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(B) in paragraph (2), by striking out ‘‘the Na-
tional Education Goals’’ and inserting in lieu thereof
‘‘America’s Education Goals’’;
(C) by striking out paragraph (4); and
(D) by redesignating paragraphs (5) through
(7) as paragraphs (4) through (6), respectively.
(3) Section 5205(a)(1) of the ESEA is amended by
striking out ‘‘section 5203(b)’’ and inserting in lieu there-
of ‘‘section 5403(b)’’.
(4) Section 5206 of the ESEA is repealed.
(5) Section 5207 of the ESEA is amended—
(A) by striking out subsection (a); and
(B) in subsection (b), by striking out the sub-
section designation and heading.
(6) Section 5208 is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 5208. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and for each of
the four succeeding fiscal years.’’.
(b) REDESIGNATION.—(1) Part B of title V of the
ESEA is redesignated as part D.
(2) Sections 5201, 5202, 5203, 5204, 5205, 5207,
and 5208 of the ESEA are redesignated as sections 5401,
5402, 5403, 5404, 5405, 5406, and 5407, respectively.
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REPEAL OF THE ASSISTANCE TO ADDRESS SCHOOL
DROPOUT PROBLEMS PROGRAM
SEC. 504. Part C of title V of the ESEA is repealed.
REDESIGNATION OF THE PUBLIC CHARTER SCHOOLS
PROGRAM
SEC. 505. (a) REDESIGNATION.—(1) Part C of title
X of the ESEA is redesignated as part B of title V of
the ESEA.
(2) The heading for Part B of Title V of the ESEA,
as redesignated by paragraph (1), is amended to read as
follows:
‘‘PART B—PUBLIC CHARTER SCHOOLS’’.
(3) Sections 10301 through 10311 of the ESEA are
redesignated as sections 5201 through 5211 of title V of
the ESEA, respectively.
(b) CONFORMING AMENDMENTS.—(1) Section 5202
of the ESEA, as redesignated by subsection (a)(3), is
amended—
(A) in subsection (a), by striking out ‘‘section
10303’’ and inserting in lieu thereof ‘‘section 5203’’;
(B) in subsection (b), by—
(i) striking out ‘‘section 10303’’ and in-
serting in lieu thereof ‘‘section 5203’’; and
(ii) striking out ‘‘section 10303(c)’’ and in-
serting in lieu thereof ‘‘section 5203(c)’’;
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(C) in subsection (c)(2)(C), by striking out
‘‘section 10304(f)(6)(B)’’ and inserting in lieu there-
of ‘‘section 5204(f)(6)(B)’’; and
(D) in subsection (e)(1), by striking out ‘‘sec-
tion 10311’’ each place it appears and inserting in
lieu thereof ‘‘section 5211’’.
(2) Section 5203 of the ESEA, as redesignated by
subsection (a)(3), is amended—
(A) in subsection (b)(3)(L), by striking out
‘‘section 10302(c)(2)(C)’’ and inserting in lieu there-
of ‘‘section 5202(c)(2)(C)’’;
(B) in subsection (c), by striking out ‘‘section
10302(e)(1) or 10302(b)’’ and inserting in lieu
thereof ‘‘section 5202(b)’’; and
(C) in subsection (d)(2)(B), by striking out
‘‘section 10304(e)’’ and inserting in lieu thereof
‘‘section 5204(e)’’.
(3) Section 5204 of the ESEA, as redesignated by
subsection (a)(3), is amended—
(A) in subsection (a)—
(i) in the matter before paragraph (1), by
striking out ‘‘section 10303(b)’’ and inserting
in lieu thereof ‘‘section 5203(b)’’; and
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(ii) in paragraph (7), by striking out ‘‘sec-
tion 10302(c)(2)(C)’’ and inserting in lieu
thereof ‘‘section 5202(c)(2)(C)’’;
(B) in subsection (b)(7), by striking out ‘‘sec-
tion 10302(c)(2)(C)’’ and inserting in lieu thereof
‘‘section 5202(c)(2)(C)’’; and
(C) in subsection (e), by striking out ‘‘section
10310(1)’’ and inserting in lieu thereof ‘‘section
5210(1)’’.
OPTIONS: OPPORTUNITIES TO IMPROVE OUR NATION’S
SCHOOLS
SEC. 506. Title V of the ESEA is further amended
by adding a new part C to read as follows:
‘‘PART C—OPTIONS: OPPORTUNITIES TO IMPROVE OUR
NATION’S SCHOOLS
‘‘FINDINGS; PURPOSE
‘‘SEC. 5301. (a) FINDINGS.—The Congress finds
that—
‘‘(1) a wide variety of educational opportunities
and options in the public school system is needed to
help all children achieve to high standards;
‘‘(2) high-quality public school choice programs
that are genuinely open and accessible to all stu-
dents (including poor, minority, limited English pro-
ficient, and disabled students) broaden educational
opportunities and promote excellence in education;
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‘‘(3) current research shows that—
‘‘(A) students learn in different ways, ben-
efiting from different teaching methods and in-
structional settings; and
‘‘(B) family involvement in a child’s edu-
cation (such as helping choose what courses to
take) is a key factor supporting student
achievement;
‘‘(4) public school systems have begun to de-
velop a variety of innovative programs that offer ex-
panded choices to parents and students; and
‘‘(5) the Federal Government should support
and expand efforts to give students and parents the
high-quality public school choices they seek, to help
eliminate barriers to effective public school choice,
and to disseminate the lessons learned from high-
quality choice programs so that all public schools
can benefit from these efforts.
‘‘(b) PURPOSE.—It is the purpose of this part to
identify and support innovative approaches to high-quality
public school choice by providing financial assistance for
the demonstration, development, implementation, and
evaluation of, and dissemination of information about,
public school choice projects that stimulate educational in-
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novation for all public schools and contribute to standards-
based school reform efforts.
‘‘GRANTS
‘‘SEC. 5302. (a) IN GENERAL.—From funds appro-
priated under section 5305(a) and not reserved under sec-
tion 5305(b), the Secretary is authorized to make grants
to State and local educational agencies to support pro-
grams that promote innovative approaches to high-quality
public school choice.
‘‘(b) DURATION.—Grants under this part shall not
exceed three years.
‘‘USES OF FUNDS
‘‘SEC. 5303. (a) USES OF FUNDS.—(1) Funds under
this part may be used to demonstrate, develop, implement,
evaluate, and disseminate information on innovative ap-
proaches to broaden public school choice, including the de-
sign and development of new public school choice options,
the development of new strategies for overcoming barriers
to effective public school choice, and the design and devel-
opment of public school choice systems that promote high
standards for all students and the continuous improve-
ment of all public schools.
‘‘(2) Examples of such approaches at the school, dis-
trict, and State levels are—
‘‘(A) inter-district approaches to public school
choice, including approaches that increase equal ac-
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cess to high-quality educational programs and diver-
sity in schools;
‘‘(B) public elementary and secondary programs
that involve partnerships with institutions of higher
education and that are located on the campuses of
those institutions;
‘‘(C) programs that allow students in public
secondary schools to enroll in postsecondary courses
and to receive both secondary and postsecondary
academic credit;
‘‘(D) worksite satellite schools, in which State
or local educational agencies form partnerships with
public or private employers, to create public schools
at parents’ places of employment; and
‘‘(E) approaches to school desegregation that
provide students and parents choice through strate-
gies other than magnet schools.
‘‘(b) LIMITATIONS.—Funds under this part shall—
‘‘(1) supplement, and not supplant, non-Federal
funds expended for existing programs;
‘‘(2) not be used for transportation; and
‘‘(3) not be used to fund projects that are spe-
cifically authorized under part A or B of this title.
‘‘GRANT APPLICATION; PRIORITIES
‘‘SEC. 5304. (a) APPLICATION REQUIRED.—A State
or local educational agency desiring to receive a grant
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under this part shall submit an application to the Sec-
retary, in such form and containing such information, as
the Secretary may require.
‘‘(b) APPLICATION
CONTENTS.—Each application
shall include—
‘‘(1) a description of the program for which
funds are sought and the goals for such program;
‘‘(2) a description of how the program funded
under this part will be coordinated with, and will
complement and enhance, programs under other re-
lated Federal and non-federal projects;
‘‘(3) if the program includes partners, the name
of each partner and a description of its responsibil-
ities;
‘‘(4) a description of the policies and procedures
the applicant will use to ensure—
‘‘(A) its accountability for results, includ-
ing its goals and performance indicators; and
‘‘(B) that the program is open and acces-
sible to, and will promote high academic stand-
ards for, all students.
‘‘(c) PRIORITIES.—(1) The Secretary shall give a pri-
ority to applications for projects that would serve high-
poverty local educational agencies.
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‘‘(2) The Secretary is authorized to give a priority
to applications demonstrating that the applicant will carry
out its project in partnership with one or more public and
private agencies, organizations, and institutions, including
institutions of higher education and public and private em-
ployers.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 5305. (a) AUTHORIZATION
OF APPROPRIA-
TION.—For the purpose of carrying out this part, there
are authorized to be appropriated such sums as may be
necessary for fiscal year 2001 and for each of the four
succeeding fiscal years.
‘‘(b) RESERVATION FOR EVALUATION, TECHNICAL
ASSISTANCE, AND DISSEMINATION.—From the amount
appropriated under subsection (a) for any fiscal year, the
Secretary may reserve not more than five percent to carry
out evaluations under subsection (c), to provide technical
assistance, and to disseminate information.
‘‘(c) EVALUATIONS.—The Secretary may use funds
reserved under subsection (b) to carry out one or more
evaluations of programs assisted under this part, which
shall, at a minimum, address—
‘‘(1) how, and the extent to which, the pro-
grams supported with funds under this part promote
educational equity and excellence; and
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‘‘(2) the extent to which public schools of choice
supported with funds under this part are—
‘‘(A) held accountable to the public;
‘‘(B) effective in improving public edu-
cation; and
‘‘(C) open and accessible to all students.’’.
TITLE VI—CLASS-SIZE REDUCTION
CLASS-SIZE REDUCTION
SEC. 601. Title VI of the ESEA is amended to read
as follows:
‘‘FINDINGS
‘‘SEC. 6001. The Congress finds as follows:
‘‘(1) Rigorous research has shown that students
attending small classes than students in larger class-
es, and that these achievement gains persist through
at least the 8th grade.
‘‘(2) The benefits of smaller classes are greatest
for lower-achieving, minority, poor, and inner-city
children. One study found that urban fourth-graders
in smaller-than-average classes were three-quarters
of a school year ahead of their counterparts in larg-
er-than-average classes.
‘‘(3) Teachers in small classes can provide stu-
dents with more individualized attention, spend more
time on instruction and less on other tasks, and
cover more material effectively, and are better able
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to work with parents to further their children’s edu-
cation.
‘‘(4) Smaller classes allow teachers to identify
and work sooner with students who have learning
disabilities, thereby potentially reducing those stu-
dents’ need for special education services in the later
grades.
‘‘(5) The National Research Council report,
‘Preventing Reading Difficulties in Young Children’,
recommends reducing class sizes, accompanied by
high-quality professional development for teachers,
as a strategy for improving student achievement in
reading.
‘‘(6) Efforts to improve educational outcomes
by reducing class sizes in the early grades are likely
to be successful only if well-qualified teachers are
hired to fill additional classroom positions and if
teachers receive intensive, on-going professional de-
velopment.
‘‘(7) Several States and school districts have
begun a serious effort to reduce class sizes in the
early elementary grades, but these actions may be
impeded by financial limitations or difficulties in hir-
ing highly qualified teachers.
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‘‘(8) The Federal Government can assist in this
effort by providing funding for class-size reductions
in grades one through three, and by helping to en-
sure that both new and current teachers who are
moving into smaller classrooms are well prepared.
‘‘PURPOSE
‘‘SEC. 6002. The purpose of this title is to help States
and local educational agencies recruit, train, and hire
100,000 additional teachers in order to—
‘‘(1) reduce class sizes nationally, in grades 1 through
3, to an average of 18 students per regular classroom; and
‘‘(2) improve teaching in the early grades so
that all students can learn to read independently
and well by the end of the third grade.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 6003. For the purpose of carrying out this
title, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 2001
through 2005.
‘‘ALLOCATIONS TO STATES
‘‘SEC. 6004. (a) RESERVATION FOR THE OUTLYING
AREAS AND THE BUREAU OF INDIAN AFFAIRS.—Of the
amount appropriated under section 6003 for any fiscal
year, the Secretary shall reserve a total of not more than
1 percent to make payments, on the basis of their respec-
tive needs, to—
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‘‘(1) American Samoa, Guam, the Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana Islands for activities, approved by the Sec-
retary, consistent with this Act; and
‘‘(2) the Secretary of the Interior for activities
approved by the Secretary, consistent with this Act,
in schools operated or supported by the Bureau of
Indian Affairs.
‘‘(b) ALLOCATIONS TO STATES.—(1) After reserving
funds under subsection (a), the Secretary shall allocate to
each State the percentage of the remaining amount that
is the greater of the percentage it received for the pre-
ceding fiscal year of the total amount allocated to the
States under section 1122 of this Act or section 2202(b)
of this Act, as it was in effect before enactment of the
Educational Excellence for All Children Act of 1999, or
under section 2121 of this Act, as the case may be.
‘‘(2) The Secretary shall ratably reduce the alloca-
tions determined under paragraph (1) as necessary.
‘‘(3) If any State chooses not to participate in the
program under this Act, or fails to submit an approvable
application, the Secretary shall reallocate its allocation to
the remaining States, in accordance with paragraph (1).
‘‘APPLICATIONS
‘‘SEC. 6005. (a) APPLICATION
REQUIRED.—The
State educational agency of each State desiring to receive
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a grant under this title shall submit an application to the
Secretary at such time, in such form, and containing such
information as the Secretary may require.
‘‘(b) CONTENTS.—Each application shall include—
‘‘(1) the State’s goals for using funds under
this title to reduce average class sizes in regular
classrooms in grades 1 through 3, including a de-
scription of current class sizes in those grades in the
local educational agencies of the State;
‘‘(2) a description of the State educational
agency’s plan for allocating program funds within
the State;
‘‘(3) a description of how the State will use
other funds, including other Federal funds, to re-
duce class sizes and improve teacher quality and
reading achievement within the State; and
‘‘(4) an assurance that the State educational
agency will submit such reports and information as
the Secretary may reasonably require.
‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary
shall approve a State’s application if it meets the require-
ments of this section and holds reasonable promise of
achieving the purposes of this Act.
‘‘WITHIN-STATE ALLOCATIONS
‘‘SEC. 6006. (a) ALLOCATIONS
TO LOCAL EDU-
CATIONAL AGENCIES.—Each State that receives funds
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under this title for any fiscal year may reserve not more
than 1 percent of those funds for the cost of administering
this title, and shall distribute all remaining funds to local
educational agencies, of which—
‘‘(1)(A) 80 percent shall be allocated to local
educational agencies in proportion to the relative
numbers of children, aged 5 through 17, who reside
in the school districts served by those agencies and
who are from families with incomes below the pov-
erty line (as defined by the Office of Management
and Budget and revised annually in accordance with
section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902)) applicable to a family
of the size involved for the most recent fiscal year
for which satisfactory data are available; except that
‘‘(B) a State may adjust the data described in
subparagraph (A), or use alternative child-poverty
data, if it demonstrates to the Secretary’s satisfac-
tion that such adjusted or alternative data more ac-
curately reflect the incidence of children living in
poverty in local educational agencies in the State;
and
‘‘(2) 20 percent shall be allocated in accordance
with the relative enrollments of children, aged 5
through 17, in public and private nonprofit elemen-
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tary and secondary schools within the boundaries of
those agencies.
‘‘(b) REALLOCATION.—If any local educational agen-
cy chooses not to participate in the program under this
title, or fails to submit an approvable application, the
State educational agency shall reallocate its allocation to
the remaining local educational agencies, in accordance
with subsection (a).
‘‘LOCAL APPLICATIONS
‘‘SEC. 6007. Each local educational agency that wish-
es to receive a subgrant under section 6006 shall submit
an application to the State educational agency that con-
tains a description of its program to reduce class size by
hiring additional highly qualified teachers.
‘‘USES OF FUNDS
‘‘SEC. 6008. (a) ADMINISTRATIVE EXPENSES.—Each
local educational agency receiving a subgrant under sec-
tion 6006 may use not more than 3 percent of the
subgrant funds for any fiscal year for the costs of admin-
istering this title.
‘‘(b) TEACHER TESTING AND PROFESSIONAL DE-
VELOPMENT.—Each local educational agency may use not
more than a total of 15 percent of the funds it receives
under this title for any fiscal year to—
‘‘(1) assess new teachers for their competency
in content knowledge and teaching skills;
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‘‘(2) assist new teachers to take any tests re-
quired to meet State certification requirements; and
‘‘(3) provide professional development to teach-
ers (including teachers of children with disabilities
and teachers of children with limited English pro-
ficiency), which it shall coordinate with activities
carried out under titles II and VII of this Act, title
II of the Higher Education Act of 1965, and the In-
dividuals with Disabilities Education Act, if it is
participating in programs funded under those stat-
utes.
‘‘(c) RECRUITING, HIRING, AND TRAINING TEACH-
ERS.—Each local educational agency shall use any funds
not expended under subsection (a) or (b) to recruit, hire,
and train certified teachers (which may include teachers
certified through State and local alternative routes), for
the purpose of reducing class size to 18, which may in-
clude hiring special education teachers to team-teach with
regular classroom teachers.
‘‘(d) LIMITATION.—No local educational agency may
use funds made available under this title to increase the
salary of, or to provide benefits (other than participation
in professional development and enrichment programs) to,
any teacher who is, or has been, employed by the agency.
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‘‘(e) ADDITIONAL USES.—A local educational agency
that has already reduced class size in grades 1 through
3 to 18 or fewer children may use funds received under
this title to—
‘‘(1) make further class-size reductions in
grades 1 through 3;
‘‘(2) reduce class size in kindergarten or other
grades; or
‘‘(3) carry out activities to improve teacher
quality, including professional development.
‘‘(f) SMALL LEAS.—Notwithstanding any other pro-
vision of this section (except for subsection (d)), a local
educational agency that receives a subgrant under this
section in an amount less than the starting salary for a
new teacher in that agency may use the subgrant funds—
‘‘(1) to form a consortium with one or more
other local educational agencies for the purpose of
reducing class size;
‘‘(2) to help pay the salary of a full or part-
time teacher hired to reduce class size; or
‘‘(3) for professional development related to
teaching in smaller classes, if the amount of the
subgrant is less than $10,000.
‘‘COST-SHARING REQUIREMENT
‘‘SEC. 6009. (a) FEDERAL SHARE.—(1) The Federal
share of the cost of activities carried out under this title
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may be up to 100 percent in local educational agencies
with child-poverty levels greater than 50 percent, but shall
be no more than 65 percent in local educational agencies
with child-poverty rates of less than 50 percent.
‘‘(2) In determining the child-poverty rates and Fed-
eral share of individual local educational agencies under
paragraph (1), each State shall use the most recent census
data that the Secretary finds satisfactory.
‘‘(b) LOCAL SHARE.—A local educational agency
shall provide the non-Federal share of a project under this
Act through cash expenditures from non-Federal sources,
except that if an agency has allocated funds under section
1113(c) of this Act to one or more schoolwide programs
under section 1114, it may use those funds for the non-
Federal share of activities under this program that benefit
those schoolwide programs, to the extent consistent with
section 
1120A(c) 
and 
notwithstanding 
section
1114(a)(3)(B).
‘‘NONSUPPLANTING
‘‘SEC. 6010. A local educational agency shall use
funds it receives under this title to supplement the level
of funds that, in the absence of funds under this title,
would be spent for the combination of—
‘‘(1) teachers in regular classrooms in schools
receiving assistance under this title;
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‘‘(2) assessing new teachers in their competency
in content knowledge and teaching skills, and to as-
sist new teachers to take any tests required to meet
State certification standards; and
‘‘(3) professional development for teachers.
‘‘ANNUAL STATE REPORTS
‘‘SEC. 6011. Each State receiving funds under this
title shall submit to the Secretary an annual report on
its activities under this title, in such form and containing
such information as the Secretary may reasonably require.
‘‘PARTICIPATION OF PRIVATE SCHOOL TEACHERS
‘‘SEC. 6012. (a) IN GENERAL.—Each local edu-
cational agency receiving funds under this title shall, in
accordance with sections 11803 through 11806, provide
for the equitable participation of private school teachers
in the professional development activities the agency and
its schools carry out with those funds.
‘‘(b) LIMITATION.—Sections 11803 through 11806
do not apply to other activities under this title.
‘‘DEFINITION
‘‘SEC. 6013. As used in this title, the term ‘State’
means each of the 50 States, the District of Columbia,
and Puerto Rico.’’.
