Goals 2000:  Educate America Act
PL 103-227 (H.R.1804), enacted 03/31/1994

PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 125 
Public Law 103-227 
103d Congress 
An Act 
To improve learning and teaching by providing a national framework for education 
reform; to promote the research, consensus building, and systemic changes needed 
to ensure equitable educational opportunities and high levels of educational 
Mar. 31, 1994 
achievement for all students; to provide a framework for reauthorization of all 
[H.R. 1804] 
Federal education programs; to promote the development and adoption of a vol-
untary national system of skill standards and certifications; and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
Goals 2000: 
' 
^ 
Educate 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
America Act. 
(a) SHORT TITLE.—^This Act (other than titles V and IX) may governmental 
be cited as the "Goals 2000: Educate America Act". 
relations. 
(b) TABLE OF CONTENTS.—The table of contents is as follows: 20 use 580i 
note. 
Sec. 1. Short title; table of contents. 
Sec. 2. Purpose. 
Sec. 3. Definitions. 
TITLE I—NATIONAL EDUCATION GOALS 
Sec. 101. Purpose. 
Sec. 102. National education goals. 
TITLE II—NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND 
ASSESSMENTS 
PART A—NATIONAL EDUCATION GOALS PANEL 
Sec. 201. Purpose. 
Sec. 202. National Education Goals Panel. 
Sec. 203. Duties. 
Sec. 204. Powers of the Goals Panel. 
Sec. 205. Administrative provisions. 
Sec. 206. Director and staff; experts and consultants. 
Sec. 207. Early childhood assessment. 
PART B—NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL 
Sec. 211. Purpose. 
Sec. 212. National Education Standards and Improvement Coimcil. 
Sec. 213. Duties. 
Sec. 214. Annual reports. 
Sec. 215. Powers of the Council. 
Sec. 216. Publication for public comment. 
Sec. 217. Administrative provisions. 
Sec. 218. Director and staff; experts and consultants. 
Sec. 219. Opportunity-To-Leam Development Grant. 
Sec. 220. Assessment development and evaluation grants. 
Sec. 221. Evaluation. 
PART C—LEADERSHIP IN EDUCATIONAL TECHNOLOGY 
Sec. 231. Purposes. 
Sec. 232. Federal leadership. 
V 
108 STAT. 126 
PUBLIC LAW 103-227—MAR. 31, 1994 
Sec. 233. Office of educational technology. 
Sec. 234. Uses of funds. 
Sec. 235. Non-Federal share. 
Sec. 236. Officeof training technology transfer. 
PART D—AUTHORIZATION OP APPROPRIATIONS 
Sec. 241. Authorization of appropriations. 
TITLE III—STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT 
Sec. 301. Findings. 
Sec. 302. Purpose. 
Sec. 303. Authorization of appropriations. 
Sec. 304. Allotment of funds. 
Sec. 305. State applications. 
Sec. 306. State improvement plans. 
Sec. 307. Secretary's review of applications; pa3rment8. 
Sec. 308. State use of funds. 
Sec. 309. Subgrants for local reform and professional development. 
Sec. 310. Availabilitjr of information and training. 
Sec. 311. Waivers of statutory and regulatory requirements. 
Sec. 312. Progress reports. 
Sec. 313. Technical and other assistance regarding school finance equity. 
Sec. 314. National leadership. 
Sec. 315. Assistance to the outlying areas and to the Secretary of the Interior. 
Sec. 316. Clarification regarding State standards and assessments. 
Sec. 317. State planning for improving student achievement through integration of 
technology into the curriculum. 
Sec. 318. Prohibition on Federal mandates, direction, and control. 
Sec. 319. State and local government control of education. 
TITLE IV—PARENTAL ASSISTANCE 
Sec. 401. Parental information and resource centers. 
Sec. 402. Applications. 
Sec. 403. Uses of funds. 
Sec. 404. Technical assistance. 
Sec. 405. Definitions. 
Sec. 406. Reports. 
Sec. 407. General provision. 
Sec. 408. Authorization of appropriations. 
TITLE V—NATIONAL SKILL STANDARDS BOARD 
Sec. 501. Short title. 
Sec. 502. Purpose. 
Sec. 503. Establishment of National Board. 
Sec. 504. Functions of the National Board. 
Sec. 505. Deadlines. 
Sec. 506. Reports. 
Sec. 507. Authorization of appropriations. 
Sec. 508. Definitions. 
Sec. 509. Sunset provision. 
TITLE VI—INTERNATIONAL EDUCATION PROGRAM 
^ 
Sec. 601. International Education Program. 
TITLE VII—SAFE SCHOOLS 
Sec. 701. Short title; statement of purpose. 
\ 
Sec. 702. Safe schools program authorized. 
\ 
r Sec. 703. Eligible applicants. 
Sec. 704. Applications and plans. 
Sec. 705. Use of funds. 
Sec. 706. National activities. 
Sec. 707. National cooperative education statistics system. 
Sec. 708. Reports. 
Sec. 709. Coordination of Federal assistance. 
TITLE VIII—MINORITY-FOCUSED CIVICS EDUCATION 
Sec. 801. Short title. 
Sec. 802. Purposes. 
Sec. 803. Grants authorized; authorization of appropriations. 
Sec. 804. Definitions. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 127 
Sec. 805. Applications. 
TITLE K—EDUCATIONAL RESEARCH AND IMPROVEMENT 
^ 
Sec. 901. Short title. 
Sec. 902. Findings. 
PART A—GENERAL PROVISIONS REGARDING THE OFFICE OF EDUCATIONAL RESEARCH 
AND IMPROVEMENT 
Sec. 911. Repeal. 
Sec. 912. Office of Educational Research and Improvement. 
Sec. 913. Assistant Secretary for Educational Research and Improvement. 
Sec. 914. Savings provision. 
Sec. 915. Existing grants and contracts. 
PART B—NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD 
Sec. 921. Establishment within Office of Educational Research and Improvement. 
PART C—NATIONAL RESEARCH INSTITUTES 
Sec. 931. Establishment within the Office of Educational Research and Improve-
ment. 
PART D—NATIONAL EDUCATION DISSEMINATION SYSTEM 
Sec. 941. Establishment within Office of Educational Research and Improvement. 
PART E—NATIONAL LIBRARY OF EDUCATION 
Sec. 951. Establishment within Office of Educational Research and Improvement. 
PART F—STAR SCHOOLS 
Sec. 961. Star schools. 
PART G—OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION 
Sec. 971. Office of Comprehensive School Health Education. 
PART H—FIELD READERS 
Sec. 981. Field readers. 
PART I—AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED 
TECHNOLOGY EDUCATION ACT 
Sec. 991. National Occupational Information Coordinating Committee. 
TITLE X—MISCELLANEOUS 
PART A—MISCELLANEOUS PROVISIONS 
Sec. 1011. School prayer. 
Sec. 1012. Funding for the Individuals with Disabilities Education Act. 
Sec. 1013. National Board for professional teaching standards. 
Sec. 1014. Forgiveness of certain overpayments. 
Sec. 1015. Study of goals 2000 and students with disabilities. 
Sec. 1016. Amendments to summer youth employment and training program. 
Sec. 1017. Protection of pupils. 
Sec. 1018. Contraceptive devices. 
Sec. 1019. Assessments. 
Sec. 1020. Public schools. 
Sec. 1021. Assessment of educational progress activities. 
Sec. 1022. Sense of the Congress. 
PART B—GUN-FREE SCHOOLS 
Sec. 1031. Short title. 
Sec. 1032. Gun-free requirements in elementary and secondary schools. 
PART C—ENVIRONMENTAL TOBACCO SMOKE 
Sec. 1041. Short title. 
Sec. 1042. Definitions. 
Sec. 1043. Nonsmoking policy for children's services. 
Sec. 1044. Preemption. 
PART D—MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP 
Sec. 1051. Short title. 
108 STAT. 128 
PUBLIC LAW 103-227—MAR. 31, 1994 
Sec. 1052. Grants for midnight basketball league training and partnership pro-
grams. 
Sec. 1053. Public housing midnight basketball league programs. 
20 use 5801. 
SEC. 2. PURPOSE. 
The purpose of this Act is to provide a framework for meeting 
the National Education Goals established by title I of this Act 
b y -
(1) promoting cohere'it, nationwide, systemic education 
reform; 
(2) improving the quality of learning and teaching in the 
classroom and in the workplace; 
(3) defining appropriate and coherent Federal, State, and 
local roles and responsibilities for education reform and lifelong 
learning; 
(4) establishing valid and reliable mechanisms for— 
(A) building a broad national consensus on American 
education reform; 
(B) assisting in the development and certification of 
high-quality, internationally competitive content and stu-
dent performance standards; 
(C) assisting in the development and certification of 
opportunity-to-leam standards; and 
(D) assisting in the development and certification of 
high-quality assessment measures that reflect the inter-
nationally competitive content and student performance 
stendards; 
(5) supporting new initiatives at the Federal, State, local, 
and school levels to provide equal educational opportunity for 
all students to meet high academic and occupational skill stand-
ards and to succeed in the world of employment and civic 
participation; 
(6) providing a framework for the reauthorization of all 
Federal education programs by— 
(A) creating a vision of excellence and equity that 
will guide all Federal education and related programs; 
(B) providing for the establishment of hign-quality, 
internationally competitive content and student perform-
ance standards and strategies that all students will be 
expected to achieve; 
(C) providing for the esteblishment of high-quality, 
internationally competitive opportunity-to-leam standards 
that all States, local educational agencies, and schools 
should achieve; 
(D) encouraging and enabling all State educational 
agencies and local educational agencies to develop com-
prehensive improvement plans that will provide a coherent 
framework for the implementetion of reauthorized Federal 
education and related programs in an integrated fashion 
that effectively educates all children to prepare them to 
participate fully as workers, parents, and citizens; 
(E) providing resources to help individual schools, 
including those serving students with high needs, develop 
and implement comprenensive improvement plans; and 
(F) promoting the use of technology to enable all stu-
dents to achieve the National Education Goals; 
(7) stimulating the development and adoption of a vol-
untary national system of skill stendards and certification to 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 129 
serve as a cornerstone of the national strategy to enhance 
workforce skills; and 
(8) assisting every elementary and secondary school that 
receives funds under this Act to actively involve parents and 
families in supporting the academic work of their children 
at home and in providing parents with skills to advocate for 
their children at school. 
SEC. 3. DEFINrnONS. 
20 USC 5802. 
(a) TITLES I, II, III, AND X.—As used in titles I, II, III, and 
X of this Act— 
(1) the terms "all students" and "all children" mean stu-
dents or children from a broad range of backgrounds and cir-
cumstances, including disadvantaged students and children, 
students or children with diverse racial, ethnic, and cultural 
backgrounds, American Indians, Alaska Natives, Native Hawai-
ians, students or children with disabilities, students or children 
with limited-English proficiency, school-aged students or chil-
dren who have dropped out of school, migratory students or 
children, and academically talented students and children; 
(2) the term "Bureau", unless otherwise provided, means 
the Bureau of Indian Affairs; 
(3) the terms "community", "public", and "advocacy group" 
include representatives of organizations advocating for the edu-
cation of American Indian, Alaska Native, and Native Hawaiian 
children and Indian tribes; 
(4) the term "content standards" means broad descriptions 
of the knowledge and skills students should acquire in a 
particular subject area; 
(5) the term "Governor" means the chief executive of the 
State; 
(6) the terms "local educational agency" and "State edu-
cational agency" have the meaning given such terms in section 
1471 of the Elementary and Secondary Education Act of 1965; 
(7) the term "opportunity-to-learn standards" means the 
criteria for, and the basis of, assessing the sufficiency or quality 
of the resources, practices, and conditions necessary at each 
level of the education system (schools, local educational agen-
cies, and States) to provide all students with an opportunity 
to learn the material in voluntary national content standards 
or State content standards; 
(8) the term "outlying areas" means Guam, American 
Samoa, the Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, Palau (until the effective date of the Compact 
of Free Association with the Government of Palau), the Republic 
of the Marshall Islands, and the Federated States of Micronesia; 
(9) the term "performance standards" means concrete exam-
ples and explicit definitions of what students have to know 
and be able to do to demonstrate that such students are pro-
ficient in the skills and knowledge framed by content standards; 
(10) the term "related services" has the same meaning 
given such term under section 602 of the Individuals with 
Disabilities Education Act; 
(11) the term "State assessment" means measures of stu-
dent performance which include at least 1 instrument of evalua-
tion, and may include other measures of student performance, 
for a specific purpose and use which are intended to evaluate 
108 STAT. 130 
PUBLIC LAW 103-227—MAR. 31, 1994 
the progress of all students in the State toward learning the 
material in State content standards in 1 or more subject areas; 
(12) the term "school" means a public school that is under 
the authority of the State educational agency or a local edu-
cational agency or, for the purpose of carrying out section 
315(b), a school that is operated or funded by the Bureau; 
(13) the term "Secretary", unless otherwise provided, means 
the Secretary of Education; and 
(14) the term "State", unless otherwise provided, means 
each of the 50 States, the District of Columbia, the Common-
wealth of Puerto Rico, and each of the outlying areas. 
(b) TITLES IV, V, VI, VII, VIII, AND DC.—For the purpose 
of titles IV, V, VI, VII, VIII, and DC— 
(1) except as provided in paragraph (3) and unless other-
wise provided, the terms used in such titles have the same 
meanings given such terms in section 1471 of the Elementary 
and Secondary Education Act of 1965; 
(2) the term "Bureau", unless otherwise provided, means 
the Bureau of Indian Affairs; and 
(3) the term "Secretary, unless otherwise provided, means 
the Secretary of Education. 
TITLE I—NATIONAL EDUCATION GOALS 
20 u s e 5811. 
SEC. 101. PURPOSE. 
The purpose of this title is to establish National Education 
Goals. 
20 u s e 5812. 
SEC. 102. NATIONAL EDUCATION GOALS. 
The Congress declares that the National Education Goals are 
the following: 
(1) SCHOOL READINESS.—(A) By the year 2000, all children 
in America will start school ready to learn. 
(B) The objectives for this goal are that— 
(i) all children will have access to high-quality and 
developmentally appropriate preschool programs that help 
prepare children for school; 
(ii) every parent in the United States will be a child's 
first teacher and devote time each day to helping such 
parent's preschool child learn, and parents will have access 
to the training and support parents need; and 
(iii) children will receive the nutrition, physical activity 
experiences, and health care needed to arrive at school 
with healthy minds and bodies, and to maintain the mental 
alertness necessary to be prepared to learn, and the number 
of low-birthweight babies will be significantly reduced 
through enhanced prenatal health systems. 
(2) SCHOOL COMPLETION.—<A) By the year 2000, the high 
school graduation rate will increase to at least 90 percent. 
(B) The objectives for this goal are that— 
(i) the Nation must dramatically reduce its school drop-
out rate, and 75 percent of the students who do drop 
out will successfully complete a high school degree or its 
equivalent; and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 131 
(ii) the gap in high school graduation rates between 
American students from minority backgrounds and their 
non-minority counterparts will be eliminated. 
(3) STUDENT ACHIEVEMENT AND CITIZENSHIP.—(A) By 
the 
year 2000, all students will leave grades 4, 8, and 12 having 
demonstrated competency over challenging subject 
matter 
including English, mathematics, science, foreign languages, 
civics and government, economics, arts, history, and geography, 
and every school in America will ensure that all students 
learn to use their minds well, so they may be prepared for 
responsible 
citizenship, further 
learning, 
and 
productive 
employment in our Nation's modern economy. 
(B) The objectives for this goal are that— 
(i) the academic performance of all students at the 
elementary and secondary level will increase significantly 
in every quartile, and the distribution of minority students 
in each quartile will more closely reflect the student popu-
lation as a whole; 
(ii) the percentage of all students who demonstrate 
the ability to reason, solve problems, apply knowledge, 
and write and communicate effectively 
will increase 
substantially; 
(iii) all students will be involved in activities that 
promote and demonstrate good citizenship, good health, 
community service, and personal responsibility; 
(iv) all students will have access to physical education 
and health education to ensure they are healthy and fit; 
(v) the percentage of all students who are competent 
in more than one language will substantially increase; and 
(vi) all students will be knowledgeable about the 
diverse cultural heritage of this Nation and about the world 
community. 
(4) 
TEACHER EDUCATION AND PROFESSIONAL DEVELOP-
MENT.— 
(A) By the year 2000, the Nation's teaching force will 
have access to programs for the continued improvement 
of their professional skills and the opportunity to acquire 
the knowledge and skills needed to instruct and prepare 
all American students for the next century. 
(B) The objectives for this goal are that— 
(i) all teachers will have access to preservice 
teacher education and continuing professional develop-
ment activities that will provide such teachers with 
the knowledge and skills needed to teach to an increas-
ingly diverse student population with a variety of edu-
cational, social, and health needs; 
(ii) all teachers will have continuing opportunities 
to acquire additional knowledge and skills needed to 
teach challenging subject matter and to use emerging 
new methods, forms of assessment, and technologies; 
(iii) States 
and 
school 
districts 
will 
create 
integrated 
strategies to attract, recruit, 
prepare, 
retrain, and support the continued professional devel-
opment of teachers, administrators, and other edu-
cators, so that there is a highly talented work force 
of professional educators to teach challenging subject 
matter; and 
108 STAT. 132 
PUBLIC LAW 103-227—MAR. 31, 1994 
(iv) partnerships will be established, whenever pos-
sible, among local educational agencies, institutions 
of higher education, parents, and local labor, business, 
and professional associations to provide and support 
programs for the professional development of edu-
cators. 
(5) MATHEMATICS AND SCIENCE.—(A) By the year 2000, 
United States students will be first in the world in mathematics 
and science achievement. 
(B) The objectives for this goal are that— 
(i) mathematics and science education, including the 
metric system of measurement, will be strengthened 
throughout the system, especially in the early grades; 
(ii) the number of teachers with a substantive back-
ground in mathematics and science, including the metric 
system of measurement, will increase by 50 percent; and 
(iii) the number of United States undergraduate and 
graduate students, especially women and minorities, who 
complete degrees in mathematics, science, and engineering 
will increase significantly. 
(6) ADULT LITERACY AND LIFELONG LEARNING.—(A) By 
the 
year 2000, every adult American will be literate and will possess 
the knowledge and skills necessary to compete in a global 
economy and exercise the rights and responsibilities of citizen-
ship. 
(B) The objectives for this goal are that— 
(i) every major American business will be involved 
in strengthening the connection between education and 
work; 
(ii) all workers will have the opportunity to acquire 
the knowledge and skills, from basic to highly technical, 
needed to adapt to emerging new technologies, work 
methods, and markets through public and private edu-
cational, vocational, technical, workplace, or other pro-
grams; 
(iii) the number of quality programs, including those 
at libraries, that are designed to serve more effectively 
the needs of the growing number of part-time 
and 
midcareer students will increase substantially; 
(iv) the proportion of the qualified students, especially 
minorities, who enter college, who complete at least two 
years, and who complete their degree programs will 
increase substantially; 
(v) the proportion of college graduates who demonstrate 
an advanced ability to think critically, communicate effec-
tively, and solve problems will increase substantially; and 
(vi) schools, in implementing comprehensive parent 
involvement programs, will offer more adult literacy, parent 
training and life-long learning opportunities to improve 
the ties between home and school, and enhance parents' 
work and home lives. 
(7) 
SAFE, DISCIPLINED, AND ALCOHOL- AND DRUG-FREE 
SCHOOLS.— 
(A) By the year 2000, every school in the United States 
will be free of drugs, violence, and the unauthorized pres-
ence of firearms and alcohol and will offer a disciplined 
environment conducive to learning. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 133 
(B) The objectives for this goal are that— 
(i) every school will implement a firm and fair 
policy on use, possession, and distribution of drugs 
and alcohol; 
(ii) parents, businesses, governmental and commu-
nity organizations will work together to ensure the 
rights of students to study in a safe and secure environ-
ment that is free of drugs and crime, and that schools 
provide a healthy environment and are a safe haven 
for all children; 
(iii) every local educational agency will develop 
and implement a policy to ensure that all schools are 
free of violence and the unauthorized presence of 
weapons; 
(iv) every local educational agency will develop 
a sequential, comprehensive kindergarten 
through 
twelftn grade drug and alcohol prevention education 
program; 
(v) drug and alcohol curriculum should be taught 
as an integral part of sequential, comprehensive health 
education; 
(vi) community-based teams should be organized 
to provide students and teachers with needed support; 
and 
(vii) every school should work to eliminate sexual 
harassment. 
(8) PARENTAL PARTICIPATION.— 
(A) By the year 2000, every school will promote part-
nerships that will increase parental involvement and 
participation in promoting the social, emotional, and aca-
demic growth of children. 
(B) The objectives for this Groal are that— 
(i) every State will develop policies to assist local 
schools and local educational agencies to establish pro-
grams for increasing partnerships that respond to the 
varying needs of parents and the home, including par-
ents of children who are disadvantaged or bilingual, 
or parents of children with disabilities; 
(ii) every school will actively engage parents and 
families in a partnership which supports the academic 
work of children at home and snared educational 
decisionmaking at school; and 
(iii) parents and families will help to ensure that 
schools are adequately supported and will hold schools 
and teachers to high standards of accountability. 
TITLE II—NATIONAL EDUCATION RE-
FORM LEADERSHIP, STANDARDS, AND 
ASSESSMENTS 
P A R T A — N A T I O N A L E D U C A T I O N G O A L S P A N E L 
SEC. 201. PURPOSE. 
20 USC 5821. 
It is the purpose of this part to establish a bipartisan mecha-
nism for— 
108 STAT. 134 
PUBLIC LAW 103-227—MAR. 31, 1994 
(1) building a national consensus for education improve-
ment; 
(2) reporting on progress toward achieving the National 
Education Goals; and 
(3) reviewing the voluntary national content standards, 
voluntary national student performance standards and vol-
untary national opportunity-to-learn standards certified by the 
National Education Standards and Improvement Council, as 
well as the criteria for the certification of such standards, 
and the criteria for the certification of State assessments cer-
tified by the National Education Standards and Improvement 
Council, with the option of disapproving such standards and 
criteria not later than 90 days after receipt from such Council. 
20 use 5822. 
SEC. 202. NATIONAL EDUCATION GOALS PANEL. 
(a) ESTABLISHMENT.—^There is established in the executive 
branch a National Education Goals Panel (hereafter in this title 
referred to as the "Goals Panel") to advise the President, the Sec-
retary, and the Congress. 
(b) COMPOSITION.—The Goals Panel shall be composed of 18 
members (hereafter in this part referred to as "members"), 
including— 
President. 
(1) 2 members appointed by the President; 
(2) 8 members who are Governors, 3 of whom shall be 
from the same political party as the President and 5 of whom 
shall be from the opposite political party of the President, 
appointed by the Chairperson and Vice Chairperson of the 
National Governors' Association, with the Chairperson and Vice 
Chairperson each appointing representatives of such Chair-
person's or Vice Chairperson's respective political party, in 
consultation with each other; 
(3) 4 Members of the Congress, of whom— 
(A) 1 member shall be appointed by the Majority 
Leader of the Senate from among the Members of the 
Senate; 
(B) 1 member shall be appointed by the Minority 
Leader of the Senate from among the Members of the 
Senate; 
(C) 1 member shall be appointed by the Majority 
Leader of the House of Representatives from among the 
Members of the House of Representatives; and 
(D) 1 member shall be appointed by the Minority 
Leader of the House of Representatives from among the 
Members of the House of Representatives; and 
(4) 4 members of State legislatures appointed by the Presi-
dent of the National Conference of State Legislatures, of whom 
2 shall be of the same political party as the President of 
the United States. 
(c) SPECIAL APPOINTMENT RULES.— 
(1) IN GENERAL.—The members appointed pursuant to sub-
section (b)(2) shall be appointed as follows: 
(A) If the Chairperson of the National Governors' 
Association is from the same political party as the Presi-
dent, the Chairperson shall appoint 3 individuals and the 
Vice Chairperson of such association shall appoint 5 
individuals. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 135 
(B) If the Chairperson of the National Grovemors' 
Association is from the opposite political party as the Presi-
dent, the Chairperson shall appoint 5 individuals and the 
Vice Chairperson of such association shall appoint 3 
individuals. 
(2) SPECIAL RULE.—If the National Grovemors' Association 
has appointed a panel that meets the requirements of sub-
sections (b) and (c), except for the requirements of paragraph 
(4) of subsection (b), prior to the date of enactment of this 
Act, then the members serving on such panel shall be deemed 
to be in compliance with the provisions of such subsections 
and shall not be required to be reappointed pursuant to such 
subsections. 
(3) REPRESENTATION.—To the extent feasible, the member-
ship of the Goals Panel shall be geographically representative 
and reflect the racial, ethnic, and gender diversity of the United 
States. 
(d) TERMS.—^The terms of service of members shall be as follows: 
(1) PRESIDENTIAL APPOINTEES.—Members appointed imder 
subsection (b)(1) shall serve at the pleasure of the President. 
(2) GOVERNORS.—Members appointed under paragraph (2) 
of subsection (b) shall serve for 2-year terms, except that the 
initial appointments under such paragraph shall be made to 
ensure staggered terms with one-half of such members' terms 
concluding every 2 years. 
(3) CONGRESSIONAL APPOINTEES AND STATE LEGISLATORS.— 
Members appointed under paragraphs (3) and (4) of subsection 
(b) shall serve for 2-year terms. 
(e) DATE OF APPOINTMENT.—The initial members shall be 
appoiiiced not later than 60 days after the date of enactment of 
this Act. 
(f) INITIATION.—^The Goals Panel may begin to carry out its 
duties under this part when 10 members of the Goals Panel have 
been appointed. 
(g) VACANCIES.—^A vacancy on the Goals Panel shall not affect 
the powers of the Goals Panel, but shall be filled in the same 
manner as the original appointment. 
(h) TRAVEL.—Each member may be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code, for each day the member 
is engaged in the performance of duties for the Groals Panel away 
from the home or regular place of business of the member. 
(i) CHAIRPERSON.— 
(1) IN GENERAL.—^The members shall select a Chairperson 
from among the members. 
(2) TERM AND POLITICAL AFFILIATION.—The Chairperson 
of the Goals Panel shall serve a 1-year term and shall alternate 
between political parties. 
(j) CONFLICT OF INTEREST.—^A member of the Goals Panel who 
is an elected official of a State which has developed content, student 
performance, or opportunity-to-leam standards may not participate 
in Goals Panel consideration of such standards. 
(k) Ex OFFICIO MEMBER.—If the President has not appointed 
the Secretary as 1 of the 2 members the President appoints pursu-
ant to subsection (b)(1), then the Secretary shall serve as a 
nonvoting ex officio member of the Groals Panel. 
79-194 O—95—6 : QL 3 Part 1 
108 STAT. 136 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 u s e 5823. 
SEC. 203. DUTIES. 
(a) IN GENERAL.—The Goals Panel shall— 
(1) report to the President, the Secretary, and the Congress 
regarding the progress the Nation and the States are making 
toward achieving the National Education Goals established 
under title I of this Act, including issuing an annual report; 
(2) report on State opportunity-to-leam standards and 
strategies and the progress of States that are implementing 
such standards and strategies to help all students meet State 
content standards and State student performance standards; 
(3) submit to the President nominations for appointment 
to the National Education Standards and Improvement Council 
in accordance with subsections (b) and (c) of section 212; 
(4) £ifter taking into consideration the public comments 
received pursuant to section 216 and not later than 90 days 
after receipt, review the— 
(A) criteria developed by the National Education Stand-
ards and Improvement Council for the certification of State 
content standards, State student performance standards. 
State assessments, and State opportunity-to-leam stand-
ards; and 
(B) voluntary national content standards, voluntary 
national student performance standards and voluntary 
national opportunity-to-leam standards certified by the 
National Education Standards and Improvement Council, 
except that the Goals Panel shall have the option of disapprov-
ing such criteria and standards by a two-thirds majority vote 
of the membership of the Goals Panel not later than 90 days 
after receipt of sucn criteria and standards; 
(5) report on promising or effective actions being taken 
at the national, State, and local levels, and in the public and 
private sectors, to achieve the National Education Groals; and 
(6) help build a nationwide, bipartisan consensus for the 
reforms necessary to achieve the National Education Goals. 
(b) REPORT.— 
(1) IN GENERAL.—^The Goals Panel shall annually prepare 
and submit to the President, the Secretary, the appropriate 
committees of Congress, and the Grovemor of each State a 
report that shall— 
r 
(A) report on the progress of the United States toward 
achieving the National Education Groals; 
(B) identify actions that should be taken by Federal, 
State, and local governments to enhance progress toward 
achieving the National Education Groals and to provide 
all students with a fair opportunity-to-leam; and 
(C) report on State opportunity-to-leam standards and 
strategies and the progress of States that are implementing 
such standards and strategies to help all students meet 
State content standards and State student performance 
standards. 
(2) FORM; DATA.—Reports shall be presented in a form, 
and include data, that is understandable to parents and the 
general public. 
20 u s e 5824. 
SEC. 204. POWERS OF THE GOALS PANEL. 
(a) HEARINGS.— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 137 
(1) IN GENERAL.—^The Goals Panel shall, for the purpose 
of carrying out this part, conduct such hearings, sit and act 
at such times and places, take such testimony, and receive 
such evidence, as the Groals Panel considers appropriate. 
(2) REPRESENTATION.—In canying out this part, the Groals 
Panel shall conduct hearings to receive reports, views, and 
analyses of a broad spectrum of experts and the public on 
the establishment of voluntary national content standards, vol-
untary national student performance standards, voluntary 
national opportunity-to-leam standards, and State assessments 
described in section 213(f). 
(b) INFORMATION.—^The Groals Panel may secure directly from 
any department or agency of the United States information nec-
essary to enable the Goals Panel to carry out this part. Upon 
request of the Chairperson of the Groals Panel, the head of a depart-
ment or agency shall furnish such information to the Goals Panel 
to the extent permitted by law. 
(c) POSTAL SERVICES.—The Goals Panel may use the United 
States mail in the same manner and imder the same conditions 
as other departments and agencies of the United States. 
(d) USE OF FACILITIES.—The Goals Panel may, with consent 
of any agency or instrumentality of the United States, or of any 
State or political subdivision thereof, use the research, equipment, 
services, and facilities of such agency, instrumentality. State, or 
subdivision, respectively. 
(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.— 
(1) IN GENERAL.—^The Secretary shall provide to the Groals 
Panel, on a reimbursable basis, such administrative support 
services as the Goals Panel may request. 
(2) CONTRACTS AND OTHER ARRANGEMENTS.—The Secretary, 
to the extent appropriate, and on a reimbursable basis, shall 
make contracts and other arrangements that are requested 
by the Goals Panel to help the Groals Panel compile and analyze 
data or carry out other functions necessary to the performance 
of such responsibilities. 
SEC. 205. ADMINISTRATIVE PROVISIONS. 
20 USC 5825. 
(a) MEETINGS.—^The Groals Panel shall meet on a regular basis, 
as necessary, at the call of the Chairperson of the Goals Panel 
or a majority of its members. 
(b) QUORUM.—A majority of the members shall constitute a 
quorum for the transaction of business. 
(c) VOTING AND FINAL DECISION.— 
(1) VOTING.—No individual may vote, or exercise any of 
the powers of a member, by proxy. 
(2) FINAL DECISIONS.— 
(A) In making final decisions of the Groals Panel with 
respect to the exercise of its duties and powers the Groals 
Panel shall operate on the principle of consensus among 
the members of the Groals Panel. 
(B) Except as otherwise provided in this part, if a 
vote of the membership of the Groals Panel is required 
to reach a final decision with respect to the exercise of 
its duties and powers, then such final decision shall be 
made by a three-fourths vote of the members of the Groals 
Panel who are present and voting. 
V 
108 STAT. 138 
PUBLIC LAW 103-227—MAR. 31, 1994 
(d) PUBLIC ACCESS.—^The Groals Panel shall ensure public access 
to its proceedings (other than proceedings, or portions of proceed-
ings, relating to internal personnel and management matters) and 
make available to the public, at reasonable cost, transcripts of 
such proceedings. 
20 u s e 5826. 
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. 
(a) DIRECTOR.—^The Chairperson of the Goals Panel, without 
regard to the provisions of title 5, United States Code, relating 
to the appointment and compensation of officers or employees of 
the United States, shall appoint a Director to be paid at a rate 
not to exceed the rate of basic pay payable for level V of the 
Executive Schedule. 
(b) APPOINTMENT AND PAY OF EMPLOYEES.— 
(1) IN GENERAL.—(A) The Director may appoint not more 
than 4 additional emplovees to serve as staff to the Goals 
Panel without regard to tne provisions of title 5, United States 
Code, governing appointments in the competitive service. 
(B) The employees appointed under subparagraph (A) may 
be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates, but shall not be paid 
a rate that exceeds the maximum rate of basic pay payable 
for GS-15 of the General Schedule. 
(2) ADDITIONAL EMPLOYEES.—The Director may appoint 
additional employees to serve as staff to the Groals Panel in 
accordance witii title 5, United Stetes Code. 
(c) EXPERTS AND CONSULTANTS.—The Goals Panel may procure 
temporary and intermittent services of experte and consultante 
under section 3109(b) of title 5, United Stetes Code. 
(d) STAFF OF FEDERAL AGENCIES.—Upon the request of the 
Groals Panel, the head of any department or agency of the United 
States may detail any of the personnel of such agency to the 
Goals Panel to assist the Goals Panel in its duties under this 
part. 
20 u s e 5827. 
SEC. 207. EARLY CHILDHOOD ASSESSMENT. 
(a) IN GENERAL.—^The Groals Panel shall support the work of 
ite Resource and Technical Planning Groups on School Readiness 
(heresifter in this section referred to as the "Groups") to improve 
the methods of assessing the readiness of children for school that 
would lead to alternatives to currently used early childhood assess-
ments. 
(b) ACTIVITIES.—The Groups shall— 
(1) develop a model of elements of school readiness that 
address a broad range of early childhood developmentel needs, 
including the needs of children with disabilities; 
(2) create clear guidelines regarding the nature, functions, 
and uses of early childhood assessments, including assessment 
formats that are appropriate for use in culturally and linguis-
tically diverse communities, based on model elements of school 
readiness; 
(3) monitor and evaluate early childhood assessmente, 
including the ability of existing assessmente to provide valid 
information on the readiness of children for school; and 
(4) monitor and report on the long-term collection of date 
on the stetus of young children to improve policy and practice. 
PUBLIC LAW 103^27—MAR. 31, 1994 
108 STAT. 139 
including the need for new sources of data necessary to assess 
the broad range of early childhood developmental needs. 
(c) ADVICE.—The Groups shall advise and assist the Congress, 
the Secretary, the G^als Panel, and others regarding how to improve 
the assessment of young children and how such assessments can 
improve services to children. 
(d) REPORT.—^The Goals Panel shall provide reports on the 
work of the Groups to the appropriate committees of the Congress, 
the Secretary, and the public. 
P A R T B — N A T I O N A L E D U C A T I O N S T A N D A R D S 
A N D I M P R O V E M E N T C O U N C I L 
SEC. 211. PURPOSE. 
20 USC 5841. 
It is the purpose of this part to establish a mechanism to— 
(1) certify and periodically review voluntary national con-
tent standards and voluntary national student performance 
standards that define what all students should know and be 
able to do; 
(2) certify State content standards and State student 
performance standards submitted by States on a voluntary 
basis, if such standards are comparable or higher in rigor 
and quality to the voluntary national content standards and 
voluntaiy national student performance standards certified bv 
the National Education Standards and Improvement Council; 
(3) certify and periodically review voluntary national oppor-
tunity-to-leam standards that describe the conditions of teach-
ing and learning necessary for all students to have a fair 
opportunity to achieve the knowledge and skills described in 
the voluntary national content standards and the voluntary 
national student performance 
standards certified by the 
National Education Standards and Improvement Council; 
(4) certify opportunity-to-leam standards submitted by 
States on a voluntary basis, if such standards are comparable 
or higher in rigor and Quality to the voluntary national oppor-
tunity-to-leam standards certified by the National Education 
Standards and Improvement Council; and 
(5) certify State assessments submitted by States or groups 
of States on a voluntary basis, if such assessments— 
(A) are aligned with and support State content stand-
ards certified by such Council; and 
(B) are valid, reliable, and consistent with relevant, 
nationally recognized, professional and technical standards 
for assessment when used for their intended purposes. 
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT 20 USC 5842. 
COUNCIL. 
(a) ESTABLISHMENT.—^There is established in the executive 
branch a National Education Standards and Improvement Council 
(hereafter in this part referred to as the "Councir). 
(b) COMPOSITION.— 
(1) IN GENERAL.—The Council shall be composed of 19 
members (hereafter in this part referred to as "members") 
who shall be appointed as follows: 
(A) The President shall appoint 7 individuals to the President. 
Council firom among nominations received from the Sec-
retary under subsection (cXlXBXi), of whom— 
108 STAT. 140 
PUBLIC LAW 103-227—MAR. 31, 1994 
(i) 2 shall be from each of the categories described 
in clause (i), (iii), or (iv) of subsection (c)(lXA); and 
(ii) 1 shall be from the category described in clause 
(ii) of subsection (cXlXA). 
President. 
(B) The President shall appoint 12 individuals to the 
Council, of whom— 
(i) 4 individuals shall be from nominations received 
from the Speaker of the House of Representatives, 
of whom 1 individual shall be from each of the cat-
egories described in clauses (i) through (iv) of sub-
section (cXlXA); 
(ii) 4 individuals shall be from 
nominations 
received from the Majority Leader of the Senate, of 
whom 1 individual shall be from each of the categories 
described in clauses (i) through (iv) of subsection 
(cXl)(A); and 
(iii) 4 individuals shall be from 
nominations 
received from the Goals Panel, of whom 1 individual 
shall be from each of the categories described in clauses 
(i) through (iv) of subsection (c)(1)(A). 
President. 
(2) SPECIAL RULES.—From among nominations received 
P
ursuant to subparagraphs (A) and (B) of paragraph (1) the 
"resident shall appoint to the Council— 
(A) 1 individual representative of post-secondary edu-
cational institutions; 
(B) 1 individual representative of organized labor; and 
(C) 1 individual who is representative of business and 
is a member of the National Skill Standards Board estab-
lished under title V. 
(c) APPOINTMENT RULES AND QUALIFICATIONS.— 
(1) APPOINTMENT CATEGORIES.—(A) The members of 
the 
Council shall be appointed from among the following categories 
of individuals: 
(i) Professional educators, including elementary and 
secondary classroom teachers, preschool educators, related 
services personnel, and other school-based professionals. 
State or local educational agency administrators, and other 
educators. 
(ii) Representatives of business and industry, organized 
labor, and postsecondary educational institutions. 
(iii) Representatives of the public, including representa-
tives of advocacy, civil rights and disability groups, parents, 
civic leaders. State or local education policymakers (includ-
ing members of State, local, or tribal school boards). 
(iv) Education experts, including experts in measure-
ment and assessment, curriculum, school finance and 
equity, and school reform. 
(BXi) The Secretary shall nominate 21 individuals for mem-
bership on the Council, of whom— 
(I) 3 individuals shall be nominated from the category 
described in subparagraph (AXi); and 
(II) 6 individuals shall be nominated from each of 
the categories described in clauses (ii) through (iv) of 
subparagraph (A), 
(ii) The Speaker of the House of Representatives, in con-
sultation with the Majority Leader and Minority Leader of 
the House of Representatives, shall nominate 12 individuals 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 141 
for membership on the Council, of whom 3 individuals shall 
be nominated from each of the categories described in clauses 
(i) through (iv) of subparagraph (A). 
(iii) The Majority Leader of the Senate, in consultation 
with the Minority Leader of the Senate, shall nominate 12 
individuals for membership on the Council, of whom 3 individ-
uals shall be nominated from each of the categories described 
in clauses (i) and (iv) of subparagraph (A). 
(iv) The CSroals Panel shall nominate 12 individuals for 
membership on the Council, of whom 3 individuals shall be 
nominated from each of the categories described in clauses 
(i) and (iv) of subparagraph (A). 
(2) REPRESENTATION.—To the extent feasible, the member-
ship of the Council shall be geographically representative of 
the United States and reflect the diversity of the United States 
with regard to race, ethnicity, gender, and disability character-
istics. 
(3) EXPERTISE OR BACKGROUND.—Not less than one-third 
of the individuals nominated and appointed under subsection 
(b) shall have expertise or background in the educational needs 
of children who are from low-income families, from minority 
backgrounds, have limited-English proficiency, or have disabil-
ities. 
(4) DIVISION BETWEEN POLITICAL PARTIES.—TO the extent 
feasible, the individuals 
nominated and the individuals 
appointed to the Council shall be equally divided between the 
2 major political parties. 
(d) TERMS.— 
(1) IN GENERAL.—Members shall be appointed for 3-year 
terms, with no member serving more than 2 consecutive terms. 
(2) STAGGERING.—(A) The Council shall establish initial 
terms for members of 1, 2, or 3 years in order to establish 
a rotation in which one-third of the members are selected 
each year. 
(B) The Secretary shall determine, pursuant to a lottery, 
which members serve terms of 1, 2, or 3 years under subpara-
graph (A). 
(e) DATE OF APPOINTMENT.—The initial members shall be 
appointed not later than 120 days after the date of enactment 
of this Act. 
(f) INITIATION.—^The Council shall begin to carry out the duties 
of the Council under this part when all 19 members have been 
appointed. 
(g) RETENTION.—In order to retain an appointment to the Coun-
cil, a member shall attend at least two-thirds of the scheduled 
meetings of the Council in any given year. 
(h) VACANCY.—^A vacancy on the Council shall not affect the 
powers of the Council, but shall be filled in the same manner 
as the original appointment. 
(i) COMPENSATION.—Members of the Council who are not regu-
lar full-time employees of the United States may, while attending 
meetings or hearings of the Council, be provided compensation 
at a rate fixed by the Secretary, but not exceeding the maximum 
rate of basic pay payable for GS-15 of the General Schedule, 
(j) CONFLICT OF INTEREST.— 
(1) IN GENERAL.—^A member of the Council may not concur-
rently serve as a member of the Goals Panel. 
108 STAT. 142 
PUBLIC LAW 103-227—MAR. 31, 1994 
(2) PROHIBITION.—^A member of the Council who resides 
in a State which has developed State content standards, State 
student performance standards, State opportunity-to-leam 
standards or State assessments that are submitted to the Coun-
cil for certification may not participate in Coimcil consideration 
of such standards and assessments. 
(3) SPECIAL RULES.—(A) Notwithstanding any other provi-
sion of law, before an individual is appointed to the Council, 
the official responsible for issuing waivers under section 
208(b)(3) of title 18, United States Code, shall submit to the 
Committee on Education and Labor of the House of Representa-
tives and the Committee on Labor and Human Resources of 
the Senate a copy of the waiver required by that section. 
Information contained in the waiver that would not otherwise 
be publicly available under section 208(d)(1) of title 18, United 
States Code, shall be provided to such committees, but shall 
be noted as nonpublic information. 
(B) The Council shall develop, consistent with the provi-
sions of and regulations promulgated pursuant to section 
208(b)(3) of title 18, United States Code, and submit to the 
Committee on Education and Labor of the House of Representa-
tives and the Committee on Labor and Human Resources of 
the Senate procedures governing the participation of members 
in any matter that affects the financial interests of the members 
or of a person or entity whose interests are imputed to the 
member. 
(k) TRAVEL.—Each member of the Council may be allowed 
travel expenses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for each day 
the member is engaged in the performance of duties away from 
the home or regular place of business of the member. 
(1) OFFICERS.—^The members of the Council shall select officers 
from among its members. The officers of the Council shall serve 
for one-year terms. 
20 use 5843. 
SEC. 213. DUTIES. 
(a) VOLUNTARY NATIONAL CONTENT STANDARDS; VOLUNTARY 
NATIONAL STUDENT PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The Council, which may consult with 
outside experts, shall— 
(A) identify areas in which voluntary national content 
standards need to be developed; 
(B) certify voluntary national content standards and 
voluntary national student performance standards using 
the criteria developed under paragraph (2)(AXi), that define 
what all students should know and be able to do; 
(C) forward such voluntary national content standards 
and voluntary national student performance standards to 
the Goals Panel for review, except that the (jroals Panel 
shall have the option of disapproving such standards by 
a two-thirds majority vote of the full membership of the 
Goals Panel not later than 90 days after receipt of such 
standards; and 
(D) develop a process for periodically reviewing any 
voluntary national content standards, voluntary national 
student performance standards, and voluntary national 
opportunity-to-leam standards that have been certified. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 143 
(2) CRITERIA.—(A) The Council, which mty consult with 
outside experts, shall— 
(i) identify and develop criteria to be used for certifying 
the voluntary national content standards and voluntary 
national student performance standards; and 
(ii) before applying such criteria, forward such criteria 
to the Groals Panel for review, except that the Groals Panel 
shall have the option of disapproving such criteria by a 
two-thirds majority vote of the full membership of the 
Groals Panel not later than 90 days after receipt of such 
criteria. 
(B) The criteria developed by the Council shall address— 
(i) the extent to which the proposed standards are 
internationally competitive and comparable to the best in 
the world; 
(ii) the extent to which the proposed volimtary national 
content standards and voluntary national student perform-
ance standards reflect the best available knowledge about 
how all students learn and about how the content area 
can be most effectively taught; 
(iii) the extent to which the proposed voluntary 
national content standards and voluntary national student 
performance standards have been developed through an 
open and public process that provides for input and involve-
ment of all relevant parties, including teachers, related 
services personnel, and other professional 
educators, 
employers 
and 
postsecondary 
education 
institutions, 
curriculum 
and 
subject 
matter 
specialists, 
parents, 
advocacy groups, secondary school students, and the public; 
and 
(iv) other factors that the Council deems appropriate. 
(C) In developing the criteria, the Coimcil shall work with 
entities that are developing, or have already developed, content 
and student performance standards, and any other entities 
that the Council deems appropriate, to identify appropriate 
certification criteria. 
(b) STATE CONTENT STANDARDS; STATE STUDENT PERFORMANCE 
STANDARDS.—^The Council may certify State content standards and 
State student performance standards presented on a voluntary basis 
by a State or group of States, using the criteria developed under 
subsection (aX2)(AXi), if such standards are comparable or higher 
in rigor and quality to the voluntary national content standards 
and voliuitary national student performance standards certified 
by the Coimcil. 
(c) 
VOLUNTARY 
NATIONAL 
OPPORTUNITY-TO-LEARN 
STAND-
ARDS.— 
(1) IN GENERAL.—The Council, which may consult with 
outside experts, shall certify exemplary, voluntary national 
opportunity-to-leam standards that will establish a basis for 
providing all students a fair opportunity to achieve the knowl-
edge and skills set out in the voliintary national content stand-
ards certified by the Council. In canying out the preceding 
sentence the Council is authorized to consider proposals for 
voluntary national opportunity-to-leam standards from groups 
other than groups that receive grants under section 219. 
