.
(B) The Secretary shall periodically review the performance
of any State educational agency granting waivers of Federal
statutory or regulatory requirements described in paragraph
(2)(A) and shall terminate such agency’s authority to grant
such waivers if the Secretary determines, after notice and
opportunity for hearing, that such agency’s performance has
been inadequate to justify continuation of such authority.
(f) ACCOUNTABILITY.—In deciding whether to extend a request
for a waiver under subsection (a)(1), or a State educational agency’s
authority to issue waivers under subsection (e), the Secretary shall
review the progress of the State educational agency, local edu-
cational agency, or school affected by such waiver or authority
to determine if such agency or school has made progress toward
achieving the desired results described in the application submitted
pursuant to subsection (a)(2)(B)(iii) or (e)(5)(A)(ii).
(g) PUBLICATION.—A notice of the Secretary’s decision to grant
waivers under subsection (a)(1) and to authorize State educational
agencies to issue waivers under subsection (e) shall be published
in the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students, advocacy
and civil rights organizations, other interested parties, and the
public.
SEC. 312. PROGRESS REPORTS.
(a) STATE REPORTS TO THE SECRETARY.—Each State educational
agency that receives funds under this title shall annually report
to the Secretary regarding—
(1) progress in meeting State goals and plans;
(2) proposed State activities for the succeeding year; and
(3) in summary form, the progress of local educational
agencies in meeting local goals and plans and increasing stu-
dent learning.
(b) SECRETARY’S REPORTS TO CONGRESS.—By April 30, 1996,
and every 2 years thereafter, the Secretary shall submit a report
to the Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Labor and Human Resources
of the Senate describing—
H. R. 1804—55
(1) the activities assisted under, and outcomes of, grants
or contracts under section 220, including—
(A) a description of the purpose, uses, and technical
merit of assessments evaluated with funds awarded under
such paragraph; and
(B) an analysis of the impact of such assessments
on the performance of students, particularly students of
different racial, gender, ethnic, or language groups and
individuals with disabilities;
(2) the activities assisted under, and outcomes of, allot-
ments under this title; and
(3) the effect of waivers granted under section 311,
including—
(A) a listing of all State educational agencies, local
educational agencies and schools seeking and receiving
waivers;
(B) a summary of the State and Federal statutory
or regulatory requirements that have been waived, includ-
ing the number of waivers sought and granted under each
such statutory or regulatory requirement;
(C) a summary of waivers that have been terminated,
including a rationale for the terminations; and
(D) recommendations to the Congress regarding
changes in statutory or regulatory requirements, particu-
larly those actions that should be taken to overcome Fed-
eral statutory or regulatory impediments to education
reform.
SEC. 313. TECHNICAL AND OTHER ASSISTANCE REGARDING SCHOOL
FINANCE EQUITY.
(a) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—From funds reserved in each fiscal year
under section 304(a)(2)(A), the Secretary is authorized to make
grants to, and enter into contracts and cooperative agreements
with, State educational agencies and other public and private
agencies, institutions, and organizations to provide technical
assistance to State and local educational agencies to assist
such agencies in achieving a greater degree of equity in the
distribution of financial resources for education among local
educational agencies in the State.
(2) ACTIVITIES.—A grant, contract or cooperative agreement
under this section may support technical assistance activities,
such as—
(A) the establishment and operation of a center or
centers for the provision of technical assistance to State
and local educational agencies;
(B) the convening of conferences on equalization of
resources within local educational agencies, within States,
and among States; and
(C) obtaining advice from experts in the field of school
finance equalization.
(b) DATA.—Each State educational agency or local educational
agency receiving assistance under the Elementary and Secondary
Education Act of 1965 shall provide such data and information
on school finance as the Secretary may require to carry out this
section.
H. R. 1804—56
(c) MODELS.—The Secretary is authorized, directly or through
grants, contracts, or cooperative agreements, to develop and
disseminate models and materials useful to States in planning
and implementing revisions of the school finance systems of such
States.
