193
‘‘(1) IN GENERAL.—The Secretary shall develop
a plan for a national evaluation of the programs de-
veloped pursuant to this section.
‘‘(2) EVALUATION.—This national evaluation
shall evaluate the implementation and results
achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effec-
tiveness of comprehensive school reforms in schools
with diverse characteristics.
‘‘(3) REPORTS.—Prior to the completion of a
national evaluation, the Secretary shall submit an
interim report outlining first year implementation
activities to the Committees on Education and the
Workforce and Appropriations of the House of Rep-
resentatives and the Committees on Health, Edu-
cation, Labor, and Pensions and Appropriations of
the Senate.
‘‘(f) DEFINITION.—The term ‘scientifically based
research’—
‘‘(1) means the application of rigorous, system-
atic, and objective procedures in the development of
comprehensive school reform models; and
‘‘(2) shall include research that—
‘‘(A) employs systematic, empirical meth-
ods that draw on observation or experiment;
194
‘‘(B) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
‘‘(C) relies on measurements or observa-
tional methods that provide valid data across
evaluators and observers and across multiple
measurements and observations; and
‘‘(D) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous, objec-
tive, and scientific review.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—Funds
appropriated for any fiscal year under section 1002(f)
shall be used for carrying out the activities under this sec-
tion.’’.
PART G—RURAL EDUCATION ACHIEVEMENT
PROGRAM
SEC. 191. AUTHORIZATION OF APPROPRIATIONS.
Section 10973 (20 U.S.C. 8293) is amended to read
as follows:
‘‘There are authorized to be appropriated to carry out
this subpart $150,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the succeeding 4
fiscal years.’’.
195
SEC. 192. FORMULA GRANT PROGRAM.
Section 10974 (20 U.S.C. 8294) is amended—
(1) in subsection (a)(1), by striking ‘‘section
2010(b), section 3134, or section 4116’’ and insert-
ing the following: ‘‘section 2017, or 6006.’; and
(2) in subsection (c), by striking ‘‘, IV,’’.
TITLE II—TEACHER AND PRIN-
CIPAL 
QUALITY, 
PROFES-
SIONAL DEVELOPMENT, AND
CLASS SIZE
SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFES-
SIONAL DEVELOPMENT, AND CLASS SIZE.
Title II (20 U.S.C. 6601 et seq.) is amended to read
as follows:
‘‘TITLE II—TEACHER AND PRIN-
CIPAL 
QUALITY, 
PROFES-
SIONAL DEVELOPMENT, AND
CLASS SIZE
‘‘SEC. 2001. PURPOSE.
‘‘The purpose of this title is to provide grants to
State educational agencies and local educational agencies
in order to assist their efforts to increase student academic
achievement through such strategies as improving teacher
and principal quality, increasing professional development,
and decreasing class size.
196
‘‘SEC. 2002. DEFINITIONS.
‘‘In this title:
‘‘(1) FULLY
QUALIFIED.—The term ‘fully
qualified’—
‘‘(A) when used with respect to a public el-
ementary or secondary school teacher (other
than a teacher teaching in a public charter
school), means that the teacher has obtained
State certification as a teacher (including cer-
tification obtained through alternative routes to
certification) or passed the State teacher licens-
ing exam and holds a license to teach in such
State; and
‘‘(B) when used with respect to—
‘‘(i) an elementary school teacher,
means that the teacher holds a bachelor’s
degree and demonstrates knowledge and
teaching skills in reading, writing, mathe-
matics, science, and other areas of the ele-
mentary school curriculum; or
‘‘(ii) a middle or secondary school
teacher, means that the teacher holds a
bachelor’s degree and demonstrates a high
level of competency in all subject areas in
which he or she teaches through—
197
‘‘(I) a high level of performance
on a rigorous State or local academic
subject areas test; or
‘‘(II) completion of an academic
major in each of the subject areas in
which he or she provides instruction.
‘‘(2) INSTITUTION OF HIGHER EDUCATION.—
The term ‘institution of higher education’ means an
institution of higher education, as defined in section
101 of the Higher Education Act of 1965, that—
‘‘(A) has not been identified as low per-
forming under section 208 of the Higher Edu-
cation Act of 1965; and
‘‘(B) is in full compliance with the public
reporting requirements described in section 207
of the Higher Education Act of 1965.
‘‘(3) OUTLYING
AREA.—The term ‘outlying
area’ means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
‘‘(4) POVERTY LINE.—The term ‘poverty line’
means the poverty line (as defined by the Office of
Management and Budget, and revised annually in
accordance with section 673(2) of the Community
198
Services Block Grant Act) applicable to a family of
the size involved, for the most recent year.
‘‘(5) SCHOOL-AGE
POPULATION.—The term
‘school-age population’ means the population aged 5
through 17, as determined on the basis of the most
recent satisfactory data.
‘‘(6) STATE.—The term ‘State’ means each of
the several States in the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘(7) The requirement of paragraph (2)(B)(i)
and (ii) shall apply to teachers teaching in a public
charter school.
‘‘PART A—TEACHER AND PRINCIPAL QUALITY
AND PROFESSIONAL DEVELOPMENT
‘‘SEC. 2011. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award a grant, from allotments made under subsection
(b), to each State having a State plan approved under sec-
tion 2013, to enable the State to raise the quality of, and
provide professional development opportunities for, public
elementary school and secondary school teachers, prin-
cipals, and administrators.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
199
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 2023 to carry out this part for
each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Bureau of Indian Affairs for
activities, approved by the Secretary, consistent
with this part;
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs as deter-
mined by the Secretary, for activities, approved
by the Secretary, consistent with this part; and
‘‘(C) such sums as may be necessary to
continue to support any multiyear partnership
program award made under parts A, C, and D
(as such parts were in effect on the day pre-
ceding the date of enactment of the Public Edu-
cation Reinvestment, Reinvention, and Respon-
sibility Act (Three R’s)) until the termination
of the multiyear award.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under section 2023 for a fiscal year
and remaining after the Secretary makes reserva-
tions under paragraph (1), the Secretary shall allot
200
to each State having a State plan approved under
section 2013 the sum of—
‘‘(A) an amount that bears the same rela-
tionship to 50 percent of the remainder as the
school-age population from families with in-
comes below the poverty line in the State bears
to the school-age population from families with
incomes below the poverty line in all States; and
‘‘(B) an amount that bears the same rela-
tionship to 50 percent of the remainder as the
school-age population in the State bears to the
school-age population in all States.
‘‘(c) STATE MINIMUM.—For any fiscal year, no State
shall be allotted under this section an amount that is less
than 1⁄2 of 1 percent of the total amount allotted to all
States under subsection (b)(2).
‘‘(d) HOLD-HARMLESS AMOUNTS.—For fiscal year
2002, notwithstanding subsection (b)(2), the amount al-
lotted to each State under this section shall be not less
than 100 percent of the total amount the State was allot-
ted under part B (as such part was in effect on the day
preceding the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act (Three
R’s)) for the preceding fiscal year.
201
‘‘(e) RATABLE REDUCTIONS.—If the sums made
available under subsection (b)(2) for any fiscal year are
insufficient to pay the full amounts that all States are eli-
gible to receive under subsection (d) for such year, the
Secretary shall ratably reduce such amounts for such year.
‘‘SEC. 2012. WITHIN STATE ALLOCATION.
‘‘(a) IN GENERAL.—Each State educational agency
for a State receiving a grant under section 2011(a) shall—
‘‘(1) set aside 15 percent of the grant funds to
award educator partnership grants under section
2021;
‘‘(2) set aside not more than 5 percent of the
grant funds to carry out activities described the
State plan submitted under section 2013; and
‘‘(3) using the remaining 80 percent of the
grant funds, make subgrants by allocating to each
local educational agency in the State the sum of—
‘‘(A) an amount that bears the same rela-
tionship to 60 percent of the remainder as the
school-age population from families with in-
comes below the poverty line in the area served
by the local educational agency bears to the
school-age population from families with in-
comes below the poverty line in the area served
202
by all local educational agencies in the State;
and
‘‘(B) an amount that bears the same rela-
tionship to 40 percent of the remainder as the
school-age population in the area served by the
local educational agency bears to the school-age
population in the area served by all local edu-
cational agencies in the State.
‘‘(b) HOLD-HARMLESS AMOUNTS.—Notwithstanding
subsection (a), the amount allocated to each local edu-
cational agency under this section shall be not less than
100 percent of the total amount the local educational
agency was allocated under this title (as in effect on the
day preceding the date of enactment of the Public Edu-
cation Reinvestment, Reinvention, and Responsibility Act
(Three R’s)) for each year.
‘‘(c) RATABLE REDUCTIONS.—If the sums made
available under subsection (a)(3) for any fiscal year are
insufficient to pay the full amounts that all local edu-
cational agencies are eligible to receive under subsection
(b) for such year, the State educational agency shall rat-
ably reduce such amounts for such year.
‘‘SEC. 2013. STATE PLANS.
‘‘(a) PLAN REQUIRED.—
203
‘‘(1) COMPREHENSIVE STATE PLAN.—The enti-
ty or agency responsible for teacher certification or
licensing under the laws of the State desiring a
grant under this part shall submit a State plan to
the Secretary at such time, in such manner, and ac-
companied by such information as the Secretary may
require. If the State educational agency is not the
entity or agency designated under the laws of the
State as responsible for teacher certification or li-
censing in the State, then the plan shall be devel-
oped in consultation with the State educational
agency. The entity or agency shall provide annual
evidence of such consultation to the Secretary.
‘‘(2) CONSOLIDATED PLAN.—A State plan sub-
mitted under paragraph (1) may be submitted as
part of a consolidated plan under section 8302.
‘‘(b) CONTENTS.—Each plan submitted under sub-
section (a) shall—
‘‘(1) describe how the State is taking reasonable
steps to—
‘‘(A) reform teacher certification, recertifi-
cation, or licensure requirements to ensure
that—
‘‘(i) teachers have the necessary
teaching skills and academic content
204
knowledge in the academic subjects in
which the teachers are assigned to teach;
‘‘(ii) such requirements are aligned
with the challenging State content stand-
ards;
‘‘(iii) teachers have the knowledge and
skills necessary to help students meet the
challenging State student performance
standards;
‘‘(iv) such requirements take into ac-
count the need, as determined by the
State, for greater access to, and participa-
tion in, the teaching profession by individ-
uals from historically underrepresented
groups; and
‘‘(v) teachers have the necessary tech-
nological skills to integrate more effectively
technology in the teaching of content re-
quired by State and local standards in all
academic subjects in which the teachers
provide instruction;
‘‘(B) develop and implement rigorous test-
ing procedures for teachers, as required in sec-
tion 2002(1)(A), to ensure that the teachers
have teaching skills and academic content
205
knowledge necessary to teach effectively the
content called for by State and local standards
in all academic subjects in which the teachers
provide instruction;
‘‘(C) establish, expand, or improve alter-
native routes to State certification of teachers,
especially in the areas of mathematics and
science, for highly qualified individuals with a
baccalaureate degree, including mid-career pro-
fessionals from other occupations, paraprofes-
sionals, former military personnel, and recent
college or university graduates who have
records of academic distinction and who dem-
onstrate the potential to become highly effective
teachers;
‘‘(D) reduce emergency teacher certifi-
cation;
‘‘(E) develop and implement effective pro-
grams, and provide financial assistance, to as-
sist local educational agencies, elementary
schools, and secondary schools in effectively re-
cruiting and retaining fully qualified teachers
and principals, particularly in schools that have
the lowest proportion of fully qualified teachers
206
or the highest proportion of low-performing stu-
dents;
‘‘(F) provide professional development pro-
grams that meet the requirements described in
section 2019;
‘‘(G) provide programs that are designed
to assist new teachers during their first 3 years
of teaching, such as mentoring programs that—
‘‘(i) provide mentoring to new teach-
ers from veteran teachers with expertise in
the same subject matter as the new teach-
ers are teaching;
‘‘(ii) provide mentors time for activi-
ties such as coaching, observing, and as-
sisting teachers who are being mentored;
and
‘‘(iii) use standards or assessments
that are consistent with the State’s student
performance standards and the require-
ments for professional development activi-
ties described in section 2019 in order to
guide the new teachers;
‘‘(H) provide technical assistance to local
educational agencies in developing and imple-
207
menting activities described in section 2018;
and
‘‘(I) ensure that programs in core aca-
demic subjects, particularly in mathematics and
science, will take into account the need for
greater access to, and participation in, such
core academic subjects by students from histori-
cally underrepresented groups, including fe-
males, minorities, individuals with limited
English proficiency, the economically disadvan-
taged, and individuals with disabilities, by in-
corporating pedagogical strategies and tech-
niques that meet such students’ educational
needs;
‘‘(2) describe the activities for which assistance
is sought under the grant, and how such activities
will improve students’ academic achievement and
close academic achievement gaps of low-income, mi-
nority, and limited English proficient students;
‘‘(3) describe how the State will establish an-
nual numerical performance objectives under section
2014 for improving the qualifications of teachers
and the professional development of teachers, prin-
cipals, administrators, and mental health profes-
sionals;
208
‘‘(4) contain an assurance that the State con-
sulted with local educational agencies, education-re-
lated community groups, nonprofit organizations,
parents, teachers, school administrators, local school
boards, institutions of higher education in the State,
and content specialists in establishing the perform-
ance objectives described in section 2014;
‘‘(5) describe how the State will hold local edu-
cational agencies, elementary schools, and secondary
schools accountable for meeting the performance ob-
jectives described in section 2014 and for reporting
annually on the local educational agencies’ and
schools’ progress in meeting the performance objec-
tives;
‘‘(6) describe how the State will ensure that a
local educational agency receiving a subgrant under
section 2012 will comply with the requirements of
this part;
‘‘(7) provide an assurance that the State will
require each local educational agency, elementary
school, or secondary school receiving funds under
this part to report publicly the local educational
agency’s or school’s annual progress with respect to
the performance objectives described in section
2014; and
209
‘‘(8) describe how the State will coordinate pro-
fessional development activities authorized under
this part with professional development activities
provided under other Federal, State, and local pro-
grams, including programs authorized under titles I
and III and, where appropriate, the Individuals with
Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act of 1998.
