374
HR 1 EAS
‘‘(9) PROFESSIONAL DEVELOPMENT.—The term
‘professional development’ means activities that—
‘‘(A) are an integral part of broad
schoolwide and districtwide educational improve-
ment plans;
‘‘(B) enhance the ability of teachers and
other staff to—
‘‘(i) help all students meet challenging
State and local content and student per-
formance standards;
‘‘(ii) improve understanding and use
of student assessments by the teachers and
staff;
‘‘(iii) improve classroom management
skills;
‘‘(iv) as appropriate, integrate tech-
nology into the curriculum; and
‘‘(v) encourage and provide instruction
on how to work with and involve parents to
foster student achievement;
‘‘(C) are sustained, intensive, and school-
embedded;
‘‘(D) are aligned with—
375
HR 1 EAS
‘‘(i) State content standards, student
performance standards, and assessments;
and
‘‘(ii) the curricula and programs tied
to the standards described in clause (i);
‘‘(E) are of high quality and sufficient du-
ration to have a positive and lasting impact on
classroom instruction, and are not one-time
workshops; and
‘‘(F) are based on the best available research
on teaching and learning.
‘‘(10) TEACHER MENTORING.—The term ‘teacher
mentoring’ means activities that—
‘‘(A) consist of structured guidance and reg-
ular and ongoing support for beginning teachers,
that—
‘‘(i) are designed to help the teachers
continue to improve their practice of teach-
ing and to develop their instructional skills;
and
‘‘(ii) as part of a multiyear, develop-
mental induction process—
‘‘(I) involve the assistance of a
mentor teacher and other appropriate
individuals from a school, local edu-
376
HR 1 EAS
cational agency, or institution of high-
er education; and
‘‘(II) may include coaching, class-
room observation, 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 education, another local
educational agency, a teacher organization, or
another organization.
‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) GRANTS TO STATES, LOCAL EDUCATIONAL AGEN-
CIES, AND ELIGIBLE PARTNERSHIPS.—There are author-
ized to be appropriated to carry out this part (other than
subpart 5) $3,000,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 6 succeeding fiscal
years.
‘‘(b) NATIONAL PROGRAMS.—There are authorized to
be appropriated to carry out subpart 5 (other than sub-
sections (b), (e), and (f)) $100,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 6 suc-
ceeding fiscal years.
377
HR 1 EAS
‘‘Subpart 1—Grants to States
‘‘SEC. 2111. ALLOTMENTS TO STATES.
‘‘(a) IN GENERAL.—The Secretary shall make grants
to States with applications approved under section 2112
to pay for the Federal share of carrying out the activities
specified in section 2113. Each grant shall consist of the
allotment determined for a State under subsection (b).
‘‘(b) DETERMINATION OF ALLOTMENTS.—
‘‘(1) RESERVATION OF FUNDS.—
‘‘(A) IN GENERAL.—From the total amount
appropriated under section 2103(a) for a fiscal
year, the Secretary shall reserve—
‘‘(i) 1⁄2 of 1 percent for payments to the
outlying areas, to be distributed among the
outlying areas on the basis of their relative
need, as determined by the Secretary, for
activities authorized under this part relat-
ing to teacher quality, including profes-
sional development and teacher hiring; and
‘‘(ii) 1⁄2 of 1 percent for payments to
the Secretary of the Interior for activities
described in clause (i) in schools operated or
funded by the Bureau of Indian Affairs.
‘‘(B) LIMITATION.—In reserving an amount
for the purposes described in clauses (i) and (ii)
of subparagraph (A) for a fiscal year, the Sec-
378
HR 1 EAS
retary shall not reserve more than the total
amount the outlying areas and the schools oper-
ated or funded by the Bureau of Indian Affairs
received for fiscal year 2001 under—
‘‘(i) section 2202(b) of this Act (as in
effect on the day before the date of enact-
ment of the Better Education for Students
and Teachers Act); and
‘‘(ii) section 306 of the Department of
Education Appropriations Act, 2001 (as en-
acted into law by section 1(a)(1) of Public
Law 106–554).
‘‘(2) STATE ALLOTMENTS.—
‘‘(A) HOLD HARMLESS.—
‘‘(i) IN GENERAL.—Subject to subpara-
graph (B), from the total amount appro-
priated under section 2103(a) for any fiscal
year and not reserved under paragraph (1),
the Secretary shall allot to each of the 50
States, the District of Columbia, and the
Commonwealth of Puerto Rico an amount
equal to the total amount that such State
received for fiscal year 2001 under the au-
thorities described in paragraph (1)(B).
379
HR 1 EAS
‘‘(ii) RATABLE
REDUCTION.—If the
total amount appropriated under section
2103(a) for any fiscal year and not reserved
under paragraph (1) is insufficient to pay
the full amounts that all States are eligible
to receive under clause (i) for the fiscal
year, the Secretary shall ratably reduce
such amounts for the fiscal year.
‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—
‘‘(i) IN
GENERAL.—Subject to clause
(ii), for any fiscal year for which the total
amount appropriated under section 2103(a)
and not reserved under paragraph (1) ex-
ceeds the total amount made available to the
50 States, the District of Columbia, and the
Commonwealth of Puerto Rico for fiscal
year 2001 under the authorities described in
paragraph (1)(B), the Secretary shall allot
to each of those States the sum of—
‘‘(I) an amount that bears the
same relationship to 35 percent of the
excess amount as the number of indi-
viduals age 5 through 17 in the State,
as determined by the Secretary on the
basis of the most recent satisfactory
380
HR 1 EAS
data, bears to the number of those indi-
viduals in all such States, as so deter-
mined; and
‘‘(II) an amount that bears the
same relationship to 65 percent of the
excess amount as the number of indi-
viduals age 5 through 17 from families
with incomes below the poverty line in
the State, as determined by the Sec-
retary on the basis of the most recent
satisfactory data, bears to the number
of those individuals in all such States,
as so determined.
‘‘(ii) EXCEPTION.—No State receiving
an allotment under clause (i) may receive
less than 1⁄2 of 1 percent of the total excess
amount allotted under clause (i) for a fiscal
year.
‘‘(3) REALLOTMENT.—If any State does not
apply for an allotment under this subsection for any
fiscal year, the Secretary shall reallot the amount of
the allotment to the remaining States in accordance
with this subsection.
381
HR 1 EAS
‘‘SEC. 2112. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—For a State to be eligible to receive
a grant under this part, the State educational agency shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the Sec-
retary may reasonably require.
‘‘(b) CONTENTS.—Each application submitted under
this section shall include the following:
‘‘(1) A description of how the activities to be car-
ried out by the State educational agency under this
subpart will be based on a review of relevant research
and an explanation of why the activities are expected
to improve student performance and outcomes.
‘‘(2) A description of how the State educational
agency will ensure that activities assisted under this
subpart are aligned with State content standards, stu-
dent performance standards, and assessments.
‘‘(3) A description of how the State educational
agency will ensure that a local educational agency re-
ceiving a subgrant to carry out subpart 2 will comply
with the requirements of such subpart.
‘‘(4) A description of how the State educational
agency will use funds made available under this part
to improve the quality of the State’s teaching force
and the educational opportunities for students.
382
HR 1 EAS
‘‘(5) A description of how the State educational
agency will coordinate professional development ac-
tivities authorized under this part with professional
development activities provided under other Federal,
State, and local programs, including those authorized
under—
‘‘(A) title I, part C of this title, part A of
title III, and title IV; and
‘‘(B) where applicable, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
and title II of the Higher Education Act of 1965.
‘‘(6) A description of how the activities to be car-
ried out by the State educational agency under this
subpart will be developed collaboratively based on the
input of teachers, principals, paraprofessionals, ad-
ministrators, other school personnel, and parents.
‘‘(7) A description of how the State educational
agency will ensure that the professional development
(including teacher mentoring) needs of teachers will
be met using funds under this subpart and subpart 2.
‘‘(8) A description of the State educational agen-
cy’s annual measurable performance objectives under
section 2141.
383
HR 1 EAS
‘‘(9) A plan to ensure that all local educational
agencies in the State are meeting the performance ob-
jectives established by the State under section
2142(a)(1) so that all teachers in the State who are
teaching core academic subjects in public elementary
schools and secondary schools, in which not less than
50 percent of the students are from low-income fami-
lies, are highly qualified not later than the end of the
fourth year for which the State receives funds under
this part (as amended by the Better Education for
Students and Teachers Act).
‘‘(10) An assurance that the State educational
agency will consistently monitor the progress of each
local educational agency and school in the State in
achieving the purpose of this part and meeting the
performance objectives described in section 2142.
‘‘(11) In the case of a State that has a charter
school law that exempts teachers from State certifi-
cation and licensing requirements, a description of
the basis for the exemption.
‘‘(12) An assurance that the State educational
agency will comply with section 6 (regarding partici-
pation by private school children and teachers).
‘‘(c) APPROVAL.—The Secretary shall approve a State
application submitted to the Secretary under this section
384
HR 1 EAS
unless the Secretary makes a written determination, within
90 days after receiving the application, that the application
does not meet the requirements of this Act.
‘‘SEC. 2113. STATE USE OF FUNDS.
‘‘(a) IN GENERAL.—A State that receives a grant
under section 2111 shall—
‘‘(1) reserve 2 percent of the funds made avail-
able through the grant for State activities described in
subsection (b);
‘‘(2) reserve 95 percent of the funds to make sub-
grants to local educational agencies as described in
subpart 2; and
‘‘(3) reserve 3 percent of the funds to make sub-
grants to local partnerships as described in subpart
3.
‘‘(b) STATE ACTIVITIES.—The State educational agen-
cy for a State that receives a grant under section 2111 shall
use the funds reserved under subsection (a)(1) to carry out
1 or more of the following activities, including through a
grant or contract with a for-profit or nonprofit entity:
‘‘(1) Reforming teacher certification (including
recertification) or licensing requirements to ensure
that—
385
HR 1 EAS
‘‘(A) teachers have the necessary subject
matter knowledge and teaching skills in the aca-
demic subjects that the teachers teach;
‘‘(B) the requirements are aligned with
challenging State content standards; and
‘‘(C) teachers have the subject matter knowl-
edge and teaching skills, including technology lit-
eracy, necessary to help students meet chal-
lenging State student performance standards.
‘‘(2) Carrying out programs that provide sup-
port during the initial teaching experience, such as
programs that provide teacher mentoring, team teach-
ing, reduced schedules, and intensive professional de-
velopment.
‘‘(3) Carrying out programs that establish, ex-
pand, or improve alternative routes for State certifi-
cation of teachers for highly qualified individuals
with a baccalaureate degree, including mid-career
professionals from other occupations, paraprofes-
sionals, former military personnel, and recent college
or university graduates with records of academic dis-
tinction who demonstrate the potential to become
highly effective teachers.
‘‘(4) Providing assistance to teachers to enable
teachers to meet certification, licensing, or other re-
386
HR 1 EAS
quirements needed to become highly qualified by the
end of the fourth year described in section 2112(b)(9).
‘‘(5) Developing and implementing effective
mechanisms to assist local education agencies and
schools in effectively recruiting and retaining highly
qualified teachers and principals, and in cases in
which a State deems appropriate, pupil services per-
sonnel.
‘‘(6) Developing and implementing effective
mechanisms to assist local educational agencies and
schools in effectively recruiting and retaining highly
qualified and effective teachers and principals, in-
cluding teaching specialists in core academic subjects.
‘‘(7) Funding projects to promote reciprocity of
teacher certification or licensure between or among
States.
‘‘(8) Testing new teachers for subject matter
knowledge, and testing the teachers for State certifi-
cation or licensing, consistent with title II of the
Higher Education Act of 1965.
‘‘(9) Supporting activities that ensure that
teachers are able to use State content standards, stu-
dent performance standards, and assessments to im-
prove instructional practices and improve student
achievement and student performance.
387
HR 1 EAS
‘‘(10) Establishing teacher compensation systems
based on merit and proven performance.
‘‘(11) Reforming tenure systems.
‘‘(12) Funding projects and carrying out pro-
grams to encourage men to become elementary school
teachers.
‘‘(13) Establishing and operating a center that—
‘‘(A) serves as a statewide clearinghouse for
the recruitment and placement of kindergarten,
elementary school, and secondary school teachers;
and
‘‘(B) establishes and carries out programs to
improve teacher recruitment and retention with-
in the State.
‘‘(14) Supporting the activities of education
councils and professional development schools, involv-
ing partnerships described in paragraphs (1) and (3)
of subsection (c), respectively, for the purpose of—
‘‘(A) preparing out-of-field teachers to be
qualified to teach all of the classes that the teach-
ers are assigned to teach;
‘‘(B) preparing paraprofessionals to become
fully qualified teachers in areas served by high
need local educational agencies;
388
HR 1 EAS
‘‘(C) supporting teams of master teachers
and student teacher interns as a part of an ex-
tended teacher education program; and
‘‘(D) supporting teams of master teachers to
serve in low-performing schools.
‘‘(15) Providing professional development for
teachers and pupil services personnel.
‘‘(16) Encouraging and supporting the training
of teachers and administrators to effectively integrate
technology into curricula and instruction, including
the ability to collect, manage, and analyze data to
improve teaching, decision making and school im-
provement efforts and accountability.
‘‘(17) Developing or supporting programs that
encourage or expand the use of technology to provide
professional development, including through Internet-
based distance education and peer networks.
‘‘(18) Fulfilling the State’s responsibilities con-
cerning proper and efficient administration of the
program carried out under this part.
‘‘(c) COORDINATION.—A State that receives a grant to
carry out this subpart and a grant under section 202 of
the Higher Education Act of 1965 shall coordinate the ac-
tivities carried out under this subpart and the activities
carried out under that section 202.
389
HR 1 EAS
‘‘Subpart 2—Subgrants to Local Educational
Agencies
‘‘SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGEN-
CIES.
‘‘(a) IN GENERAL.—A State that receives a grant
under section 2111 shall use the funds reserved under sec-
tion 2113(a)(2) to make subgrants to eligible local edu-
cational agencies to carry out the activities specified in sec-
tion 2123. Each subgrant shall consist of the allocation de-
termined for a local educational agency under subsection
(b).
‘‘(b) DETERMINATION
OF ALLOCATIONS.—From the
total amount made available through the grant, the State
shall allocate to each of the eligible local educational agen-
cies the sum of—
‘‘(1) an amount that bears the same relationship
to 20 percent of the total amount as the number of
individuals age 5 through 17 in the geographic area
served by the agency, as determined by the Secretary
on the basis of the most recent satisfactory data, bears
to the number of those individuals in the geographic
areas served by all the local educational agencies in
the State, as so determined; and
‘‘(2) an amount that bears the same relationship
to 80 percent of the total amount as the number of
individuals age 5 through 17 from families with in-
390
HR 1 EAS
comes below the poverty line, in the geographic area
served by the agency, as determined by the Secretary
on the basis of the most recent satisfactory data, bears
to the number of those individuals in the geographic
areas served by all the local educational agencies in
the State, as so determined.
‘‘SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESS-
MENT.
‘‘(a) IN GENERAL.—To be eligible to receive a subgrant
under this subpart, a local educational agency shall submit
an application to the State educational agency at such
time, in such manner, and containing such information as
the State educational agency may reasonably require.
‘‘(b) CONTENTS.—Each application submitted under
this section shall be based on the needs assessment required
in subsection (c) and shall include the following:
‘‘(1)(A) A description of the activities to be car-
ried out by the local educational agency under this
subpart and how these activities will be aligned
with—
‘‘(i) State content standards, performance
standards, and assessments; and
‘‘(ii) the curricula and programs tied to the
standards described in clause (i).
391
HR 1 EAS
‘‘(B) A description of how the activities will be
based on a review of relevant research and an expla-
nation of why the activities are expected to improve
student performance and outcomes.
‘‘(2) A description of how the activities will have
a substantial, measurable, and positive impact on
student academic achievement and student perform-
ance and how the activities will be used as part of a
broader strategy to eliminate the achievement gap
that separates low-income and minority students from
other students.
‘‘(3) An assurance that the local educational
agency will target funds to schools served by the local
educational agency that—
‘‘(A) have the lowest proportions of highly
qualified teachers;
‘‘(B) are identified for school improvement
under section 1116(c); or
‘‘(C) are identified for school improvement
in accordance with other measures of school
quality as determined and documented by the
local educational agency.
‘‘(4) A description of how the local educational
agency will coordinate professional development ac-
tivities authorized under this subpart with profes-
392
HR 1 EAS
sional development activities provided under other
Federal, State, and local programs, including those
authorized under—
‘‘(A) title I, part C of this title, part A of
title III, and title IV; and
‘‘(B) where applicable, the Individuals with
Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998,
and title II of the Higher Education Act of 1965.
‘‘(5) A description of how the local educational
agency will ensure that the professional development
(including teacher mentoring) needs of teachers and
principals will be met using funds under this sub-
part.
‘‘(6) A description of the professional develop-
ment (including teacher mentoring) activities that
will be made available to teachers under this subpart.
‘‘(7) A description of how the local educational
agency, teachers, paraprofessionals, principals, other
relevant school personnel, and parents have collabo-
rated in the planning of activities to be carried out
under this subpart and in the preparation of the ap-
plication.
‘‘(8) A description of the results of the needs as-
sessment described in subsection (c).
393
HR 1 EAS
‘‘(9) A description of how the local educational
agency will address the ongoing professional develop-
ment (including teacher mentoring) needs of teachers,
principals, and administrators.
‘‘(10) A description of local performance objec-
tives established under section 2142(a)(2).
‘‘(11) A description of how the local educational
agency will provide training to enable teachers to—
‘‘(A) address the needs of students with dis-
abilities, students with limited English pro-
ficiency, and other students with special needs;
‘‘(B) involve parents in their child’s edu-
cation; and
‘‘(C) understand and use data and assess-
ments to improve classroom practice and student
learning.
‘‘(12) An assurance that the local educational
agency will comply with section 6 (regarding partici-
pation by private school children and teachers).
‘‘(c) NEEDS ASSESSMENT.—
‘‘(1) IN GENERAL.—To be eligible to receive a
subgrant under this subpart, a local educational
agency shall conduct an assessment of local needs for
professional development and hiring, as identified by
the local educational agency and school staff.
394
HR 1 EAS
‘‘(2) REQUIREMENTS.—Such needs assessment
shall be conducted with the involvement of teachers,
including teachers receiving assistance under part A
of title I, and shall take into account the activities
that need to be conducted in order to give teachers
and, where appropriate, administrators, the means,
including subject matter knowledge and teaching
skills, to provide students with the opportunity to
meet challenging State and local student performance
standards.
‘‘SEC. 2123. LOCAL USE OF FUNDS.
‘‘(a) SPECIAL RULE.—
‘‘(1) IN GENERAL.—A local educational agency
that receives a subgrant under section 2121 may use
the amount described in paragraph (2), of the funds
made available through the subgrant, to carry out ac-
tivities described in section 306 of the Department of
Education Appropriations Act, 2001 (as enacted into
law by section 1(a)(1) of Public Law 106–554).
‘‘(2) AMOUNT.—The amount referred to in para-
graph (1) is the amount received by the agency under
that section 306.
‘‘(b) LOCAL USE
OF FUNDS.—A local educational
agency that receives a subgrant under section 2121 shall
use the funds made available through the subgrant to carry
395
HR 1 EAS
out 1 or more of the following activities, including through
a grant or contract with a for-profit or nonprofit entity:
‘‘(1) Providing professional development activi-
ties that improve the knowledge of teachers and prin-
cipals concerning—
‘‘(A) 1 or more of the core academic subjects
that the teachers and principals teach;
‘‘(B) effective instructional strategies, meth-
ods, and skills for improving student academic
achievement and student performance, including
strategies to implement a year-round school
schedule that will allow the local educational
agency to increase pay for veteran teachers;
‘‘(C) effective use of State content standards,
student performance standards, and assessments
to improve instructional practices and improve
student achievement and student performance;
‘‘(D) effective integration of technology into
curricula and instruction to enhance the learn-
ing environment and improve student academic
achievement, performance, and technology lit-
eracy;
‘‘(E) ability to collect, manage, and analyze
data, including through use of technology, to in-
form teaching;
396
HR 1 EAS
‘‘(F) effective instructional practices that
involve collaborative groups of teachers and ad-
ministrators, using such strategies as—
‘‘(i) provision of dedicated time for col-
laborative lesson planning and curriculum
development meetings;
‘‘(ii) 
consultation 
with 
exemplary
teachers;
‘‘(iii) team teaching, peer observation,
and coaching;
‘‘(iv) provision of short-term and long-
term visits to classrooms and schools;
‘‘(v) establishment and maintenance of
local professional development networks that
provide a forum for interaction among
teachers and administrators about content
knowledge and teaching and leadership
skills; and
‘‘(vi) the provision of release time as
needed for the activities; and
‘‘(G) teacher advancement initiatives that
promote professional growth and emphasize mul-
tiple career paths (such as career teacher, mentor
teacher, and master teacher career paths) and
pay differentiation.
397
HR 1 EAS
‘‘(2) Teacher mentoring.
‘‘(3) Providing teachers, principals, and, in cases
in which a local education agency deems appropriate,
pupil services personnel with opportunities for profes-
sional development through institutions of higher edu-
cation, other for profit or nonprofit entities, and
through distance education.
‘‘(4) Providing induction and support for teach-
ers during their first 3 years of teaching.
