An act to provide assistance to improve elementary, secondary, and postsecondary education in mathematics and science; to provide a national policy for engineering, technical, and scientific personnel; to provide cost sharing by the private sector in training such personnel; to encourage creation of new engineering, technical, and scientific jobs, and for other purposes.
PL 98-377 (H.R.1310), enacted 08/11/1984

PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1267 
Public Law 98-377 
98th Congress 
An Act 
To provide assistance to improve elementary, secondary, and postsecondary education 
in mathematics and science; to provide a national policy for engineering, technical, 
and scientific personnel; to provide cost sharing by the private sector in training 
such personnel; to encourage creation of new engineering, technical, and scientific 
jobs; and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act may 
be cited as the "Education for Economic Security Act". 
STATEMENT OF PURPOSE 
Aug. 11, 1984 
[H.R. 1310] " 
Education for 
Economic 
Security Act. 
20 u s e 3901 
note. 
SEC. 2. It is the purpose of this Act to improve the quality of 20 USC 3901. 
mathematics and science teaching and instruction in the United 
States. 
DEFINITIONS 
SEC. 3. For the purpose of this Act— 
20 USC 3902. 
(1) The term "area vocational education school" has the same 
meaning given that term under section 195(2) of the Vocational 
Education Act of 1965. 
20 USC 2461. 
(2) The term "Director" means the Director of the National 
Science Foundation. 
(3) The term "elementary school" has the same meaning 
given that term under section 198(a)(7) of the Elementary and 
Secondary Education Act of 1965. 
20 USC 2854. 
(4) The term "Governor" means the chief executive of a State. 
(5) The term "Foundation" means the National Science 
Foundation. 
(6) The term "institution of higher education" has the same 
meaning given that term by section 1201(a) of the Higher 
Education Act of 1965. 
20 USC 1141. 
(7) The term "local educational agency" has the same mean-
ing given that term under section 198(a)(10) of the Elementary 
and Secondary Education Act of 1965. 
20 USC 2854. 
(8) The term "secondary school" has the same meaning given 
that term under section 198(a)(7) of the Elementary and Second-
ary Education Act of 1965. 
(9) The term "Secretary" means the Secretary of Education. 
(10) The term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the 
Pacific Islands, and the Northern Mariana Islands. 
(11) The term "State agency for higher education" means the 
State board of higher education or other agency or officer 
primarily responsible for the State supervision of higher educa-
tion, or, if there is no such officer or agency, an officer or agency 
designated for the purpose of this title by the Governor or by 
State law. 
98 STAT. 1268 
PUBLIC LAW 98-377—AUG. 11, 1984 
(12) The term "State educational agency" has the meaning 
given that term under section 198{aX17) of the Elementary and 
20 use 2854. 
Secondary Education Act of 1965. 
TITLE I—NATIONAL SCIENCE FOUNDATION MATHEMATICS 
AND SCIENCE PROGRAMS 
PART A—TEACHER INSTITUTES 
GRANTS FOR TEACHER INSTITUTES AUTHORIZED 
20 use 3911. 
SEC. 101. The Foundation is authorized, in accordance with the 
provisions of this part, to make grants to State and local educational 
agencies and institutions of higher education, applying jointly, for 
the establishment and operation of teacher institutes for the en-
hancement of the subject matter skills of public and private elemen-
tary and secondary school teachers of mathematics and physical and 
life sciences. 
. ./ « 
APPLICATIONS 
20 use 3912. 
SEC. 102. (a) Each local educational agency and institution of 
higher education, and each State educational agency and institution 
of higher education desiring to receive a grant under this part shall 
submit a joint application at such time, in such manner, and 
containing or accompanied by such information as the Director may 
require. One or more local educational agencies may apply jointly 
with one or more institutions of higher education under the provi-
sions of this section. A State educational agency may apply jointly 
with one or more institutions of higher education. 
(b) Each such application shall— 
(1) describe the establishment and operation of a teacher 
institute for elementary and secondary school teachers of math-
ematics and physical and life sciences, including— 
(A) the designation of the institute as a full-time summer 
or part-time school year, or both; 
(B) a description of the courses of study to be offered at 
the institute; 
(C) an estimate of the number of teachers, including the 
number of teachers from private elementary and secondary 
schools, to attend the institute and describe the selection 
procedures; 
(D) the nature and location of existing facilities to be used 
in the operation of the institute; 
(E) the teaching and administrative staff for the institute; 
(F) the academic credits, if any, to be awarded for the 
completion of the courses of study to be offered at the 
institute; and 
(G) a schedule of stipends to be paid teacher participants 
in the institute, including (i) allowances for subsistence and 
other expenses for teachers attending the institute and 
their dependents and (ii) provisions assuring that there will 
be no duplication of Federal benefits paid to participants; 
(2) provide assurances that the design and operation of the 
institute will involve the participation of both the subject 
matter departments or divisions of each institution of higher 
education making application as well as the teacher education 
department or division, if any, of each such institution; 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1269 
(3) provide for prior and continuing consultation with the 
State educational agency in the formulation and operation of 
the institute; and 
(4) provide such additional assurances as the Director deems 
essential to assure compliance with the requirements of this 
part. 
DISTRIBUTION OF ASSISTANCE 
SEC. 113. (a) In approving applications under this part, the Direc- 20 USC 3913. 
tor shall assure that there is an equitable distribution of institutes 
established and operated under approved applications among States 
and within States. The Director shall award not less than one 
institute in each State, except that the Director may waive the 
requirements of this sentence if there is no proposal from a State 
that meets the requirements of this part. 
(b) No grant to a single applicant may exceed $200,000 in any 
fiscal year. 
COOPERATION WITH BUSINESS CONCERNS 
SEC. 114. Institutes assisted under this part may, to the extent 20 USC 3914. 
possible, involve the cooperation of advanced technology business 
concerns and other business concerns which are able to supply 
assistance in the teaching of mathematics and science. 
SPECIAL CONSIDERATION OF UNDERREPRESENTED AND UNDERSERVED 
POPULATIONS 
SEC. 115. In providing financial assistance under this part the 20 USC 3915. 
Foundation shall make every effort to ensure that consideration is 
i 
given to applications which contain provisions designed to meet the 
needs of underrepresented and underserved populations. 
PART B—MATHEMATICS AND SCIENCE EDUCATION DEVELOPMENT 
PROGRAMS 
PROGRAM AUTHORIZED 
SEC. 121. The Foundation is authorized, in accordance with the 20 USC 3921. 
provisions of this part, to enter into agreements with institutions of 
higher education or local educational agencies for— 
(1) developing and disseminating programs and materials for 
training, retraining, and inservice training for elementary and 
secondary school teachers in the fields of mathematics, science, 
including physical and life sciences, computer learning; and 
i-
(2) the research, development, and dissemination of instruc-
tional programs and materials for courses of study in elemen-
tary and secondary schools in the fields of mathematics, science, 
including physical and life sciences, and computer learning. 
APPLICATIONS 
SEC. 122. (a) No grant may be made under this part unless an Grants. 
eligible applicant, at such time, in such manner, and containing or 20 USC 3922. 
accompanied by such information as the Director may reasonably 
require. Each application shall contain assurances— 
(1) that (A) in the case of an institution of higher education, 
the institution will enter into a cooperative agreement with one 
98 STAT. 1270 
PUBLIC LAW 98-377—AUG. 11, 1984 
or more local educational agencies, (B) in the case of a State or 
local educational agency, the agency will enter into a coopera-
tive agreement with one or more institutions of higher educa-
tion in the case of a profession of a society or association 
described in subsection (b)(3) the association or society will enter 
into a cooperative agreement with one or more local educational 
agencies and one or more institutions of higher education, for 
the purpose of furnishing the activities authorized by this part; 
(2) that the planning and implementation of the cooperative 
agreement will involve the participation of both the subject 
matter departments or divisions of each institution of higher 
education as well as the teacher education department or divi-
sion, if any, of each such institution; and 
(3) that the applicant has consulted with, as appropriate, the 
State agency for higher education or the State educational 
agency in the development of the program for which assistance 
is sought, and will assure appropriate participation of such 
agencies in the program. 
(b) For the purpose of this part an eligible applicant means— 
(1) an institution of higher education, 
(2) a State or local educational agency, and 
(3) a professional society or association, in the fields of mathe-
matics, physical or biological sciences, or engineering. 
SPECIAL CONSIDERATION OF UNDERREPRESENTED AND UNDERSERVED 
POPULATIONS 
20 use 3923. 
SEC. 123. In providing financial assistance under this part, the 
Foundation shall make every effort to ensure that consideration is 
given to applications which provide for the development and im-
provement of instructional programs and materials designed to 
meet the needs of underrepresented and underserved populations. 
Congressional 
Merit 
Scholarships in 
Mathematics, 
Science, and 
Engineering 
Education. 
20 u s e 3931 
note. 
20 u s e 3931. 
PART C—CONGRESSIONAL MERIT SCHOLARSHIPS 
SHORT TITLE 
SEC. 131. This part may be cited as the "Congressional Merit 
Scholarships in Mathematics, Science, and Engineering Education". 
M E R I T SCHOLARSHIPS ESTABLISHED 
SEC. 132. (a) The Foundation is authorized, in accordance with the 
provisions of this part, to award scholarships to individuals who are 
enrolled in institutions of higher education and who demonstrate 
outstanding potential for, and who plan to pursue, a career in 
teaching in the fields of mathematics, science, and engineering. 
(b) Scholarships under this part shall be awarded for such period 
as the Foundation may prescribe, but for not to exceed four aca-
demic years. 
(c)(1) A student awarded a scholarship under this part may attend 
any institution of higher education offering courses of study de-
signed to prepare them for teaching careers. Such awards shall be 
available for periods of study commencing not sooner than the third 
undergraduate year. 
(2) In order to be eligible for a scholarship under this part, each 
individual shall— 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1271 
(A) concentrate, at the undergraduate level, in mathematics 
or science, and indicate a serious intent to teach at the elemen-
tary school level; or 
(B) concentrate, at the undergraduate level, in mathematics 
or science, and indicate a serious intent to teach mathematics or 
science at the secondary school level; or 
(C) concentrate, at the undergraduate level, in engineering 
and indicate a serious intent to teach at the postsecondary level, 
in an engineering discipline in which the Foundation has deter-
mined a shortage of qualified teachers. 
(d) Not to exceed 25 per centum of the scholarships available 
under this part shall be available for students meeting the criteria 
of subsection (c)(2)(C). 
SELECTION OF MERIT SCHOLARS 
SEC. 133. (a) The Foundation shall establish criteria for the selec- 20 use 3932. 
tion of merit scholars under this part. 
(b) The Foundation shall adopt selection procedures which are 
designed to assure that— 
(1) the number of individuals to be selected will not exceed the 
product of the number of Members of Congress for each State, 
multiplied by two, and that the individuals will be selected from 
among the residents of each State (and in the case of the 
District of Columbia and the Commonwealth of Puerto Rico, not 
to exceed ten individuals will be selected); and 
(2) each recipient of a merit scholarship will enter into an 
agreement with the Foundation under which the recipient will 
agree— 
(A) to comply with provisions of paragraph (2) of section 
142(c) relating to concentration of study; and 
Ante, p. 1270. 
(B) to pursue a career in teaching, as prescribed in section 
142(c) for not less than two years for each academic year in 
which a merit scholarship award is received. 
STIPENDS AND SCHOLARSHIP CONDITIONS 
SEC. 134. (a) Each student awarded a merit scholarship under this 20 USC 3933. 
part shall receive an award of $5,000 for each academic year of 
study. 
(b) Each student awarded a merit scholarship under the provisions 
of this part shall continue to receive payments provided under this 
part for such scholarship only during such period as the Foundation 
determines that the student is maintaining satisfactory progress in, 
and devoting full time to, the course of study for which the scholar-
ship is awarded. 