‘‘(c) SECRETARY APPROVAL.—The Secretary shall,
using a peer review process, approve a State plan if the
plan meets the requirements of this section.
‘‘(d) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan shall—
‘‘(A) remain in effect for the duration of
the State’s participation under this part; and
‘‘(B) be periodically reviewed and revised
by the State, as necessary, to reflect changes to
the State’s strategies and programs carried out
under this part.
‘‘(2) ADDITIONAL
INFORMATION.—If a State
receiving a grant under this part makes significant
changes to the State plan, such as the adoption of
new performance objectives, the State shall submit
information regarding the significant changes to the
Secretary.
210
‘‘SEC. 2014. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State receiving a grant
under this part shall establish annual numerical perform-
ance objectives with respect to progress in improving the
qualifications of teachers and the professional development
of teachers, principals, and administrators. For each an-
nual numerical performance objective established, the
State shall specify an incremental percentage increase for
the objective to be attained for each of the fiscal years
for which the State receives a grant under this part, rel-
ative to the preceding fiscal year.
‘‘(b) REQUIRED OBJECTIVES.—At a minimum, the
annual numerical performance objectives described in sub-
section (a) shall include an incremental increase in the
percentage of—
‘‘(1) classes in core academic subjects that are
being taught by fully qualified teachers;
‘‘(2) new teachers and principals receiving pro-
fessional development support, including mentoring
for teachers, during the teachers’ and principals first
3 years;
‘‘(3) teachers, principals, and administrators
participating in high quality professional develop-
ment programs that are consistent with section
2019; and
211
‘‘(4) fully qualified teachers teaching in the
State, to ensure that all teachers teaching in such
State are fully qualified by December 31, 2005.
‘‘(c) REQUIREMENT FOR FULLY QUALIFIED TEACH-
ERS.—Each State receiving a grant under this part shall
ensure that all public elementary school and secondary
school teachers in the State are fully qualified not later
than December 31, 2005.
‘‘(d) ACCOUNTABILITY.—
‘‘(1) IN
GENERAL.—Each State receiving a
grant under this part shall be held accountable for—
‘‘(A) meeting the State’s annual numerical
performance objectives; and
‘‘(B) meeting the reporting requirements
described in section 4401.
‘‘(2) SANCTIONS.—Any State that fails to meet
the requirement described in paragraph (1)(A) shall
be subject to sanctions under section 7001.
‘‘(e) SPECIAL RULE.—Notwithstanding any other
provision of law, the provisions of subsection (c) shall not
supersede State laws governing public charter schools.
‘‘(f) COORDINATION.—Each State that receives a
grant under this part and a grant under section 202 of
the Higher Education Act of 1965 shall coordinate the
212
activities the State carries out under such section 202 with
the activities the State carries out under this section.
‘‘SEC. 2015. OPTIONAL ACTIVITIES.
‘‘Each State receiving a grant under section 2011(a)
may use the grant funds—
‘‘(1) to develop and implement a system to
measure the effectiveness of specific professional de-
velopment programs and strategies;
‘‘(2) to increase the portability of teacher pen-
sions and reciprocity of teaching certification or li-
censure among States, except that no reciprocity
agreement developed under this section may lead to
the weakening of any State teacher certification or
licensing requirement;
‘‘(3) to develop or assist local educational agen-
cies in the development and utilization of proven, in-
novative strategies to deliver intensive professional
development programs that are cost effective and
easily accessible, such as programs offered through
the use of technology and distance learning;
‘‘(4) to provide assistance to local educational
agencies for the development and implementation of
innovative professional development programs that
train teachers to use technology to improve teaching
213
and learning and that are consistent with the re-
quirements of section 2019;
‘‘(5) to provide professional development to en-
able teachers to ensure that female students, minor-
ity students, limited English proficient students, stu-
dents with disabilities, and economically disadvan-
taged students have the full opportunity to achieve
challenging State content and performance stand-
ards in the core academic subjects;
‘‘(6) to increase the number of women, minori-
ties, and individuals with disabilities who teach in
the State and who are fully qualified and provide in-
struction in core academic subjects in which such in-
dividuals are underrepresented;
‘‘(7) to increase the number of highly qualified
women, minorities, and individuals from other
underrepresented groups who are involved in the ad-
ministration of elementary schools and secondary
schools within the State; and
‘‘(8) to develop and implement rigorous testing
procedures for teachers, as required in section
2002(1)(A), to ensure that the teachers have teach-
ing skills and academic content knowledge necessary
to teach effectively the content called for by States
214
local standards in all academic subjects in which the
teachers provide instruction.
‘‘SEC. 2016. STATE ADMINISTRATIVE EXPENSES.
‘‘Each State receiving a grant under section 2011(a)
may use not more than 5 percent of the amount set aside
in section 2012(a)(2) for the cost of—
‘‘(1) planning and administering the activities
described in section 2013(b); and
‘‘(2) making subgrants to local educational
agencies under section 2012.
‘‘SEC. 2017. LOCAL PLANS.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a grant from the State under section 2012(a)(3)
shall submit a local plan to the State educational agency—
‘‘(1) at such time, in such manner, and accom-
panied by such information as the State educational
agency may require; and
‘‘(2) that describes how the local educational
agency will coordinate the activities for which assist-
ance is sought under this part with other programs
carried out under this Act, or other Acts, as appro-
priate.
‘‘(b) LOCAL PLAN CONTENTS.—The local plan de-
scribed in subsection (a) shall, at a minimum—
215
‘‘(1) describe how the local educational agency
will use the grant funds to meet the State perform-
ance objectives for teacher qualifications and profes-
sional development described in section 2014;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools
accountable for meeting the requirements described
in this part;
‘‘(3) contain an assurance that the local edu-
cational agency will target funds to elementary
schools and secondary schools served by the local
educational agency that—
‘‘(A) have the lowest proportion of fully
qualified teachers; and
‘‘(B) are identified for school improvement
under section 1116;
‘‘(4) describe how the local educational agency
will coordinate professional development activities
authorized under section 2018(a) with professional
development activities provided through other Fed-
eral, State, and local programs, including those au-
thorized under titles I and III and, where applicable,
the Individuals with Disabilities Education Act and
the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998; and
216
‘‘(5) describe how the local educational agency
has collaborated with teachers, principals, parents,
and administrators in the preparation of the local
plan.
‘‘SEC. 2018. LOCAL ACTIVITIES.
‘‘(a) IN GENERAL.—Each local educational agency
receiving a grant under section 2012(a)(3) shall use the
grant funds to—
‘‘(1) support professional development activities,
consistent with section 2019, for—
‘‘(A) teachers, in at least the areas of
reading, mathematics, and science; and
‘‘(B) teachers, principals, and administra-
tors in order to provide such individuals with
the knowledge and skills to provide all students,
including female students, minority students,
limited English proficient students, students
with disabilities, and economically disadvan-
taged students, with the opportunity to meet
challenging State content and student perform-
ance standards;
‘‘(2) provide professional development to teach-
ers, principals, and administrators to enhance the
use of technology within elementary schools and sec-
217
ondary schools in order to deliver more effective cur-
ricula instruction;
‘‘(3) recruit and retain fully qualified teachers
and highly qualified principals, particularly for ele-
mentary schools and secondary schools located in
areas with high percentages of low-performing stu-
dents and students from families below the poverty
line;
‘‘(4) recruit and retain fully qualified teachers
and high quality principals to serve in the elemen-
tary schools and secondary schools with the highest
proportion of low-performing students, such as
through—
‘‘(A) mentoring programs for newly hired
teachers and for newly hired principals; and
‘‘(B) programs that provide other incen-
tives, including financial incentives, to retain—
‘‘(i) teachers who have a record of
success in helping low-performing students
improve those students’ academic success;
and
‘‘(ii) principals who have a record of
improving the performance of all students,
or significantly narrowing the gaps be-
tween minority students and nonminority
218
students, and economically disadvantaged
students and noneconomically disadvan-
taged students, within the elementary
schools or secondary schools served by the
principals;
‘‘(5) provide professional development that in-
corporates effective strategies, techniques, methods,
and practices for meeting the educational needs of
diverse groups of students, including female stu-
dents, minority students, students with disabilities,
limited English proficient students, and economically
disadvantaged students; and
‘‘(6) provide professional development for men-
tal health professionals, including school psycholo-
gists, school counselors, and school social workers,
that is focused on enhancing the skills and knowl-
edge of such individuals so that they may help stu-
dents exhibiting distress (such as substance abuse,
disruptive behavior, and suicidal behavior) meet the
challenging State student performance standards.
‘‘(b) OPTIONAL ACTIVITIES.—Each local educational
agency receiving a grant under section 2012(a)(3) may
use the subgrant funds—
‘‘(1) to provide a signing bonus or other finan-
cial incentive, such as differential pay for—
219
‘‘(A) a teacher to teach in an academic
subject for which there exists a shortage of fully
qualified teachers within the elementary school
or secondary school in which the teacher teach-
es or within the elementary schools and sec-
ondary schools served by the local educational
agency; or
‘‘(B) a highly qualified principal in a
school in which there is a large percentage of
children—
‘‘(i) from low-income families; or
‘‘(ii) with high percentages of low-per-
formance scores on State assessments;
‘‘(2) to establish programs that—
‘‘(A) recruit professionals into teaching
from other fields and provide such professionals
with alternative routes to teacher certification,
especially in the areas of mathematics, science,
and English language arts; and
‘‘(B) provide increased teaching and ad-
ministration opportunities for fully qualified fe-
males, minorities, individuals with disabilities,
and other individuals underrepresented in the
teaching or school administration professions;
220
‘‘(3) to establish programs and activities that
are designed to improve the quality of the teacher
and principal force, such as innovative professional
development programs (which may be provided
through partnerships, including partnerships with
institutions of higher education), and including pro-
grams that—
‘‘(A) train teachers and principals to uti-
lize technology to improve teaching and learn-
ing; and
‘‘(B) are consistent with the requirements
of section 2019;
‘‘(4) to provide collaboratively designed per-
formance pay systems for teachers and principals
that encourage teachers and principals to work to-
gether to raise student performance;
‘‘(5) to establish professional development pro-
grams that provide instruction in how to teach chil-
dren with different learning styles, particularly chil-
dren with disabilities and children with special learn-
ing needs (including children who are gifted and tal-
ented);
‘‘(6) to establish professional development pro-
grams that provide instruction in how best to dis-
cipline children in the classroom, and to identify
221
early and appropriate interventions to help children
described in paragraph (5) learn;
‘‘(7) to provide professional development pro-
grams that provide instruction in how to teach char-
acter education in a manner that—
‘‘(A) reflects the values of parents, teach-
ers, and local communities; and
‘‘(B) incorporates elements of good char-
acter, including honesty, citizenship, courage,
justice, respect, personal responsibility, and
trustworthiness;
‘‘(8) to provide scholarships or other incentives
to assist teachers in attaining national board certifi-
cation;
‘‘(9) to support activities designed to provide ef-
fective professional development for teachers of lim-
ited English proficient students; and
‘‘(10) to establish other activities designed—
‘‘(A) to improve professional development
for teachers, principals, and administrators that
are consistent with section 2019; and
‘‘(B) to recruit and retain fully qualified
teachers and highly qualified principals.
222
‘‘SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
‘‘(a) LIMITATION RELATING TO CURRICULUM AND
CONTENT AREAS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a local educational agency may not use
grant funds allocated under section 2012(a)(3) to
support a professional development activity for a
teacher that is not—
‘‘(A) directly related to the curriculum for
which and content areas in which the teacher
provides instruction; or
‘‘(B) designed to enhance the ability of the
teacher to understand and use the State’s chal-
lenging content standards for the academic sub-
ject in which the teacher provides instruction.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply to professional development activities that pro-
vide instruction in methods of disciplining children.
‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITY.—A
professional development activity carried out under this
part shall—
‘‘(1) be measured, in terms of progress de-
scribed in section 2014(a), using the specific per-
formance indicators established by the State in ac-
cordance with section 2014;
223
‘‘(2) be tied to challenging State or local con-
tent standards and student performance standards;
‘‘(3) be tied to scientifically based research
demonstrating the effectiveness of such activities in
increasing student achievement or substantially in-
creasing the knowledge and teaching skills of teach-
ers;
‘‘(4) be of sufficient intensity and duration
(such as not to include 1-day or short-term work-
shops and conferences) to have a positive and lasting
impact on teachers’ performance in the classroom,
except that this paragraph shall not apply to an ac-
tivity that is 1 component described in a long-term
comprehensive professional development plan estab-
lished by a teacher and the teacher’s supervisor, and
based upon an assessment of the needs of the teach-
er, the teacher’s students, and the local educational
agency;
‘‘(5) be developed with extensive participation
of teachers, principals, parents, administrators, and
local school boards of elementary schools and sec-
ondary schools to be served under this part, and in-
stitutions of higher education in the State, and, with
respect to any professional development program de-
scribed in paragraph (6) or (7) of section 2018(b),
224
shall, if applicable, be developed with extensive co-
ordination with, and participation of, professionals
with expertise in such type of professional develop-
ment;
‘‘(6) to the extent appropriate, provide training
for teachers regarding using technology and applying
technology effectively in the classroom to improve
teaching and learning concerning the curriculum and
academic content areas, in which those teachers pro-
vide instruction; and
‘‘(7) be directly related to the content areas in
which the teachers provide instruction and the State
content standards.