SEC. 314. NATIONAL LEADERSHIP.
(a) TECHNICAL ASSISTANCE AND INTEGRATION OF STANDARDS.—
From funds reserved in each fiscal year under section 304(a)(2)(A),
the Secretary may, directly or through grants or contracts—
(1) provide technical assistance to States, local educational
agencies, and tribal agencies developing or implementing school
improvement plans, in a manner that ensures that such assist-
ance is broadly available;
(2) gather data on, conduct research on, and evaluate sys-
temic education improvement and how such improvement
affects student learning, including the programs assisted under
this title;
(3) disseminate research findings and other information
on outstanding examples of systemic education improvement
in States and local communities through existing dissemination
systems within the Department of Education, including through
publications, electronic and telecommunications mediums, con-
ferences, and other means;
(4) provide grants to tribal divisions of education for
coordination efforts between school reform plans developed for
schools funded by the Bureau and public schools described
in section 306(g)(2), including tribal activities in support of
such plans;
(5) support national demonstration projects that unite local
and State educational agencies, institutions of higher education,
government, business, and labor in collaborative arrangements
in order to make educational improvements systemwide; and
(6) support model projects to integrate multiple content
standards, if—
(A) such standards are certified by the National Edu-
cation Standards and Improvement Council and approved
by the National Goals Panel for different subject areas,
in order to provide balanced and coherent instructional
programs for all students; and
(B) such projects are appropriate for a wide range
of diverse circumstances, localities (including both urban
and rural communities), and populations.
(b) RESERVATION OF FUNDS.—
(1) IN GENERAL.—The Secretary shall use at least 50 per-
cent of the funds reserved each year under section 304(a)(2)(A)
to make grants, in accordance with the provisions of section
309(a) that the Secretary determines appropriate, and provide
technical and other assistance to urban and rural local edu-
cational agencies with large numbers or concentrations of stu-
dents who are economically disadvantaged or who have limited
English proficiency, to assist such agencies in developing and
implementing local school improvement plans, except that any
school that received funds under section 309(a) shall not receive
assistance pursuant to this paragraph other than technical
assistance.
H. R. 1804—57
(2) SURVEY.—The Secretary shall use not less than
$1,000,000 of the funds reserved for fiscal year 1994 under
section 304(a)(2)(A) to replicate coordinated services programs
that have been found to be successful in helping students
and families and improving student outcomes, and shall
disseminate information about such programs to schools that
plan to develop coordinated services programs.
(c) ADMINISTRATION.—Any activities assisted under this section
that involve research shall be administered through the Office
of Educational Research and Improvement.
SEC. 315. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SEC-
RETARY OF THE INTERIOR.
(a) OUTLYING AREAS.—
(1) IN GENERAL.—Funds reserved for outlying areas under
section 304(a)(1)(A) shall be distributed among such areas by
the Secretary according to relative need of such areas.
(2) INAPPLICABILITY OF PUBLIC LAW 95–134.—The provisions
of Public Law 95–134, permitting the consolidation of grants
to the insular areas, shall not apply to funds received by
such areas under this title.
(b) SECRETARY OF THE INTERIOR.—
(1) IN
GENERAL.—The funds reserved for the Secretary
of the Interior under section 304(a)(1)(B) shall be made in
a payment which shall be pursuant to an agreement between
the Secretary and the Secretary of the Interior containing such
assurances and terms as the Secretary determines shall best
achieve the provisions of this section and this Act. The agree-
ment shall, at a minimum, contain assurances that—
(A) a panel, as set forth in paragraph (4) of this sub-
section, shall be established;
(B) a reform and improvement plan, designed to
increase student learning and assist students in meeting
the National Education Goals, meeting the requirements
pertaining to State improvement plans required in section
306 and providing for the fundamental restructuring and
improvement of elementary and secondary education in
schools funded by the Bureau, shall be developed by such
panel; and
(C) the provisions and activities required under such
State improvement plans, including the requirements for
timetables for opportunity-to-learn standards, shall be car-
ried out in the same time frames and under the same
conditions stipulated for the States in sections 305 and
306, provided that for these purposes, the term ‘‘local edu-
cational agencies’’ shall be interpreted to mean ‘‘schools
funded by the Bureau’’.