‘‘(5) Recruiting (including recruiting through
the use of scholarships, signing bonuses, or other fi-
nancial incentives, as well as accelerated paraprofes-
sional-to-teacher training programs and programs
that attract mid-career professionals from other pro-
fessions), hiring, and training regular and special
education teachers (which may include hiring special
education teachers to team-teach in classrooms that
contain both children with disabilities and non-
disabled children, and may include recruiting and
hiring certified or licensed teachers to reduce class
size), and teachers of special needs children, who are
highly qualified as well as teaching specialists in core
academic subjects who will provide increased individ-
ualized instruction to students served by the local
398
HR 1 EAS
educational agency participating in the eligible part-
nership.
‘‘(6) Carrying out programs and activities re-
lated to—
‘‘(A) reform of teacher tenure systems;
‘‘(B) provision of merit pay for teachers;
and
‘‘(C) testing of elementary school and sec-
ondary school teachers in the academic subjects
that the teachers teach.
‘‘(7) Carrying out programs and activities re-
lated to master teachers:
‘‘(A) MASTER TEACHER.—The term ‘master
teacher’ means a teacher who—
‘‘(i) is licensed or credentialed under
State law in the subject or grade in which
the teacher teaches;
‘‘(ii) has been teaching for at least 5
years in a public or private school or insti-
tution of higher education;
‘‘(iii) is selected upon application, is
judged to be an excellent teacher, and is rec-
ommended by administrators and other
teachers who are knowledgeable of the indi-
vidual’s performance;
399
HR 1 EAS
‘‘(iv) at the time of submission of such
application, is teaching and based in a
public school;
‘‘(v) assists other teachers in improving
instructional strategies, improves the skills
of other teachers, performs mentoring, devel-
ops curriculum, and offers other profes-
sional development; and
‘‘(vi) enters into a contract with the
local educational agency to continue to
teach and serve as a master teacher for at
least 5 additional years.
A contract described in clause (vi) shall include
stipends, employee benefits, a description of du-
ties and work schedule, and other terms of em-
ployment.
‘‘(B) STUDY AND REPORT.—
‘‘(i) IN GENERAL.—Not later than July
1, 2005, the Secretary shall conduct a study
and transmit a report to Congress per-
taining to the utilization of funds under
section 2123 for master teachers.
‘‘(ii) CONTENTS OF REPORT.—The re-
port shall include—
‘‘(I) an analysis of—
400
HR 1 EAS
‘‘(aa) the recruitment and re-
tention of experienced teachers;
‘‘(bb) the effect of master
teachers on teaching by less expe-
rienced teachers;
‘‘(cc) the impact of men-
toring new teachers by master
teachers;
‘‘(dd) the impact of master
teachers on student achievement;
and
‘‘(ee) the reduction in the
rate of attrition of beginning
teachers; and
‘‘(II) recommendations regarding
establishing activities to expand the
project to additional local educational
agencies and school districts.
‘‘(8) Developing and implementing mechanisms
to assist schools in effectively recruiting and retaining
highly qualified teachers and principals, and, in cases
in which a local education agency deems appropriate,
pupil services personnel.
401
HR 1 EAS
‘‘Subpart 3—Subgrants to Eligible Partnerships
‘‘SEC. 2131. SUBGRANTS.
‘‘(a) IN GENERAL.—The State agency for higher edu-
cation for a State that receives a grant under section 2111,
working in conjunction with the State educational agency
(if such agencies are separate) shall use the funds reserved
under section 2113(a)(3) to make subgrants, on a competi-
tive basis, to eligible partnerships to enable such partner-
ships to carry out the activities described in section 2133.
‘‘(b) DISTRIBUTION.—The State agency for higher edu-
cation shall ensure that—
‘‘(1) such subgrants are equitably distributed by
geographic area within a State; or
‘‘(2) eligible partnerships in all geographic areas
within the State are served through the subgrants.
‘‘(c) SPECIAL RULE.—No single participant in an eli-
gible partnership may use more than 50 percent of the funds
made available to the partnership under this section.
‘‘SEC. 2132. APPLICATIONS.
‘‘To be eligible to receive a subgrant under this sub-
part, an eligible partnership shall submit an application
to the State agency for higher education at such time, in
such manner, and containing such information as the agen-
cy may require.
402
HR 1 EAS
‘‘SEC. 2133. USE OF FUNDS.
‘‘(a) IN GENERAL.—An eligible partnership that re-
ceives a subgrant under section 2131 shall use the funds
made available through the subgrant for—
‘‘(1) professional development activities in core
academic subjects to ensure that teachers, paraprofes-
sionals, and, if appropriate, principals have subject
matter knowledge in the academic subjects that the
teachers teach, including the use of computer related
technology to enhance student learning; and
‘‘(2) developing and providing assistance to local
educational agencies and individuals who are teach-
ers, paraprofessionals, or principals of schools served
by such agencies, for sustained, high-quality profes-
sional development activities that—
‘‘(A) ensure that the individuals are able to
use State content standards, performance stand-
ards, and assessments to improve instructional
practices and improve student academic achieve-
ment and student performance;
‘‘(B) may include intensive programs de-
signed to prepare such individuals who will re-
turn to a school to provide instruction related to
the professional development described in sub-
paragraph (A) to other such individuals within
such school; and
403
HR 1 EAS
‘‘(C) may include activities carried out
jointly with education councils and professional
development schools, involving partnerships de-
scribed in paragraphs (1) and (3) of subsection
(c), respectively, for the purpose of improving
teaching and learning at low-performing schools.
‘‘(b) COORDINATION.—An eligible partnership that re-
ceives a subgrant to carry out this subpart and a grant
under section 203 of the Higher Education Act of 1965 shall
coordinate the activities carried out under this subpart and
the activities carried out under that section 203.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) EDUCATION COUNCIL.—The term ‘education
council’ means a partnership that—
‘‘(A) is established between—
‘‘(i) 1 or more local educational agen-
cies, acting on behalf of elementary schools
or secondary schools served by the agencies;
and
‘‘(ii) 1 or more institutions of higher
education, including community colleges,
that meet the requirements applicable to the
institutions under title II of the Higher
Education Act of 1965 (20 U.S.C. 1021 et
seq.); and
404
HR 1 EAS
‘‘(B) provides professional development to
teachers to ensure that the teachers are prepared
and meet high standards for teaching, particu-
larly by educating and preparing prospective
teachers in a classroom setting and enhancing
the knowledge of in-service teachers while im-
proving the education of the classroom students.
‘‘(2) LOW-PERFORMING SCHOOL.—The term ‘low-
performing school’ means an elementary school or sec-
ondary school that is identified for school improve-
ment under section 1116(c).
‘‘(3) PROFESSIONAL
DEVELOPMENT
SCHOOL.—
The term ‘professional development school’ means a
partnership that—
‘‘(A) is established between—
‘‘(i) 1 or more local educational agen-
cies, acting on behalf of elementary schools
or secondary schools served by the agencies;
and
‘‘(ii) 1 or more institutions of higher
education, including community colleges,
that meet the requirements applicable to the
institutions under title II of the Higher
Education Act of 1965; and
405
HR 1 EAS
‘‘(B)(i) provides sustained and high quality
preservice clinical experience, including the men-
toring of prospective teachers by veteran teachers;
‘‘(ii) substantially increases interaction be-
tween faculty at institutions of higher education
described in subparagraph (A) and new and ex-
perienced teachers, principals, and other admin-
istrators at elementary schools or secondary
schools; and
‘‘(iii) provides support, including prepara-
tion time, for such interaction.
‘‘SEC. 2134. DEFINITION.
‘‘In this subpart, the term ‘eligible partnership’ means
an entity that—
‘‘(1) shall include—
‘‘(A) a private or State institution of higher
education and the division of the institution that
prepares teachers;
‘‘(B) a school of arts and sciences; and
‘‘(C) a high need local educational agency;
and
‘‘(2) may include another local educational agen-
cy, a public charter school, an elementary school or
secondary school, an educational service agency, a
nonprofit educational organization, another institu-
406
HR 1 EAS
tion of higher education, a school of arts and sciences
within such an institution, the division of such an in-
stitution that prepares teachers, a nonprofit cultural
organization, an entity carrying out a prekinder-
garten program, a teacher organization, or a business.
‘‘Subpart 4—Accountability
‘‘SEC. 2141. STATE PERFORMANCE OBJECTIVES AND AC-
COUNTABILITY.
‘‘(a) REQUIRED ACTIVITIES.—Each State educational
agency receiving a grant under this part shall establish for
the State annual measurable performance objectives, with
respect to teachers teaching in the State, that, at a
minimum—
‘‘(1) shall include an annual increase in the per-
centage of highly qualified teachers, to ensure that all
teachers teaching core academic subjects in public ele-
mentary schools and secondary schools, in which not
less than 50 percent of the students are from low-in-
come families, are highly qualified not later than the
end of the fourth year for which the State receives
funds under this part (as amended by the Better Edu-
cation for Students and Teachers Act);
‘‘(2) shall include an annual increase in the per-
centage of teachers who are receiving high-quality
407
HR 1 EAS
professional development (including teacher men-
toring); and
‘‘(3) may include incremental increases in teach-
er performance.
‘‘(b) RULE OF APPLICATION.—For purposes of deter-
mining whether teachers in a State meet the criteria speci-
fied in the performance objectives referred to in subsection
(a), the requirements of subsection (a) shall not apply to
teachers in charter schools in the State if the State has a
charter school law that exempts such teachers from State
certification and licensing requirements.
‘‘(c) REPORTS.—
‘‘(1) INITIAL REPORTS.—Not later than the end
of the fourth year for which the State receives funds
under this part (as amended by the Better Education
for Students and Teachers Act), each State edu-
cational agency receiving a grant under this part
shall prepare and submit to the Secretary an initial
report describing the State’s progress with respect to
the performance objectives described in this section.
‘‘(2) SUBSEQUENT REPORTS.—
‘‘(A) STATES SUBJECT TO SANCTIONS.—The
State educational agency for a State that has re-
ceived sanctions under subsection (d) shall annu-
ally prepare and submit to the Secretary a re-
408
HR 1 EAS
port describing such progress, until the State is
no longer subject to the sanctions.
‘‘(B) STATES
NOT
SUBJECT
TO
SANC-
TIONS.—A State educational agency that is not
required to submit annual reports under sub-
paragraph (A) shall periodically prepare and
submit to the Secretary a report describing such
progress, to ensure that the State is in compli-
ance with the requirements of this section.
‘‘(d) ACCOUNTABILITY.—
‘‘(1) REDUCTION OF FUNDS.—
‘‘(A) FOURTH YEAR.—If the Secretary de-
termines that the State educational agency has
failed to meet the performance objectives estab-
lished under subsection (a), and has failed to
make adequate yearly progress as described
under section 1111(b)(2), by the end of the fourth
year for which the State receives funds under
this part (as amended by the Better Education
for Students and Teachers Act), the Secretary
shall withhold 15 percent of the amount of funds
that the State may reserve for State administra-
tion under this part for the fifth year for which
the State receives such funds.
409
HR 1 EAS
‘‘(B) FIFTH OR SIXTH YEAR.—If the Sec-
retary determines that the State educational
agency has failed to meet the performance objec-
tives established under subsection (a), and has
failed to make adequate yearly progress as de-
scribed under section 1111(b)(2), by the end of
the fifth or sixth year for which the State re-
ceives funds under this part (as amended by the
Better Education for Students and Teachers
Act), the Secretary shall withhold 20 percent of
the amount of funds that the State may reserve
for State administration under this part for the
sixth or seventh year, respectively, for which the
State receives such funds.
‘‘(2) EXEMPTION.—After making a determina-
tion for a year under paragraph (1), the Secretary
may provide the State 1 additional year to meet the
performance objectives described in subsection (a) or
make such adequate yearly progress, before using a
sanction described in paragraph (1), if the State dem-
onstrates that exceptional or uncontrollable cir-
cumstances have occurred, such as—
‘‘(A) a natural disaster; or
‘‘(B) a situation in which—
410
HR 1 EAS
‘‘(i) a significant number of teachers
has resigned, with insufficient notice, from
employment with a local educational agency
in the State that has historically had dif-
ficulty recruiting and hiring teachers; and
‘‘(ii) the remaining local educational
agencies in the State, collectively, have met
the performance objectives described in sub-
section (a) and have made such adequate
yearly progress by the end of the year for
which the Secretary makes the determina-
tion.
‘‘SEC. 2142. LOCAL PERFORMANCE OBJECTIVES AND AC-
COUNTABILITY.
‘‘(a) REQUIRED ACTIVITIES.—
‘‘(1) ESTABLISHMENT BY STATE EDUCATIONAL
AGENCIES.—Each State educational agency receiving
a grant under this part shall establish for local edu-
cational agencies in the State annual measurable per-
formance objectives, with respect to teachers serving
the local educational agencies, that, at a minimum—
‘‘(A) shall include the increases described in
paragraphs (1) and (2) of section 2141(a); and
‘‘(B) may include the increases described in
section 2141(a)(3).
411
HR 1 EAS
‘‘(2) ESTABLISHMENT BY LOCAL EDUCATIONAL
AGENCIES.—Each local educational agency receiving
a subgrant under this part—
‘‘(A) shall establish for the local educational
agency an annual measurable performance objec-
tive for increasing teacher retention among
teachers in the first 3 years of their teaching ca-
reers; and
‘‘(B) may establish other annual measurable
performance objectives.
‘‘(b) REPORTS.—Each local educational agency receiv-
ing a subgrant under this part shall annually prepare and
submit to the State educational agency a report describing
the progress of the local educational agency toward achiev-
ing the purpose of this part and meeting the performance
objectives described in subsection (a).
‘‘(c) TECHNICAL ASSISTANCE.—If a State educational
agency determines that a local educational agency in the
State has failed to make substantial progress toward achiev-
ing the purpose and meeting the performance objectives de-
scribed in subsection (a) and has failed to make adequate
yearly progress as described under section 1111(b)(2) for
2 consecutive years for which the local educational agency
receives funds under this part (as amended by the Better
412
HR 1 EAS
Education for Students and Teachers Act), the State edu-
cational agency shall provide technical assistance—
‘‘(1) to the local educational agency; and
‘‘(2) if applicable, to schools served by the local
educational agency that need assistance to enable the
local educational agency to achieve the purpose and
meet the performance objectives.
‘‘(d) ACCOUNTABILITY.—If the State educational agen-
cy determines that the local educational agency has failed
to make substantial progress toward achieving the purpose
and meeting the performance objectives described in sub-
section (a), and has failed to make adequate yearly progress
as described under section 1111(b)(2), for 3 consecutive
years for which the local educational agency receives funds
under this part (as amended by the Better Education for
Students and Teachers Act), the State educational agency
shall—
‘‘(1) withhold the allocation described in section
2121(b) from the local educational agency for 2 fiscal
years; and
‘‘(2) use the funds to carry out programs to as-
sist the local educational agency to achieve the pur-
pose and meet the performance objectives
413
HR 1 EAS
‘‘SEC. 2143. GENERAL ACCOUNTING OFFICE STUDY.
‘‘Not later than January 1, 2005, the Comptroller Gen-
eral of the United States shall prepare and submit to Con-
gress a report setting forth information regarding—
‘‘(1) the progress of the States in achieving com-
pliance concerning increasing the percentage of highly
qualified teachers, for fiscal years 2001 through 2003,
so that, not later than the end of the fourth year for
which the States receive funds under this part (as
amended by the Better Education for Students and
Teachers Act), all teachers teaching core academic
subjects in public elementary schools or secondary
schools, in which not less than 50 percent of the stu-
dents are from low-income families, are highly quali-
fied;
‘‘(2) any significant obstacles that States face in
achieving that compliance, such as teacher shortages
in particular academic subjects, grade levels, or geo-
graphic areas, district-to-district pay differentials,
and particular provisions of collective bargaining
agreements; and
‘‘(3) the approximate percentage of Federal,
State, and local resources being expended to carry out
activities to provide professional development for
teachers, and recruit and retain highly qualified
teachers, especially in geographic areas and core aca-
414
HR 1 EAS
demic subjects in which a shortage of such teachers ex-
ists, so that, not later than the end of the fourth year
for which the States receive funds under this part (as
amended by the Better Education for Students and
Teachers Act), all teachers teaching core academic
subjects in public elementary schools or secondary
schools, in which not less than 50 percent of the stu-
dents qualify for free or reduced price lunches under
the school lunch program established under the Rich-
ard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.), are highly qualified.
‘‘Subpart 5—National Programs
‘‘SEC. 2151. NATIONAL PROGRAMS OF DEMONSTRATED EF-
FECTIVENESS.
‘‘(a) IN GENERAL.—The Secretary shall use funds
made available under section 2103(b) to carry out each of
the activities described in subsections (c) through (d).
‘‘(b) SCHOOL LEADERSHIP.—
‘‘(1) DEFINITIONS.—
‘‘(A) 
HIGH-NEED
LOCAL
EDUCATIONAL
AGENCY.—The term ‘high-need local educational
agency’ means a local educational agency for
which more than 30 percent of the students
served by the local educational agency are stu-
dents in poverty.
415
HR 1 EAS
‘‘(B) POVERTY
LINE.—The term ‘poverty
line’ means the income official 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 (42 U.S.C. 9902(2)) applicable to a family
of the size involved.
‘‘(C) STUDENT IN POVERTY.—The term ‘stu-
dent in poverty’ means a student from a family
with an income below the poverty line.
‘‘(2) PROGRAM.—The Secretary shall establish
and carry out a national principal recruitment pro-
gram.
‘‘(3) GRANTS.—
‘‘(A) IN
GENERAL.—In carrying out the
program, the Secretary shall make grants, on a
competitive basis, to high-need local educational
agencies that seek to recruit and train principals
(including assistant principals).
‘‘(B) USE OF FUNDS.—An agency that re-
ceives a grant under subparagraph (A) may use
the funds made available through the grant to
carry out principal recruitment and training ac-
tivities that may include—
416
HR 1 EAS
‘‘(i) providing stipends for master
principals who mentor new principals;
‘‘(ii) using funds innovatively to re-
cruit new principals, including recruiting
the principals by providing pay incentives
or bonuses;
‘‘(iii) developing career mentorship
and professional development ladders for
teachers who want to become principals;
and
‘‘(iv) developing incentives, and profes-
sional development and instructional lead-
ership training programs, to attract indi-
viduals from other fields, including business
and law, to serve as principals.
‘‘(C) APPLICATION AND PLAN.—To be eligi-
ble to receive a grant under this subsection, a
local educational agency shall submit an appli-
cation to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require. The application shall
include—
‘‘(i) a needs assessment concerning the
shortage of qualified principals in the school
district involved and an assessment of the
417
HR 1 EAS
potential for recruiting and retaining pro-
spective and aspiring leaders, including
teachers who are interested in becoming
principals; and
‘‘(ii) a comprehensive plan for recruit-
ment and training of principals, including
plans for mentorship programs, ongoing
professional development, and instructional
leadership training, for high-need schools
served by the agency.
‘‘(D) PRIORITY.—In making grants under
this subsection, the Secretary shall give priority
to local educational agencies that demonstrate
that the agencies will carry out the activities de-
scribed in subparagraph (B) in partnership with
nonprofit organizations and institutions of high-
er education.
‘‘(E) SUPPLEMENT NOT SUPPLANT.—Funds
appropriated to carry out this subsection shall be
used to supplement and not supplant other Fed-
eral, State, and local public funds expended to
provide principal recruitment and retention ac-
tivities.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
418
HR 1 EAS
this subsection $50,000,000 for fiscal year 2002 and
each subsequent fiscal year.
‘‘(c) 
ADVANCED
CERTIFICATION
OR
ADVANCED
CREDENTIALING.—
‘‘(1) IN GENERAL.—The Secretary shall support
activities to encourage and support teachers seeking
advanced certification or advanced credentialing
through high quality professional teacher enhance-
ment programs designed to improve teaching and
learning.
‘‘(2) IMPLEMENTATION.—In carrying out para-
graph (1), the Secretary shall make grants to the Na-
tional Board for Professional Teaching Standards,
State educational agencies, local educational agencies,
or other recognized entities, to promote outreach,
teacher recruitment, teacher subsidy, or teacher sup-
port programs related to teacher certification by the
National Board for Professional Teaching Standards
and other nationally recognized certification organi-
zations.
‘‘(d) TRANSITION TO TEACHING.—The Secretary shall
provide assistance for activities to support the development
and implementation of national or regional programs to—
‘‘(1) recruit, prepare, place, and support mid-ca-
reer professionals who have knowledge and experience
419
HR 1 EAS
that will help the professionals become highly quali-
fied teachers, through alternative routes to certifi-
cation, for high need local educational agencies; and
‘‘(2) help retain the professionals as classroom
teachers serving the local educational agencies for
more than 3 years.
‘‘(e) CAREERS TO CLASSROOMS.—
‘‘(1) PURPOSES.—The purposes of this subsection
are—
‘‘(A) to establish a program to recruit and
retain highly qualified mid-career professionals,
recent graduates from an institution of higher
education, and certain paraprofessionals, as
teachers in high need schools, including recruit-
ing teachers through alternative routes to certifi-
cation; and
‘‘(B) to encourage the development and ex-
pansion of alternative routes to certification
under State-approved programs that enable indi-
viduals to be eligible for teacher certification
within a reduced period of time, relying on the
experience, expertise, and academic qualifica-
tions of an individual, or other factors in lieu of
traditional course work in the field of education.