‘‘(c) ACCOUNTABILITY.—
‘‘(1) IN GENERAL.—A State shall notify a local
educational agency that the agency may be subject
to the action described in paragraph (3) if, after any
fiscal year, the State determines that the programs
or activities funded by the agency under this part
fail to meet the requirements of subsections (a) and
(b).
‘‘(2) TECHNICAL
ASSISTANCE.—A local edu-
cational agency that has received notification pursu-
ant to paragraph (1) may request technical assist-
ance from the State and an opportunity for such
225
local educational agency to comply with the require-
ments of subsections (a) and (b).
‘‘(3) STATE EDUCATIONAL AGENCY ACTION.—If
a State educational agency determines that a local
educational agency failed to carry out the local edu-
cational agency’s responsibilities under this section,
the State educational agency shall take such action
as the agency determines to be necessary, consistent
with this section, to provide, or direct the local edu-
cational agency to provide, high-quality professional
development for teachers, principals, and adminis-
trators.
‘‘SEC. 2020. PARENTS’ RIGHT TO KNOW.
‘‘Each local educational agency receiving a grant
under section 2012(a)(3) shall meet the reporting require-
ments with respect to teacher qualifications described in
section 4401(h).
‘‘SEC. 2021. GAO STUDY.
‘‘Not later than September 30, 2005, the Comptroller
General of the United States shall prepare and submit to
the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a study set-
ting forth information regarding the progress of States’
compliance in increasing the percentage of fully qualified
226
teachers, as defined in section 2002(1), for fiscal years
2002 through 2004; any obstacles to compliance, and the
approximate percentage of Federal, State, and local re-
sources being expended to carry out activities to attract
and retain fully qualified teachers especially in geographic
areas and content subject areas in which a shortage of
such teachers exist.
‘‘SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.
‘‘(a) SUBGRANTS.—
‘‘(1) IN GENERAL.—A State receiving a grant
under section 2011(a) shall award subgrants, on a
competitive basis, from amounts made available
under section 2012(a)(1), to local educational agen-
cies, elementary schools, or secondary schools that
have formed educator partnerships, for the design
and implementation of programs that will enhance
professional development opportunities for teachers,
principals, and administrators, and will increase the
number of fully qualified teachers.
‘‘(2) ALLOCATIONS.—A State awarding sub-
grants under this subsection shall allocate the
subgrant funds on a competitive basis and in a man-
ner that results in an equitable distribution of the
subgrant funds by geographic areas within the
State.
227
‘‘(3) ADMINISTRATIVE EXPENSES.—Each edu-
cator partnership receiving a subgrant under this
subsection may use not more than 5 percent of the
subgrant funds for any fiscal year for the cost of
planning and administering programs under this sec-
tion.
‘‘(b) EDUCATOR PARTNERSHIPS.—An educator part-
nership described in subsection (a) includes a cooperative
arrangement between—
‘‘(1) a public elementary school or secondary
school (including a charter school), or a local edu-
cational agency; and
‘‘(2) 1 or more of the following:
‘‘(A) An institution of higher education.
‘‘(B) An educational service agency.
‘‘(C) A public or private not-for-profit edu-
cation organization.
‘‘(D) A for-profit education organization.
‘‘(E) An entity from outside the traditional
education arena, including a corporation or con-
sulting firm.
‘‘(c) USE OF FUNDS.—An educator partnership re-
ceiving a subgrant under this section shall use the
subgrant funds for one or more of the following activities:
228
‘‘(1) Developing and enhancing of professional
development activities for teachers in core academic
subjects to ensure that the teachers have content
knowledge in the academic subjects in which the
teachers provide instruction.
‘‘(2) Developing or enhancing professional de-
velopment activities for mathematics and science
teachers to ensure that such teachers have the con-
tent knowledge to teach mathematics and science.
‘‘(3) Developing and providing assistance to
local educational agencies and elementary schools
and secondary schools for sustained, high-quality
professional development activities for teachers, prin-
cipals, and administrators, that—
‘‘(A) ensure that teachers, principals, and
administrators are able to use State content
standards, performance standards, and assess-
ments to improve instructional practices and
student achievement; and
‘‘(B) may include intensive programs de-
signed to prepare a teacher who participates in
such a program to provide professional develop-
ment instruction to other teachers within the
participating teacher’s school.
229
‘‘(4) Increasing the number of fully qualified
teachers available to provide high-quality education
to limited English proficient students by—
‘‘(A) working with institutions of higher
education that offer degree programs, to attract
more people into such programs, and to prepare
better new, English language teachers to pro-
vide effective language instruction to limited
English proficient students; and
‘‘(B) supporting development and imple-
mentation of professional development pro-
grams for language instruction teachers to im-
prove the language proficiency of limited
English proficient students.
‘‘(5) Developing and implementing professional
development activities for principals and administra-
tors to enable the principals and administrators to
be effective school leaders and to improve student
achievement on challenging State content and stu-
dent performance standards, including professional
development relating to—
‘‘(A) leadership skills;
‘‘(B) recruitment, assignment, retention,
and evaluation of teachers and other staff;
230
‘‘(C) effective instructional practices, in-
cluding the use of technology; and
‘‘(D) parental and community involvement.
‘‘(6) Providing activities that enhance profes-
sional development opportunities for teachers, prin-
cipals, and administrators or will increase the num-
ber of fully qualified teachers.
‘‘(d) APPLICATION REQUIRED.—Each educator part-
nership desiring a subgrant under this section shall submit
an application to the appropriate State educational agency
at such time, in such manner, and accompanied by such
information as the State educational agency may reason-
ably require.
‘‘(e) COORDINATION.—Each educator partnership
that receives a subgrant under this section and a grant
under section 203 of the Higher Education Act of 1965
shall coordinate the activities carried out under such sec-
tion 203 with any related activities carried out under this
section.
‘‘SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $2,000,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
231
‘‘PART B—CLASS SIZE REDUCTION
‘‘SEC. 2031. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) Rigorous research has shown that students
attending small classes in the early grades make
more rapid educational gains than students in larger
classes, and that those gains persist through at least
the eighth grade.
‘‘(2) The benefits of smaller classes are greatest
for lower-achieving, minority, poor, and inner-city
children, as demonstrated by a study that found that
urban fourth graders in smaller-than-average classes
were 3⁄4 of a school year ahead of their counterparts
in larger-than-average classes.
‘‘(3) Teachers in small classes can provide stu-
dents with more individualized attention, spend more
time on instruction and less time on other tasks, and
cover more material effectively, and are better able
to work with parents to further their children’s edu-
cation, than teachers in large classes.
‘‘(4) Smaller classes allow teachers to identify
and work with students who have learning disabil-
ities sooner than is possible with larger classes, po-
tentially reducing those students’ needs for special
education services in the later grades.
232
‘‘(5) The National Research Council report,
‘Preventing Reading Difficulties in Young Children’,
recommends reducing class sizes, accompanied by
providing 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, ongoing professional de-
velopment.
‘‘(7) Several States and school districts have
begun serious efforts to reduce class sizes in the
early elementary school grades, but those efforts
may be impeded by financial limitations or difficul-
ties in hiring highly qualified teachers.
‘‘(8) The Federal Government can assist in
those efforts by providing funding for class size re-
ductions in grades 1 through 3, and by helping to
ensure that both new and current teachers who are
moving into smaller classrooms are well prepared.
‘‘SEC. 2032. PURPOSE.
‘‘The purpose of this part is to help States and local
educational agencies to reduce class size with fully quali-
233
fied teachers. Each local educational agency that receives
funds under this part shall—
‘‘(1) use such funds to carry out effective ap-
proaches to reducing class size with fully qualified
teachers who are certified within the State, including
teachers certified through State or local alternative
routes;
‘‘(2) demonstrate competency in the areas in
which they teach; and
‘‘(3) improve educational achievement for both
regular and special needs children, with particular
consideration given to reducing class size in the
early elementary grades for which some research has
shown class size reduction is most effective.
‘‘SEC. 2033. ALLOTMENTS TO STATES.
‘‘(a) RESERVATIONS FOR THE OUTLYING AREAS AND
THE BUREAU OF INDIAN AFFAIRS.—From the amount
appropriated under section 2042 for any fiscal year, the
Secretary shall reserve a total of not more than 1 percent
to make payments to—
‘‘(1) outlying areas, on the basis of their respec-
tive needs, for activities, approved by the Secretary,
consistent with this part; and
‘‘(2) the Secretary of the Interior for activities
approved by the Secretary of Education, consistent
234
with this part, in schools operated or supported by
the Bureau of Indian Affairs, on the basis of their
respective needs.
‘‘(b) ALLOTMENTS TO STATES.—
‘‘(1) IN GENERAL.—From the amount appro-
priated under section 2042 for a fiscal year and re-
maining after the Secretary makes reservations
under subsection (a), the Secretary shall make
grants by allotting to each State having a State ap-
plication approved under section 2034(c) an amount
that bears the same relationship to the remainder as
the greater of the amounts that the State received
in the preceding fiscal year under sections 1122 and
2202(b) (as such sections were in effect on the day
preceding the date of enactment of the Public Edu-
cation Reinvestment, Reinvention, and Rededication
Act) bears to the total of the greater amounts that
all States received under such sections for the pre-
ceding fiscal year.
‘‘(2) RATABLE REDUCTION.—If the sums made
available under paragraph (1) for any fiscal year are
insufficient to pay the full amounts that all States
are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such
amounts for such year.
235
‘‘(3) REALLOTMENT.—If any State chooses not
to participate in the program carried out under this
part, or fails to submit an approvable application
under this part, the Secretary shall reallot the
amount that such State would have received under
paragraphs (1) and (2) to States having applications
approved under section 2034(c), in accordance with
paragraphs (1) and (2).
‘‘SEC. 2034. APPLICATIONS.
‘‘(a) APPLICATIONS REQUIRED.—The State edu-
cational agency for each State desiring a grant under this
part shall submit an application to the Secretary at such
time, in such form, and containing such information as
the Secretary may require.
‘‘(b) CONTENTS.—The application shall include—
‘‘(1) a description of the State’s goals for using
funds under this part to reduce average class sizes
in regular classrooms in grades 1 through 3, includ-
ing a description of class sizes in those classrooms,
for each local educational agency in the State (as of
the date of submission of the application);
‘‘(2) a description of how the State educational
agency will allocate program funds made available
through the grant within the State;
236
‘‘(3) a description of how the State will use
other funds, including other Federal funds, to re-
duce class sizes and to improve teacher quality and
reading achievement within the State; and
‘‘(4) an assurance that the State educational
agency will submit to the Secretary such reports and
information as the Secretary may reasonably re-
quire.
‘‘(c) APPROVAL OF APPLICATIONS.—The Secretary
shall approve a State application submitted under this sec-
tion if the application meets the requirements of this sec-
tion and holds reasonable promise of achieving the purpose
of this part.
‘‘(d) Not later than 30 days after the date of the en-
actment of this Act, the Secretary shall provide specific
notification to each local educational agency eligible to re-
ceive funds under section 2037(b)(2)(B) and the ability
to use such funds to carry out activities under section
2037(b)(1)(C).
‘‘SEC. 2035. WITHIN-STATE ALLOCATIONS.
‘‘(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES.—Each State receiving a grant under this part for
any fiscal year may reserve not more than 1 percent of
the grant funds for the cost of administering this part
and, using the remaining funds, shall make subgrants by
237
allocating to each local educational agency in the State
the sum of—
‘‘(1) an amount that bears the same relation-
ship to 80 percent of the remainder as the school-
age population from families with incomes below the
poverty line in the area served by the local edu-
cational agency bears to the school-age population
from families with incomes below the poverty line in
the area served by all local educational agencies in
the State; and
‘‘(2) an amount that bears the same relation-
ship to 20 percent of the remainder as the enroll-
ment of the school-age population in public and pri-
vate nonprofit elementary schools and secondary
schools in the area served by the local educational
agency bears to the enrollment of the school-age
population in public and private nonprofit elemen-
tary schools and secondary schools in the area
served by all local educational agencies in the State.
‘‘(b) REALLOCATION.—If any local educational agen-
cy chooses not to participate in the program carried out
under this part, or fails to submit an approvable applica-
tion under this part, the State educational agency shall
reallocate the amount such local educational agency would
have received under subsection (a) to local educational
238
agencies having applications approved under section
2036(b), in accordance with subsection (a).
‘‘SEC. 2036. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—Each local educational agency
desiring a subgrant under section 2035(a) shall submit an
application to the appropriate State educational agency at
such time, in such form, and containing such information
as the State educational agency may require, including a
description of the local educational agency’s program to
reduce class sizes by hiring additional highly qualified
teachers.
