1992 National Assessment of Chapter 1 Act
PL 101-305 (H.R.3910), enacted 05/30/1990

PUBLIC LAW 101-305—MAY 30, 1990 
104 STAT. 253 
Public Law 101 
101st Congress 
-305 
An Act 
To require the Secretary of Education to conduct a comprehensive national assess-
ment of programs carried out with assistance under chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "1992 National Assessment of 
Chapter 1 Act". 
SEC. 2. NATIONAL 
ASSESSMENT 
OF 
PROGRAMS 
ASSISTED 
UNDER 
CHAPTER 1. 
(a) NATIONAL ASSESSMENT.— 
(1) GENERAL REQUIREMENT.—The Secretary of Education, 
through the Deputy Under Secretary for Planning, Budget, and 
Evaluation and the Assistant Secretary of Educational Research 
and Improvement (in this section referred to as the "Assistant 
Secretary"), shall conduct a comprehensive national assessment 
of the effects of chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965 (in this section referred to as 
"chapter 1"). 
(2) INDEPENDENT REVIEW PANEL.—Such assessment shall be 
planned, reviewed, and conducted in consultation with an 
independent panel of researchers, State practitioners, local 
practitioners, and other appropriate individuals including 
individuals with a background in conducting congressionally 
mandated national assessments of chapter 1. The Federal Ad-
visory Committee Act shall not apply to the establishment or 
operation of such panel. 
(3) COORDINATION WITH AND USE OF EXISTING STUDIES.—Such 
assessment shall be coordinated with all related research con-
ducted by the Secretary of Education. Nothing in this section 
shall be construed to limit or alter the authority of the Sec-
retary to review other program aspects of chapter 1 not man-
dated by this section. 
(b) CONTENTS OF ASSESSMENT.—The assessment required by 
subsection (a) shall include descriptions and evaluations o
f
— 
(1) the implementation of the provisions of sections 1019, 1020, 
1021, and 1435 of chapter 1, including— 
(A) the progress made by State educational agencies and 
local educational agencies in implementing such sections; 
(B) procedures used by State educational agencies and 
local educational agencies to govern interactions between 
such agencies relating to the administration and coordina-
tion of the provisions of such sections; 
(C) program improvements undertaken by local edu-
cational agencies and State educational agencies under 
such sections and the effects of such improvements on 
May 30, 1990 
[H.R. 3910] 
1992 National 
Assessment of 
Chapter 1 Act. 
20 u s e 236 note. 
20 u s e 2882 
note. 
104 STAT. 254 
PUBLIC LAW 101-305—MAY 30, 1990 
program participants with respect to the basic and more 
advanced skills that all children are expected to master; 
and 
* 
(D) major programmatic accomplishments and problems 
and procedural accomplishments and problems caused by 
the implementation of such sections; 
(2) the implementation of section 1015 of chapter 1, includ-
ing— 
(A) the number of schoolwide projects assisted under such 
section; 
(B) operational procedures used by the schoolwide 
projects assisted under such section, including an analysis 
of similarities and differences in procedures and programs 
among such projects in different States; 
(C) accomplishments 
and 
problems 
resulting 
from 
establishing schoolwide projects; 
(D) an analysis of the effectiveness of schoolwide projects 
as compared to other programs assisted under part A of 
chapter 1; and 
(E) a description of uses of funds in programs assisted in 
the implementation of schoolwide projects; 
(3) the overall operation and effectiveness of part A of 
chapter 1, including— 
(A) program participation, particularly— 
(i) allocation of funds to school sites and the factors 
involved in such allocation; 
(ii) recipients of services delivered with assistance 
under such part, including limited English proficient 
students; 
(iii) with respect to each local educational agency 
that receives assistance under such part (or a rep-
resentative sample of such agencies for each State), the 
number of eligible children within the jurisdiction of 
such agency, the resources necessary to serve all such 
eligible children, and the school attendance of partici-
pants in programs assisted under such part; and 
(iv) the effect of the decennial census compiled by the 
Bureau of the Census in 1990 on the allocation of 
funding to local educational agencies, as well as 
counties; 
(B) program services and personnel, particularly— 
(i) services delivered with assistance under part A of 
chapter 1; and 
(ii) a comparison of the background and training of 
teachers and staff who conduct programs assisted 
under part A of chapter 1 and regular classroom teach-
ers and staff; 
(C) program administration, particularly— 
(i) coordination with regular classroom activities and 
with other programs; 
(ii) the adequacy of standardized tests; and 
(iii) the effectiveness of parent involvement proce-
dures in enhancing parental collaboration with schools 
and parent involvement in the children's educational 
development; 
(D) program outcomes, particularly— 
PUBLIC LAW 101-305—MAY 30, 1990 
104 STAT. 255 
(i) student achievement, as reflected by student 
attendance, behavior, grades, and other indicators of 
achievement; and 
(ii) the development of curricula that provides effec-
tive instruction in basic and more advanced skills that 
all children are expected to master; and 
(E) a national profile of the manner in which local edu-
cational agencies implement activities described in the 
plans included in their applications submitted to the Sec-
retary under section 1056 of chapter 1; 
(4) the implementation of section 1017 of chapter 1; 
(5) the operation and effectiveness of Even Start projects 
carried out under part B of chapter 1; and 
(6) the operation and effectiveness of programs for migratory 
children carried out under subpart 1 of part D of chapter 1. 