108 STAT. 144 
PUBLIC LAW 103-227—MAR. 31, 1994 
(2) ELEMENTS ADDRESSED.—^The voluntary national oppor-
tunity-to-leam standards certified by the Council shall 
address— 
(A) the quality and availability to all students of curric-
ula, instructional materials, and technologies, including dis-
tance learning; 
(B) the capability of teachers to provide high-quality 
instruction to meet diverse learning needs in each content 
area to all students; 
(C) the extent to which teachers, principals, and 
administrators have ready and continuing access to profes-
sional development, including the best knowledge about 
teaching, learning, and school improvement; 
(D) the extent to which curriculum, instructional prac-
tices, and assessments are aligned to voluntary national 
content standards; 
(E) the extent to which school facilities provide a safe 
and seciu*e environment for learning and instruction and 
have the requisite libraries, laboratories, and other 
resources necessary to provide an opportunity-to-leam; 
(F) the extent to which schools utilize policies, curric-
ula, and instructional practices which ensure non-
discrimination on the basis of gender; and 
(G) other factors that the Council deems appropriate 
to ensure that all students receive a fair opportimity to 
achieve the knowledge and skills described in the voluntary 
national content standards and the voluntary national stu-
dent performance standards certified by the Council. 
(3) ADDITIONAL DUTIES.—In carrying out this subsection, 
the Council shall— 
(A) identify what other countries with rigorous content 
standards do to— 
(i) provide their children with opportunities to 
learn; 
(ii) prepare their teachers; and 
(iii) provide continuing professional development 
opportunities for their teachers; and 
(B) develop criteria to be used for certifjdng the vol-
untary national opportunity-to-leam standards and State 
opportunity-to-leam standards and, before applying such 
criteria, forward such criteria to the Groals Panel for review, 
except that the Goals Panel shall have the option of dis-
approving such criteria by a two-thirds majority vote of 
the full membership of the Goals Panel not later than 
90 days after receipt of such criteria. 
(4) RECOMMENDATIONS AND COORDINATION.—The Council 
shall assist in the development of the volimtary national oppor-
tunity-to-leam standards developed by each consortium under 
section 219 by— 
(A) making recommendations to the Secretary regard-
ing priorities and selection criteria for each grant awarded 
under section 219; and 
(B) coordinating with each consortium receiving awards 
imder section 219 to ensure that the opportunity-to-leam 
standards the consortium develops are appropriate for the 
needs of all students, are of high quality, and are consistent 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 145 
with the criteria developed by the Council for the certifi-
cation of such standards. 
(5) APPROVAL.—^The Council shall forward the voluntary 
national opportunity-to-leam standards the Council certifies 
to the Groals Panel for review, except that the Goals Panel 
shall have the option of disapproving such standards by a 
two-thirds majority vote of the full membership of the Goals 
Panel not later than 90 days aher receipt of such standards. 
(d) STATE OPPORTUNITY-TO-LEARN STANDARDS.—The Council 
may certify State opportunity-to-leam standards submitted volun-
tarily by a State, using the criteria developed under subsection 
(c)(3XB), if such standards are comparable or higher in rigor and 
quality to the voluntary national opportunity-to-leam standards. 
(e) 
GENERAL PROVISION REGARDING VOLUNTARY NATIONAL 
STANDARDS.—^The Council may certify voluntary national content 
standards, voluntary national student performance standards, and 
voluntary national opportunity-to-leam standards if such standards 
are sufficiently general to be used by any State without restricting 
State and local control of curriculum and prerogatives regarding 
instructional methods to be employed. 
(f) STATE ASSESSMENTS.— 
(1) IN GENERAL.—(A) The Council may certify for a period 
not to exceed 5 years. State assessments that are submitted 
voluntarily by a State, using the criteria developed under para-
graph (2XA), if such assessments are aligned with the State's 
content standards certified by the Coimcil. 
(B) State assessments shall be certified by the Council 
for the purposes of— 
(i) informing students, parents, teachers, and related 
services personnel about the progress of all students toward 
the standards; 
(ii) improving classroom instruction and improving the 
learning outcomes for all students; 
(iii) exemplifying for students, parents, and teachers 
the kinds and levels of achievement that should be expected 
of all students, including the identification of State student 
performance standards; 
(iv) measuring and motivating individual students, 
schools, districts. States, and the Nation to improve edu-
cational performance; and 
(v) assisting education policymakers in making deci-
sions about education programs. 
(C) The Council shall certify State assessments only if— 
(i) a State can demonstrate to the Council that all 
students have been prepared in the content for which such 
students are being assessed; 
(ii) such assessments will not be used to make decisions 
regarding graduation, grade promotion, or retention of stu-
dents for a period of 5 years from the date of enactment 
of this Act; and 
(iii) the State has submitted to the Council— 
(I) a description of the purposes for which the 
State assessments have been designed; 
(II) the methodologies and process used to develop, 
select, validate, and use such State assessments; 
(III) a copy of the test instrument, as appropriate; 
108 STAT. 146 
PUBLIC LAW 103-227—MAR. 31, 1994 
(IV) a description of the other measures the State 
will use to evaluate student performance; and 
(V) evidence that the test or tests which are part 
of the State assessments are valid, reliable measures 
of their intended purposes, are aligned with the State 
content standards, are capable of assessing the 
progress of all students toward learning the material 
in the State content standards, and are consistent with 
relevant nationally recognized professional and tech-
nical standards. 
(D) The Council, at the request of a State prior to the 
State's submission to the Council of a State assessment for 
a proposed use, shall review and provide guidance to such 
State on a proposed package of measures, including tests that 
will be included in such a system. 
(2) CRITERIA.—(A) The Council shall develop and, not 
sooner than three years nor later than four years after the 
date of enactment of this Act, begin utilizing criteria for the 
certification of State assessments for the purposes described 
in paragraph (1)(B). 
(B) Before using such criteria, the Council shall forward 
the criteria to the Goals Panel for review, except that the 
Goals Panel shall have the option of disapproving such criteria 
by a two-thirds majority vote of the full membership of the 
Goals Panel not later than 90 days after receipt of such criteria. 
(C) The certification criteria developed by the Council shall 
address the extent to which the State assessments— 
(i) are aligned with a State's or a group of States' 
State content standards certified by the Council; and 
(ii) are to be used for a purpose for which they are 
valid, reliable, and free of discrimination, and are consist-
ent with relevant, nationally recognized professional and 
technical standards for assessment. 
(D) In determining appropriate certification criteria for 
State assessments, the Council shall— 
(i) consider standards and criteria being developed by 
other national organizations, research on assessment, and 
emerging new State and local assessments; 
(li) recommend needed research; 
(iii) encourage the development and field testing of 
State assessments; and 
(iv) provide a public forum for discussing, debating, 
and building consensus for the criteria to be used for the 
certification of State assessments. 
(E) Prior to determining the certification criteria, the Coun-
cil shall seek public comment regarding the proposed criteria. 
(F) The Council shall certify §tate assessments only if 
such assessments include all students and provide for the 
adaptations and accommodations necessary to permit the 
participation of all students with diverse learning needs. 
(g) PERFORMANCE OF DUTIES.—In carrying out its responsibil-
ities under this title, the Council shall— 
(1) provide for a process of broad public input as part 
of the process of developing criteria for standards and assess-
ments; 
(2) work with Federal and non-Federal departments, agen-
cies, or organizations which are conducting research, studies. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 147 
or demonstration projects to determine internationally competi-
tive standards and assessments, and may establish subject 
matter and other panels to advise the Council on particular 
content, student performance, and opportunity-to-learn stand-
ards and on State assessments; 
(3) establish cooperative arrangements with the National 
Skill Standards Board to promote the coordination of the devel-
opment of content and student performance standards under 
this title with the development of skill standards under title 
V of this Act; 
(4) recommend studies to the Secretary that are necessary 
to carry out the Council's responsibilities; 
(5) inform the public about what constitutes high quality, 
internationally competitive, content, student performance, and 
opportunity-to-leam standards, and State assessments; 
(6) on a regular basis, review and update criteria for certify-
ing content, student performance, and opportunity-to-leam 
standards, and State assessments; and 
(7) periodically recertify, as appropriate, the voluntary 
national content standards, the voluntary national student 
performance standards, and the voluntary national opportunity-
to-learn standards and the State assessments that the Council 
certifies under this section. 
(h) SPECIAL RULES.— 
(1) UNCONDITIONED STATE PARTICIPATION.—NO State shall 
be required to obtain certification of standards or assessments 
developed under subsection (b), (d), or (f) of this section or 
to participate in programs under title III of this Act, as a 
condition of participating in any Federal education program 
under this or any other Act. 
(2) CONSTRUCTION.—Nothing in this Act shall be construed 
to create a legally enforceable right for any person against 
a State, local educational agency, or school based on a standard 
or assessment certified by the Council or the criteria developed 
by the Council for such certification. 
SEC. 214. ANNUAL REPORTS. 
20 USC 5844. 
Not later than one year after the date the Council concludes 
its first meeting, and in each succeeding year, the Council shall 
prepare and submit a report to the President, the Secretary, the 
appropriate committees of Congress, the Governor of each State, 
and the Goals Panel regarding its work. 
SEC. 215. POWERS OF THE COUNCIL. 
20 USC 5845. 
(a) HEARINGS.— 
(1) IN GENERAL.—^The Council shall, for the purpose of 
carrying out its responsibilities, conduct such hearings, sit and 
act at such times and places, take such testimony, and receive 
such evidence, as the Council considers appropriate. 
(2) LOCATION.—In carrying out this part, the Council shall 
conduct public hearings in different geographic areas of the 
United States, both urban and rural, to receive the reports, 
views, and analyses of a broad spectrum of experts and the 
public on the establishment of voluntan^ national content stand-
ards, voluntary national student performance standards, vol-
untary national opportunity-to-leam standards, and State 
assessments described in section 213(f). 
108 STAT. 148 
PUBLIC LAW 103-227—MAR. 31, 1994 
(b) INFORMATION.—^The Council may secure directly from any 
department or agency of the United States information necessary 
to enable the Council to carrv out this part. Upon request of 
the Chairperson of the Council, the head of such department or 
agency shall furnish such information to the Council to the extent 
permitted by law. 
(c) POSTAL SERVICES.—^The Council may use the United States 
mail in the sanr.e manner and under the same conditions as other 
departments and agencies of the United States. 
(d) USE OF FACILITIES.—^The Council may use the research, 
equipment, services, and facilities of any department, agency, or 
instrumentality of the United States, or of any State or political 
subdivision thereof with the consent of such department, agency, 
instrumentality. State or subdivision, respectively. 
(e) ADMINISTRATIVE ARRANGEMENTS AND SUPPORT.— 
(1) IN GENERAL.—^The Secretary shall provide to the Coun-
cil, on a reimbursable basis, such administrative support serv-
ices as the Council may request. 
(2) CONTRACTS AND OTHER ARRANGEMENTS.—The Secretary, 
to the extent appropriate and on a reimbursable basis, shall 
enter into contracts and other arrangements that are requested 
by the Council to help the Council compile and analyze data 
or carry out other functions necessary to the performance of 
the Council's responsibilities. 
Federal 
SEC. 216. PUBLICATION FOR PUBLIC COMMENT. 
RGfifistiGr 
publication. 
(a) TRANSMITTAL.—For the purpose of obtaining public comment 
20 use 5846. 
through publication in the Federal Register, the Council shall trans-
mit to the Secretary— 
(1) proposed criteria for certifying voluntary national 
content standards, voluntary national student performance 
standards, and State content standards and State performance 
standards; 
(2) proposed criteria for certifjdng voluntary national oppor-
tunity-to-leam standards and State opportunity-to-learn stand-
ards; 
(3) proposed criteria for certifying State assessments; and 
(4) proposed voluntary national content standards, vol-
untary national student performance standards, and voluntary 
national opportunity-to-learn standards. 
(b) PUBLICATION.—^The Secretary shall publish such proposed 
procedures, standards, and criteria in the Federal Register. 
20 use 5847. 
SEC. 217. ADMINISTRATIVE PROVISIONS. 
(a) MEETINGS.—^The Council shall meet on a regular basis, 
as necessary, at the call of the Chairperson of the Council, or 
a majority of its members. 
(b) QUORUM.—^A majority of the members shall constitute a 
quorum for the transaction of business. 
(c) VOTING.—^The Council shall take all action of the Council 
by a majority vote of the total membership of the Council, ensuring 
the right of the minority to issue written views. No individual 
may vote or exercise any of the powers of a member by proxy. 
(d) PUBLIC ACCESS.—^The Council shall ensure public access 
to its proceedings (other than proceedings, or portions of proceed-
ings, relating to internal personnel and management matters) and 
make available to the public, at reasonable cost, transcripts of 
such proceedings. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 149 
SEC. 218. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS. 
20 USC 5848. 
(a) DIRECTOR.—The Chairperson of the Council shall, without 
regard to the provisions of title 5, United States Code, relating 
to the appointment and compensation of officers or employees of 
the United States, appoint a Director to be paid at a rate not 
to exceed the rate of basic pay payable for level V of the Executive 
Schedule. 
(b) APPOINTMENT AND PAY OF EMPLOYEES.— 
(1) IN GENERAL.—(A) The Director may appoint not more 
than four additional employees to serve as staff to the Council 
without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service. 
(B) The employees appointed under subparagraph (A) may 
be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of that title relating to classifica-
tion and General Schedule pay rates, but shall not be paid 
a rate that exceeds the maximum rate of basic pay payable 
for GS-15 of the General Schedule. 
(2) ADDITIONAL EMPLOYEES.—The Director may appoint 
additional employees to serve as staff of the Council consistent 
with title 5, United States Code. 
(c) EXPERTS AND CONSULTANTS.—The Council may procure tem-
porary and intermittent services under section 3019(b) of title 5, 
united States Code. 
(d) STAFF OF FEDERAL AGENCIES.—Upon the request of the 
Council, the head of any department or agency of the United States 
may detail any of the personnel of such department or agency 
to the Council to assist the Council in its duties under this part. 
SEC. 219. OFFORTUNTrY-TO-LEARN DEVELOFMENT GRANT. 
20 USC 5849. 
(a) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.— 
(1) IN GENERAL.—^The Secretary is authorized to award 
more than one grant, on a competitive basis, to consortia of 
individuals and organizations to develop voluntary national 
opportunity-to-leam standards consistent with the provisions 
of section 213(c), and to develop a listing of model programs 
for use, on a voluntary basis, by States, which standards and 
listing may be used to— 
(A) provide all students with an opportunity to learn; 
(B) assess the capacity and performance of individual 
schools; and 
(C) develop appropriate actions to be taken in the 
event that the schools fail to achieve such standards. 
(2) COMPOSITION OF CONSORTIA.—TO the extent possible, 
each consortium shall include the participation of— 
(A) State-level policymakers, such as Grovemors, State 
legislators, chief State school officers, and State school 
board members; 
(B) local policymakers and administrators, such as local 
school board members, superintendents, and principals; 
(C) teachers (especially teachers involved in the devel-
opment of content standards) and related services person-
nel; 
(D) parents and individuals with experience in promot-
ing parental involvement in education; 
(E) representatives of business; 
(F) experts in vocational-technical education; 
108 STAT. 150 
PUBLIC LAW 103-227—MAR. 31, 1994 
(G) representatives of regional accrediting associations; 
(H) individuals with expertise in school finance and 
equity, the education of at-risk students, and the prepara-
tion and training of teachers and school administrators; 
(I) curriculum and school reform experts; 
(J) representatives of advocacy groups, including stu-
dent and civil rights advocacy groups; 
(K) representatives of higher education; and 
(L) secondary school students. 
(3) 
DUTIES 
OF CONSORTIA.—In 
developing 
voluntary 
national 
opportunity-to-learn 
standards, 
each 
consortium 
shall— 
(A) draw upon current research about student achieve-
ment and the necessary conditions for effective teaching 
and learning; and 
(B) provide for the development of more than one draft 
of standards which incorporate the comments and rec-
ommendations of educators and other 
knowledgeable 
individuals across the Nation. 
(4) EXPERTISE OR BACKGROUND.—One-third of the members 
of each consortium shall consist of individuals with expertise 
or background in the educational needs and assessment of 
children who are from low-income families, are from minority 
backgrounds, have limited-English proficiency, or have disabil-
ities. 
(5) GEOGRAPHIC REPRESENTATION.—The membership of 
each consortium shall be geographically representative and 
reflect the racial, ethnic, and gender diversity of the United 
States. 
(b) APPLICATIONS.— 
(1) 
GRANTS FOR CONSORTIUM.—Each consortium 
that 
desires to receive a grant under this subsection shall submit 
an application to the Secretary at such time, in such manner, 
and containing such information and assurances as the Sec-
retary may require. 
(2) AWARD CONSIDERATION.—In establishing 
additional 
priorities and selection criteria for awarding more than one 
grant, the Secretary shall give serious consideration to the 
recommendations made by the Council pursuant to section 
213(c)(4)(A). 
(c) REPORT.—^After the development of the voluntary national 
opportunity-to-learn standards, each consortium receiving assist-
ance under this section shall submit a report to the Secretary 
which discusses the background, important issues, and rationale 
regarding such standards. 
20 use 5850. 
SEC. 220. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—^The Secretary is authorized to make 
grants to State and local educational agencies or consortia 
of such agencies to help defray the cost of developing, field 
testing, and evaluating State assessments to be used for some 
or all of the purposes indicated in section 213(f)(1)(B), that 
are aligned to State content standards certified by the Council. 
(2) RESERVATION.—^The Secretary shall reserve a portion 
of the funds authorized under section 241(d) for grants to 
State educational agencies and local educational agencies for 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 151 
purposes of developing such assessments in languages other 
than English and for students with disabilities. 
(b) APPLICATIONS.—Each State or local educational agency, or 
consortium, that desires to receive a grant under subsection (a)(1) 
shall submit an application to the Secretary at such time, in such 
manner, and containing such information and assurances as the 
Secretary may require. 
(c) REQUIREMENTS.— 
(1) IN GENERAL.—^A recipient of a grant under this section 
shall— 
(A) examine the validity and reliability of the State 
assessment for the particular purposes for which such 
assessment was developed; 
(B) ensure that the State assessment is consistent 
with relevant, nationally recognized professional and tech-
nical standards for assessments; and 
(C) devote special attention to how a State assessment 
treats all students, especially with regard to the race, gen-
der, ethnicity, disability, and language proficiency of such 
students. 
(2) USE.—A State assessment developed and evaluated with 
funds under this section may not be used for decisions about 
individual students relating to program placement, promotion, 
or retention, graduation, or employment for a period of 5 years 
from the date of enactment of this Act. 
SEC. 221. EVALUATION. 
20 USC 5851. 
(a) GRANT.—From funds reserved under section 304(a)(2)(C), 
the Secretary shall make a grant, in an amount not to exceed 
$500,000, to the National Academy of Sciences or the National 
Academy of Education to— 
(1) evaluate— 
(A) the technical quality of the work performed by 
the Goals Panel and the Council; 
(B) the process the Council uses to develop criteria 
for certification of standards and assessments; 
(C) the process the Council uses to certify voluntary 
national standards as well as standards and assessments 
voluntarily submitted by States; and 
(D) the process the Goals Panel uses to approve certifi-
cation criteria and voluntary national standards; 
(2) periodically provide to the Goals Panel and the Council, 
as appropriate, information from the evaluation under para-
graph (1); and 
(3) report on the activities authorized under sections 219 
and 220. 
(b) REPORT.—^The recipient of a grant under this section shall 
submit a final report to the Congress, the Secretary, and the public 
regarding the activities assisted under this section not later than 
January 1, 1998. 
PART 
C—LEADERSHIP 
IN 
EDUCATIONAL 
TECHNOLOGY 
SEC. 231. PURPOSES. 
20 USC 5861. 
It is the purpose of this part to promote achievement of the 
National Education Goals and— 
108 STAT. 152 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 u s e 5862. 
Publication. 
(1) to provide leadership at the Federal level, through 
the Department of Education, by developing a national vision 
and strategy— 
(A) to infuse technology and technology planning into 
all educational programs and training functions carried 
out within school systems at the State and local level; 
(B) to coordinate educational technology activities 
among the related Federal and State departments or agen-
cies, industry leaders, and interested educational and 
parental organizations; 
(C) to establish working guidelines to ensure maximum 
interoperability nationwide and ease of access for the 
emerging technologies so that no school system will be 
excluded from the technological revolution; and 
(D) to ensure that Federal technology-related policies 
and programs facilitate the use of technology in education; 
(2) to promote awareness of the potential of technology 
for improving teaching and learning; 
(3) to support State and local efforts to increase the effective 
use of technology for education; 
(4) to demonstrate ways in which technology can be used 
to improve teaching and learning, and to help ensure that 
all students have an equal opportunity to meet State education 
standards; 
(5) to ensure the availability and dissemination of knowl-
edge (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; 
(6) to promote high-quality professional 
development 
opportunities for teachers and administrators regarding the 
integration of technology into instruction and administration; 
(7) to promote the effective uses of technology in existing 
Federal education programs, such as chapter 1 of title I of 
the Elementary and Secondary Education Act of 1965 and 
vocational education programs; and 
(8) to monitor, advancements in technology to encourage 
the development of effective educational uses of technology. 
SEC. 232. FEDERAL LEADERSHIP. 
(a) ACTIVITIES AUTHORIZED.— 
(1) IN GENERAL.—In order to provide Federal leadership 
that promotes higher student achievement through the use 
of technology in education and to achieve the purposes of this 
part, the Secretary, in consultation with the Ofiice of Science 
and Technology Policy, the National Science Foundation, the 
Department of Commerce, the Department of Energy, the 
National Aeronautics and Space Administration, and other 
appropriate Federal departments or agencies, may carry out 
activities designed to achieve the purposes of this part. 
(2) TRANSFER OF FUNDS,—For the purpose of carrying out 
coordinated or joint activities to achieve the purposes of this 
part, the Secretary may accept funds from other Federal depart-
ments or agencies. 
(b) NATIONAL LONG-RANGE TECHNOLOGY PLAN.— 
(1) IN GENERAL.—The Secretary shall develop and publish 
within 12 months of the date of enactment of this Act, and 
update when the Secretary determines appropriate, a national 
PUBLIC LAW 103-227-MAR. 31, 1994 
108 STAT. 153 
long-range plan that supports the overall national technology 
policy and carries out the purposes of this part. 
(2) PLAN REQUIREMENTS.—The Secretary shall— 
(A) develop the national long-range plan in consultation 
with other Federal departments or agencies, State and 
local education practitioners and policymakers, experts in 
technology and the educational i.pplications of technology, 
representatives of distance learning consortia, representa-
tives of telecommunications partnerships receiving assist-
ance under the Star Schools Program Assistance Act, and 
providers of technoloffir services and products; 
(B) transmit such plan to the President and to the 
appropriate committees of the Congress; and 
(C) publish such plan in a form that is readily acces- Public 
Sible to the public. 
information. 
(3) CONTENTS OF THE PLAN.—^The national long-range plan 
shall describe the Secretary's activities to promote the purposes 
of this part, including— 
(A) how the Secretary will encourage the effective use 
of technology to provide all students the opportunity to 
achieve State content standards and State student perform-
ance standards, especially through programs administered 
by the Dei)artment of Education; 
(B) joint activities in support of the overall national 
technology policy with other Federal departments or agen-
cies, such as the Office of Science and Technology Policy, 
the National Endowment for the Humanities, the National 
Endowment for the Arts, the National Aeronautics and 
Space Administration, the National Science Foundation, 
and the Departments of Commerce, Energy, Health and 
Human Services, and Labor— 
(i) to promote the use of technology in education, 
and training and lifelong learning, including plans for 
the educational uses of a national information infra-
structure; and 
(ii) to ensure that the policies and programs of 
such departments or agencies facilitate the use of tech-
nology for educational purposes, to the extent feasible; 
(C) how the Secretary will work with educators. State 
and local educational agencies, and appropriate representa-
tives of the private sector to facilitate the effective use 
of technology in education; 
(D) how the Secretary will promote— 
(i) higher achievement of all s^.udents through the 
integration of technology into the curriculum; 
(ii) increased access to the benefits of technology 
for teaching and learning for schools with a high con-
centration of children from low-income families; 
(iii) the use of technology to assist in the 
implementation of State systemic reform strategies; 
(iv) the application of technological advances to 
use in education; and 
(v) increased opportunities for the professional 
development of teachers in the use of new technologies; 
(E) how the Secretary will determine, in consultation 
with appropriate individuals, organizations, industries, and 
agencies, the feasibility and desirability of establishing 
108 STAT. 154 
PUBLIC LAW 103-227—MAR. 31, 1994 
guidelines to facilitate an easy exchange of data and effec-
tive use of technology in education; 
(F) how the Secretary will utilize the outcome of the 
evaluation undertaken pursuant to section 908 of the Star 
Schools Program Assistance Act to promote the purposes 
of this part; and 
(G) the Secretary's long-range measurable goals and 
objectives relating to the purposes of this part. 
(c) ASSISTANCE.—^The Secretary shall provide assistance to the 
States to enable such States to plan effectively for the use of 
technology in all schools throughout the State in accordance with 
the purpose and requirements of section 317. 
SEC. 233. OFFICE OF EDUCATIONAL TECHNOLOGY. 
(a) AMENDMENT TO THE DEPARTMENT OF EDUCATION ORGANIZA-
TION ACT.—^Title II of the Department of Education Organization 
Act (20 U.S.C. 3411 et seq.) is amended by adding at the end 
the following new section: 
"OFFICE OF EDUCATIONAL TECHNOLOGY 
20 use 3425. 
«SEC. 216. (a) There shall be in the Department of Education 
an Office of Educational Technology (hereafter in this section 
referred to as the 'Office'), to be administered by the Director 
of Educational Technology. The Director of Educational Technology 
shall report directly to the Secretary and shall perform such addi-
tional functions as the Secretary may prescribe. 
"(b) The Director of the Office of Educational Technology (here-
after in this section referred to as the 'Director'), through the 
Office, shall— 
"(1) in support of the overall national technology policy 
and in consultation with other Federal departments or agencies 
which the Director determines appropriate, provide leadership 
to the Nation in the use of technology to promote achievement 
of the National Education Goals and to increase opportunities 
for all students to achieve State content and challenging State 
student performance standards; 
"(2) review all programs and training functions adminis-
tered by the Department and recommend policies in order 
to promote increased use of technology and technology planning 
throughout all such programs and functions; 
"(3) review all relevant programs supported by the Depart-
ment to ensure that such programs are coordinated with and 
support the national long-range technology plan developed 
pursuant to section 232(b) of the Goals 2000: Educate America 
Act; and 
"(4) perform such additional functions as the Secretary 
may require. 
"(c) The Director is authorized to select, appoint, and employ 
such officers and employees as may be necessary to carry out 
the functions of the Office, subject to the provisions of title 5, 
United States Code (governing appointments in the competitive 
service), and the provisions of chapter 51 and subchapter III of 
chapter 53 of such title (relating to classification and General Sched-
ule pay rates). 
"(a) The Secretary may obtain the services of experts and 
consultants in accordance with section 3109 of title 5, United States 
Code.". 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 155 
(b) COMPENSATION 
OF THE DIRECTOR.—Section 5315 of title 
5, United States Code, is amended by adding at the end the follow-
ing: 
"Director of the Office of Educational Technology.". 
SEC. 234. USES OF FUNDS. 
20 USC 5863. 
(a) IN GENERAL.—^The Secretary shall use fiinds appropriated 
pursuant to the authority of section 241(d) for activities designed 
to carry out the purpose of this part, including— 
(1) providing assistance to technical assistance providers 
to enable such providers to improve substantially the services 
such providers offer to educators regarding the educational 
uses of technology, including professional development; 
(2) consulting with representatives of industry, elementary 
and secondary education, higher education, and appropriate 
experts in technology and the educational applications of tech-
nology, in carrying out the activities assisted under this part; 
(3) research on, and the development of, guidelines to facili-
tate maximum interoperability, efficiency and easy exchange 
of data for effective use of technology in education; 
(4) research on, and the development of, educational 
applications of the most advanced and newly emerging 
technologies; 
(5) the development, demonstration, and evaluation of 
applications of existing technology in preschool education, 
elementary and secondary education, training and lifelong 
learning, 
and 
professional 
development 
of 
educational 
personnel; 
(6) the development and evaluation of software and other 
products, including multimedia television programming, that 
incorporate advances in technology and help achieve the 
National Education Goals and State content standards and 
State student performance standards; 
(7) the development, demonstration, and evaluation of 
model strategies for preparing teachers and other personnel 
to use technology effectively to improve teaching and learning; 
(8) the development of model programs that demonstrate 
the educational effectiveness of technology in urban and rural 
areas and economically distressed communities; 
(9) research on, and the evaluation of, the effectiveness 
and benefits of technology in education, giving priority to 
research on, and evaluation of, such effectiveness and benefits 
in elementary and secondary schools; 
(10) a biennial assessment of, and report to the public Reports. 
regarding, the uses of technology in elementary and secondary 
education throughout the United States upon which private 
businesses and Federal, State, and local governments may rely 
for decisionmaking about the need for, and provision of, appro-
priate technologies in schools, by using, to the extent possible, 
existing information and resources; 
(11) conferences on, and dissemination of information 
regarding, the uses of technology in education; 
(12) the development of model strategies to promote gender 
equity in the use of technology; 
(13) encouraging collaboration between the Department of 
Education and other Federal departments and agencies in the 
108 STAT. 156 
PUBLIC LAW 103-227—MAR. 31, 1994 
development, implementation, 
evaluation 
and 
funding 
of 
applications of technology for education, as appropriate; and 
(14) such other activities as the Secretary oetermines meet 
the purposes of this part, 
(b) SPECIAL RULES.— 
(1) IN GENERAL.—^The Secretary shall carry out the activi-
ties described in subsection (a) directly or by grant or contract. 
(2) GRANTS AND CONTRACTS.—Each grant or contract under 
this part shall be awarded— 
(A) on a competitive basis; and 
(B) pursuant to a peer review process. 
20 use 5864. 
SEC. 235. NON-FEDERAL SHARE. 
(a) IN GENERAL.—Subject to subsections (b) and (c), the Sec-
retary may require any recipient of a grant or contract under 
this part to share in the cost of the activities assisted under such 
grant or contract, which non-Federal 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. 
(b) INCREASE.—^The Secretary may increase the non-Federal 
share that is required of a recipient of a grant or contract under 
this part after the first year such recipient receives funds under 
such grant or contract. 
(c) MAXIMUM.—^The non-Federal share required under this sec-
tion shall not exceed 50 percent of the cost of the activities assisted 
pursuant to a grant or contract under this part. 
SEC. 236. OFFICE OF TRAINING TECHNOLOGY TRANSFER. 
(a) TRANSFER 
20 use 5093 
(1) IN GENERAL.—The Office of Training Technology Trans-
^°^^- 
fer as established under section 6103 of the Training Technology 
Transfer Act of 1988 (20 U.S.C. 5093) is transferred to and 
established in the Office of Educational Technology. 
(2) TECHNICAL AMENDMENT.—The first sentence of section 
6103(a) of the Training Technolo^ Transfer Act of 1988 (20 
U.S.C). 5093(a)) is amended by striking "Office of Educational 
Research and Improvement" and inserting "Office of Edu-
cational Technology". 
PART D—AUTHORIZATION OF 
APPROPRIATIONS 
20 use 5871. 
SEC. 241. AUTHORIZATION OF APPROPRIATIONS. 
(a) NATIONAL EDUCATION GOALS PANEL.—There are authorized 
to be appropriated $3,000,000 for fiscal year 1994, and such sums 
as may be necessary for each of the four succeeding fiscal years, 
to carry out part A of this title. 
(b) NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUN-
CIL.—^There are authorized to be appropriated $3,000,000 for fiscal 
year 1994, and such sums as may be necessary for each of the 
fiscal years 1995 through 1998, to carry out part B of this title. 
(c) OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.—There are 
authorized to be appropriated $2,000,000 for fiscal year 1994, and 
such sums as may be necessary for fiscal year 1995, to carry 
out section 219. 
(d) ASSESSMENT DEVELOPMENT AND EVALUATION 
GRANTS.— 
There are authorized to be appropriated $5,000,000 for fiscal year 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 157 
1994, and such sums as may be necessary for each of the 4 succeed-
ing fiscal years, to carry out section 220. 
TITLE III—STATE AND LOCAL 
EDUCATION SYSTEMIC IMPROVEMENT 
SEC. 301. FINDINGS. 
20 USC 5881. 
The Congress finds that— 
(1) all students can learn and achieve to high standards 
and must realize their potential if the United States is to 
prosper; 
(2) the reforms in education from 1977 through 1992 have 
achieved some good results, but such reform efforts often have 
been limited to a few schools or to a single part of the edu-
cational system; 
(3) leadership must come from teachers, related services 
personnel, principals, and parents in individual schools, and 
from policymakers at the local. State, tribal, and national levels, 
in order for lasting improvements in student performance to 
occur; 
(4) simultaneous top-down and bottom-up education reform 
is necessary to spur creative and innovative approaches by 
individual schools to help all students achieve internationally 
competitive standards; 
(5) strategies must be developed by communities and States 
to support the revitalization of all local public schools by fun-
damentally changing the entire system of public education 
through comprehensive, coherent, and coordinated improve-
ment in order to increase student learning; 
(6) parents, teachers, and other local educators, and busi-
ness, community, and tribal leaders must be involved in devel-
oping systemwide improvement strategies that reflect the needs 
of their individual commimities; 
(7) State and local education improvement efforts must 
incorporate strategies for providing all students and families 
with coordinated access to appropriate social services, health 
care, nutrition, and early childhood education, and child care 
to remove preventeble barriers to learning and enhance school 
readiness for all students; 
(8) States and local educational agencies, working together, 
must immediately set about developing and implementing such 
systemwide improvement strategies if our Nation is to educate 
all children to meet their full potential and achieve the National 
Education Groals described in title I; 
(9) State and local systemic improvement strategies must 
provide all students with effective mechanisms and appropriate 
paths to the work force as well as to higher education; 
(10) businesses should be encouraged— 
(A) to enter into partnerships with schools; 
(B) to provide information and guidance to schools 
based on the needs of area businesses for properly educated 
graduates in general and on the need for particular work-
place skills that the schools may provide; 
(C) to provide necessary education and training mate-
rials and support; and 
vttj?*^"^*^'^'*''^ 
108 STAT. 158 
PUBLIC LAW 103-227—MAR. 31, 1994 
(D) to continue the lifelong learning process throughout 
the employment years of an individual; 
(11) schools should provide information to businesses 
regarding how the business community can assist schools in 
meeting the purposes of this Act; 
(12) institutions of higher education should be encouraged 
to enter into partnerships with schools to provide information 
and guidance to schools on the skills and knowledge graduates 
need in order to enter and successfully complete postsecondary 
education, and schools should provide information and guidance 
to institutions of higher education on the skills, knowledge, 
and preservice training teachers need, and the tj^jes of profes-
sional development educators need in order to meet the pur-
poses of this Act; 
(13) the appropriate and innovative use of technology, 
including distance learning, can be very effective in helping 
to provide all students with the opportunity to learn and meet 
high standards; 
(14) Federal funds should be targeted to support State 
and local initiatives, and to leverage State and local resources 
for designing and implementing systemwide education improve-
ment plans; 
(15) all students are entitled to participate in a broad 
and challenging curriculum and to have access to resources 
sufficient to address other education needs; and 
(16) quality education management services are being uti-
lized by local educational agencies and schools through contrac-
tual agreements among local educational agencies or schools 
and businesses providing quality education management serv-
ices. 
20 u s e 5882. 
SEC. 302. PURPOSE. 
(a) PURPOSE.—It is the purpose of this title to improve the 
quality of education for all students by improving student learning 
through a long-term, broad-based effort to promote coherent and 
coordinated improvements in the system of education throughout 
the Nation at the State and local levels. 
(b) CONGRESSIONAL INTENT.—^This title provides new authori-
ties and funding for the Nation's school systems without replacing 
or reducing funding for existing Federal education programs. It 
is the intention of the Congress that no State or local educational 
agency will reduce its funding for education or for education reform 
on account of receiving any funds under this title. 
20 u s e 5883. 
SEC. 303. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $400,000,000 for the 
fiscal year 1994, and such sums as may be necessary for each 
of the fiscal years 1995 through 1998, to carry out this title. 
20 u s e 5884. 
SEC. 304. ALLOTMENT OF FUNDS. 
(a) RESERVATIONS OF FUNDS.—^From funds appropriated under 
section 303, the Secretary— 
(1) shall reserve a total of one percent to provide assistance, 
in amoimts determined by the Secretary— 
(A) to the outljdng areas; 
(B) to the Secretary of the Interior to benefit Indian 
students in schools operated or funded by the Bureau; 
and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 159 
(C) to the Alaska Federation of Natives in cooperation 
with the Alaska Native Education Council to benefit Alaska 
Native students; and 
(2) may reserve a total of not more than 5 percent for— 
(A) national leadership activities under sections 313 
and 314; 
(B) the costs of peer review of State improvement plans 
and applications under this title; and 
(C) evaluation activities under section 221. 
(b) STATE ALLOTMENTS.—From the amount appropriated under 
section 303 and not reserved under subsection (a) in each fiscal 
year the Secretary shall make allotments to State educational agen-
cies as follows: 
(1) 50 percent of such amount shall be allocated in accord-
ance with the relative amounts each State would have received 
under chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 for the preceding fiscal year if funds 
under such chapter in such preceding fiscal year were not 
reserved for the outljdng areas. 
(2) 50 percent of such amount shall be allocated in accord-
ance with the relative amounts each State would have received 
under part A of chapter 2 of title I of the Elementary and 
Secondary Education Act of 1965 for the preceding fiscal year 
if funds under such chapter in such preceding fiscal year were 
not reserved for the outlying areas. 
(c) REALLOTMENTS.—If the Secretary determines that any 
amount of a State educational agency's allotment for any fiscal 
year under subsection (b) will not be needed for such fiscal year 
by the State, the Secretary shall reallot such amount to other 
State educational agencies that need additional funds, in such man-
ner as the Secretary determines is appropriate. 
(d) MAINTENANCE OF EFFORT.—Each recipient of funds under 
this title, in utilizing the proceeds of an allotment received under 
this title, shall maintain the expenditures of such recipient for 
the activities assisted under this title at a level equal to not less 
than the level of such expenditures maintained by such recipient 
for the fiscal year preceding the fiscal year for which such allotment 
is received, except that the Secretary may reduce, temporarily or 
permanently, the level of expenditures required by this subsection 
if the Secretary determines that such recipient has justifiable rea-
sons for a reduction in the level of expenditures required by this 
subsection. 
SEC. 305. STATE APPUCATIONS. 
20 USC 5885. 
(a) APPLICATION.— 
(1) IN GENERAL.—Each State educational agency that 
desires to receive an allotment under this title shall submit 
an application to the Secretary at such time and in such manner 
as the Secretary may determine. 
(2) ADDITIONAL INFORMATION.—In addition to the informa-
tion described in subsections (b) and (c), each such application 
shall include— 
(A) an assurance that the State educational agency 
will cooperate with the Secretary in carrying out the Sec-
retary's responsibilities under section 312, and will comply 
with reasonable requests of the Secretary for data related 
108 STAT. 160 
PUBLIC LAW 103-227—MAR. 31, 1994 
to the State's progress in developing and implementing 
its State improvement plan under section 306; 
(B) an assurance that State law provides adequate 
authority to carry out each component of the State's 
improvement plan developed, or to be developed under 
section 306, or that such authority will be sought; 
(C) an assurance that the State content standards 
and State student performance standards developed for 
student achievement are not Itss rigorous than such stand-
ards used prior to the date of enactment of this Act; 
(D) an assurance that the State will provide for broad 
public participation in the planning process; and 
(E) such other assurances and information as the Sec-
retary may require. 
(b) FIRST YEAR.—^A State educational agency's application for 
the first year of assistance under this title shall— 
(1) describe the process by which the State educational 
agency will develop a State improvement plan that meets the 
requirements of section 306; and 
(2) describe how the State educational agency will use 
funds received under this title for such year, including how 
such agency will make subgrants to local educational agencies 
in accordance with section 309(a), and how such agency will 
use funds received imder this title for education preservice 
programs and professional development activities in accordance 
with section 309(b). 
(c) SUBSEQUENT YEARS.—^A State educational agency's applica-
tion for the second year of assistance under this title shall— 
(1) cover the second through fifth years of the State's 
participation; 
(2) include a copy of the State's improvement plan that 
meets the requirements of section 306, or if the State improve-
ment plan is not complete, a statement of the steps the State 
will take to complete the plan and a schedule for doing so; 
and 
(3) include an explanation of how the State educational 
agency will use funds received under this title, including how 
such agency will make subgrants to local educational agencies 
in accordance with section 309(a), and how such agency will 
use such funds received under this title for education preservice 
programs and professional development activities in accordance 
with section 309(b). 
20 use 5886. 
SEC. 306. STATE IMPROVEMENT PLANS. 
(a) BASIC SCOPE OF PLAN.—Except as provided in section 
305(c)(2) and consistent with the requirements of this section, any 
State educational agency that wishes to receive an allotment under 
this title after its first year of participation shall develop and 
implement a State improvement plan for the improvement of 
elementary and secondary education in the State. 
(b) PLAN DEVELOPMENT.— 
(1) IN GENERAL.—^A State improvement plan under this 
title shall be developed by a broad-based State panel in coopera-
tion with the State educational agency and the Governor. The 
panel shall include— 
(A) the Grovemor and the chief State school officer, 
or their designees; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 161 
(B) the chairperson of the State board of education 
and the chairpersons of the appropriate 
authorizing 
committees of the State legislature, or their designees; 
(C) teachers, principals, and administrators who have 
successfully improved student performance, and deans or 
senior administrators of a college, school, or department 
of education; 
(D) representatives of teacher's organizations, parents, 
secondary school students, institutions of higher education, 
business and labor leaders, community-based organizations 
of demonstrated effectiveness, organizations serving young 
children, local boards of education. State and local omcials 
responsible for health, social, and other related services, 
private schools in which students or teachers participate 
in Federal education programs, and, as appropriate, Indian 
tribes and others; 
(E) representatives from rural and urban local edu-
cational agencies in the State, as appropriate; and 
(F) experts in educational measurement and assess-
ment. 
(2) APPOINTMENT.—The Governor and the chief State school 
officer shall each appoint half the members of the panel and 
shall jointly select the Chairperson of the panel and the rep-
resentative of private schools described in paragraph (IXD). 
(3) REPRESENTATION.—(A) To the extent feasible, the mem-
bership of the panel shall be geographically representative of 
the State and reflect the diversity of the population of the 
State with regard to race, ethnicity, gender, and disability 
characteristics. 
(B) The membership of the panel shall be composed so 
that the minimum total number of members of the panel with 
expertise or background in the educational needs or assess-
ments of children from low-income families, children with 
minority backgrounds, children with limited-English pro-
ficiency, or children with disabilities, serving on the panel— 
(i) bears the same relation to the total number of 
members serving on the panel as the total number of 
all such children in the State bears to the total number 
of all children in the State; or 
(ii) is at least one-third of the number of members 
of the panel, 
whichever is less. 
(4) CONSULTATION.—The panel shall consult the Governor, 
the chief State school oflicer, the State board of education, 
and relevant committees of the State legislature in developing 
the State improvement plan. 
(5) OUTREACH.—The panel shall be responsible for conduct-
ing a statewide, grassroots outreach process, including conduct-
ing public hearings, to involve educators, related services 
personnel, parents, local ofllcials, tribal government officials 
as appropriate, individuals representing private 
nonprofit 
elementary and secondary schools, community and business 
leaders, citizens, children's advocates, secondary school stu-
dents, and others with a stake in the success of students 
and their education system, and who are representative of 
the diversity of the State and the State's student population, 
including, students of limited-English proficiency, students with 
108 STAT. 162 
PUBLIC LAW 103-227—MAR. 31, 1994 
disabilities, and, as appropriate, American Indian, Alaska 
Native, and Native Hawaiian students, in the development 
of the State improvement plan and in a continuing dialogue 
regarding the need for and nature of standards for students 
and local and State responsibilities for helping all students 
achieve such standards in order to assure that the development 
and implementation of the State improvement plan reflects 
local needs and experiences and does not result in a significant 
increase in paperwork for teachers. 
(6) PROCEDURE AND APPROVAL.—The panel shall develop 
a State improvement plan, provide opportunity for public com-
ment, and submit such plan to the State educational agency 
for approval. 
(7) SUBMISSION.—The State educational agency shall sub-
mit the original State improvement plan developed by the panel 
and the State improvement plan if modifled by such agency, 
together with an explanation of any changes made by such 
agency to the plan developed by the panel, to the Secretary 
for approval. 
(8) MATTERS NOT UNDER THE JURISDICTION OF THE STATE 
EDUCATIONAL AGENCY.—If any portion of a State improvement 
plan addresses matters that, under State or other applicable 
law, are not under the authority of the State educational 
agency, the State educational agency shall obtain the approval 
of, or changes to, such portion, with an explanation thereof, 
from the Governor or other official responsible for that portion 
before submitting such plan to the Secretary. 
(9) MONITORING; REVISIONS; REPORTING.—After approval of 
the State improvement plan by the Secretary, the panel shall 
be informed of progress on such plan by the State educational 
agency, and such agency, in close consultation with teachers, 
principals, administrators, advocates and parents in local edu-
cational agencies and schools receiving funds under this title, 
shall monitor the implementation and operation of such plan. 
The panel shall review such plan, and based on the progress 
described in the preceding sentence, determine if revisions to 
such plan are appropriate and necessary. The panel shall 
periodically report such determination to the public. 
