136
‘‘(3) includes strong academic content and ped-
agogical components;
‘‘(4) is of sufficient intensity and duration to
have a positive and lasting impact on the teacher’s
performance in the classroom; and
‘‘(5) is part of the everyday life of the school
and creates an orientation toward continuous im-
provement throughout the school.
‘‘AUTHORIZATION OF APPROPRIATIONS; ALLOCATION
BETWEEN SUBPARTS
‘‘SEC. 2103. (a) AUTHORIZATION
OF APPROPRIA-
TIONS.—For the purpose of carrying out this part, there
are authorized to be appropriated such sums as may be
necessary for each of the fiscal years 1995 through 1999.
‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the
funds appropriated to carry out this part for any fiscal
year, the Secretary shall use—
‘‘(1) 6 percent to carry out subpart 1; and
‘‘(2) 94 percent to carry out subpart 2.
‘‘Subpart 1—Federal Activities
‘‘PROGRAM AUTHORIZED
‘‘SEC. 2111. (a) PROGRAM AUTHORIZED.—The Sec-
retary is authorized to make grants to, and enter into con-
tracts and cooperative agreements with, local educational
agencies, State educational agencies, State agencies for
higher education, institutions of higher education, and
137
other public and private agencies, organizations, and insti-
tutions to—
‘‘(1) support activities of national significance
that will contribute to the development and imple-
mentation of high-quality professional development
activities in the core academic subject areas; and
‘‘(2) evaluate activities carried out under this
subpart and under subpart 2.
‘‘(b) COORDINATION WITH OTHER AGENCIES.—In
carrying out this program, the Secretary shall consult and
coordinate with the National Science Foundation, the Na-
tional Endowment for the Humanities, the National En-
dowment for the Arts, and other appropriate Federal
agencies and entities.
‘‘AUTHORIZED ACTIVITIES
‘‘SEC. 2112. The Secretary shall use funds available
to carry out this subpart for activities that help meet the
purposes of this part, such as—
‘‘(1) providing seed money to eligible entities to
develop their capacity to offer sustained and inten-
sive high-quality professional development;
‘‘(2) professional development institutes that
provide teams of teachers, or teachers and adminis-
trators, from individual schools, with professional
development that contains strong and integrated dis-
ciplinary and pedagogical components;
138
‘‘(3) encouraging the development of local and
national professional networks that provide a forum
for interaction among teachers of the core academic
subjects and that allow the exchange of information
on advances in content and pedagogy;
‘‘(4) supporting the National Board for Profes-
sional Teaching Standards;
‘‘(5) the development and dissemination of
teaching standards in the core academic subjects;
‘‘(6) the development of exemplary methods of
assessing teachers, other staff, and administrators
for licensure and certification;
‘‘(7) activities that promote the transferability
of licensure and certification of teachers and admin-
istrators among State and local jurisdictions;
‘‘(8) the development and testing of incentive
strategies for motivating teachers and administra-
tors to help increase their effectiveness through pro-
fessional development focused on teaching and learn-
ing and giving all students the opportunity to learn
to challenging State standards;
‘‘(9) the dissemination of information about vol-
untary national content and performance standards
and related models of high-quality professional de-
velopment;
139
‘‘(10) the development and maintenance of a
national clearinghouse for science, mathematics, and
technology education materials and of such other
clearinghouses for core academic subjects as the Sec-
retary determines are needed;
‘‘(11) joint activities with other Federal agen-
cies and entities engaged in or supporting similar
professional development efforts;
‘‘(12) support for consortia of education agen-
cies and organizations to disseminate information
and provide assistance regarding teaching methods
and assessment tools that support national or State
content standards in mathematics and science; and
‘‘(13) the evaluation of programs under this
subpart and under subpart 2.
‘‘Subpart 2—State and Local Activities
‘‘PROGRAM AUTHORIZED
‘‘SEC. 2121. The Secretary is authorized to make
grants to State educational agencies for the support of
sustained and intensive high-quality professional develop-
ment activities in the core academic subjects at the State
and local levels.
‘‘ALLOCATION OF FUNDS
‘‘SEC. 2122. (a) RESERVATION OF FUNDS.—From
the amount made available to carry out this subpart for
any fiscal year, the Secretary shall—
140
‘‘(1) reserve one half of one percent for the out-
lying areas, to be distributed among them on the
basis of their relative need, as determined by the
Secretary in light of the purposes of this part; and
‘‘(2) reserve one quarter of one percent for the
Secretary of the Interior for programs under this
subpart for professional development activities for
teachers, other staff, and administrators in schools
operated or funded by the Bureau of Indian Affairs.
‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo-
cate the remaining amount to each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico as follows, except that no State shall receive less than
one-half of one percent of such remaining amount:
‘‘(1) 50 percent shall be allocated among such
jurisdictions on the basis of their relative popu-
lations of individuals aged five through 17, as deter-
mined by the Secretary on the basis of the most re-
cent satisfactory data.
‘‘(2) 50 percent shall be allocated among such
jurisdictions in accordance with the relative amounts
such jurisdictions received under part A of title I of
this Act for the preceding fiscal year.
‘‘(c) REALLOCATION.—If any jurisdiction does not
apply for its allotment under subsection (b) for any fiscal
141
year, the Secretary shall reallocate such amount to the re-
maining jurisdictions in accordance with that subsection.
‘‘WITHIN-STATE ALLOCATIONS
‘‘SEC. 2123. Of the amounts received by any State
under this subpart for any fiscal year—
‘‘(1) not more than six percent shall be used for
the administrative costs of programs carried out by
the State educational agency and the State agency
for higher education;
‘‘(2) not more than 7.5 percent may be used for
State-level activities, as described in section 2126;
and
‘‘(3) of the remaining amount—
‘‘(A) 85 percent shall be distributed to
local educational agencies, to be used in accord-
ance with section 2129, as follows:
‘‘(i) 50 percent of such amount shall
be distributed in accordance with the rel-
ative population of individuals aged five
through 17 in each such agency.
‘‘(ii) 50 percent of such amount shall
be distributed in accordance with the rel-
ative amount such agencies received under
part A of title I of this Act for the preced-
ing fiscal year; and
143
ment under this subpart for any fiscal year shall submit
an application to the Secretary at such time and in such
form as the Secretary may require.
‘‘(b) PROFESSIONAL
DEVELOPMENT
PLAN.—(1)
Each application under this section shall include a State
plan for professional development that—
‘‘(A) is integrated with the State’s plan, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already ad-
dressed by that State plan; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act and
satisfies the requirements of this section.
‘‘(2) A State plan submitted under paragraph (1)(A)
may, if necessary, be submitted as an amendment to the
State’s plan under title III of the Goals 2000: Educate
America Act.
‘‘(3) Each such plan shall also—
‘‘(A) be developed in conjunction with the State
agency for higher education, institutions of higher
education, schools of education, and with the exten-
144
sive participation of local teachers and administra-
tors and show the role of each in implementation;
‘‘(B) be designed to give teachers and adminis-
trators in the State the knowledge and skills to pro-
vide all students the opportunity to meet challenging
State performance standards;
‘‘(C) include an assessment of State and local
needs for professional development specifically relat-
ed to subparagraph (B);
‘‘(D) describe a strategy for addressing the
need for teacher development beginning with recruit-
ment, pre-service, and induction, and continuing
throughout the professional teaching career;
‘‘(E) describe specific steps for the reform of
State requirements for licensure of teachers and ad-
ministrators, 
including 
certification 
and
recertification, to align them with challenging State
content and performance standards;
‘‘(F) describe how the State will work with
teachers, administrators, local educational agencies,
schools, and institutions of higher education to en-
sure that they develop the capacity to support sus-
tained and intensive, high-quality professional devel-
opment programs in the core academic subject areas;
145
‘‘(G) describe how the State will use technology,
including the emerging national information infra-
structure, to enhance the professional development
of teachers and administrators;
‘‘(H) describe how the State will ensure a
strong focus on professional development in mathe-
matics and science;
‘‘(I) describe how the State will provide incen-
tives to teachers and administrators to focus their
professional development on preparing themselves to
provide instruction consistent with challenging State
content and performance standards; and
‘‘(J) set specific outcome performance indica-
tors for professional development.
‘‘(c) ADDITIONAL MATERIAL.—Each State applica-
tion shall also include—
‘‘(1) a description of how the activities funded
under this subpart will be coordinated, as appro-
priate, with—
‘‘(A) other activities conducted with Fed-
eral funds, especially those supported under
part A of title I of this Act;
‘‘(B) State and local funds;
‘‘(C) resources from business and industry;
and
146
‘‘(D) funds from other Federal agencies,
such as the National Science Foundation, the
Departments of Commerce, Energy, and Health
and Human Services, the National Endowment
for the Arts, and the National Endowment for
the Humanities; and
‘‘(2) a description of the activities to be spon-
sored under the State-level activities and the higher
education components of its program under this sub-
part.
‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—
(1) The Secretary shall approve the application of a State
educational agency if it meets the requirements of this sec-
tion and holds reasonable promise of achieving the pur-
poses of this part.
‘‘(2) In reviewing applications, the Secretary shall ob-
tain the advice of non-Federal experts on education in the
core academic subjects and on teacher education, includ-
ing teachers and administrators.
‘‘STATE-LEVEL ACTIVITIES
‘‘SEC. 2126. Each State may use funds reserved
under section 2123(2) to carry out activities referred to
in section 2125(b), such as—
‘‘(1) reviewing and reforming State require-
ments for teacher and administrator licensure, in-
cluding certification and recertification, to align
147
these requirements with the State’s content stand-
ards and ensure that teachers and administrators
have the knowledge and skills to help students meet
challenging State performance standards;
‘‘(2) developing performance assessments and
peer review procedures, as well as other methods, for
licensing teachers and administrators;
‘‘(3) providing technical assistance to schools
and local educational agencies to help them provide
effective professional development in the core aca-
demic subjects;
‘‘(4) developing or supporting professional de-
velopment networks, either within a State or in a re-
gional consortium of States, that provide a forum
for interaction among teachers and that allow ex-
change of information on advances in content and
pedagogy;
‘‘(5) professional development in the effective
use of educational technology as an instructional tool
for increasing student understanding of the core
academic subject areas;
‘‘(6) providing financial or other incentives for
teachers to become certified by the National Board
for Professional Teaching Standards;
148
‘‘(7) designing systems that enable teachers to
meet pay ladder professional development require-
ments by demonstrating content knowledge and ped-
agogical competence tied to challenging State con-
tent and performance standards, rather than by
merely completing course credits;
‘‘(8) providing incentives for teachers to be in-
volved in assessment, curriculum development, and
technical assistance processes for teachers and stu-
dents;
‘‘(9) professional development to enable teach-
ers and other school staff to ensure that girls and
young women, minorities, limited English proficient
students, individuals with disabilities, and the eco-
nomically disadvantaged have full opportunity to
achieve to challenging State performance standards
in the core academic subjects by, for example, en-
couraging girls and young women and minorities to
pursue advanced courses in mathematics and
science; and
‘‘(10) professional development activities de-
signed to increase the numbers of members of mi-
nority and other underrepresented groups in the
teaching force in the core subjects.
149
‘‘LOCAL EDUCATIONAL AGENCY APPLICATIONS
‘‘SEC. 2127. (a) APPLICATIONS
REQUIRED.—(1)
Each local educational agency that wishes to receive a
subgrant under this subpart shall submit an application
to the State educational agency at such time as the State
educational agency may require, but not less frequently
than every third year.
‘‘(2) If the local educational agency has an applica-
tion approved by the State under title III of the Goals
2000: Educate America Act, the application required by
this section shall be a component of (or, if necessary, an
addendum to) its Goals 2000 application.
‘‘(b) APPLICATION
CONTENTS.—Each application
under this section shall include—
‘‘(1) the local educational agency’s plan for pro-
fessional development that has been developed with
the extensive participation of teachers and adminis-
trators and that—
‘‘(A) is aligned with the State’s content
and performance standards;
‘‘(B) includes an assessment of local needs
for professional development as identified by
the local educational agency and school staff;
150
‘‘(C) describes a strategy, tied to State
content and performance standards, for ad-
dressing those needs;
‘‘(D) includes strong academic content and
pedagogical components;
‘‘(E) is of sufficient intensity and duration
to have a positive and lasting impact on the
teacher’s performance in the classroom; and
‘‘(F) sets specific outcome performance in-
dicators;
‘‘(2) an assurance that the activities conducted
with such agency’s funds received under this pro-
gram will be assessed at least every three years
using the outcome performance indicators to deter-
mine the effectiveness of those activities;
‘‘(3) a description of how the programs funded
under this subpart will be coordinated, as appro-
priate, with—
‘‘(A) services of institutions of higher edu-
cation;
‘‘(B) State and local funds;
‘‘(C) resources provided under part A of
title I and other parts of this Act;
‘‘(D) resources from business and industry;
and
151
‘‘(E) funds from other Federal agencies,
such as the National Science Foundation, the
Department of Energy, the Department of
Health and Human Services, the National En-
dowment for the Arts, and the National Endow-
ment for the Humanities; and
‘‘(4) an identification of the sources of funding
that will provide the local educational agency’s con-
tribution under section 2128.
‘‘LOCAL COST-SHARING
‘‘SEC. 2128. (a) GENERAL.—Each local educational
agency shall bear at least 33 percent of the cost of any
program carried out under this subpart, but not including
the cost of services provided to private schoolteachers.
‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—
A local educational agency may meet the requirement of
subsection (a) through one or more of the following:
‘‘(1) Cash expenditures from non-Federal
sources directed toward professional development ac-
tivities.
‘‘(2) Released time for teachers participating in
professional development funded under this subpart.
‘‘(3) Funds received under one or more of the
following programs, so long as they are used for pro-
fessional development activities consistent with this
subpart and the statutes under which those funds
152
were received, and are used to benefit students and
teachers in schools that would otherwise have been
served with those funds:
‘‘(A) Part A of title I of this Act.
‘‘(B) The Safe and Drug-Free Schools pro-
gram under title IV of this Act.
‘‘(C) The bilingual education program
under title VII of this Act.
‘‘(D) Title III of the Goals 2000: Educate
America Act.
‘‘(E) Programs that are related to the pur-
poses of this Act that are administered by other
agencies, including, but not limited to, the Na-
tional Science Foundation, the National Endow-
ment for the Humanities, the National Endow-
ment for the Arts, and the Department of En-
ergy.
‘‘LOCAL ALLOCATION OF FUNDS AND ALLOWABLE
ACTIVITIES
‘‘SEC. 2129. (a) LOCAL ALLOCATION OF FUNDS.—
Each local educational agency that receives funds under
this subpart for any fiscal year—
‘‘(1) shall use at least 80 percent of such funds
for professional development of teachers and other
staff of individual schools in a manner that is deter-
mined by such teachers and staff and is consistent
153
with the local educational agency’s application under
section 2127, any school plan under part A of title
I of this Act, and any other plan for professional de-
velopment carried out with Federal, State, or local
funds; and
‘‘(2) may use not more than 20 percent of such
funds for district-level professional development ac-
tivities, which may include the participation of ad-
ministrators and policy-makers.
‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu-
cational agency and school that receives funds under this
subpart shall use those funds for activities that contribute
to the implementation of the local educational agency’s
professional development plan described in section
2127(b)(1), such as—
‘‘(1) professional development for teams of
teachers, administrators, or other staff from individ-
ual schools, to support teaching consistent with
State or voluntary national content standards and to
create a school environment conducive to high
achievement in the core subjects;
‘‘(2) support and time for teachers and other
school staff to participate in professional develop-
ment in the core subjects offered through profes-
sional associations, universities, and other providers;
154
‘‘(3) support and time for teachers and other
school staff to participate in professional develop-
ment that goes beyond training and encourages a
variety of forms of learning that are related to an
educator’s regular work, such as group study and
consultation with peers and supervisors;
‘‘(4) peer training and mentoring programs, in-
cluding cross-generational mentoring, in the core
academic subjects;
‘‘(5) establishment and maintenance of local
professional networks that provide a forum for inter-
action among teachers and that allow exchange of
information on advances in content and pedagogy;
‘‘(6) activities that provide follow-up for teach-
ers who have participated in professional develop-
ment activities that are designed to ensure that the
knowledge and skills learned by the teacher are im-
plemented in the classroom;
‘‘(7) preparing teachers to work with parents
and families on fostering student achievement in the
core academic subjects;
‘‘(8) preparing teachers in the effective use of
educational technology as an instructional tool for
increasing student understanding of the core aca-
demic subject areas;
155
‘‘(9) establishing policies to permit teachers to
meet pay ladder requirements by demonstrating con-
tent and pedagogical competence rather than by only
meeting course requirements;
‘‘(10) professional development to enable teach-
ers and other school staff to ensure that girls and
young women, minorities, limited English proficient
students, individuals with disabilities, and the eco-
nomically disadvantaged have full opportunity to
achieve to challenging State performance standards
in the core academic subjects;
‘‘(11) professional development activities de-
signed to increase the numbers of minorities, indi-
viduals with disabilities, and other underrepresented
groups in the teaching force and to increase the
numbers 
of 
women 
and 
members 
of 
other
underrepresented groups who are science and mathe-
matics teachers, for example, through career ladder
programs that assist educational paraprofessionals
to obtain teaching credentials;
‘‘(12) developing incentive strategies for re-
warding teachers and administrators collectively in
schools that sustain high performance or consistent
growth in the number of their students who met the
challenging State performance standards; and
156
‘‘(13) developing incentive strategies for re-
warding schools where a substantial portion of the
teachers achieve certification by the National Board
for Professional Teaching Standards.
‘‘HIGHER EDUCATION ACTIVITIES
‘‘SEC. 2130. (a) GENERAL.—(1) The State agency
for higher education, working in conjunction with the
State educational agency (if it is a separate agency), shall
make grants to, or enter into contracts or cooperative
agreements with, institutions of higher education working
in conjunction with local educational agencies, for profes-
sional development activities in the core academic subject
areas that contribute to the State plan for professional
development.
‘‘(2) All such awards shall be made on a competitive
basis.
‘‘(3) Each project funded under this section shall in-
volve a joint effort of the recipient’s school or department
of education and the schools or departments in the specific
disciplines in which such professional development will be
provided.
‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds
under this section shall use those funds for—
‘‘(1) sustained and intensive high-quality pro-
fessional development for teams of teachers, or
159
‘‘(3) The term ‘sustained and intensive high-
quality professional development’ means professional
development activities that—
‘‘(A) are tied to challenging State or vol-
untary national content and performance stand-
ards;
‘‘(B) reflect up-to-date research in teach-
ing and learning and include integrated content
and pedagogical components;
‘‘(C) are of sufficient intensity and dura-
tion to have a positive and lasting impact on
the teacher’s performance in the classroom or
the administrator’s performance on the job; and
‘‘(D) recognize teachers as an important
source of knowledge that should inform and
help shape professional development.
‘‘PART B—SUPPORT AND ASSISTANCE FOR ESEA
PROGRAMS
‘‘FINDINGS
‘‘SEC. 2201. The Congress finds that—
‘‘(1) high-quality technical assistance can en-
hance the improvements in teaching and learning
achieved through the implementation of programs
under this Act;
160
‘‘(2) comprehensive technical assistance is an
essential ingredient of the overall strategy of the
1994 reauthorization of this Act to improve pro-
grams and to provide all children opportunities to
meet challenging State performance standards;
‘‘(3) States, local educational agencies, and
schools serving students with special needs, such as
students with limited English proficiency, have great
need for comprehensive technical assistance in order
to use funds under this Act to provide such students
with opportunities to learn to challenging State
standards;
‘‘(4) current technical assistance efforts are
fragmented and categorical in nature, and thus fail
to address adequately the needs of States and local
educational agencies for help in integrating into a
coherent strategy for improving teaching and learn-
ing the various programs under this Act with State
and local programs and other education reform ef-
forts;
‘‘(5) too little creative use is made of technology
as a means of providing information and assistance
in a cost-effective way;
‘‘(6) comprehensive technical assistance can
help schools and school systems focus on improving
161
opportunities for all children to reach challenging
State performance standards, as they implement
programs under this Act;
‘‘(7) comprehensive technical assistance would
provide ‘one-stop shopping’ to help States, local edu-
cational agencies, participating colleges and univer-
sities, and schools integrate Federal, State, and local
education programs in ways that contribute to im-
proving schools and entire school systems; and
‘‘(8) technical assistance in support of pro-
grams under this Act should be coordinated with the
Department’s regional offices, the regional edu-
cational laboratories, and other technical assistance
efforts supported by the Department.