‘‘(2) DEFINITIONS.—In this subsection:
420
HR 1 EAS
‘‘(A) ELIGIBLE PARTICIPANT.—The term ‘el-
igible participant’ means—
‘‘(i) an individual with substantial,
demonstrable career experience and com-
petence in a field for which there is a sig-
nificant shortage of qualified teachers, such
as mathematics, natural science, technology,
engineering, and special education;
‘‘(ii) an individual who is a graduate
of an institution of higher education who—
‘‘(I) has graduated not later than
3 years before applying to an agency
or consortium to teach under this sub-
section;
‘‘(II) in the case of an individual
wishing to teach in a secondary school,
has completed an academic major (or
courses totaling an equivalent number
of credit hours) in the academic subject
that the individual will teach;
‘‘(III) has graduated in the top 50
percent of the individual’s under-
graduate or graduate class;
‘‘(IV) can demonstrate a high level
of competence through a high level of
421
HR 1 EAS
performance in the academic subject
that the individual will teach; and
‘‘(V) meets any additional aca-
demic or other standards or qualifica-
tions established by the State; or
‘‘(iii) a paraprofessional who—
‘‘(I) has been working as a para-
professional in an instructional role in
an elementary school or secondary
school for at least 2 years;
‘‘(II) can demonstrate that the
paraprofessional is capable of com-
pleting a bachelor’s degree in not more
than 2 years and is in the top 50 per-
cent of the individual’s undergraduate
class;
‘‘(III) will work toward comple-
tion of an academic major (or courses
totaling an equivalent number of credit
hours) in the academic subject that the
paraprofessional will teach; and
‘‘(IV) can demonstrate a high level
of competence through a high level of
performance in the academic subject
that the paraprofessional will teach.
422
HR 1 EAS
‘‘(B) HIGH
NEED
LOCAL
EDUCATIONAL
AGENCY.—The term ‘high need local educational
agency’ means a local educational agency that
serves—
‘‘(i) a high need school district; and
‘‘(ii) a high need school.
‘‘(C) HIGH NEED SCHOOL.—The term ‘high
need school’ means a school that—
‘‘(i)(I) is located in an area in which
the percentage of students from families
with incomes below the poverty line is 30
percent or more; or
‘‘(II) is located in an area, other than
a metropolitan statistical area, that the
State determines has a high percentage of
students from families with incomes below
the poverty line or that has experienced
greater than normal difficulty in recruiting
or retaining teachers; and
‘‘(ii) is located in an area in which
there is a high percentage of secondary
school teachers not teaching in the content
area in which teachers were trained to
teach, is within the top quartile of schools
statewide, as ranked by the number of un-
423
HR 1 EAS
filled, available teacher positions at the
schools, is located in an area in which there
is a high teacher turnover rate, or is located
in an area in which there is a high percent-
age of teachers who are not certified or li-
censed.
‘‘(D) HIGH NEED SCHOOL DISTRICT.—The
term ‘high need school district’ means a school
district in which there is—
‘‘(i)(I) a high need school; and
‘‘(II) a high percentage of individuals
from families with incomes below the pov-
erty line; and
‘‘(ii)(I) a high percentage of secondary
school teachers not teaching in the content
area in which the teachers were trained to
teach; or
‘‘(II) a high teacher turnover rate.
‘‘(E) POVERTY
LINE.—The term ‘poverty
line’ means the income official 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 (42 U.S.C. 9902(2)) applicable to a family
of the size involved.
424
HR 1 EAS
‘‘(3) GRANT PROGRAM.—
‘‘(A) IN GENERAL.—The Secretary shall es-
tablish a program to make grants on a competi-
tive basis to State educational agencies, regional
consortia of State educational agencies, high
need local educational agencies, and consortia of
high need local educational agencies, to develop
State and local teacher corps or other programs
to establish, expand, or enhance teacher recruit-
ment and retention efforts.
‘‘(B) PRIORITY.—In making such a grant,
the Secretary shall give priority to an agency or
consortium of agencies that applies for the grant
in collaboration with an institution of higher
education or a nonprofit organization that has a
proven record of effectively recruiting and re-
taining highly qualified teachers in high need
school districts.
‘‘(4) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to receive
a grant under this subsection, an agency or con-
sortium described in paragraph (3) shall submit
an application to the Secretary at such time, in
such manner, and containing such information
as the Secretary may require.
425
HR 1 EAS
‘‘(B) CONTENTS.—The application shall—
‘‘(i) describe how the agency or consor-
tium will use funds received under this sub-
section to develop a teacher corps or other
program to recruit and retain highly quali-
fied mid-career professionals, recent grad-
uates from an institution of higher edu-
cation, and paraprofessionals as teachers in
high need schools;
‘‘(ii) explain how the agency or consor-
tium will determine that teacher candidates
seeking to participate in a program under
this section are eligible participants;
‘‘(iii) explain how the program will
meet the relevant State laws (including reg-
ulations) related to teacher certification and
licensing;
‘‘(iv) explain how the agency or con-
sortium will ensure that no paraprofes-
sional will be hired through the program as
a teacher until the paraprofessional has ob-
tained a bachelor’s degree and meets the re-
quirements of subclauses (II) through (V) of
paragraph (2)(A)(ii);
426
HR 1 EAS
‘‘(v) include a determination of the
high need academic subjects in the jurisdic-
tion served by the agency or consortium and
how the agency or consortium will recruit
teachers for those subjects;
‘‘(vi) describe how the grant will in-
crease the number of highly qualified teach-
ers in high need schools in high need school
districts that are urban or rural school dis-
tricts;
‘‘(vii) describe how the agency or con-
sortium described in paragraph (3) has met
the requirements of subparagraph (C);
‘‘(viii) describe how the agency or con-
sortium will coordinate the activities car-
ried out with the funds with activities car-
ried out with other Federal, State, and local
funds for teacher recruitment and retention;
‘‘(ix) describe the plan of the agency or
consortium described in paragraph (3) to
recruit and retain highly qualified teachers
in the high need academic subjects and high
need schools and facilitate the certification
or licensing of such teachers; and
427
HR 1 EAS
‘‘(x) describe how the agency or consor-
tium described in paragraph (3) will meet
the requirements of paragraph (7)(A).
‘‘(C) COLLABORATION.—In developing the
application, the agency or consortium shall con-
sult with and seek input from—
‘‘(i) in the case of a partnership estab-
lished by a State educational agency or con-
sortium of such agencies, representatives of
local educational agencies, including teach-
ers, principals, superintendents, and school
board members (including representatives of
their professional organizations if appro-
priate);
‘‘(ii) in the case of a partnership estab-
lished by a local educational agency or a
consortium of such agencies, representatives
of a State educational agency;
‘‘(iii) elementary school and secondary
school teachers, including representatives of
their professional organizations;
‘‘(iv) institutions of higher education;
‘‘(v) parents; and
‘‘(vi) other interested individuals and
organizations, such as businesses, experts in
428
HR 1 EAS
curriculum development, and nonprofit or-
ganizations with a proven record of effec-
tively recruiting and retaining highly
qualified teachers in high need school dis-
tricts.
‘‘(5) DURATION OF GRANTS.—The Secretary may
make grants under this subsection for periods of 5
years. At the end of the 5-year period for such a
grant, the grant recipient may apply for an addi-
tional grant under this subsection.
‘‘(6) EQUITABLE DISTRIBUTION.—The Secretary
shall ensure an equitable geographic distribution of
grants among the regions of the United States.
‘‘(7) REQUIREMENTS.—
‘‘(A) TARGETING.—An agency or consor-
tium that receives a grant under this subsection
to carry out a program shall ensure that partici-
pants in the program recruited with funds made
available under this subsection are placed in
high need schools, within high need school dis-
tricts. In placing the participants in the schools,
the agency or consortium shall give priority to
the schools that are located in areas with the
highest percentage of students from families with
incomes below the poverty line.
429
HR 1 EAS
‘‘(B) SUPPLEMENT NOT SUPPLANT.—Funds
made available under this subsection shall be
used to supplement and not supplant State and
local public funds expended for teacher recruit-
ment and retention programs, including pro-
grams to recruit the teachers through alternative
routes to certification.
‘‘(C) 
PARTNERSHIPS
ESTABLISHED
BY
LOCAL EDUCATIONAL AGENCIES.—In the case of
a partnership established by a local educational
agency or a consortium of such agencies to carry
out a program under this section the local edu-
cational agency or consortium shall not be eligi-
ble to receive funds through a State program
under this section.
‘‘(8) USES OF FUNDS.—
‘‘(A) IN GENERAL.—An agency or consor-
tium that receives a grant under this subsection
shall use the funds made available through the
grant to develop a teacher corps or other pro-
gram in order to establish, expand, or enhance a
teacher recruitment and retention program for
highly qualified mid-career professionals, grad-
uates of institutions of higher education, and
paraprofessionals, who are eligible participants,
430
HR 1 EAS
including activities that provide alternative
routes to teacher certification.
‘‘(B) SPECIFIC ACTIVITIES.—The agency or
consortium shall use the funds to carry out a
teacher corps or other program that includes 2 or
more activities that consist of—
‘‘(i)(I) providing loans, scholarships,
stipends, bonuses, and other financial in-
centives, that are linked to participation in
activities that have proven effective in re-
taining teachers in higher need school dis-
tricts, to all eligible participants (in an
amount of not more than the lesser of
$5,000 per eligible participant) who—
‘‘(aa) are enrolled in a program
under this section located in a State;
and
‘‘(bb) agree to seek certification
through alternative routes to certifi-
cation in that State; and
‘‘(II) giving a preference, in awarding
the loans, scholarships, stipends, bonuses,
and other financial incentives, to individ-
uals who the State determines have finan-
cial need for such loans, scholarships, sti-
431
HR 1 EAS
pends, bonuses, and other financial incen-
tives;
‘‘(ii) making payments (in an amount
of not more than $5,000 per eligible partici-
pant) to schools to pay for costs associated
with accepting teachers recruited under this
subsection from among eligible participants
or to provide financial incentives to pro-
spective teachers who are eligible partici-
pants;
‘‘(iii) providing mentoring;
‘‘(iv) providing internships;
‘‘(v) carrying out co-teaching arrange-
ments;
‘‘(vi) providing high quality, sustained
in-service professional development opportu-
nities;
‘‘(vii) offering opportunities for teacher
candidates to participate in preservice, high
quality course work;
‘‘(viii) collaboration with institutions
of higher education in developing and im-
plementing programs to facilitate teacher
recruitment 
(including 
teacher
432
HR 1 EAS
credentialing) and teacher retention pro-
grams;
‘‘(ix) providing accelerated paraprofes-
sional-to-teacher programs that provide a
paraprofessional with sufficient training
and development to enable the paraprofes-
sional to complete a bachelor’s degree and
fulfill other State certification or licensing
requirements and that provide full pay and
leave from paraprofessional duties for the
period necessary to complete the degree and
become certified or licensed; and
‘‘(x) carrying out other programs,
projects, and activities that—
‘‘(I) are designed and have proven
to be effective in recruiting and retain-
ing teachers; and
‘‘(II) the Secretary determines to
be appropriate.
‘‘(C) DEVELOPMENT
OF
LONG-TERM
RE-
CRUITMENT
AND
RETENTION
STRATEGIES.—In
addition to the activities authorized under sub-
paragraph (B), an agency or consortium that re-
ceives a grant under this subsection may use the
funds made available through the grant for—
433
HR 1 EAS
‘‘(i) the establishment and operation,
or expansion and improvement, of a state-
wide or regionwide clearinghouse for the re-
cruitment and placement of preschool, ele-
mentary school, secondary school, and voca-
tional and technical school teachers (which
shall not be subject to the targeting require-
ments under paragraph (7)(A));
‘‘(ii) the establishment of administra-
tive structures necessary for the development
and implementation of programs to provide
alternative routes to certification;
‘‘(iii) the development of reciprocity
agreements between or among States for the
certification or licensure of teachers; and
‘‘(iv) the implementation of other ac-
tivities designed to ensure the use of long-
term teacher recruitment and retention
strategies.
‘‘(D) EFFECTIVE ACTIVITIES.—The agency
or consortium shall use the funds only for activi-
ties that have proven effective in both recruiting
and retaining teachers.
‘‘(9) REPAYMENT.—The recipient of a loan
under this subsection shall immediately repay
434
HR 1 EAS
amounts received under such loan, and the recipient
of a scholarship, stipend, bonus, or other financial in-
centive under this subsection shall repay amounts re-
ceived under such scholarship, stipend, bonus, or other
financial incentive, to the agency or consortium from
which the loan, scholarship, stipend, bonus, or other
financial incentive was received if—
‘‘(A) the recipient involved fails to complete
the applicable program providing alternative
routes to certification;
‘‘(B) the recipient rejects a bona fide offer
of employment at a high need school served by
that agency or consortium during the 1-year pe-
riod beginning on the date on which the recipi-
ent completes such a program; or
‘‘(C) the recipient fails to teach for at least
2 years in a high need school served by that
agency or consortium during the 5-year period
beginning on the date on which the individual
completes such a program.
‘‘(10) ADMINISTRATIVE
FUNDS.—No agency or
consortium that receives a grant under this subsection
shall use more than 5 percent of the funds made
available through the grant for the administration of
435
HR 1 EAS
a program under this section carried out under the
grant.
‘‘(11) EVALUATION
AND
ACCOUNTABILITY
FOR
RECRUITING AND RETAINING TEACHERS.—
‘‘(A) EVALUATION.—Each agency or consor-
tium that receives a grant under this subsection
shall conduct—
‘‘(i) an interim evaluation of the pro-
gram funded under the grant at the end of
the third year of the grant period; and
‘‘(ii) a final evaluation of the program
at the end of the fifth year of the grant pe-
riod.
‘‘(B) CONTENTS.—In conducting the evalua-
tion, the agency or consortium shall describe the
extent to which local educational agencies that
received funds through the grant have met those
goals relating to teacher recruitment and reten-
tion described in the application.
‘‘(C) REPORTS.—The agency or consortium
shall prepare and submit to the Secretary and to
Congress interim and final reports containing
the results of the interim and final evaluations,
respectively.
436
HR 1 EAS
‘‘(D) REVOCATION.—If the Secretary deter-
mines that the recipient of a grant under this
subsection has not made substantial progress in
meeting the goals and objectives of the grant by
the end of the third year of the grant period, the
Secretary—
‘‘(i) shall revoke the payment made for
the fourth year of the grant period; and
‘‘(ii) shall not make a payment for the
fifth year of the grant period.
‘‘(12) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $200,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 6 suc-
ceeding fiscal years.
‘‘(f) NATIONAL TEACHER RECRUITMENT CAMPAIGN.—
‘‘(1) GRANT.—The Secretary shall award a
grant, on a competitive basis, to a single national co-
alition of teacher and media organizations, including
the National Teacher Recruitment Clearinghouse, to
enable such organizations to jointly conduct a na-
tional public service campaign as described in para-
graph (2).
‘‘(2) USE OF FUNDS.—A coalition that receives
a grant under paragraph (1) shall use amounts made
437
HR 1 EAS
available under the grant to conduct a national pub-
lic service campaign concerning the resources for and
routes to entering the field of teaching. In conducting
the campaign, the coalition shall focus on providing
information both to a national audience and in spe-
cific media markets, and shall specifically expand on,
promote, and link the coalition’s outreach efforts to,
the information referral activities and resources of the
National Teacher Recruitment Clearinghouse.
‘‘(3) APPLICATION.—To be eligible to receive a
grant under this subsection, a coalition shall prepare
and submit to the Secretary an application at such
time, in such manner, and containing such informa-
tion as the Secretary may require.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection $3,000,000 for fiscal year 2002 and
each of the 6 succeeding fiscal years.
‘‘PART B—MATHEMATICS AND SCIENCE
PARTNERSHIPS
‘‘SEC. 2201. PURPOSE.
‘‘The purpose of this part is to improve the perform-
ance of students in the areas of mathematics and science
by encouraging States, institutions of higher education, ele-
438
HR 1 EAS
mentary schools, and secondary schools to participate in
programs that—
‘‘(1) upgrade the status and stature of mathe-
matics and science teaching by encouraging institu-
tions of higher education to assume greater responsi-
bility for improving mathematics and science teacher
education through the establishment of a comprehen-
sive, integrated system of recruiting and advising
such teachers;
‘‘(2) focus on education of mathematics and
science teachers as a career-long process that should
continuously stimulate teachers’ intellectual growth
and upgrade teachers’ knowledge and skills;
‘‘(3) bring mathematics and science teachers in
elementary schools and secondary schools together
with scientists, mathematicians, and engineers to in-
crease the subject matter knowledge and improve the
teaching skills of teachers through the use of more so-
phisticated laboratory equipment and space, com-
puting facilities, libraries, and other resources that
institutions of higher education are better able to pro-
vide than the schools;
‘‘(4) develop more rigorous mathematics and
science curricula that are aligned with State and
local standards and with the standards expected for
439
HR 1 EAS
postsecondary study in engineering, mathematics and
science, respectively; and
‘‘(5) improve and expand training of math and
science teachers, including in the effective integration
of technology into curricula and instruction.
‘‘SEC. 2202. DEFINITIONS.
‘‘In this part:
‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eligi-
ble partnership’ means a partnership that—
‘‘(A) shall include—
‘‘(i) a State educational agency;
‘‘(ii) an engineering, mathematics or
science department of an institution of
higher education; and
‘‘(iii) a local educational agency; and
‘‘(B) may include—
‘‘(i) another engineering, mathematics,
science, or teacher training department of
an institution of higher education;
‘‘(ii) another local educational agency,
or an elementary school or secondary school;
‘‘(iii) a business; or
‘‘(iv) a nonprofit organization of dem-
onstrated effectiveness, including a museum
or high-impact public coalition composed of
440
HR 1 EAS
leaders from business, kindergarten through
grade 12 education, institutions of higher
education, and public policy organizations.
‘‘(2) HIGH
NEED
LOCAL
EDUCATIONAL
AGEN-
CY.—The term ‘high need local educational agency’
has the meaning given the term in section 201(b) of
the Higher Education Act of 1965.
‘‘(3) SUMMER WORKSHOP OR INSTITUTE.— The
term ‘summer workshop or institute’ means a work-
shop or institute, conducted during the summer,
that—
‘‘(A) is conducted during a period of not
less than 2 weeks;
‘‘(B) provides for a program that provides
direct interaction between students and faculty;
and
‘‘(C) provides for followup training during
the academic year that—
‘‘(i) except as provided in clause (ii) or
(iii), shall be conducted in the classroom for
a period of not less than 3 days, which may
or may not be consecutive;
‘‘(ii) if the program described in sub-
paragraph (B) is for a period of not more
441
HR 1 EAS
than 2 weeks, shall be conducted for a pe-
riod of more than 3 days; or
‘‘(iii) if the program is for teachers in
rural school districts, may be conducted
through distance education.
‘‘Subpart 1—Grants to Partnerships
‘‘SEC. 2211. GRANTS AUTHORIZED.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants, on a competitive basis, to eligible partner-
ships to enable the eligible partnerships to pay the Federal
share of the costs of carrying out the authorized activities
described in section 2213.
‘‘(b) DURATION.—The Secretary shall award grants
under this section for a period of 5 years.
‘‘(c) FEDERAL SHARE.—
‘‘(1) IN
GENERAL.—The Federal share of the
costs of the activities assisted under this subpart shall
be—
‘‘(A) 75 percent of the costs for the first
year an eligible partnership receives a grant
payment under this subpart;
‘‘(B) 65 percent of the costs for the second
such year; and
‘‘(C) 50 percent of the costs for each of the
third, fourth, and fifth such years.
442
HR 1 EAS
‘‘(2) NON-FEDERAL
SHARE.—The non-Federal
share of the costs may be provided in cash or in kind,
fairly evaluated.
‘‘(d) PRIORITY.—In awarding grants under this sub-
part the Secretary shall give priority to partnerships that
include high need local educational agencies or a consor-
tium of local educational agencies that include a high need
local education agency.
‘‘SEC. 2212. APPLICATION REQUIREMENTS.
‘‘(a) IN GENERAL.—Each eligible partnership desiring
a grant under this subpart shall submit an application to
the Secretary at such time, in such manner, and accom-
panied by such information as the Secretary may require.
‘‘(b) 
CONTENTS.—Each 
such 
application 
shall
include—
‘‘(1) the results of a comprehensive assessment of
the teacher quality and professional development
needs of all the schools and agencies participating in
the eligible partnership with respect to the teaching
and learning of mathematics and science, and such
assessment may include, but not be limited to, data
that accurately represents—
‘‘(A) the participation of students in ad-
vanced courses in mathematics and science,
443
HR 1 EAS
‘‘(B) the percentages of secondary school
classes in mathematics and science taught by
teachers with academic majors in mathematics
and science, respectively,
‘‘(C) the number and percentage of mathe-
matics and science teachers who participate in
content-based professional development activities,
and
‘‘(D) the extent to which elementary teach-
ers have the necessary content knowledge to teach
mathematics and science;
‘‘(2) a description of how the activities to be car-
ried out by the eligible partnership will be aligned
with State and local standards and with other edu-
cational reform activities that promote student
achievement in mathematics and science;
‘‘(3) a description of how the activities to be car-
ried out by the eligible partnership will be based on
a review of relevant research, and an explanation of
why the activities are expected to improve student
performance and to strengthen the quality of mathe-
matics and science instruction;
‘‘(4) a description of—
444
HR 1 EAS
‘‘(A) how the eligible partnership will carry
out the authorized activities described in section
2213; and
‘‘(B) the eligible partnership’s evaluation
and accountability plan described in section
2214; and
‘‘(5) a description of how the State educational
agency and local educational agency in the eligible
partnership will comply with section 6 (regarding
participation by private school children and teach-
ers).
‘‘SEC. 2213. AUTHORIZED ACTIVITIES.
‘‘An eligible partnership shall use the grant funds pro-
vided under this subpart for 1 or more of the following ac-
tivities related to elementary schools or secondary schools:
‘‘(1) Developing or redesigning more rigorous
mathematics and science curricula that are aligned
with State and local standards and with the stand-
ards expected for postsecondary study in mathematics
and science, respectively.
