H. R. 1—529
‘‘(ii) has minimal capacity to issue bonds if the
total assessed value of real property that may be taxed
for school purposes is at least $25,000,000 but not
more than $50,000,000.
‘‘(4) AWARD CRITERIA.—In awarding emergency grants and
modernization grants under this subsection, the Secretary shall
consider the following factors:
‘‘(A) The ability of the local educational agency to
respond to the emergency, or to pay for the modernization
project, as the case may be, as measured by—
‘‘(i) the agency’s level of bonded indebtedness;
‘‘(ii) the assessed value of real property per student
that may be taxed for school purposes compared to
the average of the assessed value of real property
per student that may be taxed for school purposes
in the State in which the agency is located;
‘‘(iii) the agency’s total tax rate for school purposes
(or, if applicable, for capital expenditures) compared
to the average total tax rate for school purposes (or
the average capital expenditure tax rate, if applicable)
in the State in which the agency is located; and
‘‘(iv) funds that are available to the agency, from
any other source, including subsection (a), that may
be used for capital expenditures.
‘‘(B) The percentage of property in the agency that
is nontaxable due to the presence of the Federal Govern-
ment.
‘‘(C) The number and percentages of children described
in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1)
served in the school facility with the emergency or served
in the school facility proposed for modernization, as the
case may be.
‘‘(D) In the case of an emergency grant, the severity
of the emergency, as measured by the threat that the
condition of the school facility poses to the health, safety,
and well-being of students.
‘‘(E) In the case of a modernization grant—
‘‘(i) the severity of the need for modernization,
as measured by such factors as—
‘‘(I) overcrowding, as evidenced by the use of
portable classrooms, or the potential for future
overcrowding because of increased enrollment; or
‘‘(II) the agency’s inability to utilize technology
or offer a curriculum in accordance with contem-
porary State standards due to the physical limita-
tions of the current school facility; and
‘‘(ii) the age of the school facility proposed for
modernization.
‘‘(5) OTHER AWARD PROVISIONS.—
‘‘(A) GENERAL PROVISIONS.—
‘‘(i) LIMITATIONS ON AMOUNT OF FUNDS.—
‘‘(I) IN GENERAL.—The amount of funds pro-
vided under an emergency grant or a moderniza-
tion grant awarded under this subsection to a local
educational agency that meets the requirements
of subclause (II) or (III) of paragraph (3)(A)(i) for
purposes of eligibility under subparagraph (A) or
H. R. 1—530
(B) of paragraph (3) or that meets the require-
ments of clause (i) or (ii) of paragraph (3)(C) for
purposes of eligibility under such paragraph (3)(C),
or to a school that is eligible under paragraph
(3)(D)—
‘‘(aa) shall not exceed 50 percent of the
total cost of the project to be assisted under
this subsection; and
‘‘(bb) shall not exceed $4,000,000 during
any 4-year period.
‘‘(II) IN-KIND
CONTRIBUTIONS.—A local edu-
cational agency may use in-kind contributions to
meet the matching requirement of subclause
(I)(aa).
‘‘(ii) PROHIBITIONS ON USE OF FUNDS.—A local edu-
cational agency may not use funds provided under
an emergency grant or modernization grant awarded
under this subsection for—
‘‘(I) a project for a school facility for which
the agency does not have full title or other interest;
‘‘(II) stadiums or other school facilities that
are primarily used for athletic contests, exhibi-
tions, or other events for which admission is
charged to the general public; or
‘‘(III) the acquisition of real property.
‘‘(iii) SUPPLEMENT, NOT SUPPLANT.—A local edu-
cational agency shall use funds provided under an
emergency grant or modernization grant awarded
under this subsection only to supplement the amount
of funds that would, in the absence of the Federal
funds provided under the grant, be made available
from non-Federal sources to carry out emergency
repairs of school facilities or to carry out the mod-
ernization of school facilities, as the case may be, and
not to supplant such funds.
‘‘(iv) MAINTENANCE COSTS.—Nothing in this sub-
section shall be construed to authorize the payment
of maintenance costs in connection with any school
facility modernized in whole or in part with Federal
funds provided under this subsection.
‘‘(v) ENVIRONMENTAL
SAFEGUARDS.—All projects
carried out with Federal funds provided under this
subsection shall comply with all relevant Federal,
State, and local environmental laws and regulations.
‘‘(vi) CARRY-OVER
OF
CERTAIN
APPLICATIONS.—A
local educational agency that applies for an emergency
grant or a modernization grant under this subsection
for a fiscal year and does not receive the grant for
the fiscal year shall have the application for the grant
considered for the following fiscal year, subject to the
priority requirements of paragraph (2) and the award
criteria requirements of paragraph (4).
‘‘(B) EMERGENCY
GRANTS; PROHIBITION
ON
USE
OF
FUNDS.—A local educational agency that is awarded an
emergency grant under this subsection may not use
amounts under the grant for the complete or partial
replacement of an existing school facility unless such
H. R. 1—531
replacement is less expensive or more cost-effective than
correcting the identified emergency.
‘‘(6) APPLICATION.—A local educational agency that desires
to receive an emergency grant or a modernization grant under
this subsection shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require. Each application
shall contain the following:
‘‘(A) A description of how the local educational agency
meets the award criteria under paragraph (4), including
the information described in clauses (i) through (iv) of
paragraph (4)(A) and subparagraphs (B) and (C) of para-
graph (4).
‘‘(B) In the case of an application for an emergency
grant—
‘‘(i) a description of the school facility deficiency
that poses a health or safety hazard to the occupants
of the facility and a description of how the deficiency
will be repaired; and
‘‘(ii) a signed statement from an appropriate local
official certifying that a deficiency in the school facility
threatens the health or safety of the occupants of the
facility or that prevents the use of all or a portion
of the building.
‘‘(C) In the case of an application for a modernization
grant—
‘‘(i) an explanation of the need for the school
facility modernization project;
‘‘(ii) the date on which original construction of
the facility to be modernized was completed;
‘‘(iii) a listing of the school facilities to be modern-
ized, including the number and percentage of children
determined under section 8003(a)(1) in average daily
attendance in each school facility; and
‘‘(iv) a description of the ownership of the property
on which the current school facility is located or on
which the planned school facility will be located.
‘‘(D) A description of the project for which a grant
under this subsection will be used, including a cost estimate
for the project.
‘‘(E) A description of the interest in, or authority over,
the school facility involved, such as an ownership interest
or a lease arrangement.
‘‘(F) Such other information and assurances as the
Secretary may reasonably require.