‘‘PURPOSE
‘‘SEC. 2202. The purpose of this part is to make
available to States, local educational agencies, schools, and
other recipients of funds under this Act technical assist-
ance in—
‘‘(1) administering and implementing programs
authorized by this Act in a manner that is consistent
with State and local plans under the Goals 2000:
Educate America Act; and
‘‘(2) coordinating those programs with other
Federal, State, and local education activities, so that
162
all students are provided opportunities to meet chal-
lenging State performance standards.
‘‘PROGRAM AUTHORIZED
‘‘SEC. 2203. (a) COMPREHENSIVE REGIONAL CEN-
TERS.—The Secretary is authorized to establish one cen-
ter in each of the Department’s ten regions to provide
comprehensive technical assistance to States, local edu-
cational agencies, schools, and other recipients of funds
under this Act in their administration and implementation
of programs authorized by this Act. In allocating resources
among the centers, the Secretary shall consider the geo-
graphic distribution of students with special needs.
‘‘(b) 
TECHNOLOGY-BASED
TECHNICAL
ASSIST-
ANCE.—The Secretary is also authorized to provide a tech-
nology-based technical assistance service that will—
‘‘(1) support the administration and implemen-
tation of programs authorized by this Act by provid-
ing information, including legal and regulatory infor-
mation, and technical guidance and information
about best practices; and
‘‘(2) be accessible to all States, local edu-
cational agencies, schools, and others who are recipi-
ents of funds under this Act.
‘‘ELIGIBLE ENTITIES
‘‘SEC. 2204. The Secretary may carry out this part
directly or through grants to, or contracts or cooperative
163
agreements with, public or private agencies or organiza-
tions or consortia of those agencies and organizations.
‘‘COMPREHENSIVE REGIONAL CENTERS
‘‘SEC. 2205. Each comprehensive regional center es-
tablished under section 2203(a) shall—
‘‘(1) maintain staff expertise in at least all of
the following areas:
‘‘(A) Instruction, curriculum improvement,
school reform, and other aspects of title I of
this Act.
‘‘(B) Meeting the needs of children served
under this Act, including children in high-pov-
erty areas, migratory children, children with
limited English proficiency, neglected or delin-
quent children, homeless children and youth,
Indian children, and children with disabilities.
‘‘(C) Professional development for teach-
ers, other school staff, and administrators to
help students meet challenging State perform-
ance standards.
‘‘(D) Bilingual education, including pro-
grams that emphasize English and native lan-
guage proficiency, and promote multicultural
understanding.
‘‘(E) Safe and drug-free schools.
164
‘‘(F) Educational applications of tech-
nology.
‘‘(G) Parent involvement and participation.
‘‘(H) The reform of schools and school sys-
tems.
‘‘(I) Program evaluation;
‘‘(2) ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how
to integrate and coordinate programs under this Act
with each other, as well as with other Federal, State,
and local programs and reforms;
‘‘(3) work collaboratively with the Department’s
regional offices;
‘‘(4) provide technical assistance using the
highest quality and most cost-effective strategies
possible;
‘‘(5) provide information and assistance regard-
ing exemplary and promising practices;
‘‘(6) work collaboratively, and coordinate the
services it provides, with the general reform assist-
ance provided by the regional educational labora-
tories supported by the Office of Educational Re-
search and Improvement; and
165
‘‘(7) consult with representatives of State edu-
cational agencies, local educational agencies, and
populations served under this Act.
‘‘INFORMATION COLLECTION AND EVALUATION
‘‘SEC. 2206. The Secretary shall evaluate activities
under this part to determine their effectiveness in advanc-
ing the purposes of this part, and report to the President
and Congress on the effectiveness of such activities.
‘‘TRANSITION
‘‘SEC. 2207. (a) GENERAL.—The Secretary may use
funds appropriated for this part for fiscal year 1995 in
such manner as the Secretary finds necessary in order to
ensure a smooth implementation of this part.
‘‘(b) EXTENSION OF PREVIOUS CENTERS.—In ac-
cordance with subsection (a), and notwithstanding any
other provisions of law, the Secretary may use such funds
for existing contracts and to extend the award of any cat-
egorical technical assistance center under this Act that
was in operation on the day before enactment of the Im-
proving America’s Schools Act of 1993.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 2208. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1995
through 1999.
166
‘‘TITLE III—EXPANDING OPPORTUNITIES FOR
LEARNING
‘‘PART A—PUTTING TECHNOLOGY TO WORK FOR ALL
STUDENTS
‘‘Subpart 1—Research, Development, and Demonstration
of Educational Technology
‘‘FINDINGS AND PURPOSES
‘‘SEC. 3111. (a) FINDINGS.—The Congress finds
that—
‘‘(1) technology has the potential to assist and
support the improvement of teaching and learning in
schools and other settings;
‘‘(2) technology can provide students, parents,
teachers, and other education professionals with in-
creased access to information, instruction, and edu-
cational services in schools and other settings, in-
cluding homes, libraries, preschool and child-care fa-
cilities, and postsecondary institutions;
‘‘(3) technology can produce far greater oppor-
tunities for all students to learn to high standards
and to promote efficiency and effectiveness in edu-
cation; and
‘‘(4) the rapidly changing nature of technology
requires coordination and flexibility in Federal lead-
ership.
167
‘‘(b) PURPOSES.—The purposes of this subpart are
to promote achievement of the National Education Goals
and to increase the opportunity for all students to achieve
to challenging State standards by—
‘‘(1) promoting awareness of the potential of
technology for improving teaching and learning;
‘‘(2) supporting State and local efforts to in-
crease the effective use of technology for education;
‘‘(3) demonstrating ways in which technology
can be used to improve teaching and learning, and
to help ensure that all students have an equal oppor-
tunity to meet challenging State education stand-
ards;
‘‘(4) ensuring the availability of knowledge
drawn from research and experience that can form
the basis for sound State and local decisions about
investment in, and effective uses of, educational
technology;
‘‘(5) promoting high-quality professional devel-
opment opportunities for teachers and administra-
tors on the integration of technology into instruction
and administration;
‘‘(6) ensuring that Federal technology-related
policies and programs facilitate the use of technology
in education; and
168
‘‘(7) ensuring that, as technological advances
are made, the educational uses of these advances are
considered and their applications are developed.
‘‘OFFICE OF EDUCATIONAL TECHNOLOGY
‘‘SEC. 3112. There is established in the Department
an Office of Educational Technology, which shall be ad-
ministered by a Director of Educational Technology ap-
pointed by the Secretary. The Office of Educational Tech-
nology, in consultation with other appropriate agencies,
shall provide leadership to the Nation in the use of tech-
nology to promote achievement of the National Education
Goals and to increase opportunities for all students to
achieve to challenging State standards, and shall perform
such additional functions as the Secretary may require.
‘‘NATIONAL LONG-RANGE PLAN
‘‘SEC. 3113. (a) IN GENERAL.—(1) The Secretary
shall develop and publish by September 30, 1995, and up-
date when appropriate, a national long-range plan to carry
out the purposes of this subpart.
‘‘(2) The Secretary shall—
‘‘(A) develop the plan in consultation with other
Federal agencies, State and local education practi-
tioners and policy-makers, experts in technology and
the educational applications of technology, and pro-
viders of technology services and products;
169
‘‘(B) transmit the plan to the President and to
the appropriate committees of the Congress; and
‘‘(C) publish the plan in a form that is readily
accessible to the public.
‘‘(b) CONTENTS OF THE PLAN.—The national long-
range plan shall describe the Secretary’s activities to pro-
mote the purposes of this subpart, including—
‘‘(1) how the Secretary will encourage the effec-
tive use of technology to provide all students the op-
portunity to achieve to challenging State standards,
especially through programs administered by the De-
partment;
‘‘(2) joint activities with other Federal agencies,
such as the National Endowment for the Human-
ities, the National Endowment for the Arts, the Na-
tional Aeronautics and Space Administration, the
National Science Foundation, and the Departments
of Commerce, Energy, Health and Human Services,
and Labor, to promote the use of technology in edu-
cation, and training and lifelong learning, including
plans for the educational uses of a national informa-
tion infrastructure, and to ensure that the policies
and programs of such agencies facilitate the use of
technology for educational purposes to the extent
feasible;
170
‘‘(3) how the Secretary will work with edu-
cators, State and local educational agencies, and ap-
propriate representatives of the private sector to fa-
cilitate the effective use of technology in education;
‘‘(4) how the Secretary will promote—
‘‘(A) increased access to the benefits of
technology for teaching and learning for schools
with high concentrations of children from low-
income families;
‘‘(B) the use of technology to assist in the
implementation of State systemic reform strate-
gies;
‘‘(C) the application of technological ad-
vances to use in education; and
‘‘(D) increased opportunities for the pro-
fessional development of teachers in the use of
new technologies;
‘‘(5) how the Secretary will determine, in con-
sultation with appropriate individuals, organizations,
and agencies, the feasibility and desirability of estab-
lishing guidelines and protocols to facilitate effective
use of technology in education; and
‘‘(6) the Secretary’s long-range measurable
goals and objectives relating to the purposes of this
subpart.
171
‘‘FEDERAL LEADERSHIP
‘‘SEC. 3114. (a) PROGRAM AUTHORIZED.—(1) In
order to provide Federal leadership in promoting the use
of technology in education, the Secretary, in consultation
with the National Science Foundation, the Department of
Commerce, and other appropriate Federal agencies, may
carry out activities designed to achieve the purposes of this
subpart directly or by awarding grants (pursuant to a peer
review process) to, or entering into contracts with, State
educational agencies, local educational agencies, institu-
tions of higher education, or other public and private non-
profit or for-profit agencies and organizations.
‘‘(2) For the purpose of carrying out coordinated or
joint activities consistent with the purposes of this sub-
part, the Secretary may accept funds from, and transfer
funds to, other Federal agencies.
‘‘(b) USES OF FUNDS.—The Secretary may use funds
appropriated under this subpart for activities designed to
carry out the purpose of this subpart, and to meet the
goals and objectives of the national long-range plan under
section 3113, including—
‘‘(1) planning grants to States and local edu-
cation agencies, to enable such entities to examine
and develop strategies for the effective use of tech-
nology to help achieve the objectives of the Goals
172
2000: Educate America Act and the School-to-Work
Opportunities Act of 1993;
‘‘(2) development grants to technical assistance
providers, to enable them to improve substantially
the services they offer to educators on the edu-
cational uses of technology, including professional
development;
‘‘(3) consulting with representatives of industry,
elementary and secondary education, higher edu-
cation, and appropriate experts in technology and its
educational applications in carrying out activities
under this subpart;
‘‘(4) research on, and the development of,
guidelines and protocols to facilitate efficient and ef-
fective use of technology in education;
‘‘(5) research on, and the development of, edu-
cational applications of the most advanced and newly
emerging technologies;
‘‘(6) the development, demonstration, and eval-
uation of applications of existing technology in pre-
school education, elementary and secondary edu-
cation, training and lifelong learning, and profes-
sional development of educational personnel;
‘‘(7) the development and evaluation of software
and other products, including television program-
173
ming, that incorporate advances in technology and
help achieve the National Education Goals and chal-
lenging State standards;
‘‘(8) the development, demonstration, and eval-
uation of model strategies for preparing teachers
and other personnel to use technology effectively to
improve teaching and learning;
‘‘(9) the development of model programs to
demonstrate the educational effectiveness of tech-
nology in urban and rural areas and economically-
distressed communities;
‘‘(10) research on, and the evaluation of, the ef-
fectiveness and benefits of technology in education;
‘‘(11) conferences on, and dissemination of in-
formation about, the uses of technology in education;
‘‘(12) the development of model strategies to
promote gender equity concerning access to, and the
use of, technology in the classroom; and
‘‘(13) such other activities as the Secretary de-
termines would meet the purposes of this subpart.
‘‘(c) NON-FEDERAL SHARE.—(1) Subject to para-
graph (2), the Secretary is authorized to require any recip-
ient of a grant or contract under this subpart to share
in the cost of its project, which share shall be announced
174
through a notice in the Federal Register and may be in
the form of cash or in-kind contributions, fairly valued.
‘‘(2) The Secretary may increase the non-Federal
share required of such recipient after the first year of the
recipient’s project, except that such share may not exceed
50 percent at any time during the recipient’s project.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 3115. For the purpose of carrying out this sub-
part, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1995
through 1999.
‘‘Subpart 2—Star Schools Program
‘‘FINDINGS
‘‘SEC. 3121. The Congress finds that—
‘‘(1) the Star Schools program has helped to
encourage the use of distance learning strategies to
serve multi-State regions primarily by means of sat-
ellite and broadcast television;
‘‘(2) in general, distance learning programs
have been used effectively to provide students in
small, rural, and isolated schools with courses and
instruction, such as science and foreign language in-
struction, that the local educational agency would
not otherwise have been able to provide; and
‘‘(3) distance learning programs could also be
used to—
175
‘‘(A) provide students in all types of
schools and local educational agencies with
greater access to high-quality instruction in the
full range of core academic subjects that would
enable them to meet challenging, internationally
competitive, educational standards;
‘‘(B) expand professional development op-
portunities for teachers;
‘‘(C) contribute to achievement of the Na-
tional Education Goals; and
‘‘(D) expand learning opportunities for ev-
eryone.
‘‘STATEMENT OF PURPOSE
‘‘SEC. 3122. The purpose of this subpart is to encour-
age the expansion and use of distance learning programs
and technologies to help—
‘‘(1) improve teaching and learning;
‘‘(2) achieve the National Education Goals;
‘‘(3) all students learn to challenging State con-
tent standards; and
‘‘(4) increase participation in State and local
educational reform.
‘‘PROGRAM AUTHORIZED
‘‘SEC. 3123. (a) STAR SCHOOL AWARDS.—The Sec-
retary is authorized, in accordance with this subpart, to
make grants to eligible entities for the Federal share of
176
the cost of providing distance learning programs, includ-
ing—
‘‘(1) developing, constructing, and acquiring
telecommunications facilities and equipment;
‘‘(2) developing and acquiring instructional pro-
gramming; and
‘‘(3) providing technical assistance regarding
the use of such facilities and instructional program-
ming.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this subpart, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 1995 through 1999.
‘‘(c) LIMITATIONS.—(1) A grant under this section
shall not exceed—
‘‘(A) five years in duration; and
‘‘(B) $10,000,000 in any one fiscal year.
‘‘(2) Not less than 25 percent of the funds available
to the Secretary for any fiscal year under this subpart
shall be used for the cost of instructional programming.
‘‘(3) Not less than 50 percent of the funds available
to the Secretary for any fiscal year under this subpart
shall be used for the cost of facilities, equipment, teacher
training or retraining, technical assistance, or program-
177
ming, for local educational agencies that are eligible to re-
ceive assistance under part A of title I of this Act.
‘‘(d) FEDERAL SHARE.—(1) The Federal share of
the cost of projects funded under this section shall not
exceed 75 percent for the first and second years of the
award, 60 percent for the third and fourth years, and 50
percent for the fifth year.
‘‘(2) The Secretary may reduce or waive the require-
ment of the non-Federal share under paragraph (1) upon
a showing of financial hardship.
‘‘(e) AUTHORITY TO ACCEPT FUNDS FROM OTHER
AGENCIES.—The Secretary is authorized to accept funds
from other agencies to carry out the purposes of this sec-
tion, including funds for the purchase of equipment.
‘‘ELIGIBLE ENTITIES
‘‘SEC. 3124. (a) ELIGIBLE ENTITIES.—(1) The Sec-
retary may make a grant under section 3123 to any eligi-
ble entity, provided that at least one local educational
agency is participating in the proposed project.
‘‘(2) An eligible entity may include—
‘‘(A) a public agency or corporation established
for the purpose of developing and operating tele-
communications networks to enhance educational op-
portunities provided by educational institutions,
teacher training centers, and other entities, except
that any such agency or corporation shall represent
178
the interests of elementary and secondary schools
that are eligible to participate in the program under
part A of title I of this Act; or
‘‘(B) any two or more of the following, which
will provide a telecommunications network:
‘‘(i) a local educational agency that has a
significant number of elementary and secondary
schools that are eligible for assistance under
part A of title I of this Act, or elementary and
secondary schools operated or funded for Indian
children by the Department of the Interior eli-
gible under section 1121(b)(1) of this Act;
‘‘(ii) a State educational agency;
‘‘(iii) an institution of higher education or
a State higher education agency;
‘‘(iv) a teacher training center or academy
that—
‘‘(I) provides teacher pre-service and
in-service training; and
‘‘(II) receives Federal financial assist-
ance or has been approved by a State
agency;
‘‘(v)(I) a public or private entity with expe-
rience and expertise in the planning and oper-
ation of a telecommunications network, includ-
179
ing entities involved in telecommunications
through satellite, cable, telephone, or computer;
or
‘‘(II) a public broadcasting entity with
such experience; or
‘‘(vi) a public or private elementary or sec-
ondary school.
‘‘APPLICATIONS
‘‘SEC. 3125. (a) GENERAL REQUIREMENT.—Each el-
igible entity that desires to receive a grant under this sub-
part shall submit an application to the Secretary in such
form, at such time, and containing such information and
assurances as the Secretary may require.
‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each
application for a grant authorized under section 3123
shall—
‘‘(1) describe—
‘‘(A) how the proposed project will assist
in achieving the National Education Goals set
out in title I of the Goals 2000: Educate Amer-
ica Act, how it will assist all students to have
an opportunity to learn to challenging State
standards, and how it will assist State and local
educational reform efforts;
180
‘‘(B) the telecommunications facilities and
equipment and technical assistance for which
assistance is sought, which may include—
‘‘(i) the design, development, con-
struction, and acquisition of district,
multidistrict, State, or multistate edu-
cational telecommunications networks and
technology resource centers;
‘‘(ii) microwave, fiber optics, cable,
and satellite transmission equipment, or
any combination thereof;
‘‘(iii) reception facilities, satellite time,
production 
facilities, 
and 
other 
tele-
communications equipment capable of serv-
ing the intended geographic area;
‘‘(iv) the provision of training services
to instructors who will be using the facili-
ties and equipment for which assistance is
sought in using such facilities and equip-
ment, and in integrating programs into the
class curriculum; and
‘‘(v) the development of educational
and related programming for use on a tele-
communications network;
181
‘‘(C) the types of programming that will be
developed to enhance instruction and training,
including an assurance that such programming
will be designed in consultation with profes-
sionals who are experts in the applicable subject
matter and grade level;
‘‘(D) how the eligible entity has engaged in
sufficient survey and analysis of the area to be
served to ensure that the services offered by the
eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geog-
raphy, or other disciplines;
‘‘(E) the professional development policies
for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for
which assistance is sought;
‘‘(F) the manner in which historically un-
derserved students (such as students from low-
income families, limited English proficient stu-
dents, disabled students, or students who have
low literacy skills) and their families will par-
ticipate in the benefits of the telecommuni-
cations facilities, equipment, technical assist-
182
ance, and programming assisted under this sub-
part;
‘‘(G) 
how 
existing 
telecommunications
equipment, facilities, and services, where avail-
able, will be used;
‘‘(H) the activities or services for which as-
sistance is sought, such as—
‘‘(i) providing facilities, equipment,
training services, and technical assistance;
‘‘(ii) making programs accessible to
individuals with disabilities through mecha-
nisms such as closed captioning and de-
scriptive video services;
‘‘(iii) linking networks around issues
of national importance (such as elections)
or to provide information about employ-
ment opportunities, job training, or stu-
dent and other social service programs;
‘‘(iv) sharing curriculum materials be-
tween networks;
‘‘(v) providing teacher and student
support services;
‘‘(vi) incorporating community re-
sources such as libraries and museums into
instructional programs;
183
‘‘(vii) providing professional develop-
ment for teachers, including, as appro-
priate, training to early childhood develop-
ment and Head Start teachers and staff
and vocational education teachers and
staff; and
‘‘(viii) providing programs for adults
at times other than the regular school day
in order to maximize the use of tele-
communications facilities and equipment;
and
‘‘(I) how the proposed project as a whole
will be financed and how arrangements for fu-
ture financing will be developed before the
project expires;
‘‘(2) provide an assurance that a significant
portion of any facilities, equipment, technical assist-
ance, and programming for which assistance is
sought for elementary and secondary schools will be
made available to schools in local educational agen-
cies that have a high percentage of children counted
for the purpose of part A of title I of this Act; and
‘‘(3) provide an assurance that the applicant
will provide such information and cooperate in any
184
evaluation that the Secretary may conduct under
this subpart.
‘‘(c) PRIORITIES.—The Secretary shall, in approving
applications for grants authorized under section 3123,
give priority to applications that—
‘‘(1) propose high-quality plans to assist in
achieving one or more of the National Education
Goals as set out in title I of the Goals 2000: Edu-
cate America Act, would provide instruction consist-
ent with State content standards, or would otherwise
provide significant and specific assistance to States
and local educational agencies undertaking systemic
education reform under title III of the Goals 2000:
Educate America Act; and
‘‘(2) would serve schools with significant num-
bers of children counted for the purposes of part A
of title I of this Act.
‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap-
plications for grants authorized under section 3123, the
Secretary shall, to the extent feasible, ensure an equitable
geographic distribution of services.
‘‘LEADERSHIP AND EVALUATION ACTIVITIES
‘‘SEC. 3126. (a) SET-ASIDE.—From amounts appro-
priated under section 3123(b), the Secretary may reserve
up to 10 percent for national leadership, evaluation, and
peer review activities.
185
‘‘(b) METHOD OF FUNDING.—The Secretary may
fund the activities described in subsection (a) directly or
through grants, contracts, and cooperative agreements.
‘‘(c) USES OF FUNDS.—(1) Funds reserved for lead-
ership activities may be used for—
‘‘(A) disseminating information, including lists
and descriptions of services available from recipients;
and
‘‘(B) other activities designed to enhance the
quality of distance learning activities nationwide.
‘‘(2) Funds reserved for evaluation activities shall be
used to conduct independent evaluations of the Star
Schools program under this subpart and of distance learn-
ing in general, including—
‘‘(A) analyses of distance learning efforts, in-
cluding both Star Schools projects and efforts not
funded by the program under this subpart; and
‘‘(B) comparisons of the effects, including stu-
dent outcomes, of different technologies in distance
learning efforts.
‘‘(3) Funds reserved for peer review activities may
be used for peer review of both proposals and funded
projects.
‘‘DEFINITIONS
‘‘SEC. 3127. For the purpose of this subpart, the fol-
lowing terms have the following meanings:
186
‘‘(1) The term ‘educational institution’ means
an institution of higher education, a local edu-
cational agency, or a State educational agency.
‘‘(2) The term ‘instructional programming’
means courses of instruction and training courses
for elementary and secondary students, teachers,
and others, and materials for use in such instruction
and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented
by means of telecommunications devices.
‘‘(3) The term ‘public broadcasting entity’ has
the same meaning given that term in section 397 of
the Communications Act of 1934.
‘‘PART B—FUND FOR THE IMPROVEMENT OF
EDUCATION
‘‘FUND FOR THE IMPROVEMENT OF EDUCATION
‘‘SEC. 3201. (a) FUND AUTHORIZED.—From funds
appropriated under subsection (d), the Secretary is au-
thorized to support nationally significant programs and
projects to improve the quality of education, assist all stu-
dents to meet challenging standards, and contribute to
achievement of the National Education Goals. The Sec-
retary is authorized to carry out such programs and
projects directly or through grants to, or contracts with,
State and local education agencies, institutions of higher
187
education, and other public and private agencies, organi-
zations, and institutions.
‘‘(b) USES OF FUNDS.—(1) Funds under this section
may be used for—
‘‘(A) activities that will promote systemic edu-
cation reform at the State and local levels, such as—
‘‘(i) research and development related to
content and performance standards for student
learning; and
‘‘(ii) the development and evaluation of
model strategies for assessment of student
learning, professional development for teachers
and administrators, parent and community in-
volvement, and other aspects of systemic re-
form;
‘‘(B) demonstrations at the State and local lev-
els that are designed to yield nationally significant
results, including approaches to public school choice
and school based decision-making;
‘‘(C) joint activities with other agencies to as-
sist the effort to achieve the National Education
Goals, including activities related to improving the
transition from preschool to school and from school
to work, as well as activities related to the integra-
tion of education and health and social services;
188
‘‘(D) activities to promote and evaluate counsel-
ing 
and 
mentoring 
for 
students, 
including
intergenerational mentoring;
‘‘(E) activities to promote comprehensive health
education;
‘‘(F) activities to promote environmental edu-
cation;
‘‘(G) activities to assist students to demonstrate
competence in foreign languages;
‘‘(H) studies and evaluation of various edu-
cation reform strategies and innovations being pur-
sued by the Federal Government, States, and local
educational agencies;
‘‘(I) the identification and recognition of exem-
plary schools and programs, such as Blue Ribbon
Schools; and
‘‘(J) other programs and projects that meet the
purposes of this section.
‘‘(2) The Secretary may also use funds under this
section to complete the project periods for direct grants
or contracts awarded under the provisions of the Elemen-
tary and Secondary Education Act of 1965, part B of title
III of the Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement Amendments
of 1988, or title III of the Education for Economic Secu-
189
rity Act, as these Acts were in effect on the day before
enactment of the Improving America’s Schools Act of
1993.
‘‘(c) AWARDS.—(1) The Secretary may make awards
under this section on the basis of competitions announced
by the Secretary and may also support meritorious unso-
licited proposals.
‘‘(2) The Secretary shall ensure that projects and ac-
tivities supported under this section are designed so that
their effectiveness is readily ascertainable.
‘‘(3) The Secretary shall use a peer review process
in reviewing applications for grants under this section and
may use funds appropriated under subsection (d) for this
purpose.
‘‘(d) AUTHORIZATION.—For the purpose of carrying
out this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years
1995 through 1999.
‘‘PART C—JACOB K. JAVITS GIFTED AND TALENTED
EDUCATION PROGRAM
‘‘FINDINGS AND PURPOSE
‘‘SEC. 3301. (a) FINDINGS.—The Congress finds
that—
‘‘(1) all students can learn to high standards;
190
‘‘(2) all students must develop their talents, re-
alize their potential, and learn to high standards if
the United States is to prosper;
‘‘(3) too often, schools fail to challenge students
to do their best work, and students who are not
challenged will not fully develop their talents, realize
their potential, and learn to high standards;
‘‘(4) schools must provide all students with im-
portant and challenging subject matter to study and
encourage the habits of hard work;
‘‘(5) during the past 20 years, programs for
gifted and talented students have served as labora-
tories for innovative and experimental approaches to
teaching and learning;
‘‘(6) many programs developed for gifted and
talented students, when used with disadvantaged
students, have shown promise in achieving better re-
sults than remedial programs;
‘‘(7) the experience and knowledge gained in
developing and implementing programs for gifted
and talented students can and should be used to de-
velop a rich and challenging curriculum for all stu-
dents;
‘‘(8) the Federal Government should encourage
the adaptation of strategies used in programs for
191
gifted and talented students to help all students de-
velop their talents, realize their potential, and learn
to high standards, while also continuing to challenge
gifted and talented students; and
‘‘(9) examples of programs and strategies in
which students can and have learned to the highest
standards will help to demonstrate how all students
can learn to high standards.
‘‘(b) PURPOSE.—The purpose of this part is to dem-
onstrate how strategies and programs designed for the
education of gifted and talented students can be adapted
and used to improve teaching and learning for all students
in a school and to help all students in a school develop
their talents, realize their potential, and meet challenging
performance standards, while not diminishing the curricu-
lum and instruction for students traditionally identified as
gifted and talented. Such strategies and programs shall,
at a minimum—
‘‘(1) contain important and challenging aca-
demic content;
‘‘(2) elicit complex thinking and understanding
in students;
‘‘(3) engage students in learning and allow
them to progress at their own pace; and
192
‘‘(4) use performance measures that assess
whether students have developed a thorough under-
standing of the important and challenging subject
matter contained in the school curriculum.
‘‘AUTHORIZED PROGRAMS
‘‘SEC. 3302. (a) ESTABLISHMENT OF PROGRAM.—
From the sums appropriated under section 3305(a) for
any fiscal year that are remaining after the reservation
of funds pursuant to section 3305(b), the Secretary shall
make grants to, or enter into contracts with, State edu-
cational agencies, local educational agencies, institutions
of higher education, or other public agencies or private
agencies and organizations (including Indian tribes and
organizations, as defined by the Indian Self-Determination
and Education Assistance Act, and Native Hawaiian orga-
nizations) to assist such agencies, schools, institutions,
and organizations to carry out the purpose of this part.
‘‘(b) APPLICATION.—Any eligible applicant that wish-
es to receive funds under this part shall submit an applica-
tion to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
‘‘(c) USES
OF FUNDS.—(1) A recipient of funds
under this part shall use those funds for activities that
are designed to meet the purpose of this part. Such activi-
ties may include—
193
‘‘(A) developing, implementing, and expanding
new programs that adapt strategies or programs de-
signed for gifted and talented students to serve all
students (including gifted and talented students) in
a school or in several schools;
‘‘(B) adapting and expanding existing programs
for gifted and talented students to serve all students
(including gifted and talented students) in a school
or in several schools;
‘‘(C) implementing innovative strategies, such
as cooperative learning and peer tutoring, for ex-
panding programs that serve gifted and talented stu-
dents into programs that serve all the students (in-
cluding gifted and talented students) in a school;
‘‘(D) establishing and operating cooperative
programs involving business, industry, and edu-
cation;
‘‘(E) establishing and operating summer pro-
grams; and
‘‘(F) strengthening the capability of State edu-
cational agencies and institutions of higher edu-
cation to provide leadership and assistance to local
educational agencies and nonprofit private schools in
adapting strategies and programs for educating gift-
194
ed and talented students to improve education for all
students (including gifted and talented students).
‘‘(2) Each project assisted under this part that pro-
vides services to students shall, by the end of the period
for which assistance is sought (but in no case later than
the end of the third year of assistance under this part)
serve all the students (including gifted and talented stu-
dents) in a school.
‘‘(d) NON-FEDERAL SHARE.—(1) Subject to para-
graph (2), the Secretary is authorized to require any recip-
ient of a grant or contract under this part to share in
the cost of its project, which share shall be announced
through a notice in the Federal Register and may be in
the form of cash or in-kind contributions, fairly valued.
‘‘(2) The Secretary may increase the non-Federal
share required of such recipient after the first year of the
recipient’s project, except that such share may not exceed
50 percent at any time during the recipient’s project.
‘‘PROGRAM PRIORITIES
‘‘SEC. 3303. In making awards under this part, the
Secretary shall ensure that for each fiscal year at least
one-half of the awards made contain a component de-
signed to serve schools in which at least 50 percent of the
students in the school are children counted under section
1123(c)(1)(A) of this Act (children from low-income fami-
lies).
195
‘‘NATIONAL RESPONSIBILITIES
‘‘SEC. 3304. (a) PROGRAM OPERATIONS.—The Sec-
retary shall ensure that the programs under this part are
administered within the Department of Education by a
person who has recognized professional qualifications and
experience in the field of the education of gifted and tal-
ented students and who shall serve as a focal point of na-
tional leadership and information on mechanisms to carry
out the purpose of this part.
‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—
The Secretary shall—
‘‘(1) use a peer review process in reviewing ap-
plications under this part;
‘‘(2) ensure that information on the activities
and results of projects funded under this part is dis-
seminated to appropriate State and local agencies
and other appropriate organizations, including non-
profit private organizations; and
‘‘(3) evaluate the effectiveness of programs
under this part, both in terms of the impact on stu-
dents traditionally served in separate gifted and tal-
ented programs and on other students, and submit
the results of such evaluation to Congress by Janu-
ary 1, 1999.
196
‘‘(c) APPLIED RESEARCH AND DEVELOPMENT.—The
Secretary may conduct, in coordination with other appro-
priate offices of the Department, applied research and de-
velopment of theories, strategies, and models that further
the purpose of this part.
‘‘(d) GRANT AND CONTRACT AUTHORITY.—The Sec-
retary may carry out the activities under subsections (a),
(b), and (c) directly or through grants or contracts.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 3305. (a) IN GENERAL.—For the purpose of
carrying out this part, there are authorized to be appro-
priated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
‘‘(b) RESERVATION.—In order to carry out the pur-
pose of this part, the Secretary may reserve not more than
15 percent of the sum appropriated under subsection (a)
for any fiscal year for activities under section 3304(b).
‘‘DEFINITIONS
‘‘SEC. 3306. For the purpose of this part, the follow-
ing terms have the following meanings:
‘‘(1) The term ‘Native Hawaiian’ means any in-
dividual any of whose ancestors were natives prior to
1778 of the area that now comprises the State of
Hawaii.
‘‘(2) The term ‘Native Hawaiian organization’
means any organization recognized by the Governor
197
of the State of Hawaii and primarily serving and
representing Native Hawaiians.
‘‘PART D—CHARTER SCHOOLS
‘‘FINDINGS AND PURPOSE
‘‘SEC. 3401. (a) FINDINGS.—The Congress finds
that—
‘‘(1) enhancement of parent and student choices
among public schools can assist in promoting com-
prehensive educational reform and give more stu-
dents the opportunity to learn to challenging State
academic standards, if sufficiently diverse and high-
quality choices, and genuine opportunities to take
advantage of them, are available to all students;
‘‘(2) useful examples of such choices can come
from States and communities that experiment with
methods of offering teachers and other educators,
parents, and other members of the public the oppor-
tunity to design and implement new public schools;
‘‘(3) the new schools developed through this
process should be free to test a variety of edu-
cational approaches and should, therefore, be ex-
empted from restrictive rules and regulations if their
leadership commits to attaining specific and ambi-
tious educational results for students consistent with
198
challenging State content and performance stand-
ards for all students;
‘‘(4) charter schools, as they have been imple-
mented in a few States, can embody the necessary
mixture of enhanced choice, exemption from restric-
tive regulations, and a focus on learning gains; and
‘‘(5) the Federal Government should test, evalu-
ate, and disseminate information on a variety of
charter school models in order to help demonstrate
the benefits of this promising educational reform.
‘‘(b) PURPOSE.—It is the purpose of this part to in-
crease national understanding of the charter schools model
by—
‘‘(1) providing financial assistance for the de-
sign and initial implementation of charter schools;
and
‘‘(2) evaluating the effects of those schools, in-
cluding their effects on students, staff, and parents.
‘‘PROGRAM AUTHORIZED
‘‘SEC. 3402. (a) GENERAL.—The Secretary may
make grants to eligible applicants for the design and ini-
tial operation of charter schools.
‘‘(b) PROJECT PERIODS.—Each such grant shall be
for a period of not more than three years, of which the
grantee may use—
199
‘‘(1) no more than 18 months for planning and
program design; and
‘‘(2) no more than two years for the initial im-
plementation of the charter school.
‘‘(c) LIMITATION.—The Secretary shall not make
more than one grant to support a particular charter
school.
‘‘APPLICATIONS
‘‘SEC. 3403. (a) APPLICATIONS REQUIRED.—Any eli-
gible applicant that desires to receive a grant under this
part shall submit an application to the Secretary at such
time and in such manner as the Secretary may require.
‘‘(b) SCOPE OF APPLICATION.—Each such applica-
tion may request assistance for a single charter school or
for a cluster of schools, which may include a high school
and its feeder elementary and middle schools, within a
community.
‘‘(c) APPLICATION CONTENTS.—Each such applica-
tion shall include, for each charter school for which assist-
ance is sought—
‘‘(1) a description of the educational program
to be implemented by the proposed charter school,
including—
‘‘(A) how the program will enable all stu-
dents to meet challenging State performance
standards;
200
‘‘(B) the grade levels or ages of children to
be served; and
‘‘(C) the curriculum and instructional
practices to be used;
‘‘(2) a description of how the school will be
managed;
‘‘(3) a description of—
‘‘(A) the objectives of the school; and
‘‘(B) the methods by which the school will
determine its progress toward achieving those
objectives;
‘‘(4) a description of the administrative rela-
tionship between the charter school and the local
educational agency or State educational agency that
will authorize or approve the school’s charter and
act as the grantee under this part;
‘‘(5) a description of how parents and other
members of the community will be involved in the
design and implementation of the charter school;
‘‘(6) a description of how the State or local edu-
cational agency, as the case may be, will provide for
continued operation of the school once the Federal
grant has expired, if such agency determines that
the school is successful;
201
‘‘(7) a request and justification for waivers of
any Federal statutory or regulatory provisions that
the applicant believes are necessary for the success-
ful operation of the charter school, and a description
of any State or local rules, generally applicable to
public schools, that will be waived for, or otherwise
not apply to, the school;
‘‘(8) a description of how the grant funds would
be used;
‘‘(9) a description of how grant funds would be
used in conjunction with other Federal programs ad-
ministered by the Secretary;
‘‘(10) a description of how students in the com-
munity will be—
‘‘(A) informed about the school; and
‘‘(B) given an equal opportunity to attend
the school;
‘‘(11) an assurance that the applicant will an-
nually provide the Secretary such information as the
Secretary may require to determine if the charter
school is making satisfactory progress toward achiev-
ing the objectives described under paragraph (3);
‘‘(12) an assurance that the applicant will co-
operate with the Secretary in evaluating the pro-
gram authorized by this part; and
202
‘‘(13) such other information and assurances as
the Secretary may require.
‘‘(d) STATE EDUCATIONAL AGENCY APPROVAL RE-
QUIRED.—(1) A local educational agency that desires to
receive a grant under this part shall obtain the State edu-
cational agency’s approval of its application before submit-
ting it to the Secretary.
‘‘(2) A State educational agency that approves an ap-
plication of a local educational agency shall provide the
local educational agency, and such local agency shall in-
clude in its application to the Secretary, a statement that
the State has granted, or will grant, the waivers and ex-
emptions from State requirements described in such local
agency’s application.
‘‘SELECTION OF GRANTEES; WAIVERS
‘‘SEC. 3404. (a) CRITERIA.—The Secretary shall se-
lect projects to be funded on the basis of the quality of
the applications, taking into consideration such factors
as—
‘‘(1) the quality of the proposed curriculum and
instructional practices;
‘‘(2) the degree of flexibility afforded by the
State and, if applicable, the local educational agency
to the school;
‘‘(3) the extent of community support for the
application;
203
‘‘(4) the ambitiousness of the objectives for the
school;
‘‘(5) the quality of the plan for assessing
achievement of those objectives; and
‘‘(6) the likelihood that the school will meet
those objectives and improve educational results for
students.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process to review applications for grants under this
section.
‘‘(c) DIVERSITY OF PROJECTS.—The Secretary may
approve projects in a manner that ensures, to the extent
possible, that they—
‘‘(1) are distributed throughout different areas
of the Nation, including in urban and rural areas;
and
‘‘(2) represent a variety of educational ap-
proaches.
‘‘(d) WAIVERS.—The Secretary may waive any statu-
tory or regulatory requirement that the Secretary is re-
sponsible for enforcing, except for any such requirement
relating to the elements of a charter school described in
section 3407(1), if—
‘‘(1) the waiver is requested in an approved ap-
plication or by a grantee under this part; and
204
‘‘(2) the Secretary determines that granting
such a waiver would promote the purpose of this
part.
‘‘USES OF FUNDS
‘‘SEC. 3405. A recipient of a grant under this part
may use the grant funds only for—
‘‘(1) post-award planning and design of the
educational program, which may include—
‘‘(A) refinement of the desired educational
results and of the methods for measuring
progress toward achieving those results; and
‘‘(B) professional development of teachers
and other staff who will work in the charter
school; and
‘‘(2) initial implementation of the charter
school, which may include—
‘‘(A) informing the community about the
school;
‘‘(B) acquiring necessary equipment;
‘‘(C) acquiring or developing curriculum
materials; and
‘‘(D) other operational costs that cannot
be met from State or local sources.
205
‘‘NATIONAL ACTIVITIES
‘‘SEC. 3406. The Secretary may reserve up to 10 per-
cent of the funds appropriated for this part for any fiscal
year for—
‘‘(1) peer review of applications under section
3404(b);
‘‘(2) an evaluation of charter schools, including
those assisted under this part; and
‘‘(3) other activities designed to enhance the
success of the program authorized by this part, such
as bringing grantees together to share ideas and in-
formation.
‘‘DEFINITIONS
‘‘SEC. 3407. As used in this part, the following terms
have the following meanings:
‘‘(1) The term ‘charter school’ means a school
that—
‘‘(A) in accordance with an enabling State
statute, is exempted from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not
from any rules relating to the other require-
ments of this paragraph;
‘‘(B) is created by a developer as a public
school, or is adapted by a developer from an ex-
isting public school;
206
‘‘(C) operates in pursuit of a specific set of
educational 
objectives 
determined 
by 
the
school’s developer and agreed to by the State or
local educational agency applying for a grant on
behalf of the school;
‘‘(D) provides a program of elementary or
secondary education, or both;
‘‘(E) is nonsectarian in its programs, ad-
missions policies, employment practices, and all
other operations, and is not affiliated with a
sectarian school or religious institution;
‘‘(F) does not charge tuition;
‘‘(G) complies with the Age Discrimination
Act, title VI of the Civil Rights Act of 1964,
title IX of the Education Amendments of 1972,
section 504 of the Rehabilitation Act of 1973,
and part B of the Individuals with Disabilities
Education Act;
‘‘(H) admits students on the basis of a lot-
tery, if more students apply for admission than
can be accommodated;
‘‘(I) agrees to comply with the same Fed-
eral and State audit requirements as do other
schools in the State, unless such requirements
207
are specifically waived for the purpose of this
program; and
‘‘(J) meets all applicable Federal, State,
and local health and safety requirements.