‘‘(b) APPROVAL OF APPLICATIONS.—The State edu-
cational agency shall approve a local agency application
submitted under subsection (a) if the application meets
the requirements of subsection (a) and holds reasonable
promise of achieving the purpose of this part.
‘‘SEC. 2037. USES OF FUNDS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a subgrant under section
2035(a) may use not more than 3 percent of the subgrant
funds for any fiscal year for the cost of administering this
part.
‘‘(b) LOCAL ACTIVITIES.—
239
‘‘(1) IN
GENERAL.—Each local educational
agency receiving subgrant funds under this section
may use such subgrant funds for—
‘‘(A) recruiting (including through the use
of signing bonuses, and other financial incen-
tives), hiring, and training fully qualified reg-
ular and special education teachers (which may
include hiring special education teachers to
team-teach with regular teachers in classrooms
that contain both children with disabilities and
non-disabled children) and teachers of special-
needs children, who are certified within the
State, including teachers who are certified
through State or local alternative routes, have
a bachelor’s degree, and demonstrate the gen-
eral knowledge, teaching skills, and subject
matter knowledge required to teach in the con-
tent areas in which the teachers provide in-
struction;
‘‘(B) testing new teachers for academic
content knowledge and satisfaction of State cer-
tification requirements consistent with title II
of the Higher Education Act of 1965; and
240
‘‘(C) providing professional development
which may include such activities as those de-
scribed in section 2018.
‘‘(2) LIMITATIONS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraph (B), a local educational agency
may use not more than a total of 25 percent of
the award received under this section for activi-
ties described in subparagraphs (A) and (B) of
paragraph (1).
‘‘(B) A local educational agency in which
10 percent or more of teachers in elementary
schools, as defined by section 8101(14) of the
Elementary and Secondary Education Act of
1965, have not more applicable State and local
certification requirements (including certifi-
cation through State or local alternative
routes), or if such requirements have been
waived, may use more than 25 percent of the
funds it receives under this section for activities
described in subparagraph (A)(iii) to help
teachers who are not certified by the State be-
come certified, including through State or local
alternative routes, or to help teachers affected
by class size reduction who lack sufficient con-
241
tent knowledge to teach effectively in the areas
they teach to obtain that knowledge, if the local
educational agency notifies the State edu-
cational agency of the percentage of the funds
that it will use for the purpose described in this
clause.
‘‘(3) ADDITIONAL USES.—
‘‘(A) IN
GENERAL.—A local educational
agency that has already reduced class size in
the early grades to 18 or less children (or has
already reduced class size to a State or local
class size reduction goal that was in effect on
the day before the enactment of the Depart-
ment of Education Appropriations Act, 2000, if
that State or local educational agency goal is 20
or fewer children) may use funds received under
this section—
‘‘(i) to make further class size reduc-
tions in grades kindergarten through 3;
‘‘(ii) to reduce class size in other
grades; or
‘‘(iii) to carry out activities to improve
teacher quality, including professional de-
velopment.
242
‘‘(B) PROFESSIONAL DEVELOPMENT.—If a
local educational agency has already reduced
class size in the early grades to 18 or fewer
children and intends to use funds provided
under this Part to carry out professional devel-
opment activities, including activities to improve
teacher quality, then the State shall make the
award under section 2035 to the local edu-
cational agency.
‘‘(c) SPECIAL RULE.—Notwithstanding subsection
(b), if the award to a local educational agency under sec-
tion 2035 is less than the starting salary for a new fully
qualified teacher teaching in a school served by that agen-
cy, and such teacher is certified within the State (which
may include certification through State or local alternative
routes), has a bachelor’s degree, and demonstrates the
general knowledge, teaching skills, and subject matter
knowledge required to teach in the content areas the
teacher is assigned to provide instruction, then the agency
may use grant funds under this part to—
‘‘(1) help pay the salary of a full- or part-time
teacher hired to reduce class size, which may be in
combination with other Federal, State, or local
funds; or
243
‘‘(2) pay for activities described in subsection
(b), which may be related to teaching in smaller
classes.
‘‘SEC. 2038. PRIVATE SCHOOLS.
‘‘If a local educational agency uses funds made avail-
able under this Part for professional development activi-
ties, the local educational agency shall ensure the equitable
participation of private nonprofit elementary schools and
secondary schools in such activities.
‘‘SEC. 2039. TEACHER SALARIES AND BENEFITS.
‘‘A local educational agency may use grant funds pro-
vided under this part—
‘‘(1) except as provided in paragraph (2) of sec-
tion 2037(b), to increase the salaries of, or provide
benefits (other than participation in professional de-
velopment and enrichment programs) to, teachers
only if such teachers were hired under this part; and
‘‘(2) to pay the salaries of teachers hired under
section 307 of the Department of Education Appro-
priations Act of 1999 or under section 310 of the
Department of Education Appropriations Act 2000
who, not later than the beginning of the 2001–2002
school year, are fully qualified, as defined in section
2002(1).
244
‘‘SEC. 2040. STATE REPORT REQUIREMENTS.
‘‘(a) REPORT ON ACTIVITIES.—A State educational
agency receiving funds under this part shall submit a re-
port to the Secretary providing information about the ac-
tivities in the State assisted under this part.
‘‘(b) PROHIBITION.—No funds under this section
may be used to pay the salary of any teacher hired with
funds under section 307 of the Department of Education
Appropriations Act, 1999, unless, by the start of the
2001–2002 school year, the teacher is certified within the
State (which may include certification through State or
local alternative routes) and demonstrates competency in
the subject areas in which the teacher teaches.
‘‘(c) REPORT TO PARENTS.—Each State educational
agency and local educational agency receiving funds under
this part shall publicly issue a report to parents of children
who attend schools assisted under this part describing—
‘‘(1) the agency’s progress in reducing class
size;
‘‘(2) the agency’s progress in increasing the
percentage of classes in core academic areas that are
taught by fully qualified teachers who are certified
within the State and demonstrate competency in the
content areas in which the teachers provide instruc-
tion; and
245
‘‘(3) the impact, if any, that hiring additional
highly qualified teachers and reducing class size has
had on increasing student academic achievement in
schools served by the agency.
‘‘(c) PROFESSIONAL
QUALIFICATIONS
REPORT.—
Upon the request of a parent of a child attending a school
receiving assistance under this part, such school shall pro-
vide the parent with information regarding the profes-
sional qualifications of their child’s teacher.
‘‘SEC. 2041. SUPPLEMENT NOT SUPPLANT.
‘‘Each local educational agency receiving grant funds
under this part shall use such funds only to supplement,
and not to supplant, State and local funds that, in the
absence of such funds, would otherwise be spent for activi-
ties under this part.
‘‘SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $1,623,000,000 for fiscal
year 2002, and such sums as may be necessary for each
of the 4 succeeding fiscal years.’’.
246
TITLE III—LANGUAGE MINORITY
STUDENTS AND INDIAN, NA-
TIVE HAWAIIAN, AND ALASKA
NATIVE EDUCATION
SEC. 301. LANGUAGE MINORITY STUDENTS.
Title III (20 U.S.C. 6801 et seq.) is amended—
(1) by amending the heading for title III to
read as follows:
‘‘TITLE III—LANGUAGE MINOR-
ITY STUDENTS AND INDIAN,
NATIVE HAWAIIAN, AND ALAS-
KA NATIVE EDUCATION’’;
(2) by repealing section 3101 (20 U.S.C. 6801)
and part A (20 U.S.C. 6811 et seq.); and
(3) by inserting after the heading for title III
(as amended by paragraph (1)) the following:
‘‘PART A—LANGUAGE MINORITY STUDENTS
‘‘SEC. 3101. FINDINGS, POLICY, AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1)(A) Educating limited English proficient
students is an urgent goal for many local edu-
cational agencies, but that goal is not being
achieved.
247
‘‘(B) Each year, 640,000 limited English pro-
ficient students are not served by any sort of pro-
gram targeted to the students’ unique needs.
‘‘(C) In 1998, only 15 percent of local edu-
cational agencies that applied for funding under en-
hancement grants and comprehensive school grants
received such funding.
‘‘(2)(A) The school dropout rate for Hispanic
students, the largest group of limited English pro-
ficient students, is approximately 29 percent, and is
approximately 44 percent for Hispanic students born
outside of the United States.
‘‘(B) A United States Department of Education
report regarding school dropout rates states that
language difficulty ‘may be a barrier to participation
in United States schools’.
‘‘(C) Reading ability is a key predictor of grad-
uation and academic success.
‘‘(3) Through fiscal year 1999, bilingual edu-
cation capacity and demonstration grants—
‘‘(A) have spread funding too broadly to
make an impact on language instruction edu-
cational programs implemented by State edu-
cational agencies and local educational agencies;
and
248
‘‘(B) have lacked concrete performance
measures.
‘‘(4)(A) Since 1979, the number of limited
English proficient children in schools in the United
States has doubled to more than 3,000,000, and de-
mographic trends indicate the population of limited
English proficient children will continue to increase.
‘‘(B) Language-minority Americans speak vir-
tually all world languages plus many that are indige-
nous to the United States.
‘‘(C) The rich linguistic diversity language-mi-
nority students bring to America’s classrooms en-
hances the learning environment for all students and
should be valued for the significant, positive impact
such diversity has on the entire school environment.
‘‘(D) Parent and community participation in
educational language programs for limited English
proficient students contributes to program effective-
ness.
‘‘(E) The Federal Government, as reflected in
title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and section 204(f) of the Equal Edu-
cation Opportunities Act of 1974 (20 U.S.C. 1703),
has a special and continuing obligation to ensure
that States and local educational agencies take ap-
249
propriate action to provide equal educational oppor-
tunities to limited English proficient children and
youth.
‘‘(F) The Federal Government also, as exempli-
fied by programs authorized under this title, has a
special and continuing obligation to assist States
and local educational agencies to develop the capac-
ity to provide programs of instruction that offer lim-
ited English proficient children and youth equal edu-
cational opportunities.
‘‘(5) 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) 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;
‘‘(B) the limited ability of parents of such
children and youth to participate fully in the
education of their children because of the par-
ents’ own limited English proficiency;
250
‘‘(C) a shortage of teachers and other staff
who are professionally trained and qualified to
serve such children and youth; and
‘‘(D) lack of appropriate performance and
assessment standards that distinguish between
language and academic achievement so that
there is equal accountability on the part of
State educational agencies and local educational
agencies for the achievement of limited English
proficient students in academic content while
acquiring English language skills.
‘‘(b) POLICY.—Congress declares it to be the policy
of the United States that in order to ensure equal edu-
cational opportunity for all children and youth, and to pro-
mote educational excellence, the Federal Government
should—
‘‘(1) assist State educational agencies, local
educational agencies, and community-based organi-
zations to build their capacity to establish, imple-
ment, and sustain programs of instruction and
English language development for children and
youth of limited English proficiency;
‘‘(2) hold State educational agencies and local
educational agencies accountable for increases in
251
English proficiency and core content knowledge
among limited English proficient students; and
‘‘(3) promote parental and community partici-
pation in limited English proficiency programs.
‘‘(c) PURPOSE.—The purposes of this part are to—
‘‘(1) assist all limited English proficient stu-
dents in attaining English proficiency;
‘‘(2) help all limited English proficient students
develop high levels of attainment in the academic
core subjects so that those students can meet the
same challenging State content standards and chal-
lenging State student performance standards ex-
pected for all children as required by section
1111(b); and
‘‘(3) help local educational agencies develop and
enhance their capacity to provide high quality in-
struction in teaching limited English proficient chil-
dren in achieving the same high levels of academic
achievement as other children by—
‘‘(A) streamlining existing language in-
struction programs into a performance-based
grant for State and local educational agencies
to help limited English proficient students be-
come proficient in English;
252
‘‘(B) increasing significantly the amount of
Federal assistance to local educational agencies
serving such students while requiring that State
educational agencies and local educational agen-
cies demonstrate annual improvements in the
English proficiency of such students from the
preceding fiscal year and making adequate
yearly progress with limited English proficient
students in the subject areas of core content
knowledge as described in section 111; and
‘‘(C) providing State educational agencies
and local educational agencies with the flexi-
bility to implement instructional programs
based on scientific research that the agencies
believe to be the most effective for teaching
English.
‘‘SEC. 3102. DEFINITIONS.
‘‘Except as otherwise provided, for purposes of this
part:
‘‘(1) LIMITED
ENGLISH
PROFICIENT
STU-
DENT.—The term ‘limited English proficient stu-
dent’ means an individual aged 5 through 17 en-
rolled in an elementary school or secondary school—
‘‘(A) who—
253
‘‘(i) was not born in the United States
or whose native language is a language
other than English; or
‘‘(ii) is a Native American or Alaska
Native, or who is a native resident of the
outlying areas and comes from an environ-
ment where a language other than English
has had a significant impact on such indi-
vidual’s level of English language pro-
ficiency; or
‘‘(iii) is migratory and whose native
language is other than English, and who
comes from an environment where a lan-
guage other than English is dominant; and
‘‘(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny such
individual the opportunity to learn successfully
in classrooms where the language of instruction
is English or to participate fully in our society.
‘‘(2) 
PROFICIENT.—A 
student’s 
skills 
in
English are sufficient to allow such student to attain
the proficient level of performance in content areas.
‘‘(3) LANGUAGE
INSTRUCTION
EDUCATIONAL
PROGRAM.—The term ‘language instruction edu-
254
cational program’ means an instructional course in
which a limited English proficient student is placed
for the purpose of becoming proficient in the
English language.