‘‘(7) REPORT.—
‘‘(A) IN GENERAL.—Not later than January 1 of each
year, the Secretary shall prepare and submit to the appro-
priate congressional committees a report that contains a
justification for each grant awarded under this subsection
for the prior fiscal year.
‘‘(B) DEFINITION.—In this paragraph, the term ‘appro-
priate congressional committees’ means—
‘‘(i) the Committee on Appropriations and the Com-
mittee on Education and the Workforce of the House
of Representatives; and
H. R. 1—532
‘‘(ii) the Committee on Appropriations and the
Committee on Health, Education, Labor, and Pensions
of the Senate.’’.
SEC. 804. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE
AID.
Section 8009(b)(1) (20 U.S.C. 7709(b)(1)) is amended by
inserting after ‘‘section 8003(a)(2)(B)’’ the following: ‘‘and, with
respect to a local educational agency that receives a payment under
section 8003(b)(2), the amount in excess of the amount that the
agency would receive if the agency were deemed to be an agency
eligible to receive a payment under section 8003(b)(1) and not
section 8003(b)(2)’’.
SEC. 805. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—Section 8014 (20 U.S.C. 7714) is amended
in subsections (a), (b), (c), and (f) by striking ‘‘three succeeding
fiscal years’’ each place it appears and inserting ‘‘seven succeeding
fiscal years’’.
(b) CONSTRUCTION.—Section 8014(e) (20 U.S.C. 7714(e)) is
amended by striking ‘‘for each of the three succeeding fiscal years’’
and inserting ‘‘for fiscal year 2001, $150,000,000 for fiscal year
2002, and such sums as may be necessary for each of the five
succeeding fiscal years’’.
(c) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL
AGENCIES IMPACTED BY FEDERAL PROPERTY ACQUISITION.—Section
8014 (20 U.S.C. 7714) is amended by striking subsection (g).
TITLE IX—GENERAL PROVISIONS
SEC. 901. GENERAL PROVISIONS.
Title IX (20 U.S.C. 7801 et seq.) is amended to read as follows:
‘‘TITLE IX—GENERAL PROVISIONS
‘‘PART A—DEFINITIONS
‘‘SEC. 9101. DEFINITIONS.
‘‘Except as otherwise provided, in this Act:
‘‘(1) AVERAGE DAILY ATTENDANCE.—
‘‘(A) IN GENERAL.—Except as provided otherwise by
State law or this paragraph, the term ‘average daily attend-
ance’ means—
‘‘(i) the aggregate number of days of attendance
of all students during a school year; divided by
‘‘(ii) the number of days school is in session during
that year.
‘‘(B) CONVERSION.—The Secretary shall permit the
conversion of average daily membership (or other similar
data) to average daily attendance for local educational
agencies in States that provide State aid to local edu-
cational agencies on the basis of average daily membership
(or other similar data).
‘‘(C) SPECIAL RULE.—If the local educational agency
in which a child resides makes a tuition or other payment
for the free public education of the child in a school located
H. R. 1—533
in another school district, the Secretary shall, for the pur-
pose of this Act—
‘‘(i) consider the child to be in attendance at a
school of the agency making the payment; and
‘‘(ii) not consider the child to be in attendance
at a school of the agency receiving the payment.
‘‘(D) CHILDREN
WITH
DISABILITIES.—If a local edu-
cational agency makes a tuition payment to a private school
or to a public school of another local educational agency
for a child with a disability, as defined in section 602
of the Individuals with Disabilities Education Act, the Sec-
retary shall, for the purpose of this Act, consider the child
to be in attendance at a school of the agency making
the payment.
‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average
per-pupil expenditure’ means, in the case of a State or of
the United States—
‘‘(A) without regard to the source of funds—
‘‘(i) the aggregate current expenditures, during the
third fiscal year preceding the fiscal year for which
the determination is made (or, if satisfactory data for
that year are not available, during the most recent
preceding fiscal year for which satisfactory data are
available) of all local educational agencies in the State
or, in the case of the United States, for all States
(which, for the purpose of this paragraph, means the
50 States and the District of Columbia); plus
‘‘(ii) any direct current expenditures by the State
for the operation of those agencies; divided by
‘‘(B) the aggregate number of children in average daily
attendance to whom those agencies provided free public
education during that preceding year.
‘‘(3) BEGINNING
TEACHER.—The term ‘beginning teacher’
means a teacher in a public school who has been teaching
less than a total of three complete school years.
‘‘(4) CHILD.—The term ‘child’ means any person within
the age limits for which the State provides free public education.
‘‘(5) CHILD
WITH
A
DISABILITY.—The term ‘child with a
disability’ has the same meaning given that term in section
602 of the Individuals with Disabilities Education Act.
‘‘(6) COMMUNITY-BASED ORGANIZATION.—The term ‘commu-
nity-based organization’ means a public or private nonprofit
organization of demonstrated effectiveness that—
‘‘(A) is representative of a community or significant
segments of a community; and
‘‘(B) provides educational or related services to individ-
uals in the community.
‘‘(7) CONSOLIDATED LOCAL APPLICATION.—The term ‘consoli-
dated local application’ means an application submitted by
a local educational agency pursuant to section 9305.
‘‘(8) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated
local plan’ means a plan submitted by a local educational agency
pursuant to section 9305.
‘‘(9) CONSOLIDATED STATE APPLICATION.—The term ‘consoli-
dated State application’ means an application submitted by
a State educational agency pursuant to section 9302.
H. R. 1—534
‘‘(10) CONSOLIDATED STATE PLAN.—The term ‘consolidated
State plan’ means a plan submitted by a State educational
agency pursuant to section 9302.
‘‘(11) CORE ACADEMIC SUBJECTS.—The term ‘core academic
subjects’ means English, reading or language arts, mathe-
matics, science, foreign languages, civics and government,
economics, arts, history, and geography.
‘‘(12) COUNTY.—The term ‘county’ means one of the divi-
sions of a State used by the Secretary of Commerce in compiling
and reporting data regarding counties.
‘‘(13) COVERED
PROGRAM.—The term ‘covered program’
means each of the programs authorized by—
‘‘(A) part A of title I;
‘‘(B) subpart 3 of part B of title I;
‘‘(C) part C of title I;
‘‘(D) part D of title I;
‘‘(E) part F of title I;
‘‘(F) part A of title II;
‘‘(G) part D of title II;
‘‘(H) part A of title III;
‘‘(I) part A of title IV;
‘‘(J) part B of title IV;
‘‘(K) part A of title V; and
‘‘(L) subpart 2 of part B of title VI.