TITLE VII—BILINGUAL EDUCATION ACT
FINDINGS, POLICY, AND PURPOSE
SEC. 701. Section 7102 of the Act is amended—
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(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) as the Nations of the world become in-
creasingly interdependent and as international com-
munication becomes a daily occurrence in govern-
ment, business, commerce, and family life, multi-
lingual skills constitute an important national re-
source that deserves protection and development;
‘‘(2) the presence of language-minority Ameri-
cans is related to Federal immigration policies;
‘‘(3) language-minority Americans speak vir-
tually all languages, including many that are indige-
nous to the United States;
‘‘(4) many language-minority Americans are
limited in their English proficiency, and many have
limited education and income;
‘‘(5) there are large, and growing, numbers of
children and youth of limited English proficiency,
many of whom have a cultural heritage that differs
from that of their English proficient peers;
‘‘(6) limited English proficient students and
their families are increasingly moving into school
districts that do not have appropriate services in
place to serve them;
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‘‘(7) limited English proficient students arrive
at their schools at various age levels and often with
little or no prior formal schooling;
‘‘(8) limited English proficient children and
youth face a number of challenges in receiving an
education that will enable them to participate fully
in American society, including—
‘‘(A) segregated education programs;
‘‘(B) disproportionate and improper place-
ment in special education and other special pro-
grams, due to the use of inappropriate evalua-
tion procedures;
‘‘(C) disproportionate attendance in high-
poverty schools, as demonstrated by the fact
that, in 1994, 75 percent of limited English
proficient students attended schools in which at
least half of all students were eligible for free
or reduced-price meals;
‘‘(D) the limited English proficiency of
their parents, which hinders parents’ ability to
participate fully in the education of their chil-
dren; and
‘‘(E) a shortage of teachers and other staff
who are professionally trained and qualified to
serve such children and youth;
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‘‘(9) school districts and schools find it chal-
lenging to include limited English proficient students
in their reform efforts;
‘‘(10) a 1999 National Center for Education
Statistics survey found that teachers are less likely
to participate in professional development designed
to address the needs of limited English proficient
students than to take part in any other kind of pro-
fessional development activity;
‘‘(11) institutions of higher education can assist
in preparing teachers, administrators, and other
school personnel to understand and build upon the
educational strengths and needs of language-minor-
ity and culturally diverse student enrollments;
‘‘(12) high-quality bilingual education programs
enable children and youth to learn English and meet
high academic standards;
‘‘(13) a 1998 National Research Council report,
Preventing Reading Difficulties in Young Children,
found that limited English proficient students should
be taught to read first in their native language and
that, if such an approach is not possible due to lack
of materials and resources, limited English proficient
students should attain some fluency in oral English
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before they receive formal reading instruction in
English;
‘‘(14) the use of a child’s or youth’s native lan-
guage and culture in classroom instruction can—
‘‘(A) promote self-esteem and contribute to
academic achievement and learning English by
limited English proficient children and youth;
‘‘(B) benefit children and youth who are
proficient in English and also participate in
such programs; and
‘‘(C) develop our Nation’s national lan-
guage resources, thus promoting our Nation’s
competitiveness in the global economy;
‘‘(15) research, evaluation, and data collection
capabilities in the field of bilingual education need to
be strengthened so that educators and other staff
can better identify and promote programs, program
implementation strategies, and instructional prac-
tices that result in effective education of limited
English proficient children;
‘‘(16) parent and community participation in
bilingual education programs contributes to program
effectiveness;
‘‘(17) educational technology has the potential
for improving the education of language-minority
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and limited English proficient students and their
families, and the Federal Government should foster
development of that technology;
‘‘(18) the Federal Government, as reflected in
title VI of the Civil Rights Act of 1964 and section
204(f) of the Equal Education Opportunities Act of
1974, has a special and continuing obligation to en-
sure that States and local school districts take ap-
propriate action to provide equal educational oppor-
tunities to children and youth of limited English
proficiency;
‘‘(19) the Federal Government also, as exempli-
fied by programs authorized under this title, has a
special and continuing obligation to assist States
and local school districts to develop the capacity to
provide programs of instruction that offer limited
English proficient children and youth an equal edu-
cational opportunity; and
‘‘(20) Native Americans and Native American
languages (as such terms are defined in section 103
of the Native American Languages Act), including
native residents of the outlying areas, have a unique
status under Federal law that requires special poli-
cies within the broad purposes of this Act.’’;
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(2) by amending subsection (b) to read as fol-
lows:
‘‘(b) POLICY.—The Congress declares it to be the pol-
icy of the United States—
‘‘(1) in order to ensure equal educational oppor-
tunity for all children and youth and to promote
educational excellence, that the Federal Government
should assist State and local educational agencies,
institutions of higher education, and community-
based organizations to build their capacity to estab-
lish, implement, and sustain programs of instruction
for children and youth of limited English proficiency;
and
‘‘(2) in order to ensure that school districts are
providing effective instruction to limited English
proficient students that enable students to achieve to
challenging State standards and are providing pro-
grams under subtitle 1 of part A of this title that
are consistent with the requirements under section
1111(b)(2)(F)(v) of title I of this Act, that—
‘‘(A) those students should be included in
State assessments of academic performance;
‘‘(B) those students should be assessed, to
the extent practicable, in the language and form
most likely to yield accurate and reliable infor-
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mation on what those students know, and can
do, in subjects other than English, including
using tests written in Spanish for Spanish-
speaking students with limited English pro-
ficiency, if those tests are more likely than tests
written in English to yield accurate and reliable
information on what those students know, and
can do, in subjects other than English; and
‘‘(C) those students who have been in
United States schools (not including Puerto
Rico) for three consecutive years or more
should be tested in reading and language arts
using tests written in English.’’; and
(3) in subsection (c)—
(A) in the matter before paragraph (1), by
striking out ‘‘to educate limited English pro-
ficient children and youth to’’ and inserting in
lieu thereof ‘‘to help ensure that limited English
proficient students master English and’’; and
(B) by amending paragraph (1) to read as
follows:
‘‘(1) promoting systemic improvement and re-
form of, and developing accountability systems for,
educational programs serving students with limited
English proficiency.’’.
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AUTHORIZATION OF APPROPRIATIONS FOR PART A
SEC. 702. Section 7103(a) of the ESEA is amended
to read as follows:
‘‘(a) IN GENERAL.—For the purpose of carrying out
this part, there are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2001
through 2005.’’.
PROGRAM DEVELOPMENT AND ENHANCEMENT GRANTS
SEC. 703. Section 7113 of the ESEA is amended—
(1) by amending the section heading to read as
follows: ‘‘PROGRAM DEVELOPMENT AND ENHANCE-
MENT GRANTS’’;
(2) by amending subsection (a) to read as fol-
lows:
‘‘(a) PURPOSE.—The purpose of this section is to
provide grants to eligible entities to carry out innovative
instructional programs for limited English proficient stu-
dents.’’;
(3) in subsection (b)—
(A) in paragraph (1)(B), by striking out
‘‘two’’ and inserting in lieu thereof ‘‘three’’; and
(B) by amending paragraph (2) to read as
follows:
‘‘(2) AUTHORIZED
ACTIVITIES.—(A) Grants
under this section shall be used for—
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‘‘(i) developing and implementing com-
prehensive, preschool, elementary, or secondary
education programs for children and youth with
limited English proficiency, that are aligned
with standards-based State and local school re-
form efforts and coordinated with other rel-
evant programs and services to meet the full
range of educational needs of such children and
youth;
‘‘(ii) providing high-quality professional de-
velopment to classroom teachers, administra-
tors, and other school or community-based or-
ganization personnel to improve the instruction
and assessment of limited English proficient
students; and
‘‘(iii) annually assessing the English pro-
ficiency of all limited English proficient stu-
dents served by the program.
‘‘(B) Grants under this section may be used
for—
‘‘(i) implementing programs to upgrade the
reading and other academic skills of limited
English proficient students;
‘‘(ii) developing accountability systems to
track the academic progress of limited English
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proficient and formerly limited English pro-
ficient students;
‘‘(iii) implementing family education pro-
grams and parent outreach and training activi-
ties designed to assist parents to become active
participants in the education of their children;
‘‘(iv) improving the instructional program
for limited English proficient students by iden-
tifying, acquiring, and applying effective cur-
riculum, instructional materials, assessments,
and educational technology aligned with State
and local standards;
‘‘(v) providing tutorials and academic or
career counseling for children and youth who
are limited English proficient; and
‘‘(vi) such other activities, consistent with
the purposes of this part, as the Secretary may
approve.’’; and
(4) by adding at the end thereof the following
new subsection:
‘‘(d) PRIORITY.—The Secretary is authorized to give
priority to applicants that have a total district enrollment
that is less than 10,000 students and have limited or no
experience in serving limited English proficient students.’’.
COMPREHENSIVE SCHOOL GRANTS
SEC. 704. Section 7114 of the ESEA is amended—
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(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) PURPOSE.—The purpose of this section is to im-
plement school-wide education programs, in coordination
with title I, for children and youth with limited English
proficiency—
‘‘(1) to assist such children and youth to learn
English and achieve to challenging State content
and performance standards; and
‘‘(2) to improve, reform, and upgrade relevant
programs and operations, in schools with significant
concentrations of such students or that serve signifi-
cant numbers of such students.’’;
(2) by amending subsection (b)(2) to read as
follows:
‘‘(2) PROGRAM IMPROVEMENT PLAN.—(A) The
Secretary, before making a continuation award for
the fourth year of a program under this section,
shall determine if the program is making continuous
and substantial progress in assisting children and
youth with limited English proficiency to learn
English and achieve to challenging State content
and performance standards. The Secretary shall
base the determination on—
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‘‘(viii) developing and implementing pro-
grams to help all students become proficient in
more than one language; and
‘‘(ix) carrying out such other activities,
consistent with the purposes of this part, as the
Secretary may approve.
‘‘(4) SPECIAL RULES.—A grant recipient—
‘‘(A) before carrying out a program as-
sisted under this section, shall plan, train per-
sonnel, develop curriculum, and acquire or de-
velop materials, but shall not use funds under
this section for planning purposes for more
than 90 days; and
‘‘(B) shall not carry out a program under
this section in more than two schools for each
grant it receives under this section.’’.
SYSTEMWIDE IMPROVEMENT GRANTS
SEC. 705. Section 7115 of the ESEA is amended—
(1) in subsection (a), by striking out ‘‘bilingual
education programs or special alternative instruction
programs to’’ and inserting in lieu thereof ‘‘instruc-
tional programs for children and youth with limited
English proficiency’’;
(2) by amending subsection (b)(2) to read as
follows:
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‘‘(2) PROGRAM IMPROVEMENT PLAN.—(A) The
Secretary, before making a continuation award for
the fourth year of a program under this section,
shall determine if the program is making continuous
and substantial progress in assisting children and
youth with limited English proficiency to learn
English and achieve to challenging State content
and performance standards. The Secretary shall
base the determination on—
‘‘(i) the indicators established under sec-
tion 7118(d) and the data and information col-
lected under section 7118; and
‘‘(ii) such other data and information as
the Secretary may require.
‘‘(B)(i) If the Secretary determines that a re-
cipient requesting a fourth-year continuation award
under this section is not making continuous and
substantial progress under subparagraph (A), the re-
cipient shall promptly develop and submit to the
Secretary a program improvement plan for its pro-
gram.
‘‘(ii) The Secretary shall approve a program im-
provement plan under clause (i) only if he or she de-
termines that it holds reasonable promise of enabling
students with limited English proficiency partici-
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pating in the program to learn English and achieve
to challenging State content and performance stand-
ards.
‘‘(iii) If the Secretary determines that the re-
cipient is not making substantial progress in imple-
menting the program improvement plan under clause
(i), the Secretary shall deny a continuation award.’’;
(3) by amending paragraph (4) to read as fol-
lows:
‘‘(4) AUTHORIZED
ACTIVITIES.—(A) Grants
under this section shall be used for—
‘‘(i) aligning programs for limited English
proficient students in the district with school,
district, and State reform efforts and coordi-
nating the program with other relevant pro-
grams, such as title I, and services to meet the
full range of educational needs of limited
English proficient students throughout the dis-
trict;
‘‘(ii) providing high-quality professional de-
velopment that is aligned with high standards
to classroom teachers, administrators, and
other school or community-based organization
personnel to improve the instruction and assess-
ment of limited English proficient students;
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‘‘(iii) developing and implementing a plan,
coordinated with programs under title II of
Higher Education Act of 1965 where applica-
ble, to recruit teachers trained to serve limited
English proficient students;
‘‘(iv) annually assessing the English pro-
ficiency of all limited English proficient stu-
dents served by the program; and
‘‘(v) developing or improving accountability
systems that are consistent with the State’s ac-
countability system to measure limited English
proficient students’ academic progress in a valid
and reliable manner.
‘‘(B) Grants under this section may also be
used for—
‘‘(i) developing and implementing pro-
grams to help all students become proficient in
more than one language;
‘‘(ii) developing content and performance
standards for learning English as a second lan-
guage, as well as for learning other languages;
‘‘(iii) developing assessments tied to State
performance standards;
‘‘(iv) developing performance standards for
students with limited English proficiency that
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are aligned with challenging State content
standards;
‘‘(v) redesigning programs for limited
English proficient students to meet the needs of
changing population of such students;
‘‘(vi) coordinating assessments with State
accountability systems;
‘‘(vii) implementing policies and procedures
to ensure that limited English proficient stu-
dents have access to all district programs, such
as gifted and talented, vocational education,
and special education programs; and
‘‘(viii) integrating technology into all as-
pects of educating limited English proficient
students, including data management systems
and the delivery of instructional services to lim-
ited English proficient students.’’.
APPLICATIONS FOR AWARDS UNDER SUBPART 1
SEC. 706. Section 7116 of the ESEA is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking out
‘‘such application’’ and inserting in lieu thereof
‘‘its written comments on the application’’; and
(B) by amending paragraph (2)(B) to read
as follows:
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‘‘(B) For purposes of this subpart, such
comments shall address—
‘‘(i) how the grant activities will fur-
ther the academic achievement and English
proficiency of limited English proficient
students served under a grant received
under this subpart; and
‘‘(ii) how the grant application is con-
sistent with the State plan, especially with
regard to State assessments, required
under section 1111.’’;
(2) by amending subsection (f) to read as fol-
lows:
‘‘(f) REQUIRED DOCUMENTATION.—Such application
shall include documentation that—
‘‘(1) the applicant has the qualified personnel
required to develop, administer, and implement the
proposed program; and
‘‘(2) the leadership of each participating school
has been involved in the development and planning
of the program in the school.’’;
(3) in subsection (g)(1)—
(A) by amending subparagraph (A) to read
as follows:
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‘‘(A) A description of the need for the pro-
posed program, including data on the number
of children and youth of limited English pro-
ficiency in the schools or school districts to be
served and the characteristics of such children
and youth, including—
‘‘(i) the native languages of the stu-
dents to be served;
‘‘(ii) student proficiency in English
and the native language;
‘‘(iii) current achievement data of the
limited English proficient students to be
served by the program (and in comparison
to their English proficient peers) in—
‘‘(I) reading or language arts (in
English and in the native language, if
applicable); and
‘‘(II) mathematics;
‘‘(iv) reclassification rates for limited
English proficient students in the district;
‘‘(v) the previous schooling experi-
ences of participating students;
‘‘(vi) the professional development
needs of the instructional personnel who
will provide services for limited English
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proficient students, including the need for
certified teachers; and
‘‘(vii) how the grant would supple-
ment the basic services provided to limited
English proficient students.’’;
(B) in subparagraph (B)—
(i) by amending clause (ii) to read as
follows:
‘‘(ii) is coordinated with other pro-
grams under this Act, and other Acts as
appropriate, such as the Individuals with
Disabilities Education Act and the Carl D.
Perkins Vocational and Technical Edu-
cation Act, in accordance with section
11505;’’;
(ii) by redesignating clauses (ii)
through (v) as clauses (iii) through (vi), re-
spectively; and
(iii) by inserting a new clause (ii) to
read as follows:
‘‘(ii) will supplement the basic services
the applicant provides to limited English
proficient students;’’; and
(C) by amending subparagraph (E) to read
as follows:
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‘‘(E) An assurance that the applicant will
employ teachers in the proposed program who
individually, or in combination, are proficient
in—
‘‘(i) English, including written, as well
as oral, communication skills; and
‘‘(ii) the native language of the major-
ity of students they teach, if instruction in
the program is also in the native lan-
guage.’’; and
(4) in subsection (i)—
(A) by amending paragraphs (1) and (2)
to read as follows:
‘‘(1) PRIORITY.—The Secretary is authorized to
give priority to applicants that—
‘‘(A) experience a dramatic increase in the
number of limited English proficient students
enrolled;
‘‘(B) demonstrate that they have a proven
record of success in helping children and youth
with limited English proficiency learn English
and achieve to high academic standards; or
‘‘(C) propose programs that provide for the
development of bilingual proficiency both in
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English and another language for all partici-
pating students.
‘‘(2) LIMITATION.—Grants for programs under
this subpart that do not use the students’ native lan-
guage shall not exceed 25 percent of the funds pro-
vided for any type of grant under that section, or of
the total funds provided under this subpart, for any
fiscal year.’’; and
(B) in paragraph (3), by striking out ‘‘spe-
cial alternative instructional programs’’ and in-
serting in lieu thereof ‘‘programs that do not
use the students’ native language’’.
EVALUATIONS UNDER SUBPART 1
SEC. 707. Section 7123 of the ESEA is amended—
(1) in subsection (a), by striking out ‘‘every two
years’’ and inserting in lieu thereof ‘‘every year’’;
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) EVALUATION COMPONENTS.—(1) In preparing
evaluation reports, the recipient shall—
‘‘(A) use the data provided in the application as
baseline data against which to report academic
achievement and gains in English proficiency for
students in the program;
‘‘(B) report on the validity and reliability of all
instruments used to measure student progress; and
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‘‘(C) enable results to be disaggregated by rel-
evant factors, such as a student’s grade, gender, and
language group, and whether the student has a dis-
ability.
‘‘(2) Evaluations shall include—
‘‘(A) data on the project’s progress in achieving
its objectives;
‘‘(B) data showing the extent to which all stu-
dents served by the program are achieving to the
State’s student performance standards, including—
‘‘(i) data comparing limited English pro-
ficient children and youth with English pro-
ficient students with regard to grade retention
and academic achievement in reading and lan-
guage arts, in English and in the native lan-
guage if the project develops native language
proficiency, and in math;
‘‘(ii) gains in English proficiency, including
speaking, comprehension, reading, and writing,
as developmentally appropriate, and such gains
in native language proficiency if the project de-
velops native language proficiency; and
‘‘(iii) reclassification rates (including aver-
age duration in a program) for limited English
proficient students by grade, and data on the
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academic achievement of redesignated students
for two years after redesignation;
‘‘(C) program implementation indicators that
address each of the program’s objectives and compo-
nents, including the extent to which professional de-
velopment activities have resulted in improved class-
room practices and improved student achievement;
‘‘(D) a description of how the activities funded
under the grant are coordinated and integrated with
the overall school program and other Federal, State,
or local programs serving limited English proficient
children and youth; and
‘‘(E) such other information as the Secretary
may require.’’; and
(3) by adding a new subsection (d) to read as
follows:
‘‘(d) PERFORMANCE
MEASURES.—The Secretary
shall establish performance indicators to determine if pro-
grams under sections 7113 and 7114 are making contin-
uous and substantial progress, and may establish perform-
ance indicators to determine if programs under section
7112 are making continuous and substantial progress, to-
ward assisting children and youth with limited English
proficiency to learn English and achieve to challenging
State content and performance standards.’’.
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RESEARCH
SEC. 708. Section 7132 of the ESEA is amended—
(1) in subsection (a), by—
(A) inserting the paragraph designation
‘‘(1)’’ before ‘‘The Secretary shall’’;
(B) striking out ‘‘through the Office of
Educational Research and Improvement in co-
ordination and collaboration with the Office of
Bilingual Education and Minority Language Af-
fairs’’; and
(C) adding a paragraph (2) to read as fol-
lows:
‘‘(2) Such research may include—
‘‘(A) collecting data needed for compliance
with the Government Performance and Results
Act;
‘‘(B) improving data collection procedures
and the infrastructure for data collection on
limited English proficient students, for pur-
poses of improving instruction and account-
ability;
‘‘(C) developing research-based models for
serving limited English proficient students of
diverse language backgrounds and in diverse
educational settings;
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‘‘(D) 
identifying 
technology-based 
ap-
proaches that show effectiveness in helping lim-
ited English proficient students reach chal-
lenging State standards; and
‘‘(E) other research, demonstration, and
data collection activities consistent with the
purpose of this title.’’;
(2) in subsection (b)—
(A) in paragraph (1), by inserting ‘‘and ‘‘
at the end thereof;
(B) by striking out paragraphs (2) and
(3); and
(C) by redesignating paragraph (4) as
paragraph (2);
(3) in subsection (c)—
(A) in paragraph (1), by—
(i) striking out ‘‘(1) IN GENERAL.’’;
and
(ii) by striking out ‘‘under subpart 1
or 2’’ and inserting in lieu thereof ‘‘under
subpart 1, section 7124, or subpart 3’’;
and
(B) striking out paragraph (2); and
(4) by striking out subsection (e).
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ACADEMIC EXCELLENCE AWARDS
SEC. 709. Section 7133 of the ESEA is amended to
read as follows:
‘‘ACADEMIC EXCELLENCE AWARDS
‘‘SEC. 7133. (a) AUTHORITY.—The Secretary is au-
thorized to make grants to State educational agencies to
assist them in recognizing local educational agencies and
other public and non-profit entities whose programs
have—
‘‘(1) demonstrated significant progress in as-
sisting limited English proficient students to learn
English within three years; and
‘‘(2) demonstrated significant progress in as-
sisting limited English proficient students to meet,
within three years, the same challenging State con-
tent standards expected of all children and youth.
‘‘(b) APPLICATIONS.—A State educational agency de-
siring a grant under this section shall include an applica-
tion for such grant in its application required under sec-
tion 7124(e).’’.
STATE GRANT PROGRAM
SEC. 710. Section 7134(c) of the ESEA is amended
to read as follows:
‘‘(c) USES OF FUNDS.—A State educational agency
shall use funds awarded under this section to—
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‘‘(1) assist local educational agencies in the
State with program design, capacity building, assess-
ment of student performance, program evaluation,
and development of data collection and account-
ability systems for limited English proficient stu-
dents that are aligned with State reform efforts; and
‘‘(2) collect data on limited English proficient
populations in the State and the educational pro-
grams and services available to such populations.’’.
NATIONAL
CLEARINGHOUSE
ON
THE
EDUCATION
OF
CHILDREN
AND
YOUTH
WITH
LIMITED
ENGLISH
PROFICIENCY
SEC. 711. Section 7135 of the ESEA is amended to
read as follows:
‘‘NATIONAL
CLEARINGHOUSE
ON
THE
EDUCATION
OF
CHILDREN
AND
YOUTH
WITH
LIMITED
ENGLISH
PROFICIENCY
‘‘SEC. 7135. The Secretary shall establish and sup-
port the operation of a National Clearinghouse on the
Education of Children and Youth with Limited English
Proficiency, which shall collect, analyze, synthesize, and
disseminate information about programs related to the
education of children and youth with limited English pro-
ficiency and coordinate its activities with Federal data and
information clearinghouses and dissemination networks
and systems.’’.
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INSTRUCTIONAL MATERIALS DEVELOPMENT
SEC. 712. Section 7136 of the ESEA is amended to
read as follows:
‘‘INSTRUCTIONAL MATERIALS DEVELOPMENT
‘‘SEC. 7136. (a) AUTHORITY.—The Secretary may
award grants for the development, publication, and dis-
semination of high-quality instructional materials—
‘‘(1) in Native American and Native Hawaiian
languages;
‘‘(2) in the language of Native Pacific Islanders
and other natives of the outlying areas for whom in-
structional materials are not readily available;
‘‘(3) in other low-incidence languages in the
United States and for which instructional materials
are not readily available; and
‘‘(4) on standards and assessments, and in-
structional programs related to the education of chil-
dren and youth with limited English proficiency, for
dissemination to parents of such children and youth.