(c) The Foundation is authorized to require reports containing 
such information in such form and to be filed at such time as the 
Foundation determines to be necessary from any student awarded a 
merit scholarship under the provisions of this part. Such reports 
shall be accompanied by a certificate from any appropriate official 
of the institution of higher education, approved by the Foundation, 
stating that such student is making satisfactory progress in, and is 
devoting essentially full time to, the study described in subsection 
(b). 
98 STAT. 1272 
PUBLIC LAW 98-377—AUG. 11, 1984 
PART D—DISCRETIONARY FUNDS OF THE DIRECTOR 
AUTHORIZATION 
Grants. 
SEC. 141. (a) From funds available for this part, the Director is 
Contracts with 
authorized to make grants to and to enter into contracts with any 
US 
public agency or any private organization to carry out any activity 
authorized by this title. In addition, from such funds, the Director is 
20 use 3941. 
authorized, directly or by way of grant or contract, to conduct— 
(1) a faculty exchange program between institutions of higher 
education (particularly institutions having established and na-
tionally recognized research facilities) and eligible institutions; 
and 
(2) programs of national significance promoting the improve-
ment of instruction in the fields of mathematics, science, and 
engineering. 
In carrying out the provisions of this part, the Director shall give 
special consideration to programs and activities for women in sci-
ence and minorities in science which have been assisted by the 
Foundation prior to the date of enactment of this Act. 
(b) For the purpose of this section the term "eligible institution" 
means an institution of higher education in any State which— 
(IXA) has an enrollment which includes a substantial percent-
age of students who are members of a minority group or who 
are economically or educationally disadvantaged; or 
(B) is located in a community that is not within commuting 
distance of a major institution of higher education; and 
(2) demonstrates a commitment to meet the special educa-
tional needs of students who are members of a minority group 
or are economically or educationally disadvantaged. 
PART E—GENERAL PROVISIONS 
ADMINISTRATIVE PROVISIONS 
20 use 3951. 
SEC. 161. (a) In order to carry out the provisions of this title, the 
Foundation is authorized to— 
(1) appoint and fix the compensation of such personnel as may 
be necessary to carry out the provisions of this title, except that 
in no case shall employees be compensated at a rate to exceed 
the rate provided for employees in grade GS-18 of the General 
Schedule set forth in section 5332 of title 5, United States Code; 
(2) procure temporary and intermittent services of experts 
and consultants as are necessary to the extent authorized by 
section 3109 of title 5, United States Code, but at rates not to 
exceed the rate specified at the time of such service for grade 
GS-18 of section 5332 of such title; 
(3) prescribe such regulations as it deems necessary governing 
the manner in which its functions shall be carried out; 
(4) receive money and other property donated, bequeathed, or 
devised, without condition or restriction other than it be used 
for the purposes of this Act; and to use, sell, or otherwise dispose 
of such property for the purpose of carrying out the functions of 
the Foundation under this Act; 
(5) accept and utilize the services of voluntary and noncom-
pensated personnel and reimburse them for travel expenses. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1273 
including per diem, as authorized by section 5703 of title 5, 
United States Code; 
(6) enter into contracts, grants, or other arrangements, or 
modifications thereof, to carry out the provisions of this title, 
and such contracts or modifications thereof may, with the 
concurrence of two-thirds of the members of the National Sci-
ence Board, be entered into without performance or other 
bonds, and without regard to section 3709 of the Revised Stat-
utes, as amended (41 U.S.C. 5); 
(7) make advances, progress, and other payments which the 
Board deems necessary under this title without regard to the 
provisions of section 3324 of title 31, United States Code; and 
(8) make other necessary expenditures. 
(b) The Foundation shall submit to the President and to the 
Congress an annual report of its operations under this title. 
PARTICIPATION OF TEACHERS FROM PRIVATE SCHOOLS 
Contracts with 
U.S. 
Grants. 
Report. 
SEC 162. The Foundation shall, after consultation with appropri- 20 USC 3952. 
ate private school representatives, make provision for the benefit of 
teachers in private elementary and secondary schools in the pro-
grams authorized by this title, in order to assure equitable participa-
tion of such teachers. 
PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION 
SEC. 163. The provisions of section 432 of the General Education 
Provisions Act, relating to prohibition against Federal control of 
education, shall apply to each program authorized by this title. 
20 USC 3953. 
20 USC 1232a. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 164. (a) There are authorized to be appropriated $20,000,000 20 USC 3954. 
for each of the fiscal years 1984 and 1985 to carry out the provisions 
of part A of this title. 
(b) There are authorized to be appropriated $20,000,000 for the 
fiscal year 1985 to carry out the provisions of part B of this title. 
(c) There are authorized to be appropriated $5,000,000 for the 
fiscal year 1984 and $15,000,000 for the fiscal year 1985 to carry out 
the provisions of part C of this title. 
(d) There are authorized to be appropriated $3,000,000 for the 
fiscal year 1985 to carry out the provisions of part D of this title. 
(e) There are authorized to be appropriated to the Foundation 
$20,000,000 for the fiscal year 1984 and $21,000,000 for the fiscal 
year 1985 to carry out the graduate fellowship program under the 
National Science Foundation Act of 1950. 
42 USC 1861 
note. 
TITLE II—EDUCATION FOR ECONOMIC SECURITY 
STATEMENT OF PURPOSE 
SEC. 201. It is the purpose of this title to make financial assistance 20 USC 3961. 
available to State and local educational agencies, and to institutions 
of higher education, to improve the skills of teachers and instruction 
in mathematics, science, computer learning, and foreign languages, 
and to increase the access of all students to such instruction, and 
thereby contribute to strengthening the economic security of the 
United States. 
98 STAT. 1274 
PUBLIC LAW 98-377—AUG. 11, 1984 
20 u s e 3962. 
Grants. 
20 u s e 3963. 
Appropriations 
authorization. 
DEFINITION 
SEC. 202. As used in this title, the term "junior or community 
college" means an institution of higher education— 
(1) that admits as regular students individuals who are 
beyond the age of compulsory school attendance in the State in 
which the institution is located and who have the ability to 
benefit from the training offered by the institution; 
(2) that does not provide an educational program for which it 
awards a bachelor's degree (or an equivalent degree); and 
(3) that— 
(A) provides an educational program of not less than two 
years that is acceptable for full credit toward such a degree, 
or 
(B) offers a two-year program designed to prepare a stu-
dent to work as a technician or at the semiprofessional level 
in engineering, scientific, or other technological fields re-
quiring the understanding and application of basic engi-
neering, 
scientific, 
or 
mathematical 
principles 
of 
knowledge. 
PROGRAM AUTHORIZED 
SEC. 203. (a) The Secretary is authorized to make grants to States 
and to make discretionary grants, in accordance with the provisions 
of this title, for strengthening the skills of teachers and instruction 
in mathematics, science, computer learning, and foreign languages. 
(b) There are authorized to be appropriated $350,000,000 for the 
fiscal year 1984, and $400,000,000 for the fiscal year 1985 to carry 
out the provisions of this title. 
-
ALLOTMENT TO STATES 
20 use 3964. 
SEC. 204. (a)(1) From 90 per centum of the amount appropriated to 
carry out this title for each fiscal year, the Secretary shall allot to 
each State an amount which bears the same ratio to such 90 per 
centum as the number of children aged five to seventeen, inclusive, 
in the State bears to the number of such children in all States, 
except that no State shall receive less than one-half of 1 per centum 
of the amount available under this subsection in any fiscal year. 
(2) The Secretary shall reserve the remaining 10 per centum to 
carry out section 212, relating to discretionary grants of national 
significance. 
(3) For the purpose of this subsection, the term "State" does not 
include Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, or the Trust Territory of the Pacific Islands. 
(4) The number of children aged five to seventeen, inclusive, in the 
State and in all States shall be determined by the Secretary on the 
basis of the most recent satisfactory data available to him. 
(b) The amount of any State's allotment under subsection (a) for 
any fiscal year to carry out this title which the Secretary determines 
will not be required for that fiscal year to carry out this title shall be 
available for reallotment from time to time, on such dates during 
that year as the Secretary may fix, to other States in proportion to 
the original allotments to those States under subsection (a) for that 
year but with such proportionate amount for any of those other 
States being reduced to the extent it exceeds the sum the Secretary 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1275 
estimates that State needs and will be able to use for that year; and 
the total of those reductions shall be similarly reallotted among the 
States whose proportionate amounts were not so reduced. Any 
amounts reallotted to a State under this subsection during a year 
shall be deemed a part of its allotment under subsection (a) for that 
year. 
(c) There are authorized to be appropriated for each fiscal year for 
the purpose of this subsection amounts equal to not more than 1 per 
centum of the amount appropriated for such year under this title. 
The Secretary shall allot the amount appropriated pursuant to this 
subsection among Guam, American Samoa, the Virgin Islands, the 
Northern Mariana Islands, or the Trust Territory of the Pacific 
Islands according to their respective needs for assistance under this 
title. In addition for each fiscal year the Secretary shall allot from 
not less than one-half of such amount, to such agency as the 
Secretary deems appropriate, for programs authorized by this title 
for children in elementary and secondary schools operated for 
Indian children by the Department of the Interior. The terms upon 
which payments are made under the previous sentence shall be 
determined by such criteria as the Secretary determines will best 
carry out the purpose of this title. 
Appropriations 
authorization. 
Indians. 
IN-STATE APPORTIONMENT 
SEC. 205. (a) For each of the fiscal years 1984 and 1985, 70 per 20 USC 3965. 
centum of each State's allotment under section 204 of this title shall 
be used for elementary and secondary education programs in accord-
ance with section 206. 
(b) For each of the fiscal years 1984 and 1985, 30 per centum of 
each State's allotment under section 204 of this title shall be used 
for higher education programs in accordance with section 207. 
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS 
SEC. 206. (a) The amount apportioned under section 205(a) from 
20 USC 3966. 
each State's allotment under this title shall be used by the State 
educational agency to strengthen elementary and secondary educa-
tion programs in accordance with the provisions of this section. 
(b)(1) Not less than 70 per centum of the amount available under 
this section shall be distributed to local educational agencies within 
the State. Each local educational agency shall use funds distributed 
under this paragraph for— 
(A) the expansion and improvement of inservice training and 
retraining of teachers and other appropriate school personnel in 
the fields of mathematics and science, including vocational 
education teachers who use mathematics and science in the 
courses of study the teachers teach; or 
(B) if the local educational agency determines that the agency 
has met its need for such training and retraining and subject to 
the provisions of section 210(c), computer learning and instruc-
tion, foreign language instruction, and instructional materials 
and equipment related to mathematics and science instruction. 
Such training and instruction may be carried out through agree-
ments with public agencies, private industry, institutions of higher 
education, and nonprofit private organizations, including museums, 
libraries, educational television stations, professional science, njath-
ematics and engineering associations, and other appropriate institu-
98 STAT. 1276 
PUBLIC LAW 98-377—AUG. 11, 1984 
tions. A local educational agency may carry out the activities au-
thorized by this paragraph with one or more other local educational 
agencies within the State, or with the State educational agency, or 
Minorities. 
both. Each local educational agency shall assure that programs of 
Handicapped 
inservice training and retraining will take into account the need for 
persons. 
greater access to and participation in mathematics, science, and 
Migrants. 
computer learning programs and careers of students from histori-
cally underrepresented groups, including females, minorities, indi-
viduals with limited-English proficiency, the handicapped, and 
migrants. 
(2)(A) The State educational agency shall distribute 50 per centum 
of the funds available under this subsection to local educational 
agencies within the State according to the relative number of chil-
dren enrolled in public and nonpublic schools within the school 
districts of such agencies. 