(c) TEACHING, LEARNING, STANDARDS, AND ASSESSMENTS.—Each 
State educational agency, with broad-based classroom teacher input, 
shall establish and include in its State improvement plan strategies 
for meeting the National Education Groals by improving teaching, 
and learning and students' mastery of basic and advanced skills 
in core content areas, such as English, mathematics, science (includ-
ing physics), history, geography, foreign languages, the arts, civics 
and government, and economics. Such strategies— 
(1) shall include— 
(A) a process for developing or adopting State content 
standards and State student performance standards for 
all students, which process shall include coordinating the 
standards developed pursuant to section 115 of the Carl 
D. Perkins Vocational and Applied Technology Education 
Act; 
(B) a process for developing and implementing valid, 
nondiscriminatory, and reliable State assessments— 
(i) which assessments shall— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 163 
(I) be aligned with such State's content stand-
ards; 
(II) involve multiple measures of student 
performance; 
(III) provide for— 
(aa) the participation in such assessments 
of all students with diverse learning needs; 
and 
(bb) the adaptations and accommodations 
necessary to permit such participation; 
(IV) be consistent with relevant, nationally 
recognized professional and technical standards for 
such assessments; 
(V) be capable of providing coherent informa-
tion about student attainments relative to the 
State content standards; and 
(VI) support effective curriculum and instruc-
tion; and 
(ii) which process shall provide for monitoring the 
implementation of such assessments and the impact 
of such assessments on improved instruction for all 
students; 
(C) a process for aligning State or local curricula, 
instructional materials, and State assessments with the 
State content standards and State student performance 
standards; and 
(D) a process for familiarizing teachers with the State 
content standards and State student performance stand-
ards and developing the capability of teachers to provide 
high quality instruction within the content areas described 
in the matter preceding paragraph (1) of this subsection; 
(2) may include strategies such as— 
(A) a process for providing assistance and support to 
local educational agencies and schools to strengthen the 
capacity of such agencies and schools to provide all students 
the opportunity to increase educationsd achievement and 
meet State content standards and State student perform-
ance standards; 
(B) assessing the efiTectiveness and equity of the school 
finance program of the State to identify disparities in the 
resources available to each local educational agency and 
school in such State and how such disparities affect the 
ability of the State educational agency and local educational 
agencies to develop and implement plans imder this title; 
(C) a process for developing, selecting, or recommend-
ing instructional materials, including gender equitable and 
multicultural materials, and technology to support and 
assist local educational agencies and schools to provide 
all students the opportiuiity to meet State content stand-
ards and State student performance standards; 
(D) a process for providing appropriate and effective 
professional development, including the use of technology, 
distance learning, and gender-equitable methods, necessary 
for teachers, school administrators, and others to help all 
students meet State content standards and State student 
performance standards; and 
108 STAT. 164 
PUBLIC LAW 103-227—MAR. 31, 1994 
(E) a process for improving the State's system of 
teacher and school administrator preparation and licensure, 
and of continuing professional development programs, 
including the use of technology at both the State and 
local levels, so that all teachers, related services personnel, 
and administrators develop the subject matter and peda-
gogical expertise needed to prepare all students to meet 
State content standards and State student performance 
standards. 
(d) OPPORTUNITY-TO-LEARN STANDARDS AND STRATEGIES.— 
(1) IN GENERAL.—^Each State improvement plan shall estab-
lish standards or strategies for providing all students with 
an opportunity to learn. Such standards or strategies shall 
include such factors as the State deems appropriate to ensure 
that all students receive a fair opportunity to achieve the 
knowledge and skills as described in State content standards 
and State student performance standards adopted by the State. 
(2) IMPLEMENTATION.—Notwithstanding any other provi-
sion of this Act, the implementation of opportunity-to-leam 
standards or strategies shall be voluntary on the part of the 
States, local educational agencies, and schools. 
(3) CONSTRUCTION.—^Nothing in this section shall be con-
strued to— 
(A) mandate equalized spending per pupil for a State, 
local educational agency, or school; or 
(B) mandate national school building standards for 
a State, local educational agency, or school. 
(e) GOVERNANCE, ACCOUNTABILITY AND MANAGEMENT.—Each 
State improvement plan shall establish strategies for improved 
governance, accountability and management of the State's education 
system, such as— 
(1) aligning responsibility, authority, and accountability 
throughout the education system, so that decisions regarding 
the means for achieving State content standards and State 
student performance standards are made closest to the learners; 
and 
(2) creating an integrated and coherent approach to recruit-
ing, retaining and supporting the continued professional devel-
opment of teachers (including vocational teachers), and other 
educators, giving special attention to the recruitment into and 
retention of qualified minorities in the education profession. 
(f) PARENTAL AND COMMUNITY SUPPORT AND INVOLVEMENT.— 
Each State improvement plan shall describe strategies for how 
the State educational agency will involve parents and other commu-
nity representatives in planning, designing, and implementing the 
State improvement plan, including strategies such as— 
(1) focusing public and private community resources and 
public school resources on prevention and early intervention 
to address the needs of all students by identifying and removing 
unnecessary regulations and obstacles to coordination; and 
(2) increasing the access of all students to social services, 
health care, nutrition, related services, and child care services, 
and locating such services in schools, cooperating service agen-
cies, community-based centers, or other convenient 
sites 
designed to provide "one-stop shopping^ for parents and stu-
dents. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 165 
(g) MAKING THE IMPROVEMENTS SYSTEMWIDE.—TO help provide 
all students throughout the State the opportunity to meet State 
standards, each State improvement plan shall describe strategies, 
such as strategies that— 
(1) provide for the availability of curricular materials, 
learning technologies, including distance learning, and profes-
sional development in a manner that ensures equal access 
by all local educational agencies in the State; and 
(2) develop partnerships with Indian tribes and schools 
funded by the Bureau, where appropriate, to improve consist-
ency and compatibility in curriculum among public elementary 
and secondary schools, and such schools funded by the Bureau 
at all grade levels. 
(h) PROMOTING BOTTOM-UP REFORM.—Each State improvement 
plan shall include strategies for ensuring that comprehensive, sys-
temic reform is promoted from the bottom up in communities, 
local educational agencies, and schools, as well as guided by 
coordination and facilitation from State leaders, including strategies 
such as— 
(1) providing flexibility to individual schools and local edu-
cational agencies to enable such schools and agencies to adapt 
and integrate State content standards into courses of study 
appropriate for individual schools and communities; and 
(2) facilitating the provision of waivers from State rules 
and regulations that impede the ability of local educational 
agencies or schools to carry out local improvement plans. 
(i) DROPOUT STRATEGIES.—Each State improvement plan shall 
include strategies for assisting local educational agencies and 
schools to enable such agencies and schools— 
(1) to meet the needs of school-aged children who have 
dropped out of school; 
(2) to bring such children into the education system; and 
(3) to help such students meet State content standards 
and State student performance standards. 
(j) COORDINATION WITH SCHOOL-TO-WORK PROGRAMS.—If 
a 
State has received Federal assistance for the purpose of planning 
for, expanding, or establishing a school-to-work program, then a 
State shall include in the State improvement plan a description 
of how such school-to-work program will be incorporated into the 
school reform efforts of the State. In particular, the State improve-
ment plan shall include a description of how secondary schools 
will be modified in order to provide career guidance, the integration 
of academic and vocational education, and work-based learning, 
if such programs are proposed in the State's school-to-work plan. 
(k) BENCHMARKS AND TIMELINES.—Each State improvement 
plan shall include specific benchmarks of improved student perform-
ance and of progress in implementing such plan, and timelines 
against which the progress of the State in carrying out such plan, 
including the elements described in subsections (c) through (j). 
can be measured. 
(1) COORDINATING STRATEGIES.—Each Stete plan shall include 
strate^es for coordinating the integration of academic and voca-
tional instruction pursuant to the Carl D. Perkins Vocational and 
Applied Technology Education Act. 
(m) PROGRAM IMPROVEMENT AND ACCOUNTABILITY.—Each State 
improvement plan shall describe— 
108 STAT. 166 
PUBLIC LAW 103-227—MAR. 31, 1994 
(1) how the State will monitor progress towards implement-
ing the State and local improvement plans; and 
(2) procedures the State plans to use, consistent with State 
law, to improve schools that are not meeting the State content 
standards voluntarily adopted by the State within the estab-
lished timelines. 
(n) PEER REVIEW AND SECRETARIAL APPROVAL.— 
(1) IN GENERAL.—(A) The Secretary shall review, within 
a reasonable period of time, each State improvement plan pre-
pared under this section, and each application submitted under 
^ 
section 305, through a peer review process involving the assist-
ance and advice of State and local education policymakers, 
educators, classroom teachers, related services personnel, 
experts on educational innovation and improvement, parents, 
advocates, and other appropriate individuals. Such peer review 
process shall be representative of the diversity of the United 
States with regard to geography, race, ethnicity, gender and 
disability characteristics. Such peer review process shall include 
at least 1 site visit to each State, except during the period 
when a State improvement plan is being developed. 
(B) Notwithstanding the provisions of subparagraph (A), 
in the first year that a State educational agency submits an 
application for development of a State improvement plan under 
this title the Secretary shall not be required to— 
(i) review such application through a peer review proc-
ess; and 
(ii) conduct a site visit. 
(2) APPROVAL.—The Secretary shall approve a 
State 
improvement plan if such plan is submitted to the Secretary 
not later than 2 years after the date the State educational 
agency receives its first allotment under section 304(b), and 
when the Secretary determines, after considering the peer 
reviewers' comment, that such plan— 
(A) reflects a widespread commitment within the State; 
(B) holds reasonable promise of helping all students 
to achieve at the high levels called for by this Act; 
(C) meets the requirements of subsections (a) through 
(k); and 
(D) allows local schools, local educational agencies and 
communities the flexibility to implement local improvement 
plans in a manner which reflects local needs and require-
ments in order to promote a 'bottom up' system of school 
reform. 
(3) DISAPPROVAL.—^The Secretary shall not disapprove a 
State improvement plan, or any State application submitted 
under section 305, before offering the State— 
(A) an opportunity to revise such plan or application; 
and 
(B) a hearing. 
(o) REGULAR REVIEW.—Each State improvement plan shall 
include a process for periodically reviewing and updating any State 
content standards, State student performance standards. State 
opportunity-to-learn standards or strategies, and State assessments, 
(p) AMENDMENTS TO PLAN.— 
(1) IN GENERAL.—Each State educational agency shall 
periodically review its State improvement plan and revise such 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 167 
plan, as appropriate, in accordance with the process described 
in subsection (b). 
(2) REVIEW.—The Secretary shall review any major amend-
ment to a State improvement plan and shall not disapprove 
any such amendment before offering a State educational 
agency— 
(A) an opportunity to revise such amendment; and 
(B) a hearing. 
(q) PREEXISTING STATE PLANS AND PANELS.— 
(1) IN GENERAL.—If a State has developed a comprehensive 
and systemic State improvement plan to help all students meet 
State standards or any component of such plan, that meets 
the intent and purposes of this section, then the Secretary 
may approve such plan or component notwithstanding that 
such plan was not developed in accordance with subsection 
(b) if the Secretary determines that such approval would further 
the purposes of State systemic education improvement. 
(2) SPECIAL RULE.—(A) If, before the date of enactment 
of this Act, a State has made substantial progress in developing 
a plan that meets the intent and purposes of this section, 
but was developed by a panel that does not meet the require-
ments of paragraphs (1) through (3) of subsection (b), the Sec-
retary may, at the request of the Governor and the State 
educational agency, treat such panel as meeting the require-
ments of this title if the Secretary determines that there has 
been statewide involvement of educators, parents, students, 
advocacy groups, and other interested members of the public 
in the development of the plan. 
SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS. 
20 USC 5887. 
(a) FIRST YEAR.—The Secretary shall approve the State edu-
cational agency's first year application under section 305(b) if the 
Secretary determines that— 
(1) such application meets the requirements of this title; 
and 
(2) there is a substantial likelihood that the second year 
application of the State educational agency under section 305(c) 
will provide for the development and implementation of a State 
improvement plan that complies with section 306. 
(b) SECOND 
THROUGH 
FIFTH YEARS.—The Secretary shall 
approve the State educational agency's second year application 
under section 305(c)(1) for the second through fifth years of partici-
pation only if— 
(1)(A) the Secretary has approved the State improvement 
plan under section 306(n); or 
(B) the Secretary determines that the State has made 
substantial progress in developing its State improvement plan 
and will implement such plan not later than the end of the 
second year of participation; and 
(2) the application meets the other requirements of this 
title. 
(c) PAYMENTS.—For any fiscal year for which a State has an 
approved application under this title, the Secretary shall provide 
an allotment to the State educational agency in the amount deter-
mined under section 304(b). 
79-194 O—95—7 : QL 3 Part 1 
108 STAT. 168 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 u s e 5888. 
SEC. 308. STATE USE OF FUNDS. 
(a) FIRST YEAR.—In the first year for which a State educational 
agency receives an allotment under this title, such agency— 
(1) if the amount made available under section 303 for 
such year is equal to or greater than $50,000,000, shall use 
at least 60 percent of such allotted funds to award subgrants— 
(A) in accordance with section 309(a), to local edu-
cational agencies for the development or implementation 
of local improvement plans; and 
(B) in accordance with section 309(b), to improve 
educator preservice programs and for professional develop-
ment activities consistent with the State improvement plan; 
(2) if the amount made available under section 303 for 
such year is less than $50,000,000, may use such funds for 
the subgrants described in paragraph (1); and 
(3) shall use any such allotted funds not used in accordance 
with paragraphs (1) and (2) to develop, revise, expand, or 
implement a State improvement plan described in section 306. 
(b) SUCCEEDING YEARS.—Each State educational agency that 
receives an allotment under this title for any year after the first 
year of such agency receives assistance under this title shall— 
(1) use at least 90 percent of such allotment to make 
subgrants— 
(A) in accordance with section 309(a), to local edu-
cational agencies for the implementation of the State 
improvement plan and of local improvement plans; and 
(B) in accordance with section 309(b), to improve 
educator preservice programs and for professional develop-
ment activities that are consistent with the State improve-
ment plan; and 
(2) use the remainder of such assistance for State activities 
designed to implement its State improvement plan, such as— 
(A) supporting the development or adoption of State 
content standards and State student performance stand-
ards, State opportunity-to-learn standards, and 
State 
assessments linked to such standards, including— 
(i) through consortia of States; or 
(ii) with the assistance of the National Education 
Standards and Improvement Council established under 
part B of title II; 
(B) supporting the implementation of high-performance 
management and organizational strategies, such as site-
based management, shared decisionmaking, or quality 
management principles, to promote effective implementa-
tion of such plan; 
(C) supporting the development and implementation, 
at the local educational agency and school building level, 
of improved human resource development systems for 
recruiting, selecting, mentoring, supporting, evaluating and 
rewarding educators; 
(D) providing special attention to the needs of minority, 
limited-English proficient, disabled, and female students, 
including instructional programs and activities that encour-
age such students in elementary and secondary schools 
to aspire to enter and complete post-secondary education 
or training; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 169 
(E) supporting innovative and proven methods of 
enhancing a teacher's ability to identify student learning 
needs, and motivating students to develop higher order 
thinking skills, discipline, and creative resolution methods; 
(F) supporting the development, at the State or local 
level, of performance-based accountability and incentive 
systems for schools; 
(G) outreach to and training for parents, tribal officials, 
organizations serving young children, classroom teachers, 
related services personnel, and other educators, and the 
public, related to education improvement; 
(H) providing technical assistance and other services 
to increase the capacity of local educational agencies and 
schools to develop and implement systemic local improve-
ment plans, implement new State assessments, and develop 
curricula consistent with the State content standards and 
State student performance standards; 
(I) promoting public magnet schools, public "charter 
schools", and other mechanisms for increasing choice 
among public schools, including information and referral 
programs which provide parents with information on avail-
able choices; 
(J) supporting activities relating to the planning of, 
and evaluation of, projects under which local educational 
agencies or schools contract with private management 
organizations to reform a school; 
(K) supporting intergenerational mentoring programs; 
(L) supporting the development, at the State or local 
level, of school-based programs that restore discipline and 
reduce violence in schools and communities, such as 
community mobilization programs; and 
(M) collecting and analyzing data. 
(c) LIMIT ON ADMINISTRATIVE COSTS.—A State educational 
agency that receives an allotment under this title in any fiscal 
year shall use not more than 4 percent of such allotment in such 
year, or $100,000, whichever is greater, for administrative expenses, 
which administrative expenses shall not include the expenses 
related to the activities of the panel established under section 
306(b)(1). 
(d) SPECIAL RULE.—Any new public school established under 
this title— 
(1) shall be nonsectarian; 
(2) shall not be affiliated with a nonpublic sectarian school 
or religious institution; and 
(3) shall operate under the authority of a State educational 
agency or local educational agency. 
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL 20 USC 5889. 
DEVELOPMENT. 
(a) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— 
(1) IN GENERAL.—(A) Each State educational agency shall 
make subgrants, through a competitive process to carry out 
the authorized activities described in paragraph (4), to local 
educational agencies (or consortia of such agencies) in accord-
ance with section 308. 
(B) In making such subgrants, the State educational agency Urban and 
shall award not less than 1 subgrant in each fiscal year to ^^^^^ ^^^^^-
108 STAT. 170 
PUBLIC LAW 103-227—MAR. 31, 1994 
an urban local educational agency and not less than 1 subgrant 
in each fiscal year to a rural local educational agency, where 
appropriate, except that this provision shall not apply to the 
District of Columbia. An education service agency may serve 
as a fiscal agent for a rural local educational agency. 
(C) Each such subgrant shall be for a project of sufficient 
duration and of sufficient size, scope, and quality to carry 
out the purpose of this title effectively. 
(2) APPLICATION REQUIRED.—(A) A local educational agency 
desiring to receive a subgrant under this subsection for the 
development of a local improvement plan shall submit an 
application to the State educational agency. Such application 
shall contain assurances that the local educational agency 
intends to develop a local improvement plan that meets the 
requirements of this section. 
(B) A local educational agency only shall be eligible to 
receive a subgrant under this subsection to develop a local 
improvement plan for one fiscal year. 
(3) PLAN REQUIRED.—Each local educational agency desir-
ing to receive a subgrant under this subsection to implement 
a local improvement plan shall submit a local improvement 
plan to the State educational agency. Each such plan shall— 
(A) be developed by a broad-based panel that— 
(i) is appointed by the local educational agency 
and is representative of the diversity of students and 
community with regard to race, language, ethnicity, 
gender, disability, and socioeconomic characteristics 
and includes teachers, parents, advocacy groups, school 
administrators, business representatives, and others, 
as appropriate; and 
(ii) shall, following the selection of its members, 
establish the procedures regarding the operation of 
the panel, including the designation of the chairperson; 
(B) 
address 
districtwide 
education 
improvement, 
directed at enabling all students to meet the State content 
standards and State student performance 
standards, 
including specific goals and benchmarks, reflect the prior-
ities of the State improvement plan (either approved or 
under development) and include a strategy for— 
(i) ensuring that all students have a fair oppor-
tunity to learn; 
(ii) improving teaching and learning; 
(iii) improving governance and management; 
(iv) generating, maintaining, and strengthening 
parental and community involvement; and 
(v) expanding improvements throughout the local 
educational agency; 
(C) promote the flexibility of local schools in developing 
plans which address the particular needs of their school 
and community and are consistent with the local improve-
ment plan; 
(D) describe a process of broad-based community 
participation in the development, implementation, and 
evaluation of the local improvement plan; 
(E) describe how the local educational agency will 
encourage and assist schools to develop and implement 
comprehensive school improvement plans that— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 171 
(i) focus on helping all students reach State content 
standards and State student performance standards; 
and 
(ii) address relevant elements of the local improve-
ment plan of the local educational agency identified 
in subparagraph (B); 
(F) describe how the local educational agency will 
implement specific programs aimed at ensuring improve-
ments in school readiness and the ability of students to 
learn effectively at all grade levels by identifying the most 
pressing needs facing students and their families with 
regard to social services, health care, nutrition, and child 
care, and entering into partnerships with public and private 
nonprofit agencies to increase the access of students and 
families to coordinated nonsectarian services in a school 
setting or at a nearby site; 
(G) describe how the subgrant funds will be used by 
the local educational agency, and the procedures to be 
- used to make funds available to schools in accordance 
with paragraph (6)(A); 
(H) identify, with an explanation, any State or Federal 
requirements that the local educational agency believes 
impede educational improvement and that such agency 
requests be waived in accordance with section 311, which 
requests shall promptly be transmitted to the Secretary 
by the State educational agency; and 
(I) contain such other information as the State edu-
cational agency may reasonably require. 
(4) SUBMISSION.—A local educational agency which has 
approved a local improvement plan shall submit such plan 
to the State educational agency for approval together with 
a description of modifications to such plan and any comments 
from the local panel regarding such plan. 
(5) MONITORING.—The panel described in paragraph (3)(A), 
after approval of the local educational agency's application by 
the State educational agency, shall be informed of progress 
on such plan by the local educational agency, and the local 
educational agency shall monitor the implementation and 
effectiveness of the local improvement plan in close consultation 
with teachers, related services personnel, principals, adminis-
trators, community members, and parents from schools receiv-
ing funds under this title, as well as assure that implementation 
of the local improvement plan does not result in a significant 
increase in paperwork for teachers. The panel shall review 
such plan and based on the progress described in the preceding 
sentence, determine if revisions to the local improvement plan 
should be recommended to the local educational agency. The 
panel shall periodically report such determination to the public. 
(6) AUTHORIZED ACTIVITIES.—(A) A local educational agency 
that receives a subgrant under this subsection— 
(i) in the first year such agency receives the subgrant 
shall use— 
(I) not more than 25 percent of the subgrant funds 
to develop a local improvement plan or for any local 
educational agency activities approved by the State 
educational agency that are reasonably related to 
carrying out the State or local improvement plans, 
108 STAT. 172 
PUBLIC LAW 103-227—MAR. 31, 1994 
which may include the estabHshment of innovative 
new public schools; and 
(II) not less than 75 percent of the subgrant funds 
to support individual school improvement initiatives 
related to providing all students in the school the 
opportunity to meet State content standards and State 
student performance standards; and 
(ii) in subsequent years, shall use subgrant funds for 
any activities approved by the State educational agency 
which are reasonably related to carrying out the State 
or local improvement plans which may include the 
establishment of innovative new public schools, except that 
at least 85 percent of such funds shall be made available 
to individual schools to develop and implement comprehen-
sive school improvement plans which are designed to meet 
the needs of their particular student population and help 
all students meet State content standards and State stu-
dent performance standards. 
Disadvantaged. 
(B) At least 50 percent of the funds made available by 
a local educational agency to individual schools under this 
section in any fiscal year shall be made available to schools 
with a special need for such assistance, as indicated by a 
high number or percentage of students from low-income fami-
lies, low student achievement, or other similar criteria devel-
oped by the local educational agency. 
(C) A local educational agency may not use more than 
five percent of the subgrant funds such agency receives in 
each fiscal year under this title for administrative expenses. 
(7) SPECIAL CONSIDERATION.—The State educational agency 
shall give special consideration in awarding a subgrant to— 
(A) a consortium of local educational agencies; or 
(B) a local educational agency that provides in the 
application or local improvement plan described in para-
graph (2) or (3), respectively, that such subgrant funds 
will be used to assist a consortium of schools that has 
developed a plan for school improvement. 
(b) SUBGRANTS FOR PRESERVICE 
TEACHER 
EDUCATION AND 
PROFESSIONAL DEVELOPMENT ACTIVITIES.— 
(1) IN GENERAL.—(A) Each State educational agency shall 
make subgrants, through a competitive, peer-reviewed process 
to a local educational agency, or a consortium of local edu-
cational agencies, in cooperation with institutions of higher 
education, nonprofit organizations, or any combination thereof, 
in accordance with section 308 to— 
(i) improve preservice teacher education programs 
consistent with the State improvement plan, including how 
to work effectively with parents and the community; and 
(ii) support continuing, sustained professional develop-
ment activities for educators and school administrators 
or related services personnel working with educators which 
will increase student learning in accordance with the State 
improvement plan. 
(B) Each State educational agency awarding subgrants 
under subparagraph (A) shall give priority to awarding such 
subgrants to— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 173 
(i) a local educational agency or consortium serving 
a greater number or percentage of disadvantaged students 
than the statewide average of such number or percentage; 
(ii) a local educational agency or consortium that forms 
partnerships with collegiate educators to establish profes-
sional development sites; and 
(iii) a local educational agency or consortium that— 
(I) focuses on upgrading teachers' knowledge of 
content areas; or 
(II) targets preparation and continued professional 
development of teachers of students with limited-Eng-
lish proficiency and students with disabilities. 
(2) APPLICATION.—Each local educational agency or consor-
tium that desires to receive a subgrant under this subsection 
shall submit an application to the State educational agency 
which— 
(A) describes how the applicant will use the subgrant 
to improve teacher preservice and school administrator edu-
cation programs or to implement educator professional 
development activities consistent with the State improve-
ment plan; 
(B) identifies the criteria to be used by the applicant 
to judge improvements in preservice education or the effects 
of professional development activities consistent with the 
State improvement plan; and 
(C) contains any other information that the State edu-
cational agency determines is appropriate. 
(3) REQUIRED ACTIVITIES.—^A recipient of a subgrant under 
this subsection shall use the subgrant funds for activities 
supporting— 
(A) the improvement of preservice teacher education 
and school administrator programs so that such programs 
equip educators with the subject matter and pedagogical 
expertise necessary for preparing all students to meet 
standards; or 
(B) the development and implementation of new and 
improved forms of continuing and sustained professional 
development opportunities for teachers, principals, and 
other educators at the school or district level that equip 
educators with such expertise, and with other knowledge 
and skills necessary for leading and participating in 
continuous education improvement. 
(4) PERMISSIVE ACTIVITIES.—^A recipient of a subgrant under 
this subsection may use the subgrant funds for costs related 
to release time for teachers to participate in professional devel-
opment activities, which professional development shall include 
related services personnel as appropriate. 
(c) SPECIAL AWARD RULE.— 
(1) IN GENERAL.—Each State educational agency shall Disadvantaged. 
award at least 50 percent of subgrant funds under subsection 
(a) in each fiscal year to local educational agencies that have 
a greater percentage or number of disadvantaged children than 
the statewide average such percentage or number for all local 
educational agencies in the State. 
(2) WAIVER.—The State educational agency may waive the 
requirement of paragraph (1) if such agency does not receive 
108 STAT. 174 
PUBLIC LAW 103-227—MAR. 31, 1994 
a sufficient number of applications to comply with such require-
ment. 
20 u s e 5890. 
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING. 
(a) INFORMATION AND TRAINING.—Proportionate to the number 
of children in a State or in a local educational agency who are 
enrolled in private elementary or secondary schools— 
( D a State educational agency or local educational agency 
which uses funds under this title to develop goals, State content 
standards or State student performance standards, curricular 
materials, and State assessments shall, upon request, make 
information related to such goals, standards, materials, and 
assessments available to private schools; and 
(2) a State educational agency or local educational agency 
which uses funds under this title for teacher and administrator 
training shall provide in the State improvement plan described 
in section 306 for the training of teachers and administrators 
in private schools located in the geographical area served by 
such agency. 
(b) WAIVER.—If, by reason of any provision of law, a State 
or local educational agency is prohibited from providing for the 
equitable participation of teachers and administrators from private 
scnools in training programs assisted with Federal funds provided 
under this title, or if the Secretary determines that a State or 
local educational agency has substantially failed or is unwilling 
to provide for such participation, the Secretary shall waive such 
requirements and shall arrange for the provision of training consist-
ent with State goals and State content standards for such teachers 
and administrators. Such waivers shall be subject to consultation, 
withholding, notice, and judicial review in accordance with section 
1017 of the Elementary and Secondary Education Act of 1965. 
20 u s e 5891. 
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIRE-
MENTS. 
(a) WAIVER AUTHORITY.— 
(1) IN GENERAL.—Except as provided in subsection (c), the 
Secretary may waive any statutory or regulatory requirement 
applicable to any program or Act described in subsection (b) 
for a State educational agency, local educational agency, or 
school if— 
(A) and only to the extent that, the Secretary deter-
mines that such requirement impedes the ability of the 
State, or of a local educational agency or school in the 
State, to carry out the State or local improvement plan; 
(B) the State educational agency has waived, or agrees 
to waive, similar requirements of State law; 
(C) in the case of a statewide waiver, the State edu-
cational agency— 
(i) provides all local educational agencies and par-
ent organizations in the State with notice and an 
opportunity to comment on the State educational agen-
cy's proposal to seek a waiver; and 
(ii) submits the local educational agencies' com-
ments to the Secretary; and 
(D) in the case of a local educational agency waiver, 
the local educational agency provides parents, community 
groups, and advocacy or civil rights groups with the oppor-
tunity to comment on the proposed waiver. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 175 
(2) APPLICATION.—(A)(i) To request a waiver under para-
graph (1), a local educational agency or school that receives 
funds under this title, or a local educational agency or school 
that does not receive funds under this title but is undertaking 
school reform efforts that the Secretary determines are com-
parable to the activities described in section 306, shall transmit 
an application for such a waiver to the State educational 
agency. The State educational agency then shall submit 
approved applications for waivers under paragraph (1) to the 
Secretary. 
(ii) A State educational agency that receives funds under 
this title may request a waiver under paragraph (1) by submit-
ting an application for such waiver to the Secretary. 
(B) Each application submitted to the Secretary under 
subparagraph (A) shall— 
(i) identify the statutory or regulatory requirements 
that are requested to be waived and the goals that the 
State educational agency or local educational agency or 
school intends to achieve; 
(ii) describe the action that the State educational 
agency has undertaken to remove State statutory or regu-
latory barriers identified in the application of local edu-
cational agencies; 
(iii) describe the goals of the waiver and the expected 
programmatic outcomes if the request is granted; 
(iv) describe the numbers and types of students to 
be impacted by such waiver; 
(v) describe a timetable for implementing a waiver; 
and 
(vi) describe the process the State educational agency 
will use to monitor, on a biannual basis, the progress 
in implementing a waiver. 
(3) TIMELINESS.—^The Secretary shall act promptly on a 
request for a waiver under paragraph (1) and shall provide 
a written statement of the reasons for granting or denying 
such request. 
(4) DURATION.—Each waiver under paragraph (1) shall be 
for a period not to exceed 4 years. The Secretary may extend 
such period if the Secretary determines that the waiver has 
been effective in enabling the State or affected local educational 
agencies to carry out reform plans. 
(b) INCLUDED PROGRAMS.—^The statutory or regulatory require-
ments subject to the waiver authority of this section are any such 
requirements under the following programs or Acts: 
(1) Chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965, including Even Start. 
(2) Part A of chapter 2 of title I of the Elementary and 
Secondary Education Act of 1965. 
(3) The Dwight D. Eisenhower Mathematics and Science 
Education Act. 
(4) The Emergency Immigrant Education Act of 1984. 
(5) The Drug-Free Schools and Communities Act of 1986. 
(6) The Carl D. Perkins Vocational and Applied Technology 
Education Act. 
(c) WAIVERS NOT AUTHORIZED.—^The Secretary may not waive 
any statutory or regulatory requirement of the programs or Acts 
described in subsection (b)--
108 STAT. 176 
PUBLIC LAW 103-227—MAR. 31, 1994 
Education 
Flexibility 
Partnership 
Demonstration 
Act. 
(1) relating to— 
(A) maintenance of effort; 
(B) comparability of services; 
(C) the equitable participation of students and profes-
sional staff in private schools; 
(D) parental participation and involvement; and 
(E) the distribution of funds to States or to local edu-
cational agencies; and 
(2) unless the underljdng purposes of the statutory require-
ments of each program or Act for which a waiver is granted 
continue to be met to the satisfaction of the Secretary. 
(d) TERMINATION OF WAIVERS.—The Secretary shall periodically 
review the performance of any State, local educational agency, 
or school for which the Secretary has granted a waiver under 
subsection (a)(1) and shall terminate the waiver if the Secretary 
determines that the performance of the State, the local educational 
agency, or the school in the area affected by the waiver has been 
inadequate to justify a continuation of the waiver. 
(e) FLEXIBILITY DEMONSTRATION.— 
(1) SHORT TITLE.—This subsection may be cited as the 
"Education Flexibility Partnership Demonstration Act". 
(2) PROGRAM AUTHORIZED.— 
(A) IN GENERAL.—^The Secretary may carry out an edu-
cation flexibility demonstration program under which the 
Secretary authorizes not more than 6 State educational 
agencies serving eligible States to waive statutory or regu-
latory requirements applicable to 1 or more programs or 
Acts described in subsection (b), other than requirements 
described in subsection (c), for the State educational agency 
or any local educational agency or school within the State. 
(B) AWARD RULE.—In carrying out subparagraph (A), 
the Secretary shall select for participation in the dem-
onstration program described in subparagraph (A) three 
State educational agencies serving eligible States that each 
have a population of 3,500,000 or greater and three State 
educational agencies serving eligible States that each have 
a population of less than 3,500,000, determined in accord-
ance with the most recent decennial census of the popu-
lation performed by the Bureau of the Census. 
(C) DESIGNATION.—Each eligible State participating in 
the demonstration program described in subparagraph (A) 
shall be known as an "Ed-Flex Partnership State". 
(3) ELIGIBLE STATE.—For the purpose of this subsection 
the term "eligible State" means a State that— 
(A) has developed a State improvement plan under 
section 306 that is approved by the Secretary; and 
(B) waives State statutory or regulatory requirements 
relating to education while holding local educational agen-
cies or schools within the State that are affected by such 
waivers accountable for the performance of the students 
who are affected by such waivers, 
(4) STATE APPLICATION.—(A) Each State educational agency 
desiring to participate in the education flexibility demonstration 
program under this subsection shall submit an application to 
the Secretary at such time, in such manner, and containing 
such information as the Secretary may reasonably require. 
Each such application shall demonstrate that the eligible State 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 177 
has adopted an educational flexibility plan for the State that 
includes— 
(i) a description of the process the State educational 
agency will use to evaluate applications from local edu-
cational agencies or schools requesting waivers of— 
(I) Federal statutory or regulatory requirements 
described in paragraph (2XA); and 
(II) State statutory or regulatory requirements 
relating to education; and 
(ii) a ofetailed description of the State statutory and 
regulatory requirements relating to education that the 
State educational agency will waive. 
(B) The Secretary mav approve an application described 
in subparagraph (A) only if the Secretary determines that such 
application demonstrates substantial promise of assisting the 
State educational agency and affected local educational agencies 
and schools within sucn State in carrying out comprehensive 
educational reform and otherwise meeting the purposes of this 
Act, after considering— 
(i) the comprehensiveness and quality of the edu-
cational flexibility plan described in subparagraph (A); 
(ii) the ability of such plan to ensure accountability 
for the activities and goals described in such plan; 
(iii) the significance of the State statutory or regulatory 
requirements relating to education that will be waived; 
and 
(iv) the quality of the State educational agenc/s proc-
ess for approving applications for waivers of Federal statu-
tory or regulatory requirements described in paragraph 
(2)(A) and for monitoring and evaluating the results of 
such waivers. 
(5) LOCAL APPLICATION.—(A) Each local educational agency 
or school requesting a waiver of a Federal statutory or regu-
latory requirement described in paragraph (2)(A) and any rel-
evant State statutory or regulatory requirement from a State 
educational agency shall submit an application to the State 
educational agency at such time, in such manner, and contain-
ing such information as the State educational agency may 
reasonably require. Each such application shall— 
(i) indicate each Federal program affected and the 
statutory or regulatory requirement that will be waived; 
(ii) describe the purposes and overall expected results 
of waiving each such requirement; 
(iii) describe for each school year specific, measurable, 
educational goals for each local educational agency or school 
affected by the proposed waiver; and 
(iv) explain why the waiver will assist the local edu-
cational agency or school in reaching such goals. 
(B) A State educational agency shall evaluate an applica-
tion submitted under subparagraph (A) in accordance with 
the State's educational flexibility plan described in paragraph 
(4)(A). 
(C) A State educational agency shall not approve an 
application for a waiver under this paragraph unless— 
(i) the local educational agency or school requesting 
such waiver has developed a local reform plan that is 
applicable to such agency or school, respectively; and 
108 STAT. 178 
PUBLIC LAW 103-227—MAR. 31, 1994 
Reports. 
Federal 
Register, 
publication. 
20 use 5892. 
(ii) the waiver of Federal statutory or regulatory 
requirements described in paragraph (2)(A) will assist the 
local educational agency or school in reaching its edu-
cational goals. 
(6) MONITORING.—Each State educational agency partici-
pating in the demonstration program under this subsection 
shall annually monitor the activities of local educational agen-
cies and schools receiving waivers under this subsection and 
shall submit an annual report regarding such monitoring to 
the Secretary. 
(7) DURATION OF FEDERAL WAIVERS.—(A) The 
Secretary 
shall not approve the application of a State educational agency 
under paragraph (4) for a period exceeding 5 years, except 
that the Secretary may extend such period if the Secretary 
determines that such agency's authority to grant waivers has 
been effective in enabling such State or affected local edu-
cational agencies or schools to carry out their local reform 
plans. 
(B) The Secretary shall periodically review the performance 
of any State educational agency granting waivers of Federal 
statutory or regulatory requirements described in paragraph 
(2)(A) and shall terminate such agency's authority to grant 
such waivers if the Secretary determines, after notice and 
opportunity for hearing, that such agency's performance has 
been inadequate to justify continuation of such authority. 
(0 ACCOUNTABILITY.—In deciding whether to extend a request 
for a waiver under subsection (a)(1), or a State educational agencj^s 
authority to issue waivers under subsection (e), the Secretary shall 
review the progress of the State educational agency, local edu-
cational agency, or school affected by such waiver or authority 
to determine if such agency or school has made progress toward 
achieving the desired results described in the application submitted 
pursuant to subsection (aX2)(B)(iii) or (e)(5)(A)(ii). 
(g) PUBLICATION.—^A notice of the Secretar/s decision to grant 
waivers under subsection (aXD and to authorize State educational 
agencies to issue waivers under subsection (e) shall be published 
in the Federal Register and the Secretary shall provide for the 
dissemination of such notice to State educational 
agencies, 
interested parties, including educators, parents, students, advocacy 
and civil rights organizations, other interested parties, and the 
public. 
SEC. 312. PROGRESS REPORTS. 
(a) STATE REPORTS TO THE SECRETARY.—Each State educational 
agency that receives funds under this title shall annually report 
to the Secretary regarding— 
(1) progress in meeting State goals and plans; 
(2) proposed State activities for the succeeding year; and 
(3) in summary form, the progress of local educational 
agencies in meeting local goals and plans and increasing stu-
dent learning. 
(b) SECRETARY'S REPORTS TO CONGRESS.—By April 30, 1996, 
and every 2 years thereafter, the Secretary shall submit a report 
to the Committee on Education and Labor of the House of Rep-
resentatives and the Committee on Labor and Human Resources 
of the Senate describing— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 179 
(1) the activities assisted under, and outcomes of, grants 
or contracts under section 220, including— 
(A) a description of the purpose, uses, and technical 
merit of assessments evaluated with funds awarded under 
such paragraph; and 
(B) an analysis of the impact of such assessments 
on the performance of students, particularly students of 
different racial, gender, ethnic, or language groups and 
individuals with disabilities; 
(2) the activities assisted under, and outcomes of, allot-
ments under this title; and 
(3) the effect of waivers granted under section 311, 
including— 
(A) a listing of all State educational agencies, local 
educational agencies and schools seeking and receiving 
waivers; 
(B) a summary of the State and Federal statutory 
or regulatory requirements that have been waived, includ-
ing the number of waivers sought and granted under each 
such statutory or regulatory requirement; 
(C) a summary of waivers that have been terminated, 
including a rationale for the terminations; and 
(D) recommendations 
to the 
Congress 
regarding 
changes in statutory or regulatory requirements, particu-
larly those actions that should be taken to overcome Fed-
eral statutory or regulatory impediments to education 
reform. 
SEC. 313. TECHNICAL AND OTHER ASSISTANCE REGARDING SCHOOL 
20 USC 5893. 
FINANCE EQUITY. 
(a) TECHNICAL ASSISTANCE.— 
(1) IN GENERAL.—From funds reserved in each fiscal year 
under section 304(a)(2)(A), the Secretary is authorized to make 
grants to, and enter into contracts and cooperative agreements 
with, State educational agencies and other public and private 
agencies, institutions, and organizations to provide technical 
assistance to State and local educational agencies to assist 
such agencies in achieving a greater degree of equity in the 
distribution of financial resources for education among local 
educational agencies in the State. 
(2) ACTIVITIES.—^A grant, contract or cooperative agreement 
under this section may support technical assistance activities, 
such as— 
(A) the establishment and operation of a center or 
centers for the provision of technical assistance to State 
and local educational agencies; 
(B) the convening of conferences on equalization 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) DATA.—Each State educational agency or local educational 
agency receiving assistance under the Elementary and Secondary 
Education Act of 1965 shall provide such data and information 
on school finance as the Secretary may require to carry out this 
section. 
108 STAT. 180 
PUBLIC LAW 103-227—MAR. 31, 1994 
(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 the school finance systems of such 
States. 
20 use 5894. 
SEC. 314. NATIONAL LEADERSHIP. 
(a) TECHNICAL ASSISTANCE AND INTEGRATION OF STANDARDS.— 
From funds reserved in each fiscal year under section 304(a)(2)(A), 
the Secretary may, directly or through grants or contracts— 
(1) provide technical assistance to States, local educational 
agencies, and tribal agencies developing or implementing school 
improvement plans, in a manner that ensures that such assist-
ance is broadly available; 
(2) gather data on, conduct research on, and evaluate sys-
temic education improvement and how such improvement 
affects student learning, including the programs assisted under 
this title; 
(3) disseminate research findings and other information 
on outstanding examples of systemic education improvement 
in States and local communities through existing dissemination 
systems within the Department of Education, including through 
publications, electronic and telecommunications mediums, con-
ferences, and other means; 
(4) provide grants to tribal divisions of education for 
coordination efforts between school reform plans developed for 
schools funded by the Bureau and public schools described 
in section 306(g)(2), including tribal activities in support of 
such plans; 
(5) support national demonstration projects that unite local 
and State educational agencies, institutions of higher education, 
government, business, and labor in collaborative arrangements 
in order to make educational improvements systemwide; and 
(6) support model projects to integrate multiple content 
standards, if— 
(A) such standards are certified by the National Edu-
cation Standards and Improvement Council and approved 
by the National Goals Panel for different subject areas, 
in order to provide balanced and coherent instructional 
programs for all students; and 
(B) such projects are appropriate for a wide range 
of diverse circumstances, localities (including both urban 
and rural communities), and populations. 
(b) RESERVATION OF FUNDS.— 
Urban and rural 
(1) IN GENERAL.—^The Secretary shall use at least 50 per-
EHs^dv nta d 
^^^^ 
^^® funds reserved each year under section 304(a)(2)(A) 
isa van age 
^ make grants, in accordance with the provisions of section 
309(a) that the Secretary determines appropriate, and provide 
technical and other assistance to urban and rural local edu-
cational agencies with large numbers or concentrations of stu-
dents who are economically disadvantaged or who have limited 
English proficiency, to assist such agencies in developing and 
implementing local school improvement plans, except that any 
school that received funds under section 309(a) shall not receive 
assistance pursuant to this paragraph other than technical 
assistance. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 181 
(2) SURVEY,—^The Secretary shall use not less than 
$1,000,000 of the funds reserved for fiscal year 1994 under 
section 304(a)(2)(A) to replicate coordinated services programs 
that have been found to be successful in helping students 
and families and improving student outcomes, and shall 
disseminate information about such programs to schools that 
plan to develop coordinated services programs. 
(c) ADMINISTRATION.—^Any activities assisted under this section 
that involve research shall be administered through the Office 
of Educational Research and Improvement. 
SEC. 315. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SEC- 20 USC 5895. 
RETARY OF THE INTERIOR. 
(a) OUTLYING AREAS.— 
(1) IN GENERAL.—Funds reserved for outlying areas under 
section 304(a)(1)(A) shall be distributed among such areas by 
the Secretary according to relative need of such areas. 
(2) INAPPLICABILITY OF PUBLIC LAW 95-134.—The provisions 
of Public Law 95-134, permitting the consolidation of grants 
to the insular areas, shall not apply to funds received by 
such areas under this title. 
(b) SECRETARY OF THE INTERIOR.— 
(1) IN GENERAL.—^The funds reserved for the Secretary 
of the Interior under section 304(a)(1)(B) shall be made in 
a payment which shall be pursuant to an agreement between 
the Secretary and the Secretary of the Interior containing such 
assurances and terms as the Secretary determines shall best 
achieve the provisions of this section and this Act The agree-
ment shall, at a minimum, contain assurances that— 
(A) a panel, as set forth in paragraph (4) of this sub-
section, shall be established; 
(B) a reform and improvement plan, designed to 
increase student learning and assist students in meeting 
the National Education Goals, meeting the requirements 
pertaining to State improvement plans required in section 
306 and providing for the fundamental restructuring and 
improvement of elementary and secondary education in 
schools funded by the Bureau, shall be developed by such 
panel; and 
(C) the provisions and activities required under such 
State improvement plans, including the requirements for 
timetables for opportunity-to-learn standards, shall be car-
ried out in the same time frames and under the same 
conditions stipulated for the States in sections 305 and 
306, provided that for these purposes, the term "local edu-
cational agencies" shall be interpreted to mean "schools 
funded by the Bureau". 
(2) VOLUNTARY SUBMISSION.—The provisions applicable to 
the States in section 213 of this Act shall apply to the Bureau 
plan with regard to voluntary submission of standards and 
assessments to the National Education Standards and Improve-
ment Council for review and certification. 
(3) PLAN SPECIFICS.—The reform and improvement plan 
shall include, in addition to the requirements described above, 
specific provisions for— 
(A) opportunity to learn standards pertaining to resi-
dential programs and transportation costs associated with 
108 STAT. 182 
PUBLIC LAW 103-227—MAR. 31, 1994 
programs located on or near reservations or serving stu-
dents in off-reservation residential boarding schools; 
(B) review and incorporation of the National Education 
Goals and the voluntary national content standards, vol-
untary natural student performance standards, and vol-
untary natural opportunity-to-leam standards developed 
under part B of title II of this Act, provided that such 
review shall include the issues of cultural and language 
differences; and 
(C) provision for coordination of the efforts of the 
Bureau with the efforts for school improvement of the 
States and local educational agencies in which the schools 
funded by the Bureau are located, including the develop-
ment of the partnerships outlined in section 306(g)(2) of 
the Act. 
Establishment. 
(4) PANEL.—(A) To carry out the provisions of this section, 
and to develop the plan for system-wide reform and improve-
ment required under the agreement required under paragraph 
(1), the Secretary of the Interior shall establish a panel coordi-
nated by the Assistant Secretary of the Interior for Indian 
Affairs. Such panel shall consist of— 
(i) the Director of the Office of Indian Education Pro-
grams of the Bureau and two heads of other divisions 
of such Bureau as the Assistant Secretary shall designate; 
(ii) a designee of the Secretary of Education; and 
(iii) a representative nominated by each of the follow-
ing: 
(I) The organization representing the majority of 
teachers and professional personnel in schools operated 
by the Bureau. 
(II) The organization representing the majority of 
nonteaching personnel in schools operated by the 
Bureau, if not the same organization as in subclause 
(I). 
(III) School administrators of schools operated by 
the Bureau. 
(IV) Education line officers located in Bureau area 
or agency offices serving schools funded by the Bureau. 
(V) The organization representing the majority of 
contract or grant schools funded by the Bureau not 
serving students on the Navajo reservation. 
(VI) The organization representing the majority 
of contract or grant schools funded by the Bureau 
serving students on the Navajo reservation. 
(VII) The organization representing the school 
boards required by statute for schools operated by the 
Bureau not serving students on the Navajo reservation. 
(VIII) The organization representing the school 
boards required by statute for schools funded by the 
Bureau serving students on the Navajo reservation. 
(B) Including the additional members required by para-
graph (5), a majority of the members of such panel shall be 
from the entities designated under subparagraph (A)(iii). 
(5) ADDITIONAL MEMBERS.—In addition, the members of 
the panel described in paragraph (4) shall designate for full 
membership on the panel four additional members— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 183 
(A) one of whom shall be a representative of a national 
organization which represents primarily national Indian 
education concerns; and 
(B) three of whom shall be chairpersons (or their des-
ignees) of Indian tribes with schools funded by the Bureau 
on their reservations (other than those specifically rep-
resented by org£inizations referred to in paragraph (4)), 
provided that preference for no less than two of these 
members shall be given to Indian tribes with a significant 
number of schools fimded by the Bureau on their reserva-
tions, or with a significant percentage of their children 
enrolled in schools fimded by the Bureau. 
