Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988
PL 100-297 (H.R.5), enacted 04/28/1988

102 STAT. 130 
PUBLIC LAW 100-297—APR. 28, 1988 
Public Law 100-297 
100th Congress 
An Act 
Apr. 28, 1988 
[H.R. 5] 
Augustus F. 
Hawkins-Robert 
T. Stafford 
Elementary and 
Secondary 
School 
Improvement 
Amendments of 
1988. 
State and local 
governments. 
20 u s e 2701 
note. 
To improve elementary and secondary education, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Augustus F. 
Hawkins-Robert T. Stafford Elementary and Secondary School 
Improvement Amendments of 1988". 
(b) TABLE OF CONTENTS.— 
Sec. 1. Short title; table of contents. 
TITLE I-ELEMENTARY AND SECONDARY EDUCATION PROGRAM 
AUTHORIZED 
Sec. 1001. Amendments to the Elementary and Secondary Education Act of I96.'j. 
"Sec. 1. Short title. 
"TITLE I—BASIC PROGRAMS 
"CHAPTER 1—FINANCIAL ASSISTANCE TO MEET SPECIAL EDUCATIONAL NEEDS OF 
CHILDREN 
"Sec. 1001. Declaration of policy and statement of purpose. 
"PART A—BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 
"SUBPART I—ALLOCATIONS 
"Sec. 1005. Basic grants. 
"Sec. 1006. Grants for local educational agencies in counties with especially 
high concentrations of children from low-income families. 
"SUBPART 2—BASIC PROGRAM REQUIREMENTS 
"Sec. 1011. Uses of funds. 
"Sec. 1012. Assurances and applications. 
"Sec. 1013. Eligible schools. 
"Sec. 1014. Eligible children. 
"Sec. 1015. Schoolwide projects. 
"Sec. 1016. Parental involvement. 
"Sec. 1017. Participation of children enrolled in private schools. 
"Sec. 1018. Fiscal requirements. 
"Sec. 1019. Evaluations. 
"Sec. 1020. State educational program improvement plan 
"Sec. 1021. Program improvement. 
"PART B—EVEN START PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 
"Sec. 1051. Statement of purpose. 
"Sec. 1052. Program authorization. 
"Sec. 1053. Allocation. 
"Sec. 1054. Uses of funds. 
"Sec. 1055. Eligible participants. 
"Sec. 1056. Applications. 
"Sec. 1057. Award of grants. 
"Sec. 1058. Evaluation. 
"Sec. 1059. Authorization of appropriations. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 131 
'PART C—SECONDARY SCHOOL PROGRAMS FOR BASIC SKILLS IMPROVEMENT AND 
DROPOUT PREVENTION AND REENTRY 
"Sec. 1101. Purpose. 
"Sec. 1102. Allocation. 
"Sec. 1103. Uses of funds. 
"Sec. 1104. Applications. 
"Sec. 1105. Award of grants. 
"Sec. 1106. Fiscal requirements and coordination provisions. 
"Sec. 1107. Evaluations. 
"Sec. 1108. Authorization of appropriations. 
"PART D—PROGRAMS OPERATED BY STATE AGENCIES 
"SUBPART 1—PROGRAMS FOR MIGRATORY CHILDREN 
"Sec. 1201. Grants—entitlement and amount. 
"Sec. 1202. Program requirements. 
"Sec. 1203. Coordination of migrant education activities. 
"SUBPART 2—PROGRAMS FOR HANDICAPPED CHILDREN 
"Sec. 1221. Amount and eligibility. 
"Sec. 1222. Program requirements. 
"Sec. 1223. Uses of funds. 
"Sec. 1224. Service and program applications. 
"Sec. 1225. Eligible children. 
"Sec. 1226. Federal monitoring requirement. 
"SUBPART 3—PROGRAMS FOR NEGLECTED AND DELINQUENT CHILDREN 
"Sec. 1241. Amount and entitlement. 
"Sec. 1242. Program requirements. 
"Sec. 1243. Transition services. 
"Sec. 1244. Definitions. 
"SUBPART 4—GENERAL PROVISIONS FOR STATE OPERATED PROGRAMS 
"Sec. 1291. Reservation of funds for territories. 
"Sec. 1292. Dual eligibility for programs. 
"PART E—PAYMENTS 
"Sec. 1401. Payment methods. 
"Sec. 1402. Amount of payments to local educational agencies. 
"Sec. 1403. Adjustments where necessitated by appropriations. 
"Sec. 1404. Payments for State administration. 
"Sec. 1405. Funds for the implementation of school improvement programs. 
"Sec. 1406. Limitation on grant to the Commonwealth of Puerto Rico. 
"PART F—GENERAL PROVISIONS 
"SUBPART 1—FEDERAL ADMINISTRATION 
"Sec. 1431. Federal regulations. 
"Sec. 1432. Availability of appropriations. 
"Sec. 1433. Withholding of payments. 
"Sec. 1434. Judicial review. 
"Sec. 1435. Evaluation. 
"Sec. 1436. Coordination of Federal, State, and local administration. 
"Sec. 1437. Authorization of appropriations for evaluation and technical assist-
ance. 
"Sec. 1438. Application of General Education Provisions Act. 
"Sec. 1439. National Commission on Migrant Education. 
"SUBPART 2—STATE ADMINISTRATION 
"Sec. 1451. State regulations. 
"Sec. 1452. Records £ind information. 
"Sec. 1453. Assignment of personnel. 
"Sec. 1454. Prohibition regarding State aid. 
"SUBPART 3—RURAL EDUCATIONAL OPPORTUNITIES 
"Sec. 1456. Program authorized. 
"Sec. 1457. Application priority requirements. 
"Sec. 1458. Coordination, dissemination, and report. 
"Sec. 1459. Authorization of appropriations. 
102 STAT. 132 
PUBLIC LAW 100-297—APR. 28, 1988 
SUBPART 4—STUDIES 
"Sec. 1461. Report on State and local evaluations. 
"Sec. 1462. National study on effect of programs on children. 
"Sec. 1463. Authorization of appropriations. 
"SUBPART 5—DEFINITIONS 
"Sec. 1471. Definitions. 
"SUBPART 6—MISCELLANEOUS PROVISIONS 
"Sec. 1491. Transition provisions. 
"CHAPTER 2—FEDERAL, STATE, AND LOCAL PARTNERSHIP FOR EDUCATIONAL 
IMPROVEMENT 
"Sec. 1501. Findings and statement of purpose. 
"Sec. 1502. Authorization of appropriations; duration of assistance. 
"PART A—STATE AND LOCAL PROGRAMS 
"SUBPART 1—GENERAL PROVISIONS 
"Sec. 1511. Allotment to States. 
"Sec. 1512. Allocation to local educational agencies. 
"SUBPART 2—STATE PROGRAMS 
"Sec. 1521. State uses of funds. 
"Sec. 1522. State applications. 
"SUBPART 3—LOCAL TARGETED ASSISTANCE PROGRAMS 
"Sec. 1531. Targeted use of funds. 
"Sec. 1532. Authorized activities. 
"Sec. 1533. Local application. 
"SUBPART 4—EFFECTIVE SCHOOLS PROGRAMS 
"Sec. 1541. Establishment. 
"Sec. 1542. Effective schools. 
"PART B—NATIONAL PROGRAMS AND ACTIVITIES 
"Sec. 1561. General authority. 
"Sec. 1562. National Diffusion Network activities. 
"Sec. 1563. Inexpensive Book Distribution program for reading motivation. 
"Sec. 1564. Arts in education program. 
"Sec. 1565. Law-related education program. 
"Sec. 1566. Blue Ribbon Schools program. 
"PART C—GENERAL ADMINISTRATIVE PROVISIONS 
"Sec. 1571. Maintenance of effort; Federal funds supplementary. 
"Sec. 1572. Participation of children enrolled in private schools. 
"Sec. 1573. Evaluations and reporting. 
"Sec. 1574. Federal administration. 
"Sec. 1575. Application of General Education Provisions Act. 
"Sec. 1576. Transition provisions. 
"TITLE II-CRITICAL SKILLS IMPROVEMENT 
"PART A—DWIGHT D. EISENHOWER MATHEMATICS AND SCIENCE EDUCATION ACT 
"Sec. 2001. Short title. 
"Sec. 2002. Statement of purpose. 
"Sec. 2003. Program authorized. 
"Sec. 2004. Allocation of funds. 
"Sec. 2005. In-State apportionment. 
"Sec. 2006. Elementary and secondary education programs. 
"Sec. 2007. Higher education programs. 
"Sec. 2008. State application. 
"Sec. 2009. Local application. 
"Sec. 2010. Participation of children and teachers from private schools. 
"Sec. 2011. Federal administration. 
"Sec. 2012. National programs. 
"Sec. 2013. Definitions. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 133 
"PART B—FOREIGN LANGUAGES ASSISTANCE 
"Sec. 2101. Short title. 
"Sec. 2102. Findings. 
"Sec. 2103. Program authorized. 
"Sec. 2104. Allotments. 
"Sec. 2105. Definitions. 
"Sec. 2106. Authorization of appropriations. 
'PART C—PRESIDENTIAL AWARDS FOR TEACHING EXCELLENCE IN MATHEMATICS AND 
SCIENCE AND IN FOREIGN LANGUAGES 
"Sec. 2201. Presidential awards. 
"Sec. 2202. Administrative provisions. 
"Sec. 2203. Authorization of appropriations. 
"TITLE III—MAGNET SCHOOLS ASSISTANCE 
"Sec. 3001. Authorization of appropriations; reservation. 
"Sec. 3002. Eligibility. 
"Sec. 3003. Statement of purpose. 
"Sec. 3004. Program authorized. 
"Sec. 3005. Definition. 
"Sec. 3006. Uses of funds. 
"Sec. 3007. Applications and requirements. 
"Sec. 3008. Special consideration. 
"Sec. 3009. Prohibitions. 
"Sec. 3010. Limitation on payments. 
"Sec. 3011. Payments. 
"Sec. 3012. Withholding. 
"TITLE IV—SPECIAL PROGRAMS 
"PART A—WOMEN'S EDUCATIONAL EQUITY 
"Sec. 4001. Short title; findings and statement of purpose. 
"Sec. 4002. Program authorized. 
"Sec. 4003. Application; participation. 
"Sec. 4004. Challenge grants. 
"Sec. 4005. Criteria and priorities. 
"Sec. 4006. Reports, evaluation, and dissemination. 
"Sec. 4007. Authorization of appropriations. 
"PART B—GIFTED AND TALENTED CHILDREN 
"Sec. 4101. Short title. 
"Sec. 4102. Findings and purposes. 
"Sec. 4103. Definitions. 
"Sec. 4104. Authorized programs. 
"Sec. 4105. Program priorities. 
"Sec. 4106. Participation of private school children and teachers. 
"Sec. 4107. Administration. 
"Sec. 4108. Authorization of appropriations. 
"PART C—ALLEN J. ELLENDER FELLOWSHIP PROGRAM 
"Sec. 4301. Findings. 
"SUBPART 1—PROGRAM FOR SECONDARY SCHOOL STUDENTS AND TEACHERS 
"Sec. 4311. Establishment. 
"Sec. 4312. Applications. 
"SUBPART 2—PROGRAMS FOR OLDER AMERICANS AND RECENT IMMIGRANTS 
"Sec. 4321. Establishment. 
"Sec. 4322. Applications. 
"SUBPART 3—GENERAL PROVISIONS 
"Sec. 4331. Administrative provisions. 
"Sec. 4332. Authorization of appropriations. 
"PART D—IMMIGRANT EDUCATION 
"Sec. 4401. Short title. 
"Sec. 4402. Definitions. 
"Sec. 4403. Authorizations and allocation of appropriations. 
"Sec. 4404. State administrative costs. 
102 STAT. 134 
PUBLIC LAW 100-297—APR. 28, 1988 
"Sec. 4405. Withholding. 
"Sec. 4406. State entitlements. 
"Sec. 4407. Uses of funds. 
"Sec. 4408. Applications. 
"Sec. 4409. Payments. 
"Sec. 4410. Reports. 
"PART E—TERRITORIAL ASSISTANCE 
"Sec. 4501. General assistance for the Virgin Islands. 
"Sec. 4502. Territorial teacher training assistance. 
"PART F—SECRETARY'S FUND FOR INNOVATION IN EDUCATION 
"Sec. 4601. Program authorized. 
"Sec. 4602. Optional tests for academic excellence. 
"Sec. 4603. Technology education. 
"Sec. 4604. Programs for computer-based education. 
"Sec. 4605. Progrsuns for the improvement of comprehensive school health 
education. 
"Sec. 4606. Alternative curriculum schools. 
"Sec. 4607. Authorization of appropriations. 
"TITLE V—DRUG EDUCATION 
"Sec. 5101. Short title. 
"Sec. 5102. Findings. 
"Sec. 5103. Purpose. 
"PART A—FINANCIAL ASSISTANCE FOR DRUG ABUSE EDUCATION AND PREVENTION 
PROGRAMS 
"Sec. 5111. Authorization of appropriations. 
"Sec. 5112. Reservations and State allotments. 
"PART B—STATE AND LOCAL PROGRAMS 
"Sec. 5121. Use of allotments by States. 
"Sec. 5122. State programs. 
"Sec. 5123. State applications. 
"Sec. 5124. Responsibilities of State educational agencies. 
"Sec. 5125. Local drug abuse education and prevention programs. 
"Sec. 5126. Local applications. 
"Sec. 5127. State reports. 
"PART C—NATIONAL PROGRAMS 
"Sec. 5131. Grants to institutions of higher education. 
"Sec. 5132. Federal activities. 
"Sec. 5133. Programs for Indian youth. 
"Sec. 5134. Programs for Hawaiian natives. 
"Sec. 5135. Regional centers. 
"PART D—GENERAL PROVISIONS 
"Sec. 5141. Definitions. 
"Sec. 5142. Functions of the Secretary of Education. 
"Sec. 5143. Participation of children and teachers from private nonprofit 
schools. 
"Sec. 5144. Materials. 
"PART E—MISCELLANEOUS PROVISIONS 
"Sec. 5191. Indian education programs. 
"Sec. 5192. Transition. 
"TITLE VI—PROJECTS AND PROGRAMS DESIGNED TO ADDRESS SCHOOL 
DROPOUT PROBLEMS AND TO STRENGTHEN BASIC SKILLS INSTRUCTION 
"PART A—ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS 
"Sec. 6001. Short title. 
"Sec. 6002. Purpose. 
"Sec. 6003. Authorization of appropriations. 
"Sec. 6004. Grants to local educational agencies. 
"Sec. 6005. Application. 
"Sec. 6006. Authorized activities. 
"Sec. 6007. Distribution of assistance; limitation on costs. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 135 
"PART B—ASSISTANCE TO PROVIDE BASIC SKILLS IMPROVEMENT 
"Sec. 6101. Short title. 
"Sec. 6102. Purpose. 
"Sec. 6103. Authorization of appropriations. 
"Sec. 6104. Grants to local educational agencies. 
"Sec. 6105. Authorized activities. 
"Sec. 6106. Application. 
"PART C—GENERAL PROVISIONS 
"Sec. 6201. General provisions. 
"Sec. 6202. Definitions. 
"TITLE VII—BILINGUAL EDUCATION PROGRAMS 
"Sec. 7001. Short title. 
"Sec. 7002. Policy; appropriations. 
"Sec. 7003. Definitions; regulations. 
"PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS 
"Sec. 7021. Bilingual education programs. 
"Sec. 7022. Indian children in schools. 
"PART B—DATA COLLECTION, EVALUATION, AND RESEARCH 
"Sec. 7031. Use of funds. 
"Sec. 7032. Grants for State programs. 
"Sec. 7033. Program evaluation requirements. 
"Sec. 7034. Evaluation eissistance centers. 
"Sec. 7035. Research. 
"Sec. 7036. Coordination of research. 
"Sec. 7037. Education statistics. 
"PART C—TRAINING AND TECHNICAL ASSISTANCE 
"Sec. 7041. Use of funds. 
"Sec. 7042. Multifunctional resource centers. 
"Sec. 7043. Fellowships. 
"Sec. 7044. Priority. 
"Sec. 7045. Stipends. 
"PART D—ADMINISTRATION 
"Sec. 7051. Office of Bilingual Education and Minority Languages Affairs. 
"Sec. 7052. Limitation of authority. 
"PART E—TRANSITION 
"Sec. 7063. Transition.". 
Sec. 1002. Conforming amendments. 
Sec. 1003. Repeals. 
Sec. 1004. Special rule on school dropout demonstration program. 
TITLE II—AMENDMENTS TO OTHER EDUCATIONAL PROGRAMS 
PART A—IMPACT AID PROGRAM 
Sec. 2001. Short title. 
SUBPART 1—PUBUC LAW 874 
Sec. 2011. Administrative amendments. 
Sec. 2012. Reauthorization. 
Sec. 2013. Federal acquisition of real property. 
Sec. 2014. Entitlements and payments. 
Sec. 2015. Method of payment. 
Sec. 2016. Children for whom local agency is unable to provide education. 
Sec. 2017. Disaster assistance. 
Sec. 2018. Treatment of children residing on property assisted under section 8 of 
the United States Housing Act of 1937. 
Sec. 2019. Children residing on, or whose parents are employed on, Federal 
property. 
Sec. 2020. Regulation requirements. 
Sec. 2021. Definition. 
102 STAT. 136 
PUBLIC LAW 100-297-APR. 28, 1988 
SUBPART 2—PUBLIC LAW 815 
Sec. 2031. Reauthorization. 
Sec. 2032. Administrative amendments. 
Sec. 2033. Disaster assistance. 
Sec. 2034. Technical amendment. 
PART B—ADULT EDUCATION 
Sec. 2101. Short title. 
Sec. 2102. Amendment to Adult Education Act. 
"TITLE III—ADULT EDUCATION PROGRAMS 
"Sec. 301. Short title. 
"PART A—BASIC PROGRAM PROVISIONS 
"Sec. 311. Statement of purpose. 
"Sec. 312. Definitions. 
"Sec. 313. Authorization of appropriations; allotments. 
"PART B—STATE PROGRAMS 
"SUBPART 1—BASIC STATE GRANTS 
"Sec. 321. Basic grants. 
"Sec. 322. Use of funds; local applications. 
"Sec. 323. Private sector adult education training. 
"Sec. 324. Local administrative cost limits. 
^'SUBPART 2—PROGRAMS FOR CORRECTIONS EDUCATION AND EDUCATION FOR OTHER 
INSTITUTIONALIZED 
INDIVIDUALS 
"Sec. 326. Program authorized. 
" S U B P A R T 3—STATE ADMINISTRATIVE RESPONSIBIUTIES 
"Sec. 331. State administration. 
"Sec. 332. State advisory council on adult education. 
" S U B P A R T 4—PLANNING AND APPLICATIONS 
"Sec. 341. State plan and application. 
"Sec. 342. Four-year State plan. 
"Sec. 343. State applications. 
" S U B P A R T 5—EVALUATION AND STATE PLAN AMENDMENTS 
"Sec. 351. State plan amendments. 
"Sec. 352. Evaluation. 
" S U B P A R T 6—DEMONSTRATION PROJECTS 
"Sec. 353. Special experimental demonstration projects and teacher training. 
" S U B P A R T 7—FEDERAL SHARE; FEDERAL ADMINISTRATIVE RESPONSIBIUTIES 
"Sec. 361. Payments. 
"PART C—WORKPLACE LITERACY AND ENGLISH LITERACY GRANTS 
"Sec. 371. Business, industry, labor, and education partnerships for workplace 
literacy. 
"Sec. 372. English literacy grants. 
"PART D—NATIONAL PROGRAMS 
"Sec. 381. Adult migrant farmworker and immigrant education. 
"Sec. 382. Adult literacy volunteer training. 
"Sec. 383. State program analysis assistance and policy studies. 
"Sec. 384. National research activities. 
"Sec. 385. Limitation.". 
PART C—EDUCATION FOR ECONOMIC SECURITY 
Sec. 2301. Reauthorization of partnership in education. 
Sec. 2302. Star Schools program authorized. 
"TITLE IX—STAR SCHOOLS PROGRAM 
"Sec. 901. Short title. 
"Sec. 902. Statement of purpose. 
"Sec. 903. Program authorized. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 137 
"Sec. 904. Eligible telecommunications partnerships. 
"Sec. 905. Applications. 
"Sec. 906. Dissemination of courses and materials under the Star Schools 
program. 
"Sec. 907. Definitions.". 
Sec. 2303. Repeals. 
PART D—VOCATIONAL EDUCATION 
Sec. 2401. Technical amendment. 
Sec. 2402. The National Center for Research in Vocational Education. 
PART E—COMPREHENSIVE CHILD DEVELOPMENT PROGRAM 
Sec. 2501. Short title. 
Sec. 2502. Statement of purpose. 
Sec. 2503. Program authorized. 
"Subchapter E—Comprehensive Child Development Program 
"Sec. 670m. Short title. 
"Sec. 670n. Child development projects. 
"Sec. 670o. Limitation. 
"Sec. 670p. Applicability of certain rules and regulations. 
"Sec. 670q. Continuing evaluation of projects. 
"Sec. 670r. General administration. 
"Sec. 670s. Definitions. 
"Sec. 670t. Authorization of appropriations.". 
Sec. 2504. Conforming amendments. 
PART F—HIGHER EDUCATION 
Sec. 2601. Robert T. Stafford student loan program. 
TITLE III—EDUCATIONAL ASSESSMENT, ACHIEVEMENT, AND 
ADMINISTRATION 
PART A—STATISTICS 
Sec. 3001. National Center for Education Statistics. 
Sec. 3002. Elementary and Secondary Education Act of 1965 data. 
PART B—FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND TEACHING 
Sec. 3201. Short title. 
Sec. 3202. Establishment of Fund. 
SUBPART 1—GRANTS FOR SCHOOLS AND TEACHERS 
Sec. 3211. Fund for the Improvement and Reform of Schools and Teaching. 
Sec. 3212. Applications. 
SUBPART 2—FAMILY-SCHOOL PARTNERSHIP 
Sec. 3221. Findings and purpose. 
Sec. 3222. Eligible agency. 
' 
Sec. 3223. Program authorized. 
SUBPART 3—ADMINISTRATIVE PROVISIONS 
Sec. 3231. Board authorized. 
Sec. 3232. Dissemination and reporting. 
Sec. 3233. Coordination with the Fund for the Improvement of Postsecondary 
Education. 
SUBPART 4—GENERAL PROVISIONS 
Sec. 3241. Special grant rules. 
Sec. 3242. Authorization of appropriations. 
Sec. 3243. Definitions. 
PART C—NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 
Sec. 3401. Short title. 
Sec. 3402. Statement of purpose. 
Sec. 3403. National assessment of educational progress. 
PART D—GENERAL EDUCATION PROVISIONS ACT 
Sec. 3501. Enforcement under the General Education Provisions Act. 
102 STAT. 138 
PUBLIC LAW 100-297—APR. 28, 1988 
"PART E—ENFORCEMENT 
"Sec. 451. Office of Administrative Law Judges. 
"Sec. 452. Recovery of funds. 
"Sec. 453. Measure of recovery. 
"Sec. 454. Remedies for existing violations. 
"Sec. 455. Withholding. 
"Sec. 456. Cease and desist orders. 
"Sec. 457. Compliance agreements. 
"Sec. 458. Judicial review. 
"Sec. 459. Use of recovered funds. 
"Sec. 460. Definitions.". 
TITLE IV—EDUCATION FOR NATIVE HAWAIIANS 
Sec. 4001. Findings. 
Sec. 4002. Purpose. 
Sec. 4003. Native Hawaiian model curriculum implementation project. 
Sec. 4004. Native Hawaiian family-based education centers. 
Sec. 4005. Native Hawaiian higher education demonstration program. 
Sec. 4006. Native Hawaiian gifted and talented demonstration program. 
Sec. 4007. Native Hawaiian special education program. 
Sec. 4008. Administrative provisions. 
TITLE V—INDIAN EDUCATION 
PART A—BUREAU AND CONTRACT SCHOOLS 
Sec. 5101. Short title. 
Sec. 5102. i-rohibition on transfers of Bureau and contract schools. 
Sec. 5103. Report on temporary actions taken for a year. 
Sec. 5104. Eligibility and expansion of Bureau funded schools. 
Sec. 5105. Dormitory criteria. 
Sec. 5106. Regulations. 
Sec. 5107. Formula modifications. 
Sec. 5108. Administrative cost. 
Sec. 5109. Local procurement. 
Sec. 5110. Coordinated programs. 
Sec. 5111. Consultation. 
Sec. 5112. Indian employment preference. 
Sec. 5113. Personnel compensation, recruitment, and retention studies. 
Sec. 5114. Regular compensation of Bureau educators; nonvoluntary furloughs. 
Sec. 5115. Post differentials. 
Sec. 5116. Early childhood development program. 
Sec. 5117. Definitions. 
Sec. 5118. Sequestration orders. 
Sec. 5119. Tribal departments of education. 
Sec. 5120. School boundaries. 
PART B—TRIBALLY CONTROLLED SCHOOL GRANTS 
Sec. 5201. Short title. 
Sec. 5202. Findings. 
Sec. 5203. Declaration of policy. 
Sec. 5204. Grants authorized. 
Sec. 5205. Composition of grants. 
Sec. 5206. Eligibility for grants. 
Sec. 5207. Duration of eligibility determination. 
Sec. 5208. Payment of grants; investment of funds. 
Sec. 5209. Application with respect to Indian Self-Determination and Education 
Assistance Act. 
Sec. 5210. Role of the Director. 
Sec. 5211. Regulations. 
Sec. 5212. Definitions. 
PART C—DEPARTMENT OF EDUCATION 
Sec. 5301. Short title. 
SUBPART 1—FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE 
EDUCATION OF INDIAN CHILDREN 
Sec. 5311. Declaration of policy. 
Sec. 5312. Grants to local educational agencies. 
Sec. 5313. Uses of Federal funds. 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 139 
Sec. 5314. Applications for grants; conditions for approval. 
Sec. 5315. Payments. 
Sec. 5316. Authorization of appropriations; adjustments. 
SUBPART 2—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL 
OPPORTUNmES FOR INDIAN CHILDREN 
Sec. 5321. Improvement of educational opportunities for Indian children. 
Sec. 5322. Special educational training programs for the teachers of Indian 
children. 
Sec. 5323. Fellowships for Indian children. 
Sec. 5324. Gifted and talented. 
SUBPART 3—SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS 
Sec. 5330. Improvement of educational opportunities for adult Indians. 
SUBPART 4—PROGRAM ADMINISTRATION 
Sec. 5341. Office of Indian Education. 
Sec. 5342. National Advisory Ck)uncil of Indian Education. 
Sec. 5343. Authorization of appropriations. 
SUBPART 5—MISCELLANEOUS 
Sec. 5351. Definitions. 
Sec. 5352. Conforming amendments. 
PART D—MISCELLANEOUS PROVISIONS 
Sec. 5401. Navajo community colleges. 
Sec. 5402. Payment of grants. 
Sec. 5403. Matching funds. 
Sec. 5404. Enrollment and general assistance payments. 
Sec. 5405. Use of Bureau facilities. 
Sec. 5406. Institute of American Indian and Aleiska Native Culture and Arts 
Development. 
PART E—WHITE HOUSE CONFERENCE ON INDIAN EDUCATION 
Sec. 5501. Findings. 
Sec. 5502. Authorization to call conference. 
Sec. 5503. Composition of conference. 
Sec. 5504. Administrative provisions. 
Sec. 5505. Reports. 
Sec. 5506. Advisory committee. 
Sec. 5507. Gifts and title to certain property. 
Sec. 5508. Authorization of appropriations. 
TITLE VI—GENERAL AND MISCELLANEOUS PROVISIONS 
PART A—MISCELLANEOUS EDUCATION PROVISIONS 
SUBPART 1 — E D U C A T I O N FOR THE HOMELESS 
Sec. 6001. Technical amendment. 
SUBPART 2—SPECIAL GRANT PROGRAM 
Sec. 6011. Education and training for individuals at risk. 
PART B—PROHIBITION OF DIAL-A-PORN 
Sec. 6101. Amendment to the Communications Act of 1934. 
PART C—STUDIES 
Sec. 6201. Even start study. 
Sec. 6202. Student dropout study. 
Sec. 6203. Study of State operated program for handicapped children. 
Sec. 6204. Study on tutoring programs. 
Sec. 6205. Study of local use of chapter 2 funds. 
Sec. 6206. National study of effective schools programs. 
Sec. 6207. Study of fund distribution. 
Sec. 6208. Study relating to women's educational equity. 
Sec. 6209. Immigrant education rep>ort and assessment. 
Sec. 6210. Annual report on education of Indian children. 
Sec. 6211. Research relating to bilingual education. 
Sec. 6212. Bilingual training fellowship impact study. 
Sec. 6213. Report on bilingual education. 
102 STAT. 140 
PUBLIC LAW 100-297—APR. 28, 1988 
Sec. 6214. Joint study of services. 
Sec. 6215. Report on projects developed with assistance from the Fund for Improve-
ment and Reform of Schools and Teaching. 
PART D—GENERAL PROVISIONS 
Sec. 6301. Definitions. 
Sec. 6302. Budget Act provisions. 
Sec. 6303. Effective date. 
TITLE I—ELEMENTARY AND SECONDARY 
EDUCATION PROGRAMS REAUTHORIZED 
SEC. 1001. AMENDMENT TO THE ELEMENTARY 
AND SECONDARY 
EDUCATION ACT OF 1965. 
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 
2701 et seq.) (other than title X of such Act) is amended to read as 
follows: 
20 u s e 2701 
"SECTION 1. SHORT TITLE. 
"This Act may be cited as the 'Elementary and Secondary Edu-
cation Act of 1965'. 
"TITLE I—BASIC PROGRAMS 
"CHAPTER 1—FINANCIAL ASSISTANCE TO MEET SPECIAL 
EDUCATIONAL NEEDS OF CHILDREN 
20 u s e 2701. 
"SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE. 
"(a) DECLARATION OF POLICY.—In recognition of^ 
"(1) the special educational needs of children of low-income 
families and the impact of concentrations of low-income families 
on the ability of local educational agencies to provide edu-
cational programs which meet such needs, and 
"(2) the special educational needs of children of migrant 
parents, of Indian children, and of handicapped, neglected, and 
delinquent children, 
the Congress declares it to be the policy of the United States to— 
"(A) provide financial assistance to State and local edu-
cational agencies to meet the special needs of such 
educationally deprived children at the preschool, ele-
mentary, and secondary levels; 
"(B) expand the program authorized by this chapter over 
the next 5 years by increasing funding for this chapter by at 
least $500,000,000 over baseline each fiscal year and 
thereby increasing the percentage of eligible children 
served in each fiscal year with the intent of serving all 
eligible children by fiscal year 1993; and 
"(C) provide such assistance in a way which eliminates 
unnecessary administrative burden and paperwork and 
overly prescriptive regulations and provides flexibility to 
State and local educational agencies in making educational 
decisions. 
"(b) STATEMENT OF PURPOSE.—The purpose of assistance under 
this chapter is to improve the educational opportunities of 
educationally deprived children by helping such children succeed in 
the regular program of the local educational agency, attain grade-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 141 
level proficiency, and improve achievement in basic and more ad-
vanced skills. These purposes shall be accomplished through such 
means as supplemental education programs, schoolwide programs, 
and the increased involvement of parents in their children's 
education. 
"PART 
A—BASIC 
PROGRAMS 
OPERATED 
BY 
LOCAL 
EDUCATIONAL 
AGENCIES 
"Subpart 1—Allocations 
"SEC. 1005. BASIC GRANTS. 
20 USC 2711. 
"(a) AMOUNT OF GRANTS.— 
"(1) GRANTS FOR TERRITORIES.—There is authorized to be Appropriation 
appropriated for each fiscal year for the purpose of this para- authorization, 
graph 1 percent of the amount appropriated for such year for 
payments to States under this section. The amount appro-
priated pursuant to this paragraph shall be allotted by the 
Secretary (A) among Guam, American Samoa, the Virgin Is-
lands, the Northern Mariana Islands, and the Trust Territory of 
the Pacific Islands according to their respective need for grants 
under this part, and (B) to the Secretary of the Interior in the 
amount necessary (i) to make payments pursuant to paragraph 
(1) of subsection (d), and (ii) to make payments pursuant to 
paragraph (2) of subsection (d). The grant which a local edu-
cational agency in Guam, American Samoa, the Virgin Islands, 
the Northern Mariana Islands, and the Trust Territory of the 
Pacific Islands is eligible to receive shall be determined pursu-
ant to such criteria as the Secretary determines will best carry 
out the purposes of this chapter. 
"(2) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO 
; 
RICO.— 
"(A) In any case in which the Secretary determines that 
satisfactory data for that purpose are available, the grant 
which a local educational agency in a State is eligible to 
receive under this subpart for a fiscal year shall (except as 
provided in paragraph (3)), be determined by multiplying 
the number of children counted under subsection (c) by 40 
percent of the amount determined under the next sentence. 
: The amount determined under this sentence shall be the 
average per pupil expenditure in the State except that (i) if 
the average per pupil expenditure in the State is less than 
80 percent of the average per pupil expenditure in the 
United States, such amount shall be 80 percent of the 
average per pupil expenditure in the United States, or (ii) if 
the average per pupil expenditure in the State is more than 
120 percent of the average per pupil expenditure in the 
United States, such amount shall be 120 percent of the 
average per pupil expenditure in the United States. 
"(B) In any case in which such data are not available, 
subject to paragraph (3), the grant for any local educational 
agency in a State shall be determined on the basis of the 
aggregate amount of such grants for all such agencies in 
the county or counties in which the school district of the 
particular agency is located, which aggregate amount shall 
be equal to the aggregate amount determined under 
102 STAT. 142 
PUBLIC LAW 100-297—APR. 28, 1988 
subparagraph (A) for such county or counties, and shall be 
allocated among those agencies upon such equitable basis 
as may be determined by the State educational agency in 
accordance with the basic criteria prescribed by the 
Secretary. 
"(C) For each fiscal year, the Secretary shall determine 
the percentage which the average per pupil expenditure in 
the Commonwealth of Puerto Rico is of the lowest average 
per pupil expenditure of any of the 50 States. The grant 
which the Commonwealth of Puerto Rico shall be eligible to 
receive under this subpart for a fiscal year shall be the 
amount arrived at by multiplying the number of children 
counted under subsection (c) for the Commonwealth of 
Puerto Rico by the product o
f
— 
"(i) the percentage determined under the preceding 
sentence; and 
"(ii) 32 percent of the average per pupil expenditure 
in the United States. 
"(3) SPECIAL ALLOCATION PROCEDURES.— 
"(A) Upon determination by the State educational agency 
that a local educational agency in the State is unable or 
unwilling to provide for the special educational needs of 
children described in clause (C) of paragraph (1) of subsec-
tion (c), who are living in institutions for neglected or 
delinquent children, the State educational agency shall, if it 
assumes responsibility for the special educational needs of 
such children, be eligible to receive the portion of the 
allocation to such local educational agency which is attrib-
utable to such neglected or delinquent children, but if the 
State educational agency does not assume such responsibil-
ity, any other State or local public agency, as determined by 
regulations established by the Secretary, which does 
assume such responsibility, shall be eligible to receive such 
portion of the allocation. 
"(B) In the case of local educational agencies which serve 
in whole or in part the same geographical area, and in the 
case of a local educational agency which provides free 
public education for a substantial number of children who 
reside in the school district of another local educational 
agency, the State educational agency may allocate the 
amount of the grants for those agencies among them in 
such manner as it determines will best carry out the pur-
poses of this chapter. 
"(C) In any State in which a large number of local 
educational agencies overlap county boundaries, the State 
educational agency may apply to the Secretary for author-
ity during any particular fiscal year to make the allocations 
under this part (other than section 1006) directly to local 
educational agencies without regard to the counties or may 
continue to make such allocations if the agency had the 
authority to do so under chapter 1 of the Education Consoli-
dation and Improvement Act of 1981. If the Secretary ap-
proves an application of a State educational agency for a 
particular year under this subparagraph, the State edu-
cational agency shall provide assurances that such alloca-
tions will be made using precisely the same factors for 
determining a grant as are used under this part and that a 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 143 
procedure will be established through which local edu-
cational agencies dissatisfied with the determinations made 
by the State educational agency may appeal directly to the 
Secretary for a final determination. 
"(4) DEFINITION.—For purposes of this subsection, the term 
'State' does not include Guam, American Samoa, the Virgin 
Islands, the Northern Mariana Islands, and the Trust Territory 
of the Pacific Islands. 
"(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—A local edu-
cational agency shall be eligible for a basic grant for a fiscal year 
under this subpart only if it meets the following requirements with 
respect to the number of children counted under subsection (c): 
"(1) In any case (except as provided in paragraph (3)) in which 
the Secretary determines that satisfactory data for the purpose 
of this subsection as to the number of such children are avail-
able on a school district basis, the number of such children in 
the school district of such local educational agency shall be at 
least 10. 
"(2) In any other case, except as provided in paragraph (3), the 
number of such children in the county which includes such local 
educational agency's school district shall be at least 10. 
"(3) In any case in which a county includes a part of the 
school district of the local educational agency concerned and the 
Secretary has not determined that satisfactory data for the 
purpose of this subsection are available on a school district basis 
for all the local educational agencies or all the counties into 
which the school district of the local educational agency con-
cerned extends, the eligibility requirement with respect to the 
number of such children for such local educational agency shall 
be determined in accordance with regulations prescribed by the 
Secretary for the purposes of this subsection. 
"(c) CHILDREN TO BE COUNTED.— 
Disadvantaged 
"(1) CATEGORIES OF CHILDREN.—The number of children to be persons, 
counted for purposes of this section is the aggregate of— 
"(A) the number of children aged 5 to 17, inclusive, in the 
school district of the local educational agency from families 
below the poverty level as determined under paragraph 
(2)(A), 
"(B) the number of children aged 5 to 17, inclusive, in the 
school district of such agency from families above the pov-
erty level as determined under paragraph (2)(B), and 
"(C) the number of children aged 5 to 17, inclusive, in the 
school district of such agency living in institutions for 
neglected or delinquent children (other than such institu-
tions operated by the United States) but not counted pursu-
ant to subpart 3 of part D for the purposes of a grant to a 
State agency, or being supported in foster homes with 
public funds. 
"(2) DETERMINATION OF NUMBER OF CHILDREN.— 
"(A) For the purposes of this section, the Secretary shall 
determine the number of children aged 5 to 17, inclusive, 
from families below the poverty level on the basis of the 
most recent satisfactory data available from the Depart-
ment of Commerce for local educational agencies (or, if such 
data are not available for such agencies, for counties); and 
in determining the families which are below the poverty 
level, the Secretary shall utilize the criteria of poverty used 
102 STAT. 144 
PUBLIC LAW 100-297—APR. 28, 1988 
by the Bureau of the Census in compiling the most recent 
decennial census. 
"(B) For purposes of this section, the Secretary shall 
determine the number of children aged 5 to 17, inclusive, 
from families above the poverty level on the basis of the 
number of such children from families receiving an annual 
income, in excess of the current criteria of poverty, from 
payments under the program of aid to families with depend-
ent children under a State plan approved under title IV of 
the Social Security Act; and in making such determinations 
the Secretary shall utilize the criteria of poverty used by 
the Bureau of the Census in compiling the most recent 
decennial census for a family of 4 in such form as those 
criteria have been updated by increases in the Consumer 
Price Index. The Secretary shall determine the number of 
such children and the number of children of such ages 
living in institutions for neglected or delinquent children, 
or being supported in foster homes with public funds, on the 
basis of the caseload data for the month of October of the 
preceding fiscal year (using, in the case of children de-
scribed in the preceding sentence, the criteria of poverty 
and the form of such criteria required by such sentence 
which were determined for the calendar year preceding 
such month of October) or, to the extent that such data are 
not available to the Secretary before January of the cal-
endar year in which the Secretary's determination is made, 
then on the basis of the most recent reliable data available 
to the Secretary at the time of such determination. The 
Secretary of Health and Human Services shall collect and 
transmit the information required by this subparagraph to 
the Secretary not later than January 1 of each year. 
"(C) When requested by the Secretary, the Secretary of 
Commerce shall make a special estimate of the number of 
children of such ages who are from families below the 
poverty level (as determined under subparagraph (A) of this 
paragraph) in each county or school district, and the Sec-
retary is authorized to pay (either in advance or by way of 
reimbursement) the Secretary of Commerce the cost of 
making this special estimate. The Secretary of Commerce 
shall give consideration to any request of the chief execu-
tive of a State for the collection of additional census 
information. For purposes of this section, the Secretary 
shall consider all children who are in correctional institu-
tions to be living in institutions for delinquent children. 
"(d) PROGRAM FOR INDIAN CHILDREN.— 
"(1) From the amount allotted for payments to the Secretary 
of the Interior under the second sentence of subsection (a)(1), the 
Secretary of the Interior shall make payments to local edu-
cational agencies, upon such terms as the Secretary determines 
will best carry out the purposes of this chapter with respect to 
out-ot-State Indian children in the elementary and secondary 
schools of such agencies under special contracts with the 
Department of the Interior. The amount of such payment may 
not exceed, for each such child, 40 percent of (A) the average per 
pupil expenditure in the State in which the agency is located, or 
(B) 120 percent of such expenditure in the United States, which-
ever is the greater. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 145 
"(2) The amount allotted for payments to the Secretary of the 
Interior under the second sentence of subsection (a)(1) for any 
fiscal year shall be, as determined pursuant to criteria estab-
lished by the Secretary, the amount necessary to meet the 
special educational needs of educationally deprived Indian chil-
dren on reservations serviced by elementary and secondary 
schools for Indian children operated with Federal assistance or 
operated by the Department of the Interior. Such payment shall Contracts, 
be made pursuant to an agreement between the Secretary and 
the Secretary of the Interior containing such assurances and 
terms as the Secretary determines will best achieve the pur-
poses of this chapter. Such agreement shall contain (A) an 
assurance that payments made pursuant to this subparagraph 
will be used solely for programs and projects approved by the 
Secretary of the Interior which meet the applicable require-
ments of subpart 2 of this part and that the Department of the 
Interior will comply in all other respects with the requirements 
of this chapter, and (B) provision for carrying out the applicable 
provisions of subpart 2 of this part and part F. Such agreement 
shall consider a tribal organization operating a school under the 
Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.) or the Tribally Controlled Schools Act of 1987 
as a local educational agency, and shall consider the Secretary 
of the Interior as a State or State educational agency for all 
purposes defining the authority of States or State educational 
agencies relative to local educational agencies. If, in the capac-
ity as a State educational agency, the Secretary of the Interior 
promulgates regulations applicable to such tribal organizations, 
the Secretary shall comply with section 1451 of this Act and 
with section 553 of title 5 of the United States Code, relating to 
administrative procedure, and such regulations must be consist-
ent with subsections (d) and (e) of section 1121, section 1130, and 
section 1133 of the Education Amendments of 1978. 
"(e) STATE MINIMUM.—(1) For any fiscal year for which— 
"(A) sums available for the purposes of this section exceed 
sums available under chapter 1 of the Education Consolidation 
and Improvement Act of 1981 for fiscal year 1988; and 
"(B)(i) sums available for the purpose of section 1006 equal or 
exceed $400,000,000, or 
"(ii) sums available for the purpose of section 1005 equal or 
exceed amounts appropriated for such purpose in fiscal year 
1988 by $700,000,000, 
the aggregate amount allotted for all local educational agencies 
within a State may not be less than one-quarter of 1 percent of the 
total amount available for such fiscal year under this section. 
"(2) The provisions of paragraph (1) shall apply only if each State 
is allotted an amount which is not less than the payment made to 
each State under chapter 1 of the Education Consolidation and 
Improvement Act of 1981 for fiscal year 1988. 
"(3)(A) No State shall, by reason of the application of the provi-
sions of paragraph (1) of this subsection, be allotted more than— 
"(i) 150 percent of the amount that the State received in the 
fiscal year preceding the fiscal year for which the determination 
is made, or 
"(ii) the amount calculated under subparagraph (B), 
whichever is less. 
102 STAT. 146 
PUBLIC LAW 100-297—APR. 28, 1988 
"(B) For the purpose of subparagraph (A)(ii), the amount for each 
State equals— 
"(i) the number of children in such State counted under 
subsection (c) in the fiscal year specified in subparagraph (A), 
multiplied by 
"(ii) 150 percent of the national average per pupil payment 
made with funds available under this section for that year. 
"(g) DURATION OF ASSISTANCE.—During the period beginning Octo-
ber 1, 1988, and ending September 30, 1993, the Secretary shall, in 
accordance with the provisions of this part, make payments to State 
educational agencies for grants made on the basis of entitlements 
created under this section. 
Disadvantaged 
"SEC. 1006. GRANTS FOR LOCAL EDUCATIONAL AGENCIES IN COUNTIES 
inTrop 9719 
^ ^ ^ " ESPECIALLY HIGH CONCENTRATIONS OF CHILDREN 
20 use 2712. 
FROM LOW-INCOME FAMILIES. 
"(a) ELIGIBILITY FOR AND AMOUNT OF SPECIAL GRANTS.— 
"(1)(A) Except as otherwise provided in this paragraph, each 
county, in a State other than Guam, American Samoa, the 
Virgin Islands, the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands, which is eligible for a grant 
under this chapter for any fiscal year shall be entitled to an 
additional grant under this section for that fiscal year i
f
— 
"(i) the number of children counted under section 1005(c) 
of this chapter in the school district of local educational 
agencies in such county for the preceding fiscal year 
exceeds 6,500, or 
"(ii) the number of children counted under section 1005(c) 
exceeds 15 percent of the total number of children aged five 
to seventeen, inclusive, in the school districts of local edu-
cational agencies in such county in that fiscal year. 
"(B) Except as provided in subparagraph (C), no State 
described in subparagraph (A) shall receive less than— 
"(i) one-quarter of 1 percent of the sums appropriated 
under subsection (c) of this section for such fiscal year; or 
"(ii) $250,000, 
whichever is higher. 
"(C) No State shall, by reason of the application of the provi-
sions of subparagraph (B)(i) of this paragraph, be allotted more 
than— 
"(i) 150 percent of the amount that the State received in 
the fiscal year preceding the fiscal year for which the 
determination is made, or 
"(ii) the amount calculated under subparagraph (B), 
whichever is less. 
"(D) For the purpose of subparagraph (C), the amount for each 
State equals— 
"(i) the number of children in such State counted for 
purposes of this section in the fiscal year specified in 
subparagraph (B), 
multiplied by 
"(ii) 150 percent of the national average per pupil pay-
ment made with funds available under this section for that 
year. 
"(2) For each county in which there are local educational 
agencies eligible to receive an additional grant under this sec-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 147 
tion for any fiscal year the Secretary shall determine the 
product of— 
"(A) the greater of— 
"(i) the number of children in excess of 6,500 counted 
under section 1005(c) for the preceding fiscal year, in 
the school districts of local educational agencies of a 
county which qualifies on the basis of subparagraph (A) 
of paragraph (1); or 
"(ii) the number of children counted under section 
1005(c) for the preceding fiscal year in the school dis-
tricts of local educational agencies in a county which 
qualifies on the basis of subparagraph (B) of paragraph 
(1); and 
"(B) the quotient resulting from the division of the 
amount determined for those agencies under section 
1005(a)(2) of this chapter for the fiscal year for which the 
determination is being made divided by the total number of 
children counted under section 1005(c) for that agency for 
the preceding fiscal year. 
"(3) The amount of the additional grant to which an eligible 
county is entitled under this section for any fiscal year shall be 
an amount which bears the same ratio to the amount reserved 
under subsection (c) for that fiscal year as the product deter-
mined under paragraph (2) for such county for that fiscal year 
bears to the sum of such products for all counties in the United 
States for that fiscal year. 
"(4) For the purposes of this section, the Secretary shall 
determine the number of children counted under section 1005(c) 
for any county, and the total number of children aged five to 
seventeen, inclusive, in school districts of local educational 
agencies in such county, on the basis of the most recent satisfac-
tory data available at the time the payment for such county is 
determined under section 1005. 
"(5)(A) Pursuant to regulations established by the Secretary 
and except as provided in subparagraphs (B) and (C) and para-
graph (6), funds allocated to counties under this part shall be 
allocated by the State educational agency only to those local 
educational agencies whose school districts lie (in whole or in 
part) within the county and which are determined by the State 
educational agency to meet the eligibility criteria of clauses (i) 
and (ii) of paragraph (1)(A). Such determination shall be made 
on the basis of the available poverty data which such State 
educational agency determines best reflect the current distribu-
tion in the local educational agency of low-income families 
consistent with the purposes of this chapter. The amount of 
funds under this part that each qualifying local educational 
agency receives shall be proportionate to the number or 
percentage of children from low-income families in the school 
districts of the local educational agency. 
"(B) In counties where no local educational agency meets the 
criteria of clause (i) or (ii) of paragraph (1)(A), the State edu-
cational agency shall allocate such funds among the local edu-
cational agencies within such counties (in whole or in part) in 
rank order of their respective concentration and numbers of 
children from low-income families and in amounts which are 
consistent with the degree of concentration of poverty. Only 
local educational agencies with concentrations of poverty that 
102 STAT. 148 
PUBLIC LAW 100-297—APR. 28, 1988 
exceed the county wide average of poverty shall receive any 
funds pursuant to the provisions of this subparagraph. 
"(C) In States which receive the minimum grant amount 
under paragraph (1), the State educational agency shall allocate 
such funds among the local educational agencies in such State 
by either of the following methods: 
"(i) in accordance with the provisions of subparagraphs 
(A) and (B) of this paragraph; or 
"(ii) without regard to the counties in which such local 
educational agencies are located, in rank order of their 
respective concentration and numbers of children from low-
income families and in amounts which are consistent with 
the degree of concentration of poverty, except that only 
those local educational Eigencies with concentrations of pov-
erty that exceed the Statewide average of poverty shall 
receive any funds pursuant to the provisions of this clause. 
"(6) A State may reserve not more than 2 percent of its 
allocation under this section for the purpose of making direct 
payments to local educational agencies that meet the criteria 
of clauses (i) and (ii) of paragraph (1)(A), but are otherwise 
ineligible. 
"(b) PAYMENTS; USE OF FUNDS.— 
"(1) The total amount which counties in a State are entitled to 
under this section for any fiscal year shall be added to the 
amount paid to that State under section 1401 for such year. 
From the amount paid to it under this section, the State shall 
distribute to local educational agencies in each county of the 
State the amount (if any) to which it is entitled under this 
section. 
"(2) The amount paid to a local educational agency under this 
section shall be used by that agency for activities undertaken 
pursuant to its application submitted under section 1012 and 
shall be subject to the other requirements in subpart 2 of this 
part. 
"(c) RESERVATION OF FUNDS.— 
"(1) For any fiscal year for which amounts appropriated for 
part A of this chapter exceed $3,900,000,000, the amounts speci-
fied in paragraph (2) of this subsection shall be available to 
^- 
carry out this section. 
"(2)(A) The first $400,000,000 in excess of $3,900,000,000 appro-
priated for part A of this chapter in any fiscal year shall be 
available to carry out this section. 
"(B) Whenever the amounts appropriated for part A exceed 
$4,300,000,000 in any fiscal year, 10 percent of the amount 
appropriated for that fiscal year shall be available to carry out 
this section, except that no State shall, as a result of im-
plementation of paragraph (2) of this subsection, receive less 
under section 1005 than it received for the previous fiscal year 
under such section or under section 554(aXlXA) of the Education 
Consolidation and Improvement Act of 1981. 
"(d) RATABLE REDUCTION RULE.—If the sums available under 
subsection (c) for any fiscal year for making payments under this 
section are not sufficient to pay in full the total amounts which all 
States are entitled to receive under subsection (a) for such fiscal 
year, the maximum amounts which all States are entitled to receive 
under subsection (a) for such fiscal year shall be ratably reduced. In 
case additional funds become available for making such payments 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 149 
for any fiscal year during which the preceding sentence is ap-
plicable, such reduced amounts shall be increased on the same basis 
as they were reduced. 
"Subpart 2—Basic Program Requirements 
"SEC. 1011. USES OF FUNDS. 
20 USC 2721. 
"(a) PROGRAM DESCRIPTION.— 
"(1) A local educational agency may use funds received under 
this part only for programs and projects which are designed to 
meet the special educational needs of educationally deprived 
children identified in accordance with section 1014 and which 
are included in an application for assistance approved by the 
State educational agency. 
"(2) Such programs and projects under paragraph (1) may 
include preschool through secondary programs; the acquisition 
of equipment and instructional materials; books and school 
library resources; employment of special instructional person-
nel, school counselors, and other pupil services personnel; 
employment and training of education aides; payments to teach-
ers of amounts in excess of regular salary schedules as a bonus 
for service in schools serving project areas; the training of 
teachers, librarians, other instructional and pupil services 
personnel, and, as appropriate, early childhood education 
professionals (including training in preparation for the im-
plementation of programs and projects in a subsequent school 
year); the construction, where necessary, of school facilities; 
parental involvement activities under section 1016; planning for 
and evaluation of such programs and projects assisted under 
this chapter; and other expenditures authorized under this 
chapter. 
"(3) State and local educational agencies are encouraged to 
develop programs to assist eligible children to improve their 
achievement in basic skills and more advanced skills and to 
consider year-round services and activities, including intensive 
summer school programs. 
"(b) INNOVATION PROJECTS.—Subject to the approval of the State 
educational agency, a local educational agency may use not more 
than 5 percent of payments under this part for the costs of conduct-
ing innovative projects developed by the local educational agency 
that include only— 
"(1) the continuation of services to children eligible for serv-
ices in any preceding year for a period sufficient to maintain 
progress made during their eligibility; 
"(2) the provision of continued services to eligible children 
transferred to ineligible areas or schools as part of a desegrega-
tion plan for a period not to exceed 2 years; 
"(3) incentive payments to schools that have demonstrated 
significant progress and success in attaining the goals of this 
chapter; 
"(4) training of chapter 1 and nonchapter 1 paid teachers and 
librarians with respect to the special educational needs of eli-
gible children and integration of activities under this part into 
regular classroom programs; 
102 STAT. 150 
PUBLIC LAW 100-297—APR. 28, 1988 
"(5) programs to encourage innovative approaches to parental 
involvement or rewards to or expansion of exemplary parental 
involvement programs; 
"(6) encouraging the involvement of community and private 
sector resources (including fiscal resources) in meeting the 
needs of eligible children; and 
"(7) assistance by local educational agencies of schools identi-
fied under section 1021(b). 
20 u s e 2722. 
"SEC. 1012. ASSURANCES AND APPLICATIONS. 
"(a) STATE EDUCATIONAL AGENCY ASSURANCES.—Any State desir-
ing to participate under this chapter shall submit to the Secretary, 
through its State educational agency, assurances that the State 
educational agency— 
"(1) will meet the requirements in section 435(b)(2) and (b)(5) 
of the General Education Provisions Act relating to fiscal con-
trol and fund accounting procedures; 
"(2) will carry out the activities required under this chapter 
with regard to evaluation and school program improvement; 
"(3) has on file a program improvement plan that meets the 
requirements of section 1020; and 
"(4) will ensure that its local educational agencies and State 
agencies receiving funds under this chapter comply with all 
applicable statutory and regulatory provisions pertaining to this 
chapter. 
Such assurances shall remain in effect for the duration of participa-
tion under this chapter. 
Grants. 
"(b) LocAL APPLICATIONS.—A local cducatioual agency may re-
ceive a grant under this chapter for any fiscal year if it has on file 
with the State educational agency an application which describes 
the procedure to be used under section 1014(b) to assess students' 
needs and establish program goals, describes the programs and 
projects to be conducted with such assistance for a period of not 
more than 3 years, and describes the desired outcomes for eligible 
children, in terms of basic and more advanced skills that all chil-
dren are expected to master, which will be used as the basis for 
evaluating the program or project as required by section 1019, and 
such application has been approved by the State educational agency 
and developed in consultation with teachers and parents. 
"(c) LOCAL ASSURANCES.—Such application shall provide assur-
ance that the programs and projects described— 
"(1) are of sufficient size, scope, and quality to give reasonable 
promise of substantial progress toward meeting the special 
educational needs of the children being served, are designed and 
implemented in consultation with teachers (including early 
childhood education professionals and librarians when appro-
priate), and provide for parental involvement in accordance 
with section 1016; 
"(2) make provision for services to educationally deprived 
children attending private elementary and secondary schools in 
accordance with section 1017; 
"(3) allocate time and resources for frequent and regular 
coordination of the curriculum under this chapter with the 
regular instructional program; and 
Handicapped 
"(4) in the case of participating students who are also limited 
persons. 
English proficient or are handicapped, provide maximum co-
ordination between services provided under this chapter and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 151 
services provided to address children's handicapping conditions 
or limited English proficiency, in order to increase program 
effectiveness, eliminate duplication, and reduce fragmentation 
of the students' programs. 
"SEC. 1013. ELIGIBLE SCHOOLS. 
Disadvantaged 
"(a) GENERAL PROVISIONS.— 
Eo'u^ 2723. 
"(1) Subject to subsection (b), a local educational agency shall 
use funds received under this chapter in school attendance 
areas having high concentrations of children from low-income 
families (hereinafter referred to as 'eligible school attendance 
areas'), and where funds under this chapter are insufficient to 
provide programs and projects for all educationally deprived 
children in eligible school attendance areas, a local educational 
agency shall annually rank its eligible school attendance areas 
from highest to lowest within each grade span grouping or for 
the entire local educational agency, according to relative degree 
of concentration of children from low-income families. A local 
educational agency may carry out a program or project assisted 
under this chapter in an eligible school attendance area only if 
it also carries out such program or project in all other eligible 
school attendance areas which are ranked higher under the 
first sentence of this paragraph. 
"(2) The same measure of low income, which shall be chosen 
by the local educational agency on the basis of the best available 
data and which may be a composite of several indicators, shall 
be used with respect to all school attendance areeis within a 
grade span grouping or for the entire local educational agency, 
both to identify the areas having high concentrations of chil-
dren from low-income families and to determine the ranking of 
each area. 
"(3) The requirements of this subsection shall not apply in the 
case of a local educational agency with a total enrollment of less 
than 1,000 children, but this paragraph does not relieve such an 
agency from the responsibility to serve eligible children accord-
ing to the provisions of section 1014. 
"(b) LOCAL EDUCATIONAL AGENCY DISCRETION.—Notwithstanding 
subsection (a)(1) of this section, a local educational agency shall have 
discretion to identify and rank eligible attendance areas as follows: 
"(1) A local educational agency may designate as eligible and 
serve all of its attendance areas within a grade span grouping or 
in the entire local educational agency if the percentage of 
children from low-income families in each attendance area of 
the agency is within 5 percentage points of the average percent-
age of such children within a grade span grouping or for the 
entire local educational agency. 
"(2) A local educational agency may designate any school 
attendance area in which at least 25 percent of the children are 
from low-income families as an eligible school attendance area 
if the aggregate amount expended under this chapter and under 
a 
State 
program 
meeting the requirements 
of section 
1018(dXlXB) in that fiscal year in each school attendance area of 
that agency eligible under subsection (a) in which projects 
assisted under this chapter were carried out in the preceding 
fiscal year equals or exceeds the amount expended from those 
sources in that area in such preceding fiscal year if such 
102 STAT. 152 
PUBLIC LAW 100-297—APR. 28, 1988 
attendance areas qualify for such amounts under* subsection 
(cXl). 
"(3) A local educational agency may, with the approval of the 
State educational agency, designate as eligible and serve school 
attendance areas with substantially higher numbers or per-
centages of educationally deprived children before school 
attendance areas with higher concentrations of children from 
low-income families, but this paragraph shall not permit the 
provision of services to more school attendance areas than could 
otherwise be served. A State educational agency shall approve 
such a proposal only if the State educational agency finds that 
the proposal will not substantially impair the delivery of de-
prived children from low-income families in project areas served 
by the local educational agency. 
"(4) Funds received under this part may be used for 
educationally deprived children who are in a school which is not 
located in an eligible school attendance area when the propor-
tion of children from low-income families in average daily 
attendance in such school is substantially equal to the propor-
tion of such children in an eligible school attendance area of 
such agency. 
"(5) If an eligible school attendance area or eligible school was 
so designated and served in accordance with subsection (a) in 
the immediately preceding fiscal year, it may continue to be so 
designated for the subsequent fiscal year even though it does 
not qualify as eligible under such subsection in such additional 
year. 
"(6) With the approval of the State educational agency, eli-
gible school attendance areas or eligible schools which have 
higher proportions or numbers of children from low-income 
families may be skipped if they are receiving, from non-Federal 
funds, services of the same nature and scope as would otherwise 
be provided under this part, except that (A) the number of 
children attending private elementary and secondary schools 
who receive services under this part shall be determined with-
out regard to non-Federal compensatory education funds which 
serve eligible children in public elementary and secondary 
schools, and (B) children attending private elementary and 
secondary schools who receive assistance under this part shall 
be identified in accordance with this section and without regard 
to skipping public school attendance areas or schools under this 
paragraph. 
"(c) ALLOCATIONS.— 
"(1) Except as provided in paragraph (2), a local educational 
agency shall allocate funds under this part among project areas 
or schools on the basis of the number and needs of children to be 
served as determined in accordance with section 1014. 
"(2) Children in eligible schools, who receive services under 
this part and subsequently become ineligible due to improved 
academic achievement attributable to such services, may con-
tinue to be considered eligible for 2 additional years only for the 
purpose of determining the allocation of funds among eligible 
schools under paragraph (1). Any funds so allocated shall be 
used to provide services to any children determined to be eli-
gible under section 1014. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 153 
"SEC. 1014. ELIGIBLE CHILDREN. 
Disadvantaged 
., 
^ 
r, 
persons. 
(a) GENERAL PROVISIONS.— 
20 use 2724. 
"(1) Except as provided in subsections (c) and (d) of this section 
and section 1015, a local educational agency shall use funds 
received under this part for educationally deprived children, 
identified in accordance with subsection (b) as having the great-
est need for special assistance, in school attendance areas or 
schools satisfying the requirements of section 1013. 
"(2) The eligible population for services under this part are— 
"(A) those children up to age 21 who are entitled to a free 
public education through grade 12, and 
"(B) those children who are not yet at a grade level where 
the local educational agency provides a free public edu-
cation, yet are of an age at which they can benefit from an 
organized instructional program provided in a school or 
other educational setting. 
"(b) ASSESSMENT OF EDUCATIONAL NEED.—A local educational 
agency may receive funds under this part only if it makes an 
assessment of educational needs each year to (1) identify education-
ally deprived children in all eligible attendance areas; (2) identify 
the general instructional areas on which the program will focus; (3) 
select those educationally deprived children who have the greatest 
need for special assistance, as identified on the basis of education-
ally related objective criteria established by the local educational 
agency, which include written or oral testing instruments, that are 
uniformly applied to particular grade levels throughout the local 
educational agency; and (4) determine the special educational needs 
(and library resource needs) of participating children 
with 
specificity sufficient to ensure concentration on such needs. 
"(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—(1) Educationally 
deprived children who begin participation in a program or project 
assisted under this part, in accordance with subsections (a) and (b) 
but who, in the same school year, are transferred to a school 
attendance area or school not receiving funds under this part, may, 
if the local agency so determines, continue to participate in a 
program or project funded under this part for the duration of that 
same school year. 
"(2) In providing services under this part a local educational 
agency may skip educationally deprived children in greatest need of 
assistance who are receiving, from non-Federal sources, services of 
the same nature and scope as would otherwise be provided under 
this part. 