(B) The State educational agency shall distribute 50 per centum of 
the funds available under this subsection based on the relative 
number of children aged five to seventeen who— 
Disadvantaged 
(i) are from families below the poverty level as determined 
persons. 
under section lll(c)(2XA) of the Elementary and Secondary 
20 use 2711. 
Education Act of 1965; and 
(ii) are from families above the poverty level as determined 
under section lll(cK2XB) of the Elementary and Secondary 
Education Act of 1965; 
in the public schools of the local educational agencies within the 
State. 
(3) The State educational agency shall renew payments to local 
educational agencies under this subsection based upon the criteria 
set forth in paragraph (2) of this subsection and a determination by 
the State educational agency that the local educational agency is 
implementing the program assisted under this title so that a sub-
stantial number of teachers in the public and private schools in the 
school district of such agency are served and several grade levels of 
instruction in such schools are involved in the program. 
(c)(1) If a local educational agency is spending funds under subsec-
tion (b)(1)(B), not to exceed 30 per centum of the funds available to 
the local educational agency under subsection (b) may be used for 
the purchase of computer and computer-related 
instructional 
equipment. 
(2) If a local educational agency is spending funds under subsec-
tion (b)(1)(B), not to exceed 15 per centum of the funds available to 
the local educational agency under subsection (b) may be used to 
strengthen instruction in foreign languages. 
(d) Not less than 20 per centum of the amount available under this 
section shall be used by the State educational agency for demonstra-
tion and exemplary programs for— 
(1) teacher training and retraining and inservice upgrading of 
teacher skills in the fields of mathematics and science, foreign 
language instruction, and computer learning, 
(2) instructional equipment and materials in such fields and 
necessary technical assistance, 
(3) special projects for historically underrepresented and un-
derserved populations and for gifted and talented students, and 
(4) the dissemination of information to all local educational 
agencies within the State relating to the exemplary programs in 
the fields of mathematics, science, foreign languages, and com-
puter learning. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1277 
In providing financial assistance for such demonstration and exem-
plary programs, the State educational agency shall reserve not less 
than 20 per centum of the amount available under this subsection 
for special projects in mathematics and science, foreign languages, 
and computer education to historically underrepresented and under-
served populations of students, including females, minorities, handi-
capped individuals, individuals with limited-English proficiency, and 
migrant students, and to programs for gifted and talented students. 
The programs for gifted and talented students may include assist-
ance to magnet schools for such students. 
(e) Not less than 5 per centum of the amount available under this 
section may be used by the State educational agency to provide 
technical assistance to local educational agencies, institutions of 
higher education, and nonprofit organizations, including museums, 
libraries, and educational television stations, in the conduct of 
programs specified under subsection (b). 
(f) Not to exceed 5 per centum of the amount available under this 
section may be used by the State educational agency for— 
(1) the State assessment required by section 208 of this title; 
and 
(2) the costs of administration and evaluation of the program 
assisted under this title. 
Minorities. 
Handicapped 
persons. 
Migrants. 
HIGHER EDUCATION PROGRAMS 
SEC. 207. (a) The amount apportioned under section 205(b) from 
20 USC 3967 
each State's allotment under this title shall be used by the State 
agency for higher education for higher education programs in ac-
cordance with the provisions of this section. 
(b)(1)(A) Not less than 75 per centum of the amount available for 
this section shall be used by the State agency for higher education 
for grants to institutions of higher education in accordance with the 
provisions of this subsection. 
(B) The State agency for higher education shall make funds 
available on a competitive basis to institutions of higher education 
in the State which apply for payments under this section. The State 
agency for higher education shall make every effort to ensure 
equitable participation of private and public institutions of higher 
education. 
(2) The amount available under this subsection shall be used for— 
(A) establishing traineeship programs for new teachers who 
will specialize in teaching mathematics and science at the 
secondary school level; 
(B) retraining of secondary school teachers who specialize in 
disciplines other than the teaching of mathematics and science 
to specialize in the teaching of mathematics, science, or com-
puter learning, including provision of stipends for participation 
in institutes authorized under title I; and 
(C) inservice training for elementary, secondary, and voca-
tional school teachers and training for other appropriate school 
personnel to improve their teaching skills in the fields of mathe-
matics and science, and computer learning, including stipends 
for participation in institutes authorized under title I. 
Each institution of higher education receiving a grant under this 
subsection shall assure that programs of training, retraining, and 
inservice training will take into account the need for greater access 
to and participation in mathematics, science, and computer learning 
Minorities. 
Handicapped 
persons. 
Migrants. 
98 STAT. 1278 
PUBLIC LAW 98-377—AUG. 11, 1984 
Post, p. 1281. 
and careers of students from historically underrepresented and 
underserved groups, including females, minorities, individuals with 
limited-English proficiency, the handicapped, migrants, and the 
gifted and talented. 
(3) No institution of higher education may receive assistance 
under paragraphs (2) (B) and (C) of this subsection unless the 
institution enters into an agreement with a local educational 
agency, or consortium of such agencies, to provide inservice training 
and retraining for the elementary and secondary school teachers in 
the public and private schools of the school district of each such 
agency. 
(c)(1) Not less than 20 per centum of the amount available under 
this section shall be used by the State agency for higher education 
for cooperative programs among institutions of higher education, 
local educational agencies. State educational agencies, private 
industry, and private nonprofit organizations, including museums, 
libraries, educational television stations, and professional mathe-
matics, science, and engineering societies and associations for the 
development and dissemination of projects designed to improve 
student understanding and performance in science, mathematics, 
and critical foreign languages. In carrying out this subsection, the 
State agency for higher education shall give special consideration to 
programs involving consortial arrangements which include local 
educational agencies. 
(2) For the purpose of paragraph (1) of this subsection, critical 
foreign languages include foreign languages designated by the Sec-
retary pursuant to section 211(d). 
(d) Not to exceed 5 per centum of the amount available under this 
section may be used by the State agency for higher education for— 
(1) the State assessment required by section 208 of this title; 
and 
(2) the costs of administration and evaluation of the program 
assisted under this title incurred by the State higher education 
agency. 
Grants. 
20 u s e 3968. 
Public 
availability. 
STATE ASSESSMENT OF MATHEMATICS, SCIENCE, FOREIGN LANGUAGES, 
AND COMPUTER LEARNING 
SEC. 208. (a) Each State which desires to receive grants under this 
title shall prepare not later than nine months following the date for 
which funds under this title become available, a preliminary assess-
ment of the status of mathematics, science, foreign language, and 
computer learning within the State. Such preliminary assessment 
shall be made available to all local educational agencies within the 
State to assist the local educational agencies to carry out the 
requirements of section 210. A final version of such assessment shall 
be submitted to the Secretary not later than the end of the first year 
for which funds under this title are made available. Each first 
assessment shall be prepared after an examination of the local 
assessments submitted under section 210. Each such assessment 
shall include a description and a five-year projection of— 
(1) the availability of qualified mathematics, science, foreign 
language, and computer learning teachers at the secondary and 
postsecondary education levels within the State; 
(2) the qualifications of teachers in mathematics, science, 
foreign languages, and computer learning at the secondary and 
postsecondary education levels, and the qualifications of teach-
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1279 
ers at the elementary level to teach mathematics, science, 
foreign languages, and computer learning; 
(3) the State standards for teacher certification, including any 
special exceptions currently made, for teachers of mathematics, 
science, foreign languages, and computer learning; 
(4) the availability of adequate curricula, instructional mate-
rials and equipment, in mathematics, science, foreign lan-
guages, and computer learning; and 
(5) the degree of access to instruction in mathematics, science, 
foreign languages, and computer learning of historically under-
represented and underserved individuals and of the gifted and 
talented. 
(b) Each such assessment shall also describe the programs, initia-
tives, and resources committed or projected to be undertaken within 
the State to— 
(1) improve teacher recruitment and retention; 
(2) improve teacher qualifications and skills in the fields of 
mathematics, science, foreign languages, and computer and 
computer learning; 
(3) improve curricula in mathematics, science, foreign lan-
guages, and computer learning including instructional materi-
als and equipment; and 
(4) improve access for historically underrepresented and un-
derserved populations, and for the gifted and talented, to 
instruction in mathematics, science, foreign languages, and 
computer learning. 
(c)(1) Each State assessment shall be developed in consultation 
with the Governor, the State legislature. State Board of Education, 
local educational agencies within the State, and representatives o
f
— 
(A) vocational secondary schools and area vocational educa-
tion schools, 
(B) public and private institutions of higher education, 
(C) teacher organizations, 
(D) private industry, 
(E) other public organizations, including libraries, museums, 
and educational television stations, and professional scientific 
and mathematics associations, and 
(F) private elementary and secondary schools, 
within the State. 
^ , , 
(2) Each State assessment shall be submitted jointly by the State 
' 
^ 
educational agency and the State agency for higher education. 
STATE APPLICATION 
SEC. 209. (a) Each State which desires to receive grants under this Grants, 
title shall file an application with the Secretary at such time, in 20 use 3969. 
such manner, and containing or accompanied by such information 
as the Secretary may reasonably require. 
(b) Each such application shall— 
(1) designate the State educational agency for the purpose of 
programs described in section 206, and the State agency for 
higher education for programs described in section 207 as the 
agency or agencies responsible for the administration and su-
pervision of the programs described in sections 207 and 208, as 
the case may be; 
(2) describe the programs for which assistance is sought under 
the application; 
98 STAT. 1280 
PUBLIC LAW 98-377—AUG. 11, 1984 
(3) provide assurances that payments will be distributed by 
the State in accordance with the provisions of sections 207 and 
208, as the case may be; 
(4) provide procedures— 
(A) for submitting applications by local educational agen-
cies, institutions of higher education, junior or community 
colleges, and other organizations for programs described in 
section 206 for distribution of payments under this title 
within the State, and 
(B) for approval of applications by the appropriate State 
agency, including appropriate procedures to assure that the 
appropriate State agency will not disapprove an application 
without notice and opportunity for a hearing; 
(5) provide assurances that— 
(A) the State will prepare and submit the assessment 
required under section 208; 
(B) in the second year for which funds are available under 
this title, the State will use funds for purposes consistent 
with the findings of the State assessment under section 208; 
(C) for programs described in section 206, the provisions 
of sections 210 and 211 will be carried out; and 
(D) to the extent feasible, evaluations of the program 
assisted under this title will be performed; 
(6) provide assurances that Federal funds made available 
under this title for any fiscal year will be so used as to supple-
ment, and to the extent practicable, to increase the level of 
funds that would, in the absence of such funds, be available for 
the purposes described in sections 207 and 208, and in no case 
supplant such funds; and 
(7) provide such fiscal control and accounting procedures as 
may be necessary (A) to ensure proper accounting of Federal 
funds paid to the applicant under this title, and (B) to ensure 
the verification of the programs assisted under the application. 
(c) The Secretary shall expeditiously approve any State plan that 
meets the requirements of this section. 
LOCAL EDUCATIONAL AGENCY ASSESSMENT 
20 use 3970. 
SEC. 210. (a) Each local educational agency which desires to 
receive a payment from the State educational agency pursuant to 
section 206 shall provide to the State educational agency an assess-
ment of the local educational agency's need for assistance in— 
(1) teacher training, retraining, and inservice training and 
the training of appropriate school personnel in the areas of 
mathematics, science, foreign languages, and computer learn-
ing, including a description of the availability and qualifications 
of teachers in the areas of mathematics, science, foreign lan-
guage, and computer learning, including the qualifications of 
teachers at the elementary level to teach in such areas; 
(2) improving instructional materials and equipment related 
to mathematics and science education; and 
(3) improving the access to instruction in mathemactics, sci-
ence, foreign languages, and computer learning of historically 
underserved and underrepresented individuals and of the gifted 
and talented, and an assessment of the current degree of access 
to such instruction of such individuals. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1281 
(b) Such assessment shall also describe the types of services to be 
provided pursuant to the program assisted under section 206, a 
description of how the services assisted will meet the program needs 
of the local educational agency, and in the second year for which 
funds under this title are made available, a description of how the 
services assisted will address unmet needs described under section 
208. 