(c) BIA COST ANALYSIS.— 
(1) IN GENERAL.—(A) The Secretary of the Interior shall 
reserve from the fxmds received pursuant to section 304(a)(1)(B) 
in the first fiscal year that the Secretary of the Interior receives 
such funds an amount not to exceed $500,000 to provide, 
through the National Academy of Sciences or the National 
Academy of Education, for an analysis of the costs associated 
with meeting the academic and home-living/residential stand-
ards of the Bureau for each school funded by the Bureau. 
The purpose of such analysis shall be to provide the Bureau 
and the panel described in paragraph (4) with baseline data 
regarding the current state of operations funded by the Bureau 
and to provide a framework for addressing the implementation 
of opportimity-to-leam standards. 
(B) The results of such analysis shall be reported, in aggre- Reports. 
gate and school specific form, to the chairpersons and ranWng 
minority members of the Committees on Education and Labor 
and Appropriations of the House of Representatives and the 
Select Committee on Indian Affairs and the Committee on 
Appropriations of the Senate, and to the Secretary of the 
Interior, the Secretary of Education (who shall transmit the 
report to the appropriate entities under this Act), and the 
Assistant Secretary of the Interior for Indian Affairs, not later 
than 6 months after the date of enactment of this Act. 
(2) CONTENT.—Such analysis shall evaluate the costs of 
providing a program in each school operated or supported by 
the Bureau for the next succeeding academic year and shall 
be based on— 
(A) the standards either published in the Federal Reg-
ister as having effect in schools operated by the Bureau 
on the date of enactment of this Act or the standards 
incorporated into each grant or contract in effect on such 
date with a tribally controlled school funded under section 
1128 of Public Law 95-561 (as amended); 
(B) the best projections of student counts and demo-
graphics, as provided by the Bureau and as independently 
reviewed by the National Academy of Sciences or the 
National Academy of Education; and 
(C) the pay and benefit schedules and other personnel 
requirements for each school operated by the Bureau, as 
such pay and benefit schedules and requirements existed 
on the date of enactment of this Act. 
(d) SECRETARY OF DEFENSE.—^The Secretary shall consult with 
the Secretary of Defense to ensure that, to the extent practicable. 
108 STAT. 184 
PUBLIC LAW 103-227—MAR. 31, 1994 
the purposes of this title are appUed to the Department of Defense 
schools. 
20 use 5896. 
SEC. 316. CLARIFICATION 
REGARDING 
STATE 
STANDARDS AND 
ASSESSMENTS. 
Notwithstanding any other provision of this title, standards 
or State assessments described in a State improvement plan submit-
ted in accordance with section 306 shall not be required to be 
certified by the Council. 
20 use 5897. 
SEC. 317. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT 
THROUGH INTEGRATION OF TECHNOLOGY 
INTO THE 
CURRICULUM. 
(a) PURPOSE.—It is the purpose of this section to assist each 
State to plan effectively for improved student learning in all schools 
through the use of technology as an integral part of the State 
improvement plan described in section 306. 
(b) PROGRAM AUTHORIZED.— 
Grants. 
(1) AUTHORITY.—^The Secretary shall award grants in 
accordance with allocations under paragraph (2) to each State 
educational agency that, as part of its application under section 
305, requests a grant to develop (or continue the development 
of), and submits as part of the State improvement plan 
described in section 306, a systemic statewide plan to increase 
the use of state-of-the-art technologies that enhance elementary 
and secondary student learning and staff development in sup-
port of the National Education Goals and State content stand-
ards and State student performance standards. 
(2) FORMULA.—^From the amount appropriated pursuant 
to the authority of subsection (f) in each fiscal year, each 
State educational agency with an application approved under 
section 305 shall receive a grant under paragraph (1) in such 
year in an amount determined on the same basis as allotments 
are made to State educational agencies under subsections (b) 
and (c) of section 304 for such year, except that each such 
State shall receive at least $75,000. 
(c) PLAN OBJECTIVES.—Each State educational agency shall 
use funds received under this section to develop and, if the Secretary 
has approved the systemic statewide plan, to implement such plan. 
Such plan shall have as its objectives— 
(1) the promotion of higher student achievement through 
the use of technology in education; 
(2) the participation of all schools and school districts in 
the State, especially those schools and districts with a high 
percentage or number of disadvantaged students; 
(3) the development and implementation of a cost-efFective, 
high-speed, statewide, interoperable, wide-area-communication 
educational technology support system for elementary and 
secondary schools within the State, particularly for such schools 
in rural areas; and 
(4) the promotion of shared usage of equipment, facilities, 
and other technology resources by adult learners during after-
school hours. 
(d) PLAN REQUIREMENTS.—^At a minimum, each systemic state-
wide plan shall— 
(1) be developed by a task force that— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 185 
(A) includes among its members experts in the edu-
cational use of technology and representatives of the State 
panel described in section 306(b); and 
(B) ensures that such plan is integrated into the State 
improvement plan described in section 306; 
(2) be developed in collaboration with the Governor, rep-
resentatives of the State legislature, the State board of 
education, institutions of higher education, appropriate State 
agencies, local educational agencies, public and private tele-
communication entities, parents, public and school libraries, 
students, adult literacy providers, and leaders in the field of 
technology, through a process of statewide grassroots outreach 
to local educational agencies and schools in the State; 
(3) identify and describe the requirements for introducing 
state-of-the-art technologies into the classroom and school 
library in order to enhance educational curricula, including 
the installation and ongoing maintenance of basic connections, 
hardware and the necessary support materials; 
(4) describe how the application of advanced technologies 
in the schools will enhance student learning, provide greater 
access to individualized instruction, promote the standards and 
strategies described in section 306(d), and help make progress 
toward the achievement of the National Education Goals; 
(5) describe how the ongoing training of educational person-
nel will be provided; 
(6) describe the resources necessary, and procedures, for 
providing ongoing technical assistance to carry out such plan; 
(7) provide for the dissemination on a statewide basis of 
exemplary programs and practices relating to the use of tech-
nology in education; 
(8) establish a funding estimate (including a statement 
of likely funding sources) and a schedule for the development 
and implementation of such plan; 
(9) describe how the State educational agency will assess 
the impact of implementing such plan on student achievement 
and aggregate achievement for schools; 
(10) describe how the State educational agency and local 
educational agencies in the State will coordinate and cooperate 
with business and industry, and with public and private tele-
communications entities; 
(11) describe how the State educational agency will promote 
the purchase of equipment by local educational agencies that, 
when placed in schools, will meet the highest possible level 
of interoperability and open system design; 
(12) describe how the State educational agency will consider 
using existing telecommunications infrastructure and tech-
nology resources; 
(13) describe how the State educational agency will apply 
the uses of technology to meet the needs of children from 
low-income families; 
(14) describe the process through which such plan will 
be reviewed and updated periodically; and 
(15) describe now the State educational agency will facili-
tate collaboration between State literacy resource centers, local 
educational agencies, and adult and family literacy providers, 
to ensure that technology can be used by adult and family 
literacy providers during after school hours. 
108 STAT. 186 
PUBLIC LAW 103-227—MAR. 31, 1994 
(e) REPORTS.—Each State educational agency receiving a grant 
under this section shall submit a report to the Secretary within 
1 year of the date such agency submits to the Secretary its systemic 
statewide plan under this section. Such report shall— 
(1) describe the State's progress toward implementation 
of the provisions of such plan; 
(2) describe any revisions to the State's long-range plans 
for technology; 
(3) describe the extent to which resources provided pursu-
ant to such plan are distributed among schools to promote 
the standards and strategies described in section 306(d); and 
(4) include any other information the Secretary deems 
appropriate. 
(t) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $5,000,000 for fiscal year 1994 to carry out 
this section. 
20 use 5898. 
SEC. 318. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND 
CONTROL. 
Nothing in this Act shall be construed to authorize an officer 
or employee of the Federal Government to mandate, direct, or 
control a State, local educational agency, or school's curriculum, 
program of instruction, or allocation of State or local resources 
or mandate a State or any subdivision thereof to spend any funds 
or incur any costs not paid for under this Act. 
20 use 5899. 
SEC. 319. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION. 
(a) FINDINGS.—The Congress finds as follows: 
(1) Congress is interested in promoting State and local 
government reform efforts in education. 
(2) In Public Law 96-88 the Congress found that education 
is fundamental to the development of individual citizens and 
the progress of the Nation. 
(3) In Public Law 96-88 the Congress found that in our 
Federal svstem the responsibility for education is reserved 
respectively to the States and the local school systems and 
other instrumentalities of the States. 
(4) In Public Law 96-88 the Congress declared the purpose 
of the Department of Education was to supplement and com-
plement the efforts of States, the local school systems, and 
other instrumentalities of the States, the private sector, public 
and private educational institutions, public and private non-
profit educational research institutions, community based 
organizations, parents and schools to improve the quality of 
education. 
(5) With the establishment of the Department of Education, 
Congress intended to protect the rights of State and local 
governments and public and private educational institutions 
in the areas of educational policies and administration of pro-
grams and to strengthen and improve the control of such 
governments and institutions over their own educational pro-
grams and policies. 
(6) Public Law 96-88 specified that the establishment of 
the Department of Education shall not increase the authority 
of the Federal Government over education or diminish the 
responsibility for education which is reserved to the States 
and local school systems and other instrumentalities of the 
States. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 187 
(7) Public Law 96-88 specified that no provision of a pro-
gram administered by the Secretary or by any other officer 
of the Department of Health, Education, and Welfare shall 
be construed to authorize the Secretary or any such officer 
to exercise any direction, supervision, or control over the 
curriculum, program of instruction, administration, or person-
nel of any educational institution, school, or school system, 
over any accrediting agency or association or over the selection 
or content of library resources, textbooks, or other instructional 
materials by any educational institution or school system, 
(b) REAFFIRMATION.—The Congress agrees and reaffirms that 
the responsibility for control of education is reserved to the States 
and local school systems and other instrumentalities of the States 
and that no action shall be taken under the provisions of this 
Act by the Federal Government which would, directly or indirectly, 
impose standards or requirements of any kind through the 
promulgation of rules, regulations, provision of financial assistance 
and otherwise, which would reduce, modify, or undercut State and 
local responsibility for control of education. 
TITLE IV—PARENTAL ASSISTANCE 
SEC. 401. PARENTAL INFORMATION AND RESOURCE CENTERS. 
20 USC 5911. 
(a) PURPOSE.—^The purpose of this title is— 
(1) to increase parents' knowledge of and confidence in 
child-rearing activities, such as teaching and nurturing their 
young children; 
(2) to strengthen partnerships between parents and profes-
sionals in meeting the educational needs of children aged birth 
through 5 and the working relationship between home and 
school; 
(3) to enhance the developmental progress of children 
assisted under this title; and 
(4) to fund at least 1 parental information and resource 
center in each State before September 30,1998. 
(b) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—The Secretary is authorized to award 
grants in each fiscal year to nonprofit organizations, and non-
profit organizations in consortia with local educational agencies, 
to establish parental information and resource centers that 
provide training, information, and support to— 
(A) parents of children aged birth through 5 years; 
(B) parents of children enrolled in elementary and 
secondary schools; and 
(C) individuals who work with the parents described 
in subparagraphs (A) and (B). 
(2) AWARD RULE.—In awarding grants under this title, 
the Secretary shall ensure that such grants are distributed, 
to the greatest extent possible, to all geographic regions of 
the United States. 
SEC. 402. APPLICATIONS. 
20 USC 5912. 
(a) GRANTS APPLICATIONS.— 
(1) IN GENERAL.—Each nonprofit organization and nonprofit 
organization in consortium with a local educational agency 
which desires a grant under this title shall submit an applica-
108 STAT. 188 
PUBLIC LAW 103-227—MAR. 31, 1994 
tion to the Secretary at such time and in such manner as 
the Secretary shall determine. 
(2) CONTENTS.—Each application submitted under para-
graph (1) shall, at a minimum, include assurances that a 
grantee will— 
(A)(i) be governed by a board of directors the member-
ship of which includes parents; or 
(ii) be an organization that represents the interests 
of parents; 
(B) establish a special advisory committee the member-
ship of which— 
(i) includes— 
(I) parents described in subparagraphs (A) and 
(B) of section 401(b)(1); and 
(II) representatives of education professionals 
with expertise in improving services for disadvan-
taged children; and 
(ii) is broadly representative of minority, low-
income, and other individuals and groups that have 
an interest in compensatory education and family lit-
eracy; 
(C) use at least one-half of the funds provided under 
this Act in each fiscal year to serve areas with high con-
centrations of low-income families in order to serve parents 
who are severely educationally or economically disadvan-
taged; 
(D) operate a center of sufficient size, scope, and quality 
to ensure that the center is adequate to serve the parents 
in the area; 
(E) serve both urban and rural areas; 
(F) design a center that meets the unique training, 
information, and support needs of parents described in 
subparagraphs (A) and (B) of section 401(b)(1), particularly 
parents who are educationally or economically disadvan-
taged; 
(G) demonstrate the capacity and expertise to conduct 
the effective training information and support activities 
for which assistance is sought; 
(H) network with— 
(i) clearinghouses; 
(ii) parent centers for the parents of infants, tod-
dlers, children, and youth with disabilities served 
under section 631(e) of the Individuals with Disabilities 
Education Act; 
(iii) other organizations and agencies; 
(iv) established national. State, and local parent 
f
roups representing the full range of parents of chil-
ren, agea birth through 5 years; and 
(v) parents of children enrolled in elementary and 
secondary schools; 
(I) focus on serving parents described in subparagraphs 
(A) and (B) of section 401(b) who are parents of low-income, 
minority, and limited-English proficient, children; and 
(J) use part of the funds received under this title 
to establish, expand, or operate Parents as Teachers pro-
grams or Home Instruction for Preschool Youngsters pro-
grams. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 189 
(b) GRANT RENEWAL.—In each fiscal year after the first fiscal 
year a grantee receives assistance under this title, the grantee 
shall demonstrate in the application submitted for each fiscal year 
after such first year that a portion of the services provided by 
such grantee is supported through non-Federal contributions, which 
contributions may oe in cash or in kind. 
SEC. 403. USES OF FUNDS. 
20 USC 5913. 
Grant funds received under this title may be used— 
(1) for parent training, information, and support programs 
that assist parents to— 
(A) better understand their children's educational 
needs; 
(B) provide followup support for their children's edu-
cational achievement; 
(C) communicate more effectively with teachers, coun-
selors, administrators, and other professional educators and 
support staff; 
(D) participate in the design and provision of assistance 
to students who are not making adequate educational 
progress; 
(E) obtain information about the range of options, pro-
grams, services, and resources available at the national. 
State, and local levels to assist parents described in sub-
paragraphs (A) and (B) of section 401(b); 
(F) seek technical assistance regarding compliance with 
the requirements of this title and of other Federal programs 
relevant to achieving the National Education Goals; 
(G) participate in State and local decisionmaking; 
(H) train other parents; and 
(I) plan, implement, and fund activities that coordinate 
the education of their children with other Federal programs 
that serve their children or their families; and 
(2) to include State or local educational personnel where 
such participation will further the activities assisted under 
the grant. 
SEC. 404. TECHNICAL ASSISTANCE. 
20 USC 5914. 
The Secretary shall provide technical assistance, by grant or 
contract, for the establishment, development, and coordination of 
parent training, information and support programs and parental 
information and resource centers. 
SEC. 405. DEFINITIONS. 
20 USC 5915. 
For purposes of this title— 
(1) the term "parent education" includes parent support 
activities, the provision of resource materials on child develop-
ment, parent-cnild learning activities and child rearing issues, 
f
)rivate and group educational guidance, individual and group 
earning experiences for the parent and child, and other activi-
ties that enable the parent to improve learning in the home; 
(2) the term "Parents as Teachers program" means a vol-
untary early childhood parent education program that— 
(A) is designed to provide all parents of children from 
birth through age 5 with the information and support such 
parents need to give their child a solid foundation for 
school success; 
/ 
108 STAT. 190 
PUBLIC LAW 103-227—MAR. 31, 1994 
(B) is based on the Missouri Parents as Teachers model 
with the philosophy that parents are their child's first 
and most infiuential teachers; 
(C) provides— 
(i) regularly scheduled personal visits with families 
by certified parent educators; 
(ii) regularly scheduled developmental screenings; 
and 
(iii) linkage with other resources within 
the 
community in order to provide services that parents 
may want and need, except that such services are 
beyond the scope of the Parents as Teachers program; 
(3) the term "Home Instruction for Preschool Youngsters 
J 
program" means a voluntary early-learning program for parents 
with one or more children between the ages of 3 through 
5, that— 
(A) provides support, training, and appropriate edu-
cational materials necessary for parents to implement a 
school-readiness, home instruction program for tneir child; 
and 
(B) includes— 
(i) group meetings with other parents participating 
in the program; 
(ii) individual and group learning experiences with 
the parent and child; 
(iii) provision of resource materials on child devel-
opment and parent-child learning activities; and 
(iv) other activities that enable the parent to 
improve learning in the home. 
20 u s e 5916. 
SEC. 406. REPORTS. 
Each organization receiving a grant under this title shall sub-
mit to the Secretary, on an annual basis, information concerning 
the parental information and resource centers assisted under this 
title, including— 
(1) the number of parents, including the number of minority 
and limited-English-proficient parents, who receive information 
and training; 
(2) the types and modes of training, information, and sup-
port provided under this title; 
(3) the number of Parents as Teachers programs and Home 
Instruction for Preschool Youngsters programs which have been 
assisted under this title; and 
(4) the strategies used to reach and serve parents of minor-
ity and limited-English-proficient children, parents with limited 
literacy skills, and other parents in need of the services pro-
vided under this title. 
20 u s e 5917. 
SEC. 407. GENERAL PROVISION. 
Notwithstanding any other provision of this title— 
(1) no person, including a parent who educates a child 
at home, public school parent, or private school parent, shall 
be required to participate in any program of parent education 
or developmental screening pursuant to the provisions of this 
title; 
(2) no program assisted under this title shall take any 
action that infringes in any manner on the right of a parent 
to direct the education of their children; and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 191 
(3) the provisions of section 438(c) of the General Education 
Provision Act shall apply to organizations awarded grants 
under this title. 
SEC. 408. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 5918. 
There are authorized to be appropriated such sums as may 
be necessary for each of the fiscal years 1995 through 1998 to 
carry out this title. 
TITLE V—NATIONAL SKILL STANDARDS g^XiSof 
BOARD 
1
9
9
3 
SEC. 501. SHORT TITLE. 
20 USC 5931. 
This title may be cited as the "National Skill Standards Act 
of 1994". 
SEC. 502. PURPOSE. 
20 USC 5932. 
It is the purpose of this title to establish a National Skill 
Standards Board to serve as a catalyst in stimulating the develop-
ment and adoption of a voluntary national system of skill standards 
and of assessment 
and certification 
of attainment 
of skill 
standards— 
(1) that will serve as a cornerstone of the national strategy 
to enhance workforce skills; 
(2) that will result in increased productivity, economic 
growth, and American economic competitiveness; and 
(3) that can be used, consistent with civil rights laws— 
(A) by the Nation, to ensure the development of a 
high skills, high qualitv, high performance workforce, 
including the most skillea frontline workforce in the world; 
(B) by industries, as a vehicle for informing training 
providers and prospective employees of skills necessary 
for employment; 
(C) by employers, to assist in evaluating the skill levels 
of prospective employees and to assist in the training of 
current employees; 
(D) by labor organizations, to enhance the employment 
security of workers by providing portable credentials and 
skills; 
(E) by workers, to— 
(i) obtain certifications of their skills to protect 
against dislocation; 
\ 
(ii) pursue career advancement; and 
(iii) enhance their ability to reenter the workforce; 
(F) by students and entry level workers, to determine 
the skill levels and competencies needed to be obtained 
in order to compete effectively for high wage jobs; 
(G) by training providers and educators, to determine 
appropriate training services to offer; 
(H) by government, to evaluate whether publicly 
funded training assists participants to meet skill standards 
where such standards exist and thereby protect the integ-
rity of public expenditures; 
(I) to facilitate the transition to high performance work 
organizations; 
108 STAT. 192 
PUBLIC LAW 103-227—MAR. 31, 1994 
(J) to increase opportunities for minorities and women, 
including removing barriers to the entry of women into 
nontraditional employment; and 
(K) to facilitate linkages between other components 
of the national strategy to enhance workforce skills, includ-
ing school-to-work transition, secondary and postsecondary 
vocational-technical education, and job training programs. 
20 use 5933. 
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD. 
(a) IN GENERAL.—There is established a National Skill Stand-
ards Board (hereafter in this title referred to as the "National 
Board"). 
(b) COMPOSITION.— 
(1) IN GENERAL.—The National Board shall be composed 
of 28 members (appointed in accordance with paragraph (3)), 
of whom— 
(A) one member shall be the Secretary of Labor; 
(B) one member shall be the Secretary of Education; 
(C) one member shall be the Secretary of Commerce; 
(D) one member shall be the Chairperson of the 
National Education Standards ar\d Improvement Council 
established pursuant to section 212(a); 
(E) eight members shall be representatives of business 
(including representatives of small employers and rep-
resentatives of large employers) selected from among 
individuals recommended by recognized national business 
organizations or trade associations; 
(F) eight members shall be representatives of organized 
labor selected from among individuals recommended by 
recognized national labor federations; and 
(G)(i) 2 members shall be neutral, qualified human 
resource professionals; and 
(ii) 6 members shall be representatives from the follow-
ing groups, with at least 1 member from each group: 
(I) Educational institutions (including vocational-
technical institutions). 
(II) Community-based organizations. 
(III) State and local governments. 
(IV) Nongovernmental organizations with a dem-
onstrated history of successfully protecting the rights 
of racial, ethnic, or religious minorities, women, 
individuals with disabilities, or older persons. 
(2) DIVERSITY REQUIREMENTS.—The members described in 
subparagraph (G) of paragraph (1) shall have expertise in the 
area of education and training. The members described in sub-
paragraphs (E), (F), and (G) of paragraph (1) shall— 
(A) in the aggregate, represent a broad cross-section 
of occupations and industries; and 
(B) to the extent feasible, be geographically representa-
tive of the United States and reflect the racial, ethnic, 
and gender diversity of the United States. 
(3) APPOINTMENT.—The membership of the National Board 
shall be appointed as follows: 
President. 
(A) Twelve members (four from each class of members 
described in subparagraphs (E), (F), and (G) of paragraph 
(1)) shall be appointed by the President. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 193 
(B) Six members (two from each class of members 
described in subparagraphs (E), (F), and (G) of paragraph 
(1)) shall be appointed by the Speaker of the House of 
Representatives, of whom three members (one from each 
class of members described in subparagraphs (E), (F), and 
(G) of paragraph (1)) shall be selected from recommenda-
tions made by the Majority Leader of the House of Rep-
resentatives and three members (one from each class of 
members described in subparagraphs (E), (F), and (G) of 
paragraph (1)) shall be selected from recommendations 
made by the Minority Leader of the House of Representa-
tives. 
(C) Six members (two from each class of members 
described in subparagraphs (E), (F), and (G) of paragraph 
(1)) shall be appointed by the President pro tempore of 
the Senate, of whom three members (one from each class 
of members described in subparagraphs (E), (F), and (G) 
of paragraph (1)) shall be selected from recommendations 
made by the Majority Leader of the Senate and three 
members (one from each class of members described in 
subparagraphs (E), (F), and (G) of paragraph (1)) shall 
be selected from recommendations made by the Minority 
Leader of the Senate. 
(4) Ex OFFICIO NONVOTING MEMBERS.—The members of the 
National Board specified in subparagraphs (A), (B), (C), and 
(D) of paragraph (1) shall be ex officio, nonvoting members 
of the National Board. 
(5) TERM.—Each member of the National Board appointed 
luider subparagraph (E), (F), or (G) of paragraph (1) shall 
be appointed for a term of 4 years, except that of the initial 
members of the Board appointed under such subparagraphs— 
(A) twelve members shall be appointed for a term 
of 3 years (four from each class of members described 
in subparagraphs (E), (F), and (G) of paragraph (1)), of 
whom— 
(i) two from each such class shall be appointed 
in accordance with paragraph (3)(A); 
(ii) one from each such class shall be appointed 
in accordance with paragraph (3)(B); and 
(iii) one from each such class shall be appointed 
in accordance with paragraph (3)(C); and 
(B) twelve members shall be appointed for a term 
of 4 years (four from each class of members described 
in subparagraphs (E), (F), and (G) of paragraph (1)), of 
whom— 
(i) two from each such class shall be appointed 
in accordance with paragraph (3)(A); 
(ii) one from each such class shall be appointed 
in accordance with paragraph (3)(B); and 
(iii) one from each such class shall be appointed 
in accordance with paragraph (3)(C). 
(6) VACANCIES.—^Any vacancy in the National Board shall 
not affect its powers, but shall be filled in the same manner 
as the original appointment. 
(c) CHAIRPERSON AND VICE CHAIRPERSONS.— 
(1) CHAIRPERSON.— 
X 
108 STAT. 194 
PUBLIC LAW 103-227—MAR. 31, 1994 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the National Board, by majority vote, shall elect a 
Chairperson once every 2 years from among the members 
of the National Board. 
(B) INITIAL CHAIRPERSON.—The first Chairperson of 
the National Board shall be elected, by a majority vote 
of the National Board, from among the members who are 
representatives of business (as described in subparagraph 
(E) of subsection (b)(1)) and shall serve for a term of 2 
years. 
(2) VICE CHAIRPERSONS.—The National Board, by majority 
vote, shall annually elect 3 Vice Chairpersons (each represent-
ing a different class of the classes of members described in 
subparagraphs (E), (F), and (G) of subsection (b)(1) and each 
of whom shall serve for a term of 1 year) from among its 
members appointed under subsection (b)(3). 
(d) COMPENSATION AND EXPENSES.— 
(1) COMPENSATION.—All Members of the National Board 
who are not full-time employees or officers of the Federal 
Government shall serve without compensation. All members 
of the National Board who are officers or employees of the 
United States shall serve without compensation in addition 
to that received for their services as officers or employees 
of the United States. 
(2) EXPENSES.—The members of the National Board shall 
be allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for employees of agencies under sub-
chapter I of chapter 57, title 5, United States Code, while 
away from their homes or regular places of business in the 
performance of services for the National Board. 
(e) EXECUTIVE DIRECTOR AND STAFF.— 
(1) EXECUTIVE DIRECTOR.—The Chairperson of the National 
Board shall appoint an Executive Director who shall be com-
pensated at a rate determined by the National Board, not 
to exceed the rate payable for level V of the Executive Schedule 
under section 5316 of title 5, United States Code. 
(2) STAFF.— 
(A) IN GENERAL.—^The Executive Director may appoint 
and compensate such additional staff as may be necessary 
to enable the Board to perform its duties. Such staff shall 
include at least one individual with expertise in measure-
ment and assessment. 
(B) COMPENSATION.—The Executive Director may fix 
the compensation of the staff without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 of 
title 5, United States Code, relating to classification of 
positions and General Schedule pay rates, except that the 
rate of pay for the staff may not exceed the rate payable 
for level V of the Executive Schedule under section 5316 
of such title. 
(f) VOLUNTARY AND UNCOMPENSATED SERVICES.—Notwithstand-
ing section 1342 of title 31, United States Code, the National 
Board is authorized, in carrying out this title, to accept voluntary 
and uncompensated services. 
(g) AGENCY SUPPORT.— 
(1) USE OF FACILITIES.—^The National Board may use the 
research, equipment, services, and facilities of any agency or 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 195 
instrumentality of the United States with the consent of such 
agency or instrumentaUty. 
(2) STAFF OF FEDERAL AGENCIES.—^Upon the request of the 
National Board, the head of any Federal agency of the United 
States may detail to the National Board, on a reimbursable 
basis, any of the personnel of such Federal agency to assist 
the National Board in canying out this title. Such detail shall 
be without interruption or loss of civil service status or privi-
lege. 
(h) CONFLICT OF INTEREST.—^An individual who has served as 
a member of the National Board may not have any financial interest 
in an assessment and certification system developed or endorsed 
under this title for a period of 3 years after the termination of 
service of such individual from the National Board. 
(i) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERV-
ICES.—^The Chairperson of the National Board may procure tem-
porary and intermittent services of experts and consultants under 
section 3109(b) of title 5, United States Code. 
(j) TERMINATION.—The National Board shall terminate on 
September 30,1999. 
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD. 
20 USC 5934. 
(a) IDENTIFICATION OF OCCUPATIONAL CLUSTERS.— 
(1) IN GENERAL.—Subject to paragraph (2), the National 
Board shall identify broad clusters of major occupations that 
involve 1 or more than 1 industry in the United States and 
that share characteristics that are appropriate for the develop-
ment of common skill standards. 
(2) PROCEDURES FOR IDENTIFICATION.—Prior to identifying 
Federal 
broad clusters of major occupations under paragraph (1), the ^,thlf^f«r 
National Board shall engage in extensive public consultation, 
including solicitation of public comment on proposed clusters 
through publication in the Federal Register. 
(b) ESTABLISHMENT OF VOLUNTARY PARTNERSHIPS TO DEVELOP 
STANDARDS.— 
(1) IN GENERAL.—For each of the occupational clusters 
identified pursuant to subsection (a), the National Board shall 
encourage and facilitate the establishment of voluntary partner-
ships to develop a skill standards system in accordance with 
subsection (d). 
(2) REPRESENTATIVES.—Such voluntary partnerships shall 
include the full and balanced participation of— 
(A)(i) representatives of business (including representa-
tives of large employers and representatives of small 
employers) who have expertise in the area of workforce 
skill requirements, and who are recommended by national 
business organizations or trade associations representing 
employers in the occupation or industry for which a stand-
ard is being developed; and 
(ii) representatives of trade associations that have 
received grants from the Department of Labor or the 
Department of Education to establish skill standards prior 
to the date of enactment of this title; 
(B) employee representatives who have expertise in 
the area of workforce skill requirements and who shall 
be— 
publication. 
108 STAT. 196 
PUBLIC LAW 103-227—MAR. 31, 1994 
(i) 
individuals 
recommended 
by 
recognized 
national labor organizations representing employees 
^ 
in the occupation or industry for which a standard 
is being developed; and 
(ii) such other individuals who are nonmanagerial 
-employees with significant experience and tenure in 
such occupation or industry as are appropriate given 
the nature and structure of employment in the occupa-
tion or industry; 
(C) representatives of— 
(i) educational institutions; 
(ii) community-based organizations; 
(iii) State and local agencies with administrative 
control or direction over education, vocational-technical 
education, or employment and training; 
(iv) other policy development organizations with 
expertise in the area of workforce skill requirements; 
and 
(v) non-governmental organizations vidth a dem-
onstrated history of successfully protecting the rights 
of racial, ethnic, or religious minorities, women, 
individuals with disabilities, or older persons; and 
(D) individuals with expertise in measurement and 
assessment, including relevant experience in designing 
unbiased assessments and performance-based assessments. 
(3) EXPERTS.—^The partnerships described in paragraph (1) 
may also include such other individuals who are independent, 
qualified experts in their fields. 
(c) RESEARCH, DISSEMINATION, AND COORDINATION.—In order 
to support the activities described in subsections (b) and (d), the 
National Board shall— 
(1) conduct workforce research relating to skill standards 
(including research relating to use of skill standards in compli-
ance with civil rights laws) and make such research available 
to the public, including the voluntary partnerships described 
in subsection (b); 
(2) identify and maintain a catalog of skill standards used 
by other countries and by States and leading firms and indus-
tries in the United States; 
(3) serve as a clearinghouse to facilitate the sharing of 
information on the development of skill standards and other 
relevant information among representatives of occupations and 
industries identified pursuant to subsection (a), the voluntary 
partnerships described in subsection (b), and among education 
and training providers through such mechanisms as the Capac-
ity Building and Information and Dissemination Network estab-
lished under section 453(b) of the Job Training Partnership 
Act (29 U.S.C. 1733(b)) and the Educational Resources Informa-
tion Center Clearinghouses; 
(4) develop a common nomenclature relating to skill stand-
ards; 
(5) encourage the development and adoption of curricula 
and training materials, for attaining the skill standards devel-
oped pursuant to subsection (d), that provide for structured 
work experiences and related study programs leading to 
progressive levels of professional and technical certification and 
postsecondary education; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 197 
(6) provide appropriate technical assistance to voluntary 
partnerships involved in the development of standards and 
systems described in subsection (b); and 
(7) facilitate coordination among voluntary partnerships 
that meet the requirements of subsection (b) to promote the 
development of a coherent national system of voluntary skill 
standards. 
(d) ENDORSEMENT OF SKILL STANDARDS SYSTEMS.— 
(1) 
DEVELOPMENT OF ENDORSEMENT CRITERIA.—<A) 
The 
National Board, after extensive public consultation, shall 
develop objective criteria for endorsing skill standards systems 
relating to the occupational clusters identified pursuant to sub-
section (a). Such criteria shall, at a minimimi, include the 
components of a skill standards system described in subpara-
graph (B). The endorsement criteria shall be published in the 
Federal Register, and updated as appropriate. 
(B) The skill standards systems endorsed pursuant to para-
graph (1) shall have one or more of the following components: 
(i) Voluntary skill standards, which at a minimum— 
(I) take into account relevant standards used in 
other countries and relevant international standards; 
(II) meet or exceed the highest applicable stand-
ards used in the United States, including apprentice-
ship standards registered under the Act of August 
16, 
1937 
(commonly 
known 
as 
the 
"National 
Apprenticeship Act", 50 Stat. 664, chapter 663, 29 
U.S.C. 50 et seq.); 
(III) take mto account content and performance 
standards certified pursuant to title II; 
(IV) take into account the requirements of high 
performance work organizations; 
(V) are in a form that allows for regular updating 
to take into account advances in technology or other 
developments within the occupational cluster; 
(VI) are formulated in such a manner that pro-
motes the portability of credentials and facilitates 
worker mobility within an occupational cluster or 
industry and among industries; and 
(VII) are not discriminatory with respect to race, 
color, gender, age, religion, ethnicity, disability, or 
national origin, consistent with Federal civil rights 
laws. 
(ii) A voluntary system of assessment and certification 
of the attainment of skill standards developed pursuant 
to subparagraph (A), which at a minimum— 
(I) has been developed after taking into account 
relevant methods of such assessment and certification 
used in other countries; 
(II) utilizes a variety of evaluation techniques, 
including, where appropriate, oral and written evalua-
tions, portfolio assessments, and performance tests; 
and 
(III) includes methods for establishing that the 
assessment 
and 
certification 
system 
is 
not 
Technical 
assistance. 
Federal 
Register, 
publication. 
108 STAT. 198 
PUBLIC LAW 103-227—MAR. 31, 1994 
discriminatory with respect to race, color, gender, age, 
religion, ethnicity, disability, or national origin, consist-
ent with Federal civil rights laws, 
(iii) A system to promote the use of and to disseminate 
information relating to skill standards, and assessment 
and certification systems, developed pursuant to this para-
graph (including dissemination of information relating to 
civil rights laws relevant to the use of such standards 
and systems) to entities such as institutions of higher edu-
cation offering professional £uid technical education, labor 
organizations, trade associations, employers providing for-
malized tr£iining, and other organizations likely to benefit 
from such standards and systems. 
(iv) A system to evaluate the implementation of the 
skill standards, and assessment and certification systems 
developed pursuant to this paragraph, and the effectiveness 
of the information disseminated pursuant to subparagraph 
(C) for informing the users of such standards and systems 
of the requirements of relevant civil rights laws. 
(v) A system to periodically revise and update the 
skill standards, and assessment and certification systems 
developed pursuant to this paragraph, which will take into 
accoimt changes in standards in other countries. 
(2) ENDORSEMENT.—The National Board, after 
public 
review and comment, shall endorse those skill standards sys-
tems relating to the occupational clusters identified pursuant 
to subsection (a) that— 
(A) meet the objective endorsement criteria that are 
developed pursuant to paragraph (1); and 
(B) are submitted by voluntary partnerships that meet 
the requirements of subsection (b). 
(e) RELATIONSHIP WITH CIVIL RIGHTS LAWS.— 
(1) IN GENERAL.—^Nothing in this title shall be construed 
to modify or affect any Federal or State law prohibiting 
discrimination on the basis of race, color, gender, age, religion, 
ethnicity, disability, or national origin. 
(2) EVIDENCE.—^The endorsement or absence of an endorse-
ment by the National Board of a skill standard, or assessment 
and certification system, under subsection (d) shall not be used 
in any action or proceeding to establish that the use of a 
skill standard or assessment and certification system conforms 
or does not conform to the requirements of civil rights laws. 
(f) COORDINATION.—^The National Board shall establish coopera-
tive arrangements with the National Education Standards and 
Improvement Coimcil to promote the coordination of the develop-
ment of skill standards under this section with the development 
of voluntary national content standards and voluntary national 
student performance standards in accordance with section 213. 
(g) FINANCIAL ASSISTANCE.— 
(1) IN GENERAL.—From funds appropriated pursuant to 
section 507— 
(A) the National Board may enter into contracts and 
cooperative agreements to carry out the purposes of this 
title; and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 199 
(B) the Secretary of Labor may, in accordance with 
paragraph (2), award grants to voluntary partnerships for 
the development of skill standards systems meeting the 
requirements of subsection (d). 
(2) GRANTS TO VOLUNTARY PARTNERSHIPS.— 
(A) ELIGIBILITY AND APPLICATION.—Voluntary partner-
ships that meet the requirements of subsection (b) shall 
be eligible to apply for a grant luider this subsection. 
Each such voluntary partnership desiring a grant shall 
submit an application to the National Board at such time, 
in such manner, and accompanied by such information 
as the National Board may reasonably require. 
(B) REVIEW AND RECOMMENDATION.—The National 
Board shall review each application submitted pursuant 
to subparagraph (A) in accordance with the objective cri-
teria published pursuant to subparagraph (C) and shall 
forward each such application to the Secretary of Labor 
accompanied by a nonbinding recommendation for the 
approval or disapproval of each such application by the 
Secretary. 
(C) CRITERIA FOR REVIEW.—Prior to each fiscal year, 
the National Board shall publish objective criteria to be 
used by the Board in reviewing applications under subpara-
graph (B). 
(3) LIMITATION ON USE OF FUNDS.— 
(A) IN GENERAL.—^Not more than 20 percent of the 
funds appropriated pursuant to the authority of section 
507(a) for each fiscal year shall be used by the National 
Board for the costs of administration. 
(B) COSTS OF ADMINISTRATION DEFINED.—For purposes 
of this paragraph, the term "costs of administration" means 
costs relating to staff, supplies, equipment, space, and 
travel and per diem, costs of conducting meetings and 
conferences, and other related costs. 
SEC. 505. DEADLINES. 
20 USC 5935. 
Not later than December 31, 1995, the National Board shall, 
at a minimum— 
(1) identify occupational clusters pursuant to section 504(a) 
representing a substantial portion of the workforce; and 
(2) promote the development of an initial set of skill stand-
ards in accordance with section 504(d) for such clusters. 
SEC. 506. REPORTS. 
20 USC 5936. 
The National Board shall prepare and submit to the President 
and the Congress in each of the fiscal years 1994 through 1999, 
a report on the activities conducted under this title. Such report 
shall include information on the extent to which skill standards 
have been adopted by employers, training providers, and other 
entities, and on the effectiveness of such standards in accomplishing 
the purposes described in section 502. 
SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 5937. 
(a) IN GENERAL.—^There are authorized to be appropriated to 
carry out this title $15,000,000 for fiscal year 1994 and such sums 
as may be necessary for each of fiscal years 1995 through 1999. 
(b) AVAILABILITY.—^Amounts appropriated pursuant to sub-
section (a) shall remain available until expended. 
79-194 O—95—8 : QL 3 Part 1 
108 STAT. 200 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 use 5938. 
SEC. 508. DEFINITIONS. 
For purposes of this title, the following definitions apply: 
(1) COMMUNITY-BASED ORGANIZATIONS.—^The term "commu-
nity-based organizations" has the meaning given the term in 
section 4(5) of the Job Training Partnership Act (29 U.S.C. 
1503(5)). 
(2) EDUCATIONAL INSTITUTION.—The term "educational 
institution" means a high school, a vocational school, and an 
institution of higher education. 
(3) INSTITUTION OF HIGHER EDUCATION.—The term "institu-
tion of higher education" means an institution of higher edu-
cation (as such term is defined in section 481 of the Higher 
Education Act of 1965 (20 U.S.C. 1088)) which continues to 
meet the eligibility and certification requirements under section 
498 of such Act. 
(4) SKILL STANDARD.—The term "skill standard" means a 
standard that specifies the level of knowledge and competence 
required to successfully perform work-related functions within 
an occupational cluster. 
20 use 5939. 
SEC. 509. SUNSET PROVISION. 
(a) REPEAL.—This title is repealed on September 30, 1999. 
(b) REVIEW OF REPEAL.—It is the sense of the Congress that 
the appropriate committees of the Congress should review the 
accomplishments of the National Board prior to the date of repeal 
described in subsection (a) in order to determine whether it is 
appropriate to extend the authorities provided under this title for 
a period beyond such date. 
TITLE VI—INTERNATIONAL EDUCATION 
PROGRAM 
20 use 5951. 
SEC. 601. INTERNATIONAL EDUCATION PROGRAM. 
(a) PROGRAM ESTABLISHED.—The Secretary, with the concur-
rence of the Director of the United States Information Agency 
and with the foreign policy guidance of the Secretary of State, 
shall carry out an International Education Program in accordance 
with this section that shall provide for— 
(1) the study of international education programs and deliv-
ery systems; and 
(2) an international education exchange program. 
Grants. 
(b) ASSESSMENT AND INFORMATION.—The Secretary shall award 
grants for the study, evaluation, and analysis of education systems 
in other nations, particularly Great Britain, France, Germany and 
Japan. Such studies shall focus upon a comparative analysis of 
curriculum, methodology, and organizational structure, including 
the length of the school year and school day. In addition, the 
studies shall provide an analysis of successful strategies employed 
by other nations to improve student achievement, with a specific 
focus upon application to schooling and the National Education 
Goals. 
(C) INTERNATIONAL EDUCATION EXCHANGE.— 
(1) REQUIREMENT.— 
(A) IN GENERAL.—The Secretary, in consultation with 
the Director of the United States Information Agency, shall 
carry out a program to be known as the International 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 201 
Education Exchange Program. Under such program the 
Secretary shall award grants to or enter into contracts 
with organizations with demonstrated effectiveness or 
expertise in international achievement comparisons, in 
order to— 
(i) make available to educators from eli^ble coun-
tries exemplary curriculum and teacher training pro-
grams in civics and government 
education 
and 
economic education developed in the United States; 
(ii) assist eligible countries in the adaptation and 
implementation of such programs or joint research 
concerning such programs; 
(iii) create and implement educational programs 
for United States students which draw upon the experi-
ences of emerging constitutional democracies; 
(iv) provide a means for the exchange of ideas 
and experiences in civics and government education 
and economic education among political, educational, 
^ 
and private sector leaders of participating eligible coun-
tries; and 
(v) provide support for— 
(I) research and evaluation to deteimine the 
effects of educational programs on students' devel-
opment of the knowledge, skills, and traits of 
character essential for the preservation 
and 
improvement of constitutional democracy; and 
(II) effective participation in and the preserva-
tion and improvement of an efficient market econ-
omy. 
(B) PROGRAM ADMINISTRATION.—The Secretary and 
the 
Director of the United States Information Agency, or their 
designees, shall be jointly responsible for the design of 
the program described in subparagraph (A). The Secretary 
and the Director of the United States Information Agency 
shall name to an oversight committee an equal number 
of representatives. Such committee shall determine the 
specifications for requests for proposals, the eligibility and 
review criteria for proposals, and the review process for 
proposals, for grants or contracts under this section. The 
Director of the United States Information Agency shall 
have particular responsibility for ensuring that programs 
assisted under this section are not duplicative of other 
efforts in the target countries and that foreign partner 
institutions are creditable. 
(C) RESERVATIONS.—In carrjdng out the 
program 
described in subparagraph (A), there shall be reserved in 
each fiscal year— 
(i) 50 percent of the amount available to carry 
out this subsection for civics and government education 
activities; and 
(ii) 50 percent of such amount available to carry 
out this subsection for economic education activities. 
(2) CONTRACT AUTHORIZED.— 
(A) IN GENERAL.—^The Secretary, in consultation with 
the Director of the United States Information Agency, is 
authorized to contract with independent nonprofit edu-
108 STAT. 202 
PUBLIC LAW 103-227—MAR. 31, 1994 
cational organizations to carry out the provisions of this 
subsection, 
(B) NUMBER.—The Secretary, in consultation with the 
Director of the United States Information Agency, shall 
award at least 1 but not more than 3 contracts described 
in subparagraph (A) in each of the areas described in 
clauses (i) and (ii) of paragraph (1)(B). 
(C) AVOIDANCE OF DUPLICATION.—The Secretary, in 
consultation with the Director of the United 
States 
Information Agency, shall award contracts described in 
subparagraph (A) so as to avoid duplication of activities 
in such contracts. 
(D) REQUIREMENTS.—Each organization with which the 
Secretary enters into a contract pursuant to subparagraph 
(A) shall— 
(i) be experienced in— 
(I) the development and national implemen-
tation of curricular programs in civics and gov-
ernment education and economic education for 
students from grades kindergarten through 12 in 
local, intermediate, and State educational agen-
cies, in schools funded by the Bureau, and in pri-
vate schools throughout the Nation with the 
cooperation and assistance of national professional 
educational organizations, colleges and univer-
sities, and private sector organizations; 
(II) the development and implementation of 
cooperative university and school-based inservice 
training programs for teachers of grades kinder-
garten through grade 12 using scholars from such 
relevant disciplines as political science, political 
philosophy, history, law and economics; 
(III) the development of model curricular 
frameworks in civics and government education 
and economic education; 
(IV) the administration of international semi-
nars on the goals and objectives of civics and 
government education or economic education in 
constitutional democracies (including the sharing 
of curricular materials) for educational leaders, 
teacher trainers, scholars in related disciplines, 
and educational policymakers; and 
(V) the evaluation of civics and government 
education or economic education programs; and 
(ii) have the authority to subcontract with other 
organizations to carry out the provisions of this sub-
section. 