"(3) A child who, in the previous year, was identified as being in 
greatest need of assistance, and who continues to be educationally 
deprived, but who is no longer identified as being in greatest need of 
assistance, may participate in a program or project assisted under 
this part while continuing to be educationally deprived for a maxi-
mum of 2 additional years. 
"(d) SPECIAL RULES.—(1) Children receiving services to overcome a 
handicapping condition or limited English proficiency shall also be 
eligible to receive services under this part, if they have needs 
stemming from educational deprivation and not related solely to the 
handicapping condition or limited English proficiency. Such chil-
dren shall be selected on the same beisis as other children identified 
as eligible for and selected to receive services under this part. Funds 
102 STAT. 154 
PUBLIC LAW 100-297—APR. 28, 1988 
under this part may not be used to provide services that are 
otherwise required by law to be made available to such children. 
"(2) A student who at any time in the previous 2 years was 
receiving services under subpart 3 of part D of this chapter or under 
subpart 3 of part B of title I of the Elementary and Secondary 
Education Act (as amended by chapter 1 of the Education Consolida-
tion and Improvement Act of 1981) shall be considered eligible for 
services under this part, and may be served subject to the provisions 
of subsections (a) and (b). 
Disadvantaged 
"SEC. 1015. SCHOOLWIDE PROJECTS. 
2 0 ^ ^ 2725. 
"(a) USE OF FUNDS FOR SCHOOLWIDE PROJECTS.—In the case of any 
school serving an attendance area that is eligible to receive services 
under this part and in which, for the first year of the 3-year period 
of projects assisted under this section, not less than 75 percent of the 
children are from low-income families or any eligible school in 
which not less than 75 percent of the children enrolled in the school 
are from low-income families, the local educational agency may 
carry out a project under this part to upgrade the entire educational 
program in that school if the requirements of subsections (b), (c), (d), 
and (e) are met. 
"(b) DESIGNATION OF SCHOOLS.—A school may be designated for a 
schoolwide project under subsection (a) i
f
— 
"(1) a plan has been developed for that school by the local 
educational agency and has been approved by the State 
educational agency which— 
"(A) provides for a comprehensive assessment of edu-
cational needs of all students in the school, in particular the 
special needs of educationally deprived children; 
"(B) establishes goals to meet the special needs of all 
students and to ensure that educationally deprived children 
are served effectively and demonstrate performance gains 
comparable to other students; 
"(C) describes the instructional program, pupil services, 
and procedures to be used to implement those goals; 
"(D) describes the specific uses of funds under this part as 
part of that program; and 
"(E) describes how the school will move to implement an 
effective schools program as defined in section 1471, if 
appropriate; 
"(2) the plan has been developed with the involvement of 
those individuals who will be engaged in carrying out the plan, 
including parents, teachers, librarians, education aides, pupil 
services personnel, and administrators (and secondary students 
if the plan relates to a secondary school); 
"(3) the plan provides for consultation among individuals 
described in paragraph (2) as to the educational progress of all 
students and the participation of such individuals in the devel-
opment and implementation of the accountability measures 
required by subsection (e); 
"(4) appropriate training is provided to parents of children to 
be served, teachers, librarians, and other instructional, adminis-
trative, and pupil services personnel to enable them effectively 
to carry out the plan; 
"(5) the plan includes procedures for measuring progress, as 
required by subsection (e), and describes the particular meas-
ures to be used; and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 155 
"(6)(A) in the case of a school district in which there are one 
or more schools described in subsection (a) and there are also 
one or more other schools serving project areas, the local edu-
cational agency makes the Federal funds provided under this 
part available for children in such schools described in subsec-
tion (a) in amounts which, per educationally deprived child 
served, equal or exceed the amount of such funds made avail-
able per educationally deprived child served in such other 
schools; and 
"(B) the average per pupil expenditure in schools described in 
subsection (a) (excluding amounts expended under a State 
compensatory education program) for the fiscal year in which 
the plan is to be carried out will not be less than such expendi-
ture in such schools in the previous fiscal year, except that the 
cost of services for programs described in section 1018(d)(2)(A) 
shall be included for each fiscal year as appropriate only in 
proportion to the number of children in the building served in 
such programs in the year for which this determination is 
made. 
"(c) APPROVAL OF PLAN; OPERATION OF PROJECT.— 
"(1) The State educational agency shall approve the plan of 
any local educational agency for a schoolwide project if that 
plan meets the requirements of subsection (b). 
"(2) For any school which has such a plan approved, the local 
educational agency— 
"(A) shall, in order to carry out the plan, be relieved of 
any requirements under this part with respect to the 
commingling of funds provided under this chapter with 
funds available for regular programs; 
"(B) shall use funds received under this part only to 
supplement, and to the extent practicable, increase the 
level of funds that would, in the absence of such Federal 
funds, be made available from non-Federal sources for the 
school approved for a schoolwide project under paragraph 
(1); 
"(C) shall comply with the provisions of section 1018(c); 
and 
"(D) may not be required to identify particular children 
as being eligible to participate in projects assisted under 
this part but shall identify educationally deprived children 
for purposes of subsections (b) and (e) of this section. 
"(d) USE OF FUNDS.—In addition to uses under section 1011, funds 
may be used in schoolwide projects for— 
"(1) planning and implementing effective schools programs, 
and 
"(2) other activities to improve the instructional program and 
pupil services in the school, such as reducing class size, training 
staff and parents of children to be served, and implementing 
extended schoolday programs. 
"(e) ACCOUNTABILITY.— 
"(1) The State educational agency may grant authority for a 
local educational agency to operate a schoolwide project for a 
period of 3 years. If a school meets the accountability require-
ments in paragraphs (2) and (3) at the end of such period, as 
determined by the State educational agency, that school will be 
allowed to continue the schoolwide project for an additional 3-
year period. 
iQ/( r\—Qi 
D„.^ 1 
1
7 . m <
} 
102 STAT. 156 
PUBLIC LAW 100-297—APR. 28, 1988 
"(2)(A) Except as provided in subparagraph (B), after 3 years, 
a school must be able to demonstrate (i) that the achievement 
level of educationally deprived children as measured according 
to the means specified in the plan required by subsection (b) 
exceeds the average achievement of participating children 
districtwide, or (ii) that the achievement of educationally de-
prived children in that school exceeds the average achievement 
of such children in that school in the 3 fiscal years prior to 
initiation of the schoolwide project. 
"(B) For a secondary school, demonstration of lower dropout 
rates, increased retention rates, or increased graduation rates is 
acceptable in lieu of increased achievement, if achievement 
levels over the 3-year schoolwide project period, compared with 
the 3-year period immediately pieceding the schoolwide project, 
do not decline. 
"(3) Schools shall annually collect achievement and other 
Public 
assessment data for the purposes of paragraph (2). The results of 
information. 
achievement and other assessments shall be made available 
annually to parents, the public, and the State educational 
agency. 
20 u s e 2726. 
"SEC. 1016. PARENTAL INVOLVEMENT. 
"(a) FINDINGS; GENERAL REQUIREMENT.— 
"(1) Congress finds that activities by schools to increase 
parental involvement are a vital part of programs under this 
chapter. 
"(2) Toward that end, a local educational agency may receive 
funds under this chapter only if it implements programs, activi-
ties, and procedures for the involvement of parents in programs 
assisted under this chapter. Such activities and procedures shall 
be planned and implemented with meaningful consultation 
with parents of participating children and must be of sufficient 
size, scope, and quality to give reasonable promise of substantial 
progress toward achieving the goals under subsection (b). 
"(3) For purposes of this section, parental involvement in-
cludes, but is not limited to, parent input into the design and 
implementation of programs under this chapter, volunteer or 
paid participation by parents in school activities, and programs, 
training, and materials which build parents' capacity to im-
prove their children's learning in the home and in school. 
"(b) GOALS OF PARENTAL INVOLVEMENT.—In carrying out 
the 
requirements of subsection (a), a local educational agency shall, in 
coordination with parents of participating children, develop pro-
grams, activities, and procedures which have the following goals— 
"(1) to inform parents of participating children of the 
program under this chapter, the reasons for their children's 
participation in such programs, and the specific instructional 
objectives and methods of the program; 
"(2) to support the efforts of parents, including training par-
ents, to the maximum extent practicable, to work with their 
children in the home to attain the instructional objectives of 
programs under this chapter and to understand the program 
requirements of this chapter and to train parents and teachers 
to build a partnership between home and school; 
"(3) to train teachers and other staff involved in programs 
under this chapter to work effectively with the parents of 
participating students; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 157 
"(4) to consult with parents, on an ongoing basis, concerning 
the manner in which the school and parents can better work 
together to achieve the program's objectives and to give parents 
a feeling of partnership in the education of their children; 
"(5) to provide a comprehensive range of opportunities for 
parents to become informed, in a timely way, about how the 
program will be designed, operated, and evaluated, allowing 
opportunities for parental participation, so that parents and 
educators can work together to achieve the program's objec-
tives; and 
"(6) to ensure opportunities, to the extent practicable, for the 
full participation of parents who lack literacy skills or whose 
native language is not English. 
"(c) MECHANISMS FOR PARENTAL INVOLVEMENT.— 
"(1) Each local educational agency, after consultation with 
and review by parents, shall develop written policies to ensure 
that parents are involved in the planning, design, and im-
plementation of programs and shall provide such reasonable 
support for parental involvement activities as parents may 
request. Such policies shall be made available to parents of 
participating children. 
"(2) Each local educational agency shall convene an annual 
meeting to which all parents of participating children shall be 
invited, to explain to parents the programs and activities pro-
vided with funds under this chapter. Such meetings may be 
districtwide or at the building level, as long as all such parents 
are given an opportunity to participate. 
"(3) Each local educational agency shall provide parents of Reports, 
participating children with reports on the children's progress, 
and, to the extent practical, hold a parent-teacher conference 
with the parents of each child served in the program, to discuss 
that child's progress, placement, and methods by which parents 
can complement the child's instruction. Educational personnel 
under this chapter shall be readily accessible to parents and 
shall permit parents to observe activities under this chapter. 
"(4) Each local educational 
agency shall (A) provide 
opportunities for regular meetings of parents to formulate 
parental input into the program, if parents of participating 
children so desire; (B) provide parents of participating children 
with timely information about the program; and (C) make 
parents aware of parental involvement requirements and other 
relevant provisions of programs under this chapter. 
"(5) Parent programs, activities, and procedures may include 
regular parent conferences; parent resource centers: parent 
training programs and reasonable and necessary expenditures 
associated with the attendance of parents at training sessions; 
hiring, training, and utilization of parental involvement liaison 
workers; reporting to parents on the children's progress; train-
ing and support of personnel to work with parents, to coordinate 
parent activities, and to make contact in the home; use of 
parents as classroom volunteers, tutors, and aides; provision of 
school-to-home complementary curriculum and materials and 
assistance in implementing home-based education activities 
that reinforce classroom instruction and student motivation; 
provision of timely information on programs under this chapter 
(such as program plans and evaluations); soliciting parents' 
suggestions in the planning, development, and operation of the 
102 STAT. 158 
PUBLIC LAW 100-297—APR. 28, 1988 
program; providing timely responses to parent recommenda-
tions; parent advisory councils; and other activities designed to 
enlist the support and participation of parents to aid in the 
instruction of their children. 
"(6) Parents of participating children are expected to co-
operate with the local educational agency by becoming 
knowledgeable of the program goals and activities and by work-
ing to reinforce their children's training at home. 
"(d) COORDINATION WITH ADULT EDUCATION ACT.—Programs of 
parental involvement shall coordinate, to the extent possible, with 
programs funded under the Adult Education Act. 
"(e) ACCESSIBILITY REQUIREMENT.—Information, programs, 
and 
activities for parents pursuant to this section shall be provided, to 
the extent practicable, in a language and form which the parents 
. understand. 
Disadvantaged 
"SEC. 1017. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
persons. 
SCHOOLS. 
20 u s e 2727. 
"(a) GENERAL REQUIREMENTS.—To the extent consistent with the 
number of educationally deprived children in the school district of 
the local educational agency who are enrolled in private elementary 
and secondary schools, such agency shall, after timely and meaning-
ful consultation with appropriate private school officials, make 
provisions for including special educational services and arrange-
ments (such as dual enrollment, educational radio and television, 
computer equipment and materials, other technology, and mobile 
educational services and equipment) in which such children can 
participate and which meet the requirements of sections 1011(a), 
1012(b)(1), 1013, 1014, and 1018(b). Expenditures for educational 
services and arrangements pursuant to this section for education-
ally deprived children in private schools shall be equal (taking into 
account the number of children to be served and the special edu-
cational needs of such children) to expenditures for children en-
rolled in the public schools of the local educational agency. 
"(b) BYPASS PROVISION.— 
"(1) If a local educational agency is prohibited by law from 
providing for the participation in special programs 
for 
educationally deprived children enrolled in private elementary 
and secondary schools as required by subsection (a), the Sec-
retary shall waive such requirements, and shall arrange for the 
provision of services to such children through arrangements 
which shall be subject to the requirements of subsection (a). 
"(2) If the Secretary determines that a local educational 
agency has substantially failed to provide for the participation 
on an equitable basis of educationally deprived children en-
rolled in private elementary and secondary schools as required 
by subsection (a), the Secretary shall arrange for the provision 
of services to such children through arrangements which shall 
be subject to the requirements of subsection (a), upon which 
determination the provisions of subsection (a) shall be waived. 
"(3)(A) The Secretary shall develop and implement written 
procedures for receiving, investigating, and resolving com-
plaints from parents, teachers, or other concerned organizations 
or individuals concerning violations of this section. The Sec-
retary shall investigate and resolve each such complaint within 
120 days after receipt of the complaint. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 159 
"(B) When the Secretary arranges for services pursuant to 
this subsection, the Secretary shall, after consultation with the 
appropriate public and private school officials, pay to the pro-
vider the cost of such services, including the administrative cost 
of arranging for such services, from the appropriate allocation 
or allocations under this chapter. 
"(C) Pending final resolution of any investigation or com-
plaint that could result in a determination under this subsec-
tion, the Secretary may withhold from the allocation of the 
affected State or local educational agency the amount the Sec-
retary estimates would be necessary to pay the cost of such 
services. 
"(D) Any determination by the Secretary under this section 
shall continue in effect until the Secretary determines that 
there will no longer be any failure or inability on the part of the 
local educational agency to meet the requirements of subsec-
tion (a). 
"(4)(A) The Secretary shall not take any final action under 
this subsection until the State educational agency and local 
educational agency affected by such action have had an oppor-
tunity, for at least 45 days after receiving written notice 
thereof, to submit written objections and to appear before the 
Secretary or a designee to show cause why such action should 
not be taken. 
"(B) If a State or local educational agency is dissatisfied with 
the Secretary's final action after a proceeding under subpara-
graph (A) of this paragraph, it may, within 60 days after notice 
of such action, file with the United States court of appesils for 
the circuit in which such State is located a petition for review of 
that action. A copy of the petition shall be forthwith transmit-
ted by the clerk of the court to the Secretary. The Secretary 
thereupon shall file in the court the record of the proceedings 
on which the Secretary's action was based, as provided in 
section 2112 of title 28, United States Code. 
"(C) The findings of fact by the Secretary, if supported by 
substantial evidence, shall be conclusive; but the court, for good 
cause shown, may remand the case to the Secretary to take 
further evidence, and the Secretary may thereupon make new 
or modified findings of fact and may modify the previous action, 
and shall file in the court the record of the further proceedings. 
Such new or modified findings of fact shall likewise be conclu-
sive if supported by substantial evidence. 
"(D) Upon the filing of a petition under subparagraph (B), the 
court shall have jurisdiction to affirm the action of the Sec-
retary or to set it aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme Court of the 
United States upon certiorari or certification as provided in 
section 1254 of title 28, United States Code. 
"(c) PRIOR DETERMINATION.—Any bypass determination by the 
Secretary under title I of the Elementary and Secondary Education 
Act of 1965, as in effect prior to July 1, 1988, or chapter 1 of the 
Education Consolidation and Improvement Act of 1981 shall remain 
in effect to the extent consistent with the purposes of this chapter. 
"(d) CAPITAL EXPENSES.— 
"(1) A local educational agency may apply to the State edu-
cational agency for payments for capital expenses consistent 
with the provisions of this subsection. State educational agen-
102 STAT. 160 
PUBLIC LAW 100-297—APR. 28, 1988 
cies shall distribute funds to local educational agencies based on 
the degree of need as set forth in the application. Such an 
application shall contain information on such capital expenses 
by fiscal year and shall contain an assurance that any funds 
received pursuant to this subsection shall be used solely for 
purposes of the program authorized by this chapter. 
"(2)(A) From the amount appropriated for the purposes of this 
subsection for any fiscal year, the amount which each State 
shall be eligible to receive shall be an amount which bears the 
same ratio to the amount appropriated as the number of chil-
dren enrolled in private schools who were served under chapter 
1 of the Education Consolidation and Improvement Act of 1981 
in the State during the period July 1, 1984 through June 30, 
1985, bears to the total number of such children served during 
such period in all States. 
"(B) Amounts which are not used by a State for the purposes 
of this subsection shall be reallocated by the Secretary among 
other States on the basis of need. 
Appropriation 
"(3) There is authorized to be appropriated $30,000,000 for 
authorization. 
fiscal 
year 1988, $40,000,000 for the fiscal year 1989, and such 
sums as may be necessary for each of the fiscal years 1990, 1991, 
1992, and 1993. Any sums appropriated under this provision 
shall be used for increases in capital expenses paid from funds 
under chapter 1 of the Education Consolidation and Improve-
ment Act or this section subsequent to July 1, 1985, of local 
educational agencies in providing the instructional services re-
quired under section 557 of the Education Consolidation and 
Improvement Act and this section, when without such funds, 
services to private schoolchildren would have been or have been 
reduced or would be reduced or adversely affected. 
"(4) For the purposes of this subsection, the term 'capital 
expenses' is limited to expenditures for noninstructional goods 
and services such as the purchase, lease and renovation of real 
and personal property (including but not limited to mobile 
educational units and leasing of neutral sites or space), insur-
ance and maintenance costs, transportation, and other com-
parable goods and services. 
20 use 2728. 
"SEC. 1018. FISCAL REQUIREMENTS. 
"(a) MAINTENANCE OF EFFORT.— 
"(1) Except as provided in paragraph (2), a local educational 
agency may receive funds under this chapter for any fiscal year 
only if the State educational agency finds that either the com-
bined fiscal effort per student or the aggregate expenditures of 
that agency and the State with respect to the provision of free 
public education by that agency for the preceding fiscal year 
was not less than 90 percent of such combined fiscal effort or 
aggregate expenditures for the second preceding fiscal year. 
"(2) The State educational agency shall reduce the amount of 
the allocation of funds under this chapter in any fiscal year in 
the exact proportion to which a local educational agency fails to 
meet the requirement of paragraph (1) by falling below 90 
percent of both the combined fiscal effort per student and 
aggregate expenditures (using the measure most favorable to 
such local agency), and no such lesser amount shall be used for 
computing the effort required under paragraph (1) for subse-
quent years. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 161 
"(3) Each State educational agency may waive, for 1 fiscal 
year only, the requirements of this subsection if the State 
educational agency determines that such a waiver would be 
equitable due to exceptional or uncontrollable circumstances 
such as a natural disaster or a precipitous and unforeseen 
decline in the financial resources of the local educational 
agency. 
"(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT REGULAR 
NON-FEDERAL FUNDS.—A State educational agency or other State 
agency in operating its State level programs or a local educational 
agency may use funds received under this chapter only so as to 
supplement and, to the extent practicable, increase the level of 
funds that would, in the absence of such Federal funds, be made 
available from non-Federal sources for the education of pupils 
participating in programs and projects assisted under this chapter 
and in no case may such funds be so used as to supplant such funds 
from such non-Federal sources. In order to demonstrate compliance 
with this subsection, no State educational agency, other State 
agency, or local educational agency shall be required to provide 
services under this chapter through use of a particular instructional 
method or in a particular instructional setting. 
"(c) COMPARABILITY OF SERVICES.— 
"(DA local educational agency may receive funds under this 
chapter only if State and local funds will be used in the district 
of such agency to provide services in project areas which, taken 
as a whole, are at least comparable to services being provided in 
areas in such district which are not receiving funds under this 
chapter. Where all school attendance areas in the district of the 
agency are designated as project areas, the agency may receive 
such funds only if State and local funds are used to provide 
services which, taken as a whole, are substantially comparable 
in each project area. 
"(2)(A) A local educational agency shall be considered to have 
met the requirements of paragraph (1) if it has filed with the 
State educational agency a written assurance that it has estab-
lished and implemented— 
"(i) a districtwide salary schedule; 
• 
"(ii) a policy to ensure equivalence among schools in 
teachers, administrators, and auxiliary personnel; and 
"(iii) a policy to ensure equivalence among schools in the 
provision 
of curriculum 
materials 
and 
instructional 
supplies. 
"(B) Unpredictable changes in student enrollment or person-
nel assignments which occur after the beginning of a school 
year shall not be included as a factor in determining com-
parability of services. 
"(3) Each educational agency shall develop procedures for 
Records, 
compliance with the provisions of this subsection, and shall 
annually maintain records documenting compliance. Each State 
educational agency shall monitor the compliance of local edu-
cational agencies within the States with respect to the require-
ments of this subsection. 
"(4) Each local educational agency with not more than 1 
building for each grade span shall not be subject to the provi-
sions of this subsection. 
"(5) Each local educational agency which is found to be out of 
compliance with this subsection shall be subject to withholding 
102 STAT. 162 
PUBLIC LAW 100-297—APR. 28, 1988 
or repayment of funds only to the amount or percentage by 
which the local educational agency has failed to comply. 
Disadvantaged 
"(d) EXCLUSION OF SPECIAL STATE AND LoCAL PROGRAM FuNDS.— 
pereons. 
"(1)(A) For the purposes of determining compliance with the 
requirements of subsections (b) and (c), a local educational 
agency or a State agency operating a program under part D of 
this chapter may exclude State and local funds expended for 
carrying out special programs to meet the educational needs of 
educationally deprived children including compensatory edu-
cation for educationally deprived children after prior deter-
mination pursuant to paragraphs (3) and (4) of this subsection 
that such programs meet the requirements of subparagraph (B). 
"(B) A State or local program meets the requirements of this 
subparagraph if it is similar to programs assisted under this 
part. The Secretary shall consider a State or local program to be 
similar to programs assisted under this part if— 
"(i) all children participating in the program are 
educationally deprived, 
"(ii) the program is based on similar performance objec-
tives related to educational achievement and is evaluated 
in a manner consistent with those performance objectives, 
"(iii) the program provides supplementary services de-
signed to meet the special educational needs of the children 
who are participating, 
Records. 
"(iv) the local educational agency keeps such records and 
affords such access thereto as are necessary to assure the 
correctness and verification of the requirements of this 
subparagraph, and 
"(v) the State educational agency monitors performance 
under the program to assure that the requirements of this 
subparagraph are met. 
"(2)(A) For the purpose of determining compliance with the 
requirements of subsection (c), a local educational agency may 
exclude State and local funds expended for— 
Minorities. 
"(i) bilingual education for children of limited English 
proficiency. 
Handicapped 
"(ii) special education for handicapped children, and 
pe^'sons. 
"(iii) certain State phase-in programs as described in 
subparagraph (B). 
"(B) A State education program which is being phased into 
full operation meets the requirements of this subparagraph if 
the Secretary is satisfied that— 
"(i) the program is authorized and governed specifically 
by the provisions of State law; 
"(ii) the purpose of the program is to provide for the 
comprehensive and systematic restructuring of the total 
^ 
educational environment at the level of the individual 
school; 
"(iii) the program is based on objectives, including but not 
limited to, performance objectives related to educational 
achievement and is evaluated in a manner consistent with 
those objectives; 
"(iv) parents and school staff are involved in compre-
hensive planning, implementation, and evaluation of the 
program; 
"(v) the program will benefit all children in a particular 
school or grade-span within a school; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 163 
"(vi) schools participating in a program describe, in a 
school level plan, program strategies for meeting the spe-
cial educational needs of educationally deprived children; 
"(vii) at all times during such phase-in period at least 50 
percent of the schools participating in the program are the 
schools serving project areas which have the greatest 
number or concentrations of educationally deprived chil-
dren or children from low-income families; 
"(viii) State funds made available for the phase-in pro-
gram will supplement, and not supplant, State and local 
funds which would, in the absence of the phase-in program, 
have been provided for schools participating in such 
program; 
"(ix) the local educational agency is separately account-
able, for purposes of compliance with the clauses of this 
subparagraph, to the State educational agency for any 
funds expended for such program; and 
"(x) the local educational agencies carrying out the pro-
gram are complying with the clauses of this subparagraph 
and the State educational agency is complying with ap-
plicable provisions of this paragraph. 
"(3) The Secretary shall make an advance determination of 
whether or not a State program meets the requirements of this 
subsection. The Secretary shall require each State educational 
agency to submit the provisions of State law together with 
implementing 
rules, 
regulations, 
orders, guidelines, 
and 
interpretations which are necessary for an advance determina-
tion. The Secretary's determination shall be in writing and 
shall include the reasons for the determination. Whenever 
there is any material change in pertinent State law affecting 
the program, the State educational agency shall submit such 
changes to the Secretary. 
"(4) The State educational agency shall make an advance 
determination of whether or not a local program meets the 
requirements of this subsection. The State educational agency 
shall require each local educational agency to submit the provi-
sions of local law, together with implementing rules, regula-
tions, guidelines, and interpretations which are necessary to 
make such an advance determination. The State educational 
agency's determination shall be in writing and shall include the 
reasons for the determination. Whenever there is any material 
change in pertinent local law affecting the program, the local 
educational agency shall submit such changes to the State 
educational agency. 
'SEC. 1019. EVALUATIONS. 
20 USC 2729. 
"(a) LOCAL EVALUATION.—Each local educational agency shall— 
"(1) evaluate the effectiveness of programs assisted under this 
part, in accordance with national standards developed according 
to section 1435, at least once every 3 years (using objective 
measurement of individual student achievement in basic skills 
and more advanced skills, aggregated for the local educational 
agency as a whole) as an indicator of the impact of the program; 
"(2) submit such evaluation results to the State educational 
agency at least once during each 3-year application cycle; 
102 STAT. 164 
PUBLIC LAW 100-297—APR. 28, 1988 
Public 
information. 
Handicapped 
persons. 
20 u s e 2730. 
"(3) determine whether improved performance under para-
graph (1) is sustained over a period of more than one program 
year. 
"(b) STATE EVALUATIONS.—In accordance with national standards, 
each State educational agency shall— 
"(1) conduct an evaluation (based on local evaluation data 
collected under subsection (a) and sections 1107(b), 1202(a)(6), 
and 1242(d)) of the programs assisted under this chapter at least 
every 2 years, submit that evaluation to the Secretary and make 
public the results of that evaluation; 
"(2) inform local educational agencies, in advance, of the 
specific evaluation data that will be needed and how it may be 
collected; and 
"(3) collect data on the race, age, gender, and number of 
children with handicapping conditions served by the programs 
assisted under this chapter and on the number of children 
served by grade-level under the programs assisted under this 
chapter and annually submit such data to the Secretary. 
"(c) SPECIAL CONDITION.—Projects funded under this part that 
serve only preschool, kindergarten, or first grade students or stu-
dents in such grade levels who are included in projects serving 
children above such grade levels shall not be subject to the require-
ments of subsection (a). 
"SEC. 1020. STATE EDUCATIONAL PROGRAM IMPROVEMENT PLAN. 
"(a) PLAN REQUIREMENTS.—A State educational agency which 
receives funds under part A, part C, and part E of this chapter shall 
develop, in consultation with a committee of practitioners con-
stituted pursuant to section 1451(b) of this chapter, a plan to ensure 
implementation of the provisions of this section and section 1021. 
Each such plan shall contain, but shall not be limited to— 
"(1) the objective measures and standards the State edu-
cational agency and other agencies receiving funds under part 
A, part C, and part E of this chapter will use to assess aggregate 
performance pursuant to section 1021, and may include im-
plementation of section 1019; 
"(2) the means the State educational agency will use to 
develop joint plans with local educational agencies which have 
identified, pursuant to section 1021(b), schools in need of pro-
gram improvement to attain satisfactory student progress, the 
timetable for developing and implementing such plans (within 
parameters defined pursuant to section 1431) and the program 
improvement assistance that will be provided to such schools 
pursuant to section 1021. Such program improvement assistance 
may include, but shall not be limited to, training and retraining 
of personnel, development of curricula that has shown promise 
in similar schools, replication of promising practices in effective 
schools models, improving coordination between programs as-
sisted under this chapter and the regular school program, and 
the development of innovative strategies to enhance parental 
involvement. 
"(b) DISSEMINATION AND AVAILABILITY OF PLAN.—(1) The State 
educational agency shall disseminate the plan developed under this 
subsection to all local educational agencies and other State agencies 
receiving funds under this chapter. 
"(2) The State educational program improvement plan shall be 
available at the State educational agency for inspection by the 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 165 
Secretary and may be amended by the State educational agency 
after 
consultation 
with a committee of practitioners 
when 
necessary. 
"(c) AVAILABILITY OF FUNDS.—In any fiscal year for which appro-
priations are made pursuant to section 1405, the State educational 
agency shall fully implement the program improvement activities 
described in sections 1020 and 1021. In any fiscal year for which 
appropriations are not made, the State educational agency shall 
conduct, at a minimum, the activities required under section 1021(d), 
and other program improvement activities to the extent practicable. 
"SEC. 1021. PROGRAM IMPROVEMENT. 
20 USC 2731. 
"(a) LOCAL REVIEW.—Each local educational agency shall— 
"(1) conduct an annual review of the program's effectiveness 
in improving student performance for which purpose the local 
educational agency shall use outcomes developed pursuant to 
section 1012 and subsection (b) of this section, and make the 
results of such review available to teachers, parents of partici-
pating children, and other appropriate parties; 
"(2) determine whether improved performance under para-
graph (1) is sustained over a period of more than one program 
year; 
"(3) use the results of such review and of evaluation pursuant 
to section 1019 in program improvement efforts required by 
section 1021(b); and 
"(4) annually assess through consultation with parents, the 
effectiveness of the parental involvement program and deter-
mine what action needs to be taken, if any, to increase parental 
participation. 
"(b) SCHOOL PROGRAM IMPROVEMENT.—(1) With respect to each 
school which does not show substantial progress toward meeting the 
desired outcomes described in the local educational agency's applica-
tion under section 1012(a) or shows no improvement or a decline in 
aggregate performance of children served under this chapter for one 
school year as assessed by measures developed pursuant to section 
1019(a) or subsection (a), pursuant to the program improvement 
timetable developed under sections 1020 and 1431, the local edu-
cational agency shall— 
"(A) develop and implement in coordination with such school a 
plan for program improvement which shall describe how such 
agency will identify and modify programs funded under this 
chapter for schools and children pursuant to this section and 
which shall incorporate those program changes which have the 
greatest likelihood of improving the performance of education-
ally disadvantaged children, including— 
"(i) a description of educational strategies designed to 
achieve the stated program outcomes or to otherwise 
improve the performance and meet the needs of eligible 
children; and 
"(ii) a description of the resources, and how such re-
sources will be applied, to carry out the strategies selected, 
including, as appropriate, qualified personnel, inservice 
training, curriculum materials, equipment, and physical 
facilities; and, where appropriate— 
"(I) technical assistance; 
"(II) alternative curriculum that heis shown promise 
in similar schools; 
102 STAT. 166 
PUBLIC LAW 100-297—APR. 28, 1988 
"(III) improving coordination between part A and 
part C of this chapter and the regular school program; 
"(IV) evaluation of parent involvement; 
"(V) appropriate inservice training for staff paid with 
funds under this chapter and other staff who teach 
children served under this chapter; and 
"(VI) other measures selected by the local educational 
agency; and 
"(B) submit the plan to the local school board and the State 
educational agency, and make it available to parents of children 
served under this chapter in that school. 
"(2) A school which has 10 or fewer students served during an 
entire program year shall not be subject to the requirements of this 
subsection. 
"(c) DISCRETIONARY ASSISTANCE.—The local educational agency 
may apply to the State educational agency for program improve-
ment assistance funds authorized under section 1405. 
"(d) STATE ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES.—(1) If 
after the locally developed program improvement plan shall have 
been in effect according to the timetable established under sections 
1020 and 1431, the aggregate performance of children served under 
this chapter in a school does not meet the standards stated in 
subsections (a) and (b), the local educational agency shall, with the 
State educational agency, and in consultation with school staff and 
parents of participating children, develop and implement a joint 
plan for program improvement in that school until improved 
performance is sustained over a period of more than 1 year. 
"(2) The State educational agency shall ensure that program 
improvement assistance is provided to each school identified under 
paragraph (1). 
"(e) LOCAL CONDITIONS.—The local educational agency and the 
State educational agency, in performing their responsibilities under 
this section, shall take into consideration— 
"(1) the mobility of the student population, 
"(2) the extent of educational deprivation among program 
participants which may negatively affect improvement efforts, 
"(3) the difficulties involved in dealing with older children in 
secondary school programs funded under this chapter, 
"(4) whether indicators other than improved achievement 
demonstrate the positive effects on participating children of the 
activities funded under this chapter, and 
"(5) whether a change in the review cycle pursuant to section 
1019 or 1021(a)(1) or in the measurement instrument used or 
other measure-related phenomena has rendered results invalid 
or unreliable for that particular year. 
"(f) STUDENT PROGRAM IMPROVEMENT.—On the basis of the evalua-
tions and reviews under sections 1019(a)(1) and 1021(a)(1), each local 
educational agency shall— 
"(1) identify students who have been served for a program 
year and have not met the standards stated in subsections (a) 
and (b), 
"(2) consider modifications in the program offered to better 
serve students so identified, and 
"(3) conduct a thorough assessment of the educational needs 
of students who remain in the program after 2 consecutive 
years of participation and have not met the standards stated in 
subsection (a). 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 167 
"(g) 
PROGRAM IMPROVEMENT ASSISTANCE.—In carrying out 
the 
program improvement and student improvement activities required 
in subsections (a), (b), (c), and (d), local educational agencies and 
State educational agencies shall utilize the resources of the regional 
technical assistance centers and appropriate regional rural assist-
ance programs established by section 1456 to the full extent such 
resources are available. 
"(h) FURTHER ACTION.—If the State educational agency finds that, 
consistent with the program improvement timetable established 
under sections 1020 and 1431, after one year under the joint plan 
developed pursuant to subsection (d), including services in accord-
ance with section 1017, a school which continues to fall below the 
standards for improvement stated in subsections (a) and (b) with 
regard to the aggregate performance of children served under part 
A, part C, and part E of this chapter, the State educational agency 
shall, with the local educational agency, review the joint plan and 
make revisions which are designed to improve performance, and 
continue to do so each consecutive year until such performance is 
sustained over a period of more than one year. Nothing in this 
section or section 1020 shall be construed to give the State any 
authority concerning the educational program of a local educational 
agency that does not otherwise exist under State law. 
"(i) MUTUAL AGREEMENT.—Before any joint plan may be imple-
mented under subsection (d) and subsection (h) both the local edu-
cational agency and State educational agency must approve such 
plan. 
"PART B—EVEN START PROGRAMS OPERATED BY LOCAL 
EDUCATIONAL AGENCIES 
"SEC. 10.51. STATEMENT OF PURPOSE. 
20 USC 2741. 
"It is the purpose of this part to improve the educational 
opportunities of the Nation's children and adults by integrating 
early childhood education and adult education for parents into a 
unified program to be referred to as 'Even Start'. The program shall 
be implemented through cooperative projects that build on existing 
community resources to create a new range of services. 
"SEC. 10.52. PROGRAM AUTHORIZATION. 
20 USC 2742. 
"(a) GRANTS BY THE SECRETARY.—In any fiscal year in which the 
appropriations for this part do not equal or exceed $50,000,000, the 
Secretary is authorized, in accordance with the provisions of this 
part which are not inconsistent with the provisions of this subsec-
tion, to make grants to local educational agencies or consortia of 
such agencies to carry out Even Start programs. 
"(b) STATE GRANT PROGRAM.—In any fiscal year in which the 
appropriations for this part equal or exceed $50,000,000, the Sec-
retary is authorized, in accordance with the provisions of this part, 
to make grants to States from allocations under section 1053 to 
enable States to carry out Even Start programs. 
"(c) DEFINITION.—For the purpose of this part, the term 'State' 
includes each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 
"SEC. 10,53. ALLOCATION. 
20 USC 2743. 
"(a) RESERVATION FOR MIGRANT PROGRAMS.—The Secretary shall 
first reserve an amount equal to 3 percent of such amount for 
102 STAT. 168 
PUBLIC LAW 100-297—APR. 28, 1988 
programs consistent with the purpose of this part for migrant 
children. Programs for which funds are reserved under this subsec-
tion shall be conducted through the Office of Migrant Education. 
"(b) STATE ALLOCATION.—Except as provided in section 1052(a) and 
subsection (c) of this section, each State shall be eligible to receive a 
grant under this part in each fiscal year that bears the same ratio to 
the remainder of the amount appropriated under section 1052(b) in 
that fiscal year as the amount allocated under section 1005 of this 
Act to the local educational agencies in the State bears to the total 
amount allocated to such agencies in all States. 
"(c) STATE MINIMUM.—(1) Subject to the provisions of paragraph 
(2), no State shall receive less than the greater o
f
— 
"(A) one-half of one percent of the amount appropriated for 
this part and allocated under subsection (b) for any fiscal year; 
or 
"(B) $250,000. 
"(2)(A) No State shall, by reason of the application of the provi-
sions of paragraph (1)(A) of this subsection, be allotted more than— 
"(i) 150 percent of the amount that the State received in the 
fiscal year preceding the fiscal year for which the determination 
is made, or 
"(ii) the amount calculated under subparagraph (B), 
whichever is less. 
"(B) For the purpose of subparagraph (A)(ii), the amount for each 
State equals— 
"(i) the number of children in such State counted for purposes 
of this part in the fiscal year specified in subparagraph (A), 
multiplied by 
"(ii) 150 percent of the national average per pupil payment 
made with funds available under this part for that year. 
20 use 2744. 
"SEC. 1054. USES OF FUNDS. 
"(a) IN GENERAL.—In carrying out the program under this part, 
funds made available to local educational agencies, in collaboration 
with, where appropriate, institutions of higher education, commu-
nity-based organizations, the appropriate State educational agency, 
or other appropriate nonprofit organizations, shall be used to pay 
the Federal share of the cost of providing family-centered education 
programs which involve parents and children in a cooperative effort 
to help parents become full partners in the education of their 
children and to assist children in reaching their full potential as 
learners. 
"
O
t
>
) PROGRAM ELEMENTS.—Each program assisted under this part 
shall include— 
"(1) the identification and recruitment of eligible children; 
"(2) screening and preparation of parents and children for 
participation, including testing, referral to necessary counsel-
ing, and related services; 
"(3) design of programs and provision of support services 
(when unavailable from other sources) appropriate to the 
participants' work and other responsibilities, including— 
"(A) scheduling and location of services to allow joint 
participation by parents and children; 
"(B) child care for the period that parents are involved in 
the program provided for under this part; and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 169 
"(C) transportation for the purpose of enabling parents 
and their children to participate in the program authorized 
by this part; 
"(4) the establishment of instructional programs that promote 
adult literacy, training parents to support the educational 
growth of their children, and preparation of children for success 
in regular school programs; 
"(5) provision of special training to enable staff to develop the 
skills necessary to work with parents and young children in the 
full range of instructional services offered through this part 
(including child care staff in programs enrolling children of 
participants under this part on a space available basis); 
"(6) provision of and monitoring of integrated instructional 
services to participating parents and children through home-
based programs; and 
"(7) coordination of programs assisted under this part with 
programs assisted under this chapter and any relevant pro-
, grams under chapter 2 of this title, the Adult Education Act, 
the Education of the Handicapped Act, the Job Training Part-
nership Act, and with the Head Start program, volunteer lit-
eracy programs, and other relevant programs. 
"(c) FEDERAL SHARE LIMITATION.—The Federal share under this 
part may be— 
"(1) not more than 90 percent of the total cost of the program 
in the first year the local educational agency receives assistance 
under this part, 
"(2) 80 percent in the second such year, 
"(3) 70 percent in the third such year, and 
"(4) 60 percent in the fourth and any subsequent such year. 
Funds may not be used for indirect costs. The remaining cost may be 
obtained from any source other than funds made available for 
programs under this title. 
"SEC. 1055. ELIGIBLE PARTICIPANTS. 
20 USC 2745. 
"Eligible participants shall be— 
"(1) a parent or parents who are eligible for participation in 
an adult basic education program under the Adult Education 
Act; and 
"(2) the child or children (aged 1 to 7, inclusive), of any 
individual under paragraph (1), who reside in a school attend-
ance area designated for participation in programs under 
part A. 
"SEC. 1056. APPLICATIONS. 
20 USC 2746. 
"(a) SUBMISSION.—To be eligible to receive a grant under this part Grants. 
a local educational agency shall submit an application to the Sec-
retary under section 1052(a) and to the State educational agency 
under section 1052(b) in such form and containing or accompanied 
by such information as the Secretary or the State educational 
agency, as the case may be, may require. 
"(b) REQUIRED DOCUMENTATION.—Such application shall include 
documentation that the local educational agency has the qualified 
personnel required— 
"(1) to develop, administer, and implement the program re-
quired by this part, and 
"(2) to provide special training necessary to prepare staff for 
the program. 
102 STAT. 170 
PUBLIC LAW 100-297—APR. 28, 1988 
"(c) PLAN.—Such application shall also include a plan of operation 
for the program which includes— 
"(1) a description of the program goals; 
"(2) a description of the activities and services which will be 
provided under the program (including training and prepara-
tion of staff); 
"(3) a description of the population to be served and an 
estimate of the number of participants; 
"(4) if appropriate, a description of the collaborative efforts of 
the institutions of higher education, community-based organiza-
tions, the appropriate State educational agency, private ele-
mentary schools, or other appropriate nonprofit organizations 
in carrying out the program for which assistance is sought; 
"(5) a statement of the methods which will be used— 
"(A) to ensure that the programs will serve those eligible 
participants most in need of the activities and services 
provided by this part; 
Disadvantaged 
"(B) to provide services under this part to special popu-
^^d^^ D
f
i
d 
lations, such as individuals with limited English proficiency 
pe^ons^^ 
and individuals with handicaps; and 
"(C) to encourage participants to remain in the programs 
for a time sufficient to meet program goals; and 
"(6) a description of the methods by which the applicant will 
coordinate programs under this part with programs under chap-
ter 1 and chapter 2, where appropriate, of this title, the Adult 
Education Act, the Job Training Partnership Act, and with 
Head Start programs, volunteer literacy programs, and other 
relevant programs. 
20 u s e 2747. 
"SEC. 10.57. AWARD OF GRANTS. 
"(a) SELECTION PROCESS.—The Secretary or each State educational 
agency, as the case may be, shall appoint a review panel that will 
award grants on the basis of proposals which— 
"(1) are most likely to be successful in meeting the goals of 
this part; 
"(2) serve the greatest percentage of eligible children and 
parents as described in section 1055; 
"(3) demonstrate the greatest degree of cooperation and co-
ordination between a variety of relevant service providers in all 
phases of the program; 
"(4) submit budgets which appear reasonable, given the scope 
of the proposal; 
"(5) demonstrate the local educational agency's ability to 
provide additional funding under section 1054(c); 
"(6) are representative of urban and rural regions of the State 
or of the United States, as the case may be; and 
"(7) show the greatest promise for providing models which 
may be transferred to other local educational agencies. 
"(b) REVIEW PANEL.—A review panel shall, to the extent prac-
ticable, consist of 7 members as follows: 
"(1) an early childhood education professional; 
"(2) an adult education professional; 
"(3) a representative of parent-child education organizations; 
"(4) a representative of community-based literacy organiza-
tions; 
"(5) a member of a local board of education; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 171 
"(6) a representative of business and industry with a commit-
ment to education; and 
"(7) an individual involved in the implementation of programs 
under this chapter within the State. 
The panel shall contain members described in paragraphs (1), (2), (6), 
and (7). 
"(c) EQUITABLE DISTRIBUTION OF ASSISTANCE.—In approving grants Urban areas, 
under this part under section 1052(a), the Secretary shall assure an Rural areas, 
equitable distribution of assistance among the States, among urban 
and rural areas of the United States, and among urban and rural 
areas of a State. 
"(d) DURATION.—(1) Grants may be awarded for a period not to 
exceed 4 years. In any application from a local educational agency 
for a grant to continue a project for the second, third, or fourth fiscal 
year following the first fiscal year in which a grant was awarded to 
such local educational agency, the Secretary or the State edu-
cational agency, as the case may be, shall review the progress being 
made toward meeting the objectives of the project. The Secretary or 
the State educational agency, as the case may be, may refuse to 
award a grant if the Secretary or such agency finds that sufficient 
progress has not been made toward meeting such objectives, but 
only after affording the applicant notice and an opportunity for a 
hearing. 
"(2) The Secretary shall establish criteria for carrying out the 
provisions of paragraph (1) in the transition fiscal year whenever 
the provisions of section 1052(b) apply to authorized State grant 
programs. 
"SEC. 1058. EVALUATION. 
20 USC 2748. 
"(a) INDEPENDENT ANNUAL EVALUATION.—The Secretary shall 
provide for the annual independent evaluation of programs under 
this part to determine their effectiveness in providing— 
"(1) services to special populations; 
"(2) adult education services; 
"(3) parent training; 
"(4) home-based programs involving parents and children, 
"(5) coordination with related programs; and 
"(6) training of related personnel in appropriate skill areas. 
"(b) CRITERIA.— 
"(1) Each evaluation shall be conducted by individuals not 
directly involved in the administration of the program or 
project operated under this part. Such independent evaluators 
and the program administrators shall jointly develop evaluation 
criteria which provide for appropriate analysis of the factors 
under subsection (a). When possible, each evaluation shall in-
clude comparisons with appropriate control groups. 
"(2) In order to determine a program's effectiveness in achiev-
ing its stated goals, each evaluation shall contain objective 
measures of such goals and, whenever feasible, shall obtain the 
specific views of program participants about such programs. 
"(c) 
REPORT TO CONGRESS AND DISSEMINATION.—The Secretary 
shall prepare and submit to the Congress a review and summary of 
the results of such evaluations not later than September 30, 1993. 
The annual evaluations shall be submitted to the National Diffusion 
Network for consideration for possible dissemination. 
102 STAT. 172 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 2749. 
"SEC. 1059. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated for the purposes of this 
part $50,000,000 for the fiscal year 1989 and such sums as may be 
necessary for each of the fiscal years 1990, 1991, 1992, and 1993. 
"PART C—SECONDARY SCHOOL PROGRAMS FOR 
BASIC 
SKILLS IMPROVEMENT AND DROPOUT PREVENTION 
AND 
REENTRY 
Disadvantaged 
persons. 
20 use 2761. 
20 use 2762. 
Grants. 
"SEC. 1101. PURPOSE. 
"It is the purpose of this subpart to provide additional assistance 
to local educational agencies with high concentrations of low-income 
children, low-achieving children, or school dropouts to improve the 
achievement of educationally disadvantaged children enrolled in 
secondary schools of such agencies, and to reduce the number of 
youths who do not complete their elementary and secondary 
education. 
"SEC. 1102. ALLOCATION. 
"(a) RESERVATION FOR MIGRANT PROGRAMS.—From the amount 
appropriated under section 1108 for the fiscal years 1990, 1991, 1992, 
and 1993, the Secretary shall first reserve an amount equal to 3 
percent of such amount for programs consistent with the purpose of 
this part for school dropout prevention and reentry programs and 
secondary school basic skills improvement programs for migrant 
children. Programs for which funds are reserved under this subsec-
tion shall be conducted through the Office of Migrant Education. 
"(b) STATE ALLOCATION.—Except as provided in subsection (c), 
each State shall be eligible to receive a grant under this part in each 
fiscal year that bears the same ratio to the remainder of the amount 
appropriated in that fiscal year as the amount allocated under 
section 1005 of this Act to the local educational agencies in the State 
bears to the total amount allocated to such agencies in all States. 
"(c) STATE MINIMUM.—(1) No State shall receive less than the 
greater of— 
"(A) one-quarter of 1 percent of the amount appropriated for 
this part and allocated under subsection OJ) for any fiscal year; 
or 
"(B) $250,000. 
"(2)(A) No State shall, by reason of the application of the provi-
sions of paragraph (IXA) of this subsection, be allotted more than— 
"(i) 150 percent of the amount that the State received in the 
fiscal year preceding the fiscal year for which the determination 
is made, or 
"(ii) the amount calculated under subparagraph (B), 
whichever is less. 
"(B) For the purpose of subparagraph (AXii), the amount for each 
State equals— 
"(i) the number of children in such State counted for purposes 
of this part in the fiscal year specified in subparagraph (A), 
multiplied by 
"(ii) 150 percent of the national average per pupil payment 
made with funds available under this part for that year. 
"(d) LOCAL EDUCATIONAL AGENCY ALLOCATION.—Each State edu-
cational agency shall allocate funds among local educational agen-
cies in the State on the basis of— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 173 
"(1) the eligibility of such agency for funds under section 1005 
of this Act; and 
"(2) the criteria described in section 1105. 
Each local educational agency may carry out the activities described 
in section 1103 in cooperation with community-based organizations. 
"(e) STATE ADMINISTRATION.—A State may reserve not more than 
5 percent of the amounts available under this part for any fiscal 
year for State administrative costs. 
"SEC. 1103. USES OF FUNDS. 
20 USC 2763. 
"(a) GENERAL RULE.—A local educational agency may use— 
"(1) the remainder of such funds for secondary schools basic 
skills improvement activities pursuant to subsection (b), and 
"(2) not to exceed 50 percent of funds paid under this part in 
any fiscal year for dropout prevention and reentry activities 
pursuant to subsection (c). 
"(b) BASIC SKILLS FOR SECONDARY SCHOOLS.—Funds made available 
under this subpart may be used— 
"(1) to initiate or expand programs designed to meet the 
special educational needs of secondary school students and to 
help such students attain grade level proficiency in basic skills, 
and, as appropriate, learn more advanced skills; 
"(2) to develop innovative approaches for— 
"(A) surmounting barriers that make secondary school 
programs under this subpart difficult for certain students 
to attend and difficult for secondary schools to administer, 
such as scheduling problems; and 
"(B) courses leading to successful completion of the gen-
eral education development test or of graduation require-
ments; 
"(3) to develop and implement innovative programs involving 
community-based organizations or the private sector, or both, to 
provide motivational activities, preemployment training, or 
transition-to-work activities; 
"(4) to provide programs for eligible students outside the 
school, with the goal of reaching school dropouts who will not 
reenter the traditional school, for the purpose of providing 
compensatory education, basic skills education, or courses for 
general educational development; 
"(5) to use the resources of the community to assist in provid-
ing services to the target population; 
"(6) to provide training for staff who will work with the target 
population 
on strategies and techniques for 
identifying, 
instructing, and assisting such students; 
"(7) to provide guidance and counseling activities, support 
services, exploration of postsecondary educational opportuni-
ties, youth employment activities, and other student services 
which are necessary to assist eligible students; and 
"(8) to recruit, train, and supervise secondary school students 
(including the provision of stipends to students in greatest need 
of financial assistance) to serve as tutors of other students 
eligible for services under this subpart and under part A, in 
order to assist such eligible students with homework assign-
ments, provide instructional activities, and foster good study 
habits and improved achievement. 
102 STAT. 174 
PUBLIC LAW 100-297—APR. 28, 1988 
"(c) USES OF FUNDS FOR SCHOOL DROPOUT PREVENTION AND RE-
ENTRY PROJECTS.—Funds made available under this subsection may 
be used for— 
"(1) effective programs which identify potential student drop-
outs and prevent them from dropping out of elementary and 
secondary school; 
"(2) effective programs which identify and encourage children 
who have already dropped out to reenter school and complete 
their elementary and secondary education; 
"(3) effective programs for early intervention designed to 
identify at-risk students in elementary and early secondary 
schools; 
"(4) model systems for collecting and reporting information to 
local school officials on the number, ages, and grade levels of 
the children not completing their elementary and secondary 
education and the reasons why such children have dropped out 
of school; 
"(5) school dropout programs which include coordinated serv-
ices and activities with programs of vocational education, adult 
basic education, and programs under the Job Training Partner-
ship Act; 
"(6) projects which are carried out in consortia with a commu-
nity-based organization, any nonprofit private organization, 
institution of higher education. State educational agency. State 
and local public agencies, private industry councils (established 
under the Job Training Partnership Act), museum, library, 
or educational television or broadcasting station, or commu-
nity-based organization; or 
"(7) any of the activities described in section 6005 or 6006 of 
title VI. 
"(d) LIMITATION.—Not more than 25 percent of amounts available 
may be used by a local educational agency for noninstructional 
services. 
20 use 2764. 
"SEC. 1104. APPLICATIONS. 
"(a) APPLICATION REQUIRED.—Any local educational agency which 
desires to receive a grant under this part shall submit to the State 
educational agency an application which describes the program to 
be supported with funds under this part and complies with the 
provisions of subsection (b). 
"(b) CONTENTS OF APPLICATION.—Each application submitted 
under subsection (a) shall— 
"(1) describe the program goals and the manner in which 
funds will be used to initiate or expand services to secondary 
school students, school dropouts, and potential school dropouts; 
"(2) describe the activities and services which will be provided 
by the program (including documentation to demonstrate that 
the local educational agency has the qualified personnel re-
quired to develop, administer, and implement the program 
under this part); 
"(3) assure that the programs will be conducted in schools 
with the greatest need for assistance, in terms of achievement 
levels, poverty rates, or school dropout rates; 
"(4) assure that the programs will serve those eligible stu-
dents most in need of the activities and services provided by this 
part; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 175 
"(5) assure that services will be provided under this part, as 
appropriate, to special populations, such as individuals with 
limited English proficiency and individuals with handicaps; 
"(6) assure that parents of eligible students will be involved in 
the development and implementation of programs under this 
part; 
"(7) describe the methods by which the applicant will coordi-
nate programs under this part with programs for the eligible 
student population operated by community-based organizations, 
social service organizations and agencies, private sector entities, 
and other agencies, organizations, and institutions, and with 
programs conducted under the Carl D. Perkins Vocational Edu-
catio.n Act, the Adult Education Act, the Job Training Partner-
ship Act, and other relevant Acts; 
"(8) assure that, if feasible, the local educational agency will 
enter into arrangements with local businesses, labor organiza-
tions, or chambers of commerce under which such businesses 
and organizations will help secure employment for graduates of 
schools operating projects under this part; 
"(9) assure that to the extent consistent with the number of 
students in the school district of the local educational agency 
who are enrolled in private secondary schools, such agency 
shall, after timely and meaningful consultation with appro-
priate private school officials, make provision for including such 
services and arrangements for the benefit of such students as 
will assure their equitable participation in the purposes and 
benefits of this part; and 
"(10) provide such other information £is the State educational 
agency may require to determine the nature and quality of the 
proposed project and the applicant's ability to carry it out. 
"(c) SPECIAL RULE.—If the Secretary determines that a local edu-
cational agency has substantially failed to comply with paragraph 
(9) (by reason of State law or otherwise) or is unwilling to provide for 
such participation on an equitable basis, the Secretary shall waive 
such requirement, and, subject to the provisions of section 1017(b) of 
part A of this chapter, shall arrange for the provision of services to 
such students. 
"(d) DURATION OF GRANTS.—Grants may be awarded for a period 
of 3 years. 
"SEC. 1105. AWARD OF GRANTS. 
"Each State educational agency shall award grants to local edu-
cational agencies within the State which— 
"(1) demonstrate the greatest need for services provided 
under this part based on their numbers of low-income children, 
numbers of low-achieving children, or numbers of school 
dropouts; 
"(2) are representative of urban and rural regions of the 
State; 
"(3) offer innovative approaches to improving achievement 
among eligible youth or offer approaches which show promise 
for replication and dissemination; and 
"(4) offer innovative approaches to reducing the number of 
school dropouts. 
Disadvantaged 
persons. 
Handicapped 
persons. 
20 u s e 2765. 
Disadvantaged 
persons. 
Urban areas. 
Rural areas. 
102 STAT. 176 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 2766. 
"SEC. 1106. FISCAL REQUIREMENTS AND COORDINATION PROVISIONS. 
"(a) GENERAL RULE.—(1) The provisions of subsections (a) through 
(d) of section 1018 of this Act shall apply to the program authorized 
by this part. 
"(2) ADMINISTRATIVE COSTS.—Not more than 5 percent of a grant 
may be used for local administrative costs. 
"(3) COORDINATION AND DISSEMINATION.—Local educational agen-
cies receiving grants under this part shall cooperate with the 
coordination and dissemination efforts of the National Diffusion 
Network and State educational agencies. 
"(b) SPECIAL RULE.—(1) Each local educational agency shall use 
funds under this part to supplement the level of funds under this 
chapter that are used for secondary school programs. 
"(2) In order to comply with paragraph (1), any local educational 
agency which operates secondary school programs funded under 
chapter 1 of the Education Consolidation and Improvement Act of 
1981 or part A of this Act and which is operating secondary school 
basic skills programs under this part shall continue the same aggre-
gate level of funding for such programs, at the same schools or at 
other eligible schools within the local educational agency. 
20 use 2767. 
"SEC. 1107. EVALUATION. 
"The provisions of sections 1019 and 1021 shall apply to local 
educational agencies receiving grants under this part. 
20 use 2768. 
"SEC. 1108. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated $400,000,000 for the 
fiscal year 1990, $450,000,000 for the fiscal year 1991, $500,000,000 
for the fiscal year 1992, and $550,000,000 for the fiscal year 1993 to 
carry out this part. 
"PART 
D—PROGRAMS 
OPERATED 
BY 
STATE 
AGENCIES 
"Subpart 1—Programs for Migratory Children 
20 use 2781. 
"SEC. 1201. GRANTS—ENTITLEMENT AND AMOUNT, 
"(a) ENTITLEMENT.—A State educational agency or a combination 
of such agencies shall, upon application, be entitled to receive a 
grant for any fiscal year under this part to establish or improve, 
either directly or through local educational agencies, programs of 
education for migratory children of migratory agricultural workers 
(including migratory agricultural dairy workers) or of migratory 
fishermen which meet the requirements of section 1202. 
"(b) AMOUNT OF GRANT.—(1) Except as provided in section 1291, 
the total grants which shall be made available for use in any State 
(other than the Commonwealth of Puerto Rico) for this subpart shall 
be an amount equal to 40 percent of the average per pupil expendi-
ture in the State (or (A) in the case where the average per pupil 
expenditure in the State is less than 80 percent of the average per 
pupil expenditure in the United States, of 80 percent of the average 
per pupil expenditure in the United States, or (B) in the case where 
the average per pupil expenditure in the State is more than 120 
percent of the average per pupil expenditure in the United States, of 
120 percent of the average per pupil expenditure in the United 
States) multiplied by (i) the estimated number of such migratory 
children aged 3 to 21, inclusive, who reside in the State full time, 
and (ii) the full-time equivalent of the estimated number of such 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 177 
migratory children aged 3 to 21, inclusive, who reside in the State 
part time, as determined by the Secretary in accordance with 
regulations, except that if, in the case of any State, such amount 
exceeds the amount required under section 1202, the Secretary shall 
allocate such excess, to the extent necessary, to other States, whose 
total of grants under this sentence would otherwise be insufficient 
for all such children to be served in such other States. In determin-
ing the full-time equivalent number of migratory children who are 
in a State during the summer months, the Secretary shall adjust the 
number so determined to take into account the special needs of 
those children for summer programs and the additional costs of 
operating such programs during the summer. In determining the 
number of migrant children for the purposes of this section the 
Secretary shall use statistics made available by the migrant student 
record transfer system or such other system as the Secretary may 
determine most accurately and fully reflects the actual number of 
migrant students. In submitting the information required to make 
such determination, the States may not exceed a standard error rate 
of 5 percent. 
"(2) To carry out the determinations of eligibility required by this 
section, the Secretary shall develop a national standard form for 
certification of migrant students. 
"(3) For each fiscal year, the Secretary shall determine the Puerto Rico, 
percentage which the average per pupil expenditure in the 
Commonwealth of Puerto Rico is of the lowest average per pupil 
expenditure of any of the 50 States. The grant which the Common-
wealth of Puerto Rico shall be eligible to receive under this section 
for a fiscal year shall be the amount arrived at by multiplying the 
number of such migrant children in the Commonwealth of Puerto 
Rico by the product of— 
"(A) the percentage determined under the preceding sentence, 
and 
"(B) 32 percent of the average per pupil expenditure in the 
United States. 
"SEC. 1202. PROGRAM REQUIREMENTS. 
"(a) REQUIREMENTS FOR APPROVAL OF APPLICATION.—The Sec-
retary may approve an application submitted under section 1201(a) 
only upon a determination— 
"(1) that payments will be used for programs and projects 
(including the acquisition of equipment and where necessary 
the construction of school facilities) which are designed to meet 
the special educational needs of migratory children of migra-
tory agricultural workers (including migratory agricultural 
dairy workers) or of migratory fishermen, and to coordinate 
such programs and projects with similar programs and projects 
in other States, including the transmittal of pertinent informa-
tion with respect to school records of such children; 
"(2) that in planning and carrying out programs and projects 
there has been and will be appropriate coordination with pro-
grams administered under section 418 of the Higher Education 
Act, section 402 of the Job Training Partnership Act, the Edu-
cation of the Handicapped Act, the Community Services Block 
Grant Act, the Head Start program, the migrant health pro-
gram, and all other appropriate programs under the Depart-
ments of Education, Labor, and Agriculture; 
20 u s e 2782. 
Records. 
102 STAT. 178 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 2783. 
Grants. 
Contracts. 
"(3) that such programs and projects will be administered and 
carried out in a manner consistent with the basic objectives of 
section 1011 (other than subsection (b)), sections 1012, 1014, and 
1018, and subpart 2 of part F; 
"(4) that, in the planning and operation of programs and 
projects at both the State and local educational agency level, 
there is appropriate consultation with parent advisory councils 
(established in order to comply with this provision) for programs 
extending for the duration of a school year, and that all pro-
grams are carried out in a manner consistent with the require-
ments of section 1016; 
"(5) that, in planning and carrying out programs and projects, 
there has been adequate assurance that provision will be made 
for the preschool education needs of migratory children of 
migratory agricultural workers (including migratory agricul-
tural dairy workers) or of migratory fishermen; and 
"(6) that programs conducted under this subpart will be 
evaluated in terms of their effectiveness in achieving stated 
goals, including objective measurements of educational achieve-
ment in basic skills, and that for formerly migratory children 
who have been served under this subpart in a full school year 
program for at least 2 years, such evaluations shall include a 
determination of whether improved performance is sustained 
for more than 1 year, 
"(b) CONTINUATION OF MIGRANT STATUS.—For purposes of this 
subpart, with the concurrence of the parents, a migratory child of a 
migratory agricultural worker (including migratory agricultural 
dairy workers) or of a migratory fisherman shall be considered to 
continue to be such a child for a period, not in excess of 5 years. 
Such children who are currently migrant, as determined pursuant 
to regulations of the Secretary, shall be given priority in the consid-
eration of programs and activities contained in applications submit-
ted under this section. 
"(c) DEFINITIONS.—The Secretary shall continue to use the defini-
tions of 'agricultural activity', 'currently migratory child', and 'fish-
ing activity' which were published in the Federal Register on April 
30, 1985, in regulations prescribed under section 555(b) of the Edu-
cation Consolidation and Improvement Act of 1981 and subpart 1 of 
part B of title I of the Elementary and Secondary Education Act of 
1965 (as in effect on April 30, 1985). No additional definition of 
'migratory agricultural worker' or 'migratory fisherman' may be 
applied to the provisions of this subpart. 