(c) If a local educational agency determines, pursuant to section 
206(b)(1), that the agency has met its teacher retraining and inserv-
ice training needs in mathematics and science and desires to expend 
its funds on other activities prescribed in section 206(b)(1)(B), the 
local educational agency may request the State educational agency 
to waive such training requirements. If the State educational agency 
determines that the local educational agency has met such teacher 
training needs, the State educational agency shall grant the waiver. 
PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE SCHOOLS 
SEC. 211. (a) To the extent consistent with the number of children 
in the State or in the school district of each local educational agency 
who are enrolled in private elementary and secondary schools, such 
State or agency shall, after consultation with appropriate private 
school representatives, make provision for including services and 
arrangements for the benefit of such children as will assure the 
equitable participation of such children in the purposes and benefits 
of this title. 
(b) To the extent consistent with the number of children in the 
State or in the school district of a local educational agency who are 
enrolled in private elementary and secondary schools, such State, 
State educational agency, or State agency for higher education shall, 
after consultation with appropriate private school representatives, 
make provision, for the benefit of such teachers in such schools, for 
such inservice and teacher training and retraining as will assure 
equitable participation of such teachers in the purposes and benefits 
of this title. 
(c) If by reason of any provision of law a State or local educational 
agency is prohibited from providing for the participation of children 
or teachers from private schools as required by subsections (a) and 
(b), or if the Secretary determines that a State or local educational 
agency has substantially failed or is unwilling to provide for such 
participation on an equitable basis, the Secretary shall waive such 
requirements and shall arrange for the provision of services to such 
children or teachers which shall be subject to the requirements of 
this section. Such waivers shall be subject to consultation, withhold-
ing, notice, and judicial review requirements in accordance with 
sections 557(b) (3) and (4) of the Education Consolidation and Im-
provement Act of 1981. 
20 u s e 3971. 
20 u s e 3806. 
SECRETARY S DISCRETIONARY FUND FOR PROGRAMS OF NATIONAL 
SIGNIFICANCE 
SEC. 212. (a) From 10 per centum of amounts appropriated under 
section 203(b), the Secretary shall make grants in accordance with 
this section. 
(b)(1) From 75 per centum of the amount available under this 
section in each fiscal year, the Secretary shall make grants to State 
and local educational agencies, institutions of higher education, and 
Grants. 
20 u s e 3972. 
Grants. 
98 STAT. 1282 
PUBLIC LAW 98-377—AUG. 11, 1984 
Grants. 
Research and 
development. 
Federal 
Register, 
publication. 
20 u s e 3973. 
private nonprofit organizations, including museums, libraries, edu-
cational television stations, and professional science, mathematics, 
and engineering societies and associations for programs of national 
significance in mathematics and science instruction, computer 
learning, and foreign language instruction in critical languages. The 
Secretary shall give special consideration to provide assistance to 
local educational agencies, or consortia thereof, to establish or 
improve magnet schools for gifted and talented students. In award-
ing of grants the Secretary shall give special consideration to local 
educational agencies, institutions of higher education, and private 
nonprofit organizations, including museums, libraries, educational 
television stations, and professional science, mathematics, and engi-
neering societies and associations providing special services to his-
torically underserved and underrepresented populations in the 
fields of mathematics and science. 
(2) The Secretary, from the amount available under paragraph (1) 
for each fiscal year, shall reserve not to exceed $3,000,000 in each 
such year for the Director of the National Institute of Education for 
the purpose of conducting evaluation and research activities. Such 
evaluation and research activities shall include— 
(A) a policy analysis of alternative methods to improve in-
struction in mathematics and science; 
(B) an annual evaluation of the programs assisted under this 
title; and 
(C) research on improving teacher training, retraining, inserv-
ice training, and retention, as well as the development of cur-
riculum and materials in the fields of mathematics and science. 
One-half of the funds reserved under this paragraph shall be used 
for the research activities described in clause (C). 
(c) From 25 per centum of the amount available in each fiscal 
year, the Secretary shall make grants to institutions of higher 
education for the improvement and expansion of instruction in 
critical foreign languages. 
(d) In determining which languages are critical to national secu-
rity, economic, and scientific needs, the Secretary shall consult with 
the Secretary of State, the Secretary of Defense, the Secretary of 
Health and Human Services, and the Director of the National 
Science Foundation. The Secretary shall publish in the Federal 
Register a list of critical foreign languages. 
PAYMENTS 
SEC. 213. (a) From the amounts appropriated under section 203(b), 
the Secretary shall pay, in accordance with the provisions of this 
title, the costs of the programs and activities described in the 
application approved under section 209, and the costs of programs of 
national significance under section 211. 
(b) Payments under this title shall be made as soon after approval 
of the application as practicable. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1283 
TITLE III—NATIONAL SCIENCE FOUNDATION 
PROGRAM 
FOR PARTNERSHIPS IN EDUCATION FOR MATHEMATICS, 
SCIENCE, AND ENGINEERING 
SHORT TITLE 
S]EC. 301. This title may be cited as the "Partnerships in Education 
for Mathematics, Science, and Engineering Act". 
Partnerships in 
Education for 
Mathematics, 
Science, and 
Engineering Act. 
20 u s e 3981 
note. 
STATEMENT OF PURPOSE 
SEC. 302. It is the purpose of this title to supplement State and 
20 use 3981. 
local resources to— 
(1) improve the quality of instruction in the fields of mathe-
matics, science, and engineering in the State; 
(2) furnish additional resources and support for research, 
student scholarships, and faculty exchange programs in the 
fields of mathematics, science, and engineering; and 
(3) encourage partnerships in education between the business Business and 
community, institutions of higher education, and elementary 
industry. 
and secondary schools in the community. 
DEFINITIONS 
SEC. 303. As used in this title— 
20 use 3982. 
(1) the term "applicant" means with respect to activities 
described in section 305(a) an institution of higher education 
and the other participants described in paragraph (3) of section 
305(a), and with respect to activities described in section 305(b) a 
local educational agency and the other participants described in 
paragraph (3) of section 305(b); 
(2) the term "equipment" includes machinery, utilities, and 
built-in equipment and any necessary enclosures or structures 
to house them, and includes all other items necessary for the 
functioning of a particular facility as a facility for the provision 
of educational services, including items such as instructional 
equipment and necessary furniture, printed, published, and 
audio-visual instructional materials, and books, periodicals, doc-
uments, and other related materials; 
(3) the term "Foundation" means the National Science 
Foundation; 
(4) the term "institution of higher education" has the same 
meaning given that term by section 1201(a) of the Higher 
Education Act of 1965; 
20 use 1141. 
(5)' the term "States" includes the fifty States, the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, the Trust Territory of the Pacific 
Islands, and the Northern Mariana Islands; and 
(6) the term "State agency for higher education" means the 
State board of higher education or other agency or officer 
primarily responsible for the State supervision of higher educa-
tion, or if there is no such officer or agency, an officer or agency 
designated by the Governor or by State law. 
98 STAT. 1284 
PUBLIC LAW 98-377—AUG. 11, 1984 
Grants. 
20 u s e 3983. 
Appropriations 
authorization. 
PROGRAM AUTHORIZED 
SEC. 304. (a) The Foundation is authorized, in accordance with the 
provisions of this title, to make grants to applicants to pay the 
Federal share of the costs of the activities described in section 805. 
(b) There are authorized to be appropriated $80,000,000 for the 
fiscal year 1984, and $60,000,000 for the fiscal year 198.5, to carry out 
the provisions of this title. 
AUTHORIZED ACTIVITIES 
20 use 3984. 
SEC. 805. (a)(1) An applicant may use payments received under 
this title in any fiscal year for higher education programs and 
activities described in this subsection. 
(2) Grants under this subsection may be used for partnership in 
education programs— 
(A) for the improvement of instruction in mathematics, sci-
ence, computer science, and engineering education at the post-
secondary level; 
(B) for awarding scholarships to students at institutions of 
higher education in the fields of mathematics, science, computer 
science, and engineering; 
Business and 
(C) for the operation of faculty exchange programs by the 
industry. 
institutions of higher education and business concerns within 
the State; 
(D) for research in the fields of mathematics, science, 
computer science, and engineering; 
(E) for the acquisition, rehabilitation, and renovation of equip-
ment and instrumentation for use in instruction in the fields of 
mathematics, science, computer science, and engineering; and 
(F) to promote public understanding of science, mathematics, 
and computer science. 
(3) Education partnerships under this subsection may include 
institutions of higher education, business concerns, nonprofit pri-
vate organizations, local educational agencies, professional mathe-
matic and scientific associations, museums, libraries, educational 
television stations, and if the State so desires, appropriate State 
agencies. 
(b)(1) An applicant may use payments received under this title in 
any fiscal year for programs and activities described in this 
subsection. 
Business and 
(2) A local educational agency may carry out an elementary and 
industry. 
secondary school partnership in education program under which— 
(A) elementary and secondary school teachers in the schools 
of local educational agencies who teach mathematics, science, or 
computer science are made available to local business concerns 
and business concerns with establishments located in the com-
munity to serve in such concerns or establishments; 
(B) personnel of local business concerns and business concerns 
with establishments located in the community serve as consult-
ants, lecturers, teaching assistants, or teachers of mathematics, 
science, or computer science in the elementary and secondary 
schools within the State; 
(C) training and retraining is furnished to elementary and 
secondary school teachers of mathematics, science, and com-
puter science under a cooperative arrangement between the 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1285 
State or local educational agency and appropriate business 
concerns; 
(D) secondary school students observe, participate, and work 
in local business concerns and business concerns with establish-
ments located in the community; and 
(E) computer clubs and extracurricular activities involving 
modern technologies are established in elementary and second-
ary schools. 
(3) Partnerships under this subsection may include local educa-
tional agencies, business concerns, nonprofit private organizations, 
institutions of higher education, professional mathematic and scien-
tific associations, museums, libraries, educational television sta-
tions, and, if the State so desires, appropriate State agencies. 
Business and 
industry. 
^ 
APPLICATION 
SEC. 306. (a) Any applicant which desires to receive a grant under 
this title shall submit an application approved under section 307 to 
the Foundation, at such time, in such manner, and accompanied by 
such additional information as the Foundation may reasonably 
require. Each such application shall— 
(1) describe the activities for which assistance under this title 
is sought; 
(2) provide assurances that not more than 5 per centum of the 
amount received by the applicant in any fiscal year may be 
expended on administrative expenses; 
(3) with respect to each program for which assistance is 
sought, provide assurances that— 
(A) 30 per centum of the funds for each such project will 
be furnished by business concerns within the community; 
(B) 20 per centum of the funds will be supplied by— 
(i) the State, 
(ii) the institution of higher education or the local 
"*'• 
* "- 
educational agency, as the case may be, participating in 
J 
^ 
the program; and 
(iii) the other parties participating in the program; 
(C) no stipend will be paid directly to employees of a 
profitmaking business concern; and 
(D) teachers participating in the exchange program may 
not be employed by the participating business concern with 
which the teacher served within three years after the end 
sp > 
of the exchange program unless the teacher repays the full 
cost of the exchange program to the State and local educa-
tional agency, as the case may be; and 
(4) provide assurances that whenever the program for which 
assistance is sought includes scholarships, the scholarships be 
awarded to undergraduate students at institutions of higher 
education within the State who wish to pursue a course of study 
in mathematics or science, engineering or computer science, 
and that each student awarded a scholarship under this title 
will receive a stipend which shall not exceed the cost of tuition 
at the institution of higher education plus a stipend of not to 
exceed $750 for each academic year of study for which the 
scholarship is awarded; 
(5) set forth policies and procedures to assure that whenever 
the application includes a local educational agency, to the 
extent consistent with the number and location of children in 
Grants. 