(3) ACTIVITIES.—The international 
education 
program 
described in this subsection shall— 
(A) provide eligible countries with— 
(i) seminars on the basic principles of United 
States constitutional democracy and economics, includ-
ing seminars on the major governmental and economic 
institutions and systems in the United States, and 
visits to such institutions; 
(ii) visits to school systems, institutions of higher 
learning, and nonprofit organizations conducting exem-
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 203 
plary programs in civics and government education 
and economic education in the United States; 
(iii) home stays in United States commimities; 
(iv) translations and adaptations regarding United 
States civics and government education and economic 
education curricular programs for students and teach-
ers, and in the case of tr£dning programs for teachers 
translations and adaptations into forms useful in 
schools in eligible coimtries, and joint research projects 
in such areas; 
(v) translation of basic documents of United States 
constitutional government for use in eligible countries, 
such as The Federalist Papers, selected writings of 
Presidents Adams and Jefferson and the Anti-Federal-
ists, and more recent works on political theory, con-
stitutional law and economics; and 
(vi) 
research 
and 
evaluation 
assistance 
to 
determine— 
(I) the effects of educational programs on stu-
dents' development of the knowledge, skills and 
traits of character essential for the preservation 
and improvement of constitutional democracy; and 
(II) effective participation in and the preser-
vation and improvement of £in efficient market 
economy; 
(B) provide United Stetes participants with— 
(i) seminars on the histories, economics, and 
governments of eligible countries; 
(ii) visits to school systems, institutions of higher 
learning, and organizations conducting exemplary pro-
grams in civics and government education and eco-
nomic education located in eligible countries; 
(iii) home steys in eligible coimtries; 
(iv) assistance from educators and scholars in 
eligible countries in the development of curricular 
materials on the history, government and economics 
of such countries that are useful in United Stetes 
classrooms; 
(v) opportunities to provide on-site demonstrations 
of United Stetes curricula and pedagogy for educational 
leaders in eligible countries; and 
(vi) 
research 
and 
evaluation 
assistence 
to 
determine— 
(I) the effects of educational programs on stu-
dents' development of the knowledge, skills and 
traits of character essential for the preservation 
and improvement of constitutional democracy; and 
(II) effective participation in and improvement 
of an efficient market economv; and 
(C) assist participants from eligible countries and the 
United States in participating in international conferences 
on civics and government education and economic education 
for educational leaders, teacher trainers, scholars in related 
disciplines, and educational polic3anakers. 
(4) PARTICIPANTS.—^The primary participants in the inter-
national education program assisted iinder this subsection shall 
be leading educators in the areas of civics and government 
108 STAT. 204 
PUBLIC LAW 103-227—MAR. 31, 1994 
Safe Schools Act 
of 1994. 
Grants. 
20 u s e 5961. 
20 u s e 5962. 
education and economic education, including curriculum and 
teacher training specialists, scholars in relevant disciplines, 
and educational policymakers, from the United States and 
eligible countries. 
(5) PERSONNEL AND TECHNICAL EXPERTS.—The Secretary 
is authorized to provide Department of Education personnel 
and technical experts to assist eligible coimtries to establish 
and implement a database or other effective methods to improve 
educational delivery systems, structure and organization. 
(6) DEFINITIONS.—For the purpose of this subsection the 
term "eligible country" means a Central European country, 
an Eastern European country, Lithuania, Latvia, Estonia, Geor-
gia, the Commonwealth of Independent States, and any country 
that formerly was a republic of the Soviet Union whose political 
independence is recognized in the United States. 
(d) AUTHORIZATION OF APPROPRIATIONS.— 
(1) ASSESSMENT AND INFORMATION.—There are authorized 
to be appropriated $1,000,000 for fiscal year 1995, and such 
sums as may be necessary for each of the fiscal years 1996 
through 1999, to carry out subsection (b). 
(2) 
INTERNATIONAL 
EDUCATION 
EXCHANGE.—There 
are 
authorized to be appropriated $10,000,000 for fiscal year 1995, 
and such sums as may be necessary for each of the fiscal 
years 1996 through 1999, to carry out subsection (c). 
TITLE VII—SAFE SCHOOLS 
SEC. 701. SHORT TITLE; STATEMENT OF PURPOSE. 
(a) SHORT TITLE.—This title may be cited as the "Safe Schools 
Act of 1994". 
(b) STATEMENT OF PURPOSE.—It is the purpose of this title 
to help local school systems achieve Goal Six of the National Edu-
cation Groals, which provides that by the year 2000, every school 
in America will be free of drugs and violence and will offer a 
disciplined environment conducive to learning, by ensuring that 
all schools are safe and free of violence. 
SEC. 702. SAFE SCHOOLS PROGRAM AUTHORIZED. 
(a) AUTHORITY.— 
(1) IN GENERAL.—From funds appropriated pursuant to 
the authority of subsection (b)(1), the Secretary shall make 
competitive grants to eligible local educational agencies to 
enable such agencies to carry out projects and activities 
designed to achieve Groal Six of the National Education Goals 
by helping to ensure that all schools are safe and free of 
violence. 
(2) GRAJJT DURATION AND AMOUNT.—Grants under this title 
may not exceed— 
(A) two fiscal years in duration; and 
(B) $3,000,000. 
(3) GEOGRAPHIC DISTRIBUTION.—^To the extent practicable, 
grants xinder this title shall be awarded to eligible local edu-
cational agencies serving rural, as well as urban, areas. 
(b) AUTHORIZATION OF APPROPRIATIONS AND RESERVATION.— 
(1) AUTHORIZATION.—^There are authorized to be appro-
priated $50,000,000 for fiscal year 1994 to carry out this title. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 205 
(2) RESERVATION.—The Secretary is authorized in each fis-
cal year to reserve not more than 10 percent of the amount 
appropriated pursuant to the authority of paragraph (1) to 
carry out national activities described in section 706, of which 
50 percent of such amount shall be available in such fiscal 
year to carry out the program described in section 706(b). 
SEC. 703. ELIGIBLE APPLICANTS. 
20 USC 5963. 
(a) IN GENERAL.—To be eligible to receive a grant under this 
title, a local educational agency shall demonstrate in the application 
submitted pursuant to section 704(a) that such agency— 
(1) serves an area in which there is a high rate of— 
(A) homicides committed by persons between the ages 
5 to 18, inclusive; 
(B) referrals of youth to juvenile court; 
(C) youth under the supervision of the courts; 
(D) expulsions and suspensions of students from school; 
(E) referrals of youth, for disciplinary reasons, to alter-
native schools; or 
(F) victimization of youth by violence, crime, or other 
forms of abuse; and 
(2) has serious school crime, violence, and discipline prob-
lems, as indicated by other appropriate data. 
(b) PRIORITY.—In awarding grants under this title, the Sec-
retary shall give priority to a local educational agency that submits 
an application that assures a strong local commitment to the 
projects or activities assisted under this title, such as— 
(1) the formation of partnerships among the local edu-
cational agency, a community-based organization, a nonprofit 
organization with a demonstrated commitment to or expertise 
in developing education programs or providing educational serv-
ices to students or the public, a local law enforcement agency, 
or any combination thereof; and 
(2) a high level of youth participation in such projects 
or activities. 
SEC. 704. APPLICATIONS AND PLANS. 
20 USC 5964. 
(a) APPLICATION.—In order to receive a grant under this title, 
an eligible local educational agency shall submit to the Secretary 
an application that includes— 
(1) an assessment of the current violence and crime prob-
lems in the schools to be served by the grant and in the 
community to be served by the applicant; 
(2) an assurance that the applicant has written policies 
regarding school safety, student discipline, and the appropriate 
handling of violent or disruptive acts; 
(3) a description of the schools and communities to be 
served by the grant, the activities and projects to be carried 
out with grant funds, and how these activities and projects 
will help to reduce the current violence and crime problems 
in the schools and communities served; 
(4) a description of educational materials to be developed 
in the first most predominate non-English language of the 
schools and communities to be served by the grant, if applicable; 
(5) if the local educational agency receives Federal edu-
cation funds, an explanation of how activities assisted under 
this title will be coordinated with and support any systemic 
education improvement plan prepared with such funds; 
108 STAT. 206 
PUBLIC LAW 103-227—MAR. 31, 1994 
(6) the applicant's plan to establish school-level advisory 
committees, which include faculty, parents, staff, and students, 
for each school to be served by the grant and a description 
of how each committee will assist in assessing that school's 
violence and discipline problems as well as in designing appro-
f
>riate programs, policies, and practices to combat such prob-
ems; 
(7) the applicant's plan for collecting baseline and future 
data, by individual schools, to monitor violence and discipline 
problems and to measure the applicant's progress in achieving 
the purpose of this title; 
(8) a description of how, in subsequent fiscal years, the 
grantee will integrate the violence prevention activities the 
grantee carries out with funds under this title with activities 
carried out under the grantee's comprehensive plan for drug 
and violence prevention adopted under the Drug-Free Schools 
and Communities Act of 1986; 
(9) a description of how the grantee will coordinate the 
grantee's school crime and violence prevention efforts with edu-
cation, law enforcement, judicial, health, and social service 
programs supported under the Juvenile Justice and Delin-
quency Prevention Act of 1974, and other appropriate agencies 
and organizations serving the community; 
(10) a description of how the grantee will inform parents 
about the extent of crime and violence in their children's schools 
and maximize the participation of parents in the grantee's 
violence prevention activities; 
(11) an assurance that grant funds under this title will 
be used to supplement and not supplant State and local funds 
that would, in the absence of funds under this title, be made 
available by the applicant for the purposes of the grant; 
(12) an assurance that the applicant will cooperate with, 
and provide assistance to, the Secretary in gathering statistics 
and other data the Secretary determines are necessary to deter-
mine the effectiveness of projects and activities assisted under 
this title or the extent of school violence and discipline problems 
throughout the Nation; and 
(13) such other information as the Secretary may require, 
(b) PLAN.—In order to receive funds under this title for a 
second year, a grantee shall submit to the Secretary a comprehen-
sive, long-term, school safety plan for reducing and preventing 
school violence and discipline problems. Such plan shall contain 
a description of how the grantee will coordinate the grantee's school 
crime and violence prevention efforts with education, law-enforce-
ment, judicial, health, social service, and other appropriate agencies 
and organizations serving the community. 
20 u s e 5965. 
SEC. 705. USE OF FUNDS. 
(a) IN GENERAL.—^A local educational agency shall use grant 
funds received under this title for one or more of the following 
activities: 
(1) Identifying and assessing school violence and discipline 
problems, including coordinating needs assessment activities 
with education, law enforcement, judicial, health, social service, 
and other appropriate agencies and organizations, juvenile jus-
tice programs, and gang prevention activities. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 207 
(2) Conducting school safety reviews or violi :nce prevention 
reviews of programs, policies, practices, and facilities to deter-
mine what changes are needed to reduce or prevent violence 
and promote safety and discipline. 
(3) Planning for comprehensive, long-term strategies for 
addressing and preventing school violence and discipline prob-
lems through the involvement and coordination of school pro-
grams with other education, law enforcement, judicial, health, 
social service, and other appropriate agencies and organiza-
tions. 
(4) Training school personnel in programs of demonstrated 
effectiveness in addressing violence, including violence preven-
tion, conflict resolution, anger management, peer mediation, 
and identification of high-risk youth. 
(5) Activities which involve parents in efforts to promote 
school safety and prevent school violence. 
(6) Community education programs, including video- and 
technology-based projects, informing parents, businesses, local 
government, the media and other appropriate entities about— 
(A) the local educational agency's plan to promote 
school safety and reduce and prevent school violence and 
discipline problems; and 
(B) the need for community support. 
(7) Coordination of school-based activities designed to pro-
mote school safety and reduce or prevent school violence and 
discipline problems with related efforts of education, law 
enforcement, judicial, health, social service, and other appro-
priate agencies and organizations and juvenile justice programs. 
(8) Developing and implementing violence prevention 
activities and materials, including— 
(A) conflict resolution and social skills development 
for students, teachers, aides, other school personnel, and 
parents; 
(B) disciplinary alternatives to expulsion and suspen-
sion of students who exhibit violent or antisocial behavior; 
(C) student-led activities such as peer mediation, peer 
counseling, and student courts; or 
(D) alternative after-school programs that provide safe 
havens for students, which may include cultural, rec-
reational, educational and instructional activities, and 
mentoring and community service programs. 
(9) Educating students and parents regarding the dangers 
of guns and other weapons and the consequences of their use. 
(10) Developing and implementing innovative curricula to 
prevent violence in schools and training staff how to stop 
disruptive or violent behavior if such behavior occurs. 
(11) Supporting "safe zones of passage" for students 
between home and school through such measures as Drug-
and Weapon-Free School Zones, enhanced law enforcement, 
and neighborhood patrols. 
(12) Counseling programs for victims and witnesses of 
school violence and crime. 
(13) Acquiring and installing metal detectors and hiring 
security personnel. 
(14) Reimbursing law enforcement authorities for their 
personnel who participate in school violence prevention activi-
ties. 
108 STAT. 208 
PUBLIC LAW 103-227—MAR. 31, 1994 
(15) Evaluating projects and activities assisted under this 
title. 
(16) The cost of administering projects or activities assisted 
under this title. 
(17) Other projects or activities that meet the purpose 
of this title. 
(b) LIMITATIONS.— 
(1) IN GENERAL.—^A local educational agency may use not 
more than— 
(A) a total of 5 percent of grant funds received under 
this title in each fiscal year for activities described in 
paragraphs (11), (13), and (14) of subsection (a); and 
(B) 5 percent of grant funds received under this title 
in each fiscal year for activities described in paragraph 
(16) of subsection (a). 
(2) SPECIAL RULE.—^A local educational agency shall only 
be able to use grant funds received under this title for activities 
described in paragraphs (11), (13), and (14) of subsection (a) 
if funding for such activities is not available from other Federal 
sources. 
(3) PROHIBITION.—^A local educational agency may not use 
grant funds received under this title for construction. 
20 use 5966. 
SEC. 706. NATIONAL ACTIVITIES. 
(a) NATIONAL ACTIVITIES.— 
(1) IN GENERAL.—^To carry out the purpose of this title, 
the Secretary— 
(A) is authorized to use funds reserved under section 
702(bX2) to— 
(i) conduct national leadership activities such as 
research, program development and evaluation, data 
collection, public awareness activities, training and 
technical assistance, dissemination (through appro-
priate research entities assisted by the Department 
of Education) of information on successful projects, 
activities, and strategies developed pursuant to this 
title; 
(ii) provide grants to noncommercial telecommuni-
cations entities for the production and distribution of 
national video-based projects that provide young people 
with models for conflict resolution and responsible 
decisionmaking; and 
(iii) conduct peer review of applications under this 
title; and 
(B) shall develop a written safe schools model so that 
all schools can develop models that enable all students 
to participate regardless of any language barrier. 
(2) SPECIAL RULE.—^The Secretary may carry out the activi-
ties described in paragraph (1) directly, through interagency 
agreements, or through grants, contracts or cooperative agree-
ments. 
District of 
(b) NATIONAL MoDEL CiTY.—The Secretary shall designate the 
Columbia. 
District of Columbia as a national model city and shall provide 
funds made available pursuant to section 702(b)(2) in each fiscal 
year to a local educational agency serving the District of Columbia 
in an amount sufficient to enable such agency to carry out a 
comprehensive program to address school and youth violence. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 209 
SEC. 707. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM. 
Subparagraph (A) of section 406(h)(2) of the General Education 
Provisions Act (20 U.S.C. 1221e-l(h)(2)(A)) is amended— 
(1) in clause (vi), by striking "and" after the semicolon; 
and 
(2) by adding after clause (vii) the following new clause: 
"(viii) school safety policy, and statistics on the 
incidents of school violence; and". 
SEC. 708. REPORTS. 
(a) REPORT TO SECRETARY.—Each local educational agency that 
receives funds under this title shall submit to the Secretary a 
report not later than March 1, 1995, that describes progress 
achieved in carrying out the plan described in section 704(b). 
(b) REPORT TO CONGRESS.—The Secretary shall submit to the 
Committee on Education and Labor of the House of Representatives 
and the Committee on Labor and Human Resources of the Senate 
a report not later than October 1, 1995, which shall contain a 
detailed statement regarding grant awards, activities of grant 
recipients, a compilation of statistical information submitted by 
applicants under section 704(a), and an evaluation of programs 
assisted under this title. 
SEC. 709. COORDINATION OF FEDERAL ASSISTANCE. 
The Secretary, as a member of the Coordinating Council on 
Juvenile Justice and Delinquency Prevention of the Department 
of Justice, shall coordinate the programs and activities carried 
out under this title with the programs and activities carried out 
by the departments and offices represented within the Council 
that provide assistance under other Federal law for purposes that 
are determined by the Secretary to be similar to the purpose of 
this title, in order to avoid redundancy and coordinate Federal 
assistance, research, and programs for youth violence prevention. 
TITLE VIII—MINORITY-FOCUSED CIVICS 
EDUCATION 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Minority-Focused Civics Edu-
cation Act of 1994". 
SEC. 802. PURPOSES. 
It is the purpose of this title— 
(1) to encourage improved instruction for minorities and 
Native Americans in American government and civics through 
a national program of accredited summer teacher training and 
staff development seminars or institutes followed by academic 
year inservice training programs conducted on college and 
university campuses or other appropriate sites, for— 
(A) social studies and other teachers responsible for 
American history, government, and civics classes; and 
(B) other educators who work with minority and Native 
American youth; and 
(2) through such improved instruction to improve minority 
and Native American student knowledge and understanding 
of the American system of government. 
20 u s e 5967. 
20 u s e 5968. 
Minority-
Focused Civics 
Education Act of 
1994. 
Native 
Americans. 
20 u s e 5981. 
20 u s e 5982. 
108 STAT. 210 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 use 5983. 
SEC. 803. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIA-
TIONS. 
(a) GRANTS AUTHORIZED.— 
(1) IN GENERAL.—^The Secretary is authorized to make 
grants to eligible entities for the development and implementa-
tion of seminars in American government and civics for 
elementary and secondary school teachers and other educators 
who work with minority and Native American students. 
(2) AWARD RULE.—In awarding grants under this title, 
the Secretary shall ensure that there is wide geographic dis-
tribution of such grants. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated $5,000,000 for fiscal 1995, and such sums as 
may be necessary for each of the fiscal years 1996, 1997, and 
1998, to carry out this title. 
20 use 5984. 
SEC. 804. DEFINITIONS. 
For purposes of this title— 
(1) the term "eligible entity" means a State educational 
agency, an institution of higher education or a State higher 
education agency, or a public or private nonprofit organization, 
with experience in coordinating or conducting teacher training 
seminars in American government and civics education, or a 
consortium thereof; and 
(2) the term "State higher education agency" means the 
officer or agency primarily responsible for the State supervision 
of higher education. 
20 use 5985. 
SEC. 805. APPLICATIONS. 
(a) APPLICATION REQUIRED.—Each eligible entity desiring a 
grant under this title shall submit an application to the Secretary, 
at such time, in such manner and containing or accompanied by 
' 
such information as the Secretary may reasonably require. 
(b) CONTENTS OF APPLICATION.—Each application submitted 
pursuant to subsection (a) shall— 
(1) define the learning objectives and course content of 
each seminar to be held and describe the manner in which 
seminar 
participants 
shall 
receive 
substantive 
academic 
instruction in the principles, institutions and processes of Amer-
ican government; 
(2) provide assurances that educators successfully partici-
pating in each seminar will qualify for either graduate credit 
or professional development or advancement credit according 
to the criteria established by a State or local educational agency; 
(3) describe the manner in which seminar participants 
shall receive exposure to a broad array of individuals who 
are actively involved in the political process, including political 
party representatives drawn equally from the major political 
parties, as well as representatives of other organizations 
involved in the political process; 
(4) provide assurances that the seminars will be conducted 
on a nonpartisan basis; 
(5) describe the manner in which the seminars will address 
the role of minorities or Native Americans in the American 
political process, including such topics as— 
(A) the history and current political state of minorities 
or Native Americans; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 211 
(B) recent research on minority or Native American 
political socialization patterns and cognitive learning styles; 
and 
(C) studies of political participation patterns of minori-
ties or Native Americans; 
(6) describe the pedagogical elements for teachers that 
will enable teachers to develop effective strategies and lesson 
plans for teaching minorities or Native American students at 
the elementary and secondary school levels; 
(7) identify the eligible entities which will conduct the 
seminars for which assistance is sought; 
(8) in the case that the eligible entity is an institution 
of higher education, describe the plans for collaborating with 
national organizations in American government and civics edu-
cation; 
(9) provide assurances that during the academic year edu-
cators participating in the summer seminars will provide 
inservice training programs based upon what such educators 
have learned and the curricular materials such educators have 
developed or acquired for their peers in their school systems 
with the approval and support of their school administrators; 
and 
(10) describe the activities or services for which assistance 
is sought, including activities and services such as— 
(A) development of seminar curricula; 
(B) development and distribution of instructional mate-
rials; 
(C) scholarships for participating teachers; and 
(D) program assessment and evaluation. 
(c) PRIORITY.—The Secretary, in approving applications for 
assistance under this title, shall give priority to applications which 
demonstrate that— 
(1) the applicant will serve teachers who teach in schools 
with a large number or concentration of economically disadvan-
taged students; 
(2) the applicant has demonstrated national experience 
in conducting or coordinating accredited summer seminars in 
American government or civics education for elementary and 
secondary school teachers; 
(3) the applicant will coordinate or conduct seminars on 
a national or multistate basis through a collaboration with 
an institution of higher education, State higher education 
agency or a public or private nonprofit organization, with 
experience in coordinating or conducting teacher training pro-
grams in American government and civics education; 
(4) the applicant will coordinate or conduct seminars 
designed for more than one minority student population and 
for Native Americans; and 
(5) the applicant will coordinate or conduct seminars that 
offer a combination of academic instruction in American govern-
ment, exposure to the practical workings of the political system, 
and training in appropriate pedagogical techniques for working 
with minority and Native American students. 
108 STAT. 212 
PUBLIC LAW 103-227—MAR. 31, 1994 
Educational 
TITLE IX—EDUCATIONAL RESEARCH 
Research, 
Development, 
AND IMPROVEMENT 
" 
Dissemination, 
and 
Improvement 
SEC. 901. SHORT TITLE. 
20 use 6001. 
This title may be cited as the "Educational Research, Develop-
ment, Dissemination, and Improvement Act of 1994". 
20 use 6002. 
SEC. 
902. FINDINGS. 
The Congress finds as follows with respect to improving edu-
cation in the United States: 
(1) A majority of public schools in the United States are 
failing to prepare students to achieve the National Education 
Goals. The Federal Government should support an extensive 
program of educational research, development, dissemination, 
replication and assistance to identify and support the best 
responses for the challenges ahead. A significant investment 
in attaining a deeper understanding of the processes of learning 
and schooling and developing new ideas nolds the best hope 
of making a substantial difference to the lives of every student 
in the United States. The Office of Educational Research and 
Improvement within the Department of Education should be 
at the center of this campaign in order to coordinate such 
efforts. 
(2) The Federal role in educational research has been 
closely identified with youths who are socioeconomically dis-
advantaged^ are minorities, belong to a language minority, or 
have a disability. The Federal commitment to education was 
sufficient to serve not more than— 
(A) in 1993, 1 out of every 6 low-income children in 
need of preschool education; 
(B) in 1990, 3 out of every 5 children in need of remedi-
ation; 
(C) in 1991, 1 out of every 5 children in need of bilin-
gual education; and 
(D) in 1992, 1 out of evenr 20 youths eligible for assist-
ance under the Job Training Partnership Act. 
(3) The failure of the Federal Grovemment to adequately 
invest in educational research and development has denied 
the United States a sound foundation of knowledge on which 
to design school improvements. The educational achievement 
of minority children is of particular concern because at least 
half of the public school students in 25 of the largest cities 
of the United States are minority children, and demographers 
project that, by the year 2005, almost all urban public school 
students will be minority children or other children in poverty. 
(4) The investment goal of the Federal research, develop-
ment, and dissemination function should be at least 1 percent 
of the total amount of funds spent on education. 
(5) Nationwide model programs and reliable interventions 
should be demonstrated and replicated, and for such purposes, 
programs should be established to conduct research and evalua-
tions, and to disseminate information. 
(6) The Office should develop a national dissemination 
policy that will advance the goal of placing a national treasure 
chest of research results, models, and materials at the disposal 
of the education decisionmakers of the United States. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 213 
(7) A National Educational Research Policy and Priorities 
Board should be established to work collaboratively with the 
Assistant Secretary to forge a national consensus with respect 
to a long-term agenda for educational research, development, 
dissemination, and the activities of the Office. 
(8) Existing research and development entities should adopt 
expanded, proactive roles and new institutions should be cre-
ated to promote knowledge development necessary to accelerate 
the application of research findings to high priority areas. 
(9) Greater use should be made of existing technologies 
in efforts to improve the educational system of the United 
States, including efforts to disseminate research findings. 
(10) Minority educational researchers are inadequately 
represented throughout the Department of Education, but 
particularly in the Office. The Office therefore should assume 
a leadership position in the recruitment, retention, and pro-
motion of qualified minority educational researchers. 
(11) The coordination of the mission of the Office with 
that of other components of the Department of Education is 
critical. The Office should improve the coordination of the edu-
cational research, development, and dissemination function 
with those of other Federal agencies. 
P A R T A — G E N E R A L P R O V I S I O N S 
R E G A R D I N G 
T H E 
O F F I C E O F E D U C A T I O N A L 
R E S E A R C H 
A N D I M P R O V E M E N T 
SEC. 911. REPEAL. 
(a) REPEAL.—Section 405 of the General Education Provisions 
Act (20 U.S.C. 122le) is repealed. 
(b) CONFORMING AMENDMENT.—^The second sentence of section 
209 of the Department of Education Organization Act (20 U.S.C. 
3419) is amended by inserting "and such functions as set forth 
in the Educational Research, Development, Dissemination, and 
Improvement Act of 1994" after "delegate". 
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT. 20 USC 6)11. 
(a) DECLARATION OF POLICY REGARDING EDUCATIONAL OPPOR-
TUNITY.— 
(1) IN GENERAL.—^The Congress declares it to be the policy 
of the United States to provide to every individual an equal 
opportunity to receive an education of high quality regardless 
of race, color, religion, sex, age, disability, national origin, or 
social class. Although the American educational system has 
pursued this objective, it has not been attained. Inequalities 
of opportunity to receive high quality education remain pro-
nounced. To achieve the goal of quality education requires 
the continued pursuit of knowledge about education through 
research, development, improvement activities, data collection, 
synthesis, technical assistance, and information dissemination. 
While the direction of American education remains primarily 
the responsibility of State and local governments, the Federal 
Government has a clear responsibility to provide leadership 
in the conduct and support of scientific inquiry into the edu-
cational process. 
(2) MISSION OF OFFICE.— 
108 STAT. 214 
PUBLIC LAW 103-227—MAR. 31, 1994 
(A) The mission of the Office shall be to provide 
national leadership in— 
(i) expanding fundamental knowledge and under-
standing of education; 
(ii) promoting excellence and equity in education; 
and the achievement of the National Educational Goals 
by spurring reform in the school systems of the United 
States; 
(iii) promoting the use and application of research 
and development to improve practice in the classroom; 
and 
(iv) monitoring the state of education. 
(B) The mission of the Office shall be accomplished 
in collaboration with researchers, teachers, school adminis-
trators, parents, students, employers, and polic3niiakers. 
(b) PURPOSE AND STRUCTURE OF OFFICE.— 
(1) IN GENERAL.—^The Secretary, acting through the Office, 
shall carry out the policies set forth in subsection (a). In carry-
ing out such policies, the Office shall be guided by the Research 
Priorities Plan developed by the Assistant Secretary working 
collaboratively with the Board and which has been approved 
by the Board. 
(2) ADMINISTRATIVE STRUCTURE.—The Office 
shall be 
administered by the Assistant Secretary and shall include— 
(A) the National Educational Research Policy and 
Priorities Board established by section 921; 
(B) the national research institutes established by sec-
tion 931; 
(C) the national education dissemination system estab-
lished by section 941; 
(D) the National Center for Education Statistics; and 
(E) such other units as the Secretary deems appro-
priate to carry out the purposes of the Office. 
(3) AUTHORIZED ACTIVITIES.— 
(A) OFFICE.—In fulfilling its purposes under this sec-
tion, the Office is authorized to— 
(i) conduct and support education-related research 
activities, including basic and applied research, devel-
opment, planning, surveys, assessments, evaluations, 
investigations, experiments, and demonstrations of 
national significance; 
(ii) disseminate the findings of education research, 
and provide technical assistance to apply such informa-
tion to specific problems at school sites; 
(iii) collect, analyze, and disseminate data related 
to education, and to library and information services; 
(iv) promote the use of knowledge gained from 
research and statistical findings in schools, other edu-
cational institutions, and communities; 
(v) provide training in education research; and 
(vi) promote the coordination of education research 
and research support within the Federal Government, 
and otherwise assist and foster such research. 
(c) APPOINTMENT OF EMPLOYEES.— 
(1) IN GENERAL.—^The Assistant Secretary may appoint, 
for terms not to exceed three years (without regard to the 
provisions of title 5, United States Code, governing appointment 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 215 
in the competitive service) and may compensate (without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule 
pay rates) such scientific or technical employees of the Office 
as the Assistant Secretary considers necessary to accomplish 
its functions, provided that-— 
(A) at least 30 days prior to the appointment of any 
such employee, public notice is given of the availability 
of such position and an opportunity is provided for qualified 
individuals to apply and compete for such position; 
(B) the rate of basic pay for such employees does not 
exceed the maximum rate of basic pay payable for positions 
at GS-15, as determined in accordance with section 5376 
of title 5, United States Code; 
(C) the appointment of such employee is necessary 
to provide the Office with scientific or technical expertise 
which could not otherwise be obtained by the Office through 
the competitive service; and 
(D) the total number of such employees does not exceed 
one-fifth of the number of full-time, regular scientific or 
professional employees of the Office. 
(2) REAPPOINTMENT OF EMPLOYEES.—^The Assistant Sec-
retary may reappoint employees described in paragraph (1) 
upon presentation of a clear and convincing justification of 
need, for one additional term not to exceed 3 years. All such 
employees shall work on activities of the Office and shall not 
be reassigned to other duties outside the Office during their 
term. 
(d) AUTHORITY TO PUBLISH.— 
(1) IN GENERAL.—^The Assistant Secretary is authorized 
to prepare and publish such information, reports, and docu-
ments as may be of value in carrying out the purposes of 
this title without further clearance or approval by the Secretary 
or any other office of the Department of Education. 
(2) QUALITY ASSURANCE.—In carrying out such authority, 
the Assistant Secretary shall— 
(A) establish such procedures as may be necessary 
to assure that all reports and publications issued by the 
Office are of the highest quality; and 
(B) provide other offices of the Department of Edu-
cation with an opportunity to comment upon any report 
or publication prior to its publication when its contents 
relate to matters for which such office has responsibility. 
(e) BIENNIAL REPORT ON ACTIVITIES OF OFFICE.—The Assistant 
Secretary shall transmit to the President and the Congress bv 
not later than December 30 of every other year a report whicn 
shall consist of— 
(1) a description of the activities carried out by and through 
each research institute during the fiscal years for which such 
report is prepared and any recommendations and comments 
regarding such activities as the Assistant Secretary considers 
appropriate; 
(2) a description of the activities carried out by and through 
the national education dissemination system established by 
section 941 during the fiscal years for which such report is 
prepared and any recommendations and comments regarding 
such activities as the Assistant Secretary considers appropriate; 
108 STAT. 216 
PUBLIC LAW 103-227—MAR. 31, 1994 
(3) such written comments and recommendations as may 
be submitted by the Board concerning the activities carried 
out by and through each of the institutes and the national 
education dissemination system during the fiscal years for 
which such report is prepared; 
(4) a description of the coordination activities undertaken 
pursuant to subsection (g) during the fiscal years for which 
such report is prepared; 
(5) recommendations for legislative and administrative 
changes necessary to improve the coordination of all educational 
research, development, and dissemination activities carried out 
within the Federal Government; and 
(6) such additional comments, recommendations, and mate-
rials as the Assistant Secretary considers appropriate, 
(0 RESEARCH PRIORITIES PLAN.— 
(1) IN GENERAL.—^Working collaboratively with the Board, 
the Assistant Secretary shall— 
(A) survey and assess the state of knowledge in edu-
cation research, development and dissemination to identify 
disciplines and areas of inquiry in which the state of knowl-
edge is insufficient and which warrant further investiga-
tion, taking into account the views of both education 
researchers and practicing educators; 
(B) consult with the National Education Groals Panel 
and other authorities on education to identify national 
priorities for the improvement of education; 
(C) actively solicit recommendations from education 
researchers, teachers, school administrators, cultural lead-
ers, parents, and others throughout the United States 
through such means as periodic regional forums; 
(D) provide recommendations for the development, 
maintenance, and assurance of a strong infrastructure for 
education, research, and development in the United States; 
and 
(E) on the basis of such recommendations, develop 
a research priorities program which shall recommend prior-
ities for the investment of the resources of the Office over 
the next 5-, 10-, and 15-year periods, including as priorities 
those areas of inquiry in which further research, develop-
ment and dissemination— 
(i) is necessary to attain the National Education 
Groals; 
(ii) promises to yield the greatest practical benefits 
to teachers and other educators in terms of improving 
education; and 
(iii) will not be undertaken in sufficient scope or 
intensity by the other Federal and non-Federal entities 
engaged, in education research and development. 
(2) CONTENTS OF PLAN.—(A) The research and priorities 
plan described in paragraph (1) shall, at a minimum— 
(i) set forth specific objectives which can be expected 
to be achieved as a result of a Federal investment in 
the priorities set forth in the plan; 
(ii) include recommendations with respect to research 
and development on cross-cutting issues which should be 
carried out jointly by 2 or more of the research institutes; 
and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 217 
(iii) include an evaluative summary of the educational 
research and development activities undertaken by the Fed-
eral Grovemment during the preceding 2 fiscal years, which 
shall describe— 
(I) what has been learned as a result of such 
activities; 
(II) how such new knowledge or understanding 
extends or otherwise relate;} to what had been pre-
viously known or understood; 
(III) the implications of such new knowledge or 
understanding for educational practice and school 
reform; and 
(IV) any development, reform, and other assistance 
activities wnich have utilized such knowledge or under-
standing and the effects of such efforts. 
(B) REPORT.—(i) Not later than 6 months after the first 
meeting of the Board and by October 1 of every second year 
thereafter, the Assistant Secretary shall publish a report speci-
f3dng the proposed research priorities of the Office and allow 
a 60-day period beginning on the date of the publication of 
the report for public comment and suggestions. 
(ii) Not later than 90 days after the expiration of the 
60-day period referred to in clause (i), the Assistant Secretary 
shall submit to the Board a report specifying the proposed 
research priorities of the Office and any public comment and 
suggestions obtained under such subparagraph for the Board's 
review and approval. 
(g) COORDINATION.—^With the advice and assistance of the 
Board, the Assistant Secretary shall work cooperatively with the 
Secretary and the other Assistant Secretaries of the Department 
of Education to establish and maintain an ongoing program of 
activities designed to improve the coordination of education 
research, development, and dissemination and activities within such 
Department and within the Federal Government to— 
(1) minimize duplication in education research, develop-
ment, and dissemination carried out by the Federal Govern-
ment; 
(2) maximize the value of the total Federal investment 
in education research, development, and dissemination; and 
(3) enable entities engaged in education research, develop-
ment, and dissemination within the Federal Government to 
interact effectively as partners and take full advantage of the 
diverse resources and proficiencies which each entity has 
available. 
(h) ACTIVITIES REQUIRED WITH RESPECT l o COORDINATION.— 
In canying out such program of coordination, the Assistant Sec-
retary shall compile (and thereafter regularly maintain) and make 
available a comprehensive inventory of education research, develop-
ment, dissemination activities, and expenditures being carried out 
by the Federal Grovemment. 
(i) 
STANDARDS FOR 
THE 
CONDUCT AND 
EVALUATION 
OF 
RESEARCH.— 
(1) IN GENERAL.—In consultation with the Board, the 
Assistant Secretary shall develop such standards as may be 
necessary to govern the conduct and evaluation of all research, 
development, and dissemination activities carried out by the 
Office to assure that such activities meet the highest standards 
108 STAT. 218 
PUBLIC LAW 103-227—MAR. 31, 1994 
of professional excellence. In developing such standards, the 
Assistant Secretary shall review the procedures utilized by 
the National Institutes of Health, the National Science Founda-
tion, and other Federal departments or agencies engaged in 
research and development and shall also actively solicit rec-
ommendations from research organizations and members of 
the general public. 
(2) CONTENTS OF STANDARDS.—Such standards shall at a 
minimmn— 
(A) require that a process of open competition be used 
in awarding or entering into all grants, contracts, and 
cooperative agreements under this title; 
(B) require that a system of peer review be utilized 
by the Office— 
(i) for reviewing and evaluating all applications 
for grants and cooperative agreements and bids for 
those contracts which exceed $100,000; 
(ii) for evaluating and assessing the performance 
of all recipients of grants from and cooperative agree-
ments and contracts with the Office; and 
(iii) for reviewing and designating exemplary and 
promising programs in accordance with section 941(d); 
(C) describe the general procedures which shall be 
used by each peer review panel in its operations; 
(D)(i) describe the procedures which shall be utilized 
in evaluating applications for grants, proposed cooperative 
agreements, and contract bids; and 
(ii) specify the criteria and factors which shall be 
considered in making such evaluations; 
(E) describe the procedures which shall be utilized 
in reviewing educational programs which have been identi-
fied by or submitted to the Secretary for evaluation in 
accordance with section 941(d); and 
(F) require that the performance of all recipients of 
grants from and contracts and cooperative agreements with 
the Office shall be periodically evaluated, both during and 
at the conclusion of their receipt of assistance. 
(3) PUBLICATION AND PROMULGATION OF STANDARDS.— 
(A) The Assistant Secretary shall publish proposed 
standards— 
(i) which meet the requirements of subparagraphs 
(A), (B), (C), and (D) of paragraph (2) not later than 
1 year after the date of the enactment of this title; 
(ii) which meet the requirements of paragraph 
(2)(E) not later than 2 years after such date; and 
(iii) which meet the requirements of subparagraph 
(F) of paragraph (2) not later than 3 years after such 
date. 
(B) Following the publication of such proposed stand-
ards, the Assistant Secretary shall solicit comments from 
interested members of the public with respect to such pro-
posed standards for a period of not more than 120 days. 
After giving due consideration to any comments which 
may have been received, the Assistant Secretary shall 
transmit such standards to the Board for its review and 
approval. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 219 
(C) Upon the approval of the Board, the Assistant 
Secretary shall transmit final standards to the Secretary 
which meet the requirements of the particular subpara-
graphs of paragraph (2) for which such standards were 
developed. Such standards shall be binding upon all activi-
ties carried out with funds appropriated pursuant to sub-
section (m). 
(j) ADDITIONAL RESPONSIBILITIES OF THE ASSISTANT 
SEC-
RETARY.—In carrying out the activities and programs of the Office, 
the Assistant Secretary— 
(1) shall be guided by the Research Priorities Plan devel-
oped by the Assistant Secretary working collaboratively with 
the Board and which has been approved by the Board; 
(2) shall ensure that there is broad and regular public 
and professional involvement from the educational field in the 
planning and carrying out of the Office's activities, including 
establishing teacher advisory boards for any program office, 
program or project of the Office as the Assistant Secretary 
deems necessary and involving Indian and Alaska Native 
researchers and educators in activities that relate to the edu-
cation of Indian and Alaska Native people; 
(3) shall ensure that the selection of research topics and 
the administration of the program are free from undue partisan 
political influence; 
(4) shall ensure that all statistics and other data collected 
and reported by the Office shall be collected, cross-tabulated, 
analyzed, and reported by sex within race or ethnicity and 
socioeconomic status whenever feasible (and when such data 
collection or analysis is not feasible, ensure that the relevant 
report or document includes an explanation as to why such 
data collection or analysis is not feasible); 
(5) is authorized to administer funds to support a single 
project when more than 1 Federal agency uses funds to support 
such project, and the Assistant Secretary may act for all such 
agencies in administering such funds; and 
(6) is authorized to offer information and technical assist-
ance to State and local educational agencies, school boards, 
and schools, including schools funded by the Bureau, to ensure 
that no student is— 
(A) denied access to the same rigorous, challenging 
curriculum that such student's peers are offered; or 
(B) grouped or otherwise labeled in such a way that 
may impede such student's achievement. 
(k) INDEPENDENT EVALUATIONS.—^The Secretary shall enter into Contracts. 
one or more contracts for the conduct of an independent evaluation 
of the effectiveness of the implementation of the provisions of this 
title. Such evaluations shall be transmitted to the Congress, the 
President, and the Assistant Secretary not later than 54 months 
after the date of the enactment of this title. 
(1) DEFINITIONS.—For purposes of this title, the following defini-
tions apply: 
(1) ASSISTANT SECRETARY.—The term "Assistant Secretary" 
means the Assistant Secretary for Educational Research and 
Improvement established by section 202 of the Department 
of Education Organization Act. 
(2) AT-RISK STUDENT.—^The term "at-risk student" means 
a student who, because of limited English proficiency, poverty, 
108 STAT. 220 
PUBLIC LAW 103-227—MAR. 31, 1994 
race, geographic location, or economic disadvantage, faces a 
greater risk of low educational achievement or reduced aca-
demic expectations. 
(3) BOARD.—The term "Board" means the National Edu-
cational Research Policy and Priorities Board, 
(4) DEVELOPMENT.—The term "development"— 
(A) means the systematic use, adaptation, and trans-
formation of knowledge and understanding gained from 
research to create alternatives, policies, products, methods, 
practices, or materials which can contribute to the improve-
ment of educational practice; and 
(B) includes the design and development of prototypes 
and the testing of such prototypes for the purposes of 
establishing their feasibility, reliability, and cost-effective-
ness. 
(5) DISSEMINATION.—The term "dissemination" means the 
communication and transfer, through the provision of technical 
assistance and other means, of the results of research and 
proven practice in forms that are understandable, easily acces-
sible and usable or adaptable for use in the improvement of 
educational practice by teachers, administrators, librarians, 
other practitioners, researchers, policymakers, and the public. 
(6) 
EDUCATIONAL 
RESEARCH.—The 
term 
"educational 
research" includes basic and applied research, inquiry with 
the purpose of applying tested knowledge gained to specific 
educational settings and problems, development, planning, sur-
veys, assessments, evaluations, investigations, experiments, 
and demonstrations in the field of education and other fields 
relating to education. 
(7) FIELD-INITIATED RESEARCH.—The term "field-initiated 
research" means education research in which topics and meth-
ods of study are generated by investigators, including teachers 
and other practitioners, not by the source of funding. 
(8) 
NATIONAL EDUCATION DISSEMINATION SYSTEM.—The 
term "national education dissemination system" means the 
activities carried out by the Office of Reform Assistance and 
Dissemination established by section 941. 
(9) OFFICE.—^The term "Office", unless otherwise specified, 
means the Office of Educational Research and Improvement 
established in section 209 of the Department of Education 
Organization Act. 
(10) NATIONAL RESEARCH INSTITUTE.—The term "national 
research institute" means an institute established in section 
931. 
(11) TECHNICAL ASSISTANCE.—The term "technical assist-
ance" means assistance in identifying, selecting, or designing 
solutions based on research to address educational problems, 
planning, and design that leads to adapting research Imowledge 
to school practice, training to implement such solutions, and 
other assistance necessary to encourage adoption or application 
of research. 
(12) UNITED STATES; STATE.—The terms "United States" 
and "State" means each of the 50 States, the District of Colum-
bia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Commonwealth of the Northern 
Mariana Islands, Palau (until the effective date of the Compact 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 221 
of Free Association with the Grovemment of Palau), the Republic 
of the Marshall Islands, and the Federated States of Micronesia, 
(m) AUTHORIZATION OF APPROPRIATIONS.— 
(1) NATIONAL INSTITUTES.— 
(A) For the purpose of carrying out section 931, there 
is authorized to be appropriated $68,000,000 for fiscal year 
1995. 
(BXi) For the purpose of carrying out the provisions 
of section 931 relating to the National Institute on Student 
Achievement, 
Curriculum, 
and 
Assessment 
and 
the 
National Institute on the Education of At-Risk Students, 
there are authorized to be appropriated $60,000,000 for 
fiscal year 1996, and such sums as are necessary for each 
of fiscal years 1997, 1998, and 1999. 
(ii) Of the total amounts appropriated pursuant to 
clause (i)— 
(I) 50 percent shall be used by the Assistant Sec-
retary for the purpose of carrying out the provisions 
of section 931 relating to the National Institute on 
the Education of At-Risk Students; and 
(II) 50 percent shall be used for the purpose of 
carrying out the provisions of section 931 relating to 
the 
National 
Institute 
on Student 
Achievement, 
Curriculum, and Assessment, 
(C) For the purpose of carrying out the provisions 
of section 931 relating to the National Institute on Edu-
cational Grovernance, Finance, Policy-Making, and Manage-
ment, there are authorized to be appropriated $10,000,000 
for fiscal year 1996, and such sums as are necessary for 
each of fiscal years 1997, 1998, and 1999. 
(D) For the purpose of carrying out the provisions 
of section 931 relating to the National Institute on Early 
Childhood Development and Education, there are author-
ized to be appropriated $15,000,000 for fiscal year 1996, 
and such sums as are necessary for each of fiscal years 
1997, 1998, and 1999. 
(E) For the purpose of carrying out the provisions 
of section 931 relating to the National Institute on Post-
secondary Education, Libraries, and Lifelong Learning, 
there are authorized to be appropriated $15,000,000 for 
fiscal year 1996, and such sums as are necessary for each 
of fiscal years 1997, 1998, and 1999. 
(F) COORDINATION AND SYNTHESIS.—The Assistant Sec-
retary is authorized to reserve not more than 10 percent 
of the total amounts appropriated in any fiscal year pursu-
ant to subparagraphs (A) through (E) (but not more than 
33 percent of the amount appropriated for any single 
institute in any fiscal year) for the purposes of supporting 
coordination and synthesis activities described in section 
931(i) or to address other priorities which are consistent 
with the Research Priorities Plan developed by the Assist-
ant Secretary and approved by the Board. 
(2) NATIONAL EDUCATION DISSEMINATION SYSTEM.— 
(A)(i) For the purpose of carrying out paragraph (2) 
of subsection (b) and subsections (c) through (g) of section 
941, there are authorized to be appropriated $23,000,000 
108 STAT. 222 
PUBLIC LAW 103-227—MAR. 31, 1994 
for fiscal year 1995, and such sums as are necessary for 
each of the fiscal years 1996 through 1999, 
(ii) Of the amount appropriated under clause (i) for 
any fiscal year, the Secretary shall make available not 
less than $8,000,000 to carry out subsection (f) of section 
941 (relating to Educational Resources Information Center 
Clearinghouses). 
(B) For the purpose of carrying out subsection (h) of 
section 941 (relating to regional educational laboratories), 
there are authorized to be appropriated $41,000,000 for 
fiscal year 1995, and such sums as are necessary for each 
of the fiscal years 1996 through 1999. Of the amounts 
appropriated under the preceding sentence for a fiscal year, 
the Secretary shall obligate not less than 25 percent to 
carry out such purpose with respect to rural areas (includ-
ing schools funded by the Bureau which are located in 
rural areas). 
(C) For the purpose of carrying out subsection (j) of 
section 941 (relating to the teacher research dissemination 
demonstration program) there are authorized to be appro-
priated $20,000,000 for fiscal year 1995, and such sums 
as are necessary for each of the fiscal years 1996 through 
1999. 