‘‘(2) The term ‘developer’ means an individual
or group of individuals (including a public or private
nonprofit organization), which may include teachers,
administrators and other school staff, parents, or
other members of the local community in which a
charter school project will be carried out.
‘‘(3) The term ‘eligible applicant’ means a State
educational agency or local educational agency, in
partnership with a developer.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 3408. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 1995
through 1999.
‘‘PART E—ARTS IN EDUCATION
‘‘SUPPORT FOR ARTS EDUCATION
‘‘SEC. 3501. (a) FINDINGS.—The Congress finds
that—
‘‘(1) the arts are forms of understanding and
ways of knowing that are fundamentally important
to education;
208
‘‘(2) the arts are important to excellent edu-
cation and to effective school reform;
‘‘(3) the most significant contribution of the
arts to education reform is the transformation of
teaching and learning;
‘‘(4) this transformation is best realized in the
context of comprehensive, systemic education reform;
‘‘(5) demonstrated competency in the arts for
American students is among the National Education
Goals; and
‘‘(6) arts education should be an integral part
of the elementary and secondary school curriculum.
‘‘(b) PURPOSE. The purposes of this part are to—
‘‘(1) support systemic education reform by
strengthening arts education as an integral part of
the elementary and secondary school curriculum;
‘‘(2) help ensure that all students have the op-
portunity to learn to challenging standards in the
arts; and
‘‘(3) support the national effort to enable all
students to demonstrate competence in the arts in
accordance with the National Education Goals.
‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out
the purposes of this part, the Secretary is authorized to
209
make grants to, or enter into contracts or cooperative
agreements with—
‘‘(1) State educational agencies;
‘‘(2) local educational agencies;
‘‘(3) institutions of higher education; and
‘‘(4) other public and private agencies, institu-
tions, and organizations.
‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this
part may be used for—
‘‘(1) research on arts education;
‘‘(2) the development of, and dissemination of
information about, model arts education programs;
‘‘(3) the development of model arts education
assessments based on high standards;
‘‘(4) the development and implementation of
curriculum frameworks for arts education;
‘‘(5) the development of model preservice and
inservice professional development programs for arts
educators and other instructional staff;
‘‘(6) supporting collaborative activities with
other Federal agencies or institutions involved in
arts education, such as the National Endowment for
the Arts, the Institute of Museum Services, the John
F. Kennedy Center for the Performing Arts, and the
National Gallery of Art;
210
‘‘(7) supporting model projects and programs in
the performing arts for children and youth through
arrangements made with the John F. Kennedy Cen-
ter for the Performing Arts;
‘‘(8) supporting model projects and programs in
the arts for individuals with disabilities through ar-
rangements with the organization, Very Special
Arts;
‘‘(9) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
‘‘(10) other activities that further the purposes
of this part.
‘‘(e) COORDINATION.—(1) A recipient of funds under
this part shall, to the extent possible, coordinate its project
with appropriate activities of public and private cultural
agencies, institutions, and organizations, including muse-
ums, arts education associations, libraries, and theaters.
‘‘(2) In carrying out this part, the Secretary shall co-
ordinate with the National Endowment for the Arts, the
Institute of Museum Services, the John F. Kennedy Cen-
ter for the Performing Arts, and the National Gallery of
Art.
‘‘(f) AUTHORIZATION.—For the purpose of carrying
out this part, there are authorized to be appropriated such
211
sums as may be necessary for each of the fiscal years 1995
through 1999.
‘‘PART F—INEXPENSIVE BOOK DISTRIBUTION PROGRAM
‘‘INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION
‘‘SEC. 3601. (a) AUTHORIZATION.—The Secretary is
authorized to enter into a contract with Reading Is Fun-
damental (RIF) (hereinafter in this section referred to as
‘‘the contractor‘‘) to support and promote programs,
which include the distribution of inexpensive books to stu-
dents, that motivate children to read.
‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract
entered into under subsection (a) shall—
‘‘(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the dis-
tribution of books, by gift or loan, to preschool, ele-
mentary, and secondary school children;
‘‘(2) provide that funds made available by the
Secretary will be used by the contractor only to pay
the Federal share of the cost of such programs;
212
‘‘(3) provide that in selecting subcontractors for
initial funding, the contractor will give priority to
programs that will serve a substantial number or
percentage of children with special needs, such as—
‘‘(A) low-income children, particularly in
high-poverty areas;
‘‘(B) children at risk of school failure;
‘‘(C) children with disabilities, including
children with serious emotional disturbance;
‘‘(D) foster children;
‘‘(E) homeless children;
‘‘(F) migrant children;
‘‘(G) children without access to libraries;
‘‘(H) institutionalized or incarcerated chil-
dren; and
‘‘(I) children whose parents are institu-
tionalized or incarcerated;
‘‘(4) provide that the contractor will not provide
Federal assistance under this section to any sub-
contractor for more than five years after the date of
enactment of the Improving America’s Schools Act
of 1993 or the beginning of the subcontractor’s pro-
gram under this section (or its predecessor author-
ity), whichever comes later, except that the contrac-
213
tor may continue to provide such assistance beyond
such date if—
‘‘(A) the program qualifies for priority
treatment under paragraph (3); and
‘‘(B) the contractor determines that, be-
cause of severe economic hardship facing the
subcontractor and the local area it serves, the
local program will be unable to continue with-
out additional assistance under this section;
‘‘(5) provide that, not later than three years
from the date of enactment of the Improving Ameri-
ca’s Schools Act of 1993, the contractor will cease
providing Federal assistance under this section to
any subcontractor whose program—
‘‘(A) received such assistance under section
1563 of this Act, as in effect before the date of
enactment of the Improving America’s Schools
Act of 1993; and
‘‘(B) does not qualify for priority treat-
ment under paragraph (3);
‘‘(6) provide that the contractor will provide
such technical assistance to subcontractors as may
be necessary to carry out the purpose of this section;
214
‘‘(7) provide that the contractor will annually
report to the Secretary the number of, and describe,
programs funded under paragraph (3); and
‘‘(8) include such other terms and conditions as
the Secretary determines to be appropriate to ensure
the effectiveness of such programs.
‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary
shall make no payment of the Federal share of the cost
of acquiring and distributing books under any contract
under this section unless the Secretary determines that
the contractor or subcontractor, as the case may be, has
made arrangements with book publishers or distributors
to obtain books at discounts at least as favorable as dis-
counts that are customarily given by such publisher or dis-
tributor for book purchases made under similar cir-
cumstances in the absence of Federal assistance.
‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the
purpose of this section, the term ‘Federal share’ means
the portion of the cost to a subcontractor of purchasing
books to be paid with funds made available under this sec-
tion. The Federal share shall be established by the Sec-
retary, and shall not exceed 75 percent, except for books
to be distributed to children of migrant or seasonal farm-
workers.
215
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be needed for each
of the fiscal years 1995 through 1999.
‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS
AND COMMUNITIES
‘‘FINDINGS
‘‘SEC. 4001. The Congress finds as follows:
‘‘(1) National Education Goal Six provides that
by the year 2000, all schools in America will be free
of drugs and violence and offer a disciplined environ-
ment that is conducive to learning.
‘‘(2) The widespread use of alcohol and other
drugs among the Nation’s secondary school stu-
dents, and increasingly by students in elementary
schools as well, constitutes a grave threat to their
physical and mental well-being, and significantly im-
pedes the learning process. For example, data show
that students who drink tend to receive lower grades
and are more likely to miss school because of illness
than students who do not drink.
‘‘(3) Our Nation’s schools and communities are
increasingly plagued by violence and crime. Approxi-
mately three million thefts and violent crimes occur
in or near our Nation’s schools every year, the
216
equivalent of more than 16,000 incidents per school
day. Approximately one of every five high school stu-
dents now carries a firearm, knife, or club on a reg-
ular basis.
‘‘(4) The tragic consequences of violence and
the illegal use of alcohol and other drugs by students
are felt not only by students and their families, but
by their communities and the Nation, which can ill
afford to lose their skills, talents, and vitality.
‘‘(5) Alcohol and tobacco (nicotine) are the
most widely used drugs among young people today.
Both of these drugs can, and do, have adverse con-
sequences for users, their families, communities,
schools, and colleges. Drug prevention programs for
youth that address only controlled drugs send an er-
roneous message that alcohol and tobacco do not
present significant problems, or that society is will-
ing to overlook their use. To be credible, messages
opposing illegal drug use by youth should address all
drugs.
‘‘(6) Drug and violence prevention programs
are essential components of a comprehensive strat-
egy to promote school safety and to reduce the de-
mand for and use of drugs throughout the Nation.
Schools and local organizations in communities
217
throughout the Nation have a special responsibility
to work together to combat the growing epidemic of
violence and illegal drug use and should measure the
success of their programs against clearly defined
goals and objectives.
‘‘(7) Students must take greater responsibility
for their own well-being, health, and safety if schools
and communities are to achieve their goals of provid-
ing a safe, disciplined, and drug-free learning envi-
ronment.
‘‘PURPOSE
‘‘SEC. 4002. The purpose of this title is to support
programs to meet Goal Six of the National Educational
Goals by preventing violence in and around schools and
by strengthening programs that prevent the illegal use of
alcohol and other drugs, involve parents, and are coordi-
nated with related Federal, State, and community efforts
and resources, through the provision of Federal assistance
to—
‘‘(1) States for grants to local and intermediate
educational agencies and consortia to establish, oper-
ate, and improve local programs of school drug and
violence prevention, early intervention, rehabilitation
referral, and education in elementary and secondary
schools (including intermediate and junior high
schools);
218
‘‘(2) States for grants to, and contracts with,
community-based organizations and other public and
private non-profit agencies and organizations for
programs of drug and violence prevention, early
intervention, rehabilitation referral, and education;
‘‘(3) States for development, training, technical
assistance, and coordination activities;
‘‘(4) institutions of higher education to estab-
lish, operate, expand, and improve programs of
school drug and violence prevention, education, and
rehabilitation referral for students enrolled in col-
leges and universities;
‘‘(5) a national center to provide training and
technical assistance to institutions providing post-
secondary education in developing and implementing
model programs and strategies to prevent violence
and illegal drug use by students at such institutions;
and
‘‘(6) public and private non-profit organizations
to conduct training, demonstrations, research, and
evaluation, and to provide supplementary services
for the prevention of drug use and violence among
students and youth.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 4003. There are authorized to be appro-
priated—
219
‘‘(1) for State grants under part A, such sums
as may be necessary for each of fiscal years 1995
through 1999;
‘‘(2) for postsecondary programs under part B,
such sums as may be necessary for each of fiscal
years 1995 through 1999; and
‘‘(3) for national programs under part C, such
sums as may be necessary for each of fiscal years
1995 through 1999.
‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE
PREVENTION PROGRAMS
‘‘RESERVATIONS AND ALLOTMENTS
‘‘SEC. 4101. (a) RESERVATIONS.—From the amount
appropriated for each fiscal year under section 4003(1),
the Secretary—
‘‘(1) shall reserve no more than one-half of 1
percent of such amount for grants under this part
to Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands,
and Palau (until the effective date of the Compact
of Free Association with the Government of Palau),
to be allotted in accordance with the Secretary’s de-
termination of their respective needs;
‘‘(2) shall reserve no more than one percent of
such amount for the Secretary of the Interior to
221
‘‘(3) The Secretary may reallot any amount of any
allotment to a State if the Secretary determines that the
State will be unable to use such amount within two years
of such allotment. Such reallotments may be made on
whatever basis the Secretary determines would best serve
the purposes of this title.
‘‘(4) For the purpose of this subsection, the term
‘State’ means each of the 50 States, the District of Colum-
bia, and the Commonwealth of Puerto Rico.
‘‘STATE DRUG AND VIOLENCE PREVENTION
COORDINATING COUNCIL
‘‘SEC. 4102. (a) ESTABLISHMENT OF COUNCIL.—No
State may receive its allotment under section 4101 unless
its chief executive officer establishes a State Drug and Vi-
olence Prevention Coordinating Council (or designates an
existing body to perform the functions of such a Council)
to advise him or her and the chief State school officer on
the development and implementation of the State’s appli-
cation under section 4103.
‘‘(b) MEMBERSHIP.—(1) The chief executive officer,
the chief State school officer, the head of the State alcohol
and drug abuse agency, the heads of the State health and
mental health agencies, and the head of the State criminal
justice planning agency, or their designees, shall be mem-
bers of the Council.
222
‘‘(2) The chief executive officer shall also appoint rep-
resentatives of other appropriate State agencies or offices
as members of the Council.
‘‘(c) FUNCTIONS OF COUNCIL.—The Council estab-
lished or designated under this section shall—
‘‘(1) review and comment on the development of
the State’s application under section 4103, including
the chief executive officer’s and State education
agency’s 
comprehensive 
plans 
under 
sections
4103(b) and (c);
‘‘(2) disseminate information about drug and
violence prevention initiatives within the State, in-
cluding programs funded under sections 4104 and
4105;
‘‘(3) advise the chief executive officer and the
State educational agency on how to coordinate the
State’s activities under this part with other available
resources; and
‘‘(4) advise the chief executive officer and the
State educational agency on the planning and imple-
mentation of program evaluation activities and make
recommendations on how to improve the State’s pro-
gram, including the formulation of measurable goals.
‘‘STATE APPLICATIONS
‘‘SEC. 4103. (a) IN GENERAL.—In order to receive
its allotment under section 4101 for any fiscal year, a
223
State shall submit to the Secretary, at such time as the
Secretary may require, an application that—
‘‘(1)(A)(i) is integrated into the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies
the requirements of this section that are not already
addressed by that plan; and
‘‘(ii) is submitted, if necessary, as an amend-
ment to the State’s plan under title III of the Goals
2000: Educate America Act; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act and
satisfies the requirements of this section;
‘‘(2) contains the results of the State’s needs
assessment for drug and violence prevention pro-
grams, which shall be based on the results of on-
going State evaluation activities, including data on
the prevalence of drug use and violence by youth in
schools and communities;
‘‘(3) contains a list of the members, and the in-
terests or organizations they represent, of the State
Drug and Violence Prevention Coordinating Council;
224
‘‘(4) contains a description of the procedures
the State educational agency will use to review appli-
cations from local educational agencies under section
4106;
‘‘(5) contains an assurance that the State will
cooperate with, and assist, the Secretary in conduct-
ing a national impact evaluation of programs re-
quired by section 4108(a); and
‘‘(6) includes any other information the Sec-
retary may require.
‘‘(b) GOVERNOR’S FUNDS.—A State’s application
under this section shall also contain a comprehensive plan
for the use of funds under section 4104(a) by the chief
executive officer that includes—
‘‘(1) a statement of the chief executive officer’s
measurable goals and objectives for drug and vio-
lence prevention and a description of the procedures
to be used for assessing and publicly reporting
progress toward meeting those goals and objectives;
‘‘(2) a description of how the chief executive of-
ficer will coordinate his or her activities under this
part with the State educational agency and other
State agencies and organizations involved with drug
and violence prevention efforts;
225
‘‘(3) a description of how funds reserved under
section 4104(a) will be used so as not to duplicate
the efforts of the State educational agency and local
educational agencies with regard to the provision of
school-based prevention efforts and services and how
those funds will be used to serve populations not
normally served by the State educational agency,
such as school dropouts and youth in detention cen-
ters;
‘‘(4) a description of how the chief executive of-
ficer will award funds under section 4104(a) and a
plan for monitoring the performance of, and provid-
ing technical assistance to, recipients of such funds;
and
‘‘(5) a description of how funds will be used to
support community-wide comprehensive drug and vi-
olence prevention planning.
‘‘(c) STATE
EDUCATIONAL
AGENCY
FUNDS.—A
State’s application under this section shall also contain a
comprehensive plan for the use of funds under section
4105(a) by the State educational agency that includes—
‘‘(1) a statement of the State educational agen-
cy’s measurable goals and objectives for drug and vi-
olence prevention and a description of the proce-
226
dures it will use for assessing and publicly reporting
progress toward meeting those goals and objectives;
‘‘(2) a plan for monitoring the implementation
of, and providing technical assistance regarding, the
drug and violence prevention programs conducted by
local educational agencies in accordance with section
4107;
‘‘(3) a description of how the State educational
agency will use funds it reserves under section
4105(b);
‘‘(4) a description of how the State educational
agency will coordinate its activities under this part
with the chief executive officer’s drug and violence
prevention programs under this part and with the
prevention efforts of other State agencies; and
‘‘(5) an explanation of the criteria the State
educational agency will use to identify which local
educational agencies receive supplemental funds
under section 4105(d)(2)(A)(ii) and how the supple-
mental funds will be allocated among those local
educational agencies.
‘‘(d) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing State applications under this
section.
227
‘‘(e) INTERIM APPLICATION.—Notwithstanding any
other provisions of this section, a State may submit for
fiscal year 1995 a one-year interim application and plan
for the use of funds under this part that are consistent
with the requirements of this section and contain such in-
formation as the Secretary may specify in regulations. The
purpose of such interim application and plan shall be to
afford the State the opportunity to fully develop and re-
view its application and comprehensive plan otherwise re-
quired by this section. A State may not receive a grant
under this part for a fiscal year subsequent to fiscal year
1995 unless the Secretary has approved its application
and comprehensive plan.
‘‘GOVERNOR’S PROGRAMS
‘‘SEC. 4104. (a) USE OF FUNDS.—(1) An amount
equal to 20 percent of the total amount allocated to a
State under section 4101 for each fiscal year shall be used
by the chief executive officer of such State for drug and
violence prevention programs and activities in accordance
with this section.
‘‘(2) A chief executive officer may use no more than
five percent of the amount reserved under subsection
(a)(1) for the administrative costs incurred in carrying out
the duties of such officer under this section, including the
cost of the State Drug and Violence Prevention Coordinat-
ing Council under section 4102(a).
228
‘‘(b) PROGRAMS AUTHORIZED.—(1) A chief executive
officer shall use funds reserved under subsection (a)(1) for
grants to or contracts with parent groups, community ac-
tion and job training agencies, community-based organiza-
tions, and other public entities and private nonprofit orga-
nizations. Such grants or contracts shall support pro-
grams and activities described in subsection (c) for chil-
dren and youth who are not normally served by State or
local educational agencies, for populations that need spe-
cial services or additional resources (such as preschoolers,
youth in juvenile detention facilities, runaway or homeless
children and youth, and dropouts), or both.
‘‘(2) Grants or contracts awarded under this sub-
section shall be subject to a peer review process.
‘‘(c) AUTHORIZED ACTIVITIES.—Grants and con-
tracts under subsection (b) shall be used for programs and
activities such as—
‘‘(1) disseminating information about drug and
violence prevention;
‘‘(2) training parents, law enforcement officials,
judicial officials, social service providers, health serv-
ice providers and community leaders about drug and
violence prevention, education, early intervention,
counseling, or rehabilitation referral;
229
‘‘(3) developing and implementing comprehen-
sive, community-based drug and violence prevention
programs that link community resources with
schools and integrate services involving education,
vocational and job skills training, law enforcement,
health, mental health, and other appropriate serv-
ices;
‘‘(4) planning and implementing drug and vio-
lence prevention activities that coordinate the efforts
of State agencies with those of the State educational
agency and its local educational agencies;
‘‘(5) activities to protect students traveling to
and from school;
‘‘(6) developing and implementing strategies to
prevent illegal gang activity;
‘‘(7) coordinating and conducting community-
wide violence and safety assessments and surveys;
and
‘‘(8) evaluating programs and activities under
this section.
‘‘STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS
‘‘SEC. 4105. (a) USE OF FUNDS.—An amount equal
to 80 percent of the total amount allocated to a State
under section 4101 for each fiscal year shall be used by
the State educational agency and its local educational
230
agencies for drug and violence prevention activities in ac-
cordance with this section.
‘‘(b) STATE LEVEL PROGRAMS.—(1) A State edu-
cational agency shall use no more than five percent of the
amount reserved under subsection (a) for activities such
as—
‘‘(A) training and technical assistance concern-
ing drug and violence prevention for local and inter-
mediate educational agencies, including teachers, ad-
ministrators, coaches and athletic directors, other
educational personnel, parents, students, community
leaders, health service providers, local law enforce-
ment officials, and judicial officials;
‘‘(B) the development, identification, dissemina-
tion and evaluation of the most readily available, ac-
curate, and up-to-date curriculum materials, for con-
sideration by local educational agencies;
‘‘(C) demonstration projects in drug and vio-
lence prevention;
‘‘(D) financial assistance to enhance resources
available for drug and violence prevention in areas
serving large numbers of economically disadvantaged
children or sparsely populated areas, or to meet
other special needs consistent with the purposes of
this part; and
231
‘‘(E) evaluation activities required by this sub-
part.