‘‘(14) CURRENT EXPENDITURES.—The term ‘current expendi-
tures’ means expenditures for free public education—
‘‘(A) including expenditures for administration, instruc-
tion, attendance and health services, pupil transportation
services, operation and maintenance of plant, fixed charges,
and net expenditures to cover deficits for food services
and student body activities; but
‘‘(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds received under title I and part A of title V.
‘‘(15) DEPARTMENT.—The term ‘Department’ means the
Department of Education.
‘‘(16) DISTANCE
LEARNING.—The term ‘distance learning’
means the transmission of educational or instructional
programming to geographically dispersed individuals and
groups via telecommunications.
‘‘(17) EDUCATIONAL
SERVICE
AGENCY.—The term ‘edu-
cational service agency’ means a regional public multiservice
agency authorized by State statute to develop, manage, and
provide services or programs to local educational agencies.
‘‘(18) ELEMENTARY SCHOOL.—The term ‘elementary school’
means a nonprofit institutional day or residential school,
including a public elementary charter school, that provides
elementary education, as determined under State law.
‘‘(19) EXEMPLARY TEACHER.—The term ‘exemplary teacher’
means a teacher who—
‘‘(A) is a highly qualified teacher such as a master
teacher;
‘‘(B) has been teaching for at least 5 years in a public
or private school or institution of higher education;
‘‘(C) is recommended to be an exemplary teacher by
administrators and other teachers who are knowledgeable
about the individual’s performance;
H. R. 1—535
‘‘(D) is currently teaching and based in a public school;
and
‘‘(E) assists other teachers in improving instructional
strategies, improves the skills of other teachers, performs
teacher mentoring, develops curricula, and offers other
professional development.
‘‘(20) FAMILY LITERACY SERVICES.—The term ‘family literacy
services’ means services provided to participants on a voluntary
basis that are of sufficient intensity in terms of hours, and
of sufficient duration, to make sustainable changes in a family,
and that integrate all of the following activities:
‘‘(A) Interactive literacy activities between parents and
their children.
‘‘(B) Training for parents regarding how to be the pri-
mary teacher for their children and full partners in the
education of their children.
‘‘(C) Parent literacy training that leads to economic
self-sufficiency.
‘‘(D) An age-appropriate education to prepare children
for success in school and life experiences.
‘‘(21) FREE PUBLIC EDUCATION.—The term ‘free public edu-
cation’ means education that is provided—
‘‘(A) at public expense, under public supervision and
direction, and without tuition charge; and
‘‘(B) as elementary school or secondary school education
as determined under applicable State law, except that the
term does not include any education provided beyond grade
12.
‘‘(22) GIFTED AND TALENTED.—The term ‘gifted and tal-
ented’, when used with respect to students, children, or youth,
means students, children, or youth who give evidence of high
achievement capability in areas such as intellectual, creative,
artistic, or leadership capacity, or in specific academic fields,
and who need services or activities not ordinarily provided
by the school in order to fully develop those capabilities.
‘‘(23) HIGHLY QUALIFIED.—The term ‘highly qualified’—
‘‘(A) when used with respect to any public elementary
school or secondary school teacher teaching in a State,
means that—
‘‘(i) the teacher has obtained full State certification
as a teacher (including certification obtained through
alternative routes to certification) or passed the State
teacher licensing examination, and holds a license to
teach in such State, except that when used with respect
to any teacher teaching in a public charter school,
the term means that the teacher meets the require-
ments set forth in the State’s public charter school
law; and
‘‘(ii) the teacher has not had certification or licen-
sure requirements waived on an emergency, temporary,
or provisional basis;
‘‘(B) when used with respect to—
‘‘(i) an elementary school teacher who is new to
the profession, means that the teacher—
‘‘(I) holds at least a bachelor’s degree; and
‘‘(II) has demonstrated, by passing a rigorous
State test, subject knowledge and teaching skills
H. R. 1—536
in reading, writing, mathematics, and other areas
of the basic elementary school curriculum (which
may consist of passing a State-required certifi-
cation or licensing test or tests in reading, writing,
mathematics, and other areas of the basic
elementary school curriculum); or
‘‘(ii) a middle or secondary school teacher who is
new to the profession, means that the teacher holds
at least a bachelor’s degree and has demonstrated a
high level of competency in each of the academic sub-
jects in which the teacher teaches by—
‘‘(I) passing a rigorous State academic subject
test in each of the academic subjects in which
the teacher teaches (which may consist of a passing
level of performance on a State-required certifi-
cation or licensing test or tests in each of the
academic subjects in which the teacher teaches);
or
‘‘(II) successful completion, in each of the aca-
demic subjects in which the teacher teaches, of
an academic major, a graduate degree, coursework
equivalent to an undergraduate academic major,
or advanced certification or credentialing; and
‘‘(C) when used with respect to an elementary, middle,
or secondary school teacher who is not new to the profes-
sion, means that the teacher holds at least a bachelor’s
degree and—
‘‘(i) has met the applicable standard in clause (i)
or (ii) of subparagraph (B), which includes an option
for a test; or
‘‘(ii) demonstrates competence in all the academic
subjects in which the teacher teaches based on a high
objective uniform State standard of evaluation that—
‘‘(I) is set by the State for both grade appro-
priate academic subject matter knowledge and
teaching skills;
‘‘(II) is aligned with challenging State aca-
demic content and student academic achievement
standards and developed in consultation with core
content specialists, teachers, principals, and school
administrators;
‘‘(III) provides objective, coherent information
about the teacher’s attainment of core content
knowledge in the academic subjects in which a
teacher teaches;
‘‘(IV) is applied uniformly to all teachers in
the same academic subject and the same grade
level throughout the State;
‘‘(V) takes into consideration, but not be based
primarily on, the time the teacher has been
teaching in the academic subject;
‘‘(VI) is made available to the public upon
request; and
‘‘(VII) may involve multiple, objective meas-
ures of teacher competency.
H. R. 1—537
‘‘(24) INSTITUTION
OF
HIGHER
EDUCATION.—The term
‘institution of higher education’ has the meaning given that
term in section 101(a) of the Higher Education Act of 1965.
‘‘(25) LIMITED
ENGLISH
PROFICIENT.—The term ‘limited
English proficient’, when used with respect to an individual,
means an individual—
‘‘(A) who is aged 3 through 21;
‘‘(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
‘‘(C)(i) who was not born in the United States or whose
native language is a language other than English;
‘‘(ii)(I) who is a Native American or Alaska Native,
or a native resident of the outlying areas; and
‘‘(II) who comes from an environment where a language
other than English has had a significant impact on the
individual’s level of English language proficiency; or
‘‘(iii) who is migratory, whose native language is a
language other than English, and who comes from an
environment where a language other than English is domi-
nant; and
‘‘(D) whose difficulties in speaking, reading, writing,
or understanding the English language may be sufficient
to deny the individual—
‘‘(i) the ability to meet the State’s proficient level
of achievement on State assessments described in sec-
tion 1111(b)(3);
‘‘(ii) the ability to successfully achieve in class-
rooms where the language of instruction is English;
or
‘‘(iii) the opportunity to participate fully in society.