(D) For the purpose of carrying out subsection (i) of 
section 941 (relating to the Goals 2000 Community Partner-
ships program), there are authorized to be appropriated 
$30,000,000 for fiscal year 1995, $50,000,000 for fiscal year 
1996, and such sums as are necessary for each of the 
fiscal years 1997 and 1999. 
(3) NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIOR-
ITIES BOARD.—Of the amounts appropriated under paragraphs 
(1) and (2) for any fiscal year, the Secretary shall make avail-
able 2 percent of such amounts, or $1,000,000, whichever is 
less, for the purpose of supporting the activities and expenses 
of the Board and the collaborative development of the Research 
Priorities Plan by the Assistant Secretary and the Board. 
(4) ALLOCATIONS FOR GRANTS, COOPERATIVE AGREEMENTS, 
AND CONTRACTS.—Of the amounts appropriated under para-
graph (1) or (2) for any fiscal year, not less than 95 percent 
shall be expended to carry out the purposes described in such 
paragraphs through grants, cooperative agreements, or con-
tracts. 
(5) 
LIMITATIONS ON APPROPRIATIONS.—No amounts 
are 
authorized to be appropriated under paragraph (1) or (2) for 
fiscal year 1996 or any fiscal year thereafter unless the Board 
has been appointed in accordance with section 921. 
(6) GRANT AUTHORIZED.— 
(A) IN GENERAL.—From the amounts appropriated 
pursuant to paragraph (1) for any fiscal year, the Secretary 
is authorized, in accordance with the provisions of this 
paragraph, to award a grant of not more than $5,000,000 
to a public or private institution, agency or organization 
for a period not to exceed 5 years for the purpose of conduct-
ing a State-by-State poll to determine the perceptions of 
recent graduates of secondary schools, their instructors 
in institutions of higher education, parents of recent such 
graduates, and employers of recent such graduates on how 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 223 
well schools have prepared students for further education 
or employment. 
(B) MATCHING REQUIREMENT.—The grant described in 
subparagraph (A) shall be awarded on a competitive basis 
and shall be matched on a two-to-one basis by the recipient. 
SEC. 913. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH AND 
IMPROVEMENT. 
Subsection (b) of section 202 of the Department of Education 
Organization Act is amended— 
20 USC 3412. 
(1) in paragraph (1)— 
(A) by striking subparagraph (E); and 
(B) by redesignating subparagraphs (F) and (G) as 
subparagraphs (E) and (F), respectively; and 
(2) by adding at the end the following new paragraph: 
"(3) There shall IKB in the Department an Assistant Secretary 
for Educational Research and Improvement who shall be— 
"(A) appointed by the I^esident, by and with the consent 
President. 
of the Senate; and 
"(B) selected (giving due consideration to recommendations 
from the National Educational Research Policy and Priorities 
Board) from among individuals who— 
''(i) are distinguished 
educational 
researchers 
or 
practitioners; 
"(ii) have proven m£tnagement ability; and 
"(iii) have substantial knowledge of education within 
the United States.". 
SEC. 914. SAVINGS PROVISION. 
Notwithstanding any other provision of law, contracts for the 
regional educational laboratories. Educational Resources Informa-
tion Center Clearinghouses and research and development centers 
and regional educational laboratories assisted under section 405 
of the Greneral Education Provisions Act, as such section was in 
effect on the day before the date of the enactment of this title, 
shall remain in effect until the termination date of such contracts. 
SEC. 915. EXISTING GRANTS AND CONTRACTS. 
(a) IN GENERAL.—Notwithstanding any other provision of law, 
grants and contracts for the research and development centers 
assisted under section 405 of the General Education Provisions 
Act, as such section was in effect on the day before the date 
of enactment of this Act, shall remain in effect until the termination 
date of such grants or contracts, as the case may be, except that 
such grants and contracts may be extended to implement the provi-
sions of this title. 
(b) U S E OF FUNDS.—In carrjring out subsection (a), the Sec-
retary shall use fimds appropriated pursuant to section 912(mXl). 
PART B—NATIONAL EDUCATIONAL RESEARCH 
POLICY AND PRIORITIES BOARD 
20 USC 1221e 
note. 
20 USC 1221e 
note. 
SEC. 921. ESTABLISHMENT 
WITHIN 
OFFICE 
OF 
EDUCATIONAL 20 USC 6021. 
RESEARCH AND IMPROVEMENT. 
(a) IN GENERAL.—^There is established within the Office a 
National Educational Research Policy and Priorities Board. 
\ . 
108 STAT. 224 
PUBLIC LAW 103-227—MAR. 31, 1994 
(b) FUNCTIONS.—It shall be the responsibility of the Board 
to— 
(1) work collaboratively with the Assistant Secretary to 
determine priorities that should guide the work of the Office 
and provide guidance to the Congress in its oversight of the 
Office; 
(2) review and approve the Research Priorities Plan devel-
oped by the Assistant Secretary in collaboration with the Board; 
(3) review and approve star iards for the conduct and 
evaluation of all research, development, and dissemination car-
ried out under the auspices of the Office pursuant to this 
title; and 
(4) review regularly, evaluate, and publicly comment upon, 
the implementation of its recommended priorities and policies 
by the Department and the Congress. 
(c) ADDITIONAL RESPONSIBILITIES OF THE BOARD.—It shall also 
be the responsibility of the Board to— 
(1) provide advice and assistance to the Assistant Secretary 
in carrying out the coordination activities described in section 
912; 
(2) make recommendations to the Assistant Secretary of 
persons qualified to fulfill the responsibilities of the Director 
of each research institute established by section 931 after mak-
ing special efforts to identify qualified women and minorities 
and soliciting and giving due consideration to recommendations 
from professional associations and interested members of the 
public; 
(3) advise and make recommendations to the President 
with respect to individuals who are qualified to fulfill the 
responsibilities of the Assistant Secretary for the Office; 
(4) review and comment upon proposed contract grant, 
and cooperative agreement proposals in accordance with section 
931(c)(4); 
(5) advise the United States on the Federal educational 
research and development effort; 
(6) recommend ways for strengthening active partnerships 
among researchers, educational practitioners, librarians, and 
policymakers; 
(7) recommend 
ways 
to strengthen 
interaction 
and 
collaboration between the various program offices and compo-
nents; 
(8) solicit advice and information from the educational field, 
to define research needs and suggestions for research topics, 
and shall involve educational practitioners, particularly teach-
ers, in this process; 
(9) solicit advice from practitioners, policymakers, and 
researchers, and recommend missions for the national research 
centers assisted under this title by identifying topics which 
require long-term, sustained, systematic, programmatic, and 
integrated research and dissemination efforts; 
(10) provide recommendations for translating research find-
ings into workable, adaptable models for use in policy and 
in practice across different settings, and recommendations for 
other forms of dissemination; and 
(11) provide recommendations for creating incentives to 
draw talented young people into the field of educational 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 225 
research, including scholars from disadvantaged and minority 
groups. 
(d) STANDING SUBCOMMITTEES.—The Board may establish a 
standing subcommittee for each of the Institutes established by 
section 931 and for the Office of Reform Assistance and Dissemina-
tion established by section 941(b) which shall advise, assist, consult 
with and make recommendations to the Assistant Secretary, the 
Board, the Director of such entity and the Congress on matters 
related to the activities carried out by and through such entities. 
(e) POWERS OF THE BOARD.—In carrying out its functions, pow-
ers, and responsibilities, the Board— 
(1) shall, without regard to the provisions of title 5, United 
States Code, relating to the appointment and compensation 
of officers or employees of the United States, appoint a director 
to be paid at a rate not to exceed the rate of basic pay payable 
for level V of the Executive Schedule who shall assist in carry-
ing out and managing the activities of the Board and perform 
such other functions the Board determines to be necessary 
and appropriate; 
(2) shall utilize such additional staff as may be appointed 
or assigned by the Assistant Secretary; 
(3) may arrange for the detail of staff personnel and utilize 
the services and facilities of any department or agency of the 
Federal Government; 
(4) may enter into contracts, or make other arrangements 
as may be necessary to carry out its functions; 
(5) shall participate in any public meetings or other activi-
ties carried out by the Assistant Secretary in the development 
of the Research Priorities Plan; 
(6) may review any grant, contract, or cooperative agree-
ment made or entered into by the Office; 
(7) may, to the extent otherwise permitted by law, obtain 
directly from any department or agency of the United States 
such information as the Board deems necessary to carry out 
its responsibilities; 
(8) may convene workshops and conferences, collect data, 
and establish subcommittees which may be composed of mem-
bers of the Board and nonmember consultants (including 
employees of the Department of Education) with expertise in 
the particular area addressed by such subcommittees; and 
(9) shall establish such rules and procedures to govern 
its operations as it considers appropriate, to the extent other-
wise permitted by law. 
(f) MEMBERSHIP IN GENERAL.— 
(1) QUALIFICATIONS.—The members of the Board shall be 
individuals who, by virtue of their training, experience, and 
background in educational research and the education profes-
sions, are exceptionally qualified to appraise the educational 
research and development effort of the United States and to 
fulfill the responsibilities described in subsections (b) and (c). 
(2) BROAD REPRESENTATION.—Due consideration shall be 
given to the gender, race, and ethnicity of appointees to assure 
that the Board is broadly representative of the diversity of 
the United States. 
(3) LIMITATION.—^A voting member of the Board may not 
serve on any other governing or advisory board within the 
108 STAT. 226 
PUBLIC LAW 103-227—MAR. 31, 1994 
Department of Education or as a paid consultant of such 
Department. 
(4) CONFLICT OF INTEREST.—^A voting member of the Board 
shall be considered a special Government employee for the 
purposes of the Ethics in Government Act of 1978. 
(g) SECRETARIAL APPOINTMENTS.—The Board shall consist of 
15 members appointed by the Secretary. Of the members of the 
Board— 
(1) five shall be appointed from among researchers in the 
field of education who have been nominated by the National 
Academy of Sciences; 
(2) five shall be outstanding school-based professional edu-
cators; and 
(3) five shall be individuals who are knowledgeable about 
the educational needs of the United States and may include 
parents with experience in promoting parental involvement 
in education, Chief State School Officers, local educational 
agency superintendents, principals, members of State or local 
boards of education or Bureau-funded school boards, and 
individuals from business and industry with experience in 
promoting private sector involvement in education. 
(h) REQUIREMENTS FOR NOMINATIONS BY THE NATIONAL ACAD-
EMY OF SCIENCES.— 
(1) IN GENERAL.—In making nominations for the members 
of the Board described in subsection (g)(1), the National Acad-
emy of Sciences— 
(A) shall give due consideration to recommendations 
from research and education organizations; 
(B) may not nominate any individual who is an elected 
officer or employee of such organization; and 
(C) shall nominate not less than 5 individuals for each 
of the positions on the Board for which such organization 
has responsibility for making nominations. 
(2) REQUEST FOR ADDITIONAL NOMINATIONS.—In the event 
that the Secretary determines that none of the individuals 
nominated by the National Academy of Sciences meets the 
qualifications for membership on the Board specified in sub-
section (g), the Secretary may request that such organization 
make additional nominations. 
(i) NOMINATIONS FOR BOARD MEMBERSHIP.—Prior to appointing 
any member of the Board, the Secretary shall actively solicit and 
give due consideration to recommendations from organizations such 
as the National Education Association, the American Federation 
of Teachers, the National Parent-Teachers Association, the Amer-
ican Library Association, the American Association of School 
Administrators, the National Association of State Boards of Edu-
cation, the National Indian School Board Association, the Associa-
tion of Community Tribal Schools, the National Indian Education 
Association, 
and other 
education-related 
organizations and 
interested members of the public. 
(j) Ex OFFICIO MEMBERS.—The ex officio, nonvoting members 
of the Board shall include the Assistant Secretary and may also 
include— 
(1) the Director of Research for the Department of Defense; 
(2) the Director of Research for the Department of Labor; 
(3) the Director of the National Science Foundation; 
(4) the Director of the National Institutes of Health; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 227 
(5) the chair of the National Endowment for the Arts; 
(6) the chair of the National Endowment for the Human-
ities; 
(7) the Librarian of Congress; and 
(8) the Director of the Office of Indian Education Programs 
of the Department of the Interior. 
(k) CHAIR.—^The Board shall select a Chair from among its 
appointed members who shall serve for a renewable term of 2 
years. 
(1) TERMS OF OFFICE.— 
(1) IN GENERAL.—Except as provided in paragraphs (2) 
and (3), the term of office of each voting member of the Board 
shall be 6 years. 
(2) EXCEPTIONS.—(A) Any individual appointed to fill a 
vacancy occurring on the Board prior to the expiration of the 
term for which the predecessor of the individual was appointed 
shall be appointed for the remainder of the term. A vacancy 
shall be filled in the same manner in which the original appoint-
ment was made. 
(B) The terms of office of the members of the Board who 
first take office after the date of the enactment of this title 
shall, as designated by a random selection process at the time 
of appointment, be as follows: 
(i) 3 years for each of 5 members of the Board. 
(ii) 4 years for each of 5 members of the Board. 
(iii) 6 years for each of 5 members of the Board. 
(3) PROHIBITION ON CERTAIN CONSECUTIVE TERMS.—An 
individual who has been a member of the Board for 12 consecu-
tive years shall thereafter be ineligible for appointment during 
the 6-year period beginning on the date of the expiration of 
the 12th year. 
(4) PROHIBITION REGARDING REMOVAL.—The Secretary shall 
neither remove nor encourage the departure of a member of 
the Board before the expiration of such member's term. 
(m) MEETINGS OF BOARD.— 
(1) INITIAL MEETING.—The Secretary shall ensure that the 
first meeting of the Board is held not later than May 15, 
1995. 
(2) SUBSEQUENT MEETINGS.—The Board shall meet quar-
terly, at the call of the Chair, and when at least one-third 
of tne members of the Board make a written request to meet. 
(3) QUORUM.—^A majority of the Board shall constitute 
a quorum. 
(4) OPEN MEETINGS.—^The Government in the Sunshine 
Act (5 U.S.C. 552b) shall apply to meetings of the Board. 
PART C—NATIONAL RESEARCH INSTITUTES 
SEC. 931. ESTABUSHMENT WITHIN THE OFFICE OF EDUCATIONAL 
20 USC 6031. 
RESEARCH AND IMPROVEMENT. 
(a) ESTABLISHMENT OF INSTITUTES.—In order to fulfill the 
research and development purposes of the Office, and to carry 
out a program of high-quality and rigorously evaluated research 
and development that is capable of improving Federal, State, Indian 
tribal, and local education oolicies and practices, there are estab-
lished within the Office the following Institutes: 
108 STAT. 228 
PUBLIC LAW 103-227-MAR. 31, 1994 
Grants. 
Contracts. 
(1) The National Institute on Student 
Achievement, 
Curriculum, and Assessment. 
(2) The National Institute on the Education of At-Risk 
Students. 
(3) The National Institute on Educational Governance, 
Finance, Policy-Making, and Management. 
(4) The National Institute on Early Childhood Development 
and Education. 
(5) The National Institute on Postsecondary Education, 
Libraries, and Lifelong Education. 
(b) DIRECTORS.— 
(1) IN GENERAL.—Each Institute established by subsection 
(a) shall be headed by a Director who shall be appointed by 
the Assistant Secretary from among individuals who have 
significant experience and expertise in the disciplines relevant 
to the purposes of such Institute. The Assistant Secretary shall 
give due consideration to recommendations made by the Board 
of individuals qualified to fill the position. 
(2) REPORTING.—Each Director shall report directly to the 
Assistant Secretary regarding the activities of the Institute 
and shall work with the other directors to promote research 
synthesis across the Institutes. 
(c) AUTHORITIES AND DUTIES.— 
(1) IN GENERAL.—^The Assistant Secretary is authorized 
to conduct research, development, demonstration, and evalua-
tion activities to carry out the purposes for which such Institute 
was established— 
(A) directly; 
(B) through grants, contracts, and cooperative agree-
ments with institutions of higher education, regional edu-
cational laboratories, public and private organizations, 
institutions, agencies, and individuals, or a consortium 
thereof, which may include— 
(i) grants to support research and development 
centers which are— 
(I) awarded competitively for a period of 5 
years and which may be renewed for an additional 
5 years; 
(II) of sufficient size, scope, and quality, and 
funded at not less than $1,500,000 annually in 
order to support a full range of basic research, 
applied research and dissemination 
activities, 
which may also include development activities; and 
(III) established by institutions of higher edu-
cation, by institutions of higher education in 
consortium with public agencies or private non-
profit organizations, or by interstate agencies 
established by compact which operate subsidiary 
bodies established to conduct postsecondary edu-
cational research and development; 
(ii) meritorious unsolicited proposals for edu-
cational research and related activities; 
(iii) proposals that are specifically invited or 
requested by the Assistant Secretary, on a competitive 
basis; and 
(iv) dissertation grants, awarded for a period of 
not more than 2 years and in a total amount not 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 229 
to exceed $20,000 to graduate students in the sciences, 
humanities, and the arts to support research by such 
scholars in the field of education; 
(C) through the provision of technical assistance; 
(D) through the award of fellowships to support grad-
uate study in educational research by qualifiea African-
American, Hispanic, American Indian and Alaska Native, 
and other individuals from groups which have been 
traditionally underrepresented in the field of educational 
research which shall— 
(i) be awarded on the basis of merit for a period 
Federal 
of 3 years; and 
^ubuStion 
(ii) provide stipends to each fellow in an amount 
^" 
which shall be set at a level of support comparable 
to that provided by the National Science Fotmdation 
Graduate Fellowships, except that such amounts shall 
be adjusted as necessary so as not to exceed each 
fellow's demonstrated level of need; and 
(E) through the award of fellowships in the Office 
for 
scholars, 
researchers, 
polic3niiakers, 
education 
practitioners, librarians, and statisticians engaged in the 
use, collection, and dissemination of information about edu-
cation and educational research which— 
(i) shall be awarded following the biennial publica-
tion in the Federal Register of proposed research prior-
ities and a period of 60 days for public comments 
and suggestions with respect to such priorities; 
(ii) shall be awarded competitively following the 
publication of a notice in the Federal Register inviting 
the submission of applications; and 
(iii) may include such stipends and allowances, 
including travel and subsistence expenses provided 
under title 5, United States Code, as the Assistant 
Secretary considers appropiiate. 
(2) SCOPE AND FOCUS OF ACTIVITIES.—In carrying out 
the 
)urposes for which each Institute is established, the Assistant 
Secretary shall— 
(A) maintain an appropriate balance between applied 
and basic research; 
(B) significantly expand the role of 
field-initiated 
research in meeting the education research and develop-
ment needs of the United States by reserving not less 
than 20 percent of the amounts available to each Institute 
in fiscal years 1996 and 1997 and 25 percent in fiscal 
years 1998 and 1999 to support field-initiated research; 
(C) provide for and maintain a stable foundation of 
long-term research and development on core issues and 
concerns conducted through university-based research and 
development centers by reserving not less than one-third 
of the amounts available to each Institute in any fiscal 
year to support such research and development centers; 
(D) support and provide research information that 
leads to policy formation by State legislatures. State and 
local boards of education, schools funded by the Bureau, 
and other policy and governing bodies, to assist such enti-
ties in identifying and developing effective policies to pro-
mote student achievement and school improvement; 
108 STAT. 230 
PUBLIC LAW 103-227—MAR. 31, 1994 
Federal 
Register, 
publication. 
(E) promote research that is related to the core content 
areas; 
(F) plan and coordinate syntheses that provide research 
knowledge related to each level of the education system 
(from preschool to postsecondary education) to increase 
understanding of student performance across different edu-
cational levels; 
(G) conduct and support research in early childhood, 
elementary and secondary, vocational, adult and post-
secondary education (including the professional develop-
ment of teachers) to the extent that such research is related 
to the purposes for which such Institute has been estab-
lished; 
(H) conduct sustained research and development on 
improving the educational achievement of poor and minor-
ity individuals as an integral part of its work; and 
(I) coordinate the Institute's activities with the activi-
ties of the regional educational laboratories and with other 
educational 
service 
organizations 
in 
designing 
the 
Institute's research agenda and projects in order to increase 
the responsiveness of such Institute to the needs of teachers 
and the educational field and to bring research findings 
directly into schools to ensure greatest access at the local 
level to the latest research developments. 
(3) REQUIREMENTS REGARDING FINANCIAL ASSISTANCE.—NO 
grant, contract, or cooperative agreement may be made under 
this title unless— 
(A) sufficient notice of the availability of, and oppor-
tunity to compete for, assistance has first been provided 
to potential applicants through notice published in the 
Federal Register or other appropriate means; 
(B) such grant, contract, or agreement has been evalu-
ated through peer review in accordance with the standards 
developed pursuant to section 912(i); 
(C) such grant, contract, or agreement will be evaluated 
in accordance with the standards developed pursuant to 
section 912(i); 
(D) in the case of a grant, contract, or cooperative 
agreement which exceeds $500,000 for a single fiscal year 
or $1,000,000 for more than one fiscal year, the Secretary 
has complied with the requirements of paragraph (4); and 
(E) in the case of a grant, contract, or cooperative 
agreement to support a research and development center, 
all applications for such assistance have been evaluated 
by independent experts according to standards and criteria 
which include— 
(i) whether applicants have assembled a group 
of high quality researchers sufficient to achieve the 
mission of the center; 
(ii) whether the proposed organizational structure 
and arrangements will facilitate achievement of the 
mission of the center; 
(iii) whether there is a substantial staff commit-
ment to the work of the center; 
(iv) whether the directors and support staff will 
devote a majority of their time to the activities of 
the center; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 231 
(v) review of the contributions of primary research-
ers (other than researchers at the proposed center) 
to evaluate the appropriateness of such primary 
researcher's experiences and expertise in the context 
of the proposed center activities, and the adequacy 
of such primary researcher's time commitment to 
achievement of the mission of the center; and 
(vi) the manner in which the results of education 
research will be disseminated for further use, including 
how the center will work with the Office of Reform 
Assistance and Dissemination. 
(4) BOARD REVIEW OF CERTAIN PROPOSED GRANT AND CON-
TRACT ACTIONS.—The Assistant Secretary may not solicit any 
contract bid or issue a request for proposals or applications 
for any grant or cooperative agreement the amount of which 
exceeds $500,000 in any single fiscal year or which exceeds 
an aggregate amount of $1,000,000 for more than one fiscal 
year unless the Board has had an opportunity to review such 
proposed grant, contract, or cooperative agreement and to pro-
vide written comments to the Assistant Secretary with respect 
to whether— 
(A) the purposes and scope of the proposed action are 
consistent with the Research Priorities Plan; and 
(B) the methodology and approach of the proposed 
action are sound and adequate to achieve the objectives 
of such grant, contract, or cooperative agreement. 
(5) 
HISTORICALLY 
UNDERUTILIZED 
RESEARCHERS 
AND 
INSTITUTIONS.—The Assistant Secretary shall establish and 
maintain initiatives and programs to increase the participation 
in the activities of each Institute of groups of researchers and 
institutions that have been historically underutilized in Federal 
educational research activities, including— 
(A) researchers who are women, African-American, 
Hispanic, American Indian and Alaska Native, or other 
ethnic minorities; 
(B) promising young or new researchers in the field, 
such as postdoctoral students and recently appointed assist-
ant or associate professors; 
(C) Historically Black Colleges and Universities, Trib-
ally Controlled Community Colleges, and other institutions 
of higher education with large numbers of minority stu-
dents; 
(D) institutions of higher education located in rural 
areas; and 
(E) institutions and researchers located in States and 
regions of the United States which have historically 
received the least Federal support for educational research 
and development. 
(6) ADDITIONAL AUTHORITIES.—The Assistant Secretary— 
(A) may obtain (in accordance with section 3109 of 
title 5 but without regard to the limitation in such section 
on the period of service) the services of experts or consult-
ants with scientific or professional qualifications in the 
disciplines relevant to the purposes of such Institute; 
(B) may use, with their consent, the services, equip-
ment, personnel, information, and facilities of other Fed-
Women. 
Minorities. 
Native 
Americans. 
79-194 O—95—9 : QL 3 Part 1 
108 STAT. 232 
PUBLIC LAW 103-227—MAR. 31, 1994 
eral, State, or local public agencies, with or without 
reimbursement therefore; and 
(C) may accept voluntary and uncompensated services, 
(d) NATIONAL INSTITUTE ON STUDENT ACHIEVEMENT, CURRICU-
LUM, AND ASSESSMENT.— 
(1) FINDINGS.—The Congress finds as follows: 
(A) The current achievement levels of students in the 
United States are far below those that might indicate com-
petency in challenging subject matter in core content areas. 
(B) During the last 20 years, relatively little changed 
in how students were taught. Despite much research 
suggesting better alternatives, classrooms continue to be 
dominated by textbooks, teacher lectures, short-answer 
activity sheets, and unequal patterns of student attention. 
(C) Despite progress in narrowing the gaps, the dif-
ferences in performance between Caucasian students and 
their minority counterparts remain unacceptably large. 
While progress has been made in reducing the gender 
gap in mathematics, such gap still remains at higher levels 
of problem solving. Too little progress has been made in 
reducing gender performance gaps favoring males in science 
and females in writing. 
(2) PURPOSE.—^The purpose of the National Institute on 
Student Achievement, Curriculum, and Assessment is to carry 
out a coordinated and comprehensive program of research and 
development to provide research-based leadership to the United 
States as it seeks to improve student achievement in core 
content areas and the integration of such areas. Such program 
shall— 
(A) identify, develop, and evaluate innovative and 
exemplary methods to improve student knowledge at all 
levels in the core content areas, such as— 
(i) student learning and assessment in various sub-
ject matters; 
(ii) the effects of organizational patterns on the 
delivery of instruction, including issues of grouping 
and tracking, ungraded classrooms, and on the effects 
of various pedagogies, including the issues of tech-
nology in education; 
(iii) standards for what students should know and 
be able to do, particularly standards of desired perform-
ance set to internationally competitive levels; 
(iv) methods to improve the process of reading, 
the craft of writing, the growth of reasoning skills, 
and the development of information-finding skills; 
(v) enabling students to develop higher order 
thinking skills; 
(vi) methods to teach effectively all students in 
mixed-ability classrooms; 
(vii) curriculum, instruction, and assessment, in 
vocational education and school-to-work transition; 
(viii) the impact and effectiveness of Federal, State, 
and local efforts to provide gender-fair educational 
opportunities to elementary and secondary students; 
(ix) programs, policies, and approaches which pro-
mote gender equity in elementary and secondary edu-
cation; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 233 
(x) improving the working conditions of teachers 
and other educational practitioners, which may include 
such topics as— 
(I) teacher isolation; 
(II) professional resources available to teach-
ers; 
(III) continuing educational and professional 
opportunities available to teachers; 
(IV) physical facilities and equipment, such 
as office space, telephone, computer access, and 
fax machines and television cable access available 
to teachers in the work environment; 
(V) opportunities 
for 
teachers 
to 
share 
information and resources with other teachers and 
education professionals; 
(VI) opportunities 
for 
advanced 
learning 
experience; and 
(VII) the reduction of stress in the teaching 
profession; 
(xi) curriculum development designed to meet chal-
lenging standards, including State efforts to develop 
such curriculum; 
(xii) the need for, and methods of delivering, 
teacher education, development, and inservice training; 
(xiii) educational methods and activities to reduce 
and prevent violence in schools; 
(xiv) the use of technology in learning, teaching 
and testing; and 
(xv) other topics relevant to the mission of the 
institute; 
(B) conduct basic and applied research in the areas 
of human learning, cognition, and performance, including 
research and development on the education contexts which 
promote excellence in learning and instruction, and motiva-
tional issues related to learning; 
(C) identify, develop, and evaluate programs designed 
to enhance academic achievement and narrow racial and 
gender performance gaps in a variety of subject areas, 
including research and development on methods of involv-
ing parents in their children's education and ways to 
involve business, industry and other community partners 
in promoting excellence in schools; and 
(D) include a comprehensive, coordinated program of 
research and development in the area of assessment 
which— 
(i) addresses issues such as— 
(I) the validity, reliability, generalizability, 
costs, relative merits, and most appropriate uses 
of various approaches and methods of assessing 
student learning and achievement; 
(II) methods and approaches to assessing stu-
dent opportunities to learn (including the quality 
of instruction and the availability of resources nec-
essary to support learning) and evaluating the 
quality of school environment; 
(III) the impact of high-stakes uses of assess-
ment on student performance and motivation. 
108 STAT. 234 
PUBLIC LAW 103-227-MAR. 31, 1994 
narrowing of curriculum, teaching practices, and 
test integrity; 
(IV) the impact of various methods of assess-
ment on children of different races, ethnicities, 
gender, socioeconomic status, and English lan-
guage proficiencies, and children with other special 
needs; 
(V) standards of performance, quality, and 
validity for various methods of assessment and 
the means by which such standards should be 
developed; 
(VI) current and emerging testing practices 
of State and local education agencies within the 
United States, as well as other nations; 
(VII) the diverse effects, both intended and 
unintended, of assessments as actually used in 
the schools, including effects on curriculum and 
instruction, effects on equity in the allocation of 
resources and opportunities, effects on equity of 
outcomes, effects on other procedures and stand-
ards for judging students and practitioners and 
possible inflation of test scores; 
(VIII) identifying and evaluating how students 
with limited-English proficiency and students with 
disabilities are included and accommodated in the 
various assessment programs of State and local 
education agencies; 
(IX) the feasibility and validity of comparing 
or equating the results of different assessments; 
(A) test security, accountability, validity, reU-
ability, and objectivity; 
(XI) relevant teacher training and instruction 
in giving a test, scoring a test, and in the use 
of test results to improve student achievement; 
(XII) developing, identifying, or evaluating 
new educational assessments, including perform-
ance-based and portfolio assessments which dem-
onstrate skill and a command of knowledge; and 
(XIII) other topics relevant to the purposes 
of the Institute; and 
(ii) may reflect recommendations made by the 
National Education Groals Panel. 
(e) NATIONAL INSTITUTE ON THE EDUCATION OF AT-RISK STU-
DENTS.— 
(1) FINDINGS.—^The Congress finds as follows: 
(A) The rate of decline in our urban schools is escalat-
ing at a rapid pace. Student performance in most inner 
city schools grows worse each year. At least half of all 
students entering ninth grade fail to ^aduate 4 vears 
later and many more students from high-poverty back-
grounds leave school with skills that are inadequate for 
todav's workplace. Student performance in many inner city 
neighborhoods grows worse each year. At least half of 
all students entering ninth grade fail to graduate in 4 
years. In 1992, the average National Assessment of Edu-
cational Progress reading score of Caucasian 17 year-olds 
was approximately 25 points higher than that of African-
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 235 
American 17 year-olds and 20 points higher than that 
of Hispanic 17 year-olds. 
(B) Rural schools enroll a disproportionately large 
share of the poor and at-risk students of the United States 
and yet often lack the means to address effectively the 
needs of these children. Intensive efforts should be made 
to overcome the problems of geographic isolation, declining 
population, inadequate financial 
resources and 
other 
impediments to the educational success of children residing 
in rural areas. 
(C) By the year 2000, an estimated 3,400,000 school 
age children with limited-English proficiency will be enter-
ing the school system. The Federal Government should 
develop effective policies and programs to address the edu-
cational needs of this growing population of children who 
are at increased risk of educational failure. 
(D) An educational emergency exists in those urban 
and rural areas where there are large concentrations of 
children who live in poverty. The numbers of disadvantaged 
children will substantially increase by the year 2020, when 
the number of impoverished children alone will be 
16,500,000, a 33 percent increase over the 12,400,000 chil-
dren in poverty in 1987. 
(E) American Indian and Alaska Native students have 
high dropout, illiteracy and poverty rates, and experience 
cultural, linguistic, social and geographic isolation. The 
estimated 400,000 Indian and Alaska Native student popu-
lation from over 500 Indian and Alaska Native tribes, 
is small and scattered throughout remote reservations and 
villages in 32 States, and in off-reservation rural and urban 
communities where Indians constitute but a small percent-
age of public school student bodies. To meaningfully 
address the special educational needs of this historically 
under-served population, the existing research and develop-
ment system should be opened to Indian and Alaska Native 
people to identify needs and design ways to address such 
needs. 
(F) Minority scholars as well as institutions and groups 
that have been historically committed to the improvement 
of the education of at-risk students need to be more fully 
mobilized in the effort to develop a new generation of 
programs, models, practices, and schools capable of 
responding to the urgent needs of students who are 
educationally at-risk. 
(2) PURPOSE.—It shall be the purpose of the Institute on 
the Education of At-Risk Students to carry out a coordinated 
and comprehensive program of research and development to 
provide nonpartisan, research-based leadership to the United 
States as it seeks to improve educational opportunities for 
atrrisk students. Such program shall— 
(A) undertake research necessary to provide a sound 
basis f^om which to identify, develop, evaluate, and assist 
others to replicate and adapt interventions, programs, and 
models which promote greater achievement and educational 
success by at-risk students, such as— 
108 STAT. 236 
PUBLIC LAW 103-227—MAR. 31, 1994 
(i) methods of instruction and educational practices 
(including community services) which improve the 
achievement and retention of at-risk students; 
(ii) the 
quality 
of educational 
opportunities 
afforded at-risk students, particularly the quality of 
educational opportunities afforded such students in 
highly concentrated urban areas and sparsely popu-
lated rural areas; 
(iii) methods for overcoming the barriers to learn-
ing that may impede student achievement; 
(iv) innovative teacher training and professional 
development methods to help at-risk students meet 
challenging standards; 
(v) methods to improve the quality of the education 
of American Indian and Alaska Native students not 
only in schools funded by the Bureau, but also in 
public elementary and secondary schools located on 
or near Indian reservations, including— 
(I) research on mechanisms to facilitate the 
establishment of tribal departments of education 
that assume responsibility for all education pro-
grams of State educational agencies operating on 
an Indian reservation and all education programs 
funded by the Bureau on an Indian reservation; 
' 
(II) research on the development of culturally 
appropriate curriculum for American Indian and 
Alaska 
Native 
students, 
including 
American 
Indian and Alaska Native culture, language, geog-
raphy, history and social studies, and graduation 
requirements related to such curriculum; 
(III) research on methods for recruiting, train-
ing and retraining qualified teachers from Amer-
ican Indian and Alaska Native communities, 
including research to promote flexibility in the cri-
teria for certification of such teachers; 
(IV) research on techniques for improving the 
educational achievement of American Indian and 
Alaska Native students, including methodologies 
to reduce dropout rates and increase graduation 
by such students; and 
(V) research concerning the performance by 
American Indian and Alaska Native students of 
limited-English 
proficiency 
on 
standardized 
achievement tests, and related factors; 
(vi) means by which parents and community 
resources and institutions (including cultural institu-
tions) can be utilized to support and improve the 
achievement of at-risk students; 
(vii) the training of teachers and other educational 
professionals and paraprofessionals to work more effec-
tively with at-risk students; 
(viii) the most effective uses of technology in the 
education of at-risk students; 
(ix) programs designed to promote gender equity 
in schools that serve at-risk students; 
(x) improving the ability of classroom teachers and 
schools to assist new and diverse populations of stu-
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 237 
dents in successfully assimilating into the classroom 
environment; 
(xi) methods of assessing the achievement of stu-
dents which are sensitive to cultural differences, pro-
vide multiple methods of assessing student learning, 
support student acquisition of higher order capabilities, 
and enable identification of the effects of inequalities 
in the resources available to support the learning of 
children throughout the United States; and 
(xii) other topics relevant to the purpose of the 
Institute; and 
(B) maximize the participation of those schools and 
institutions of higher education that serve the greatest 
number of at-risk students in inner city and rural areas, 
and on Indian reservations, including model collaborative 
programs between schools and school systems, institutions 
of higher education, cultural institutions, and community 
organizations. 
(3) CONSULTATION WITH INDIAN AND ALASKA NATIVE EDU-
CATORS.—^All research and development activities supported by 
the Institute which relate to the education of Indian and Alaska 
Native students shall be developed in close consultation with 
Indian and Alaska Native researchers and educators, Tribally 
Controlled Community Colleges, tribal departments of edu-
cation, and others with expertise in the needs of Indian and 
Native Alaska students. 
(f) NATIONAL INSTITUTE ON EARLY CHILDHOOD DEVELOPMENT 
AND EDUCATION.— 
(1) FINDINGS.—^The Congress finds as follows: 
(A) Despite efforts to expand and improve preschool 
programs, many children still reach school age imprepared 
to benefit from formal education programs. 
(B) Early intervention for disadvantaged children from 
birth to age five has been shown to be a highly cost-
effective strategy for reducing later expenditures on a wide 
variety of health, developmental, and educational problems 
that often interfere with learning. Long-term studies of 
the benefits of preschool education have a demonstrated 
return on investment ranging from three to six dollars 
for every one dollar spent. 
(C) The Federal Government should play a central 
role in providing research-based information on early child-
hood education models which enhance children's develop-
ment and ultimately their success in school. 
(2) PURPOSE.—^The purpose of the National Institute on 
Early Childhood Development and Education is to carry out 
a comprehensive program of research and development to pro-
vide nonpartisan, research-based leadership to the United 
States as it seeks to improve early childhood development and 
education. Such program shall undertake research necessary 
to provide a sound basis from which to identify, develop, evalu-
ate, and assist others to replicate methods and approaches 
that promise to improve early childhood development and edu-
cation, such as— 
(A) social and educational development of infants, tod-
dlers, and preschool children; 
108 STAT. 238 
PUBLIC LAW 103-227—MAR. 31, 1994 
(B) the role of parents and the community in promoting 
the successful social and educational development of chil-
dren from birth to age five; 
(C) topics relating to children's readiness to learn, such 
as prenatal care, nutrition, and health services; 
(D) family literacy and parental involvement in student 
learning; 
(E) methods for integrating learning in settings other 
than the classroom, particularly within families 
and 
commimities; 
(F) practices and approaches which sustain the benefits 
of effective preschool and child care programs; 
(G) effective learning methods and curriculum for early 
childhood learning, including access to current materials 
in libraries; 
(H) the importance of family literacy and parental 
involvement in student learning; 
(I) effective teaching and learning methods, and 
curriculum; 
(J) instruction that considers the cultural environment 
of children; 
(K) access to current materials in libraries; 
(L) the impact that outside influences have on learning, 
including television, and drug and alcohol abuse; 
(M) the structure and environment of early childhood 
education and child care settings which lead to improved 
social and educational development; 
(N) training and preparation of teachers and other 
professional and paraprofessional preschool and child care 
workers; 
(O) the use of technology, including methods to help 
parents instruct their children; and 
(P) other topics relevant to the puipose of the Institute. 
(3) CERTAIN REQUIREMENTS.—In carrjring out the activities 
of the Institute, the Assistant Secretary shall ensure that the 
Institute's 
research 
and 
development 
program 
provides 
information that can be utilized in improving the major Federal 
early childhood education programs. 
(g) 
NATIONAL 
INSTITUTE 
ON 
EDUCATIONAL GOVERNANCE, 
FINANCE, POLICY-MAKING, AND MANAGEMENT.— 
(1) FINDINGS.—The Congress finds as follows: 
(A) Many elementary and secondary schools in the 
United States— 
(i) are structured according to models that are 
ineffective and rely on notions of management and 
governance that may be outdated or insiifficient for 
the challenges of the next century; and 
(ii) are unsuccessful in equipping all students with 
the knowledge and skills needed to succeed as citizens 
and in the working world. 
(B) New approaches are needed in the governance and 
management of elementary and secondary education within 
the United States at the State, local, school building and 
classroom level. 
(C) Not^nough is known about the effects of various 
systems of school governance and management on student 
achievement to provide sound guidance to policjnnakers 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 239 
as such polic)anakers pursue school restructuring and 
reform. 
(D) A concentrated Federal effort is needed to support 
research, development, demonstration, and evaluation of 
approaches to scnool governance, finance and management 
which promise to improve education equity and excellence 
throughout the United States. 
(2) PURPOSE.—It shall be the purpose of the National 
Institute on Educational Grovemance, Finance, Policy-Making, 
and Management to carry out a coordinated and comprehensive 
program of research and development to provide nonpartisan, 
research-based leadership to the United States as it seeks 
to improve student achievement through school restructuring 
and reform. Such program shall undertake research necessary 
to provide a sound basis from which to identify, develop and 
evaluate approaches in elementary and secondary school 
governance, finance, policy-making, and management at the 
State, local, tribal, scnool building and classroom level which 
promise to improve educational equity and excellence, such 
as— 
(A) open enrollment programs, public school choice, 
magnet schools and other systems through which parents 
may select the public schools and educational programs 
in which their children are enrolled; 
(B) innovative school design, including lengthening the 
school day and the school year, reducing class size and 
building professional development into the weekly school 
schedule and, as appropriate, conducting such further 
research as may be recommended or suggested by the 
report issued by the National Education Commission on 
Time and Learning pursuant to section 102 of the Edu-
cation Council Act of 1991 (20 U.S.C. 1221-1 note); 
(C) effective approaches to organizing learning; 
(D) effective ways of grouping students for learning 
so that a student is not labeled or stigmatized in ways 
that may impede such student's achievement; 
(E) effective approaches to organizing, structuring, and 
financing vocational education; 
(F) the provision of financial and other rewards and 
incentives to schools and educators based on performance 
to improve student achievement; 
(G) the use of regulatory flexibility on the State or 
school district level to promote innovation and school 
restructuring; 
(H) policy decisions at all levels and the impact of 
such decisions on school achievement and other student 
outcomes; 
(I) the effective use of dollars for classroom construc-
tion; 
(J) expanding the role of teachers in polic3anaking and 
administration at the school and school district-wide level; 
(K) disparity in school financing among States, school 
districts, schools, and schools funded by the Bureau; 
(L) the use of technology in areas such as assisting 
in school-based management or ameliorating the effects 
of disparity in school financing among States, school dis-
tricts, and schools funded by the Bureau; 
108 STAT. 240 
PUBLIC LAW 103-227—MAR. 31, 1994 
(M) the involvement of parents and families in the 
management and governance of schools and the education 
of their children; 
(N) efTective approaches to increasing the representa-
tion of women and minorities among leadership and 
management positions in education; 
(O) approaches to systemic reforms involving the 
coordination of multiple policies of each level of government 
to promote higher levels of student achievement; 
(P) approaches to coordinated services for children; 
(Q) teacher certification at the State and tribal levels; 
(R) school-based management, shared decisionmaking 
and other innovative school structures, and State and local 
reforms and educational policies, which show promise for 
improving student achievement; 
(S) policies related to school-to-work transitions and 
preparing non-college-bound students; and 
(T) other topics relevant to the mission of the Institute, 
(h) 
NATIONAL 
INSTITUTE 
ON 
POSTSECONDARY EDUCATION, 
LIBRARIES, AND LIFELONG LEARNING.— 
(1) FINDINGS.—^The Congress finds as follows: 
(A) The American system of postsecondary education 
is foremost in the world in such system's achievement 
of both academic excellence and equity in access, but 
maintaining that preeminence requires renewed efforts to 
strengthen the quality of postsecondary education. Dis-
appointing student performance on achievement tests and 
licensure examinations, declining rates of postsecondary 
education persistence and completion among minorities, 
and other troubling trends in the quality of postsecondary 
education should be addressed by the United States as 
part of its overall drive to improve American education. 
(B) The need to improve our economic productivity 
of the United States to meet the competitive challenges 
of a new, international economy, coupled with high levels 
of mobility in the United States labor market and demo-
graphic changes in the workforce, now demands more and 
higher quality programs of learning and training in the 
American workplace. 
(C) The more than 1,000,000 men and women incarcer-
ated in the prisons and jails in the United States are 
among the most severely educationally disadvantaged in 
the United States, with high rates of functional illiteracy 
and extremely low levels of educational attainment. Since 
an estimated 90 percent of these individuals are expected 
to be released by the end of the decade, the United States 
must act to assure that our correctional system has the 
means to equip these Americans with the knowledge and 
skills they will need to participate productively in our 
society. 
(D) The development of a "Nation of Students" capable 
of and committed to the pursuit of formal and informal 
lifelong learning and literacy is essential to sustain both 
national and individual economic success and to provide 
a nurturing environment in which all children and youth 
can learn and achieve. Historically the most effective 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 241 
community resource for lifelong learning, the public library 
system of the United States, should expand and restructure 
its delivery of services to take full advantage of the poten-
tial of new information technologies to meet the needs 
of learning communities. 
(2) PURPOSE.—^The purpose of the National Institute on 
Postsecondary Education, Libraries, and Lifelong Learning is 
to promote greater coordination of Federal research and devel-
opment on issues related to adult learning and to carry out 
a program of research and development in adult learning to 
provide nonpartisan, research-based leadership to the United 
States as it seeks to improve libraries, postsecondary education, 
literacy, and lifelong learning througnout the United States. 
Such program— 
(A) shall only support research and development in 
those areas of postsecondary education, libraries, literacy, 
and lifelong learning which are not being addressed by 
other entities within the Federal Government; 
(B) may include basic and applied research, develop-
ment, replication, and evaluation activities in areas such 
as— 
(i) methods of assessing and evaluating individual, 
program, and institutional performance; 
(ii) the uses and applications of new technologies 
to improve progrcim effectiveness and enhance student 
learning; 
(iii) the most effective training methods for adults 
to upgrade education and vocational skills; 
(iv) opportimities for adults to continue their edu-
cation beyond higher education and graduate school, 
in the context of lifelong learning and information-
finding skills; 
(v) adult literacy and effective methods, including 
technology, to eliminate illiteracy; 
(vi) preparing students for a lifetime of work, the 
ability to adapt through retraining to the changing 
needs of the work force and the ability to learn new 
tasks; 
(vii) the use of technology to develop and deliver 
effective training methods for adults to upgrade their 
education and their vocational skills; and 
(viii) institutional and classroom policies and prac-
tices at the postsecondary level necessary to improve 
matriculation, persistence, achievement and gradua-
tion by students who are economically disadvantaged, 
ethnic and racial minorities, women, older, working, 
and who have children; 
(ix) instructional practices and programs which 
are effective in correctional settings; 
(x) new models of service delivery for public library 
systems which expand opportimities for lifelong learn-
ing; 
(xi) effective programs and approaches which pro-
mote greater access to and success by minorities in 
postsecondary programs which prepare such minorities 
for scientific, technical, teaching, and health career 
fields; 
108 STAT. 242 
PUBLIC LAW 103-227—MAR. 31, 1994 
(xii) effective teaching for the preparation and 
continuing education of teachers; 
(xiii) the development and evaluation of curricular 
materials for the initial and continuing education of 
teachers and teacher educators; 
(xiv) the role of Historically Black Colleges and 
Universities, Tribally Controlled Indian Community 
Colleges, women's colleges, and other special mission 
institutions in providing access, excellence, and equal 
opportunity in higher education; 
(xv) methods for evaluating the quality of edu-
cation at different t)T)es of institutions of higher edu-
cation at all levels and the roles and responsibilities 
of regional and national accrediting agencies; 
(xvi) methods for evaluating the productivity of 
different types of institutions of higher education; 
(xvii) nnancial barriers to postsecondary edu-
cational opportunitv, including— 
(I) the role of Federal programs authorized 
under title IV of the Higher Education Act of 1965 
and State grant and work programs in mitigating 
such barriers; 
(II) the impact of the rising total cost of post-
secondary education on access to higher education; 
and 
(III) the extent and impact of student reliance 
on loans to meet the costs of higher education; 
(xviii) opportunities for adults to continue their 
education beyond higher education and 
graduate 
school, in the context of lifelong learning and informa-
tion-finding skills; 
(xix) preparing students for a lifetime of work, 
the ability to adapt through retraining to the changing 
needs of the work force and the ability to learn new 
tesks; and 
(xx) other topics relevant to the mission of the 
Institute. 