‘‘(4) SPECIALLY
QUALIFIED
AGENCY.—The
term ‘specially qualified agency’ means a local edu-
cational agency in a State that does not participate
in a program under this part for a fiscal year.
‘‘(5) STATE.—The term ‘State’ means each of
the several States of the United States, the District
of Columbia, and the Commonwealth of Puerto Rico.
‘‘SEC. 3103. PROGRAM AUTHORIZED.
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall
award grants, from allotments under subsection (b), to
each State having a State plan approved under section
3105(c), to enable the State to help limited English pro-
ficient students become proficient in English.
‘‘(b) RESERVATIONS AND ALLOTMENTS.—
‘‘(1) RESERVATIONS.—From the amount appro-
priated under section 3110 to carry out this part for
each fiscal year, the Secretary shall reserve—
‘‘(A) 1⁄2 of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent
with this part, in schools operated or supported
255
by the Bureau of Indian Affairs, on the basis
of their respective needs for assistance under
this part; and
‘‘(B) 1⁄2 of 1 percent of such amount for
payments to outlying areas, to be allotted in ac-
cordance with their respective needs as deter-
mined by the Secretary, for activities, approved
by the Secretary, consistent with this part.
‘‘(2) STATE ALLOTMENTS.—From the amount
appropriated under section 3110 for any of the fiscal
years 2002 through 2006 that remains after making
reservations under paragraph (1), the Secretary
shall allot to each State having a State plan ap-
proved under section 3105(c) an amount that bears
the same relationship to the remainder as the num-
ber of limited English proficient students in the
State bears to the number of limited English pro-
ficient students in all States.
‘‘(3) DATA.—For the purpose of determining
the number of limited English proficient students in
a State and in all States for each fiscal year, the
Secretary shall use data that will yield the most ac-
curate, up-to-date numbers of such students,
including—
256
‘‘(A) data available from the Bureau of the
Census; or
‘‘(B) data submitted to the Secretary by
the States to determine the number of limited
English proficient students in a State and in all
States.
‘‘(4) HOLD-HARMLESS
AMOUNTS.—For fiscal
year 2002, and for each of the 4 succeeding fiscal
years, notwithstanding paragraph (2), the total
amount allotted to each State under this subsection
shall be not less than 85 percent of the total amount
the State was allotted under parts A and B of title
VII (as such title was in effect on the day preceding
the date of enactment of the Public Education Rein-
vestment, 
Reinvention, 
and 
Responsibility 
Act
(Three R’s)).
‘‘(c) DIRECT AWARDS
TO SPECIALLY QUALIFIED
AGENCIES.—
‘‘(1) NONPARTICIPATING
STATE.—If a State
educational agency for a fiscal year elects not to par-
ticipate in a program under this part, or does not
have an application approved under section 3105(c),
a specially qualified agency in such State desiring a
grant under this part for the fiscal year shall apply
257
directly to the Secretary to receive a grant under
this subsection.
‘‘(2) DIRECT
AWARDS.—The Secretary may
award, on a competitive basis, the amount the State
educational agency is eligible to receive under sub-
section (b)(2) directly to specially qualified agencies
in the State desiring a grant under paragraph (1)
and having an application approved under section
3105(c).
‘‘(3) ADMINISTRATIVE
FUNDS.—A specially
qualified agency that receives a direct grant under
this subsection may use not more than 1 percent of
the grant funds for the administrative costs of car-
rying out this part in the first year the agency re-
ceives a grant under this subsection and 0.5 percent
for such costs in the second and each succeeding
such year.
‘‘SEC. 3104. WITHIN-STATE ALLOCATIONS.
‘‘(a) GRANT AWARDS.—Each State educational agen-
cy receiving a grant under section 3103(a) shall use 95
percent of the grant funds to award subgrants, from allot-
ments under subsection (b), to local educational agencies
in the State to carry out the activities described in section
3107.
258
‘‘(b) ALLOTMENT
FORMULA.—Each State edu-
cational agency receiving a grant under this part shall
award a grant to each local educational agency in the
State having a plan approved under section 3106 in an
amount that bears the same relationship to the amount
of funds appropriated under section 3110 as the school-
age population of limited English proficient students in
schools served by the local educational agency bears to the
school-age population of limited English proficient stu-
dents in schools served by all local educational agencies
in the State.
‘‘(c) RESERVATIONS.—
‘‘(1) STATE
ACTIVITIES.—Each State edu-
cational agency receiving a grant under this part
may reserve not more than 5 percent of the grant
funds to carry out activities described in the State
plan submitted under section 3105.
‘‘(2) ADMINISTRATIVE
EXPENSES.—From the
amount reserved under paragraph (1), a State edu-
cational agency may use not more than 2 percent for
the planning costs and administrative costs of car-
rying out the activities described in the State plan
and providing grants to local educational agencies.
259
‘‘SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY
PLAN.
‘‘(a) PLAN
REQUIRED.—Each State educational
agency and specially qualified agency desiring a grant
under this part shall submit a plan to the Secretary at
such time, in such manner and accompanied by such infor-
mation as the Secretary may require.
‘‘(b) CONTENTS.—Each State plan submitted under
subsection (a) shall—
‘‘(1) describe how the State or specially quali-
fied agency will—
‘‘(A) establish rigorous standards and an-
nual benchmarks for English language develop-
ment in each of the domains of speaking, read-
ing, writing, and listening; for each domain
there shall be at least 3 benchmarks of per-
formance: not proficient, partially proficient,
and proficient;
‘‘(B) develop and implement a system of
high-quality, annual assessments to measure
the development of English language proficiency
in the domains of speaking, listening, reading,
and writing;
‘‘(C) develop annual performance bench-
marks, based on the English language develop-
ment standards described in subparagraph (A),
260
to raise the level of English proficiency of each
limited English proficient student;
‘‘(2) contain an assurance that the State edu-
cational agency or specially qualified agency con-
sulted with local educational agencies, education-re-
lated community groups and nonprofit organizations,
parents, 
teachers, 
school 
administrators, 
and
English language instruction specialists, in the set-
ting of the performance benchmarks;
‘‘(3) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will hold
local educational agencies and elementary
schools and secondary schools accountable for—
‘‘(i) ensuring that each student en-
rolled in a program or classroom is making
substantial and continuous progress in at-
taining English language proficiency in
each of the
‘‘(ii) making adequate yearly progress
with limited English proficient students in
the subject areas of core content knowl-
edge measured by the assessments required
in section 1111; and
261
‘‘(B) in the case of a specially qualified agency,
the agency will hold elementary schools and sec-
ondary schools accountable for ensuring that each
student enrolled in a program or classroom making
substantial and continuous progress in attaining
English language proficiency in each of the 4 do-
mains and making adequate yearly progress in the
subject areas of core content knowledge measure by
the assessments required by section 1111.
‘‘(4) describe the activities for which assistance
is sought, and how the activities will increase the
speed and effectiveness with which students learn
English;
‘‘(5) in the case of a State educational agency,
describe how local educational agencies will be given
the flexibility to teach English—
‘‘(A) using language instruction curriculum
that through scientific research has been dem-
onstrated to be effective; and
‘‘(B) employing instructional methods and
strategy that the local educational agencies de-
termine to be the most effective; and
‘‘(6) describe how—
‘‘(A) in the case of a State educational
agency, the State educational agency will pro-
262
vide technical assistance to local educational
agencies and elementary schools and secondary
schools for the purposes of identifying and im-
plementing English language instruction edu-
cational programs and curricula that are sci-
entifically research based; and
‘‘(B) provide technical assistance to local
educational agencies and elementary and sec-
ondary schools for the purposes of helping lim-
ited English proficient students meet the same
challenging State content standards and chal-
lenging State student performance standards
expected of all children.
‘‘(C) in the case of a specially qualified
agency, the specially qualified agency will pro-
vide technical assistance to elementary schools
and secondary schools served by the specially
qualified agency for the purposes of identifying
and implementing English language instruction
educational programs and curricula that are
scientifically research based.
‘‘(c) APPROVAL.—The Secretary, using a peer review
process, shall approve a State plan or a specially qualified
agency plan if the plan meets the requirements of this sec-
263
tion, and holds reasonable promise of achieving the pur-
pose described in section 3101(c).
‘‘(d) DURATION OF THE PLAN.—
‘‘(1) IN GENERAL.—Each State plan or spe-
cially qualified agency plan shall—
‘‘(A) remain in effect for the duration of
the State’s or specially qualified agency’s par-
ticipation under this part; and;
‘‘(B) be periodically reviewed and revised
by the State or specially qualified agency, as
necessary, to reflect changes in the State’s or
specially qualified agency’s strategies and pro-
grams under this part.
‘‘(2) ADDITIONAL INFORMATION.—If the State
educational agency or specially qualified agency
makes significant changes in its plan, such as the
adoption of new performance objectives or assess-
ment measures, the State educational agency or spe-
cially qualified agency shall submit such information
to the Secretary.
‘‘(e) CONSOLIDATED PLAN.—A State plan submitted
under subsection (a) may be submitted as part of a con-
solidated plan under section 8302.
‘‘(f) SECRETARY ASSISTANCE.—Pursuant to section
7004(a)(3), the Secretary shall provide assistance, if re-
264
quired, in the development of English language develop-
ment standards and English language proficiency assess-
ments.
‘‘SEC. 3106. LOCAL PLANS.
‘‘(a) PLAN REQUIRED.—Each local educational agen-
cy desiring a grant from the State educational agency
under section 3104(a) shall submit a plan to the State
educational agency at such time, in such manner, and ac-
companied by such information as the State educational
agency may require.
‘‘(b) CONTENTS.—Each local educational agency plan
submitted under subsection (a) shall—
‘‘(1) describe how the local educational agency
shall use the grant funds to meet the English pro-
ficiency performance objectives described in section
3109;
‘‘(2) describe how the local educational agency
will hold elementary schools and secondary schools
accountable for meeting the performance objectives;
‘‘(3) describe how the local educational agency
will hold elementary and secondary schools account-
able for making adequate yearly progress with lim-
ited English proficient students in the subject areas
of core content knowledge as described in section
1111.
265
‘‘(4) contain an assurance that the local edu-
cational agency consulted with elementary schools
and secondary schools, education-related community
groups and nonprofit organizations, institutions of
higher education, parents, language instruction
teachers, school administrators, and English lan-
guage instruction specialists, in developing the local
educational agency plan; and
‘‘(5) contain an assurance that the local edu-
cational agency will use the disaggregated results of
the student assessments required under section
1111(b)(4), and other measures or indicators avail-
able to the agency, to review annually the progress
of each school served by the agency under this part
and under title I to determine whether the schools
are making the annual progress necessary to ensure
that limited English proficient students attending
the schools will meet the proficient State content
and student performance standard within 10 years
of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act (Three R’s).
‘‘SEC. 3107. USES OF FUNDS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Each local edu-
cational agency receiving a grant under section 3104 may
266
use not more than 1 percent of the grant funds for any
fiscal year for the cost of administering this part.
‘‘(b) ACTIVITIES.—Each local educational agency re-
ceiving grant funds under section 3104 shall use the grant
funds that are not used under subsection (a)—
‘‘(1) to increase limited English proficient stu-
dents’ proficiency in English and academic achieve-
ment by developing and implementing English lan-
guage and academic content instructional programs
for children served under this part that are—
‘‘(A) tied to scientifically based research
demonstrating the effectiveness of the pro-
grams; and
‘‘(B) approved by the State educational
agency;
‘‘(2) to provide high-quality professional devel-
opment activities for teachers of limited English pro-
ficient students that are—
‘‘(A) designed to enhance the ability of
such teachers to understand and use curricula,
assessment measures, and instructional strate-
gies for limited English proficient students;
‘‘(B) tied to scientifically based research
demonstrating the effectiveness of such pro-
grams in increasing students’ English pro-
267
ficiency or substantially increasing the knowl-
edge and teaching skills of such teachers; and
‘‘(C) of sufficient intensity and duration
(such as not to include 1-day or short-term
workshops and conferences) to have a positive
and lasting impact on the teacher’s perform-
ance in the classroom, except that this para-
graph shall not apply to an activity that is 1
component of a long-term, comprehensive pro-
fessional development plan established by a
teacher and the teacher’s supervisor based upon
an assessment of the teacher’s and supervisor’s
needs, the student’s needs, and the needs of the
local educational agency;
‘‘(3) to identify, acquire, and upgrade curricula,
instructional materials, educational software, and as-
sessment procedures; and
‘‘(4) to provide parent and community partici-
pation programs to improve English language in-
struction programs for limited English proficient
students.
‘‘SEC. 3108. PROGRAM REQUIREMENTS.
‘‘(a) PROHIBITION.—In carrying out this part the
Secretary shall neither mandate nor preclude a particular
268
curricular or pedagogical approach to educating limited
English proficient students.
‘‘(b) TEACHER ENGLISH FLUENCY.—Each local edu-
cational agency receiving grant funds under section 3104
shall certify to the State educational agency that all teach-
ers in any language instruction program for limited
English proficient students funded under this part are flu-
ent in English.
‘‘SEC. 3109. PERFORMANCE OBJECTIVES.
‘‘(a) IN GENERAL.—Each State educational agency
or specifically qualified agency receiving a grant under this
part shall develop annual numerical performance objec-
tives with respect to helping limited English proficient stu-
dents become proficient in English. The objectives shall
include incremental percentage increases for each fiscal
year a State receives a grant under this part, including
increases in the number of limited English proficient stu-
dents demonstrating an increase in performance on annual
assessments in reading, writing, speaking, and listening
comprehension, from the preceding fiscal year.