"(d) BYPASS PROVISION.—If the Secretary determines that a State 
is unable or unwilling to conduct educational programs for migra-
tory children of migratory agricultural workers (including migra-
tory agricultural dairy workers) or of migratory fishermen, that it 
would result in more efficient and economic administration, or that 
it would add substantially to the welfare or educational attainment 
of such children, the Secretary may make special arrangements 
with other public or nonprofit private agencies to carry out the 
purposes of this section in 1 or more States, and for this purpose the 
Secretary may use all or part of the total of grants available for any 
such State under this subpart. 
"SEC. 1203. COORDINATION OF MIGRANT EDUCATION ACTIVITIES. 
"(a) ACTIVITIES AUTHORIZED.—(1) The Secretary is authorized to 
make grants to, and enter into contracts with, State educational 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 179 
agencies (in consultation with and with the approval of the States) 
for activities to improve the interstate and intrastate coordination 
among State and local educational agencies of the educational 
programs available for migratory students. Each grant issued under 
this paragraph shall not exceed 3 years for its stated purpose. 
"(2)(A) The Secretary is also authorized to enter into contracts 
with State educational agencies to operate a system for the transfer 
among State and local educational agencies of migrant student 
records (including individualized education programs approved 
under the Education of the Handicapped Act). 
"(B) Except as provided in subparagraph (C), for the purpose of 
ensuring continuity in the operation of such system, the Secretary 
shall, not later than July 1 of each year, continue to award such 
contract to the State educational agency receiving the award in the 
preceding year, unless a majority of the States notify the Secretary 
in writing that such agency has substantially failed to perform its 
responsibilities under the contract during that preceding year. 
"(C) Beginning on July 1, 1992, and every 4 years thereafter, the Effective date. 
Secretary shall conduct a competition to award such contract. 
"(D) No activity under this section shall, for purposes of any 
Federal law, be treated as an information collection that is con-
ducted or sponsored by a Federal agency. 
"(3) Grants or contracts shall also be made under this section to 
State educational agencies to develop and establish a national pro-
gram of credit exchange and accrual for migrant students so that 
such students will be better able to meet graduation requirements 
and receive their high school diplomas. Such grants or contracts 
may not exceed 3 years. 
"(b) AVAILABILITY OF FUNDS.—The Secretary shall, from the funds 
appropriated for carrying out this subpart, reserve for purposes of 
this section for any fiscal year an amount, determined by the 
Secretary, which shall not be less than $6,000,000 nor more than 5 
percent of the amount appropriated. 
"Subpart 2—Programs for Handicapped Children 
SEC. 1221. AMOUNT AND ELIGIBILITY. 
20 u s e 2791. 
"(a) ELIGIBILITY FOR GRANT.—(1) A State educational agency shall 
be eligible to receive a grant under this subpart for any fiscal year 
for programs (as defined in sections 1222 and 1223) for handicapped 
children (as defined in paragraph (2)(B)). 
"(2) For the purpose of this subpart— 
"(A) 'children' includes infants and toddlers described in part 
, H of the Education of the Handicapped Act, as appropriate, and 
"(B) 'handicapped children' means children who by reason of 
their handicap require special education and related services, or 
in the case of infants and toddlers, require early intervention 
services and who are mentally retarded, hard of hearing, deaf, 
speech or language impaired, visually handicapped, seriously 
emotionally disturbed, orthopedically impaired, or other health 
impaired children or children with specific learning disabilities. 
"(b) STATE EDUCATIONAL AGENCY APPLICATION.—In order to re- Grants. 
ceive a grant under this subpart, a State educational agency shall 
submit an application to the Secretary which provides assurances 
that— 
102 STAT. 180 
PUBLIC LAW 100-297—APR. 28, 1988 
"(1) all handicapped children (other than handicapped infants 
and toddlers) in the State participating in programs and 
projects funded under this subpart receive a free appropriate 
public education and such children and such children's parents 
are provided all the rights and procedural safeguards under 
part B of the Education of the Handicapped Act and this 
subpart and that all handicapped infants and toddlers in the 
State participating under this subpart receive early interven-
tion services and such infants and toddlers and their families 
are provided the rights and procedural safeguards under part H 
of such Act; 
"(2) programs and projects receiving assistance under this 
subpart are administered in a manner consistent with this 
subpart, subpart 2 of part F, part B of the Education of the 
Handicapped Act, and as determined by the Secretary to be 
appropriate, part H of the Education of the Handicapped Act, 
including the monitoring by such agency of compliance under 
paragraph (1); 
"(3) programs and projects under this subpart will be coordi-
nated with services under the Education of the Handicapped 
Act; 
"(4) for fiscal year 1991, and each subsequent fiscal year, the 
State educational agency will administer the program au-
thorized by this subpart through the State office responsible for 
administering part B of the Education of the Handicapped Act; 
Reports. 
"(5) the agency will report annually to the Secretary— 
"(A) the number of children served under this subpart for 
each disability and age category as described in part B of 
the Education of the Handicapped Act; 
"(B) the number of children served under this subpart in 
each of the educational placements described in section 
618(b)(2) of the Education of the Handicapped Act (and will 
report separately State-operated and State-supported pro-
grams and local educational agency programs for children 
previously served in such State programs); and 
"(C) on the uses of funds and the allocation of such funds 
for such uses under this subpart; and 
Reports. 
"(6) the agency will report to the Secretary such other 
information as the Secretary may reasonably request. 
"(c) AMOUNT OF GRANT.—(1) Except as provided in subsection (e) 
and section 1291, the grant which a State educational agency (other 
than the agency for Puerto Rico) shall be eligible to receive under 
this section shall be an amount equal to 40 percent of the average 
per pupil expenditure in the State (or (A) in the case where the 
average per pupil expenditure in the State is less than 80 percent of 
the average per pupil expenditure in the United States, of 80 
percent of the average per pupil expenditure in the United States, 
or (B) in the case where the average per pupil expenditure in the 
State is more than 120 percent of the average per pupil expenditure 
in the United States, of 120 percent of the average per pupil 
expenditure in the United States), multiplied by the number of 
handicapped 
children, 
from 
birth 
through 
21, enrolled 
on 
December 1, as determined by the Secretary, in programs or schools 
for handicapped infants, toddlers and children operated or sup-
ported by a State agency which— 
"(i) is directly responsible for providing free public education 
for handicapped children (including schools or programs provid-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 181 
ing special education and related services for handicapped chil-
dren under contract or other arrangement with such agency); or 
"(ii) is directly responsible for providing early intervention 
services for handicapped infants or toddlers (including schools 
or programs providing special education and related services for 
handicapped children under contract or other arrangement 
with such agency), 
in the most recent fiscal year for which satisfactory data are avail-
able. The State educational agency shall distribute such funds to the 
appropriate State agency on the basis of the December 1 child count 
by distributing an equal amount for each child counted. 
"(2) For each fiscal year, the Secretary shall determine the Grants, 
percentage which the average per pupil expenditure in the Puerto Rico. 
Commonwealth of Puerto Rico is of the lowest average per pupil 
expenditure of any of the 50 States. Except as provided in subsection 
(e), a grant which the Commonwealth of Puerto Rico shall be eligible 
to receive under this subpart for a fiscal year shall be the amount 
arrived at by multiplying the number of such handicapped children 
in the Commonwealth of Puerto Rico by the product o
f
— 
"(A) the percentage determined under the preceding sentence, 
and 
"(B) 32 percent of the average per pupil expenditure in the 
United States. 
"(d) COUNTING OF CHILDREN TRANSFERRING FROM STATE TO LOCAL 
PROGRAMS.—In any case in which a child described in sections 
1225(1)(A) and 1225(l)(B)(i) leaves an educational program for handi-
capped children operated or supported by a State agency in order to 
participate in such a program operated or supported by a local 
educational agency, such child shall be counted under subsection (c) 
if— 
"(1) the child was receiving and continues to receive a free 
appropriate public education; and 
"(2) the State educational agency transfers to the local edu-
cational agency in whose program such child participates an 
amount equal to the sums received by such State educational 
agency under this section which are attributable to such child, 
to be used for the purpose set forth in section 1223. 
"(e) SPECIAL REQUIREMENT.—The State educational agency may 
count handicapped children aged 3 to 5, inclusive, in a State only if 
such State is eligible for a grant under section 619 of the Education 
of the Handicapped Act. 
"SEC. 1222. PROGRAM REQUIREMENTS. 
20 USC 2792. 
"(a) GENERAL REQUIREMENTS.—A State educational agency shall 
use the payments made under this subpart for programs and 
projects (including the acquisition of equipment) which are designed 
to supplement the special education needs of handicapped children 
(other than handicapped infants and toddlers) or the early interven-
tion needs of handicapped infants and toddlers. Such programs and 
projects shall be administered in a manner consistent with this 
subpart, subpart 2 of part F, part B of the Education of the Handi-
capped Act, and, as determined by the Secretary to be appropriate, 
part H of the Education of the Handicapped Act. 
"(b) SERVICES.—Funds under this subpart shall be used to supple-
ment the provision of special education and related services for 
handicapped children (other than handicapped infants and toddlers) 
or early intervention services for handicapped infants and toddlers. 
102 STAT. 182 
PUBLIC LAW 100-297—APR. 28, 1988 
"(c) DEMONSTRATION OF BENEFIT.—Recipients of funds under this 
subpart shall collect and maintain such evaluations and assess-
ments as may be necessary to demonstrate that the programs and 
projects were beneficial to the children served. 
20 use 2793. 
"SEC. 1223. USES OF FUNDS. 
"(a) GENERAL RULE.—Programs, and projects authorized under 
this subpart may include, but are not limited to— 
"(1) services provided in early intervention, preschool, ele-
mentary, secondary, and transition programs; 
"(2) acquisition of equipment and instructional materials; 
"(3) employment of special personnel; 
"(4) training and employment of education aides; 
"(5) training in the use and provision of assistive devices and 
other specialized equipment; 
"(6) training of teachers and other personnel; 
"(7) training of parents of handicapped children; 
"(8) training of nonhandicapped children to facilitate their 
participation with handicapped children in joint activities; 
"(9) training of employers and independent living personnel 
involved in assisting the transition of handicapped children 
from school to the w^orld of work and independent living; 
"(10) outreach activities to identify and involve handicapped 
children and their families more fully in a wide range of 
educational and recreational activities in their communities; 
and 
"(11) planning for, evaluation of, and dissemination of 
information regarding such programs and projects assisted 
under this subpart. 
"(b) PROHIBITION.—Programs and projects authorized under this 
subpart may not include the construction of facilities. 
20 use 2794. 
"SEC. 1224. SERVICE AND PROGRAM APPLICATIONS. 
Grants. 
"(a) APPLICATION REQUIRED.—A State agency or local educational 
agency may receive a grant under this subpart for any fiscal year if 
it has on file with the State educational agency an application which 
describes the services, programs, and projects to be conducted with 
such assistance for a period of not more than 3 years, and each such 
application has been approved by the State educational agency. Any 
State educational agency operating programs or projects under this 
subpart shall prepare a written description of such programs and 
projects in accordance with subsections (b) and (c). 
"(b) REQUIREMENTS.—At a minimum each such application shall— 
"(1) indicate the number of children to be served; 
"(2) specify the number of children to be served for each 
disability and age category as described in part B of the Edu-
cation of the Handicapped Act; 
"(3) describe the purpose or purposes of the project and the 
method or methods of evaluating the effectiveness of the serv-
ices, projects, or program; 
"(4) specify the services to be provided with the funds 
furnished under this subpart; and 
"(5) include other information the Secretary or State edu-
cational agency may request. 
"(c) APPLICATION ASSURANCES.—Any such application shall pro-
vide assurances that— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 183 
"(1) all handicapped children in the State (other than handi-
capped infants and toddlers) participating in programs and 
projects funded under this subpart receive a free appropriate 
public education and such children and such children's parents 
are provided all the rights and procedural safeguards under 
part B of the Education of the Handicapped Act and this 
subpart and that all handicapped infants and toddlers in the 
State participating under this subpart receive early interven-
tion services and such infants and toddlers and their families 
are provided the rights and procedural safeguards under part H 
of such Act; 
"(2) services, programs, and projects conducted under this 
subpart are of sufficient size, scope, and quality to give reason-
able promise toward meeting the special educational and early 
intervention needs of children to be served; 
"(3) funds made available under the subpart will supplement, 
not supplant State and local funds in accordance with section 
1018(b); 
"(4) the agency will maintain its fiscal effort in accordance 
with section 1018(a); 
"(5) the agency will conduct such evaluations and assessments 
as may be necessary to demonstrate that the programs and 
projects are beneficial to the children served; 
"(6) the parents of children to be served with funds under this 
subpart are provided an opportunity to participate in the devel-
opment of its project application; and 
"(7) the agency will comply with all reporting requirements in 
a timely manner. 
"(d) LETTER OF REQUEST.—The State educational agency may 
accept, in lieu of a project application, a letter of request for 
payment from a local educational agency, if the local agency intends 
to serve fewer than 5 children with its payment. In such a letter the 
agency shall include an assurance that the payment will be used to 
supplement the provision of special education and related services. 
"SEC. 1225. ELIGIBLE CHILDREN. 
20 USC 2795. 
"The children eligible for services under this subpart are— 
"(1) those handicapped children from birth to 21, inclusive, 
who— 
"(A) the State is directly responsible for providing special 
education or early intervention services to (including 
schools or programs providing special education and related 
services for handicapped children under contract or other 
arrangement with such agency), and 
"(B)(i) are participating in a State-operated or State-
supported school or program for handicapped children 
(including schools and programs operated under contract or 
other arrangement with a State agency), or 
"(ii) previously participated in such a program and are 
receiving special education or early intervention services 
from local educational agencies; and 
"(2) other handicapped children, if children described in para-
graph (1) have been fully served. 
102 STAT. 184 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 2796. 
"SEC. 1226. FEDERAL MONITORING REQUIREMENT. 
"Whenever the Secretary conducts monitoring visits under part B 
of the Education of the Handicapped Act, the Secretary shall mon-
itor the program authorized by this subpart, if applicable. 
"Subpart 3—Programs for Neglected and Delinquent Children 
20 u s e 2801. 
"SEC. 1241. AMOUNT AND ENTITLEMENT. 
"(a) ENTITLEMENT TO GRANTS.—A State agency which is respon-
sible for providing free public education for children in institutions 
for neglected or delinquent children or in adult correctional institu-
tions shall be entitled to receive a grant under this subpart for any 
fiscal year (but only if grants received under this subpart are used 
only for children in such institutions). 
"(b) AMOUNT OF GRANT.—(1) Except as provided in section 1291, 
the grant which such an agency (other than the agency for Puerto 
Rico) shall be eligible to receive shall be an amount equal to 40 
percent of the average per pupil expenditure in the State (or (A) in 
the case where the average per pupil expenditure in the State is less 
than 80 percent of the average per pupil expenditure in the United 
States, of 80 percent of the average per pupil expenditure in the 
United States, or (B) in the case where the average per pupil 
expenditure in the State is more than 120 percent of the average per 
pupil expenditure in the United States, of 120 percent of the average 
per pupil expenditure in the United States) multiplied by the 
number of such neglected or delinquent children in average daily 
attendance, as determined by the Secretary, at schools for such 
children operated or supported by that agency, including schools 
providing education for such children under contract or other 
arrangement with such agency, in the most recent fiscal year for 
which satisfactory data are available. 
Puerto Rico. 
"(2) For each fiscal year, the Secretary shall determine the 
percentage which the average per pupil expenditure in the 
Commonwealth of Puerto Rico is of the lowest average per pupil 
expenditure of any of the 50 States. The grant which the Common-
wealth of Puerto Rico shall be eligible to receive under this subpart 
for a fiscal year shall be the amount arrived at by multiplying the 
number of such neglected or delinquent children in the Common-
wealth of Puerto Rico by the product o
f
— 
"(A) the percentage determined under the preceding sentence, 
and 
"(B) 32 percent of the average per pupil expenditure in the 
United States. 
20 use 2802. 
"SEC. 1242. PROGRAM REQUIREMENTS. 
"(a) USE OF PAYMENTS.—A State agency shall use payments under 
this subpart only for programs and projects (including the acquisi-
tion of equipment and, where necessary, the construction of school 
facilities) which are designed to meet the special educational needs 
of children in institutions for neglected or delinquent children, 
children attending community day programs for neglected and 
delinquent children, or children in adult correctional institutions. 
Such programs and projects shall be designed to support educational 
services supplemental to the basic education of such children which 
must be provided by the State, and such programs and projects shall 
be administered and carried out in a manner consistent with sub-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 185 
part 2 of part F and sections 1011(a), 1014, and section 1018 (other 
than subsection (c)). The transfer of neglected and delinquent Records, 
student records among State and local educational agencies, institu-
tions, and programs shall include any individualized education 
programs of such students. 
"(b) COMPLIANCE.—In determining whether programs under this 
subpart have complied with the supplement not supplant require-
ment under section 1018(b), programs which are supplementary in 
terms of the number of hours of instruction students are receiving 
from State and local sources shall be considered in compliance 
without regard to the subject areas in which those instructional 
hours are given. 
"(c) THREE-YEAR PROJECTS.—Where a State agency operates pro-
grams under this subpart in which children are likely to participate 
for more than 1 year, the State educational agency may approve the 
application for a grant under this subpart for a period of more than 
1 year, but not to exceed 3 years. 
"(d) EVALUATION.—Programs for neglected and delinquent chil-
dren under this subpart shall be evaluated annually to determine 
their impact on the ability of such children to maintain and improve 
educational achievement, to maintain school credit in compliance 
with State requirements, and to make the transition to a regular 
program or special education program operated by a local edu-
cational agency. 
"SEC. 1243. TRANSITION SERVICES. 
20 USC 2803. 
"(a) TRANSITION SERVICES.—Each State may reserve not more 
than 10 percent of the amount it receives under section 1241 for any 
fiscal year to support projects that facilitate the transition of chil-
dren from State operated institutions for neglected and delinquent 
children into locally operated programs. 
"(b) CONDUCT OF PROJECTS.—Projects supported under this section 
may be conducted directly by the State agency, or by contracts or 
other arrangements with one or more local educational agencies, 
other public agencies, or private nonprofit organizations. 
"(c) LIMITATION.—Assistance under this section shall be used only 
to provide special educational services to neglected and delinquent 
children in schools other than State operated institutions. 
"SEC. 1244. DEFINITIONS. 
20 USC 2804. 
"For the purposes of this subpart, the following terms have the 
following meanings: 
"(1) The term 'institution for delinquent children', as deter-
mined by the State educational agency, means a public or 
private residential facility that is operated for the care of 
children who have been determined to be delinquent or in need 
of supervision. 
"(2) The term 'institution for neglected children' means, as 
determined by the State educational agency, a public or private 
residential facility (other than a foster home) that is operated 
for the care of children who have been committed to the institu-
tion or voluntarily placed in the institution under applicable 
State law, due to abandonment, neglect, or death of parents or 
guardians. 
102 STAT. 186 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 2811. 
Appropriation 
authorization. 
20 use 2812. 
"Subpart 4—General Provisions for State Operated Programs 
"SEC. 1291. RESERVATION OF FUNDS F'OR TERRITORIES. 
"There is authorized to be appropriated for each fiscal year for 
purposes of each of subparts 1, 2, and 3 of this part, an amount equal 
to not more than 1 percent of the amount appropriated for such year 
for such subparts, for payments to Guam, American Samoa, the 
Virgin Islands, the Northern Mariana Islands, and the Trust Terri-
tory of the Pacific Islands under each such subpart. The amounts 
appropriated for each such subpart shall be allotted among Guam, 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands according to their 
respective need for such grants, based on such criteria as the 
Secretary determines will best carry out the purposes of this 
chapter. 
"SEC. 1292. DUAL ELIGIBILITY FOR PROGRAMS. 
"Neglected and delinquent children under subpart 3 who are 
eligible for programs for handicapped children under subpart 2, may 
be counted under each subpart for purposes of grant determination 
and may be served under each such program. 
"PART E—PAYMENTS 
20 use 2821. 
"SEC. 1401. PAYMENT METHODS. 
"The Secretary shall, from time to time, pay to each State, in 
advance or otherwise, the amount which it and the local educational 
agencies of that State are eligible to receive under this chapter. 
Such payments shall take into account the extent (if any) to which 
any previous payment to such State educational agency under this 
chapter or chapter 1 of the Education Consolidation and Improve-
ment Act of 1981 (whether or not in the same fiscal year) was 
greater or less than the amount which should have been paid to it. 
20 use 2822. 
"SEC. 1402. AMOUNT OF PAYMENTS TO LOCAL EDUCATIONAL AGENCIES. 
"From the funds paid to it pursuant to section 1401 each State 
educational agency shall distribute to each local educational agency 
of the State which is eligible to receive a grant under this chapter 
and which has submitted an application approved pursuant to 
section 1012 the amount for which such application has been ap-
proved, and the amount which the local educational agency is 
eligible to receive under sections 1053 and 1102 except that the 
amount shall not exceed the amount determined for that local 
educational agency under this chapter. 
20 use 2823. 
"SEC. 1403. ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS. 
Grants. 
"(a) ADJUSTMENT ALLOCATION.—If the sums appropriated for any 
fiscal year for making the payments provided for in this chapter are 
not sufficient to pay in full the total amounts which all local and 
State educational agencies are entitled to receive under this chapter 
for such year, the amount available for each grant to a State agency 
eligible for a grant under subpart 1, 2, or 3 of part D shall be equal 
to the total amount of the grant as computed under each such 
subpart. If the remainder of such sums available after the applica-
tion of the preceding sentence is not sufficient to pay in full the total 
amounts which all local educational agencies are entitled to receive 
under subpart 1 of part A of this chapter for such year, the alloca-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 187 
tions to such agencies shall, subject to section 1006(c) and to adjust-
ments under the next sentence, be ratably reduced to the extent 
necessary to bring the aggregate of such allocations within the 
limits of the amount so appropriated. The allocation of a local 
educational agency which would be reduced under the preceding 
sentence to less than 85 percent of its allocation under subpart 1 of 
the part A for the preceding fiscal year, shall be increased to such 
amount, the total of the increases thereby required being derived by 
proportionately reducing the allocations of the remaining local edu-
cational agencies, under the preceding sentence, but with such 
adjustments as may be necessary to prevent the allocation to any 
remaining local educational agency from being thereby reduced to 
less than 85 percent of its allocation for such year. 
"(b) ADDITIONAL FUNDS ALLOCATION.—(1) If additional funds 
become available for making payments under this chapter for that 
year, allocations that were reduced pursuant to subsection (a) shall 
be increased on the same basis as they were reduced. 
"(2) In order to permit the most effective use of all appropriations 
made to carry out this chapter, the Secretary may set dates by 
which (A) State educational agencies must certify to the Secretary 
the amounts for which the applications of educational agencies have 
been or will be approved by the State, and (B) State educational 
agencies referred to in subpart 1 of part D must file applications. If Grants, 
the maximum grant a local educational agency would receive (after 
any ratable reduction which may have been required under the first 
sentence of subsection (a) of this section) is more than an amount 
which the State educational agency determines, in accordance with 
regulations prescribed by the Secretary, such agency will use, the 
excess amount shall be made available first to educational agencies 
in that State. Determinations of the educational agencies to which 
such excess amounts shall be made available by the State edu-
cational agency in furtherance of the purposes of this chapter shall 
be in accordance with criteria prescribed by the Secretary which are 
designed to assure that such excess amounts will be made available 
to other eligible educational agencies with the greatest need, for the 
purpose of, where appropriate, redressing inequities inherent in, or 
mitigating hardships caused by, the application of the provisions of 
section 1005(a) as a result of such factors as population shifts and 
changing economic circumstances. In the event excess amounts 
remain after carrying out the preceding 2 sentences of this section, 
such excess amounts shall be distributed among the other States as 
the Secretary shall prescribe for use by local educational agencies in 
such States for the purposes of this chapter in such manner as the 
respective State educational agencies shall prescribe. 
"SEC. 1404. PAYMENTS FOR STATE ADMINISTRATION. 
20 USC 2824. 
"(a) IN GENERAL.—The Secretary is authorized to pay to each 
State amounts equal to the amounts expended by it for the proper 
and efficient performance of its duties under this chapter (other 
than section 1021), except that the total of such payments in any 
fiscal year shall be the greater of the following: 
"(1) 1 percent of the amount allocated to the State and its 
local educational agencies and to other State agencies as deter-
mined for that year under parts A and D; or 
"(2) $325,000, or $50,000 in the case of Guam, American 
Territories, U.S. 
Samoa, the Virgin Islands, the Northern Mariana Islands, or 
the Trust Territory of the Pacific Islands. 
102 STAT. 188 
PUBLIC LAW 100-297—APR. 28, 1988 
"(b) LIMITATION ON INDIRECT COSTS.—Not more than 15 percent of 
the State administrative allocation under subsection (a) may be used 
for indirect costs of the grant. 
20 u s e 2825. 
"SEC. 1405. FUNDS FOR THE IMPLEMENTATION OF SCHOOL IMPROVE-
MENT PROGRAMS. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to pay, for 
the purpose of carrying out program improvement plans described 
in section 1021, to each State an amount equal to— 
"(1)(A) 0.25 percent of the amount allocated to the State and 
its local educational agencies as determined under parts A and 
D for fiscal years 1989,1990, and 1991; and 
"(B) 0.5 percent of the amount allocated to the State and its 
local educational agencies as determined under parts A and D 
for fiscal years 1992 and 1993; or 
"(2)(A) $90,000 or $15,000 in the case of Guam, American 
Samoa, the Virgin Islands, the Northern Mariana Islands, or 
the Trust Territory of the Pacific Islands for fiscal years 1989, 
1990 and 1991' and 
Territories, U.S. 
"(B) $180,000 or $30,000 in the case of Guam, American 
Samoa, the Virgin Islands, the Northern Mariana Islands, or 
the Trust Territory of the Pacific Islands for fiscal years 1992 
and 1993. 
"(b) LIMITATIONS.—(1) No funds made available to States under 
subsection (a) may be used for administrative functions related to 
any provisions of this chapter. 
"(2) Funds made available to States under this section shall only 
be used for direct educational services in schools implementing 
program improvement plans as described under section 1021. 
"(3) Parents of participating children, school staff, the local edu-
cational agency and the State educational agency shall jointly agree 
to the selection of providers of technical assistance and the best use 
of funds available under subsection (a) for the effective implementa-
tion of the program improvement plan. Uses of such funds include 
assistance from— 
"(A) an institution of higher education; 
"(B) federally supported educational laboratory or center; 
"(C) State personnel with expertise in educational improve-
ment; 
"(D) locally. State, or nationally based consultants; and 
"(E) other possible providers of the specific services required 
by the school's program plan. 
20 u s e 2826. 
"SEC. 1406. LIMITATION ON GRANT TO THE COMMONWEALTH OF PUERTO 
RICO. 
"Notwithstanding the provisions of this chapter, the amount paid 
to the Commonwealth of Puerto Rico under this chapter for any 
fiscal year shall not exceed 150 percent of the amount received by 
the Commonwealth of Puerto Rico under chapter 1 of the Education 
Consolidation and Improvement Act or under this chapter in the 
preceding fiscal year. Any excess over such amount shall be used to 
ratably increase the allocations under subpart 1 of part A of the 
other local educational agencies whose allocations do not exceed the 
maximum amount for which the agencies are eligible under section 
1005. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 189 
"PART F—GENERAL PROVISIONS 
"Subpart 1—Federal Administration 
"SEC. 1431. FEDERAL REGULATIONS. 
20 USC 2831. 
"(a) IN GENERAL.—The Secretary is authorized to issue such regu-
lations as are considered necessary to reasonably ensure that there 
is compliance with the specific requirements and assurances 
required by this chapter. 
"(b) PROCEDURE.—(1) Prior to publishing proposed regulations 
pursuant to this chapter, the Secretary shall convene regional meet-
ings which shall provide input to the Secretary on the content of 
proposed regulations. Such meetings shall include representatives of 
Federal, State, and local administrators, parents, teachers, and 
members of local boards of education involved with implementation 
of programs under this chapter. 
"(2) Subsequent to regional meetings and prior to publishing 
proposed regulations in the Federal Register, the Secretary shall 
prepare draft regulations and submit regulations on a minimum of 4 
key issues to a modified negotiated rulemaking process as a dem-
onstration of such process. The modified process shall waive applica-
tion of the Federal Advisory Committee Act, but shall otherwise 
follow the guidance provided in the Administrative Conference of 
the United States in Recommendation 82-4, 'Procedures for Nego-
tiating Proposed Regulations' (47 Fed. Reg. 30708, June 18,1982) and 
any successor regulation. Participants in the demonstration shall be 
chosen by the Secretary from among participants in the regional 
meetings, representing the groups described in paragraph (1) and all 
geographic regions. The demonstration shall be conducted in a 
timely manner in order that final regulations may be issued by the 
Secretary within the 240-day period required by section 431(g) of the 
General Education Provisions Act. 
"(3) In an emergency situation in which regulations pursuant to 
this chapter must be issued within a very limited time to assist State 
and local educational agencies with the operation of the program, 
the Secretary may issue a regulation without such prior consulta-
tion, but shall immediately thereafter convene regional meetings to 
review the emergency regulation prior to issuance in final form. 
"(c) SPECIAL RULE.—Funds made available under sections 1437 Federal 
and 1463 of this chapter shall be released for expenditure by the 
Register, 
Secretary only at such time as final regulations pertaining to this 
Publication, 
chapter are published in the Federal Register. 
"(d) LIMITATION.—Programs under this chapter may not be 
required to follow any 1 instructional model, such as the provision of 
services outside the regular classroom or school program. 
"SEC. 1432. AVAILABILITY OF APPROPRIATIONS. 
20 USC 2832. 
"(a) GENERAL PROVISION.—Notwithstanding any other provision of 
law, unless expressly in limitation of this section, funds appro-
priated in any fiscal year to carry out activities under this chapter 
shall become available for obligation on July 1 of such fiscal year 
and shall remain available for obligation until the end of the 
subsequent fiscal year. 
"(b) CARRYOVER AND WAIVER.—Notwithstanding section 412 of the 
General Education Provisions Act, subsection (a) or any other provi-
sion of law— 
102 STAT. 190 
PUBLIC LAW 100-297-APR. 28, 1988 
"(1) not more than 25 percent of funds appropriated for fiscal 
year 1989 and 15 percent of funds appropriated for fiscal year 
1990 and each subsequent year may remain available for obliga-
tion for 1 additional year; 
"(2) a State educational agency may grant a 1-time waiver of 
the percentage limitation under paragraph (1) if the agency 
determines that the request by a local educational agency is 
reasonable and necessary or may grant a waiver in any fiscal 
year in which supplemental appropriations for this chapter 
become available for obligation; and 
"(3) the percentage limitation under paragraph (1) shall not 
apply with respect to any local educational agency which re-
ceives less than $50,000 under this chapter for any fiscal year. 
20 use 2833. 
"SEC. 1433. WITHHOLDING OF PAYMENTS. 
"(a) WITHHOLDING.—Whenever the Secretary, after reasonable 
notice to any State educational agency and an opportunity for a 
hearing on the record, finds that there has been a failure to comply 
substantially with any assurances required to be given or conditions 
required to be met under this chapter, the Secretary shall notify 
such agency of these findings and that beginning 60 days after the 
date of such notification, further payments will not be made to the 
State under this chapter, or affected part or subpart thereof (or, in 
the Secretary's discretion, that the State educational agency shall 
reduce or terminate further payments under the affected part or 
subpart thereof, to specified local educational agencies or State 
agencies affected by the failure) until the Secretary is satisfied that 
there is no longer any such failure to comply. Until the Secretary is 
so satisfied, (1) no further payments shall be made to the State 
under the part or subpart thereof, or (2) payments by the State 
educational agency under the part or subpart thereof shall be 
limited to local educational agencies and State agencies not affected 
by the failure, or (3) payments to particular local educational agen-
cies shall be reduced, as the case may be. 
"(b) NOTICE TO PUBLIC.—Upon submission to a State of a notice 
under subsection (a) that the Secretary is withholding payments, the 
Secretary shall take such action as may be necessary to bring the 
withholding of payments to the attention of the public within 
the State. 
20 use 2834. 
"SEC. 1434. JUDICIAL REVIEW. 
"(a) FILING APPEALS.—If any State is dissatisfied with the Sec-
retary's action under section 1433(a), such State may, within 60 days 
after notice of such action, file with the United States court of 
appeals for the circuit in which such State is located a petition for 
review of that action. A copy of the petition shall be forthwith 
transmitted by the clerk of the court to the Secretary. The filing of 
such petition shall act to suspend any withholding of funds by the 
Secretary pending the judgment of the court and prior to a final 
Records. 
action on any review of such judgment. The Secretary thereupon 
shall file in the court the record of the proceedings on which the 
Secretary's action was based, as provided in section 2112 of title 28, 
United States Code. 
"(b) BASIS OF REVIEW.—For the purposes of this chapter, the basis 
of review shall be as provided in section 458(c) of the General 
Education Provisions Act. 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 191 
"(c) JUDICIAL APPEALS.—Upon the filing of such petition, the court 
shall have jurisdiction to affirm the action of the Secretary or to set 
it aside, in whole or in part. The judgment of the court shall be 
subject to review by the Supreme Court of the United States upon 
certiorari of certification as provided in section 1254 of title 28, 
United States Code. 
"SEC. 1435. EVALUATION. 
20 USC 2835. 
"(a) NATIONAL STANDARDS.—In consultation with State and local 
educational agencies (including members of State and local boards of 
education and parent representatives), the Secretary shall develop 
national standards for local evaluation of programs under this 
chapter. In developing such standards, the Secretary may use the 
Title I Evaluation and Reporting System designed and implemented 
under title I of this Act, as in effect prior to the date of the 
enactment of the Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement Amendments of 1988 
as the model. The Secretary shall provide advance notification to 
State and local educational agencies of the requirements of such 
national standards of evaluations. 
"(b) REPORTS.—The Secretary shall submit a comprehensive and 
detailed report concerning State and local evaluation results based 
on data collected under sections 1019, 1107, 1202(a)(6), and 1242(d) to 
the appropriate committees of the Congress on a biennial basis. 
"SEC. 1436. COORDINATION OF FEDERAL, STATE, AND LOCAL ADMINIS- 
20 USC 2836. 
TRATION. 
"(a) POLICY MANUAL.—The Secretary shall, not later than 6 
months after the publication of final regulations with respect to this 
chapter, prepare and distribute to State educational agencies. State 
agencies operating programs under part D, and local educational 
agencies, and shall make available to parents and other interested 
individuals, organizations, and agencies, a policy manual for this 
chapter to— 
"(1) assist such agencies in (A) preparing applications for 
program funds under this chapter, (B) meeting the applicable 
program requirements under this chapter, and (C) enhancing 
the quality, increasing the depth, or broadening the scope of 
activities for programs under this chapter; 
"(2) assist State educational agencies in achieving proper and 
efficient administration of programs funded under this chapter; 
"(3) assist parents to become involved in the planning for, and 
implementation and evaluation of, programs and projects under 
this chapter; and 
"(4) ensure that officers and employees of the Department of 
Education, including officers and employees of the Secretary 
and officers and employees of such Department charged with 
auditing programs carried on under this chapter, uniformly 
interpret, apply, and enforce requirements under this chapter 
throughout the United States. 
"(b) CONTENTS OF POUCY MANUAL.—The policy manual shall, with 
respect to programs carried out under this chapter, contain descrip-
tions, statements, procedural and substantive rules, opinions, policy 
statements and interpretations and indices to and amendments of 
the foregoing, and in particular, whether or not such items are 
required under section 552 of title 5, United States Code to be 
102 STAT. 192 
PUBLIC LAW 100-297-APR. 28, 1988 
published or made available. The manual shall include (but not be 
limited to)— 
"(1) a statement of the requirements applicable to the pro-
grams carried out under this chapter, including such re-
quirements contained in this chapter, the General Education 
Provisions Act, other applicable statutes, and regulations issued 
under the authority of such statutes; 
"(2) an explanation of the purpose of each requirement and its 
interrelationship with other applicable requirements; 
"(3) a statement of the procedures to be followed by the 
Secretary with respect to proper and efficient performance of 
administrative responsibilities; 
"(4) summaries of (A) advisory opinions interpreting and 
applying applicable requirements, and (B) final audit deter-
minations relevant to programs under this chapter, including 
examples of actual applications of the legal requirements of 
applicable statutes and regulations; 
"(5) model forms and instructions developed by the Secretary 
for use by State and local educational agencies, at their discre-
tion, including, but not limited to, application forms, application 
review checklists, and instruments for monitoring programs 
under this chapter; 
"(6) summaries of appropriate court decisions concerning pro-
grams under this chapter; and 
"(7) model forms, policies, and procedures developed by State 
educational agencies. 
"(c) RESPONSE TO INQUIRIES.—The Secretary shall respond with 
written guidance not more than 90 days after any written request 
(return receipt requested) from a State or local educational agency 
regarding a policy, question, or interpretation under this chapter. In 
the case of a request from a local educational agency, such agency 
must first have addressed its request to the State educational 
agency. 
"(d) TECHNICAL ASSISTANCE.—From funds available to the Sec-
retary for studies, evaluations, and technical assistance, the Sec-
retary shall continue, establish, and expand technical assistance 
centers to provide assistance to State and local educational agencies 
with respect to programs under this chapter. In providing such 
assistance, centers shall place particular emphasis on information 
relating to program improvement, parental involvement, instruc-
tion, testing and evaluation, and curriculum under this chapter. 
Such centers shall be accessible through electronic means. 
"(e) FEDERAL DISSEMINATION OF EXEMPLARY PROGRAMS.—To the 
extent possible, the Secretary shall provide information to State and 
local educational agencies regarding opportunities for dissemination 
of exemplary programs under this chapter through the National 
Diffusion Network. The Secretary shall empheisize programs which 
are exemplary in their implementation of the parent involvement 
provisions of section 1016. The Secretary shall coordinate Federal 
exemplary project identification activities with the National Diffu-
sion Network. 
"(f) FEDERAL REVIEW OF STATE AND LOCAL ADMINISTRATION.—The 
Secretary shall provide for a review of State and local administra-
tion of programs under this chapter. In addition to such other areas 
as the Secretary may consider appropriate, the review shall consider 
State policies, guidance materials, monitoring and enforcement 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 193 
activities, and the detection and resolution of problems of local 
noncompliance. 
"SEC. 1437. AUTHORIZATION OF APPROPRIATIONS FOR EVALUATION AND 
20 USC 2837. 
TECHNICAL ASSISTANCE. 
"There are authorized to be appropriated for the purposes of 
sections 1435 and 1436 for other Federal evaluation, technical assist-
ance, and research activities related to this chapter, and authorized 
studies under this chapter, $4,000,000 for the fiscal year 1989, and 
such sums as may be necessary for each of the fiscal years 1990 
through 1993. 
"SEC. 1438. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT. 
20 USC 2838. 
"(a) GENERAL RULE.—Except as otherwise specifically provided by 
^ 
this section, the General Education Provisions Act shall apply to the 
programs authorized by this chapter. 
"(b) SuPERCESSiON RULE.—The following provisions of the General 
Education Provisions Act shall be superseded by the specified provi-
sions of this chapter with respect to the programs authorized by this 
subtitle: 
"(1) Section 408(a)(1) of the General Education Provisions Act 20 USC l22le-3. 
is superseded by section 1431 of this chapter. 
"(2) Section 426(a) of such Act is superseded by section 1437 of 
20 USC I23lc. 
this chapter. 
"(3) Section 427 of such Act is superseded by section 1016 of 
20 USC I23ld. 
this chapter. 
"(4) Section 430 of such Act is superseded by sections 1012, 20 USC 123lg. 
1056,1104(b), 1125,1202(a), and 1224 of this chapter. 
"(5) Section 455 of such Act is superseded by section 1433 of 20 USC 1234d. 
this chapter. 
"(6) Section 458 of such Act is superseded by section 1434 of 
20 USC I234g. 
this chapter with respect to judicial review of withholding of 
payments. 
"(c) EXCLUSION RULE.—Sections 434, 435, and 436 of the General 
Education Provisions Act, except to the extent that such sections 
relate to fiscal control and fund accounting procedures, shall not 
apply to the programs authorized by this chapter and shall not be 
construed to authorize the Secretary to require any reports or take 
any actions not specifically authorized by this chapter. 
"SEC. 1439. NATIONAL COMMISSION ON MIGRANT EDUCATION. 
20 USC 2839. 
"(a) ESTABLISHMENT.—There is established, as an independent 
agency within the executive branch, a National Commission on 
Migrant Education (referred to in this section as the 'Commission'). 
"(b) MEMBERSHIP.— 
"(1) The Commission shall be composed of 12 members. Four 
of the members shall be appointed by the President. Four of the 
members shall be appointed by the Speaker of the House, 
including 2 Members of the House, 1 from each political party. 
Four of the members shall be appointed by the President pro 
tempore of the Senate, including 2 Members of the Senate, 1 
from each political party. 
"(2) The chairman shall be designated by the President from 
among the members appointed by the President. If the Presi-
dent has not appointed 4 members of the Commission and 
designated a chairman within 60 days of the enactment of this 
Act, the members of the Commission appointed by the Speaker 
102 STAT. 194 
PUBLIC LAW 100-297—APR. 28, 1988 
of the House and the President pro tempore of the Senate shall 
elect a chairman who shall continue to serve for the duration of 
the Commission. 
"(3) Any vacancy in the Commission shall be filled in the 
same manner as the original appointment. 
"(c) STUDY,—The Commission shall make a study of the following 
issues: 
"(1) What are the demographics of the children of migratory 
workers today compared with 10 years ago and how are the 
demographics expected to change over the next decade. 
"(2) What are the individual roles of the Federal, State, and 
private sectors in migrant affairs; how has each sector enhanced 
migrant educational opportunities, including entry into all 
types of postsecondary education programs; and should Federal 
programs include incentives for private and State participation. 
"(3) What is the number of unserved or underserved migrant 
students who are eligible for the programs under this chapter 
nationwide and on a State-by-State basis. 
"(4) How can migrant education, migrant health, migrant 
Head Start, Job Training Partnership programs serving mi-
grants, HEP/CAMP, and adult literacy programs be integrated 
and coordinated at both the Federal and State levels. 
"(5) How many migrant students are identified as potential 
drop-outs; how might this issue be addressed at the national 
policy level; and what effect does the migrant mother have on 
her children's performance. 
"(6) How do the migrant programs under this chapter vary 
from State to State; how do their administrative costs vary; how 
do parent involvement and services vary. 
"(7) What role has the Migrant Student Record Transfer 
System performed in assisting the migrant population; to what 
degree is it utilized for enhancing the education program at the 
local level and by the classroom teacher; is it cost effective; and 
how well would such a system adapt to other mobile populations 
like those in the inner cities or those in the Department of 
Defense overseas schools. 
"(8) How many prekindergarten programs are available to 
migratory children; what services are they provided; what is the 
degree of parent involvement with these programs; what is a 
typical profile of a student in such a program. 
"(9) How well are migrant handicapped and gifted and tal-
ented students identified and served; and what improvements 
might be made in this area. 
"(10) How many of the students being served are identified as 
'currently migrant' and how many are 'formerly migrant'; what 
differences are there in their needs; and how do services pro-
vided differ between those of 'currently migrant' and those of 
'formerly migrant'. 
"(11) How does interstate and intrastate coordination occur at 
the State and local levels. 
"(12) Is there a need to establish a National Center for 
Migrant Affairs and what are the options for funding such a 
Center, 
"(d) REPORTS.— 
"(1) The Commission shall prepare and submit reports and 
recommendations to the President and to the appropriate 
committees of the Congress on the studies required to be con-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 195 
ducted under this section. The reports for the studies required 
shall be submitted as soon as practicable. 
"(2) Any recommendations and reports submitted under this 
paragraph which contemplate changes in Federal legislation 
shall include draft legislation to accomplish the recommenda-
tions. 
"(e) SPECIAL STUDY ON THE MIGRANT STUDENT RECORDS TRANSFER 
SYSTEM.—(1) The Commission shall conduct a study of the function 
and the effectiveness of the Migrant Student Records Transfer 
System. 
"(2) The Commission shall prepare and submit to the Secretary of Reports. 
Education and to the Congress, not later than 2 years after the first 
meeting of the Commission, a report on the study required by 
paragraph (1). 
"(f) COMPENSATION.— 
"(1) Members of the Commission who are officers or full-time 
employees of the United States shall serve without compensa-
tion in addition to that received for their services as officers or 
employees of the United States; but they may be allowed travel 
expenses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code, for 
persons in the Government service employed intermittently. 
"(2) Members of the Commission who are not officers or full-
time employees of the United States may each receive $150 per 
diem when engaged in the actual performance of duties vested 
in the Commission. In addition, they may be allowed travel 
expenses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of title 5, United States Code, for 
persons in the Government service employed intermittently. 
"(f) STAFF.—Such personnel as the Commission deems necessary 
may be appointed by the Commission without regard to the provi-
sions of title 5, United States Code, governing appointments in the 
competitive service, and may be paid without regard to the provi-
sions of chapter 51 and subtitle III of chapter 53 of such title 
relating to classification and General Schedule pay rates, but no 
individual so appointed shall be paid in excess of the rate authorized 
for GS-18 of the General Schedule. 
"(g) ADMINISTRATION.— 
"(1) The Commission or, on the authorization of the Commis-
sion, any committee thereof, may, for the purpose of carrying 
out the provisions of this section, hold such hearings and sit and 
act at such times and such places within the United States as 
the Commission or such committee may deem advisable. 
"(2) In carrying out its duties under this section, the Commis-
sion shall consult with other Federal agencies, representatives 
of State and local governments, and private organizations to the 
extent feasible. 
"(3) The Commission is authorized to secure directly from any 
executive department, bureau, agency, board, commission, 
office, independent establishment, or instrumentality, informa-
tion, suggestions, estimates, and statistics for the purpose of this 
section, and each such department, bureau, agency, board, 
commission, office, establishment, or instrumentality is au-
thorized and directed, to the extent permitted by law, to furnish 
such information, suggestions, estimates, and statistics directly 
to the Commission, upon request made by the Chairman. 
102 STAT. 196 
PUBLIC LAW 100-297—APR. 28, 1988 
Contracts. 
Grants. 
Gifts and 
property. 
"(4) For the purpose of securing the necessary data and 
information, the Commission may enter into contracts with 
universities, research institutions, foundations, and other com-
petent public or private agencies. For such purpose, the 
Commission is authorized to obtain the services of experts and 
consultants in accordance with section 3109 of title 5, United 
States Code. 
"(5) The heads of all Federal agencies are, to the extent not 
prohibited by law, directed to cooperate with the Commission in 
carrying out this section. 
"(6) The Commission is authorized to utilize, with their con-
sent, the services, personnel, information, and facilities of other 
Federal, State, local, and private agencies with or without 
reimbursement. 
"(7) The Commission shall have authority to accept in the 
name of the United States, grants, gifts, or bequests of money 
for immediate disbursement in furtherance of the functions of 
the Commission. Such grants, gifts, or bequests, after accept-
ance by the Commission, shall be paid by the donor or the 
donor's representative to the Treasurer of the United States 
whose receipts shall be their acquittance. The Treasurer of the 
United States shall enter them in a special account to the credit 
of the Commission for the purposes in each case specified. 
"(8) Six members of the Commission shall constitute a 
quorum, but a lesser number of 2 or more may conduct 
hearings. 
"(h) TERMINATION.—The Commission shall terminate 3 years after 
the date of its first meeting. 
"(i) AUTHORIZATION OF APPROPRIATIONS.—Effective October 1, 
1988, there is authorized to be appropriated $2,000,000 to carry out 
the provisions of this section, which shall remain available until 
expended or until the termination of the Commission, whichever 
occurs first. 
"Subpart 2—State Administration 
20 use 2851. 
"SEC. 1451. STATE REGULATIONS. 
"(a) IN GENERAL.—(1) Except as provided in paragraph (2), nothing 
in this chapter may be interpreted to preempt, prohibit, or encour-
age State regulations issued pursuant to State law which are not 
inconsistent with the provisions of this chapter, regulations promul-
gated under this chapter, or other applicable Federal statutes and 
regulations. 
"(2) State rules or policies may not limit local school districts' 
decisions regarding the grade levels to be served; the basic skills 
areas (such as reading, mathematics, or language arts) to be ad-
dressed; instructional settings, materials or teaching techniques to 
be used; instructional staff to be employed (as long sa such staff 
meet State certification and licensing requirements for education 
personnel); or other essential support services (such as counseling 
and other pupil personnel services) to be provided as part of the 
programs authorized under this chapter. 
"(3) Nothing in this subsection may be construed to inhibit the 
State educational agency's responsibility to work jointly with local 
educational agencies and other State agencies receiving funds under 
this chapter in program improvement activities pursuant to section 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 197 
1021 where the State may suggest various activities and approaches 
as it works with such agencies to develop program improvement 
plans. 
"(b) REVIEW BY COMMITTEE OF PRACTITIONERS.—Before publication 
of any proposed or final State rule or regulation pursuant to this 
chapter, each such rule shall be reviewed by a State committee of 
practitioners which shall include administrators, teachers, parents, 
and members of local boards of education, and on which a majority 
of the members shall be local educational agency representatives. In 
an emergency situation where such regulation must be issued 
within a very limited time to assist local educational agencies with 
the operation of the program, the State educational agency may 
issue a regulation without such prior consultation, but shall imme-
diately thereafter convene a State committee of practitioners to 
review the emergency regulation prior to issuance in final form. 
"(c) IDENTIFICATION AS STATE REQUIREMENT.—The imposition of 
any State rule or policy relating to the administration and operation 
of programs funded by this chapter (including those based on State 
interpretation of any Federal law, regulation, or guideline) shall be 
identified as a State imposed requirement. 
"SEC. 1452. RECORDS AND INFORMATION. 
20 USC 2852. 
"Each State educational agency shall keep such records and 
provide such information to the Secretary as may be required for 
fiscal audit and program evaluation (consistent with the responsibil-
ities of the Secretary under this chapter). 
"SEC. 1453. ASSIGNMENT OF PERSONNEL. 
20 USC 2853. 
"(a) LIMITATIONS.—Public school personnel paid entirely by funds 
made available under this chapter may be assigned limited super-
visory duties which are assigned to similarly situated personnel who 
are not paid with such funds, and such duties need not be limited to 
classroom instruction or to the benefit of children participating in 
programs or projects funded under this chapter. The time spent by 
public school personnel on duties described in the preceding sen-
tence may not exceed either— 
"(1) the same proportion of total work time as prevails with 
respect to similarly situated personnel at the same school site, 
or 
"(2) one period per day, 
whichever is less. 
"(b) USE IN STATE PROGRAMS.—If a State carries out a program as 
defined under section 1018(d), the State may use funds under this 
chapter to pay salaries of personnel assigned to both the State 
program and the program under this chapter for administration, 
training, and technical assistance, if the State educational agency 
maintains time distribution records reflecting the actual amount of 
time spent by each such employee signed by that employee's super-
visor, and costs are charged on a prorated basis to both programs. 
"SEC. 1454. PROHIBITION REGARDING STATE AID. 
20 USC 2854. 
"No State shall take into consideration payments under this 
chapter in determining the eligibility of any local educational 
agency in that State for State aid, or the amount of State aid, with 
respect to free public education of children. 
102 STAT. 198 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 2861. 
Grants. 
Contracts. 
Reports. 
20 u s e 2862. 
20 u s e 2863. 
Rural areas. 
"Subpart 3—Rural Educational Opportunities 
"SEC. 1456. PROGRAM AUTHORIZED. 
"(a) GENERAL AUTHORITY.—The Secretary shall make grants to, or 
enter into contracts with, institutions of higher education, private 
nonprofit agencies and organizations, regional educational labora-
tories, technical sissistance centers established pursuant to section 
1436(d), public agencies. State education agencies, or combinations 
of such agencies or institutions within particular regions of the 
United States, to pay all or part of the cost of operating at least 10 
rural assistance programs. The Secretary may not make a grant to, 
or enter into a contract with, any agency, institution, organization, 
or combination thereof under the preceding sentence unless such 
agency, institution, organization, or combination thereof has exten-
sive experience providing educational assistance to State and local 
educational agencies. 
"(b) FUNCTIONS OF REGIONAL RURAL ASSISTANCE PROGRAMS.— 
Each regional rural assistance program established under subsec-
tion (a) shall provide technical assistance, consultation, training, 
and such other assistance as will assist State educational agencies 
and local educational agencies in the region to improve the quality 
of the education provided to educationally disadvantaged children 
particip'^ting in programs under this chapter who reside in rural 
areas or attend small schools. Each such program shall give special 
consideration to, and report on, problems related to districts with 
declining enrollments and ways in which districts can combine 
management to provide effective programs. 
"SEC. 1457. APPLICATION PRIORITY REQUIREMENTS. 
"(a) In carrying out this subpart, the Secretary shall give priority 
to applicants which describe eissistance to school districts in local 
educational agencies in rural areas— 
"(1) with the highest concentrations of children from low-
income families; 
"(2) that have a significant number or percentage of schools 
serving children from low-income families; and 
"(3) in which there are a significant number of schools in 
which evaluations indicate lack of substantial progress toward 
meeting desired outcomes, no improvement, or a decline in 
aggregate performance by the children participating in pro-
grams under this chapter. 
"(b) Applicants shall consult with State educational agencies and 
local educational agencies in the application process. 
"SEC. 1458. COORDINATION, DISSEMINATION, AND REPORT. 
"(a) COORDINATION.—Each program established under this subpart 
shall— 
"(1) coordinate its activities with technical assistance centers 
established under section 1436(d), 
"(2) coordinate its activities with the activities of local edu-
cational agencies and State educational agencies under section 
1021, and 
"(3) assist in identifying successful programs and practices for 
dissemination through existing dissemination networks and 
efforts. 
"(b) DISSEMINATION AND REPORT.—(1) Each rural assistance pro-
gram shall be accessible through electronic means. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 199 
20 use 2864. 
"(2) Regional rural Eissistance programs shall submit a report to 
the Secretary every 2 years containing such reasonable information 
about its activities as the Secretary may request, but including at a 
minimum information on efforts to provide effective services under 
this chapter in rural school districts facing declining enrollments, 
with particular attention to issues inherent in consolidating, jointly 
administering, or otherwise combining the resources of 2 or more 
districts. 
"SEC. 1459. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated $10,000,000 for fiscal 
year 1989 and such sums as may be necessary for each of the fiscal 
years 1990,1991,1992, and 1993. 
"Subpart 4—Studies 
"SEC. 1461. REPORT ON STATE AND LOCAL EVALUATIONS. 
20 USC 2881. 
"The Secretary shall submit a comprehensive and detailed report 
concerning State and local evaluation results based on data collected 
under sections 1019, 1107(a), 1202(a)(6), and 1242(d) to the appro-
priate committees of the Congress on a biennial basis. 
"SEC. 1462. NATIONAL STUDY ON EFFECT OF PROGRAMS ON CHILDREN. 20 USC 2882. 
"(a) NATIONAL LONGITUDINAL STUDY.—The Secretary shall con- Contracts, 
tract with a qualified organization or agency to conduct a national 
longitudinal study of eligible children participating in programs 
under this chapter. The study shall assess the impact of participa-
tion by such children in chapter 1 programs until they are 18 years 
of age. The study shall compare educational achievement of those 
children with significant participation in chapter 1 programs and 
comparable children who did not receive chapter 1 services. Such 
study shall consider the correlations between participation in pro-
grams under this chapter and academic achievement, delinquency 
rates, truancy, school dropout rates, employment and earnings, and 
enrollment in postsecondary education. The study shall be con-
ducted throughout the country in urban, rural, and suburban areas 
and shall be of sufficient size and scope to assess and evaluate the 
effect of the program in all regions of the Nation. 
"(b) FOLLOW-UP.—The agency or organization with which the 
Secretary has entered a contract under subsection (a) shall conduct 
a follow-up of the initial survey which shall include a periodic 
update on the participation and achievement of a representative 
group of children who participated in the initial study. Such follow-
up shall evaluate the effects of participation until such children are 
25 years of age. 
"(c) REPORT.—A final report summarizing the findings of the 
study shall be submitted to the appropriate committees of the 
Congress not later than January 1, 1997; an interim report shall be 
so submitted not later than January 1,1993. 
"SEC. 1463. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 2883. 
"There are authorized to be appropriated $4,000,000 for the fiscal 
year 1989, $4,200,000 for the fiscal year 1990, $4,400,000 for the fiscal 
year 1991, $4,700,000 for the fiscal year 1992, and $5,000,000 for the 
fiscal year 1993 for carrying out sections 1461 and 1462, 
Rural areas. 
Urban areas. 
Suburban areas. 
102 STAT. 200 
PUBLIC LAW 100-297—APR. 28, 1988 
"Subpart 5—Deflnitions 
20 use 2891. 
"SEC. 1471. DEFINITIONS. 
"Except as otherwise provided, for purposes of this Act: 
"(1) The term 'average daily attendance' means attendance 
determined in accordance with State law, except that notwith-
standing any other provision of this chapter, where the local 
educational agency of the school district in which any child 
resides makes or contracts to make a tuition payment for the 
free public education of such child in a school situated in 
another school district, for purposes of this chapter the attend-
ance of such child at such school shall be held and considered 
(A) to be in attendance at a school of the local educational 
agency so making or contracting to make such tuition payment, 
and (B) not to be in attendance at a school of the local edu-
cational agency receiving such tuition payment or entitled to 
receive such payment under the contract. 
"(2) The term 'average per pupil expenditure' means in the 
case of a State or the United States, the aggregate current 
expenditures, during the third fiscal year preceding the fiscal 
year for which the computation is made (or if satisfactory data 
for that year are not available at the time of computation, then 
during the most recent preceding fiscal year for which satisfac-
tory data are available), of all local educational agencies in the 
State, or in the United States (which for the purposes of this 
subsection means the 50 States, and the District of Columbia), 
as the case may be, plus any direct current expenditures by the 
State for operation of such agencies (without regard to the 
source of funds from which either of such expenditures are 
made), divided by the aggregate number of children in average 
daily attendance to whom such agencies provided free public 
education during such preceding year. 
"(3) The term 'community-based organization' means a pri-
vate nonprofit organization which is representative of a commu-
nity or significant segments of a community and which provides 
educational or related services to individuals in the community. 
"(4) The term 'construction' includes the preparation of draw-
ings and specifications for school facilities; erecting, building, 
acquiring, altering, remodeling, improving, or extending school 
facilities; and the inspection and supervision of the construction 
of school facilities. 
"(5) The term 'county' means those divisions of a State uti-
lized by the Secretary of Commerce in compiling and reporting 
data regarding counties. 
"(6) 'The term 'current expenditures' means expenditures for 
free public education, including expenditures for administra-
tion, instruction, attendance, and health services, pupil 
transportation services, operation and maintenance of plant, 
fixed charges, and net expenditures to cover deficits for food 
services and student body activities, but not including expendi-
tures for community services, capital outlay, and debt service, 
or any expenditures made from funds granted under this chap-
ter, chapter 2 of this title, or chapter 1 or 2 of the Education 
Consolidation and Improvement Act of 1981. 
"(7) The term 'effective schools programs' means school-based 
programs that may encompass preschool through secondary 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 201 
school levels and that have the objective of (A) promoting 
school-level planning, instructional improvement, and staff 
development, (B) incre£ising the academic achievement levels of 
all children and, particularly, educationally deprived children, 
and (C) achieving as ongoing conditions in the school the fol-
lowing factors identified through effective school research as 
distinguishing effective from ineffective schools— 
"(i) strong and effective administrative and instructional 
leadership that creates consensus on instructional goals 
and organizational capacity for instructional 
problem 
solving; 
"(ii) emphasis on the acquisition of basic and higher order 
skills; 
"(iii) a safe and orderly school environment that allows 
teachers and pupils to focus their energies on academic 
achievement; 
"(iv) a climate of expectations that all children can learn 
under appropriate conditions; and 
"(v) continuous assessment of students and programs to 
evaluate the effects of instruction. 
"(8) The term 'elementary school' means a day or residential 
school which provides elementary education, as determined 
under State law. 
"(9) The term 'equipment' includes machinery, utilities, and 
building 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, 
documents, and other related materials. 
"(10) The term 'institution of higher education' has the mean-
ing given that term in section 1201(a) of the Higher Education 
Act of 1965. 
"(11) The term 'free public education' means education which 
is provided at public expense, under public supervision and 
direction, and without tuition charge, and which is provided as 
elementary or secondary school education in the applicable 
State, except that such term does not include any education 
provided beyond grade 12. 
"(12) The term 'local educational agency' means a public 
board of education or other public authority legally constituted 
within a State for either administrative control or direction of, 
or to perform a service function for, public elementary or 
secondary schools in a city, county, township, school district, or 
other political subdivision of a State, or such combination of 
school districts or counties as are recognized in a State as an 
administrative agency for its public elementary or secondary 
schools. Such term includes any other public institution or 
agency having administrative control and direction of a public 
elementary or secondary school. 
"(13) The term 'more advanced skills' means skills including 
reasoning, 
analysis, 
interpretation, 
problem-solving, 
and 
decisionmaking as they relate to the particular subjects in 
which instruction is provided under programs supported by this 
chapter. 
102 STAT. 202 
PUBLIC LAW 100-297—APR. 28, 1988 
"(14) The term 'parent' includes a legal guardian or other 
person standing in loco parentis. 
"(15) The term 'parent advisory council' means a body com-
posed primarily of members who are parents of children served 
by the programs or projects assisted under this chapter and who 
are elected by such parents, in order to advise the State or local 
educational agency in the planning, implementation, and 
evaluation of programs under this chapter, 
"(16) The term 'project area' means a school attendance area 
having a high concentration of children from low-income fami-
lies which, without regard to the locality of the project itself, is 
designated as an area from which children are to be selected to 
participate in a program or project assisted under this chapter. 
"(17) The terms 'pupil services personnel' and 'pupil services' 
mean school counselors, school social workers, school psycholo-
gists, and other qualified professional personnel involved in 
providing assessment, diagnosis, counseling, educational, thera-
peutic, and other necessary services as part of a comprehensive 
program to meet student needs, and the services provided by 
such individuals. 
"(18) The term 'school attendance area' means in relation to a 
particular school, the geographical area in which the children 
who are normally served by that school reside. 
"(19) The term 'school facilities' means classrooms and related 
facilities (including initial equipment) for free public education 
and interests in land (including site, grading, and improve-
ments) on which such facilities are constructed, except that 
such term does not include those gymnasiums and similar 
facilities intended primarily for exhibitions for which admission 
is to be charged to the general public. 
"(20) The term 'Secretary' means the United States Secretary 
of Education. 
"(21) The term 'secondary school' means a day or residential 
school which provides secondary education, as determined 
under State law, except that it does not include any education 
provided beyond grade 12. 
"(22) The term 'State' means a State, the Commonwealth of 
Puerto Rico, Guam, the District of Columbia, American Samoa, 
the Virgin Islands, the Northern Mariana Islands, or the Trust 
Territory of the Pacific Islands. 
"(23) 'The term 'State educational agency' means the officer or 
agency primarily responsible for the State supervision of public 
elementary and secondary schools. 
"Subpart 6—Miscellaneous Provisions 
20 use 2901. 
"SEC. 1491. TRANSITION PROVISIONS. 
Grants. 
"(a) REGULATIONS.—All Orders, determinations, rules, regulations. 
Contracts. 
permits, grants, and contracts, which have been issued by the 
Secretary under chapter 1 of the Education Consolidation and 
Improvement Act of 1981 and title I of this Act (as in effect on the 
date before the effective date of the Augustus F. Hawkins-Robert T. 