‘‘(b) PRIORITIES.—The Secretary shall give priority
to applications that provide for—
‘‘(1) developing instructional materials in lan-
guages indigenous to the United States or the out-
lying areas; and
‘‘(2) developing and evaluating instructional
materials, including technology-based application,
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that reflect challenging State and local content
standards, in collaboration with activities assisted
under subpart 1 and section 7124.’’.
PURPOSE OF SUBPART 3
SEC. 713. Section 7141 of the ESEA is amended to
read as follows:
‘‘PURPOSE
‘‘SEC. 7141. The purpose of this subpart is to assist
in preparing educators to improve educational services for
children and youth with limited English proficiency by
supporting professional development programs for such
educators.’’.
TRAINING FOR ALL TEACHERS PROGRAM
SEC. 714. Section 7142 of the ESEA is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist eligible applicants under subsection (b)(1) to develop
and provide ongoing professional development to teachers
and other educational personnel with a baccalaureate de-
gree to improve their provision of services to limited
English proficient students or to become certified as a bi-
lingual or English as a second language teacher.’’;
(2) in subsection (b)—
(A) by amending paragraph (1) to read as
follows:
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‘‘(1) AUTHORITY.—The Secretary is authorized
to award grants under this section to local edu-
cational agencies or to one or more local educational
agencies in consortium with one or more State edu-
cational agencies, institutions of higher education, or
nonprofit organizations.’’; and
(B) in paragraph (2), by striking out
‘‘five’’ and inserting in lieu thereof ‘‘three’’; and
(3) by amending subsection (c) to read as fol-
lows:
‘‘(c) ACTIVITIES.—(1) Funds under this section shall
be used to conduct high-quality, long-term professional de-
velopment activities.
‘‘(2) Funds under this section may be used to—
‘‘(A) design and implement induction programs
for new teachers, including mentoring and coaching
by trained teachers, team teaching with experienced
teachers, time for observation of, and consultation
with, experienced teachers, and additional time for
course preparation;
‘‘(B) implement school-based collaborative ef-
forts among teachers to improve instruction in read-
ing and other core academic areas for students with
limited English proficiency, including programs that
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facilitate teacher observation and analyses of fellow
teachers’ classroom practice;
‘‘(C) support long-term collaboration among
teachers and outside experts to improve instruction
of limited English proficient students;
‘‘(D) coordinate project activities with other
programs such as those under the Head Start Act
and titles I and II of the Act;
‘‘(E) implement programs that support effective
teacher use of education technologies to improve in-
struction and assessment;
‘‘(F) establish and maintain local professional
networks;
‘‘(G) develop curricular materials and assess-
ments for teachers that are aligned with State and
local standards and the needs of the limited English
proficient students to be served;
‘‘(H) develop education technology to enhance
professional development; and
‘‘(I) such other activities as are consistent with
the purpose of this section.’’.
BILINGUAL EDUCATION TEACHERS AND PERSONNEL
GRANTS
SEC. 715. Section 7143 of the ESEA is amended—
(1) by amending subsection (a) to read as fol-
lows:
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‘‘(a) PURPOSE.—The purpose of this section is to
support preservice professional development to improve
the preparation of prospective teachers who are preparing
to teach children and youth of limited English pro-
ficiency.’’;
(2) by amending subsection (c) to read as fol-
lows:
‘‘(c) AUTHORITY.—(1) The Secretary is authorized to
make grants to institutions of higher education for
preservice professional development in order to improve
preparation for prospective teachers who are preparing to
teach children and youth of limited English proficiency.
‘‘(2) Each grant under this section shall be awarded
for a period of not more than five years.
‘‘(3) A recipient of a grant under this section shall
coordinate its grant program activities with other pro-
grams under this Act and other Acts as appropriate.’’; and
(3) by adding a new subsection (d) to read as
follow:
‘‘(d) ACTIVITIES.—(1) Funds under this section shall
be used to—
‘‘(A) put in place a course of study that pre-
pares teachers to serve limited English proficient
students;
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‘‘(D) expand recruitment of students who will
be trained to serve limited English proficient stu-
dents;
‘‘(E) improve the skills and knowledge of fac-
ulty related to the needs of limited English pro-
ficient students;
‘‘(F) coordinate project activities with activities
under title II of the Higher Education Act of 1965;
and
‘‘(G) use technology to enhance professional de-
velopment.’’.
BILINGUAL EDUCATION CAREER LADDER PROGRAM
SEC. 716. Section 7144 of the ESEA is amended—
(1) by amending subsection (a) to read as fol-
lows:
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist eligible consortia to develop and implement high-qual-
ity bilingual education career ladder programs.’’;
(2) by amending subsection (b)(1) to read as
follows:
‘‘(a) IN GENERAL.—(1)(A) The Secretary is author-
ized to award grants to consortia of one or more institu-
tions of higher education and one or more State edu-
cational agencies or local educational agencies to develop
and implement bilingual education career ladder pro-
grams.
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‘‘(B) For purposes of this section, a ‘‘bilingual edu-
cation career ladder program’’ means a program that—
‘‘(i) is designed to provide high-quality, pre-bac-
calaureate coursework and teacher training to edu-
cational personnel who do not have a baccalaureate
degree; and
‘‘(ii) leads to timely receipt of a baccalaureate
degree and certification or licensure of program par-
ticipants as bilingual education teachers or other
educational personnel who serve limited English pro-
ficient students.
‘‘(C) Recipients of grants under this section shall—
‘‘(i) coordinate with programs under title II of
the Higher Education Act of 1965, and other rel-
evant programs, for the recruitment and retention of
bilingual students in postsecondary programs to
train them to become bilingual educators; and
‘‘(ii) make use of all existing sources of student
financial aid before using grant funds to pay tuition
and stipends for participating students.’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by striking out ‘‘consortium’’; and
(ii) at the end thereof, by inserting
‘‘and’’ after the semicolon;
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(B) in paragraph (2), by striking out
‘‘teachers; and’’ and inserting in lieu thereof
‘‘teachers.’’; and
(C) by striking out paragraph (3); and
(4) by amending subsection (d) to read as
follows:
‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall
give special consideration to applications under this sec-
tion that provide training in English as a second language,
including developing proficiency in the instructional use
of English and, as appropriate, a second language in class-
room contexts.’’.
GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM
SEC. 717. Section 7145(a) of the ESEA is
amended—
(1) in paragraph (1), by striking out ‘‘masters,
doctoral, and post-doctoral’’ and inserting in lieu
thereof ‘‘masters and doctoral’’;
(2) by striking out paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
APPLICATIONS FOR AWARDS UNDER SUBPART 3
SEC. 718. Section 7146 of the ESEA is amended—
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(1) in subsection (a)(4), by inserting ‘‘and ap-
plicants for grants under section 7145’’ after ‘‘Bu-
reau of Indian Affairs’’; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by striking out ‘‘of such applica-
tion copy’’ and inserting in lieu thereof
‘‘an application under sections 7132, 7133,
or 7134’’; and
(ii) by inserting ‘‘the written review
of’’ after ‘‘and transmit’’; and
(B) in paragraph (2), by striking out ‘‘this
subpart’’ and inserting in lieu thereof ‘‘sections
7132, 7133, and 7134’’.
EVALUATIONS UNDER SUBPART 3
SEC. 719. Section 7149 of the ESEA is amended to
read as follows:
‘‘PROGRAM EVALUATIONS
‘‘SEC. 7149. Each recipient of funds under this sub-
part shall provide the Secretary with an evaluation of its
program every year. Such evaluations shall include—
‘‘(1) the number of participants served, the
number of participants who have completed program
requirements, and the number of participants who
have taken positions in an instructional setting with
limited English proficient students;
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‘‘(2) the effectiveness of the program in impart-
ing the professional skills necessary for participants
to achieve the objectives of the program; and
‘‘(3) the teaching effectiveness of graduates or
other persons who have completed the training pro-
gram.’’.
TRANSITION
SEC. 720. Subpart 4 of part A of title VII of the
ESEA is amended to read as follows:
‘‘Subpart 4—Transition
‘‘TRANSITION
‘‘SEC. 7161. Notwithstanding any other provision of
law, a recipient of a grant under subpart 1 of part A of
this title that is in its third or fourth year of that grant
on the day preceding the date of enactment of Educational
Excellence for All Children Act of 1999 shall be eligible
to receive continuation funding under the terms and condi-
tions of the original grant.’’.
FINDINGS OF THE EMERGENCY IMMIGRANT EDUCATION
PROGRAM
SEC. 721. Section 7301(a) of the ESEA is
amended—
(1) in paragraph (3), by striking out ‘‘and’’ at
the end thereof;
(2) by redesignating paragraph (4) as para-
graph (5); and
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(3) by adding at the end thereof the following
new paragraph:
‘‘(4) an increasing number of immigrant chil-
dren are entering United States’ schools with inter-
rupted or little previous schooling; and’’.
STATE ADMINISTRATIVE COSTS
SEC. 722. Section 7302 of the ESEA is amended by
inserting a comma and ‘‘or 2 percent if the State edu-
cational agency distributes funds received under this part
to local educational agencies on a competitive basis,’’ after
‘‘1.5 percent of the amount’’.
COMPETITIVE STATE GRANTS TO LOCAL EDUCATIONAL
AGENCIES
SEC. 723. Section 7304(e)(1) of the ESEA is amend-
ed, in the matter before subparagraph (A), by striking out
‘‘if the amount appropriated to carry out this part exceeds
$50,000,000 for a fiscal year, a State educational agency
may reserve not more than 20 percent’’ and inserting in
lieu thereof ‘‘a State educational agency may reserve any
portion’’.
AUTHORIZATION OF APPROPRIATIONS FOR PART C
SEC. 724. Section 7309 of the ESEA is amended to
read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 7309. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
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as may be necessary for each of fiscal years 2001 through
2005.’’
DEFINITIONS
SEC. 725. Section 7501 of the ESEA is amended by
striking out paragraph (15) and inserting in lieu thereof
a new paragraph to read as follows:
‘‘(15) RECLASSIFICATION RATE.—The term re-
classification rate means the annual percentage of
limited English proficient students who have met the
State criteria for no longer being considered limited
English proficient.’’.
REGULATIONS, PARENTAL NOTIFICATION, AND USE OF
PARAPROFESSIONALS
SEC. 726. Section 7502 of the ESEA is amended
by—
(1) amending the section heading to read as fol-
lows:
‘‘REGULATIONS, PARENTAL NOTIFICATION, AND USE OF
PARAPROFESSIONALS’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) in the matter before subparagraph
(A), by striking out ‘‘youth participating
in’’ and inserting in lieu thereof ‘‘youth
who will participate in’’; and
(ii) in subparagraph (C)—
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(I) in the matter before clause
(i), by striking out ‘‘goals of the bilin-
gual education or special alternative
instructional program’’ and inserting
in lieu thereof ‘‘goals of the program
related to the education of children
and youth with limited English pro-
ficiency’’; and
(II) in clause (i), by striking out
‘‘results of the bilingual educational
program and of the instructional al-
ternatives’’ and inserting in lieu there-
of ‘‘results of the instructional pro-
grams related to the education of chil-
dren and youth with limited English
proficiency’’; and
(B) in paragraph (2)—
(i) by amending the paragraph head-
ing to read ‘‘OPTION TO WITHDRAW.’’; and
(ii) by amending subparagraph (A) to
read as follows:
‘‘(A) A recipient of funds under subpart 1
of part A shall also provide a written notice to
parents of children who will participate in the
programs under that subpart, in a form and
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language understandable to the parents, that
informs them that they may withdraw their
child from the program at any time.’’; and
(3) adding a new subsection (c) to read as
follows:
‘‘(c) USE OF PARAPROFESSIONALS.—The provisions
of section 1119(c) of this Act shall apply to all new staff
hired to provide academic instruction in programs sup-
ported under subpart 1 of part A of this title on or after
the date of enactment of the Educational Excellence for
All Children Act of 1999.’’.
TERMINOLOGY
SEC. 727. (a) PART A.—Subparts 1 and 2 of part
A of title VII of the ESEA are amended by striking out
‘‘bilingual education or special alternative instruction pro-
grams’’ and ‘‘bilingual education or special alternative in-
structional programs’’ each place they appear and insert-
ing in lieu thereof ‘‘instructional programs’’.
(b) PART E.—Section 7501(6) of the ESEA is
amended by striking out ‘‘a bilingual education and special
alternative instructional program’’ and inserting in lieu
thereof ‘‘an instructional program’’.
REPEALS
SEC. 728. (a) REPEALS IN PART A.—Sections 7112,
7117, 7119, 7120, 7121, and 7147 of the ESEA are re-
pealed.
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(b) REPEAL OF PART B.—Part B of title VII of the
ESEA is repealed.
REDESIGNATIONS AND CONFORMING AMENDMENTS
SEC. 729. (a) PART REDESIGNATIONS.—Parts C, D,
and E of title VII of the ESEA are redesignated as parts
B, C, and D, respectively.
(b) SECTION
REDESIGNATIONS.—Sections 7113,
7114, 7115, 7116, 7118, 7122, 7123, 7124, 7131, 7132,
7133, 7134, 7135, 7136, 7141, 7142, 7143, 7144, 7145,
7146, 7148, 7149, 7150, 7161, 7301, 7302, 7303, 7304,
7305, 7306, 7307, 7308, 7309, 7401, 7402, 7403, 7404,
7405, 7501, and 7502 of the ESEA are redesignated as
sections 7112, 7113, 7114, 7115, 7116, 7117, 7118,
7119, 7121, 7122, 7123, 7124, 7125, 7126, 7131, 7132,
7133, 7134, 7135, 7136, 7137, 7138, 7139, 7141, 7201,
7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7301,
7302, 7303, 7304, 7305, 7401, and 7402 of the ESEA,
respectively.
(c) CONFORMING AMENDMENTS.—(1) Section 7111
of the ESEA is amended by striking out ‘‘7114, and
7115’’ and inserting in lieu thereof ‘‘and 7114’’.
(2) Section 7112(b)(1)(A) of the ESEA, as redesig-
nated by subsection (b), is amended by striking out ‘‘sec-
tion 7116’’ and inserting in lieu thereof ‘‘section 7115’’.
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(3) Section 7113(b)(1)(A) of the ESEA, as redesig-
nated by subsection (b), is amended by striking out ‘‘sec-
tion 7116’’ and inserting in lieu thereof ‘‘section 7115’’.
(4) Section 7114(b)(1)(A) of the ESEA, as redesig-
nated by subsection (b), is amended by striking out ‘‘sec-
tion 7116’’ and inserting in lieu thereof ‘‘section 7115’’.
(5) Section 7115(g) of the ESEA, as redesignated by
subsection (b), is amended—
(A) in paragraph (1)(B)(ii), by striking out
‘‘section 14306’’ and inserting in lieu thereof ‘‘sec-
tion 11505’’; and
(B) in paragraph (2), by striking out ‘‘section
7114 or 7115’’ and inserting in lieu thereof ‘‘section
7113 or 7114’’.
(6) Section 7135(a)(3) of the ESEA, as redesignated
by subsection (b), is amended by striking out ‘‘section
7149’’ and inserting in lieu thereof ‘‘section 7138’’.
(7) Section 7202 of the ESEA, as redesignated by
subsection (b), is amended by striking out ‘‘section 7304’’
and inserting in lieu thereof ‘‘section 7204’’.
(8) Section 7204 of the ESEA, as redesignated by
subsection (b), is amended—
(A) in subsection (a), by striking out ‘‘section
7301(b)’’ and inserting in lieu thereof ‘‘section
7201(b)’’; and
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(B) in subsection (e)(2), by striking out ‘‘sec-
tion 7307’’ and inserting in lieu thereof ‘‘section
7207’’.
(9) Section 7205(a) of the ESEA, as redesignated by
subsection (b), is amended—
(A) in paragraph (2), by striking out ‘‘sections
7301 and 7307’’ and inserting in lieu thereof ‘‘sec-
tions 7201 and 7207’’;
(B) in paragraph (4), by—
(i) striking out ‘‘section 7304(e)’’ and in-
serting in lieu thereof ‘‘sections 7204(e)’’; and
(ii) striking out ‘‘section 7304(b)(1)’’ and
inserting in lieu thereof ‘‘section 7204(b)(1)’’;
and
(C) in paragraph (8), by striking out ‘‘section
7304’’ and inserting in lieu thereof ‘‘section 7204’’.
(10) Section 7206 of the ESEA, as redesignated by
subsection (b), is amended—
(A) in subsection (a)—
(i) by striking out ‘‘section 7305’’ and in-
serting in lieu thereof ‘‘section 7205’’; and
(ii) by striking out ‘‘section 7305’’ and in-
serting in lieu thereof ‘‘section 7205’’; and
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(B) in subsection (b), by striking out ‘‘section
7305(a)(7)’’ and inserting in lieu thereof ‘‘section
7205(a)(7)’’.
(11) Section 7208 of the ESEA, as redesignated by
subsection (b), is amended by striking out ‘‘section
14701’’ and inserting in lieu thereof ‘‘section 11911’’.
(12) Section 7305(d)(2) of the ESEA, as redesig-
nated by subsection (b), is amended by striking out ‘‘sec-
tion 7134’’ and inserting in lieu thereof ‘‘section 7124’’.
TITLE VIII B IMPACT AID
PURPOSE
SEC. 801. Section 8001 of the ESEA is amended to
read as follows:
‘‘PURPOSE
‘‘SEC. 8001. The purpose of this title is to provide
assistance to certain local educational agencies that are
financially burdened as a result of activities of the Federal
Government carried out in their jurisdictions, in order to
help those agencies provide educational services to their
children, including federally connected children, so that
they can meet challenging State standards.’’.
PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY
SEC. 802. (a) ELIGIBILITY.—Section 8002(a) of the
ESEA is amended—
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(1) in the matter preceding paragraph (1), by
striking out ‘‘for a fiscal year ending prior to Octo-
ber 1, 1999’’ and inserting in lieu thereof ‘‘for any
fiscal year’’; and
(2) in paragraph (1)—
(A) in subparagraph (B), by striking out
‘‘and’’ at the end thereof;
(B) in subparagraph (C), by striking out
‘‘value of’’ and all that follows through the end
thereof and inserting in lieu thereof ‘‘value of
all real property in the local educational agency
(similarly determined as of the time or times
when the Federal property was so acquired);
and’’; and
(C) by adding at the end thereof a new
subparagraph (D) to read as follows:
‘‘(D) has a current aggregate assessed
value, determined under subsection (b)(3), that
is at least 10 percent of the total current as-
sessed value of all real property in the local
educational agency; and’’.
(b) REPEAL OF SPECIAL-INTEREST PROVISIONS.—
Section 8002 of the ESEA is further amended by—
(1) striking out subsections (d), (e), (f), (g), (i),
(j), and (k); and
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(2) redesignating subsection (h) as subsection
(d).
(c) HOLD-HARMLESS AMOUNTS.—Subsection (d) of
section 8002 of the ESEA, as redesignated by subsection
(b)(2), is amended to read as follows:
‘‘(d) HOLD-HARMLESS AMOUNTS.—Notwithstanding
any other provision of this section, the Secretary shall
make the following minimum payments for the following
fiscal years under this section to each local educational
agency that was eligible for, and received, a payment
under this section for fiscal year 1999 but that, as a result
of subsection (a)(1)(D), is no longer eligible for a payment
under this section:
‘‘(1) For fiscal year 2001, 75 percent of the
amount it received for fiscal year 1999.
‘‘(2) For fiscal year 2002, 50 percent of the
amount it received for fiscal year 1999.
‘‘(3) For fiscal year 2003, 25 percent of the
amount it received for fiscal year 1999.’’.
(d) TECHNICAL AMENDMENTS.—Section 8002(b)(1)
of the ESEA is amended—
(1) in subparagraph (B), by striking out ‘‘sec-
tion 8014(a)’’ and inserting in lieu thereof ‘‘section
8014(a)(1)’’; and
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(2) in subparagraph (C), by striking out ‘‘sec-
tion 8003(b)(1)(C)’’ and inserting in lieu thereof
‘‘section 8003(b)(1)(B)’’.
PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN
SEC. 803. (a) COMPUTATION OF PAYMENTS.—Sec-
tion 8003(a) of the ESEA is amended—
(1) in paragraph (1)—
(A) in subparagraph (B), by inserting ‘‘or’’
after the semicolon at the end thereof;
(B) in subparagraph (C), by striking out
the semicolon at the end thereof and inserting
in lieu thereof a period; and
(C) by striking out subparagraphs (D)
through (G);
(2) in paragraph (2), by striking out subpara-
graphs (C) through (E); and
(3) by striking out paragraphs (3) and (4).
(b) BASIC SUPPORT PAYMENTS.—Section 8003(b) of
the ESEA is amended—
(1) in paragraph (1)—
(A) in subparagraph (A)—
(i) by striking out ‘‘section 8014(b)’’
and inserting in lieu thereof ‘‘section
8014(a)(2)’’; and
(ii) by striking out ‘‘eligible’’;
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(B) by striking out subparagraph (B);
(C) by redesignating subparagraph (C) as
subparagraph (B);
(D) 
in 
subparagraph 
(B), 
as 
so
redesignated—
(i) by striking out ‘‘greater’’ and in-
serting in lieu thereof ‘‘greatest’’;
(ii) by striking out clauses (i) and (ii);
(iii) by redesignating clauses (iii) and
(iv) as clauses (i) and (ii);
(iv) in clause (i), as so redesignated,
by striking out ‘‘or’’ at the end thereof;
(v) in clause (ii), as so redesignated,
by striking out the period at the end there-
of and inserting a semicolon and ‘‘or’’; and
(vi) by adding a new clause (iii) to
read as follows:
‘‘(iii) the average per-pupil expendi-
ture of all of the States, multiplied by the
local 
contribution 
percentage 
for 
the
State.’’; and
(E) by adding at the end thereof a new
subparagraph (C) to read as follows:
‘‘(C)(i) In determining the items described
in clauses (i) through (iii) of subparagraph (B),
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the Secretary shall use data for the third year
preceding the fiscal year for which the calcula-
tion of maximum payment amounts under that
subparagraph is being made, except as provided
in clauses (ii) and (iii) of this subparagraph.