(3) 
INVOLVEMENT OF CERTAIN AGENCIES AND ORGANIZA-
TIONS.—In 
promoting 
coordination 
and 
collaboration 
on 
research and development on issues related to postsecondary 
education, literacy, libraries, and lifelong learning, the Institute 
shall, as appropriate, seek the involvement— 
(A) within the Department of Education o
f
—
-
(i) the Office of Library F*rograms; 
(ii) the Office of Correctional Education; 
(iii) the Office of Vocational and Adult Education; 
(iv) the National Institute on Disability and 
Rehabilitetion Research; and 
(v) the Office of Postsecondary Education; 
(B) of the National Institute for Literacy; 
(C) of the National Board for Professional Teaching 
Stendards; 
(D) of the Employment and Training Administration 
of the Department of Labor; 
(E) of the Administration for Children and Families 
within the Department of Health and Human Services; 
(F) of the National Institutes of Health; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 243 
(G) of the National Endowment for the Humanities; 
(H) of the National Endowment for the Arts; 
(I) of the Bureau of Prisons of the Department of 
Justice; 
(J) of the Department of Commerce; 
(K) of the Department of Defense; and 
(L) of the Omce of Indian Education Programs of the 
Department of the Interior. 
(4) ADDITIONAL RESPONSIBIUTIES.—In addition to the 
responsibilities described in paragraph (2), the Assistant Sec-
retary shall ensure that the activities of the National Center 
on Literacy are fully coordinated with those of the National 
Institute for Literacy. 
(i) COORDINATION AND RESEARCH SYNTHESIS.—The Assistant 
Secretary shall promote and provide for research S3mtheses and 
the coordination of research and development activities among the 
Institutes established by this section to investigate those cross-
cutting discipHnes and areas of inquiry which are relevant to the 
missions of more than one of the Institutes. Such activities— 
(1) may be carried out jointly by any one of the Institutes 
and— 
(A) one (or more) of the Institutes; 
(B) the National Center for Education Statistics; or 
(C) any research and development entitv administered 
by other offices of the Department of Education or by 
any other Federal agency or department; and 
(2) shall meet all the standards developed by the Assistant 
Secretary and approved by the Board for other research and 
development conducted by the Office. 
(j) DATES FOR ESTABUSHMENT OF INSTITUTES.—The National 
Institute on the Education of At-Risk Students, the National 
Institute on Educational Governance, Finance, Policy-Making, and 
Management, the National Institute on Early Childhood Develop-
ment and Education, the National Institute on Student Achieve-
ment, Curriculum, and Assessment and the National Institute on 
Postsecondary Education, Libraries, and Lifelong Learning shall 
each be established on October 1,1995. 
PART D—NATIONAL EDUCATION 
DISSEMINATION SYSTEM 
SEC. 941. ESTABUSHMENT 
WITHIN 
OFFICE 
OF 
EDUCATIONAL 20 USC 6041. 
RESEARCH AND IMPROVEMENT. 
(a) IN GENERAL.— 
(1) FINDINGS.—^The Congress finds as follows: 
(A) In order to improve the American educational sys-
tem for all students, achieve the National Education Groals, 
and provide for greater educational equity, policymakers, 
administrators, teachers, and parents must have ready 
access to the best information and methods available as 
a result of educational research and development. 
(B) The OfiEice of Educational Research and Improve-
ment should have as one of its primary purposes the 
dissemination of such information and methods in order 
to assist the national education reform effort. 
(C) All current resources within the Office, the Depart-
ment of Education, and other agencies that can help accom-
108 STAT. 244 
PUBLIC LAW 103-227—MAR. 31, 1994 
plish the purposes described in subparagraph (B) should 
be coordinated by the Assistant Secretary, to the extent 
practicable, so as to form a systematic process to accomplish 
such purposes. 
(D) Education research has the capacity to improve 
teaching and learning in our Nation's schools, however, 
teachers need training in the skills necessary to translate 
research into practice and to allow teachers to become 
knowledgeable practitioners and leaders in educational 
improvement. 
(E) Adequate linkages between research and develop-
ment providers and practitioners are essential to ensuring 
that research on effective practice is useful, disseminated 
to and supported with technical assistance for all educators, 
and that all educators are partners in the research and 
development process. 
(2) PURPOSE.—^The purpose of this section is to— 
(A) create a national system of dissemination, develop-
ment, and educational improvement in order to create, 
adapt, identify, validate, and disseminate to educators, par-
ents, and policymakers those educational programs that 
have potential or have been shown to improve educational 
opportunities for all students; and 
(B) empower and increase the capacity of teachers 
to participate in the research and development process. 
(3) DEFINITION OF EDUCATIONAL PROGRAM.—For the pur-
poses of this section, the term ''educational program" includes 
educational policies, research findings, practices, and products, 
(b) ESTABLISHMENT OF OFFICE.— 
(1) IN GENERAL.—There is established within the Office 
an Ofiice of Reform Assistance and Dissemination (hereafter 
in this section referred to as the "Dissemination Office") through 
which the Secretary shall carry out all functions and activities 
described in this section. Such office shall be headed by a 
Director who shall be appointed by the Assistant Secretary 
and have demonstrated expertise and experience in dissemina-
tion, including promoting the effective use of research in the 
classroom. 
(2) CERTAIN DUTIES.—The Dissemination Office shall— 
(A) disseminate relevant and useful research, informa-
tion, products, and publications developed through or 
supported by the Department of Education to schools, edu-
cators, parents, and policjnnakers throughout the United 
States; 
(B) operate a depository for all Department of Edu-
cation publications and products and make available for 
reproduction such publications and products; 
(C) provide technical and financial assistance to 
individuals and organizations in the process of developing 
promising educational programs but who might not, with-
out such assistance, be able to complete necessary develop-
ment and assessment activities; 
(D) coordinate the dissemination efforts of the Office, 
the 
regional 
educational 
laboratories, 
the 
research 
institutes, the National Diffusion Network, and the Edu-
cational Resources Information Center Clearinghouses; 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 245 
(E) provide training and technical assistance regarding 
the implementation and adoption of exemplary and promis-
ing programs by interested entities; 
(F) carry out a program of research on models for 
successful knowledge dissemination, and utilization, and 
strategies for reaching education policymakers, practition-
ers, and others interested in education; 
(G) develop the capacity to connect schools and teachers 
seeking information with the relevant regional educational 
laboratories assisted under subsection (h), the National 
Diffusion Network, the Institutes assisted under this sec-
tion, and the Educational Resources Information Center 
Clearinghouses; and 
(H) provide a biennial report to the Secretary regarding 
Reports. 
the types of information, products, and services that teach-
ers, schools, and school districts have requested and have 
determined to be most useful, and describe future plans 
to adapt Department of Education products and services 
to address the needs of the users of such information, 
products, and services. 
(3) ADDITIONAL DUTIES.—The Dissemination Office shall 
carry out a process for the identification of educational pro-
grams that work, dissemination through electronic networking 
and new technologies and the functions and activities performed 
by the following: 
(A) The Educational Resources Information Center 
Clearinghouses. 
(B) The regional educational laboratories. 
(C) The Teacher Research Dissemination Demonstra-
tion Program, 
(D) The Goals 2000 Community Partnerships Program. 
(E) The existing National Diffusion Network and its 
Developer-Demonstrator and State Facilitator projects. 
(F) Such other programs, activities, or entities the 
Secretary determines are consistent with purposes for 
which the Dissemination Office is established. 
(c) IDENTIFICATION OF PROGRAMS.—The Assistant Secretary 
shall coordinate a process through which successful educational 
programs are actively sought out for possible dissemination through 
the national educational dissemination system. Such process shall, 
at a minimum, have the capability to— 
(1) work closely with the Institutes, research and develop-
ment centers, regional educational laboratories, the National 
Diffusion Network and its Developer-Demonstrator and State 
Facilitator projects, learning grant institutions established 
under the Goals 2000 Community Partnerships Program, 
Department of Education-supported technical assistance provid-
ers, and other entities to identify successful educational pro-
grams at the regional. State, local, or classroom level; 
(2) review successful educational programs supported by 
the Department of Education through all of its programs; 
(3) through cooperative agreements, review for possible 
inclusion in the system educational programs administered by 
the Departments of Health and Human Services (particularly 
the Head Start program). Labor, and Defense, the National 
Science Foundation, the Department of the Interior (particu-
108 STAT. 246 
PUBLIC LAW 103-227—MAR. 31, 1994 
larly the Office of Indian Education Programs), and any other 
appropriate Federal agency; and 
(4) provide for an active outreach effort to identify success-
ful educational programs through cooperative arrangements 
with State and local education agencies, teachers and teacher 
organizations, curriculum associations, foundations, private 
schools, institutions of higher education, and other entities 
that could enhance the ability of the Secretary to identify 
programs for possible inclusion in the dissemination system, 
(d) DESIGNATION OF EXEMPLARY AND PROMISING PROGRAMS.— 
(1) IN GENERAL.—^The Assistant Secretarv, in consultation 
with the Board, shall establish 1 or more panels of appropriately 
qualified experts and practitioners to— 
(A) evaluate educational programs that have been 
identified by the Secretary under subsection (c) or that 
have been submitted to the Secretary for such evaluation 
by some other individual or organization; and 
(B) recommend to the Secretary programs that should 
be designated as exemplary or promising educational pro-
grams. 
(2) 
CONSIDERATIONS IN MAKING RECOMMENDATIONS.—In 
determining whether an educational program should receive 
a recommendation under paragraph (1), a panel established 
under such paragraph shall consider— 
(A) whether, based on empirical data, which may 
include test results, the program is effective and should 
be designated as exemplary and disseminated through the 
national dissemination system; or 
(B) whether there is sufficient evidence to lead a panel 
of experts and practitioners to believe that the program 
shows promise for improving student achievement and 
should be designated as promising and disseminated 
through the national dissemination system while the pro-
gram continues to be evaluated. 
(3) REQUIREMENT REGARDING APPROVAL OF PROGRAMS.— 
In seeking out programs for approval under paragraph (2), 
the Assistant Secretary shall seek programs that may be imple-
mented at the State, local, and classroom level. 
(4) REQUIREMENTS REGARDING PANELS.— 
(A) A panel shall not eliminate a program from consid-
eration under this subsection based solely on the fact that 
the program does not have one specific type of supporting 
data, such as test scores. 
(B) The Assistant Secretary may not designate a pro-
gram as exemplary or promising unless a panel established 
under paragraph (1) has recommended tnat the program 
be so designated. 
(C) The Secretary shall establish such panels under 
paragraph (1) as may be necessary to ensure that each 
program identified or submitted for evaluation is evaluated. 
(D) Not less than % of the membership of a panel 
established under paragraph (1) shall consist of individuals 
who are not officers or employees of the United States. 
Members of panels under paragraph (1) who are not 
employees of the United States shall receive compensation 
for each day they are engaged in carrying out the duties 
of the panel as well as compensation for their expenses. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 247 
(e) DISSEMINATION OF EXEMPLARY AND PROMISING PROGRAMS.— 
In order to ensure that programs identified as exemplary or promis-
ing are available for adoption by the greatest numoer of teachers, 
schools, local and State education agencies, and Bureau-funded 
schools, the Assistant Secretary shall utilize the capabilities of— 
(1) the Educational Resources Information Center Clearing-
houses; 
(2) electronic networking; 
(3) the regional educational laboratories; 
(4) the National Diffusion Network; 
(5) entities established under the Goals 2000 Community 
Partnerships Program; 
(6) department-supported technical assistance providers; 
(7) the National Library of Education; and 
(8) other public and private nonprofit entities, including 
existing education associations and networks, that have the 
capability to assist educators in adopting exemplary and 
promising programs. 
(f) EDUCATIONAL RESOURCES INFORMATION CENTER CLEARING-
HOUSES.— 
(1) IN GENERAL.—^The Assistant Secretary shall establish 
a system of 16 clearinghouses having, at a minimum, the func-
tions and scope of work as the clearinghouses had on the 
day preceding the date of the enactment of this title. The 
Assistant Secretary shall establish for the clearinghouses a 
policy for the abstraction from, and inclusion in, the Edu-
cational Resources Information Center Clearinghouses system 
for books, periodicals, reports, and other materials related to 
education. 
(2) ADDITIONAL FUNCTIONS.—In addition to those functions 
carried out by the clearinghouses on the day preceding the 
date of the enactment of this title, such clearinghouses may— 
(A) 
periodically 
produce 
interpretive 
summaries, 
digests, and syntheses of the results and findings of edu-
cation-related research and development; and 
(B) contain and make available to users information 
concerning those programs designated as exemplary and 
promising under subsection (d). 
(3) COORDINATION OF ACTIVITIES.—^The Assistant Secretary 
shall assure that the functions and activities of such clearing-
houses are coordinated with the activities of the Institutes, 
the regional educational laboratories, learning grant institu-
tions, other clearinghouses supported by the Department of 
Education, the National Diffusion Network, and other appro-
priate entities within the Office and such Department. 
(4) SPECIAL RESPONSIBILITIES OF THE SECRETARY.—^To 
assure that the information provided through such clearing-
houses is fully comprehensive, the Secretary shall— 
(A) require that all reports, studies, and other 
resources produced directly or by grant or contract with 
the Department of Education are made available to 
clearinghouses; 
(B) establish cooperative agreements with the Depart-
ments of Defense, Health and Human Services, Interior, 
and other Federal departments and agencies to assure 
that all education-related reports, studies, and other 
resources produced directly or by grant from or contract 
108 STAT. 248 
PUBLIC LAW 103-227-MAR. 31, 1994 
with the Federal Government are made available to such 
clearinghouses; and 
(C) devise an effective system for maximizing the 
identification, synthesis, and dissemination of information 
related to the needs of Indian and Alaska Native children. 
(5) COPYRIGHT PROHIBITED.— 
(A) No clearinghouse or other entity receiving assist-
ance under this subsection may copyright or otherwise 
charge a royalty or other fee that— 
(i) is for the use or redissemination of any 
database, index, abstract, report, or other information 
produced with assistance under this subsection; and 
(ii) exceeds the incremental cost of disseminating 
such information. 
(B) For purposes of subparagraph (A), the incremental 
cost of dissemination does not include any portion of the 
cost of collecting, organizing, or processing the information 
which is disseminated. 
(g) DISSEMINATION THROUGH NEW TECHNOLOGIES.— 
(1) IN GENERAL.—^The Assistant Secretary is authorized 
to award grants or contracts in accordance with this subsection 
to support the development of materials, programs, and 
resources which utilize new technologies and techniques to 
synthesize and disseminate research and development findings 
and other information which can be used to support educational 
improvement. 
(2) ELECTRONIC NETWORKING.— 
(A) ELECTRONIC NETWORK.—The Assistant Secretary, 
acting through the Office of Reform Assistance and 
Dissemination, shall establish and maintain an electronic 
network which shall, at a minimum, link— 
(i) each office of the Department of Education; 
(ii) the Institutes established by section 931; 
(iii) the National Center for Education Statistics; 
(iv) the National Library of Education; and 
(v) entities engaged in research, development, 
dissemination, and technical assistance under grant 
from, or contract, or cooperative agreement with, the 
Department of Education. 
(B) CERTAIN REQUIREMENTS FOR NETWORK.—The net-
work described in subparagraph (A) shall— 
(i) to the extent feasible, build upon existing 
national, regional, and State electronic networks and 
support video, telecomputing, and interactive commu-
nications; 
(ii) at a minimum, have the capability to support 
electronic mail and file transfer services; 
(iii) be linked to and accessible to other users, 
including State and local education agencies, institu-
tions of higher education, museums, libraries, and oth-
ers through the Internet and the National Research 
and Education Network; and 
(iv) be provided at no cost (excluding the costs 
of necessary hardware) to the contractors and grantees 
described in clause (v) of subparagraph (A) and to 
educational 
institutions 
accessing 
such 
network 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 249 
through the Internet and the National Research and 
Education Network. 
(C) 
INFORMATION RESOURCES.—The Assistant Sec-
retary, acting through the Office of Reform Assistance and 
Dissemination, may make available through the network 
described in subparagraph (A)— 
(i) information about grant and contract assistance 
available through the Department of Education; 
(ii) an annotated directory of current research and 
development activities and projects being undertaken 
with the assistance of the Department of Education; 
(iii) information about publications published by 
the Department of Education and, to the extent fea-
sible, the full text of such publications; 
(iv) statistics and data published by the National 
Center for Education Statistics; 
(v) 
syntheses 
of 
research 
and 
development 
findings; 
(vi) a directory of other education-related electronic 
networks and databases, including information about 
the means by which such networks and databases may 
be accessed; 
(vii) a descriptive listing of materials and courses 
of instruction provided by telecommunications partner- 
| 
ships assisted under the Star Schools program; 
i 
(viii) resources developed by the Educational 
I 
Resources Information Center Clearinghouses; 
i 
(ix) education-related software (including video) 
which is in the public domain; 
(x) a listing of instructional materials available 
' 
through telecommunications to local education agencies 
through the Public Broadcasting Service and State edu-
cational television networks; and 
(xi) such other information and resources the 
Assistant Secretary considers useful and appropriate. 
(D) 
EVALUATIONS REGARDING OTHER FUNCTIONS OF 
NETWORK.—^The Assistant Secretary shall also undertake 
projects to test and evaluate the feasibility of using the 
network described in subparagraph (A) for— 
(i) the submission of applications for assistance 
to the Department of Education; and 
(ii) the collection of data and other statistics 
through the National Center for Education Statistics. 
(E) TRAINING AND TECHNICAL ASSISTANCE.—The Assist-
ant Secretary, acting through the Office of Reform Assist-
ance and Dissemination, shall— 
(i) provide such training and technical assistance 
as may be necessary to enable the contractors and 
grantees described in clause (v) of subparagraph (A) 
to participate in the electronic network described in 
such subparagraph; and 
(ii) work with the National Science Foundation 
to provide, upon request, assistance to State and local 
educational agencies, the Department of the Interior's 
Office of Indian Education Programs, tribal depart-
ments of education. State library agencies, libraries, 
museums, and other educational institutions in obtain-
108 STAT. 250 
PUBLIC LAW 103-227—MAR. 31, 1994 
Contracts. 
Nonprofit 
organizations. 
Federal 
Register, 
publication. 
ing access to the Internet and the National Research 
and Education Network, 
(h) 
REGIONAL EDUCATIONAL LABORATORIES FOR RESEARCH, 
DEVELOPMENT, DISSEMINATION, AND TECHNICAL ASSISTANCE.— 
(1) REGIONAL EDUCATIONAL LABORATORIES.—The Assistant 
Secretary shall enter into contracts with public or private non-
profit entities to establish a networked system of not less than 
10 and not more than 12 regional educational laboratories 
which serve the needs of each region of the United States 
in accordance with the provisions of this subsection. The 
amount of assistance allocated to each laboratory by the Assist-
ant Secretary shall reflect the number of local educational 
agencies and the number of school-age children within the 
region served by such laboratory, as well as the cost of providing 
services within the geographic area encompassed by the region. 
(2) REGIONS.—The regions served by the regional edu-
cational laboratories shall be the 10 geographic regions in exist-
ence on the day preceding the date of the enactment of this 
title, except that in fiscal year 1996, the Assistant Secretary 
may support not more than 2 additional regional educational 
laboratories serving regions not in existence on the day preced-
ing the date of enactment of this Act, provided that— 
(A) the amount appropriated for the regional edu-
cational laboratories in fiscal year 1996 exceeds the amount 
appropriated for the regional educational laboratories in 
fiscal year 1995 by not less than $2,000,000; 
(B) each such additional regional laboratory shall be 
supported by not less than $2,000,000 annually; 
(C) the creation of any such additional laboratory 
region is announced at the time of the announcement of 
the competition for contracts for all regional educational 
laboratories; 
(D) the creation of a regional educational laboratory 
that involves the combination or subdivision of a region 
or regions in existence on the day preceding the date of 
enactment of this Act in which States in 1 such region 
are combined with States in another such region does not 
result in any region in existence on such date permanently 
becoming part of a larger region, nor result in any such 
region permanently subsuming another region, nor creates 
within the continental United States a region that is 
smaller than 4 contiguous States, nor partitions a region 
in existence on the day preceding the date of the enactment 
of this Act to include less than 4 contiguous States included 
in the region on the day preceding the date of enactment 
of this Act; 
(E) the Assistant Secretary has published a notice in 
the Federal Register inviting the public, for a period of 
not less than 60 days, to make recommendations with 
respect to the creation of 1 or 2 additional regional edu-
cational laboratories; 
(F) the Assistant Secretary has solicited and received 
letters of support for the creation of any new region from 
the Chief State School Officers and State boards of edu-
cation in each of the contiguous States that would be 
included in such new region. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 251 
(3) DUTIES.—Each regional educational laboratory receiving 
assistance under this section shall promote the implementation 
of broad-based systemic school improvement strategies and 
shall have as such laboratory's central mission and primary 
function to— 
(A) develop and disseminate educational research prod-
ucts and processes to schools, teachers, local educational 
agencies. State educational agencies, librarians, and schools 
funded by the Bureau, as appropriate, and through such 
development and dissemination, and provide technical 
assistance, to help all students meet standards; 
(B) develop a plan for identifying and serving the needs 
of the region by conducting a continuing survey of the 
educational needs, strengths, and weaknesses within the 
region, including a process of open hearings to solicit the 
views of schools, teachers, administrators, parents, local 
educational agencies, librarians, and State educational 
agencies within the region; 
(C) provide technical assistance to State and local edu-
cational agencies, school boards, schools funded by the 
Bureau, as appropriate. State boards of education, schools, 
and librarians; 
(D) facilitate school restructuring at the individual 
school level, including technical assistance for adapting 
model demonstration grant programs to each school; 
(E) serve the educational development needs of the 
region by providing education research in usable forms 
in order to promote school improvement and academic 
achievement and to correct educational deficiencies; 
(F) facilitate 
communication 
between 
educational 
experts, school officials, and teachers, parents, and librar-
ians, to enable such individuals to assist schools to develop 
a plan to meet the National Education Goals; 
(G) provide training in— 
(i) the field of education research and related 
areas; 
(ii) the use of new educational methods; and 
(iii) the use of information-fmding methods, prac-
tices, techniques, and products developed in connection 
with such training for which the regional educational 
laboratory may support internships and fellowships 
and provide stipends; 
(H) use applied educational research to assist in solving 
site-specific problems and to assist in development activi-
ties; 
(I) conduct applied research projects designed to serve 
the particular needs of the region only in the event that 
such quality applied research does not exist as determined 
by the regional education laboratory or the Department 
of Education; 
(J) collaborate and coordinate services with other tech-
nical assistance providers funded by the Department of 
Education; 
(K) provide support and technical assistance in— 
(i) replicating and adapting exemplary and promis-
ing practices; 
108 STAT. 252 
PUBLIC LAW 103-227—MAR. 31, 1994 
Reports. 
(ii) the development of high-quality, challenging 
curriculum frameworks; 
(iii) the development of valid, reliable assessments 
which are linked to State, local, or Bureau-funded con-
tent and student performance standards and reflect 
recent advances in the field of educational assessment; 
(iv) the improvement of professional development 
strategies to assure that all teachers are prepared 
to teach a challenging curriculum; 
(v) expanding and improving the use of technology 
in education to improve teaching and learning; 
(vi) the development of alternatives for restructur-
ing school finance systems to promote greater equity 
in the distribution of resources; and 
(vii) the development of alternative administrative 
structures which are more conducive to planning, 
implementing, and sustaining school reform and 
improved educational outcomes; and 
(L) bring teams of experts together to develop and 
implement school improvement plans and strategies. 
(4) NETWORKING.—In order to improve the efficiency and 
effectiveness of the regional laboratories, the governing boards 
of the regional laboratories shall establish and maintain a 
network to— 
(A) share information about the activities each labora-
tory is carrying out; 
(B) plan joint activities that would meet the needs 
of multiple regions; 
(C) create a strategic plan for the development of activi-
ties undertaken by the laboratories to reduce redundancy 
and increase collaboration and resource-sharing in such 
activities; and 
(D) otherwise devise means by which the work of the 
individual laboratories could serve national, as well as 
regional, needs. 
(5) ADDITIONAL DUTIES.—Each regional education labora-
tory receiving assistance under this subsection shall carry out 
the following activities: 
(A) Collaborate with the Institutes established under 
section 931 in order to— 
(i) maximize the use of research conducted through 
the Institutes in the work of such laboratory; 
(ii) keep the Institutes apprised of the work of 
the regional educational laboratory in the field; and 
(iii) inform the Institutes about additional research 
needs identified in the field. 
(B) Consult with the State educational agencies and 
library agencies in the region in developing the plan for 
serving the region. 
(C) Develop strategies to utilize schools as critical 
components in reforming education and revitalizing rural 
communities in the United States. 
(D) Report and disseminate information on overcoming 
the obstacles faced by rural educators and rural schools. 
(E) Identify successful educational programs that have 
either been developed by such laboratory in carrying out 
such laboratory's functions or that have been developed 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 253 
or used by others within the region served by the laboratory 
and make such information available to the Secretary and 
the network of regional laboratories so that such programs 
may be considered for inclusion in the national education 
dissemination system. 
(6) CERTAIN REQUIREMENTS.—In carrying out its respon-
sibilities, each regional educational laboratory shall— 
(A) establish a governing board that— 
(i) reflects a balanced representation of the States 
in the region, as well as the interests and concerns 
of regional constituencies, and that includes teachers 
and education researchers; 
(ii) is the sole entity that— 
(I) guides £md directs the laboratory in carry-
ing out the provisions of this subsection and 
satisfying the terms and conditions of the contract 
award; 
(II) determines the regional agenda of the lab-
oratory; 
(III) engages in an ongoing dialogue with the 
. Assistant Secretary concerning the laboratory's 
goals, activities, ana priorities; and 
(IV) determines at the start of the contract 
period, subject to the requirements of this section 
and in consultation with the Assistant Secretary, 
the mission of the regional educational laboratory 
for the duration of the contract period; 
(iii) ensures that the regional educational labora-
tory attains and maintains a high level of quality in 
the laborator/s work and products; 
(iv) establishes standards to ensure that the 
regional educational laboratory has strong and effective 
governance, organization, management, and adminis-
tration, and employs qualified stafT; 
(v) directs the regional educational laboratory to 
carry out the laboratory's duties in a manner as will 
make progress toward achieving the National Edu-
cation Goals and reforming schools and educational 
systems; and 
(vi) conducts a continuing survey of the educational 
needs, strengths, and we£iknesses within the region, 
including a process of open hearings to solicit the views 
of schools and teachers. 
(B) Comply with the standards developed by the Assist-
ant Secretary and approved by the Board under section 
912. 
(C) Coordinate its activities, collaborate, and regularly 
exchange information with the Institutes established under 
section 941, the National Diffusion Network, and its Devel-
oper-Demonstrator and State Facilitator projects, learning 
grant institutions and district education agents assisted 
under subsection (i), the Educational Resources Information 
Center Clearinghouses, and other entities engaged in tech-
nical assistance and dissemination activities which are sup-
ported by other offices of the Department of Education. 
(D) Allocate the regional educational laboratoiys 
resources to and within each State in a manner which 
108 STAT. 254 
PUBLIC LAW 103-227—MAR. 31, 1994 
Federal 
Register, 
publication. 
reflects the need for assistance, taking into account such 
factors as the proportion of economically disadvantaged 
students, the increased cost burden of service delivery in 
areas of sparse populations, and any special initiatives 
being undertaken by State, intermediate, local educational 
agencies, or Bureau-funded schools, as appropriate, which 
may require special assistance from the laboratory. 
(7) EVALUATIONS.—The Assistant Secretary shall provide 
for independent evaluations of each of the regional educational 
laboratories in carrying out the duties described in paragraph 
(1) in the third year that such laboratory receives assistance 
under this subsection in accordance with the standards devel-
oped by the Assistant Secretary and approved by the Board 
and shall transmit the results of such evaluations to the rel-
evant committees of the Congress, the Board, and the appro-
priate regional educational laboratory board. 
(8) INVITATION REGARDING COMPETITION FOR AWARDS OF 
ASSISTANCE.—Prior to awarding a grant or entering into a 
contract 
under 
this 
section, the Secretary 
shall 
invite 
applicants, including the regional educational laboratories in 
existence on the day preceding the date of enactment of this 
Act, to compete for such award through notice in the Federal 
Register and in the publication of the Department of Commerce 
known as the Commerce Business Daily. 
(9) APPLICATION FOR ASSISTANCE.—Each application for 
assistance under this subsection shall— 
(A) cover not less than a 5-year period; 
(B) describe how the applicant would carry out the 
activities required by this subsection; and 
(C) contain such additional information as the Sec-
retary may reasonably require. 
(10) RULE OF CONSTRUCTION.—No regional educational lab-
oratory receiving assistance under this subsection shall, by 
reason of the receipt of that assistance, be ineligible to receive 
any other assistance from the Department of Education as 
authorized by law or be prohibited from engaging in activities 
involving international projects or endeavors. 
(11) 
ADVANCE 
PAYMENT SYSTEM.—Each regional 
edu-
cational laboratory shall participate in the advance payment 
system at the Department of Education. 
(12) 
ADDITIONAL 
PROJECTS.—In addition to activities 
described in paragraph (3), the Assistant Secretary, from 
amounts appropriated pursuant to subsection (h), is authorized 
to enter into agreements with a regional educational laboratory 
for the purpose of carr3dng out additional projects to enable 
such regional educational laboratory to assist in efforts to 
achieve the National Education Goals and for other purposes. 
(13) PLAN.—Not later than July 1 of each year, each 
regional educational laboratory shall submit to the Assistant 
Secretary a plan covering the succeeding fiscal year, in which 
such laboratory's mission, activities, and scope of work are 
described, including a general description of— 
(A) the plans such laboratory expects to submit in 
the remaining years of such laboratory's contract; and 
(B) an assessment of how well such laboratory is meet-
ing the needs of the region. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 255 
(14) CONSTRUCTION.—Nothing in this subsection shall be 
construed to require any modifications in the regional edu-
cational laboratory contracts in effect on the day preceding 
the date of enactment of this title, 
(i) GOALS 2000 COMMUNITY PARTNERSHIPS PROGRAM.— 
(1) PURPOSE.—The purpose of the Goals 2000 Community 
Partnerships program is to improve the quality of learning 
and teaching in the most impoverished urban and rural commu-
nities of the United States by supporting sustained collabora-
tions between universities, schools, businesses, and commu-
nities which apply and utilize the results of educational 
research and development. 
(2) GRANTS FOR GOALS 2000 COMMUNITY PARTNERSHIPS.— 
The Assistant Secretary is authorized to make grants to eligible 
entities to support the establishment of Learning Grant Institu-
tions and District Education Agents and the activities author-
ized under this subsection within eligible communities. 
(3) DEFINITION OF ELIGIBLE ENTITY AND ELIGIBLE COMMU-
NITY.—For the purposes of this subsection: 
(A) The term "eligible entity" includes any institution 
of higher education, regional educational 
laboratory, 
National Diffusion Network project, national research and 
development center, public or private nonprofit corporation, 
or any consortium thereof, that— 
(i) has demonstrated experience, expertise and 
commitment in serving the educational needs of at-
risk students; and 
(ii) is, by virtue 
of its previous 
activities, 
knowledgeable about the unique needs and characteris-
tics of the community to be served. 
(B) The term "eligible community" means a unit of 
general purpose local government (such as a city, township, 
or village), a nonmetropolitan county, tribal village, or a 
geographically distinct area (such as a school district, school 
attendance area, ward, precinct or neighborhood), or any 
group of such entities that— 
(i) has a population of not less than 200,000 and 
not more than 3()0,000; and 
(ii) in which not less than one-half of the school-
age children have family incomes which are below 
the poverty line, as determined by the 1990 United 
States Census, participation in the National School 
Lunch program, or other current, reliable data concern-
ing family income. 
(4) GOALS 2000 COMMUNITY PARTNERSHIPS.—Each learning 
grant institution receiving assistance under this subsection 
shall establish a Goals 2000 community partnership to carry 
out the activities authorized under this subsection. Such 
partnership— 
(A) shall include the participation of one or more local 
educational agencies, institutions of higher education, 
community-based organizations, parents, teachers, and the 
business community; 
(B) may include the participation of human, social 
service and health care agencies. Head Start and child 
care agencies, libraries, museums, employment and train-
108 STAT. 256 
PUBLIC LAW 103-227—MAR. 31, 1994 
ing agencies, and the State educational agency or tribal 
department of education; and 
(C) shall be broadly representative of all segments 
of the community in which the activities will be carried 
out. 
(5) COMPREHENSIVE GOALS 2000 PLAN.—Each Goals 2000 
Community Partnership shall develop a comprehensive plan 
for assuring educational success and nigh achievement for all 
students in the community Each such plan shall— 
(A) adopt the National Education Groals; 
(B) identify additional needs and goals for educational 
improvement within the community; 
(C) focus on helping all students reach challenging 
content and student performance standards; 
(D) be consistent with the State and local improvement 
plans for system-wide education improvement developed 
pursuant to title III; 
(E) establish a comprehensive community-wide plan 
for achieving such goals; and 
(F) develop a means for measuring the progress of 
the community in meeting such goals for improvement. 
(6) 
IMPLEMENTATION OF COMMUNITY-WIDE PLAN.—Each 
Goals 2000 Community Partnership shall, utilizing the District 
Education Agent, provide assistance in implementing the 
community-wide plan for educational improvement by— 
(A) supporting innovation, restructuring, and continu-
ous improvement in educational practice by— 
(i) disseminating 
information 
throughout 
the 
community about exemplary and promising educational 
programs, practices, products, ana policies; 
(ii) evaluating the effectiveness of federally funded 
educational programs within the community 
and 
identifjdng changes in such programs which are likely 
to improve student achievement; 
(lii) identifying, selecting and replicating exem-
plarv and promising educational programs, practices, 
products, and policies in both in- and out-of-school 
settings; 
(iv) applying educational research to solve specific 
problems in the classroom, home and community which 
impede learning and student achievement; and 
(v) supporting research and development by teach-
ers, school administrators, and other practitioners 
which promise to improve teaching and learning and 
the organization of schools; 
(B) improving the capacity of educators, 
school 
administrators, child care providers and other practitioners 
to prepare all students to reach challenging standards and 
to attain the goals set out in the comprehensive community-
wide plan through such means as— 
(i) the training of prospective and novice teachers 
(including preschool and early childhood educators) in 
a school setting under the guidance of master teachers 
and teacher educators; 
(ii) training and other activities to promote the 
continued learning and professional development of 
experienced teachers, related services personnel, school 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 257 
administrators to assure that such teachers develop 
the subject matter and pedagogical exi>ertise needed 
to prepare all students to reach challenging standards; 
(iii) training and other activities to increase the 
ability of prospective, novice, and experienced teachers 
to teach effectively at-risk students, students with 
disabilities, students with limited-English proficiency, 
and students from diverse cultural backgrounds; and 
(iv) programs to enhance teaching and classroom 
management skills, including school-based manage-
ment skills, of novice, prospective, and experienced 
teachers; 
(C) promoting the development of an integrated system 
of service delivery to children from birth through age 18 
and their families by facilitating linkages and cooperation 
among— 
(i) local educational agencies; 
(ii) health and social services agencies and provid-
ers; 
(iii) juvenile justice and criminal justice agencies; 
(iv) providers of employment training; and 
(v) child care. Head Start, and other early child-
hood agencies; and 
(D) mobilizing the resources of the commimity in sup-
port of student learning and high achievement by facilitat-
ing effective partnerships and collaboration among— 
(i) local educational agencies; 
(ii) postsecondary educational institutions; 
(iii) public libraries; 
(iv) parents; 
(v) community-based organizations, neighborhood 
associations, and other civic and community organiza-
tions; 
(vi) child care. Head Start, and other early child-
hood agencies; 
(vii) churches, Sjmagogues and other religious 
institutions; 
(viii) labor organizations; and 
(ix) l9usiness and industry. 
(7) ADDITIONAL REQUIREMENTS.—^In carrying out its respon-
sibilities under this subsection, each partnership receiving 
assistance under this subsection shall— 
(A) appoint a District Education Agent who shall be 
responsible, on a full-time 
basis, for directing the 
implementation of the commimity-wide plan, who shall 
have significant experience and expertise in the field of 
education in— 
(i) addressing the needs of at-risk students; and 
(ii) conducting educational research and promoting 
the application of the results of such research to edu-
cational practice; 
(B) provide for such other professional and support 
personnel as may be necessary to implement the commu-
nity-wide plan under the direction of the District Education 
Agent; and 
(C) coordinate the partnership's activities and work 
cooperatively with the National Diffusion Network State 
108 STAT. 258 
PUBLIC LAW 103-227—MAR. 31, 1994 
Grants. 
Contracts. 
Nonprofit 
organizations. 
facilitators, regional educational laboratories, and other 
components of the Office to utilize most effectively Federal 
research, development, and dissemination resources in 
implementing the community-wide plan. 
(8) APPLICATION FOR GRANTS.—Any eligible entity desiring 
a grant under this subsection shall submit an application to 
the Assistant Secretary at such time, in such manner, and 
accompanied by such information as the Assistant Secretary 
may reasonably require. Each such application shall— 
(A) include a comprehensive plan for meeting the objec-
tives and requirements of this subsection; and 
(B) provide evidence of support for the application from 
local elected officials, the State educational agency, the 
local educational agency, parents, local community leaders, 
businesses, and other appropriate organizations. 
(9) PRIORITY IN MAKING GRANTS; DURATION AND AMOUNT 
OF GRANT.—^Each grant made imder this subsection shall be— 
(A) awarded on a competitive basis, with first priority 
given to those applications from communities with the 
greatest percentage of school-age children in families with 
poverty-level incomes; 
(B) made for a 5-year period, with funding for the 
second and each succeeding year in such period conditioned 
upon a determination by the Assistant Secretary that the 
grant recipient has complied with the conditions of the 
grants during the previous year; and 
(C) an amount equal to not less than $1,000,000 per 
year. 
(10) 
LIMITATION OF ONE GRANT PER CONGRESSIONAL DIS-
TRICT.—^Not more than one grant imder this subsection shall 
be awarded within a single congressional district. 
(11) TECHNICAL ASSISTANCE; EVALUATIONS.—In administer-
ing the program authorized imder this subsection, the Assistant 
Secretary shall, either directly or through grant or contract 
with an eligible nonprofit agency— 
(A) upon request, provide technical assistance to 
eligible entities to assist in the development of a com-
prehensive commimity-wide plan to meet the requirements 
of this subsection and in the preparation of applications 
for assistance; 
(B) regularly provide technical assistance to learning 
grant institutions receiving assistance under this sub-
section to assist with the development and implementation 
of the comprehensive community-wide plan for educational 
improvement; 
(C) provide for an independent evaluation of the activi-
ties assisted under this subsection, including— 
(i) the impact of the Goals 2000 Community Part-
nerships program on children and families within each 
community, including effects on the extent of edu-
cational achievement, rates of school retention and 
completion, and enrollment in postsecondary edu-
cational programs; and 
(ii) whether an intensified effort to apply and uti-
lize educational research within a limited geographic 
area significantly improves student learning and 
achievement; and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 259 
(D) plan for the expansion of the Groals 2000 Commu-
nity Partnerships program throughout the remainder of 
the United States beginning in fiscal year 1999. 
(j) TEACHER RESEARCH DISSEMINATION DEMONSTRATION PRO-
GRAM.— 
(1) FINDINGS.—The Congress finds that— 
(A) education research, including research funded by 
the Office, is not having the impact on the schools of 
the United States that such research should; 
(B) relevant education research and resulting solutions 
are not being adequately disseminated to and used by 
the teachers that need such research and solutions; 
(C) there are insufficient linkages between the research 
and development centers assisted under this section, the 
regional educational laboratories described in subsection 
(h), the National Diffusion Network State facilitators, the 
Educational Resoiwces Information Center Clearinghouses, 
the comprehensive technical assistance centers assisted 
under the Elementary and Secondary Education Act of 
1965, and the public schools to ensure that research on 
effective practice is disseminated and technical assistance 
provided to all teachers; 
(D) the average teacher has little time to plan or 
engage in a professional dialogue with peers about strate-
gies for improved learning; 
(E) teachers do not nave direct access to information 
systems or networks; 
(F) teachers have little control over what inservice 
education teachers will be offered; and 
(G) individual teachers are not encouraged to move 
beyond the walls of their school buildings to identify and 
use outside resources. 
(2) ESTABLISHMENT.— 
(A) IN GENERAL.—The Secretary is authorized to make 
grants to, and enter into contracts or cooperative agree-
ments with, public and private agencies and organizations, 
including institutions of higher education, the regional edu-
cation laboratories, and the research and development cen-
ters, or consortia thereof— 
(i) to develop and carnr out projects that dem-
onstrate effective strategies ror helping elementary and 
secondary education teachers, in both urban and rural 
areas, become knowledgeable about, assist in the 
design and use of, and use, education research, includ-
ing education research carried out under this section; 
and 
(ii) to develop, implement, and evaluate models 
for creation of teacher research dissemination net-
works. 
(B) PRIORITY.—In awarding grants and entering into 
contracts and cooperative agreements under subparagraph 
(A) the Secretary shall give priority to entities that have 
received Federal funds for research and dissemination. 
(3) APPLICATIONS.— 
(A) IN GENERAL.—^An entity desiring to receive assist-
ance under this subsection shall submit an application 
to the Secretary in such form, at such time, and containing 
108 STAT. 260 
PUBLIC LAW 103-227—MAR. 31, 1994 
. 
such information and assurances as the Secretary may 
require. 
(B) CONTENTS.—Each such application shall describe 
how the project described in the application— 
(i) was developed with the active participation of 
elementary and secondary school teachers; 
(ii) will include the continuing participation of 
elementary and secondary school teachers in the 
management of the project; 
(iii) is organized around one or more significant 
research topics; 
(iv) will involve collaboration with entities that 
have received Federal funds for research and dissemi-
nation; and 
(v) will sustain over time teacher research dissemi-
nation networks after Federal funding for such net-
works terminates. 
(4) USE OF FUNDS.—Funds provided under this subsection 
may be used— 
(A) to train elementary and secondary education teach-
ers (particularly new teachers) about the sources of edu-
cation research findings, including research 
findings 
available through activities supported by the Office, and 
how to access and use such findings to improve the quality 
of instruction; 
(B) to develop simple formats, both administrative and 
technological, that allow elementary and secondary edu-
^
^ 
cation teachers easy access to and use of education research 
findings; 
(C) to share strategies and materials; 
(D) to support professional networks; 
(E) to survey teacher needs in the areas of research 
and development; and 
(F) for other activities designed to support elementary 
and secondary education teachers in becoming knowledge-
able about, assisting in the design of, and using, edu-
cational research. 
(5) STIPENDS,—^The Secretary may provide for the payment 
of such stipends (including allowances for subsistence ana other 
expenses for elementary and secondary teachers), as the Sec-
retary determines to be appropriate, to teachers participating 
in the projects authorized under this subsection. 
(6) COORDINATION.—Recipients of funds under this sub-
section shall, to the greatest extent possible, coordinate their 
activities with related activities under the Elementary and 
Secondary Education Act of 1965. 
(7) REPORT.—^The Secretary shall, within 5 years of the 
date of enactment of this Act, submit to the Congress a report 
on the effectiveness of activities assisted under this subsection. 
P A R T E — N A T I O N A L L I B R A R Y O F E D U C A T I O N 
20 use 6051. 
SEC. 951. ESTABLISHMENT 
WITHIN 
OFFICE 
OF 
EDUCATIONAL 
RESEARCH AND IMPROVEMENT. 
(a) IN GENERAL.—^There is established within the Department 
of Education a National Library of Education (hereafter in this 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 261 
section referred to as the "Library"), which shall be maintained 
by the Department of Education as a governmental activity. 
(b) FUNCTIONS OF LIBRARY.—The functions of the Library are— 
(1) to provide a central location within the Federal Govern-
ment for information about education; 
(2) to provide comprehensive reference services on matters 
related to education to employees of the Department of Edu-
cation and its contractors and grantees, other Federal employ-
ees, and members of the public; and 
(3) to promote greater cooperation and resource sharing 
among providers and repositories of education information in 
the United States. 
(c) MISSION.—^The mission of the Library shall be to— 
(1) become a principal center for the collection, preserva-
tion, and effective utilization of the research and other informa-
tion related to education and to the improvement of educational 
achievement; 
(2) strive to ensure widespread access to the Library's 
facilities and materials, coverage of all education issues and 
subjects, and quality control; 
(3) have an expert library staff; and 
(4) use modem information technology that holds the poten-
tial to link major libraries, schools, and educational centers 
across the United States into a network of national education 
resources. 
(d) ONE-STOP INFORMATION AND REFERRAL SERVICE.—The Teie-
Library shall establish and maintain a central information and communications. 
referral service to respond to telephonic, mail and electronic and 
other inquiries from the public concerning— 
(1) programs and activities of the Department of Education; 
(2) publications produced by the Department of Education 
and, to the extent feasible, education related publications pro-
duced by the Departments of Labor, Health and Human Serv-
ices, and other Federal departments and agencies; 
(3) services and resources available to the public through 
the Office, including the Educational Resources Information 
Center Clearinghouses, the research institutes, and the national 
education dissemination system; 
(4) statistics and other information produced by the 
National Center for Education Statistics; and 
(5) referrals to additional sources of information and exper-
tise about educational issues which may be available through 
educational associations and foundations, the private sector, 
colleges and universities, libraries and bibliographic databases. 
The Library shall maintain and actively publicize a toll-free tele-
E
hone number through which public inquiries to the Library may 
e made. 
(e) COMPREHENSIVE REFERENCE SERVICES.— 
(1) IN GENERAL.—The Library shall, to the extent feasible, 
provide for the delivery of a full range of reference services 
on subjects related to education to employees of the Department 
of Education and such Department's contractors and grantees, 
other Federal employees, and members of the general public. 
Such services may include— 
(A) specialized subject searches; 
(B) search and retrieval of electronic databases; 
108 STAT. 262 
PUBLIC LAW 103-227—MAR. 31, 1994 
(C) document delivery by mail and facsimile trans-
mission; 
(D) research counseling, bibliographic instruction, and 
other training services; 
(E) interlibraiy loan services; and 
(F) selective dissemination of information services. 
(2) PRIORITY.—The Library shall first give priority in the 
provision of reference services to requests made by employees 
of the Department of Education. 