‘‘(2) A State educational agency may carry out activi-
ties under this subsection directly, or through grants or
contracts.
‘‘(c) STATE ADMINISTRATION.—A State educational
agency may use no more than five percent of the amount
reserved under subsection (a) for the administrative costs
of carrying out its responsibilities under this part.
‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—(1)
A State educational agency shall distribute not less than
90 percent of the amount reserved under subsection (a)
for each fiscal year to local educational agencies in accord-
ance with this subsection.
‘‘(2)(A) Of the amount distributed under subsection
(d)(1), a State educational agency shall distribute—
‘‘(i) 70 percent of such amount to local edu-
cational agencies, based on the relative enrollments
in public and private non-profit schools within their
boundaries; and
‘‘(ii) 30 percent of such amount to local edu-
cational agencies that the State educational agency
determines have the greatest need for additional
funds to carry out drug and violence prevention pro-
grams authorized by this part.
232
‘‘(B)(i) A State educational agency shall distribute
funds under subparagraph (A)(ii) to no more than ten per-
cent of its local educational agencies, or five such agencies,
whichever is greater.
‘‘(ii) In determining which local educational agencies
have the greatest need for additional funds, the State edu-
cational agency shall consider factors such as—
‘‘(I) high rates of alcohol or other drug use
among youth;
‘‘(II) high rates of victimization of youth by vio-
lence and crime;
‘‘(III) high rates of arrests and convictions of
youth for violent or drug- or alcohol-related crime;
‘‘(IV) the extent of illegal gang activity;
‘‘(V) high rates of referrals of youths to drug
and alcohol abuse treatment and rehabilitation pro-
grams;
‘‘(VI) high rates of referrals of youths to juve-
nile court; and
‘‘(VII) high rates of expulsions and suspensions
of students from schools.
‘‘(e) REALLOCATION
OF FUNDS.—If a local edu-
cational agency chooses not to apply to receive the amount
allocated to it under subsection (d), or if its application
under section 4106 is disapproved by the State edu-
233
cational agency, the State educational agency shall reallo-
cate such amount to one or more of the local education
agencies determined by the State educational agency
under subsection (d)(2)(B) to have the greatest need for
additional funds.
‘‘LOCAL APPLICATIONS
‘‘SEC. 4106. (a) IN GENERAL.—(1) In order to be
eligible to receive an allocation under section 4105(d) for
any fiscal year, a local educational agency shall submit,
at such time as the State educational agency requires, an
application to the State educational agency for approval.
Such an application shall be amended, as necessary, to re-
flect changes in the local educational agency’s program.
‘‘(2)(A) A local educational agency shall develop its
application under subsection (a)(1) in consultation with
a local or substate regional advisory council that includes,
to the extent possible, representatives of local government,
business, parents, students, teachers, appropriate state
agencies, private schools, the medical profession, law en-
forcement, community-based organizations, and other
groups with interest and expertise in drug and violence
prevention.
‘‘(B) In addition to assisting the local educational
agency to develop its application under this section, the
advisory council established or designated under para-
graph (2)(A) shall, on an on-going basis—
234
‘‘(i) disseminate information about drug and vi-
olence prevention programs, projects, and activities
conducted within the boundaries of the local edu-
cational agency;
‘‘(ii) advise the local educational agency on how
best to coordinate its activities under this part with
other related programs, projects, and activities and
the agencies that administer them; and
‘‘(iii) review program evaluations and other rel-
evant material and make recommendations to the
local educational agency on how to improve its drug
and violence prevention programs.
‘‘(b) CONTENTS OF APPLICATIONS.—An application
under this section shall contain—
‘‘(1) a needs assessment of the current alcohol,
tobacco, and other drug problems as well as the vio-
lence, safety, and discipline problems among stu-
dents who attend the schools of the applicant (in-
cluding private school students who participate in
the applicant’s drug and violence prevention pro-
gram) that is based on on-going local assessment or
evaluation activities;
‘‘(2) a detailed explanation of the local edu-
cational agency’s comprehensive plan for drug and
235
violence prevention, which shall include a description
of—
‘‘(A) how that plan is consistent with, and
promotes the goals in, the State’s application
under section 4103 and the local educational
agency’s plan, either approved or being devel-
oped, under title III of the Goals 2000: Educate
America Act, or, if the local educational agency
does not have such an approved plan and is not
developing one, its plan under section 1112 of
this Act;
‘‘(B) the local educational agency’s meas-
urable goals for drug and violence prevention,
and a description of how it will assess and pub-
licly report progress toward attaining these
goals;
‘‘(C) if the local educational agency intends
to use funds under this part to implement an
expanded drug and violence prevention program
under section 4107(c), an explanation of how
the local educational agency is already meeting
the requirements of a basic drug and violence
prevention program under section 4107(b), re-
gardless of the source of funds used;
237
and the State’s plan under the Goals 2000: Educate
America Act, and, if the State does not have such a plan,
its plan under section 1111 of this Act.
‘‘(B) A State educational agency shall not permit a
local educational agency to use funds under this part to
implement an expanded drug and violence prevention pro-
gram under section 4107(c) unless it determines that the
local educational agency is already meeting (regardless of
the source of funds) the requirements of a basic drug and
violence prevention program under section 4107(b).
‘‘(C) A State educational agency may disapprove a
local educational agency application under this section in
whole or in part and may withhold, limit, or place restric-
tions on the use of funds allotted to such a local edu-
cational agency in a manner the State educational agency
determines will best promote the purposes of this part or
the State’s plan under the Goals 2000: Educate America
Act, and, if the State does not have such a plan, its plan
under section 1111 of this Act.
‘‘LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS
‘‘SEC. 4107. (a) USE OF FUNDS.—Except as per-
mitted under subsection (c), a local educational agency
shall use funds received under this part to adopt and im-
plement a basic drug and violence prevention program de-
scribed under subsection (b).
238
‘‘(b) BASIC PROGRAM.—(1) A basic drug and violence
prevention program under this part shall—
‘‘(A) be designed, for all students and employ-
ees, to—
‘‘(i) prevent the illegal use, possession, and
distribution of alcohol, tobacco, and other
drugs;
‘‘(ii) prevent violence and promote school
safety; and
‘‘(iii) create a disciplined environment con-
ducive to learning;
‘‘(B) include mandatory standards of conduct
for students and employees, which clearly describe
the sanctions that will be imposed for violations of
the standards and which are distributed to all stu-
dents, parents, and employees;
‘‘(C) include, with respect to drug prevention—
‘‘(i) age-appropriate, developmentally based
education and prevention programs for all stu-
dents, from the early childhood level through
grade 12, that address the legal, social and
health consequences of the use of illegal drugs,
promote a sense of individual responsibility, and
provide information about effective techniques
for resisting peer pressure to use illegal drugs;
239
‘‘(ii) professional development programs
for school personnel who provide the education
and prevention programs required by subsection
(b)(1)(C)(i);
‘‘(iii) activities to promote the involvement
of parents and coordination with community
groups and agencies, including the distribution
of information about the local educational agen-
cy’s needs assessments, goals, and programs
under subsection (b)(1)(C)(i); and
‘‘(iv) the distribution of information to all
students and employees about resources for
drug and alcohol counseling, rehabilitation, and
re-entry programs that are available in the com-
munity; and
‘‘(D) include, with respect to violence preven-
tion—
‘‘(i) age-appropriate, developmentally based
education and prevention programs for all stu-
dents, from the early childhood level through
grade 12, that address the legal, personal, and
social consequences of violent and disruptive be-
havior, including sexual harassment, and that
include activities designed to help students de-
velop a sense of individual responsibility and re-
240
spect for the rights of others, and to resolve
conflicts without violence;
‘‘(ii) professional development programs
for school personnel who provide the education
and prevention programs required by subsection
(b)(1)(D)(i);
‘‘(iii) activities to promote the involvement
of parents and coordination with community
groups and agencies, including the distribution
of information about the local educational agen-
cy’s needs assessment, goals and programs
under subsection (b)(1)(D)(i); and
‘‘(iv) the distribution of information to all
students and employees about resources for
counseling, re-entry, and conflict resolution that
are available in the community.
‘‘(2) In implementing its basic drug and violence pre-
vention program under paragraph (1) or its expanded pro-
gram under subsection (c), a local educational agency may
use no more than 33 percent of the funds it receives under
this part for any fiscal year for—
‘‘(A) minor remodeling to promote security and
reduce the risk of violence, such as removing lockers,
installing better lights, and upgrading locks; and
241
‘‘(B) acquiring and installing metal detectors
and hiring security personnel.
‘‘(c) EXPANDED PROGRAM.—(1) A local educational
agency that demonstrates to the satisfaction of the State
educational agency that it has adopted and implemented
a basic drug and violence prevention program described
under subsection (b) may use funds received under this
subpart to supplement its basic program, to carry out one
or more of the activities described in paragraph (2), or
both.
‘‘(2) A local educational agency described in para-
graph (1) may use funds received under this subpart for—
‘‘(A) programs of drug prevention, health edu-
cation, early intervention, counseling, mentoring, or
rehabilitation referral, which emphasize students’
sense of individual responsibility and may include—
‘‘(i) the dissemination of information about
drug prevention;
‘‘(ii) the training of school personnel, par-
ents, students, law enforcement officials, judi-
cial officials, health service providers, and com-
munity leaders in prevention, education, early
intervention, counseling, or rehabilitation refer-
ral; and
242
‘‘(iii) the implementation of strategies, in-
cluding strategies to integrate the delivery of
services from a variety of providers, to combat
illegal alcohol and other drug use, such as—
‘‘(I) family counseling;
‘‘(II) early intervention activities that
prevent family dysfunction, enhance school
performance, and boost attachment to
school and family; and
‘‘(III) activities, such as community
service projects, that are designed to in-
crease students’ sense of community;
‘‘(B) violence prevention programs for school-
aged youth, which emphasize students’ sense of indi-
vidual responsibility and may include—
‘‘(i) the dissemination of information about
school safety and discipline;
‘‘(ii) the training of school personnel, par-
ents, law enforcement officials, judicial officials,
and community leaders in designing and imple-
menting strategies to prevent school violence;
‘‘(iii) the implementation of strategies,
such as conflict resolution and peer mediation
and the use of mentoring programs, to combat
243
school violence and other forms of disruptive
behavior, such as sexual harassment; and
‘‘(iv) 
comprehensive, 
community-wide
strategies to prevent or reduce illegal gang ac-
tivity;
‘‘(C) the promotion of before- and after-school
recreational, instructional, cultural, and artistic pro-
grams in supervised community settings; and
‘‘(D) the evaluation of any of the activities au-
thorized by subsection (c).
‘‘EVALUATION AND REPORTING
‘‘SEC. 4108. (a) NATIONAL IMPACT EVALUATION.—
The Secretary, in consultation with the Secretary of
Health and Human Services, the Director of the Office
of National Drug Control Policy, and the Attorney Gen-
eral, shall conduct an independent biennial evaluation of
the national impact of programs under this part and sub-
mit a report of the findings of such evaluation to the
President and the Congress.
‘‘(b) STATE REPORT.—(1) By October 1, 1997, and
every third year thereafter, the chief executive officer of
the State, in cooperation with the State educational agen-
cy, shall submit to the Secretary a report—
‘‘(A) on the implementation and outcomes of
State programs under section 4104 and section
244
4105(b) and local programs under section 4105(d),
as well as an assessment of their effectiveness; and
‘‘(B) on the State’s progress toward attaining
its goals for drug and violence prevention under sec-
tions 4103 (b)(1) and (c)(1).
‘‘(2) The report required by this subsection shall be—
‘‘(A) in the form specified by the Secretary;
‘‘(B) based on the State’s on-going evaluation
activities, and shall include data on the prevalence of
drug use and violence by youth in schools and com-
munities; and
‘‘(C) made readily available to the public.
‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each
local educational agency receiving funds under this sub-
part shall submit to the State educational agency whatever
information, and at whatever intervals, the State requires
to complete the State report required by subsection (b),
including information on the prevalence of drug use and
violence by youth in the schools and the community. Such
information shall be made readily available to the public.
‘‘PART B—POSTSECONDARY DRUG AND VIOLENCE
PREVENTION PROGRAMS
‘‘GRANTS TO INSTITUTIONS OF HIGHER EDUCATION
‘‘SEC. 4201. (a) IN GENERAL.—From funds appro-
priated under section 4003(2), the Secretary is authorized
245
to make grants to, or enter into contracts with, institu-
tions of higher education, or consortia of such institutions,
for drug and violence prevention programs under this sec-
tion. Awards under this section shall support the develop-
ment, implementation, validation, and dissemination of
model programs and strategies to promote the safety of
students attending institutions of higher education by pre-
venting violent behavior and the illegal use of alcohol and
other drugs by such students.
‘‘(b) APPLICATIONS.—An institution of higher edu-
cation, or consortium of such institutions, that desires to
receive an award under this section shall submit an appli-
cation to the Secretary at such time, in such manner, and
containing such information as the Secretary may reason-
ably require. The Secretary shall use a peer review process
for reviewing applications for funds under this section.
‘‘(c) EQUITABLE PARTICIPATION.—The Secretary
shall make every reasonable effort to ensure the equitable
participation of private and public institutions of higher
education (including community and junior colleges), insti-
tutions of limited enrollment, and institutions in different
geographic regions.
‘‘NATIONAL CENTER
‘‘SEC. 4202. From funds appropriated under section
4003(2), the Secretary is authorized to support, through
a grant to, or a contract with, an institution of higher
246
education, a public or private non-profit organization, or
a for-profit organization, a national center to provide
training and technical assistance to institutions providing
postsecondary education, including for-profit institutions,
in developing, implementing, evaluating, validating, rep-
licating, and disseminating model programs and strategies
to prevent violence and the use of illegal drugs by students
at such institutions.
‘‘PART C—NATIONAL PROGRAMS
‘‘FEDERAL ACTIVITIES
‘‘SEC. 4301. (a) PROGRAM
AUTHORIZED.—From
funds appropriated under section 4003(3), the Secretary
of Education, in consultation with the Secretary of Health
and Human Services, the Director of the Office of Na-
tional Drug Control Policy, and the Attorney General,
shall carry out programs to prevent the illegal use of drugs
and violence among, and promote safety and discipline for,
students at all educational levels, prekindergarten through
postsecondary. The Secretary shall carry out such pro-
grams directly, or through grants, contracts, or coopera-
tive agreements with public and private non-profit organi-
zations and individuals, or through agreements with other
Federal agencies, and shall coordinate such programs with
other appropriate Federal activities. Such programs may
include—
247
‘‘(1) the development and demonstration of in-
novative strategies for training school personnel,
parents, and members of the community, including
the demonstration of model preservice training pro-
grams for prospective school personnel;
‘‘(2) demonstrations and rigorous evaluations of
innovative approaches to drug and violence preven-
tion;
‘‘(3) drug and violence prevention research that
is coordinated with other Federal agencies and is di-
rected towards improving programs and activities
under this title;
‘‘(4) program evaluations that address issues
not addressed under section 4108(a);
‘‘(5) direct services to schools and school sys-
tems afflicted with especially severe drug and vio-
lence problems;
‘‘(6) activities in communities designated as
empowerment zones or enterprise communities that
will connect schools to community-wide efforts to re-
duce drug and violence problems;
‘‘(7) developing and disseminating drug and vi-
olence prevention materials, including model curric-
ula; and
248
‘‘(8) other activities that meet unmet national
needs related to the purposes of this title.
‘‘(b) PEER REVIEW.—The Secretary shall use a peer
review process in reviewing applications for funds under
this section.
‘‘PART D—GENERAL PROVISIONS
‘‘DEFINITIONS
‘‘SEC. 4401. For the purposes of this title, the follow-
ing terms have the following meanings:
‘‘(1) The term ‘drug and violence prevention’
means—
‘‘(A) with respect to drugs, prevention,
early intervention, rehabilitation referral, or
education related to the illegal use of alcohol
and tobacco (nicotine) and the use of controlled,
illegal, addictive, or harmful substances, includ-
ing inhalants and anabolic steroids; and
‘‘(B) with respect to violence, the pro-
motion of school safety, such that students and
school personnel are free from violent and dis-
ruptive acts, including sexual harassment, on
school premises, going to and from school, and
at school-sponsored activities, through the cre-
ation and maintenance of a school environment
that is free of weapons and fosters individual
249
responsibility and respect for the rights of oth-
ers.
‘‘(2) The term ‘nonprofit’, as applied to a
school, agency, organization, or institution means a
school, agency, organization, or institution owned
and operated by one or more nonprofit corporations
or associations, no part of the net earnings of which
inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
‘‘(3) The term ‘school-aged population’ means
the population aged five through 17, as determined
by the Secretary on the basis of the most recent sat-
isfactory data available from the Department of
Commerce.
‘‘(4) The term ‘school personnel’ includes teach-
ers, administrators, guidance counselors, social
workers, psychologists, nurses, librarians, and other
support staff who are employed by a school or who
perform services for the school on a contractual
basis.
‘‘MATERIALS
‘‘SEC. 4402. (a) ‘WRONG
AND HARMFUL’ MES-
SAGE.—Drug prevention programs supported under this
title shall convey a clear and consistent message that the
illegal use of alcohol and other drugs is wrong and harm-
ful.
250
‘‘(b) CURRICULUM.—The Secretary shall not pre-
scribe the use of specific curricula for programs supported
under this title, but may evaluate the effectiveness of such
curricula and other strategies in drug and violence preven-
tion.
‘‘PROHIBITED USES OF FUNDS
‘‘SEC. 4403. No funds under this title may be used
for—
‘‘(1) construction (except for minor remodeling
needed to accomplish the purposes of this title);
‘‘(2) drug treatment or rehabilitation; and
‘‘(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based
counseling for students or school personnel who are
victims or witnesses of school-related crime.
‘‘TITLE V—PROMOTING EQUITY
‘‘PART A—MAGNET SCHOOLS ASSISTANCE
‘‘FINDINGS
‘‘SEC. 5101. The Congress finds that—
‘‘(1) magnet schools are a significant part of
our Nation’s effort to achieve voluntary desegrega-
tion in its schools;
‘‘(2) the use of magnet schools has increased
dramatically since enactment of this program, with
approximately 1.4 million students nationwide now
251
attending such schools, of which more than 60 per-
cent of the students are nonwhite;
‘‘(3) magnet schools offer a wide range of dis-
tinctive programs that have served as models for
school improvement efforts;
‘‘(4) in administering this program, the Federal
Government has learned that—
‘‘(A) where magnet programs are imple-
mented for only a portion of a school’s student
body, special efforts must be made to discour-
age the isolation of magnet students from other
students in the school;
‘‘(B) school districts can maximize their ef-
fectiveness in achieving the purposes of this
program if they have more flexibility to serve
students attending a school who are not en-
rolled in the magnet school program;
‘‘(C) school districts must be creative in
designing magnet schools for students at all
academic levels, so that school districts do not
skim off only the highest achieving students to
attend the magnet schools;
‘‘(D) school districts must seek to enable
participation in magnet school programs by stu-
252
dents who reside in the neighborhoods where
the programs are placed; and
‘‘(E) in order to ensure that magnet
schools are sustained after Federal funding
ends, the Federal Government must assist
school districts to improve their capacity to con-
tinue to operate magnet schools at a high level
of performance;
‘‘(5) it is in the best interest of the Federal
Government to—
‘‘(A) continue its support of school dis-
tricts implementing court-ordered desegregation
plans and school districts seeking to foster
meaningful interaction among students of dif-
ferent racial and ethnic backgrounds beginning
at the earliest stage of their education;
‘‘(B) ensure that all students have equi-
table access to quality education that will pre-
pare them to function well in a culturally di-
verse, technologically-oriented, and highly com-
petitive global community; and
‘‘(C) maximize the ability of school dis-
tricts to plan, develop, implement and continue
new and innovative magnet schools that con-
tribute to State and local systemic reform.
253
‘‘STATEMENT OF PURPOSE
‘‘SEC. 5102. The purpose of this part is to assist in
the desegregation of school districts by providing financial
assistance to eligible local educational agencies for—
‘‘(1) the elimination, reduction, or prevention of
minority group isolation in elementary and second-
ary schools with substantial proportions of minority
students;
‘‘(2) the development and implementation of
magnet school projects that will assist local edu-
cational agencies in achieving systemic reforms and
providing all students the opportunity to meet chal-
lenging performance State standards;
‘‘(3) the development and design of innovative
educational methods and practices; and
‘‘(4) courses of instruction within magnet
schools that will substantially strengthen the knowl-
edge of academic subjects and the grasp of tangible
and marketable vocational skills of students attend-
ing such schools.