‘‘(26) LOCAL EDUCATIONAL AGENCY.—
‘‘(A) IN GENERAL.—The term ‘local educational agency’
means a public board of education or other public authority
legally constituted within a State for either administrative
control or direction of, or to perform a service function
for, public elementary schools or secondary schools in a
city, county, township, school district, or other political
subdivision of a State, or of or for a combination of school
districts or counties that is recognized in a State as an
administrative agency for its public elementary schools or
secondary schools.
‘‘(B) ADMINISTRATIVE
CONTROL
AND
DIRECTION.—The
term includes any other public institution or agency having
administrative control and direction of a public elementary
school or secondary school.
‘‘(C) BIA SCHOOLS.—The term includes an elementary
school or secondary school funded by the Bureau of Indian
Affairs but only to the extent that including the school
makes the school eligible for programs for which specific
eligibility is not provided to the school in another provision
of law and the school does not have a student population
that is smaller than the student population of the local
educational agency receiving assistance under this Act with
the smallest student population, except that the school
shall not be subject to the jurisdiction of any State edu-
cational agency other than the Bureau of Indian Affairs.
H. R. 1—538
‘‘(D) EDUCATIONAL
SERVICE
AGENCIES.—The term
includes educational service agencies and consortia of those
agencies.
‘‘(E) STATE EDUCATIONAL AGENCY.—The term includes
the State educational agency in a State in which the State
educational agency is the sole educational agency for all
public schools.
‘‘(27) MENTORING.—The term ‘mentoring’, except when used
to refer to teacher mentoring, means a process by which a
responsible adult, postsecondary student, or secondary school
student works with a child to provide a positive role model
for the child, to establish a supportive relationship with the
child, and to provide the child with academic assistance and
exposure to new experiences and examples of opportunity that
enhance the ability of the child to become a responsible adult.
‘‘(28) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—
The terms ‘Native American’ and ‘Native American language’
have the same meaning given those terms in section 103 of
the Native American Languages Act of 1990.
‘‘(29) OTHER STAFF.—The term ‘other staff’ means pupil
services personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
‘‘(30) OUTLYING AREA.—The term ‘outlying area’ means the
United States Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands, and for
the purpose of section 1121(b) and any other discretionary
grant program under this Act, includes the freely associated
states of the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau until an agree-
ment for the extension of United States education assistance
under the Compact of Free Association for each of the freely
associated states becomes effective after the date of enactment
of the No Child Left Behind Act of 2001.
‘‘(31) PARENT.—The term ‘parent’ includes a legal guardian
or other person standing in loco parentis (such as a grandparent
or stepparent with whom the child lives, or a person who
is legally responsible for the child’s welfare).
‘‘(32) PARENTAL INVOLVEMENT.—The term ‘parental involve-
ment’ means the participation of parents in regular, two-way,
and meaningful communication involving student academic
learning and other school activities, including ensuring—
‘‘(A) that parents play an integral role in assisting
their child’s learning;
‘‘(B) that parents are encouraged to be actively involved
in their child’s education at school;
‘‘(C) that parents are full partners in their child’s edu-
cation and are included, as appropriate, in decisionmaking
and on advisory committees to assist in the education of
their child;
‘‘(D) the carrying out of other activities, such as those
described in section 1118.
‘‘(33) 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 Services Block Grant Act) applicable to a
family of the size involved.
H. R. 1—539
‘‘(34) PROFESSIONAL DEVELOPMENT.—The term ‘professional
development’—
‘‘(A) includes activities that—
‘‘(i) improve and increase teachers’ knowledge of
the academic subjects the teachers teach, and enable
teachers to become highly qualified;
‘‘(ii) are an integral part of broad schoolwide and
districtwide educational improvement plans;
‘‘(iii) give teachers, principals, and administrators
the knowledge and skills to provide students with the
opportunity to meet challenging State academic content
standards and student academic achievement stand-
ards;
‘‘(iv) improve classroom management skills;
‘‘(v)(I) are high quality, sustained, intensive, and
classroom-focused in order to have a positive and
lasting impact on classroom instruction and the
teacher’s performance in the classroom; and
‘‘(II) are not 1-day or short-term workshops or
conferences;
‘‘(vi) support the recruiting, hiring, and training
of highly qualified teachers, including teachers who
became highly qualified through State and local alter-
native routes to certification;
‘‘(vii) advance teacher understanding of effective
instructional strategies that are—
‘‘(I) based on scientifically based research
(except that this subclause shall not apply to activi-
ties carried out under part D of title II); and
‘‘(II) strategies for improving student academic
achievement or substantially increasing the knowl-
edge and teaching skills of teachers; and
‘‘(viii) are aligned with and directly related to—
‘‘(I) State academic content standards, student
academic achievement standards, and assess-
ments; and
‘‘(II) the curricula and programs tied to the
standards described in subclause (I) except that
this subclause shall not apply to activities
described in clauses (ii) and (iii) of section
2123(3)(B);
‘‘(ix) are developed with extensive participation of
teachers, principals, parents, and administrators of
schools to be served under this Act;
‘‘(x) are designed to give teachers of limited English
proficient children, and other teachers and instruc-
tional staff, the knowledge and skills to provide instruc-
tion and appropriate language and academic support
services to those children, including the appropriate
use of curricula and assessments;
‘‘(xi) to the extent appropriate, provide training
for teachers and principals in the use of technology
so that technology and technology applications are
effectively used in the classroom to improve teaching
and learning in the curricula and core academic sub-
jects in which the teachers teach;
H. R. 1—540
‘‘(xii) as a whole, are regularly evaluated for their
impact on increased teacher effectiveness and improved
student academic achievement, with the findings of
the evaluations used to improve the quality of profes-
sional development;
‘‘(xiii) provide instruction in methods of teaching
children with special needs;
‘‘(xiv) include instruction in the use of data and
assessments to inform and instruct classroom practice;
and
‘‘(xv) include instruction in ways that teachers,
principals, 
pupil 
services 
personnel, 
and 
school
administrators may work more effectively with parents;
and
‘‘(B) may include activities that—
‘‘(i) involve the forming of partnerships with
institutions of higher education to establish school-
based teacher training programs that provide prospec-
tive teachers and beginning teachers with an oppor-
tunity to work under the guidance of experienced
teachers and college faculty;
‘‘(ii) create programs to enable paraprofessionals
(assisting teachers employed by a local educational
agency receiving assistance under part A of title I)
to obtain the education necessary for those paraprofes-
sionals to become certified and licensed teachers; and
‘‘(iii) provide follow-up training to teachers who
have participated in activities described in subpara-
graph (A) or another clause of this subparagraph that
are designed to ensure that the knowledge and skills
learned by the teachers are implemented in the class-
room.