‘‘(ii) If the State does not provide all nec-
essary data for the item described in clause (i)
of subparagraph (B) by September 30 of the
fiscal year preceding the year for which the
payments are made, the Secretary shall use the
greater of the items described in clauses (ii)
and (iii) of that subparagraph.
‘‘(iii) If satisfactory data from the third
preceding fiscal year are not available for any
of the items described in clauses (i) through
(iii) of subparagraph (B), the Secretary shall
use data from the most recent fiscal year for
which data that are satisfactory to the Sec-
retary are available.’’;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking out
‘‘section 8014(b) and inserting in lieu thereof
‘‘section 8014(a)(2)’’;
(B) in subparagraph (B)—
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(i) by striking out clauses (ii) and
(iii);
(ii) in clause (i)—
(I) by striking out the clause des-
ignation ‘‘(i)’’; and
(II) by redesignating subclauses
(I) and (II) as clauses (i) and (ii), re-
spectively;
(iii) 
by 
striking 
out 
‘‘paragraph
(1)(C)’’ and inserting in lieu thereof
‘‘paragraph (1)(B)’’;
(iv) in clause (i), as redesignated by
clause (ii)(II), by inserting ‘‘one-half of’’
before ‘‘the percentage’’; and
(v) by amending clause (ii), as redes-
ignated by clause (ii)(II), to read as fol-
lows:
‘‘(ii) 50 percent.’’; and
(C) by amending subparagraph (C) to read
as follows:
‘‘(C) RATABLE DISTRIBUTIONS.—For each
fiscal year described in subparagraph (A), the
Secretary shall—
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‘‘(i) make payments as a ratable dis-
tribution based on the computation made
under subparagraph (B); and
‘‘(ii) ratably increase those payments
when the amount available exceeds the
total of the amounts determined under
subparagraph (B), except that no local
educational agency shall receive a payment
under this paragraph that exceeds the
maximum payment for which it is eligible
under paragraph (1)(B).’’; and
(3) by striking out paragraph (3).
(c) TECHNICAL AMENDMENT.—Section 8003(c)(1) of
the ESEA is amended by striking out ‘‘paragraph (2)’’
and inserting in lieu thereof ‘‘subsection (b)(1)(C), para-
graph (2) of this subsection, and’’.
(d) 
CHILDREN
WITH
DISABILITIES.—Section
8003(d) of the ESEA is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘section 8014(c)’’ and
inserting in lieu thereof ‘‘section 8014(a)(3)’’;
(B) by striking out ‘‘determined’’ and all
that follows through the subparagraph designa-
tion ‘‘(A)’’ and inserting in lieu thereof ‘‘deter-
mined by’’; and
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(C) by striking out ‘‘factor of 1.0’’ and all
that follows through the period at the end
thereof and inserting in lieu thereof ‘‘factor of
1.0.’’; and
(2) in paragraph (2), by striking out ‘‘a free
appropriate public education’’ and inserting in lieu
thereof ‘‘services’’.
(e) HOLD-HARMLESS AMOUNTS.—Section 8003 of
the ESEA is further amended by striking out subsection
(e).
(f) HEAVILY IMPACTED LEAS.—Section 8003(f) of
the ESEA is amended—
(1) in paragraph (1), by striking out ‘‘section
8014(b)’’ and inserting in lieu thereof ‘‘section
8014(a)(2)’’; and
(2) by amending paragraphs (2) through (4) to
read as follows:
‘‘(2) ELIGIBILITY.—A local educational agency
is eligible to receive additional assistance under this
subsection only if the Secretary determines that—
‘‘(A)(i)(I) federally connected children de-
scribed in subsection (a)(1) constitute at least
40 percent of the agency’s average daily attend-
ance; and
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‘‘(II) it has a tax rate for general-fund
purposes that is at least 100 percent of the av-
erage tax rate for those purposes of comparable
local educational agencies in the State; or
‘‘(ii) its boundaries are the same as those
of a military installation;
‘‘(B) it is exercising due diligence to obtain
State and other financial assistance; and
‘‘(C) the agency’s eligibility under State
law for State aid with respect to the free public
education of children described in subsection
(a)(1), and the amount of that aid, are deter-
mined on a basis no less favorable to it than the
basis used in determining the eligibility of local
educational agencies for State aid, and the
amount of that aid, with respect to the free
public education of other children in the State.
‘‘(3) MAXIMUM
PAYMENTS.—The Secretary
shall determine the maximum amount that a local
educational agency may receive under this sub-
section as follows:
‘‘(A) PER-PUPIL COST FACTOR.—The local
educational agency shall choose either—
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‘‘(i) the average per-pupil expenditure
of the State in which the agency is located;
or
‘‘(ii) the average per-pupil expenditure
of at least 10 generally comparable local
educational agencies in the State.
‘‘(B) TOTAL
COST
FACTOR.—The Sec-
retary shall multiply the amount chosen by the
agency under subparagraph (A) by the average
daily attendance in the agency’s schools of chil-
dren described in subsection (a)(1).
‘‘(C) 
UNMET
NEED.—The 
Secretary
shall—
‘‘(i) multiply—
‘‘(I) the amount of funds avail-
able to the agency for current expend-
itures (determined in accordance with
subparagraph (D)); by
‘‘(II) the percentage of the agen-
cy’s average daily attendance com-
prised of children described in sub-
section (a)(1);
‘‘(ii) subtract the amount determined
under clause (i) from the amount deter-
mined under subparagraph (B); and
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‘‘(iii) subtract the amount of any pay-
ments to the agency for that fiscal year
under subsections (b) and (d) of this sec-
tion.
‘‘(D) AMOUNT AVAILABLE FOR CURRENT
EXPENDITURES.—In determining the amount of
funds available in any fiscal year to a local edu-
cational agency for current expenditures (as de-
fined in section 8013(4)) under subparagraph
(C)(i)(I), the Secretary shall also include, with
respect to the local educational agency’s open-
ing cash balance for that fiscal year, the portion
of that balance that is the greater of—
‘‘(i) the amount that exceeds the max-
imum amount of funds for current expend-
itures that the agency was allowed by
State law to carry over from the prior fis-
cal year, if State restrictions on those
amounts were applied uniformly to all local
educational agencies in the State; or
‘‘(ii) the amount that exceeds 30 per-
cent of the agency’s operating costs for the
prior fiscal year.
‘‘(4) DATA.—In determining a local educational
agency’s eligibility for, and the amount of, any pay-
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ment under this subsection for any fiscal year, the
Secretary shall use—
‘‘(A) student, revenue, expenditure, tax,
and other necessary data from the second pre-
ceding fiscal year, if the agency (or the State
educational agency) provides the Secretary
those data within 60 days of being requested in
writing to do so; and
‘‘(B) if any of those data are not provided
by that deadline, such data from the most re-
cent preceding fiscal year for which data that
are satisfactory to the Secretary are available.’’.
(g) CHILDREN WITH SEVERE DISABILITIES.—Sec-
tion 8003 of the ESEA is further amended by striking
out subsection (g).
(h) OTHER FEDERAL FUNDS.—Section 8003(h) of
the ESEA is amended to read as follows:
‘‘(h) OTHER FEDERAL FUNDS.—Notwithstanding
any other provision of law, a local educational agency may
not receive a payment under this section for children
claimed in its application if Federal funds (other than
funds under this title) provide a substantial portion of the
educational program for those children.’’.
(i) MAINTENANCE OF EFFORT.—Section 8003 of the
ESEA is further amended by striking out subsection (i).
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POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS
SEC. 804. Section 8004 of the ESEA is amended—
(1) by amending the heading to read ‘‘INDIAN
COMMUNITY PARTICIPATION.’’;
(2) by amending subsection (a) to read as fol-
lows:
‘‘(a) IN GENERAL.—(1) Any local educational agency
that claims children residing on Indian lands for the pur-
pose of receiving funds under section 8003 shall ensure
that those children participate in programs and activities
supported by those funds on an equal basis with all other
children.
‘‘(2)(A) Any local educational agency described in
paragraph (1) shall ensure that the parents of Indian chil-
dren and Indian tribes are afforded an opportunity to
present their views and make recommendations on the
unique educational needs of those children and how those
children may realize the benefits of the educational pro-
grams and activities of the local educational agency, in-
cluding the benefits of programs and activities assisted
under this Act.
‘‘(B)(i) A local educational agency that receives a
grant under subpart 1 of part A of title IX of this Act
shall comply with subparagraph (A) through activities
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planned and carried out by the parent committee estab-
lished under that subpart.
‘‘(ii) A local educational agency that does not receive
such a grant may form an Indian parent committee to
implement subparagraph (A).
‘‘(iii) Subject to clause (i), a local educational agency
may meet the requirements of subparagraph (A) by car-
rying out the parental-involvement requirements of section
1118 of this Act for all children it claims who reside on
Indian lands.
‘‘(C) A local educational agency that provides services
under part A of title I of this Act for any children residing
on Indian lands that it claims for the purpose of receiving
funds under section 8003 shall ensure that it complies
with section 1118 with respect to those children and their
parents.
‘‘(3) A local educational agency may use funds pro-
vided under section 8003 (other than under section
8003(d)), for activities designed to increase tribal and pa-
rental involvement in the education of Indian children, in-
cluding, but not limited to, parent education, professional
development related to the unique educational needs of In-
dian children, and implementing model educational pro-
grams that are proven to be effective for Indian children.’’;
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(3) by amending subsection (b) to read as fol-
lows:
‘‘(b) RECORDS.—Each local educational agency de-
scribed in subsection (a) shall maintain records dem-
onstrating its compliance with that subsection.’’;
(4) by striking out subsection (c);
(5) by redesignating subsections (d) through (f)
as subsections (c) through (e), respectively; and
(6) by amending subsection (c), as so redesig-
nated, to read as follows:
‘‘(c) 
TECHNICAL
ASSISTANCE
AND
ENFORCE-
MENT.—The Secretary shall—
‘‘(1) provide technical assistance, as the Sec-
retary finds necessary, to local educational agencies,
parents, and Indian tribes to enable them to carry
out this section;
‘‘(2) recommend activities for local educational
agencies to carry out using funds provided under
section 8003 to increase tribal and parental involve-
ment; and
‘‘(3) enforce this section through such action
(which may include the withholding of funds) as the
Secretary finds appropriate, after affording the
agency, parents, and affected Indian tribes an op-
portunity to present their views.’’.
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APPLICATIONS FOR PAYMENTS UNDER SECTIONS 8002
AND 8003
SEC. 805. Section 8005 of the ESEA is amended—
(1) in subsection (b)(2), by striking out ‘‘chil-
dren residing on Indian lands’’ and inserting in lieu
thereof ‘‘Indian community participation’’; and
(2) in subsection (d)—
(A) in paragraph (2), by striking out ‘‘ex-
cept that, notwithstanding section 8003(e),’’
and inserting in lieu thereof ‘‘except that’’; and
(B) by striking out paragraph (4).
PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES
IN ATTENDANCE OF MILITARY DEPENDENTS
SEC. 806. Section 8006 of the ESEA is repealed.
CONSTRUCTION
SEC. 807. Section 8007 of the ESEA is amended to
read as follows:
‘‘CONSTRUCTION
‘‘SEC. 8007. (a) PAYMENTS AUTHORIZED.—From
the amount appropriated for each fiscal year under section
8014(a)(4), the Secretary shall make a payment, to assist
in the construction of school facilities, to each local edu-
cational agency—
‘‘(1) that receives a basic payment under sec-
tion 8003(b);
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‘‘(2) in which the number of children described
in section 8003(a)(1)(C) is at least 50 percent of the
number of children who were in average daily at-
tendance in the agency’s schools; and
‘‘(3) that meets the requirements of this sec-
tion.
‘‘(b) APPLICATION.—Each local educational agency
that wishes to receive a payment under this section shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the Sec-
retary may require, including—
‘‘(1) a description of the agency’s assessment of
its school-construction needs and the results of that
assessment; and
‘‘(2) the agency’s plan for the use of the funds
for which it is applying.
‘‘(c) AMOUNT OF PAYMENTS.—The amount of a local
educational agency’s payment under this section shall bear
the same ratio to the amount available for all such pay-
ments as the number of children described in section
8003(a)(1)(C) for that agency bears to the total number
of those children for all agencies eligible for such a pay-
ment.
‘‘(d) FEDERAL SHARE.—(1) The Federal share of a
project under this section may not exceed 50 percent.
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‘‘(2) The Secretary shall not obligate funds
under this section with respect to an eligible local
educational agency until the Secretary is satisfied
that the agency will provide the non-Federal share
of the cost of the project.
‘‘(3) Any funds that are not obligated with re-
spect to a local educational agency within three
years of the approval of its application under this
section shall be reallocated to other eligible agencies.
‘‘(e) USE OF FUNDS.—A local educational agency
shall use funds received under this section only for—
‘‘(1) 
construction, 
as 
defined 
in 
section
8013(3); and
‘‘(2) minimum initial equipment necessary for
the operation of a new or renovated school facility.’’.
FACILITIES
SEC. 808. Section 8008(a) of the ESEA is amended
by striking out ‘‘section 8014(f)’’ and inserting in lieu
thereof ‘‘section 8014(a)(5)’’.
STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID
SEC. 809. Section 8009 of the ESEA is amended—
(1) in subsection (a)(1), by striking out ‘‘or
under’’ and all that follows through ‘‘of 1994)’’;
(2) by amending subsection (b)(1) to read as
follows:
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‘‘(1) IN GENERAL.—A State may reduce State
aid to a local educational agency that receives a pay-
ment under section 8002 or section 8003(b) (except
the amount calculated in excess of 1.0 under section
8003(a)(2)(B)) for any fiscal year only if the Sec-
retary determines, and certifies under subsection
(c)(3)(A), that—
‘‘(A) the State has in effect a program of
State aid that equalizes expenditures for free
public education among local educational agen-
cies in the State; and
‘‘(B) the average per-pupil expenditure in
the State is at least 80 percent of the average
such expenditure in the 50 States and the Dis-
trict of Columbia.’’; and
(3) in subsection (d)—
(A) in paragraph (1)—
(i) by striking out ‘‘or under’’ and all
that follows through ‘‘of 1994)’’; and
(ii) in subparagraph (B), by striking
out ‘‘or under’’ and all that follows
through ‘‘of 1994)’’; and
(B) in paragraph (2), by striking out ‘‘or
under’’ and all that follows through ‘‘of 1994)’’.
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FEDERAL ADMINISTRATION
SEC. 810. Section 8010 of the ESEA is amended by
striking out subsection (c).
ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW
SEC. 811. Section 8011(a) of the ESEA is amended
by striking out ‘‘or under’’ and all that follows through
‘‘of 1994)’’ and inserting in lieu thereof ‘‘or under its
predecessor authorities’’.
FORGIVENESS OF OVERPAYMENTS
SEC. 812. Section 8012 of the ESEA is amended by
striking out ‘‘under the’’ and all that follows through ‘‘of
1994)’’ and inserting in lieu thereof ‘‘under its prede-
cessor authorities’’.
DEFINITIONS
SEC. 813. Section 8013 of the ESEA is amended—
(1) in paragraph (4), by striking out ‘‘and title
VI’’;
(2) in paragraph (5)—
(A) in subparagraph (A)—
(i) by striking out ‘‘subparagraphs
(B) through (F)’’ and inserting in lieu
thereof ‘‘subparagraphs (B) through (D)’’;
(ii) in clause (ii)(V), by striking out
‘‘as described in paragraph (10)’’ and in-
serting in lieu thereof ‘‘as described in
clause (iii)’’; and
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(iii) by amending clause (iii) to read
as follows:
‘‘(iii)(I) part of a low-income housing
project assisted under the United States
Housing Act of 1937; or
‘‘(II) 
affordable 
housing 
assisted
under the Native American Housing As-
sistance and Self-Determination Act of
1996; or’’; and
(B) by striking out subparagraphs (B) and
(F) and redesignating subparagraphs (C)
through (E) as subparagraphs (B) through (D),
respectively;
(3) in paragraph (7), by striking out ‘‘or
(5)(F)’’;
(4) in paragraph (8)(B), by striking out ‘‘all
States’’ and inserting in lieu thereof ‘‘the 50 States
and the District of Columbia’’;
(5) in paragraph (9)(B)(i), by striking out ‘‘or
the Act’’ and all that follows through ‘‘of 1994)’’
and inserting in lieu thereof ‘‘(or under its prede-
cessor authority)’’;
(6) by striking out paragraphs (10) and (11);
and
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(7) by redesignating paragraph (12) as para-
graph (10).
AUTHORIZATION OF APPROPRIATIONS
SEC. 814. Section 8014 of the ESEA is amended to
read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 8014. (a) There are authorized to be appro-
priated such sums as may be necessary for fiscal year
2001 and for each of the four succeeding fiscal years to
carry out each of the following provisions of this title:
‘‘(1) Section 8002, payments for Federal acqui-
sition of real property.
‘‘(2) Section 8003(b), basic payments; and sec-
tion 8003(f), payments for heavily impacted local
educational agencies.
‘‘(3) Section 8003(d), payments for children
with disabilities.
‘‘(4) Section 8007, construction.
‘‘(5) Section 8008, facilities maintenance.
‘‘(b) Funds appropriated to carry out sections 8007
and 8008 shall be available to the Secretary until ex-
pended.’’.
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TITLE IX—INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION
PART A—INDIAN EDUCATION
FINDINGS AND PURPOSE
SEC. 901. Sections 9101(1)(C), 9102(a), and
9102(b)(1) of the ESEA are each amended by striking
out ‘‘special’’ and inserting in lieu thereof ‘‘unique’’.
GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 902. Section 9112(b)(2) of the ESEA is amend-
ed by inserting a comma and ‘‘except that any such tribe
is not subject to section 9114(c)(4) (parent committee),
section 9117(c) (maintenance of effort), or section 9118
(State review of applications)’’ before the period at the
end thereof.
AMOUNT OF GRANTS
SEC. 903. Section 9113 of the ESEA is amended—
(1) in subsection (b)(2), by striking out ‘‘Act’’
and inserting in lieu thereof ‘‘subpart’’; and
(2) by amending subsection (d) to read as fol-
lows:
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) In addition to the
grants awarded under subsection (a), and subject to sub-
section (e), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of—
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‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
mination Act or the Tribally Controlled Schools
Act of 1988; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
‘‘(2) Any school described in paragraph (1) that wish-
es to receive an allocation under this subpart shall submit
an application in accordance with section 9114, and shall
otherwise be treated as a local educational agency for the
purpose of this subpart, except that it shall not be subject
to section 9114(c)(4) (parent committee), section 9117(c)
(maintenance of effort), or section 9118 (State review of
applications).’’.
APPLICATIONS
SEC. 904. Section 9114 of the ESEA is amended—
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(1) in subsection (b)(2), by amending subpara-
graph (A) to read as follows:
‘‘(A) is consistent with State and local
plans under other provisions of this Act; and’’;
(2) by amending subsection (c)(3)(A) to read as
follows:
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs
of the American Indian and Alaska Native stu-
dents to whom the local educational agency is
providing an education;’’ and
(3) in paragraph (4)—
(A) by amending subparagraph (B) to read
as follows:
‘‘(B) a majority of whose members are
parents of Indian children;’’ and
(B) in subparagraph (D)(ii), by striking
out ‘‘will not diminish’’ and inserting in lieu
thereof ‘‘will enhance’’.
AUTHORIZED SERVICES AND ACTIVITIES
SEC. 905. Section 9115(b) of the ESEA is
amended—
(1) in paragraph (5), by striking out ‘‘Applied
Technology Education Act’’ and inserting in lieu
thereof ‘‘Technical Education Act of 1998’’;
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(2) in paragraph (6), by striking out ‘‘and’’ at
the end thereof;
(3) in paragraph (7), by striking out the period
at the end thereof and inserting in lieu thereof a
semicolon and ‘‘and’’; and
(4) by adding at the end thereof paragraphs (8)
through (11) to read as follows:
‘‘(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
‘‘(9) 
activities 
that 
incorporate 
American
Indian- and Alaska Native-specific curriculum con-
tent, consistent with State standards, into the cur-
riculum used by the local educational agency;
‘‘(10) activities to promote coordination and
collaboration between tribal, Federal, and State pub-
lic schools in areas that will improve American In-
dian and Alaska Native student achievement; and
‘‘(11) activities that addresses the special needs
of American Indian and Alaska Native students who
are gifted and talented.’’.
STUDENT ELIGIBILITY FORMS
SEC. 906. Section 9116 of the ESEA is amended—
(1) in subsection (f)—
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(A) in the second sentence of paragraph
(1)(A), by inserting ‘‘the’’ before ‘‘size’’; and
(B) in paragraph (3), by striking out ‘‘sub-
section (d)’’ and inserting in lieu thereof ‘‘sub-
section (a)’’;
(2) by amending subsection (g) to read as fol-
lows:
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—
Notwithstanding any other provision of this section, the
Secretary, in awarding funds under this subpart to a tribal
school that receives a grant or contract from the Bureau
of Indian Affairs, shall use only one of the following, as
selected by the school:
‘‘(1) A count of the number of students in those
schools certified by the Bureau.
‘‘(2) A count of the number of students for
whom the school has eligibility forms that comply
with this section.’’; and
(3) by adding at the end thereof a new sub-
section (h) to read as follows:
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of
determining the number of children to be counted in calcu-
lating the amount of a local educational agency’s grant
under this subpart (other than in the case described in
subsection (g)(1)), the local educational agency shall—
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‘‘(1) establish a date on, or a period not longer
than 31 consecutive days during which, the agency
counts those children, so long as that date or period
occurs before the deadline established by the Sec-
retary for submitting an application under section
9114; and
‘‘(2) determine that each such child was en-
rolled, and receiving a free public education, in a
school of the agency on that date or during that pe-
riod, as the case may be.’’.
PAYMENTS
SEC. 907. Section 9117(b) of the ESEA is amended
by striking out ‘‘(or under subpart 1 of the Indian Edu-
cation Act of 1988)’’.