‘‘(2) Creating opportunities for enhanced and
ongoing professional development that improves the
subject matter knowledge of mathematics and science
teachers.
445
HR 1 EAS
‘‘(3) Recruiting mathematics and science majors
to teaching through the use of—
‘‘(A) recruiting individuals with dem-
onstrated professional experience in mathematics
or science through the use of signing incentives
and performance incentives for mathematics and
science teachers as long as those incentives are
linked to activities proven effective in retaining
teachers;
‘‘(B) stipends to mathematics teachers and
science teachers for certification through alter-
native routes;
‘‘(C) scholarships for teachers to pursue ad-
vanced course work in mathematics or science;
and
‘‘(D) carrying out any other program that
the State believes to be effective in recruiting into
and retaining individuals with strong mathe-
matics or science backgrounds in the teaching
field.
‘‘(4) Promoting strong teaching skills for mathe-
matics and science teachers and teacher educators, in-
cluding integrating reliable scientifically based re-
search teaching methods and technology-based teach-
ing methods into the curriculum.
446
HR 1 EAS
‘‘(5) Establishing mathematics and science sum-
mer workshops or institutes (including followup
training) for teachers, using curricula that are exper-
iment-oriented, content-based, and grounded in re-
search that is current as of the date of the workshop
or institute involved.
‘‘(6) Establishing distance learning programs for
mathematics and science teachers using curricula that
are innovative, content-based, and grounded in re-
search that is current as of the date of the program
involved.
‘‘(7) Designing programs to prepare a teacher at
a school to provide professional development to other
teachers at the school and to assist novice teachers at
such school, including (if applicable) a mechanism to
integrate experiences from a summer workshop or in-
stitute.
‘‘(8) Designing programs to bring teachers into
contact with working engineers and scientists.
‘‘(9) Designing programs to identify and develop
mathematics and science master teachers in the kin-
dergarten through grade 8 classrooms.
‘‘(10) Performing a statewide systemic needs as-
sessment of mathematics, science, and technology edu-
cation, analyzing the assessment, developing a stra-
447
HR 1 EAS
tegic plan based on the assessment and its analysis,
and engaging in activities to implement the strategic
plan consistent with the authorized activities in this
section.
‘‘(11) Establishing a mastery incentive system
for elementary school or secondary school mathematics
or science teachers under which—
‘‘(A) experienced mathematics or science
teachers who are licensed or certified to teach in
the State demonstrate their mathematics or
science 
knowledge 
and 
teaching 
expertise,
through objective means such as an advanced ex-
amination or professional evaluation of teaching
performance and classroom skill including a pro-
fessional video;
‘‘(B) incentives shall be awarded to teachers
making the demonstration described in subpara-
graph (A);
‘‘(C) priority for such incentives shall be
provided to teachers who teach in high need and
local educational agencies; and
‘‘(D) the partnership shall devise a plan to
ensure that recipients of incentives under this
paragraph remain in the teaching profession.
448
HR 1 EAS
‘‘(12) Training teachers and developing pro-
grams to encourage girls and young women to pursue
postsecondary degrees and careers in mathematics
and science, including engineering and technology.
‘‘SEC. 2214. EVALUATION AND ACCOUNTABILITY PLAN.
‘‘Each eligible partnership receiving a grant under
this subpart shall develop an evaluation and accountability
plan for activities assisted under this subpart that includes
strong performance objectives. The plan shall include objec-
tives and measures for—
‘‘(1) improved student performance on State
mathematics and science assessments or the Third
International Math and Science Study assessment;
‘‘(2) increased participation by students in ad-
vanced courses in mathematics and science;
‘‘(3) increased percentages of secondary school
classes in mathematics and science taught by teachers
with academic majors in mathematics and science, re-
spectively; and
‘‘(4) increased numbers of mathematics and
science teachers who participate in content-based pro-
fessional development activities.
‘‘SEC. 2215. REPORT; REVOCATION OF GRANT.
‘‘(a) REPORT.—Each eligible partnership receiving a
grant under this subpart annually shall report to the Sec-
449
HR 1 EAS
retary regarding the eligible partnership’s progress in meet-
ing the performance objectives described in section 2214.
‘‘(b) REVOCATION.—If the Secretary determines that
an eligible partnership is not making substantial progress
in meeting the performance objectives described in section
2214 by the end of the third year of a grant under this
subpart, the grant payments shall not be made for the
fourth and fifth year of the grant.
‘‘Subpart 2—Eisenhower Clearinghouse for
Mathematics and Science Education
‘‘SEC. 2221. CLEARINGHOUSE.
‘‘(a) GRANT OR CONTRACT.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Director of the National Science Foun-
dation, may award a grant or contract to an entity
to continue the operation of the Eisenhower National
Clearinghouse for Mathematics and Science Edu-
cation (referred to in this section as the ‘Clearing-
house’). The Secretary shall award the grant or con-
tract on a competitive basis, on the basis of merit.
‘‘(2) DURATION.—The grant or contract awarded
under paragraph (1) shall be awarded for a period of
5 years.
‘‘(b) CLEARINGHOUSE.—
450
HR 1 EAS
‘‘(1) USE OF FUNDS.—An entity that receives a
grant or contract under subsection (a) shall use the
funds made available through the grant or contract
to—
‘‘(A) maintain a permanent repository of
mathematics and science education instructional
materials and programs for elementary schools
and secondary schools, including middle schools;
‘‘(B) compile information on all mathe-
matics and science education programs adminis-
tered by each Federal agency or department;
‘‘(C) disseminate instructional materials,
programs, and information to the public and
dissemination networks, including information
on model engineering, science, technology, and
mathematics teacher mentoring programs;
‘‘(D) coordinate activities with entities op-
erating identifiable databases containing mathe-
matics and science instructional materials and
programs, including Federal, non-Federal, and,
where feasible, international, databases;
‘‘(E) gather qualitative and evaluative data
on submissions to the Clearinghouse;
‘‘(F)(i) solicit and gather (in consultation
with the Department, national teacher associa-
451
HR 1 EAS
tions, professional associations, and other review-
ers and developers of instructional materials and
programs) qualitative and evaluative materials
and programs, including full text and graphics,
for the Clearinghouse;
‘‘(ii) review the evaluation of the materials
and programs, and rank the effectiveness of the
materials and programs on the basis of the eval-
uations, except that nothing in this subpara-
graph shall be construed to permit the Clearing-
house to directly conduct an evaluation of the
materials or programs; and
‘‘(iii) distribute to teachers, in an easily ac-
cessible manner, the results of the reviews (in a
short, standardized, and electronic format that
contains electronic links to an electronic version
of the qualitative and evaluative materials and
programs described in clause (i)), excerpts of the
materials and programs, links to Internet-based
sites, and information regarding on-line commu-
nities of persons who use the materials and pro-
grams; and
‘‘(G) develop and establish an Internet-
based site offering a search mechanism to assist
site visitors in identifying information available
452
HR 1 EAS
through 
the 
Clearinghouse 
on 
engineering,
science, technology, and mathematics education
instructional materials and programs, including
electronic links to information on classroom
demonstrations and experiments, to teachers who
have used materials or participated in programs,
to vendors, to curricula, and to textbooks.
‘‘(2) SUBMISSION
TO
CLEARINGHOUSE.—Each
Federal agency or department that develops mathe-
matics or science education instructional materials or
programs, including the National Science Foundation
and the Department, shall submit to the Clearing-
house copies of such materials or programs.
‘‘(3) STEERING
COMMITTEE.—The Secretary
may appoint a steering committee to recommend poli-
cies and activities for the Clearinghouse.
‘‘(4) APPLICATION OF COPYRIGHT LAWS.—Noth-
ing in this section shall be construed to allow the use
or copying, in any medium, of any material collected
by the Clearinghouse that is protected under the copy-
right laws of the United States unless the Clearing-
house obtains the permission of the owner of the copy-
right. The Clearinghouse, in carrying out this sub-
section, shall ensure compliance with title 17, United
States Code.
453
HR 1 EAS
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant or contract under subsection (a) to operate the
Clearinghouse, an entity shall submit an application
to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary
may reasonably require.
‘‘(2) PEER REVIEW.—The Secretary shall estab-
lish a peer review process to review the applications
and select the recipient of the award under subsection
(a).
‘‘(d) DISSEMINATION
OF INFORMATION.—The Sec-
retary shall disseminate information concerning the grant
or contract awarded under this section to State educational
agencies, local educational agencies, and institutions of
higher education. The information disseminated shall in-
clude examples of exemplary national programs in mathe-
matics and science instruction and information on nec-
essary technical assistance for the establishment of similar
programs.
‘‘(e) REPORT.—Not later than 2 years after the date
of enactment of the Better Education for Students and
Teachers Act, the National Academy of Sciences, in con-
junction with appropriate related associations and organi-
zations, shall—
454
HR 1 EAS
‘‘(1) conduct a study on the Clearinghouse to
evaluate the effectiveness of the Clearinghouse in con-
ducting the activities described in subsection (b)(1);
and
‘‘(2) submit to Congress a report on the results
of the study, including any recommendations of the
Academy regarding the Clearinghouse.
‘‘Subpart 3—Preparing Tomorrow’s Teachers To Use
Technology
‘‘SEC. 2231. PURPOSE; PROGRAM AUTHORITY.
‘‘(a) PURPOSE.—It is the purpose of this subpart to
assist consortia of public and private entities in carrying
out programs that prepare prospective teachers to use ad-
vanced technology to foster learning environments condu-
cive to preparing all students to meet challenging State and
local content and student performance standards, and to
improve the ability of institutions of higher education to
carry out such programs.
‘‘(b) PROGRAM AUTHORITY.—
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Director of the Office of Educational
Technology, is authorized to award grants, contracts,
or cooperative agreements on a competitive basis to
eligible applicants in order to pay for the Federal
share of the cost of assisting applicants in carrying
455
HR 1 EAS
out projects to develop or redesign teacher preparation
programs to enable prospective teachers to use ad-
vanced technology effectively in their classrooms.
‘‘(2) PERIOD OF AWARDS.—The Secretary may
award grants, contracts, or cooperative agreements
under this subpart for a period of not more than 5
years.
‘‘SEC. 2232. ELIGIBILITY.
‘‘(a) ELIGIBLE APPLICANTS.—In order to receive an
award under this subpart, an applicant shall be a consor-
tium that includes—
‘‘(1) at least 1 institution of higher education
that offers a baccalaureate degree and prepares teach-
ers for their initial entry into teaching;
‘‘(2) at least 1 State educational agency or local
educational agency; and
‘‘(3) 1 or more entities consisting of—
‘‘(A) an institution of higher education
(other than the institution described in para-
graph (1));
‘‘(B) a school or department of education at
an institution of higher education;
‘‘(C) a school or college of arts and sciences
at an institution of higher education;
456
HR 1 EAS
‘‘(D) a professional association, foundation,
museum, library, for-profit business, public or
private nonprofit organization, community-based
organization, or other entity, with the capacity
to contribute to the technology-related reform of
teacher preparation programs.
‘‘(b) APPLICATION REQUIREMENTS.—In order to re-
ceive an award under this subpart, an eligible applicant
shall submit an application to the Secretary at such time,
in such manner, and containing such information as the
Secretary may require. Such application shall include—
‘‘(1) a description of the proposed project, in-
cluding how the project would both ensure that indi-
viduals participating in the project would be pre-
pared to use advanced technology to create learning
environments conducive to preparing all students, in-
cluding girls and students who have economic and
educational disadvantages, to meet challenging State
and local content and student performance standards
and to improve the ability of at least 1 participating
institution of higher education as described in section
2232(a)(1) to ensure such preparation;
‘‘(2) a demonstration of—
457
HR 1 EAS
‘‘(A) the commitment, including the finan-
cial commitment, of each of the members of the
consortium for the proposed project; and
‘‘(B) the active support of the leadership of
each organization that is a member of the con-
sortium for the proposed project;
‘‘(3) a description of how each member of the
consortium will be included in project activities;
‘‘(4) a description of how the proposed project
will be continued after Federal funds are no longer
awarded under this subpart; and
‘‘(5) a plan for the evaluation of the project,
which shall include benchmarks to monitor progress
toward specific project objectives.
‘‘(c) MATCHING REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Federal share of the cost
of any project funded under this subpart shall not ex-
ceed 50 percent. Except as provided in paragraph (2),
the non-Federal share of the cost of such project may
be provided in cash or in kind, fairly evaluated, in-
cluding services.
‘‘(2) ACQUISITION
OF
EQUIPMENT.—Not more
than 10 percent of the funds awarded for a project
under this subpart may be used to acquire equipment,
networking capabilities, or infrastructure, and the
458
HR 1 EAS
non-Federal share of the cost of any such acquisition
shall be provided in cash.
‘‘SEC. 2233. USE OF FUNDS.
‘‘(a) REQUIRED USES.—A recipient of an award
under this subpart shall use funds made available under
this subpart for—
‘‘(1) a project that creates programs that enable
prospective teachers to use advanced technology to cre-
ate learning environments conducive to preparing all
students, including girls and students who have eco-
nomic and educational disadvantages, to meet chal-
lenging State and local content and student perform-
ance standards; and
‘‘(2) evaluating the effectiveness of the project.
‘‘(b) PERMISSIBLE USES.—The recipient may use
funds made available under this subpart for activities, de-
scribed in the application submitted by the recipient under
this subpart, that carry out the purpose of this subpart,
such as—
‘‘(1) developing and implementing high-quality
teacher preparation programs that enable educators
to—
‘‘(A) learn the full range of resources that
can be accessed through the use of technology;
459
HR 1 EAS
‘‘(B) integrate a variety of technologies into
the curricula and instruction in order to expand
students’ knowledge;
‘‘(C) evaluate educational technologies and
their potential for use in instruction;
‘‘(D) help students develop their technical
skills; and
‘‘(E) use technology to collect, manage and
analyze data to inform their teaching and deci-
sion-making;
‘‘(2) developing alternative teacher development
paths that provide elementary schools and secondary
schools with well-prepared, technology-proficient edu-
cators;
‘‘(3) developing performance-based standards
and assessments aligned with the standards to meas-
ure the capacity of prospective teachers to use tech-
nology effectively in their classrooms;
‘‘(4) providing technical assistance to entities
carrying out other teacher preparation programs;
‘‘(5) developing and disseminating resources and
information in order to assist institutions of higher
education to prepare teachers to use technology effec-
tively in their classrooms; and
460
HR 1 EAS
‘‘(6) subject to section 2232(c)(2), acquiring tech-
nology equipment, networking capabilities, infrastruc-
ture and software and digital curriculum to carry out
the project.
‘‘Subpart 4—General Provisions
‘‘SEC. 2241. CONSULTATION WITH NATIONAL SCIENCE
FOUNDATION.
‘‘In carrying out the activities authorized by this part,
the Secretary shall consult and coordinate activities with
the Director of the National Science Foundation, particu-
larly with respect to the appropriate roles for the Depart-
ment and the Foundation in the conduct of summer work-
shops or institutes provided by the eligible partnerships to
improve mathematics and science teaching in elementary
schools and secondary schools.
‘‘SEC. 2242. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) GRANTS.—There are authorized to be appro-
priated to carry out subpart 1 $900,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
6 succeeding fiscal years.
‘‘(b) CLEARINGHOUSE.—There are authorized to be ap-
propriated to carry out subpart 2 $5,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
6 succeeding fiscal years.
461
HR 1 EAS
‘‘(c) TECHNOLOGY PREPARATION.—There are author-
ized to be appropriated to carry out subpart 3 $150,000,000
for fiscal year 2002 and such sums as may be necessary
for each of the 6 succeeding fiscal years.
‘‘PART C—STATE AND LOCAL PROGRAMS FOR
TECHNOLOGY USE IN CLASSROOMS
‘‘SEC. 2301. PURPOSE; GOAL.
‘‘(a) PURPOSE.—The purpose of this part is to support
a comprehensive system to effectively use technology in ele-
mentary and secondary schools to improve student aca-
demic achievement and performance.
‘‘(b) GOAL.—A goal of this part shall also be to assist
every student in crossing the digital divide by ensuring that
every child is technologically literate by the time the child
finishes the 8th grade, regardless of the child’s race, eth-
nicity, gender, income, geography, or disability. It shall be
a further goal of this part to encourage the effective integra-
tion of technology resources and systems with teacher train-
ing and curriculum development to establish research-based
methods that can be widely implemented into best practices
by State and local educational agencies.
‘‘SEC. 2302. DEFINITIONS.
‘‘In this part:
‘‘(1) ADULT EDUCATION.—The term ‘adult edu-
cation’ has the meaning given the term in section
462
HR 1 EAS
312(2) of the Adult Education Act (20 U.S.C.
1201a(2)).
‘‘(2) ALL
STUDENTS.—The term ‘all students’
means students from a broad range of backgrounds
and circumstances, including disadvantaged students,
students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with
limited English proficiency, and academically tal-
ented students.
‘‘(3) CHILD IN POVERTY.—The term ‘child in
poverty’ means a child from a family with a family
income below the poverty line (as defined in section
2102).
‘‘(4) INFORMATION INFRASTRUCTURE.—The term
‘information infrastructure’ means a network of com-
munication systems designed to exchange information
among all citizens and residents of the United States.
‘‘(5) INTEROPERABLE; INTEROPERABILITY.—The
terms ‘interoperable’ and ‘interoperability’ mean the
ability to exchange data easily with, and connect to,
other hardware and software in order to provide the
greatest accessibility for all students and other users.
‘‘(6) PUBLIC
TELECOMMUNICATIONS
ENTITY.—
The term ‘public telecommunications entity’ has the
463
HR 1 EAS
meaning given the term in section 397(12) of the
Communications Act of 1934 (47 U.S.C. 397(12)).
‘‘(7) STATE
EDUCATIONAL
AGENCY.—The term
‘State educational agency’ includes the Bureau of In-
dian Affairs for purposes of serving schools funded by
the Bureau of Indian Affairs in accordance with this
part.
‘‘(8) STATE
LIBRARY
ADMINISTRATIVE
AGEN-
CY.—The term ‘State library administrative agency’
has the meaning given the term in section 213(5) of
the Library Services and Technology Act (20 U.S.C.
9122(5)).
‘‘SEC. 2303. ALLOTMENT AND REALLOTMENT.
‘‘(a) LIMITATION.—
‘‘(1) IN
GENERAL.—From funds appropriated
under this part, the Secretary shall reserve such sums
as may be necessary for grants awarded under section
3136 and teacher training in technology under section
3122 prior to the date of enactment of the Better Edu-
cation for Students and Teacher Act.
‘‘(2) BUREAU
OF
INDIAN
AFFAIRS
FUNDED
SCHOOLS.—From funds appropriated under this part,
the Secretary shall reserve 0.75 percent of such funds
for Bureau of Indian Affairs funded schools. Not later
than 6 months after the date of enactment of the Bet-
464
HR 1 EAS
ter Education for Students and Teacher Act, the Sec-
retary of the Interior shall establish rules for distrib-
uting such funds in accordance with a formula devel-
oped by the Secretary of the Interior, in consultation
with school boards of Bureau of Indian Affairs funded
schools taking into consideration whether a minimum
amount is needed to ensure small schools can utilize
funding effectively.
‘‘(b) ALLOTMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State educational agency shall be eli-
gible to receive a grant under this part for a fiscal
year in an amount which bears the same relationship
to the amount made available under section 2312 for
such year as the amount such State received under
part A of title I for such year bears to the amount
received for such year under such part by all States.
‘‘(2) MINIMUM.—No State educational agency
shall be eligible to receive a grant under paragraph
(1) in any fiscal year in an amount which is less
than 1⁄2 of 1 percent of the amount made available
under section 2312 for such year.
‘‘(c) REALLOTMENT OF UNUSED FUNDS.—
‘‘(1) IN GENERAL.—The amount of any State
educational agency’s allotment under subsection (b)
465
HR 1 EAS
for any fiscal year which the State determines will
not be required for such fiscal year to carry out this
part shall be available for reallotment from time to
time, on such dates during such year as the Secretary
may determine, to other State educational agencies in
proportion to the original allotments to such State
educational agencies under subsection (b) for such
year, but with such proportionate amount for any of
such other State educational agencies being reduced to
the extent such amount exceeds the sum the State esti-
mates such State needs and will be able to use for
such year.
‘‘(2) OTHER REALLOTMENTS.—The total of re-
ductions under paragraph (1) shall be similarly real-
lotted among the State educational agencies whose
proportionate amounts were not so reduced. Any
amounts reallotted to a State educational agency
under this subsection during a year shall be deemed
a subpart of such agency’s allotment under subsection
(b) for such year.
‘‘SEC. 2304. TECHNOLOGY GRANTS.
‘‘(a) GRANTS TO STATES.—
‘‘(1) IN GENERAL.—From amounts made avail-
able under section 2303, the Secretary, through the
Office of Educational Technology, shall award grants
466
HR 1 EAS
to State educational agencies having applications ap-
proved under section 2305. The Secretary shall give
priority when awarding grants under this paragraph
to State educational agencies whose applications sub-
mitted under section 2305 outline a strategy to carry
out part E.
‘‘(2) USE OF GRANTS.—
‘‘(A) AWARD
TO
AGENCIES.—Each State
educational agency receiving a grant under
paragraph (1) shall use such grant funds to
award grants, on a competitive basis, to local
educational agencies to enable such local edu-
cational agencies to carry out the activities de-
scribed in section 2306.
‘‘(B) SUFFICIENCY.—In awarding grants
under subparagraph (A), each State educational
agency shall ensure that each such grant is of
sufficient duration, and of sufficient size, scope,
and quality, to carry out the purposes of this
part effectively.