‘‘(35) PUBLIC
TELECOMMUNICATIONS
ENTITY.—The term
‘public telecommunications entity’ has the meaning given that
term in section 397(12) of the Communications Act of 1934.
‘‘(36) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.—
‘‘(A) PUPIL SERVICES PERSONNEL.—The term ‘pupil serv-
ices personnel’ means school counselors, school social
workers, school psychologists, and other qualified profes-
sional personnel involved in providing assessment, diag-
nosis, counseling, educational, therapeutic, and other nec-
essary services (including related services as that term
is defined in section 602 of the Individuals with Disabilities
Education Act) as part of a comprehensive program to
meet student needs.
‘‘(B) PUPIL SERVICES.—The term ‘pupil services’ means
the services provided by pupil services personnel.
‘‘(37) SCIENTIFICALLY BASED RESEARCH.—The term ‘scientif-
ically based research’—
‘‘(A) means research that involves the application of
rigorous, systematic, and objective procedures to obtain
reliable and valid knowledge relevant to education activi-
ties and programs; and
‘‘(B) includes research that—
‘‘(i) employs systematic, empirical methods that
draw on observation or experiment;
H. R. 1—541
‘‘(ii) involves rigorous data analyses that are ade-
quate to test the stated hypotheses and justify the
general conclusions drawn;
‘‘(iii) relies on measurements or observational
methods that provide reliable and valid data across
evaluators and observers, across multiple measure-
ments and observations, and across studies by the
same or different investigators;
‘‘(iv) is evaluated using experimental or quasi-
experimental designs in which individuals, entities,
programs, or activities are assigned to different condi-
tions and with appropriate controls to evaluate the
effects of the condition of interest, with a preference
for random-assignment experiments, or other designs
to the extent that those designs contain within-condi-
tion or across-condition controls;
‘‘(v) ensures that experimental studies are pre-
sented in sufficient detail and clarity to allow for rep-
lication or, at a minimum, offer the opportunity to
build systematically on their findings; and
‘‘(vi) has been accepted by a peer-reviewed journal
or approved by a panel of independent experts through
a comparably rigorous, objective, and scientific review.
‘‘(38) SECONDARY
SCHOOL.—The term ‘secondary school’
means a nonprofit institutional day or residential school,
including a public secondary charter school, that provides sec-
ondary education, as determined under State law, except that
the term does not include any education beyond grade 12.
‘‘(39) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Education.
STATE.—The term ‘State’ means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
‘‘(41) STATE EDUCATIONAL AGENCY.—The term ‘State edu-
cational agency’ means the agency primarily responsible for
the State supervision of public elementary schools and sec-
ondary schools.
‘‘(42) TEACHER MENTORING.—The term ‘teacher mentoring’
means activities that—
‘‘(A) consist of structured guidance and regular and
ongoing support for teachers, especially beginning teachers,
that—
‘‘(i) are designed to help the teachers continue
to improve their practice of teaching and to develop
their instructional skills; and
part of an ongoing developmental induction
process—
‘‘(I) involve the assistance of an exemplary
teacher and other appropriate individuals from a
school, local educational agency, or institution of
higher education; and
‘‘(II) may include coaching, classroom observa-
tion, team teaching, and reduced teaching loads;
and
‘‘(B) may include the establishment of a partnership
by a local educational agency with an institution of higher
H. R. 1—542
education, another local educational agency, a teacher
organization, or another organization.
‘‘(43) TECHNOLOGY.—The term ‘technology’ means state-
of-the-art technology products and services.
‘‘SEC. 9102. APPLICABILITY OF TITLE.
‘‘Parts B, C, D, and E of this title do not apply to title VIII
of this Act.
‘‘SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.
‘‘For the purpose of any competitive program under this Act—
‘‘(1) a consortium of schools operated by the Bureau of
Indian Affairs;
‘‘(2) a school operated under a contract or grant with the
Bureau of Indian Affairs in consortium with another contract
or grant school or a tribal or community organization; or
‘‘(3) a Bureau of Indian Affairs school in consortium with
an institution of higher education, a contract or grant school,
or a tribal or community organization,
shall be given the same consideration as a local educational agency.
‘‘PART B—FLEXIBILITY IN THE USE OF
ADMINISTRATIVE AND OTHER FUNDS
‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency may consoli-
date the amounts specifically made available to it for State
administration under one or more of the programs under para-
graph (2) if the State educational agency can demonstrate
that the majority of its resources are derived from non-Federal
sources.
‘‘(2) APPLICABILITY.—This section applies to any program
under this Act under which funds are authorized to be used
for administration, and such other programs as the Secretary
may designate.
‘‘(b) USE OF FUNDS.—
‘‘(1) IN GENERAL.—A State educational agency shall use
the amount available under this section for the administration
of the programs included in the consolidation under subsection
(a).
‘‘(2) ADDITIONAL USES.—A State educational agency may
also use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation
under subsection (a), such as—
‘‘(A) the coordination of those programs with other
Federal and non-Federal programs;
‘‘(B) the establishment and operation of peer-review
mechanisms under this Act;
‘‘(C) the administration of this title;
‘‘(D) the dissemination of information regarding model
programs and practices;
‘‘(E) technical assistance under any program under
this Act;
H. R. 1—543
‘‘(F) State-level activities designed to carry out this
title;
‘‘(G) training personnel engaged in audit and other
monitoring activities; and
‘‘(H) implementation of the Cooperative Audit Resolu-
tion and Oversight Initiative of the Department.
‘‘(c) RECORDS.—A State educational agency that consolidates
administrative funds under this section shall not be required to
keep separate records, by individual program, to account for costs
relating to the administration of programs included in the consolida-
tion under subsection (a).
‘‘(d) REVIEW.—To determine the effectiveness of State adminis-
tration under this section, the Secretary may periodically review
the performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as
the Secretary finds appropriate to ensure the effectiveness of that
administration.
‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational
agency does not use all of the funds available to the agency under
this section for administration, the agency may use those funds
during the applicable period of availability as funds available under
one or more programs included in the consolidation under sub-
section (a).
‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT
DEVELOPMENT.—In order to develop challenging State academic
standards and assessments, a State educational agency may consoli-
date the amounts described in subsection (a) for those purposes
under title I.
‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
‘‘A State educational agency that also serves as a local edu-
cational agency shall, in its applications or plans under this Act,
describe how the agency will eliminate duplication in conducting
administrative functions.
‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
‘‘(a) GENERAL AUTHORITY.—In accordance with regulations of
the Secretary and for any fiscal year, a local educational agency,
with the approval of its State educational agency, may consolidate
and use for the administration of one or more programs under
this Act (or such other programs as the Secretary shall designate)
not more than the percentage, established in each program, of
the total available for the local educational agency under those
programs.
‘‘(b) STATE PROCEDURES.—Within 1 year after the date of enact-
ment of the No Child Left Behind Act of 2001, a State educational
agency shall, in collaboration with local educational agencies in
the State, establish procedures for responding to requests from
local educational agencies to consolidate administrative funds under
subsection (a) and for establishing limitations on the amount of
funds under those programs that may be used for administration
on a consolidated basis.
‘‘(c) CONDITIONS.—A local educational agency that consolidates
administrative funds under this section for any fiscal year shall
not use any other funds under the programs included in the consoli-
dation for administration for that fiscal year.
‘‘(d) USES
OF ADMINISTRATIVE FUNDS.—A local educational
agency that consolidates administrative funds under this section
H. R. 1—544
may use the consolidated funds for the administration of the pro-
grams and for uses, at the school district and school levels, com-
parable to those described in section 9201(b)(2).
‘‘(e) RECORDS.—A local educational agency that consolidates
administrative funds under this section shall not be required to
keep separate records, by individual program, to account for costs
relating to the administration of the programs included in the
consolidation.
‘‘SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) TRANSFER.—The Secretary shall transfer to the Depart-
ment of the Interior, as a consolidated amount for covered
programs, the Indian education programs under part A of title
VII, and the education for homeless children and youth program
under subtitle B of title VII of the McKinney-Vento Homeless
Assistance Act, the amounts allotted to the Department of
the Interior under those programs.
‘‘(2) AGREEMENT.—
‘‘(A) IN GENERAL.—The Secretary and the Secretary
of the Interior shall enter into an agreement, consistent
with the requirements of the programs specified in para-
graph (1), for the distribution and use of those program
funds under terms that the Secretary determines best meet
the purposes of those programs.
‘‘(B) CONTENTS.—The agreement shall—
‘‘(i) set forth the plans of the Secretary of the
Interior for the use of the amount transferred and
the achievement measures to assess program effective-
ness, including measurable goals and objectives; and
‘‘(ii) be developed in consultation with Indian
tribes.
‘‘(b) ADMINISTRATION.—The Department of the Interior may
use not more than 1.5 percent of the funds consolidated under
this section for its costs related to the administration of the funds
transferred under this section.
‘‘PART 
C—COORDINATION 
OF 
PROGRAMS;
CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
‘‘SEC. 9301. PURPOSES.
‘‘The purposes of this part are—
‘‘(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and service
delivery;
‘‘(2) to provide greater flexibility to State and local authori-
ties through consolidated plans, applications, and reporting;
and
‘‘(3) to enhance the integration of programs under this
Act with State and local programs.
‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICA-
TIONS.
‘‘(a) GENERAL AUTHORITY.—
H. R. 1—545
‘‘(1) SIMPLIFICATION.—In order to simplify application
requirements and reduce the burden for State educational agen-
cies under this Act, the Secretary, in accordance with subsection
(b), shall establish procedures and criteria under which, after
consultation with the Governor, a State educational agency
may submit a consolidated State plan or a consolidated State
application meeting the requirements of this section for—
‘‘(A) each of the covered programs in which the State
participates; and
‘‘(B) such other programs as the Secretary may des-
ignate.
‘‘(2) CONSOLIDATED APPLICATIONS AND PLANS.—After con-
sultation with the Governor, a State educational agency that
submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
separate State plans or applications under any of the programs
to which the consolidated State plan or consolidated State
application under this section applies.
‘‘(b) COLLABORATION.—
‘‘(1) IN GENERAL.—In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State agen-
cies, local educational agencies, public and private nonprofit
agencies, organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
‘‘(2) 
CONTENTS.—Through 
the 
collaborative 
process
described in paragraph (1), the Secretary shall establish, for
each program under this Act to which this section applies,
the descriptions, information, assurances, and other material
required to be included in a consolidated State plan or consoli-
dated State application.
‘‘(3) NECESSARY MATERIALS.—The Secretary shall require
only descriptions, information, assurances (including assur-
ances of compliance with applicable provisions regarding
participation by private school children and teachers), and other
materials that are absolutely necessary for the consideration
of the consolidated State plan or consolidated State application.
‘‘SEC. 9303. CONSOLIDATED REPORTING.
‘‘(a) IN GENERAL.—In order to simplify reporting requirements
and reduce reporting burdens, the Secretary shall establish proce-
dures and criteria under which a State educational agency, in
consultation with the Governor of the State, may submit a consoli-
dated State annual report.
‘‘(b) CONTENTS.—The report shall contain information about
the programs included in the report, including the performance
of the State under those programs, and other matters as the Sec-
retary determines are necessary, such as monitoring activities.
‘‘(c) REPLACEMENT.—The report shall replace separate indi-
vidual annual reports for the programs included in the consolidated
State annual report.
‘‘SEC. 9304. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
‘‘(a) ASSURANCES.—A State educational agency, in consultation
with the Governor of the State, that submits a consolidated State
plan or consolidated State application under this Act, whether
H. R. 1—546
separately or under section 9302, shall have on file with the Sec-
retary a single set of assurances, applicable to each program for
which the plan or application is submitted, that provides that—
‘‘(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
‘‘(2)(A) the control of funds provided under each such pro-
gram and title to property acquired with program funds will
be in a public agency, a nonprofit private agency, institution,
or organization, or an Indian tribe, if the law authorizing
the program provides for assistance to those entities; and
‘‘(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer those funds
and property to the extent required by the authorizing law;
‘‘(3) the State will adopt and use proper methods of admin-
istering each such program, including—
‘‘(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
‘‘(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evalua-
tion; and
‘‘(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of the programs;
‘‘(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or
other Federal officials;
‘‘(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may be necessary
to enable the Secretary to perform the Secretary’s duties
under each such program; and
‘‘(B) maintain such records, provide such information
to the Secretary, and afford such access to the records
as the Secretary may find necessary to carry out the Sec-
retary’s duties; and
‘‘(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for public
comment on the plan or application and considered such com-
ment.