‘‘PROGRAM AUTHORIZED
‘‘SEC. 5103. The Secretary is authorized, in accord-
ance with this part, to make grants to eligible local edu-
cational agencies for use in magnet schools that are part
of an approved desegregation plan and that are designed
254
to bring students from different social, economic, ethnic,
and racial backgrounds together.
‘‘DEFINITION
‘‘SEC. 5104. For the purpose of this part, the term
‘magnet school’ means a school or education center that
offers a special curriculum capable of attracting substan-
tial numbers of students of different racial backgrounds.
‘‘ELIGIBILITY
‘‘SEC. 5105. A local educational agency is eligible
to receive assistance under this part if it—
‘‘(1) is implementing a plan undertaken pursu-
ant to a final order issued by a court of the United
States, or a court of any State, or any other State
agency or official of competent jurisdiction, and that
requires the desegregation of minority-group-seg-
regated children or faculty in the elementary and
secondary schools of such agency; or
‘‘(2) without having been required to do so, has
adopted and is implementing, or will, if assistance is
made available to it under this part, adopt and im-
plement a plan that has been approved by the Sec-
retary as adequate under title VI of the Civil Rights
Act of 1964 for the desegregation of minority-group-
segregated children or faculty in such schools.
255
‘‘APPLICATIONS AND REQUIREMENTS
‘‘SEC. 5106. (a) APPLICATIONS.—An eligible local
educational agency desiring to receive assistance under
this part shall submit an application to the Secretary at
such time, in such manner, and containing such informa-
tion and assurances as the Secretary may require.
‘‘(b) INFORMATION AND ASSURANCES.—An applica-
tion under this part shall include—
‘‘(1) a description of—
‘‘(A) how assistance made available under
this part will be used to promote desegregation,
including how the proposed magnet school
project will increase interaction among students
of different social, economic, ethnic, and racial
backgrounds;
‘‘(B) the manner and extent to which the
magnet school project will increase student
achievement in the instructional area or areas
offered by the school;
‘‘(C) the manner in which an applicant will
continue the magnet school project after assist-
ance under this part is no longer available, in-
cluding, if applicable, an explanation of whether
successful magnet schools established or sup-
ported by the applicant with funds under this
256
part have been continued without the use of
funds under this part;
‘‘(D) how funds under this part will be
used to implement services and activities that
are consistent with—
‘‘(i) the State’s systemic reform plan,
if any, under title III of the Goals 2000:
Educate America Act; and
‘‘(ii) the local educational agency’s
systemic reform plan, if any, under title III
of the Goals 2000: Educate America Act;
and
‘‘(E) the criteria to be used in selecting
students to attend the proposed magnet school
projects; and
‘‘(2) assurances that the applicant will—
‘‘(A) use funds under this part for the pur-
poses specified in section 5103;
‘‘(B) employ teachers in the courses of in-
struction assisted under this part who are cer-
tified or licensed by the State to teach the sub-
ject matter of the courses of instruction;
‘‘(C) not engage in discrimination based on
race, religion, color, national origin, sex, or dis-
ability in—
257
‘‘(i) the hiring, promotion, or assign-
ment of employees of the agency or other
personnel for whom the agency has any ad-
ministrative responsibility;
‘‘(ii) the assignment of students to
schools, or to courses of instruction within
the school, of such agency, except to carry
out the approved plan; and
‘‘(iii) designing or operating extra-
curricular activities for students;
‘‘(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
‘‘(E) give students residing in the local at-
tendance area of the proposed magnet school
projects equitable consideration for places in
those projects.
‘‘(c) SPECIAL RULE.—No application may be ap-
proved under this section unless the Assistant Secretary
of Education for Civil Rights determines that the assur-
ances described in subsection (b)(2)(C) will be met.
‘‘PRIORITY
‘‘SEC. 5107. In approving applications under this
part, the Secretary shall give priority to applicants that—
‘‘(1) have the greatest need for assistance,
based on the expense or difficulty of effectively car-
258
rying out an approved desegregation plan and the
projects for which assistance is sought;
‘‘(2) propose to carry out new magnet school
projects or significantly revise existing magnet
school projects;
‘‘(3) propose to implement innovative edu-
cational approaches that are consistent with the
State’s and the local educational agency’s approved
systemic reform plans, if any, under title III of the
Goals 2000: Educate America Act;
‘‘(4) propose to select students to attend mag-
net school projects by lottery, rather than through
academic examination; and
‘‘(5) propose to draw on comprehensive commu-
nity plans for educational improvement, school and
residential desegregation, and community renewal.
‘‘USE OF FUNDS
‘‘SEC. 5108. (a) USE
OF FUNDS.—Grants made
under this part may be used by eligible local educational
agencies—
‘‘(1) for planning and promotional activities di-
rectly related to the development, expansion, con-
tinuation, or enhancement of academic programs
and services offered at magnet schools;
‘‘(2) for the acquisition of books, materials, and
equipment, including computers and the mainte-
259
nance and operation thereof, necessary for the con-
duct of programs in magnet schools;
‘‘(3) for the payment of, or subsidization of the
compensation of, elementary and secondary school
teachers who are certified or licensed by the State
and who are necessary for the conduct of programs
in magnet schools; and
‘‘(4) with respect to a magnet school program
offered to less than the entire student population of
a school, for instructional activities that—
‘‘(A) are designed to make available the
special curriculum that is offered by the magnet
school project to students who are enrolled in
the school but who are not enrolled in the mag-
net school program; and
‘‘(B) further the purposes of this part.
‘‘(b) SPECIAL RULE.—With respect to subsections
(a) (2) and (3), such grants may be used by eligible local
educational agencies for such activities only if those activi-
ties are directly related to improving the students’ reading
skills or their knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or
to improving vocational skills.
260
‘‘PROHIBITIONS
‘‘SEC. 5109. Grants under this part may not be used
for transportation, or for any activity that does not aug-
ment academic improvement.
‘‘LIMITATION ON PAYMENTS
‘‘SEC. 5110. (a) DURATION OF AWARDS.—Awards
made under this part shall not exceed four years.
‘‘(b) LIMITATION ON PLANNING FUNDS.—(1) A local
educational agency may expend for planning up to 50 per-
cent of the funds received under this part for the first
year of the project, 25 percent for the second year of the
project, and 10 percent for the third year of the project.
‘‘(2) A local educational agency shall not expend
funds under this part for planning after the third year
of the project.
‘‘(c) FEDERAL SHARE.—The Federal share of the
cost of any project under this part shall not exceed 100
percent for the first and second years of the project, 90
percent for the third year, and 70 percent for the fourth
year.
‘‘(d) LIMITATION ON GRANTS.—No local educational
agency shall receive more than $4,000,000 under this part
in any one grant cycle.
‘‘(e) AWARD REQUIREMENT.—To the extent prac-
ticable, for any fiscal year, the Secretary shall award
261
grants to local educational agencies under this part no
later than June 30 of the applicable fiscal year.
‘‘AUTHORIZATION OF APPROPRIATONS; RESERVATION
‘‘SEC. 5111. (a) AUTHORIZATION.—For the purpose
of carrying out this part, there are authorized to be appro-
priated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
‘‘(b) AVAILABILITY
OF FUNDS
FOR GRANTS
TO
AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal
year for which the amount appropriated pursuant to sub-
section (a) exceeds $75,000,000, the Secretary shall, with
respect to such excess amount, give priority to grants to
local educational agencies that did not receive a grant
under this part in the last fiscal year of the funding cycle
prior to the fiscal year for which the determination is
made.
‘‘(c) EVALUATIONS.—The Secretary may reserve no
more than 2 percent of the funds appropriated under sub-
section (a) for any fiscal year to carry out evaluations of
projects under this part.
‘‘PART B—EQUALIZATION ASSISTANCE
‘‘TECHNICAL AND OTHER ASSISTANCE REGARDING
SCHOOL FINANCE EQUITY
‘‘SEC. 5201. (a) TECHNICAL ASSISTANCE.—(1) The
Secretary is authorized to make grants to, and enter into
contracts and cooperative agreements with, State edu-
262
cational agencies and other public and private agencies,
institutions, and organizations to provide technical assist-
ance to State and local educational agencies to assist them
in achieving a greater degree of equity in the distribution
of financial resources for education among local edu-
cational agencies in the State.
‘‘(2) A grant or contract under this section may sup-
port technical assistance activities, such as—
‘‘(A) the establishment and operation of a cen-
ter or centers for the provision of technical assist-
ance to State and local educational agencies;
‘‘(B) the convening of conferences on equali-
zation of resources within local educational agencies,
within States, and among States; and
‘‘(C) obtaining advice from experts in the field
of school finance equalization.
‘‘(b) RESEARCH.—(1) The Secretary is authorized to
carry out applied research and analysis designed to fur-
ther knowledge and understanding of methods to achieve
greater equity in the distribution of financial resources
among local educational agencies.
‘‘(2) The Secretary may carry out research under this
subsection directly or through grants to, or contracts or
cooperative agreements with, any public or private organi-
zation.
263
‘‘(3) In carrying out this section, the Secretary is au-
thorized to—
‘‘(A) support research on the equity of existing
State school funding systems;
‘‘(B) train individuals in such research;
‘‘(C) promote the coordination of such research;
‘‘(D) collect and analyze data related to school
finance equity in the United States and other na-
tions; and
‘‘(E) report periodically on the progress of
States in achieving school finance equity.
‘‘(4) The Secretary shall coordinate activities under
this subsection with activities carried out by the Office of
Educational Research and Improvement.
‘‘(5) Each State educational agency or local edu-
cational agency receiving assistance under this Act shall
provide such data and information on school finance as
the Secretary may require to carry out the purposes of
this section.
‘‘(c) MODELS.—The Secretary is authorized, directly
or through grants, contracts, or cooperative agreements,
to develop and disseminate models and materials useful
to States in planning and implementing revisions of their
school finance systems.
264
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 1995 through 1999.
‘‘PART C—WOMEN’S EDUCATIONAL EQUITY
‘‘FINDINGS
‘‘SEC. 5301. The Congress finds that—
‘‘(1) since the enactment of title IX of the Edu-
cation Amendments of 1972, women and girls have
made strides in educational achievement and in their
ability to avail themselves of educational opportuni-
ties;
‘‘(2) because of funding provided under the
Women’s Educational Equity Act, there are now
many more curricula, training and other educational
materials concerning educational equity for women
and girls available for national dissemination;
‘‘(3) however, significant gender inequities still
exist in teaching and learning practices, for exam-
ple—
‘‘(A) sexual harassment, particularly that
experienced by girls, is a significant problem in
schools, undermining the ability of schools to
provide a safe and equitable learning or work-
place environment;
265
‘‘(B) girls receive significantly less atten-
tion from classroom teachers than boys, and
girls of color have less interaction with teachers
than all other girls;
‘‘(C) educational materials do not suffi-
ciently reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
‘‘(D) girls do not take as many mathe-
matics and science courses as boys, they lose
confidence in their mathematics and science
ability as they move through adolescence, there
are few women role models in the sciences, and
women continue to be concentrated in low-pay-
ing, traditionally female jobs that do not re-
quire mathematics and science skills; and
‘‘(E) pregnant and parenting teenagers are
at high risk for dropping out of school and ex-
isting dropout prevention programs do not ade-
quately address this population;
‘‘(4) Federal support should address not only
research and development of innovative model curric-
ula and teaching and learning strategies to promote
gender equity, but, to the extent feasible, also help
266
schools and local communities implement and insti-
tutionalize gender equitable practices;
‘‘(5) Federal assistance for gender equity must
be tied to systemic reform, involve collaborative ef-
forts to implement effective gender practices at the
local level, and encourage parental participation; and
‘‘(6) excellence in education, high educational
achievements and standards, and the full participa-
tion of women and girls in American society cannot
be achieved without educational equity for women
and girls.
‘‘STATEMENT OF PURPOSES
‘‘SEC. 5302. The purposes of this part are to—
‘‘(A) promote educational equity for women and
girls in the United States and to provide financial
assistance to enable educational agencies and insti-
tutions to meet the requirements of title IX of the
Education Amendments of 1972;
‘‘(B) promote educational equity for women and
girls who suffer multiple discrimination, bias, or
stereotyping based on gender and on race, ethnic or-
igin, disability, or age; and
‘‘(C) help ensure that all women and girls have
equal opportunity to achieve to high educational
standards.
267
‘‘PROGRAM AUTHORIZED
‘‘SEC. 5303. The Secretary is authorized to make
grants to, and enter into contracts and cooperative agree-
ments with, public agencies, private nonprofit agencies, or-
ganizations, and institutions, including student and com-
munity groups, and individuals, to achieve the purposes
of this part by providing support and technical assistance
for—
‘‘(1) the implementation of effective gender-eq-
uity policies and practices at all educational levels,
including—
‘‘(A) assisting educational agencies and in-
stitutions to implement policies and practices to
comply with title IX of the Education Amend-
ments of 1972, including preventing the sexual
harassment of students and employees;
‘‘(B) training for teachers, counselors, ad-
ministrators, and other school personnel, espe-
cially preschool and elementary school person-
nel, to ensure that gender equity pervades their
teaching and learning practices;
‘‘(C) leadership training to allow women
and girls to develop professional and market-
able skills to compete in the global marketplace,
268
improve self-esteem, and benefit from exposure
to positive role models;
‘‘(D) school-to-work transition programs
and other programs to increase opportunities
for women and girls to enter a technologically
demanding workplace and, in particular, to
enter highly skilled, high paying careers in
which they have been underrepresented;
‘‘(E) enhancing educational and career op-
portunities for women and girls who suffer mul-
tiple forms of discrimination, based on sex and
on race, ethnic origin, limited English pro-
ficiency, disability, or age; and
‘‘(F) assisting pregnant students and stu-
dents rearing children to remain in high school,
graduate, and prepare their preschool children
to start school; and
‘‘(2) research and development designed to ad-
vance gender equity nationwide and to help make
policies and practices in educational agencies and in-
stitutions and local communities gender-equitable,
including—
‘‘(A) research and development designed to
advance gender equity, including the develop-
269
ment of innovative strategies to improve teach-
ing and learning practices;
‘‘(B) the development of high quality and
challenging assessment instruments that are
free of gender bias;
‘‘(C) the evaluation of curricula, textbooks,
and other educational materials to ensure the
absence of gender stereotyping and bias;
‘‘(D) the development of instruments and
procedures that employ new and innovative
strategies to assess whether diverse educational
settings are gender equitable;
‘‘(E) the development of new dissemination
and replication strategies; and
‘‘(F) updating high quality educational
materials previously developed through awards
made under this part.
‘‘APPLICATIONS
‘‘SEC. 5304. (a) APPLICATIONS.—(1) A grant may
be made, and a contract or cooperative agreement may
be entered into, under this part only upon application to
the Secretary, at such time, in such form, and containing
or accompanied by such information as the Secretary may
prescribe.
‘‘(2) Each application shall—
270
‘‘(A) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
carried out under the project, including an evalua-
tion of the practices, policies, and materials used by
the applicant and an evaluation or estimate of the
continued significance of the work of the project fol-
lowing completion of the award period;
‘‘(B) demonstrate how funds received under
this part will be used to promote the attainment of
one or more of the National Education Goals set out
in title I of the Goals 2000: Educate America Act
and support the implementation of State and local
plans for systemic reform, if any, approved under
title III of such Act;
‘‘(C) demonstrate how the applicant will ad-
dress perceptions of gender roles based on cultural
and linguistic differences or stereotypes;
‘‘(D) describe how funds under this part will be
used in a manner that is consistent with and pro-
motes the implementation of State and local pro-
grams under the School-to-Work Opportunities Act
of 1993;
‘‘(E) for applications for projects under section
5303(1), demonstrate how the applicant will foster
partnerships and share resources with State edu-
272
‘‘(c) LIMITATION.—Nothing in this part shall be con-
strued as prohibiting men and boys from participating in
any programs or activities assisted under this part.
‘‘CRITERIA AND PRIORITIES
‘‘SEC. 5305. The Secretary shall establish separate
criteria and priorities for awards under sections 5303 (1)
and (2) of this part to ensure that available funds are used
for programs that most effectively will achieve the pur-
poses of this part.
‘‘REPORT
‘‘SEC. 5306. The Secretary shall, by January 1,
1999, submit to the President and the Congress a report
on the status of educational equity for girls and women
in the Nation.
‘‘EVALUATION AND DISSEMINATION
‘‘SEC. 5307. (a) EVALUATION
AND DISSEMINA-
TION.—The Secretary shall evaluate and disseminate ma-
terials and programs developed under this part.
‘‘(b) USE OF PROGRAM FUNDS.—The Secretary is
authorized to use funds appropriated under section 5308
to gather and disseminate information about emerging is-
sues concerning gender equity and, if necessary, to con-
vene meetings for this purpose.
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 5308. For the purpose of carrying out this
part, there are authorized to be appropriated such sums
273
as may be necessary for each of the fiscal years 1995
through 1999.
‘‘TITLE VI—INDIAN EDUCATION
‘‘FINDINGS
‘‘SEC. 6001. The Congress finds that—
‘‘(1) the Federal Government has a special re-
sponsibility to ensure that educational programs for
all American Indian and Alaska Native children and
adults—
‘‘(A) are based on high-quality, inter-
nationally competitive content and student per-
formance standards and build on Indian culture
and the Indian community; and
‘‘(B) assist local educational agencies, In-
dian tribes, and others in providing Indian stu-
dents the opportunity to learn to those stand-
ards;
‘‘(2) since enactment of the original Indian
Education Act in 1972, Indian parents have become
significantly more involved in the planning, develop-
ment, and implementation of educational programs
that affect them and their children, and schools
should continue to foster this involvement;
‘‘(3) although the numbers of Indian teachers,
administrators, and university professors have in-
274
creased since 1972, teacher training programs are
not recruiting, training, or retraining sufficient num-
bers of Indian persons as educators to meet the
needs of a growing Indian student population in ele-
mentary, secondary, vocational, adult, and higher
education;
‘‘(4) the dropout rate for Indian students is un-
acceptably high; for example, nine percent of Indian
students who were eighth graders in 1988 had al-
ready dropped out of school by 1990;
‘‘(5) from 1980 to 1990, the percentage of In-
dian persons living in poverty increased from 24 per-
cent to 31 percent, and the readiness of Indian chil-
dren to learn is hampered by the high incidence of
poverty, unemployment, and health problems among
Indian children and families; and
‘‘(6) research related specifically to the edu-
cation of Indian children and adults is very limited,
and much of it is poor in quality or focused on lim-
ited local or regional issues.
‘‘PURPOSE
‘‘SEC. 6002. (a) PURPOSE.—It is the purpose of this
title to support the efforts of local educational agencies,
Indian tribes and organizations, State educational agen-
cies, postsecondary institutions, and other entities to meet
the unique educational needs of American Indians and
275
Alaska Natives, so that they can achieve to the same chal-
lenging State performance standards expected of all stu-
dents.
‘‘(b) PROGRAMS AUTHORIZED.—This title carries out
the purpose described in subsection (a) by authorizing pro-
grams of direct assistance for—
‘‘(1) the education of Indian children and
adults;
‘‘(2) the training of Indian persons as educators
and counselors, and in other professions serving In-
dian people; and
‘‘(3) research, evaluation, data collection, and
technical assistance.
‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL
AGENCIES
‘‘PURPOSE
‘‘SEC. 6101. It is the purpose of this part to support
local educational agencies in their efforts to reform ele-
mentary and secondary school programs that serve Indian
students, in order to ensure that those programs—
‘‘(1) are based on challenging State content and
student performance standards that are used for all
students; and
276
‘‘(2) are designed to assist Indian students
meet those standards and assist the Nation in reach-
ing the National Education Goals.
‘‘GRANTS TO LOCAL EDUCATIONAL AGENCIES
‘‘SEC. 6102. A local educational agency is eligible for
a grant under this part for any fiscal year if the number
of Indian children who were enrolled in the schools of the
agency, and to whom the agency provided free public edu-
cation, during the preceding fiscal year—
‘‘(1) was at least 20; or
‘‘(2) constituted at least 25 percent of the agen-
cy’s total enrollment.
‘‘AMOUNT OF GRANTS
‘‘SEC. 6103. (a) AMOUNT OF GRANTS.—(1) The Sec-
retary is authorized to allocate to each local educational
agency whose application has been approved under this
part an amount equal to the product of—
‘‘(A) the number of Indian children described in
section 6102; and
‘‘(B) the greater of—
‘‘(i) the average per-pupil expenditure of
the State in which the agency is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
277
‘‘(2) The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance
with subsection (e) of this section.