‘‘(C) PRIORITY.—In awarding the grants,
each State educational agency shall give priority
to the local educational agencies serving the
school districts that have the highest number or
percentage of children in poverty and have a
467
HR 1 EAS
substantial demonstrated need for assistance in
acquiring and integrating technology.
‘‘(D) DISTRIBUTION.—In awarding the
grants, each State educational agency shall as-
sure an equitable distribution of assistance under
this part among urban and rural areas of the
State, according to the demonstrated need of the
local educational agencies serving the areas.
‘‘(b) TECHNICAL
ASSISTANCE.—Each State edu-
cational agency receiving a grant under subsection (a)
shall—
‘‘(1) identify the local educational agencies
served by the State educational agency that—
‘‘(A) have the highest number or percentage
of children in poverty; and
‘‘(B) demonstrate to such State educational
agency the greatest need for technical assistance
in developing the application under 2307; and
‘‘(2) offer such technical assistance to such local
educational agencies.
‘‘SEC. 2305. STATE APPLICATION.
‘‘To receive a grant under this part, each State edu-
cational agency shall submit an application to the Sec-
retary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require,
468
HR 1 EAS
including a systemic statewide educational technology plan
that—
‘‘(1) outlines the long-term strategies for improv-
ing student performance, academic achievement, and
technology literacy, through the effective use of tech-
nology in classrooms throughout the State, including
through improving the capacity of teachers to effec-
tively integrate technology into the curricula and in-
struction;
‘‘(2) outlines how the plan incorporates—
‘‘(A) teacher education and professional de-
velopment;
‘‘(B) curricular development; and
‘‘(C) technology resources and systems for
the purpose of establishing best practices that
can be widely implemented by State and local
educational agencies;
‘‘(3) outlines the strategies for increasing paren-
tal involvement in schools through the effective use of
technology;
‘‘(4) outlines long-term strategies for financing
technology education in the State to ensure all stu-
dents, teachers, and classrooms will have access to
technology, describes how the State will use funds pro-
vided under this part to help ensure such access, and
469
HR 1 EAS
describes how business, industry, and other public
and private agencies, including libraries, library lit-
eracy programs, and institutions of higher education,
can participate in the implementation, ongoing plan-
ning, and support of the plan;
‘‘(5) contains an assurance that the State edu-
cational agency will comply with section 6 (regarding
participation by private school children and teach-
ers);
‘‘(6) provides assurance that financial assistance
provided under this part shall supplement, not sup-
plant, State and local funds;
‘‘(7) meets such other criteria as the Secretary
may establish in order to enable such agency to pro-
vide assistance to local educational agencies that have
the highest numbers or percentages of children in pov-
erty and demonstrate the greatest need for technology,
in order to enable such local educational agencies, for
the benefit of school sites served by such local edu-
cational agencies, to improve student academic
achievement and student performance; and
‘‘(8) outlines how the plan incorporates—
‘‘(A) teacher education and professional de-
velopment;
‘‘(B) curricular development; and
470
HR 1 EAS
‘‘(C) technology resources and systems for
the purpose of establishing best practices that
can be widely implemented by the State and
local educational agencies.
‘‘SEC. 2306. LOCAL USES OF FUNDS.
‘‘(a) IN GENERAL.—Each local educational agency, to
the extent possible, shall use the funds made available under
section 2304(a)(2) for—
‘‘(1) acquiring, adapting, expanding, imple-
menting and maintaining existing and new applica-
tions of technology, to support the school reform effort,
improve student academic achievement, performance,
and technology literacy;
‘‘(2) providing ongoing professional development
in the integration of quality educational technologies
into school curriculum;
‘‘(3) acquiring connectivity linkages, resources,
and services, including the acquisition of hardware
and software, for use by teachers, students, academic
counselors, and school library media personnel in the
classroom, in academic and college counseling centers,
or in school library media centers, in order to im-
prove student academic achievement and student per-
formance;
471
HR 1 EAS
‘‘(4) acquiring connectivity with wide area net-
works for purposes of accessing information, edu-
cational programming sources and professional devel-
opment, particularly with institutions of higher edu-
cation and public libraries;
‘‘(5) providing educational services for adults
and families;
‘‘(6) repairing and maintaining school tech-
nology equipment;
‘‘(7) acquiring, expanding, and implementing
technology to collect, manage, and analyze data, in-
cluding student achievement data, to inform teaching,
decision-making, and school improvement efforts, in-
cluding the training of teachers and administrators;
‘‘(8) using technology to promote parent and
family involvement and support communications be-
tween parents, teachers, and students; and
‘‘(9) acquiring connectivity linkages, resources,
and services, including the acquisition of hardware
and software, for use by teachers, students, academic
counselors, and school library media personnel in the
classroom, in academic and college counseling centers,
or in school library media centers, in order to im-
prove student academic achievement and student per-
formance.
472
HR 1 EAS
‘‘(b) ALLOWABLE USES OF FUNDS.—Each local edu-
cational agency may use the funds made available under
section 2304(a)(2) for—
‘‘(1) utilizing technology to develop or expand ef-
forts to connect schools and teachers with parents to
promote meaningful parental involvement and foster
increased communication about curriculum, assign-
ments, and assessments; and
‘‘(2) providing support to help parents under-
stand the technology being applied in their child’s
education so that parents are able to reinforce their
child’s learning.
‘‘(c) SPECIAL RULE.—A local educational agency re-
ceiving a grant under this part shall use at least 30 percent
of allocated funds for professional development.
‘‘SEC. 2307. LOCAL APPLICATION.
‘‘(a) APPLICATION.—Each local educational agency
desiring assistance from a State educational agency under
section 2304(a)(2) shall submit an application, consistent
with the objectives of the systemic statewide plan, to the
State educational agency at such time, in such manner, and
accompanied by such information as the State educational
agency may reasonably require. Such application, at a
minimum, shall include an updated version of a strategic,
long-range plan (3 to 5 years) that includes—
473
HR 1 EAS
‘‘(1) a description of how the activities to be car-
ried out by the local educational agency under this
part will be based on a review of relevant research
and an explanation of why the activities are expected
to improve student achievement, and technology lit-
eracy;
‘‘(2) an explanation of how the acquired tech-
nologies will be integrated into the curriculum to help
the local educational agency improve student aca-
demic achievement, student performance, and teach-
ing;
‘‘(3) a description of how the local educational
agency will ensure the effective use of technology to
promote parental involvement and increase commu-
nication with parents;
‘‘(4) a description of how parents will be in-
formed of the use of technologies so that the parents
are able to reinforce at home the instruction their
child receives at school;
‘‘(5) a description of the type of technologies to
be acquired, including services, software, and digital
curricula, including specific provisions for interoper-
ability among components of such technologies;
‘‘(6) a description of how the local educational
agency will ensure ongoing, sustained professional de-
474
HR 1 EAS
velopment for teachers, administrators, and school li-
brary media personnel served by the local educational
agency to further the effective use of technology in the
classroom or library media center, including a list of
those entities that will partner with the local edu-
cational agency in providing ongoing sustained pro-
fessional development;
‘‘(7) the projected cost of technologies to be ac-
quired and related expenses needed to implement the
plan;
‘‘(8) a description of how the local educational
agency will coordinate the technology provided pursu-
ant to this part with other grant funds available for
technology from other Federal, State, and local
sources;
‘‘(9) a description of a process for the ongoing
evaluation of how technologies acquired under this
part will be integrated into the school curriculum and
will affect technology literacy, student academic
achievement, and performance, as related to chal-
lenging State content standards and State student
performance standards in all subjects;
‘‘(10) a description of how the local educational
agency will comply with section 6 (regarding partici-
pation by private school children and teachers); and
475
HR 1 EAS
‘‘(11) a description of the evaluation plan that
the local educational agency will carry out pursuant
to section 2308(a).
‘‘(b) FORMATION OF CONSORTIA.—A local educational
agency for any fiscal year may apply for financial assist-
ance as part of a consortium with other local educational
agencies, institutions of higher education, intermediate edu-
cational units, libraries, or other educational entities ap-
propriate to provide local programs. The State educational
agency may assist in the formation of consortia among local
educational agencies, providers of educational services for
adults and families, institutions of higher education, inter-
mediate educational units, libraries, or other appropriate
educational entities to provide services for the teachers and
students in a local educational agency at the request of such
local educational agency.
‘‘(c) COORDINATION
OF
APPLICATION
REQUIRE-
MENTS.—If a local educational agency submitting an ap-
plication for assistance under this section has developed a
comprehensive education improvement plan, the State edu-
cational agency may approve such plan, or a component
of such plan if the State educational agency determines that
such approval would further the purposes of this part.
476
HR 1 EAS
‘‘SEC. 2308. ACCOUNTABILITY.
‘‘(a) EVALUATION
PLAN.—Each local educational
agency receiving funds under this part shall establish and
include in the agency’s application submitted under section
2307 an evaluation plan that requires evaluation of the
agency and the schools served by the agency with respect
to strong performance objectives and other measures
concerning—
‘‘(1) increased professional development and in-
creased effective use of technology in educating stu-
dents;
‘‘(2) increased technology literacy;
‘‘(3) increased access to technology in the class-
room, especially in low-income schools; and
‘‘(4) other indicators reflecting increased student
academic achievement or student performance, as a
result of technology.
‘‘(b) REPORT.—Each local educational agency receiv-
ing a grant under this part shall annually prepare and
submit to the State educational agency a report regarding
the progress of the local educational agency and the schools
served by the local educational agency toward achieving the
purposes of this part and meeting the performance objectives
and measures described in this section.
‘‘(c) SANCTION.—If after 3 years, the local educational
agency does not show measurable improvements, the local
477
HR 1 EAS
educational agency shall not receive funds for the remaining
grant years.
‘‘(d) ASSISTANCE.—The State educational agency shall
provide technical assistance to the local educational agency
to assist them in meeting the performance objectives and
measures described in this section.
‘‘SEC. 2309. NATIONAL EVALUATION OF TECHNOLOGY
PLANS.
‘‘Not later than 36 months after the date of enactment
of this title, the Secretary, in consultation with other Fed-
eral departments or agencies, State and local educational
practitioners, and policy makers, including teachers, prin-
cipals and superintendents, and experts in technology and
the application of technology to education, shall report to
Congress on best practices in implementing technology effec-
tively consistent with the provisions of section 2305(2). The
report shall include recommendations for revisions to the
National Education Technology Plan for the purpose of es-
tablishing best practices that can be widely implemented
by State and local educational agencies.
‘‘SEC. 2310. NATIONAL EDUCATION TECHNOLOGY PLAN.
‘‘(a) IN GENERAL.—Not later than 12 months after the
date of enactment of this section, the Secretary shall prepare
the national long-range plan that supports the overall na-
478
HR 1 EAS
tional technology policy. The Secretary shall update such
plan periodically when appropriate.
‘‘(b) CONSULTATION.—In preparing the plan described
in subsection (a), the Secretary shall consult with other
Federal departments or agencies, State and local education
practitioners, and policymakers, including teachers, prin-
cipals, and superintendents, experts in technology and the
applications of technology to education, representatives of
distance learning consortia, representatives of telecommuni-
cations partnerships receiving assistance under the Star
Schools Act or the Technology Challenge Fund program,
and providers of technology services and products.
‘‘(c) SUBMISSION; PUBLICATION.—Upon completion of
the plan described in subsection (a), the Secretary shall—
‘‘(1) submit such plan to the President and to
the appropriate committees of Congress; and
‘‘(2) publish such plan in a form that is readily
accessible to the public, including on the Internet.
‘‘(d) CONTENT OF THE PLAN.—The plan described in
subsection (a) shall describe the following:
‘‘(1) EFFECTIVE USE.—The plan shall describe
the manner in which the Secretary will encourage the
effective use of technology to provide all students the
opportunity to achieve challenging State academic
content standards and challenging State student per-
479
HR 1 EAS
formance standards, especially through programs ad-
ministered by the Department.
‘‘(2) JOINT ACTIVITIES.—The plan shall describe
joint activities in support of the overall national tech-
nology policy to be carried out with other Federal de-
partments or agencies, such as the Office of Science
and Technology Policy, the National Endowment for
the Humanities, the National Endowment for the
Arts, the National Institute for Literacy, the National
Aeronautics and Space Administration, the National
Science Foundation, the Bureau of Indian Affairs,
and the Departments of Commerce, Energy, Health
and Human Services, and Labor—
‘‘(A) to promote the use of technology in
education, training, and lifelong learning, in-
cluding plans for the educational uses of a na-
tional information infrastructure; and
‘‘(B) to ensure that the policies and pro-
grams of such departments or agencies facilitate
the use of technology for educational purposes, to
the extent feasible.
‘‘(3) COLLABORATION.—The plan shall describe
the manner in which the Secretary will work with
educators, State and local educational agencies, and
appropriate representatives of the private sector, in-
480
HR 1 EAS
cluding the Universal Service Administrative Com-
pany, to facilitate the effective use of technology in
education.
‘‘(4) PROMOTING ACCESS.—The plan shall de-
scribe the manner in which the Secretary will
promote—
‘‘(A) higher academic achievement and per-
formance of all students through the integration
of technology into the curriculum;
‘‘(B) increased access to the benefits of tech-
nology for teaching and learning for schools with
a high number or percentage of children from
low-income families;
‘‘(C) the use of technology to assist in the
implementation of State systemic reform strate-
gies;
‘‘(D) the application of technological ad-
vances to use in improving educational opportu-
nities;
‘‘(E) increased access to high quality adult
and family education services through the use of
technology for instruction and professional devel-
opment;
‘‘(F) increased parental involvement in
schools through the use of technology; and
481
HR 1 EAS
‘‘(G) increased opportunities for the profes-
sional development of teachers in the use of new
technologies.
‘‘(5) EXCHANGE.—The plan shall describe the
manner in which the Secretary will promote the ex-
change of information among States, local edu-
cational agencies, schools, consortia, and other entities
concerning the conditions and practices that support
effective use of technology in improving teaching and
student educational opportunities, academic achieve-
ment, and technology literacy.
‘‘(6) GOALS.—The plan shall describe the Sec-
retary’s long-range measurable goals and objectives
relating to the purposes of this part.
‘‘SEC. 2311. NATIONAL TECHNOLOGY INITIATIVES.
‘‘(a) IN GENERAL.—The Secretary shall establish a
program to identify and disseminate the practices under
which technology is effectively integrated into education to
enhance teaching and learning and to improve student
achievement, performance and technology literacy.
‘‘(b) USE OF FUNDS.—In carrying out the program
established under subsection (a), the Secretary shall—
‘‘(1) conduct, through the Office of Educational
Research and Improvement, in consultation with the
482
HR 1 EAS
Office of Educational Technology, an independent,
longitudinal study on—
‘‘(A) the conditions and practices under
which educational technology is effective in in-
creasing student academic achievement; and
‘‘(B) the conditions and practices that in-
crease the ability of teachers to effectively inte-
grate technology into the curricula and instruc-
tion, enhance the learning environment and op-
portunities, and increase student performance,
technology literacy, and related 21st century
skills; and
‘‘(2) make widely available, including through
dissemination on the Internet and to all State edu-
cational agencies and other grantees under this sec-
tion, the findings identified through the activities of
this section regarding the conditions and practices
under which education technology is effective.
‘‘SEC. 2312. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out this part $1,000,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
6 succeeding fiscal years.
‘‘(b) LIMITATION.—Not more than 5 percent of the
funds made available to a recipient under this part for any
483
HR 1 EAS
fiscal year may be used by such recipient for administrative
costs or technical assistance.
‘‘(c) FUNDING FOR NATIONAL TECHNOLOGY INITIA-
TIVES.—Not more than .5 percent of the funds appropriated
under subsection (a) may be used for the activities of the
Secretary under section 2311.’’.
SEC. 202. TEACHER MOBILITY.
(a) SHORT TITLE.—This section may be cited as the
‘‘Teacher Mobility Act’’.
(b) MOBILITY OF TEACHERS.—Title II of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 6601
et seq.), as amended by section 201, is further amended by
adding at the end the following:
‘‘PART D—TEACHER MOBILITY
‘‘SEC. 2401. NATIONAL PANEL ON TEACHER MOBILITY.
‘‘(a) ESTABLISHMENT.—There is established a panel
to be known as the National Panel on Teacher Mobility (re-
ferred to in this section as the ‘panel’).
‘‘(b) MEMBERSHIP.—The panel shall be composed of
9 members appointed by the Secretary. The Secretary shall
appoint the members from among practitioners and experts
with experience relating to teacher mobility, such as teach-
ers, members of teacher certification or licensing bodies, fac-
ulty of institutions of higher education that prepare teach-
ers, and State policymakers with such experience.
484
HR 1 EAS
‘‘(c) PERIOD OF APPOINTMENT; VACANCIES.—Members
shall be appointed for the life of the panel. Any vacancy
in the panel shall not affect the powers of the panel, but
shall be filled in the same manner as the original appoint-
ment.
‘‘(d) DUTIES.—
‘‘(1) STUDY.—
‘‘(A) IN GENERAL.—The panel shall study
strategies for increasing mobility and employ-
ment opportunities for high quality teachers, es-
pecially for States with teacher shortages and
States with districts or schools that are difficult
to staff.
‘‘(B) DATA AND ANALYSIS.—As part of the
study, the panel shall evaluate the desirability
and feasibility of State initiatives that support
teacher mobility by collecting data and con-
ducting effective analysis on—
‘‘(i) teacher supply and demand;
‘‘(ii) the development of recruitment
and hiring strategies that support teachers;
and
‘‘(iii) increasing reciprocity of licenses
across States.
485
HR 1 EAS
‘‘(2) REPORT.—Not later than 1 year after the
date on which all members of the panel have been ap-
pointed, the panel shall submit to the Secretary and
to the appropriate committees of Congress a report
containing the results of the study.
‘‘(e) POWERS.—
‘‘(1) HEARINGS.—The panel may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the panel
considers advisable to carry out the objectives of this
section.
‘‘(2) INFORMATION FROM FEDERAL AGENCIES.—
The panel may secure directly from any Federal de-
partment or agency such information as the panel
considers necessary to carry out the provisions of this
section. Upon request of a majority of the members of
the panel, the head of such department or agency
shall furnish such information to the panel.
‘‘(3) POSTAL SERVICES.—The panel may use the
United States mails in the same manner and under
the same conditions as other departments and agen-
cies of the Federal Government.
‘‘(f) PERSONNEL.—
‘‘(1) TRAVEL EXPENSES.—The members of the
panel shall not receive compensation for the perform-
486
HR 1 EAS
ance of services for the panel, but shall be allowed
travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular
places of business in the performance of services for
the panel. Notwithstanding section 1342 of title 31,
United States Code, the Secretary may accept the vol-
untary and uncompensated services of members of the
panel.
‘‘(2) DETAIL
OF
GOVERNMENT
EMPLOYEES.—
Any Federal Government employee may be detailed to
the panel without reimbursement, and such detail
shall be without interruption or loss of civil service
status or privilege.
‘‘(g) PERMANENT COMMITTEE.—Section 14 of the Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall not
apply to the panel.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section such sums as may
be necessary for fiscal year 2002.
‘‘(2) AVAILABILITY.—Any sums appropriated
under the authorization contained in this subsection
487
HR 1 EAS
shall remain available, without fiscal year limitation,
until expended.’’.
SEC. 203. MODIFICATION OF TROOPS-TO-TEACHERS PRO-
GRAM.
(a) PURPOSE.—The purpose of this section is to au-
thorize a mechanism for the funding and administration
of the Troops-to-Teachers Program established by the
Troops-to-Teachers Program Act of 1999 (title XVII of the
National Defense Authorization Act for Fiscal Year 2000).
(b) DEFINITIONS.—Section 1701 of the Troops-to-
Teachers Program Act of 1999 (20 U.S.C. 9301) is
amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘means’’
and all that follows and inserting ‘‘means the
Secretary of Education’’;
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and
(4), as paragraphs (2) and (3), respectively; and
(D) in paragraph (2) (as so redesignated),
by inserting before the period the following: ‘‘and
active and former members of the Coast Guard’’;
and
(2) by adding at the end the following:
488
HR 1 EAS
‘‘(c) ADMINISTRATION.—To the extent that funds are
made available under this title, the administering Secretary
shall use such funds to enter into a memorandum of agree-
ment with the Defense Activity for Non-Traditional Edu-
cation Support (referred to in this subsection as
‘DANTES’), of the Department of Defense. DANTES shall
use amounts made available under the memorandum of
agreement to administer the Troops-to-Teachers Program,
including the selection of participants in the Program in
accordance with section 1704. The administering Secretary
may retain a portion of the funds to identify local edu-
cational agencies with concentrations of children from low-
income families or with teacher shortages and States with
alternative certification or licensure requirements, as re-
quired by section 1702.’’.
(c) AUTHORIZATION.—Section 1702 of the Troops-to-
Teachers Program Act of 1999 (20 U.S.C. 9302) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by striking ‘‘after their discharge or
release, or retirement,’’ and insert ‘‘who re-
tire’’; and
(ii) by striking ‘‘and’’ at the end;
489
HR 1 EAS
(B) by redesignating paragraph (2) as
paragraph (3); and
(C) by inserting after paragraph (1), the
following:
‘‘(2) to assist members of the active reserve forces
to obtain certification or licensure as elementary or
secondary school teachers or as vocational or technical
teachers; and’’; and
(2) by adding at the end the following:
‘‘(e) FUNDING.—The administering Secretary shall
provide appropriate funds to the Secretary of Defense to
enable the Secretary of Defense to manage and operate the
Troops-to-Teachers Program.’’.