(2) VOLUNTARY SUBMISSION.—The provisions applicable to
the States in section 213 of this Act shall apply to the Bureau
plan with regard to voluntary submission of standards and
assessments to the National Education Standards and Improve-
ment Council for review and certification.
(3) PLAN SPECIFICS.—The reform and improvement plan
shall include, in addition to the requirements described above,
specific provisions for—
(A) opportunity to learn standards pertaining to resi-
dential programs and transportation costs associated with
H. R. 1804—58
programs located on or near reservations or serving stu-
dents in off-reservation residential boarding schools;
(B) review and incorporation of the National Education
Goals and the voluntary national content standards, vol-
untary natural student performance standards, and vol-
untary natural opportunity-to-learn standards developed
under part B of title II of this Act, provided that such
review shall include the issues of cultural and language
differences; and
(C) provision for coordination of the efforts of the
Bureau with the efforts for school improvement of the
States and local educational agencies in which the schools
funded by the Bureau are located, including the develop-
ment of the partnerships outlined in section 306(g)(2) of
the Act.
(4) PANEL.—(A) To carry out the provisions of this section,
and to develop the plan for system-wide reform and improve-
ment required under the agreement required under paragraph
(1), the Secretary of the Interior shall establish a panel coordi-
nated by the Assistant Secretary of the Interior for Indian
Affairs. Such panel shall consist of—
(i) the Director of the Office of Indian Education Pro-
grams of the Bureau and two heads of other divisions
of such Bureau as the Assistant Secretary shall designate;
(ii) a designee of the Secretary of Education; and
(iii) a representative nominated by each of the follow-
ing:
(I) The organization representing the majority of
teachers and professional personnel in schools operated
by the Bureau.
(II) The organization representing the majority of
nonteaching personnel in schools operated by the
Bureau, if not the same organization as in subclause
(I).
(III) School administrators of schools operated by
the Bureau.
(IV) Education line officers located in Bureau area
or agency offices serving schools funded by the Bureau.
(V) The organization representing the majority of
contract or grant schools funded by the Bureau not
serving students on the Navajo reservation.
(VI) The organization representing the majority
of contract or grant schools funded by the Bureau
serving students on the Navajo reservation.
(VII) The organization representing the school
boards required by statute for schools operated by the
Bureau not serving students on the Navajo reservation.
(VIII) The organization representing the school
boards required by statute for schools funded by the
Bureau serving students on the Navajo reservation.
(B) Including the additional members required by para-
graph (5), a majority of the members of such panel shall be
from the entities designated under subparagraph (A)(iii).
(5) ADDITIONAL
MEMBERS.—In addition, the members of
the panel described in paragraph (4) shall designate for full
membership on the panel four additional members—
H. R. 1804—59
(A) one of whom shall be a representative of a national
organization which represents primarily national Indian
education concerns; and
(B) three of whom shall be chairpersons (or their des-
ignees) of Indian tribes with schools funded by the Bureau
on their reservations (other than those specifically rep-
resented by organizations referred to in paragraph (4)),
provided that preference for no less than two of these
members shall be given to Indian tribes with a significant
number of schools funded by the Bureau on their reserva-
tions, or with a significant percentage of their children
enrolled in schools funded by the Bureau.
(c) BIA COST ANALYSIS.—
(1) IN GENERAL.—(A) The Secretary of the Interior shall
reserve from the funds received pursuant to section 304(a)(1)(B)
in the first fiscal year that the Secretary of the Interior receives
such funds an amount not to exceed $500,000 to provide,
through the National Academy of Sciences or the National
Academy of Education, for an analysis of the costs associated
with meeting the academic and home-living/residential stand-
ards of the Bureau for each school funded by the Bureau.