Stafford Elementary and Secondary School Improvement Amend-
ments of 1988), or which are issued under such Acts on or before the 
effective date of the Augustus F. Hawkins-Robert T. Stafford Ele-
mentary and Secondary School Improvement Amendments of 1988 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 203 
shall continue in effect until modified or revoked by the Secretary, 
by a court of competent jurisdiction, or by operation of law. 
"(b) EFFECT ON PENDING PROCEEDINGS.—The provisions of this 
chapter shall not affect administrative or judicial proceedings pend-
ing on the effective date of this section under chapter 1 of the 
Education Consolidation and Improvement Act of 1981 or this title. 
"(c) TRANSITION.—With respect to the period beginning on July 1, 
1988, and ending June 30, 1989, no recipient of funds under this 
chapter, or chapter 2 of this title, or under chapter 1 or 2 of the 
Education Consolidation and Improvement Act of 1981 shall be held 
to have expended such funds in violation of the requirements of this 
Act or of such Act if such funds are expended either in accordance 
with this Act or such Act. 
"CHAPTER 2—FEDERAL, STATE, AND LOCAL PARTNERSHIP 
FOR EDUCATIONAL IMPROVEMENT 
"SEC. 1501. FINDINGS AND STATEMENT OF PURPOSE. 
20 USC 2911. 
"(a) FINDINGS.—The Congress finds that— 
"(1) chapter 2 of the Education Consolidation and Improve-
ment Act of 1981 has been successful in achieving the goals of 
increasing local flexibility, reducing administrative burden, 
providing services for private school students, encouraging 
innovation, and contributing to the improvement of elementary 
and secondary educational programs; 
"(2) State and local governments have placed a new focus on 
education; 
"(3) school effectiveness can be increased through effective 
schools programs to improve student achievement, student 
behavior, teaching, learning, and school management; and 
"(4) teachers make a significant and positive contribution to 
the education of our Nation's students, and local educational 
agencies are encouraged to recognize this contribution. 
"(b) STATEMENT OF PURPOSE.—It is the purpose of programs under 
this chapter— 
"(1) to provide the initial funding to enable State and local 
educational agencies to implement promising educational pro-
grams that can be supported by State and local sources of 
funding after such programs are demonstrated to be effective; 
"(2) to provide a continuing source of innovation, educa-
tional improvement, and support for library and instructional 
materials; 
"(3) to meet the special educational needs of at risk and high 
cost students, as described in section 1531(b); 
"(4) to enhance the quality of teaching and learning through 
initiating and expanding effective schools programs; and 
"(5) to allow State and local educational agencies to meet 
their educational needs and priorities for targeted assistance 
described in section 1531. 
"(c) STATE AND LOCAL RESPONSIBILITY.—The basic responsibility 
for the administration of funds made available under this chapter is 
in the State educational agencies, but it is the intent of Congress 
that this responsibility be carried out with a minimum of paperwork 
and that the responsibility for the design and implementation of 
programs assisted under this chapter will be mainly that of local 
educational agencies, school superintendents and principals, and 
102 STAT. 204 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 2912. 
20 use 2921. 
Territories, U.S. 
20 
u s e 2922. 
Disadvantaged 
persons. 
classroom teachers and supporting personnel, because they have the 
most direct contact with students and are most directly responsible 
to parents and because they are the most likely to be able to design 
programs to meet the educational needs of students in their own 
districts. 
"SEC. 1502. AUTHORIZATION 
OF 
APPROPRIATIONS; 
DURATION 
OF 
ASSISTANCE. 
"(a) AUTHORIZATION.—There are authorized to be appropriated 
$580,000,000 for the fiscal year 1989, $610,000,000 for the fiscal year 
1990, $640,000,000 for the fiscal year 1991, $672,000,000 for the fiscal 
year 1992, and $706,000,000 for the fiscal year 1993, to carry out the 
provisions of this chapter. 
"(b) DURATION OF ASSISTANCE.—During the period beginning Octo-
ber 1, 1988, and ending September 30, 1993, the Secretary shall, in 
accordance with the provisions of this chapter, make payments to 
State educational agencies for the purpose of this chapter. 
"PART A—STATE AND LOCAL PROGRAMS 
"Subpart 1—General Provisions 
"SEC. 15II. ALLOTMENT TO STATES. 
"(a) RESERVATIONS.—(1) From the sums appropriated to carry out 
this chapter in any fiscal year, the Secretary shall reserve not to 
exceed 1 percent for payments to Guam, American Samoa, the 
Virgin Islands, the Trust Territory of the Pacific Islands, and the 
Northern Mariana Islands, to be allotted in accordance with their 
respective needs. 
"(2) The Secretary shall reserve an additional amount, not to 
exceed 6 percent of the sums appropriated in each fiscal year, to 
carry out the provisions of part B. 
"(b) ALLOTMENT.—From the remainder of such sums the Secretary 
shall allot to each State an amount which bears the same ratio to 
the amount of such remainder as the school-age population of the 
State bears to the school-age population of all States, except that no 
State shall receive less than an amount equal to one-half of 1 
percent of such remainder. 
"(c) DEFINITIONS.—For purposes of this section— 
"(1) The term 'school-age population' means the population 
aged 5 through 17. 
"(2) The term 'States' includes the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico. 
"SEC. I5I2. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES. 
"(a) DISTRIBUTION RULE.—From the sum made available each year 
under section 1511, the State educational agency shall distribute not 
less than 80 percent to local educational agencies within such State 
according to the relative enrollments in public and private, non-
profit schools within the school districts of such agencies, adjusted, 
in accordance with criteria approved by the Secretary, to provide 
higher per pupil allocations to local educational agencies which 
have the greatest numbers or percentages of children whose edu-
cation imposes a higher than average cost per child, such £is— 
"(1) children living in areas with high concentrations of low-
income families, 
"(2) children from low-income families, and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 205 
"(3) children living in sparsely populated areas, 
"(b) CALCULATION OF ENROLLMENTS.—(1) The calculation of rel-
ative enrollments under subsection (a) shall be on the basis of the 
total of— 
"(A) the number of children enrolled in public schools, and 
"(B) the number of children enrolled in private nonprofit 
schools that desire that their children participate in programs 
or projects assisted under this chapter, 
for the fiscal year preceding the fiscal year in which the determina-
tion is made. Nothing in this subsection shall diminish the respon-
sibility of local educational agencies to contact, on an annual basis, 
appropriate officials from private nonprofit schools within the areas 
served by such agencies in order to determine whether such schools 
desire that their children participate in programs assisted under 
this chapter. 
"(2)(A) Relative enrollments under subsection (a) shall be ad- Disadvantaged 
justed, in accordance with criteria approved by the Secretary under persons, 
subparagraph (B), to provide higher per pupil allocations only to 
local educational agencies which serve the greatest numbers or 
percentages o
f
— 
"(i) children living in areas with high concentrations of low-
income families, 
"(ii) children from low-income families, or 
"(iii) children living in sparsely populated areas. 
"(B) The Secretary shall review criteria submitted by a State 
educational agency for adjusting allocations under paragraph (1) 
and shall approve such criteria only if the Secretary determines that 
such criteria are reasonably calculated to produce an adjusted 
allocation that reflects the relative needs within the State's local 
educational agencies based on the factors set forth in subpara-
graph (A). 
"(c) PAYMENT OF ALLOCATIONS.— 
"(1) From the funds paid to it pursuant to section 1511 for a 
fiscal year, a State educational agency shall distribute to each 
eligible local educational agency which has submitted an ap-
plication as required in section 1533 the amount of its allocation 
as determined under subsection (a). 
"(2)(A) Additional funds resulting from higher per pupil 
allocations provided to a local educational agency on the basis of 
adjusted enrollments of children described in subsection (a), 
may, at the discretion of the local educational agency, be allo-
cated for expenditures to provide services for children enrolled 
in public and private nonprofit schools in direct proportion to 
the number of children described in subsection (a) and enrolled 
in such schools within the local educational agency. 
"(B) In any fiscal year, any local educational agency that 
elects to allocate such additional funds in the manner described 
in subparagraph (A) shall allocate all additional funds to schools 
within the local educational agency in such manner. 
"(C) The provisions of subparagraphs (A) and (B) may not be 
construed to require any school to limit the use of such addi-
tional funds to the provision of services to specific students or 
categories of students. 
102 STAT. 206 
PUBLIC LAW 100-297—APR. 28, 1988 
"Subpart 2—State Programs 
20 u s e 2931. 
"SEC. 1521. STATE USES OF FUNDS. 
"(a) AUTHORIZED ACTIVITIES.—A State educational agency may use 
funds reserved for State use under this chapter only for— 
"(1) State administration of programs under this chapter 
including— 
"(A) supervision of the allocation of funds to local edu-
cational agencies; 
"(B) planning, supervision, and processing of State funds; 
"(C) monitoring and evaluation of programs and activities 
under this part; and 
"(D) operations of the State advisory committee; 
"(2) technical assistance and direct grants to local educational 
agencies and statewide activities which assist local educational 
agencies to provide targeted assistance as provided in section 
1531; and 
"(3) assistance to local educational agencies and statewide 
activities to carry out effective schools programs under sub-
part 4. 
"(b) LIMITATIONS AND REQUIREMENTS.— 
"(1) Not more than 25 percent of funds available for State 
programs under this part in any fiscal year may be used for 
State administration under subsection (a)(1). 
"(2)(A) At least 20 percent of funds available for State pro-
grams under this part in any fiscal year shall be used for 
effective schools programs under subsection (a)(3). 
"(B) If a State is spending from non-Federal sources an 
amount equal to twice as much as the State is required to use 
for the purposes of subsection (a)(3), the Secretary may waive 
the requirement of subparagraph (A). In deciding whether or 
not to grant such a waiver, the Secretary shall use the defini-
tion of effective schools contained in section 1471(18). 
20 use 2932. 
"SEC. 1522. STATE APPLICATIONS. 
Grants. 
"(a) AppucATiON REQUIREMENTS.—Any State which desires to 
receive grants under this chapter shall submit to the Secretary an 
application which— 
"(1) designates the State educational agency as the State 
agency responsible for the administration and supervision of 
programs assisted under this chapter; 
"(2) provides for a process of active and continuing consulta-
tion with the State educational agency of an advisory commit-
tee, appointed by the Governor and determined by the Governor 
to be broadly representative of the educational interests and the 
general public in the State, including individuals representative 
of— 
"(A) public and private elementary and secondary school-
children; 
"(B) clsissroom teachers; 
"(C) parents of elementary and secondary schoolchildren; 
"(D) local boards of education; 
"(E) local and regional school administrators (including 
principals, superintendents, and administrators of inter-
mediate educational units); 
"(F) institutions of higher education; 
"(G) the State legislature; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 207 
"(H) elementary and secondary school librarians; and 
"(I) school counselors and other pupil services personnel, 
to advise the State educational agency on the allocation Eimong 
targeted programs in accordance with section 1531 (not to 
exceed 20 percent of the amount of the State's allotment) 
reserved for State use under section 1512(a), on the formula for 
the allocation of funds to local educational agencies, and on the 
planning, development, support, implementation, and evalua-
tion of State programs eissisted under this chapter; 
"(3)(A) sets forth planned allocation of funds reserved for 
State use under section 1512(a) among the targeted assistance 
programs described in section 1531 and describes programs, 
projects, and activities which are designed to carry out such 
targeted assistance, together with the reasons for the selection 
of such programs, projects, and activities; and 
"(B) sets forth the allocation of such funds required to imple-
ment section 1572; 
"(4) describes how funds reserved under section 1521(b)(2) will 
be used to carry out subpart 4; 
"(5) provides for timely public notice and public dissemination 
of the information provided pursuant to paragraphs (2) and (3); 
"(6)(A) provides for an annual submission of data on the use of 
funds, the types of services furnished, and the students served 
under this chapter; 
"(B) in fiscal year 1992, provides for an evaluation of the 
effectiveness of programs assisted under this chapter, which 
shall include comments of the advisory committee, and shall be 
made available to the public; 
"(7) provides that the State educational agency will keep such 
records and provide such information to the Secretary as may 
be required for fiscal audit and program evaluation (consistent 
with the responsibilities of the Secretary under this chapter); 
"(8) provides assurance that, apart from technical and ad-
visory assistance and monitoring compliance with this chapter, 
the State educational agency h£is not exercised and will not 
exercise any influence in the decisionmaking processes of local 
educational agencies as to the expenditures made pursuant to 
an application under section 1531; 
"(9) provides the following information: (A) how the State will 
adjust its formula to comply with section 1512(bX2), (B) how 
children under section 1512(b)(2XA) are defined, (C) the basis on 
which a determination of the local educational agencies under 
section 1512(b)(2)(A) is made, and (D) the percentage of the State 
grant which is proposed to be allotted on an adjusted basis 
under section 1512; and 
"(10) contains assurances that there is compliance with the 
specific requirements of this chapter. 
"(b) PERIOD OF APPUCATION.—An application filed by the State 
under subsection (a) shall be for a period not to exceed 3 years, and 
may be amended annually as may be necessary to reflect changes 
without filing a new application. 
"(c) AUDIT RULE.—Notwithstanding section 1745 of the Omnibus 
Budget Reconciliation Act of 1981, local educational agencies receiv-
ing less than an average $5,000 each year under this chapter need 
not be audited more frequently than once every 5 years. 
102 STAT. 208 
PUBLIC LAW 100-297—APR. 28, 1988 
"Subpart 3—Local Targeted Assistance Programs 
20 use 2941. 
"SEC. 1531. TARGETED USE OF FUNDS. 
"(a) GENERAL RULE.—Funds allocated for use under this chapter 
shall be used by State and local educational agencies for targeted 
assistance described in subsection (b). 
"(b) TARGETED ASSISTANCE.—The targeted assistance programs 
referred to in subsection (a) are— 
"(1) programs to meet the educational needs of students at 
risk of failure in school and of dropping out and students for 
whom providing an education entails higher than average costs; 
"(2) programs for the acquisition and use of instructional and 
educational materials, including library books, reference mate-
rials, computer software and hardware for instructional use, 
and other curricular materials that would be used to improve 
the quality of instruction; 
"(3) innovative programs designed to carry out schoolwide 
improvements, including the effective schools program; 
"(4) programs of training and professional development to 
enhance the knowledge and skills of educational personnel, 
including teachers, librarians, school counselors and other 
pupil services personnel, and administrators and school board 
members; 
"(5) programs designed to enhance personal excellence of 
students and student achievement, including instruction in 
ethics, performing and creative arts, humanities, activities in 
physical fitness and comprehensive health education, and 
participation in community service projects; and 
"(6) other innovative projects which would enhance the edu-
cational program and climate of the school, including programs 
for gifted and talented students, technology education pro-
grams, early childhood education programs, community edu-
cation and programs for youth suicide prevention. 
20 use 2942. 
"SEC. 1532. AUTHORIZED ACTIVITIES. 
"(a) IN GENERAL.—Activities authorized under this subpart may 
include the planning, development, or operation and expansion of 
programs, projects, and activities which are designed to carry out 
the targeted assistance described in section 1531. Such activities 
may include— 
"(1) training of educational personnel in any of the targeted 
assistance programs described; 
"(2) guidance and counseling services; and 
"(3) any other education or related activities which the State 
or local educational agency determines will contribute to 
improving the programs described in section 1531. 
Grants. 
"(b) ADMINISTRATIVE AUTHORITY.—In order to conduct the activi-
Contracts. 
^jgg authorized by this part, each State or local educational agency 
may use funds reserved for this part to make grants to and to enter 
into contracts with local educational agencies, institutions of higher 
education, libraries, museums, and other public and private non-
profit agencies, organizations, and institutions. 
20 use 2943. 
"SEC. 1533. LOCAL APPLICATIONS. 
"(a) CONTENTS OF APPLICATION.—A local educational agency or 
consortia of local educational agencies may receive an allocation of 
funds under this chapter for any year for which an application is 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 209 
submitted to the State educational agency and such application 
is certified to meet the requirements of this section. The State 
educational agency shall certify any such application if such 
application— 
"(1)(A) sets forth the planned allocation of funds among tar-
geted assistance programs described in section 1531 of this 
chapter and describes the programs, projects, and activities 
designed to carry out such targeted assistance which it intends 
to support, together with the reasons for the selection of such 
programs, projects, and activities; and 
"(B) sets forth the allocation of such funds required to 
implement section 1572; 
"(2) describes how assistance under this chapter will contrib-
ute to the goals of the program of improving student achieve-
ment or improving the quality of education for students; 
"(3) provides assurances of compliance with provisions of this 
chapter including the participation of children enrolled in pri-
vate, nonprofit schools in accordance with section 1572; 
"(4) agrees to keep such records, and provide such information 
" to the State educational agency as reasonably may be required 
for fiscal audit and program evaluation, consistent with the 
responsibilities of the State agency under this chapter; and 
"(5) provides, in the allocation of funds for the assistance 
authorized by this chapter, and in the design, planning, and 
implementation of such programs, for systematic consultation 
with parents of children attending elementary and secondary 
schools in the area served by the local agency, with teachers 
and administrative personnel in such schools, and with other 
groups involved in the implementation of this chapter (such as 
librarians, school counselors, and other pupil services person-
nel) as may be considered appropriate by the local educational 
agency. 
"(b) PERIOD OF APPLICATION.—An application filed by a local 
educational agency under subsection (a) shall be for a period not to 
exceed 3 fiscal years, may provide for the allocation of funds among 
programs and purposes authorized by this chapter for a period of 3 
years, and may be amended annually as may be necessary to reflect 
changes without filing a new application. 
"(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—Subject to 
the 
limitations and requirements of this chapter, a local educational 
agency shall have complete discretion in determining how funds 
under this subpart shall be divided among the areas of targeted 
assistance of this subpart. In exercising such discretion, a local 
educational agency shall ensure that expenditures under this sub-
part carry out the purposes of this chapter and are intended to meet 
the educational needs within the schools of that local educational 
agency. 
"Subpart 4—Effective Schools Programs 
"SEC. 1541. ESTABLISHMENT. 
20 USC 2951. 
"Funds shall be available under this chapter in accordance with 
sections 1521 and 1531 to— 
"(1) 
plan, 
implement, 
support, 
evaluate, 
revise, and 
strengthen effective schools programs; 
102 STAT. 210 
PUBLIC LAW 100-297—APR. 28, 1988 
"(2) plan and conduct training and other professional develop-
ment activities for teachers, administrators and other education 
personnel on the implementation of effective schools programs; 
"(3) provide technical assistance and promote State and local 
educational agency awareness of effective schools research, 
model programs, and implementation; 
"(4) develop and implement systems to evaluate and analyze 
effective schools programs; 
"(5) improve parent and community involvement and partici-
pation as part of an ongoing effective schools program; 
"(6) support model and demonstration programs related to 
effective schools programs; and 
"{!) develop and disseminate educational materials related to 
effective schools programs. 
20 use 2952. 
"SEC. 1542. EFFECTIVE SCHOOLS. 
"For the purposes of this chapter the term 'effective schools 
programs' means school-based programs that may encompass pre-
school through secondary school levels and that have the objectives 
of (1) promoting school-level planning, instructional improvement, 
and staff development, (2) increasing the academic achievement 
levels of all children and particularly educationally deprived chil-
dren, and (3) achieving as ongoing conditions in the school the 
following factors identified through effective schools research as 
distinguishing effective from ineffective schools: 
"(A) strong and effective administrative and instructional 
leadership that creates consensus on instructional goals and 
organizational capacity for instructional problem solving; 
"(B) emphasis on the acquisition of basic and higher order 
skills; 
"(C) a safe and orderly school environment that allows teach-
ers and pupils to focus their energies on academic achievement; 
"(D) a climate of expectation that virtually all children can 
learn under appropriate conditions; and 
"(E) continuous assessment of students and programs to 
evaluate the effects of instruction. 
"PART B—NATIONAL PROGRAMS AND ACTIVITIES 
20 use 2961. 
"SEC. 1561. GENERAL AUTHORITY. 
"(a) AUTHORIZATION.—From funds reserved under section 
1511(aX2), the Secretary is authorized to carry out the programs and 
activities under this part. 
"(b) PRIORITY FUNDING.—Subject to the availability of funds for 
any fiscal year for this part, the Secretary shall make available— 
"(1) not less than $11,200,000 for National Diffusion Network 
activities under section 1562; 
"(2) not less than $8,200,000 for the Inexpensive Book Dis-
tribution program under section 1563; 
"(3) not less than $3,500,000 for the Arts in Education pro-
gram under section 1564; 
"(4) not less than $3,200,000 for the law-related education 
program under section 1565; and 
"(5) not more than $1,500,000 for the Blue Ribbon Schools 
program under section 1566. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 211 
"SEC. 1562. NATIONAL DIFFUSION NETWORK ACTIVITIES. 
20 USC 2962. 
"(a) PURPOSES.—The National Diffusion Network shall be a 
national program that recognizes and furthers excellence in 
education by— 
"(1) promoting the awareness and implementation of exem-
plary educational programs, products, and practices to in-
terested elementary, secondary, and postsecondary institutions 
throughout the Nation; and 
"(2) promoting the utilization of the knowledge, talents, and 
services of local staff associated with various educational excel-
lence recognition efforts. 
The National Diffusion Network shall be designed to improve the 
quality of education through the implementation of promising and 
validated innovations and improvements in educational programs, 
products, and practices, and through the provision of training, 
consultation, and related assistance services. 
"(b) RESPONSIBILITIES OF SECRETARY.—In carrying out the activi-
ties under this section, which shall be limited to activities directly 
related to the National Diffusion Network, the Secretary shall— 
"(1) acquaint persons responsible for the operation of ele-
mentary, secondary, and postsecondary schools with informa-
tion about exemplary educational programs, products, practices, 
and services; 
"(2) assist such persons in implementing programs, products, 
and practices which such persons determine may improve the 
quality of education in the schools for which they are respon-
sible, by providing materials, initial training, and ongoing im-
plementation assistance; 
"(3) ensure that all such activities, programs, products, and 
practices are subjected to rigorous evaluation with respect to 
their effectiveness and their capacity for implementation; 
"(4) provide program development assistance toward the rec-
ognition, dissemination, and implementation of promising prac-
tices that hold the potential for answering critical needs and 
that have achieved credibility because of their effective use in 
schools; and 
"(5) ensure that a substantial percentage of the innovations 
disseminated represent significant changes in practice for 
schools and teachers. 
In carrying out paragraph (3) of this section, the Secretary shall 
conduct a single external review by a program effectiveness panel 
that focuses exclusively on whether the program is efficacious and 
transferable to other educational settings. Any activity, program, 
product, or practice which meets the criteria of the preceding 
sentence may then be disseminated through the National Diffusion 
Network, and each eligible recipient (as described in subsection (c)) 
may apply for assistance in accordance with subsection (d). 
"(c) EuGiBLE RECIPIENTS OF GRANTS AND CONTRACTS.—For the 
purpose of carrying out the activities under this section, the Sec-
retary is authorized to make grants to, and contracts with, local 
educational agencies, State educational agencies, institutions of 
higher education, and other public and private nonprofit edu-
cational institutions and organizations. 
"(d) FUNDING CRITERIA.—(1) For the purpose of determining which 
projects to fund under this section, the Secretary shall assess the 
extent to which the projects meet the following criteria: 
102 STAT. 212 
PUBLIC LAW 100-297—APR. 28, 1988 
Contracts. 
20 use 2963. 
Reading is 
Fundamental. 
"(A) The applicant has a workable plan for disseminating its 
program. 
"(B) The program's approach is innovative. 
"(C) The program is accurate and up-to-date. 
"(2) Each applicant for assistance under this section shall submit 
statements and supporting materials as required by the Secretary 
but shall not be required to submit more than a representative 
sample of the program materials of the applicant. 
"(3) In establishing regulations under this section, including the 
specific evaluation criteria under paragraph (1), the Secretary shall 
consult with interested parties, including participants in the 
National Diffusion Network. 
"(4) For fiscal year 1988 only, the Secretary shall assess applica-
tions for financial assistance under this section on the basis of the 
application or reapplication proposals. 
"SEC. 1563. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING 
MOTIVATION. 
"(a) AUTHORIZATION.—The Secretary is authorized (1) to enter into 
a contract with Reading is Fundamental (RIF) (hereinafter in this 
section referred to as the 'contractor'), a private nonprofit organiza-
tion which has as its primary purpose the motivation of children to 
learn to read, to support and promote the establishment of reading 
motivation programs which include the distribution of inexpensive 
books to students, and (2) to pay the Federal share of the cost of such 
programs. 
"(b) REQUIREMENTS OF CONTRACT.—The contract shall provide 
that— 
"(1) the contractor will enter into subcontracts with local 
private nonprofit groups or organizations or with public agen-
cies (hereinafter referred to as 'subcontractors') under which 
the subcontractors will agree to establish, operate, and provide 
the non-Federal share of the cost of reading motivational pro-
grams which include the distribution of books by gift or loan, to 
preschool and elementary and secondary school children; 
"(2) funds made available by the Secretary to a contractor 
pursuant to any contract entered into under this section will be 
used to pay the Federal share of the cost of establishing and 
operating reading motivational programs as provided in para-
graph (1); and 
"(3) the contractor will meet such other conditions and stand-
ards as the Secretary determines to be necessary to assure the 
effectiveness of the programs authorized by this section and will 
provide such technical assistance as may be necessary to carry 
out the purposes of this section. 
"(c) RESTRICTION ON PAYMENTS.—The Secretary shall make no 
payment of the Federal share of the cost of acquiring and distribut-
ing books pursuant to a contract authorized by this section unless 
the Secretary determines that the contractor or subcontractor, as 
the case may be, has made arrangements with book publishers or 
distributors to obtain books at discounts at least as favorable as 
discounts that are customarily given by such publisher or distribu-
tor for book purchases made under similar circumstances in the 
absence of Federal assistance. 
"(d) DEFINITIONS.—For purposes of this section the term 'Federal 
share' means— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 213 
"(1) with respect to the cost of books purchased by a sub-
contractor for a program in a locality for distribution of such 
books to children in that locality, 75 percent of the cost to such 
subcontractor; or 
i 
"(2) with respect to the cost of books purchased by a sub-
contractor for a program of distribution of books to children of 
migrant or seasonal farmworkers, 100 percent of the cost to 
such subcontractor for such books. 
"SEC. 1.564. ARTS IN EDUCATION PROGRAM. 
"The Secretary shall carry out a program of grants and contracts 
to encourage and assist State and local educational agencies and 
other public and private agencies, organizations, and institutions to 
establish and conduct programs in which the arts are an integral 
part of elementary and secondary school curricula such as— 
"(1) programs with public and private cultural organizations, 
agencies, and institutions, including museums, libraries, and 
theaters; 
"(2) a program to develop and implement model projects and 
programs in the performing arts for children and youth, 
through arrangements made with the John F. Kennedy Center 
for the Performing Arts; and 
"(3) a program for the identification, development and im-
plementation of model programs and projects in the arts for 
individuals with handicaps through arrangements with the 
organization Very Special Arts. 
"SEC. 156.5. LAW-RELATED EDUCATION PROGRAM. 
"(a) AUTHORIZATION.—The Secretary shall carry out a program of 
grants and contracts to encourage State and local educational agen-
cies and other public and private nonprofit agencies, organizations, 
and institutions to provide law-related education programs. 
"(b) DEFINITION.—For the purpose of this section, the term 'law-
related education' means education to equip nonlawyers with knowl-
edge and skills pertaining to the law, the legal process, the legal 
system, and the fundamental principles and values on which they 
are based. 
"(c) AUTHORIZED ACTIVITIES.—Funds made available for the pur-
poses of this section may be available for activities such as— 
"(1) awareness activities to provide educators, law-related 
personnel, and the public with an understanding of what law-
related education is; 
"(2) support for new and ongoing programs in elementary and 
secondary schools, adult education, community organizations, 
and institutions of higher education, to provide law-related 
education, to develop materials and methods, to conduct pilot 
and demonstration projects, and to disseminate the products of 
such activities; 
"(3) clearinghouse and technical assistance, to collect and 
provide information and assistance to institutions, groups, agen-
cies, organizations, and individuals to aid in establishing, 
improving, and expanding law-related education activities; 
"(4) training for law-related personnel in the substance and 
practice of law-related education, including preservice and in-
service seminars, workshops, institutes, and courses; 
"(5) research and evaluation to study and improve the 
effectiveness of materials and methods in law-related education; 
20 u s e 2964. 
Grants. 
Contracts. 
Handicapped 
persons. 
20 u s e 2965. 
Grants. 
Contracts. 
Research and 
development. 
102 STAT. 214 
PUBLIC LAW 100-297—APR. 28,1988 
"(6) involvement of law-related organizations, agencies, and 
personnel, such as lawyers, law schools, law students, and law 
enforcement personnel in the provision of law-related education 
activities; and 
"(7) youth internships for outside-the-classroom experiences 
with the law and the legal system. 
20 use 2966. 
"SEC. 1566. BLUE RIBBON SCHOOLS PROGRAM. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to carry 
out programs to recognize elementary and secondary schools or 
programs which have established standards of excellence and which 
have demonstrated a high level of quality. Such programs shall be 
designated as 'Blue Ribbon Schools'. In selecting schools and pro-
grams to be recognized, the Secretary shall competitively select 
public and private schools or programs within local educational 
agencies in the States, schools operated for Indian children by the 
Department of the Interior, and schools operated by the Department 
of Defense for dependents of Department of Defense personnel. 
"(b) SELECTION PROCESS.—(1) The Secretary shall designate, each 
fiscal year, several categories for a Blue Ribbon Schools program. 
Such categories may include, but shall not be limited to, outstanding 
elementary schools, outstanding secondary schools, outstanding 
mathematics 
and science programs, or outstanding 
reading 
programs. 
"(2) Within each category, the Secretary shall determine the 
criteria and procedures for selection. Selection for such awards shall 
be based solely on merit. Schools or programs selected for awards 
under this section shall not be required to be representative of the 
States. 
"(c) ADMINISTRATIVE PROVISIONS.—(1) The Secretary shall carry 
out the provisions of this section including the establishment of the 
selection procedures, after consultation with appropriate outside 
parties. 
"(2) No award may be made under this section unless the local 
educational agency submits an application to the Secretary at such 
time, in such manner, and containing such information, as the 
Secretary may reasonably require. 
"(3) For the purposes of this section, the term 'State' means each 
of the several States, the District of Columbia, and the Common-
wealth of Puerto Rico. 
"PART C—GENERAL ADMINISTRATIVE PROVISIONS 
20 use 2971. 
"SEC. 1571. MAINTENANCE OF EFFORT; FEDERAL FUNDS 
SUPPLE-
MENTARY. 
"(a) MAINTENANCE OP EFFORT.—(1) Except as provided in para-
graph (2), a State is entitled to receive its full allocation of funds 
under this chapter for any fiscal year if the Secretary finds that 
either the combined fiscal effort per student or the aggregate 
expenditures within the State with respect to the provision of free 
public education for the preceding fiscal year was not less than 90 
percent of such combined fiscal effort or aggregate expenditures for 
the second preceding fiscal year. 
"(2) The Secretary shall reduce the amount of the allocation of 
funds under this chapter in any fiscal year in the exact proportion 
to which the State fails to meet the requirements of paragraph (1) by 
falling below 90 percent of both the fiscal effort per student and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 215 
aggregate expenditures (using the measure most favorable to the 
State), and no such lesser amount shall be used for computing the 
effort required under paragraph (1) for subsequent years. 
"(3) The Secretary may waive, for 1 fiscal year only, the require-
ments of this subsection if the Secretary determines that such a 
waiver would be equitable due to exceptional or uncontrollable 
circumstances such as a natural disaster or a precipitous and un-
foreseen decline in the financial resources of the State. 
"(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or local edu-
cational agency may use and allocate funds received under this 
chapter only so as to supplement and, to the extent practical, 
increase the level of funds that would, in the absence of Federal 
funds made available under this chapter, be made available from 
non-Federal sources, and in no case may such funds be used so as to 
supplant funds from non-Federal sources. 
"SEC. 1572. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
20 USC 2972. 
SCHOOLS. 
"(a) PARTICIPATION ON EQUITABLE BASIS.—(1) To the extent consist-
ent with the number of children in the school district of a local 
educational agency which is eligible to receive funds under this 
chapter or which serves the area in which a program or project 
assisted under this chapter is located who are enrolled in private 
nonprofit elementary and secondary schools, or with respect to 
instructional or personnel training programs funded by the State 
educational agency from funds reserved for State use, such agency, 
after consultation with appropriate private school officials, shall 
provide for the benefit of such children in such schools secular, 
neutral, and nonideological services, materials, and equipment, 
including the participation of the teachers of such children (and 
other educational personnel serving such children) in training pro-
grams, and the repair, minor remodeling, or construction of public 
facilities as may be necessary for their provision (consistent with 
subsection (c) of this section), or, if such services, materials, and 
equipment are not feasible or necessary in one or more such private 
schools as determined by the local educational agency after con-
sultation with the appropriate private school officials, shall provide 
such other arrangements as will assure equitable participation of 
such children in the purposes and benefits of this chapter. 
"(2) If no program or project is carried out under subsection (a)(1) Contracts, 
of this section in the school district of a local educational agency, the 
State educational agency shall make arrangements, such as through 
contracts with nonprofit agencies or organizations, under which 
children in private schools in that district are provided with services 
and materials to the extent that would have occurred if the local 
educational agency had received funds under this chapter. 
"(3) The requirements of this section relating to the participation 
of children, teachers, and other personnel serving such children 
shall apply to programs and projects carried out under this chapter 
by a State or local educational agency, whether directly or through 
grants to or contracts with other public or private agencies, institu-
tions, or organizations. 
"(b) EQUAL EXPENDITURES.—Expenditures for programs pursuant 
to subsection (a) shall be equal (consistent with the number of 
children to be served) to expenditures for programs under this 
chapter for children enrolled in the public schools of the local 
educational agency, taking into account the needs of the individual 
102 STAT. 216 
PUBLIC LAW 100-297—APR. 28, 1988 
children and other factors which relate to such expenditures, and 
when funds available to a local educational agency under this 
chapter are used to concentrate programs or projects on a particular 
group, attendance area, or grade or age level, children enrolled in 
private schools who are included within the group, attendance area, 
or grade or age level selected for such concentration shall, after 
consultation with the appropriate private school officials, be assured 
equitable participation in the purposes and benefits of such pro-
grams or projects. 
"(c) FUNDS.—(1) The control of funds provided under this chapter, 
and title to materials, equipment, and property repaired, remodeled, 
or constructed therewith, shall be in a public agency for the uses 
and purposes provided in this chapter, and a public agency shall 
administer such funds and property. 
Contracts. 
"(2) The provision of services pursuant to this section shall be 
provided by employees of a public agency or through contract by 
such public agency with a person, an association, agency, or corpora-
tion who or which, in the provision of such services, is independent 
of such private school and of any religious organizations, and such 
employment or contract shall be under the control and supervision 
of such public agency, and the funds provided under this chapter 
shall not be commingled with State or local funds. 
"(d) STATE PROHIBITION WAIVER.—If by reason of any provision of 
law a State or local educational agency is prohibited from providing 
for the participation in programs of children enrolled in private 
elementary and secondary schools, as required by this section, the 
Secretary shall waive such requirements and shall arrange for the 
provision of services to such children through arrangements which 
shall be subject to the requirements of this section. 
"(e) WAIVER AND PROVISION OF SERVICES.—(1) If the Secretary 
determines that a State or a local educational agency has substan-
tially failed or is unwilling to provide for the participation on an 
equitable basis of children enrolled in private elementary and 
secondary schools as required by this section, the Secretary may 
waive such requirements and shall arrange for the provision of 
services to such children through arrangements which shall be 
subject to the requirements of this section. 
"(2) Pending final resolution of any investigation or complaint 
that could result in a determination under this subsection or subsec-
tion (d), the Secretary may withhold from the allocation of the 
affected State or local educational agency the amount estimated by 
the Secretary to be necessary to pay the cost of those services. 
"(f) DETERMINATION.—Any determination by the Secretary under 
this section shall continue in effect until the Secretary determines 
that there will no longer be any failure or inability on the part of 
the State or local educational agency to meet the requirements of 
subsections (a) and (b). 
"(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary ar-
ranges for services pursuant to this section, the Secretary shall, 
after consultation with the appropriate public and private school 
officials, pay the cost of such services, including the administrative 
costs of arranging for those services, from the appropriate allotment 
of the State under this chapter. 
Courts, U.S. 
"(h) REVIEW.—(1) The Secretary shall not take any final action 
under this section until the State educational agency and the local 
educational agency affected by such action have had an opportunity, 
for at least 45 days after receiving written notice thereof, to submit 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 217 
written objections and to appear before the Secretary or the Sec-
retary's designee to show cause why that action should not be taken. 
"(2) If a State or local educational agency is dissatisfied with the 
Secretary's final action after a proceeding under paragraph (1) of 
this subsection, it may, within 60 days after notice of such action, 
file with the United States court of appeals for the circuit in which 
such State is located a petition for review of that action. A copy of 
the petition shall be forthwith transmitted by the clerk of the court 
to the Secretary. The Secretary thereupon shall file in the court the Records, 
record of the proceedings on which the Secretary based this action, 
as provided in section 2112 of title 28, United States Code. 
"(3) The findings of fact by the Secretary, if supported by substan-
tial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Secretary to take further 
evidence and the Secretary may thereupon make new or modified 
findings of fact and may modify the Secretary's previous action, and 
shall file in the court the record of the further proceedings. Such 
new or modified findings of fact shall likewise be conclusive if 
supported by substantial evidence. 
"(4) Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Secretary or to set it aside, in whole 
or in part. The judgment of the court shall be subject to review by 
the Supreme Court of the United States upon certiorari or certifi-
cation as provided in section 1254 of title 28, United States Code. 
"(i) PRIOR DETERMINATION.—Any bypass determination by the 
Secretary under chapter 2 of the Education Consolidation and 
Improvement Act of 1981 shall to the extent consistent with the 
purposes of this chapter apply to programs under this chapter. 
"SEC. 1.573. EVALUATIONS AND REPORTING. 
20 USC 2973. 
"(a) LOCAL EDUCATIONAL AGENCIES.—A local educational agency 
which receives financial assistance under this chapter shall report 
annually to the State educational agency on the use of funds under 
section 1531. Such reporting shall be carried out in a manner which 
minimizes the amount of paperwork required while providing the 
State educational agency with the necessary information under the 
preceding sentence. Such report shall be made available to the 
public. 
"(b) STATE EDUCATIONAL AGENCIES.—A State educational agency 
which receives financial assistance under this chapter shall evaluate 
the effectiveness of State and local programs under this chapter in 
accordance with section 1522(a)(6)(B). That evaluation shall be 
submitted for review and comment by the State advisory committee 
and shall be made available to the public. The State educational 
agency shall submit to the Secretary a copy of the evaluation and a 
summary of the reports under subsection (a). 
"(c) REPORTS.—(1) The Secretary, in consultation with State and 
local educational agency representatives, shall develop a model 
system which State educational agencies may use for data collection 
and reporting under this chapter. 
"(2)(A) The Secretary shall submit annually a report to the Con-
gress for the use of funds, the types of services furnished, and the 
students served under this chapter. 
"(B) The Secretary shall not later than October 1, 1992, submit a 
report to the Congress summarizing evaluations under subsection (b) 
in order to provide a national overview of the uses of funds and 
effectiveness of programs under this chapter. 
102 STAT. 218 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 2974. 
Regulations. 
20 use 2975. 
20 u s e 1221e-3. 
20 u s e 1231c. 
20 use 1231d. 
20 use 1231g. 
20 use 2976. 
Gr£ints. 
eontracts. 
"SEC. 1574. FEDERAL ADMINISTRATION. 
"(a) TECHNICAL ASSISTANCE.—The Secretary, upon request, shall 
provide technical assistance to State and local educational agencies 
under this chapter, particularly with respect to implementation of 
the programs and activities under subpart 4. 
"(b) RULEMAKING.—The Secretary shall issue regulations under 
this chapter only to the extent that such regulations are necessary 
to ensure that there is compliance with the specific requirements 
and assurances required by this chapter. 
"(c) 
AVAILABILITY OF APPROPRIATIONS.—Notwithstanding 
any 
other provision of law, unless expressly in limitation of this subsec-
tion, funds appropriated in any fiscal year to carry out activities 
under this chapter shall become available for obligation on July 1 of 
such fiscal year and shall remain available for obligation until the 
end of the subsequent fiscal year. 
"(d) SPECIAL RULE.—The provisions of sections 1433 and 1434 shall 
apply to the programs authorized by this chapter. 
"SEC. 1575. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT. 
"(a) GENERAL RULE.—Except as otherwise specifically provided by 
this section, the General Education Provisions Act shall apply to the 
programs authorized by this chapter. 
"(b) APPLICABILITY.—The following provisions of the General Edu-
cation Provisions Act shall be superseded by the specified provisions 
of this chapter with respect to the programs authorized by this 
chapter: 
"(1) Section 408(a)(1) of the General Education Provisions Act 
is superseded by section 1574(b) of this chapter. 
"(2) Section 426(a) of such Act is superseded by section 1574(a) 
of this chapter. 
"(3) Section 427 of such Act is superseded by section 1534(a)(5) 
of this chapter. 
"(4) Section 430 of such Act is superseded by sections 1522 and 
1533 of this chapter. 
"(c) SPECIAL RULE.—Sections 434, 435, and 436 of the General 
Education Provisions Act, except to the extent that such sections 
relate to fiscal control and fund accounting procedures, may not 
apply to the programs authorized by this chapter and shall not be 
construed to authorize the Secretary to require any reports or take 
any actions not specifically authorized by this chapter. 
"SEC. 1576. TRANSITION PROVISIONS. 
"(a) REGULATIONS.—All orders, determinations, rules, regulations, 
permits, grants, and contracts, which have been issued under chap-
ters 2 and 3 of the Education Consolidation and Improvement Act of 
1981 (as in effect on the date before the effective date of the 
Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary 
School Improvement Amendments of 1988), or which are issued 
under such Act on or before the effective date of this Act shall 
continue in effect until modified or revoked by the Secretary, by a 
court of competent jurisdiction, or by operation of law other than 
this Act. 
"(b) EFFECT ON PENDING PROCEEDINGS.—The provisions of this 
chapter shall not affect administrative or judicial proceedings pend-
ing on the effective date of this Act under chapters 2 and 3 of the 
Education Consolidation and Improvement Act of 1981. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 219 
"(c) TRANSITION.—With respect to the period beginning July 1, 
1988, and ending June 30, 1989, no recipient of funds under this Act 
or chapter 2 of the Education ConsoHdation and Improvement Act of 
1981 shall be held to have expended such funds in violation of the 
requirements of this Act or of such Act if such funds are expended 
in accordance with this Act or such Act. 
"TITLE II—CRITICAL SKILLS 
IMPROVEMENT 
"PART A—DWIGHT D. EISENHOWER MATHEMATICS AND 
SCIENCE EDUCATION ACT 
"SEC. 2001. SHORT TITLE. 
"This part may be cited as the 'Dwight D. Eisenhower Mathe-
matics and Science Education Act'. 
"SEC. 2002. STATEMENT OF PURPOSE. 
"The purpose of this part is to strengthen the economic competi-
tiveness and national security of the United States by improving the 
skills of teachers and the quality of instruction in mathematics and 
science in the Nation's public and private elementary and secondary 
schools through assistance to State educational agencies, local edu-
cational agencies, and institutions of higher education. 
"SEC. 2003. PROGRAM AUTHORIZED. 
"(a) GRANTS.—The Secretary is authorized to make grants to 
States and discretionary grants in accordance with the provisions of 
this part for strengthening the skills of teachers and improving 
instruction in mathematics and science. 
"(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated for the purposes of this part, $250,000,000 for fiscal 
year 1989 and such sums as may be necessary for each of the 4 
succeeding fiscal years. 
"SEC, 2004. ALLOCATION OF FUNDS. 
"(a) IN GENERAL.—(1) From the amount appropriated under sec-
tion 2003(b) for any fiscal year, the Secretary shall reserve— 
"(A) not more than VT. of 1 percent for allocation among 
Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands 
according to their respective needs for sissistance under this 
part; 
"(B) Vz of 1 percent for programs for Indian students served 
by schools funded by the Secretary of the Interior consistent 
with the purposes of this part; and 
"(C) 4 percent for section 2012. 
"(2) The remainder of the amount so appropriated (after meeting 
the requirements of paragraph (1)) shall be allocated among the 
States (treating the District of Columbia and Puerto Rico 2& States) 
as follows— 
"(A) ¥2 of such remainder shall be allocated among the States 
by allocating to each State an amount which bears the same 
ratio to such ¥2 of such remainder £is the number of children 
aged 5 to 17, inclusive, in the State bears to the number of such 
children in all States; and 
Dwight D. 
Eisenhower 
Mathematics 
and Science 
Education Act. 
20 u s e 2981. 
20 u s e 2982. 
20 u s e 2983. 
20 u s e 2984. 
Territories, U.S. 
Indians. 
1Q_1Q4 n—Q1 
POT4 1 
Q • QT. 9 
102 STAT. 220 
PUBLIC LAW 100-297—APR. 28, 1988 
"(B) VT. of such remainder shall be allocated among the States 
according to each State's share of allocations under chapter 1 of 
the Education Consolidation and Improvement Act of 1981 or 
part A of chapter 1 of title I of this Act, whichever program was 
effective for the previous fiscal year, 
except that no State shall receive less than ¥2 of 1 percent of the 
amount available under this subsection in any fiscal year or less 
than the amount allotted to such State for fiscal year 1988 under 
title II of the Education for Economic Security Act. 
"(3) For the purposes 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 5 to 17, 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 the Secretary. 
"(5) The Secretary shall make payments under paragraph (1)(B) 
on whatever terms the Secretary determines will best carry out the 
purposes of this part. 
"(b) REALLOTMENT OF UNUSED FUNDS.—The amount of any State's 
allotment under subsection (a) for any fiscal year to carry out this 
part which the Secretary determines will not be required for that 
fiscal year to carry out this part shall be available for reallotment 
from time to time, on such dates during that year as the Secretary 
may determine, to other States in proportion to the original allot-
ments 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 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. 
20 u s e 2985. 
"SEC. 2005. IN-STATE APPORTIONMENT. 
"(a) ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.—(1) For 
each fiscal year, an amount equal to 75 percent of each State's 
allotment under section 2004 shall be used for elementary and 
secondary education programs in accordance with section 2006, for 
demonstration and exemplary programs under section 2006(c) and 
for technical assistance under section 2006(d). 
"(2) Not less than 90 percent of such amount shall be distributed 
as follows: 
"(A) The State educational agency shall distribute 50 percent 
of the funds available under this subsection to local educational 
agencies according to the relative enrollments in public and 
private nonprofit schools within the school districts of such 
agencies. Such relative enrollments may be calculated, at the 
option of the State educational agency, on the basis of the total 
number of children enrolled in public schools, and— 
"(i) private nonprofit schools, or 
"(ii) private nonprofit schools desiring that their children 
and teachers participate in programs or projects assisted 
under this part. 
Nothing in the preceding sentence shall diminish the respon-
sibility of local educational agencies to contact, on an annual 
basis, appropriate officials from private nonprofit schools within 
their school districts in order to determine whether such schools 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 221 
Disadvantaged 
persons. 
Women. 
Minorities. 
Handicapped 
persons. 
20 u s e 2986. 
desire that their children and teachers participate in programs 
or projects assisted under this part. 
"(B) The State educational agency shall distribute 50 percent Disadvantaged 
of the funds available under this subsection based on the pei^^ns. 
relative number of children aged 5 to 17 who— 
"(i) are from families below the poverty level as deter-
mined under section 1005(c)(2)(A) of this Act; and 
"(ii) are from families above the poverty level as deter-
mined under section 1005(c)(2)(B) of this Act; 
in the schools of the local educational agencies within the State. 
"(b) HIGHER EDUCATION PROGRAMS.—For each fiscal year, 25 per-
cent of each State's allotment under section 2004 shall be used for 
higher education programs in accordance with section 2007. 
"SEC. 2006. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS. 
"(a) IN GENERAL.—The amount apportioned 
under 
section 
2005(a)(2) from each State's allotment under this part shall be used 
by the State educational agency to strengthen elementary and 
secondary education programs in accordance with the provisions of 
this section. 
"(b) LOCAL EDUCATIONAL AGENCIES.—(1) Each local educational 
agency shall use funds distributed under this part for— 
"(A) the expansion and improvement of preservice training, 
inservice training, and retraining of teachers and other appro-
priate school personnel in the fields of mathematics and science, 
including vocational education teachers who use mathematics 
and science in the courses of study they teach; 
"(B) recruitment or retraining of minority teachers to become 
mathematics and science teachers; 
"(C) training in and instructional use of computers, video, and 
other telecommunications technologies as part of a mathe-
matics and science program (which may include the purchase of 
computers or other telecommunications equipment in schools 
with an enrollment of 50 percent or more of students from low-
income families after all other training needs have been met); 
"(D) integrating higher order analytical and problem-solving 
skills into the mathematics and science curriculum; or 
"(E) providing funds for grants projects for individual teach-
ers within the local educational agency to undertake projects to 
improve their teaching ability or to improve the instructional 
materials used in their classrooms in mathematics and science. 
"(2) Such training and instruction may be carried out through 
Contracts, 
agreements with public agencies, private industry, institutions of 
higher education, and nonprofit organizations, including museums, 
libraries, educational television stations, professional 
science, 
mathematics and engineering associations, and other appropriate 
institutions. 
Agreements 
for 
funds 
available 
under 
section 
2004(a)(lXB) may be made with institutions of higher education 
receiving funds under the Tribally Controlled Community College 
Assistance Act of 1978. A local educational agency may carry out 
the activities authorized by this paragraph with one or more other 
local educational agencies within the State, or with the State edu-
cational agency, or both. Each local educational agency shall assure 
that programs of training, inservice training and retraining will 
take into account the need for greater access to and participation in 
mathematics and science programs and careers of students from 
historically underrepresented groups, including females, minorities, 
102 STAT. 222 
PUBLIC LAW 100-297—APR. 28, 1988 
individuals with limited-English proficiency, the handicapped, mi-
grants, and, especially, gifted and talented children from within 
such groups. 
"(3) A local educational agency for any fiscal year may apply for 
funds as part of a consortium with other local educational agencies, 
institutions of higher education, or an intermediate educational unit 
for the conduct of local programs. The State educational agency may 
assist in the formation of consortia between local educational agen-
cies, institutions of higher education, or intermediate educational 
units to provide services for the teachers and students in such local 
educational agency at the request of such local educational agency. 
"(4) Not more than 5 percent of funds available to the local 
educational agency for the purpose of this section for any fiscal year 
may be used for local administration. 
"(c) DEMONSTRATION AND EXEMPLARY PROGRAMS.—Not less than 5 
percent of the amount available under this section shall be used by 
the State educational agency for— 
"(1) demonstration and exemplary programs for teacher train-
ing and retraining and inservice upgrading of teacher skills in 
the fields of mathematics and science; 
"(2) demonstration and exemplary programs for instructional 
equipment and materials in such fields and necessary technical 
assistance; 
"(3) demonstration and exemplary programs for special 
projects for historically underrepresented and underserved 
populations and for gifted and talented students; or 
"(4) the dissemination of information to all local educational 
agencies within the State relating to the exemplary programs in 
the fields of mathematics and science. 
In providing financial assistance for such demonstration and exem-
plary programs, the State educational agency shall give special 
consideration to special projects in mathematics and science to 
historically underrepresented and underserved populations of stu-
dents, including females, minorities, handicapped 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 assistance to magnet 
schools for such students. 
"(d) 
TECHNICAL ASSISTANCE AND ADMINISTRATIVE COSTS.—Not 
more than 5 percent of the amount available under this section may 
be used by the State educational agency— 
"(1) to provide technical assistance to local educational agen-
cies, institutions of higher education, and nonprofit organiza-
tions, including museums, libraries, and educational television 
stations, in the conduct of programs specified in subsection (b); 
and 
"(2) for the costs of administration and assessment of pro-
grams assisted under this part. 
20 u s e 2987. 
"SEC. 2007. HIGHER EDUCATION PROGRAMS. 
"(a) IN GENERAL.—(1) Except as provided in paragraph (2), the 
amount apportioned under section 2005(b) from each State's allot-
ment under this part shall be used by the State agency for higher 
education for education programs in accordance with the provisions 
of this section. 
"(2) Funds available under section 2004(a)(1)(B) and reserved 
under section 2005(b) shall be used, in accordance with the provi-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 223 
sions of this section, to support programs conducted within institu-
tions of higher education funded through the Bureau of Indian 
Affairs. 
"(b) GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.—(1)(A) Not 
less than 95 percent of the amount available for this section shall be 
used by the State agency for higher education for grants to institu-
tions 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 and which 
demonstrate involvement of local educational agencies. 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 or science to 
specialize in the teaching of mathematics or science, including 
the provision of stipends for 
participation 
in 
institutes 
authorized under title I of the Education for Economic Security 
Act or any other program of the National Science Foundation; 
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, including stipends for participation in 
institutes authorized under title I of the Education for Economic 
Security Act, or any other program of the National Science 
Foundation. 
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 and science and careers by 
students from historically underrepresented and 
underserved 
groups, including females, minorities, individuals with limited-Eng-
lish proficiency, the handicapped, migrants, and the gifted and 
talented, and will ensure cooperative agreements or cooperative 
arrangements with local educational agencies. 
"(3) No institution of higher education may receive assistance 
under paragraphs (2)(B) and (2)(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 retrgdning for the elementary and secondary school teachers in 
the public and private schools of the school district of each such 
agency. 
"(c) COOPERATIVE PROGRAMS.—The State agency for higher edu-
cation may use funds described in subsection (b)(1)(A) for cooperative 
programs among institutions of higher education, local educational 
agencies. State educational agencies, private industry, and nonprofit 
organizations, including museums, libraries, educational television 
stations, and professional matehmatics, science, and engineering 
societies and associations for the development and dissemination of 
Disadvantaged 
persons. 
Women. 
Minorities. 
Handicapped 
persons. 
102 STAT. 224 
PUBLIC LAW 100-297—APR. 28, 1988 
Disadvantaged 
persons. 
Women. 
Minorities. 
Handicapped 
persons. 
20 use 2988. 
projects designed to improve student understanding and perform-
ance in science and mathematics. 
"(d) ASSESSMENT AND ADMINISTRATIVE COSTS.—Not to exceed 5 
percent 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 2008(c); and 
"(2) the costs incurred by such agency for administration and 
evaluation of programs assisted under this part. 
"SEC. 2008. STATE APPLICATION. 
"(a) APPUCATION.—Each State which desires to receive a grant 
under this part shall file an application with the Secretary which 
covers a period of 3 fiscal years. Such application shall be filed at 
such time, in such manner, and containing or accompanied by such 
information as the Secretary may reasonably require. 
"(b) CONTENTS OF APPLICATION.—Each such application shall— 
"(1) designate the State educational agency for the purpose of 
programs described in section 2006, and the State agency for 
higher education for the purpose of programs described in 
section 2007 as the agency or agencies responsible for the 
administration and supervision of the programs described in 
section 2006 or 2007, as the case may be; 
"(2) provide assurances that— 
"(A) payments will be distributed by the State in accord-
ance with the provisions of this title; 
"(B) for programs described in section 2006, the provi-
sions of section 2010 will be carried out; 
"(C) the State will provide such fiscal control and funds 
accounting as the Secretary may require; 
"(D) funds provided under this part will supplement, not 
supplant. State and local funds made available for activities 
authorized under this part; 
"(E) during the 3-year period of the plan, the State will 
evaluate its standards for teacher preparation, licensing, 
certification, and endorsement for elementary and second-
ary mathematics and science; 
"(F) the State will take into account the needs for greater 
access to and participation in mathematics and science by 
students and teachers from historically underrepresented 
groups including females, minorities, individuals with lim-
ited-English proficiency, the economically disadvantaged, 
' 
and the handicapped; 
"(G) that the needs of teachers and students in areas with 
high concentrations of low-income students and sparsely 
populated areas will be considered in the distribution of 
funds reserved for State use; and 
"(H) that the programs conducted with State funds will 
be assessed annually (including statistics on the number of 
students and teachers involved in these programs) and that 
the data from such assessments, as well as a summary of 
the local assessments required under section 2009(b)(6), will 
be submitted to the Secretary; 
"(3) if appropriate, provide a description of how funds paid 
under this part will be coordinated with State and local funds 
and other Federal resources, particularly with respect to any 
program available from the JNational Science Foundation or the 
Department of Energy, or both; and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 225 
"(4) describe procedures— 
"(A) for submitting applications for programs described 
in sections 2006 and 2007 for distribution of payments 
under this part within the State, and 
"(B) for approval of applications by the appropriate State 
agency, including appropriate procedures to assure that 
such agency will not disapprove an application without 
notice and opportunity for a hearing. 
"(c) INFORMATIONAL REQUIREMENTS.—Each State application shall 
also contain the following: 
"(1) A projection of the supply and demand for teachers 
within the State in all the mathematics and science subject 
areas at the elementary and secondary levels, including a 
consideration of the impact of changing State graduation 
requirements and other State reforms upon such supply. 
"(2) An assessment of the current elementary and secondary 
curriculum needs within the State in mathematics and science. 
"(d) DESCRIPTION OF ASSISTED ACTIVITIES.—Each application shall 
also contain the following descriptions: 
"(1) How the programs under this Act will meet the teacher 
training and curriculum needs projected under subsections (cXD 
and (c)(2). 
"(2) The specific activities that will be undertaken that in-
volve institutions of higher education. 
"(3) The specific activities that will be supported with funds 
reserved for State use and how those activities relate to the 
State's needs in mathematics and science. 
"(4) The specific activities the State will support to improve 
access of historically underrepresented groups in mathematics 
and science education. 
"(e) APPROVAL.—The Secretary shall expeditiously approve any 
State application that meets the requirements of this section. 
"SEC. 2009. LOCAL APPLICATION. 
20 USC 2989. 
"(a) APPUCATION.—A local educational agency that desires to 
receive a grant under this part shall submit an application which 
covers a 3-year period (singly or in conjunction with other local 
educational agencies, institutions of higher education, or an inter-
mediate educational unit). 
"(b) CONTENTS OF APPUCATION.—A local educational agency ap-
plication shall— 
"(1) provide a summary assessment of— 
"(A) the needs of its current teachers in mathematics and 
science and whether a shortage of such qualified teachers 
exists or will exist within 5 years after the date of the 
application; 
"(B) the current levels of mathematics and science stu-
dent achievement in the local educational agency; and 
"(C) the curricular needs of the local educational agency 
in mathematics and science; 
"(2) describe how the local educational agency plans to use 
funds received under this part to meet the needs described in 
paragraph (IXA); 
"(3) if applicable, describe how funds under this part will be 
coordinated with State and local and other Federal resources, 
especially with respect to any programs available from the 
102 STAT. 226 
PUBLIC LAW 100-297—APR. 28, 1988 
Disadvantaged 
persons. 
Women. 
Minorities. 
Handicapped 
persons. 
20 use 2990. 
National Science Foundation, or the Department of Energy, or 
both; 
"(4) if applicable, describe how the programs will use other 
resources of the community and involve public agencies, private 
industry, institutions of higher education, public and private 
nonprofit 
organizations 
(including, 
museums, 
libraries, 
educational television stations, professional science, mathe-
matics, and engineering associations), and other appropriate 
institutions; 
"(5) assure that programs will take into account the need for 
greater access to and participation in mathematics and science 
programs by students from historically 
underrepresented 
groups, including females, minorities, individuals with limited-
English proficiency, the economically disadvantaged, and the 
handicapped; and 
"(6) assure that the programs will be assessed, that progress 
made will be reported in terms of numbers of teachers and 
students affected, and that the results will be submitted to the 
State educational agency in the time and manner required. 
"(c) RENEWAL OF PAYMENTS.—The State educational agency shall 
renew payments to local educational agencies under this section 
based upon a determination by the State educational agency that 
the local educational agency is making adequate progress toward 
the goals of this part. The State educational agency will not 
disapprove an application without notice and opportunity for a 
hearing. 
"SEC. 2010. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE 
SCHOOLS. 
"(a) PARTICIPATION OF PRIVATE SCHOOL STUDENTS.—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 
nonprofit elementary and secondary schools, such State or agency 
shall, after consultation with appropriate private school representa-
tives, make provision for including services and arrangements for 
the benefit of such children as will assure the equitable participa-
tion of such children in the purposes and benefits of this part. 
"(b) PARTICIPATION OF PRIVATE SCHOOL TEACHERS.—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 
nonprofit elementary and secondary schools, such State, or agency 
or institution of 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 participa-
tion of such teachers in the purposes and benefits of this part. 
"(c) WAIVER.—If by reason of any provision of law a State or local 
educational agency or institution of higher education is prohibited 
from providing for the participation of children or teachers from 
private nonprofit 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 participa-
tion on an equitable basis, the Secretary shall waive such require-
ments and shall arrange for the provision of services to such 
children or teachers, subject to the requirements of this section. 
Such waivers shall be subject to consultation, withholding, notice, 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 227 
and judicial review requirements in accordance with section 1017 of 
this Act. 
"SEC. 2011. FEDERAL ADMINISTRATION. 
20 USC 2991. 
"(a) TECHNICAL ASSISTANCE AND EVALUATION PROCEDURES.—The 
Secretary shall provide technical assistance and, in consultation 
with State and local representatives, shall develop procedures for 
State and local evaluations of the programs under this part. 
"(b) SUMMARY.—The Secretary shall submit to the Congress every 
2 years a summary of the State evaluations of programs under this 
part. 
"(c) MODEL REPORTING STANDARDS.—In conjunction with State and 
local educational agencies and organizations of mathematics and 
science educators, the Secretary shall develop model reporting 
standards to encourage comparability of data required under sec-
tions 2008 and 2009. 
"SEC. 2012. NATIONAL PROGRAMS. 
Grants. 
"(a) AMOUNT AVAILABLE.—From 4 percent of amounts appro- 20 u ^ 2992. 
priated under section 2003(b), the Secretary shall make grants or 
enter into cooperative agreements in accordance with this section. 
"0?) ELIGIBLE GRANTEES.—The Secretary shall make grants to and 
enter into cooperative agreements with State and local educational 
agencies, institutions of higher education, and public and private 
nonprofit organizations (including museums, libraries, educational 
television producers, distributors, and stations, and professional 
science, mathematics, and engineering societies and associations) for 
programs of national significance in mathematics and science 
instruction. The Secretary shall give special consideration in provid-
ing such assistance to local educational agencies (or consortia 
thereof), institutions of higher education, and public and private 
nonprofit organizations, providing special services to historically 
underserved and underrepresented populations (and especially 
gifted and talented children from within such populations) in the 
fields of mathematics and science. 
"(c) PROGRAMS FOR TRAINING AND RETRAINING TEACHERS.—In 
awarding grants and cooperative agreements, the Secretary shall 
also give special consideration to programs of such institutions and 
organizations (such as museums) which train and retrain teachers in 
methods of scientific inquiry and provide materials which aid the 
education of students. In awarding grants and cooperative agree-
ments, the Secretary shall give preference to developed and cur-
rently operating programs which are disseminated throughout the 
region in which such an institution or organization is located. 
"(d) 
DISSEMINATION OF INFORMATION.—The Secretary 
shall 
disseminate information concerning grants and cooperative agree-
ments under this section to State and local educational agencies and 
institutions of higher education. Such dissemination of information 
shall include examples of exemplary national programs in mathe-
matics and science instruction and necessary technical assistance 
for the establishment of similar programs. 
"SEC. 2013. DEFINITIONS. 