(d) ELIGIBLE MEMBERS.—Section 1703 of the Troops-
to-Teachers Program Act of 1999 (20 U.S.C. 9303) is
amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) ELIGIBLE MEMBERS.—Subject to subsection (c),
any member of the Armed Forces who, during the period
beginning on October 1, 2000, and ending on September
30, 2006, retired from the active duty or who is a member
of the active reserve and who satisfies such other criteria
for the selection as the administering Secretary may re-
490
HR 1 EAS
quire, shall be eligible for selection to participate in the
Troops-to-Teachers Program.’’; and
(2) in subsection (d)—
(A) by striking ‘‘(1) The administering Sec-
retary’’ and inserting ‘‘Secretary of Defense’’;
and
(B) by striking paragraph (2); and
(3) by adding at the end the following:
‘‘(e) PLACEMENT ASSISTANCE AND REFERRAL SERV-
ICES.—The administering Secretary may, with the agree-
ment of the Secretary of Defense, provide placement assist-
ance and referral services to members of the Armed Forces
who separated from active duty under honorable cir-
cumstances. Such members shall meet education qualifica-
tion requirements under subsection (b). Such members shall
not be eligible for financial assistance under subsections (a)
and (b) of section 1705.’’.
(e) SELECTION OF PARTICIPANTS.—Section 1704 of
the Troops-to-Teachers Program Act of 1999 (20 U.S.C.
9304) is amended—
(1) in subsection (a), by striking ‘‘on a timely
basis’’;
(2) by striking subsection (b);
(3) in subsection (e)—
491
HR 1 EAS
(A) in the matter preceding paragraph (1),
by inserting ‘‘and receives financial assistance’’
after ‘‘Program’’; and
(B) in paragraph (2), by striking ‘‘four
school’’ and all that follows and inserting ‘‘three
school years with a local educational agency, ex-
cept that the Secretary of Defense may waive the
3 year commitment if the Secretary determines
such waiver to be appropriate.’’;
(4) in subsection (f), by striking ‘‘subsection (e)’’
and inserting ‘‘subsection (d)’’; and
(5) by redesignating subsections (c) through (f)
as subsection (b) through (e), respectively.
(f) STIPENDS AND BONUSES.—Section 1705 of the
Troops-to-Teachers Program Act of 1999 (20 U.S.C. 9305)
is amended—
(1) in subsection (a)—
(A) by striking ‘‘(1) Subject’’ and inserting
‘‘Subject’’; and
(B) by striking paragraph (2);
(2) in subsection (b)—
(A) by striking paragraph (2);
(B) in paragraph (3)—
(i) by striking subparagraphs (A)
through (D) and inserting the following:
492
HR 1 EAS
‘‘(A) The school is in a low-income school
district as defined by the administering Sec-
retary.’’; and
(ii) by redesignating subparagraphs
(E) and (F), as subparagraphs (B) and (C),
respectively; and
(C) by redesignating paragraph (3) as
paragraph (2); and
(3) in subsection (d)—
(A) by striking ‘‘four years’’ each place that
such appears and inserting ‘‘three years’’; and
(B) in paragraph (2), by striking ‘‘1704(e)’’
and inserting ‘‘1704(d)’’.
(g) PARTICIPATION BY STATES.—Section 1706(b) of
the Troops-to-Teachers Program Act of 1999 (20 U.S.C.
9306(b)) is amended—
(1) by striking ‘‘(1) Subject to paragraph (2),
the’’ and inserting ‘‘The’’; and
(2) by striking paragraph (2).
(h) SUPPORT
OF TEACHER CERTIFICATION PRO-
GRAMS.—The Troops-to-Teachers Program Act of 1999 (20
U.S.C. 9301 et seq.) is amended by striking 1707 through
1709 and inserting the following:
493
HR 1 EAS
‘‘SEC. 1707. SUPPORT OF INNOVATIVE, PRE-RETIREMENT
TEACHER CERTIFICATION PROGRAMS.
‘‘(a) IN GENERAL.—The administering Secretary may
enter into a memorandum of agreements with institutions
of higher education to develop, implement, and demonstrate
teacher certification programs for pre-retirement military
personnel for the purpose of preparing such personnel to
transition to teaching as a second career. Such program
shall—
‘‘(1) provide for the recognition of military expe-
rience and training as related to licensure or certifi-
cation requirements;
‘‘(2) provide courses of instruction that may be
provided at military installations;
‘‘(3) 
incorporate 
alternative 
approaches 
to
achieve teacher certification such as innovative meth-
ods to gaining field based teaching experiences, and
assessments of background and experience as related
to skills, knowledge and abilities required of elemen-
tary or secondary school teachers; and
‘‘(4) provide for the delivery of courses through
distance education methods.
‘‘(b) APPLICATIONS PROCEDURES.—
‘‘(1) IN GENERAL.—An institution of higher edu-
cation, or a consortia of such institutions, that desires
to enter into an memorandum under subsection (a)
494
HR 1 EAS
shall prepare and submit to the administering Sec-
retary a proposal, at such time, in such manner, and
containing such information as the administering
Secretary may require, including an assurance that
the institution is operating one or more programs
that lead to State approved teacher certification.
‘‘(2) PREFERENCE.—The administering Sec-
retary shall give a preference to institutions (or con-
sortia) submitting proposals that provide for cost
sharing with respect to the program involved.
‘‘(c) CONTINUATION OF PROGRAM.—An institution of
higher education that desires to continue a program that
is funded under this section after such funding is termi-
nated shall use amounts derived from tuition charges to
continue such program.
‘‘SEC. 1708. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this title, $50,000,000 in fiscal year 2002, and such sums
as may be necessary in each subsequent fiscal year.’’.
SEC. 204. PROFESSIONAL DEVELOPMENT.
Section 3141(b)(2)(A) (20 U.S.C. 6861(b)(2)(A)) is
amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) in clause (ii)(V), by adding ‘‘and’’ after the
semicolon; and
495
HR 1 EAS
(3) by adding at the end the following:
‘‘(iii) the provision of incentives, in-
cluding bonus payments, to recognized edu-
cators who achieve an information tech-
nology certification that is directly related
to the curriculum or content area in which
the teacher provides instruction;’’.
SEC. 205. CLOSE UP FELLOWSHIP PROGRAM AND NATIONAL
STUDENT/PARENT MOCK ELECTION.
Title II of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6601 et seq.), as amended by section
202, is further amended by adding at the end the following:
‘‘PART E—CLOSE UP FELLOWSHIP PROGRAM
‘‘SEC. 2501. FINDINGS.
‘‘Congress makes the following findings:
‘‘(1) The strength of our democracy rests with the
willingness of our citizens to be active participants in
their governance. For young people to be such active
participants, it is essential that they develop a strong
sense of responsibility toward ensuring the common
good and general welfare of their local communities,
States and the Nation.
‘‘(2) For the young people of our country to de-
velop a sense of responsibility for their fellow citizens,
communities and country, our educational system
496
HR 1 EAS
must assist them in the development of strong moral
character and values.
‘‘(3) Civic education about our Federal Govern-
ment is an integral component in the process of edu-
cating young people to be active and productive citi-
zens who contribute to strengthening and promoting
our democratic form of government.
‘‘(4) There are enormous pressures on teachers to
develop creative ways to stimulate the development of
strong moral character and appropriate value systems
among young people, and to educate young people
about their responsibilities and rights as citizens.
‘‘(5) Young people who have economically dis-
advantaged backgrounds, or who are from other
under-served constituencies, have a special need for
educational programs that develop a strong a sense of
community and educate them about their rights and
responsibilities as citizens of the United States.
Under-served constituencies include those such as eco-
nomically disadvantaged young people in large met-
ropolitan areas, ethnic minorities, who are members
of recently immigrated or migrant families, Native
Americans or the physically disabled.
‘‘(6) The Close Up Foundation has thirty years
of experience in providing economically disadvan-
497
HR 1 EAS
taged young people and teachers with a unique and
highly educational experience with how our federal
system of government functions through its programs
that bring young people and teachers to Washington,
D.C. for a first-hand view of our government in ac-
tion.
‘‘(7) It is a worthwhile goal to ensure that eco-
nomically disadvantaged young people and teachers
have the opportunity to participate in Close Up’s
highly effective civic education program. Therefore, it
is fitting and appropriate to provide fellowships to
students of limited economic means and the teachers
who work with such students so that the students and
teachers may participate in the programs supported
by the Close Up Foundation. It is equally fitting and
appropriate to support the Close Up Foundation’s
‘Great American Cities’ program that focuses on char-
acter and leadership development among economically
disadvantaged young people who reside in our Na-
tion’s large metropolitan areas.
‘‘Subpart 1—Program for Middle and Secondary
School Students
‘‘SEC. 2511. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with provisions of this
498
HR 1 EAS
subpart to the Close Up Foundation of Washington, District
of Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying
out its programs of increasing understanding of the Federal
Government among economically disadvantaged middle
and secondary school students.
‘‘(b) USE OF FUNDS.—Grants under this subpart shall
be used only to provide financial assistance to economically
disadvantaged students who participate in the program de-
scribed in subsection (a). Financial assistance received pur-
suant to this subpart by such students shall be know as the
Close Up Fellowships.
‘‘SEC. 2512. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENT OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made to economi-
cally disadvantaged middle and secondary school stu-
dents;
‘‘(2) that every effort shall be made to ensure the
participation of students from rural and small town
areas, as well as from urban areas, and that in
499
HR 1 EAS
awarding fellowships to economically disadvantaged
students, special consideration will be given to the
participation of students with special educational
needs, including students with disabilities, students
with migrant parents and ethnic minority students;
and
‘‘(3) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 2—Program for Middle and Secondary
School Teachers
‘‘SEC. 2521. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with provisions of this
subpart to the Close Up Foundation of Washington, District
of Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying
out its programs of teaching skills enhancement for middle
and secondary school teachers.
‘‘(b) USE OF FUNDS.—Grants under this subpart shall
be used only to provide financial assistance to teachers who
participate in the program described in subsection (a). Fi-
nancial assistance received pursuant to this subpart by such
students shall be know as the Close Up Teacher Fellowships.
500
HR 1 EAS
‘‘SEC. 2522. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENT OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made only to
teachers who have worked with at least one student
from such teacher’s school who participates in the
program described in section 2521(a);
‘‘(2) that no teacher in each school participating
in the programs provided for in section (a) may re-
ceive more than one fellowship in any fiscal year; and
‘‘(3) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 3—Program for New Americans
‘‘SEC. 2531. ESTABLISHMENT.
‘‘(a) GENERAL AUTHORITY.—The Secretary is author-
ized to make grants in accordance with provisions of this
subpart to the Close Up Foundation of Washington, District
of Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying
out its programs of increasing understanding of the Federal
Government among economically disadvantaged secondary
school students who are recent immigrants.
501
HR 1 EAS
‘‘(b) DEFINITION.—For purposes of this subpart, the
term ‘recent immigrant student’ means a student of a fam-
ily that immigrated to the United states within five years
of the students participation in the program.
‘‘(c) USE OF FUNDS.—Grants under this subpart shall
be used only to provide financial assistance to economically
disadvantaged recent immigrant students who participate
in the program described in subsection (a). Financial as-
sistance received pursuant to this subpart by such students
shall be know as the Close Up Fellowships for New Ameri-
cans.
‘‘SEC. 2532. APPLICATIONS.
‘‘(a) APPLICATION REQUIRED.—No grant under this
subpart may be made except upon an application at such
time, in such manner, and accompanied by such informa-
tion as the Secretary may reasonably require.
‘‘(b) CONTENT OF APPLICATION.—Each such applica-
tion shall contain provisions to assure—
‘‘(1) that fellowship grants are made to economi-
cally disadvantaged secondary school students;
‘‘(2) that every effort shall be made to ensure the
participation of recent immigrant students from
rural and small town areas, as well as from urban
areas, and that in awarding fellowships to economi-
cally disadvantaged recent immigrant students, spe-
502
HR 1 EAS
cial consideration will be given to the participation
of those students with special educational needs, in-
cluding students with disabilities, students with mi-
grant parents and ethnic minority students;
‘‘(3) that activities permitted by subsection (a)
are fully described; and
‘‘(4) the proper disbursement of the funds re-
ceived under this subpart.
‘‘Subpart 4—General Provisions
‘‘SEC. 2541. ADMINISTRATIVE PROVISIONS.
‘‘(a) ACCOUNTABILITY.—In consultation with the Sec-
retary, the Close Up Foundation will devise and implement
procedures to measure the efficacy of the programs author-
ized in subparts 1, 2, and 3 in attaining objectives that
include: providing young people with an increased under-
standing of the Federal Government; heightening a sense of
civic responsibility among young people; and enhancing the
skills of educators in teaching young people about civic vir-
tue, citizenship competencies and the Federal Government.
‘‘(b) GENERAL RULE.—Payments under this part may
be made in installments, in advance, or by way of reim-
bursement, with necessary adjustments on account of under-
payments or overpayments.
‘‘(c) AUDIT RULE.—The Comptroller General of the
United States or any of the Comptroller General’s duly au-
503
HR 1 EAS
thorized representatives shall have access for the purpose of
audit and examination to any books, documents, papers,
and records that are pertinent to any grant under this part.
‘‘SEC. 2542. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated to carry out the provisions of subparts 1, 2, and
3 of this part $6,000,000 for fiscal year 2002 and such sums
as may be necessary for each of the four succeeding fiscal
years.
‘‘(b) SPECIAL RULE.—Of the funds appropriated pur-
suant to subsection (a), not more than 30 percent may be
used for teachers associated with students participating in
the programs described in sections 2511, 2521 and 2531.
‘‘PART F—NATIONAL STUDENT/PARENT MOCK
ELECTION
‘‘SEC. 2601. NATIONAL STUDENT/PARENT MOCK ELECTION.
‘‘(a) IN GENERAL.—The Secretary is authorized to
award grants to the National Student/Parent Mock Elec-
tion, a national nonprofit, nonpartisan organization that
works to promote voter participation in American elections
to enable it to carry out voter education activities for stu-
dents and their parents. Such activities may—
‘‘(1) include simulated national elections at least
five days before the actual election that permit par-
ticipation by students and parents from all 50 States
504
HR 1 EAS
in the United States and its territories, Washington,
DC and American schools overseas; and
‘‘(2) consist of—
‘‘(A) school forums and local cable call-in
shows on the national issues to be voted upon in
an ‘issues forum’;
‘‘(B) speeches and debates before students
and parents by local candidates or stand-ins for
such candidates;
‘‘(C) quiz team competitions, mock press
conferences and speech writing competitions;
‘‘(D) weekly meetings to follow the course of
the campaign; or
‘‘(E) school and neighborhood campaigns to
increase voter turnout, including newsletters,
posters, telephone chains, and transportation.
‘‘(b) REQUIREMENT.—The National Student/Parent
Mock Elections shall present awards to outstanding student
and parent mock election projects.
‘‘SEC. 2602. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
the provisions of this part $650,000 for fiscal year 2002
and such sums as may be necessary for each of the six suc-
ceeding fiscal years.’’.
505
HR 1 EAS
SEC. 206. RURAL TECHNOLOGY EDUCATION ACADEMIES
AND EARLY CHILDHOOD EDUCATOR PROFES-
SIONAL DEVELOPMENT.
Title II (20 U.S.C. 6601 et seq.), as amended by section
202, is further amended by adding at the end the following:
‘‘PART G—RURAL TECHNOLOGY EDUCATION
ACADEMIES
‘‘SEC. 2701. SHORT TITLE.
This part may be cited as the ‘Rural Technology Edu-
cation Academies Act’.
‘‘SEC. 2702. FINDINGS AND PURPOSE.
‘‘(a) FINDINGS.—Congress makes the following find-
ings:
‘‘(1) Rural areas offer technology programs in
existing public schools, such as those in career and
technical education programs, but they are limited in
numbers and are not adequately funded. Further,
rural areas often cannot support specialized schools,
such as magnet or charter schools.
‘‘(2) Technology can offer rural students edu-
cational and employment opportunities that they oth-
erwise would not have.
‘‘(3) Schools in rural and small towns receive
disproportionately less funding than their urban
counterparts, necessitating that such schools receive
506
HR 1 EAS
additional assistance to implement technology cur-
riculum.
‘‘(4) In the future, workers without technology
skills run the risk of being excluded from the new
global, technological economy.
‘‘(5) Teaching technology in rural schools is vi-
tally important because it creates an employee pool
for employers sorely in need of information technology
specialists.
‘‘(6) A qualified workforce can attract informa-
tion technology employers to rural areas and help
bridge the digital divide between rural and urban
American that is evidenced by the out-migration and
economic decline typical of many rural areas.
‘‘(b) PURPOSE.—It is the purpose of this part to give
rural schools comprehensive assistance to train the tech-
nology literate workforce needed to bridge the rural-urban
digital divide.
‘‘SEC. 2703. GRANTS TO STATES.
‘‘(a) IN GENERAL.—The Secretary shall use amounts
made available under section 2312(a) to carry out this part
to make grants to eligible States for the development and
implementation of technology curriculum.
‘‘(b) STATE ELIGIBILITY.—
507
HR 1 EAS
‘‘(1) IN GENERAL.—To be eligible for a grant
under subsection (a), a State shall—
‘‘(A) have in place a statewide educational
technology plan developed in consultation with
the State agency responsible for administering
programs under the Carl D. Perkins Vocational
and Applied Technology Education Act (20
U.S.C. 2301 et seq.); and
‘‘(B) include eligible local educational agen-
cies (as defined in paragraph (2)) under the
plan.
‘‘(2) DEFINITION.—In this part, the term ‘eligi-
ble local educational agency’ means a local edu-
cational agency—
‘‘(A) with less than 600 total students in
average daily attendance at the schools served by
such agency; and
‘‘(B) with respect to which all of the schools
served by the agency have a School Locale Code
of 7 or 8, as determined by the Secretary.
‘‘(c) AMOUNT OF GRANT.—Of the amount made avail-
able under section 2312(a) to carry out this part for a fiscal
year and reduced by amounts used under section 2704, the
Secretary shall provide to each State under a grant under
subsection (a) an amount the bears that same ratio to such
508
HR 1 EAS
appropriated amount as the number of students in average
daily attendance at the schools served by eligible local edu-
cational agencies in the State bears to the number of all
such students at the schools served by eligible local edu-
cational agencies in all States in such fiscal year.
‘‘(d) USE OF AMOUNTS.—
‘‘(1) IN GENERAL.—A State that receives a grant
under subsection (a) shall use—
‘‘(A) not less than 85 percent of the
amounts received under the grant to provide
funds to eligible local educational agencies in the
State for use as provided for in paragraph (2);
and
‘‘(B) not to exceed 15 percent of the
amounts received under the grant to carry out
activities to develop or enhance and further the
implementation 
of 
technology 
curriculum,
including—
‘‘(i) the development or enhancement of
technology courses in areas including com-
puter network technology, computer engi-
neering technology, computer design and re-
pair, software engineering, and program-
ming;
509
HR 1 EAS
‘‘(ii) the development or enhancement
of high quality technology standards;
‘‘(iii) the examination of the utility of
web-based technology courses, including col-
lege-level courses and instruction for both
students and teachers;
‘‘(iv) the development or enhancement
of State advisory councils on technology
teacher training;
‘‘(v) the addition of high-quality tech-
nology courses to teacher certification pro-
grams;
‘‘(vi) the provision of financial re-
sources and incentives to eligible local edu-
cational agencies to enable such agencies to
implement a technology curriculum;
‘‘(vii) the implementation of a central-
ized web-site for educators to exchange com-
puter-related curriculum and lesson plans;
and
‘‘(viii) the provision of technical assist-
ance to local educational agencies.
‘‘(2) LOCAL USE OF FUNDS.—Amounts received
by an eligible local educational agency under para-
graph (1)(A) shall be used for—
510
HR 1 EAS
‘‘(A) the implementation of a technology
curriculum that is based on standards developed
by the State, if applicable;
‘‘(B) professional development in the area of
technology, including for the certification of
teachers in information technology;
‘‘(C) teacher-to-teacher technology men-
toring programs;
‘‘(D) the provision of incentives to teachers
teaching in technology-related fields to persuade
such teachers to remain in rural areas;
‘‘(E) the purchase of equipment needed to
implement a technology curriculum;
‘‘(F) the provision of technology courses
through distance learning;
‘‘(G) the development of, or entering into a,
consortium with other local educational agencies,
institutions of higher education, or for-profit
businesses, nonprofit organizations, community-
based organizations or other entities with the ca-
pacity to contribute to technology training for
the purposes of subparagraphs (A) through (F);
or
‘‘(H) other activities consistent with the
purposes of this part.
511
HR 1 EAS
‘‘(3) AMOUNT OF ASSISTANCE.—In providing as-
sistance to eligible local educational agencies under
this section, a State shall ensure that the amount pro-
vided to any eligible agency reflects the size and fi-
nancial need of the agency as evidenced by the num-
ber or percentage of children served by the agency who
are from families with incomes below 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
(42 U.S.C. 9902(2)) applicable to a family of the size
involved.
‘‘SEC. 2704. TECHNICAL ASSISTANCE.
‘‘From amounts made available for a fiscal year under
section 2312(a) to carry out this part, the Secretary may
use not to exceed 5 percent of such amounts to—
‘‘(1) establish a position within the Office of
Educational Technology of the Department of Edu-
cation for a specialist in rural schools;
‘‘(2) identify and disseminate throughout the
United States information on best practices con-
cerning technology curricula; and
‘‘(3) conduct seminars in rural areas on tech-
nology education.