The purpose of such analysis shall be to provide the Bureau
and the panel described in paragraph (4) with baseline data
regarding the current state of operations funded by the Bureau
and to provide a framework for addressing the implementation
of opportunity-to-learn standards.
(B) The results of such analysis shall be reported, in aggre-
gate and school specific form, to the chairpersons and ranking
minority members of the Committees on Education and Labor
and Appropriations of the House of Representatives and the
Select Committee on Indian Affairs and the Committee on
Appropriations of the Senate, and to the Secretary of the
Interior, the Secretary of Education (who shall transmit the
report to the appropriate entities under this Act), and the
Assistant Secretary of the Interior for Indian Affairs, not later
than 6 months after the date of enactment of this Act.
(2) CONTENT.—Such analysis shall evaluate the costs of
providing a program in each school operated or supported by
the Bureau for the next succeeding academic year and shall
be based on—
(A) the standards either published in the Federal Reg-
ister as having effect in schools operated by the Bureau
on the date of enactment of this Act or the standards
incorporated into each grant or contract in effect on such
date with a tribally controlled school funded under section
1128 of Public Law 95–561 (as amended);
(B) the best projections of student counts and demo-
graphics, as provided by the Bureau and as independently
reviewed by the National Academy of Sciences or the
National Academy of Education; and
(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as
such pay and benefit schedules and requirements existed
on the date of enactment of this Act.
(d) SECRETARY OF DEFENSE.—The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent practicable,
H. R. 1804—60
the purposes of this title are applied to the Department of Defense
schools.
SEC. 316. CLARIFICATION 
REGARDING 
STATE 
STANDARDS 
AND
ASSESSMENTS.
Notwithstanding any other provision of this title, standards
or State assessments described in a State improvement plan submit-
ted in accordance with section 306 shall not be required to be
certified by the Council.
SEC. 317. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT
THROUGH INTEGRATION OF TECHNOLOGY INTO THE
CURRICULUM.
(a) PURPOSE.—It is the purpose of this section to assist each
State to plan effectively for improved student learning in all schools
through the use of technology as an integral part of the State
improvement plan described in section 306.
(b) PROGRAM AUTHORIZED.—
(1) AUTHORITY.—The Secretary shall award grants in
accordance with allocations under paragraph (2) to each State
educational agency that, as part of its application under section
305, requests a grant to develop (or continue the development
of), and submits as part of the State improvement plan
described in section 306, a systemic statewide plan to increase
the use of state-of-the-art technologies that enhance elementary
and secondary student learning and staff development in sup-
port of the National Education Goals and State content stand-
ards and State student performance standards.
(2) FORMULA.—From the amount appropriated pursuant
to the authority of subsection (f) in each fiscal year, each
State educational agency with an application approved under
section 305 shall receive a grant under paragraph (1) in such
year in an amount determined on the same basis as allotments
are made to State educational agencies under subsections (b)
and (c) of section 304 for such year, except that each such
State shall receive at least $75,000.
(c) PLAN OBJECTIVES.—Each State educational agency shall
use funds received under this section to develop and, if the Secretary
has approved the systemic statewide plan, to implement such plan.
Such plan shall have as its objectives—
(1) the promotion of higher student achievement through
the use of technology in education;
(2) the participation of all schools and school districts in
the State, especially those schools and districts with a high
percentage or number of disadvantaged students;
(3) the development and implementation of a cost-effective,
high-speed, statewide, interoperable, wide-area-communication
educational technology support system for elementary and
secondary schools within the State, particularly for such schools
in rural areas; and
(4) the promotion of shared usage of equipment, facilities,
and other technology resources by adult learners during after-
school hours.