‘‘(b) MINIMUM GRANT AMOUNT.—The Secretary
shall not make any grant to a local educational agency
if the amount determined under subsection (a) is less than
$4,000, except that the Secretary may make a grant to
a consortium of local educational agencies, one or more
of which does not qualify for such a minimum award, if—
‘‘(1) the total amount so determined for those
agencies is at least $4,000;
‘‘(2) those agencies, in the aggregate, meet the
eligibility requirement of either section 6102(1) or
6102(2); and
‘‘(3) the Secretary determines that such a grant
would be effectively used to carry out the purpose of
this part.
‘‘(c) DEFINITION.—For the purpose of this section,
the average per-pupil expenditure of a State is determined
by dividing—
‘‘(1) the aggregate current expenditures of all
the local educational agencies in the State, plus any
direct current expenditures by the State for the op-
eration of such agencies, without regard to the
sources of funds from which such local or State ex-
278
penditures were made, during the second fiscal year
preceding the fiscal year for which the computation
is made; by
‘‘(2) the aggregate number of children who
were in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE
BUREAU OF INDIAN AFFAIRS.—(1) In addition to the
grants determined under subsection (a), the Secretary
shall allocate to the Secretary of the Interior an amount
equal to the product of—
‘‘(A) the total number of Indian children en-
rolled in schools that are operated by—
‘‘(i) the Bureau of Indian Affairs; or
‘‘(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under
a contract with, or grant from, the Department
of the Interior under the Indian Self-Deter-
mination Act (25 U.S.C. 450f et seq.) or the
Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.); and
‘‘(B) the greater of—
279
‘‘(i) the average per-pupil expenditure of
the State in which the school is located; or
‘‘(ii) 80 percent of the average per-pupil
expenditure in the United States.
‘‘(2) The Secretary shall transfer the amount
determined under paragraph (1), reduced as may be
necessary under subsection (e), to the Secretary of
the Interior in accordance with, and subject to, sec-
tion 9205 of this Act.
‘‘(e) RATABLE REDUCTIONS.—If the sums appro-
priated for any fiscal year under section 6602(a) are insuf-
ficient to pay in full the amounts determined for local edu-
cational agencies under subsection (a)(1) and for the Sec-
retary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
‘‘APPLICATIONS
‘‘SEC. 6104. (a) GENERAL.—Any local educational
agency that desires to receive a grant under this part shall
submit an application to the Secretary at such time, in
such manner, and containing such information as the Sec-
retary may require.
‘‘(b) COMPREHENSIVE PLAN REQUIRED.—Each such
application shall include a comprehensive plan for meeting
the needs of Indian children in the local educational agen-
cy, including their language and cultural needs, that—
280
‘‘(1)(A) is consistent with, and promotes the
goals in, the State and local plans, either approved
or being developed, under title III of the Goals
2000: Educate America Act or, if those plans are
not approved or being developed, with the State and
local plans under sections 1111 and 1112 of this
Act; and
‘‘(B) includes academic content and student
performance goals for those children, and bench-
marks for attaining them, that are based on the
challenging State standards adopted under title III
of the Goals 2000: Educate America Act or under
title I of this Act for all children;
‘‘(2) explains how Federal, State, and local programs,
especially under title I of this Act, will meet the needs
of those students;
‘‘(3) demonstrates how funds under this part will be
used for activities authorized by section 6106;
‘‘(4) describes the professional development to be pro-
vided, as needed, to ensure that—
‘‘(A) teachers and other school professionals
who are new to the Indian community are prepared
to work with Indian children; and
281
‘‘(B) all teachers who will be involved in the
project have been properly trained to carry it out;
and
‘‘(5) describes how the agency—
‘‘(A) will periodically assess the progress of all
Indian children in its schools, including those not
participating in programs under this part, in meet-
ing the goals described in paragraph (1);
‘‘(B) will provide the results of that assessment
to the parent committee described in subsection
(c)(8) and to the community served by the agency;
and
‘‘(C) is responding to findings of any previous
such assessments.
‘‘(c) ASSURANCES.—Each such application shall also
include assurances that—
‘‘(1) the local educational agency will use funds
received under this part only to supplement the level
of funds that, in the absence of such Federal funds,
the agency would make available for the education
of Indian children, and not to supplant such funds;
‘‘(2) the local educational agency will submit
such reports to the Secretary, in such form and con-
taining such information, as the Secretary may re-
quire to—
282
‘‘(A) carry out the Secretary’s functions
under this part; and
‘‘(B) determine the extent to which funds
provided under this part have been effective in
improving the educational achievement of In-
dian students in the local educational agency;
‘‘(3) the program for which assistance is sought
will use the best available talents and resources, in-
cluding persons from the Indian community;
‘‘(4) the local educational agency has developed
the program in open consultation with parents of In-
dian children, teachers, and, where appropriate, sec-
ondary school Indian students, including holding
public hearings at which these persons have had a
full opportunity to understand the program and to
offer recommendations on it;
‘‘(5) the local educational agency has developed
the program with the participation and written ap-
proval of a committee—
‘‘(A) that is composed of, and selected by,
parents of Indian children in the local edu-
cational agency’s schools, teachers, and, where
appropriate, secondary school Indian students;
and
283
‘‘(B) of which at least half the members
are parents described in subparagraph (A); and
‘‘(6) the parent committee described in para-
graph (5) will adopt and abide by reasonable bylaws
for the conduct of the activities of the committee.
‘‘(d) STATE EDUCATIONAL AGENCY REVIEW.—(1)
Before submitting its application to the Secretary, the
local educational agency shall obtain comments on the ap-
plication from the State educational agency.
‘‘(2) The local educational agency shall send the
State educational agency’s comments to the Secretary
with its application.
‘‘AUTHORIZED SERVICES AND ACTIVITIES
‘‘SEC. 6105. (a) GENERAL REQUIREMENTS.—Each
local educational agency that receives a grant under this
part shall use the grant funds for services and activities,
consistent with the purpose of this part, that—
‘‘(1) are designed to carry out its comprehen-
sive plan for Indian students, described in its appli-
cation under section 6104(b);
‘‘(2) are designed with special regard for the
language and cultural needs of those students; and
‘‘(3) supplement and enrich the regular school
program.
‘‘(b) PARTICULAR ACTIVITIES.—Such services and
activities include, but are not limited to—
284
‘‘(1) early childhood and family programs that
emphasize school readiness;
‘‘(2) enrichment programs that focus on prob-
lem-solving and cognitive skills development and that
directly support the attainment of challenging State
content and student performance standards;
‘‘(3) integrated educational services in combina-
tion with other programs meeting similar needs;
‘‘(4) school-to-work transition activities to en-
able Indian students to participate in programs such
as those supported by the School-to-Work Opportu-
nities Act of 1993 and the Carl D. Perkins Voca-
tional and Applied Technology Education Act, in-
cluding tech-prep programs;
‘‘(5) prevention of, and education about, sub-
stance abuse; and
‘‘(6) acquisition of equipment, but only if it is
essential to meet the purpose of this part.
‘‘(c) 
SCHOOLWIDE
PROGRAMS.—Notwithstanding
any other provision of this part, a local educational agency
may use funds it receives under this part to support a
schoolwide program under section 1114 of title I of this
Act, in accordance with such section, if the Secretary de-
termines that the local educational agency has made ade-
285
quate provision for the participation of Indian children,
and the involvement of Indian parents, in such project.
‘‘STUDENT ELIGIBILITY FORMS
‘‘SEC. 6106. Each local educational agency that ap-
plies for a grant under this part shall maintain in its files
a form, prescribed by the Secretary, for each Indian child
described in section 6102, which shall contain at least—
‘‘(1) the child’s name;
‘‘(2) the name of the Indian tribe or band of
Indians in which membership is claimed; and
‘‘(3) the parent’s signature.
‘‘PAYMENTS
‘‘SEC. 6107. (a) GENERAL.—The Secretary shall pay
each local educational agency with an application approved
under this part the amount determined under section
6103, subject to subsections (b) and (c) of this section.
‘‘(b) PAYMENTS TAKEN INTO ACCOUNT
BY
THE
STATE.—The Secretary shall not make a grant under this
part for any fiscal year to any local educational agency
in a State that has taken into consideration payments
under this part (or under subpart 1 of the Indian Edu-
cation Act of 1988) in determining the eligibility of the
local educational agency for State aid, or the amount of
that aid, with respect to the free public education of chil-
dren during that year or the preceding fiscal year.
286
‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO
MAINTAIN FISCAL EFFORT.—(1) The Secretary shall not
pay any local educational agency the full amount deter-
mined under section 6103 for any fiscal year unless the
State educational agency notifies the Secretary, and the
Secretary determines, that the combined fiscal effort of
that local agency and the State with respect to the provi-
sion of free public education by that local agency for the
preceding fiscal year, computed on either a per-student or
aggregate expenditure basis, was at least 90 percent of
such combined fiscal effort, computed on the same basis,
for the second preceding fiscal year.
‘‘(2) If the Secretary determines for any fiscal year
that a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1),
the Secretary shall—
‘‘(A) reduce the amount of the grant that would
otherwise be made to the agency under this part in
the exact proportion of that agency’s failure to
maintain its fiscal effort at that level; and
‘‘(B) not use the reduced amount of the agen-
cy’s expenditures for the preceding year to deter-
mine compliance with paragraph (1) for any suc-
ceeding fiscal year, but shall use the amount of ex-
287
penditures that would have been required to comply
with paragraph (1).
‘‘(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if
the Secretary determines that the failure to comply with
such requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency’s financial resources.
‘‘(B) The Secretary shall not use the reduced amount
of such agency’s expenditures for the fiscal year preceding
the fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal
year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1) in the
absence of the waiver.
‘‘(d) REALLOCATIONS.—The Secretary may reallo-
cate, in the manner the Secretary determines will best
carry out the purpose of this part, any amounts that—
‘‘(1) based on estimates by local educational
agencies or other information, will not be needed by
those agencies to carry out their approved projects
under this part; or
‘‘(2) otherwise become available for reallocation
under this part.
288
‘‘PART B—DISCRETIONARY PROGRAMS TO IMPROVE
EDUCATIONAL ACHIEVEMENT OF INDIAN CHILDREN
‘‘GRANTS TO INDIAN-CONTROLLED SCHOOLS
‘‘SEC. 6201. (a) PURPOSE.—It is the purpose of this
section to support Indian-controlled schools by providing
assistance to—
‘‘(1) help Indian-controlled schools get started
and established; and
‘‘(2) pay for supplemental services that will—
‘‘(A) enable Indian students to meet the
same challenging State performance standards
that all students will be expected to meet; and
‘‘(B) assist the Nation in reaching the Na-
tional Education Goals.
‘‘(b) ELIGIBLE APPLICANTS.—Indian tribes and In-
dian organizations may apply under this section for grants
for schools for Indian children.
‘‘(c) PRIORITY.—(1) In making grants under this
section, the Secretary shall give priority to applicants that
are—
‘‘(A) starting new schools with the approval of
the Bureau of Indian Affairs; or
‘‘(B) in the process of gaining control over a
school operated by the Bureau of Indian Affairs.
289
‘‘(2) To qualify for the priority under paragraph (1),
an applicant must demonstrate to the Secretary’s satisfac-
tion that the school for which assistance is sought will—
‘‘(A) receive funds under the Indian school
equalization program established under the Edu-
cation Amendments of 1978 within three years of
the beginning of its proposed project; and
‘‘(B) have been under the control of the appli-
cant for less than three years as of the beginning of
its proposed project.
‘‘(d) AUTHORIZED ACTIVITIES.—(1) Recipients of
grants under this section shall use grant funds to carry
out projects and activities that meet the purpose of this
section.
‘‘(2) Such activities include, but are not limited to—
‘‘(A) student assessments;
‘‘(B) curriculum development;
‘‘(C) staff development; and
‘‘(D) community orientation.
‘‘DEMONSTRATION GRANTS
‘‘SEC. 6202. (a) PURPOSE; COORDINATION.—(1) It
is the purpose of this section to support projects that are
designed to develop, test, and demonstrate the effective-
ness of services and programs to improve educational
achievement of Indian children.
290
‘‘(2) The Secretary shall ensure that projects under
this section are coordinated with projects under other pro-
visions of this Act.
‘‘(b) ELIGIBLE
APPLICANTS.—State educational
agencies, local educational agencies, Indian tribes, Indian
organizations, and institutions of higher education, includ-
ing Indian institutions of higher education, may apply for
grants under this section.
‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—Re-
cipients of grants under this section shall use the grant
funds to carry out projects and activities that meet the
purpose of this section, such as—
‘‘(1) instruction to raise the achievement of In-
dian children in one or more of the core curriculum
areas of English, mathematics, science, foreign lan-
guages, arts, history, and geography;
‘‘(2) programs designed to reduce the incidence
of students dropping out of school and to increase
the rate of high school graduation;
‘‘(3) partnership projects between local edu-
cational agencies and institutions of higher edu-
cation that allow high school students to enroll in
courses at the postsecondary level to aid them in the
transition from high school to postsecondary edu-
cation;
291
‘‘(4) partnership projects between schools and
local businesses for school-to-work transition pro-
grams designed to provide Indian youth with the
knowledge and skills they need to make an effective
transition from school to a first job in a high-skill,
high-wage career;
‘‘(5) family-based preschool programs that em-
phasize school readiness and parenting skills;
‘‘(6) programs designed to encourage and assist
Indian students to work toward, and gain entrance
into, institutions of higher education; and
‘‘(7) programs to meet the needs of gifted and
talented Indian students.
‘‘(d) APPLICATIONS.—(1) Any eligible entity that de-
sires to receive a grant under this section shall submit an
application to the Secretary at such time and in such man-
ner as the Secretary may require.
‘‘(2) Each such application shall contain—
‘‘(A) a description of how parents of Indian
children and representatives of Indian tribes have
been, and will be, involved in developing and imple-
menting the project for which assistance is sought;
‘‘(B) an assurance that the applicant will par-
ticipate, at the request of the Secretary, in any na-
tional evaluation of projects under this section; and
292
‘‘(C) such other assurances and information as
the Secretary may require.
‘‘PART C—PROFESSIONAL DEVELOPMENT AND ADULT
EDUCATION PROGRAMS
‘‘PROFESSIONAL DEVELOPMENT
‘‘SEC. 6301. (a) PURPOSE.—The purpose of this sec-
tion is to increase the number of qualified Indian persons
in professions serving Indian people.
‘‘(b) ELIGIBLE
APPLICANTS.—Eligible applicants
under this section are—
‘‘(1) institutions of higher education, including
Indian institutions of higher education;
‘‘(2) State and local educational agencies, in
consortium with institutions of higher education; and
‘‘(3) Indian tribes and Indian organizations, in
consortium with institutions of higher education.
‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—(1)
Each recipient of a grant under this section shall use the
grant funds to provide training to Indian persons, consist-
ent with the purpose of this section.
‘‘(2)(A) For teachers, counselors, and other education
professionals, such training shall consist of pre-service or
in-service professional development.
293
‘‘(B) For those being trained in other fields, such
training shall be in programs that result in graduate de-
grees.
‘‘(d) ALLOCATION OF FUNDS.—The Secretary shall
ensure that at least 50 percent of the sums appropriated
to carry out this section for any fiscal year are used for
training of educational personnel under subsection
(c)(2)(A).
‘‘(e) PROJECT PERIOD.—The project period for each
project approved under this section shall be up to five
years.
‘‘(f) SERVICE OBLIGATION.—The Secretary may, by
regulation, require that individuals who receive training
under this section perform related work following that
training or repay all or part of the cost of the training.
‘‘ADULT EDUCATION
‘‘SEC. 6302. (a) PURPOSE.—The purpose of this sec-
tion is to improve educational and employment opportuni-
ties for Indian adults who lack the level of literacy skills,
quantitative skills, and knowledge that they need to enjoy
more fully the benefits and responsibilities of effective citi-
zenship and productive employment by supporting projects
that—
‘‘(1) provide them sufficient high-quality edu-
cation to enable them to benefit from job training
294
and retraining programs and to obtain and retain
productive employment; and
‘‘(2) enable Indian adults who so desire to con-
tinue their education through the high school level
and beyond.
‘‘(b) ELIGIBLE APPLICANTS.—Indian tribes, Indian
organizations, Indian institutions of higher education, and
other public and nonprofit private agencies and organiza-
tions may apply for grants under this section.
‘‘(c) PROGRAM REQUIREMENTS.—Each recipient of a
grant under this section shall—
‘‘(1) provide adult education, as defined in sec-
tion 6601(2), to Indian adults in a manner that sup-
plements State funds expended for adult education
for Indian adults;
‘‘(2) coordinate its project with other adult edu-
cation programs, if any, in the same geographic
area, including programs funded under the Adult
Education Act and programs operated or funded by
the Bureau of Indian Affairs; and
‘‘(3) collect, evaluate, and report on data con-
cerning such matters as the Secretary may require,
including the number of participants, the effect of
the project on the subsequent work experience of
participants, the progress of participants in achiev-
295
ing literacy, and the number of participants who
pass high school equivalency examinations.
‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO
STATES
‘‘NATIONAL ACTIVITIES
‘‘SEC. 6401. (a) AUTHORIZED ACTIVITIES.—From
funds appropriated for any fiscal year to carry out this
section, the Secretary may—
‘‘(1) conduct research related to effective ap-
proaches to the education of Indian children and
adults;
‘‘(2) evaluate federally assisted education pro-
grams from which Indian children and adults may
benefit;
‘‘(3) collect and analyze data on the educational
status and needs of Indians; and
‘‘(4) carry out other activities consistent with
the purpose of this Act.
‘‘(b) ELIGIBILITY.—The Secretary may carry out any
of the activities described in subsection (a) directly or
through grants to, or contracts or cooperative agreements
with, Indian tribes, Indian organizations, State edu-
cational agencies, local educational agencies, institutions
of higher education, including Indian institutions of higher
296
education, and other public and private agencies and insti-
tutions.
‘‘GRANTS TO STATES
‘‘SEC. 6402. (a) PURPOSE.—The purpose of this sec-
tion is to assist States in implementing comprehensive,
Statewide strategies for providing Indian children and
adults with greater opportunities to meet challenging
State standards.
‘‘(b) ELIGIBILITY.—Each State is eligible for a grant
under this section if it has a State plan for education re-
form in the State that—
‘‘(1) in the Secretary’s judgment, effectively
provides for the education of Indian children and
adults; and
‘‘(2)(A) is integrated with the State’s plan, ei-
ther approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies
the requirements of this section that are not already
addressed by that State plan; or
‘‘(B) if the State does not have an approved
plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, is
integrated with other State plans under this Act.
‘‘(c) GRANT AMOUNTS.—(1) From funds appro-
priated to carry out this section, the Secretary shall make
a grant to each State educational agency in an eligible
297
State whose application for assistance under this section
has been approved.
‘‘(2)(A) The Secretary is authorized to deter-
mine the amount of each such grant on the basis
of—
‘‘(i) the number of Indian individuals in
the State, as determined on the basis of the
most recent available data satisfactory to the
Secretary;
‘‘(ii) the comprehensiveness and quality of
the State’s plan;
‘‘(iii) the State’s commitment to high-qual-
ity education programs for Indian children and
adults; and
‘‘(iv) other factors that the Secretary finds
appropriate.
‘‘(B) Notwithstanding subparagraph (A), no
grant under this section shall be in an amount less
than the greater of—
‘‘(i) $50,000; or
‘‘(ii) five percent of the total amount paid
to local educational agencies in the State for
that fiscal year under part A of this title.
‘‘(d) AUTHORIZED ACTIVITIES.—Each State that re-
ceives a grant under this section shall use the grant funds
298
for activities to meet the purpose of this section, includ-
ing—
‘‘(1) reviewing local educational agency applica-
tions under part A of this title;
‘‘(2) collecting data;
‘‘(3) providing technical assistance to local edu-
cational agencies;
‘‘(4) measuring the achievement of Indian stu-
dents against the standards set out in the State’s
plan described in subsection (b); and
‘‘(5) carrying out other activities and providing
other services designed to build the capacity of the
State to serve the educational needs of Indian chil-
dren and adults.
‘‘(e) APPLICATIONS.—Each State that desires to re-
ceive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and con-
taining such information and assurances as the Secretary
may require, including an assurance that the State will
submit to the Secretary, every two years, a report on its
activities under this section containing such data and
other information as the Secretary may require.