20 USC 2993. 
"As used in this part: 
"(1) The term 'institution of higher education' has the mean-
ing given that term in section 1201(a) of the Higher Education 
Act of 1965. 
102 STAT. 228 
PUBLIC LAW 100-297—APR. 28, 1988 
Foreign 
Language 
Assistance Act of 
1988 
20 use 3001. 
20 use 3002. 
20 use 3003. 
Grants. 
"(2) 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 edu-
cation, 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. 
"PART B—FOREIGN LANGUAGES ASSISTANCE 
"Sp]c. 2101. SHORT TITLF:. 
"This part may be cited as the 'Foreign Language Assistance Act 
of 1988'. 
"SEC. 2102. ^MNDINGS. 
"The Congress finds that the economic and security interests of 
this Nation require significant improvement in the quantity and 
quality of foreign language instruction offered in the Nation's ele-
mentary and secondary schools, and Federal funds should be made 
available to assist the purpose of this part. 
"SEC. 2103. PROGRAM AUTHORIZED. 
"(a) GENERAL AUTHORITY.—The Secretary shall make grants to 
State educational agencies whose applications are approved under 
subsection (b) to pay the Federal share of the cost of model pro-
grams, designed and operated by local educational agencies, provid-
ing for the commencement or improvement and expansion of foreign 
language study for students. 
"(b) APPLICATION.—Any State educational agency desiring to re-
ceive a grant under this part shall submit an application therefor to 
the Secretary at such time, in such form, and containing such 
information and assurances as the Secretary may require. No ap-
plication may be approved by the Secretary unless the application— 
"(1) contains a description of model programs which— 
"(A) are designed by local educational agencies, 
"(B) represent a variety of alternative and innovative 
approaches to foreign language instruction, and 
"(C) are selected on a competitive basis by the State 
educational agency; 
"(2) provides assurances that all children aged 5 through 17 
who reside within the school district of the local educational 
agency shall be eligible to participate in any model program 
funded under this section (without regard to whether such 
children attend schools operated by such agency); 
"(3) provides assurances that the State will pay the non-
Federal share of the activities for which assistance is sought 
from non-Federal sources; and 
"(4) provides that the local educational agency will provide 
standard evaluations of the proficiency of participants at appro-
priate intervals in the program which are reliable and valid, 
and provide such evaluations to the State educational agency. 
"(c) FEDERAL SHARE.—(1) The Federal share for each fiscal year 
shall be 50 percent. 
"(2) The Secretary may waive the requirement of paragraph (1) for 
any local educational agency which the Secretary determines does 
not have adequate resources to pay the non-Federal share of the cost 
of the project. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 229 
"(d) PARTICIPATION OF PRIVATE SCHOOLS.—(1) 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 special educational services and arrange-
ments (such as dual enrollment, educational radio and television, 
and mobile educational services and equipment) in which such 
children can participate and which meet the requirements of this 
section. Expenditures for educational services and arrangements 
pursuant to this subsection for children in private schools shall be 
equal (taking into account the number of children to be served and 
the needs of such children) to expenditures for children enrolled in 
the public schools of the State or local educational agency. 
"(2) If by reason of any provision of law a State or local edu-
cational agency is prohibited from providing for the participation of 
children from private schools as required by paragraph (1), 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 
which shall be subject to the requirements of this subsection. Such 
waivers shall be subject to consultation, withholding, notice, and 
judicial review requirements in accordance with paragraphs (3) and 
(4) of section 1017(b) of this Act. 
"SEC. 2104. ALLOTMENTS. 
20 USC 3004. 
"(a) GENERAL RULE.—(1) From the sums appropriated to carry out Territories, U.S. 
this part in any fiscal year, the Secretary shall reserve 1 percent for 
payments to Guam, American Samoa, the Virgin Islands, the Trust 
Territory of the Pacific Islands, and the Commonwealth of the 
Northern Mariana Islands, to be allotted in accordance with their 
respective needs. 
"(2) From the remainder of such sums the Secretary shall allot to 
each State an amount which bears the same ratio to the amount of 
such remainder as the school age population of the State bears to 
the school age population of all States, except that no State shall 
receive less than an amount equal to one-half of 1 percent of such 
remainder. 
"(b) AVAILABILITY OF FUNDS.—The allotment of a State under 
subsection (a) shall be made available to the State for 2 additional 
years after the first fiscal year during which the State receives its 
allotment under this section if the Secretary determines that the 
funds made available to the State during the first such year were 
used in the manner required under the State's approved application. 
"SEC. 2105. DEFINITIONS. 
20 USC 3005. 
"(a) GENERAL RULE.—For the purpose of this part: 
"(1) The term 'foreign language instruction' means instruc-
tion in critical foreign languages as defined by the Secretary. 
"(2) The term 'institution of higher education' has the mean-
ing given that term in section 1201(a) of the Higher Education 
Act of 1965. 
"(3) 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 edu-
cation, or, if there is no such officer or agency, an officer or 
102 STAT. 230 
PUBLIC LAW 100-297—APR. 28, 1988 
agency designated for the purpose of this title by the Governor 
or by State law. 
"(b) SPECIAL RULE.—For the purpose of section 2104— 
"(1) the term 'school age population' means the population 
aged 5 through 17; and 
"(2) the term 'States' includes the 50 States, the District of 
Columbia, and the Commonwealth of Puerto Rico. 
20 use 3006. 
"SEC. 2106. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated $20,000,000 for the fiscal 
year 1989 and such sums as may be necessary for each of the fiscal 
years 1990,1991,1992, and 1993 to carry out this part. 
"PART C—PRESIDENTIAL AWARDS FOR TEACHING EXCEL-
LENCE IN MATHEMATICS AND SCIENCE AND IN FOR-
EIGN LANGUAGES 
20 use 3011. 
"SEC. 2201. PRESIDENTIAL AWARDS. 
"(a) GENERAL AUTHORITY.—(1) The President is authorized to 
make Presidential awards for teaching excellence in mathematics 
and science to elementary and secondary school teachers of mathe-
matics or science who have demonstrated outstanding teaching 
qualifications in the field of teaching mathematics or science. 
"(2) The President is authorized to make Presidential awards for 
teaching excellence in foreign languages to elementary and second-
ary school teachers of foreign languages who have demonstrated 
outstanding teaching qualifications in the field of teaching foreign 
languages. 
"(b) LIMITATION.—Each year the President is authorized to make 
104 awards under subsection (a)(1), and 104 awards under subsection 
(a)(2). 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. 
20 use 3012. 
"SEC. 2202. ADMINISTRATIVE PROVISIONS. 
"The President shall carry out the provisions of this part, includ-
ing the establishment of the selection procedures, after consultation 
with the Secretary of Education, and other appropriate officials of 
Federal agencies, and representatives of professional foreign lan-
guage teacher associations. 
20 use 3013. 
"SEC. 2203. AUTHORIZATION OF APPROPRIATIONS. 
"(a) IN GENERAL.—(1) Funds to carry out this part for any fiscal 
year shall be made available from amounts appropriated pursuant 
to annual authorizations of appropriations for the National Science 
Foundation for Science and. Engineering Education. 
"(2)(A) There are authorized to be appropriated $2,000,000 for each 
fiscal year to carry out the provisions of this part. 
"(B) Not more than $1,000,000 are authorized to be available to 
carry out the provisions of paragraph (2) of section 2201(a). 
"(b) AVAILABILITY.—Amounts appropriated pursuant to subsection 
(a) and amounts made available under subsection (a) shall be avail-
able for making awards under this part, for 
administrative 
expenses, for necessary travel by teachers selected under this part. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 231 
and for special activities related to carrying out the provisions of 
this part. 
"TITLE III—MAGNET SCHOOLS 
ASSISTANCE 
Minorities. 
Discrimination, 
prohibition. 
20 use 3022. 
"SEC. 3001. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. 
20 USC 3021. 
"(a) AUTHORIZATION.—There are authorized to be appropriated 
$165,000,000 for the fiscal year 1989 and such sums as may be 
necessary for the fiscal years 1990 through 1993 to carry out the 
provisions of this title. 
"(h) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PRE-
VIOUSLY ASSISTED.—(1) In any fiscal year in which the amount 
appropriated pursuant to section 3001 exceeds $75,000,000, the Sec-
retary shall, with respect to such excess amount, give priority to 
grants to local educational agencies which— 
"(A) meet the requirements of section 3002; and 
"(B) have not received a grant under title VII of the Edu-
cation for Economic Security Act, or under this title, in the last 
fiscal year of the funding cycle prior to the fiscal year for which 
the determination is made. 
"(2) In awarding grants with the first $75,000,000, the Secretary 
shall not take into account, in whole or in title, whether a local 
educational agency has received an award in the prior funding cycle. 
"SEC. 3002. ELIGIBILITY. 
"A local educational agency is eligible to receive assistance under 
this title if the local educational agency— 
"(1) 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 
"(2) 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. 
"SEC. 3003. STATEMENT OF PURPOSE. 
20 USC 3023. 
"It is the purpose of this title to support, through 
financial 
assistance to eligible local educational agencies— 
"(1) the elimination, reduction, or prevention of minority 
group isolation in elementary and secondary schools with 
substantial portions of minority students; and 
"(2) 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. 
"SEC. 3004. PROGRAM AUTHORIZED. 
20 USC 3024. 
"The Secretary is authorized, in accordance with the provisions of 
Grants, 
this part, to make grants to eligible local educational agencies for 
use in magnet schools which are part of an approved desegregation 
102 STAT. 232 
PUBLIC LAW 100-297—APR. 28, 1988 
plan and which are designed to bring students from different social, 
economic, ethnic, and racial backgrounds together. 
20 use 3025. 
"SEC. 3005. DEFINITION. 
"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. 
20 use 3026. 
"SEC. 3006. USES OF FUNDS. 
Grants. 
"Grants made under this title may be used by eligible local 
educational agencies for— 
"(1) planning and promotional activities directly related to 
expansion, continuation, or enhancement of academic programs 
and services offered at magnet schools; 
"(2) the acquisition of books, materials, and equipment, 
including computers and the maintenance and operation 
thereof, necessary for the conduct of programs in magnet 
schools; and 
"(3) the payment of or subsidization of the compensation of 
elementary and secondary school teachers who are certified or 
licensed by the State and who are necessary for the conduct of 
programs in magnet schools; 
where, with respect to clauses (2) and (3), such assistance is directly 
related to improving the knowledge of mathematics, science, his-
tory, English, foreign languages, art, or music, or to improving 
vocational skills. 
20 u s e 3027. 
"SEC. 3007. APPLICATIONS AND REQUIREMENTS. 
"(a) APPLICATION.—Each eligible local educational agency which 
desires to receive assistance under this title shall submit an applica-
tion to the Secretary. Each such application shall be in such form as 
the Secretary may reasonably require. Each such application shall 
contain assurances that the local educational agency will meet the 
conditions enumerated in subsection (b). 
"(b) REQUIREMENTS CERTIFIED.—As part of the annual application 
required by subsection (a), each eligible local educational agency 
shall certify that the agency agrees— 
"(1) to use funds made available under this title for the 
purposes specified in section 3003; 
"(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; 
Discrimination, 
"(3) to provide assurances that the local educational agency 
prohibition. 
will not engage in discrimination based upon race, religion, 
color, national origin, sex, or handicap 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, national origin, sex, or handicap in the mandatory assign-
ment of students 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, national origin, sex, or handicap in designing or operating 
extracurricular activities for students; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 233 
"(6) to describe how assistance made available under this title 
will be used to promote desegregation; 
"(7) to provide assurances that the agency will carry out a 
high quality education program that will encourage greater 
parental decisionmaking and involvement; 
"(8) to provide a description of the manner in which the local 
educational agency will continue the magnet schools program 
after assistance under this title is no longer available; and 
"(9) to provide such other assurances as the Secretary deter-
mines necessary to carry out the provisions of this title. 
"(c) SPECIAL RULE.—No application may be approved under this 
section unless the Assistant Secretary of Education for Civil Rights 
determines that the assurances described in clauses (3), (4), and (5) of 
subsection (b) will be met. 
"SEC. 3008. SPECIAL CONSIDERATION. 
20 USC 3028. 
"(a) PRIORITY.—In approving applications under this title the 
Secretary shall give priority to— 
"(1) the recentness of the implementation of the approved 
plan or modification thereof; 
"(2) the proportion of minority group children involved in any Minorities, 
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. 
"(b) SPECIAL CONSIDERATION.—In approving applications under 
this title, the Secretary shall give special consideration to the degree 
to which the program for which assistance is sought involves the 
collaborative efforts of institutions of higher education, community-
based organizations, the appropriate State educational agency, or 
any other private organization. 
"SEC. 3009. PROHIBITIONS. 
20 USC 3029. 
"Grants under this title may not be used for consultants, for 
transportation, or for any activity which does not augment academic 
improvement. 
"SEC. 3010. LIMITATION ON PAYMENTS. 
20 USC 3030. 
"(a) LIMITATION ON DURATION AND PROGRESS.—No local edu-
cational agency may receive a grant 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) LIMITATION ON PLANNING FUNDS.—No local educational 
agency may expend more than 10 percent of the amount that the 
agency receives in any fiscal year for planning. 
"(c) SPECIAL RULE ON CHAPTER 2 FUNDS.—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 
title I of this Act in any school district of any local educational 
agency within such State because of assistance made or to be made 
available to such agency under this title. 
102 STAT. 234 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 3031. 
"SEC. 3011. PAYMENTS. 
"(a) GENERAL RULE.—(1) The Secretary shall pay to each local 
educational agency having an application approved under this title 
the amount set forth in the application. 
"(2) Notwithstanding section 412 of the General Education Provi-
sions Act, not more than 15 percent of funds available for each fiscal 
year for the purposes of this title may remain available to local 
educational agencies for obligation and expenditure during the 
succeeding fiscal year pursuant to such section. The provisions of 
this subsection shall not apply if grants are not awarded in a timely 
manner. 
"(3) The Secretary may not reduce any payment under this title 
for any fiscal year by any amount on the basis of the availability of 
funds pursuant to sections 412 (b) and (c) of the General Education 
Provisions Act. 
"(4) Payments under this title for a fiscal year shall remain 
available for obligation and expenditure by the recipient until the 
end of the succeeding fiscal year, except that no such agency shall 
receive more than $4,000,000 under this title in any one grant cycle. 
Grants. 
"(b) AwARD REQUIREMENT.—To the extent practicable, for any 
fiscal year, the Secretary shall award grants to local educational 
agencies under this title no later than June 30 of the applicable 
fiscal year. 
20 use 3032. 
"SEC. 3012. WITHHOLDING. 
"The provisions of sections 453 and 454 of the General Education 
Provisions Act, relating to withholding and cease and desist orders, 
shall apply to the program authorized by this title. 
"TITLE IV—SPECIAL PROGRAMS 
Women's 
Educational 
Equity Act. 
20 use 3041. 
20 use 3042. 
Grants. 
Contracts. 
"PART A—WOMEN'S EDUCATIONAL EQUITY 
"SEC. 4001. SHORT TITLE; FINDINGS AND STATEMENT OF PURPOSE. 
"(a) SHORT TITLE.—This part may be cited as the 'Women's Edu-
cational Equity Act'. 
"(b) FINDINGS AND STATEMENT OF PURPOSE.—(1) The Congress 
finds and declares that educational programs in the United States, 
as presently conducted, are frequently inequitable as such programs 
relate to women and frequently limit the full participation of all 
individuals in American society. The Congress finds and declares 
that excellence in education cannot be achieved without equity for 
women and girls. 
"(2) It is the purpose of this part to provide educational equity for 
women in the United States and to provide financial assistance to 
enable educational agencies and institutions to meet the require-
ments of title IX of the Education Amendments of 1972. It is also the 
purpose of this part to provide educational equity for women and 
girls who suffer multiple discrimination, bias, or stereotyping based 
on sex and on race, ethnic origin, disability, or age. 
"SEC. 4002. PROGRAM AUTHORIZED. 
"(a) AUTHORIZATION.—The Secretary is authorized to make grants 
to, and enter into contracts with, public agencies, private nonprofit 
agencies, organizations, and institutions, including student and 
community groups, and individuals, for activities designed to 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 235 
achieve the purpose of this part at all levels of education, including 
preschool, elementary and secondary education, higher education, 
and adult education. The activities may include— 
(1) demonstration, developmental, and dissemination activi-
ties of national, statewide, or general significance, including— 
"(A) the development, where such materials are commer-
cially unavailable, and evaluation of curricula, textbooks, 
and other educational materials related to educational 
equity; 
"(B) model preservice and inservice training programs for 
educational personnel with special emphasis on programs 
and activities designed to provide educational equity; 
"(C) research and development activities designed to 
advance educational equity; 
"(D) guidance and counseling activities, including the 
development of nondiscriminatory tests, designed to ensure 
educational equity; 
"(E) educational activities to increase opportunities for 
adult women, including continuing educational activities 
and programs for underemployed and unemployed women; 
and 
"(F) the expansion and improvement of educational pro-
grams and activities for women in vocational education, 
career education, physical education, and educational 
administration; and 
"(2) assistance to eligible entities to pay a portion of the costs 
of the establishment and operation, for a period of not to exceed 
2 years, of special programs and projects of local significance to 
provide equal opportunities for both sexes, including activities 
listed in paragraph (1), activities incident to achieving compli-
ance with title IX of the Education Amendments of 1972 and 
other special activities designed to achieve the purposes of this 
part. 
Not less than 75 percent of funds used to support activities described 
by paragraph (2) shall be used for awards to local educational 
agencies. The Secretary shall ensure that at least 1 grant or contract 
is available during each fiscal year for the performance of each of 
the activities described in paragraph (1) of this subsection. 
"(b) LIMITATION.—For each fiscal year, the Secretary shall use 
$4,500,000 from the funds available under this part to support 
activities described in paragraph (1) of subsection (a). Any funds in 
excess of $4,500,000 available under this part may be used to support 
new activities described in paragraph (1) or to support activities 
described in paragraph (2), or both. 
"SEC. 4003. APPLICATION; PARTICIPATION. 
20 USC 3043. 
"(a) APPLICATION.—A grant may be made, and a contract may be 
Grants, 
entered into, under this part only upon application to the Secretary, 
Contracts. 
at such time, in such form, and containing or accompanied by such 
information as the Secretary may prescribe. Each such application 
shall— 
"(1) provide that the program or activity for which assistance 
is sought will be administered by or under the supervision of the 
applicant; 
"(2) describe a program for carrying out one or more of the 
purposes set forth in section 4001(b) which holds promise of 
102 STAT. 236 
PUBLIC LAW 100-297—APR. 28, 1988 
making a substantial contribution toward attaining such pur-
poses; and 
"(3) set forth policies and procedures which insure adequate 
evaluation of the activities intended to be carried out under the 
application, including where appropriate an evaluation or esti-
mate of the potential for continued significance following 
completion of the grant period. 
"(b) SPECIAL RULE.—In approving applications under this part, the 
Secretary shall give special consideration to— 
"(1) applications submitted by applicants that have not 
received assistance under this part or under part C of title IX of 
the Elementary and Secondary Education Act of 1965 (as in 
effect prior to October 1,1988); and 
"(2) proposals from applicants on the basis of geographic 
distribution throughout the United States. 
Discrimination, 
"(c) LIMITATION,—Nothing in this part shall be construed as 
prohibition. 
prohibiting men and boys from participating in any programs or 
activities assisted under this part. 
20 use 3044. 
"SEC. 4004. CHALLENGE GRANTS. 
"(a) PURPOSE.—In addition to the authority of the Secretary under 
section 4002, the Secretary shall carry out a program of challenge 
grants (as part of the grant program administered under section 
4002(a)(1)), not to exceed $40,000 each, in order to support projects to 
develop— 
"(1) comprehensive plans for implementation of equity pro-
grams at every educational level; 
"(2) innovative approaches to school-community partnerships; 
"(3) new dissemination and replication strategies; and 
"(4) other innovative approaches to achieving the purposes of 
this part. 
"(b) GRANT RECIPIENTS.—For the purpose described in paragraphs 
(1) through (4) of subsection (a), the Secretary is authorized to make 
grants to public agencies and private nonprofit organizations and 
consortia of these groups and to individuals. 
20 use 3045. 
"SEC. 4005. CRITERIA AND PRIORITIES. 
"The Secretary shall establish separate criteria and priorities for 
awards under sections 4002(a)(1) and 4002(a)(2) under this part to 
insure that available funds are used for programs that most effec-
tively will achieve the purposes of this part. The criteria and 
priorities shall be promulgated in accordance with section 431 of the 
General Education Provisions Act. 
20 use 3046. 
"SEC. 4006. REPORTS, EVALUATION, AND DISSEMINATION. 
"(a) REPORTS.—The Secretary shall, from funds authorized under 
this part, not later than September 30,1992, submit to the President 
and the Congress a report setting forth the programs and activities 
assisted under this part, and provide for the distribution of this 
report. 
"0)) EVALUATION AND DISSEMINATION.—The Secretary, through 
the Office of Educational Research and Improvement, shall evaluate 
and disseminate (at low cost) materials and programs developed 
under this part. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 237 
Jacob K. Javits 
Gifted and 
Talented 
Students 
Education Act of 
1988 
20 use 3061. 
20 use 3062. 
"SEC. 4007. AUTHORIZATION OF APPROPRIATIONS. 
20 USe 3047. 
"There are authorized to be appropriated $9,000,000 for the fiscal 
year 1989, and such sums as may be necessary for each of the fiscal 
years 1990, 1991, 1992, and 1993, to carry out the provisions of this 
part. 
"PART B—GIFTED AND TALENTED CHILDREN 
"SEC. 4101. SHORT TITLE. 
"This part may be referred to as the 'Jacob K. Javits Gifted and 
Talented Students Education Act of 1988'. 
"SEC. 4102. FINDINGS AND PURPOSES. 
"(a) FINDINGS.—The Congress finds and declares that— 
"(1) gifted and talented students are a national resource vital 
to the future of the Nation and its security and well-being; 
"(2) unless the special abilities of gifted and talented students 
are recognized and developed during their elementary and 
secondary school years, much of their special potential for 
contributing to the national interest is likely to be lost; 
"(3) gifted and talented students from economically disadvan-
taged families and areas, and students of limited English pro-
ficiency are at greatest risk of being unrecognized and of not 
being provided adequate or appropriate educational services; 
"(4) State and local educational agencies and private non-
profit schools often lack the necessary specialized resources to 
plan and implement effective programs for the early identifica-
tion of gifted and talented students for the provision of edu-
cational services and programs appropriate to their special 
needs; and 
"(5) the Federal Government can best carry out the limited 
but essential role of stimulating research and development and 
personnel training, and providing a national focal point of 
information and technical assistance, that is necessary to 
ensure that our Nation's schools are able to meet the special 
educational needs of gifted and talented students, and thereby 
serve a profound national interest. 
"(b) STATEMENT OF PURPOSE.—It is the purpose of this part to 
provide financial assistance to State and local educational agencies, 
institutions of higher education, and other public and private agen-
cies and organizations, to initiate a coordinated program of research, 
demonstration projects, personnel training, and similar activities 
designed to build a nationwide capability in elementary and second-
ary schools to identify and meet the special educational needs of 
gifted and talented students. It is also the purpose of this part to 
supplement and make more effective the expenditure of State and 
local funds, and of Federal funds made available under chapter 2 of 
title I of this Act and title II of this Act, for the education of gifted 
and talented students. 
"SEC. 4103. DEFINITIONS. 
20 USC 3063. 
"For the purposes of this part: 
"(1) "The term 'gifted and talented students' means children 
and youth who give evidence of high performance capability in 
areas such as intellectual, creative, artistic, or leadership capac-
ity, or in specific academic fields, and who require services or 
102 STAT. 238 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 3064. 
Clontracts. 
Grants. 
Indians. 
Grants. 
Contracts. 
activities not ordinarily provided by the school in order to fully 
develop such capabilities. 
"(2) The term 'institution of higher education' has the same 
meaning given such term in section 435(b) of the Higher Edu-
cation Act of 1965. 
"(3) The term 'Hawaiian native' means any individual any of 
whose ancestors were natives prior to 1778 of the area which 
now comprises the State of Hawaii. 
"(4) The term 'Hawaiian native organization' means any 
organization recognized by the Governor of the State of Hawaii 
primarily serving and representing Hawaiian natives. 
"SEC. 4104. AUTHORIZED PROGRAMS. 
"(a) ESTABLISHMENT OF PROORAM.—From the sums appropriated 
under section 4108 in any fiscal year the Secretary (after consulta-
tion with experts in the field of the education of gifted and talented 
students) shall make grants to or enter into contracts with State 
educational agencies, local educational agencies, institutions of 
higher education, or other public agencies and private agencies and 
organizations (including Indian tribes and organizations as defined 
by the Indian Self-Determination and Education Assistance Act and 
Hawaiian native organizations) to assist such agencies, institutions, 
and organizations which submit applications in carrying out pro-
grams or projects authorized by this Act that are designed to meet 
the educational needs of gifted and talented students, including the 
training of personnel in the education of gifted and talented stu-
dents or in supervising such personnel. 
"(b) USES OF FUNDS.—Programs and projects assisted under this 
section may include— 
"(1) preservice and inservice training (including fellowships) 
for personnel (including leadership personnel) involved in the 
education of gifted and talented students; 
"(2) establishment and operation of model projects and exem-
plary programs for the identification and education of gifted 
and talented students, including summer programs and co-
operative programs involving business, industry, and education; 
"(3) strengthening the capability of State educational agencies 
and institutions of higher education to provide leadership and 
assistance to local educational agencies and nonprofit private 
schools in the planning, operation, and improvement of pro-
grams for the identification and education of gifted and talented 
students; 
"(4) programs of technical assistance and information dissemi-
nation; and 
"(5) carrying out (through the National Center for Research 
and Development in the Education of Gifted and Talented 
Children and Youth established pursuant to subsection (c))— 
"(A) research on methods and techniques for identifying 
and teaching gifted and talented students, and 
"(B) program evaluations, surveys, and the collection, 
analysis, and development of information needed to accom-
plish the purposes of this part. 
"(c) ESTABLISHMENT OF NATIONAL CENTER.—The Secretary (after 
consultation with experts in the field of the education of gifted and 
talented students) shall establish a National Center for Research 
and Development in the Education of Gifted and Talented Children 
and Youth through grants to or contracts with one or more institu-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 239 
tions of higher education or State educational agencies, or a com-
bination or consortium of such institutions and agencies, for the 
purpose of carrying out clause (5) of subsection (b). Such National 
Center shall have a Director. The Secretary may authorize the 
Director to carry out such functions of the National Center as may 
be agreed upon through arrangements with other institutions of 
higher education. State or local educational agencies, or other public 
or private agencies and organizations. 
"(d) LIMITATION.—Not more than 30 percent of the funds available 
in any fiscal year to carry out the programs and projects authorized 
by this section may be used for the conduct of activities pursuant to 
subsections (b)(5) or (c). 
"SEC. 4105. PROGRAM PRIORITIES. 
"(a) GENERAL PRIORITY.—In the administration of this part the 
Secretary shall give highest priority— 
"(1) to the identification of gifted and talented students who 
may not be identified through traditional assessment methods 
(including economically disadvantaged individuals, individuals 
of limited English proficiency, and individuals with handicaps) 
and to education programs designed to include gifted and tal-
ented students from such groups; and 
"(2) to programs and projects designed to develop or improve 
the capability of schools in an entire State or region of the 
Nation through cooperative efforts and participation of State 
and local educational agencies, institutions of higher education, 
and other public and private agencies and organizations (includ-
ing business, industry, and labor), to plan, conduct, and improve 
programs for the identification and education of gifted and 
talented students. 
"(b) SERVICE PRIORITY.—In approving applications under section 
4104(a) of this part, the Secretary shall assure that in each fiscal 
year at least one-half of the applications approved contain a compo-
nent designed to serve gifted and talented students who are 
economically disadvantaged individuals. 
"SEC. 4106. PARTICIPATION 
OF PRIVATE SCHOOL CHILDREN AND 
TEACHERS. 
"In making grants and entering into contracts under this Act, the 
Secretary shall ensure, where appropriate, that provision is made 
for the equitable participation of students and teachers in private 
nonprofit elementary and secondary schools, including the partici-
pation of teachers and other personnel in preservice and inservice 
training programs for serving such children. 
"SEC. 4107. ADMINISTRATION. 
"The Secretary shall establish or designate an administrative unit 
within the Department of Education— 
"(1) to administer the programs authorized by this part, 
"(2) to coordinate all programs for gifted and talented stu-
dents administered by the Department, and 
"(3) to serve as a focal point of national leadership and 
information on the educational needs of gifted and talented 
students and the availability of educational services and pro-
grams designed to meet those needs. 
The administrative unit established or designated pursuant to this 
section shall be headed by a person of recognized professional 
20 use 3065. 
Disadvantaged 
persons. 
Handicapped 
persons. 
Disadvantaged 
persons. 
20 use 3066. 
Grants. 
Contracts. 
20 use 3067. 
102 STAT. 240 
PUBLIC LAW 100-297—APR. 28, 1988 
qualifications and experience in the field of the education of gifted 
and talented students. 
20 use 3068. 
"SEC. 4108. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated $20,000,000 for the fiscal 
year 1989 and such sums as may be necessary for each of the fiscal 
years 1990, 1991, 1992, and 1993, to carry out the provisions of this 
part. 
"PART C—ALLEN J. ELLENDER FELLOWSHIP PROGRAM 
20 u s e 3081. 
"SEC. 4301. FINDINGS. 
"The Congress makes the following findings: 
"(1) Allen J. EUender, a Senator from Louisiana and Presi-
dent pro tempore of the United States Senate, had a distin-
guished career in public service characterized by extraordinary 
energy and real concern for young people and the development 
of greater opportunities for active and responsible citizenship by 
young people. 
"(2) Senator 
Ellender 
provided 
valuable 
support 
and 
encouragement to the Close Up Foundation, a nonpartisan, 
nonprofit foundation promoting knowledge and understanding 
of the Federal Government among young people and their 
educators. 
"(3) It is a fitting and appropriate tribute to the beloved 
Senator Ellender to provide in his name an opportunity for 
participation, by students of limited economic means and by 
their teachers, in the program supported by the Close Up 
Foundation. 
Grants. 
'Subpart 1—Program for Secondary School Students and 
Teachers 
20 u s e 3091. 
Close Up 
Foundation. 
District of 
Columbia. 
Disadvantaged 
persons. 
20 u s e 3092. 
"SEC. 4311. ESTABLISHMENT. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to make 
grants in accordance with the provisions of this subpart to the Close 
Up Foundation of Washington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting the Close Up 
Foundation in carrying out its program of increasing understanding 
of the Federal Government among secondary school students, their 
teachers, and the communities they represent. 
"(h) USE OF FUNDS.—Grants under this subpart shall be used only 
for financial assistance to economically disadvantaged students and 
their teachers who participate in the program described in subsec-
tion (a) of this section. Financial assistance received pursuant to this 
subpart by such students and teachers shall be known as Allen J. 
Ellender fellowships. 
"SEC. 4312. APPLICATIONS. 
"(a) APPLICATION REQUIRED.—No grant under this subpart may be 
made except upon an application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require. 
"0)) CONTENTS OF APPLICATION.—Each such application shall con-
tain provisions to assure— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 241 
"(1) that fellowship grants are made to economically dis-
advantaged secondary school students, and to secondary school 
teachers; 
"(2) that not more than 1 secondary school teacher in each 
such school participating in the program may receive a fellow-
ship grant in any fiscal year; 
"(3) that every effort will be made to ensure the participation 
of students and teachers from rural and small town areas, as 
well as from urban areas, and that in awarding fellowships to 
economically disadvantaged students, special consideration will 
be given to the participation of students with special edu-
cational needs, including handicapped students, students from 
recent immigrant families, ethnic minority students, gifted and 
talented students, and students of migrant parents; and 
"(4) the proper disbursement of the funds of the United States 
received under this part. 
"Subpart 2—Programs for Older Americans and Recent 
Immigrants 
"SEC. 4321. ESTABLISHMENT. 
"(a) GENERAL AUTHORITY.—(1) The Secretary is authorized to 
make grants in accordance with the provisions of this subpart to the 
Close Up Foundation of Washington, District of Columbia, a non-
partisan, nonprofit foundation, for the purpose of assisting the Close 
Up Foundation in carrying out its programs of increasing under-
standing of the Federal Government among economically disadvan-
taged older Americans and recent immigrants. 
"(2) For the purpose of this subpart, the term 'older American' 
means an individual who has attained 55 years of age. 
"(b) USE OF FUNDS.—Grants under this subpart shall be used only 
for financial assistance to economically disadvantaged older Ameri-
cans and recent immigrants who participate in the program de-
scribed in subsection (a) of this section. Financial assistance received 
pursuant to this subpart by such individuals shall be known as 
Allen J. EUender fellowships. 
"SEC. 4322. APPLICATIONS. 
"(a) APPUCATION REQUIRED.—No grant under this subpart may be 
made except upon application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require. 
"(b) CONTENTS OF APPUCATION.—Each such application shall con-
tain provisions to assure— 
"(1) that fellowship grants are made to economically dis-
advantaged older Americans and recent immigrants; 
"(2) that every effort will be made to ensure the participation 
of older Americans and recent immigrants from rural and small 
town areas, as well as from urban areas, and that in awarding 
fellowships, special consideration will be given to the participa-
tion of older Americans and recent immigrants with special 
needs, including handicapped individuals and ethnic minorities; 
"(3) that activities permitted by section 4321 are fully de-
scribed; and 
"(4) the proper disbursement of the funds of the United States 
received under this part. 
Disadveintaged 
persons. 
Rural areas. 
Urban areas. 
Disadvantaged 
persons. 
Handicapped 
persons. 
Minorities. 
Grants. 
20 u s e 3101. 
Close Up 
Foundation. 
District of 
Columbia. 
20 u s e 3102. 
Rural areas. 
Urban areas. 
Handicapped 
persons. 
Minorities. 
102 STAT. 242 
PUBLIC LAW 100-297—APR. 28, 1988 
"Subpart 3—General Provisions 
20 u s e 3111. 
"SEC. 4331. ADMINISTRATIVE PROVISIONS. 
"(a) GENERAL RULE.—Payments under this part may be made in 
installments, in advance, or by way of reimbursement, with nec-
essary adjustments on account of underpayment or overpayment. 
"(b) AUDIT RULE.—The Comptroller General of the United States 
or any of the Comptroller General's duly authorized representatives 
shall have access for the purpose of audit and examination to any 
books, documents, papers, and records that are pertinent to any 
grant under this part. 
20 u s e 3112. 
"SEC. 4332. AUTHORIZATION OF APPROPRIATIONS. 
"(a) AUTHORIZATION FOR SUBPART 1.—There are authorized to be 
appropriated to carry out the provisions of subpart 1 of this part 
$3,000,000 for fiscal year 1989 and such sums as may be necessary 
for each of the fiscal years 1990 through 1993. 
"(b) AUTHORIZATION FOR SUBPART 2.—(1) There are authorized to 
be appropriated to carry out the provisions of subpart 2 of this part 
$2,000,000 for fiscal year 1989 and such sums as may be necessary 
for each of the fiscal years 1990 through 1993. 
"(2) No funds may be appropriated pursuant to paragraph (1) for 
the fiscal year 1989 unless amounts appropriated pursuant to 
subsection (a) for such fiscal year total not less than $2,500,000. In 
each of the fiscal years 1990 through 1993, no funds may be appro-
priated pursuant to paragraph (1) unless sufficient amounts are 
appropriated pursuant to subsection (a) for the fiscal year to carry 
out activities under subpart 1 of this part at the level established 
during the fiscal year 1989. 
Emergency 
"PART D—IMMIGRANT EDUCATION 
Immigrant 
Education Act 
"SEC. 4401. SHORT TITLE. 
of 1984. 
20 use 3121. 
"This part may be cited as the 'Emergency Immigrant Education 
Act of 1984'. 
20 u s e 3122. 
"SEC. 4402. DEFINITIONS. 
"As used in this part— 
"(1) The term 'immigrant children' means children who were 
not born in any State and who have been attending schools in 
any 1 or more States for less than 3 complete academic years. 
"(2) The term 'elementary or secondary nonpublic schools' 
means schools which comply with the applicable compulsory 
attendance laws of the State and which are exempt from tax-
ation under section 501(cX3) of the Internal Revenue Code of 
1954. 
20 use 3123. 
"SEC. 4403. AUTHORIZATIONS AND ALLOCATION OF APPROPRIATIONS. 
"(a) AUTHORIZATIONS OF APPROPRIATIONS.—There are authorized 
to be appropriated to make payments to which State educational 
agencies are entitled under this part and payments for administra-
tion under section 4404 $30,000,000 for the fiscal year 1985, 
$40,000,000 for each of the fiscal years 1986, 1987, 1988, and 1989, 
and such sums as may be necessary for each of the fiscal years 1990, 
1991,1992, and 1993. 
"(b) ALLOCATION OF APPROPRIATIONS.—(1) If the sums appropriated 
for any fiscal year to make payments to States under this part are 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 243 
not sufficient to pay in full the sum of the amounts which State 
educational agencies are entitled to receive under this part for such 
year, the allocations to State educational agencies shall be ratably 
reduced to the extent necessary to bring the aggregate of such 
allocations within the limits of the amounts so appropriated. 
"(2) In the event that funds become available for making pay-
ments under this part for any period after allocations have been 
made under paragraph (1) of this subsection for such period, the 
amounts reduced under such paragraph shall be increased on the 
same basis as they were reduced. 
"SEC. 4404. STATE ADMINISTRATIVE COSTS. 
20 USC 3124. 
"The Secretary is authorized to pay to each State educational 
agency amounts equal to the amounts expended by it for the proper 
and efficient administration of its functions under this part, except 
that the total of such payments for any period shall not exceed 1.5 
per centum of the amounts which that State educational agency is 
entitled to receive for that period under this part. 
"SEC. 4405. WITHHOLDING. 
20 USC 3125. 
"Whenever the Secretary, after reasonable notice and opportunity 
for a hearing to any State educational agency, finds that there is a 
failure to meet the requirements of any provision of this part, the 
Secretary shall notify that agency that further payments will not be 
made to the agency under this part, or in the discretion of the 
Secretary, that the State educational agency shall not make further 
payments under this part to specified local educational agencies 
whose actions cause or are involved in such failure until the Sec-
retary is satisfied that there is no longer any such failure to comply. 
Until the Secretary is so satisfied, no further payments shall be 
made to the State educational agency under this part, or payments 
by the State educational agency under this part shall be limited to 
local educational agencies whose actions did not cause or were not 
involved in the failure, as the case may be. 
"SEC. 4406. STATE ENTITLEMENTS. 
20 USC 3126. 
"(a) PAYMENTS.—The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational 
agencies for each of the fiscal years 1985 through 1993 for the 
purpose set forth in section 4407. 
"(b) ENTITLEMENTS.—(1) Except as provided in paragraph (3) and 
in subsections (c) and (d) of this section, the amount of the grant to 
which a State educational agency is entitled under this part shall be 
equal to the product of (A) the number of immigrant children 
enrolled during such fiscal year in elementary and secondary public 
schools under the jurisdiction of each local educational agency 
described under paragraph (2) within that State, and in any ele-
mentary or secondary nonpublic school within the district served by 
each such local educational agency, multiplied by (B) $500. 
"(2) The local educational agencies referred to in paragraph (1) are 
those local educational agencies in which the sum of the number of 
immigrant children who are enrolled in elementary or secondary 
public schools under the jurisdiction of such agencies, and in ele-
mentary or secondary nonpublic schools within the districts served 
by such agencies, during the fiscal year for which the payments are 
to be made under this part, is equal to— 
"(A) at least 500; or 
102 STAT. 244 
PUBLIC LAW 100-297—APR. 28, 1988 
"(B) at least 3 percent of the total number of students enrolled 
in such public or nonpublic schools during such fiscal year; 
whichever number is less. 
"(3)(A) The amount of the grant of any State educational agency 
for any fiscal year as determined under paragraph (1) shall be 
reduced by the amounts made available for such fiscal year under 
any other Federal law for expenditure within the State for the same 
purpose as those for which funds are available under this part, but 
such reduction shall be made only to the extent that (i) such 
amounts are made available for such purpose specifically because of 
the refugee, parollee, asylee, or other immigrant status of the 
individuals served by such funds, and (ii) such amounts are made 
available to provide assistance to individuals eligible for services 
under this part. 
"(B) No reduction of a grant under this part shall be made under 
subparagraph (A) for any fiscal year if a reduction is made, pursuant 
to a comparable provision in any such other Federal law, in the 
amount made available for expenditure in the State for such fiscal 
year under such other Federal law, based on the amount assumed to 
be available under this part. 
"(c) DETERMINATIONS OF NUMBER OF CHILDREN.—(1) Determina-
tions by the Secretary under this section for any period with respect 
to the number of immigrant children shall be made on the basis of 
data or estimates provided to the Secretary by each State edu-
cational agency in accordance with criteria established by the 
Secretary, unless the Secretary determines, after notice and oppor-
tunity for a hearing to the affected State educational agency, that 
such data or estimates are clearly erroneous. 
"(2) No such determination with respect to the number of im-
migrant children shall operate because of an underestimate or 
overestimate to deprive any State educational agency of its entitle-
ment to any payment (or the amount thereof) under this section to 
which such agency would be entitled had such determination been 
made on the basis of accurate data. 
"(d) REALLOCATION.—Whenever the Secretary determines that 
any amount of a payment made to a State under this part for a 
fiscal year will not be used by such State for carrying out the 
purpose for which the payment was made, the Secretary shall make 
such amount available for carrying out such purpose to 1 or more 
other States to the extent the Secretary determines that such other 
States will be able to use such additional amount for carrying out 
such purpose. Any amount made available to a State from an 
appropriation for a fiscal year in accordance with the preceding 
sentence shall, for purposes of this part, be regarded as part of such 
State's payment (as determined under subsection (b)) for such year, 
but shall remain available until the end of the succeeding fiscal 
year. 
20 u s e 3127. 
"SEC. 4407. USES OF FUNDS. 
"(a) 
SUPPLEMENTARY EDUCATIONAL SERVICES AND COSTS.—Pay-
ments made under this part to any State may be used in accordance 
with applications approved under section 4408 for supplementary 
educational services and costs, as described under subsection (b) of 
this section, for immigrant children enrolled in the elementary and 
secondary public schools under the jurisdiction of the local edu-
cational £igencies of the State described in section 4406(bX2) and in 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 245 
elementary and secondary nonpublic schools of that State within 
the districts served by such agencies. 
"(b) KINDS OF SERVICES AND COSTS.—Financial assistance provided 
under this part shall be available to meet the costs of providing 
immigrant children supplementary educational services, including 
but not limited to— 
"(1) supplementary educational services necessary to enable 
those children to achieve a satisfactory level of performance, 
including— 
"(A) English language instruction; 
"(B) other bilingual educational services; and 
"(C) special materials and supplies; 
"(2) additional basic instructional services which are directly 
attributable to the presence in the school district of immigrant 
children, including the costs of providing additional classroom 
supplies, overhead costs, costs of construction, acquisition or 
rental of space, costs of transportation, or such other costs as 
are directly attributable to such additional basic instructional 
services; and 
"(3) essential inservice training for personnel who will be 
providing instruction described in either paragraph (1) or (2) of 
this subsection. 
"SEC. 4408. APPLICATIONS. 
20 USC 3128. 
"(a) SUBMISSION.—No State educational agency shall be entitled to 
any payment under this part for any period unless that agency 
submits an application to the Secretary at such time, in such 
manner, and containing or accompanied by such information, as the 
Secretary may reasonably require. Each such application shall— 
"(1) provide that the educational programs, services, and 
activities for which payments under this part are made will be 
administered by or under the supervision of the agency; 
"(2) provide assurances that payments under this part will be 
used for purposes set forth in section 4407; 
"(3) provide assurances that such payments will be distrib-
uted among local educational agencies within that State on the 
basis of the number of children counted with respect to such 
local educational agency under section 4406(b)(1), adjusted to 
reflect any reductions imposed pursuant to section 4406(b)(3) 
which are attributable to such local educational agency; 
"(4) provide assurances that the State educational agency will 
not finally disapprove in whole or in part any application for 
funds received under this part without first affording the local 
educational agency submitting an application for such funds 
reasonable notice and opportunity for a hearing; 
"(5) provide for making such reports as the Secretary may Reports, 
reasonably require to perform the functions under this part; 
and 
"(6) provide assurances— 
"(A) that to the extent consistent with the number of 
immigrant children enrolled in the elementary or second-
ary nonpublic schools within the district served by a local 
educational agency, such agency, after consultation with 
appropriate officials of such schools, shall provide for the 
benefit 
of 
these 
children 
secular, 
neutral, 
and 
nonideological services, materials, and equipment nec-
essary for the education of such children; 
102 STAT. 246 
PUBLIC LAW 100-297—APR. 28, 1988 
"(B) that the control of funds provided under this part 
and title to any materials, equipment, and property 
repaired, remodeled, or constructed with those funds shall 
be in a public agency for the uses and purposes provided in 
this part, and a public agency shall administer such funds 
and property; and 
Contracts. 
"(C) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or 
through contract by such public agency with a person, 
association, agency, or corporation who or which, in the 
provision of such services, is independent of such ele-
mentary or secondary nonpublic school and of any religious 
organization; and such employment or contract shall be 
under the control and supervision of such public agency, 
and the funds provided under this paragraph shall not be 
commingled with State or local funds. 
"(b) APPROVAL OF APPLICATION.—The Secretary shall approve an 
application which meets the requirements of subsection (a). The 
Secretary shall not finally disapprove an application of a State 
educational agency except after reasonable notice and opportunity 
for a hearing on the record to such agency. 
20 use 3129. 
"SEC. 4409. PAYMENTS. 
"(a) AMOUNT.—Except as provided in section 4403(b), the Sec-
retary shall pay to each State educational agency having an applica-
tion approved under section 4408 the amount which that State is 
entitled to receive under this part. 
"(b) SERVICES TO CHILDREN ENROLLED IN NONPUBLIC SCHOOLS.—If 
by reason of any provision of law a local educational agency is 
prohibited from providing educational services for children enrolled 
in elementary and secondary nonpublic schools, as required by 
section 4408(a)(6), or if the Secretary determines that a local edu-
cational agency has substantially failed or is unwilling to provide for 
the participation on an equitable basis of children enrolled in such 
schools, the Secretary may waive such requirement and shall 
arrange for the provision of services to such children through 
arrangements which shall be subject to the requirements of this 
part. Such waivers shall be subject to consultation, withholding, 
notice, and judicial review requirements in accordance with the 
provisions of chapter 1 of title I. 
20 use 3130. 
"SEC. 4410. REPORTS. 
"(a) BIENNIAL REPORT.—Each State educational agency receiving 
funds under this part shall submit, biennially, a report to the 
Secretary concerning the expenditure of funds by local educational 
agencies under this part. Each local educational agency receiving 
funds under this part shall submit to the State educational agency 
such information as may be necessary for such report. 
"(b) REPORT TO CONGRESS.—The Secretary shall submit biannually 
a report to the appropriate committees of the Congress concerning 
programs under this part. 
"PART E—TERRITORIAL ASSISTANCE 
20 u s e 3141. 
Appropriation 
authorization. 
"SEC. 4501. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS. 
"There are authorized to be appropriated $5,000,000 for the fiscal 
year 1989 and for each of the 4 subsequent fiscal years, for the 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 247 
purpose of providing general assistance to improve public education 
in the Virgin Islands. 
"SEC. 4502. TERRITORIAL TEACHER TRAINING ASSISTANCE. 
"There are authorized to be appropriated $2,000,000 for the fiscal 
year 1989 and for each of the 4 subsequent fiscal years for the 
purpose of assisting teacher training programs in Guam, American 
Samoa, the Virgin Islands, the Northern Mariana Islands, and the 
Trust Territory of the Pacific Islands. From the sums appropriated 
pursuant to this section the Secretary shall make grants and enter 
into contracts for the purpose of providing training to teachers in 
schools in Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands. The 
Secretary may make grants to or contracts with any organization 
considered qualified to provide training for teachers in such schools 
and shall allot such sums among such territories on the basis of the 
need for such training. 
"PART F—SECRETARY'S FUND FOR INNOVATION IN 
EDUCATION 
"SEC. 4601. PROGRAM AUTHORIZED. 
"(a) GENERAL AUTHORITY.—(1) From funds appropriated under 
this part, the Secretary is authorized to carry out programs and 
projects which show promise of identifying and disseminating 
innovative educational approaches. 
"(2) The Secretary, in carrying out the provisions of this part, is 
authorized to— 
"(A) develop, prepare, and conduct an optional test for aca-
demic excellence in accordance with section 4602; 
"(B) carry out programs for technology education in accord-
ance with section 4603; 
"(C) strengthen and expand computer education resources 
available in public and private elementary and secondary 
schools in accordance with section 4604; and 
"(D) establish and strengthen comprehensive school health 
education programs in accordance with section 4605. 
"(b) ADMINISTRATIVE AUTHORITY.—The Secretary is authorized to 
carry out programs and projects under this section directly, or 
through grants to or contracts with State and local educational 
agencies, institutions of higher education, and other public and 
private agencies, organizations, and institutions. 
"SEC. 4602. OPTIONAL TESTS FOR ACADEMIC EXCELLENCE. 
"(a) TEST OF ACADEMIC EXCELLENCE AUTHORIZED.—The Secretary 
is authorized, after consultation with appropriate State and local 
educational agencies and public and private organizations, to 
approve oomprehensive tests of academic excellence or to develop 
such a test where commercially unavailable, to be administered to 
identify outstanding students who are in the eleventh grade of 
public and private secondary schools. 
"Ot)) PREPARATION AND CONDUCT OF TESTS.—(1) The Secretary is 
authorized to establish a program through arrangements with 
appropriate State educational agencies, local educational agencies, 
public and private secondary schools, and public and private 
organizations throughout the Nation, under which the tests of 
academic excellence prepared or approved under this part may be 
20 u s e 3142. 
Appropriation 
authorization. 
Grants. 
Contracts. 
20 u s e 3151. 
Grants. 
Contracts. 
20 use 3152. 
102 STAT. 248 
PUBLIC LAW 100-297—APR. 28, 1988 
Classified 
information. 
Communications 
and tele-
communications. 
20 use 3153. 
given by such agencies or schools, on a voluntary basis, to students 
described in this section. The tests of academic excellence shall be 
tests of acquired skills and knowledge appropriate for the comple-
tion of a secondary school education. Such students may file applica-
tions for the test at such time and in such manner as the Secretary 
may prescribe. Upon application by any appropriate agency or 
school by such time and in such manner as the Secretary may 
determine, the Secretary shall pay to such agency or school the cost 
of the administrative expenses it has incurred pursuant to an 
arrangement made under this section. 
"(2) The Secretary shall assure that the tests authorized by this 
part are conducted in a secure manner, and that test items remain 
confidential so that such items may be used in future tests. 
"(c) CERTIFICATE.—(1) The Secretary is authorized and directed to 
prepare a certificate, of such appropriate design as the Secretary 
shall prescribe, and in such numbers as are necessary, for issuance 
to students who have scored at a sufficiently high level, as deter-
mined by the Secretary, on a test of academic excellence prepared or 
approved under this subpart and given in accordance with arrange-
ments made under this section. Each such student shall be awarded 
a certificate within 60 days following the date on which the student 
was given the test. 
"(2) Each certificate awarded pursuant to this section shall be 
signed by the Secretary. 
"(d) REPORT.—The Secretary shall prepare and submit to the 
Congress a report on the estimated costs of administering, scoring, 
and analyzing the tests of academic excellence prepared or approved 
under this subpart. 
"SEC. 4603. TECHNOLOGY EDUCATION. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to develop 
materials for educational television and radio programming for use 
in elementary and secondary education, together with programs 
which use telecommunications and video resources for the instruc-
tion of public and private elementary and secondary school students 
and for related teacher training programs for public and private 
elementary and secondary school teachers. 
"(b) USES OF FUNDS.—Funds available to carry out this section 
may be used for— 
"(1) programs and projects which use such technology to 
address specifically the educational needs in critical subject 
matter areas; 
"(2) programs and projects to assist in the training of public 
and private elementary and secondary school teachers, adminis-
trators, and other educational personnel to use in the schools of 
such 
television 
programming, 
radio 
programming, 
tele-
communications programs, or video resources, or in the co-
ordination of such technology with the school curriculum; or 
"(3) educational television, educational radio, telecommuni-
cations or video resources programs or projects which promote a 
partnership between elementary and secondary schools, the 
parents of elementary and secondary students, State edu-
cational agencies, and institutions of higher education or the 
community in which such schools are located. 
"(c) DEFINITION.—For the purpose of this section the term 'tele-
communications' means the full range of technologies that can be 
used for educational instruction, including closed circuit television 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 249 
systems, educational television and radio broadcasting, cable tele-
vision, satellite transmission, computer laser discs, and video and 
audio discs and tapes. 
"SEC. 4604. PROGRAMS FOR COMPUTER-BASED INSTRUCTION. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to make 
grants and enter into contracts, as authorized by section 4601 for the 
purpose of strengthening and expanding computer education 
resources available in public and private elementary and secondary 
schools. 
"(b) USES OF FUNDS.—Projects assisted under this section may 
include— 
"(1) the acquisition and leasing of computer hardware for 
instructional purposes, including services necessary for the 
operation, installation, and maintenance of computer hardware; 
"(2) the acquisition of computer software and complementary 
instructional materials; or 
"(3) teacher training programs designed to improve the qual-
ity of instruction in computer education and to expand the use 
of computers in the curriculum. Such programs may make 
provision for teacher stipends at a rate of $275 per week for the 
period of attendance in such program. The Secretary may enter 
into cooperative agreements with the National Science Founda-
tion and other appropriate nonprofit agencies and organizations 
in carrying out programs under this section. 
"(c) SPECIAL RULE.—No grant may expend more than 25 percent 
for the acquisition of computer hardware. 
"(d) PLANNING REQUIREMENT.—No grant may be made under this 
section unless the applicant carries out planning activities designed 
to facilitate the use of Federal financial assistance under this sec-
tion for the expansion of computer resources in elementary or 
secondary schools. Such planning activities shall include— 
"(1) the goals for computer education in the schools; 
"(2) integration with the curriculum; 
"(3) where appropriate, provisions for computer use after 
school by students, parents, teachers, and adult learners; and 
"(4) standards for the evaluation of computer education 
programs. 
"SEC. 
4
6
0
5
. 
PROGRAMS FOR THE IMPROVEMENT OF COMPREHENSIVE 
SCHOOL 
HEALTH 
EDUCATION. 
"(a) GENERAL AUTHORITY.—The Secretary through the Office 
established under subsection (c) of this section, may— 
"(1) encourage State and local educational agencies to provide 
comprehensive school health education to the elementary and 
secondary school students in the schools of such agencies; 
"(2) provide technical support to State and local educational 
agencies on health education programs and curricula; 
"(3) make grants to State and local educational agencies in 
accordance with this section; 
"(4) provide an annual report on the progress of the Office 
(established under subsection (c)) and the status of school health 
education in the United States; 
"(5) cooperate with other Federal agencies carrying out school 
health education programs to ensure coordination of such pro-
grams; and 
"(6) advise the Secretary on school health education policy. 
Grants. 
Contracts. 
20 u s e 3154. 
20 u s e 3155. 
Grants. 
Reports. 
102 STAT. 250 
PUBLIC LAW 100-297—APR. 28, 1988 
Grants. 
E^stablishment. 
20 use 3156. 
Grants. 
Grants. 
Wages. 
"(b) USES OF FUNDS.—Grants under this section may be used to 
improve elementary and secondary education in the areas of— 
"(1) personal health and fitness; 
"(2) nutrition; 
"(3) mental and emotional health; 
"(4) prevention of chronic diseases; 
"(5) substance use and abuse; 
"(6) accident prevention and safety; 
"(7) community and environmental health; 
"(8) prevention and control of communicable diseases; 
"(9) effective use of the health services delivery system; and 
"(10) development and aging. 
"(c) OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.—The 
Secretary may establish within the Office of the Secretary an Office 
of Comprehensive School Health Education with the following 
responsibilities: 
"(1) To recommend mechanisms for the coordination of 
school health education programs conducted by various Federal 
agencies. 
"(2) To advise the Secretary on the formulation of school 
health education policy within the Department of Education. 
"(3) To disseminate information on the benefits to health 
education of utilizing a comprehensive health curriculum in 
schools. 
"SEC. 4606. ALTERNATIVE CURRICULUM SCHOOLS. 
"(a) STATEMENT OF PURPOSE.—It is the purpose of this section to 
assist— 
"(1) local educational agencies; 
"(2) consortia of such agencies; and 
"(3) intermediate educational units; 
which have significant percentsiges of minority students to establish 
and conduct programs which reflect a minority composition of at 
least 50 percent in the alternative curriculum school established by 
the applicant to strengthen the knowledge of elementary and 
secondary school students in academic subjects and to contribute to 
the desegregation of the schools of the applicant. 
"(b) EUGIBIUTY.—A local educational agency, consortium of such 
agencies, or intermediate educational unit, is eligible to receive a 
grant under this section if such agency, unit, or consortium submits 
an application which contains evidence of collaborative arrange-
ments between the applicant and an institution of higher education, 
a community-based organization, another local educational agency, 
an appropriate State educational agency, or any combination of 
such institutions, organizations, or agencies. 
"(c) USES OF FUNDS.—Grants under this section may be used for— 
"(1) planning and outreach activities directly related to 
expansion and enhancement of academic programs and services 
in the alternative curriculum school; 
"(2) the acquisition of books, materials, and equipment 
(including computers and the maintenance and operation 
thereof) necessary for the conduct of educational programs in 
the alternative curriculum school; and 
"(3) the payment, or subsidization of the compensation, of 
elementary and secondary school teachers who are certified or 
licensed by the State and who are necessary for the conduct of 
educational programs in the alternative curriculum school; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 251 
whenever such assistance is directly related to improving the knowl-
edge of mathematics, science, history, English, foreign languages, 
art, or music, or to improving the vocational skills of elementary 
and secondary school students. 
"(d) APPLICATIONS.—Each applicant desiring to receive a grant 
under this section shall submit an application in such form, in such 
manner, and containing or accompanied by such information as the 
Secretary may reasonably require. Each such application shall— 
"(1) provide assurances that the assistance will be used for the 
purposes described in subsection (c); 
"(2) provide assurances that the local educational agency or 
intermediate educational unit would have a minority composi-
tion of at least 65 percent, or in the case of a consortium, that at 
least one local educational agency would have a minority 
composition of 65 percent; 
"(3) provide assurances that the students served in the 
alternative curriculum school established reflect a minority 
composition of at least 50 percent; 
"(4) demonstrate the extent to which the alternative cur-
riculum school will contribute to desegregation in the local 
educational agency; 
"(5) demonstrate the extent to which the alternative curricu-
lum school will contribute to the improvements of the academic 
quality of the education offered by schools throughout the local 
educational agency; 
"(6) describe the collaborative efforts required by subsection 
(b); 
"(7) provide assurances that teachers will be employed in the 
courses of instruction assisted under this section who are cer-
tified or licensed by the State to teach the subject matter of the 
courses of instruction; 
"(8) provide assurances that the applicant will not engage in 
discrimination based upon race, religion, color, national origin, 
sex, or handicapping conditions in— 
"(A) hiring, promotion, or assignment of employees of the 
applicant or other personnel for whom the applicant has 
any administrative responsibility; 
"(B) the mandatory assignment of students to schools or 
to courses of instruction within schools of such applicant, 
except as is necessary to carry out an approved desegrega-
tion plan; and 
"(C) designing or operating extracurricular activities for 
students; 
"(9) describe how funds made available under this section will 
be used to promote integration and provide a high quality 
education program for local educational agencies with signifi-
cant concentrations of minority students; 
"(10) describe how such applicant will devote its resources to 
continuing the program when funds made available to it under 
this section may no longer be made available; and 
"(11) provide such other assurances as the Secretary deter-
mines necessary. 
"(e) UNUSED AMOUNTS.—In any fiscal year in which amounts are 
appropriated but not allocated under this section, the Secretary 
shall use such amounts to make grants under title III of this Act 
(relating to magnet schools). 
Grants. 
Minorities. 
Discrimination, 
prohibition. 
Grants. 
1 r\ 
a^ 
D O ^ 
I _ 
102 STAT. 252 
PUBLIC LAW 100-297—APR. 28, 1988 
"(f) SPECIAL EVIDENTIARY RULE.—Notwithstanding any other 
provision of law, the award of funds under this section may not be 
used in any cause of action or administrative proceeding as evidence 
relating to the issue of desegregation of a public school of a local 
educational agency receiving such an award. 
20 u s e 3157. 
"SEC. 4607. AUTHORIZATION OF APPROPRIATIONS. 
"(a) There are authorized to be appropriated $20,000,000 for the 
fiscal year 1989 and such sums as may be necessary for each of the 
fiscal years 1990 through 1993, to carry out the provisions of this 
part (other than section 4606). 
"(b)(1) Subject to paragraph (2), there are authorized to be appro-
priated $35,(300,000 for fiscal year 1989, and such sums as may be 
necessary for each of the fiscal years 1990 through 1993 to carry out 
section 4606. 
"(2) No appropriation may be made under paragraph (1) for any 
fiscal year unless the amount appropriated for the Magnet Schools 
Assistance Program in title III for that fiscal year is equal to or 
exceeds $165,000,000. 
Drug-Free 
Schools and 
Communities 
Act of 1986. 
20 u s e 3171. 
20 use 3172. 
20 u s e 3173. 
Grants. 
TITLE V—DRUG EDUCATION 
"SEC. 5101. SHORT TITLE. 
"This title may be cited as the 'Drug-Free Schools and Commu-
nities Act of 1986'. 
"SEC. 5102. FINDINGS. 
"The Congress finds that: 
"(1) Drug abuse education and prevention programs are essen-
tial components of a comprehensive strategy to reduce the 
demand for and use of drugs throughout the Nation. 
"(2) Drug use and alcohol abuse are widespread among the 
Nation's students, not only in secondary schools, but increas-
ingly in elementary schools as well. 
"(3) The use of drugs and the abuse of alcohol by students 
constitute a grave threat to their physical and mental well-
being and significantly impede the learning process. 
"(4) The tragic consequences of drug use and alcohol abuse by 
students are felt not only by students and their families, but 
also by their communities and the Nation, which can ill afford 
to lose their skills, talents, and vitality. 
"(5) Schools and local organizations in communities through-
out the Nation have special responsibilities to work together to 
combat the scourge of drug use and alcohol abuse. 
"(6) Prompt action by our Nation's schools, families, and 
communities can bring significantly closer the goal of a drug-
free generation and a drug-free society. 
"SEC. 5103. PURPOSE. 
"It is the purpose of this title to establish programs of drug abuse 
education and prevention (coordinated with related community 
efforts and resources) through the provision of Federal financial 
assistance— 
"(1) to States for grants to local and intermediate educational 
agencies and consortia to establish, operate, and improve local 
programs of drug abuse prevention, early 
intervention, 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 253 
rehabilitation referral, and education in elementary and second-
ary schools (including intermediate and junior high schools); 
"(2) to States for grants to and contracts with community-
based organizations for programs of drug abuse prevention, 
early intervention, rehabilitation referral, and education for 
school dropouts and other high-risk youth; 
"(3) to States for development, training, technical assistance, 
and coordination activities; 
"(4) to institutions of higher education to establish, imple-
ment, and expand programs of drug abuse education and 
prevention (including rehabilitation referral) for 
students 
enrolled in colleges and universities; and 
"(5) to institutions of higher education in cooperation with 
State and local educational agencies for teacher training pro-
grams in drug abuse education and prevention. 