20 use 3985. 
98 STAT. 1286 
PUBLIC LAW 98-377—AUG. 11, 1984 
the school district of such agency who are enrolled in private 
elementary and secondary schools, provision is made for the 
participation of such children in the program assisted under 
this title; 
(6) provide assurances that consideration is given to programs 
and activities designed to meet the needs of underrepresented 
and underserved populations; 
(7) provide assurances that in the consideration of applica-
tions submitted under section 307(a) that equitable consider-
ation is given to applications submitted by private and public 
institutions of higher education; and 
(8) provide such additional assurances as the Foundation 
determines essential to ensure compliance with the require-
ments of this title. 
(b) A regional consortium of applicants in two or more States may 
file a joint application under the provisions of subsection (a) of this 
section. 
SUBMISSION OF APPLICATIONS 
Grants. 
SEC. 307. Each applicant within a State which desires to receive a 
20 use 3986. 
grant under this title shall submit the application prepared in 
accordance with section 306 to the State agency on higher education 
or the State educational agency, as the case may be, for approval 
and shall submit the approved application to the Foundation under 
section 306. Each such application shall be submitted jointly by the 
local educational agency in the case of activities described in section 
305(a), or an institution of higher education in the case of activities 
described in section 305(b), and each business concern or other party 
that is to participate in the program for which assistance is sought. 
APPROVAL OF APPLICATIONS 
20 use 3987. 
SEC. 308. (a)(1) The Foundation shall establish criteria for ap-
proval of applications under this title. 
(2) No application may be approved by the Foundation unless the 
State educational agency or the State agency for higher education, 
as the case may be, determines that the application is consistent 
with State plans for elementary and secondary education or State 
plans for higher education, as the case may be, in the State. 
(b) The Foundation shall adopt approval procedures designed to 
assure that there is equitable distribution of grants among the 
States. 
PAYMENTS; FEDERAL SHARE; LIMITATION 
20 use 3988. 
SEC. 309. (a)(1) The Foundation shall pay, to each applicant having 
an application approved under section 308, the Federal share of the 
cost of the program described in the application. 
(2) The Federal share for each fiscal year shall be 50 per centum. 
(3) The non-Federal share of payments under this title may be in 
cash or in kind, fairly evaluated, including plant, equipment, or 
services. 
(b) Not more than 15 per centum of the funds appropriated under 
this title in any fiscal year may be paid to applicants in any single 
State. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1287 
TITLE IV—PRESIDENTIAL AWARDS FOR TEACHING 
EXCELLENCE IN MATHEMATICS AND SCIENCE 
PRESIDENTIAL AWARDS 
SEC. 401. (a) The President is authorized to make Presidential 
Awards for Teaching Excellence in Mathematics and Science to 
elementary and secondary school teachers of mathematics or science 
who have demonstrated outstanding teaching qualifications in the 
field of teaching mathematics or science. 
(b) Each year the President is authorized to make one hundred 
awards under subsection (a) of this section. In selecting elementary 
and secondary school teachers for the award authorized by this 
section, the President shall select at least one elementary school 
teacher and one secondary school teacher from each of the several 
States, the District of Columbia, and the Commonwealth of Puerto 
Rico. 
ADMINISTRATIVE PROVISIONS 
SEC. 402. The President shall carry out the provisions of this title, 
including the establishment of the selection procedures, after con-
sultation with the Secretary of Education, the Director of the Na-
tional Science Foundation, and other appropriate officials of Federal 
agencies. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 403. (a) There are authorized to be appropriated $1,000,000 for 
the fiscal year 1985 to carry out the provisions of this title. 
(b) Amounts appropriated pursuant to subsection (a) shall be 
available for making awards under this title, for administrative 
expenses, for necessary travel by teachers selected under this title, 
and for special activities related to carrying out the provisions of 
this title. 
TITLE V—ASBESTOS SCHOOL HAZARD ABATEMENT 
SEC. 501. This title may be cited as the "Asbestos School Hazard 
Abatement Act of 1984". 
FINDINGS AND PURPOSES 
SEC. 502. (a) The Congress finds that— 
(1) exposure to asbestos fibers has been identified over a long 
period of time and by reputable medical and scientific evidence 
as significantly increasing the incidence of cancer and other 
severe or fatal diseases, such as asbestosis; 
(2) medical evidence has suggested that children may be 
particularly vulnerable to environmentally induced cancers; 
(3) medical science has not established any minimum level of 
exposure to asbestos fibers which is considered to be safe to 
individuals exposed to the fibers; 
(4) substantial amounts of asbestos, particularly in sprayed 
form, have been used in school buildings, especially during the 
period 1946 through 1972; 
(5) partial surveys in some States have indicated that (A) in a 
number of school buildings materials containing asbestos fibers 
have become damaged or friable, causing asbestos fibers to be 
President of U.S. 
20 u s e 4001. 
President of U.S. 
20 u s e 4002. 
20 u s e 4003. 
Asbestos School 
Hazard 
Abatement Act 
of 1984. 
20 u s e 4011 
note. 
20 u s e 4011. 
98 STAT. 1288 
M PUBLIC LAW 98-377—AUG. 11, 1984 
dislodged into the air, and (B) asbestos concentration far exceed-
ing normal ambient air levels have been found in school build-
ings containing such damaged materials; 
(6) the presence in school buildings of friable or easily dam-
aged asbestos creates an unwarranted hazard to the health of 
the school children and school employees who are exposed to 
such materials; 
(7) the Department of Health and Human Services and the 
Environmental Protection Agency, as well as several States, 
have attempted to publicize the potential hazards to school 
children and employees from exposure to asbestos fibers, but 
there is no systematic program for remedying hazardous condi-
tions in schools; 
(8) because there is no Federal health standard regulating the 
concentration of asbestos fibers in noncommercial workplace 
environments such as schools, school employees and students 
may be exposed to hazardous concentrations of asbestos fibers 
in the school buildings which they use each day; 
(9) without a program of information distribution, technical 
and scientific assistance, and financial support, many local 
educational agencies and States will not be able to mitigate the 
potential asbestos hazards in their schools; and 
(10) the effective regulation of interstate commerce for the 
protection of the public health requires the establishment of 
programs under this title to mitigate hazards from exposure to 
asbestos fibers and materials emitting such fibers. 
(b) It is the purpose of this title to— 
(1) direct the Administrator of the Environmental Protection 
Agency to establish a program to assist States and local educa-
tional agencies to ascertain the extent of the danger to the 
health of school children and employees from asbestos materials 
in schools; 
(2) provide continuing scientific and technical assistance to 
State and local agencies to enable them to identify and abate 
asbestos hazards in schools; 
(3) provide financial assistance for the abatement of asbestos 
threats to the health and safety of school children or employees; 
and 
(4) assure that no employee of any local educational agency 
suffers any disciplinary action as a result of calling attention to 
potential asbestos hazards which may exist in schools. 
ASBESTOS HAZARD ABATEMENT PROGRAM 
Establishment. 
SEC. 503. (a)(1) There is hereby established a program within the 
20 use 4012. 
Environmental Protection Agency to be known as the Asbestos 
Hazards Abatement Program (hereinafter in this title referred to as 
"Program"). 
(b) The duties of the Administrator in implementing and effectu-
ating the Program shall include— 
(1) the compilation of medical, scientific, and technical infor-
mation including, but not limited to— 
(A) the health and safety hazards associated with asbestos 
materials; 
(B) the means of identifying, sampling, and testing mate-
rials suspected of emitting asbestos fibers; and 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1289 
(C) the means of abating the threat posed by asbestos and 
asbestos containing materials; 
(2) the distribution of the information described in paragraph 
(1) (in any appropriate form such as pamphlets, reports, or 
instructions) to State and local agencies and to other institu-
tions for the purpose of carrying out activities described in this 
title; 
(3) the development within forty-five days of enactment of this 
title of an interim or final application form, which shall be 
distributed promptly to local educational agencies; and 
(4) the review of applications for financial assistance, and the 
approval or disapproval of such applications, in accordance with 
j,. «
.
?
r 
the provisions of section 505. 
"' ' 
STATE PLANS 
SEC. 504. (a) Not later than three months after the date of 
20USC4013. 
enactment of this title, the Governor of each State shall submit to 
the Administrator a plan which describes the procedures to be used 
by the State for maintaining records on— 
(1) the presence of asbestos materials in school buildings of 
local educational agencies; 
(2) the asbestos detection and abatement activities conducted 
by local educational agencies (including activities relating to the 
replacement of the asbestos materials removed from school 
buildings with other appropriate building materials); 
(3) repairs made to restore school buildings to conditions 
comparable to those which existed before the abatement activi-
ties referred to in subparagraph (B) were undertaken. 
(b)(1) Not later than six months after the date of enactment of this 
title, and annually thereafter, the Governor of each State shall: 
(A) submit to the Administrator and the Secretary of the 
Department of Education a priority list of all schools under the 
authority of a local educational agency within the State, with- 
i,a^ 
out regard to the public or private nature of the school involved, 
*^"' 
that are candidates for abatement; 
(B) forward to the Administrator and the Secretary of the 
Department of Education for each candidate for abatement all 
applications for financial assistance prepared by the local edu-
cational agencies in accordance with the provisions of section 
503(b)(3) and section 505; and 
(C) forward to the Secretary of the Department of Education a 
copy of all information submitted to the Administrator in ac-
cordance with subsection (b)(3). 
(2) The priority list shall rank the potential candidates for abate-
ment action based on the nature and magnitude of the existing and 
potential exposure presented by the asbestos materials. 
(3) For each school listed, the Governor shall certify that the 
statement of need contained in the application for assistance accu-
rately reflects the financial resources available to the local educa-
tional agency for the asbestos abatement program. 
(4) For the purpose of determining the adequacy of the financial 
resources available to a local educational agency for the abatement 
of asbestos threats the Governor shall, to the extent practicable, 
consider the following: 
(A) A measure of financial need used by the State in which 
the local educational agency is located. 
31-194 - 0 - 86 - 5 : QL. 3 Part 2 
98 STAT. 1290 
PUBLIC LAW 98-377—AUG. 11, 1984 
Report. 
(B) The estimated per capita income of the locality of such 
agency or of those directly or indirectly providing financial 
support for such agency. 
(C) The extent to which the local school millage rate falls 
above or below (i) the millage rate average of the State and (ii) 
the millage rate of other local educational agencies with compa-
rable enrollment, per capita income and resource base. 
(D) The ratio, expressed as a percentage, of the estimated cost 
of the project to the total budget of the local educational agency. 
(E) The borrowing capacity of the local educational agency. 
(F) Any other factor that demonstrates that the local educa-
tional agency has limited financial resources. 
(c) Not later than nine months after the submission of the plan 
described in subsection (a), and each twelve months thereafter, the 
Governor shall submit to the Administrator a report which de-
scribes the actions taken by the State in accordance with its plan 
under such subsection. 
Asbestos 
Hazards 
Abatement 
Assistance 
Program. 
20 u s e 4014. 
Study. 
FINANCIAL ASSISTANCE 
SEC. 505. (a) There is hereby established within the Environmen-
tal Protection Agency an Asbestos Hazards Abatement Assistance 
Program (hereinafter in this Act referred to as the "Assistance 
Program"), which shall be administered in accordance with this 
section. 