STATE EDUCATIONAL AGENCY REVIEW
SEC. 908. Section 9118 of the ESEA is amended to
read as follows:
‘‘STATE EDUCATIONAL AGENCY REVIEW
‘‘SEC. 9118. Before submitting an application to the
Secretary under section 9114, a local educational agency
shall submit it to the State educational agency, which may
comment on it. If the State educational agency comments
on the application, it shall comment on all applications
submitted by local educational agencies in the State and
shall provide those comments to the respective local edu-
cational agencies, with an opportunity to respond.’’.
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IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN
SEC. 909. Section 9121(d)(2) of the ESEA is
amended—
(1) in subparagraph (A), by striking out ‘‘sub-
section’’ and inserting in lieu thereof ‘‘section’’; and
(2) in subparagraph (B)—
(A) by inserting a comma and ‘‘other than
an application for a dissemination grant under
paragraph (1)(D),’’ after ‘‘subparagraph (A)’’;
(B) in clause (ii), by striking out ‘‘and’’ at
the end thereof;
(C) by redesignating clause (iii) as clause
(v); and
(D) by inserting new clauses (iii) and (iv)
to read as follows:
‘‘(iii) information demonstrating that
the proposed program is either a research-
based program or such a program that has
been modified to be culturally appropriate
for the students who will be served;
‘‘(iv) a description of how the appli-
cant will incorporate the proposed services
into the ongoing school program once the
grant period is over; and’’.
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PROFESSIONAL DEVELOPMENT
SEC. 910. Section 9122 of the ESEA is amended—
(1) in subsection (e)—
(A) by striking out paragraph (2); and
(B) by striking out the subsection designa-
tion ‘‘(e)’’ and all that follows through ‘‘Each’’
and inserting in lieu thereof ‘‘(e) APPLICA-
TION.—Each’’;
(2) 
in 
subsection 
(h)(1), 
by 
inserting
‘‘preservice’’ after ‘‘receives’’; and
(3) by adding at the end thereof a new sub-
section (i) to read as follows:
‘‘(i) IN-SERVICE TRAINING FOR TEACHERS OF IN-
DIAN CHILDREN.—
‘‘(1) GRANTS AUTHORIZED.—In addition to the
grants authorized by subsection (c), the Secretary
may make grants to either of the following, in order
to provide high-quality in-service training to teachers
in local educational agencies with substantial num-
bers of Indian children enrolled in their schools:
‘‘(A) A consortium of a tribal college and
an institution of higher education that awards
a degree in education.
‘‘(B) A consortium of a tribal college or an
institution of higher education that awards a
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degree in education, or both, and one or more
elementary or secondary schools operated by an
Indian tribe or funded by the Bureau of Indian
Affairs, local educational agencies serving In-
dian children, or tribal educational agencies.
‘‘(2) USE OF FUNDS.—(A) A consortium that
receives a grant under paragraph (1) shall use the
grant funds only to provide high-quality in-service
training to teachers, including teachers who are not
Indian, in local educational agencies with substantial
numbers of Indian children enrolled in their schools,
in order to better meet the unique educational needs
of those children.
‘‘(B) The training described in subparagraph
(A) shall include such activities as preparing teach-
ers to use the best available research-based practices
and learning strategies, and to make the most effec-
tive use of curriculum and materials, that respond to
the unique needs of Indian children in their class-
rooms.
‘‘(3) SPECIAL
RULE.—Subsection (d) of this
section shall not apply to grants made under this
subsection.
‘‘(4) PREFERENCE FOR INDIAN APPLICANTS.—
In applying section 9153 to this subsection, the Sec-
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retary shall give a preference to any consortium that
includes one or more of the entities described in that
section.’’.
REPEAL OF AUTHORITIES
SEC. 911. Part A of title IX of the ESEA is further
amended—
(1) by striking out sections 9123, 9124, and
9125;
(2) by striking out subpart 3; and
(3) by redesignating subparts 4, 5, and 6 as
subparts 3, 4, and 5, respectively.
FEDERAL ADMINISTRATION
SEC. 912. (a) PEER REVIEW.—Section 9152 of the
ESEA is amended by striking out ‘‘subpart 2, 3, or 4’’
and inserting in lieu thereof ‘‘subpart 2 or 3’’.
(b) PREFERENCE FOR INDIAN APPLICANTS.—Section
9153 of the ESEA is amended by striking out ‘‘subpart
2, 3, or 4’’ and inserting in lieu thereof ‘‘subpart 2 or
3’’.
(c) MINIMUM GRANT CRITERIA.—Section 9154 of the
ESEA is amended by striking out ‘‘subpart 2 or 3’’ and
inserting in lieu thereof ‘‘subpart 2’’.
AUTHORIZATION OF APPROPRIATIONS
SEC. 913. Section 9162 of the ESEA is amended to
read as follows:
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‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 9162. (a) SUBPART 1.—For the purpose of
carrying out subpart 1 of this part, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2001 through 2005.
‘‘(b) SUBPARTS 2 AND 3.—For the purpose of car-
rying out subparts 2 and 3 of this part, there are author-
ized to be appropriated such sums as may be necessary
for each of the fiscal years 2001 through 2005.’’.
PART B—NATIVE HAWAIIAN EDUCATION
NATIVE HAWAIIAN EDUCATION
SEC. 921. Part B of title IX of the ESEA is
amended—
(1) by amending the heading thereof to read as
follows: ‘‘PART B—NATIVE HAWAIIAN EDUCATION’’;
(2) in section 9202(17), by inserting after the
first sentence the following: ‘‘Subsequent reports by
the Kamahameha School Bishop Estate and other
organizations have generally confirmed those find-
ings.’’;
(3) in section 9203(2), by striking out ‘‘on Na-
tive Hawaiian education,’’ and everything that fol-
lows through the end thereof and inserting in lieu
thereof ‘‘on Native Hawaiian education;’’;
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(4) by repealing sections 9204 through 9210
and inserting in lieu thereof a new section 9204 to
read as follows:
‘‘PROGRAM AUTHORIZED
‘‘SEC. 9204. (a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is
authorized to make grants to, or enter into contracts
with, Native Hawaiian educational organizations;
Native Hawaiian community-based organizations;
public and private nonprofit organizations, agencies,
or institutions with experience in developing or oper-
ating Native Hawaiian programs or programs of in-
struction in the Native Hawaiian language; and con-
sortia of such organizations, agencies, or institutions
to carry out programs that meet the purposes of this
part.
‘‘(2) 
PERMISSIBLE
ACTIVITIES.—Programs
under this part may include—
‘‘(A) the operation of one or more councils
to coordinate the provision of educational and
related services and programs available to Na-
tive Hawaiians;
‘‘(B) the operation of family-based edu-
cation centers that provide such services as—
‘‘(i) programs for parents and their
infants from prenatal through age three;
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‘‘(ii) preschool programs; and
‘‘(iii) research on, development of, and
assessment of family-based, early child-
hood, and preschool programs for Native
Hawaiians;
‘‘(C) activities to enable Native Hawaiians
to enter and complete programs of postsec-
ondary education, including—
‘‘(i) full or partial scholarships for un-
dergraduate or graduate study that are
awarded to students based on their aca-
demic promise and financial need, with a
priority, at the graduate level, given to
professions in which Native Hawaiians are
underrepresented;
‘‘(ii) counseling and support services
for students receiving scholarship assist-
ance;
‘‘(iii) counseling and guidance for Na-
tive Hawaiian secondary students who have
the potential to receive scholarships; and
‘‘(iv) faculty development activities de-
signed to promote the matriculation of Na-
tive Hawaiian students;
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‘‘(D) activities that address the special
needs of Native Hawaiian students who are
gifted and talented, including—
‘‘(i) educational, psychological, and
developmental activities designed to assist
in the educational progress of those stu-
dents; and
‘‘(ii) activities that involve the parents
of those students in a manner designed to
assist 
in 
the 
students’ 
educational
progress;
‘‘(E) activities to meet the special needs of
Native Hawaiian students with disabilities,
including—
‘‘(i) the identification of such stu-
dents, and of their needs;
‘‘(ii) the provision of support services
to the families of those students; and
‘‘(iii) other activities consistent with
the requirements of the Individuals with
Disabilities Education Act.
‘‘(F) the development of academic and vo-
cational curricula to address the needs of Na-
tive Hawaiian children and adults, including
curriculum materials in the Hawaiian language
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and mathematics and science curricula that in-
corporate Native Hawaiian tradition and cul-
ture;
‘‘(G) professional development activities for
educators, including—
‘‘(i) the development of programs to
prepare prospective teachers to address the
unique needs of Native Hawaiian students
within the context of Native Hawaiian cul-
ture, language, and traditions;
‘‘(ii) in-service programs to improve
the ability of teachers who teach in schools
with concentrations of Native Hawaiian
students to meet those students’ unique
needs; and
‘‘(iii) recruiting and preparing Native
Hawaiians, and other individuals who live
in communities with a high concentration
of Native Hawaiians, to become teachers;
‘‘(H) the operation of community-based
learning centers that address the needs of na-
tive 
Hawaiian 
families 
and 
communities
through the coordination of public and private
programs and services, including—
‘‘(i) preschool programs;
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‘‘(ii) after-school programs; and
‘‘(iii) vocational and adult education
programs;
‘‘(I) research and data-collection activities
to determine the educational status and needs
of Native Hawaiian children and adults;
‘‘(J) other research and evaluation activi-
ties related to programs under this part; and
‘‘(K) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
‘‘(3) PRIORITIES.—In awarding grants or con-
tracts to carry out activities described in paragraphs
(2)(F) and (2)(G), the Secretary shall give priority
to projects that—
‘‘(A) focus on the needs of at-risk youth;
and
‘‘(B) use the Hawaiian language in in-
struction.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2001 through 2005
to carry out this part.’’;
(5) in section 9211, by amending subsection (b)
to read as follows:
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‘‘(b) SPECIAL RULE.—Each applicant for a grant or
contract under this part shall submit its application for
comment to each local educational agency serving students
who will participate in the project and include those com-
ments, if any, with its application to the Secretary.’’;
(6) in section 9212, by—
(A) striking out paragraphs (3) and (5);
and
(B) redesignating paragraphs (4) and (6)
as paragraphs (3) and (4), respectively; and
(7) by redesignating section 9211 and section
9212 as section 9205 and section 9206, respectively.
PART C—ALASKA NATIVE EDUCATION
ALASKA NATIVE EDUCATION
SEC. 931. Part C of title IX of the ESEA is
amended—
(1) by repealing sections 9304 through 9306
and inserting in lieu thereof a new section 9304 to
read as follows:
‘‘PROGRAM AUTHORIZED
‘‘SEC. 9304. (a) GENERAL AUTHORITY.—
‘‘(1) PROGRAM AUTHORIZED.—The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational enti-
ties with experience in developing or operating Alas-
ka Native programs or programs of instruction con-
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ducted in Alaska Native languages, and consortia of
such organizations and entities to carry out pro-
grams that meet the purpose of this part.
‘‘(2) 
PERMISSIBLE
ACTIVITIES.—Programs
under this part may include—
‘‘(A) the development and implementation
of plans, methods, and strategies to improve the
education of Alaska Natives;
‘‘(B) the development of curricula and edu-
cational programs that address the educational
needs of Alaska Native students, including—
‘‘(i) curriculum materials that reflect
the cultural diversity or the contributions
of Alaska Natives;
‘‘(ii) instructional programs that make
use of Native Alaskan languages; and
‘‘(iii) networks that introduce success-
ful programs, materials, and techniques to
urban and rural schools;
‘‘(C) professional development activities for
educators, including—
‘‘(i) programs to prepare teachers to
address the cultural diversity and unique
needs of Alaska Native students;
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‘‘(ii) in-service programs to improve
the ability of teachers to meet the unique
needs of Alaska Native students; and
‘‘(iii) recruiting and preparing teach-
ers who are Alaska Natives, reside in com-
munities with high concentrations of Alas-
ka Native students, or are likely to succeed
as teachers in isolated, rural communities
and engage in cross-cultural instruction;
‘‘(D) the development and operation of
home instruction programs for Alaska Native
preschool children, the purpose of which is to
ensure the active involvement of parents in
their children’s education from the earliest
ages;
‘‘(E) the development and operation of stu-
dent enrichment programs in science and math-
ematics that—
‘‘(i) are designed to prepare Alaska
Native students from rural areas, who are
preparing to enter high school, to excel in
science and math; and
‘‘(ii) provide appropriate support serv-
ices to the families of such students that
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are needed to enable such students to ben-
efit from the program;
‘‘(F) research and data-collection activities
to determine the educational status and needs
of Alaska Native children and adults;
‘‘(G) other research and evaluation activi-
ties related to programs under this part; and
‘‘(H) other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
‘‘(3) HOME
INSTRUCTION
PROGRAMS.—Home
instruction programs for Alaska Native preschool
children under paragraph (2)(D) may include—
‘‘(A) programs for parents and their in-
fants, from prenatal through age three;
‘‘(B) preschool programs; and
‘‘(C) training, education, and support for
parents in such areas as reading readiness, ob-
servation, storytelling, and critical thinking.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 2001 through 2005
to carry out this part.’’;
(2) in section 9307—
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(A) by amending subsection (b) to read as
follows:
‘‘(b) APPLICATIONS.—State and local educational
agencies may apply for an award under this part only as
part of a consortium involving an Alaska Native organiza-
tion. This consortium may include other eligible appli-
cants.’’;
(B) by amending subsection (d) to read as
follows:
‘‘(d) LOCAL
EDUCATIONAL
AGENCY
COORDINA-
TION.—Each applicant for an award under this part shall
inform each local educational agency serving students who
would participate in the project about its application.’’;
and
(C) by striking out subsection (e); and
(3) by redesignating section 9307 and section
9308 as section 9305 and section 9306, respectively.
TITLE X—PROGRAMS OF NATIONAL
SIGNIFICANCE
FUND FOR THE IMPROVEMENT OF EDUCATION
SEC. 1001. Part A of title X of the ESEA is
amended—
(1) in section 10101—
(A) in subsection (a)—
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(i) by striking out ‘‘National Edu-
cation Goals’’ and inserting in lieu thereof
‘‘America’s Education Goals’’; and
(ii) by inserting ‘‘elementary and sec-
ondary’’ immediately after ‘‘improve the
quality of’’;
(B) by amending subsection (b) to read as fol-
lows:
‘‘(b) USE OF FUNDS.—Funds under this section may
be used for—
‘‘(1) development, evaluation, and other activi-
ties that are designed to—
‘‘(A) improve the quality of elementary and
secondary education;
‘‘(B) assist all students to meet chal-
lenging State standards; and
‘‘(C) contribute to the achievement of
America’s Education goals;
‘‘(2) the development, implementation, and
evaluation of programs that are designed to foster
student community service, encourage responsible
citizenship and improve academic learning, and give
students the opportunity to apply what they learn in
the classroom to meet actual community needs;
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‘‘(3) the identification and recognition of exem-
plary schools and programs, such as Blue Ribbon
Schools;
‘‘(4) activities to study and implement strate-
gies for creating smaller learning communities;
‘‘(5) programs under section 10102 and section
10103;
‘‘(6) activities to promote family involvement in
education; and
‘‘(7) other programs and projects that meet the
purposes of this section.’’;
(C) by amending subsection (c) to read as
follows:
‘‘(c) AWARDS.—(1) The Secretary may—
‘‘(A) make awards under this section on the
basis of competitions announced by the Secretary;
and
‘‘(B) support meritorious unsolicited proposals.
‘‘(2) An applicant for an award under this section,
shall—
‘‘(A) establish clear goals and objectives for its
project under this part; and
‘‘(B) describe the activities it will carry out in
order to meet the goals and objectives of its project.
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‘‘(3) A recipient of an award under this section shall
evaluate the effectiveness of its project’s activities in
achieving the goals and objectives stated in its application.
‘‘(4) A recipient of an award under this section shall
report to the Secretary such information as may be re-
quired, including evidence of its progress towards meeting
the goals and objectives of its project, in order to deter-
mine the effectiveness of its project under this section.
‘‘(5) The Secretary may—
‘‘(A) require recipients of awards under this
section to provide matching funds from non-Federal
sources; and
‘‘(B) limit competitions to particular types of
entities, such as State or local educational agencies.
‘‘(6) The Secretary shall use a peer review process
in reviewing applications for assistance under this section
and may use funds appropriated under subsection (d) for
the cost of such peer review.’’; and
(D) by amending subsection (d) to read as
follows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for fis-
cal year 2001 and each of the four succeeding fiscal
years.’’;
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(E) by redesignating subsection (d), as
amended by subparagraph D, as subsection (e)
and inserting a new subsection (d) to read as
follows:
‘‘(d) EVALUATION AND PROGRAM DEVELOPMENT.—
(1) Each recipient of a grant under this section shall sub-
mit to the Secretary a comprehensive evaluation of the ef-
fects of its program assisted under this part, including its
impact on students, teachers, administrators, parents and
others—
‘‘(A) at the mid-point of the program; and
‘‘(B) not later than one year after completion of
the program.
‘‘(2) Evaluations under this subsection shall focus on
the effectiveness of the program in achieving its goals and
objectives.’’;
(2) by repealing section 10102;
(3) by amending section 10103 to read as fol-
lows:
‘‘STATE AND LOCAL CHARACTER EDUCATION PROGRAM
‘‘SEC. 10103. (a) PROGRAM AUTHORIZED.—(1) The
Secretary may make grants to State educational agencies,
local educational agencies, or consortia of such educational
agencies for the design and implementation of character
education programs.
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‘‘(2) Each grant under this section shall be awarded
for a period not to exceed five years, of which the recipient
shall use not more than one year for planning and pro-
gram design.
‘‘(b) APPLICATIONS.—(1) Each applicant desiring a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Sec-
retary may require.
‘‘(2) Each application under this section shall
include—
‘‘(A) a description of any partnerships and
other collaborative efforts between the applicant and
other educational agencies;
‘‘(B) a description of the program’s goals and
objectives;
‘‘(C) a description of the activities the applicant
will carry out, and how these activities are designed
to meet the program’s goals and objectives under
subparagraph (B), including—
‘‘(i) how parents, students, and other
members of the community, including members
of private and nonprofit organizations, will be
involved in the design and implementation of
the program;
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‘‘(ii) the curriculum and instructional prac-
tices that will be used or developed; and
‘‘(iii) the methods of teacher training and
parent education that will be used or developed;
‘‘(D) a description of how the program will be
linked to other efforts to improve educational out-
comes, including—
‘‘(i) broader educational reforms that are
being instituted by the applicant or its partners;
and
‘‘(ii) applicable State and local standards
for student performance;
‘‘(E) a description of how the applicant will
evaluate the progress of its program in meeting the
goals and objectives under subparagraph (B), includ-
ing the performance indicators that will be used to
measure progress; and
‘‘(F) such other information as the Secretary
may require.
‘‘(c) DIVERSITY OF PROJECTS.—The Secretary shall
make awards under this section that, to the extent prac-
ticable, support programs that serve different geographic
areas of the Nation, including urban, suburban, and rural
areas.’’;
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(4) by redesignating section 10103, as amended
by paragraph (3), as section 10102 and adding a
new section 10103 to read as follows:
‘‘CHARACTER EDUCATION RESEARCH, DISSEMINATION,
AND EVALUATION
‘‘SEC. 10103. (a) PROGRAM AUTHORIZED.—The Sec-
retary is authorized to make grants, or enter into con-
tracts or cooperative agreements with, State educational
agencies, local educational agencies, institutions of higher
education, tribal organizations, and other public or private
agencies or organizations to carry out research, develop-
ment, dissemination, technical assistance, and evaluation
activities that support or inform character education pro-
grams under section 10102.
‘‘(b) USE OF FUNDS.—Consistent with subsection
(a), funds under this section may be used—
‘‘(1) to conduct research and development ac-
tivities that focus on such matters as—
‘‘(A) the effectiveness of instructional mod-
els;
‘‘(B) materials and curricula that can be
used by programs in character education;
‘‘(C) models of professional development in
character education; and
‘‘(D) the development of outcome measures
for character education programs;
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‘‘(2) to provide technical assistance to the agen-
cies receiving awards under section 10102, particu-
larly on matters of program evaluation;
‘‘(3) to conduct a national evaluation of pro-
grams under section 10102; and
‘‘(4) to compile and disseminate, through var-
ious approaches, such as a national clearinghouse—
‘‘(A) information on model character edu-
cation programs;
‘‘(B) character education materials and
curricula;
‘‘(C) research findings in the area of char-
acter education and character development; and
‘‘(D) any other information that will be
useful to character education program partici-
pants and other educators and administrators,
nationwide.’’; and
(5) by repealing section 10104, section 10105,
section 10106, and section 10107.
GIFTED AND TALENTED CHILDREN
SEC. 1002. Part B of title X of the ESEA is
amended—
(1) in section 10201, by striking out ‘‘of 1994’’;
(2) in section 10204(c), by adding at the end
thereof a new paragraph (3) to read as follows:
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‘‘(3) DISSEMINATION.—The National Center
shall focus the dissemination of the results of its ac-
tivities under subsection (b)(7) to schools with high
percentages of economically disadvantaged stu-
dents.’’;
(3) by amending section 10206(b) to read as
follows:
‘‘(b) 
REVIEW
AND
DISSEMINATION.—The
Secretary—
‘‘(1) shall use a peer review process in review-
ing applications under this part;
‘‘(2) shall ensure that the information on the
activities and results of programs and projects fund-
ed under this part is disseminated to appropriate
State and local agencies and other appropriate orga-
nizations, including private nonprofit organizations;
and
‘‘(3) may evaluate the effectiveness of programs
under this part in accordance with section 11801 of
this Act.’’; and
(4) by amending section 10207 to read as fol-
lows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10207.—For the purpose of carrying out this
part, there are authorized to be appropriated such sums
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as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years.’’.
INTERNATIONAL EDUCATION PROGRAM
SEC. 1003. Title VI of Goals 2000: Educate America
Act (P.L. 103–227) is amended—
(1) in section 601(c)(6) to read as follows:
‘‘(6) DEFINITIONS.—For the purposes of this
subsection, the term ‘eligible country’ means a Cen-
tral European country, an Eastern European coun-
try, Lithuania, Latvia, Estonia, Georgia, the Repub-
lic of Ireland, the province of Northern Ireland in
the United Kingdom of Great Britain, the Common-
wealth of Independent States, any country that for-
merly was a republic of the Soviet Union whose po-
litical independence is recognized by the United
States, and any other emerging democracy in a de-
veloping country. For the purpose of this definition,
the term ‘developing country’ shall have the same
meaning given it in the Education of the Deaf Act.’’;
(2) by amending section 601(d) to read as fol-
lows:
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for fis-
cal year 2001 and each of the four succeeding fiscal
years.’’; and
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(3) by redesignating such title and section as
part C of title X of the ESEA and section 10301,
respectively.