‘‘(b) GEPA PROVISION.—Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
‘‘SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
‘‘(a) GENERAL AUTHORITY.—
‘‘(1) CONSOLIDATED
PLAN.—A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational agency
under those programs on a consolidated basis.
‘‘(2) AVAILABILITY TO GOVERNOR.—The State educational
agency shall make any consolidated local plans and applications
available to the Governor.
H. R. 1—547
‘‘(b) REQUIRED CONSOLIDATED PLANS
OR APPLICATIONS.—A
State educational agency that has an approved consolidated State
plan or application under section 9302 may require local educational
agencies in the State receiving funds under more than one program
included in the consolidated State plan or consolidated State
application to submit consolidated local plans or applications under
those programs, but may not require those agencies to submit
separate plans.
‘‘(c) COLLABORATION.—A State educational agency, in consulta-
tion with the Governor, shall collaborate with local educational
agencies in the State in establishing procedures for the submission
of the consolidated State plans or consolidated State applications
under this section.
‘‘(d) NECESSARY MATERIALS.—The State educational agency
shall require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of the
local educational agency plan or application.
‘‘SEC. 9306. OTHER GENERAL ASSURANCES.
‘‘(a) ASSURANCES.—Any applicant, other than a State edu-
cational agency that submits a plan or application under this Act,
whether separately or pursuant to section 9305, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is sub-
mitted, that provides that—
‘‘(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
‘‘(2)(A) the control of funds provided under each such pro-
gram and title to property acquired with program funds will
be in a public agency or in a nonprofit private agency, institu-
tion, organization, or Indian tribe, if the law authorizing the
program provides for assistance to those entities; and
‘‘(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer the funds and
property to the extent required by the authorizing statutes;
‘‘(3) the applicant will adopt and use proper methods of
administering each such program, including—
‘‘(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program; and
‘‘(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evalua-
tion;
‘‘(4) the applicant will cooperate in carrying out any evalua-
tion of each such program conducted by or for the State edu-
cational agency, the Secretary, or other Federal officials;
‘‘(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
‘‘(6) the applicant will—
‘‘(A) submit such reports to the State educational
agency (which shall make the reports available to the Gov-
ernor) and the Secretary as the State educational agency
and Secretary may require to enable the State educational
H. R. 1—548
agency and the Secretary to perform their duties under
each such program; and
‘‘(B) maintain such records, provide such information,
and afford such access to the records as the State edu-
cational agency (after consultation with the Governor) or
the Secretary may reasonably require to carry out the
State educational agency’s or the Secretary’s duties; and
‘‘(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
‘‘(b) GEPA PROVISION.—Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
‘‘PART D—WAIVERS
‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-
MENTS.
‘‘(a) IN GENERAL.—Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational agency,
Indian tribe, or school through a local educational agency, that—
‘‘(1) receives funds under a program authorized by this
Act; and
‘‘(2) requests a waiver under subsection (b).
‘‘(b) REQUEST FOR WAIVER.—
‘‘(1) IN GENERAL.—A State educational agency, local edu-
cational agency, or Indian tribe that desires a waiver shall
submit a waiver request to the Secretary that—
‘‘(A) identifies the Federal programs affected by the
requested waiver;
‘‘(B) describes which Federal statutory or regulatory
requirements are to be waived and how the waiving of
those requirements will—
‘‘(i) increase the quality of instruction for students;
and
‘‘(ii) improve the academic achievement of stu-
dents;
‘‘(C) describes, for each school year, specific, measur-
able educational goals, in accordance with section 1111(b),
for the State educational agency and for each local edu-
cational agency, Indian tribe, or school that would be
affected by the waiver and the methods to be used to
measure annually such progress for meeting such goals
and outcomes;
‘‘(D) explains how the waiver will assist the State
educational agency and each affected local educational
agency, Indian tribe, or school in reaching those goals;
and
‘‘(E) describes how schools will continue to provide
assistance to the same populations served by programs
for which waivers are requested.
‘‘(2) ADDITIONAL INFORMATION.—Such requests—
‘‘(A) may provide for waivers of requirements applicable
to State educational agencies, local educational agencies,
Indian tribes, and schools; and
‘‘(B) shall be developed and submitted—
H. R. 1—551
and an opportunity for a hearing, that the performance of the
State or other recipient affected by the waiver has been inadequate
to justify a continuation of the waiver or if the waiver is no longer
necessary to achieve its original purposes.
‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination
of the notice to State educational agencies, interested parties,
including educators, parents, students, advocacy and civil rights
organizations, and the public.
‘‘PART E—UNIFORM PROVISIONS
‘‘Subpart 1—Private Schools
‘‘SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
‘‘(a) PRIVATE SCHOOL PARTICIPATION.—
‘‘(1) IN GENERAL.—Except as otherwise provided in this
Act, to the extent consistent with the number of eligible children
in areas served by a State educational agency, local educational
agency, educational service agency, consortium of those agen-
cies, or another entity receiving financial assistance under a
program specified in subsection (b), who are enrolled in private
elementary schools and secondary schools in areas served by
such agency, consortium, or entity, the agency, consortium,
or entity shall, after timely and meaningful consultation with
appropriate private school officials provide to those children
and their teachers or other educational personnel, on an equi-
table basis, special educational services or other benefits that
address their needs under the program.
‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR
BENEFITS.—Educational services or other benefits, including
materials and equipment, provided under this section, shall
be secular, neutral, and nonideological.
‘‘(3) SPECIAL RULE.—Educational services and other benefits
provided under this section for private school children, teachers,
and other educational personnel shall be equitable in compari-
son to services and other benefits for public school children,
teachers, and other educational personnel participating in the
program and shall be provided in a timely manner.
‘‘(4) EXPENDITURES.—Expenditures for educational services
and other benefits provided under this section for eligible pri-
vate school children, their teachers, and other educational per-
sonnel serving those children shall be equal, taking into account
the number and educational needs of the children to be served,
to the expenditures for participating public school children.
‘‘(5) PROVISION OF SERVICES.—An agency, consortium, or
entity described in subsection (a)(1) of this section may provide
those services directly or through contracts with public and
private agencies, organizations, and institutions.
‘‘(b) APPLICABILITY.—
‘‘(1) IN GENERAL.—This section applies to programs under—
‘‘(A) subparts 1 and 3 of part B of title I;
‘‘(B) part C of title I;
‘‘(C) part A of title II, to the extent provided in para-
graph (3);
H. R. 1—552
‘‘(D) part B of title II;
‘‘(E) part D of title II;
‘‘(F) part A of title III;
‘‘(G) part A of title IV; and
‘‘(H) part B of title IV.