(d) PLAN REQUIREMENTS.—At a minimum, each systemic state-
wide plan shall—
(1) be developed by a task force that—
H. R. 1804—61
(A) includes among its members experts in the edu-
cational use of technology and representatives of the State
panel described in section 306(b); and
(B) ensures that such plan is integrated into the State
improvement plan described in section 306;
(2) be developed in collaboration with the Governor, rep-
resentatives of the State legislature, the State board of
education, institutions of higher education, appropriate State
agencies, local educational agencies, public and private tele-
communication entities, parents, public and school libraries,
students, adult literacy providers, and leaders in the field of
technology, through a process of statewide grassroots outreach
to local educational agencies and schools in the State;
(3) identify and describe the requirements for introducing
state-of-the-art technologies into the classroom and school
library in order to enhance educational curricula, including
the installation and ongoing maintenance of basic connections,
hardware and the necessary support materials;
(4) describe how the application of advanced technologies
in the schools will enhance student learning, provide greater
access to individualized instruction, promote the standards and
strategies described in section 306(d), and help make progress
toward the achievement of the National Education Goals;
(5) describe how the ongoing training of educational person-
nel will be provided;
(6) describe the resources necessary, and procedures, for
providing ongoing technical assistance to carry out such plan;
(7) provide for the dissemination on a statewide basis of
exemplary programs and practices relating to the use of tech-
nology in education;
(8) establish a funding estimate (including a statement
of likely funding sources) and a schedule for the development
and implementation of such plan;
(9) describe how the State educational agency will assess
the impact of implementing such plan on student achievement
and aggregate achievement for schools;
(10) describe how the State educational agency and local
educational agencies in the State will coordinate and cooperate
with business and industry, and with public and private tele-
communications entities;
(11) describe how the State educational agency will promote
the purchase of equipment by local educational agencies that,
when placed in schools, will meet the highest possible level
of interoperability and open system design;
(12) describe how the State educational agency will consider
using existing telecommunications infrastructure and tech-
nology resources;
(13) describe how the State educational agency will apply
the uses of technology to meet the needs of children from
low-income families;
(14) describe the process through which such plan will
be reviewed and updated periodically; and
(15) describe how the State educational agency will facili-
tate collaboration between State literacy resource centers, local
educational agencies, and adult and family literacy providers,
to ensure that technology can be used by adult and family
literacy providers during after school hours.
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(e) REPORTS.—Each State educational agency receiving a grant
under this section shall submit a report to the Secretary within
1 year of the date such agency submits to the Secretary its systemic
statewide plan under this section. Such report shall—
(1) describe the State’s progress toward implementation
of the provisions of such plan;
(2) describe any revisions to the State’s long-range plans
for technology;
(3) describe the extent to which resources provided pursu-
ant to such plan are distributed among schools to promote
the standards and strategies described in section 306(d); and
(4) include any other information the Secretary deems
appropriate.
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated $5,000,000 for fiscal year 1994 to carry out
this section.
SEC. 318. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
Nothing in this Act shall be construed to authorize an officer
or employee of the Federal Government to mandate, direct, or
control a State, local educational agency, or school’s curriculum,
program of instruction, or allocation of State or local resources
or mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act.
SEC. 319. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.
(a) FINDINGS.—The Congress finds as follows:
(1) Congress is interested in promoting State and local
government reform efforts in education.
(2) In Public Law 96–88 the Congress found that education
is fundamental to the development of individual citizens and
the progress of the Nation.
(3) In Public Law 96–88 the Congress found that in our
Federal system the responsibility for education is reserved
respectively to the States and the local school systems and
other instrumentalities of the States.
(4) In Public Law 96–88 the Congress declared the purpose
of the Department of Education was to supplement and com-
plement the efforts of States, the local school systems, and
other instrumentalities of the States, the private sector, public
and private educational institutions, public and private non-
profit educational research institutions, community based
organizations, parents and schools to improve the quality of
education.
(5) With the establishment of the Department of Education,
Congress intended to protect the rights of State and local
governments and public and private educational institutions
in the areas of educational policies and administration of pro-
grams and to strengthen and improve the control of such
governments and institutions over their own educational pro-
grams and policies.
(6) Public Law 96–88 specified that the establishment of
the Department of Education shall not increase the authority
of the Federal Government over education or diminish the
responsibility for education which is reserved to the States
and local school systems and other instrumentalities of the
States.