(b)(1) Applications for financial assistance shall be submitted by a 
local educational agency, to the Governor, or the Governor's desig-
nee, who shall establish a priority list based on the criteria of 
section 504(b)(2). 
(2) Pursuant to section 504, applications shall be submitted, to-
gether with the Governor's report and priority list, to the Adminis-
trator who shall review and rank such applications pursuant to 
section 505(c)(2) and propose financing pursuant to the criteria of 
section 504(b)(4). 
(3) Within sixty days of receipt of the information described in 
section 504(b)(1), the Secretary of the Department of Education shall 
review such information and, in the Secretary's discretion, provide 
to the Administrator comments and recommendations based upon 
the needs of local educational agencies for financial assistance. 
Within sixty days of receipt of the Secretary's report, or expiration 
of the time allowed for such report, the Administrator shall approve 
or disapprove applications for financial assistance. 
(c)(1) The Administrator shall provide financial assistance on a 
school-by-school basis to local educational agencies in accordance 
with other provisions of this section to carry out projects for— 
(A) abating the threat posed by materials containing asbestos 
to the health and safety of children or employees; 
(B) replacing the asbestos materials removed from school 
buildings with other appropriate building materials; and 
(C) restoring school buildings to conditions comparable to 
those existing before abatement activities were undertaken pur-
suant to this section. 
(2) The Administrator shall review and list in priority order 
applications for financial assistance. In ranking applications, the 
Administrator shall consider— 
(A) the priority assigned to the abatement program by the 
Governor pursuant to section 504(b)(2); 
x-lL 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1291 
(B)(i) the likelihood of release of asbestos fibers into a school 
environment; 
(ii) any other evidence of the risk caused by the presence of 
asbestos including, but not limited to, situations in which there 
is a substantial quantity of dry loose asbestos-containing mate-
rial on horizontal surfaces or asbestos-containing material is 
substantially deteriorated or damaged, and there is asbestos-
containing material in an air plenum or in a high traffic area, 
confined space or within easy reach of a passerby; 
(iii) the extent to which the corrective action proposed by the 
applicant will reduce the exposure of school children and school 
employees; and 
(iv) the extent to which the corrective action proposed by the 
applicant is cost-effective compared to other techniques includ-
ing management of material containing asbestos. 
(3) In determining whether an applicant is eligible for assistance, 
and the nature and amount of financial assistance, the Administra-
tor shall consider— 
(A) the financial resources available to the applicant as certi-
fied by the Governor pursuant to section 504(b)(4); and 
(B) the report, if any, of the Secretary of Education pursuant 
to section 504(b)(5). 
(d) In no event shall financial assistance be provided under this 
title to an applicant if the Administrator determines that such 
applicant has resources adequate to support an appropriate asbestos 
materials abatement program. In making such a determination, the 
Administrator may consult with the Secretary of Education. 
(e)(1) An applicant for financial assistance may be granted a loan 
of up to 100 per centum of the costs of an abatement program or, if 
the Administrator determines the applicant is unable to undertake 
and complete an asbestos materials abatement program with a loan, 
such applicant may also receive a grant (alone or in combination 
with a loan) not to exceed 50 per centum of the total costs of 
abatement, in the amount which the Administrator 
deems 
necessary. 
(2) In approving any grant, the Administrator shall state with 
particularity the reasons why the applicant is unable to undertake 
and complete the abatement program with loan funds. 
(f) Loans under this section shall be made pursuant to agreements 
which shall provide for the following: 
(1) the loan shall not bear interest; 
(2) the loan shall have a maturity period of not more than 
twenty years (as determined by the Administrator) and shall be 
repayable during such period at such times and in such 
amounts as the Administrator may specify in the loan 
agreement; 
(3) repayment shall be made to the Secretary of the Treasury 
r 
for deposit in the general fund; and 
(4) such other terms and conditions that the Administrator 
determines necessary to protect the financial interest of the 
United States. 
(g)(1) No financial assistance may be provided under this section 
unless an application has been submitted to the Administrator 
within the five-year period beginning on the effective date of this 
title. 
(2) The Administrator shall not approve an application unless— 
Loans. 
Grants. 
Grants. 
Loans. 
98 STAT. 1292 
PUBLIC LAW 98-377—AUG. 11, 1984 
(A) the application contains such information as the Adminis-
trator may require, including but not limited to information 
describing— 
(i) the nature and extent of the asbestos problem for 
which the assistance is sought; 
(ii) the asbestos content of the material to be abated; 
(iii) the methods which will be used to abate the asbestos 
materials; 
(iv) the amount 
and type of financial 
assistance 
requested; 
(v) a description of the financial resources of the local 
educational agency; and 
(vi) a justification for the type and amount of the finan-
cial assistance requested. 
(B) the application contains a certification that— 
(i) any employee engaged in an asbestos material abate-
ment program will be trained and equipped pursuant to 
section 506(b)(2)(B); and 
(ii) no child or inadequately informed or protected school 
employee will be permitted in the vicinity of any asbestos 
abatement activity; 
(C) the application contains assurances that the local educa-
tional agency will furnish such information as is necessary for 
the Administrator to make the report required by section 507 of 
this title. 
(3) No financial assistance may be provided by the Administrator 
under this section for projects described in subsection (a)(2) on which 
abatement action was completed prior to January 1,1984. 
(B) Except as provided in section 512(b)(1) in approving appli-
cations the Administrator shall provide Eissistance to the local 
educational agencies having the highest priority among applica-
tions being considered in order of ranking until the appropri-
ated funds are expended. 
Regulations. 
SEC. 506. (a) The Administrator shall promulgate rules and regula-
20 use 4015. 
tions as necessary to implement the authorities and requirements of 
this title, 
(b) The Administrator shall also establish— 
(1) procedures to be used by local educational agencies, in 
programs for which financial assistance is made available under 
section 505 for— 
(A) abating asbestos materials in school buildings; 
(B) replacing the asbestos materials removed from school 
buildings with other appropriate building materials; and 
(C) restoring such school buildings to conditions compara-
ble to those existing before asbestos containment or 
removal activities were undertaken; and 
(2) within ninety days, standards for determining— 
(A) which contractors are qualified to carry out the activi-
ties referred to in paragraph (1), and 
(B) what training, equipment, protective clothing and 
other information and material must be supplied to ade-
quately advise and protect school employees utilized to 
carry out the activities in paragraph (1). 
(3) nothing contained in this title shall be construed, inter-
preted or applied to diminish in any way the level of protection 
required under State or Federal worker protection laws. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1293 
(c) In order to effectuate the purposes of this title, the Administra-
tor may also adopt such other procedures, standards and regulations 
as the Administrator deems necessary, including— 
(1) procedures for testing the level of asbestos fibers in 
schools, including safety measures to be followed in conducting 
such tests; 
(2) standards for evaluating (on the basis of such tests) the 
« 
likelihood of the leakage of asbestos fibers into the school 
environment; and 
(3) periodic reporting with respect to the activities that have 
taken place using funds loaned or granted under this title. 
ANNUAL REPORT 
SEC. 507. During each of the ten calendar years after the year in Loans, 
which this title is enacted, the Administrator shall prepare and 
^J^^g^ ^Q^Q 
submit not later than February 1 of each year a report to the 
Committee on Environment and Public Works of the United States 
Senate and the Committee on Energy and Commerce of the United 
States House of Representatives on the loan and grant program 
authorized by section 505 of this title. The report shall— 
(1) describe the number of applications received; 
(2) describe the number of loans and grants made in the 
preceding calendar year and specify each applicant for and 
recipient of a loan or grant; 
(3) specify the number of loan or grant applications which 
were disapproved during the preceding calendar year and de-
I 
scribe the reasons for such disapprovals; 
t 
(4) describe the types of programs for which loans or grants 
were made; 
«U oii 
(5) specify the estimated total costs of such programs to the 
recipients of loans or grants and specify the amount of loans or 
grants made under the program authorized by this section; and 
(6) estimate the number of schools still in need of assistance. 
SEC. 508. (a)(1) As a condition of the award of any financial Suits. 
assistance under section 505, the recipient of any such loan or grant 
20 USC 4017. 
shall permit the United States to sue on behalf of such recipient any 
person determined by the Attorney General to be liable to the 
recipient for the costs of any activities undertaken by the recipient 
under such sections. 
(2) The proceeds from any judgment recovered in any suit brought 
by the United States under paragraph (1) (or, if the recipient files a 
similar suit on its own behalf, the proceeds from a judgment recov-
ered by the recipient in such suit) shall be used to repay to the 
United States, to the extent that the proceeds are sufficient to 
provide for such repayment, an amount equal to the sum of^ 
(A) the amount (i) outstanding on any loan and (ii) of any 
grant made to the recipient; and 
(B) an amount equal to the interest which would have been 
charged on such loan were the loan made by a commercial 
lender at prevailing interest rates (as determined by the 
Administrator). 
(b) The Attorney General shall, where appropriate, proceed in an 
expeditious manner to recover the amounts expended by the United 
States to carry out this title from the persons identified by the 
Attorney General as being liable for such costs. 
98 STAT. 1294 
PUBLIC LAW 98-377—AUG. 11, 1984 
Discrimination, 
SEC. 509. No State O
F local educational agency receiving assistance 
prohibition. 
under this title may discharge any employee or otherwise discrimi-
20 use 4018. 
jjQ^g against any employee with respect to the employee's compensa-
tion, terms, conditions, or privileges of employment because the 
employee has brought to the attention of the public information 
concerning any asbestos problem in the school buildings within the 
jurisdiction of such agency. 
Prohibitions. 
SEC. 510. Except as otherwise provided in section 508, nothing in 
20 use 4019. 
this title shall— 
(1) affect the right of any party to seek legal redress in 
connection with the purchase or installation of asbestos ma-
terials in schools or any claim of disability or death related 
to exposure to asbestos in a school setting; or 
(2) affect the rights of any party under any other law. 
20 use 4020. 
SEC. 511. For purposes of this t i t l e -
C
D the term "asbestos" means— 
(A) chrysotile, amosite, or crocidolite; or 
(B) in fibrous form, tremolite, anthophyllite, or actinolite; 
(2) the term "Attorney General" means the Attorney General 
of the United States; 
(3) the term "threat" or "hazard" means that an asbestos 
material is friable or easily damaged, or within each reach of 
students or employees or otherwise susceptible to damage 
(including damage from water or air circulation) which 
could result in the dispersal of asbestos fibers into the school 
environment; 
(4) the term "local educational agency" means— 
(A) any local educational agency as defined in section 
198(a)(10) of the Elementary and Secondary Education Act 
20 use 2854. 
of 1965; and 
(B) the governing authority of any nonprofit elementary 
or secondary school; 
^ 
(5) the term "nonprofit elementary or school" means— 
(A) any elementary or secondary school as defined in 
section 198(a)(7) of the Elementary and Secondary Educa-
tion Act of 1965 owned and operated by one or more 
nonprofit corporations or associations no part of the net 
earnings of which inures, or may lawfully inure, to the 
benefit of any private shareholder or individual; and 
(B) any school of any agency of the United States; 
(6) the term "school buildings" means— 
(A) structures suitable for use as classrooms, laboratories, 
libraries, school eating facilities, or facilities used for the 
preparation of food; 
(B) any gymnasium or other facility which is specially 
designed for athletic or recreational activities for an aca-
demic course in physical education; 
(C) other facilities used for the instruction of students, for 
research, or for the administration of educational or 
research programs; and 
(D) maintenance, storage, or utility facilities essential to 
the operation of the facilities described in subparagraphs 
(A) through (C) of this paragraph; 
(7) the term "Administrator" means the Administrator of the 
Environmental Protection Agency, or the Administrator's 
designee; 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1295 
(8) the term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, and the 
Bureau of Indian Affairs. 