512
HR 1 EAS
‘‘PART H—EARLY CHILDHOOD EDUCATOR
PROFESSIONAL DEVELOPMENT
‘‘SEC. 2801. PURPOSE.
‘‘In support of the national effort to attain the first
of America’s Education Goals, the purpose of this part is
to enhance the school readiness of young children, particu-
larly disadvantaged young children, and to prevent them
from encountering difficulties once they enter school, by im-
proving the knowledge and skills of early childhood edu-
cators who work in communities that have high concentra-
tions of children living in poverty.
‘‘SEC. 2802. PROGRAM AUTHORIZED.
‘‘(a) GRANTS TO PARTNERSHIPS.—The Secretary shall
carry out the purpose of this part by awarding grants, on
a competitive basis, to partnerships consisting of—
‘‘(1)(A) one or more institutions of higher edu-
cation that provide professional development for early
childhood educators who work with children from low-
income families in high-need communities; or
‘‘(B) another public or private entity that pro-
vides such professional development;
‘‘(2) one or more public agencies (including local
educational agencies, State educational agencies,
State human services agencies, and State and local
agencies administering programs under the Child
513
HR 1 EAS
Care and Development Block Grant Act of 1990),
Head Start agencies, or private organizations; and
‘‘(3) to the extent feasible, an entity with dem-
onstrated experience in providing training to edu-
cators in early childhood education programs in iden-
tifying and preventing behavior problems or working
with children identified or suspected to be victims of
abuse.
‘‘(b) DURATION AND NUMBER OF GRANTS.—
‘‘(1) DURATION.—Each grant under this part
shall be awarded for not more than 4 years.
‘‘(2) NUMBER.—No partnership may receive
more than 1 grant under this part.
‘‘SEC. 2803. APPLICATIONS.
‘‘(a) APPLICATIONS
REQUIRED.—Any partnership
that desires to receive a grant under this part shall submit
an application to the Secretary at such time, in such man-
ner, and containing such information as the Secretary may
require.
‘‘(b) 
CONTENTS.—Each 
such 
application 
shall
include—
‘‘(1) a description of the high-need community to
be served by the project, including such demographic
and socioeconomic information as the Secretary may
request;
514
HR 1 EAS
‘‘(2) information on the quality of the early
childhood educator professional development program
currently conducted by the institution of higher edu-
cation or other provider in the partnership;
‘‘(3) the results of the needs assessment that the
entities in the partnership have undertaken to deter-
mine the most critical professional development needs
of the early childhood educators to be served by the
partnership and in the broader community, and a de-
scription of how the proposed project will address
those needs;
‘‘(4) a description of how the proposed project
will be carried out, including—
‘‘(A) how individuals will be selected to par-
ticipate;
‘‘(B) the types of research-based professional
development activities that will be carried out;
‘‘(C) how research on effective professional
development and on adult learning will be used
to design and deliver project activities;
‘‘(D) how the project will coordinate with
and build on, and will not supplant or dupli-
cate, early childhood education professional de-
velopment activities that exist in the community;
515
HR 1 EAS
‘‘(E) how the project will train early child-
hood educators to provide services that are based
on developmentally appropriate practices and
the best available research on child social, emo-
tional, physical and cognitive development and
on early childhood pedagogy;
‘‘(F) how the program will train early
childhood educators to meet the diverse edu-
cational needs of children in the community, in-
cluding children who have limited English pro-
ficiency, disabilities, or other special needs; and
‘‘(G) how the project will train early child-
hood educators in identifying and preventing be-
havioral problems or working with children iden-
tified as or suspected to be victims of abuse;
‘‘(5) a description of—
‘‘(A) the specific objectives that the partner-
ship will seek to attain through the project, and
how the partnership will measure progress to-
ward attainment of those objectives; and
‘‘(B) how the objectives and the measure-
ment activities align with the performance indi-
cators established by the Secretary under section
2806(a);
516
HR 1 EAS
‘‘(6) a description of the partnership’s plan for
continuing the activities carried out under the
project, so that the activities continue once Federal
funding ceases;
‘‘(7) an assurance that, where applicable, the
project will provide appropriate professional develop-
ment to volunteers working directly with young chil-
dren, as well as to paid staff; and
‘‘(8) an assurance that, in developing its appli-
cation and in carrying out its project, the partner-
ship has consulted with, and will consult with, rel-
evant agencies, early childhood educator organiza-
tions, and early childhood providers that are not
members of the partnership.
‘‘SEC. 2804. SELECTION OF GRANTEES.
‘‘(a) CRITERIA.—The Secretary shall select partner-
ships to receive funding on the basis of the community’s
need for assistance and the quality of the applications.
‘‘(b) GEOGRAPHIC DISTRIBUTION.—In selecting part-
nerships, the Secretary shall seek to ensure that commu-
nities in different regions of the Nation, as well as both
urban and rural communities, are served.
‘‘SEC. 2805. USES OF FUNDS.
‘‘(a) IN GENERAL.—Each partnership receiving a
grant under this part shall use the grant funds to carry
517
HR 1 EAS
out activities that will improve the knowledge and skills of
early childhood educators who are working in early child-
hood programs that are located in high-need communities
and serve concentrations of children from low-income fami-
lies.
‘‘(b) ALLOWABLE ACTIVITIES.—Such activities may
include—
‘‘(1) professional development for individuals
working as early childhood educators, particularly to
familiarize those individuals with the application of
recent research on child, language, and literacy devel-
opment and on early childhood pedagogy;
‘‘(2) professional development for early childhood
educators in working with parents, based on the best
current research on child social, emotional, physical
and cognitive development and parent involvement, so
that the educators can prepare their children to suc-
ceed in school;
‘‘(3) professional development for early childhood
educators to work with children who have limited
English proficiency, disabilities, and other special
needs;
‘‘(4) professional development to train early
childhood educators in identifying and preventing be-
518
HR 1 EAS
havioral problems in children or working with chil-
dren identified or suspected to be victims of abuse;
‘‘(5) activities that assist and support early
childhood educators during their first three years in
the field;
‘‘(6) development and implementation of early
childhood educator professional development programs
that make use of distance learning and other tech-
nologies;
‘‘(7) professional development activities related
to the selection and use of screening and diagnostic
assessments to improve teaching and learning; and
‘‘(8) data collection, evaluation, and reporting
needed to meet the requirements of this part relating
to accountability.
‘‘SEC. 2806. ACCOUNTABILITY.
‘‘(a) PERFORMANCE
INDICATORS.—Simultaneously
with the publication of any application notice for grants
under this part, the Secretary shall announce performance
indicators for this part, which shall be designed to
measure—
‘‘(1) the quality and accessibility of the profes-
sional development provided;
519
HR 1 EAS
‘‘(2) the impact of that professional development
on the early childhood education provided by the in-
dividuals who are trained; and
‘‘(3) such other measures of program impact as
the Secretary determines appropriate.
‘‘(b) ANNUAL REPORTS; TERMINATION.—
‘‘(1) ANNUAL REPORTS.—Each partnership re-
ceiving a grant under this part shall report annually
to the Secretary on the partnership’s progress against
the performance indicators.
‘‘(2) TERMINATION.—The Secretary may termi-
nate a grant under this part at any time if the Sec-
retary determines that the partnership is not making
satisfactory progress against the indicators.
‘‘SEC. 2807. COST-SHARING.
‘‘(a) IN GENERAL.—Each partnership shall provide,
from other sources, which may include other Federal
sources—
‘‘(1) at least 50 percent of the total cost of its
project for the grant period; and
‘‘(2) at least 20 percent of the project cost in
each year.
‘‘(b) ACCEPTABLE CONTRIBUTIONS.—A partnership
may meet the requirement of subsection (a) through cash
or in-kind contributions, fairly valued.
520
HR 1 EAS
‘‘(c) WAIVERS.—The Secretary may waive or modify
the requirements of subsection (a) in cases of demonstrated
financial hardship.
‘‘SEC. 2808. DEFINITIONS.
‘‘In this part:
‘‘(1) HIGH-NEED COMMUNITY.—
‘‘(A) IN
GENERAL.—The term ‘high-need
community’ means—
‘‘(i) a municipality, or a portion of a
municipality, in which at least 50 percent
of the children are from low-income fami-
lies; or
‘‘(ii) a municipality that is one of the
10 percent of municipalities within the
State having the greatest numbers of such
children.
‘‘(B) 
DETERMINATION.—In 
determining
which communities are described in subpara-
graph (A), the Secretary shall use such data as
the Secretary determines are most accurate and
appropriate.
‘‘(2) LOW-INCOME
FAMILY.—The term ‘low-in-
come family’ means a family with an income below
the poverty line (as defined by the Office of Manage-
ment and Budget and revised annually in accordance
521
HR 1 EAS
with section 673(2) of the Community Services Block
Grant Act (42 U.S.C. 9902(2))) applicable to a fam-
ily of the size involved for the most recent fiscal year
for which satisfactory data are available.
‘‘(3) EARLY CHILDHOOD EDUCATOR.—The term
‘early childhood educator’ means a person providing
or employed by a provider of non-residential child
care services (including center-based, family-based,
and in-home child care services) that is legally oper-
ating under State law, and that complies with appli-
cable State and local requirements for the provision
of child care services to children at any age from
birth through kindergarten.
‘‘SEC. 2809. FEDERAL COORDINATION.
‘‘The Secretary and the Secretary of Health and
Human Services shall coordinate activities under this part
and other early childhood programs administered by the
two Secretaries.
‘‘SEC. 2810. AUTHORIZATION OF APPROPRIATIONS.
‘‘For the purpose of carrying out this part, there are
authorized to be appropriated $30,000,000 for fiscal year
2002 and such sums as may be necessary for each of the
6 succeeding fiscal years.’’.
522
HR 1 EAS
SEC. 207. TEACHERS AND PRINCIPALS.
Part A of title II (as amended in section 201) is fur-
ther amended—
(1) by striking the title heading and all that fol-
lows through the part heading for part A and insert-
ing the following:
‘‘TITLE II—TEACHERS AND
PRINCIPALS
‘‘PART A—TEACHER AND PRINCIPAL QUALITY’’;
(2) in section 2101(1)—
(A) by striking ‘‘teacher quality’’ and in-
serting ‘‘teacher and principal quality’’; and
(B) by inserting before the semicolon ‘‘and
highly qualified principals and assistant prin-
cipals in schools’’;
(3) in section 2102—
(A) in paragraph (4)—
(i) in subparagraph (B)(ii), by strik-
ing ‘‘and’’;
(ii) in subparagraph (C), by striking
the period and inserting ‘‘; and’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(D) with respect to an elementary school
or secondary school principal, a principal—
523
HR 1 EAS
‘‘(i)(I) with at least a master’s degree
in educational administration and at least
3 years of classroom teaching experience; or
‘‘(II) who has completed a rigorous al-
ternative certification program that in-
cludes instructional leadership courses, an
internship under the guidance of an accom-
plished principal, and classroom teaching
experience; and
‘‘(ii) who is certified or licensed as a
principal by the State involved; and
‘‘(iii) who can demonstrate a high level
of competence as an instructional leader
with knowledge of theories of learning, cur-
ricula design, supervision and evaluation of
teaching and learning, assessment design
and application, child and adolescent devel-
opment, and public reporting and account-
ability.’’; and
(B) in paragraph (9)(B), by striking
‘‘teachers’’ each place it appears and inserting
‘‘teachers, principals, and assistant principals,’’;
(4) in section 2112(b)(4), by striking ‘‘teaching
force’’ and inserting ‘‘teachers, principals, and assist-
ant principals’’;
524
HR 1 EAS
(5) in section 2113(b)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘teacher’’ and insert-
ing ‘‘teacher and principal’’;
(ii) in subparagraph (A)—
(I) by inserting ‘‘(i)’’ after ‘‘(A)’’;
(II) by adding ‘‘and’’ after the
semicolon; and
(III) by adding at the end the fol-
lowing:
‘‘(ii) principals have the instructional lead-
ership skills to help teachers teach and students
learn;’’; and
(iii) in subparagraph (C), by inserting
‘‘, and principals have the instructional
leadership skills,’’ before ‘‘necessary’’;
(B) in paragraph (2), by striking ‘‘the ini-
tial teaching experience’’ and inserting ‘‘an ini-
tial experience as a teacher, principal, or an as-
sistant principal’’;
(C) in paragraph (3)—
(i) by striking ‘‘of teachers’’ and in-
serting ‘‘of teachers and principals’’;
525
HR 1 EAS
(ii) by striking ‘‘degree’’ and inserting
‘‘or master’s degree’’; and
(iii) by striking ‘‘teachers.’’ and insert-
ing ‘‘teachers or principals.’’; and
(D) in paragraph (7), by striking ‘‘teacher’’
and inserting ‘‘teacher and principal’’;
(6) in section 2122(c)(2)—
(A) by striking ‘‘and, where appropriate,
administrators,’’; and
(B) by inserting ‘‘and to give principals
and assistant principals the instructional leader-
ship skills to help teachers,’’ after ‘‘skills,’’;
(7) in section 2123(b)—
(A) in paragraph (2), by inserting ‘‘and
principal’’ before ‘‘mentoring’’;
(B) in paragraph (3), striking the period
and inserting ‘‘, nonprofit organizations, local
educational agencies, or consortia of appropriate
educational entities.’’; and
(C) in paragraph (4)—
(i) by striking ‘‘teachers’’ and inserting
‘‘teachers, principals, and assistant prin-
cipals’’; and
526
HR 1 EAS
(ii) by striking ‘‘teaching’’ and insert-
ing ‘‘employment as teachers, principals, or
assistant principals, respectively’’;
(8) in section 2133(a)(1)—
(A) by striking ‘‘, paraprofessionals, and, if
appropriate, principals’’ and inserting ‘‘and
paraprofessionals’’; and
(B) by striking the semicolon and inserting
the following: ‘‘and that principals and assistant
principals have the instructional leadership
skills that will help such principals and assist-
ant principals work most effectively with teach-
ers to help students master core academic sub-
jects;’’;
(9) in section 2134—
(A) in paragraph (1), by striking ‘‘teach-
ers’’ and inserting ‘‘teachers and principals’’;
and
(B) in paragraph (2)—
(i) by striking ‘‘teachers’’ and inserting
‘‘teachers and principals’’; and
(ii) by inserting ‘‘a principal organi-
zation,’’ after ‘‘teacher organization,’’; and
(10) in section 2142(a)(2), by striking subpara-
graph (A) and inserting the following:
527
HR 1 EAS
‘‘(A) shall establish for the local educational
agency an annual measurable performance objec-
tive for increasing retention of teachers, prin-
cipals, and assistant principals in the first 3
years of their careers as teachers, principals, and
assistant principals respectively; and’’.
TITLE 
III—MOVING 
LIMITED
ENGLISH 
PROFICIENT 
STU-
DENTS TO ENGLISH FLUENCY
SEC. 301. BILINGUAL EDUCATION.
Title III (20 U.S.C. 6511 et seq.) is amended to read
as follows:
‘‘TITLE 
III—BILINGUAL 
EDU-
CATION, 
LANGUAGE 
EN-
HANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
‘‘PART A—BILINGUAL EDUCATION
‘‘SEC. 3001. SHORT TITLE.
‘‘This part may be cited as the ‘Bilingual Education
Act’.
‘‘SEC. 3002. PURPOSE.
‘‘The purpose of this part is to help ensure that limited
English proficient students master English and meet the
same rigorous standards for academic performance as all
children and youth are expected to meet, including meeting
528
HR 1 EAS
challenging State content standards and challenging State
student performance standards in academic subjects by—
‘‘(1) promoting systemic improvement and re-
form of, and developing accountability systems for,
educational programs serving limited English pro-
ficient students;
‘‘(2) developing bilingual skills and multicul-
tural understanding;
‘‘(3) developing the English of limited English
proficient children and youth and, to the extent pos-
sible, the native language skills of such children and
youth;
‘‘(4) providing similar assistance to Native
Americans with certain modifications relative to the
unique status of Native American languages under
Federal law;
‘‘(5) developing data collection and dissemina-
tion, research, materials, and technical assistance that
are focused on school improvement for limited English
proficient students; and
‘‘(6) developing programs that strengthen and
improve the professional training of educational per-
sonnel who work with limited English proficient stu-
dents.
529
HR 1 EAS
‘‘SEC. 3003. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) BILINGUAL EDUCATION.—There are authorized to
be appropriated to carry out this part $700,000,000 for fis-
cal year 2002 and such sums as may be necessary for each
of the 6 succeeding fiscal years.
‘‘(b) STATE AND LOCAL GRANTS.—Notwithstanding
subsection (a), for any fiscal year for which the amount
of funds appropriated under subsection (a) is not less than
$700,000,000, the funds shall be used to carry out part D.
‘‘SEC. 3004. NATIVE AMERICAN CHILDREN IN SCHOOL.
‘‘(a) ELIGIBLE ENTITIES.—
‘‘(1) IN GENERAL.—For the purpose of carrying
out programs under this part for individuals served
by elementary schools, secondary schools, and postsec-
ondary schools operated predominately for Native
American (including Alaska Native) children and
youth, an Indian tribe, a tribally sanctioned edu-
cational authority, a Native Hawaiian or Native
American Pacific Islander native language education
organization, or an elementary school or secondary
school that is operated or funded by the Bureau of In-
dian Affairs shall be considered to be a local edu-
cational agency.
‘‘(2) DEFINITIONS.—In this section:
‘‘(A) INDIAN
TRIBE.—The term ‘Indian
tribe’ means any Indian tribe, band, nation, or
530
HR 1 EAS
other organized group or community, including
any Native village or Regional Corporation or
Village Corporation as defined in or established
pursuant to the Alaska Native Claims Settlement
Act, that is recognized as eligible for the special
programs and services provided by the United
States to Indians because of their status as Indi-
ans.
‘‘(B) TRIBALLY SANCTIONED EDUCATIONAL
AUTHORITY.—The term ‘tribally sanctioned edu-
cational authority’ means—
‘‘(i) any department or division of
education operating within the administra-
tive structure of the duly constituted gov-
erning body of an Indian tribe; and
‘‘(ii) any nonprofit institution or orga-
nization that is—
‘‘(I) chartered by the governing
body of an Indian tribe to operate any
school operated predominately for In-
dian children and youth or otherwise
to oversee the delivery of educational
services to members of that tribe; and
‘‘(II) approved by the Secretary
for the purpose of this section.
531
HR 1 EAS
‘‘(b) 
ELIGIBLE
ENTITY
APPLICATION.—Notwith-
standing any other provision of this part, each eligible enti-
ty described in subsection (a) shall submit any application
for assistance under this part directly to the Secretary
along with timely comments on the need for the program
proposed in the application.
‘‘SEC. 3005. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED STATES.
‘‘For the purpose of carrying out programs under this
part in the outlying areas, the term ‘local educational agen-
cy’ includes public institutions or agencies whose mission
is the preservation and maintenance of native languages.
‘‘Subpart 1—Bilingual Education Capacity and
Demonstration Grants
‘‘SEC. 3101. FINANCIAL ASSISTANCE FOR BILINGUAL EDU-
CATION.
‘‘The purpose of this subpart is to assist local edu-
cational agencies, institutions of higher education, and
community-based organizations, through the grants author-
ized under sections 3102 and 3103, to—
‘‘(1) develop and enhance their capacity to pro-
vide high-quality instruction through bilingual edu-
cation or special alternative instruction programs to
children and youth of limited English proficiency;
and
532
HR 1 EAS
‘‘(2) help such children and youth—
‘‘(A) develop proficiency in English, and to
the extent possible, their native language; and
‘‘(B) meet the same challenging State con-
tent standards and challenging State student
performance standards as all children and youth
are expected to meet under section 1111(b).
‘‘SEC. 3102. PROGRAM ENHANCEMENT PROJECTS.
‘‘(a) PURPOSE.—The purpose of this section is to—
‘‘(1) provide grants to eligible entities to provide
innovative, locally designed, high quality instruction
to children and youth of limited English proficiency;
‘‘(2) help children and youth develop proficiency
in the English language by expanding or strength-
ening instructional programs; and
‘‘(3) help children and youth attain the stand-
ards established under section 1111(b).
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) AUTHORITY.—
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to award grants to eligible entities hav-
ing applications approved under section 3104 to
enable such entities to carry out activities de-
scribed in paragraph (2).
533
HR 1 EAS
‘‘(B) PERIOD.—Each grant awarded under
this section shall be awarded for a period of 3
years.
‘‘(2) AUTHORIZED ACTIVITIES.—
‘‘(A) 
MANDATORY
ACTIVITIES.—Grants
awarded under this section shall be used for—
‘‘(i) developing, implementing, expand-
ing, or enhancing comprehensive preschool,
elementary, or secondary education pro-
grams for limited English proficient chil-
dren and youth, that are—
‘‘(I) aligned with State and local
content 
and 
student 
performance
standards, and local school reform ef-
forts; and
‘‘(II) coordinated with related
services for children and youth;
‘‘(ii) providing high quality profes-
sional development to classroom teachers,
administrators, and other school or commu-
nity-based organization personnel to im-
prove the instruction and assessment of lim-
ited English proficient students; and
‘‘(iii) annually assessing the English
proficiency of all limited English proficient
534
HR 1 EAS
students served by activities carried out
under this section.