‘‘(b) ACCOUNTABILITY.—Each State educational
agency or specially qualified agency receiving a grant
under this part shall be held accountable for meeting the
annual numerical performance objectives under this part
and the adequate yearly progress levels for limited English
269
proficient students under section 1111(b)(2)(B)(iv) and
(vii). Any State educational agency or specially qualified
agency that fails to meet the annual performance objec-
tives shall be subject to sanctions under section 7001.
‘‘SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $1,000,000,000 for fiscal year 2002, and such
sums as may be necessary for each of the 4 succeeding
fiscal years.
‘‘SEC. 3111. REGULATIONS AND NOTIFICATION.
‘‘(a) REGULATION RULE.—In developing regulations
under this part, the Secretary shall consult with State
educational agencies, local educational agencies, organiza-
tions representing limited English proficient individuals,
and organizations representing teachers and other per-
sonnel involved in the education of limited English pro-
ficient students.
‘‘(b) PARENTAL NOTIFICATION.—
‘‘(1) IN
GENERAL.—Each local educational
agency shall notify parents of a student partici-
pating in a language instruction educational pro-
gram under this part of—
‘‘(A) the student’s level of English pro-
ficiency, how such level was assessed, the status
of the student’s academic achievement, and the
270
implications 
of 
the 
student’s 
educational
strengths and needs for age- and grade-appro-
priate academic attainment, promotion, and
graduation;
‘‘(B) what programs are available to meet
the student’s educational strengths and needs,
and how such programs differ in content and
instructional goals from other language instruc-
tion educational programs and, in the case of a
student with a disability, how such program
meets the objectives of the individualized edu-
cation program of such a student; and
‘‘(C) the instructional goals of the lan-
guage instruction educational program, and
how the program will specifically help the lim-
ited English proficient student learn English
and meet age-appropriate standards for grade
promotion and graduation, including—
‘‘(i) the characteristics, benefits, and
past academic results of the language in-
struction educational program and of in-
structional alternatives; and
‘‘(ii) the reasons the student was iden-
tified as being in need of a language in-
struction educational program.
271
‘‘(2) OPTION TO DECLINE.—
‘‘(A) IN GENERAL.—Each parent described
in paragraph (1) shall also be informed that the
parent has the option of declining the enroll-
ment of their children or youth in a language
instruction educational program, and shall be
given an opportunity to decline such enrollment
if the parent so chooses.
‘‘(B) OBLIGATIONS.—A local educational
agency shall not be relieved of any of the agen-
cy’s obligations under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.)
if a parent chooses not to enroll their child in
a language instruction educational program.
‘‘(3) RECEIPT OF INFORMATION.—A parent de-
scribed in paragraph (1) shall receive, in a manner
and form understandable to the parent including, if
necessary and to the extent feasible, in the native
language of the parent, the information required by
this subsection. At a minimum, the parent shall
receive—
‘‘(A) timely information about projects
funded under this part; and
‘‘(B) if the parent of a participating child
so desires, notice of opportunities for regular
272
meetings for the purpose of formulating and re-
sponding to recommendations from parents of
children assisted under this part.
‘‘(4) SPECIAL RULE.—A student shall not be
admitted to, or excluded from, any Federally as-
sisted language instruction educational program
solely on the basis of a surname or language-minor-
ity status.
‘‘(5) LIMITATIONS
ON
CONDITIONS.—Nothing
in this part shall be construed to authorize an officer
or employee of the Federal Government to mandate,
direct, or control a State’s, local educational agen-
cy’s, elementary school’s, or secondary school’s spe-
cific challenging English language development
standards or assessments, curricula, or program of
instruction, as a condition of eligibility to receive
grant funds under this part.’’.
SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS.—
Title III (20 U.S.C. 6801 et seq.) is further amended—
(1) by repealing part B (20 U.S.C. 6891 et
seq.), part C (20 U.S.C. 6921 et seq.), part D (20
U.S.C. 6951 et seq.), and part E (20 U.S.C. 6971
et seq.);
273
(2) by transferring part C of title VII (20
U.S.C. 7541 et seq.) to title III and inserting such
part after part A (as inserted by section 301(3));
(3) by redesignating the heading for part C of
title VII (as transferred by paragraph (2)) as the
heading for part B, and redesignating accordingly
the references to such part C as the references to
such part B; and
(4) by redesignating section 7301 through 7309
(20 U.S.C. 7541, 7549) (as transferred by para-
graph (2)) as sections 3201 through 3209, respec-
tively, and redesignating accordingly the references
to such sections.
(b) AMENDMENTS.—Part B of title III (as so trans-
ferred and redesignated) is amended—
(1) in section 3205(a)(2) (as redesignated by
subsection (a)(4)), by striking ‘‘the Goals 2000:
Educate America Act,’’; and
(2) in section 3209 (as redesignated by sub-
section (a)(4)), by striking ‘‘$175,000,000’’ and all
that follows through ‘‘necessary for’’ and inserting
‘‘such sums as may be necessary for fiscal year 2002
and’’.
274
SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
EDUCATION.
(a) ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.—
(1) INDIAN EDUCATION.—Part A of title IX (20
U.S.C. 7801 et seq.) is amended to read as follows:
‘‘PART A—INDIAN EDUCATION
‘‘SEC. 9101. FINDINGS.
‘‘Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive content standards and
student performance standards and build on In-
dian culture and the Indian community;
‘‘(B) assist local educational agencies, In-
dian tribes, and other entities and individuals in
providing Indian students the opportunity to
achieve such standards; and
‘‘(C) meet the unique educational and cul-
turally related academic needs of American In-
dian and Alaska Native students;
‘‘(2) since the date of the enactment of the ini-
tial Indian Education Act in 1972, the level of in-
275
volvement of Indian parents in the planning, devel-
opment, and implementation of educational pro-
grams that affect such parents and their children
has increased significantly, and schools should con-
tinue to foster such involvement;
‘‘(3) although the number of Indian teachers,
administrators, and university professors has in-
creased since 1972, teacher training programs are
not recruiting, training, or retraining a sufficient
number of Indian individuals as educators to meet
the needs of a growing Indian student population in
elementary, secondary, vocational, adult, and higher
education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; 9 percent of Indian students who
were eighth graders in 1988 had dropped out of
school by 1990;
‘‘(5) during the period from 1980 to 1990, the
percentage of Indian individuals living at or below
the poverty level increased from 24 percent to 31
percent, and the readiness of Indian children to
learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian
children and their families; and
276
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of the research is of poor quality or is fo-
cused on limited local or regional issues.
‘‘SEC. 9102. PURPOSE.
‘‘(a) PURPOSE.—It is the purpose of this part to sup-
port the efforts of local educational agencies, Indian tribes
and organizations, postsecondary institutions, and other
entities to meet the unique educational and culturally re-
lated academic needs of American Indians and Alaska Na-
tives, so that such students can achieve to the same chal-
lenging State performance standards expected of all other
students.
‘‘(b) PROGRAMS.—This part carries out the purpose
described in subsection (a) by authorizing programs of di-
rect assistance for—
‘‘(1) meeting the unique educational and cul-
turally related academic needs of American Indians
and Alaska Natives;
‘‘(2) the education of Indian children and
adults;
‘‘(3) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
277
‘‘(4) research, evaluation, data collection, and
technical assistance.
‘‘Subpart 1—Formula Grants to Local Educational
Agencies
‘‘SEC. 9111. PURPOSE.
‘‘It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students
in order to ensure that such programs—
‘‘(1) are based on challenging State content
standards and State student performance standards
that are used for all students; and
‘‘(2) are designed to assist Indian students in
meeting those standards and assist the Nation in
reaching the National Education Goals.
‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
‘‘(a) IN GENERAL.—
‘‘(1) ENROLLMENT
REQUIREMENTS.—A local
educational agency shall be eligible for a grant under
this subpart for any fiscal year if the number of In-
dian children eligible under section 9117 and who
were enrolled in the schools of the agency, and to
whom the agency provided free public education,
during the preceding fiscal year—
‘‘(A) was at least 10; or
278
‘‘(B) constituted not less than 25 percent
of the total number of individuals enrolled in
the schools of such agency.
‘‘(2) EXCLUSION.—The requirement of para-
graph (1) shall not apply in Alaska, California, or
Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
‘‘(b) INDIAN TRIBES.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy that is eligible for a grant under this subpart
does not establish a parent committee under section
9114(c)(4) for such grant, an Indian tribe that rep-
resents not less than one-half of the eligible Indian
children who are served by such local educational
agency may apply for such grant.
‘‘(2) SPECIAL RULE.—The Secretary shall treat
each Indian tribe applying for a grant pursuant to
paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this subpart, ex-
cept that any such tribe is not subject to section
9114(c)(4), section 9118(c), or section 9119.
‘‘SEC. 9113. AMOUNT OF GRANTS.
‘‘(a) AMOUNT OF GRANT AWARDS.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), the Secretary shall
279
allocate to each local educational agency which has
an approved application under this subpart an
amount equal to the product of—
‘‘(A) the number of Indian children who
are eligible under section 9117 and served by
such agency; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure
of the State in which such agency is lo-
cated; or
‘‘(ii) 80 percent of the average per-
pupil expenditure in the United States.
‘‘(2) REDUCTION.—The Secretary shall reduce
the amount of each allocation determined under
paragraph (1) in accordance with subsection (e).
‘‘(b) MINIMUM GRANT.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(e), a local educational agency or an Indian tribe (as
authorized under section 9112(b)) that is eligible for
a grant under section 9112, and a school that is op-
erated or supported by the Bureau of Indian Affairs
that is eligible for a grant under subsection (d), that
submits an application that is approved by the Sec-
retary, shall, subject to appropriations, receive a
280
grant under this subpart in an amount that is not
less than $3,000.
‘‘(2) CONSORTIA.—Local educational agencies
may form a consortium for the purpose of obtaining
grants under this subpart.
‘‘(3) INCREASE.—The Secretary may increase
the minimum grant under paragraph (1) to not
more than $4,000 for all grantees if the Secretary
determines such increase is necessary to ensure the
quality of the programs provided.
‘‘(c) DEFINITION.—For the purpose of this section,
the term ‘average per-pupil expenditure of a State’ means
an amount equal to—
‘‘(1) the sum of the aggregate current expendi-
tures of all the local educational agencies in the
State, plus any direct current expenditures by the
State for the operation of such agencies, without re-
gard to the sources of funds from which such local
or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the
computation is made; divided by
‘‘(2) the aggregate number of children who
were included in average daily attendance for whom
such agencies provided free public education during
such preceding fiscal year.
281
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) Subject to subsection
(e), in addition to the grants awarded under subsection
(a), the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
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)(A) that
wishes 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 agen-
cy for the purpose of this subpart, except that such school
282
shall not be subject to section 9114(c)(4), section 9118(c),
or section 9119.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 9162(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘SEC. 9114. APPLICATIONS.
‘‘(a) APPLICATION
REQUIRED.—Each local edu-
cational agency that desires to receive a grant under this
subpart shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion as the Secretary may reasonably require.
‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each
application submitted under subsection (a) shall include
a comprehensive program for meeting the needs of Indian
children served by the local educational agency, including
the language and cultural needs of the children, that—
‘‘(1) provides programs and activities to meet
the culturally related academic needs of American
Indian and Alaska Native students;
‘‘(2)(A) is consistent with State and local plans
under other provisions of this Act; and
283
‘‘(B) includes academic content and student
performance goals for such children, and bench-
marks for attaining such goals, that are based on
the challenging State standards under title I;
‘‘(3) explains how Federal, State, and local pro-
grams, especially under title I, will meet the needs
of such students;
‘‘(4) demonstrates how funds made available
under this subpart will be used for activities de-
scribed in section 9115;
‘‘(5) describes the professional development op-
portunities that will be provided, as needed, to en-
sure that—
‘‘(A) teachers and other school profes-
sionals who are new to the Indian community
are prepared to work with Indian children; and
‘‘(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
‘‘(6) describes how the local educational
agency—
‘‘(A) will periodically assess the progress of
all Indian children enrolled in the schools of the
local educational agency, including Indian chil-
284
dren who do not participate in programs as-
sisted under this subpart, in meeting the goals
described in paragraph (2);
‘‘(B) will provide the results of each as-
sessment referred to in subparagraph (A) to—
‘‘(i) the committee of parents de-
scribed in subsection (c)(4); and
‘‘(ii) the community served by the
local educational agency; and
‘‘(C) is responding to findings of any pre-
vious assessments that are similar to the as-
sessments described in subparagraph (A).