Grsints. 
Contracts. 
"PART A—FINANCIAL ASSISTANCE FOR DRUG ABUSE 
EDUCATION AND PREVENTION PROGRAMS 
"SEC. 5111. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 3181. 
"(a) IN GENERAL.—For the purpose of carrying out this title, there 
are authorized to be appropriated $250,000,000 for the fiscal year 
1989, and such sums as may be necessary for each of the fiscal years 
1990,1991,1992, and 1993. 
"(b) AvAiLABiUTY.—(1) Appropriations for any fiscal year for pay-
ments made under this title in accordance with regulations of the 
Secretary may be made available for obligation or expenditure by 
the agency or institution concerned on the b£isis of an academic or 
school year differing from such fiscal year. 
"(2) Funds appropriated for any fiscal year under this title shall 
remain available for obligation and expenditure until the end of the 
fiscal year succeeding the fiscal year for which such funds were 
appropriated. 
"SEC. 5112. RESERVATIONS AND STATE ALLOTMENTS. 
20 USC 3182. 
"(a) RESERVATIONS.—From the sums appropriated or otherwise 
made available to carry out this title for any fiscal year, the 
Secretary shall reserve— 
"(1) 1 percent for payments to Guam, American Samoa, the 
Territories, U.S. 
Virgin Islands, the Trust Territory of the Pacific Islands, and 
the Northern Mariana Islands, to be allotted in accordance with 
their respective needs; 
"(2) 1 percent for programs for Indian youth under section 
Indians. 
5133; 
"(3) 0.2 percent for programs for Hawaiian natives under 
section 5134; 
"(4) 8 percent for programs with institutions of higher edu-
cation under section 5131; 
"(5) 3.5 percent for Federal activities under section 5132; and 
"(6) 4.5 percent for regional centers under section 5135. 
"0)) STATE ALLOTMENTS.—(1) From the remainder of the sums not 
reserved under subsection (a), the Secretary shall allot to each State 
an amount which bears the same ratio to the amount of such 
remainder as the school-age population of the State bears to the 
school-age population of all States, except that no State shall be 
allotted less than an amount equal to 0.5 percent of such remainder. 
102 STAT. 254 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 3191. 
Grants. 
20 u s e 3192. 
Grants. 
Gontracts. 
"(2) The Secretary may reallot any amount of any allotment to a 
State to the extent that the Secretary determines that the State will 
not be able to obligate such amount within 2 years of allotment. Any 
such reallotment shall be made on the same basis as an allotment 
under paragraph (1). 
"(3) For purposes of this subsection, the term 'State' means any of 
the 50 States, the District of Columbia, and the Commonwealth of 
Puerto Rico. 
"(4) For each fiscal year, the Secretary shall make payments, as 
provided by section 6503(a) of title 31, United States Code, to each 
State from its allotment under this subsection from amounts appro-
priated for that fiscal year. 
"PART B~STATE AND LOCAL PROGRAMS 
"SEC. 5121. USE OF ALLOTMENTS BY STATES. 
"(a) STATE PROGRAM.—An amount equal to 30 percent of the total 
amount paid to a State from its allotment under section 5112 for any 
fiscal year shall be used by the chief executive officer of such State 
for a State program in accordance with section 5122. 
"(b) WITHIN STATE DISTRIBUTION; ADMINISTRATIVE COSTS.—An 
amount equal to 70 percent of the total amount paid to a State from 
its allotment under section 5112 for any fiscal year shall be used by 
the State educational agency to carry out its responsibilities in 
accordance with section 5124 and for grants to local and intermedi-
ate educational agencies and consortia for programs and activities 
in accordance with section 5125. 
"SEC. 5122. STATE PROGRAMS. 
"(a) IN GENERAL.—Not more than 50 percent of the funds avail-
able for each fiscal year under section 5121(a) to the chief executive 
officer of a State shall be used for grants to and contracts with local 
governments and other public or private nonprofit entities (includ-
ing parent groups, community action agencies, and other commu-
nity-based organizations) for the development and implementation 
of programs and activities such as— 
"(1) local broadly-based programs for drug and alcohol abuse 
prevention, early intervention, rehabilitation referral, and edu-
cation for all age groups; 
"(2) training programs concerning drug abuse education and 
prevention for teachers, counselors, other educational person-
nel, parents, local law enforcement officials, judicial officials, 
other public service personnel, and community leaders; 
"(3) the development and distribution of educational and 
informational materials to provide public information (through 
the media and otherwise) for the purpose of achieving a drug-
free society; 
"(4) technical assistance to help community-based organiza-
tions and local and intermediate educational agencies and con-
sortia in the planning and implementation of drug abuse 
prevention, early intervention, rehabilitation referral, and edu-
cation programs; 
"(5) activities to encourage the coordination of drug abuse 
education and prevention programs with related community 
efforts and resources, which may involve the use of a broadly 
representative State advisory council including members of the 
State board of education, members of local boards of education, 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 255 
parents, teachers, counselors, health and social service profes-
sionals, and others having special interest or expertise; and 
"(6) other drug abuse education and prevention activities 
consistent with the purposes of this title, which may include a 
youth suicide prevention program. 
"(b) INNOVATIVE PROGRAMS.—(1) Not less than 50 percent of the 
funds available for each fiscal year under section 5121(a) to the chief 
executive officer of a State shall be used for innovative community-
based programs of coordinated services for high-risk youth. The 
chief executive officer of such State shall make grants to or con-
tracts with local governments and other public and private non-
profit entities (including parent groups, community action agencies, 
and other community-based organizations) to carry out such 
services. 
"(2) For purposes of this subsection, the term 'high risk youth' 
means an individual who has not attained the age of 21 years, who is 
at high risk of becoming or who has been a drug or alcohol abuser, 
and who— 
"(A) is a school dropout; 
"(B) has become pregnant; 
"(C) is economically disadvantaged; 
"(D) is the child of a drug or alcohol abuser; 
"(E) is a victim of physical, sexual, or psychological abuse; 
"(F) has committed a violent or delinquent act; 
"(G) has experienced mental health problems; 
"(H) has attempted suicide; or 
"(I) has experienced long-term physical pain due to injury. 
"SEC. 5123. STATE APPLICATIONS. 
"(a) IN GENERAL.—In order to receive an allotment under section 
5112(b), a State shall submit an application to the Secretary. As part 
of such application, the chief executive officer of the State shall 
agree to use the funds made available under section 5121(a) in 
accordance with the requirements of this part. As part of such 
application, the State educational agency of the State shall agree to 
use the funds made available under section 5121(b) in accordance 
with the requirements of this part. 
"(b) CONTENTS OF APPUCATIONS.—The application submitted by 
each State under subsection (a) shall— 
"(1) cover a period of three fiscal years; 
"(2) be submitted at such time and in such manner, and 
contain such information, as the Secretary may require; 
"(3) contain assurances that the Federal funds made available 
under this part for any period will be so used as to supplement 
and increase the level of State, local, and non-Federal funds 
that would in the absence of such Federal funds be made 
available for the programs and activities for which funds are 
provided under this part and will in no event supplant such 
State, local, and other non-Federal funds; 
"(4) provide that the State will keep such records and provide 
such information as may be required by the Secretary for fiscal 
audit and program evaluation; 
"(5) contain assurances that there is compliance with the 
specific requirements of this part; 
"(6) describe the manner in which the State educational 
agency will coordinate its efforts with appropriate State health, 
law enforcement, and drug abuse prevention agencies, including 
Grants. 
Contracts. 
20 u s e 3193. 
Records. 
102 STAT. 256 
PUBLIC LAW 100-297—APR. 28, 1988 
the State agency which administers the Alcohol, Drug Abuse, 
and Mental Health block grant under part B of title XIX of the 
Public Health Service Act; 
"(7) provide assurances that the State educational agency will 
provide financial assistance under this part only to local and 
intermediate educational agencies and consortia which estab-
lish and implement drug abuse education and prevention pro-
grams in elementary and secondary schools; 
"(8) provide for an annual evaluation of the effectiveness of 
programs assisted under this part; and 
"(9) provide a description of how, where feasible, the alcohol 
and drug abuse programs will be coordinated with youth suicide 
prevention programs funded by the Federal Government, State 
and local governments, and nongovernmental agencies and 
organizations. 
20 use 3194. 
"SEC. 5124. RESPONSIBILITIES OF STATE EDUCATIONAL AGENCIES. 
"(a) GRANTS TO LOCAL AND INTERMEDIATE EDUCATIONAL AGEN-
CIES.—Each State educational agency shall use a sum which shall be 
not less than 90 percent of the amounts available under section 
5121(b) for each fiscal year for grants to local and intermediate 
educational agencies and consortia in the State, in accordance with 
applications approved under section 5126. From such sum, the State 
educational agency shall distribute funds for use among areas 
served by local or intermediate educational agencies or consortia on 
the basis of the relative enrollments in public and private nonprofit 
schools within the areas served by such agencies. Any amount of the 
funds made available for use in any area remaining unobligated for 
more than 1 year after the funds were made available may be 
provided by the State educational agency to local or intermediate 
educational agencies or consortia having plans for programs or 
activities capable of using such amount on a timely basis. 
"(b) STATE PROGRAMS.—Each State educational agency shall use 
not more than 10 percent of the amounts available under section 
5121(b) for each fiscal year for such activities as— 
"(1) training and technical assistance programs concerning 
drug abuse education and prevention for local and intermediate 
educational agencies, including teachers, administrators, ath-
letic directors, other educational personnel, parents, local law 
enforcement officials, and judicial officials; 
"(2) the development, dissemination, implementation, and 
evaluation of drug abuse education curricular and teaching 
materials for elementary and secondary schools throughout the 
State; 
"(3) demonstration projects in drug abuse education and 
prevention; 
"(4) special financial assistance to enhance resources avail-
able for drug abuse education and prevention in areas serving 
large numbers of economically disadvantaged children or 
sparsely populated areas, or to meet special needs; and 
"(5) administrative costs of the State educational agency in 
carrying out its responsibilities under this part, not in excess of 
2.5 percent of the amount available under section 5121(b). 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 257 
"SEC. 
5125. LOCAL DRUG ABUSE EDUCATION AND PREVENTION PRO- 
20 USC 3195. 
GRAMS. 
"(a) IN GENERAL.—Any amounts made available to local or inter-
mediate educational agencies or consortia under section 5124(a) 
shall be used for drug and alcohol abuse prevention and education 
programs and activities, including— 
"(1) the development, acquisition, and implementation of ele-
mentary and secondary school drug abuse education and 
prevention curricula which clearly and consistently teach that 
illicit drug use is wrong and harmful; 
"(2) school-based pr(^ams of drug abuse prevention and early 
intervention (other than treatment); 
"(3) family drug abuse prevention programs, including edu-
cation for parents to increase awareness about the symptoms 
and effects of drug use through the development and dissemina-
tion of appropriate educational materials; 
"(4) drug abuse prevention counseling programs (which coun-
sel that illicit drug use is wrong and harmful) for students and 
parents, including professional and peer counselors and involv-
ing the participation (where appropriate) of parent, or other 
adult counselors and reformed abusers; 
"(5) programs of referral for drug abuse treatment and 
rehabilitation; 
"(6) programs of inservice and preservice training in drug and 
alcohol abuse prevention for teachers, counselors, other edu-
cational personnel, athletic directors, public service personnel, 
law enforcement officials, judicial officials, and community 
leaders; 
"(7) programs in primary prevention and early intervention, 
such as the interdisciplinary school-team approach; 
"(8) community education programs and other activities to 
involve parents and communities in the fight against drug and 
alcohol abuse; 
"(9) public education programs on drug and alcohol abuse, 
including programs utilizing professionals and former drug and 
alcohol abusers; 
"(10) on-site efforts in schools to enhance identification and 
discipline of drug and alcohol abusers, and to enable law 
enforcement officials to take necessary action in cases of drug 
possession and supplying of drugs and alcohol to the student 
population; 
"(11) special programs and activities to prevent drug and 
alcohol abuse among student athletes, involving their parents 
and family in such drug and alcohol abuse prevention efforts 
and using athletic programs and personnel in preventing drug 
and alcohol abuse among all students; and 
"(12) other prc^ams of drug and alcohol abuse education and 
prevention, consistent with the purposes of this part. 
"(b) ELIGIBIUTY.—A local or intermediate educational agency or 
consortium may receive funds under this part for any fiscal year 
covered by an application under section 5126 approved by the State 
educational agency. 
"SEC. 5126. LOCAL APPLICATIONS. 
20 USC 3196. 
"(a) IN GENERAL.—(1) In order to be eligible to receive a grant Grants. ~ 
under this part for any fiscal year, a local or intermediate edu-
102 STAT. 258 
PUBLIC LAW 100-297—APR. 28, 1988 
cational agency or consortium shall submit an application to the 
State educational agency for approval. 
"(2) An application under this section shall be for a period not to 
exceed 3 fiscal years and may be amended annually as may be 
necessary to reflect changes without filing a new application. Such 
application shall— 
"(A) set forth a comprehensive plan for programs to be car-
ried out by the applicant under this part; 
"(B) contain an estimate of the cost for the establishment and 
operation of such programs; 
"(C) establish or designate a local or substate regional 
advisory council on drug abuse education and prevention com-
posed of individuals who are parents, teachers, officers of State 
and local government, medical professionals, representatives of 
the law enforcement community, community-based organiza-
tions, and other groups with interest and expertise in the field 
of drug abuse education and prevention; 
"(D) describe the extent of the current drug and alcohol 
problem in the schools of the applicant; 
"(E) describe the applicant's drug and alcohol policy, includ-
ing an explanation of— 
"(i) the practices and procedures it will enforce to elimi-
nate the sale or use of drugs and alcohol on school premises; 
and 
"(ii) how it will convey to students the message that drug 
use is not permissible; 
"(F) describe how the applicant will monitor the effectiveness 
of its program; 
"(G) describe the manner in which the applicant will estab-
lish, implement, or augment mandatory age-appropriate, devel-
opmentally-based, drug 
abuse 
education 
and 
prevention 
programs for students throughout all grades of the schools 
operated or served by the applicant (from the early childhood 
level through grade 12), and provide assurances that the 
applicant enforces related rules and regulations of student 
conduct; 
"(H) describe the manner in which the applicant will coordi-
nate its efforts under this part with other programs in the 
community related to drug abuse education, prevention, treat-
ment, and rehabilitation; 
"(I) provides assurances that the applicant will coordinate its 
efforts with appropriate State and local drug and alcohol abuse, 
health, and law enforcement agencies, in order to effectively 
conduct drug and alcohol abuse education, intervention, and 
referral for treatment and rehabilitation for the student 
population; 
"(J) provide assurances that the Federal funds made available 
under this part shall be used to supplement and, to the extent 
practical, to increase the level of funds that would, in the 
absence of such Federal funds, be made available by the 
applicant for the purposes described in this part, and in no case 
supplant such funds; 
"(K) provide assurances of compliance with the provisions of 
this part; 
Records. 
"(L) agree to keep such records and provide such information 
to the State educational agency as reasonably may be required 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 259 
for fiscal audit and program evaluation, consistent with the 
responsibilities of the State agency under this part; and 
"(M) include such other information and assurances as the 
State 
educational 
agency 
reasonably 
determines 
to 
be 
necessary. 
"(b) PROGRESS REPORTS.—(1) An applicant shall submit to the 
State educational agency a progress report on the first 2 fiscal years 
of implementation of its plan. The progress report shall include— 
"(A) the applicant's significant accomplishments under the 
plan during the preceding 2 years; and 
"(B) the extent to which the original objectives of the plan are 
being achieved. 
"(2) If the State educational agency determines that the 
applicant's progress report shows that it is not making reasonable 
progress toward accomplishing the objectives of its plan and the 
purposes of this Act, the State educational agency shall provide such 
technical assistance to the applicant as may be necessary. 
"SEC. 5127. STATE REPORTS. 
"Each State shall submit to the Secretary a biennial report that 
contains information on the State and local programs conducted 
under this Act in the State. 
"PART C—NATIONAL PROGRAMS 
20 use 3197. 
'SEC. 5131. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION. 
20 use 3211. 
"(a) IN GENERAL.—(1) From sums reserved by the Secretary under Contracts, 
section 5112(a)(4) for the purposes of this section, the Secretary shall 
make grants to or enter into contracts with institutions of higher 
education or consortia of such institutions for drug abuse education 
and prevention programs under this section. 
"(2) The Secretary shall make financial assistance available on a 
competitive basis under this section. An institution of higher edu-
cation or consortium of such institutions which desires to receive a 
grant or enter into a contract under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require in accordance with regulations. 
"(3) The Secretary shall make every effort to ensure the equitable 
participation of private and public institutions of higher education 
(including community and junior colleges) and to ensure the equi-
table geographic participation of such institutions. In the award of 
grants and contracts under this section, the Secretary shall give 
appropriate consideration to colleges and universities of limited 
enrollment. 
"(4) Not less than 50 percent of sums available for the purposes of 
this section shall be used to make grants under subsection (d). 
"(b) TRAINING GRANTS.—Training grants shall be available for— 
"(1) preservice and inservice training and instruction of teach-
ers and other personnel in the field of drug abuse education and 
prevention in elementary and secondary schools; 
"(2) summer institutes and workshops in instruction in the 
field of drug abuse education and prevention; 
"(3) research and demonstration programs for teacher train- Research and 
ing and retraining in drug abuse education and prevention; and 
development. 
"(4) training programs for law enforcement officials, judicial 
officials, community leaders, parents, and government officials. 
102 STAT. 260 
PUBLIC LAW 100-297—APR. 28, 1988 
"(c) GRANTS FOR MODEL DEMONSTRATION PROGRAMS.—Grants shall 
be available for model demonstration programs to be coordinated 
with local elementary and secondary schools for the development 
Research and 
and implementation of quality drug abuse education curricula. In 
development. 
the award of grants under this subsection, the Secretary shall give 
priority consideration to joint projects involving faculty of institu-
tions of higher education and teachers in elementary and secondary 
schools in the practical application of the findings of educational 
research and evaluation and the integration of such research into 
drug abuse education and prevention programs. 
"(d) GRANTS FOR PROGRAMS OF DRUG ABUSE EDUCATION AND 
PREVENTION.—Grants shall be available under this subsection to 
develop, implement, operate, and improve programs of drug abuse 
education and prevention (including rehabilitation referral) for stu-
dents enrolled in institutions of higher education. 
"(e) COLLABORATIVE EFFORTS.—In making grants under para-
graphs (1) and (2) of subsection (b), the Secretary shall encourage 
projects which provide for coordinated and collaborative efforts 
between State educational agencies, local educational agencies, and 
regional centers established under section 5135. 
20 u s e 3212. 
"SEC. 5132. FEDERAL ACTIVITIES. 
"(a) USE OF RESERVED FUNDS.—From sums reserved by the Sec-
retary under section 5112(a)(5), the Secretary shall carry out the 
purposes of this section. 
"(b) FEDERAL DRUG ABUSE EDUCATION AND PREVENTION ACTIVI-
TIES.—The Secretary of Education in conjunction with the Secretary 
of Health and Human Services shall carry out Federal education 
and prevention activities on drug abuse. The Secretary shall coordi-
nate such drug abuse education and prevention activities with other 
appropriate Federal activities related to drug abuse. The Secre-
tary shall directly or through grants, cooperative agreements, or 
contracts— 
"(1) provide information on drug abuse education and preven-
tion to the Secretary of Health and Human Services for dissemi-
nation by the clearinghouse for alcohol and drug abuse 
information established under section 509 of the Public Health 
Service Act; 
"(2) facilitate the utilization of appropriate means of commu-
nicating to students at all educational levels about the dangers 
of drug use and alcohol abuse, especially involving the partici-
pation of entertainment personalities and athletes who are 
recognizable role models for many young people; 
"(3) develop,.publicize the availability of, and widely dissemi-
nate audio-visual and other curricular materials for drug abuse 
education and prevention programs in elementary and second-
ary schools throughout the Nation; 
"(4) provide technical assistance to State, local, and inter-
mediate education agencies and consortia in the selection and 
implementation of drug abuse education and prevention curric-
ula, approaches, and programs to address most effectively the 
needs of the elementary and secondary schools served by such 
agencies; and 
Research and 
"(5) identify research and development priorities with regard 
development. 
to school-based drug abuse education and prevention, particu-
larly age-appropriate programs focusing on kindergarten 
through grade 4. 
Grants. 
Contracts. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 261 
"(c) STUDIES.—The Secretary of Education in conjunction with the 
Secretary of Health and Human Services shall conduct, directly or 
by contract, a study of the relationship between drug and alcohol 
abuse and youth suicide and shall submit a report of the findings of 
such studies to the President and to the appropriate committees of 
the Congress not later than 1 year after the date of the enactment of 
this title. In addition the Secretary may conduct periodic evalua-
tions of programs authorized by this Act. 
"SEC. 5133. PROGRAMS FOR INDIAN YOUTH. 
"(a) USE OF RESERVED FUNDS.—From the funds reserved pursuant 
to section 5112(a)(2), the Secretary shall make payments and grants 
and enter into other financial arrangements for Indian programs in 
accordance with this subsection. 
"(b) FINANCIAL ARRANGEMENTS.—The Secretary of Education 
shall enter into such financial arrangements as the Secretary deter-
mines will best carry out the purposes of this title to meet the needs 
of Indian children on reservations serviced by elementary and 
secondary schools funded for Indian children by the Department of 
the Interior. Such arrangements shall be made pursuant to an 
agreement between the Secretary of Education and the Secretary of 
the Interior containing such assurances and terms as they deter-
mine will best achieve the purposes of this title. 
"(c) GRANT AND CONTRACT AUTHORITY.—The Secretary of Edu-
cation may, upon request of any Indian tribe which is eligible to 
contract with the Secretary of the Interior for the administration of 
programs under the Indian Self-Determination Act or under the Act 
of April 16, 1934, enter into grants or contracts with any tribal 
organization of any such Indian tribe to plan, conduct, and admin-
ister progrsims which are authorized and consistent with the pur-
poses of this title (particularly programs for Indian children who are 
school dropouts), except that such grants or contracts shall be 
subject to the terms and conditions of section 102 of the Indian Self-
Determination Act and shall be conducted in accordance with sec-
tions 4, 5, and 6 of the Act of April 16, 1934, which are relevant to 
the programs administered under this paragraph. 
"(d) ADDITIONAL PROGRAMS.—Programs funded under this subsec-
tion shall be in addition to such other programs, services, and 
activities as are made available to eligible Indians under other 
provisions of this title. 
"SEC. 5134. PROGRAMS FOR HAWAIIAN NATIVES. 
"(a) GENERAL AUTHORITY.—From the funds reserved pursuant to 
section 5112(a)(3), the Secretary shall make grants to or enter into 
cooperative agreements or contracts with organizations primarily 
serving and representing Hawaiian natives which are recognized by 
the Governor of the State of Hawaii to plan, conduct, and administer 
programs, or portions thereof, which are authorized by and consist-
ent with the provisions of this title for the benefit of Hawaiian 
natives. 
"(b) DEFINITION OF 'HAWAIIAN NATIVE'.—For the purposes of this 
section, the term 'Hawaiian native' means any individual any of 
whose ancestors were natives, prior to 1778, of the area which now 
comprises the State of Hawaii. 
Contracts. 
Reports. 
20 u s e 3213. 
Grants. 
Contracts. 
20 u s e 3214. 
Grants. 
Contracts. 
102 STAT. 262 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 3215. 
"SEC. 5135. REGIONAL CENTERS. 
Grants. 
"The Secretary, through grants, cooperative agreements, or con-
Contracts, 
tracts, shall use the amounts made available to carry out this 
section for each Hscal year to maintain 5 regional centers to— 
"(1) train school teams to assess the scope and nature of their 
drug abuse and alcohol abuse problems, mobilize the commu-
nity to address such problems, design appropriate curricula, 
identify students at highest risk and refer them to appropriate 
treatment, €Uid institutionalize long-term effective drug and 
alcohol abuse pn^rams, including long-range technical assist-
ance, evaluation, and followup on such training; 
"(2) assist State educational agencies in coordinating and 
strengthening drug abuse and alcohol abuse education and 
prevention pn^ams; 
"(3) assist local educational agencies and institutions of 
higher education in developing appropriate preservice and in-
service training programs for educational personnel; and 
"(4) evaluate and disseminate information on effective drug 
abuse and alcohol abuse education and prevention programs 
and strategies. 
"PART D—GENERAL PROVISIONS 
20 use 3221. 
"SEC. 5141. DEFINITIONS. 
"(a) GENERAL RULE.—Except as otherwise provided, the terms 
used in this title shall have the meaning provided under section 
1471 oftitlel of this Act. 
"(b) SPECIFIC DEFINITIONS.—For the purposes of this title, the 
following terms have the following meanings: 
"(1) The term 'drug abuse education and prevention' means 
prevention, early intervention, rehabilitation referral, and edu-
cation related to the abuse of alcohol and the use and abuse of 
controlled, illegal, addictive, or harmful substances. 
"(2) The term 'illicit drug use' means the use of illegal drugs 
and the abuse of other drugs and alcohol. 
"(3) The term 'Secretary' means the Secretary of Education. 
"(4) The term 'school-age population' means the population 
aged 5 through 17 (inclusive), as determined by the Secretary on 
the basis of the most recent satisfactory data available from the 
Department of Commerce. 
"(5) The term 'school dropout' means an individual aged 5 
through 18 who is not attending any school and who has not 
received a secondary school diploma or a certificate from a 
program of equivalency for such a diploma. This definition shall 
not apply after the Secretary defines such term as required by 
section 6201 of this Act. 
"(6) The term 'State' means a State, the District of (Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Northern Mariana Islands, the Trust Territory of the Pa-
cific Islands, or the Virgin Islands. 
"(7) The term 'institution of higher education' means an 
educational institution in any State which— 
"(A) admits as regular students only individuals having a 
certificate of graduation from a high school, or the recog-
nized equivalent of such a certificate; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 263 
"(B) is legally authorized within such State to provide a 
program of education beyond high school; 
"(C) provides an educational program for which it awards 
a bachelor's degree, or provides not less than a 2-year 
program which is acceptable for full credit toward such a 
degree, or offers a 2-year program in engineering, mathe-
matics, or the phjrsical or biological sciences which is 
designed to prepare the student to work as a technician and 
at a semiprofessional level in engineering, scientific, or 
other technological fields which require the understanding 
and application of basic engineering, scientific, or mathe-
matical principles or knowledge; 
"(D) is a public or other nonprofit institution; and 
"(E) is accredited by a nationally recognized accrediting 
agency or association listed by the Secretary pursuant to 
this paragraph or, if not so accredited, is an institution 
whose credits are accepted, on transfer, by not less than 3 
institutions which are so accredited, for credit on the same 
basis as if transferred from an institution so accredited, 
except that in the case of an institution offering a 2-year 
program in engineering, mathematics, or the physical or 
biological sciences which is designed to prepare the student 
to work as a technician and at a semiprofessional level in 
engineering, scientific, or technological fields which 
requires the understanding and application of basic 
engineering, scientific, or mathematical principles or 
knowledge if the Secretary determines that there is no 
nationally recognized accrediting agency or association 
qualified to accredit such institutions, the Secretary shall 
appoint an advisory committee, composed of persons spe-
cially qualified to evaluate training provided by such 
institutions, which shall prescribe the standards of content, 
scope, and quality which must be met in order to qualify 
such institutions to participate under this title and shall 
also determine whether particular institutions meet such 
standards. For the purposes of this paragraph the Secretary 
shall publish a list of nationally recognized accrediting 
agencies or associations which he determines to be reliable 
authority as to the quality of education or training offered, 
"(8) The term 'nonprofit' as applied to a school, agency, 
organization, or institution means a school, agency, organiza-
tion, or institution owned and operated by one or more non-
profit 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. 
"(9) The term 'consortium' (except in section 5131) means a 
consortium of local educational agencies or of one or more 
intermediate educational agencies and one or more local edu-
cational agencies. 
"SEC. 5142. FUNCTIONS OF THE SECRETARY OF EDUCATION. 
20 USC 3222. 
"(a) ADMINISTRATION.—The Secretary shall be responsible for the 
administration of the programs authorized by this title. 
"(b) 
APPXJCABIIJTY OF GENERAL EDUCATION PROVISIONS ACT.— 
Except as otherwise provided, the General Education Provisions Act 
shall apply to programs authorized by this title. 
102 STAT. 264 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 3223. 
"SEC. 5143. PARTICIPATION OF CHILDREN AND TEACHERS FROM PRIVATE 
NONPROFIT SCHOOLS. 
"(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN.—TO the extent 
consistent with the number of school-age children in the State or in 
the school attendance area of a local or intermediate educational 
agency or consortium receiving financial assistance under part B 
who are enrolled in private nonprofit elementary and secondary 
schools, such State, agency, or consortium shall, sater 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) PARTICIPATION OF PRIVATE SCHOOL TEACHERS.—TO the extent 
consistent with the number of school-age children in the State or in 
the school attendance area of a local or intermediate educational 
agency or consortium receiving financial assistance under part B 
who are enrolled in private nonprofit elementaiy and secondary 
schools, such State, agency, or consortium shall, ed%er consultation 
with appropriate private school representatives, make provision, for 
the benefit of such teachers in such schools, for such teacher train-
ing as will assure equitable participation of such teachers in the 
purposes and benefits of this title. 
"(c) WAIVER; PROVISION OF SERVICES BY SECRETARY.—If by reason 
of any provision of law a State, local, or intermediate educational 
agency or consortium is prohibited from providing for the participa-
tion of children or teachers from private nonprofit schools as 
required by subsections (a) and (b) or, if the Secretary determines 
that a State, local, or intermediate educational ^ency or consor-
tium 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 
section 1017 of this Act. 
20 use 3224. 
"SEC. 5144. MATERIALS. 
"Any materials produced or distributed with funds made avail-
able under this title shall reflect the message that illicit drug use is 
wrong and harmful. The Secretary shall not review curricula and 
shall not promulgate regulations to carry out this subsection or 
subparagraph (1) or (4) of section 5125(a), 
"PART E—MISCELLANEOUS PROVISIONS 
20 use 3231. 
"SEC. 5191. INDIAN EDUCATION PROGRAMS. 
"(a) PILOT PROGRAMS.—The Assistant Secretary of Indian Affairs 
shall develop and implement pilot programs in selected schools 
funded by the Bureau of Indian Affairs (subject to the approval of 
the local school board or contract school board) to determine the 
effectiveness of summer youth programs in furthering the purposes 
and goals of the Indian Alcohol and Substance Abuse Prevention 
Act of 1986. The Assistant Secretary shall defray all costs associated 
with the actual operation and support of the pilot programs in the 
Appropriation 
school from funds appropriated for this section. For the pilot pro-
authorization. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 265 
grams there are authorized to be appropriated such sums as may be 
necessary for each of the fiscal years 1987,1988, and 1989. 
"(b) USE OF FUNDS.—Federal financial assistance made available 
to public or private schools because of the enrollment of Indian 
children pursuant to— 
"(1) the Act of April 16, 1934, as amended by the Indian 
Education Assistance Act (25 U.S.C. 452 et seq.), 
"(2) the Indian Elementary and Secondary School Assistance 
Act (20 U.S.C. 241aa et seq.), and 
"(3) the Indian Education Act (20 U.S.C. 3385), 
may be used to support a program of instruction relating to alcohol 
and substance abuse prevention and treatment. 
"SEC. 5192. TRANSITION. 
20 USC 3232. 
"Notwithstanding section 1003 of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School Improvement 
Amendments of 1988, a State educational agency may allot funds for 
each of the fiscal years 1987 and 1988 to local and intermediate 
educational agencies and consortia under section 4124 of the Drug-
Free Schools and Communities Act of 1986 on the basis of their 
relative numbers of children in the school-age population. 
"TITLE VI—PROJECTS AND PROGRAMS 
DESIGNED TO ADDRESS SCHOOL DROP-
OUT PROBLEMS AND TO STRENGTHEN 
BASIC SKILLS INSTRUCTION 
"PART A—ASSISTANCE TO ADDRESS SCHOOL DROPOUT 
S!;^i^'^E* 
l>1?nRT B'lUG 
Demonstration 
rKUKLitiMO 
Assistance Act 
of 1988. 
"SEC. 6001. SHORT TITLE. 
20 USC 3241. 
"This part may be cited as the 'School Dropout Demonstration 
Assistance Act of 1988'. 
"SEC. 6002. PURPOSE. 
20 USC 3242. 
"The purpose of this part is to reduce the number of children who 
do not complete their elementary and secondary education by 
providing grants to local educational agencies to establish and 
demonstrate— 
"(1) effective programs to identify potential student dropouts 
and prevent them from dropping out; 
"(2) effective programs to identify and encourage children 
who have already dropped out to reenter school and complete 
their elementary and secondary education; 
"(3) effective early intervention programs designed to identify 
at-risk students in elementary and secondary schools; and 
"(4) model systems for collecting and reporting information to 
local school officials on the number, ages, and grade levels of 
the children not completing their elementary and secondary 
education and the reasons why such children have dropped out 
of school. 
"SEC. 6003. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 3243. 
"There are authorized to be appropriated to carry out this part 
$50,000,000 for the fiscal year 1989. 
102 STAT. 266 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 3244. 
"SEC. 6004. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
"(a) ALLOTMENT TO CATEGORIES OF LOCAL EDUCATIONAL AGEN-
CIES.—From the amount appropriated under section 6003 for any 
fiscal year, the Secretary shall allot the following percentages to 
each of the following categories of local educational agencies: 
"(1) Local educational agencies administering schools with a 
total enrollment of 100,000 or more elementary and secondary 
school students shall be allotted 25 percent of the amount 
appropriated. 
"(2) Local educational agencies administering schools with a 
total enrollment of at least 20,000 but less than 100,000 ele-
mentary and secondary school students shall be allotted 40 
percent of the amount appropriated. 
"(3) Local educational agencies administering schools with a 
total enrollment of less than 20,000 elementary and secondary 
school students shedl be allotted 30 percent of the amount 
appropriated. Grants may be made under this paragraph to 
intermediate educational units and consortia of not more than 5 
local educational agencies in any case in which the total enroll-
ment of the largest such local educational agency is less than 
20,000 elementary and secondary students. Such units and con-
sortia may also apply in conjunction with the State educational 
agency. Not less than 20 percent of funds available under this 
paragraph shall be awarded to local educational agencies 
administering schools with a total enrollment of less than 2,000 
elementary and secondary school students. 
"(4) Community-based organizations shall be allotted 5 per-
cent of the amount appropriated. Grants under this category 
shall be made after consultation between the community-based 
organization and the local educational agency that is to benefit 
from such a grant. 
"(b) SPECIAL TREATMENT OF EDUCATIONAL PARTNERSHIPS.—(1) The 
Secretary shall allot 25 percent of the funds available for each 
category described in paragraphs (1), (2), and (3) of subsection (a) of 
this section to educational partnerships. 
"(2) Educational 
partnerships 
under this subsection 
shall 
include— 
"(A) a local educational agency; and 
"(B) a business concern or business organization, or, if an 
appropriate business concern or business organization is not 
available, one of the following: any community-based organiza-
tion, nonprofit private organization, institution of higher edu-
cation. State educational agency, State or local public agency, 
private industry council (established under the Job Training 
Partnership Act), museum, library, or educational television or 
broadcasting station. 
"(c) AWARD OF GRANT.—From the amount allotted for any fiscal 
year to a category of local educational agencies under subsection (a), 
the Secretary shall award as many grants as practicable within each 
such category to local educational agencies and educational partner-
ships whose applications have been approved by the Secretary for 
such fiscal year under section 6005 and whose applications propose a 
program of sufficient size and scope to be of value as a demonstra-
tion. The grants shall be made under such terms and conditions as 
the Secretary shall prescribe consistent with the provisions of this 
part. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 267 
"(d) USE OF FUNDS WHEN NOT FULLY NEEDED FOR EDUCATIONAL 
PARTNERSHIPS.—(1) Whenever the Secretary determines that the full 
amount of the sums made available under subsection (b) in each 
category for educational partnerships will not be required for ap-
plications of educational partnerships, the Secretary shall make the 
amount not so required available to local educational agencies in the 
same category in which the funds are made available. 
"(2) In order to transfer funds under this subsection, the Secretary 
shall use a peer review process to determine that such excess funds 
are not needed to fund educational partnerships and shall prepare a 
list of the categories in which additional funds are available, and the 
reasons therefor, and make such list available to local educational 
agencies upon request. The Secretary may use the peer review 
process to determine grant recipients of funds transferred in accord-
ance with this subsection. 
"(e) USE OF FUNDS WHEN NOT FULLY ALLOTTED TO CATEGORIES 
UNDER SUBSECTION (a).—(1) Whenever the Secretary determines 
that the full amount of the sums allotted under any category set 
forth under subsection (a) will not be required for applications of the 
local educational agencies in the case of categories (1) through (3), 
the Secretary shall make the amount not so required available to 
another category under subsection (a). In carrying out the provisions 
of this subsection, the Secretary shall assure that the transfer of 
amounts from one category to another is made to a category in 
which there is the greatest need for funds. 
"(2) In order to transfer funds under this subsection, the Secretary 
shall use a peer review process to determine that such excess funds 
are not needed to fund projects in particular categories and shall 
prepare a list of the categories in which funds were not fully 
expended and the reasons therefor, and make such list available to 
local educational agencies and educational partnerships, upon 
request. The Secretary may use the peer review process to deter-
mine grant recipients of funds transferred in accordance with this 
subsection. 
"(f) FEDERAL SHARE.—(1) The Federal share of a grsint under this 
part may not exceed— 
"(A) 90 percent of the total cost of a project for the first year 
for which the project receives assistance under this part, and 
"(B) 75 percent of such cost for the second such year. 
"(2) The remaining cost of a project that receives assistance under 
this part may be paid from any source other than funds made 
available under this part, except that not more than 10 percent of 
the remaining cost in any fiscal year may be provided from Federal 
sources other than this part. 
"(3) The share of payments from sources other than funds made 
available under this part may be in cash or in kind fairly evaluated, 
including plant, equipment or services. 
"SEC. 6005. APPLICATION. 
20 USC 3245. 
"(a) IN GENERAL.—(1) A grant under this part may be made only 
Grants, 
to a local educational agency or an educational partnership which 
submits an application to the Secretary containing such information 
as may be required by the Secretary by regulation. 
"(2) Applications shall be for a 1-year period. 
"(b) CONTENTS OF APPUCATION.—Each such application shall— 
"(1) provide documentation of— 
102 STAT. 268 
PUBLIC LAW 100-297—APR. 28, 1988 
Communications 
and tele-
communications. 
"(A) the number of children who were enrolled in the 
schools of the applicant for the 5 academic years prior to 
the date application is made who have not completed their 
elementary or secondary education and who are classified 
as school dropouts pursuant to section 5141(b)(5); and 
"(B) the percent^e that such number of children is of the 
total school-age population in the applicant's schools; 
"(2) include a plan for the development and implementation 
of a dropout information collection and reporting system for 
documenting the extent and nature of the dropout problem; 
"(3) include a plan for coordinated activities involving at least 
1 high school and its feeder junior high or middle schools and 
elementary schools for local educational agencies that have 
feeder systems; 
"(4) include a plan for the development and implementation 
of a project including activities designed to carry out the pur-
pose of this part, such as— 
"(A) implementing identification, prevention, outreach, 
or reentry projects for dropouts and potential dropouts; 
"(B) addressing the special needs of school-age parents; 
"(C) disseminating information to students, parents, and 
the community related to the dropout problem; 
"(D) as appropriate, including coordinated services and 
activities with programs of vocational education, adult 
basic education, and programs under the Job Training 
Partnership Act; 
"(E) involving the use of educational and telecommuni-
cations and broadcasting technologies and educational 
materials for dropout prevention, outreach, and reentry; 
"(F) providing activities which focus on developing 
occupational competencies which link job skill preparation 
and training with genuine job opportunities; 
"(G) establishing annual procedures for— 
"(i) evaluating the effectiveness of the project; and 
"(ii) where possible, determining the cost-effective-
ness of the particular dropout prevention and reentry 
methods used and the potential for reproducing such 
methods in other areas of the country; 
"(H) coordinating, to the extent practicable, with other 
student dropout activities in the community; or 
"(I) using the resources of the community and parents to 
help develop and implement solutions to the local dropout 
problem; and 
"(5) contain such other information as the Secretary considers 
necessary to determine the nature of the local needs, the quality 
of the proposed project, and the capability of the applicant to 
carry out the project. 
"(c) PRIORITY.—The Secretary shall, in approving applications 
under this section, give priority to applications which both show the 
replication of successful programs conducted in other local edu-
cational agencies or the expansion of successful programs within a 
local educational agency and reflect very high numbers or very high 
percentages of school dropouts in the schools of the applicant in 
each category described in section 6004(a). 
"(d) SPECIAL CONSIDERATION.—The Secretary shall give additional 
special consideration to applications that include— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 269 
"(1) provisions which emphasize early intervention services 
designed to identify at-risk students in elementary or early 
secondary schools; and 
"(2) provisions for significant parental involvement. 
"SEC. 6006. AUTHORIZED ACTIVITIES. 
20 USC 3246. 
"(a) IN GENERAL.—Grants under this part shall be used to carry 
Grants, 
out plans set forth in applications approved under section 6005. In 
addition, grants may be used for educational, occupational, and 
basic skills testing services and activities, including, but not limited 
to— 
"(1) the establishment of systemwide or school-level policies, 
procedures, and plans for dropout prevention and school 
reentry; 
"(2) the development and implementation of activities, includ-
ing extended day or summer programs, designed to address poor 
achievement, basic skills deficiencies, language deficiencies, or 
course failures, in order to assist students at risk of dropping 
out of school and students reentering school; 
"(3) the establishment or expansion of work-study, apprentice, 
or internship programs; 
"(4) the use of resources of the community, including contract- Contracts, 
ing with public or private entities or community-based organiza-
tions of demonstrated performance, to provide services to the 
grant recipient or the target population; 
"(5) the evaluation and revision of program placement of 
students at risk; 
"(6) the evaluation of program effectiveness of dropout 
programs; 
"(7) the development and implementation of programs for 
traditionally underserved groups of students; 
"(8) the implementation of activities which will improve stu-
dent motivation and the school learning environment; 
"(9) the provision of training for school staff on strategies and 
techniques designed to— 
"(A) identify children at risk of dropping out; 
"(B) intervene in the instructional program with support 
and remedial services; 
"(C) develop realistic expectations for student perform-
ance; and 
"(D) improve student-staff interactions; 
"(10) the study of the relationship between drugs and drop-
outs and between youth gangs and dropouts, and the coordina-
tion of dropout prevention and reentry programs with 
appropriate drug prevention and community organizations for 
the prevention of youth gangs; 
"(11) the study of the relationship between handicapping 
conditions and student dropouts; 
"(12) the study of the relationship between the dropout rate 
for gifted and talented students compared to the dropout rate 
for the general student enrollment; 
"(13) the use of educational telecommunications and broad-
casting technologies and educational materials designed to 
extend, motivate, and reinforce school, community, and home 
dropout prevention and reentry activities; and 
Communications 
and tele-
communications. 
102 STAT. 270 
PUBLIC LAW 100-297—APR. 28, 1988 
Grants. 
EmpIo3mient 
and 
unemplojmient. 
Grants. 
20 u s e 3247. 
"(14) the provision of other educational, occupational and 
testing services and activities which directly relate to the pur-
pose of this part. 
"(b) AcnviTiES F
O
R EDUCATIONAL PARTNERSHIPS.—Grants under 
this part may be used by educational partnerships for— 
"(1) activities which offer jobs and college admissions for 
successful completion of the program for which assistance is 
sought; 
"(2) internship, work study, or apprenticeship programs; 
"(3) summer employment programs; 
"(4) occupational training programs; 
"(5) career opportunity and skills counseling; 
"(6) job placement services; 
"(7) the development of skill employment competency testing 
programs; 
"(8) special school staff training projects; and 
"(9) any other activity described in subsection (a). 
"SEC. 6007. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS. 
"(a) DISTRIBUTION OF ASSISTANCE.—The Secretary shall ensure 
that, to the extent practicable, in approving grant applications 
under this part— 
"(1) grants are equitably distributed on a geographic basis 
within each category set forth in section 6004(a); 
"(2) the amount of a grant to a local educational agency for a 
fiscal year is proportionate to the extent and severity of the 
local school dropout problem; 
"(3) not less than 30 percent of the amount available for 
grants in each fiscal year is used for activities relating to school 
dropout prevention; and 
"(4) not less than 30 percent of the amount available for 
grants in each fiscal year is used for activities relating to 
persuading school dropouts to return to school and assisting 
former school dropouts with specialized services once they 
return to school. 
"(b) ADMINISTRATIVE COSTS.—Not more than 5 percent of any 
grant made under this part may be used for administrative costs. 
Secondary 
Schools Basic 
SkUls 
Demonstration 
Assistance Act 
of 1988. 
20 u s e 3261. 
Disadvantaged 
persons. 
20 u s e 3262. 
20 u s e 3263. 
"PART B—ASSISTANCE TO PROVIDE BASIC SKILLS 
IMPROVEMENT 
"SEC. 6101. SHORT TITLE. 
"This part may be cited as the 'Secondary Schools Basic Skills 
Demonstration Assistance Act of 1988'. 
"SEC. 6102. PURPOSE. 
"It is the purpose of this part to provide assistance to local 
educational agencies with high concentrations of children from low-
income families to improve the achievement of educationally dis-
advantaged children enrolled in the secondary schools of such 
agencies. 
"SEC. 6103. AUTHORIZATION OF APPROPRIATIONS. 
"There are authorized to be appropriated to carry out this part 
$200,000,000 for fiscal year 1989. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 271 
"SEC. 6104. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
20 USC 3264. 
"(a) GENERAL AUTHORITY.—From the amount appropriated under 
section 6103 for any fiscal year the Secretary shall make grants to 
local educational agencies in accordance with the provisions of this 
part. 
"0)) COMMUNITY-BASED ORGANIZATIONS RULE.—Each local edu-
cational agency may carry out the activities described in section 
6105 in cooperation with community-based organizations. 
"(c) EuGiBLE STUDENTS.—Secondary school students who meet the 
requirements of part A of chapter 1 of title I of this Act other than 
the requirement of attendance in the designated school attendance 
area shall be eligible to participate in programs and activities 
assisted under this part. 
"SEC. 6105. AUTHORIZED ACTIVITIES. 
20 USC 3265. 
"(a) IN GENERAL.—Funds made available under this part may be 
used— 
"(1) to initiate or expand programs designed to meet the 
special educationsd needs of secondary school students and to 
help such students attain grade level proficiency in basic skills, 
and, as appropriate, learn more advanced skills; 
"(2) to develop innovative approaches— 
"(A) for surmounting barriers that make secondary 
school programs under this part difficult for certain stu-
dents to attend and difficult for secondary schools to admin-
ister, such as scheduling problems; and 
"(B) for courses leading to successful completion of the 
general educational development test or of graduation 
requirements; 
"(3) to develop and implement innovative programs involving Employment 
community-based organizations or the private sector, or both, to and 
provide motivational activities, pre-employment training, or unemployment, 
transition-to-work activities; 
"(4) to provide programs for eligible students outside the 
school, with the goal of reaching school dropouts who will not 
reenter the traditional school, for the purpose of providing 
compensatory education, basic skills education, or courses for 
general educational development; 
"(5) to use the resources of the community to assist in provid-
ing services to the target population; 
"(6) to provide training for staff who will work with the target 
population on strategies and techniques for 
identifying, 
instructing, and assisting such students; 
"(7) to provide guidance and counseling activities, support 
services, exploration of postsecondary educational opportuni-
ties, youth emplo3niient activities, and other pupil services 
which are necessary to assist eligible students; or 
"(8) to recruit, train, and supervise secondary school students 
(including the provision of stipends to students in greatest need 
of financial assistance) to serve as tutors of other students 
eligible for services under this part and under part A of chapter 
1 of title I of this Act, in order to assist such eligible students 
with homework assignments, provide instructional activities, 
and foster good study habits and improved achievement. 
"(b) LIMITATION.—Not more than 25 percent of amounts available 
to a local educational agency under this part may be used by such 
102 STAT. 272 
PUBLIC LAW 100-297—APR. 28, 1988 
agency for noninstructional services such as those described in 
subsections (a)(3), (a)(5), and (a)(7). 
20 use 3266. 
"SEC. 6106. APPLICATION. 
Grants. 
"(a) IN GENERAL.—(1) A grant under this part may be made only 
to a local educational agency which submits an application to the 
Secretary containing or accompanied by such information as the 
Secretary may reasonably require. 
"(2) Applications shall be for a 1-year period. 
"(b) CONTENTS OF APPLICATION.—Each such application shall 
include— 
"(1) a description of the program goals and the manner in 
which funds will be used to initiate or expand services to 
secondary school students; 
"(2) a description of the activities and services which will be 
provided by the program (including documentation to dem-
onstrate that the local educational agency has the qualified 
personnel needed to develop, administer, and implement the 
program under this part); 
"(3) a list of the secondary schools within the local edu-
cational agency in which programs will be conducted and a 
description of the needs of the schools, in terms of achievement 
levels of students and poverty rates; 
"(4) an assurance that programs will be operated in secondary 
schools with the greatest need for assistance, in terms of 
achievement levels and poverty rates; 
"(5) an assurance that parents of eligible students will be 
involved in the development and implementation of programs 
under this part; 
"(6) a statement of the methods which will be used— 
"(A) to ensure that the programs will serve eligible stu-
dents most in need of the activities and services provided by 
this part; and 
"(B) an assurance that services will be provided under 
this part to special populations, such as individuals with 
limited English proficiency and individuals with handicaps; 
"(7) an assurance that the program will be of sufficient size, 
scope, and quality to offer reasonable promise of success; 
"(8) a description of the manner in which the agency will 
provide for equitable participation of private school students as 
provided under section 1017 of this Act; 
"(9) a description of the methods by which the applicant will 
coordinate programs under this part with programs for the 
eligible student population operated by community-based 
organizations, social service organizations and agencies, private 
sector entities, and other agencies, organizations, and institu-
tions, and with programs conducted under the Carl D. Perkins 
Vocational Education Act, the Job Training Partnership Act, 
and other relevant Acts; and 
"(10) such other information as the Secretary may require to 
determine the nature and quality of the proposed project and 
the applicant's ability to carry out the project. 
"(c) APPROVAL OF APPLICATIONS.—(1) The Secretary shall, in 
approving applications under this section, give special consideration 
to programs that— 
Disadvantaged 
"(A) demonstrate the greatest need for services assisted under 
persons. 
this part based on their numbers or proportions of secondary 
Disadvantaged 
persons. 
Handicapped 
persons. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 273 
school children from low-income families and numbers or 
proportions of low-achieving secondary school children; and 
"(B) offer innovative approaches to improving achievement 
among eligible secondary school children and offer approaches 
which show promise for replication and dissemination. 
"(2) The Secretary shall ensure that programs for which applica-
tions are approved under this section are representative of urban 
and rural regions in the United States. 
"(d) ADMINISTRATIVE COSTS.—Not more than 5 percent of any 
grant under this part may be used for administrative costs. 
"PART C—GENERAL PROVISIONS 
Urban areas. 
Rural areas. 
"SEC. 6201. GENERAL PROVISIONS. 
20 USC 3271. 
"(a) DEFINITION OF SCHOOL DROPOUT.—The Secretary shall, not 
later than 60 days after the date of the enactment of this title, 
establish a standard definition of a school dropout, after consulta-
tion with pertinent organizations and groups. If the Secretary has 
defined the term 'school dropout' for fiscal year 1988 that definition 
shall apply for the purposes of this section. 
"(b) TIMELY AWARD OF GRANTS.—To the extent possible, for any 
fiscal year the Secretary shall award grants to local educational 
agencies and educational partnerships under this part not later 
than June 30 preceding such fiscal year. 
"(c) GRANTS MUST SUPPLEMENT OTHER FUNDS.—A local edu-
cational agency receiving Federal funds under this title shall use 
such Federal funds only to supplement the funds that would, in the 
absence of such Federal funds, be made available from non-Federal 
sources or under provisions of Federal law other than this title for 
activities described in part A or part B of this title, as the case may 
be. 
"(d) EVALUATION.—The Secretary shall evaluate programs oper- Reports, 
ated with funds received under this title, and shall issue a report at 
the end of the grant period, but in no case later than January 30, 
1991. 
"(e) COORDINATION AND DISSEMINATION.—The Secretary shall re-
quire local educational agencies receiving grants under this title to 
cooperate with the coordination and dissemination efforts of the 
National Diffusion Network and State educational agencies. 
"(D AUDIT.—The Comptroller General shall have access for the 
purpose of audit and examination to any books, documents, papers, 
and records of any local educational agency or educational partner-
ship receiving assistance under this title that are pertinent to the 
sums received and disbursed under this title. 
"(g) WITHHOLDING PAYMENTS.—Whenever the Secretary, after 
reasonable notice and opportunity for a hearing to any local edu-
cational agency or educational partnership, finds that the local 
educational agency or educational partnership has failed to comply 
substantially with the provisions set forth in its application ap-
proved under section 6105 or section 6106, the Secretary shall 
withhold payments under this title in accordance with section 453 of 
the General Education Provisions Act until the Secretary is satisfied 
that there is no longer any failure to comply. 
"SEC. 6202. DEFINITIONS. 
20 USC 3272. 
"(a) As used in this title— 
102 STAT. 274 
PUBLIC LAW 100-297—APR. 28, 1988 
"(1) The term 'community-based organization' means a pri-
vate nonprofit organization which is representative of a commu-
nity or significant segments of a community and which has a 
proven record of providing effective educational or related serv-
ices to individuals in the community. 
"(2) The term 'basic skills' includes reading, writing, mathe-
matics, and computational proficiency as well as comprehension 
and reasoning. 
Biimguai 
"TITLE VII—BILINGUAL EDUCATION 
Education Act 
PROGRAMS 
20 u s e 3281. 
"SEC. 7001. SHORT TITLE. 
"This title may be cited as the 'Bilingual Education Act'. 
20 use 3282. 
"SEC. 7002. POLICY; APPROPRIATIONS. 
"(a) POLICY.—Recognizing— 
"(1) that there are large and growing numbers of children of 
limited English proficiency; 
"(2) that many of such children have a cultural heritage 
which differs from that of English proficient persons; 
"(3) that the Federal Government has a special and continu-
ing obligation to assist in providing equal educational oppor-
tunity to limited English proficient children; 
"(4) that, regardless of the method of instruction, programs 
which serve limited English proficient students have the 
equally important goals of developing academic achievement 
and English proficiency; 
"(5) that the Federal Government has a special and continu-
ing obligation to assist language minority students to acquire 
the English language proficiency that will enable them to 
become full and productive members of society; 
"(6) that the instructional use and development of a child's 
non-English native language promotes student self-esteem, sub-
ject matter achievement, and English-language acquisition; 
"(7) that a primary means by which a child learns is through 
the use of such child's native language and cultural heritage; 
"(8) that, therefore, large numbers of children of limited 
English proficiency have educational needs which can be met by 
the use of bilingual educational methods and techniques; 
"(9) that in some school districts establishment of bilingual 
education programs may be administratively impractical due to 
the presence of small numbers of students of a particular native 
language or because personnel who are qualified to provide 
bilingual instructional services are unavailable; 
"(10) that States and local school districts should be encour-
aged to determine appropriate curricula for limited English 
proficient students within their jurisdictions and to develop and 
implement appropriate instructional programs; 
"(11) that children of limited English proficiency have a high 
dropout rate and low median years of education; 
"(12) that the segregation of many groups of limited English 
proficient students remains a serious problem; 
"(13) that reliance on student evaluation procedures which 
are inappropriate for limited English proficient students have 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 275 
resulted in the disproportionate representation of limited Eng-
lish proficient students in special education, gifted and talented, 
and other special programs; 
"(14) that there is a serious shortage of teachers and edu-
cational personnel who are professionally trained and qualified 
to serve children of limited English proficiency; 
"(15) that many schools fail to meet the full instructional 
needs of limited English proficient students who also may be 
handicapped or gifted and talented; 
"(16) that both limited English proficient children and chil-
dren whose primary Isuiguage is English can benefit from bilin-
gual education programs, and that such programs help develop 
our national linguistic resources and promote our international 
competitiveness; 
"(17) that research, evaluation, and data collection capabili-
ties in the field of bilingual education need to be strengthened 
so as to better identify and promote those programs and instruc-
tional practices which result in effective education; 
"(18) that parent and community participation in bilingual 
education programs contributes to program effectiveness; and 
"(19) that because of limited English proficiency, many adults 
are not able to participate fiilly in national life, and that limited 
English proficient parents are often not able to participate 
effectively in their children's education, 
the Congress declares it to be the policy of the United States, in 
order to establish equal educational opportunity for all children and 
to promote educational excellence (A) to encourage the establish-
ment and operation, where appropriate, of educational programs 
using bilingual educational practices, techniques, and methods, (B) 
to encourage the establishment of special alternative instructional 
programs for students of limited English proficiency in school dis-
tricts where the establishment of buingual education programs is 
not practicable or for other appropriate reasons, and (C) for those 
purposes, to provide financial assistance to loc«d educational agen-
cies, and, for certain related purposes, to State educational agencies, 
institutions of higher education, and community organizations. The 
programs assisted under this title include programs in elementary 
and secondary schools as well as related preschool and adult pro-
grams which are designed to meet the educational needs of individ-
uals of limited English proficiency, with particular attention to 
children having the greatest need for such prc^ams. Such programs 
shall be designed to enable students to achieve full competence in 
English and to meet school grade-promotion and graduation require-
ments. Such programs may additionally provide for the development 
of student competence in a second language. 
"(b) AUTHORIZATION.—(1) For the purpose of carrying out the 
provisions of this title, there are authorized to be appropriated, 
subject to paragraph (6), $200,000,000 for the fiscal year 1989 and 
such sums as may be necessary for the fiscal year 1990 and for each 
succeeding fiscal year ending prior to October 1,1993. 
"(2) There are further authorized to be appropriated to carry out 
the provisions of section 7032, subject to paragraph (6), such sums as 
may be necessary for the fiscal year 1989 and each of the 4 succeed-
ing fiscal years. 
(3) From the sums appropriated under paragraph (1) for part A 
for any fiscal year, the Secretary may reserve not to exceed 25 
percent for special alternative instructional programs and related 
102 STAT. 276 
PUBLIC LAW 100-297—APR. 28, 1988 
activities authorized under section 7021(aX3) and may include pro-
grams under paragraphs (2), (4), (5), and (6) of section 7021(a). 
"(4) From the sums appropriated under paragraph (1) for any 
fiscal year, the Secretary shall" reserve at least 60 percent for the 
programs carried out under part A of this title; and of this amount, 
at least 75 percent shall be reserved for the programs of transitional 
bilingual education carried out under section 7021(a)(1), and may 
include programs under paragraphs (2), (4), (5), and (6) of section 
7021(a). 
"(5) From the sums appropriated under paragraph (1) for any 
fiscal year, the Secretary shall reserve at least 25 percent for 
training activities carried out under part C. 
"(6) Notwithstanding paragraphs (1) and (2), no amount in excess 
of $200,000,000 may be appropriated for the fiscal year 1989 to carry 
out the provisions of this title (including section 7032). 
"(7) The reservation required by paragraph (3) shall not result in 
changing the terms, conditions, or negotiated levels of any grant 
awarded in fiscal year 1987 to which section 7021(d)(lXA), 
7021(d)(1)(C), or 7021(d)(2) applies. 
20 use 3283. 
"SEC. 7003. DEFINITIONS; REGULATIONS. 
"(a) GENERAL RULE.—The following definitions shall apply to the 
terms used in this title: 
"(1) The terms 'limited English proficiency' and 'limited Eng-
lish proficient' when used with reference to individuals means— 
"(A) individuals who were not born in the United States 
or whose native language is a language other than English; 
^ 
"(B) individuals who come from environments where a 
language other than English is dominant; and 
"(C) individuals who are American Indian and Alaska 
Natives and who come from environments where a lan-
guage other than English has had a significant impact on 
their level of English language proficiency; 
and who, by reason thereof, have sufficient difficulty speaking, 
reading, writing, or understanding the English language to 
deny such individuals the opportunity to learn successfully in 
classrooms where the language of instruction is English or to 
participate fully in our society. 
"(2) The term 'native language', when used with reference to 
an individual of limited English proficiency, means the lan-
guage normally used by such individuals, or in the case of a 
child, the language normally used by the parents of the child. 
"(3) The term 'low-income' when used with respect to a family 
means an annual income for such a family which does not 
exceed the poverty level determined pursuant to section 
1005(c)(2) of this Act. 
"(4)(A) The term 'program of transitional bilingual education' 
means a program of instruction, designed for children of limited 
English proficiency in elementary or secondary schools, which 
provides, with respect to the years of study to which such 
program is applicable, structured English language instruction, 
and, to the extent necessary to allow a child to achieve com-
petence in the English language, instruction in the child's 
native language. Such instruction shall incorporate the cultural 
heritage of such children and of other children in American 
society. Such instruction shall, to the extent necessary, be in all 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 277 
courses or subjects of study which will allow a child to meet 
grade-promotion and graduation standards. 
"(B) In order to prevent the segregation of children on the 
basis of national origin in programs of transitional bilingual 
education, and in order to broaden the understanding of chil-
dren about languages and cultural heritages other than their 
own, a program of transitional bilingual education may include 
the participation of children whose language is English, but in 
no event shall the percentage of such children exceed 40 per-
cent. The program may provide for centralization of teacher 
training and curriculum development, but it shall serve such 
children in the schools which they normally attend. 
"(C) In such courses or subjects of study as art, music, and 
physical education, a program of transitional bilingual edu-
cation shall make provision for the participation of children of 
limited English proficiency in regular classes. 
"(D) Children enrolled in a program of transitional bilingual 
education shall, if graded classes are used, be placed, to the 
extent practicable, in classes with children of approximately the 
same age and level of educational attainment. If children of 
significantly varying ages or levels of educational attainment 
are placed in the same class, the program of transitional bilin-
gual education shall seek to insure that each child is provided 
with instruction which is appropriate for such child's level of 
educational attainment. 
"(5XA) The term 'program of developmental bilingual edu-
cation' means a full-time program of instruction in elementary 
and secondary schools which provides, with respect to the years 
of study to which such program is applicable, structured Eng-
lish language instruction and instruction in a second language. 
Such programs shall be designed to help children achieve com-
petence in English and a second language, while mastering 
subject matter skills. Such instruction shall, to the extent nec-
essary, be in all courses or subjects of study which will allow a 
child to meet grade-promotion and graduation standards. 
"(B) Where possible, classes in programs of developmental 
bilingual education shall be comprised of approximately equal 
numbers of students whose native language is English and 
limited English proficient students whose native language is the 
second language of instruction and study in the program. 
"(6) The term 'special alternative instructional programs' 
means programs of instruction designed for children of limited 
English proficiency in elementary and secondary schools. Such 
programs are not transitional or developmental bilingual edu-
cation programs, but have specially designed curricula and are 
appropriate for the particular linguistic and instructional needs 
of the children enrolled. Such programs shall provide, with 
respect to the years of study to which such program is 
applicable, structured English language instruction and special 
instructional services which will allow a child to achieve com-
petence in the English language and to meet grade-promotion 
and graduation standards. 