(c) CONSULTATION WITH CONGRESSIONAL COMMITTEES.—In design-
ing and implementing the assessment required by subsection (a), the 
Secretary of Education shall consult with the Committee on Labor 
and Human Resources of the Senate and the Committee on Edu-
cation and Labor of the House of Representatives. 
(d) REPORTS TO CONGRESS.— 
(1) GENERAL REQUIREMENTS.—The Secretary of Education 
shall submit to the Congress— 
(A) not later than June 30, 1992, a report containing the 
preliminary results of the assessment required by subsec-
tion (a); and 
(B) not later than December 1, 1992, a final report with 
respect to such assessment. 
(2) LIMITATION ON DEPARTMENTAL REVIEW OF REPORTS.—Not-
withstanding any other provision of law, the Secretary of Edu-
cation shall make available to the appropriate committees of 
the Congress such studies, reports, and data as are submitted to 
the Secretary by grantees and contractors pursuant to this Act 
without any additions, deletions, or other modifications by the 
Department of Education. The Secretary of Education and the 
President may submit such additional studies and make such 
additional recommendations to the Congress with respect to 
chapter 1 as they may consider appropriate. 
(e) RESERVATION OF AMOUNTS.—From funds appropriated for pur-
poses of chapter 1, the Secretary of Education shall reserve for 
purposes of conducting the assessment required by subsection (a) a 
total amount of not more than $6,000,000 from funds appropriated 
for the fiscal years 1990, 1991, 1992, and 1993. Amounts reserved 
under the preceding sentence may only be expended during the 
period beginning on December 1, 1989, and ending on January 1, 
1993. 
SEC. 3. IMPACT AID. 
(a) AMOUNT OF PAYMENTS.—(1) Subparagraph (A) of section 3(d)(2) 
of Public Law 81-874 is amended to read as follows: 
20 USC 238. 
"(A)(i) Except £is provided in clause (ii), for any fiscal year 
after September 30, 1988, funds reserved to make payments 
under subparagraph (B) shall not exceed $25,000,000 from the 
funds appropriated for such fiscal year. 
"(ii) In the event that the payments made under subpara-
graph (B) in any fiscal year are less than $25,000,000, such 
remaining funds as do not exceed $25,000,000 shall remain 
39-194 O - 91 - 10 : QL 3 Part 1 
104 STAT. 256 
PUBLIC LAW 101-305—MAY 30, 1990 
20 use 238 and 
note. 
20 use 238. 
Children and 
youth. 
State and local 
governments. 
Appropriation 
authorization. 
Reports. 
20 u s e 240. 
State and local 
governments. 
available until expended for the purpose of carrying out the 
provisions of subparagraph (B). Such remaining funds shall not 
be considered part of the funds reserved to make payments 
under subparagraph (B), but shall be expended if funds in excess 
of $25,000,000 are needed to carry out the provisions of subpara-
graph (B) in any fiscal year. 
"(iii) If for any fiscal year the total amount of payments to be 
made under subparagraph (B) exceeds $25,000,000 and the funds 
described in clause (ii) are insufficient to make such payments, 
then the provisions of clause (i) shall not apply.". 
(2) Subparagraph (B) of section 2(b)(2) of Public Law 101-26 is 
hereby repealed, and Public Law 81-874 shall be applied and 
administered as if such subparagraph (B) (and the amendment made 
by such subparagraph) had not been enacted. 