‘‘(c) ASSURANCES.—Each application submitted
under subsection (a) shall include assurances that—
‘‘(1) the local educational agency will use funds
received under this subpart only to supplement the
level of funds that, in the absence of the Federal
funds made available under this subpart, such agen-
cy would make available for the education of Indian
children, and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
285
‘‘(A) carry out the functions of the Sec-
retary under this subpart; and
‘‘(B) determine the extent to which funds
provided to the local educational agency under
this subpart are effective in improving the edu-
cational achievement of Indian students served
by such agency;
‘‘(3) the program for which assistance is
sought—
‘‘(A) is based on a comprehensive local as-
sessment and prioritization of the unique edu-
cational and culturally related academic needs
of the American Indian and Alaska Native stu-
dents to whom the local educational agency is
providing an education;
‘‘(B) will use the best available talents and
resources, including individuals from the Indian
community; and
‘‘(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian stu-
dents from secondary schools, including public
hearings held by such agency to provide the in-
dividuals described in this subparagraph a full
opportunity to understand the program and to
286
offer recommendations regarding the program;
and
‘‘(4) the local educational agency developed the
program with the participation and written approval
of a committee—
‘‘(A) that is composed of, and selected
by—
‘‘(i) parents of Indian children in the
local educational agency’s schools and
teachers; and
‘‘(ii) if appropriate, Indian students
attending secondary schools;
‘‘(B) a majority of whose members are
parents of Indian children;
‘‘(C) that sets forth such policies and pro-
cedures, including policies and procedures relat-
ing to the hiring of personnel, as will ensure
that the program for which assistance is sought
will be operated and evaluated in consultation
with, and with the involvement of, parents of
the children, and representatives of the area, to
be served;
‘‘(D) with respect to an application de-
scribing a schoolwide program in accordance
with section 9115(c), has—
287
‘‘(i) reviewed in a timely fashion the
program; and
‘‘(ii) determined that the program will
not diminish the availability of culturally
related activities for American Indian and
Alaskan Native students; and
‘‘(E) has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
‘‘(a) GENERAL REQUIREMENTS.—Each local edu-
cational agency that receives a grant under this subpart
shall use the grant funds, in a manner consistent with the
purpose specified in section 9111, for services and activi-
ties that—
‘‘(1) are designed to carry out the comprehen-
sive program of the local educational agency for In-
dian students, and described in the application of
the local educational agency submitted to the Sec-
retary under section 9114(b);
‘‘(2) are designed with special regard for the
language and cultural needs of the Indian students;
and
‘‘(3) supplement and enrich the regular school
program of such agency.
288
‘‘(b) PARTICULAR ACTIVITIES.—The services and ac-
tivities referred to in subsection (a) may include—
‘‘(1) culturally related activities that support
the program described in the application submitted
by the local educational agency;
‘‘(2) early childhood and family programs that
emphasize school readiness;
‘‘(3) enrichment programs that focus on prob-
lem solving and cognitive skills development and di-
rectly support the attainment of challenging State
content standards and State student performance
standards;
‘‘(4) integrated educational services in combina-
tion with other programs that meet the needs of In-
dian children and their families;
‘‘(5) career preparation activities to enable In-
dian students to participate in programs such as the
programs supported by the Carl D. Perkins Voca-
tional and Technical Education Act of 1998, includ-
ing programs for tech-prep, mentoring, and appren-
ticeship;
‘‘(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
289
‘‘(7) the acquisition of equipment, but only if
the acquisition of the equipment is essential to meet
the purposes described in section 9111; and
‘‘(8) family literacy services.
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding
any other provision of law, a local educational agency may
use funds made available to such agency under this sub-
part to support a schoolwide program under section 1114
if—
‘‘(1) the committee composed of parents estab-
lished pursuant to section 9114(c)(4) approves the
use of the funds for the schoolwide program; and
‘‘(2) the schoolwide program is consistent with
the purposes described in section 9111.
‘‘(d) LIMITATION ON ADMINISTRATIVE COSTS.—Not
more than 5 percent of the funds provided to a grantee
under this subpart for any fiscal year may be used for
administrative purposes.
‘‘SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
‘‘(a) PLAN.—An entity receiving funds under this
subpart may submit a plan to the Secretary for the inte-
gration of education and related services provided to In-
dian students.
‘‘(b) COORDINATION OF PROGRAMS.—Upon the re-
ceipt of an acceptable plan, the Secretary, in cooperation
290
with each Federal agency providing grants for the provi-
sion of education and related services to the applicant,
shall authorize the applicant to coordinate, in accordance
with such plan, its federally funded education and related
services programs, or portions thereof, serving Indian stu-
dents in a manner that integrates the program services
involved into a single, coordinated, comprehensive pro-
gram and reduces administrative costs by consolidating
administrative functions.
‘‘(c) PROGRAMS AFFECTED.—The funds that may be
consolidated in a demonstration project under any such
plan referred to in subsection (b) shall include funds for
any Federal program exclusively serving Indian children
or the funds reserved under any program to exclusively
serve Indian children under which the applicant is eligible
for receipt of funds under a statutory or administrative
formula for the purposes of providing education and re-
lated services which would be used to serve Indian stu-
dents.
‘‘(d) PLAN REQUIREMENTS.—For a plan to be ac-
ceptable pursuant to subsection (b), it shall—
‘‘(1) identify the programs or funding sources
to be consolidated;
291
‘‘(2) be consistent with the purposes of this sec-
tion authorizing the services to be integrated in a
demonstration project;
‘‘(3) describe a comprehensive strategy which
identifies the full range of potential educational op-
portunities and related services to be provided to as-
sist Indian students to achieve the goals set forth in
this subpart;
‘‘(4) describe the way in which services are to
be integrated and delivered and the results expected
from the plan;
‘‘(5) identify the projected expenditures under
the plan in a single budget;
‘‘(6) identify the local, State, or tribal agency
or agencies to be involved in the delivery of the serv-
ices integrated under the plan;
‘‘(7) identify any statutory provisions, regula-
tions, policies, or procedures that the applicant be-
lieves need to be waived in order to implement its
plan;
‘‘(8) set forth measures of student achievement
and performance goals designed to be met within a
specified period of time; and
292
‘‘(9) be approved by a parent committee formed
in accordance with section 9114(c)(4), if such a
committee exists.
‘‘(e) PLAN REVIEW.—Upon receipt of the plan from
an eligible entity, the Secretary shall consult with the Sec-
retary of each Federal department providing funds to be
used to implement the plan, and with the entity submit-
ting the plan. The parties so consulting shall identify any
waivers of statutory requirements or of Federal depart-
mental regulations, policies, or procedures necessary to en-
able the applicant to implement its plan. Notwithstanding
any other provision of law, the Secretary of the affected
department or departments shall have the authority to
waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the appli-
cant or department, unless the Secretary of the affected
department determines that such a waiver is inconsistent
with the intent of this subpart or those provisions of the
statute from which the program involved derives its au-
thority which are specifically applicable to Indian stu-
dents.
‘‘(f) PLAN APPROVAL.—Within 90 days after the re-
ceipt of an applicant’s plan by the Secretary, the Secretary
shall inform the applicant, in writing, of the Secretary’s
approval or disapproval of the plan. If the plan is dis-
293
approved, the applicant shall be informed, in writing, of
the reasons for the disapproval and shall be given an op-
portunity to amend its plan or to petition the Secretary
to reconsider such disapproval.
‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU-
CATION.—Not later than 180 days after the date of the
enactment of the Public Education Reinvestment, Re-
invention, and Responsibility Act (Three R’s), the Sec-
retary of Education, the Secretary of the Interior, and the
head of any other Federal department or agency identified
by the Secretary of Education, shall enter into an inter-
departmental memorandum of agreement providing for
the implementation of the demonstration projects author-
ized under this section. The lead agency head for a dem-
onstration program under this section shall be—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re-
sponsibilities of the lead agency shall include—
‘‘(1) the use of a single report format related
to the plan for the individual project which shall be
294
used by an eligible entity to report on the activities
undertaken under the project;
‘‘(2) the use of a single report format related
to the projected expenditures for the individual
project which shall be used by an eligible entity to
report on all project expenditures;
‘‘(3) the development of a single system of Fed-
eral oversight for the project, which shall be imple-
mented by the lead agency; and
‘‘(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical assist-
ance and the technical assistance provider.
‘‘(i) REPORT REQUIREMENTS.—A single report for-
mat shall be developed by the Secretary, consistent with
the requirements of this section. Such report format, to-
gether with records maintained on the consolidated pro-
gram at the local level, shall contain such information as
will allow a determination that the eligible entity has com-
plied with the requirements incorporated in its approved
plan, including the demonstration of student achievement,
and will provide assurances to each Secretary that the eli-
gible entity has complied with all directly applicable statu-
295
tory requirements and with those directly applicable regu-
latory requirements which have not been waived.
‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall
the amount of Federal funds available to an eligible entity
involved in any demonstration project be reduced as a re-
sult of the enactment of this section.
‘‘(k) INTERAGENCY FUND TRANSFERS AUTHOR-
IZED.—The Secretary is authorized to take such action
as may be necessary to provide for an interagency transfer
of funds otherwise available to an eligible entity in order
to further the purposes of this section.
‘‘(l) ADMINISTRATION OF FUNDS.—
‘‘(1) IN GENERAL.—Program funds shall be ad-
ministered in such a manner as to allow for a deter-
mination that funds from specific a program or pro-
grams are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
which shall be allocated to such program.
‘‘(2) SEPARATE
RECORDS
NOT
REQUIRED.—
Nothing in this section shall be construed as requir-
ing the eligible entity to maintain separate records
tracing any services or activities conducted under its
approved plan to the individual programs under
which funds were authorized, nor shall the eligible
296
entity be required to allocate expenditures among
such individual programs.
‘‘(m) OVERAGE.—All administrative costs may be
commingled and participating entities shall be entitled to
the full amount of such costs (under each program or de-
partment’s regulations), and no overage shall be counted
for Federal audit purposes, provided that the overage is
used for the purposes provided for under this section.
‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this
part shall be construed so as to interfere with the ability
of the Secretary or the lead agency to fulfill the respon-
sibilities for the safeguarding of Federal funds pursuant
to the Single Audit Act of 1984.
‘‘(o) REPORT ON STATUTORY OBSTACLES TO PRO-
GRAM INTEGRATION.—
‘‘(1) PRELIMINARY REPORT.—Not later than 2
years after the date of the enactment of the Public
Education Reinvestment, Reinvention, and Responsi-
bility Act (Three R’s), the Secretary of Education
shall submit a preliminary report to the Committee
on Health, Education, Labor, and Pensions of the
Senate and the Committee on Education and the
Workforce of the House of Representatives on the
status of the implementation of the demonstration
program authorized under this section.
297
‘‘(2) FINAL REPORT.—Not later than 5 years
after the date of the enactment of the Public Edu-
cation Reinvestment, Reinvention, and Responsibility
Act (Three R’s), the Secretary of Education shall
submit a report to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the
House of Representatives on the results of the im-
plementation of the demonstration program author-
ized under this section. Such report shall identify
statutory barriers to the ability of participants to in-
tegrate more effectively their education and related
services to Indian students in a manner consistent
with the purposes of this section.
‘‘(p) DEFINITIONS.—For the purposes of this section,
the term ‘Secretary’ means—
‘‘(1) the Secretary of the Interior, in the case
of applicant meeting the definition of contract or
grant school under title XI of the Education Amend-
ments of 1978; or
‘‘(2) the Secretary of Education, in the case of
any other applicant.
‘‘SEC. 9117. STUDENT ELIGIBILITY FORMS.
‘‘(a) IN GENERAL.—The Secretary shall require that,
as part of an application for a grant under this subpart,
298
each applicant shall maintain a file, with respect to each
Indian child for whom the local educational agency pro-
vides a free public education, that contains a form that
sets forth information establishing the status of the child
as an Indian child eligible for assistance under this sub-
part and that otherwise meets the requirements of subsec-
tion (b).
‘‘(b) FORMS.—
‘‘(1) IN GENERAL.—The form described in sub-
section (a) shall include—
‘‘(A) either—
‘‘(i)(I) the name of the tribe or band
of 
Indians 
(as 
described 
in 
section
9161(3)) with respect to which the child
claims membership;
‘‘(II) the enrollment number estab-
lishing the membership of the child (if
readily available); and
‘‘(III) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or
band of Indians; or
‘‘(ii) if the child is not a member of
a tribe or band of Indians, the name, the
enrollment number (if readily available),
299
and the organization (and address thereof)
responsible for maintaining updated and
accurate membership rolls of the tribe of
any parent or grandparent of the child
from whom the child claims eligibility;
‘‘(B) a statement of whether the tribe or
band of Indians with respect to which the child,
parent, or grandparent of the child claims mem-
bership is federally recognized;
‘‘(C) the name and address of the parent
or legal guardian of the child;
‘‘(D) a signature of the parent or legal
guardian of the child that verifies the accuracy
of the information supplied; and
‘‘(E) any other information that the Sec-
retary considers necessary to provide an accu-
rate program profile.
‘‘(2) MINIMUM INFORMATION.—In order for a
child to be eligible to be counted for the purpose of
computing the amount of a grant award made under
section 9113, an eligibility form prepared pursuant
to this section for a child shall include—
‘‘(A) the name of the child;
300
‘‘(B) the name of the tribe or band of Indi-
ans (as described in section 9161(3)) with re-
spect to which the child claims eligibility; and
‘‘(C) the dated signature of the parent or
guardian of the child.
‘‘(3) FAILURE.—The failure of an applicant to
furnish any information described in this subsection
other than the information described in paragraph
(2) with respect to any child shall have no bearing
on the determination of whether the child is an eligi-
ble Indian child for the purposes of determining the
amount of a grant award made under section 9113.
‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to affect a definition contained
in section 9161.
‘‘(d) FORMS
AND STANDARDS
OF PROOF.—The
forms and the standards of proof (including the standard
of good faith compliance) that were in use during the
1985–1986 academic year to establish the eligibility of a
child for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the forms and
standards of proof used—
‘‘(1) to establish such eligibility; and
‘‘(2) to meet the requirements of subsection (a).