299
‘‘PART E—FEDERAL ADMINISTRATION
‘‘OFFICE OF INDIAN EDUCATION
‘‘SEC. 6501. (a) OFFICE OF INDIAN EDUCATION.—
There shall be an Office of Indian Education (hereafter
in this section referred to as ‘‘the Office’’) in the Depart-
ment of Education.
‘‘(b) DIRECTOR.—(1) The Office shall be under the
direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
‘‘(2) The Director shall—
‘‘(A) be responsible for administering this title;
‘‘(B) be involved in, and be primarily respon-
sible for, the development of all policies affecting In-
dian children and adults under programs adminis-
tered by the Office of Elementary and Secondary
Education; and
‘‘(C) coordinate the development of policy and
practice for all programs in the Department relating
to Indian persons.
‘‘(3) The Director of the Office shall be a member
of the career Senior Executive Service.
‘‘(c) INDIAN PREFERENCE
IN EMPLOYMENT.—(1)
The Secretary shall give a preference to Indian persons
in all personnel actions in the Office.
300
‘‘(2) Such preference shall be implemented in the
same fashion as the preference given to any veteran under
section 2609 of the Revised Statutes, section 45 of title
25, United States Code.
‘‘NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION
‘‘SEC. 6502. (a) MEMBERSHIP.—There shall be a
National Advisory Council on Indian Education (hereafter
in this section referred to as ‘‘the Council’’), which shall—
‘‘(1) consist of 15 Indian members, who shall
be appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
‘‘(2) represent different geographic areas of the
country.
‘‘(b) DUTIES.—The Council shall—
‘‘(1) advise the Secretary on the funding and
administration, including the development of regula-
tions and of administrative policies and practices, of
any program, including programs under this title,
for which the Secretary is responsible and in which
Indian children or adults participate or from which
they can benefit;
‘‘(2) make recommendations to the Secretary
for filling the Director’s position whenever a vacancy
occurs in that position; and
301
‘‘(3) submit to the Congress, by June 30 of
each year, a report on its activities, which shall in-
clude—
‘‘(A) any recommendations it finds appro-
priate for the improvement of Federal education
programs in which Indian children or adults
participate, or from which they can benefit; and
‘‘(B) its recommendations with respect to
the funding of any such programs.
‘‘PEER REVIEW
‘‘SEC. 6503. In reviewing applications under parts B,
C, and D of this title, the Secretary may use a peer review
process.
‘‘PREFERENCE FOR INDIAN APPLICANTS
‘‘SEC. 6504. In making grants under parts B and C
of this title, the Secretary shall give a preference to Indian
tribes, Indian organizations, and Indian institutions of
higher education under any program for which they are
eligible to apply.
‘‘MINIMUM GRANT CRITERIA
‘‘SEC. 6505. In making grants under parts B and C
of this title, the Secretary shall approve only projects that
are—
‘‘(1) of sufficient size, scope, and quality to
achieve the purpose of the section under which as-
sistance is sought; and
302
‘‘(2) based on relevant research findings.
‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF
APPROPRIATIONS
‘‘DEFINITIONS
‘‘SEC. 6601. The following definitions apply to terms
as used in this title:
‘‘(1) The term ‘adult’ means an individual who
is either—
‘‘(A) at least 16 years old; or
‘‘(B) beyond the age of compulsory school
attendance under State law.
‘‘(2) The term ‘adult education’ has the mean-
ing given that term in section 312(2) of the Adult
Education Act.
‘‘(3) The term ‘free public education’ means
education that is—
‘‘(A) provided at public expense, under
public supervision and direction, and without
tuition charge; and
‘‘(B) provided as elementary or secondary
education in the applicable State or to preschool
children.
‘‘(4) The term ‘Indian’ means an individual
who is—
303
‘‘(A) a member of an Indian tribe or band,
as membership is defined by the tribe or band,
including—
‘‘(i) tribes and bands terminated since
1940; and
‘‘(ii) tribes and bands recognized by
the State in which they reside;
‘‘(B) a descendant, in the first or second
degree, of an individual described in subpara-
graph (A);
‘‘(C) considered by the Secretary of the In-
terior to be an Indian for any purpose; or
‘‘(D) an Eskimo, Aleut, or other Alaska
Native.
‘‘AUTHORIZATIONS OF APPROPRIATIONS
‘‘SEC. 6602. (a) PART A.—For the purpose of carry-
ing out part A of this title, there are authorized to be
appropriated such sums as may be necessary for each of
the fiscal years 1995 through 1999.
‘‘(b) PARTS B THROUGH D.—For the purpose of car-
rying out parts B, C, and D of this title, there are author-
ized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
‘‘(c) PART E.—For the purpose of carrying out part
E of this title, including section 6502, there are authorized
304
to be appropriated such sums as may be necessary for
each of the fiscal years 1995 through 1999.
‘‘TITLE VII—BILINGUAL EDUCATION
PROGRAMS
‘‘FINDINGS
‘‘SEC. 7001. The Congress finds that—
‘‘(1) there are large and growing numbers of
children and youth of limited English proficiency,
many of whom have a cultural heritage that differs
from that of their English proficient peers;
‘‘(2) limited English proficient children and
youth face a number of challenges in receiving an
education that will enable them to participate fully
in American society, including segregated education
programs; disproportionate and improper placement
in special education and other special programs due
to the use of inappropriate evaluation procedures;
the limited English proficiency of their own parents,
which hinders the parents’ ability to fully participate
in the education of their children; a shortage of
teachers and educational personnel who are profes-
sionally trained and qualified to serve them;
‘‘(3) the Federal government, as exemplified by
title VI of the Civil Rights Act of 1964 and section
204(f) of the Equal Education Opportunities Act of
305
1974, has a special and continuing obligation to en-
sure that States and local school districts take ap-
propriate action to provide equal educational oppor-
tunities to children and youth of limited English
proficiency;
‘‘(4) The Federal government also, as exempli-
fied by its efforts under this title, has a special and
continuing obligation to assist States and local
school districts in developing the capacity to provide
programs of instruction that offer limited English
proficient children and youth an equal educational
opportunity;
‘‘(5) in carrying out its responsibilities with re-
spect to ensuring equal educational opportunity for
children and youth of limited English proficiency,
the Federal government has learned that—
‘‘(A) large numbers of these children and
youth have needs that must be met by a pro-
gram of instruction designed specifically for
them;
‘‘(B) a primary purpose of such programs
must be developing the English language skills
of such children and youth;
‘‘(C) the use of a child or youth’s native
language and culture in classroom instruction
306
can promote self-esteem and contribute to aca-
demic achievement and learning English by lim-
ited English proficient children and youth; ben-
efit English proficient children and youth who
also participate in such programs; and develop
our national language resources, thus promot-
ing the nation’s competitiveness in the global
economy;
‘‘(D) parent and community participation
in bilingual education programs contributes to
program effectiveness; and
‘‘(E) research, evaluation, and data-collec-
tion capabilities in the field of bilingual edu-
cation need to be strengthened so that edu-
cators can better identify and promote those
programs, program implementation strategies,
and instructional practices that result in effec-
tive education; and
‘‘(6) providing the educational services that pre-
pare newly immigrated children and youth for full
participation in American society and to achieve
challenging State performance standards is a signifi-
cant problem for a number of local educational agen-
cies. Supplementary Federal assistance can help
such agencies meet their responsibilities.
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‘‘POLICY; AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 7002. (a) POLICY.—The Congress declares it
to be the policy of the United States, in order to ensure
equal educational opportunity for all children and youth
and to promote educational excellence, to assist State and
local educational agencies to build their capacity to estab-
lish, implement, and sustain programs of instruction for
children and youth of limited English proficiency that—
‘‘(1) develop their English and, to the extent
possible, their native language skills;
‘‘(2) educate such children and youth to meet
the same rigorous standards for academic perform-
ance expected of all children and youth, including
meeting challenging State performance standards in
academic areas; and
‘‘(3) develop bilingual skills and multi-cultural
understanding.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—(1) For
the purpose of carrying out this title, except for part D,
there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1995 through
1999.
‘‘(2) For the purpose of carrying out part D of this
title, there are authorized to be appropriated such sums
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as may be necessary for each of the fiscal years 1995
through 1999.
‘‘DEFINITIONS
‘‘SEC. 7003. (a) DEFINITIONS.—For the purpose of
this title, the following terms have the following meanings:
‘‘(1)(A) The term ‘bilingual education pro-
gram’—
‘‘(i) means a program of instruction de-
signed specifically for children and youth of lim-
ited English proficiency at any grade level, in-
cluding the preschool, elementary, or secondary
school levels, that is intended to help them de-
velop proficiency in the English and, to the ex-
tent possible, the native language and achieve
to high academic standards in all courses of
study; and
‘‘(ii) may include activities to assist the
parents of such children and youth enrolled in
bilingual education programs to participate in
the education of their children.
‘‘(B)(i) A bilingual education program may be
conducted in English, the native language, or both
languages, except that all bilingual education pro-
grams must develop proficiency in the English lan-
guage. The native language may be used in the in-
structional program to facilitate the acquisition of
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English; to develop overall linguistic competence;
and to develop competence in the academic curricu-
lum.
‘‘(ii) A bilingual education program must, to
the extent possible, incorporate the cultural heritage
of the children or youth of limited English pro-
ficiency served by the program, as well as the cul-
tural heritage of other children in American society.
‘‘(C) Children and youth proficient in English
may participate in a bilingual education program so
long as the primary purpose of the program is to
benefit children and youth of limited English pro-
ficiency.
‘‘(2) The term ‘children and youth’ means indi-
viduals aged three through twenty-one.
‘‘(3) The term ‘Director’ means the Director of
the Office of Bilingual Education and Minority Lan-
guages Affairs established under section 210 of the
Department of Education Organization Act.
‘‘(4) The term ‘immigrant children and youth’
means individuals who—
‘‘(A) are aged three through twenty-one;
‘‘(B) were not born in any State; and
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‘‘(C) have not been attending one or more
schools in any one or more States for more
than 12 months.
‘‘(5) The terms ‘limited English proficiency’
and ‘limited English proficient’, when used with ref-
erence to an individual, mean an individual—
‘‘(A) who—
‘‘(i) was not born in the United States
or whose native language is a language
other than English;
‘‘(ii) comes from an environment
where a language other than English is
dominant; or
‘‘(iii) is an American Indian or Alaska
Native and comes from an environment
where a language other than English has
had a significant impact on his or her level
of English language proficiency; and
‘‘(B) who, by reason thereof, has sufficient
difficulty speaking, reading, writing, or under-
standing the English language to deny such in-
dividual the opportunity to learn successfully in
classrooms where the language of instruction is
English or to participate fully in our society.
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‘‘(6) The term ‘native language’, when used
with reference to an individual of limited English
proficiency, means the language normally used by
such individual, or in the case of a child or youth,
the language normally used by the parents of the
child or youth.
‘‘(7) The term ‘other programs for persons of
limited English proficiency’ means any programs ad-
ministered by the Secretary that directly involve bi-
lingual education activities serving persons of limited
English proficiency.
‘‘INDIAN CHILDREN IN SCHOOL
‘‘SEC. 7004. (a) For the purpose of carrying out pro-
grams under this title for individuals served by elementary
and secondary schools operated predominately for Indian
or Alaska Native children and youth, an Indian tribe, a
tribally sanctioned educational authority, or an elementary
or secondary school that is operated or funded by the Bu-
reau of Indian Affairs shall be considered to be a local
educational agency as such term is used in this title, sub-
ject to the following qualifications:
‘‘(1) The term ‘Indian tribe’ means any Indian
tribe, band, nation, or other organized group or com-
munity, including any Alaska Native village or re-
gional or village corporation as defined in or estab-
lished pursuant to the Alaska Native Claims Settle-
312
ment Act (43 U.S.C. 1601 et seq.), that is recog-
nized for the special programs and services provided
by the United States to Indians because of their sta-
tus as Indians.
‘‘(2) The term ‘tribally sanctioned educational
authority’ means—
‘‘(A) any department or division of edu-
cation operating within the administrative
structure of the duly constituted governing body
of an Indian tribe; and
‘‘(B) any nonprofit institution or organiza-
tion that is—
‘‘(i) chartered by the governing body
of an Indian tribe to operate any such
school 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.
‘‘PART A—FINANCIAL ASSISTANCE FOR BILINGUAL
EDUCATION
‘‘FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION
‘‘SEC. 7101. (a) PURPOSE.—The purpose of this part
is to assist local educational agencies, through the grants
authorized by subsections (b), (c), and (d), to—
314
‘‘(c) COMPREHENSIVE SCHOOL GRANTS.—(1) The
Secretary is authorized to make grants to local educational
agencies for the purpose of implementing school-wide bi-
lingual education programs that serve children and youth
of limited English proficiency in schools with significant
concentrations of such children and youth.
‘‘(2) Grants awarded under this subsection shall be
for a period of up to five years.
‘‘(d) COMPREHENSIVE DISTRICT GRANTS.—(1) The
Secretary is authorized to make grants to local educational
agencies for the purpose of implementing district-wide bi-
lingual education programs that serve children and youth
of limited English proficiency in districts with significant
concentrations of such children and youth.
‘‘(2) Grants awarded under this subsection shall be
for a period of up to five years.
‘‘(e) USE OF FUNDS.—(1) Recipients may use funds
for programs authorized by subsections (b), (c), and (d)
for—
‘‘(A) identification and acquisition of curricular
materials, educational software, and technologies to
advance the education of children and youth of lim-
ited English proficiency;
315
‘‘(B) parent outreach and training activities de-
signed to assist parents to become active partici-
pants in the education of their children;
‘‘(C) salaries of personnel, including teacher
aides who have been specifically trained, or are being
trained, to provide services to children and youth of
limited English proficiency;
‘‘(D) tutorials and academic or career counsel-
ing for children and youth of limited English pro-
ficiency; and
‘‘(E) such other activities, related to the pur-
poses of this part, as the Secretary may approve.
‘‘(2) Recipients of awards under subsections (c) and
(d) may—
‘‘(A) use such funds for pre-service and in-serv-
ice professional development of staff participating,
or preparing to participate, in the program, includ-
ing those who will not directly participate in the bi-
lingual instructional program, if such activities are
directly related to serving children and youth of lim-
ited English proficiency and will help accomplish the
purposes of this title; and
‘‘(B) during the first 12 months of such a
grant, engage exclusively in activities preparatory to
the delivery of services, which may include program
316
design, the development of materials and procedures,
and activities to involve parents in the educational
program and to enable parents and family members
to assist in the education of children and youth of
limited English proficiency.
‘‘(f) GEOGRAPHIC DISTRIBUTION
OF FUNDS.—To
the extent possible, the Secretary shall award funds under
this section throughout the Nation in a manner that re-
flects the geographic distribution of children and youth of
limited English proficiency.
‘‘(g) APPLICATIONS.—(1) Any local educational agen-
cy desiring to receive a grant under this section shall sub-
mit, through its State educational agency, an application
to the Secretary, in such form, at such time, and contain-
ing such information and assurances as the Secretary may
require.
‘‘(2) Each application shall—
‘‘(A) describe—
‘‘(i) the need for the proposed program, in-
cluding data on the number of the children and
youth of limited English proficiency in the
school or district to be served and their charac-
teristics, such as language spoken, dropout
rates, proficiency in English and the native lan-
guage, academic standing in relation to their
317
English proficient peers, and, where applicable,
the recency of immigration; and
‘‘(ii) the program to be implemented and
how its design—
‘‘(I) relates to the linguistic and aca-
demic needs of the children and youth of
limited English proficiency to be served;
and
‘‘(II) is consistent with, and promotes
the goals in, its plan under title III of the
Goals 2000: Educate America Act, if such
plan exists, and its plan under section
1112 of this Act, particularly as those
plans relate to the education of children
and youth of limited English proficiency;
and
‘‘(B) provide an assurance that the applicant
will not reduce the level of State and local funds
that it expends for bilingual education programs if
it receives an award under this part.
‘‘(3) Each application for a grant under subsections
(c) or (d) shall also—
‘‘(A) describe—
318
‘‘(i) current services the applicant provides
to children and youth of limited English pro-
ficiency;
‘‘(ii) what services children and youth of
limited English proficiency would receive under
the grant that they would not otherwise receive;
‘‘(iii) how funds received under this part
will be integrated with all other Federal, State,
local, and private resources that may be used to
serve children and youth of limited English pro-
ficiency; and
‘‘(iv) specific achievement and school reten-
tion goals for the children and youth to be
served by the proposed program and how
progress toward achieving such goals will be
measured; and
‘‘(B) provide assurances that—
‘‘(i) the program funded will—
‘‘(I) serve all (or virtually all) of the
children and youth of limited English pro-
ficiency in a school participating in a pro-
gram under subsection (c); or
‘‘(II) serve a significant number of the
children and youth of limited English pro-
319
ficiency in the district participating in a
program under subsection (d);
‘‘(ii) the program funded will be integrated
with the overall educational program; and
‘‘(iii) the application has been developed in
consultation with an advisory council, the ma-
jority of whose members are parents and other
representatives of the children and youth to be
served in such programs.
‘‘(h) LIMITATION ON FUNDING.—(1) No more than
25 percent of the total amount of funds that the Secretary
awards under subsection (b) for any fiscal year shall be
used to fund bilingual education programs that do not use
the native language.
‘‘(2) No more than 25 percent of the total amount
of funds that the Secretary awards under subsection (c)
for any fiscal year shall be used to fund bilingual edu-
cation programs that do not use the native language.
‘‘(i) STATE REVIEW OF APPLICATIONS UNDER PART
A.—In order for an eligible applicant to apply for funds
under this part, its State educational agency shall review
such application for funds and provide the Secretary with
timely comments on the need within the State for the pro-
posed program and whether the proposed program is con-
sistent with the State’s plan, either approved or being de-
320
veloped, under title III of the Goals 2000: Educate Amer-
ica Act, or, if the State does not have an approved plan
under title III of the Goals 2000: Educate America Act
and is not developing such a plan, with the State plan
under section 1111 of this Act.
‘‘(j) CAPACITY BUILDING.—(1) Each recipient of a
grant under this section shall use its grant in ways that
will build its capacity to continue to offer high-quality bi-
lingual education programs and services to children and
youth of limited English proficiency once Federal assist-
ance is reduced or eliminated.
‘‘(2) In making awards under this part for any fiscal
year, the Secretary shall, consistent with the quality of
applications and the funds available under this part, in-
crease the amount of funds used to support grants under
subsections (c) and (d) over the amount allotted to sub-
sections (c) and (d) in the previous fiscal year.
‘‘(k) CONSORTIA.—A local educational agency that
receives a grant under this part may collaborate or form
a consortium with one or more local educational agencies,
institutions of higher education, and non-profit organiza-
tions to carry out the approved program.
‘‘(l) SUBGRANTS.—A local educational agency that
receives a grant under this part may, with the approval
of the Secretary, make a subgrant to, or enter into a con-
321
tract with, an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-
of-school youth.
‘‘(m) PARENTAL NOTIFICATION.—(1) Parents of a
child or youth of limited English proficiency identified for
enrollment in bilingual education programs shall be in-
formed of the—
‘‘(A) benefits and nature of the bilingual edu-
cational program and of the instructional alter-
natives; and
‘‘(B) reasons for the selection of their child as
being in need of bilingual education.
‘‘(2)(A) Parents shall also be informed that they have
the option of declining enrollment of their children in such
programs and shall be given an opportunity to do so if
they so choose.
‘‘(B) Local educational agencies are not relieved of
any of their obligations under title VI of the Civil Rights
Act of 1964 because parents choose not to enroll their chil-
dren in bilingual education programs.
‘‘(3) Parents must receive, in a manner and form un-
derstandable to them, including, if necessary and to the
extent feasible, in their native language, the information
322
required by this subsection. At a minimum, parents must
receive—
‘‘(A) timely information about projects funded
under this part; and
‘‘(B) if the parents of participating children so
desire, notice of opportunities for regular meetings
for the purpose of formulating and responding to
recommendations from such parents.
‘‘(n) PROGRAMS IN PUERTO RICO.—Programs au-
thorized under this section in the Commonwealth of Puer-
to Rico may, notwithstanding any other provision of this
title, include programs of instruction, teacher training,
curriculum development, evaluation, and testing designed
for children and youth of limited Spanish proficiency.
‘‘PART B—RESEARCH AND EVALUATION
‘‘USE OF FUNDS
‘‘SEC. 7201. The Secretary is authorized to conduct
data collection, dissemination, research, and evaluation ac-
tivities for the purpose of improving bilingual education
programs for children and youth of limited English pro-
ficiency.
‘‘RESEARCH
‘‘SEC. 7202. (a) AWARDS.—The Secretary may make
grants and award contracts and cooperative agreements
for research and evaluation activities related to improving