(b) ADJUSTMENTS FOR DECREASES IN FEDERAL ACTIVITIES.—Section 
3(e) of Public Law 81-874 is amended to read as follows: 
"(e)(1) Whenever the Secretary of Education determines that— 
"(A) for any fiscal year, the number of children determined 
with respect to any local educational agency under subsections 
(a) and (b) is less than 90 percent of the number so determined 
with respect to such agency during the preceding fiscal year; 
"(B) there has been a decrease or cessation of Federal activi-
ties within the State in which such agency is located; and 
"(C) such decrease or cessation has resulted in a substantial 
decrease in the number of children determined under subsec-
tions (a) and (b) with respect to such agency for such fiscal year; 
the amount to which such agency is entitled for such fiscal year and 
for any of the 3 succeeding fiscal years shall not be less than 90 
percent of the payment such agency received under subsections (a) 
and (b) for the preceding fiscal year. 
"(2) There is authorized to be appropriated for each fiscal year 
such amount as may be necessary to carry out the provisions of this 
section, which remain available until expended. 
"(3) Expenditures pursuant to paragraph (2) shall be reported by 
the Secretary to the Committees on Appropriations and Education 
and Labor of the House of Representatives and the Committees on 
Appropriations and Labor and Human Resources of the Senate 
within 30 days of expenditure. 
"(4) The Secretary shall make available to the Congress in the 
Department of Education's annual budget submission, the amount 
of funds necessary to defray the costs associated with the provisions 
of this subsection during the fiscal year for which the submission is 
made.". 
(c) APPLICATION.—Section 5(a) of Public Law 81-874 (Impact Aid) 
(hereafter in this section referred to as "the Act") is amended to 
read as follows: 
"(a) APPLICATIONS.—(1) Any local educational agency desiring to 
receive the payments to which it is entitled for any fiscal year under 
section 2, 3, or 4 shall submit an application therefor to the 
Secretary and file a copy with the State educational agency. Each 
such application shall be submitted in such form, and containing 
such information, as the Secretary may reasonably require to deter-
mine whether such agency is entitled to a payment under any of 
such sections and the amount of any such payment. 
"(2) The Secretary shall establish a deadline for the receipt of 
applications. For each fiscal year beginning with fiscal year 1991, 
the Secretary shall accept an approvable application received up to 
PUBLIC LAW 101-305—MAY 30, 1990 
104 STAT. 257 
60 days after the deadline, but shall reduce the payment based on 
such late application by 10 percent of the amount that would 
otherwise be paid. The Secretary shall not accept or approve any 
application submitted more than 60 days after the application 
deadline. 
"(3) Notwithstanding any other provision of law or regulation, a 
State educational agency that had been accepted as an applicant for 
funds under section 3 for fiscal years 1985, 1986, 1987 and 1988 shall 
be permitted to continue as an applicant under the same conditions 
by which it made application during such fiscal years only if such 
State educational agency distributes all funds received for the stu-
dents for which application is being made by such State educational 
agency to the local educational agencies providing educational serv-
ices to such students.". 
(d) ADJUSTMENTS.—Section 5(c)(2) of Public Law 81-874 is 
amended by inserting at the end thereof the following new subpara-
graph: 
"(C) For the purpose of determining the category under subpara-
graph (A) that is applicable to the local educational agency provid-
ing free public education to secondary school students residing on 
Hanscom Air Force Base, Massachusetts, the Secretary shall count 
children in kindergarten through grade 8 who are residing on such 
base as if such students are receiving a free public education from 
such local educational agency.". 
(e) SPECIAL RULE.—The Secretary of Education shall consider as 
timely filed, and shall process for payment, an application from a 
local educational agency that is eligible to receive the payments to 
which it is entitled in fiscal year 1990 under section 2 or 3 of the Act, 
if the Secretary receives the application by June 29, 1990, and the 
application is otherwise approvable. 
(f) DEFINITION.—Section 403(6) of Public Law 81-874 is amended 
by inserting the following new sentences at the end thereof: "Such 
term does not include any agency or school authority that the 
Secretary determines, on a case-by-case basis— 
"(A) was constituted or reconstituted primarily for the 
purpose of receiving assistance under this Act or increasing 
the amount of that assistance; 
"(B) is not constituted or reconstituted for legitimate 
educational purposes; or 
"(C) was previously part of a school district upon being 
constituted or reconstituted. 
For the purpose of carrying out the provisions of section 3(a), 
such term includes any agency or school authority that has had 
an arrangement with a nonadjacent school district for the 
education of children of persons who reside or work on an 
installation of the Department of Defense for more than 25 
years, but only if the Secretary determines that there is no 
single school district adjacent to the school district in which the 
installation is located that is capable of educating all such 
children.". 
SEC. 4. BILINGUAL EDUCATION. 
Awards made by the Secretary of Education to the Franklin-
Northwest Supervisory Union of Vermont under the Bilingual Edu-
cation Act (20 U.S.C. 3221 et seq.), in amounts of— 
20 u s e 240. 