301
‘‘(e) DOCUMENTATION.—For purposes of deter-
mining whether a child is eligible to be counted for the
purpose of computing the amount of a grant under section
9113, the membership of the child, or any parent or
grandparent of the child, in a tribe or band of Indians
may be established by proof other than an enrollment
number, notwithstanding the availability of an enrollment
number for a member of such tribe or band. Nothing in
subsection (b) shall be construed to require the furnishing
of an enrollment number.
‘‘(f) MONITORING AND EVALUATION REVIEW.—
‘‘(1) IN GENERAL.—(A) For each fiscal year, in
order to provide such information as is necessary to
carry out the responsibility of the Secretary to pro-
vide technical assistance under this subpart, the Sec-
retary shall conduct a monitoring and evaluation re-
view of a sampling of the recipients of grants under
this subpart. The sampling conducted under this
subparagraph shall take into account the size of the
local educational agency and the geographic location
of such agency.
‘‘(B) A local educational agency may not be
held liable to the United States or be subject to any
penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of sub-
302
mission, of any forms used to establish, before April
28, 1988, the eligibility of a child for entitlement
under the Indian Elementary and Secondary School
Assistance Act.
‘‘(2) FALSE
INFORMATION.—Any local edu-
cational agency that provides false information in an
application for a grant under this subpart shall—
‘‘(A) be ineligible to apply for any other
grant under this part; and
‘‘(B) be liable to the United States for any
funds that have not been expended.
‘‘(3) EXCLUDED
CHILDREN.—A student who
provides false information for the form required
under subsection (a) shall not be counted for the
purpose of computing the amount of a grant under
section 9113.
‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—
Notwithstanding any other provision of this section, in
awarding funds under this subpart to a tribal school that
receives a grant or contract from the Bureau of Indian
Affairs, the Secretary shall use only one of the following,
as selected by the school:
‘‘(1) A count of the number of students in those
schools certified by the Bureau.
303
‘‘(2) A count of the number of students for
whom the school has eligibility forms that comply
with this section.
‘‘(h) TIMING OF CHILD COUNTS.—For purposes of
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—
‘‘(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.
‘‘SEC. 9118. PAYMENTS.
‘‘(a) IN GENERAL.—Subject to subsections (b) and
(c), the Secretary shall pay to each local educational agen-
cy that submits an application that is approved by the Sec-
retary under this subpart the amount determined under
section 9113. The Secretary shall notify the local edu-
cational agency of the amount of the payment not later
304
than June 1 of the year for which the Secretary makes
the payment.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE
STATE.—The Secretary may not make a grant under this
subpart to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local edu-
cational agency is located takes into consideration pay-
ments made under this subpart in determining the eligi-
bility of the local educational agency for State aid, or the
amount of the State aid, with respect to the free public
education of children during such fiscal year or the pre-
ceding fiscal year.
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO
MAINTAIN FISCAL EFFORT.—
‘‘(1) IN GENERAL.—The Secretary may not pay
a local educational agency the full amount of a grant
award determined under section 9113 for any fiscal
year unless the State educational agency notifies the
Secretary, and the Secretary determines that, with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local edu-
cational agency and the State, computed on either a
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
305
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
‘‘(2) FAILURE TO MAINTAIN EFFORT.—If, for
any fiscal year, the Secretary determines that a local
educational agency failed to maintain the fiscal ef-
fort of such agency at the level specified in para-
graph (1), the Secretary shall—
‘‘(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of such
agency’s failure to maintain its fiscal effort at
such level; and
‘‘(B) not use the reduced amount of the
agency’s expenditures for the preceding year to
determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
‘‘(3) WAIVER.—(A) The Secretary may waive
the requirement of paragraph (1), for not more than
1 year at a time, if the Secretary determines that
the failure to comply with such requirement is due
to exceptional or uncontrollable circumstances, such
as a natural disaster or a precipitous and unforeseen
decline in the agency’s financial resources.
306
‘‘(B) The Secretary shall not use the reduced
amount of such agency’s expenditures for the fiscal
year preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use the
amount of expenditures that would have been re-
quired to comply with paragraph (1) in the absence
of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in a manner that the Secretary determines will best
carry out the purpose of this subpart, any amounts that—
‘‘(1) based on estimates made by local edu-
cational agencies or other information, the Secretary
determines will not be needed by such agencies to
carry out approved programs under this subpart; or
‘‘(2) otherwise become available for reallocation
under this subpart.
‘‘SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.
‘‘Before submitting an application to the Secretary
under section 9114, a local educational agency shall sub-
mit the application to the State educational agency, which
may comment on such application. If the State educational
agency comments on the application, it shall comment on
all applications submitted by local educational agencies in
the State and shall provide those comments to the respec-
307
tive local educational agencies, with an opportunity to re-
spond.
‘‘Subpart 2—Special Programs and Projects To Im-
prove Educational Opportunities for Indian
Children
‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI-
TIES FOR INDIAN CHILDREN.
‘‘(a) PURPOSE.—
‘‘(1) IN GENERAL.—It is the purpose of this
section to support projects to develop, test, and dem-
onstrate the effectiveness of services and programs
to improve educational opportunities and achieve-
ment of Indian children.
‘‘(2) COORDINATION.—The Secretary shall take
such actions as are necessary to achieve the coordi-
nation of activities assisted under this subpart
with—
‘‘(A) other programs funded under this
Act; and
‘‘(B) other Federal programs operated for
the benefit of American Indian and Alaska Na-
tive children.
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means a State edu-
cational agency, local educational agency, Indian tribe, In-
308
dian organization, federally supported elementary and sec-
ondary school for Indian students, Indian institution, in-
cluding an Indian institution of higher education, or a con-
sortium of such institutions.
‘‘(c) GRANTS AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary shall award
grants to eligible entities to enable such entities to
carry out activities that meet the purpose specified
in subsection (a)(1), including—
‘‘(A) innovative programs related to the
educational needs of educationally disadvan-
taged children;
‘‘(B) educational services that are not
available to such children in sufficient quantity
or quality, including remedial instruction, to
raise the achievement of Indian children in one
or more of the core academic subjects of
English, mathematics, science, foreign lan-
guages, art, history, and geography;
‘‘(C) bilingual and bicultural programs and
projects;
‘‘(D) special health and nutrition services,
and other related activities, that address the
unique health, social, and psychological prob-
lems of Indian children;
309
‘‘(E) special compensatory and other pro-
grams and projects designed to assist and en-
courage Indian children to enter, remain in, or
reenter school, and to increase the rate of sec-
ondary school graduation;
‘‘(F) comprehensive guidance, counseling,
and testing services;
‘‘(G) early childhood and kindergarten pro-
grams, including family-based preschool pro-
grams that emphasize school readiness and pa-
rental skills, and the provision of services to In-
dian children with disabilities;
‘‘(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level to
aid such students in the transition from sec-
ondary school to postsecondary education;
‘‘(I) partnership projects between schools
and local businesses for career preparation pro-
grams designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
310
‘‘(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher edu-
cation;
‘‘(K) family literacy services; or
‘‘(L) other services that meet the purpose
described in subsection (a)(1).
‘‘(2) PROFESSIONAL
DEVELOPMENT.—Profes-
sional development of teaching professionals and
paraprofessional may be a part of any program as-
sisted under this section.
‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
‘‘(1) GRANT
REQUIREMENTS.—(A) The Sec-
retary may make multiyear grants under this section
for the planning, development, pilot operation, or
demonstration of any activity described in subsection
(c) for a period not to exceed 5 years.
‘‘(B) In making multiyear grants under this
section, the Secretary shall give priority to applica-
tions that present a plan for combining two or more
of the activities described in subsection (c) over a
period of more than 1 year.
‘‘(C) The Secretary shall make a grant payment
to an eligible entity after the initial year of the
multiyear grant only if the Secretary determines
311
that the eligible entity has made substantial progress
in carrying out the activities assisted under the
grant in accordance with the application submitted
under paragraph (2) and any subsequent modifica-
tions to such application.
‘‘(D)(i) In addition to awarding the multiyear
grants described in subparagraph (A), the Secretary
may award grants to eligible entities for the dissemi-
nation of exemplary materials or programs assisted
under this section.
‘‘(ii) The Secretary may award a dissemination
grant under this subparagraph if, prior to awarding
the grant, the Secretary determines that the mate-
rial or program to be disseminated has been ade-
quately reviewed and has demonstrated—
‘‘(I) educational merit; and
‘‘(II) the ability to be replicated.
‘‘(2) APPLICATION.—(A) Any eligible entity
that desires to receive a grant under this section
shall submit an application to the Secretary at such
time and in such manner as the Secretary may re-
quire.
‘‘(B) Each application submitted to the Sec-
retary under subparagraph (A), other than an appli-
312
cation for a dissemination grant under paragraph
(1)(D), shall contain—
‘‘(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which as-
sistance is sought;
‘‘(ii) assurances that the applicant will par-
ticipate, at the request of the Secretary, in any
national evaluation of activities assisted under
this section;
‘‘(iii) information demonstrating that the
proposed program is either a research-based
program (which may be a research-based pro-
gram that has been modified to be culturally
appropriate for the students who will be
served);
‘‘(iv) a description of how the applicant
will incorporate the proposed services into the
ongoing school program once the grant period is
over; and
‘‘(v) such other assurances and informa-
tion as the Secretary may reasonably require.
‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the funds provided to a grantee under this subpart
313
for any fiscal year may be used for administrative pur-
poses.
‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS
AND EDUCATION PROFESSIONALS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to increase the number of qualified Indian
individuals in teaching or other education profes-
sions that serve Indian people;
‘‘(2) to provide training to qualified Indian indi-
viduals to enable such individuals to become teach-
ers, administrators, teacher aides, social workers,
and ancillary educational personnel; and
‘‘(3) to improve the skills of qualified Indian in-
dividuals who serve in the capacities described in
paragraph (2).
‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this
section, the term ‘eligible entity’ means—
‘‘(1) an institution of higher education, includ-
ing an Indian institution of higher education;
‘‘(2) a State or local educational agency, in con-
sortium with an institution of higher education; and
‘‘(3) an Indian tribe or organization, in consor-
tium with an institution of higher education.
‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au-
thorized to award grants to eligible entities having applica-
314
tions approved under this section to enable such entities
to carry out the activities described in subsection (d).
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Grant funds under this sec-
tion shall be used to provide support and training
for Indian individuals in a manner consistent with
the purposes of this section. Such activities may in-
clude but are not limited to, continuing programs,
symposia, workshops, conferences, and direct finan-
cial support.
‘‘(2) SPECIAL RULES.—(A) For education per-
sonnel, the training received pursuant to a grant
under this section may be inservice or preservice
training.
‘‘(B) For individuals who are being trained to
enter any field other than teaching, the training re-
ceived pursuant to a grant under this section shall
be in a program that results in a graduate degree.
‘‘(e) APPLICATION.—Each eligible entity desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner and accompanied
by such information, as the Secretary may reasonably re-
quire.
‘‘(f) SPECIAL RULE.—In making grants under this
section, the Secretary—
315
‘‘(1) shall consider the prior performance of the
eligible entity; and
‘‘(2) may not limit eligibility to receive a grant
under this section on the basis of—
‘‘(A) the number of previous grants the
Secretary has awarded such entity; or
‘‘(B) the length of any period during which
such entity received such grants.
‘‘(g) GRANT PERIOD.—Each grant under this section
shall be awarded for a period of not more than 5 years.
‘‘(h) SERVICE OBLIGATION.—
‘‘(1) IN
GENERAL.—The Secretary shall re-
quire, by regulation, that an individual who receives
training pursuant to a grant made under this
section—
‘‘(A) perform work—
‘‘(i) related to the training received
under this section; and
‘‘(ii) that benefits Indian people; or
‘‘(B) repay all or a prorated part of the as-
sistance received.
‘‘(2) REPORTING.—The Secretary shall estab-
lish, by regulation, a reporting procedure under
which a grant recipient under this section shall, not
later than 12 months after the date of completion of
316
the training, and periodically thereafter, provide in-
formation concerning the compliance of such recipi-
ent with the work requirement under paragraph (1).
‘‘Subpart 3—National Research Activities
‘‘SEC. 9141. NATIONAL ACTIVITIES.
‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may
use funds made available under section 9162(b) for each
fiscal year to—
‘‘(1) conduct research related to effective ap-
proaches for the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities that are con-
sistent with the purpose of this part.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher edu-
462
with section 1121(e) of the Education Amendments
of 1978.
‘‘(2) NOTICE
REQUIREMENTS
FOR
REVOCA-
TION.—The Secretary shall not revoke a determina-
tion that a school is eligible for assistance under this
part, or reassume control of a school that was a Bu-
reau school prior to approval of an application sub-
mitted under section 5206(b)(1)(A) until the
Secretary—
‘‘(A) provides notice to the tribally con-
trolled school and the tribal governing body
(within the meaning of section 1141(14) of the
Education Amendments of 1978) of the tribally
controlled school which states—
‘‘(i) the specific deficiencies that led
to the revocation or resumption determina-
tion; and
‘‘(ii) the actions that are needed to
remedy such deficiencies; and
‘‘(B) affords such authority an opportunity
to effect the remedial actions.
‘‘(3) TECHNICAL ASSISTANCE.—The Secretary
shall provide such technical assistance as is prac-
ticable to effect such remedial actions. Such notice
and technical assistance shall be in addition to a