"(7) The term 'family English literacy program' means a 
program of instruction designed to help limited English pro-
ficient adults and out-of-school youth achieve competence in the 
English language. Such programs of instruction may be con-
ducted exclusively in English or in English and the student's 
102 STAT. 278 
PUBLIC LAW 100-297—APR. 28, 1988 
native language. Where appropriate, such programs may 
include instruction on how parents and family members can 
facilitate the educational achievement of limited English pro-
ficient children. To the extent feasible, preference for participa-
tion in such programs shall be accorded to the parents and 
immediate family members of children enrolled in programs 
assisted under this title. Such programs of instruction may 
include instruction designed to enable aliens who are otherwise 
eligible for temporary resident status under section 245A of the 
Immigration and Nationality Act to achieve a minimal under-
standing of ordinary English and a knowledge and understand-
ing of history and government of the United States as required 
by section 312 of such Act. 
"(8) The term 'programs of academic excellence' means pro-
grams of transitional bilingual education, developmental bilin-
gual education, or special alternative instruction (A) which have 
an established record of providing effective, academically excel-
lent instruction; and (B) which— 
"(i) can be used as models for effective schools for limited 
English proficient students to facilitate the dissemination 
and use of effective teaching practices for limited English 
proficient students; or 
"(ii) which are designed to serve as models of exemplary 
bilingual education programs and to facilitate the dissemi-
nation of effective bilingual educational practices. 
"(9) The term 'Office' means the Office of Bilingual Education 
and Minority Languages Affairs. 
"(10) The term 'Director' means the Director of the Office of 
Bilingual Education and Minority Languages Affairs. 
"(11) The term 'Secretary' means the Secretary of Education. 
"(12) The term 'other programs for persons of limited English 
proficiency' when used in this title means any programs within 
the Department of Education directly involving bilingual edu-
cation activities serving persons of limited English proficiency, 
such as the programs carried out in coordination with the 
provisions of this title pursuant to part E of title IV of the Carl 
D. Perkins Vocational Education Act, and section 306(bXll) of 
the Adult Education Act, and programs and projects serving 
individuals of limited English proficiency pursuant to section 
6(bX4) of the Library Services and Construction Act. 
"(b) REGULATION REQUIREMENT.^ 1) In prescribing regulations 
under this title, the Secretary shall consult with State and local 
educational agencies, organizations representing persons of limited 
English proficiency, and organizations representing teachers and 
other personnel involved in bilingual education. 
"(2) The Secretary shall not prescribe under this title any regula-
tions further defining the terms defined in subsection (a), or any 
regulations restricting or expanding the definitions set out in 
subsection (a). 
"(c) SPECIAL INFORMATION RULE.—Parents of children participat-
ing in programs assisted under this title shall be informed of the 
instructional goals of the program and the progress of their children 
in such program. Every effort shall be made to provide the informa-
tion to parents pursuant to this subsection in a language and form 
the parents understand. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 279 
"PART A—FINANCIAL ASSISTANCE FOR BILINGUAL 
EDUCATION PROGRAMS 
"SEC, 7021. BILINGUAL EDUCATION PROGRAMS. 
Grants. 
20 u s e 3291 
"(a) USES OF FUNDS.—Funds available for grants under this part 
shall be used for the establishment, operation, and improvement 
of— 
"(1) programs of transitional bilingual education; 
"(2) programs of developmental bilingual education; 
"(3) special alternative instructional programs for students of 
limited English proficiency; 
"(4) programs of academic excellence; 
"(5) family English literacy programs; and 
"(6) bilingual preschool, special education, and gifted and 
talented programs preparatory or supplementary to programs 
such as those assisted under this Act. 
Programs under this subsection may use available funds to provide 
technology-based instruction to students in order to enhance the 
program. 
"(b) APPLICATIONS.—(1) A grant may be made under subsection 
(aXD, (a)(2), or (a)(3) of this section only upon application therefor by 
1 or more local educational agencies or by institutions of higher 
education, including junior or community colleges, applying jointly 
with 1 or more local educational agencies. 
"(2) A grant may be made under subsection (a)(4), (a)(5), or (a)(6) 
only upon application by one or more local educational agencies; 
institutions of higher education, including junior or community 
colleges; or private nonprofit organizations, applying separately or 
jointly. 
"(c) CONTENT OF APPLICATION.—(1) Any application for a grant 
authorized under subsection (a) of this section shall be made to the 
Secretary at such time, and in such manner, as the Secretary 
considers appropriate. 
"(2) Applications for grants authorized under subsections (a)(1), 
(aK2), and (a)(3) of this section shall contain information regarding— 
"(A) the number of children enrolled in programs conducted 
by the local educational agency; 
"(B) the number of children residing in the area served by the 
local educational agency who are enrolled in private schools; 
"(CXi) the number of children enrolled in public and private 
schools in the area served by the local educational agency who 
are limited in their English proficiency; (ii) the method used by 
the applicant to make this determination; and (iii) evidence of 
the educational condition of the limited English proficient stu-
dents, such as reading, mathematics, and subject matter test 
scores, and, where available, data on grade retention rates and 
student dropout rates; 
"(D) the number of limited English proficient children who 
are enrolled in instructional programs specifically designed to 
meet their educational needs, as well as descriptions of such 
programs; 
"(E) the number of limited English proficient children en-
rolled in public or private schools in the area served by the local 
educational agency who need or could benefit from education 
programs such as those assisted under this title; 
102 STAT. 280 
PUBLIC LAW 100-297—APR. 28, 1988 
"(F) the number of children who are to receive instruction 
through the proposed program and the extent of their edu-
cational needs; 
"(G) a statement of the applicant's ability to serve children of 
limited English proficiency, including an assessment of the 
qualifications of personnel who will participate in the proposed 
project and of the need for further training of such personnel; 
"(H) the resources needed to develop and operate or improve 
the proposed program; 
"(I) the activities which would be undertaken under the 
grant, including training of educational personnel and parents, 
and how these activities will improve the educational attain-
ment of students and expand the capacity of the applicant to 
operate programs such as those assisted under this Act when 
Federal assistance under this section is no longer available; and 
"(J) the specific educational goals of the proposed program 
and how achievement of these goals will be measured. 
"(3) An application for a grant under subsection (a)(3) of this 
section shall receive priority if the application— 
"(A) 
describes 
the 
administrative 
impracticability 
of 
establishing a bilingual education program due to the presence 
of a small number of students of a particular native language, 
"(B) describes the unavailability of personnel qualified to 
provide bilingual instructional services, or 
"(C) is made on behalf of a local educational agency having a 
small number of limited English proficient students in the 
schools of such agency that because of isolation or regional 
location is unable to obtain a native language teacher. 
"(4) Applications for grants authorized under subsection (aK4) 
shall contain information regarding— 
"(A) the number of children served by the existing bilingual 
education program and evidence of their educational condition 
prior to enrollment in the program; 
"(B) a description of the existing program as well as the 
educational background and linguistic competencies of program 
personnel; 
"(C) the extent to which the program has promoted student 
academic achievement as indicated by objective evidence, such 
as improvements in language, mathematics, and subject matter 
test scores; grade retention rates; student dropout rates; and, 
where appropriate, postsecondary education and employment 
experiences of students; 
"(D) the extent of parent involvement in and satisfaction with 
the existing bilingual education program; and 
"(E) how the activities carried out under the grant would 
utilize and promote programs of academic excellence which 
employ bilingual education practices, techniques, and methods. 
"(5) Applications for grants authorized under subsection (a)(5) 
shall contain information regarding— 
"(A) the number of limited English proficient parents and out-
of-school family members of limited English proficient students 
who would be served by the English literacy program; 
"(B) the activities which would be undertaken under the 
grant and how these activities will promote English literacy and 
enable parents and family members to assist in the education of 
limited English proficient children; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 281 
"(C) the extent to which the persons to be served by the 
program have been involved in its development; 
"(D) applicant's prior experience and performance in provid-
ing educational programs to limited English proficient adults 
and out-of-school youth; 
"(E) with respect to applications by a local educational 
agency, the extent to which limited English proficient students 
enrolled in the educational agency are served by programs 
specifically designed to meet their needs; and 
"(F) with respect to other applicants, a description of how the 
applicant will coordinate its program with a local education 
agency to ensure that the program will help limited English 
proficient family members promote the academic progress of 
limited English proficient children. 
"(d) DURATION OF GRANTS.—(1)(A) Grants made pursuant to 
subsections (aXD, (a)(2), and (a)(3) of this section shall be for 3 years. 
"(B) During the first 12 months of grants made pursuant to 
subsections (a)(1), (a)(2), and (a)(3) of this section, an applicant may 
engage exclusively in preservice activities. Such activities may in-
clude program design, materials development, staff recruitment and 
training, development of evaluation mechanisms and procedures, 
and the operation of programs to involve parents in the educational 
program and to enable parents and family members to assist in the 
education of limited English proficient children. 
"(C) Upon reapplication, grants authorized under subsections (a) 
(1), (2), and (3) of this section shall be renewed for 2 additional years 
unless the Secretary determines that— 
"(i) the applicant's program does not comply with the require-
ments set out in this title; 
"(ii) the applicant's program has not made substantial 
progress in achieving the specific educational goals set out in 
the original application; or 
"(iii) there is no longer a need for the applicant's program. 
"(D) Parents or legal guardians of students identified for enroll-
ment in bilingual education programs shall be informed of (i) the 
reasons for the selection of their child as in need of bilingual 
education, (ii) the alternative educational programs that are avail-
able, and (iii) the nature of the bilingual education program and of 
the instructional alternatives. Parents shall also be informed that 
they have the option of declining enrollment of their children in 
such programs and shall be given an opportunity to do so if they so 
choose. Every effort shall be made to provide the information to 
parents pursuant to this subsection in a language and form the 
parents understand. 
"(2) Grants made pursuant to subsections (a)(4), (aX5), and (a)(6) 
shall be for 3 years. 
"(3)(A) No student may be enrolled in a bilingual program for 
which a grant is made under subsection (a)(1) or (a)(3) of this section 
for a period of more than 3 years, except where the school in which 
the student is enrolled— 
"(i) conducts a comprehensive evaluation of the overall aca-
demic progress of the student, and 
"(ii) the results of the evaluation indicate that lack of English 
Handicapped 
proficiency is impeding the academic progress of the student in persons, 
meeting grade promotion and graduation standards and, in the 
case of a handicapped child attainment of the objective in the 
child's individualized education program. 
102 STAT. 282 
PUBLIC LAW 100-297—APR. 28, 1988 
Any student with respect to whom the requirements of this para-
graph are met, may remain in the program for a fourth year, except 
as provided in division (ii) of subparagraph (B). 
"(B)(i) The evaluation required by paragraph (A) shall involve 
teachers and school personnel familiar with the students' overall 
academic progress. The results of such an evaluation shall be made 
available to the parents of the student. 
"(ii) An evaluation shall be carried out at the end of the fourth 
year the student is in the program described in subparagraph (A) if 
the student is to continue in the program for a fifth year and shall 
be conducted in accordance with division (i) of this subparagraph, 
"(iii) Each evaluation shall indicate how the students' English 
language development will be addressed during the period a student 
is retained in the program. The students' academic program during 
that period shall emphasize mastery of English. 
"(C) No student shall remain in a bilingual education program 
described in subparagraph (A) for more than 5 years. 
"(D) In carrying out this title, each local educational agency, 
institution of higher education, and private nonprofit organization 
having an application approved under this section may intensify 
instruction for limited English proficient students throughout the 
regular and any supplementary program by— 
"(i) expanding the educational calendar of the schools in 
which such student is enrolled to include programs before and 
after school and during the summer months; 
"(ii) lowering per pupil ratios, including the use of profes-
sional and volunteer aides; and 
"(iii) the application of technology to the course of instruction. 
"(e) APPUCATION REQUIREMENTS.—An application for a grant 
authorized under subsections (aXD, (aX2), and (aX3) of this section 
shall— 
"(1) be developed in consultation with an advisory council, of 
which a majority shall be parents and other representatives of 
the children to be served in such programs, in accordance with 
criteria prescribed by the Secretary; 
"(2) be accompanied by documentation of such consul-
tation and by the comments which the council makes on the 
application; 
"(3) contain assurances that, after the application has been 
approved, the applicant will provide for the continuing con-
sultation with, and participation by, the committee of parents, 
teachers, and other interested individuals which shall be 
selected by and predominantly composed of parents of children 
participating in the program, and in the case of programs 
carried out in secondary schools, representatives of the second-
ary students to be served; 
"(4) ensure applicant support for additional advisory council 
activities, if support is requested by the advisory council; and 
"(5) include evidence that the State educational agency has 
been notified of the application and has been given the oppor-
tunity to offer recommendations thereon to the applicant and to 
the Secretary. 
"(f) APPROVAL OF APPUCATIONS.—An application for a grant under 
subsections (aXD, (aX2), and (aX3) of this section may be approved 
only if the Secretary determines— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 283 
"(1) that the program will use qualified personnel, including 
only those personnel who are proficient in the language or 
languages used for instruction; 
"(2) that in designing the program for which application is 
made, the needs of the children in nonprofit private elementary 
and secondary schools have been taken into account through 
consultation with appropriate private school officials and, 
consistent with the number of such children enrolled in such 
schools in the area to be served whose educational needs are of 
the type and whose language and grade levels are of a similar 
type which the program is intended to address, after consulta-
tion with appropriate private school officials, provision has been 
made for the participation of such children on a basis com-
parable to that provided for public schoolchildren; 
"(3) that the program will be evaluated in accordance with a 
plan that meets the requirements of section 7033 of this title; 
"(4) that student evaluation and assessment procedures in the Handicapped 
program are appropriate for limited English proficiency stu- persons, 
dents, and that limited English proficient students who are 
handicapped are identified and served in accordance with the 
requirements of the Education of the Handicapped Act; 
"(5) that Federal funds made available for the project or 
activity will be used so as to supplement the level of State and 
local funds that, in the absence of those Federal funds, would 
have been expended for special programs for children of limited 
English proficiency and in no case to supplant such State and 
local funds, except that nothing in this paragraph shall— 
"(A) preclude a local educational agency from using funds 
under this title for activities carried out under an order of a 
court of the United States or of any State respecting serv-
ices to be provided such children, or to carry out a plan 
approved by the Secretary as adequate under title VI of the 
Civil Rights Act of 1964 with respect to services to be 
provided such children; or 
"(B) authorize any priority or preference to be assigned 
by the Secretary to the funding of the activities under this 
title; 
"(6) that the assistance provided under the application will 
contribute toward building the capacity of the applicant to 
provide a program on a regular basis, similar to that proposed 
for assistance, which will be of sufficient size, scope, and quality 
to promise significant improvement in the education of children 
of limited English proficiency, and that the applicant will have 
the resources and commitment to continue the program when 
assistance under this title is reduced or no longer available; 
"(7) that the applicant will provide or secure training for 
personnel participating, or preparing to participate, in the pro-
gram which will assist them to meet State and local certifi-
cation requirements and that, to the extent possible, college or 
university credit will be awarded for such training; and 
"(8) that the provision of assistance proposed in the applica-
tion is consistent with criteria established by the Secretary, 
after consultation with the State educational agency, for the 
purpose of achieving an equitable distribution of assistance 
under this part within the State in which the applicant is 
located, taking into consideration— 
19-194 O—91—Part 1 
11 : QL 3 
102 STAT. 284 
PUBLIC LAW 100-297—APR. 28, 1988 
"(A) the geographic distribation of children of limited 
English proficiency; 
"(B) the relative need of persons in different geographic 
areas within the State for the kinds of services and activi-
ties authorized under this title; 
"(C) the relative ability of applicant local educational 
agencies within the State to provide needed services and 
activities; and 
Disadvantaged 
"(D) the relative numbers of persons from low-income 
P®'^^®- 
families who would benefit from the applicants' programs; 
and 
"(9) that the State educational agency has been notified of the 
application and has been given the opportunity to offer rec-
ommendations thereon to the applicant and to the Secretary. 
"(g) PRIORITY CONSIDERATION OF GRANTS.—An application for a 
grant under subsection (aX3) of this section may receive priority 
based upon the information provided by the applicant pursuant to 
clause (A), (B), or (C) of subsection (c)(3) of this section. 
"(h) PRIORITY FOR PROGRAMS SERVING UNDERSERVED CHILDREN.— 
In the consideration of applications from local educational agencies 
to carry out programs authorized under this section, the Secretary 
shall give priority to applications from local educational agencies 
which are located in various geographical regions of the Nation and 
which propose to assist children of limited English proficiency who 
have historically been underserved by programs of bilingual edu-
cation, taking into consideration the relative numbers of such chil-
dren in the schools of such local educational agencies and the 
relative need for such programs. In approving such applications, the 
Secretary shall, to the extent feasible, allocate funds appropriated in 
proportion to the geographical distribution of children of limited 
English proficiency throughout the Nation, with due regard for the 
relative ability of particular local educational agencies to carry out 
such programs and the relative numbers of persons from low-income 
families who would benefit from such programs. 
"(i) LIMITATION ON THE ASSIGNMENT OF STUDENTS.—No action 
taken may involve the admission or exclusion of students to or from 
any federally assisted education programs merely on the basis of the 
surnames of such students. 
"(j) PROGRAMS IN PUERTO RICO.—Programs authorized under this 
title in the Commonwealth of Puerto Rico may, notwithstanding any 
other provision of this title, include programs of instruction, teacher 
training, curriculum development, research, evaluation, and testing 
designed to improve the English proficiency of children, and may 
also make provision for serving the needs of students of limited 
proficiency in Spanish. 
"(k) BYPASS PROVISION.—If the Secretary determines that an 
applicant for assistance under this title is unable or unwilling to 
provide for the participation in the program for which assistance is 
sought of children of limited English proficiency enrolled in non-
profit, private schools, as required by subsection (fX2) of this section, 
the Secretary shall— 
"(1) withhold approval of such application until the applicant 
demonstrates that it is in compliance with those requirements; 
or 
"(2) reduce the amount of the grant to such applicant by the 
amount which is required for the Secretary to arrange (such as 
through a contract with a nonprofit, nonsectarian agency, 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 285 
organization, or institution) to assess the needs of the children 
in the area to be served for programs of the type authorized in 
this title and to carry out such programs for the children. 
"SEC. 7022. INDIAN CHILDREN IN SCHOOLS. 
20 USC 3292. 
"(a) ELIGIBLE ENTITIES.—For the purpose of carrying out programs Alaska, 
under this title for individuals served by elementary, secondary, or 
postsecondary schools operated predominantly for Indian or Alas-
kan Native children, an Indian tribe or a tribally sanctioned edu-
cational authority may be considered to be a local educational 
agency as such term is used in this title, subject to the following 
qualifications: 
"(1) The term 'Indian tribe' means any Indian tribe, band, 
nation, or other organized group or community, including any 
Alaska Native village or regional or village corporation as 
defined in or established pursuant to the Alsiskan Native 
Claims Settlement Act (85 Stat. 688) which is recognized for the 
special programs and services provided by the United States to 
Indians because of their status as Indians. 
"(2) The term 'tribally sanctioned educational authority' 
means any department or division of education operating 
within the administrative structure of the duly constituted 
governing body of an Indian tribe, as well as any nonprofit 
institution or organization which is chartered by the governing 
body of an Indian tribe to operate any such school or otherwise 
to oversee delivery of educational services to members of that 
tribe and which is approved by the Secretary for the purposes of 
this section. 
"(b) BUREAU OP INDIAN AFFAIRS SCHOOLS.—From the sums appro-
priated pursuant to section 7002(b), the Secretary is authorized to 
make payments to the applicants to carry out programs of bilingual 
education for Indian children on reservations served by elementary 
and secondary schools operated or funded by the Bureau of Indian 
Affairs. 
"(c) ANNUAL REPORT.—The Assistant Secretary of the Interior for 
the Bureau of Indian Affairs shall submit to the Congress, the 
President, and the Secretary by September 30 of each year an 
annual report which provides— 
"(1) an assessment of the needs of the Indian children with 
respect to the purposes of this title in schools operated or 
funded by the Department of the Interior, including those tribes 
and local educational agencies receiving assistance under the 
Johnson-O'Malley Act (25 U.S.C. 452 et seq.); and 
"(2) an assessment of the extent to which such needs are being 
met by funds provided to such schools for educational purposes 
through the Secretary of the Interior. 
"PART 
B—DATA 
COLLECTION, 
EVALUATION, 
AND 
RESEARCH 
"SEC. 7031. USE OF FUNDS. 
20 USC 3301. 
"Funds available under this part shall be used for (1) collecting 
data on the number of limited English proficient persons and the 
educational services available to such persons, (2) evaluating the 
operation and effectiveness of programs assisted under this title, (3) 
conducting research to improve the effectiveness of bilingual edu-
102 STAT. 286 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 3302. 
Regulations. 
Public 
information. 
cation programs, and (4) collecting, analyzing, and disseminating 
data and information on bilingual education. 
"SEC. 70.32. GRANTS FOR STATE PROCJRAMS. 
"(a) DATA COLLECTION AND DISSEMINATION.—Upon application 
from a State educational agency, the Secretary shall make provision 
for the submission and approval of a State program for the collec-
tion, aggregation, analysis, and publication of data and information 
on the State's population of limited English proficient persons and 
the educational services provided or available to such persons. 
"(b) REPORT TO SECRETARY.—State programs under this part shall 
provide for the annual submission of a report to the Secretary 
containing data and information on such matters as the Secretary 
shall, by regulation, determine necessary and proper to achieve the 
purposes of this title, including the matters specified in section 
7021(c)(2). Such reports shall be in such form and shall be submitted 
on such date as the Secretary shall specify by regulation. State 
programs shall provide for the dissemination of information regard-
ing these matters to the public, and particularly to persons of 
limited English proficiency. 
"(c) OTHER USES OF FUNDS.—State programs authorized under this 
section may also provide for— 
"(1) the planning and development of educational programs 
such as those assisted under this title; 
"(2) the review and evaluation of programs of bilingual edu-
cation, including bilingual education programs that are not 
funded under this title; 
"(3) the provision, coordination, or supervision of technical 
and other forms of nonfinancial assistance to local educational 
agencies, community organizations, and private elementary and 
secondary schools that serve limited English proficient persons; 
"(4) the development and administration of instruments and 
procedures for the assessment of the educational needs and 
competencies of persons of limited English proficiency; 
"(5) the training of State and local educational agency staff to 
carry out the purposes of this title; and 
"(6) other activities and services designed to build the capac-
ity of State and local educational agencies to serve the edu-
cational needs of persons of limited English proficiency. 
"(d) PAYMENTS.—Except as provided in the second sentence of this 
subparagraph, the Secretary shall pay from the amounts appro-
priated for the purposes of this section pursuant to section 7002(b)(2) 
for each fiscal year to each State educational agency which has a 
State program submitted and approved under subsection (a) of this 
section such sums as may be necessary for the proper and efficient 
conduct of such State program. The amount paid by the Secretary to 
any State educational agency under the preceding sentence for any 
fiscal year may not be less than $75,000 nor greater than 5 percent 
of the aggregate of the amounts paid under section 7021 for pro-
grams within such State in the fiscal year preceding the fiscal year 
to which this limitation applies. 
"(e) SUPPLEMENT NOT SUPPLANT.—Funds made available under 
this section for any fiscal year shall be used by the State educational 
agency to supplement and, to the extent practical, to increase the 
level of funds that would, in the absence of such funds, be made 
available by the State for the purposes described in this section, and 
in no case to supplant such funds. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 287 
"SEC. 7033. PROGRAM EVALUATION REQUIREMENTS. 
"The Secretary shall issue, within 6 months of the date of enact-
ment of this section, regulations which set forth a comprehensive 
design for evaluating the programs assisted under part A of this 
title. Such regulations shall be developed by the Director in 
consultation with State directors of bilingual education programs, 
the evaluation assistance centers authorized in section 7034, and 
individuals and organizations with expertise in testing and evalua-
tion of educational programs for children of limited English 
proficiency. Such regulations shall provide for the collection of 
information and data including— 
"(1) the educational background, needs, and competencies of 
the limited English proficient persons served by the program; 
"(2) the specific educational activities undertaken pursuant to 
the program; the pedagogical materials, methods, and tech-
niques utilized in the program; and, with respect to cleissroom 
activities, the relative amount of instructional time spent with 
students on specified tasks; 
"(3) the educational and professional qualifications, including 
language competencies, of the staff responsible for planning and 
operating the program; 
"(4) the specific activities undertaken to improve prereferral, 
evaluation procedures and instructional programs for limited 
English proficient children who may be handicapped or gifted 
and talented; and 
"(5) the extent of educational progress achieved through the 
program megisured, as appropriate, by (A) tests of academic 
achievement in English language arts, and where appropriate, 
second language arts; (B) tests of academic achievement in 
subject matter areas; and (C) changes in the rate of student 
grade-retention, dropout, absenteeism, placement in programs 
for the gifted and talented, and enrollment in postsecondary 
education institutions. 
"SEC. 7034. EVALUATION ASSISTANCE CENTERS. 
"The Secretary shall establish, through competitive grants to 
institutions of higher education, at least 2 evaluation assistance 
centers. Such centers shall provide, upon the request of State or 
local educational agencies, technical assistance regarding methods 
and techniques for identifying the educational needs and com-
petencies of limited English proficient persons and assessing the 
educational progress achieved through programs such as those £is-
sisted under this title. Grants made pursuant to this section shall be 
for a period of 3 years. 
"SEC. 7035. RESEARCH. 
"(a) RESEARCH AND DEVELOPMENT.—The Secretary shall, through 
competitive 
contracts 
under 
this 
section, 
provide 
financial 
assistance for research and development proposals submitted by 
institutions of higher education, private for-profit and nonprofit 
organizations. State and local educational agencies, and individuals. 
"(b) AUTHORIZED ACTIVITIES.—Research activities authorized to be 
assisted under this section shall include— 
"(1) studies to determine and evaluate effective models for 
bilingual education programs; 
"(2) studies which examine the process by which individuals 
acquire a second language and master the subject matter skills 
Regulations. 
20 use 3303. 
Grants. 
20 u s e 3304. 
20 u s e 3305. 
Contracts. 
102 STAT. 288 
PUBLIC LAW 100-297—APR. 28, 1988 
required for grade-promotion and graduation, and which iden-
tify effective methods for teaching English and subject matter 
skills within the context of a bilingual education program or 
special alternative instructional program to students who have 
language proficiencies other than English; 
"(8) longitudinal studies to measure the effect of this title on 
students enrolled in title VII programs (including a longitudinal 
study of the impact of bilingual education programs on limited-
English proficient students using a nationally representative 
sample of the programs funded under this title and which 
provides information including data on grade retention, aca-
demic performance, and dropout rates); 
"(4) studies to determine effective and reliable methods for 
identifying students who are entitled to services under this title 
and for determining when their English language proficiency is 
sufficiently well developed to permit them to derive optimal 
benefits from an all-English instructional program; 
"(5) the operation of a clearinghouse which shall collect, 
analyze, and disseminate information about bilingual education 
and related programs (and coordinate its activities with the 
National Diffusion Network); 
"(6) studies to determine effective methods of teaching 
English to adults who have language proficiencies other than 
English; 
"(7) studies to determine and evaluate effective methods of 
instruction for bilingual programs, taking into account lan-
guage and cultural differences among students; 
"(8) studies to determine effective approaches to preservice 
and inservice training for teachers, taking into account the 
language and cultural differences of their students; 
"(9) studies to determine effective and reliable techniques for 
providing bilingual education to handicapped students; 
"(10) studies to determine effective and reliable methods for 
identifying gifted and talented students who have language 
proficiencies other than English; and 
"(11) the effect of this title on the capacity of local educational 
agencies to operate bilingual programs following the termi-
nation of assistance under this title. 
"(c) CONSULTATION AND DELEGATION OF AUTHORITY.—In carrying 
out the responsibilities of this section, the Secretary may delegate 
authority to the Director, and in any event, shall consult with the 
Director, representatives of State and local educational agencies, 
appropriate groups and organizations involved in bilingual edu-
cation, the Committee on Labor and Human Resources of the 
Senate, and the Committee on Education and Labor of the House of 
Representatives. 
"(d) PUBLICATION OF PROPOSALS.—The Secretary shall publish and 
disseminate all requests for proposals in research and development 
assisted under this title. 
"(e) LIMITATION OF AUTHORITY.—Nothing in this title shall be 
construed as authorizing the Secretary to conduct or support studies 
or analyses of the content of educational textbooks. 
20 use 3306. 
"SEC. 7036. COORDINATION OF RESEARCH. 
"Notwithstanding section 405(b)(1) of the General Education 
Provisions Act, the Assistant Secretary for Educational Research 
and Improvement shall consult with the Director, the Committee on 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 289 
Labor and Human Resources of the Senate, and the Committee on 
Education and Labor of the House of Representatives to ensure that 
research activities undertaken pursuant to section 405(b)(2)(C) of the 
General Education Provisions Act complement and do not duplicate 
the activities conducted pursuant to this part. 
"SEC. 7037. EDUCATION STATISTICS. 
20 USC 3307. 
"(a) DATA COLLECTION.—Notwithstanding section 406 of the Gen-
eral Education Provisions Act, the National Center for Education 
Statistics shall collect and publish, as part of its annual report on 
the condition of education, data for States, the Commonwealth of 
Puerto Rico, and the trust territories with respect to the population 
of limited English proficient persons, the special educational serv-
ices and programs available to limited English proficient persons, 
and the availability of educational personnel qualified to provide 
special educational services and programs to limited English pro^ 
ficient persons. 
"(b) USE OF DATA.—In carrying out its responsibilities under this 
section, the National Center for Education Statistics shall utilize, to 
the extent feasible, data submitted to the Department of Education 
by State and local educational agencies and institutions of higher 
education pursuant to the provisions of this title as well as data 
collected on limited English proficient persons by other Federal 
agencies. 
"PART C—TRAINING AND TECHNICAL ASSISTANCE 
"SEC. 7041. USE OF FUNDS. 
20 USC 3321. 
"(a) USE OF FUNDS.—Funds available under this part shall be used 
for— 
"(1) the establishment, operation, and improvement of train-
ing programs for educational personnel preparing to participate 
in, or personnel participating in, the conduct of programs of 
bilingual education or special alternative instructional pro-
grams for limited English proficient students, which shall 
emphasize opportunities for career development, advancement, 
and lateral mobility, and may provide training to teachers, 
administrators, counselors, paraprofessionals, teacher aides, 
and parents; 
"(2) the training of persons to teach and counsel such persons; 
"(3) the encouragement of reform, innovation, and improve-
ment in applicable education curricula in graduate education, 
in the structure of the academic profession, and in recruitment 
and retention of higher education and graduate school faculties, 
as related to bilingual education; 
"(4) the operation of short-term training institutes designed to 
improve the skills of participants in programs of bilingual 
education or special alternative instructional programs for lim-
ited English proficient students; which may include summer 
programs designed to improve the instructional competence of 
educational personnel in the languages used in the program; 
and 
"(5) the provision of inservice training and technical gissist-
ance to parents and educational personnel participating in, or 
preparing to participate in, bilingual education programs or 
special alternative instructional programs for limited English 
proficient students. 
102 STAT. 290 
PUBLIC LAW 100-297—APR. 28, 1988 
Grants. 
Contracts. 
Grants. 
Contracts. 
20 use 3322. 
Grants. 
Contracts. 
"(b) APPLICATIONS.—(1) A grant or contract may be made under 
subsection (a)(1), (a)(2), or (a)(3) of this section upon application of an 
institution of higher education. 
"(2) A grant or contract may be made under subsection (a)(4) of 
this section upon application of (A) institutions of higher education 
(including junior colleges and community colleges) and private for-
profit or nonprofit organizations which apply, after consultation 
with, or jointly with, one or more local educational agencies or a 
State educational agency; (B) local educational agencies; or (C) a 
State educational agency. 
"(3) A grant or contract may be made under subsection (a)(5) of 
this section upon application of (A) institutions of higher education 
(including junior colleges and community colleges), (B) private for-
profit or nonprofit organizations, or (C) a State educational agency. 
"(c) APPLICATION REQUIREMENT FOR TRAINING PROGRAMS.—An ap-
plication for a grant or contract for preservice or inservice training 
activities described in subsection (a)(1) of this section shall be devel-
oped in consultation with an advisory council composed of represent-
atives of State and local educational agencies within the applicant's 
service area or geographic region which operate programs of bilin-
gual education or special alternative instruction for limited English 
proficient students. 
"(d) TRAINING PROGRAM REQUIREMENTS.—A preservice or in-
service training program funded under subsection (aXD shall assist 
educational personnel in meeting State and local certification 
requirements, and, whenever possible, should award college or 
university credit. 
"(e) PREFERENCE IN ASSISTANCE AND PURPOSE OF TRAINING.—(1) In 
making a grant or contract for preservice training programs de-
scribed in subsection (aXD of this section, the Secretary shall give 
preference to programs which contain coursework in— 
"(A) teaching English as a second language; 
"(B) use of a non-English language for instructional purposes; 
"(C) linguistics; and 
"(D) evaluation and assessment; 
and which involve parents in the educational process. 
"(2) Preservice training programs shall be designed to ensure that 
participants become proficient in English and a second language of 
instruction. 
"SEC. 7042. MULTIFUNCTIONAL RESOURCE CENTERS. 
"(a) ESTABUSHMENT.—Pursuant to subsection (aX5) of section 7041, 
the Secretary shall establish, through competitive grants or con-
tracts, at least 16 multifunctional resource centers (hereafter in this 
section referred to as 'centers'). Grants and contracts shall be 
awarded with consideration given to the geographic and linguistic 
distribution of children of limited English proficiency. 
"(b) REQUIRED SERVICES.—In addition to providing technical assist-
ance and training to persons participating in or preparing to partici-
pate in bilingual education programs or special 
alternative 
instructional programs for limited English proficient students, each 
center shall be responsible for gathering and providing information 
to other centers on a particular area of bilingual education, includ-
ing (but not limited to) bilingual special education, bilingual edu-
cation for gifted and talented limited English proficient students, 
bilingual vocational education, bilingual adult education, bilingual 
education program administration, literacy, education technology in 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 291 
bilingual programs, mathematics and science education in bilingual 
programs, counseling limited English proficient students, and career 
education programs for limited English proficient students. 
"SEC. 7043. FELLOWSHIPS. 
20 USC 3323. 
"(a) AUTHORIZATION.—Pursuant to subsection (a)(2) of section 
7041, the Secretary is authorized to award fellowships for advanced 
study of bilingual education or special alternative instructional 
programs for limited English proficient students in such areas as 
teacher training, program administration, research and evaluation, 
and curriculum development. For fiscal year 1989 and each of the 4 
subsequent fiscal years, not less than 500 fellowships leading to a 
masters or doctorate degree shall be awarded under the preceding 
sentence. Such fellowships shall be awarded, to the extent feasible, 
in proportion to the needs of various groups of individuals with 
limited English proficiency. Tn awarding fellowships, the Secretary 
shall give preference to individuals intending to study bilingual 
education or special alternative instructional programs for limited 
English proficient students in the following specialized areas: voca-
tional education, adult education, gifted and talented education, 
special education, education technology, literacy, and mathematics 
and science education. The Secretary shall include information on 
the operation of the fellowship program in the report required under 
section 7051(c) of this title. 
"(b) FELLOWSHIP REQUIREMENTS.—Any person receiving a fellow-
ship under this section shall agree either to repay such assistance or 
to work for a period equivalent to the period of time during which 
such person received assistance, and such work shall be in an 
activity related to programs and activities such as those authorized 
under this Act. The Secretary may waive this requirement in 
extraordinary circumstances. 
"SEC. 7044. PRIORITY. 
Grants. 
"In making grants or contracts under this part, the Secretary 20 USC 3324. 
shall give priority to eligible applicants with demonstrated com-
petence and experience in programs and activities such as those 
authorized under this Act. 
"SEC. 7045. STIPENDS. 
20 USC 3325. 
"In the terms of any arrangement described in this part, the 
Secretary shall provide for the payment, to persons participating in 
training programs so described, of such stipends (including allow-
ances for subsistence and other expenses for such persons and their 
dependents) as the Secretary may determine to be consistent 
with prevailing practices under comparable federally supported 
programs. 
"PART D—ADMINISTRATION 
"SEC. 7051. OFFICE OF BILINGUAL EDUCATION A
N
D MINORITY LAN- 20 USC 3331. 
GUAGES AFFAIRS. 
"(a) ESTABUSHMENT.—There shall be, in the Department of Edu-
cation, an Office of Bilingual Education and Minority Languages 
Affairs (hereafter in this section referred to as the 'Office') through 
which the Secretary shall carry out functions relating to bilingual 
education. 
102 STAT. 292 
PUBLIC LAW 100-297—APR. 28, 1988 
"(b) DIRECTOR.—(1) The Office shall be headed by a Director of 
Bilingual Education and Minority Languages Affairs, appointed by 
the Secretary, to whom the Secretary shall delegate all delegable 
functions relating to bilingual education. The Director shall also be 
assigned responsibility for coordinating the bilingual education as-
pects of other programs administered by the Secretary. 
"(2) The Office shall be organized as the Director determines to be 
appropriate in order to enable the Director to carry out such 
functions and responsibilities effectively, except that there shall be 
a division, within the Office, which is exclusively responsible for the 
collection, aggregation, analysis, and publication of data and 
information on the operation and effectiveness of programs assisted 
under this title. 
Reports. 
"(3) The Director shall prepare and, not later than February 1 of 
each year, shall submit to Congress and the President a report on— 
"(A) the grants and contracts made pursuant to this title in 
the preceding fiscal year; 
"(B) the number of individuals benefiting from the programs 
assisted under this title; 
"(C) the evaluation of activities carried out under this title 
during the preceding 2 fiscal years and the extent to which each 
of such activities achieves the policy set forth in section 7002(a); 
"(D) an estimate of the number of fellowships in the field of 
training teachers for bilingual education which will be nec-
essary for the 2 succeeding fiscal years; and 
"(E) the research activities carried out under such title during 
the preceding 2 fiscal years and the major findings of research 
studies. 
"(c) COORDINATION WITH RELATED PROGRAMS.—In order to maxi-
mize Federal efforts aimed at serving the educational needs of 
children of limited English proficiency, the Secretary shall coordi-
nate and ensure close cooperation with other programs adminis-
tered by the Department of Education, including such areas as 
teacher training, program content, research, and curriculum. The 
Secretary's report under section 6213 of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School Improvement 
Amendments of 1988 shall include demonstration that such 
coordination has taken place. 
"(d) STAFFING REQUIREMENT.—The Secretary shall ensure that the 
Office of Bilingual Education and Minority Language Affairs is 
staffed with sufficient personnel trained, or with experience in, 
bilingual education to discharge effectively the provisions of this 
title. 
"(e) READING AND SCORING APPLICATIONS.—For the purpose of 
reading and scoring applications for competitive grants authorized 
under parts A and C of this title, the Secretary shall use persons 
who are not otherwise employed by the Federal Government and 
who are experienced and involved in educational programs similar 
to those assisted under parts A and C of this title. The Secretary 
shall solicit nominations for application readers from State directors 
of bilingual education and may use funds appropriated for parts A 
and C of this title to pay for the application reading and scoring 
services required by this provision. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 293 
"SEC. 70.52. LIMITATION OF AUTHORITY. 
20 USC 3332. 
"The Secretary shall not impose restrictions on the availability or 
use of funds authorized under this title other than those set out in 
this title or other applicable Federal statutes and regulations. 
"PART E—TRANSITION 
"SEC. 7063. TRANSITION. 
20 USC 3341. 
"This title shall not apply to grants and contracts entered into 
under the Bilingual Education Act as in effect before October 1, 
1988.". 
SEC. 1002. CONFORMING AMENDMENTS. 
(a) IN GENERAL.—Sections 1001 through 1004, and 1006 of the 20 use 3381-
Elementary and Secondary Education Act of 1965 are redesignated ^^84,3386. 
as sections 8001 through 8005, respectively. 
(b) SPECIAL DEFINITION RULE.—Section 8001 of such Act (as re-
designated by subsection (a) of this section) is amended to read as 
follows: 
"DEFINITIONS 
"SEC. 8001. Except as otherwise provided, the terms used in this 20 USC 3381. 
Act have the same meanings provided in section 1471 of this Act." 
SEC. 1003. REPEALS. 
(a) EDUCATION CONSOUDATION AND IMPROVEMENT ACT OF 1981.— 
The Education Consolidation and Improvement Act of 1981 (20 
U.S.C. 3801 et seq.) is repealed. 
(b) ELLENDER PROGRAM.—The joint resolution of October 19, 1972 
(Public Law 92-506) is repealed. 
(c) IMMIGRANT EDUCATION.—Title VI of the Education Amend-
ments of 1984 (20 U.S.C. 4101 et seq.) is repealed. 
(d) TERRITORIAL ASSISTANCE.—Sections 1524 and 1525 of the Edu-
cation Amendments of 1978 are repealed. 
(e) ANTI-DRUG ABUSE ACT OF 1986.—Subtitle B of title IV of the 
Anti-Drug Abuse Act of 1986 (Public Law 99-570) is repealed. 
20 USC 4601 et 
seq. 
SEC. 1004. SPECIAL RULE ON SCHOOL DROPOUT DEMONSTRATION 
20 USC 3245 
PROGRAM. 
note. 
The provisions of section 6005(c) of the Elementary and Secondary 
Education Act of 1965 (as added by section 1001 of this Act) shall 
apply to funds appropriated for the fiscal year 1988 for the dropout 
demonstration program. 
TITLE II—AMENDMENTS TO OTHER 
EDUCATION PROGRAMS 
PART A—IMPACT AID PROGRAM 
impact Aid 
Reauthorization 
SEC. 2001. SHORT TITLE. 
:
^
<
=
* ?1}^^^-
This part may be cited as the "Impact Aid Reauthorization Act of 
1988". 
20 USC 236 note. 
102 STAT. 294 
PUBLIC LAW 100-297—APR. 28, 1988 
Subpart 1—Public Law 874 
SEC. 2011. ADMINISTRATIVE AMENDMENTS. 
(a) GENERAL RULE.—(1) The Act of September 30, 1950 (Public Law 
20 use 236 et 
874, Eighty-first Congress) (hereafter referred to in this subpart as 
seq. 
the "Act") is amended by striking out "the Commissioner" each 
time it appears and inserting in lieu thereof "the Secretary". 
20 use 240. 
(2) Section 5(b)(3KC)(vii) of the Act is amended by striking out 
"Commissioner's" and inserting in lieu thereof "Secretary's". 
20 use 244. 
(3) Section 403(9) of the Act is amended to read as follows: 
"(9) The term 'Secretary' means the Secretary of Education.". 
20 use 241-1. 
(b) SPECIAL RULES.—(1) Section 7(c)(1) of the Act is amended by 
striking out "Labor and Public Welfare" and inserting in lieu 
thereof "Labor and Human Resources". 
(2) The last sentence of section 7(d) of the Act is amended to read 
as follows: "The Secretary shall complete action of approval or 
disapproval of an application within 90 days of the filing of an 
application.", 
SEC. 2012. REAUTHORIZATION. 
(a) EXTENSION OF PROGRAM.—The Act is amended by striking out 
"October 1,1988" each place it appears in sections 2(a), 3(b), 4(a), and 
20 use 237-239, 7(a)(1) and inserting in lieu thereof "October 1, 1993". 
241-1 
(b) AUTHORIZATION OF APPROPRIATIONS.—The first section of the 
20 use 236. 
Act is amended— 
(1) by inserting "(a)" after "Section 1."; and 
(2) by adding at the end thereof the following: 
"Ot)) There are authorized to be appropriated $735,000,000 for fiscal 
year 1989, $785,000,000 for fiscal year 1990, $835,000,000 for fiscal 
year 1991, $885,000,000 for fiscal year 1992, and $935,000,000 for 
fiscal year 1993, to carry out the provisions of this Act.". 
Taxes. 
SEC. 2013. FEDERAL ACQUISITION OF REAL PROPERTY. 
Section 2(a) of the Act is amended by adding at the end of such 
subsection the following: "In making the determination of the 
amount that would have been derived in such year, the Secretary 
shall apply the current levied real property tax rate for current 
expenditures levied by fiscally independent local educational agen-
cies or imputed for fiscally dependent local educational agencies to 
the current annually determined aggregate assessed value of such 
acquired Federal property.". 
SEC. 2014. ENTITLEMENTS AND PAYMENTS. 
(a) AMOUNT FOR SECTION 3(a) CHILDREN.—Section 3(dXlXA) of the 
Act is amended to read as follows: 
"(A) in the case of any local educational agency with respect 
to which the number of children is determined under subsection 
(a) an amount equal to 100 per centum of the local contribution 
rate multiplied by the number of children determined under 
such subsection plus the product obtained with respect to such 
agency under subparagraph (B); and". 
Ot)) AMOUNT FOR OTHER CHILDREN.—Section 3(d)(1)(B) of the Act is 
amended to read as follows: 
"(B) in any other case, an amount equal to 25 per centum of 
the local contribution rate multiplied by the number of children 
determined with respect to such agency for such fiscal year 
under subsection (b).'. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 295 
(c) SPECIAL RULES.—(1) Section 3(d)(2)(B)(i) of the Act is amended to 20 USC 238. 
read as follows: 
"(i) the amount of payment resulting from paragraph (1), as is 
otherwise provided in this subsection with respect to any local 
educational agency for any fiscal year, together with the funds 
available to such agency from State and local sources and from 
other sections of this title, determined in accordance with 
subparagraph (E), is less than the amount necessary to enable 
such agency to provide a level of education equivalent to the 
State average during the preceding fiscal year or to the average 
of that maintained during the preceding fiscal year in three or 
more of the school districts of the State which are generally 
comparable to the school district of such agency, whichever is 
higher, increased or decreased, as the case may be, in the same 
percentage as the cost of such level of education increased or 
decreased from the second preceding fiscal year to the prior 
fiscal year;". 
(2) Section 3(d)(2)(B) of the Act is amended by inserting after the 
first sentence the following new sentences: "The increase computed 
Taxes, 
under this subparagraph shall be sufficient to allow the school 
district of the local educational agency to provide a level of edu-
cation (calculated in accordance with this subparagraph) equal to 
the average of the three comparable districts in the State or the 
State average, whichever is greater, as described in clause (i). For 
the purpose of clause (ii), the Secretary shall determine that a 
reasonable tax effort has been made if the tax rate of the agency in 
the year for which the determination is made is an amount that is at 
least equal to 80 percent of the average tax rate for general fund 
purposes of comparable school districts for such fiscal year. Cotermi-
nous military districts shall be deemed to meet the requirement of 
such reasonable tax effort. Except for coterminous military districts, 
payments made to any agency under this subparagraph in any fiscal 
year shall be reduced by the percentage that the average tax rate 
for operational purposes of the comparable school districts or, if 
none, the State average tax rate, exceeds the tax rate of such 
agency.". 
(3) Section 3(d)(2)(E) of the Act is amended to read as follows: 
"(E) For the purpose of subparagraph (BXi) of this paragraph— 
"(i) available funds may not include any cash balance at the 
end of a year allowed under State law; or 
"(ii) whenever no State law governing cash balance exists, 
available funds may not include 30 percent of the local edu-
cational agency's operating costs.". 
(d) DISTRICTS WITH UNUSUAL GEOGRAPHIC FACTORS.—(1) Section 
3(dX3)(B)(ii) of the Act is amended by striking out "is authorized to" 
and inserting in lieu thereof "shall". 
(2) Section 3(d)(3KB)(ii) of the Act is amended by adding at the end 
thereof the following new sentence: "The amount of any such 
supplementary payment may not exceed the per pupil share (com-
puted with regard to all children in average daily attendance), as 
determined by the Secretary, of the increased current expenditures 
necessitated by such unusual geographical factors.". 
(e) COTERMINOUS AGENCY RULE.—Section 3(h) of the 
Act 
is 
amended— 
(1) by inserting "(1)" after the subsection designation; and 
(2) by adding at the end the following: 
102 STAT. 296 
PUBLIC LAW 100-297—APR. 28, 1988 
"(2) For the fiscal year beginning October 1, 1987, and for each 
year thereafter, the local contribution rate for coterminous local 
educational agencies under paragraph (1) shall be not less than 70 
per centum of the average per pupil expenditure in all States during 
the second preceding year prior to the fiscal year for which the 
determination is made unless such payment would raise the per 
pupil expenditure above the average for that State. Whenever the 
preceding sentence applies, the local contribution rate may not be 
less than the amount necessary to raise the per pupil expenditure 
for that district to the average per pupil expenditure for the State in 
which such agency is located. The first 2 sentences of this paragraph 
shall not apply for local educational agencies in any State in which 
the State equalization law would prohibit the local educational 
agency from retaining such additional funds or in which State law 
would require that the State contribution would be reduced in 
proportion to such additional funds. The local contribution rate for 
local educational agencies under this paragraph may not be less 
than 50 per centum of the average per pupil expenditure in all 
States during the second preceding fiscal year prior to the fiscal 
year for which the determination is made.". 
SEC. 2015. METHOD OF PAYMENT. 
(a) ROUNDING OF PAYMENTS.—The first sentence of section 5(b) of 
20 use 240. 
the Act is amended by inserting after "agency" a comma and the 
following: "rounded to the nearest whole dollar,". 
(b) DISPOSITION OF RECOVERED FUNDS.—Section 5(b) of the Act is 
amended— 
(1) by inserting "(1)" after the subsection designation; and 
(2) by adding at the end thereof the following sentence: "The 
Secretary shall return to the United States Treasury any funds 
appropriated for payments under this title for fiscal years 1988 
and thereafter that, as the result of overpayments or unallow-
able expenditures, are recovered by the Department of Edu-
cation after the end of the fifth fiscal year following the end of 
the fiscal year for which the sums were appropriated, or that 
remain in Department of Education accounts after that time.". 
(c) PRELIMINARY PAYMENTS.—Section 5(b)(2) of the Act is amended 
to read as follows: 
"(2) As soon as possible after the beginning of any fiscal year, the 
Secretary shall, on the basis of a written request for a preliminary 
payment from any local educational agency that was eligible for a 
payment for the preceding fiscal year on the basis of entitle-
ments established under section 2 or 3, make such a preliminary 
payment— 
"(A) to any agency for whom the number of children deter-
mined under section 3(a) amounts to at least 20 per centum of 
such agency's total average daily attendance, of 75 per centum 
of the amount that such agency received for such preceding 
fiscal year on the basis of such entitlements; and 
"(B) to any other agency, of 50 per centum of the amount that 
such agency received for such preceding fiscal year on the basis 
of such entitlements.". 
(d) GENERAL RULE ON PAYMENTS.—Section 5(cXl) of the Act is 
amended to read £is follows: 
"(IXA) The Secretary shall first allocate to each local edu-
cational agency which is entitled to a payment under section 2 
an amount equal to 100 per centum of the amount to which it is 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 297 
entitled as computed under that section for such fiscal year and 
to each local educational agency an amount equal to the supple-
mental 50 per centum of the entitlement that each child de-
scribed in section 3(d)(2XC) served by such agency is eligible to 
receive under section 3(d)(2)(C). 
"(B) The Secretary shall then allocate to any local educational 
f agency which is eligible under section 3(d)(2)(B) an amount 
equal to 100 per centum of the amount to which such agency is 
entitled under sections 3(a) and 3(b). 
"(C) The Secretary shall reserve from the remainder of the 
sums appropriated for this Act (other than amounts needed for 
section 7) for such fiscal year— 
"(i) 80 per centum for the purpose of allocating sums 
under paragraph (2) for entitlements determined under 
section 3(a); and 
"(ii) 20 per centum for the purpose of allocating sums 
under paragraph (3) for entitlements determined under 
section 3(b).". 
(e) ALLOCATION OF PAYMENTS RULE.—(1) Section 5(c)(2) of the Act 20 use 240. 
is amended to read as follows: 
"(2)(A) For the purpose of allocating sums available for sec-
tion 3(a) for any fiscal year which remain after the allocation 
required by paragraph (1) and any allocation required by sec-
tions 5(e) and 3(h) for such fiscal year, the Secretary shall 
determine the category to which a local educational agency 
belongs as follows: 
"(i) Each local educational agency in which the number of 
children determined under section 3(a) amounts to at least 
20 per centum of the total number of children who were in 
average daily attendance in the schools of such agency is in 
category (i). 
"(ii) Each local educational agency in which the number 
of children determined under section 3(a) amounts to at 
least 15 per centum, but less than 20 per centum of the 
total number of children who were in average daily attend-
ance in the schools of such agency is in category (ii). 
"(iii) Each local educational agency in which the number 
of children determined under section 3(a) amounts to less 
than 15 per centum of the total number of children who 
were in average daily attendance in the schools of such 
agency is in category (iii). 
"(B) The Secretary shall allocate the amounts described in 
subparagraph (A) according to the following schedule: 
"(i) A first allocation shall be made as follows: 
"(I) 80 per centum of entitlement to local educational 
agencies described in category (i); 
"(II) 60 per centum of entitlement to local edu-
cational agencies described in category (ii); and 
"(III) 40 per centum of entitlement to local edu-
cational agencies described in category (iii). 
"(ii) Any sums remaining after the allocation pursuant to 
clause (i) shall be allocated as follows: 
"(I) 20 per centum of entitlement to local educational 
agencies described in category (i); 
"(II) 15 per centum of entitlement to local edu-
cational agencies described in category (ii); and 
102 STAT. 298 
PUBLIC LAW 100-297—APR. 28, 1988 
"(III) 10 per centum of entitlement to local edu-
cational agencies described in category (iii). 
"(iii) Any sums remaining after the allocation pursuant 
to clause (ii) shall be allocated as follows: 
"(I) 25 per centum of entitlement to local educational 
agencies described in category (ii); and 
"(II) 50 per centum of entitlement to local edu-
cational agencies described in category (iii). 
"(3)(A) For the purpose of allocating sums available for sec-
tion 3(b) for any fiscal year which remain after the allocation 
required by paragraph (1) and any allocation required by sec-
tions 5(e) and 3(h) for such fiscal year, the Secretary shall 
determine the category to which a local educational agency 
belongs as follows: 
"(i) Each local educational agency in which the number of 
children determined under section 3(b) amounts to at least 
20 per centum of the total number of children who were in 
average daily attendance in the schools of such agency is in 
category (i). 
"(ii) Each local educational agency in which the number 
of children determined under section 3(b) amounts to less 
than 20 per centum of the total number of children who 
were in average daily attendance in the schools of such 
agency is in category (ii). 
"(B) The Secretary shall allocate the amounts described in 
subparagraph (A) according to the following schedule: 
"(i) A first allocation shall be made as follows: 
"(I) 20 per centum of entitlement to local educational 
agencies described in category (i); and 
"(II) 10 per centum of entitlement to local edu-
cational agencies described in category (ii). 
"(ii) Any sums remaining after the allocation pursuant to 
clause (i) shall be allocated as follows: 
"(I) 30 per centum of entitlement to local educational 
agencies described in category (i); and 
"(II) 5 per centum of entitlement to local educational 
agencies described in category (ii). 
"(iii) Any sums remaining after the allocation pursuant 
to clause (ii) shall be allocated as follows: 
"(I) 50 per centum of entitlement to local educational 
agencies described in category (i); and 
"(II) 85 per centum of entitlement to local edu-
cational agencies described in category (ii). 
"(4) Whenever the additional amounts described in para-
graphs (2)(A) and (3)(A) in each fiscal year are insufficient to 
provide the required percent of entitlement to each local edu-
cational agency under clause (ii) or (iii) of paragraph (2)(B), or 
clause (ii) or (iii) of paragraph (3)(B), respectively, the full 
amount which local educational agencies are entitled to receive 
under such clauses shall be ratably reduced. If additional funds 
become available for making such payments for any fiscal year 
during which the preceding sentence is applicable, such reduced 
amounts shall be increased on the same basis as they were 
reduced.". 
20 use 240. 
(2XA) Section 5(c)(3) of the Act is repealed. 
(B) The sentence following paragraph (2) of section 5(c) (as 
amended by subparagraph (A)) is amended by striking out "or (3)". 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 299 
(C) The last sentence of section 5(c) of the Act is repealed. 
20 USC 240. 
(f) STATE AID RULE.—Section 5(d)(2XA) of the Act is amended by 
inserting after the first sentence the following flush sentence: "The 
increase in payments described in sections 3(d)(2)(B), 3(d)(2)(C), 
3(d)(2)(D), and 3(d)(3)(B)(ii) shall not be taken into consideration by 
the State for the purpose of this subparagraph.". 
(g) HOLD HARMLESS RULES.—Section 5(e) of the Act is amended to 
read as follows: 
"(e)(1)(A) For any fiscal year after September 30, 1988, the Sec-
retary shall allocate to any local educational agency which received 
a payment under section 3(a) in fiscal year 1987, an amount which is 
not less than the product of 100 per centum of the per pupil amount 
paid to such agency in fiscal year 1987 and the number of such 
children in average daily attendance for the fiscal year for which 
the determination is made under such subsection. 
"(B) For any fiscal year beginning after September 30, 1988, the 
Secretary shall allocate to any local educational agency which 
received a payment under section 3(b) in fiscal year 1987 for chil-
dren described in section 5(c)(3)(A)(i), an amount which is not less 
than the product of 100 per centum of the per pupil amount paid to 
such agency in fiscal year 1987 and the number of such children in 
average daily attendance in the fiscal year for which such deter-
mination is made. 
"(C) The provisions of subparagraphs (A) and (B) of this paragraph 
shall not apply to any local educational agency for which the factor 
in the determination of the local contribution rate described in 
section 3(d)(3)(A)(i) in the year for which the determination is made 
is less than the amount for such factor for fiscal year 1987. 
"(D) The Secretary is authorized to modify the per pupil amount 
described in subparagraph (A) of this paragraph, in any case in 
which, in the fiscal year for which the determination is made a local 
educational agency is no longer an agency described in section 
5(c)(2)(A)(i), or section 5(c)(2)(A)(ii), but is an agency described in 
section 5(c)(2)(A)(ii) or section 5(c)(2)(A)(iii), as the case may be. 
"(E) The provisions of subparagraph (B) of this paragraph shall 
not apply to any local educational agency which, in the fiscal year 
for which the determination is made, is not a local educational 
agency described in section 5(c)(3)(A)(i). 
"(2) If sums appropriated for any fiscal year for making payments 
under this section are not sufficient to pay in full the amount to 
which each local educational agency is entitled under the previous 
paragraph, such amounts shall be ratably reduced. 
"(3) In no event shall the amount allocated to any local edu-
cational agency in any fiscal year under paragraph (1) exceed the 
amount received by such agency in the fiscal year 1987.". 
SEC. 2016. CHILDREN FOR W
H
O
M LOCAL AGENCY IS UNABLE TO PROVIDE 
EDUCATION. 
Section 6 of the Act is amended by adding at the end thereof the 
20 USC 241. 
following new subsection: 
"(i) Notwithstanding any other provision of law, a local edu-
cational agency receiving funds under section 3 may also receive 
funds under section 6.". 
SEC. 2017. DISASTER ASSISTANCE. 
(a) GENERAL RULE.—Section 7(a)(1) of the Act is amended— 
20 USC 241-1. 
(1) by striking out subparagraph (B); 
102 STAT. 300 
PUBLIC LAW 100-297—APR. 28, 1988 
(2) by striking out "or" at the end of subparagraph (A) and 
inserting in lieu thereof "and"; and 
(3) by striking out the subparagraph designation "(A)". 
20 use 241-1. 
(b) EuGiBiUTY.—Section 7(a)(3) of the Act is amended by striking 
out "$1,000 or one-half of 1 per centum" and inserting in lieu 
thereof "$10,000 or 5 per centum". 
(c) AvAiLABiUTY OF FuNDS.—Section 7 of the Act is amended by 
adding at the end thereof the following new subsection (f): 
"(f) Funds available for this section for any fiscal year shall also 
be available for section 16 of the Act of September 23, 1950 (Public 
Law 815, Eighty-first Congress).". 
20 u s e 238 note. 
SEC. 2018. TREATMENT OF CHILDREN RESIDING ON PROPERTY ASSISTED 
UNDER SECTION 8 OF THE UNITED STATES HOUSING ACT OF 
1937. 
Claims. 
(a) GENERAL RuLE.—Notwithstanding any other provision of law, 
for fiscal years prior to fiscal year 1989, applicants may claim and 
receive payments under section 3 of Public Law 81-874 on behalf of 
children residing in or whose parents are employed on property 
assisted under section 8 of the United States Housing Act of 1937, if 
such property was claimed by such applicants and such payments 
were received for the previous fiscal year. 
(b) SPECIAL RULE.—Payments made to any local educational 
agency under section 3(b) of the Act for fiscal years prior to fiscal 
year 1989, on behalf of children who reside on or whose parents are 
employed on property that is housing assisted under section 8 of the 
United States Housing Act of 1937, shall stand, and such payments 
withheld or recovered shall be made or restored. 
SEC. 2019. CHILDREN RESIDING ON, OR WHOSE PARENTS ARE EMPLOYED 
ON, FEDERAL PROPERTY. 
Section 3(d)(2)(D) of the Act of September 30, 1950 (20 U.S.C. 236, 
20 use 238. 
Public Law 81-874) is amended by adding at the end thereof the 
following: "Funds received under this section may be used to pay 
tuition for any student not eligible for funding under section 1128 of 
Public Law 95-561 in any school receiving funding under such 
section. No condition involving program or personnel shall apply to 
any such payments.". 
20 u s e 236 note. 
SEC. 2020. REGULATION REQUIREMENTS. 
No regulations may be established to carry out the provisions of 
this Act unless such regulations will become final only after a period 
for comment which is not less than 90 days. No provision of the 
regulations may have a retroactive effect which results in the 
recovery of assistance by the United States (other than such recov-
ery based on regulations in effect at the time the assistance was 
made). To the extent that the provisions of section 431 of the 
General Education Provisions Act are not inconsistent with the 
provisions of this section, the provisions of section 431 shall apply to 
regulations established under this Act. 
SEC. 2021. DEFINITION. 
20 use 244. 
Section 403(5) of the Act is amended by striking out "under title 
I, II, or III" and inserting in lieu thereof "under chapter 1 or 2 of 
title I". 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 301 
Subpart 2—Public Law 815 
SEC. 2031. REAUTHORIZATION. 
(a) EXTENSION OF PROGRAM.—The Act of September 23, 1950 
(Public Law 815, Eighty-first Congress) is amended— 
(1) in section 3 by striking "1988" and inserting "1993"; 
20USC633. 
(2) in section 16(a)(1)(A) by striking "1988," and inserting 
20USC646. 
"1993,"; and 
(3) in paragraph (15) of section 15 by striking "1978-1979" and 
20 USC 645. 
inserting "1988-1989". 
(b) AUTHORIZATION OF APPROPRIATIONS.—The first section of such 
Act is amended— 
20 use 631. 
(1) by inserting "(a)" after "SECTION 1."; and 
(2) by adding at the end thereof the following: 
"(b) There are authorized to be appropriated $25,000,000 for fiscal 
year 1989, $26,000,000 for fiscal year 1990, $27,000,000 for fiscal year 
1991, $28,000,000 for fiscal year 1992, and $29,000,000 for fiscal year 
1993, to carry out the provisions of the Act of September 23, 1950 
(Public Law 815, Eighty-first Congress).". 
SEC. 2032. ADMINISTRATIVE AMENDMENTS. 
(a) GENERAL RULE.—(1) The Act of September 23,1950 (Public Law 
815, Eighty-first Congress) is further amended by striking out "the 
20 USC 631 et 
Commissioner" each time it appears and inserting in lieu thereof seq. 
"the Secretary". 
(2) Section 11(b) of such Act is amended by striking out "Commis- 
20 USC 641. 
sioner's" and inserting in lieu thereof "Secretary's". 
(3) Section 15(14) of such Act is amended to read as follows: 
"(14) The term 'Secretary' means the Secretary of Education.". 