SEC. 512. (aXD There are hereby authorized to be appropriated for 
the asbestos abatement program not more than $50,000,000 for the 
fiscal year ending on September 30, 1984, $50,000,000 for the fiscal 
year ending on September 30, 1985, and $100,000,000 for each of the 
five succeeding fiscal years. 
(2) The sums appropriated under this title shall remain available 
until expended. 
(bXD A State with qualified applicants shall receive no less than 
one-half of 1 per centum of the sums appropriated under this title or 
the total of the amounts requested by such applicants, whichever is 
less. Those amounts available in each fiscal year under this para-
graph shall be obligated before the end of that fiscal year. For the 
purposes of this paragraph the term "State" means each of the 
several States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Bureau of Indian Affairs and, taken together, 
Guam, American Samoa, the Virgin Islands, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands. 
(2) Of those sums appropriated for the implementation of this 
title, up to 10 per centum shall be reserved during the fiscal year 
ending September 30, 1984, and up to 5 per centum for the fiscal 
year ending September 30, 1985, for the administration of this title 
and for programs including, but not limited to, the following: 
(A) the establishment of a training center for contractors, 
engineers, school employees, parents and other personnel to 
provide instruction on eisbestos assessment and abatement; 
(B) the development and dissemination of abatement guidance 
documents to assist in evaluation of potential hazards, and the 
determination of proper abatement programs; 
(C) the development of rules and regulations regarding inspec-
tion, reporting and record-keeping; and 
(D) the development of a comprehensive testing and technical 
assistance program. 
Appropriations 
authorization. 
20 u s e 4021. 
TITLE VI—EXCELLENCE IN EDUCATION PROGRAM 
SHORT TITLE 
SEC. 601. This title may be cited £is the "Excellence in Education 
Act". 
STATEMENT OF PURPOSE 
SEC. 602. It is the purpose of this title to make awards to local 
educational £igencies, after a competitive selection process, in order 
to carry out programs of excellence in individual schools of such 
agencies designed to achieve excellence in education, which— 
(1) demonstrate successful techniques for improving the qual-
ity of education, 
(2) can be disseminated and replicated, and 
(3) are conducted with the participation of school principals, 
schoolteachers, parents, and business concerns in the locality. 
Excellence in 
Education Act. 
20 u s e 4031 
note. 
20 u s e 4031. 
98 STAT. 1296 
PUBLIC LAW 98-377—AUG. 11, 1984 
DEFINITIONS 
20 use 4032. 
SEC. 603. For the purpose of this title— 
(1) The term "elementary school" has the same meaning 
given that term under section 198(aX7) of the Elementary and 
20 use 2854. 
Secondary Education Act of 1965. 
(2) The term "local educational agency" has the same mean-
ing given that term under section 198(a)(10) of the Elementary 
and Secondary Education Act of 1965. 
(3) The term "secondary school" has the same meaning given 
that term under section 198(a)(7) of the Elementary and Second-
ary Education Act of 1965. 
(4) The term "Secretary" means the Secretary of Education. 
(5) The term "State" means each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands. 
(6) The term "State educational agency" has the same mean-
ing given that term under section 198(a)(17) of the Elementary 
and Secondary Education Act of 1965. 
SCHOOL EXCELLENCE AWARDS AUTHORIZED 
20 use 4033. 
SEC 604. (a) The Secretary is authorized, in accordance with the 
provisions of this title, to make awards to local educational agencies 
for school excellence programs which are consistent with the pur-
pose of this title. 
Appropriations 
(bXD There are authorized to be appropriated $16,000,000 for each 
authorization. 
of the fiscal years 1984 and 1985 to carry out the provisions of this 
title. 
(2) From the amount appropriated in each fiscal year, the Secre-
tary shall reserve $3,000,000 in each fiscal year to carry out the 
provisions of section 607. 
(3) From the amount appropriated in each fiscal year, the Secre-
tary shall reserve $1,000,000 in each fiscal year to carry out the 
provisions of section 608. 
SELECTION OF SCHOOLS FOR AWARDS 
20 use 4034. 
SEC. 605. (aXD The Secretary is authorized to establish, in accord-
ance with the provisions of this section, criteria for the selection of 
schools to receive awards under this title. Each local educational 
agency desiring to participate in the awards program authorized by 
this title shall submit a proposal nominating each specific school of 
that agency for school improvement activities designed to carry out 
the purpose of this title. Each such submission shall be made to the 
chief State school officer of the State in which the local educational 
agency is located. 
(2) The criteria required by paragraph (1) of this subsection shall 
include standards for each local educational agency to nominate 
schools of that agency— 
(A) which have the potential to experiment with standards of 
quality; and 
(B) which show promise of demonstrating that the school will 
carry out well-planned, creative, or innovative activities 
designed to carry out the purposes of this title in a successful 
manner. 
(3) Each proposal submitted under this subsection shall contain— 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1297 
(A) a description of the activities which will be conducted in 
the school nominated, 
(B) assurances that the school to be nominated will carry out 
the activities so described, and 
(C) such other information as may be necessary to carry out 
paragraph (2) of this subsection. 
(b)(1)(A) The chief State school officer of each State shall in each 
fiscal year from the proposed nominations made pursuant to subsec-
tion (a) select twenty-five schools for submission to the Secretary. 
(B) In the case of the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands, the chief educational 
officer of such jurisdiction shall nominate five schools in accordance 
with this subsection. 
(2) In selecting schools from proposed nominations submitted 
under subsection (a), the chief State school officer shall assure a fair 
and equitable distribution of schools within the State, after 
considering— 
(A) all categories of elementary and secondary schools within 
the State, including elementary schools, junior high schools, 
secondary schools, vocational-technical schools, or any combina-
tion of two or more of the schools; 
(B) socioeconomic conditions in the State; 
(C) geographic distribution within the State; 
(D) school size; 
• " ''" 
(E) the size and location of the community in which the school 
is located; 
(F) the local governmental arrangements between the govern-
ment and the local educational agency making the nomination; 
(G) the potential for the proposed project to successfully 
demonstrate techniques for improving the quality of education 
which can be disseminated and replicated; and 
(H) such other relevant factors as the Secretary may 
i 
prescribe. 
(3) Each State shall submit to the Secretary the school nomina-
tions made in accordance with this subsection. Each such submis-
sion may include such additional information as the chief State 
€? C
'
i 
school officer (the chief educational officer as prescribed in para- 
" ' 
' 
graph (1)(B)), and the local educational agency concerned deem 
appropriate. 
(c)(1) The Secretary shall select not more than five hundred 
schools from among the nominations submitted pursuant to subsec-
tion (b) of this section. The selection under this subsection shall be 
made by the Secretary after an impartial review panel has consid-
ered each submission. The review and selection shall be based upon 
the factors described in subsection (b)(2) and in accordance with 
uniform criteria developed by the Secretary. 
(2) In making the selections under paragraph (1), the Secretary 
shall give priority to proposals which have the highest potential for 
successfully demonstrating techniques to improve the quality of 
education and which can be disseminated and replicated. In addition 
the Secretary shall give priority to proposals which have as their 
> ;' 
purposes— 
(A) modernization and improvement of secondary school cur-
ricula to improve student achievement in academic or voca-
tional subjects, or both, and competency in basic functional 
skills; 
98 STAT. 1298 
PUBLIC LAW 98-377—AUG. 11, 1984 
(B) the elimination of excessive electives and the establish-
ment of increased graduation requirements in basic subjects; 
(C) improvement 
in student attendance and 
discipline 
through the demonstration of innovative student motivation 
techniques and attendance policies with clear sanctions to 
reduce student absenteeism and tardiness; 
(D) demonstrations designed to increase learning time for 
students; 
(E) experimentation providing incentives to teachers, and 
teams of teachers for outstanding performance, including finan-
cial awards, administrative relief such as the removal of paper-
work and extra duties, and professional development; 
(F) demonstrations to increase student motivation 
and 
achievement through creative combinations of independent 
study, team teaching, laboratory experience, technology utiliza-
tion, and improved career guidance and counseling; or 
(G) new and promising models of school-community and 
school-to-school relationships including the use of nonschool 
personnel to alleviate shortages in areas such as math, science, 
and foreign language instruction, as well as other partner-
ships between business and education, including the use of 
equipment. 
AMOUNT AND CONDITIONS OF AWARDS 
20 use 4035. 
SEC. 606. (a)(1) A school award made to a local educational agency 
pursuant to this title may not exceed $25,000 in any fiscal year or a 
total of $40,000. 
(2) The amount of each individual school award made pursuant to 
this title shall be determined by the Secretary based upon the size of 
the school, the number of students enrolled in the school, and the 
number of teachers teaching in the school. 
(b) Awards made under this title may not be made for more than 
Prohibition. 
two school years. No individual school may be eligible for any 
additional award under this title. 
SPECIAL SCHOOL AWARDS 
20 use 4036. 
SEC. 607. (a) From the amount reserved under section 604(b)(2) in 
any fiscal year, the Secretary is authorized to make awards to 
schools nominated in accordance with the provisions of section 605 
to pay the Federal share of the activities described in the proposal if 
the local educational agency provides further assurances that funds 
from the private sector will be contributed for carrying out the 
activities for which assistance is sought. 
(b) For purposes of this section, the Federal share for each fiscal 
year shall be not less than 67% per centum nor more than 90 per 
centum. The Secretary shall set the Federal share for categories of 
school awards based upon uniform criteria established by the 
Secretary. 
RESEARCH, EVALUATION, DISSEMINATION, AND MONITORING ACTIVITIES 
20 use 4037. 
SEC. 608. (a) From the amount set aside under section 604(b)(3), the 
Secretary shall conduct research, evaluation, and dissemination 
activities to assure that exemplary projects and practices which are 
developed with assistance provided under this title are made avail-
able to local educational agencies throughout the United States. 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1299 
(b) The Secretary shall use such amount of the funds reserved 
pursuant to section 604(bH3) as is necessary to carry out the provi-
sions of this subsection. The Secretary shall establish an independ-
ent panel to monitor the success of the programs assisted by this 
title in achieving the national objectives in improving instruction 
and the achievement of the students. 
Independent 
Monitoring 
Panels. 
TITLE VII—MAGNET SCHOOLS ASSISTANCE 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 701. There are authorized to be appropriated $75,000,000 for 
each of the fiscal years 1984, 1985, and 1986 to carry out the 
provisions of this title. 
ELIGIBILITY 
SEC. 702. A local educational agency is eligible to receive assist-
ance under this title if the local educational agency— 
(1) has received $1,000,000 less in the first fiscal year after the 
repeal of the Emergency School Assistance Act by section 5 of 
the Omnibus Budget Reconciliation Act of 1981 as a result of 
the repeal of that Act; or 
(2) is implementing a plan undertaken pursuant to a final 
order issued by a court of the United States, or a court of any 
State, or any other State agency or official of competent juris-
diction, and which requires the desegregation of minority group 
segregated children or faculty in the elementary and secondary 
schools of such agency; or 
(3) without having been required to do so, has adopted and is 
implementing, or will, if assistance is made available to it under 
this title, adopt and implement, a plan which has been approved 
by the Secretary as adequate under title VI of the Civil Rights 
Act of 1964 for the desegregation of minority group segregated 
children or faculty in such schools. 
r, 
STATEMENT OF PURPOSE 
SEC. 703. It is the purpose of this title— 
(1) to provide financial assistance to eligible local educational 
agencies to enable such agencies to establish and operate 
magnet schools; 
(2) to meet the special needs incident to the elimination of 
minority group segregation and discrimination among students 
and faculty in elementary and secondary schools; 
(3) to encourage the voluntary elimination, reduction, or pre-
vention of minority group isolation in elementary and second-
ary schools with substantial proportions of minority group 
students; and 
(4) to encourage the development of courses of instruction 
within magnet schools that will substantially strengthen the 
knowledge of academic subjects and the grasp of tangible and 
marketable vocational skills of students attending such schools. 