‘‘(B) 
PERMISSIBLE
ACTIVITIES.—Grants
awarded under this section may be used for—
‘‘(i) implementing programs to up-
grade the reading and other academic skills
of limited English proficient students;
‘‘(ii) developing accountability systems
to monitor the academic progress of limited
English proficient and formerly limited
English proficient students;
‘‘(iii) implementing family education
programs and parent outreach and training
activities designed to assist parents to be-
come active participants in the education of
their children;
‘‘(iv) improving the instructional pro-
grams for limited English proficient stu-
dents by identifying, acquiring, and apply-
ing effective curricula, instructional mate-
rials (including materials provided through
technology), and assessments that are all
aligned with State and local standards;
‘‘(v) providing intensified instruction,
including tutorials and academic or career
535
HR 1 EAS
counseling, for children and youth who are
limited English proficient;
‘‘(vi) adapting best practice models for
meeting the needs of limited English pro-
ficient students;
‘‘(vii) assisting limited English pro-
ficient students with disabilities;
‘‘(viii) implementing applied learning
activities such as service learning to en-
hance and support comprehensive elemen-
tary and secondary bilingual education pro-
grams; and
‘‘(ix) carrying out such other activities
related to the purpose of this part as the
Secretary may approve.
‘‘(c) PRIORITY.—In awarding grants under this sec-
tion, the Secretary may give priority to an entity that—
‘‘(1) serves a school district—
‘‘(A) that has a total district enrollment
that is less than 10,000 students; or
‘‘(B) with a large percentage or number of
limited English proficient students; and
‘‘(2) has limited or no experience in serving lim-
ited English proficient students.
536
HR 1 EAS
‘‘(d) ELIGIBLE ENTITY.—In this section, the term ‘eli-
gible entity’ means—
‘‘(1) 1 or more local educational agencies;
‘‘(2) 1 or more local educational agencies in col-
laboration with an institution of higher education,
community-based organization, or State educational
agency; or
‘‘(3) a community-based organization or an in-
stitution of higher education that has an application
approved by the local educational agency to partici-
pate in programs carried out under this subpart by
enhancing early childhood education or family edu-
cation programs or conducting instructional pro-
grams that supplement the educational services pro-
vided by a local educational agency.
‘‘SEC. 3103. COMPREHENSIVE SCHOOL AND SYSTEMWIDE
IMPROVEMENT GRANTS.
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to provide financial assistance to schools
and local educational agencies for implementing bi-
lingual education programs, in coordination with
programs carried out under this title, for children
and youth of limited English proficiency;
537
HR 1 EAS
‘‘(2) to assist limited English proficient students
to meet the standards established under section
1111(b); and
‘‘(3) to improve, reform, and upgrade relevant
instructional programs and operations, carried out by
schools and local educational agencies, that serve sig-
nificant percentages of students of limited English
proficiency or significant numbers of such students.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) AUTHORITY.—The Secretary may award
grants to eligible entities having applications ap-
proved under section 3104 to enable such entities to
carry out activities described in paragraphs (2) and
(3).
‘‘(2) MANDATORY ACTIVITIES.—Grants awarded
under this section shall be used for—
‘‘(A) improving instructional programs for
limited English proficient students by acquiring
and upgrading curricula and related instruc-
tional materials;
‘‘(B) aligning the activities carried out
under this section with State and local school re-
form efforts;
‘‘(C) providing training, aligned with State
and local standards, to school personnel and par-
538
HR 1 EAS
ticipating community-based organization per-
sonnel to improve the instruction and assessment
of limited English proficient students;
‘‘(D) developing and implementing plans,
coordinated with plans for programs carried out
under title II of the Higher Education Act of
1965 (where applicable), and title II of this Act
(where applicable), to recruit teachers trained to
serve limited English proficient students;
‘‘(E) implementing culturally and linguis-
tically appropriate family education programs,
or parent outreach and training activities, that
are designed to assist parents to become active
participants in the education of their children;
‘‘(F) coordinating the activities carried out
under this section with other programs, such as
programs carried out under this title;
‘‘(G) providing services to meet the full
range of the educational needs of limited English
proficient students;
‘‘(H) annually assessing the English pro-
ficiency of all limited English proficient students
served by the activities carried out under this
section; and
539
HR 1 EAS
‘‘(I) developing or improving accountability
systems to monitor the academic progress of lim-
ited English proficient students.
‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded
under this section may be used for—
‘‘(A) implementing programs to upgrade
reading and other academic skills of limited
English proficient students;
‘‘(B) developing and using educational tech-
nology to improve learning, assessments, and ac-
countability to meet the needs of limited English
proficient students;
‘‘(C) implementing scientifically based re-
search programs to meet the needs of limited
English proficient students;
‘‘(D) providing tutorials and academic or
career counseling for limited English proficient
children and youth;
‘‘(E) developing and implementing State
and local content and student performance
standards for learning English as a second lan-
guage, as well as for learning other languages;
‘‘(F) developing and implementing pro-
grams for limited English proficient students to
540
HR 1 EAS
meet the needs of changing populations of such
students;
‘‘(G) implementing policies to ensure that
limited English proficient students have access to
other education programs (other than programs
designed to address limited English proficiency),
such as gifted and talented, vocational education,
and special education programs;
‘‘(H) assisting limited English proficient
students with disabilities;
‘‘(I) developing and implementing programs
to help all students become proficient in more
than 1 language; and
‘‘(J) carrying out such other activities re-
lated to the purpose of this part as the Secretary
may approve.
‘‘(4) SPECIAL
RULE.—A recipient of a grant
under this section, before carrying out activities
under this section, shall plan, train personnel, develop
curricula, and acquire or develop materials, but shall
not use funds made available under this section for
planning purposes for more than 90 days. The recipi-
ent shall commence carrying out activities under this
section not later than 90 days after the date of receipt
of the grant.
541
HR 1 EAS
‘‘(c) AVAILABILITY OF APPROPRIATIONS.—
‘‘(1) RESERVATION OF FUNDS FOR CONTINUED
PAYMENTS.—
‘‘(A) COVERED GRANT.—In this paragraph,
the term ‘covered grant’ means a grant—
‘‘(i) that was awarded under section
7114 or 7115 (as such sections were in effect
on the day before the date of enactment of
the Better Education for Students and
Teachers Act); and
‘‘(ii) for which the grant period has
not ended.
‘‘(B) RESERVATION.—For any fiscal year
that is part of the grant period of a covered
grant, the Secretary shall reserve funds for the
payments described in subparagraph (C) from
the amount appropriated for the fiscal year
under section 3003 and made available for car-
rying out this section.
‘‘(C) PAYMENTS.—The Secretary shall con-
tinue to make grant payments to each entity
that received a covered grant, for the duration of
the grant period of the grant, to carry out activi-
ties in accordance with the appropriate section
described in subparagraph (A)(i).
542
HR 1 EAS
‘‘(2) AVAILABILITY.—Of the amount appro-
priated for a fiscal year under section 3003 that is
made available for carrying out this section, and that
remains after the Secretary reserves funds for pay-
ments under paragraph (1)—
‘‘(A) not less than 1⁄3 of the remainder shall
be used to award grants for activities carried out
within an entire school district; and
‘‘(B) not less than 2⁄3 of the remainder shall
be used to award grants for activities carried out
within individual schools.
‘‘(d) ELIGIBLE ENTITIES.—In this section, the term
‘eligible entity’ means—
‘‘(1) 1 or more local educational agencies; or
‘‘(2) 1 or more local educational agencies, in col-
laboration with an institution of higher education,
community-based organization, or State educational
agency.
‘‘SEC. 3104. APPLICATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) SECRETARY.—To receive a grant under this
subpart, an eligible entity shall submit an applica-
tion to the Secretary at such time, in such form, and
containing such information as the Secretary may re-
quire.
543
HR 1 EAS
‘‘(2) STATE EDUCATIONAL AGENCY.—An eligible
entity, with the exception of schools funded by the Bu-
reau of Indian Affairs, shall submit a copy of the ap-
plication submitted by the entity under this section to
the State educational agency.
‘‘(b) STATE REVIEW AND COMMENTS.—
‘‘(1) DEADLINE.—The State educational agency,
not later than 45 days after receipt of an application
under this section, shall review the application and
submit the written comments of the agency regarding
the application to the Secretary.
‘‘(2) COMMENTS.—
‘‘(A) SUBMISSION OF COMMENTS.—Regard-
ing applications submitted under this subpart,
the State educational agency shall—
‘‘(i) submit to the Secretary written
comments regarding all such applications;
and
‘‘(ii) submit to each eligible entity the
comments that pertain to such entity.
‘‘(B) SUBJECT.—For purposes of this sub-
part, such comments shall address—
‘‘(i) how the activities to be carried out
under the grant will further the academic
achievement and English proficiency of lim-
544
HR 1 EAS
ited English proficient students served
under the grant; and
‘‘(ii) how the grant application is con-
sistent with the State plan required under
section 1111.
‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity
may submit to the Secretary comments that address the
comments submitted by the State educational agency.
‘‘(d) COMMENT CONSIDERATION.—In making grants
under this subpart, the Secretary shall take into consider-
ation comments made by State educational agencies.
‘‘(e) WAIVER.—Notwithstanding subsection (b), the
Secretary is authorized to waive the review requirement
specified in subsection (b) if a State educational agency can
demonstrate that such review requirement may impede such
agency’s ability to fulfill the requirements of participation
in the program authorized in section 3124, particularly
such agency’s ability to carry out data collection efforts and
such agency’s ability to provide technical assistance to local
educational agencies not receiving funds under this Act.
‘‘(f) REQUIRED DOCUMENTATION.—Such application
shall include documentation that—
‘‘(1) the applicant has the qualified personnel re-
quired to develop, administer, and implement the pro-
gram proposed in the application; and
545
HR 1 EAS
‘‘(2) the leadership personnel of each school par-
ticipating in the program have been involved in the
development and planning of the program in the
school.
‘‘(g) CONTENTS.—
‘‘(1) IN GENERAL.—An application for a grant
under this subpart shall contain the following:
‘‘(A) A description of the need for the pro-
posed program, including—
‘‘(i) data on the number of limited
English proficient students in the school or
school district to be served;
‘‘(ii) information on the characteristics
of such students, including—
‘‘(I) the native languages of the
students;
‘‘(II) the proficiency of the stu-
dents in English and their native lan-
guage;
‘‘(III) achievement data (current
as of the date of submission of the ap-
plication) for the limited English pro-
ficient students in—
546
HR 1 EAS
‘‘(aa) reading or language
arts (in English and in the native
language, if applicable); and
‘‘(bb) mathematics;
‘‘(IV) a comparison of that data
for the students with that data for the
English proficient peers of the students;
and
‘‘(V) the previous schooling experi-
ences of the students;
‘‘(iii) the professional development
needs of the instructional personnel who
will provide services for the limited English
proficient students under the proposed pro-
gram; and
‘‘(iv) how the services provided through
the grant will supplement the basic services
provided to limited English proficient stu-
dents.
‘‘(B) A description of the program to be im-
plemented and how such program’s design—
‘‘(i) relates to the linguistic and aca-
demic needs of the children and youth of
limited English proficiency to be served;
547
HR 1 EAS
‘‘(ii) will ensure that the services pro-
vided through the program will supplement
the basic services the applicant provides to
limited English proficient students;
‘‘(iii) will ensure that the program is
coordinated with other programs under this
Act and other Acts;
‘‘(iv) involves the parents of the chil-
dren and youth of limited English pro-
ficiency to be served;
‘‘(v) ensures accountability in achiev-
ing high academic standards; and
‘‘(vi) promotes coordination of services
for the children and youth of limited
English proficiency to be served and their
families.
‘‘(C) A description, if appropriate, of the
applicant’s collaborative activities with institu-
tions of higher education, community-based orga-
nizations, local educational agencies or State
educational agencies, private schools, nonprofit
organizations, or businesses in carrying out the
proposed program.
‘‘(D) An assurance that the applicant will
not reduce the level of State and local funds that
548
HR 1 EAS
the applicant expends for bilingual education or
special alternative instruction programs if the
applicant receives an award under this subpart.
‘‘(E) An assurance that the applicant will
employ teachers in the proposed program who,
individually or in combination, are proficient
in—
‘‘(i) English, with respect to written,
as well as oral, communication skills; and
‘‘(ii) the native language of the major-
ity of the students that the teachers teach, if
instruction in the program is in the native
language as well as English.
‘‘(F) A budget for the grant funds.
‘‘(2) ADDITIONAL INFORMATION.—Each applica-
tion for a grant under section 3103 shall—
‘‘(A) describe—
‘‘(i) current services (as of the date of
submission of the application) the applicant
provides to children and youth of limited
English proficiency;
‘‘(ii) what services children and youth
of limited English proficiency will receive
under the grant that such children or youth
will not otherwise receive;
549
HR 1 EAS
‘‘(iii) how funds received under this
subpart will be integrated with all other
Federal, State, local, and private resources
that may be used to serve children and
youth of limited English proficiency;
‘‘(iv) specific achievement and school
retention goals for the children and youth to
be served by the proposed program and how
progress toward achieving such goals will be
measured; and
‘‘(v) the current family education pro-
grams (as of the date of submission of the
application) of the eligible entity, if appli-
cable; and
‘‘(B) provide assurances that—
‘‘(i) the program funded with the grant
will be integrated with the overall edu-
cational program of the students served
through the proposed program; and
‘‘(ii) the application has been devel-
oped in consultation with an advisory coun-
cil, the majority of whose members are par-
ents and other representatives of the chil-
dren and youth to be served in such pro-
gram.
550
HR 1 EAS
‘‘(h) APPROVAL OF APPLICATIONS.—An application
for a grant under this subpart may be approved only if
the Secretary determines that—
‘‘(1) the program proposed in the application
will use qualified personnel, including personnel who
are proficient in the language or languages used for
instruction;
‘‘(2) in designing the program, the eligible entity
has, after consultation with appropriate private
school officials—
‘‘(A) taken into account the needs of chil-
dren in nonprofit private elementary schools and
secondary schools; and
‘‘(B) in a manner consistent with the num-
ber of such children enrolled in such schools in
the area to be served, whose educational needs
are of the type and whose language, and grade
levels are of a similar type to the needs, lan-
guage, and grade levels that the program is in-
tended to address, provided for the participation
of such children on a basis comparable to the
basis on which public school children participate;
‘‘(3)(A) student evaluation and assessment proce-
dures in the program are valid, reliable, and fair for
limited English proficient students; and
551
HR 1 EAS
‘‘(B) limited English proficient students with
disabilities will be identified and served through the
program in accordance with the requirements of the
Individuals with Disabilities Education Act;
‘‘(4) Federal funds made available for the pro-
gram will be used to supplement the State and local
funds that, in the absence of such Federal funds,
would be expended for special programs for children
of limited English proficient individuals, and in no
case to supplant such State and local funds, except
that nothing in this paragraph shall be construed to
preclude a local educational agency from using funds
made available under this subpart—
‘‘(A) for activities carried out under an
order of a Federal or State court respecting serv-
ices to be provided to such children; or
‘‘(B) to carry out a plan approved by the
Secretary as adequate under title VI of the Civil
Rights Act of 1964 with respect to services to be
provided to such children;
‘‘(5)(A) the assistance provided through the grant
will contribute toward building the capacity of the el-
igible entity to provide a program on a regular basis,
similar to the proposed program, that will be of suffi-
cient size, scope, and quality to promise significant
552
HR 1 EAS
improvement in the education of limited English pro-
ficient students; and
‘‘(B) the eligible entity will have the resources
and commitment to continue the program of sufficient
size, scope, and quality when assistance under this
subpart is reduced or no longer available; and
‘‘(6) the eligible entity will use State and na-
tional dissemination sources for program design and
dissemination of results and products.
‘‘(i) PRIORITIES AND SPECIAL RULES.—
‘‘(1) PRIORITY.—In approving applications for
grants for programs under this subpart, the Secretary
shall give priority to an applicant who—
‘‘(A) experiences a dramatic increase in the
number or percentage of limited English pro-
ficient students enrolled in the applicant’s pro-
grams and has limited or no experience in serv-
ing limited English proficient students;
‘‘(B) is a local educational agency that
serves a school district that has a total district
enrollment that is less than 10,000 students;
‘‘(C) demonstrates that the applicant has a
proven record of success in helping limited
English proficient children and youth learn
English and meet high academic standards;
553
HR 1 EAS
‘‘(D) proposes programs that provide for the
development of bilingual proficiency both in
English and another language for all partici-
pating students; or
‘‘(E) serves a school district with a large
number or percentage of limited English pro-
ficient students.
‘‘(2) CONSIDERATION.—In determining whether
to approve an application under this subpart, the
Secretary shall give consideration to the degree to
which the program for which assistance is sought in-
volves the collaborative efforts of institutions of higher
education, community-based organizations, the appro-
priate local educational agency and State educational
agency, or businesses.
‘‘(3) DUE
CONSIDERATION.—In determining
whether to approve an application under this sub-
part, the Secretary shall give due consideration to an
application that—
‘‘(A) provides for training for personnel
participating in or preparing to participate in
the program that will assist such personnel in
meeting State and local certification require-
ments; and
554
HR 1 EAS
‘‘(B) to the extent possible, describes how
credit at an institution of higher education will
be awarded for such training.
‘‘SEC. 3105. CAPACITY BUILDING.
‘‘Each recipient of a grant under this subpart shall
use the grant in ways that will build such recipient’s capac-
ity to continue to offer high-quality bilingual and special
alternative education programs and services to children and
youth of limited English proficiency after Federal assist-
ance is reduced or eliminated.
‘‘SEC. 3106. PROGRAMS FOR NATIVE AMERICANS AND PUER-
TO RICO.
‘‘Programs authorized under this subpart that serve
Native American children (including Native American Pa-
cific Islander children), and children in the Commonwealth
of Puerto Rico, notwithstanding any other provision of this
subpart, may include programs of instruction, teacher
training, curriculum development, evaluation, and testing
designed for Native American children and youth learning
and studying Native American languages and children and
youth of limited Spanish proficiency, except that 1 outcome
of such programs serving Native American children shall
be increased English proficiency among such children.
555
HR 1 EAS
‘‘SEC. 3107. EVALUATIONS.
‘‘(a) EVALUATION.—Each recipient of funds under this
subpart for a program shall annually conduct an evalua-
tion of the program and submit to the Secretary a report
concerning the evaluation, in the form prescribed by the
Secretary.
‘‘(b) USE OF EVALUATION.—Such evaluation shall be
used by the grant recipient—
‘‘(1) for program improvement;
‘‘(2) to further define the program’s goals and
objectives; and
‘‘(3) to determine program effectiveness.
‘‘(c) EVALUATION REPORT COMPONENTS.—In pre-
paring the evaluation reports, the recipient shall—
‘‘(1) use the data provided in the application
submitted by the recipient under section 3104 as base-
line data against which to report academic achieve-
ment and gains in English proficiency for students in
the program;
‘‘(2) disaggregate the results of the evaluation by
gender, language groups, and whether the students
have disabilities;
‘‘(3) include data on the progress of the recipient
in achieving the objectives of the program, including
data demonstrating the extent to which students
served by the program are meeting the State’s student
556
HR 1 EAS
performance standards, and including data com-
paring limited English proficient students with
English proficient students with regard to school re-
tention and academic achievement concerning—
‘‘(A) reading and language arts;
‘‘(B) English proficiency;
‘‘(C) mathematics; and
‘‘(D) the native language of the students if
the program develops native language pro-
ficiency;
‘‘(4) include information on the extent that pro-
fessional development activities carried out through
the program have resulted in improved classroom
practices and improved student performance;
‘‘(5) include a description of how the activities
carried out through the program are coordinated and
integrated with the other Federal, State, or local pro-
grams serving limited English proficient children and
youth; and
‘‘(6) include such other information as the Sec-
retary may require.
‘‘SEC. 3108. CONSTRUCTION.
‘‘Nothing in this subpart shall be construed to prohibit
a local educational agency from serving limited English
proficient children and youth simultaneously with students
557
HR 1 EAS
with similar educational needs, in the same educational set-
tings where appropriate.
‘‘Subpart 2—Research, Evaluation, and
Dissemination
‘‘SEC. 3121. AUTHORITY.
‘‘(a) IN GENERAL.—The Secretary is authorized to
conduct data collection, dissemination, research, and ongo-
ing program evaluation activities in accordance with the
provisions of this subpart for the purpose of improving bi-
lingual education and special alternative instruction pro-
grams for children and youth of limited English pro-
ficiency.
‘‘(b) COMPETITIVE AWARDS.—Research and program
evaluation activities carried out under this subpart shall
be supported through competitive grants, contracts and co-
operative agreements awarded to institutions of higher edu-
cation, nonprofit organizations, State educational agencies,
and local educational agencies.
‘‘(c) ADMINISTRATION.—The Secretary shall conduct
data collection, dissemination, and ongoing program eval-
uation activities authorized by this subpart through the Of-
fice of Bilingual Education and Minority Language Af-
fairs.
558
HR 1 EAS
‘‘SEC. 3122. RESEARCH.
‘‘(a) ADMINISTRATION.—The Secretary shall conduct
research activities authorized by this subpart through the
Office of Educational Research and Improvement in coordi-
nation and collaboration with the Office of Bilingual Edu-
cation and Minority Language Affairs.
‘‘(b) REQUIREMENTS.—Such research activities—
‘‘(1) shall have a practical application to teach-
ers, counselors, paraprofessionals, school administra-
tors, parents, and others involved in improving the
education of limited English proficient students and
their families;
‘‘(2) may include research on effective instruc-
tional practices for multilingual classes, and on effec-
tive instruction strategies to be used by a teacher or
other staff member who does not know the native lan-
guage of a limited English proficient child or youth
in the teacher’s or staff member’s classroom;
‘‘(3) may include establishing (through the Na-
tional Center for Education Statistics in consultation
with experts in bilingual education, second language
acquisition, 
and 
English-as-a-second-language) 
a
common definition of ‘limited English proficient stu-
dent’ for purposes of national data collection; and