ARTS IN EDUCATION
SEC. 1004. Part D of title X of the ESEA is
amended—
(1) by striking out the heading and designation
of subpart 1;
(2) in section 10401—
(A) in subsection (d)—
(i) by redesignating paragraphs (9)
and (10) as paragraphs (10) and (11), re-
spectively; and
(ii) by inserting immediately after
paragraph (8) the following new para-
graph:
‘‘(9) supporting model arts and cultural pro-
grams for at-risk children and youth, particularly
programs that use arts and culture to promote stu-
dents’ academic progress;’’; and
(B) by amending subsection (f) to read as
follows:
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this part, there are authorized to
be appropriated such sums as may be necessary for fiscal
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year 2001 and each of the four succeeding fiscal years.’’;
and
(3) by repealing subpart 2.
INEXPENSIVE BOOK DISTRIBUTION PROGRAM
SEC. 1005. Section 10501(e) of the ESEA is amend-
ed by striking out ‘‘$10,300,000 for fiscal year 1995 and
such sums as may be necessary’’ and inserting in lieu
thereof ‘‘such sums as may be necessary for fiscal year
2001 and’’.
CIVIC EDUCATION
SEC. 1006. Part F of title X of the Elementary and
Secondary Education Act of 1965 is amended—
(1) by repealing section 10602;
(2) by amending section 10603 to read as fol-
lows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10603. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years.’’; and
(3) by redesignating section 10603, as amended
by paragraph (2), as section 10602.
ALLEN J. ELLENDER FELLOWSHIP PROGRAM
SEC. 1007. Part G of title X of the Elementary and
Secondary Education Act of 1965 is repealed.
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21ST CENTURY COMMUNITY LEARNING CENTERS
SEC. 1008. Part I of title X of the ESEA is
amended—
(1) in section 10902(2), by striking out ‘‘should
collaborate’’ and inserting in lieu thereof ‘‘must col-
laborate’’;
(2) in section 10903—
(A) by amending subsection (a) to read as
follows:
‘‘(a) GRANTS BY THE SECRETARY.—(1) The Sec-
retary is authorized, in accordance with paragraph (2), to
award grants to community-based organizations and local
educational agencies, on behalf of public elementary or
secondary schools in inner-cities, small cities, and rural
areas, that serve communities with a substantial need for
expanded learning opportunities because—
‘‘(A) they have a high proportion of low-achiev-
ing students;
‘‘(B) they lack resources to establish or expand
after-school centers that benefit the educational,
health, social service, cultural, and recreational
needs of the community; or
‘‘(C) they have other needs consistent with the
purposes of this part.
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‘‘(2) The Secretary may reserve up to 10 percent of
the funds appropriated to carry out this part for any fiscal
year to make grants to community-based organizations to
carry out projects, consistent with the purposes of this
part and with subsection (c).’’;
(B) by amending subsection (b) to read as fol-
lows:
‘‘(b) 
EQUITABLE
DISTRIBUTION.—In 
awarding
grants under this part, the Secretary shall ensure an equi-
table distribution of assistance among the States and
among urban and rural areas of the United States.’’; and
(C) in subsection (c), by striking out ‘‘3 years’’
and inserting in lieu thereof ‘‘5 years’’;
(3) in section 10904—
(A) in subsection (a)—
(i) in the matter preceding paragraph
(1), by striking out ‘‘an elementary or sec-
ondary school or consortium’’ and inserting
in lieu thereof ‘‘a local educational agency,
on behalf of one or more elementary or
secondary schools, or a community-based
organization’’;
(ii) in paragraph (1), by striking out
‘‘the school or consortium’’ and inserting
in lieu thereof ‘‘the applicant’’;
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(iii) in paragraph (2), by striking out
‘‘and’’ at the end thereof;
(iv) in paragraph (3)—
(I) in subparagraph (C),
(aa) by inserting ‘‘schools,’’
immediately after ‘‘undertaken
by’’; and
(bb) by inserting a comma
and ‘‘in order to promote com-
munity involvement in the plan-
ning and implementation of serv-
ices provided under this part’’
immediately after ‘‘appropriate
organizations’’;
(II) in subparagraph (D), by
striking out ‘‘the school or consor-
tium’’ and inserting in lieu thereof
‘‘the applicant’’; and
(III) in subparagraph (E), by—
(aa) striking out ‘‘the school
or consortium’’ and inserting in
lieu thereof ‘‘the applicant’’; and
(bb) striking out the period
at the end thereof and inserting
in lieu thereof a semi-colon; and
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(v) by adding, at the end thereof, the
following new paragraphs (4), (5), and (6):
‘‘(4) information demonstrating that the appli-
cant will provide at least 50 percent of the cost of
the project from other sources, which may include
other Federal funds and may be provided in cash or
in-kind, fairly evaluated;
‘‘(5) an assurance that the applicant will, in
each year of the project, expend, from non-Federal
sources, at least as much for the services under this
part as it expended for the preceding year; and
‘‘(6) information demonstrating how the appli-
cant will continue the project after completion of the
grant.’’;
(B) by amending subsection (b) to read as
follows:
‘‘(b) PRIORITY.—The Secretary shall give priority to
applications that describe projects that—
‘‘(1) offer a broad selection of services that ad-
dress the needs of the community; and
‘‘(2) offer significant, expanded learning oppor-
tunities for children and youth in the community.’’;
and
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(C) by further amending section 10904 by
adding at the end thereof a new subsection (c),
to read as follows:
‘‘(c) SPECIAL RULE.—An application submitted by a
community-based organization shall contain evidence that
affected local educational agencies concur with the pro-
posed project.’’;
(4) in section 10905, by striking out ‘‘may be
used to plan, implement, or expand community
learning centers which include not less than four’’
and inserting in lieu thereof ‘‘shall be used to estab-
lish or expand community learning centers that pro-
vide activities that offer significant expanded learn-
ing opportunities, such as before and after school,
for children and youth in the community, and that
may also include any’’;
(5) by amending section 10906 to read as fol-
lows:
‘‘SEC. 10906. (a) COMMUNITY LEARNING CENTER.—
For the purpose of this part, the term ‘community learn-
ing center’ means an entity that—
‘‘(1) provides expanded learning opportunities,
and may also provide services that address health,
social service, cultural, and recreational needs of the
community; and
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‘‘(2) is operated in conjunction with local gov-
ernmental agencies, businesses, vocational education
programs, institutions of higher education, commu-
nity colleges, and cultural, recreational, and other
community and human service entities.
‘‘(b) SPECIAL RULE.—In the case of a community
learning center operated by a local educational agency, the
center shall be located within a public elementary or sec-
ondary school building.’’;
(6) by amending section 10907 to read as fol-
lows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10907. For the purposes of carrying out this
part, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years.’’;
(7) by adding at the end thereof the following
new section 10908:
‘‘CONTINUATION AWARDS
‘‘SEC. 10908. The Secretary may use funds under
this part to make continuation awards for projects that
were funded with fiscal year 1999 and 2000 funds, under
the terms and conditions that applied to the original
awards for those projects.’’; and
(8) by redesignating—
(A) part I as part G; and
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(B) sections 10901 through 10908, as
amended by this section, as sections 10701
through 10708, respectively.
URBAN AND RURAL EDUCATION ASSISTANCE
SEC. 1009. Part J of title X of the Elementary and
Secondary Education Act of 1965 is repealed.
HIGH SCHOOL REFORM
SEC. 1010. Title X of the ESEA is further amended
by inserting after part G, as redesignated by section
1008(8)(A), a new part H to read as follows:
‘‘PART H—HIGH SCHOOL REFORM
‘‘FINDINGS AND PURPOSES
‘‘SEC. 10801. (a) FINDINGS.—The Congress finds as
follows:
‘‘(1) All high school students must obtain the
academic foundations needed for further education
and training, and to succeed in an economy that is
increasingly characterized by global competition,
evolving technologies, and high demands for a
skilled, literate, and adaptable workforce.
‘‘(2) To be effective, high schools must not only
prepare students academically, they must also en-
sure that students are connecting with adults and
are receiving the necessary supports to continue
their personal and interpersonal growth during this
critical transition stage.
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‘‘(3) Effective high schools are places where
students feel safe, the school is free of drugs, and
the classrooms are disciplined environments where
all students can learn. High schools are increasingly
larger places where students feel increasingly discon-
nected from adults and often from their peers, par-
ticularly in urban and suburban areas. Research
shows that when students feel connected to school
and to their parents, they are less likely than other
adolescents to suffer from emotional distress, have
suicidal thoughts and behaviors, use violence, and
smoke cigarettes, drink alcohol, or smoke marijuana.
‘‘(4) Research and national data collections in-
dicate that many high schools do not succeed in
meeting both the academic and developmental needs
of students. For example—
‘‘(A) more than 20 percent of Americans,
ages 25 through 29, do not have a regular high
school diploma;
‘‘(B) on the most recent international as-
sessment of mathematics and science knowl-
edge, the Third International Mathematics and
Science Study (TIMSS), American 12th-graders
outperformed students from only two of the 21
other participating Nations. A comparison of
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these assessment results with 4th-grade and
8th-grade TIMSS scores indicates that Amer-
ican students lose ground during the high
school years;
‘‘(C) recent results from National Assess-
ment of Educational Progress reading assess-
ments for 12th-graders indicate improvement in
the performance of higher-achieving students,
but no improvement in the scores for the low-
est-achieving students;
‘‘(D) the problems facing high schools are
particularly prevalent in schools that enroll con-
centrations of minority students and students
from low-income families; and
‘‘(E) relatively few high schools are under-
taking serious, standards-based educational re-
forms. For instance, most of the initiatives car-
ried out through the Comprehensive School Re-
form Demonstrations program have been at the
elementary level.
‘‘(5) Because of changes made by the Improv-
ing America’s Schools Act of 1994, high schools now
receive significantly more title I funding than was
the case before, and the number of high schools op-
erating title I schoolwide programs has increased.
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However, evaluations indicate that title I, by itself,
has not yet resulted in significant reforms in high
schools. High schools now have the opportunity to
use title I funds to leverage Federal, State, and local
funds to implement education reforms.
‘‘(6) High school reforms can be effective. For
example, schools participating in the Southern Re-
gional Education Board ‘High Schools that Work’
program, a whole-school, research-based reform ini-
tiative, have shown significant improvement in read-
ing and mathematics scores. The Johns Hopkins
University Talent Development model has dem-
onstrated promising results at its initial implementa-
tion site. The schools implementing locally based re-
forms and participating in the Department of Edu-
cation’s ‘New American High Schools’ initiative have
generally achieved improved outcomes in graduation,
attendance, and achievement.
‘‘(7) A variety of approaches to high school re-
form, geared to local conditions and needs, can be
effective. These approaches include ‘schools within
schools’ and other innovations that create smaller
learning environments and involve adults more fully
in the lives of students, ‘career academies’ and other
approaches that structure learning around careers,
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partnerships that pair schools with businesses or in-
stitutions of higher education, and reforms that re-
organize the school day. In addition, most successful
reforms include a strong focus on the professional
development of participating educators and provision
of in-depth academic, career, and college counseling.
‘‘(b) PURPOSES.—The purposes of this part are to—
‘‘(1) support the planning and implementation
of educational reforms in high schools, particularly
in urban and rural high schools that educate con-
centrations of students from low-income families, in
order to—
‘‘(A) meet the needs of students at risk of
failing to achieve to challenging standards, by
strengthening curriculum and instruction, offer-
ing extended learning opportunities, and pro-
viding professional development opportunities to
school staff; and
‘‘(B) improve title I schoolwide programs
in high schools;
‘‘(2) support the further development of edu-
cational reforms, designed specifically for high
schools, that—
‘‘(A) help students meet challenging State
standards; and
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‘‘(B) increase connections between stu-
dents and adults and provide safe learning envi-
ronments;
‘‘(3) create positive incentives for serious
change in high schools, by offering rewards to par-
ticipating schools that achieve significant improve-
ments in student achievement;
‘‘(4) increase the national knowledge base on
effective high school reforms by identifying the most
effective approaches and disseminating information
on those approaches so that they can be adopted na-
tionally; and
‘‘(5) support the implementation of reforms in
at least 5,000 American high schools by the year
2007.
‘‘GRANTS TO LOCAL EDUCATIONAL AGENCIES
‘‘SEC. 10802. (a) GRANTS AUTHORIZED.—The Sec-
retary may make grants to local educational agencies, on
a competitive basis, for activities, consistent with this part,
carried out in their high schools.
‘‘(b) DURATION.—Each grant under this section shall
be for a period of up to three years.
‘‘(c) LIMITATION.—The Secretary shall not provide
assistance under this part to any high school under more
than one grant.
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‘‘APPLICATIONS
‘‘SEC. 10803. (a) APPLICATIONS REQUIRED.—A
local educational agency that desires to receive a grant
under this part shall submit an application at such time,
in such manner, and containing such information as the
Secretary may determine.
‘‘(b) CONTENTS.—Each such application shall, for
each high school for which assistance is sought—
‘‘(1) identify the school and describe its need
for assistance under this part;
‘‘(2) include—
‘‘(A) a preliminary plan for grades above
8th grade in the school that describes the edu-
cational reforms that will take place, as well as
the specific activities to be carried out with
grant funds; and
‘‘(B) an assurance that the local edu-
cational agency will have a final plan for those
reforms and activities within six months of re-
ceiving a grant under this part; and
‘‘(3) demonstrate that a substantial percentage
of administrators, teachers, and students at the
school, as well as parents of students and other
members of the community, were (and will be) in-
volved in developing and carrying out that plan.
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‘‘SELECTION OF GRANTEES
‘‘SEC. 10804. (a) IN GENERAL.—The Secretary shall
select grantees, using a peer-review process, on the basis
of—
‘‘(1) the relative need of each high school for
which assistance is sought, considering such factors
as the percentage of students who are from low-in-
come families, student achievement data, dropout
rates, and attendance rates; and
‘‘(2) the quality of applications, including the
likelihood that the proposed reforms will succeed.
‘‘(b) APPLICATIONS FOR MORE THAN ONE HIGH
SCHOOL.—In case of a meritorious application that re-
quests assistance for more than one high school, the Sec-
retary may approve the application for any number of
those schools.
‘‘(c) SPECIAL RULES.—In approving applications
under this section, the Secretary shall—
‘‘(1) to the extent possible, award a majority of
grants under this part to assist high schools that
participate in programs under part A of title I of
this Act or serve high-poverty school attendance
areas; and
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‘‘(2) equitably distribute grants among the geo-
graphic regions of the Nation and among urban and
rural local educational agencies.
‘‘PRINCIPLES AND COMPONENTS OF EDUCATIONAL
REFORMS
‘‘SEC. 10805. (a) PRINCIPLES.—Each grantee under
this part shall ensure that the reforms it carries out under
this part are designed so that that each assisted high
school—
‘‘(1) is a place where students receive individual
attention and support, through such strategies as
creating smaller learning environments, such as
‘schools within schools’ and career academies and
providing students with counselors and mentors;
‘‘(2) provides all students in the school with
challenging coursework, aligned with State content
and performance standards, through such strategies
as the use of technology to enhance academic in-
struction and the establishment or expansion of
international baccalaureate programs or advanced
placement programs;
‘‘(3) is a place where students are motivated to
learn, through such strategies as applied learning
and linking the arts, music, and cultural opportuni-
ties with the school, both during and after the nor-
mal school day;
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‘‘(4) enables students to receive an education
that is continuous and integrated, through such
strategies as partnerships with middle schools and
institutions of higher education;
‘‘(5) helps students achieve their educational
and career goals, through such strategies as inte-
grated academic and vocational instruction that con-
nects students with career opportunities; and
‘‘(6) functions as a center for the community,
through such strategies as increasing the involve-
ment of parents, employers, and others in the com-
munity.
‘‘(b) REQUIRED COMPONENTS.—In order to institu-
tionalize the principles described in subsection (a), each
grantee under this part shall use funds that are provided
on behalf of a high school to implement (and, if necessary,
to use not more than six months to complete the planning
and development of) research-based educational reform
strategies throughout the entire school that—
‘‘(1) in the case of a school with a schoolwide
program under part A of title I, build on and im-
prove the schoolwide reform program;
‘‘(2) address the needs of students who are at
risk of failing to be promoted to the next grade or
to graduate, including—
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‘‘(A) covering material that students need
to master in order to pass State-mandated exit
exams; and
‘‘(B) strengthening curriculum, instruc-
tion, and assessments and by offering extended
learning opportunities such as after-school,
weekend, and summer programs;
‘‘(3) are implemented at the school level, but in-
clude strong support and assistance from the local
educational agency, as documented in its application;
‘‘(4) make full and effective use of the re-
sources that the school receives under other Federal
programs;
‘‘(5) make use of outside experts in high-school
reform, unless the local educational agency dem-
onstrates in its application, to the Secretary’s satis-
faction, that the school’s reform strategy can be im-
plemented effectively without outside assistance;
‘‘(6) include professional development of school
staff, including development of the skills needed to
use student achievement and other outcome data to
refine and improve the educational reform strategy;
and
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‘‘(7) provide for collecting data on, and evalu-
ating, the reforms and for reporting to the Secretary
on the results of those evaluations.
‘‘PRIVATE SCHOOLS
‘‘SEC. 10806. (a) PROFESSIONAL DEVELOPMENT.—
Each grantee under section 10804 shall, in accordance
with sections 11803 through 11806, provide for the equi-
table participation of private school personnel in the pro-
fessional development activities it carries out with grant
funds.
‘‘(b) INFORMATION.—If a grantee uses grant funds
to develop curricular materials, it shall make information
about those materials available to private schools at their
request.
‘‘ADDITIONAL ACTIVITIES
‘‘SEC. 10807. From the amount available to carry out
this part for any fiscal year under section 10809, the Sec-
retary shall reserve the amount he finds appropriate to
carry out one or more of the following:
‘‘(1) INCENTIVE
AWARDS.—(A)(i) The Sec-
retary shall select a random sample of schools from
each of the first two years’ cohorts of grantees,
along with a similarly selected control group of com-
parable schools, to participate in an incentive-based
experiment, under which the Secretary makes incen-
tive payments to teachers and administrators in the
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grantee schools if, after three years of program par-
ticipation, their students demonstrate significant
gains in student educational outcomes compared to
the gains made in the schools in the control group.
‘‘(ii) If those significant gains continue, the
Secretary may make further incentive payments to
those teachers and administrators for up to two ad-
ditional years.
‘‘(B) The Secretary shall base determinations of
student educational outcomes on multiple measures,
including scores on State assessments.
‘‘(C) The maximum amount of an incentive
award under this paragraph is $3,000 per teacher
and administrator per year, which may be used by
those individuals for any purpose.
‘‘(2) 
RECOGNITION, 
DISSEMINATION, 
NET-
WORKS, AND PEER REVIEW.—The Secretary may—
‘‘(A) recognize high schools and high
school reforms that show outstanding results;
‘‘(B) disseminate information on those
schools and reforms;
‘‘(C) carry out other activities to encourage
the spread and adoption of successful high
school reform strategies;
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‘‘(D) facilitate the creation of networks
among participating schools and local edu-
cational agencies, which may include schools
and local educational agencies interested in
meeting the purpose of this part; and
‘‘(E) pay the costs of the peer review of
applications under this part.
‘‘(3) EVALUATION.—The Secretary may reserve
funds, consistent with section 11911, to evaluate ac-
tivities carried out under this part.
‘‘DEFINITION
‘‘SEC. 10808. For the purpose of this part, the term
‘high school’ means any school that serves students in
12th grade.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10809. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and each of the
four succeeding fiscal years.’’.
FOREIGN LANGUAGE ASSISTANCE PROGRAM
SEC. 1011. Title X of the ESEA is further amended
by inserting after part H, as added by section 1010, a
new part I to read as follows:
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‘‘PART I—FOREIGN LANGUAGE ASSISTANCE PROGRAM
‘‘FINDINGS; PURPOSE
‘‘SEC. 10901. (a) FINDINGS.—The Congress finds
that:
‘‘(1) Increased fluency in languages other than
English is necessary if the United States is to com-
pete effectively in a global economy.
‘‘(2) Four out of five new jobs in the United
States are created from foreign trade.
‘‘(3) The optimum time to begin learning a sec-
ond language is in elementary school, when children
have the greatest ability to learn and excel in foreign
languages.
‘‘(4) Foreign language study can increase chil-
dren’s capacity for critical and creative thinking,
and children who study a second language show
greater cognitive development in such areas as men-
tal flexibility, creativity, tolerance, and higher-order
thinking skills.
‘‘(5) Children who have studied a foreign lan-
guage in elementary school score higher on stand-
ardized tests of reading, language arts, and mathe-
matics than children who have not studied a foreign
language.
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‘‘(6) The United States lags behind other devel-
oped countries in offering foreign language study to
elementary and secondary school students.
‘‘(7) While research suggests that students
more easily acquire foreign languages when instruc-
tion begins in the early grades, fewer than one-third
of elementary schools in the United States offer for-
eign language instruction.
‘‘(8) Of those elementary schools that do offer
foreign language instruction, most offer only an in-
troductory exposure to the foreign language.
‘‘(9) Few elementary school foreign language
programs are coordinated with secondary school for-
eign language programs to promote transitions that
build on student knowledge of the foreign language.
‘‘(10) Foreign language teachers have a con-
tinuing need for professional development that pro-
vides opportunities to improve their language com-
petence and their teaching skills in the language
they teach. This need is particularly important for
elementary school teachers, most of whom have no
specialized training or certification to teach lan-
guages at that level.
‘‘(11) The next generation of advanced com-
puters and telecommunications technology has a tre-
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mendous potential for improving access to foreign
language instruction and the quality of that instruc-
tion at the elementary level.
‘‘(12) It is a national goal that 25 percent of
all public elementary schools offer high-quality, com-
prehensive foreign language programs by 2005, and
that 50 percent offer such programs by 2010. Such
programs should be designed to achieve language
proficiency, aligned with State foreign language
standards, and available to all students (including
students with limited English proficiency and stu-
dents with disabilities), and should ensure effective
coordination between elementary and secondary
school foreign language instruction.