PROGRAM AUTHORIZED 
SEC. 704. The Secretary is authorized, in accordance with the 
provisions of this title, to make grants to eligible local educational 
agencies for use in magnet schools which are part of an approved 
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20 u s e 4052. 
20 u s e 3191. 
Discrimination, 
prohibition. 
42 u s e 2000d. 
20 u s e 4053. 
Discrimination, 
prohibition. 
Grants. 
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98 STAT. 1300 
PUBLIC LAW 98-877—AUG. 11, 1984 
desegregation plan and which are designed to bring students from 
different social, economic, ethnic, and racial backgrounds together. 
DEFINITION 
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SEC. 705. For the purpose of this title the term "magnet school" 
means a school or education center that offers a special curriculum 
capable of attracting substantial numbers of students of different 
racial backgrounds. 
USES OF FUNDS 
Grants. 
SEC. 706. (a) Grants made under this title may be used by eligible 
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local educational agencies for the planning for, and conduct of, 
programs in magnet schools, including— 
(1) courses of academic instruction offered at magnet schools; 
(2) courses of instruction in magnet schools offering secondary 
education or vocational education which is designed to increase 
the tangible and marketable skills of secondary school students 
and vocational school students; 
(3) the purchase of books, materials, and equipment including 
computers, which directly contribute to academic excellence 
and the purposes of this title; and 
(4) the payment of or subsidization of the compensation of 
elementary and secondary school teachers in magnet schools 
who are certified or licensed by the State and who are necessary 
to carry out the courses of instruction for which assistance is 
sought. 
APPLICATIONS AND REQUIREMENTS 
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SEC. 707. (a) Each eligible local educational agency which desires 
to receive assistance under this title shall submit an application to 
the Secretary. Each such application shall be in such form as the 
Secretary may reasonably require. Each such application shall con-
tain assurances that the local educational agency will meet the 
conditions enumerated in subsection (b). 
Discrimination, 
(b) As part of the annual application required by subsection (a), 
prohibition. 
each eligible local educational agency shall certify that the agency 
agrees— 
(1) to use funds made available under this title for the pur-
poses specified in section 703; 
(2) to employ teachers in the courses of instruction assisted 
under this title who are certified or licensed by the State to 
teach the subject matter of the courses of instruction; 
(3) to provide assurances that the local educational agency 
will not engage in discrimination based upon race, religion, 
color, or national origin in the hiring, promotion, or assignment 
of employees of the agency or other personnel for whom the 
agency has any administrative responsibility; 
(4) to provide assurances that the local educational agency 
will not engage in discrimination based upon race, religion, 
color, or national origin in the mandatory assignment of stu-
dents to schools or to courses of instruction within schools of 
such agency except to carry out the approved plan; 
(5) to provide assurances that the local educational agency 
will not engage in discrimination based upon race, religion, 
color, or national origin in designing or operating extracurric-
ular activities for students; and 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1301 
(6) to provide such other assurances as the Secretary deter-
mines necessary to carry out the provisions of this title. 
(c) No application may be approved under this section unless the 
Assistant Secretary of Education for Civil Rights determines that 
the assurances contained in clauses (3), (4), and (5) will be met. 
SPECIAL CONSIDERATION 
SEC. 708. In approving applications under this title the Secretary 
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shall give special consideration to— 
(1) the recentness of the implementation of the approved plan 
or modification thereof; 
(2) the proportion of minority group children involved in the 
approved plan; 
(3) the need for assistance based on the expense or difficulty of 
effectively carrying out an approved plan and the program or 
projects for which assistance is sought; and 
(4) the degree to which the program or project for which 
assistance is sought affords promise of achieving the purposes of 
this title. 
PROHIBITION 
SEC. 709. Grants under this title may not be used for consultants, 
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for transportation, or for any activity which does not augment 
academic improvement, or for the courses of instruction the sub-
stance of which is secular humanism. 
LIMITATION ON PAYMENTS 
SEC. 710. (a) No local educational agency may receive a grant 
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under this title for more than one fiscal year unless the Secretary 
determines that the program for which assistance was provided in 
the first fiscal year is making satisfactory progress in achieving the 
purposes of this title. 
(b) No local educational agency may expend more than 10 percent 
of the amount that the agency receives in any fiscal year for 
planning. 
(c) No State shall reduce the amount of State aid with respect to 
the provision of free public education or the amount of assistance 
received under chapter 2 of the Education Consolidation and 
Improvement Act of 1981 in any school district of any local educa- 
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tional agency within such State because of assistance made or to be ^^9 
made available to such agency under this title, except that a State 
may reduce the amount of assistance received under such chapter 2 
if the amount is attributable to clause (3) of section 577 (as in effect 
20 use 3832. 
prior to the date of enactment of section 502 of the Education for 
Economic Security Act) but only to the extent the amount is so 
attributable. The Secretary may waive the prohibition against the 
reduction of assistance received under chapter 2 and permit such a 
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reduction if the State demonstrates that the assistance under such s«9 
chapter 2 is not necessary to the local education agency concerned. 
PAYMENTS 
SEC. 711. (a) The Secretary shall pay to each local educational 
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agency having an application under this title the amount set forth 
in the application. Payments under this title for a fiscal year shall 
98 STAT. 1302 
PUBLIC LAW 98-377—AUG. 11, 1984 
remain available for obligation and expenditure by the recipient 
until the end of the succeeding fiscal year. 
(b)(1) If a local educational agency in a State is prohibited by law 
from providing for the participation of children and staff enrolled or 
employed in private nonprofit elementary and secondary schools as 
required by this title, the Secretary may waive such requirement 
with respect to local educational agencies in such State and, upon 
the approval of an application from a local educational agency 
within such State, shall arrange for the provision of services to such 
children enrolled in, or teachers or other educational staff of, any 
nonprofit private elementary or secondary school located within the 
school district of such agency if the participation of such children 
and staff would assist in achieving the purpose of this title. The 
services to be provided through arrangements made by the Secre-
tary under this paragraph shall be comparable to the services to be 
provided by such local educational agency under such application. 
(2) In determining the amount to be paid pursuant to paragraph 
(1), the Secretary shall take into account the number of children and 
teachers and other educational staff who, except for provisions of 
State law, might reasonably be expected to participate in the pro-
gram carried out under this title by such local educational agency. 
(3) If the Secretary determines that a local educational agency has 
substantially failed to provide for the participation on an equitable 
basis of children and staff enrolled or employed in private nonprofit 
elementary and secondary schools, the Secretary shall arrange for 
the provision of services to children enrolled in, or teachers or other 
educational staff of, the nonprofit private elementary or secondary 
school or schools located within the school district of such local 
educational agency, which services shall, to the maximum extent 
feasible, be identical with the services which would have been 
provided such children or staff had the local educational agency 
carried out such assurance. The Secretary shall pay the cost of such 
services from the grant to such local educational agency and shall 
have the authority for this purpose of recovering from such agency 
any funds paid to it under such grant. 
WITHHOLDING 
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SEC. 712. The provisions of sections 453 and 454 of the General 
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Education Provisions Act, relating to withholding and cease and 
1234c. 
desist orders, shall apply to the program authorized by this title. 
The Equal 
TITLE VIII—THE EQUAL ACCESS ACT 
Access Act. 
SHORT TITLE 
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SEC. 801. This title may be cited as "The Equal Access Act", 
note. 
DENIAL OF EQUAL ACCESS PROHIBITED 
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SEC. 802. (a) It shall be unlawful for any public secondary school 
which receives Federal financial assistance and which has a limited 
open forum to deny equal access or a fair opportunity to, or discrimi-
nate against, any students who wish to conduct a meeting within 
that limited open forum on the basis of the religious, political, 
philosophical, or other content of the speech at such meetings, 
(b) A public secondary school has a limited open forum whenever 
such school grants an offering to or opportunity for one or more 
PUBLIC LAW 98-377—AUG. 11, 1984 
98 STAT. 1303 
noncurriculum related student groups to meet on school premises 
during noninstructional time. 
(c) Schools shall be deemed to offer a fair opportunity to students 
who wish to conduct a meeting within its limited open forum if such 
school uniformly provides that— 
(1) the meeting is voluntary and student-initiated; 
(2) there is no sponsorship of the meeting by the school, the 
government, or its agents or employees; 
(3) employees or agents of the school or government are 
present at religious meetings only in a nonparticipatory 
* 
'* 
capacity; 
(4) the meeting does not materially and substantially inter-
fere with the orderly conduct of educational activities within 
the school; and 
(5) nonschool persons may not direct, conduct, control, or 
regularly attend activities of student groups. 
(d) Nothing in this title shall be construed to authorize the United 
States or any State or political subdivision thereof— 
(1) to influence the form or content of any prayer or other 
religious activity; 
(2) to require any person to participate in prayer or other 
religious activity; 
(3) to expend public funds beyond the incidental cost of pro-
viding the space for student-initiated meetings; 
(4) to compel any school agent or employee to attend a school 
meeting if the content of the speech at the meeting is contrary 
to the beliefs of the agent or employee; 
(5) to sanction meetings that are otherwise unlawful; 
(6) to limit the rights of groups of students which are not of a 
specified numerical size; or 
(7) to abridge the constitutional rights of any person. 
(e) Notwithstanding the availability of any other remedy under 
the Constitution or the laws of the United States, nothing in this 
title shall be construed to authorize the United States to deny or 
withhold Federal financial assistance to any school. 
(f) Nothing in this title shall be construed to limit the authority of 
the school, its agents or employees, to maintain order and discipline 
on school premises, to protect the well-being of students and faculty, 
and to assure that attendance of students at meetings is voluntary. 
DEFINITIONS 
SEC. 803. As used in this title— 
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(1) The term "secondary school" means a public school which 
provides secondary education as determined by State law. 
(2) The term "sponsorship" includes the act of promoting, 
leading, or participating in a meeting. The assignment of a 
teacher, administrator, or other school employee to a meeting 
for custodial purposes does not constitute sponsorship of the 
meeting. 
(3) The term "meeting" includes those activities of student 
groups which are permitted under a school's limited open forum 
and are not directly related to the school curriculum. 
(4) The term "noninstructional time" means time set aside by 
the school before actual classroom instruction begins or after 
actual classroom instruction ends. 
98 STAT. 1304 
PUBLIC LAW 98-377—AUG. 11, 1984 
SEVERABILITY 
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SEC. 804. If any provision of this title or the application thereof to 
any person or circumstances is judicially determined to be invalid, 
the provisions of the remainder of the title and the application to 
other persons or circumstances shall not be affected thereby. 
CONSTRUCTION 
20 use 4074. 
SEC. 805. The provisions of this title shall supersede all other 
provisions of Federal law that are inconsistent with the provisions of 
this title. 
Approved August 11, 1984. 
LEGISLATIVE HISTORY—H.R. 1310 (S. 1285): 
HOUSE REPORT 
No. 98-6, Pt. 1 (eomm. on Education and Labor) and Pt. 2 (eomm. 
on Science and Technology). 
SENATE REPORT No. 98-151 accompanying S. 1285 (Oomm. on Labor and Human 
Resources). 
eONGRESSIONAL REeORD: 
Vol. 129 (1983): Mar. 2, considered and passed House. 
Vol. 130 (1984): June 6, 26, S. 1285 considered in Senate. 
June 27, considered and passed Senate, amended, in lieu of 
S. 1285. 
July 25, House concurred in Senate amendment. 
WEEKLY eOMPILATION OF PRESIDENTIAL DOOUMENTS, Vol. 20, No. 33 (1984): 
Aug. 11, Presidential statement.