State and local 
governments. 
Massachusetts. 
State and local 
governments. 
20 u s e 240 note. 
20 u s e 244. 
104 STAT. 258 
PUBLIC LAW 101-305—MAY 30, 1990 
(1) $388,076.56 for the period of fiscal year 1984 through fiscal 
year 1986 (for programs of bilingual education, however 
(2) $400,061.00 for the period of fiscal year 1984 through fiscal 
year 1986 (for programs of bilingual education, however 
characterized), and 
(3) any expenditure of funds by the Franklin-Northwest 
Supervisory Union pursuant to the awards described in para-
graphs (1) and (2), 
shall be treated as if they were made in accordance with the 
provisions of the Bilingual Education Act for purposes of any claims 
for repayment asserted by the Secretary of Education. 
SEC. 5. STUDENT LITERACY CORPS. 
20 use I0l8e. 
Section 146 of the Higher Education Act of 1965 is amended to 
read as follows: 
"SEC. 146. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out the provi-
sions of this part $10,000,000 for fiscal year 1991.". 
SEC. 6. THE HEAD START ACT AND CHAPTER 1 OF TITLE I OF THE 
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965. 
(a) FINDINGS.—The Senate finds that— 
(1) one in every five children in America, some 12,600,000 
youngsters under the age of 18, live in poverty; 
(2) the Head Start program and programs under chapter 1 of 
title I of the Elementary and Secondary Education Act of 1965 
are proven early education programs that offer the best oppor-
tunity to break the cycle of poverty; 
(3) since 1980, spending by the Federal Government for edu-
cation has decreased by 4.7 percent in real terms; 
(4) $1 invested in high-quality preschool programs like Head 
Start and chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 saves $6 in lowered costs for special 
education, grade retention, public assistance, and crime; 
(5) children who enroll in Head Start are more likely than 
other poor children to be literate, employed, and enrolled in 
postsecondary education; 
(6) children who enroll in Head Start programs are less likely 
than other poor children to be high school dropouts, teen par-
ents, dependent on welfare, or arrested for criminal or delin-
quent activity; 
(7) children who enroll in programs under chapter 1 of title I 
of the Elementary and Secondary Education Act of 1965 experi-
ence larger increases in standardized achievement scores than 
comparable students who did not enroll in such programs; 
(8) low funding levels for the Head Start Act limit the partici-
pation in Head Start programs to less than 20 percent of the 
eligible population; and 
(9) low funding levels for chapter 1 of title I of the Elementary 
and Secondary Education Act of 1965 limit participation in 
programs assisted under such Act to less than 50 percent of the 
eligible population. 
(b) SENSE OF SENATE.—It is the sense of the Senate that appropria-
tions for the Head Start Act should be increased to fully serve the 
potential, eligible population under such Act by fiscal year 1994 and 
PUBLIC LAW 101-305—MAY 30, 1990 
104 STAT. 259 
that appropriations for chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965 should be increased to the 
authorization level of such Act by fiscal year 1994. 
SEC. 7. TECHNICAL AMENDMENT. 
(a) IN GENERAL.—Section 2 of Public Law 81-874 is amended by 
20 USC 237. 
inserting at the end thereof the following new subsection (d): 
"(d) The United States shall be deemed to own Federal property, Gifts and 
for the purposes of this Act where— 
property. 
"(1) prior to the transfer of Federal property, the United 
States owned Federal property meeting the requirements of 
subparagraphs (A), (B), and (C) of subsection (a)(1); and 
"(2) the United States transfers a portion of the property 
referred to in paragraph (1) to another nontaxable entity, and 
the United States— 
"(A) restricts some or any construction on such property; 
"(B) requires that the property be used in perpetuity for 
the public purposes for which it was conveyed; 
"(C) requires the grantee of the property to report to the 
Federal Government (or its agent) setting forth information 
on the use of the property; 
"(D) prohibits the sale, lease assignment or other disposal 
of the property unless to another eligible government 
agency and with the approval of the Federal Government 
(or its agent); and 
"(E) reserves to the Federal Government a right of rever-
sion at any time the Federal Government (or its agent) 
deems it necessary for the national defense.". 
(b) EFFECTIVE DATE.—The amendments made by this section shall 
20 USC 237 note, 
take effect on October 1,1989. 
Approved May 30, 1990. 
LEGISLATIVE HISTORY—H.R. 3910: 
HOUSE REPORTS: No. 101-404 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Feb. 27, considered and passed House. 
May 7, considered and passed Senate, amended. 
May 10, House concurred in Senate amendment with an amendment. 
May 14, Senate concurred in House amendment.