‘‘(2) DEFINITION.—For the purpose of this section, the term
‘eligible children’ means children eligible for services under
a program described in paragraph (1).
‘‘(3) APPLICATION.—(A) Except as provided in subparagraph
(B), this subpart, including subsection (a)(4), applies to funds
awarded to a local educational agency under part A of title
II only to the extent that the local educational agency uses
funds under that part to provide professional development to
teachers and others.
‘‘(B) Subject to subparagraph (A), the share of the local
educational agency’s subgrant under part A of title II that
is used for professional development and subject to a determina-
tion of equitable expenditures under subsection (a)(4) shall
not be less than the aggregate share of that agency’s awards
that were used for professional development for fiscal year
2001 under section 2203(1)(B) (as such section was in effect
on the day preceding the date of enactment of the No Child
Left Behind Act of 2001) and section 306 of the Department
of Education Appropriations Act, 2001.
‘‘(c) CONSULTATION.—
‘‘(1) IN GENERAL.—To ensure timely and meaningful con-
sultation, a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
entity shall consult with appropriate private school officials
during the design and development of the programs under
this Act, on issues such as—
‘‘(A) how the children’s needs will be identified;
‘‘(B) what services will be offered;
‘‘(C) how, where, and by whom the services will be
provided;
‘‘(D) how the services will be assessed and how the
results of the assessment will be used to improve those
services;
‘‘(E) the size and scope of the equitable services to
be provided to the eligible private school children, teachers,
and other educational personnel and the amount of funds
available for those services; and
‘‘(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services, including
a thorough consideration and analysis of the views of the
private school officials on the provision of contract services
through potential third-party providers.
‘‘(2) DISAGREEMENT.—If the agency, consortium, or entity
disagrees with the views of the private school officials on the
provision of services through a contract, the agency, consortium,
or entity shall provide to the private school officials a written
explanation of the reasons why the local educational agency
has chosen not to use a contractor.
‘‘(3) TIMING.—The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes
any decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to
H. R. 1—553
participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities
under this section.
‘‘(4) DISCUSSION REQUIRED.—The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use
to provide equitable services to eligible private school children,
teachers, administrators, and other staff.
‘‘(d) PUBLIC CONTROL OF FUNDS.—
‘‘(1) IN GENERAL.—The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency for the uses and purposes provided in this Act, and
a public agency shall administer the funds and property.
‘‘(2) PROVISION OF SERVICES.—
‘‘(A) IN GENERAL.—The provision of services under this
section shall be provided—
‘‘(i) by employees of a public agency; or
‘‘(ii) through contract by the public agency with
an individual, association, agency, organization, or
other entity.
‘‘(B) INDEPENDENCE; PUBLIC AGENCY.—In the provision
of those services, the employee, person, association, agency,
organization, or other entity shall be independent of the
private school and of any religious organization, and the
employment or contract shall be under the control and
supervision of the public agency.
‘‘(C) COMMINGLING OF FUNDS PROHIBITED.—Funds used
to provide services under this section shall not be commin-
gled with non-Federal funds.
‘‘SEC. 9502. STANDARDS FOR BY-PASS.
‘‘(a) IN GENERAL.—If, by reason of any provision of law, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or other entity is
prohibited from providing for the participation in programs of chil-
dren enrolled in, or teachers or other educational personnel from,
private elementary schools and secondary schools, on an equitable
basis, or if the Secretary determines that the agency, consortium,
or entity has substantially failed or is unwilling to provide for
that participation, as required by section 9501, the Secretary shall—
‘‘(1) waive the requirements of that section for the agency,
consortium, or entity; and
‘‘(2) arrange for the provision of equitable services to those
children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 9501, 9503, and 9504.
‘‘(b) DETERMINATION.—In making the determination under sub-
section (a), the Secretary shall consider one or more factors,
including the quality, size, scope, and location of the program,
and the opportunity of private school children, teachers, and other
educational personnel to participate in the program.
‘‘SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
‘‘(a) PROCEDURES
FOR
COMPLAINTS.—The Secretary shall
develop and implement written procedures for receiving, inves-
tigating, and resolving complaints from parents, teachers, or other
H. R. 1—554
individuals and organizations concerning violations of section 9501
by a State educational agency, local educational agency, educational
service agency, consortium of those agencies, or entity. The indi-
vidual or organization shall submit the complaint to the State
educational agency for a written resolution by the State educational
agency within a reasonable period of time.
‘‘(b) APPEALS TO SECRETARY.—The resolution may be appealed
by an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or fails
to resolve the complaint within a reasonable period of time. The
appeal shall be accompanied by a copy of the State educational
agency’s resolution, and a complete statement of the reasons sup-
porting the appeal. The Secretary shall investigate and resolve
the appeal not later than 120 days after receipt of the appeal.
‘‘SEC. 9504. BY-PASS DETERMINATION PROCESS.
‘‘(a) REVIEW.—
‘‘(1) IN GENERAL.—
‘‘(A) WRITTEN OBJECTIONS.—The Secretary shall not
take any final action under section 9502 until the State
educational agency, local educational agency, educational
service agency, consortium of those agencies, or entity
affected by the action has had an opportunity, for not
less than 45 days after receiving written notice thereof,
to submit written objections and to appear before the Sec-
retary to show cause why that action should not be taken.
‘‘(B) PRIOR TO REDUCTION.—Pending final resolution
of any investigation or complaint that could result in a
determination under this section, the Secretary may with-
hold from the allocation of the affected State educational
agency or local educational agency the amount estimated
by the Secretary to be necessary to pay the cost of those
services.
‘‘(2) PETITION FOR REVIEW.—
‘‘(A) PETITION.—If the affected agency, consortium, or
entity is dissatisfied with the Secretary’s final action after
a proceeding under paragraph (1), the agency, consortium,
or entity may, within 60 days after notice of that action,
file with the United States court of appeals for the circuit
in which the State is located a petition for review of that
action.
‘‘(B) TRANSMISSION.—A copy of the petition shall be
forthwith transmitted by the clerk of the court to the
Secretary.
‘‘(C) FILING.—The Secretary, upon receipt of the copy
of the petition, shall file in the court the record of the
proceedings on which the Secretary based the action, as
provided in section 2112 of title 28, United States Code.
‘‘(3) FINDINGS OF FACT.—
‘‘(A) IN GENERAL.—The findings of fact by the Sec-
retary, if supported by substantial evidence, shall be conclu-
sive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence and
the Secretary may then make new or modified findings
of fact and may modify the Secretary’s previous action,
and shall file in the court the record of the further pro-
ceedings.