‘‘(b) PURPOSE.—It is the purpose of this part to ex-
pand, improve the quality of, and enhance foreign lan-
guage programs at the elementary school level, including
programs that recruit and train qualified elementary
school foreign language teachers, by supporting—
‘‘(1) State efforts to encourage and support
such programs;
‘‘(2) local implementation of innovative pro-
grams that meet local needs; and
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‘‘(3) the identification and dissemination of in-
formation on best practices in elementary school for-
eign language education.
‘‘ELEMENTARY SCHOOL FOREIGN LANGUAGE ASSISTANCE
PROGRAM
‘‘SEC. 10902. (a) AUTHORITY.—(1) From funds ap-
propriated under subsection (g) for any fiscal year, the
Secretary is authorized to make grants to State edu-
cational agencies and to local educational agencies for the
Federal share of the cost of the activities set forth in sub-
section (b).
‘‘(2) Each grant under paragraph (1) shall be award-
ed for a period of three years.
‘‘(3) A State educational agency may receive a grant
under paragraph (1) if it—
‘‘(A) has established, or is establishing, State
standards for foreign language instruction; or
‘‘(B) requires the public elementary schools of
the State to provide foreign language instruction.
‘‘(4) A local educational agency may receive a grant
under paragraph (1) if the program proposed in its appli-
cation under subsection (c)—
‘‘(A) shows promise of being continued beyond
the grant period;
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‘‘(B) would demonstrate approaches that can be
disseminated to, and duplicated by, other local edu-
cational agencies;
‘‘(C) would include performance measurements
and assessment systems that measure students’ pro-
ficiency in a foreign language; and
‘‘(D) would use a curriculum that is aligned
with State standards, if the State has such stand-
ards.
‘‘(b) AUTHORIZED ACTIVITIES.—(1) Grants to State
educational agencies under this section shall be used to
support programs that promote the implementation of
high-quality foreign language programs in the elementary
schools of the State, which may include—
‘‘(A) developing foreign language standards and
assessments that are aligned with those standards;
‘‘(B) supporting the efforts of institutions of
higher education within the State to develop pro-
grams to prepare the elementary school foreign lan-
guage teachers needed in schools within the State
and to recruit candidates to prepare for, and as-
sume, such teaching positions;
‘‘(C) developing new certification requirements
for elementary school foreign language teachers, in-
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cluding requirements that allow for alternative
routes to certification;
‘‘(D) providing technical assistance to local edu-
cational agencies in the State in developing, imple-
menting, or improving elementary school foreign lan-
guage programs, including assistance to ensure ef-
fective coordination with, and transition of students
among, elementary, middle, and secondary schools;
‘‘(E) disseminating information on promising or
effective practices in elementary school foreign lan-
guage instruction and supporting educator networks
that help improve that instruction;
‘‘(F) stimulating the development and dissemi-
nation of information on instructional programs that
use educational technologies and technology applica-
tions (including such technologies and applications
as multimedia software, web-based resources, digital
television, and virtual reality and wireless tech-
nologies) to deliver instruction or professional devel-
opment, or to assess students’ foreign language pro-
ficiency; and
‘‘(G) collecting data on and evaluating the ele-
mentary school foreign language programs in the
State and activities carried out with the grant.
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‘‘(2) Grants to local educational agencies under this
section shall be used for activities to develop and imple-
ment high-quality, standards-based elementary school for-
eign language programs, which may include—
‘‘(A) curriculum development and implementa-
tion;
‘‘(B) professional development for teachers and
other staff;
‘‘(C) partnerships with institutions of higher
education to provide for the preparation of the
teachers needed to implement programs under this
section;
‘‘(D) efforts to coordinate elementary school
foreign language instruction with secondary-level for-
eign language instruction, and to provide students
with a smooth transition from elementary to sec-
ondary programs;
‘‘(E) 
implementation 
of 
instructional 
ap-
proaches that make use of advanced educational
technologies; and
‘‘(F) collection of data on, and evaluation of,
the activities carried out under the grant, including
assessment, at regular intervals, of participating stu-
dents’ proficiency in the foreign language studied.
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‘‘(3) SPECIAL
RULE.—Efforts under paragraph
(2)(D) may include support for the expansion of secondary
school instruction, so long as that instruction is part of
an articulated elementary-through-secondary school for-
eign language program that is designed to result in stu-
dent fluency in a foreign language.
‘‘(c) APPLICATIONS.—(1) Any State educational
agency or local educational agency desiring to receive a
grant under this section shall submit an application to the
Secretary at such time, in such form, and containing such
information and assurances, as the Secretary may require.
‘‘(2) Each application shall include descriptions of—
‘‘(A) the goals that the applicant intends to ac-
complish through the project, including—
‘‘(i) for applications submitted by State
educational agencies, the goal of ensuring the
availability of qualified elementary school for-
eign language teachers throughout the State;
and
‘‘(ii) for applications submitted by local
educational agencies, the goal of enabling all
participating students to become proficient in a
foreign language;
‘‘(B) the activities to be carried out through the
project; and
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‘‘(C) how the applicant will determine the ex-
tent to which its project meets its goals.
‘‘(d) PRIORITIES.—In awarding grants under this
section, the Secretary may establish one or more priorities
consistent with the purpose of this part, including prior-
ities for projects carried out by local educational agencies
that—
‘‘(1) provide immersion programs in which in-
struction is in the foreign language for a major por-
tion of the day; or
‘‘(2) promote the sequential study of a foreign
language for students, beginning in elementary
schools.
‘‘(e) REPORTS.—(1) A State educational agency or
local educational agency that receives a grant under this
section shall submit to the Secretary an annual report that
provides information on the project’s progress in reaching
its goals.
‘‘(2) A local educational agency that receives a grant
under this section shall include in its report under para-
graph (1), information on students’ gains in compre-
hending, speaking, reading, and writing a foreign lan-
guage, and shall compare such educational outcomes to
the State’s foreign language standards, if such State
standards exist.
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‘‘(f) FEDERAL SHARE.—(1) The Federal share for
each fiscal year of a program under this section shall be
not more than 50 percent.
‘‘(2) The Secretary may waive the requirement of
paragraph (1) for any local educational agency that the
Secretary determines does not have adequate resources to
pay the non-Federal share of the cost of the activities as-
sisted under this section.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—(1) For
the purpose of carrying out this section, there are author-
ized to be appropriated such sums as may be necessary
for fiscal year 2001 and for each of the four succeeding
fiscal years.
‘‘(2) For any fiscal year, the Secretary may reserve
up to five percent of the amount appropriated under para-
graph (1) to—
‘‘(A) conduct independent evaluations of the ac-
tivities assisted under this section;
‘‘(B) provide technical assistance to recipients
of awards under this section; and
‘‘(C) disseminate findings and methodologies
from evaluations required by, or funded under, this
section and other information obtained from such
programs.’’.
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NATIONAL WRITING PROJECT
SEC. 1012. Part K of title X of the ESEA is
amended—
(1) in section 10991—
(A) in paragraph (15)—
(i) by striking ‘‘154 regional sites’’
and inserting in lieu thereof ‘‘157 regional
sites’’; and
(ii) by striking ‘‘45 States’’ and in-
serting in lieu thereof ‘‘46 States’’;
(B) in paragraph (17) by adding ‘‘and’’ at
the end thereof;
(C) in paragraph (18) by striking out at
the end thereof the semicolon and ‘‘and’’ and
inserting in lieu thereof a period; and
(D) by striking out paragraph (19);
(2) in section 10992—
(A) by striking out subsection (e);
(B) by amending subsection (g) to read as
follows:
‘‘(g) EVALUATION.—The Secretary may conduct an
independent evaluation, by grant or contract, of the pro-
gram administered pursuant to this part.’’; and
(C) by amending subsection (i) to read as
follows:
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‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—For the
purposes of carrying out this part, there are authorized
to be appropriated such sums as may be necessary for fis-
cal year 2001 and each of the four succeeding fiscal
years.’’; and
(3) by redesignating—
(A) part K, as amended by this section, as
part J; and
(B) section 10991 and section 10992 as
section 10951 and section 10952, respectively.
TITLE XI—GENERAL PROVISIONS,
DEFINITIONS AND ACCOUNTABILITY
DEFINITIONS
SEC. 1101. Part A of title XIV of the ESEA is
amended—
(1) in section 14101—
(A) in paragraphs (5), (6), (7), and (8), by
striking out ‘‘section 14302’’ and inserting in
lieu thereof ‘‘section 11502’’;
(B) by amending paragraph (10) to read
as follows:
‘‘(10) COVERED PROGRAM.—The term ‘covered
program’ means each of the programs authorized
by—
‘‘(A) part A of title I,
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‘‘(B) part C of title I;
‘‘(C) part A of title II;
‘‘(D) subpart 1 of part D of title III;
‘‘(E) part A of title IV (other than section
4115);
‘‘(F) the Comprehensive School Reform
Demonstration Program; and
‘‘(G) title VI.’’;
(C) in paragraph (11)(B), by striking out
‘‘and title VI’’;
(D) in paragraph (24), by striking out
‘‘section 602(a)(17)’’ and inserting in lieu
thereof ‘‘section 602(22)’’;
(E) by redesignating paragraphs (15)
through (29) as paragraphs (16) through (30),
respectively; and
(F) by inserting after paragraph (14) a
new paragraph (15) to read as follows:
‘‘(15) FAMILY LITERARY SERVICES.—The term
‘family literacy services’ means services provided to
eligible participants on a voluntary basis that are of
sufficient intensity, both in hours and duration, to
make sustainable changes in a family, and that inte-
grate all of the following activities:
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‘‘(A) Interactive literacy activities between
parents and their children.
‘‘(B) Training for parents on how to be the
primary teachers for their children and full
partners in the education of their children.
‘‘(C) Parent literacy training that leads to
economic self-sufficiency.
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences.’’; and
(2) in section 14102, by striking out ‘‘Parts B,
C, D, E, and F’’ and inserting in lieu thereof ‘‘Parts
D, E, F, and G’’.
ADMINISTRATIVE FUNDS
SEC. 1102. Part B of title XIV of the ESEA is
amended—
(1) in section 14201—
(A) by amending subsection (a)(2) to read
as follows:
‘‘(2) APPLICABILITY.—This section applies to—
‘‘(A) programs under title I and those pro-
grams described in subparagraphs (C), (D), and
(E) of section 11101(10);
‘‘(B) the Comprehensive School Reform
Demonstration Program;
‘‘(C) title VI;
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‘‘(D) the Carl D. Perkins Vocational and
Technical Education Act of 1998; and
‘‘(E) such other programs as the Secretary
may designate.’’;
(B) by amending subsection (b)(2) to read
as follows:
‘‘(2) ADDITIONAL USES.—A State educational
agency may also use the funds available under this
section for administrative activities designed to en-
hance the effective and coordinated use of funds
under the programs included in the consolidation
under subsection (a), such as—
‘‘(A) State-level activities designed to carry
out this title, including part B;
‘‘(B) the coordination of those programs
with other Federal and non-Federal programs;
‘‘(C) the establishment and operation of
peer-review mechanisms under this Act;
‘‘(D) collaborative activities with other
State educational agencies to improve adminis-
tration under this Act;
‘‘(E) the dissemination of information re-
garding model programs and practices;
‘‘(F) technical assistance under the pro-
grams specified in subsection (a)(2);
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‘‘(G) training personnel engaged in audit
and other monitoring activities; and
‘‘(H) implementation of the Cooperative
Audit Resolution and Oversight Initiative.’’; and
(C) by striking out subsection (f);
(2) in section 14203—
(A) in subsection (b), by striking out ‘‘Im-
proving America’s Schools Act of 1994’’ and in-
serting in lieu thereof ‘‘Educational Excellence
for All Children Act of 1999’’; and
(B) in subsection (d), by striking out ‘‘the
uses described in section 14201(b)(2)’’ and in-
serting in lieu thereof ‘‘for uses, at the school
district and school levels, comparable to those
described in section 11401(b)(2)’’;
(3) by repealing section 14204;
(4) in section 14205(a)(2)(B)(i), by striking out
‘‘National Education Goals’’ and inserting in lieu
thereof ‘‘America’s Education Goals’’; and
(5) in section 14206—
(A) by amending the section heading to
read: ‘‘MOST
EFFECTIVE
USE
OF
PROGRAM
FUNDS.’’;
(B) by amending subsection (a) to read as
follows:
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‘‘(a) MOST EFFECTIVE USE.—With the approval of
its State educational agency, a local educational agency
that determines for any fiscal year that funds under a cov-
ered program (other than part A of title I) would be more
effective in helping all its students achieve the State’s
challenging standards if used under another covered pro-
gram, may use those funds, not to exceed five percent of
the local educational agency’s total allotment for that fis-
cal year, to carry out programs and activities under that
other covered program.’’; and
(C) in subsection (b), by striking out ‘‘title
XI of this Act’’ and inserting in lieu thereof
‘‘part I of this title’’.
COORDINATION OF PROGRAMS
SEC. 1103. Part C of title XIV of the Act is
amended—
(1) in the heading thereof, by striking out ‘‘AND
APPLICATIONS’’;
(2) by amending section 14302 to read as fol-
lows:
‘‘OPTIONAL CONSOLIDATED STATE PLANS
‘‘SEC. 14302. (a) GENERAL.—
(1) PURPOSE
AND
AUTHORITY.—In order to
promote continuing, standards-based education re-
form, encourage the integration and coordination of
resources, and simplify application requirements and
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reduce burden for State educational agencies under
this Act, the Secretary, in accordance with sub-
section (b), shall establish procedures and criteria
under which a State educational agency may submit
a consolidated State plan meeting the requirements
of this section for any or all of—
‘‘(A) the covered programs in which the
State participates; and
‘‘(B) the additional programs described in
paragraph (2).
‘‘(2) ADDITIONAL
PROGRAMS.—A State edu-
cational agency may also include in its consolidated
State plan—
‘‘(A) the Even Start program under part B
of title I;
‘‘(B) the State Agency Programs for Chil-
dren and Youth Who Are Neglected or Delin-
quent under part D of title I;
‘‘(C) programs under part A of title II of
the Carl D. Perkins Vocational and Technical
Education Act of 1998; and
‘‘(D) such other programs as the Secretary
may designate.
‘‘(3) STATE DEVELOPMENT AND SUBMISSION.—
(A) A State educational agency desiring to receive a
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grant under two or more of the programs to which
this section applies may submit a consolidated State
plan for those programs that satisfies the procedures
and criteria established under this section.
‘‘(B) A State educational agency that submits
a consolidated State plan shall not be required to
submit separate State plans or applications for the
programs included in the consolidated State plan.
‘‘(C) A State educational agency that submits a
consolidated State plan shall comply with all the re-
quirements applicable to the programs in the con-
solidated State plan as if it had submitted separate
State plans.
‘‘(4) CONSOLIDATED STATE PLANS.—A State
educational agency that desires to receive funds
under a program to which this section applies for
the fiscal year 2001 and the succeeding four fiscal
years shall submit to the Secretary a new consoli-
dated plan that meets the requirements of this sec-
tion within the time specified by the Secretary.
‘‘(b) PLAN CONTENTS.—
‘‘(1) COLLABORATIVE PROCESS.—(A) In estab-
lishing criteria and procedures under this section,
the Secretary shall collaborate with State edu-
cational agencies and, as appropriate, with other
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‘‘(B) those programs will be coordinated at
the State, school district, and school levels
with—
‘‘(i) other covered programs not in-
cluded in the plan; and
‘‘(ii) related programs, such as pro-
grams under the Reading Excellence Act
under part E of title I, the 21st Century
Community Learning Centers program and
the High School Reform program under
parts G and H of title X, respectively, and
the Teacher Quality Enhancement Pro-
grams, and the Gaining Early Awareness
and Readiness for Undergraduate Pro-
grams under title II and chapter 2 of sub-
part 2 of part A of title IV, of the Higher
Education Act of 1965, respectively.
‘‘(c) INDICATORS.—In order to evaluate its perform-
ance under its consolidated State plan, a State educational
agency shall include in its plan—
‘‘(1) any information required by the Secretary
under section 11912 regarding performance indica-
tors, benchmarks, and targets; and
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‘‘(2) any other indicators or measures the State
determines are appropriate for evaluating its per-
formance under its consolidated State plan.
‘‘(d) MONITORING AND DATA INTEGRITY.—A State
educational agency shall include in its consolidated State
plan a description of the strategies it will use to meet the
requirements of section 11503(a)(4) and (5).
‘‘(e) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall—
‘‘(A) establish a peer-review process to assist in
the review, and provide recommendations for the re-
vision, of consolidated State plans under this section;
and
‘‘(B) to the extent practicable, appoint individ-
uals to the peer-review process who—
‘‘(i) are knowledgeable about the pro-
grams, and the populations they serve, included
in the plans;
‘‘(ii) are representative of State edu-
cational agencies, local educational agencies,
teachers, and parents of students served under
those programs; and
‘‘(iii) have expertise on educational stand-
ards, assessments, and accountability.
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‘‘(2)(A) Following such peer review, the Secretary
shall approve a consolidated State plan if the Secretary
determines that the plan meets the requirements of this
section.
‘‘(B) The Secretary may accompany such approval
with one or more conditions that the State educational
agency shall meet.
‘‘(3) If the Secretary determines that the plan does
not meet the requirements of this section, the Secretary
shall notify the State of that determination and the rea-
sons for it.
‘‘(4) The Secretary shall not finally disapprove a con-
solidated State plan before—
‘‘(A) offering the State an opportunity to revise
its plan;
‘‘(B) providing technical assistance to assist the
State to meet the requirements; and
‘‘(C) providing a hearing.
‘‘(f) REVISION
AND AMENDMENT.—A State edu-
cational agency shall periodically review its consolidated
State plan to ensure that it accurately reflects its strate-
gies and activities under the programs covered by the plan.
If the State educational agency makes significant changes
to its strategies and activities, it shall submit an amend-
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ment to its plan to the Secretary for approval in accord-
ance with this section.’’;
(3) in section 14303(a)—
(A) in the matter before paragraph (1)—
(i) by striking out ‘‘or consolidated
State application’’; and
(ii) by striking out ‘‘section 14302’’
and inserting in lieu thereof ‘‘section
11502’’;
(B) by redesignating paragraphs (4), (5),
(6), and (7) as paragraphs (6), (7), (8), and
(9), respectively; and
(C) by inserting after paragraph (3) the
following new paragraphs:
‘‘(4) the State will monitor performance by
local educational agencies to ensure compliance with
the requirements of this Act and—
‘‘(A) maintain proper documentation of
monitoring activities;
‘‘(B) provide technical assistance when ap-
propriate and undertake enforcement activities
when needed; and
‘‘(C) systematically analyze the results of
audits and other monitoring activities to iden-
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tify trends in funding and to develop strategies
to correct problems;
‘‘(5) the data used by the State to measure its
performance (and that of its local educational agen-
cies) under this Act are complete, reliable, and accu-
rate, or, if not, that the State will take such steps
as are necessary to make those data complete, reli-
able, and accurate.’’;
(4) by repealing section 14304;
(5) by amending section 14305 to read as fol-
lows:
‘‘CONSOLIDATED LOCAL PLANS
‘‘SEC. 14305. (a) GENERAL AUTHORITY.—A local
educational agency receiving funds under more than one
covered program may submit plans to the State edu-
cational agency under such programs on a consolidated
basis.
‘‘(b) CONSOLIDATED PLANS.—A State educational
agency that has an approved consolidated State plan
under section 11502 may require local educational agen-
cies that receive funds under more than one program in-
cluded in the consolidated State plan to submit consoli-
dated local plans for such programs.
‘‘(c) COLLABORATION.—A State educational agency
shall collaborate with local educational agencies in the
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State in establishing criteria and procedures for the sub-
mission of the consolidated local plans under this section.
‘‘(d) CONTENTS.—For each program under this Act
that may be included in a plan under this section, the Sec-
retary may designate the descriptions and information
that must be included in a local consolidated plan, to en-
sure that each such program is administered in a proper
and effective manner in accordance with its purposes.’’;
(6) in section 14306, by striking out ‘‘section
14304’’ and inserting in lieu thereof ‘‘section
11504’’;
(7) by repealing section 14307; and
(8) by adding at the end thereof a new section
to read as follows:
‘‘CONSOLIDATED REPORTING
‘‘SEC. 14307. In order to encourage integration and
coordination of resources, simplify reporting requirements,
and reduce reporting burden, the Secretary shall establish
procedures and criteria under which a State educational
agency must submit a consolidated State annual perform-
ance report. Such a report shall contain information about
the programs included in the report, including the State’s
performance under those programs, and other matters, as
the Secretary determines, such as information regarding
monitoring 
activities 
under 
part 
I 
and 
section
11503(a)(4). Such a report shall take the place of indi-
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vidual annual performance reports for the programs sub-
ject to it.’’.
WAIVERS
SEC. 1104. Part D of title XIV of the Act is
amended—
(1) in section 14401(a), by inserting a comma
and ‘‘the Carl D. Perkins Vocational and Technical
Education Act of 1998, or subtitle B of title VII of
the Stewart B. McKinney Homeless Assistance Act’’
immediately after ‘‘requirement of this Act’’;
(2) in section 14401(b), by amending para-
graph (1) to read as follows:
‘‘(1) IN GENERAL.—A State educational agen-
cy, local educational agency, or Indian tribe that de-
sires a waiver shall submit an application to the Sec-
retary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall—
‘‘(A) identify each Federal program af-
fected and the statutory or regulatory require-
ment requested to be waived;
‘‘(B) describe the purpose and expected re-
sults of waiving each such requirement;
‘‘(C) describe for each school year specific,
measurable, educational goals for the State edu-
cational agency and for each local educational
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agency, Indian tribe, or school that would be af-
fected by the waiver; and
‘‘(D) explain why the waiver would assist
the State educational agency and each affected
local educational agency, Indian tribe, or school
in reaching those goals.’’;
(3) in section 14401(c)—
(A) in paragraph (8) by—
(i) striking out ‘‘part C of title X’’
and inserting in lieu thereof ‘‘part B of
title V’’; and
(ii) by striking out ‘‘or’’ at the end
thereof;
(B) in paragraph (9)—
(i) by striking out ‘‘section 14502’’
and ‘‘section 14507’’ and inserting in lieu
thereof ‘‘section 11702’’ and ‘‘section
11707’’, respectively; and
(ii) at the end thereof, by striking out
the period and inserting in lieu thereof a
semi-colon and ‘‘and’’; and
(C) by adding at the end thereof a new
paragraph to read as follows:
‘‘(10) health and safety.’’; and
(4) in section 14401(e)(4), by—
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(A) striking out ‘‘fiscal year 1997’’ and in-
serting in lieu thereof ‘‘fiscal year 2001’’; and
(B) striking out ‘‘the Committee on Edu-
cation and Labor of the House of Representa-
tives and the Committee on Labor and Human
Resources of the Senate’’ and inserting in lieu
thereof ‘‘the Committee on Education and the
Workforce of the House of Representatives and
the Committee on Health, Education, Labor
and Pensions of the Senate’’.