(f) COOPERATION AND RESOURCE SHARING.—The Library shall 
promote greater cooperation and resource sharing among libraries 
and archives with significant collections in the area of education 
through means such as— 
(1) the establishment of information and resource sharing 
networks among such entities; 
(2) the development of a national union list of education 
journals held by education libraries throughout the United 
States; 
(3) the development of directories and indexes to textbook 
and other specialized collections held by education libraries 
throughout the United States; and 
(4) cooperative efforts to preserve, maintain and promote 
access to items of special historical value or interest. 
(g) ADMINISTRATION.—^The Library shall be administered by 
an Executive Director who shall— 
(1) be appointed by the Assistant Secretary from among 
persons with significant training or experience in library and 
information science; and 
(2) be paid at not less than the minimum rate of basic 
pay payable for GS-15 of the General Schedule. 
(h) TASK FORCE.— 
(1) IN GENERAL.—The Assistant Secretary shall appoint 
a task force of librarians, scholars, teachers, parents, and school 
leaders (hereafter in this paragraph referred to as the 'Task 
Force") to provide advice on the establishment of the Library. 
(2) PREPARATION OF PLAN.—The Task Force shall prepare 
a workable plan to establish the Library and to implement 
the requirements of this section. 
(3) CERTAIN AUTHORITIES.—The Task Force may identify 
other activities and functions for the Library to carry out, 
except that such functions shall not be carried out until the 
Library is established and has implemented the requirements 
of this section. 
(4) REPORT.—The Task Force shall prepare and submit 
to the Assistant Secretary not later than 6 months after the 
first meeting of the Task Force a report on the activities of 
the Library. 
(i) TRANSFER OF FUNCTIONS.—There are hereby transferred 
to the Library all functions of— 
(1) the Department of Education Research Library; 
(2) the Department of Education Reference Section; and 
(3) the Department of Education Information Branch. 
(j) COLLECTION DEVELOPMENT POLICY.—Not later than 180 days 
aft^r the date of the enactment of this title, the Assistant Secretary 
shall promulgate a comprehensive collection development policy 
to govern the Library's operations, acquisitions, and services to 
users. Such collection development policy shall— 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 263 
(1) be consistent with the functions of the Library described 
in subsection (b); 
(2) emphasize the acquisition and maintenance of a com-
prehensive collection of reference materials; and 
(3) avoid unnecessary duplication by putting a priority 
on meeting the information needs of the Library's users through 
cooperation and resource-sharing with other entities with 
significant collections in the field of education. 
(k) ARREARAGE AND PRESERVATION.—On the basis of the collec-
tion development policy promulgated under subsection (j), the 
Executive Director shall develop a multiyear plan which shall set 
forth goals and priorities for actions needed to— 
(1) eliminate within 3 years the arrearage of uncataloged 
books and other materials in the Library^s collections; and 
(2) respond effectively and systematically to the preserva-
tion needs of the Library's collections, relying, whenever pos-
sible, upon cooperative efforts with other institutions to 
preserve and maintain the usability of books and materials 
in the Library's collections. 
PART F—STAR SCHOOLS 
SEC. 961. STAR SCHOOLS. 
Subsection (a) of section 908 of the Star Schools Assistance 
Act (20 U.S.C. 4085b(a)) is amended by striking "greater" and 
inserting "lesser". 
PART 
G—OFFICE 
OF 
COMPREHENSIVE 
SCHOOL 
HEALTH 
EDUCATION 
SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION. 
(a) IN GENERAL.—Subsection (c) of section 4605 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 
3155(c)) is amended— 
(1) in the matter preceding paragraph (1), by striking 
"Office of the Secretarjr suid inserting "Office of Elementary 
and Secondary Education"; and 
(2) by adding at the end the following new paragraph: 
"(4) To act as a liaison office for the coordination of the 
activities undertaken by the Office under this section with 
related activities of the Department of Health and Human 
Services and to expand school health education research grant 
programs xinder this section.". 
(b) TRANSITION.—The Secretary shall take all appropriate 20 use 3155 
actions to facilitate the transfer of the Office of Comprehensive 
^°^-
School Health Education pursuant to the amendment made by 
subsection (a). 
PART H—FIELD READERS 
SEC. 981. FIELD READERS. 
Section 402 of the Department of Education Organization Act 
(20 U.S.C. 3462) is amended— 
(1) by inserting "(a) IN GENERAL.—" before "The Secretary"; 
and 
(2) by adding at the end the following new subsection: 
79-194 O—95—10 : QL 3 Part 1 
108 STAT. 264 
PUBLIC LAW 103-227—MAR. 31, 1994 
"(b) SPECIAL RULE.— 
"(1) IN GENERAL.—^Notwithstanding any other provision of 
law, the Secretary may use not more than 1 percent of the 
funds appropriated for any education program that awards 
such funds on a competitive basis to pay the expenses and 
fees of non-Federal experts necessary to review applications 
and proposals for such fimds. 
"(2) APPLICABILITY.—^The provisions of paragraph (1) shall 
not apply to any education program under which funds are 
authorized to be appropriated to pay the fees and expenses 
of non-Federal experts to review applications and proposals 
for such funds.". 
PART I—AMENDMENTS TO THE CARL D. PER-
KINS 
VOCATIONAL 
AND 
APPLIED 
TECH-
NOLOGY EDUCATION ACT 
SEC. 991. NATIONAL OCCUPATIONAL INFORMATION COORDINATING 
COMMITTEE. 
Section 422 of the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2422) is amended— 
(1) in paragraph (2) of subsection (a), by inserting "(includ-
ing postsecondary employment and training programs)" £ifter 
"training programs"; and 
(2) in subsection (b)— 
(A) by redesignating subparagraphs (A) and (B) as 
paragraphs (1) and (2), respectively; 
(B) in the matter preceding paragraph (1) (as redesig-
nated in subparagraph (A)), by inserting "the State board 
or agency governing higher education," after "coordinating 
council,"; and 
(C) in paragraph (1) (as redesignated in subparagraph 
(A))— 
(i) by striking "Act and of and inserting "Act, 
of; and 
(ii) by inserting "and of the State board or agency 
governing higher education" after "Job Training Part-
nership Act"; 
(3) by redesignating subsection (d) as subsection (e); and 
(4) by inserting after subsection (c) the following new sub-
section: 
"(d) DATA COLLECTION SYSTEM.—In the development and design 
of a system to provide data on graduation or completion rates, 
job placement rates from occupationally specific programs, licensing 
rates, and awards of high school graduate equivalency diplomas 
(GED), each State board for higher education shall develop a data 
collection system the results of which can be integrated into the 
occupational information system developed under this section.". 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 265 
TITLE X—MISCELLANEOUS 
PART A—MISCELLANEOUS PROVISIONS 
SEC. 1011. SCHOOL PRAYER. 
20 USC 6061. 
No funds authorized to be appropriated under this Act may 
be used by any State or local educational agency to adopt policies 
that prevent voluntary prayer and meditation in public schools. 
SEC. 1012. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDU- 20 USC 6062. 
CATION ACT. 
(a) FINDINGS.—The Congress finds that— 
(1) the Individuals with Disabilities Education Act was 
established with the commitment of forty percent Federal fund-
ing but currently receives only eight percent Federal funding; 
(2) this funding shortfall is particularly burdensome to 
school districts and schools in low-income areas which serve 
higher than average proportions of students with disabilities 
and have fewer local resources to contribute; and 
(3) it would cost the Federal Government approximately 
$10,000,000,000 each year to fully fund the Individuals with 
Disabilities Education Act. 
(b) SENSE OF CONGRESS.—It is the sense of the Congress that 
the Federal Government should provide States and communities 
with adequate resources under the Individuals with Disabilities 
Education Act as soon as reasonably possible, through 
the 
reallocation of noneducation funds within the current budget mone-
tary constraints. 
SEC. 1013. NATIONAL BOARD FOR PROFESSIONAL TEACHING STAND-
ARDS. 
Section 551 of the Higher Education Act of 1965 (20 U.S.C. 
1107) is amended— 
(1) in paragraph (1) of subsection (b), by striking "the 
Federal share of; 
(2) in subparagraph (B) of subsection (e)(1), by striking 
"share of the cost of the activities of the Board is" and inserting 
"contributions described in subsection.(f) are"; and 
(3) by amending subsection (f) to read as follows: 
"(0 MATCHING FUNDS REQUIREMENT.— 
"(1) IN GENERAL.—The Secretary shall not provide financial 
assistance under this subpart to the Board unless the Board 
agrees to expend non-Federal contributions equal to $1 for 
every $1 of the Federal funds provided pursuant to such finan-
cial assistance. 
"(2) NON-FEDERAL CONTRIBUTIONS.—^The non-Federal con-
tributions described in paragraph (1)— 
"(A) may include all non-Federal funds raised by the 
Board on or after January 1,1987; and 
"(B) may be used for outreach, 
implementation, 
administration, operation, and other costs associated with 
the development and implementation of national teacher 
assessment 
and 
certification 
procedures 
under 
this 
subpart.". 
108 STAT. 266 
PUBLIC LAW 103-227—MAR. 31, 1994 
SEC. 1014. FORGIVENESS OF CERTAIN OVERPAYMENTS. 
(a) 
IN GENERAL.—Notwithstanding 
section 
1401 of 
the 
Elementary and Secondary Education Act of 1965 or any other 
provision of law— 
(1) the allocation of funds appropriated for fiscal year 1993 
under the Department of Education Appropriations Act, 1993, 
to Colfax County, New Mexico under section 1005 of the 
Elementary and Secondary Education Act of 1965, and any 
other allocations or grants for such fiscal year resulting from 
such allocation to such county under any program administered 
by the Secretary of Education, shall be deemed to be authorized 
by law; and 
(2) in any program for which allocations are based on 
fiscal year 1993 allocations under section 1005 of such Act, 
the fiscal year 1993 allocations under such section deemed 
to be authorized by law in accordance with paragraph (1) shall 
be used. 
(b) SPECIAL RULE.—Notwithstanding subsection (a)(1) of this 
section, in carrying out section 1403(a) of the Elementary and 
Secondary Education Act of 1965 for fiscal year 1994, the amount 
allocated to Colfax County, New Mexico under section 1005 of 
such Act for fiscal year 1993 shall be deemed to be the amount 
that the Secretary determines would have been allocated under 
such section 1005 had the correct data been used for fiscal year 
1993. 
20 u s e 6063. 
SEC. 1015. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES. 
(a) STUDY REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Secretary shall make appropriate 
arrangements with the National Academy of Sciences or the 
National Academy of Education to conduct a comprehensive 
study of the inclusion of children with disabilities in school 
reform activities assisted under the Goals 2000: Educate Amer-
ica Act. 
(2) DEFINITION.—For purposes of this section, the term 
"children with disabilities" has the same meaning given such 
term in section 602 of the Individuals with Disabilities Edu-
cation Act. 
(b) STUDY COMPONENTS.—The study conducted under sub-
section (a) shall include— 
(1) an evaluation of the National Education Goals and 
objectives, curriculum reforms, standards, and other programs 
and activities intended to achieve those goals; 
(2) a review of the atdequacy of assessments and measures 
used to gauge progress towards meeting National Education 
Goals and any national and State standards, and an examina-
tion of other methods or accommodations necessary or desirable 
to collect data on the educational progress of children with 
disabilities, and the costs of such methods and accommodations; 
(3) an examination of what incentives or assistance might 
be provided to States to develop improvement plans that ade-
quately address the needs of children with disabilities; 
(4) the relation of the Goals 2000: Educate America Act 
to other Federal laws governing or affecting the education 
of children with disabilities; and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 267 
(5) such other issues as the National Academy of Sciences 
or the National Academy of Education considers appropriate. 
(c) STUDY PANEL MEMBERSHIP.—Any panel constituted m fur-
therance of the study to be conducted under subsection (a) shall 
include consumer representatives. 
(d) FINDINGS AND RECOMMENDATIONS.—The Secretary shall Reports, 
request the National Academy of Sciences or the National Academy 
of Education to submit an interim report of its findings and rec-
ommendations to the President and Congress not later than 12 
months, and a final report not later than 24 months, from the 
date of the completion of procurement relating to the study. 
(e) FUNDING.—From funds appropriated to the Secretary for 
research related to individuals with disabilities the Secretary shall 
make available $600,000 for fiscal year 1994, and such sums as 
may be necessary for fiscal year 1995, to carry out this section. 
Amounts made available under this subsection shall remain avail-
able until expended. 
SEC. 1016. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND 
TRAINING PROGRAM. 
(a) PROGRAM DESIGN.— 
(1) ACADEMIC ENRICHMENT AUTHORIZED.—Paragraph (1) of 
section 253(a) of the Job Training Partnership Act (20 U.S.C. 
29 USC 1632. 
1632(a)) is amended by inserting "academic enrichment" after 
"remedial education,". 
(2) REQUIRED SERVICES AND DESIGN.—(A) Subsection (c) 
of such section 253 of the Job Training Partnership Act (20 29 USC 1632. 
U.S.C. 1632(c)) is amended by adding at the end the following 
new paragraphs: 
*^(3) BASIC EDUCATION AND PREEMPLOYMENT TRAINING.— 
The programs under this part shall provide, either directly 
or through arrangements with other programs, each of the 
following services to a participant where the assessment and 
the service strategy indicate such services are appropriate: 
"(A) Basic and Remedial Education. 
"(B) Preemployment and Work Maturity Skills Train-
ing. 
"(4) INTEGRATION OF WORK AND LEARNING.— 
"(A) WORK EXPERIENCE.—Work experience provided 
under this part, to the extent feasible, shall include contex-
tual learning opportunities which integrate the develop-
ment of general competencies with the development of 
academic skills. 
"(B) CLASSROOM TRAINING.—Classroom training pro-
vided under this part shall, to the extent feasible, include 
opportunities to apply knowledge and skills relating to 
academic subjects to the world of work.". 
(B) Section 253 of the Job Training Partnership Act (20 29 USC 1632. 
U.S.C. 1632) is further amended by adding at the end the 
following new subsection: 
, 
"(e) 
EDUCATIONAL LINKAGES.—In conducting the program 
assisted under this part, service delivery areas shall establish link-
ages with the appropriate educational agencies responsible for serv-
ice to participants. Such linkages shall include arrangements to 
ensure that there is a regular exchange of information relating 
to the progress, problems and needs of participants, including the 
results of assessments of the skill levels of participants.". 
108 STAT. 268 
PUBLIC LAW 103-227—MAR. 31, 1994 
29 use 1633. 
(C) Section 254 of the Job Training Partnership Act is 
amended by adding at the end the following new subsection: 
"(c) PROHIBITION ON PRIVATE ACTIONS.—Nothing in this part 
shall be construed to establish a right for a participant to bring 
an action to obtain services described in the assessment or service 
strategy developed under section 253(c).''. 
(b) TRANSFER OF FUNDS TO YEAR ROUND PROGRAM.—Section 
29 use 1635. 
256 of the Job Training Partnership Act is amended by striking 
"10 percent" and inserting "20 percent". 
SEC. 1017. PROTECTION OF PUPILS. 
Section 439 of the Greneral Education Provisions Act (20 U.S.C. 
1232g) is amended to read as follows: 
"PROTECTION OF PUPIL RIGHTS 
20 use I232h. 
"SEC. 439. (a) All instructional materials, including teacher's 
manuals, films, tapes, or other supplementary material which will 
be used in connection with any survey, analysis, or evaluation 
as part of any applicable program shall be available for inspection 
by the parents or guardians of the children. 
"(b) No student shall be required, as part of any applicable 
program, to submit to a survey, analysis, or evaluation that reveals 
mformation concerning— 
"(1) political affiliations; 
"(2) 
mental 
and 
psychological 
problems 
potentially 
embarrassing to the student or his family; 
"(3) sex behavior and attitudes; 
"(4) illegal, anti-social, self-incriminating and demeaning 
behavior; 
"(5) critical appraisals of other individuals with whom 
respondents have close family relationships; 
"(6) legally recognized privileged or analogous relationships, 
such as those of lawyers, physicians, and ministers; or 
"(7) income (other than that required by law to determine 
eligibility for participation in a program or for receiving finan-
cial assistance under such program), 
without the prior consent of the student (if the student is an 
adult or emancipated minor), or in the case of an unemancipated 
minor, without the prior written consent of the parent. 
"(c) Educational agencies and institutions shall give parents 
and students effective notice of their rights under this section. 
"(d) ENFORCEMENT.—^The Secretary shall take such action as 
the Secretary determines appropriate to enforce this section, except 
that action to terminate assistance provided under an applicable 
program shall be taken only if the Secretary determines that— 
"(1) there has been a failure to comply with such section; 
and 
"(2) compliance with such section cannot be secured by 
voluntary means. 
"(e) OFFICE AND REVIEW BOARD.—The Secretary shall establish 
or designate an office and review board within the Department 
of Education to investigate, process, review, and adjudicate viola-
tions of the rights established under this section.". 
20 u s e 6064. 
SEC. 1018. CONTRACEPTIVE DEVICES. 
The Department of Health and Human Services and the Depart-
ment of Education shall ensure that all federally funded programs 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 269 
which provide for the distribution of contraceptive devices to 
unemancipated minors develop procedures to encourage, to the 
extent practical, family participation in such programs. 
SEC. 1019. ASSESSMENTS. 
20 USC 6065. 
(a) TITLE IL—No funds provided under title II of this Act 
shall be used to develop or undertake assessments that will be 
used to make decisions regarding the graduation, grade promotion, 
or retention of students for 5 years after the date of enactment 
of this Act. 
(b) TITLE III.—^Assessments developed with funds under title 
III of this Act may be used for decisions regarding graduation, 
grade promotion, or retention of students only on the condition 
that students have been prepared in the content for which the 
students are being assessed. 
SEC. 1020. PUBLIC SCHOOLS. 
20 USC 6066. 
Except as provided in section 310, nothing in this Act shall 
be construed to authorize the use of funds under title III of this 
Act to directly or indirectly benefit any school other than a public 
school. 
SEC. 1021. ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES. 
Section 421(h) of the Carl D. Perkins Vocational and Applied 
Technology Education Act (20 U.S.C. 2421(h)) is amended— 
(1) by inserting "(1)" after "(h)"; and 
(2) by inserting at the end the following: 
"(2)(A) Notwithstanding any provision of section 406 of the 
General Education Provisions Act, the Commissioner of Education 
Statistics may authorize a State educational agency or a consortium 
of such agencies to use items and data from the National Assess-
ment of Educational Progress for the purpose of evaluating a course 
of study related to vocational education, if the Commissioner has 
determined, in writing, that such use will not— 
"(i) result in the identification of characteristics or perform-
ance of individual students or schools; 
"(ii) result in the ranking or comparing of schools or local 
educational agencies; 
"(iii) be used to evaluate the performance of teachers, prin-
cipals, or other local educators lor the purpose of dispensing 
rewards or punishments; or 
"(iv) corrupt or harm the use and value of data collected 
for the National Assessment of Educational Progress. 
"(B) Not later than 60 days after making an authorization 
Reports. 
under subsection (a), the Commissioner shall submit to the Commit-
tee on Education and Labor of the House of Representatives and 
to the Committee on Labor and Human Resources of the Senate, 
a report which contains— 
"(i) a copy of the request for such authorization; 
"(ii) a copy of the written determination under subsection 
(a); and 
"(iii) a description of the details and duration of such 
authorization. 
"(C) The Commissioner may not grant more than one such 
authorization in any fiscal year and shall ensure that the authorized 
use of items or data from the National Assessment is evaluated 
for technical merit and for its affect on the National Assessment 
of Educational Progress. The results of such evaluations shall be 
108 STAT. 270 
PUBLIC LAW 103-227—MAR. 31, 1994 
promptly reported to the committees specified in subparagraph 
(B).". 
20 use 6067. 
SEC. 1022. SENSE OF THE CONGRESS. 
It is the sense of the Congress that— 
(1) no funds appropriated pursuant to this Act should be 
expended by an entity unless the entity agrees that in expend-
ing the assistance the entity will comply with sections 2 through 
4 of the Act of March 3, 1993 (41 U.S.C. lOa-lOc, popularly 
known as the "Buy American Act"); 
(2) in the case of any equipment or products that may 
be authorized to be purchased with financial assistance pro-
vided under this Act, entities receiving such assistance should, 
in expending the assistance, purchase only American-made 
equipment and products; 
(3) in providing financial assistance under this Act, the 
head of each Federal agency should provide to each recipient 
of the assistance a notice describing the statement maae in 
subsection (a) by the Congress; and 
(4) if it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing 
a "Made in America" inscription, or any inscription with the 
same meaning to any product sold in or shipped to the United 
States that is not made in the United States, such person 
should be ineligible to receive any contract or subcontract made 
with funds provided pursuant to this Act, pursuant to the 
debarment, suspension, and ineligibility procedures described 
in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations, as such sections existed on the date of enactment 
of this Act. 
Gun Free 
PART B—GUN-FREE SCHOOLS 
Schools 
2(f use 2701 
SEC. 1031. SHORT TITLE. 
note. 
This part may be cited as the "Gun-Free Schools Act of 1994". 
SEC. 1032. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECOND-
ARY SCHOOLS. 
The Elementary and Secondary Education Act of 1965 (20 
U.S.C. 2701 et seq.) is amended— 
20 use 3381 et 
(1) by redesignating title X as title IX; 
^Q- 
(2) by redesignating sections 8001 through 8005 as sections 
20 use 3381 et 
9001 through 9005, respectively; and 
«^9- 
(3) by inserting after title VII the following new title: 
"TITLE VIII—GUN-FREE SCHOOLS 
20 use 3351. 
-SEC. 8001. GUN-FREE REQUIREMENTS. 
"(a) REQUIREMENTS.— 
"(1) IN GENERAL.—No assistance may be provided to any 
local educational agency under this Act unless such agency 
has in effect a policy requiring the expulsion from school for 
a period of not less than one year of any student who is 
determined to have brought a weapon to a school under the 
jurisdiction of the agency except such policy may allow the 
chief administering officer of the agency to modify such expul-
sion requirement for a student on a case-by-case basis. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 271 
"(2) DEFINITION.—For the purpose of this section, the term 
"weapon" means a firearm as such term is def.ned in section 
921 of title 18, United States Code. 
"(b) REPORT TO STATE.—Each local educational agency request-
ing assistance from the State educational agency that is to be 
provided Trom funds made available to the State under this Act 
shall provide to the State, in the application requesting such 
assistance— 
"(1) an assurance that such local educational agency has 
in effect the policy required by subsection (a); and 
"(2) a description of the circumstances surrounding any 
expulsions imposed under the policy required by subsection 
(a), including— 
"(A) the name of the school concerned; 
"(B) the number of students expelled from such school; 
and 
"(C) the types of weapons concerned.". 
PART C—ENVIRONMENTAL TOBACCO SMOKE 
P'^oCMidrfn 
Act of 1994. 
SEC. 1041. SHORT TITLE. 
20 USC 6081. 
This part may be cited as the "Pro-Children Act of 1994". 
SEC. 1042. DEFINITIONS. 
20 USC 6082. 
As used in this part: 
(1) CHILDREN.—The term "children" means individuals who 
have not attained the age of 18. 
(2) CHILDREN'S SERVICES.—The term "children's services" 
means the provision on a routine or regular basis of health, 
day care, education, or library services— 
(A) that are funded, after the date of the enactment 
of this Act, directly by the Federal Government or through 
State or local governments, by Federal grant, loan, loan 
guarantee, or contract programs— 
(i) administered by either the Secretary of Health 
and Human Services or the Secretary of Education 
(other than services provided and funded solely under 
titles XVIII and XIX of the Social Security Act); or 
(ii) administered by the Secretary of Agriculture 
in the case of a clinic (as defined in 7 CFR 246.2) 
under section 17(b)(6) of the Child Nutrition Act of 
1966 (42 U.S.C. 1786(b)(6)), or 
(B) that are provided in indoor facilities that are con-
structed, operated, or maintained with such Federal funds, 
as determined by the appropriate Secretary in any enforce-
ment action under this title, 
except that nothing in clause (ii) of subparagraph (A) is 
intended to include facilities (other than clinics) where coupons 
are redeemed under the Child Nutrition Act of 1966. 
(3) PERSON.—The term "person" means any State or local 
subdivision thereof, agency of such State or subdivision, cor-
poration, or partnership that owns or operates or otherwise 
controls and provides children's services or any individual who 
owns or operates or otherwise controls and provides such serv-
ices. 
(4) INDOOR FACILITY.—The term "indoor facility" means 
a building that is enclosed. 
108 STAT. 272 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 u s e 6083. 
Federal 
Register, 
publication. 
Effective date. 
(5) SECRETARY.—^The term "Secretary" means the Secretary 
of Health and Human Services. 
SEC. 1043. NONSMOKING POUCY FOR CHILDREN'S SERVICES. 
(a) PROHIBITION.—^After the date of the enactment of this Act, 
no person shall permit smoking within any indoor facility owned 
or leased or contracted for and utilized by such person for provision 
of routine or regular kindergarten, elementary, or secondary edu-
cation or library services to children. 
(b) ADDITIONAL PROHIBITION.—^Afler the date of the enactment 
of this Act, no person shall permit smoking within any indoor 
facility (or portion thereoO owned or leased or contracted for by 
such person for the provision by such person of regular or routine 
health care or day care or early childhood development (Head 
Start) services to children or for the use of the employees of such 
person who provides such services, except that this subsection shall 
not apply to— 
(1) any portion of such facility that is used for inpatient 
hospital treatment of individuals dependent on, or addicted 
to, drugs or alcohol; and 
(2) any private residence. 
(c) FEDERAL AGENCIES.— 
(1) KINDERGARTEN, ELEMENTARY, OR SECONDARY EDUCATION 
OR LIBRARY SERVICES.—^Afler the date of the enactment of this 
Act, no Federal agency shall permit smoking within any indoor 
facility in the United States operated by such agency, directly 
or by contract, to provide routine or regular kindergarten, 
elementary, or secondary education or library services to chil-
dren. 
(2) HEALTH OR DAY CARE OR EARLY CHILDHOOD DEVELOP-
MENT SERVICES.—^After the date of the enactment of this Act, 
no Federal agency shall permit smoking within any indoor 
facility (or portion thereof) operated by such agency, directly 
or by contract, to provide routine or regular health or day 
care or early childhood development (Head Start) services to 
children, except that this paragraph shall not apply to— 
(A) any portion of such facility that is used for inpatient 
hospital treatment of individuals dependent on, or addicted 
to, drugs or alcohol; and 
(B) any private residence. 
(3) APPLICATION OF PROVISIONS.—The provisions of para-
graph (2) shall also apply to the provision of such routine 
or regular kindergarten, elementary or secondary education 
or library services in the facilities described in paragraph (2) 
not subject to paragraph (1). 
(d) NOTICE.—The prohibitions in subsections (a) through (c) 
shall be incorporated by publication of a notice in the Federal 
Register by the Secretary (in consultation with the heads of other 
affected agencies) and by such agency heads in funding arrange-
ments involving the provision of children's services administered 
by such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of the enactment 
of this Act, whichever occurs first. 
(e) SPECIAL WAIVER.— 
(1) IN GENERAL.—On receipt of an application, the head 
of the Federal agency may grant a special waiver to a person 
described in subsection (a) who employs individuals who are 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 273 
members of a labor organization and provide children's services 
pursuant to a collective bargaining agreement that— 
(A) took effect before the date of enactment of this 
Act; and 
(B) includes provisions relating to smoking privileges 
that are in violation of the requirements of this section. 
(2) TERMINATION OF WAIVER.—^A special waiver granted 
under this subsection shall terminate on the earlier of— 
(A) the first expiration date (after the date of enact-
ment of this Act) of the collective bargaining agreement 
containing the provisions relating to smoking privileges; 
or 
(B) the date that is 1 year after the date of the enact-
ment of this Act. 
(f) CIVIL PENALTIES.— 
(1) IN GENERAL.—^Any failure to comply with a prohibition 
in this section shall be a violation of this section and any 
person subject to such prohibition who commits such violation 
may be liable to the United States for a civil penalty in an 
amount not to exceed $1,000 for each violation, or may be 
subject to an administrative compliance order, or both, as deter-
mined by the Secretary. Each day a violation continues shall 
constitute a separate violation. In the case of any civil penalty 
under this section, the total amount shall not exceed the 
amount of Federal funds received by such person for the fiscal 
year in which the continuing violations occurred. For the pur-
pose of the prohibition in subsection (c), the term "person" 
s^ all mean the head of the applicable Federal agency or the 
'^-.ntractor of such agency providing the services to children. 
(2) ADMINISTRATIVE PROCEEDING.—A civil penalty may be 
assessed in a written notice, or an administrative compliance 
order may be issued, by the Secretary only after an opportunity 
for a hearing in accordance with section 554 of title 5, United 
States Code. Before making such assessment or issuing such 
order, or both, the Secretary shall give written notice thereof 
to such person by certified mail with return receipt and provide 
therein an opportunity to request in writing not later than 
30 days after the date of receipt of such notice such hearing. 
The notice shall reasonably describe the violation and be accom-
panied with the procedures for such hearing and a simple 
form to request such hearing if such person desires to use 
such form. If a hearing is requested, the Secretary shall estab-
lish by such certified notice the time and place for such hearing 
which should be located, to the greatest extent possible, at 
a location convenient to such person. The Secretary (or the 
Secretar3r*s designee) and such person may consult to arrange 
a suitable date and location where appropriate. 
(3) CIRCUMSTANCES AFFECTING PENALTY OR ORDER.—In 
determining the amount of the civil penalty or the nature 
of the administrative compliance order, the Secretary shall 
take into account, as appropriate— 
(A) the nature, circumstances, extent, and gravity of 
the violation; 
(B) with respect to the violator, any good faith efforts 
to comply, the importance of achieving early and permanent 
compliance, the ability to pay or comply, the effect of the 
penalty or order on the ability to continue operation, any 
108 STAT. 274 
PUBLIC LAW 103-227—MAR. 31, 1994 
20 use 6084. 
Midnight 
Basketball 
League Training 
and Partnership 
Act. 
Children and 
youth. 
42 u s e 11901 
note. 
prior history of the same kind of violation, the degree 
of culpability, and any demonstration of willingness to com-
ply with the prohibitions of this section in a timely manner; 
and 
(C) such other matters as justice may require. 
(4) MODIFICATION.—The Secretary may, as appropriate, 
compromise, modifyr, or remit, with or without conditions, any 
civil penalty or aaministrative compliance order. In the case 
of a civil penalty, the amount, as finally determined by the 
Secretary or agreed upon in compromise, may be deducted 
from any sums that the United States or its agencies or 
instrumentalities owes to the person against whom the penalty 
is assessed. 
(5) PETITION FOR REVIEW.—^Any person aggrieved by a pen-
alty assessed or an order issued, or both, by the Secretary 
under this section may file a petition for judicial review thereof 
with the United States Court of Appeals for the District of 
Columbia Circuit or for any other circuit in which the person 
resides or transacts business. Such person shall provide a copy 
thereof to the Secretary or the Secretary's designee. The petition 
shall be filed within 30 days afl;er the Secretary's assessment 
or order, or both, are final and have been provided to such 
person by certified mail. The Secretary shall promptly provide 
to the court a certified copy of the transcript of any hearing 
held under this section and a copy of the notice or order. 
(6) FAILURE TO COMPLY.—If a person fails to pay an assess-
ment of a civil penalty or comply with an order, after either 
or both are final under this section, or after a court under 
P
aragraph (5) has entered a final judgment in favor of the 
ecreta^, the Attorney General, at the request of the Secretary, 
shall recover the amount of the civil penalty (plus interest 
at then currently prevailing rates from the day either or both 
are final) or enforce the order in an action brought in the 
appropriate district court of the United States. In such action, 
the validity and appropriateness of the penalty or order or 
the amount of the penalty shall not be subject to review. 
SEC. 1044. PREEMPTION. 
Nothing in this part is intended to preempt any provision 
of law of a State or political subdivision of a State that is more 
restrictive than a provision of this part. 
PART D—MIDNIGHT BASKETBALL LEAGUE 
TRAINING AND PARTNERSHIP 
SEC. 1051. SHORT TITLE. 
This part may be cited as the "Midnight Basketball League 
Training and Partnership Act". 
SEC. 1052. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING 
AND PARTNERSHIP PROGRAMS. 
Section 520 of the Cranston-Gonzalez National Affordable Hous-
ing Act (42 U.S.C. 11903a) is amended— 
(1) in the section heading by inserting "AND ASSISTED" 
after "PUBLIC"; 
(2) in the subsection heading for subsection (a), by inserting 
"PUBLIC HOUSING" before "YOUTH"; and 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 275 
(3) by adding at the end the following new subsection: 
"(1) MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP 
PROGRAMS.— 
"(1) AUTHORITY.—^The Secretary shall make grants, to the 
extent that amounts are approved in appropriations Acts under 
paragraph (13), to— 
"(A) eligible entities to assist such entities in canning 
out midnight basketball league programs meeting the 
requirements of paragraph (4); and 
"(B) eligible advisory entities to provide technical 
assistance to eligible entities in estabUshing and operating 
such midnight basketball league programs. 
"(2) ELIGIBLE ENTITIES.— 
"(A) IN GENERAL.—Subject to subparagraph (B), grants 
under paragraph (IXA) may be made only to the following 
eligible entities: 
"(i) Entities eligible under subsection (b) for a 
grant under subsection (a). 
"(ii) Nonprofit organizations providing emplojrment 
counseling, job training, or other educational services, 
"(iii) Nonprofit organizations providing federally 
assisted low-income housing. 
"(B) PROHIBITION ON SECOND GRANTS.—A grant under 
paragraph (IXA) may not be made to an eligible entity 
if the entity has previously received a grant under such 
paragraph, except that the Secretary may exempt an 
eligible advisory entity fi:om the prohibition under this 
subparagraph in extraordinary circumstances. 
"(3) USE OF GRANT AMOUNTS.—Any eligible entity that 
receives a grant under paragraph (IXA) may use such amounts 
only— 
"(A) to establish or carry out a midnight basketball 
league program under paragraph (4); 
"(B) for salaries for administrators and staff of the 
program; 
"(C) for other administrative costs of the program, 
except that not more than 5 percent of the grant amount 
may be used for such administrative costs; and 
"(D) for costs of training and assistance provided under 
paragraph (4X1). 
"(4) PROGRAM REQUIREMENTS.—Each eligible entity receiv-
ing a grant imder paragraph (IXA) shall establish a midnight 
basketball league program as follows: 
"(A) The program shall establish a basketball league 
of not less than 8 teams having 10 players each. 
"(B) Not less than 50 percent of the players in the 
basketball league shall be residents of federally assisted 
low-income housing or members of low-income families (as 
such term is defined in section 3(b) of the United States 
Housing Act of 1937). 
"(C) The program shall be designed to serve primarily 
youths and yoting adults from a neighborhood or commu-
nity whose population has not less than 2 of the following 
characteristics (in comparison with national averages): 
"(i) A substantial problem regarding use or sale 
of illegal drugs. 
X 
108 STAT. 276 
PUBLIC LAW 103-227—MAR. 31, 1994 
"(ii) A high incidence of crimes committed by 
youths or young adults. 
"(iii) A high incidence of persons infected with 
the 
human 
immimodeficiency 
virus 
or 
sexually 
transmitted diseases. 
"(iv) A high incidence of pregnancy or a high birth 
rate, among adolescents. 
"(v) A high unemployment rate for youths and 
young adults. 
"(vi) A high rate of high school drop-outs. 
"(D) The program shall require each player in the 
league to attend employment counseling, job training, and 
other educational classes provided under the program, 
which shall be held immediately following the conclusion 
of league basketball games at or near the site of the games 
and at other specified times. 
"(E) The program shall serve only youths and young 
adults who demonstrate a need for such counseling, train-
ing, and education provided by the program, in accordance 
with criteria for demonstrating need, which shall be estab-
lished by the Secretary, in consultation with the Advisory 
Committee. 
"(F) The majority of the basketball games of the league 
shall be held between the hours of 10:00 p.m. and 2:00 
a.m. at a location in the neighborhood or community served 
by the program. 
"(G) The program shall obtain sponsors for each team 
in the basketball league. Sponsors shall be private individ-
uals or businesses in the neighborhood or community 
served by the program who make financial contributions 
to the program and participate in or supplement the 
emplo)anent, job training, and educational services pro-
vided to the players under the program with additional 
training or educational opportunities. 
"(H) The program shall comply with any criteria estab-
lished by the Secretary, in consultation with the Advisory 
Committee established under paragraph (9). 
"(I) Administrators or organizers of the program shall 
receive training and technical assistance provided by 
eligible advisory entities receiving grants under paragraph 
(8). 
"(5) GRANT AMOUNT LIMITATIONS.— 
"(A) PRIVATE CONTRIBUTIONS.—The Secretary may 
not 
make a grant under paragraph (IXA) to an eligible entity 
that applies for a grant under paragraph (6) unless the 
applicant entity certifies to the Secretary that the entity 
will supplement the grant amounts with amounts of funds 
from non-Federal sources, as follows: 
"(i) In each of the first 2 years that amounts from 
the grant are disbursed (under subparagraph (E)), an 
amount sufficient to provide not less than 35 percent 
of the cost of carrying out the midnight basketball 
league program. 
"(ii) In each of the last 3 years that amounts 
from the grant are disbursed, an amoiuit sufficient 
to provide not less than 50 percent of the cost of 
carrying out the midnight basketball league program. 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 277 
"(B) NON-FEDERAL FUNDS.—For purposes of this para-
graph, the term 'funds from non-Federal sources' includes 
amounts from nonprofit organizations, public housing agen-
cies, States, units of general local government, and Indian 
housing authorities, private contributions, any salary paid 
to staff (other than from grant amounts under paragraph 
(IXA)) to carry out the program of the eligible entity, 
in-kind contributions to carry out the program (as deter-
mined by the Secretary after consultation with the Advisory 
Committee), the value of any donated material, equipment, 
or building, the value of any lease on a building, the 
value of any utilities provided, and the value of any time 
and services contributed by volunteers to carry out the 
program of the eligible entity. 
"(C) PROHIBITION ON SUBSTITUTION OF FUNDS.—Grant 
amounts under paragraph (1)(A) and amounts provided 
by States and units of general local government to supple-
ment grant amounts may not be used to replace other 
public funds previously used, or designated for use, under 
this section. 
"(D) MAXIMUM AND MINIMUM GRANT AMOUNTS.— 
"(i) IN GENERAL.—The Secretary may not make 
a grant under paragraph (1)(A) to any single eligible 
entity in an amount less than $55,000 or exceeding 
$130,000, except as provided in clause (ii). 
"(ii) EXCEPTION FOR LARGE LEAGUES.—In the case 
of a league having more than 80 players, a grant 
under paragraph (IXA) may exceed $130,000, but may 
not exceed the amount equal to 35 percent of the 
cost of carrying out the midnight basketball league 
program. 
"(E) DISBURSEMENT.—^Amounts provided under a grant 
under paragraph (1)(A) shall be disbursed to the eligible 
entity receiving the grant over the 5-year period beginning 
on the date that the entity is selected to receive the grant, 
as follows: 
"(i) In each of the first 2 years of such 5-year 
period, 23 percent of the total grant amount shall 
be disbursed to the entity. 
"(ii) In each of the last 3 years of such 5-year 
period, 18 percent of the total grant amount shall 
be disbursed to the entity. 
"(6) APPLICATIONS.—^To be eligible to receive a grant under 
paragraph (1)(A), an eligible entity shall submit to the Secretary 
an application in the form and manner required by the Sec-
retary (after consultation with the Advisory Committee), which 
shall include— 
"(A) a description of the midnight basketball league 
program to be carried out by the entity, including a descrip-
tion of the employment counseling, job training, and other 
educational services to be provided; 
"(B) letters of agreement from service providers to pro-
vide training and counseling services required under para-
graph (4) and a description of such service providers; 
"(C) letters of agreement providing for facilities for 
basketball games and counseling, training, and educational 
108 STAT. 278 
PUBLIC LAW 103-227—MAR. 31, 1994 
services required under paragraph (4) and a description 
of the facilities; 
"(D) a list of persons and businesses from the commu-
nity served by the program who have expressed interest 
in sponsoring, or have made commitments to sponsor, a 
team in the midnight basketball league; and 
"(E) evidence that the neighborhood or community 
served by the program meets the requirements of para-
graph (4XC). 
"(7) SELECTION.—The Secretary, in consultation with the 
Advisory Committee, shall select eligible entities that have 
submitted applications under paragraph (6) to receive grants 
under paragraph (1)(A). The Secretary, in consultation with 
the Advisory (Jommittee, shall establish criteria for selection 
of applicants to receive such grants. The criteria shall include 
a preference for selection of eligible entities carrying out mid-
night basketball league programs in suburban and rural areas. 
"(8) TECHNICAL ASSISTANCE GRANTS.—Technical assistance 
grants under paragraph dXB) shall be made as follows: 
"(A) ELIGIBLE ADVISORY ENTITIES.—^Technical assist-
ance grants may be made only to entities that— 
"(i) are 
experienced 
and 
have 
expertise 
in 
establishing, operating, or administering successful 
and effective programs for midnight basketball and 
employment, job training, and educational services 
similar to the programs under paragraph (4); and 
"(ii) have provided technical assistance to other 
entities regarding establishment and operation of such 
programs. 
(B) USE.—^Amounts received under technical assist-
ance grants shall be used to establish centers for providing 
technical assistance to entities receiving grants under para-
graph (1)(A) of this subsection and subsection (a) regarding 
establishment, operation, and administration of effective 
and successful midnight basketball league programs under 
this subsection and subsection (cX3). 
"(C) 
NUMBER 
AND AMOUNT.—TO the extent 
that 
amounts are provided in appropriations Acts under para-
graph (13)(B) in each fiscal year, the Secretary shall make 
technical assistance grants under paragraph (1)(B). In each 
fiscal year that such amounts are available the Secretary 
shall make 4 such grants, as follows: 
"(i) 2 grants shall be made to eligible advisory 
entities for development of midnight basketball league 
programs in public housing projects. 
"(ii) 2 grants shall be made to eligible advisory 
entities for development of midnight basketball league 
programs in suburoan or rural areas. 
"(iii) Each grant shall be in an amount not exceed-
ing $25,000. 
"(9) ADVISORY COMMITTEE.—The Secretary of Housing and 
Urban Development shall appoint an Advisory Committee to 
assist the Secretary in providing grants under this subsection. 
The Advisory Committee shall be composed of not more than 
7 members, as follows: 
"(A) Not less than 2 individuals who are involved in 
managing or administering midnight basketball programs 
, 
PUBLIC LAW 103-227—MAR. 31, 1994 
108 STAT. 279 
that the Secretary determines have been successful and 
effective. Such individuals may not be involved in a pro-
gram assisted under this subsection or a member or 
employee of an eligible advisory entity that receives a 
technical assistance grant under paragraph (IXB). 
"(B) A representative of tne Center for Substance 
Abuse Prevention of the Public Health Service, Department 
of Health and Human Services, who is involved in admin-
istering the grant program for prevention, treatment, and 
rehabilitation model projects for high risk youth under 
section 509A of the Public Health Service Act (42 U.S.C. 
290aa-8), who shall be selected by the Secretary of Health 
and Human Services. 
"(C) A representative of the Department of Education, 
who shall be selected by the Secretary of Education. 
"(D) A representative of the Department of Health 
and Human Services, who shall be selected by the Secretary 
of Health and Human Services from among officers and 
employees of such Department involved in issues relating 
to high-risk youth. 
"(10) REPORTS.—^The Secretary shall require each eligible 
entity receiving a grant under paragraph (IXA) and each 
eligible advisory entity receiving a grant under paragraph (IXB) 
to submit to the Secretary* for each year in which grant 
amounts are received by the entity, a report describing the 
activities carried out with such amounts. 
"(11) STUDY.—^To the extent amounts are provided under 
appropriation Acts pursuant to paragraph (13XC), the Secretary 
shall make a grant to one entity qualified to carry out a 
study under this paragraph. The entity shall use such grant 
amounts to carry out a scientific study of the effectiveness 
of midnight basketball league programs under paragraph (4) 
of eligible entities receiving grants under paragraph (IXA). 
The Secretary shall require such entity to submit a report Reports. 
describing the study and any conclusions and recommendations 
resulting from the study to the Congress and the Secretary 
not later than the expiration of the 2-year period beginning 
on the date that the grant under this paragraph is made. 
"(12) DEFINITIONS.—For purposes of this subsection: 
"(A) The term 'Advisory Committee* means 
the 
Advisory Committee established under paragraph (9). 
"(B) The term 'eligible advisory entitjr* means an entity 
meeting the requirements under paragraph (8)(A). 
"(C) The term 'eligible entity* means an entity described 
under paragraph (2XA). 
"(D) The term 'federally assisted low-income housing* 
has the meaning given the term in section 5126 of the 
Public and Assisted Housing Drug Elimination Act of 1990. 
"(E) The term 'Secretary* unless otherwise specified, 
means the Secretary of Housing and Urban Development. 
"(13) 
AUTHORIZATION 
OF 
APPROPRIATIONS.—There 
are 
authorized to be appropriated— 
"(A) for grants under paragraph (1)(A), $2,650,000 in 
each of fiscal years 1994 and 1995; 
"(B) for technical assistance grants under paragraph 
(IXB), $100,000 in each of fiscal years 1994 and 1995; 
and 
108 STAT. 280 
PUBLIC LAW 103-227—MAR. 31, 1994 
"(C) for a study grant under paragraph (11), $250,000 
in fiscal year 1994.". 
SEC. 1053. PUBUC 
HOUSING 
MIDNIGHT 
BASKETBALL 
LEAGUE 
PROGRAMS. 
Section 52(Xc) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C 11903a(c)) is amended by adding at the 
end the following new paragraph: 
"(3) MIDNIGHT BASKETBALL LEAGUE PROGRAMS.—Notwith-
standing any other provision of this subsection and subsection 
(d), a grant under this section may be used to carry out any 
youth sports program that meets the requirements of a mid-
night basketball league program under subsection (1)(4) (not 
including subparagraph (B) of such subsection) if the program 
serves primarily youths and young adults from the public hous-
ing project in which the program assisted by the grant is 
operated.". 
Approved March 81, 1994, 
LEGISLATIVE HISTORY—H.R. 1804 (S. 1150): 
HOUSE REPORTS: Nos. 103-168 (Ck)mm. on Education and Labor) and 103-446 
(Comm. of Conference). 
SENATE REPORTS: No. 103-85 accompanying S. 1150 (Comm. on Labor and Human 
Resources). 
CONGRESSIONAL RECORD: 
Vol. 139 (1993): Oct. 13, considered and passed House. 
Vol. 140 (1994): Feb. 2-4,7,8, H.R. 1804 considered and passed Senate, amended, 
in lieu of S. 1150. 
Feb. 23, House concurred in Senate amendment with an 
amendment. 
Mar. 23, House agreed to conference report. 
Mar. 23-25, Senate considered and agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 30 (1994): 
Mar. 31, Presidential remarks.