UNIFORM PROVISIONS
SEC. 1105. Part E of title XIV of the Act is
amended—
(1) in section 14501(a), by inserting ‘‘(except
part C of title I)’’ immediately after ‘‘covered pro-
gram’’;
(2) in section 14503—
(A) in subsection (a)(1), by inserting ‘‘that
address their needs’’ immediately before the pe-
riod;
(B) by amending subsection (b)(1) to read
as follows:
‘‘(1) IN GENERAL.—This section applies to pro-
grams under—
‘‘(A) part C of title I;
‘‘(B) part E of title I;
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‘‘(C) subpart 2 of part A of title II;
‘‘(D) title III;
‘‘(E) part A of title IV, other than section
4115; and
‘‘(F) part A of title VII.’’; and
(C) in subsection (c)—
(i) in paragraph (1)—
(I) in subparagraph (C), by strik-
ing out ‘‘and’’ at the end thereof;
(II) in subparagraph (D), by
striking out the period and inserting a
semi-colon; and
(III) by adding at the end thereof
the following new subparagraphs:
‘‘(E) to the extent applicable, the amount
of funds received by such agency that are at-
tributable to private school children; and
‘‘(F) how and when such agency will make
decisions about the delivery of services to these
children.’’; and
(ii) by amending paragraph (2) to
read as follows:
‘‘(2) TIMING.—Such consultation shall include
meetings of agency and private school officials, shall
occur before the local educational agency makes any
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decision that affects the opportunities of eligible pri-
vate school children, teachers, or other educational
personnel to participate in programs under this Act,
and shall continue throughout the implementation
and assessment of activities under this section.’’;
(3) in section 14504, by striking out ‘‘section
14503’’ and ‘‘sections 14503, 14505, and 14506’’
and inserting in lieu thereof ‘‘section 11703’’ and
‘‘sections 11703, 11705, and 11706’’, respectively;
(4) in section 14506—
(A) in subsection (a)(1)(A), by striking out
‘‘section 14504’’ and inserting in lieu thereof
‘‘section 11704’’;
(B) in subsection (b), by striking out ‘‘sec-
tion 14503’’ and inserting in lieu thereof ‘‘sec-
tion 11703’’; and
(C) in subsection (d), by striking out ‘‘Im-
proving America’s Schools Act of 1994’’ and in-
serting in lieu thereof ‘‘Educational Excellence
for All Children Act of 1999’’; and
(5) by repealing section 14513 and section
14514.
REPEAL
SEC. 1106. Part F of title XIV of the Act is repealed.
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EVALUATION AND INDICATORS
SEC. 1107. Part G of title XIV of the Act is
amended—
(1) by amending the heading thereof to read as
follows:
‘‘EVALUATION AND INDICATORS’’;
(2) in section 14701—
(A) in subsection (a)—
(i) in paragraph (1)—
(I) by redesignating subpara-
graphs (B) and (C) as subparagraphs
(C) and (D), respectively;
(II) by inserting the following
new subparagraph (B):
‘‘(B) conduct evaluations that carry out
the purposes of the Government Performance
and Results Act of 1993 with respect to pro-
grams under this Act;’’;
(III) in subparagraph (C), as re-
designated by clause (i), by striking
out ‘‘and’’ at the end thereof;
(IV) in subparagraph (D), as re-
designated by clause (i), by striking
out the period and inserting in lieu
thereof a semi-colon and ‘‘and’’; and
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(V) by adding at the end thereof
the following new subparagraph (E):
‘‘(E) to work in partnership with the
States to develop information relating to pro-
gram performance that can be used to help
achieve continuous program improvement at the
State, school district, and school levels.’’;
(B) by striking out subsections (b) and (c);
and
(C) by inserting after subsection (a) the
following new subsections:
‘‘(b) NATIONAL EVALUATION.—The Secretary shall
use funds reserved under subsection (a) to conduct inde-
pendent studies of programs under this Act and the effec-
tiveness of those programs in achieving their purposes, to
determine whether those programs (or the administration
of those programs) are—
‘‘(1) contributing to improved student academic
performance;
‘‘(2) supporting the development of challenging
standards and aligned assessments that guide other
elements of school reform, including teacher certifi-
cation, curriculum frameworks, instruction, and pro-
fessional development;
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‘‘(3) assisting efforts in schools and classrooms
to improve teaching and the climate for learning,
particularly in high-poverty schools, including efforts
related to technology, professional development,
school violence and drug prevention, and public
school choice;
‘‘(4) promoting flexibility with accountability;
‘‘(5) supporting efforts to strengthen family
and community involvement in education;
‘‘(6) targeting their resources effectively;
‘‘(7) contributing to reform efforts and contin-
uous improvement; and
‘‘(8) achieving other goals consistent with the
purposes of this Act.
‘‘(c) INDEPENDENT PANEL.—The Secretary shall es-
tablish an independent panel to review studies under sub-
section (b) to advise the Secretary on their progress, and
to comment, if the panel chooses, on the final report de-
scribed in subsection (d).
‘‘(d) REPORTS.—The Secretary shall submit an in-
terim report on the evaluation described in subsection (b)
within three years of enactment of the Educational Excel-
lence for All Children Act of 1999 and a final report with-
in four years of its enactment to the Committee on Edu-
cation and the Workforce of the House of Representatives
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and to the Committee on Health, Education, Labor and
Pensions of the Senate.
‘‘(e) PARTNERSHIPS TO STRENGTHEN PERFORM-
ANCE INFORMATION FOR IMPROVEMENT.—The Secretary
may provide technical assistance to recipients of assistance
under this Act in order to strengthen the collection and
assessment of information relating to program perform-
ance and quality assurance at the State and local levels.
Such technical assistance shall be designed to promote the
development, measurement, use, and reporting of data on
valid, reliable, timely, and consistent performance indica-
tors, within and across programs, and may include one-
time grants, from funds reserved under subsection (a), to
recipients to develop their data systems with the goal of
helping recipients make continuous program improve-
ment.’’; and
(3) by adding at the end thereof the following
new section:
‘‘PERFORMANCE MEASURES
‘‘SEC. 14702. (a) IN GENERAL.—The Secretary is
authorized to establish performance indicators, bench-
marks, and targets for each program under this Act and
subtitle B of title VII of the Stewart B. McKinney Home-
less Assistance Act, to assist in measuring program per-
formance. Indicators, benchmarks, and targets under this
section shall be consistent with the Government Perform-
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ance and Results Act of 1993 (and strategic plans adopted
by the Secretary under that Act) and section 11501.
‘‘(b) COLLABORATION.—The Secretary shall collabo-
rate with State educational agencies, local educational
agencies, and other recipients under this Act in estab-
lishing performance indicators, benchmarks, and targets
under this section.
‘‘(c) PLANS AND APPLICATIONS.—The Secretary may
require any applicant for funds under this Act or subtitle
B of title VII of the Stewart B. McKinney Homeless As-
sistance Act to—
‘‘(1) include in its plan or application informa-
tion relating to how it will use performance indica-
tors, benchmarks, and targets under this section to
improve its program performance; and
‘‘(2) report data relating to such performance
indicators, benchmarks, and targets to the Sec-
retary.’’.
COORDINATED SERVICES
SEC. 1108. (a) REPEALS AND REDESIGNATIONS.—
The ESEA is further amended by—
(1) repealing sections 11003 and 11007; and
(2) redesignating—
(A) title XI of the ESEA as part I of title
XI of the ESEA; and
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(B) sections 11001, 11002, 11004, 11005,
and 11006 as sections 11901, 11902, 11903,
11904, and 11905, respectively.
(b) MISCELLANEOUS.—Part I of title XI of the
ESEA, 
as 
redesignated 
by 
subsection 
(a)(2), 
is
amended—
(1) by amending section 11903, as redesignated
by subsection (a)(2)(B), to read as follows:
‘‘PROJECT DEVELOPMENT AND IMPLEMENTATION
‘‘SEC. 11903. (a) APPLICATIONS.—Each eligible enti-
ty desiring to use funds made available under section
11405(b) shall submit an application to the appropriate
State educational agency at such time, in such manner,
and accompanied by such information as that agency may
reasonably require.
‘‘(b) PROJECT ACTIVITIES.—An eligible entity that
wishes to conduct a coordinated services project shall—
‘‘(1) maintain on file—
‘‘(i) the results of its assessment of the
economic, social, and health barriers to edu-
cational achievement experienced by children
and families, including foster children and their
foster families, in the community, and of the
local, State, Federal, and privately funded serv-
ices available to meet those needs;
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‘‘(ii) a description of the entities operating
the coordinated services project;
‘‘(iii) a description of its coordinated serv-
ices project, the objectives of that project,
where the project will be located, the commu-
nity-wide partnership that will link public and
private agencies providing services to children
and their families, the staff that will be used
to carry out the project, and how the project
will meet the requirements in this part; and
‘‘(iv) an annual budget that indicates the
sources and amounts of funds under this Act
that will be used for the project, consistent with
section 11405(b), and the purposes, by budget
category, for which those funds will be used;
‘‘(2) evaluate annually the success of the co-
ordinated services project under this section in meet-
ing its goals and objectives;
‘‘(3) train teachers and appropriate personnel
on the purposes, activities, and services of the co-
ordinated services project, and how children and
families may obtain those activities and services; and
‘‘(4) ensure that the coordinated services
project addresses the health and welfare needs of
migratory families.
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‘‘(c) SPECIAL RULE.—A State educational agency
need not require eligible entities to submit an application
under subsection (a) in order to permit them to carry out
coordinated services projects under this section.’’;
(2) in section 11904(a)—
(A) in paragraph (1), by striking out ‘‘sec-
tion 14206(b)’’ and ‘‘section 11004(b)(1)’’ and
inserting in lieu thereof ‘‘section 11405(b) for
a coordinated services project’’ and ‘‘section
11903(b)(1)(i)’’, respectively; and
(B) in paragraph (2), by striking out ‘‘sec-
tion 14206(b)’’ and inserting in lieu thereof
‘‘section 11405(b)’’; and
(3) in section 11905—
(A) by striking out ‘‘Secretary’’ each place
it appears and inserting in lieu thereof ‘‘State
educational agency’’; and
(B) by striking out ‘‘section 14206(b)’’
and 
inserting 
in 
lieu 
thereof 
‘‘section
11405(b)’’.
REDESIGNATIONS
SEC. 1109. Title XIV of the ESEA is further
amended—
(1) by redesignating such title as title XI;
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(2) by redesignating sections 14101, 14102,
and 14103 as sections 11101, 11102, and 11103,
respectively;
(3) by redesignating—
(A) part B as part D; and
(B) sections 14201, 14202, 14203, 14205,
and 14206 as sections 11401, 11402, 11403,
11404, and 11405, respectively;
(4) by redesignating—
(A) part C as part E; and
(B) sections 14301, 14302, 14303, 14305,
14306, and 14307 as sections 11501, 11502,
11503, 11504, 11505, and 11506, respectively;
(5) by redesignating—
(A) part D as part F; and
(B) section 14401 as section 11601;
(6) by redesignating—
(A) part E as part H; and
(B) sections 14501, 14502, 14503, 14504,
14505, 14506, 14507, 14508, 14509, 14510,
14511, and 14512 as sections 11801, 11802,
11803, 11804, 11805, 11806, 11807, 11808,
11809, 11810, 11811, and 11812, respectively;
(7) by redesignating—
(A) part G as part J; and
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(B) sections 14701 and 14702 as sections
11911 and 11912, respectively; and
(8) by redesignating—
(A) part H as part K and
(B) sections 14801 and 14802 as sections
11921 and 11922, respectively.
ED-FLEX PARTNERSHIPS
SEC. 1110. (a) IN GENERAL.—The Education Flexi-
bility Partnership Act of 1999 (P.L. 106–25) is
amended—
(1) by striking out everything before section 1;
(2) in section 1, by—
(A) striking out ‘‘Act’’ and inserting in
lieu thereof ‘‘part’’; and
(B) striking out ‘‘of 1999’’;
(3) in section (2), by—
(A) striking out paragraph (5);
(B) redesignating paragraphs (6) and (7)
as paragraphs (5) and (6), respectively; and
(C) in paragraph (5), as redesignated by
subparagraph (B), by—
(i) striking out ‘‘Expansion of waiver
authority will allow for the waiver of’’ and
inserting ‘‘States should be allowed to
waive’’; and
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(ii) striking out the comma after ‘‘af-
fected programs’’ and everything that fol-
lows through ‘‘and maintaining’’ and in-
serting ‘‘and maintaining’’;
(4) by amending section 3 to read as follows:
‘‘DEFINITIONS
‘‘SEC. 3. As used in this part, the terms ‘eligible
school attendance area’ and ‘school attendance area’ have
the meanings given those terms in section 1113(a)(2) of
this Act.’’;
(5) in section 4—
(A) in subsection (a)—
(i) in paragraph (2)—
(I) in the matter before subpara-
graph (A), by inserting a comma after
‘‘section’’;
(II) by amending subparagraph
(A) to read as follows:
‘‘(A) has an approved educational account-
ability plan under section 11208 of this Act and
is making satisfactory progress, as determined
by the Secretary, in implementing its policies
under sections 11204 and 11205 of this Act;’’;
and
(III) by amending subparagraph
(B) to read as follows:
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‘‘(B) has developed and implemented chal-
lenging State content standards, challenging
State student performance standards, and
aligned 
assessments 
described 
in 
section
1111(b) of this Act; and’’;
(ii) in paragraph (3)(B)—
(I) in the matter before clause
(i), by striking out ‘‘such application’’
and inserting ‘‘it’’; and
(II) in clause (iv)(I), by striking
out ‘‘have the ability to’’ and inserting
‘‘can’’;
(iii) in paragraph (4)(A)—
(I) in the matter before clause
(i), by inserting a comma immediately
after ‘‘paragraph (1)(A)’’ and imme-
diately 
after 
‘‘regulatory 
require-
ment’’, the second time that phrase
appears, respectively; and
(II) in clause (iv), by striking out
‘‘why’’ and inserting ‘‘how’’;
(iv) in paragraph (5)—
(I) in subparagraph (B)(ii), by
striking out ‘‘each such State’’ and in-
serting in lieu thereof ‘‘it’’; and
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(II) in subparagraph (C), by
striking out ‘‘2 years after the date of
the enactment of this Act’’ and insert-
ing ‘‘May 1, 2001’’;
(v) in paragraph (6), by amending
subparagraph (A) to read as follows:
‘‘(A) IN
GENERAL.—The Secretary shall
not approve the application of a State edu-
cational agency under paragraph (3) for a pe-
riod exceeding 5 years, except that the Sec-
retary may, in accordance with subparagraph
(C), extend that period if the Secretary deter-
mines that—
‘‘(i) the State educational agency’s
authority to grant waivers has been effec-
tive in enabling that State or affected local
educational agencies or schools to carry
out their State or local reform plans and
to continue to meet the accountability re-
quirement described in paragraph (2)(B);
and
‘‘(ii) the State has made significant
statewide gains in student achievement and
in closing the achievement gap between
low- and high-performing students.’’; and
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(vi) in paragraph (7), by striking out
‘‘1999’’ and inserting ‘‘2000’’;
(B) by amending subsection (b) to read as
follows:
‘‘(b) INCLUDED PROGRAMS.—The statutory and reg-
ulatory requirements referred to in subsection (a)(1)(A)
are any requirements for programs carried out under the
following provisions:
‘‘(1) Title I of this Act (other than subsection
(a) and (c) of section 1116).
‘‘(2) Part A of title II of this Act.
‘‘(3) Subpart 1 of part D of title III of this Act.
‘‘(4) Part A of title IV of this Act.
‘‘(5) Title VI of this Act.
‘‘(6) Part B of title VII of this Act.
‘‘(7) The Carl D. Perkins Vocational and Tech-
nical Education Act of 1998.
‘‘(8) Subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act.’’;
(C) in subsection (c)—
(i) in subparagraph (G), by striking
out ‘‘such Act’’ and inserting ‘‘this Act’’;
(ii) by redesignating subparagraphs
(H) and (I) as subparagraphs (I) and (J),
respectively; and
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(iii) by inserting a new subparagraph
(H) to read as follows:
‘‘(H) the eligibility of a school for a
schoolwide program under section 1114 of this
Act, except that a State educational agency
may grant a waiver to allow a local educational
agency to conduct a schoolwide program in a
school that serves an attendance area in which
not less than 40 percent of the children are
from low-income families or in which not less
than 40 percent of the children enrolled are
from such families;’’ ;
(D) in subsection (d)—
(i) in paragraph (1), by striking out
‘‘the waiver authority’’ and inserting ‘‘that
waiver authority’’; and
(ii) in paragraph (4), by—
(I) striking out ‘‘date of the en-
actment of this Act’’ and inserting
‘‘effective date of this part’’; and
(II) striking out ‘‘subpart 2 of
part A of title III of the Elementary
and Secondary Education Act of 1965
(other than section 3136 of such
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Act)’’ and inserting ‘‘subpart 1 of
part D of title III of this Act’’; and
(E) at the end thereof, by adding a new
subsection (f) to read as follows:
‘‘(f) TRANSITION.—Waivers granted under applicable
ED-Flex authority prior to the effective date of this part
shall remain in effect in accordance with the terms and
conditions that applied to those waivers when they were
granted. Waivers granted on or after the effective date of
this part shall be subject to the provisions of this part.’’;
(6) by striking out ‘‘the Elementary and Sec-
ondary Education Act of 1965’’ each place it ap-
pears and inserting ‘‘this Act’’; and
(7) by repealing sections 5 and 6.
(b) REDESIGNATIONS.—Title XI of the ESEA is fur-
ther amended—
(1) by redesignating the Education Flexibility
Partnership Act, as amended by subsection (a), as
part G of title XI; and
(2) by redesignating sections 1, 2, 3, and 4 as
sections 11701, 11702, 11703, and 11704, respec-
tively.
ACCOUNTABILITY
SEC. 1111. Title XI of the ESEA, as redesignated
by section 1109, is further amended by inserting a new
part B to read as follows:
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‘‘PART B—IMPROVING EDUCATION THROUGH
ACCOUNTABILITY
‘‘SHORT TITLE
‘‘SEC. 11201. This part may be cited as the ‘‘Edu-
cation Accountability Act of 1999’’.
‘‘PURPOSE
‘‘SEC. 11202. It is the purpose of this part to improve
academic achievement for all children, assist in meeting
America’s Education Goals under section 3 of this Act,
promote the incorporation of challenging State academic
content and student performance standards into classroom
practice, enhance the accountability of State and local offi-
cials for student progress, and improve the effectiveness
of programs under this Act and the educational opportuni-
ties of the students that they serve.
‘‘TURNING AROUND FAILING SCHOOLS
‘‘SEC. 11203. Consistent with section 1111(b)(3)(B)
of this Act, a State that receives assistance under this Act
shall develop and implement a statewide system for hold-
ing its local educational agencies and schools accountable
for student performance that includes—
‘‘(1) a procedure for identifying local edu-
cational agencies and schools in need of improve-
ment;
‘‘(2) intervening in those agencies and schools
to improve teaching and learning; and
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‘‘(3) implementing corrective actions, if those
interventions are not effective.
‘‘STUDENT PROGRESS AND PROMOTION POLICY
‘‘SEC. 11204. (a) IN GENERAL.—(1) A State that re-
ceives assistance under this Act shall, at the time it sub-
mits its accountability plan under section 11208, have in
effect a State policy that is designed to—
‘‘(A) ensure that students progress through
school on a timely basis, having mastered the chal-
lenging material needed for them to reach high
standards of performance; and
‘‘(B) end the practices of social promotion and
retention.
‘‘(2) As used in this part, the term—
‘‘(A) ‘social promotion’ means the unsound edu-
cational practice of promoting students who have not
demonstrated mastery of challenging State academic
standards without affording those students con-
tinuing intensive and comprehensive interventions by
educational authorities to enable them to master
such standards; and
‘‘(B) ‘retention’ means the unsound educational
practice of requiring students who have not dem-
onstrated mastery of challenging academic standards
to repeat a grade or part of a grade rather than
placing such students in age-appropriate settings
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and affording them continuing intensive and com-
prehensive interventions by educational authorities
to enable them to master such standards.
‘‘(b) POLICY.—In order to ensure that students will
progress through school and graduate having mastered the
challenging material needed for them to meet high stand-
ards of performance, a State policy under subsection (a)
shall—
‘‘(1) require—
‘‘(A) its local educational agencies to im-
plement continuing, intensive and comprehen-
sive educational interventions as may be nec-
essary to ensure that all students can meet the
challenging academic performance standards re-
quired under section 1111(b)(1)(A) of this Act;
and
‘‘(B) whatever steps are necessary by
States, local educational agencies, parents and
students to ensure that all students will meet
the challenging academic performance stand-
ards required under section 1111(b)(1)(A) at
three key transition points as determined by the
state, consistent with section 1111(b)(2)(D) so
that students will progress through school and
graduate having mastered the challenging mate-
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rial needed for them to meet high standards of
performance.
‘‘(2) require the State educational agency to de-
termine, through the collection of appropriate data,
whether local educational agencies and schools are
ending the practices of social promotion and reten-
tion;
‘‘(3) require its local educational agencies to
provide to all students educational opportunities in
classrooms with qualified teachers who use proven
instructional practices that are aligned with the
State’s challenging standards and who are supported
by high-quality professional development;
‘‘(4) require its local educational agencies to
use effective, research-based prevention and early
intervention strategies to identify and support stu-
dents who need additional help to meet those pro-
motion standards;
‘‘(5) provide, with respect to students who have
not demonstrated mastery of challenging State aca-
demic standards on a timely basis—
‘‘(A) for continuing, intensive, and age-ap-
propriate interventions, including extended in-
struction and learning time, such as after-