(b) SPECIAL RULE.—The fifth sentence of section 16(c) of such Act is 
20 USC 646. 
amended to read as follows: "The Secretary shall complete action of 
approval or disapproval of an application within 90 days of the filing 
of an application.". 
SEC. 2033. DISASTER ASSISTANCE. 
(a) GENERAL RULE.—Section 16(aXl) of the Act of September 23, 
1950 (Public Law 815, Eighty-first Congress) is amended— 
(1) by striking out subparagraph (B); 
(2) by striking out "or" at the end of subparagraph (A) and 
inserting in lieu thereof "and"; and 
(3) by striking out the subparagraph designation "(A)". 
(b) EuGiBiLiTY.—Section 16(a)(5) of such Act is amended by strik-
ing out "$1,000 or one-half of 1 per centum" and inserting in lieu 
thereof "$10,000 or 5 per centum". 
SEC. 2034. TECHNICAL AMENDMENT. 
Section 14 of the Act is amended— 
20 use 644. 
(1) by striking out subsection (d); and 
(2) by adding after subsection (c) the following: 
"(d) There are hereby authorized to be appropriated for each fiscal 
Appropriation 
year such sums as may be necessary to carry out the provisions of authorization, 
this section. There are also authorized to be appropriated such sums 
as may be necessary for administration of such provisions. Amounts 
so appropriated, other than amounts appropriated for administra-
tion, shall remain available until expended.". 
102 STAT. 302 
Adult Education 
Amendments of 
1988. 
20 use 1201 
note. 
Adult Education 
Act. 
PUBLIC LAW 100-297—APR. 28, 1988 
PART B—ADULT EDUCATION 
SECTION 2101. SHORT TITLE. 
This part may be cited as the "Adult Education Amendments of 
1988". 
SEC. 2102. AMENDMENT TO ADULT EDUCATION ACT. 
Title III of the Elementary and Secondary Education Amend-
ments of 1966 is amended to read as follows: 
"TITLE III—ADULT EDUCATION 
PROGRAMS 
20 u s e 1201 
note. 
20 u s e 1201. 
20 u s e 1201a. 
"SEC. 301. SHORT TITLE. 
"This title may be cited as the 'Adult Education Act'. 
"PART A—BASIC PROGRAM PROVISIONS 
"SEC. 311. STATEMENT OF PURPOSE. 
"It is the purpose of this title to assist the States to improve 
educational opportunities for adults who lack the level of literacy 
skills requisite to effective citizenship and productive employment, 
to expand and improve the current system for delivering adult 
education services including delivery of such services to education-
ally disadvantaged adults, and to encourage the establishment of 
adult education programs that will— 
"(1) enable these adults to acquire the basic educational skills 
necessary for literate functioning; 
"(2) provide these adults with sufficient basic education to 
enable them to benefit from job training and retraining pro-
grams and obtain and retain productive employment so that 
they might more fully enjoy the benefits and responsibilities of 
citizenship; and 
"(3) enable adults who so desire to continue their education to 
at least the level of completion of secondary school. 
"SEC. 312. DEFINITIONS. 
"As used in this title— 
"(1) The term 'adult' means an individual who has attained 16 
years of age or who is beyond the age of compulsory school 
attendance under State law, except that for the purpose of 
section 313(b), the term 'adult' means an individual 16 years of 
age or older. 
"(2) The term 'adult education' means services or instruction 
below the college level for adults— 
"(A) who are not enrolled in secondary school; 
"(B) who lack sufficient mastery of basic educational 
skills to enable them to function effectively in society or 
who do not have a certificate of graduation from a school 
providing secondary education and who have not achieved 
an equivalent level of education; 
"(C) who are not currently required to be enrolled in 
school; and 
"(D) whose lack of mastery of basic skills results in an 
inability to speak, read, or write the English language 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 303 
which constitutes a substantial impairment of their ability 
to get or retain employment commensurate with their real 
ability, and thus are in need of programs to help eliminate 
such inability and raise the level of education of such 
individuals with a view to making them less likely to 
become dependent on others. 
"(3) The term 'educationally disadvantaged adult' means an 
adult who— 
"(A) demonstrates basic skills equivalent to or below that 
of students at the fifth grade level; or 
"(B) has been placed in the lowest or beginning level of an 
adult education program when that program does not use 
grade level equivalencies as a measure of students' basic 
skills. 
'^^(4) The term 'community school program' is a program in 
which a public building, including but not limited to a public 
elementary or secondary school or a community or junior col-
lege, is used as a community center operated in conjunction 
with other groups in the community, community organizations, 
and local governmental agencies, to provide educational, rec-
reational, cultural, and other related community services for 
the community which the center serves in accordance with the 
needs, interest, and concerns of that community. 
"(5) The term 'local educational agency' means a public board 
of education or other public authority legally constituted within 
a State for either administrative control or direction of public 
elementary or secondary schools in a city, county, township, 
school district, or other political subdivision of a State, or such 
combination of school districts or counties as are recognized in a 
State as an administrative agency for its public elementary or 
secondary schools, except that, if there is a separate board or 
other legally constituted local authority having administrative 
control and direction of adult education in public schools 
therein, such term means such other board or authority. 
"(6) The term 'Secretary' means the Secretary of Education. 
"(7) The term 'State' includes the District of Columbia, the 
Commonwealth of Puerto Rico, and except for the purposes of 
section 313, Guam, American Samoa, the Trust Territory of the 
Pacific Islands, the Northern Mariana Islands, and the Virgin 
Islands. 
"(8) The term 'State educational agency' means the State 
board of education or other agency or officer primarily respon-
sible for the State supervision of public elementary and second-
ary schools, or, if there is a separate State agency or officer 
primarily responsible for supervision of adult education in 
public schools, then such agency or officer may be designated 
for the purpose of this title by the Governor or by State law. If 
no agency or officer qualifies under the preceding sentence, 
such term shall mean an appropriate agency or officer des-
ignated for the purposes of this title by the Governor. 
"(9) The term 'academic education' means the theoretical, the 
liberal, the speculative, and classical subject matter found to 
compose the curriculum of the public secondary school. 
"(10) The term 'institution of higher education' means any 
such institution as defined by section 481 of the Higher Edu-
cation Act of 1965. 
102 STAT. 304 
PUBLIC LAW 100-297—APR. 28, 1988 
"(11) The term 'individual of limited English proficiency' means 
an adult or out-of-school youth who has limited ability in speaking, 
reading, writing, or understanding the English language and— 
"(A) whose native language is a language other than English; 
or 
"(B) who lives in a family or community environment where a 
language other than English is the dominant language. 
"(12) The term 'out-of-school youth' means an individual who is 
under 16 years of age and beyond the age of compulsory school 
attendance under State law who has not completed high school or 
the equivalent. 
"(13) The term 'English literacy prog^ram' means a program of 
instruction designed to help limited English proficient adults, out-of-
school youths, or both, achieve full competence in the English 
language. 
"(14) The term 'community-based organization' means a private 
nonprofit organization which is representative of a community or 
significant segments of a community and which provides education, 
vocational education or rehabilitation, job training, or internship 
services and programs and includes neighborhood groups and 
organizations, community action agencies, community development 
corporations, 
union-related 
organizations, 
employer-related 
organizations, tribal governments, and organizations serving Native 
Alaskans and Indians. 
"(15) The term 'private industry council' means the private indus-
try council established under section 102 of the Job Training Part-
nership Act. 
20 u s e 1201b. 
"SEC. 313. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS. 
"(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $200,000,000 for fiscal year 1989 and such sums as 
may be necessary for each succeeding fiscal year through fiscal year 
1993 to carry out the provisions of this title (other than sections 371 
and 372). 
Territories, U.S. 
"(b) ALLOTMENT.—From the sums available for the purposes of 
section 311 for any fiscal year, the Secretary shall allot (1) $100,000 
each to Guam, American Samoa, the Northern Mariana Islands, the 
Virgin Islands, and the Trust Territory of the Pacific Islands, and (2) 
$250,000 to each of the other States. From the remainder of such 
sums the Secretary shall allot to each State an amount which bears 
the same ratio to such remainder as the number of adults who do 
not have a certificate of graduation from a school providing second-
ary education (or its equivalent) and who are not currently required 
to be enrolled in schools of such State bears to the number of such 
adults in all States. 
"(c) REALLOTMENT.—The portion of any State's allotment under 
subsection (b) for a fiscal year which the Secretary determines will 
not be required for the period such allotment is available for carry-
ing out the State plan approved under this title shall be available 
for reallotment from time to time, on such dates during such period 
as the Secretary shall fix, to other States in proportion to the 
original allotments to such States under subsection (b) for such year, 
but with such proportionate amount for any of such other State 
being reduced to the extent it exceeds the sum which the Secretary 
estimates such State needs and will be able to use for such period for 
carrying out its State plan approved under this title, and the total of 
such reductions shall be similarly reallotted among the States whose 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 305 
proportionate amounts are not so reduced. Any amount allotted to a 
State under this subsection during a year shall be deemed part of its 
allotment under subsection (b) for such year. 
"(d) RESERVATION OF FUNDS FOR NATIONAL PROGRAMS.—For any 
fiscal year, if the amount appropriated to carry out the purposes of 
this title exceeds $108,000,000, not more than $3,000,000 of such 
amount shall be reserved to carry out the programs described in 
part D, relating to national programs. 
"PART B—STATE PROGRAMS 
"Subpart 1—Basic State Grants 
"SEC. 321. BASIC GRANTS. 
20 USC 1203. 
"From the sums allotted to States for this subpart pursuant to 
section 313, the Secretary is authorized to make grants to States to 
assist them in funding adult education programs, services, and 
activities carried out by eligible recipients to achieve the purposes of 
this title. 
"SEC. 322. USE OF FUNDS; LOCAL APPLICATIONS. 
20 USC1208a. 
"(a) USE OF FUNDO.— 
"(1) Grants to States under this subpart shall be used in 
accordance with State plans (and amendments thereto) ap-
proved under sections 341 and 351, to pay the Federal share of 
the cost of the establishment or expansion of adult education 
programs to be carried out by local educational agencies and by 
public or private nonprofit agencies, organizations, and institu-
tions. Grants provided under this section to States to carry out 
the programs described in the preceding sentence may be car-
ried out by public or private nonprofit agencies, organizations, 
and institutions only if the applicable local educational agency 
has been consulted with and has had an opportunity to com-
ment on the application of such agency, organization, or institu-
tion. The comments of the local educational agency, and 
responses thereto, shall be attached to the application when it is 
forwarded to the State. 
"(2) Grants to States provided under this section may also be 
used to carry out programs by a consortium which includes a 
for-profit agency, organization, or institution if such agency, 
organization, or institution can make a significant contribution 
to attaining the objectives of this Act. Whenever the establish- Contracts, 
ment or expansion of programs includes a for-profit agency, 
organization, or institution, as part of a consortium, a contract 
with such agency, organization, or institution, for the establish-
ment or expansion of such programs shall be entered into by the 
public or private nonprofit agency, institution, or organization. 
"(3) The State educational agency shall not approve any 
application unless evidence that any consultation required by 
paragraph (1) has taken place is provided. Such application 
shall contain such information as the State educational Eigency 
considers necessary, including a description of current pro-
grams, activities, and services receiving assistance from Fed-
eral, State, and local sources; cooperative arrangements (includ-
ing arrangements with business, industry, and volunteer lit-
eracy organizations as appropriate) that have been made to 
deliver services to adulte as well as assurances that adult 
102 STAT. 306 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 1203b. 
educational programs, services, or activities provided under this 
title are coordinated with and not duplicative of services, pro-
grams, or activities made available to adults under other Fed-
eral, State, and local programs, including the Job Training 
Partnership Act, the Carl D. Perkins Vocational Education Act, 
the Rehabilitation Act of 1973, the Education of the Handi-
capped Act, the Indian Education Act, the Higher Education 
Act of 1965, and the Domestic Volunteer Service Act. 
"(4)(A) The State educational agency shall give preference to 
those applicants who have demonstrated or can demonstrate a 
capability to recruit and serve educationally disadvantaged 
adults. 
"(B) The provisions of subparagraph (A) shall apply in any 
fiscal year in which the amount appropriated for basic State 
grants under this subpart exceeds the amounts available for 
such grants in fiscal year 1988. 
"(b) LIMITATIONS ON USE OF FUNDS.— 
"(1) Not less than 10 percent of the funds paid to a State 
under subsection (a) shall be used for corrections education and 
education for other institutionalized individuals in accordance 
with subpart 2. 
"(2) Not more than 20 percent of a State's allotment shall be 
used for programs of equivalency for a certificate of graduation 
from a secondary school. 
"SEC. 323. LOCAL ADMINISTRATIVE COST LIMITS. 
"(a) Of the funds provided by the State agency to eligible recipi-
ents, at least 95 percent must be expended for provision of adult 
education instructional activities. The remainder shall be used for 
planning, administration, personnel development, and interagency 
coordination. 
"(b) In cases where the administrative cost limits under subsection 
(a) would be insufficient for adequate planning, administration, 
evaluation, and coordination of programs supported under this Act, 
the State agency shall negotiate with the local grant recipient in 
order to determine an adequate level of funds to be used for 
noninstructional purposes. 
"Subpart 2—Programs for Corrections Education and Education 
for Other Institutionalized Individuals 
20 use 1204. 
"SEC. 326. PROGRAM AUTHORIZED. 
"Funds set aside under section 322(b)(1) by a State shall be used 
for the cost of educational programs for criminal offenders in 
corrections institutions and for other institutionalized individuals, 
including— 
"(1) academic programs for— 
"(A) basic education with special emphasis on reading, 
writing, vocabulary, and arithmetic; 
"(B) special education programs as defined by State law; 
"(C) bilingual or English as a second language programs; 
and 
"(D) secondary school credit programs; 
"(2) vocational training programs; 
"(3) library development and library service programs; 
"(4) corrections education programs, training for teacher 
personnel specializing in corrections education, particularly 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 307 
courses in social education, basic skills instruction, and ab-
normal psychology; 
"(5) guidance and counseling programs; 
"(6) supportive services for criminal offenders, with special 
emphasis on the coordination of educational services with agen-
cies furnishing services to criminal offenders after their release; 
and 
"(7) cooperative programs with educational institutions, 
community-based organizations of demonstrated effectiveness, 
and the private sector, designed to provide education and 
training. 
"(b) As used in this section, the term— 
"(1) 'criminal offender' means any individual who is charged 
with or convicted of any criminal offense; and 
"(2) 'correctional institution' means any— 
"(A) prison, 
"(B) jail, 
"(C) reformatory, 
"(D) work farm, 
"(E) detention center, or 
"(F) halfway 
house, community-based 
rehabilitation 
center, or any other similar institution designed for the 
confinement or rehabilitation of criminal offenders. 
"Subpart 3—State Administrative Responsibilities 
"SEC. 331. STATE ADMINISTRATION. 
20 USC 1205. 
"(a) STATE AGENCY RESPONSIBILITIES.—Any State desiring to 
participate in the programs authorized by this title shall designate 
the State educational agency to be the sole State agency responsible 
for the administration and supervision of such programs. The 
responsibilities of the State agency shall include— 
"(1) the development, submission, and implementation of the 
State application and plan and any amendments thereto (pursu-
ant to sections 342 and 351), and the State evaluation (pursuant 
to section 352); 
"(2) consultation with the State advisory council established 
pursuant to section 332, and other appropriate agencies, groups, 
and individuals involved in the planning, administration, 
evaluation, and coordination of programs funded under this 
title; and 
"(3) the assignment of such personnel as may be necessary for 
State administration of programs under this title. 
"(b) STATE IMPOSED REQUIREMENTS.—Whenever any State imposes 
any rule or policy relating to the administration and operation of 
programs funded by this title (including any rule or policy based on 
State interpretation of any Federal law, regulation, or guideline) the 
rule or policy shall be identified as a State imposed requirement. 
"(c) LIMITATION ON STATE ADMINISTRATIVE COSTS.—Effective for 
fiscal years beginning after September 30, 1990, a State educational 
agency may use no more than 5 percent of the State's grant or 
$50,000, whichever is greater, to pay the cost of its administration of 
the State's program. 
"SEC. 332. STATE ADVISORY COUNCIL ON ADULT EDUCATION. 
20 USC 1205a. 
"(a) REQUIREMENT.—(1) Any State may designate a body, or estab-
lish a new body if there is no suitable existing body, to act as a State 
102 STAT. 308 
PUBLIC LAW 100-297—APR. 28, 1988 
advisory council on adult education, appointed by the Governor. The 
membership of the State advisory council shall be broadly represent-
ative of citizens and groups within the State having an interest in 
adult education, and shall consist of representatives of public edu-
cation; private and public sector employment; recognized State labor 
organizations; private, voluntary, or community literacy organiza-
tions; libraries; and State economic development agencies. 
"(2) A State which elects to designate or establish a State advisory 
council available for this subsection may use funds under this 
subpart for the purposes of this subsection. 
"(b) REPRESENTATION ON COUNCIL.—The State shall ensure that 
there is appropriate representation on the State advisory council of 
urban as well as rural areas, of women, persons with handicaps, and 
racial and ethnic minorities. 
"(c) CERTIFICATION.—The State shall certify the establishment and 
membership of the State advisory council to the Secretary prior to 
the beginning of any fiscal year in which the State desires to receive 
a grant under this title. 
"(d) PROCEDURES.—Members of the State advisory council shall, 
using procedures agreed upon, elect their own chairperson. The 
State advisory council shall determine its own procedures, staffing 
needs (subject to funding levels authorized by the Governor), and the 
number, time, place, and conduct of meetings, except that it shall 
hold at least 1 public meeting each year at which the general public 
is given an opportunity to express views concerning adult education 
programs in the State. In approving the plan for the evaluations 
under subsection (fK3XA), the council shall ensure that persons 
knowledgeable of the daily operation of adult education programs 
are involved. 
"(e) TERMS.—Members shall be appointed for fixed and staggered 
terms and may serve until their successors are appointed. Any 
vacancy in the membership of the council shall be filled in the same 
manner as the original appointment. Any member of the council 
may be removed for cause in accordance with procedures established 
by the council. 
"(f) DUTIES.—Each State advisory council shall— 
"(1) meet with the State agency or its representatives during 
the planning year to advise on the development of the State 
plan; 
"(2) advise the State agency concerning— 
"(A) policies the State should pursue to strengthen adult 
education; and 
"(B) initiatives and methods the private sector could 
undertake to assist the State's improvement of adult edu-
cation programs; and 
"(3XA) approve the plan for evaluations required in section 
352 £md participate in the implementation and dissemination of 
such evaluations, (B) advise the Governor, the State legislature, 
and the general public of the State of the findings of such 
evaluations, and (C) include in any report of such evaluations its 
comments and recommendations. 
PUBLIC LAW 100-297—APR. 28, 1988 
"Subpart 4—Planning and Applications 
"SEC. 341. STATE PLAN AND APPLICATION. 
"(a) REQUIREMENT.—Any State desiring to receive funds under 
this title shall submit to the Secretary, during the fiscal year 1989 
and during each fourth fiscal year thereafter, a State plan and 
application for adult education (in one document) for the four fiscal 
years succeeding each fiscal year in which the State plan and 
application are submitted. 
(b) PROCEDURE FOR SUBMISSION AND CONSIDERATION.—Each State 
plan and application shall be submitted to the Secretary by July 1 
preceding the beginning of the first fiscal year for which the plan is 
in effect. The Secretary shall approve, within 60 days, each such 
plan and application which is formulated in accordance with sec-
tions 342 and 343 and which meets the requirements of such sec-
tions, and shall not finally disapprove a State plan except after 
giving reasonable notice and an opportunity for a hearing to the 
State agency. 
"(c) GEPA PROVISION.—Such document shall be considered to be 
the general application required to be submitted by the State for 
funds received under this Act for the purpose of the provisions of 
section 435 of the General Education Provisions Act. 
"SEC. 342. FOUR-YEAR STATE PLAN. 
"(a) PROCEDURES REQUIRED IN FORMULATING STATE PLAN.—(1) In 
formulating the State plan, the State agency shall meet with and 
utilize the State advisory council, if established pursuant to section 
332 of this title. 
"(2) The State agency shall conduct public hearings in the State, 
after appropriate and sufficient notice, for the purpose of affording 
all segments of the public, including groups serving educationally 
disadvantaged adults, and interested organizations and groups an 
opportunity to present their views and make recommendations 
regarding the State plan. A summary of such recommendations and 
the State agency's response shall be included with the State plan 
submitted to the Secretary. 
"(3)(A) Not less than 60 days before submission of the State plan to 
the Secretary under section 341, the State agency shall simulta-
neously submit the proposed State plan to (i) the State Board or 
agency for vocational education, (ii) the State Job Training Coordi-
nating Council under the Job Training Partnership Act, and (iii) the 
State Board responsible for postsecondary education for review and 
comment. Such comments (to the extent such comments are 
received in a timely fashion) and the State's response shall be 
included with the State plan submitted to the Secretary. The Sec-
retary shall consider such comments in reviewing such plan. 
"(B) Not less than 60 days before the submission of the State plan 
to the Secretary, such plan shall be submitted to the State advisory 
council (if such a council exists). Should the State advisory council 
find that it has substantial diss^eement with the final State plan, 
the Council may file timely objections with the State agency. The 
State agency shall respond to all substantial objections of the State 
advisory council in submitting such plan to the Secretary. The 
Secretary shall consider such comments in reviewing the State plan. 
"Ot>) REQUIRED ASSESSMENTS.—In developing the 4-year State plan, 
each State shall (1) make a thorough assessment of (A) the needs of 
adults, including educationally disadvantaged adults, eligible to be 
102 STAT. 309 
20 use 1206. 
20 use 1206a. 
Public 
information. 
102 STAT. 310 
PUBLIC LAW 100-297—APR. 28, 1988 
Disadvantaged 
persons. 
Handicapped 
persons. 
Homeless 
persons. 
Disadvantaged 
persons. 
Minorities. 
served as well as adults proposed to be served and those served and 
(B) the capability of existing programs and institutions to meet those 
needs, and (2) state the changes and improvements required in adult 
education to fulfill the purposes of this title, and the options for 
implementing these changes and improvements. 
"(c) COMPONENTS OF STATE PLAN.—Consistent with the assess-
ments described in subsection (b) each such plan shall— 
"(1) set forth the goals, the methods and strategies, and the 
expected outcomes of programs, services, and activities during 
the 4-year period; 
"(2) describe the curriculum, equipment, and instruments 
that are being used by instruction personnel and indicate how 
current these elements are; 
"(3) describe the means by which the delivery of adult edu-
cation services will be significantly expanded (including efforts 
to reach typically underserved groups such as educationally 
disadvantaged adults, individuals with limited English pro-
ficiency and individuals with handicaps) through the use of 
agencies, institutions, and organizations other than the public 
school system, such as businesses, labor unions, libraries, 
institutions of higher education, public health authorities, 
employment or training programs, antipoverty 
programs, 
organizations providing assistance to the homeless, and commu-
nity and voluntary organizations; 
' (4) describe the means by which representatives of the public 
and private sector are involved in the development and im-
plementation of the plan, especially in the expansion of the 
delivery of adult education services by cooperation 
and 
collaboration with those public and private agencies, institu-
tions, and organizations; 
"(5) describe specialized efforts to attract and assist meaning-
ful participation in adult education programs through flexible 
course schedules, provision of auxiliary aids and services, 
convenient locations, adequate transportation, and meeting 
child care needs; 
"(6) provide for the needs of persons with limited English 
proficiency (as defined in section 7004(a) of title VII of the 
Elementary and Secondary Education Act of 1965 or no English 
proficiency by providing adequate appropriate language assist-
ance to the extent necessary to all such persons so they may 
progress effectively through adult education programs; 
"(7) describe how the particular educational needs of adult 
immigrants, the incarcerated, persons with handicaps, the 
chronically unemployed, the homeless, the disadvantaged, and 
minorities will be addressed; 
"(8) describe the progress the State has made in achieving the 
goals set forth in each State plan subsequent to the initial State 
plan; 
"(9) describe the progress it expects to make toward achieving 
the purpose of this title during the 4-year period of the State 
plan; 
"(10) set forth the criteria the State agency will use in approv-
ing applications by eligible recipients and allocating funds made 
available under this title to such recipients; 
"(11) describe the methods proposed for the joint planning and 
coordination of programs carried out under this title with those 
conducted under applicable Federal and State programs, includ-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 311 
ing the Carl D. Perkins Vocational Education Act of 1963, the 
Job Training Partnership Act, the RehabiUtation Act of 1973, 
the Education of the Handicapped Act, the Immigration Reform 
and Control Act of 1986, the Higher Education Act of 1965, and 
the Domestic Volunteer Service Act, to assure maximum use of 
funds under these Acts and to avoid duplication of services; 
"(12) describe the steps taken to utilize volunteers, particu-
larly volunteers assigned to the Literacy Corps established 
under the Domestic Volunteer Service Act and volunteers 
trained in programs carried out by section 382 of this title, but 
only to the extent that such volunteers supplement and do not 
supplant salaried employees; and 
"(13) describe the measures to be taken to ensure that adult 
education programs, services, and activities assisted under this 
title will take into account the findings or program reviews and 
evaluations carried out pursuant to section 352. 
"(d) LIMITED ENGLISH PROFICIENCY RULE.—Programs conducted 
under subsection (c)(6) shall be designed to teach English to limited 
English proficient adults and, as appropriate, to allow such adults to 
progress effectively through the adult education program or to 
prepare them to enter the regular program of adult education as 
quickly as possible. Such programs may provide instruction in the 
native language, to the extent necessary, or may provide instruction 
exclusively in English, and shall be carried out in coordination with 
programs assisted under the Bilingual Education Act and with 
bilingual vocational education programs under the Carl D. Perkins 
Vocational Education Act. 
"SEC. 343. STATE APPLICATIONS. 
20 USC1206b. 
"The State application submitted pursuant to section 341 shall 
provide assurances— 
"(1) that the State will provide such methods of administra-
tion as are necessary for the proper and efficient administration 
of this title; 
"(2) that Federal funds made available under this title will be 
so used as to supplement the amount of State and local funds 
available for uses specified in this title, and in no case to 
supplant such State and local funds; 
"(3) that the programs, services, and activities funded in 
accordance with the uses specified in section 322 are designed to 
expand or improve the quality of adult education programs 
including programs for educationally disadvantaged adults, to 
initiate new programs of high quality, or where necessary, to 
maintain programs; 
"(4) that the State will provide such fiscal control and 
fundings accounting procedures as may be necessary to ensure 
proper disbursement of, and accounting for, Federal funds paid 
to the State (including such funds paid by the State to eligible 
recipients under this title); and 
"(5) that the State has instituted policies and procedures to 
ensure that copies of the State plan and all statements of 
general policy, rules, regulations, and procedures will be made 
available to the public. 
102 STAT. 312 
PUBLIC LAW 100-297—APR. 28, 1988 
"Subpart 5—Evaluation and State Plan Amendments 
20 use 1207. 
"SEC. 351. STATE PLAN AMENDMENTS. 
"(a) TIMELY SUBMISSION.—When changes are necessary in a State 
plan, the State shall submit amendments to its plan by July 1 
preceding the fiscal year of operation to which the amendments 
apply. 
"(b) CONSIDERATION BY SECRETARY.—The Secretary shall approve, 
within 60 days of submission. State plan amendments which meet 
the requirements of this section, unless such amendments propose 
changes that are inconsistent with the requirements and purposes of 
this title. The Secretary shall not finally disapprove such amend-
ments except after giving reasonable notice and an opportunity for 
hearing to the State agency. 
"(c) TRANSITION RULE.—Upon a written request from a State, the 
Secretary shall approve an extension of 1 year, from June 30, 1988, 
to June 30, 1989, for the revision of any plan already approved 
under this section for the period July 1,1985, through June 30,1988. 
Grants. 
"SEC. 352. EVALUATION. 
"In order to assist grant recipients receiving funds under this title 
to plan and operate the best possible programs of adult education, 
each State agency during the 4-year period of the State plan shall— 
"(1) annually submit data to the Secretary with respect to 
grant recipients; 
"(2) before the end of such period evaluate at least one-third 
of grant recipients (which are representative of all grant recipi-
ents in the State) and such evaluations shall consider— 
"(A) the planning and content of the program; 
"(B) the curriculum, instructional materials, equipment, 
and qualifications of all personnel; 
"(C) the effect of the program on the subsequent work 
experience of graduates; and 
"(D) other factors determined to affect program oper-
ation; and 
"(3) gather and analyze data (including standardized test 
data) to determine the extent to which the adult programs are 
achieving the goals set forth in the plan including the goal of 
serving educationally disadvantaged adults, and the extent to 
which grant recipients have improved their capacity to achieve 
the purposes of this title as set forth in section 311. 
"Subpart 6—Demonstration Projects 
20USC1208. 
"SEC. 353. SPECIAL EXPERIMENTAL DEMONSTRATION PROJECTS AND 
TEACHER TRAINING. 
"(a) USE OF FUNDS.—Of the funds allotted to a State under section 
313 for a fiscal year, not less than 10 percent shall be used for— 
"(1) special projects which will be carried out in furtherance 
of the purposes of this title, which will be coordinated with 
other programs funded under this title and which— 
"(A) involve the use of innovative methods (including 
methods for educating persons with handicaps, the home-
less, and persons of limited English proficiency), systems, 
materials, or programs which may have national signifi-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 313 
cance or will be of special value in promoting effective 
programs under this title, or 
"(B) involve programs of adult education, including edu-
cation for persons with handicaps, the homeless, and per-
sons of limited English proficiency, which are part of 
community school programs, carried out in cooperation 
with other Federal, State, or local programs which have 
unusual promise in promoting a comprehensive or coordi-
nated approach to the problems of persons with educational 
deficiencies; and 
"(2) training persons engaged, or preparing to engage, as 
personnel in programs designed to carry out the purposes of this 
title. 
"(b) APPLICATIONS.—Applications for funds under subsection (a) 
shall include such information £is the State educational agency 
considers appropriate, including plans for continuing the activities 
and services under the project after the completion of the funding. 
"Subpart 7—Federal Share; Federal Administrative 
Responsibilities 
"SEC. 361. PAYMENTS. 
20 USC 1209. 
"(a) FEDERAL SHARE.—The Federal share of expenditures to carry 
out a State plan shall be paid from a State's allotment available for 
grants to that State. The Federal share shall be— 
Territories, U.S. 
"(1) 90 percent of the cost of carrying out the State's programs 
for fiscal year 1988; 
"(2) 85 percent of such cost for fiscal year 1990; 
"(3) 80 percent of such cost for fiscal year 1991; and 
"(4) 75 percent of such cost for fiscal year 1992 and for each 
fiscal year thereafter, 
except that with respect to Guam, American Samoa, the Virgin 
Islands, the Northern Mariana Islands, and the Trust Territory of 
the Pacific Islands, the Federal share of such cost shall be 100 
percent. 
"(b) MAINTENANCE OF EFFORT.—(1) No payment may be made to 
any State from its allotment for any fiscal year unless the Secretary 
finds that the fiscal effort per student or the amount available for 
expenditure by such State for adult education from non-Federal 
sources for the second preceding fiscal year was not less than such 
fiscal effort per student or such amount available for expenditure 
for such purposes from such sources during the third preceding 
fiscal year. 
"(2) The Secretary may waive the requirements of this subsection 
for 1 fiscal year only, upon making a determination that such 
waiver would be equitable due to exceptional or uncontrollable 
circumstances affecting the ability of the applicant to meet such 
requirements, such as a natural dis£ister or an unforeseen and 
precipitous decline in financial resources. 
102 STAT. 314 
PUBLIC LAW 100-297—APR. 28, 1988 
"PART C—WORKPLACE LITERACY AND ENGLISH 
LITERACY GRANTS 
20 use 1211. 
"SEC. 371. BUSINESS. INDUSTRY, LABOR. AND EDUCATION PARTNERSHIPS 
FOR WORKPLACE LITERACY. 
"(a) GRANTS FOR EXEMPLARY DEMONSTRATION PARTNERSHIPS FOR 
WORKPLACE LITERACY.—(1) Subject to subsection (b), the Secretary 
shall make demonstration grants to exemplary education partner-
ships for workplace literacy to pay the Federal share of the cost of 
adult education programs which teach literacy skills needed in the 
workplace through partnerships between— 
"(A) business, industry, labor organizations, or private indus-
try councils; and 
"(B) State educational agencies, local educational agencies, 
institutions of higher education, or schools (including employ-
ment and training agencies or community-based organizations). 
"(2) Grants under paragraph (1) may be used— 
"(A) to fund 70 percent of the cost of programs which meet the 
requirements of paragraph (3); and 
"(B) for administrative costs incurred by State educational 
agencies and local educational agencies in establishing pro-
grams funded under subparagraph (A). 
"(3) Programs funded under paragraph (2)(A) shall be designed to 
improve the productivity of the workforce through improvement of 
literacy skills needed in the workplace by— 
"(A) providing adult literacy and other basic skills services 
and activities; 
"(B) providing adult secondary education services and activi-
ties which may lead to the completion of a high school diploma 
or its equivalent; 
"(C) meeting the literacy needs of adults with limited English 
proficiency; 
"(D) upgrading or updating basic skills of adult workers in 
accordance* with changes in workplace requirements, tech-
nology, products, or processes; 
"(E) improving the competency of adult workers in speaking, 
listening, reasoning, and problem solving; or 
"(F) providing education counseling, transportation, and 
nonworking hours child care services to adult workers while 
they participate in a program funded under paragraph (2)(A). 
"(4) An application to receive funding for a program out of a grant 
made to a partnership under this subsection shall— 
"(A) be submitted jointly by— 
"(i) a business, industry, or labor organization, or private 
industry council; and 
"(ii) a State educational agency, local educational agency, 
institution of higher education, or school (including an area 
vocational school, an employment and training agency, or 
community-based organization); 
"(B) set forth the respective roles of each member of the 
partnership; 
"(C) contain such additional information as the Secretary may 
require, including evidence of the applicant's experience in 
providing literacy services to working adults; 
"(D) describe the plan for carrying out the requirements of 
paragraph (3); and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 315 
"(E) provide assurances that the applicant will use the funds 
to supplement and not supplant funds otherwise available for 
the purpose of this section. 
"(b) GRANTS TO STATES.—(1) Whenever in any fiscal year, appro-
priations under subsection (c) are equal to or exceed $50,000,00(), the 
Secretary shall make grants to States which have State plans 
approved by the Secretary under section 342 to pay the Federal 
share of the cost of adult education programs which teach literacy 
skills needed in the workplace through partnerships between— 
"(A) business, industry, or labor organizations, or private 
industry councils; and 
"(B) State educational agencies, local educational agencies, 
institutions of higher education, or schools (including employ-
ment and training agencies or community-based organizations). 
"(2) Grants under paragraph (1) may be used— 
"(A) to fund 70 percent of the cost of programs which meet the 
requirements of paragraph (4); 
"(B) for administrative costs incurred by State educational 
agencies and local educational agencies in establishing pro-
grams funded under subparagraph (A); and 
"(C) for costs incurred by State educational agencies in obtain-
ing evaluations described in paragraph (3)(A)(iii). 
"(3) A State shall be eligible to receive its allotment under para-
graph (7KB) if it— 
"(A) includes in a State plan submitted to the Secretary under 
section 342 a description of— 
"(i) the requirements for State approval of funding of a 
program; 
"(ii) the procedures under which applications for such 
funding may be submitted; and 
"(iii) the method by which the State shall obtain annual 
third-party evaluation of student achievement in, and over- ' 
all effectiveness of services provided by, all programs which 
receive funding out of a grant made to the State under this 
section; and 
"(B) satisfies the requirements of section 306(a). 
"(4) The program requirements set forth in subsection (a)(3) shall 
apply to the program authorized by this subsection. 
"(5) An application to receive funding for a program from a grant 
made to a State under paragraph (1) shall contain the same informa-
tion required in subparagraphs (A) through (E) of subsection (aX4). 
"(6) If a State is not eligible for a grant under paragraph (1) of this 
subsection, the Secretary shall use the State's allotment under 
paragraph (7) to make direct grants to applicants in that State who 
are qualified to teach literacy skills needed in the workplace. 
"(7KA) The Federal share of expenditures for programs in a State 
funded under this subsection shall be paid from a State's allotment 
under this paragraph. 
"(B) From the sum appropriated for each fiscal year under subsec-
tion (c) for any fiscal year in which appropriations equal or exceed 
$50,000,000, the Secretary shall allot— 
"(i) $25,000 to each of American Samoa, Guam, the Northern 
Territories, U.S. 
Mariana Islands, the Trust Territory of the Pacific Islands, and 
the Virgin Islands; and 
"(ii) to each remaining State an amount which bears the same 
ratio to the remainder of such sum as— 
19-194 O—91—Part 1 
12 : QL 3 
102 STAT. 316 
PUBLIC LAW 100-297—APR. 28, 1988 
"(I) the number of adults in the State who do not have a 
certificate of graduation from a school providing secondary 
education (or its equivalent) and who are not currently 
required to be enrolled in schools in the State, bears to 
"(II) the number of such adults in all States; 
except that no State shall receive less than $125,000 in any fiscal 
year. 
"(C) At the end of each fiscal year, the portion of any State's 
allotment for that fiscal year which— 
"(i) exceeds 10 percent of the total allotment for the State 
under paragraph (2) for the fiscal year; and 
"(ii) remains unobligated; 
shall be reallocated among the other States in the same proportion 
as each State's allocation for such fiscal year under paragraph (2). 
"(c) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized 
to be appropriated $30,000,000 for the fiscal year 1988, $31,500,000 
for the fiscal year 1989, and such sums as may be necessary for the 
fiscal year 1990 and each succeeding fiscal year ending prior to 
October 1, 1993, to carry out the provisions of this section. 
"(2) No funds may be appropriated under paragraph (1) of this 
subsection for any fiscal year unless the appropriation for this Act 
(other than this part) for that year is equal to or greater than 
$110,000,000. 
"(3) Amounts appropriated under this subsection shall remain 
available until expended. 
20 u s e 1211a. 
"SEC. 372. ENGLISH LITERACY GRANTS. 
"(a) GRANTS TO STATES.—(1) The Secretary may make grants to 
States which have State plans approved by the Secretary under 
section 342 for the establishment, operation, and improvement of 
English literacy programs for individuals of limited English pro-
ficiency. Such grants may provide for support services for program 
participants, including child care and transportation costs. 
"(2) A State shall be eligible to receive a grant under paragraph 
(1) if the State includes in a State plan submitted to the Secretary 
under section 342 a description of— 
"(A) the number of individuals of limited English proficiency 
in the State who need or could benefit from programs assisted 
under this chapter; 
"(B) the activities which would be undertaken under the 
grant and the manner in which such activities will promote 
English literacy and enable individuals in the State to partici-
pate fully in national life; 
"(C) how the activities described in subparagraph (B) will 
serve individuals of limited English proficiency, including the 
qualifications and training of personnel who will participate in 
the proposed activities; 
"(D) the resources necessary to develop and operate the pro-
posed activities and the resources to be provided by the State; 
and 
"(E) the specific goals of the proposed activities and how 
achievement of these goals will be measured. 
"(3) The Secretary may terminate a grant only if the Secretary 
determines that— 
"(A) the State has not made substantial progress in achieving 
the specific educational goals set out in the application; or 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 317 
Public 
information. 
"(B) there is no longer a need in the State for the activities 
funded by the grant. 
"(b) SET-ASIDE FOR COMMUNITY-BASED ORGANIZATIONS.—A State 
that is awarded a grant under subsection (a) shall use not less than 
50 percent of funds awarded under the grant to fund programs 
operated by community-based organizations with the demonstrated 
capability to administer English proficiency programs. 
"(c) REPORT.—A State that is awarded a grant under subsection (a) 
shall submit to the Secretary a report describing the activities 
funded under the grant for each fiscal year covered by the grant. 
"(d) DEMONSTRATION PROGRAM.—The Secretary, subject to the Contracts, 
availability of funds appropriated pursuant to this section, shall 
directly, and through grants and contracts with public and private 
nonprofit agencies, institutions, and organizations, carry out a 
program— 
"(1) through the Adult Education Division to develop innova-
tive approaches and methods of literacy education for individ-
uals of limited English proficiency utilizing new instructional 
methods and technologies; and 
"(2) to designate the Center for Applied Linguistics of the 
Office of Educational Research and Improvement as a national 
clearinghouse on literacy education for individuals of limited 
English proficiency to collect and disseminate information 
concerning effective approaches or methods, including coordina-
tion with employment training and other education programs. 
"(e) EVALUATION AND AUDIT.—The Secretary shall evaluate the 
effectiveness of programs conducted under this section. Programs 
funded under this section shall be audited in accordance with 
chapter 75 of title 31, United States Code. 
"(D AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized 
to be appropriated $25,000,000 for the fiscal year 1988, $26,300,000 
for the fiscal year 1989, $27,600,000 for the fiscal year 1990, 
$29,000,000 for the fiscal year 1991, $30,500,000 for the fiscal year 
1992, and $32,000,000 for the fiscal year 1993 to carry out this 
section. 
"(2) Funds appropriated pursuant to this section shall remain 
available until expended. 
"(3) Funds appropriated under this subsection may be combined 
with other funds made available for the State by the Federal 
Government for literacy training for individuals with limited 
English proficiency. 
"(4) Not more than 10 percent of funds available under this 
section may be used to carry out the provisions of subsection (d). 
"(5) Not more than 5 percent of funds available under this section 
may be used for State administration, technical assistance, and 
training. 
"PART D—NATIONAL PROGRAMS 
Grants. 
"SEC. 381. ADULT MIGRANT FARMWORKER AND IMMIGRANT EDUCATION. 20 USC 1213. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to carry 
out a program of making grants to States and local eligible recipi-
ents to support planning, developing, and evaluating programs 
which are designed to provide adult education programs, services, 
and activities to meet the special needs of migrant farmworkers and 
immigrants. Programs operated from such grants shall be included 
102 STAT. 318 
PUBLIC LAW 100-297—APR. 28, 1988 
in a State's plan and must conform to all requirements of programs 
Contracts. 
provided for by the State's basic grant. In carrying out this section, 
the Secretary may enter into interagency agreements with the 
Secretary of Health and Human Services to conduct programs in 
conjunction with activities authorized under the Immigration 
Reform and Control Act of 1986. 
"(b) PRIORITY.—In carrying out the provisions of this part, the 
Secretary shall from funds reserved under section 313(d) give first 
priority to the portion of the program described in subsection (a) for 
migrant farmworkers. 
20 u s e 1213a. 
"SEC. 382. ADULT LITP]RACY VOLUNTEER TRAINING. 
Aged persons. 
"(a) GENERAL AUTHORITY.—The Secretary is authorized to carry 
out a program of making grants to States and local eligible recipi-
ents to support planning, implementation, and evaluation of pro-
grams designed to train adult volunteers, especially the elderly, who 
wish to participate as tutors in local adult education programs. 
"(b) PRIORITY.—In carrying out the provisions of this part the 
Secretary shall from funds reserved under section 313(d) give second 
priority to the portion of the program described in subsection (a) for 
adult volunteers. 
20 use 1213b. 
"SEC. 383. STATE PROGRAM ANALYSIS ASSISTANCE AND POLICY STUDIES. 
"(a) FEDERAL ASSISTANCE.—(1) The Secretary is authorized to 
assist States in evaluating the status and progress of adult education 
in achieving the purposes of this title, and activities designed to 
provide such assistance shall include, but are not limited to— 
"(A) an analysis of State plans and of the findings of evalua-
tions conducted pursuant to section 352, with suggestions to 
State agencies for improvements in planning or program oper-
ation; and 
Public 
"(B) the provision of an information network (in conjunction 
information. 
with the National Diffusion Network) on the results of research 
in adult education, the operation of model or innovative pro-
grams (including efforts to continue activities and services, 
under the program after the Federal funding has been discon-
tinued) successful experiences in the planning, administration, 
and conduct of adult education programs, advances in curricu-
lum and instructional practices, and other information useful in 
the improvement of adult education. 
"(2) PRIORITY.—In carrying out the provisions of this part the 
Secretary shall from funds reserved under section 313(d) give third 
priority to the portion of the program described in paragraph (1) for 
evaluation and research. 
"(b) DETERMINATION OF LITERACY.—The Secretary, in consultation 
with the Congress shall, within the first 2 years after enactment of 
the Adult Education Amendments of 1988, make a determination of 
the criteria for defining literacy, taking into consideration reports 
prepared by the National Assessment of Educational Progress and 
others and shall identify concretely those skills that comprise the 
basic educational skills needed for literate functioning. The Sec-
retary, once the definition of literacy has been determined, shall, in 
consultation with the Congress and using the appropriate statistical 
sampling methodology, determine an accurate estimate of the 
number of illiterate adults in the Nation. 
"(c) REPORT ON STATUS OF LITERACY AND ADULT EDUCATION.— 
Subsequent to the determination of literacy and the number of 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 319 
illiterate individuals required in subsection (b), the Secretary shall 
submit a report every 4 years to the President and to the appro-
priate committees of the Congress on the status of literacy and adult 
education in the Nation. 
"(d) EVALUATION REPORT.—Three years after the date of enact-
ment of the Adult Education Amendments of 1988, and thereafter in 
conjunction with the report under subsection (c), the Secretary shall 
report to the appropriate committees of the Congress on the results 
of program evaluations required under this title and conclusions 
drawn therefrom regarding progress toward meeting the goals and 
purposes of this title, together with such recommendations as the 
Secretary may wish to make. 
"SEC. 384. NATIONAL RESEARCH ACTIVITIES. 
20 USC 1213c. 
"(a) APPROVED ACTIVITIES.—The Secretary shall, through the 
Office of Educational Research and Improvement, support applied 
research, development, demonstration, dissemination, evaluation, 
and related activities which will contribute to the improvement and 
expansion of adult education in the Nation. Such activities shall 
include the establishment of a national clearinghouse to compile 
information on literacy curriculum and resources for adults, includ-
ing youth and adults of limited English proficiency and adults with 
handicaps. The Secretary may support such activities directly, or Contracts, 
through grants to, or cooperative agreements with, public or private 
institutions, agencies, or organizations, or individuals. 
"(b) RESEARCH CONCERNING SPECIAL NEEDS.—In addition to 
the 
responsibilities of the Assistant Secretary for Educational Research 
and Improvement under section 405 of the General Education Provi-
sions Act, the Assistant Secretary may, with funds available under 
that section, with funds available under other Federal programs, or 
with funds set aside under section 313(d) of this title, support 
research on the special needs of persons requiring adult education 
including a study of the magnitude and nature of the needs of adults 
with learning disabilities who are eligible for participation in adult 
education programs. The Assistant Secretary may support such Contracts. 
research directly or through grants to, or contracts or cooperative 
agreements with, public or private institutions, agencies, or 
organizations. 
-SEC. 385. LIMITATION. 
20 USC 1213d. 
"No grant may be made under this title for any educational 
program, activity, or service related to sectarian instruction or 
religious worship, or provided by a school or department of divinity. 
For purposes of this section, the term 'school or department of 
divinity* means an institution or a department or branch of an 
institution whose program is specifically for the education of stu-
dents to prepare them to become ministers of religion or to enter 
upon some other religious vocation, or to prepare them to teach 
theological subjects.". 
PART 
C—EDUCATION 
FOR 
ECONOMIC 
SECURITY 
SEC. 2301. REAUTHORIZATION OF PARTNERSHIP IN EDUCATION. 
Section 304(b) of the Education for Economic Security Act (20 
U.S.C. 3983) is amended— 
(1) by striking ", and 1988" and all that follows before the 
period; 
102 STAT. 320 
PUBLIC LAW 100-297—APR. 28, 1988 
Appropriation 
authorization. 
Star Schools 
Program 
Assistance Act. 
Communications 
and tele-
communications. 
20 use 4081 
note. 
20 u s e 4081. 
Grants. 
20 use 4082. 
(2) by striking "1986," and inserting "1986 and"; and 
(3) by adding at the end "There are authorized to be appro-
priated to carry out the provisions of this title $15,000,000 for 
fiscal year 1989 and such sums as may be necessary for each of 
the fiscal years 1990,1991,1992, and 1993.". 
SEC. 2302. STAR SCHOOLS PROGRAM AUTHORIZED. 
The Education for Economic Security Act is amended by adding at 
the end thereof the following new title: 
"TITLE IX—STAR SCHOOLS PROGRAM 
"SHORT TITLE 
"SEC. 901. This title may be cited as the 'Star Schools Program 
Assistance Act'. 
"STATEMENT OF PURPOSE 
"SEC. 902. It is the purpose of this title to encourage improved 
instruction in mathematics, science, and foreign languages as well 
as other subjects such as vocational education through a star schools 
program under which demonstration grants are made to eligible 
telecommunications partnerships to enable such eligible tele-
communications partnerships to develop, construct, and acquire 
telecommunications audio and visual facilities and equipment, to 
develop and acquire instructional programming, and obtain tech-
nical assistance for the use of such facilities and instructional 
programming. 
"PROGRAM AUTHORIZED 
"SEC. 903. (a) GENERAL AUTHORITY.—The Secretary is authorized, 
in accordance with the provisions of this title, to make grants to 
eligible telecommunications partnerships for the Federal share of 
the cost of the development, construction, and acquisition of tele-
communications facilities and equipment, of the development and 
acquisition 
of instructional 
programming, 
and 
of 
technical 
assistance. 
"(b) AUTHORIZATION OF APPROPRIATIONS.—(1) There is authorized 
to be appropriated $100,000,000 for the period beginning October 1, 
1987, and ending September 30,1992. 
"(2) No appropriation in excess of $20,000,000 may be made in 
fiscal year 1988, and no appropriation in excess of $60,000,000 may 
be made in any of the fiscal years 1989 through 1992 pursuant to 
paragraph (1) of this subsection. 
"(3) Funds appropriated pursuant to this subsection shall remain 
available until expended. 
"(c) LIMITATIONS.—(IXA) A demonstration grant made to an eli-
gible telecommunications partnership under this title may not 
exceed $10,000,000. 
"(B) An eligible telecommunications partnership may receive a 
grant for a second year under this title, but in no event may such a 
partnership receive more than $20,000,000. 
"(2) Not less than 25 percent of the funds available in any fiscal 
year under this Act shall be used for the cost of instructional 
programming. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 321 
"(3) Not less than 50 percent of the funds available in any fiscal 
year under this title shall be used for the cost of facilities, equip-
ment, teacher training or retraining, technical assistance, or 
programming, for local educational agencies which are eligible to 
receive assistance under chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965. 
"(d) FEDERAL SHARE.—(1) The Federal share for any fiscal year 
shall be 75 percent. 
"(2) The Secretary may reduce or waive the requirements of the 
non-Federal share required under paragraph (1) of this subsection 
upon a showing of financial hardship. 
"ELIGIBLE TELECOMMUNICATIONS PARTNERSHIPS 
"SEC. 904. (a) GENERAL RULE.—In order to be eligible for dem- 20USC4083. 
onstration grants under this title, an eligible telecommunications 
partnership shall consist of^ 
"(Da public agency or corporation established for the purpose 
of developing and operating telecommunications networks to 
enhance educational opportunities provided by educational 
institutions, teacher training centers, and other entities, except 
that any such agency or corporation shall represent the in-
terests of elementary and secondary schools which are eligible 
to participate in the program under chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965; or 
"(2) a partnership which includes three or more of the follow-
ing, and at least one of which shall be an agency described in 
subparagraph (A) or (B), and which will provide a telecommuni-
cations network: 
"(A) a local educational agency, which has a significant 
Indians, 
number of elementary and secondary schools which are 
eligible for assistance under chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965 or ele-
mentary and secondary schools operated for Indian chil-
dren by the Department of the Interior eligible under 
section 1005(d) of the Elementary and Secondary Education 
Act of 1965, 
"(B) a State educational agency, or a State higher edu-
cation agency, 
"(C) an institution of higher education, 
"(D) a teacher training center which— 
"(i) provides teacher preservice and inservice train-
ing, and 
"(ii) receives Federal financial assistance or has been 
approved by a State agency, or 
"(E)(i) a public agency with experience or expertise in the 
planning or operation of a telecommunications network, 
"(ii) a private organization with such experience, or 
"(iii) a public broadcasting entity with such experience. 
"(b) SPECIAL RULE.—An eligible telecommunications partnership 
must be organized on a statewide or multistate basis. 
"APPUCATIONS 
"SEC. 905. (a) APPLICATION REQUIRED.—Each eligible telecommuni- 20 use 4084. 
cations partnership which desires to receive a demonstration grant 
under this title may submit an application to the Secretary, at such 
102 STAT. 322 
PUBLIC LAW 100-297—APR. 28, 1988 
time, in such manner, and containing or accompanied by such 
information as the Secretary may reasonably require. 
"(b) CONTENTS OF APPLICATION.—Each such application shall— 
"(1) describe the telecommunications facilities and equipment 
and technical assistance for which assistance is sought which 
may include— 
"(A) the design, development, construction, and acquisi-
tion of State or multistate educational telecommunications 
networks and technology resource centers; 
"(B) microwave, fiber optics, cable, and satellite trans-
mission equipment; 
"(C) reception facilities; 
"(D) satellite time; 
"(E) production facilities; 
"(F) other telecommunications equipment capable of serv-
ing a wide geographic area; 
"(G) the provision of training services to elementary and 
secondary school teachers (particularly teachers in schools 
receiving assistance under chapter 1 of title I of the Ele-
mentary and Secondary Education Act of 1965) in using the 
facilities and equipment for which assistance is sought; and 
"(H) the development of educational programming for use 
on a telecommunications network; 
"(2) describe, in the case of an application for assistance for 
instructional programming, the types of programming which 
will be developed to enhance instruction and training; 
"(3) demonstrate that the eligible telecommunications part-
nership has engaged in sufficient survey and analysis of the 
area to be served to ensure that the services offered by the 
telecommunications partnership will increase the availability of 
courses of instruction in mathematics, science, and foreign lan-
guages, as well as the other subjects to be offered; 
"(4) describe the teacher training policies to be implemented 
to ensure the effective use of the telecommunications facilities 
and equipment for which assistance is sought; 
"(5) provide assurances that the financial interest of the 
United States in the telecommunications facilities and equip-
ment will be protected for the useful life of such facilities and 
equipment; 
"(6) provide assurances that a significant portion of the facili-
ties, equipment, technical assistance, and programming for 
which assistance is sought will be made available to elementary 
and secondary schools of local educational agencies which have 
a high percentage of children counted for the purpose of chapter 
1 of title I of the Elementary and Secondary Education Act of 
1965; 
Disadvantaged 
"(7) describe the manner in which traditionally underserved 
persons. 
students will participate in the benefits of the telecommuni-
cations facilities, equipment, technical assistance, and program-
ming assisted under this title; 
"(8) provide assurances that the applicant will use the funds 
to supplement and not supplant funds otherwise available for 
the purpose of this title; and 
"(9) provide such additional assurances as the Secretary may 
reasonably require. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 323 
"(c) APPROVAL OF APPLICATION; PRIORITY.—The Secretary shall, in 
approving applications under this title, give priority to applications 
which demonstrate that— 
"(1) a concentration and quality of mathematics, science, and 
Disadvantaged 
foreign language resources which, by their distribution through 
persons, 
the eligible telecommunications partnership, will offer signifi-
cant new educational opportunities to network participants, 
particularly to traditionally underserved populations and areas 
with scarce resources and limited access to courses in mathe-
matics, science, and foreign languages; 
"(2) the eligible telecommunications partnership has secured 
the direct cooperation and involvement of public and private 
educational institutions. State and local government, and indus-
try in planning the network; 
"(3) the eligible telecommunications partnership will serve 
the broadest range of institutions, including public and private 
elementary and secondary schools (particularly schools having 
significant numbers of children counted for the purpose of 
chapter 1 of title I of the Elementary and Secondary Education 
Act of 1965), programs providing instruction outside of the 
school setting, institutions of higher education, teacher training 
centers, research institutes, and private industry; 
"(4) a significant number of educational institutions have 
agreed to participate or will participate in the use of the 
telecommunications system for which assistance is sought; 
"(5) the eligible telecommunications partnership will have 
substantial academic and teaching capabilities including the 
capability of training, retraining, and inservice upgrading of 
teaching skills; 
"(6) the eligible telecommunications partnership will serve a 
multistate area; and 
"(7) the eligible telecommunications partnership will, in 
providing services with assistance sought under this Act, meet 
the needs of groups of individuals traditionally excluded from 
careers in mathematics and science because of discrimination, 
inaccessibility, or economically disadvantaged backgrounds. 
"(d) GEOGRAPHIC DISTRIBUTION.—In approving applications under 
Grants, 
this title, the Secretary shall £issure an equitable geographic dis-
tribution of grants. 
DISSEMINATION OF COURSES AND MATERIALS UNDER THE STAR 
SCHOOLS PROGRAM 
"SEC. 906. (a) REPORT.—Each eligible telecommunications partner-
ship awarded a grant under this title shall report to the Secretary a 
listing and description of available courses of instruction and mate-
rials to be offered by educational institutions and teacher training 
centers which will be transmitted over satellite, specifying the 
satellite on which such transmission will occur and the time of such 
transmission. 
"(b) DISSEMINATION OF COURSES OF INSTRUCTION.—The Secretary 
shall compile and prepare for dissemination a listing and descrip-
tion of available courses of instruction and materials to be offered by 
educational institutions and teacher training centers equipped with 
satellite transmission capabilities, as reported to the Secretary 
under subsection (a) of this section. 
20 use 4085. 
102 STAT. 324 
PUBLIC LAW 100-297—APR. 28, 1988 
"(c) DISSEMINATION TO STATE EDUCATIONAL AGENCIES.—The Sec-
retary shall distribute the list required by subsection (b) of this 
section to all State educational agencies. 
"DEFINITIONS 
20 use 4086. 
"SEC. 907. As used in this title— 
"(1) the term 'educational institution' means an institution of 
higher education, a local educational agency, and a State edu-
cational agency; 
"(2) the term 'institution of higher education' has the same 
meaning given that term under section 1201(a) of the Higher 
Education Act of 1965; 
"(8) the term 'local educational agency' has the same meaning 
given that term under section 1471(10) of the Elementary and 
Secondary Education Act of 1965; 
"(4) the term 'instructional programming' means courses of 
instruction, and training courses, and materials for use in such 
instruction and training which have been prepared in audio and 
visual form on tape, disc, film, or live, and presented by means 
of telecommunications devices; 
"(5) the term 'public broadcasting entity' has the same mean-
ing given that term in section 397 of the Communications Act of 
1934; 
"(6) the term 'Secretary' means the Secretary of Education; 
"(7) the term 'State educational agency' has the same mean-
ing given that term under section 1471(16) of the Elementary 
and Secondary Education Act of 1965; and 
"(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 Trust Territory of the 
Pacific Islands, and the Commonwealth of the Northern Mari-
ana Islands.". 
SEC. 230.3. REPEAL. 
Titles II, IV, VI, and VII of the Education for Economic Security 
20 use 
Act are repealed. 
3961-3973, 
4031^4031'note, 
PART D—VOCATIONAL EDUCATION 
4032-4037, 
4051-4062. 
SEC. 2401. TECHNICAL AMENDMENT. 
(a) USES OF FUNDS.—Section 201 of the Carl D. Perkins Vocational 
Education Act (20 U.S.C. 2331) is amended— 
(1) in subsection (b)(4), by striking "or homemakers;" and 
inserting ", homemakers, or single pregnant women;"; and 
(2) in subsection (f), by striking "and homemakers" each place 
it appears and inserting ", homemakers, and single pregnant 
women". 
(b) DISTRIBUTION OF ASSISTANCE.—Section 202(a)(4) of the Carl D. 
Perkins Vocational Education Act (20 U.S.C. 2332(4)) is amended by 
striking "and homemakers;" and inserting ", homemakers, or single 
pregnant women;". 
(c) CONFORMING AMENDMENT.—Section 202 of the Carl D. Perkins 
Vocational Education Act (20 U.S.C. 2332) is amended— 
(1) by striking "(a)"; and 
(2) by striking subsection (b). 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 325 
SEC. 2402. THE NATIONAL CENTER FOR RESEARCH IN VOCATIONAL EDU-
CATION. 
(a) IN GENERAL.—From funds appropriated for the fiscal year 1987 
for section 404 of the Carl D. Perkins Vocational Education Act of 
1984, the Secretary of Education shall provide financial assistance to 
a Center for Research in Vocational Education at The Ohio State 
University in the amount of $2,000,000 and the University of 
California at Berkeley in the amount of $2,000,000 to support on-
going activities, but not to support any new hiring after April 10, 
1988, through December 31, 1988. Funds allocated to either institu-
tion shall be shared equitably according to the expenses of all 
subcontractors. The funds made available under this section shall 
not be affected by the outcome of the final decision on a grant award 
recipient for the National Center for Research in Vocational Edu-
cation. Any funds received under this section shall be deducted from 
the total award made for a National Center for the 1988 grant 
award year, 
(b) CONSTRUCTION.—Nothing in this section shall be construed to 
affect the decision with respect to the location of the National 
Center for Research in Vocational Education. 
PART E—COMPREHENSIVE CHILD DEVELOPMENT 
PROGRAM 
SEC. 250L SHORT TITLE. 
This part may be cited as the "Comprehensive Child Development 
Centers Act of 1988". 
SEC. 2502. STATEMENT OF PURPOSE. 
It is the purpose of this part to provide financial assistance to 
projects, on a multiyear basis, that— 
(1) are designed to encourage intensive, comprehensive, in-
tegrated, and continuous supportive services for infants and 
young children from low-income families; 
(2) will enhance their physical, social, emotional, and intellec-
tual development and provide support to their parents and 
other family members; and 
(3) target services on infants and young children from families 
who have incomes below the poverty line and who, because of 
environmental, health, or other factors, need intensive and 
comprehensive supportive services to enhance their develop-
ment. 
SEC. 2503. PROGRAM AUTHORIZED. 
Chapter 8 of subtitle A of title VI of the Omnibus Budget Rec-
onciliation Act of 1981 (Public Law 97-35; 42 U.S.C. 9801 et seq.) is 
amended by adding at the end the following: 
Comprehensive 
Child 
Development 
Centers Act of 
1988 
42 use 9801 
note. 
42 use 9881 
note. 
"Subchapter E—Comprehensive Child Development Program 
Comprehensive 
Child 
"SHORT TITLE 
Development 
« o 
/>rr/^^l«^ mi . 
i 
i 
GrOntS. 
SEC. 670M. This subchapter may be cited as the "Comprehensive 
42 use 9801 
Child Development Act". 
note. 
102 STAT. 326 
PUBLIC LAW 100-297—APR. 28, 1988 
Urban areas. 
Rural areas. 
Disadvantaged 
persons. 
42 u s e 9881. 
Contracts. 
CHILD DEVELOPMENT PROJECTS 
"SEC. 670N. (a)(1) The Secretary is authorized to make operating 
grants to eligible agencies in rural and urban areas to pay the 
Federal share of the cost of projects designed to encourage intensive 
and comprehensive supportive services which will enhance the phys-
ical, social, emotional, and intellectual development of low-income 
children from birth to compulsory school age, including providing 
necessary support to their parents and other family members. 
"(2) The Secretary shall enter into contracts, agreements, or other 
arrangements with at least 10, but not more than 25, eligible 
agencies to carry out this section. 
"(3) In carrying out this section, the Secretary shall consider— 
"(A) the capacity of the eligible agency to administer the 
project for which assistance is sought; 
"(B) the proximity of the eligible agency and facilities associ-
ated with the project to the infants, young children, parents, 
and other family members, to be served by the project, or the 
ability of the agency to provide offsite services; 
"(C) the ability of the eligible agency to coordinate its activi-
ties with State and local public agencies (such as agencies 
responsible for education, health and mental health services, 
social services, child care, nutrition, income assistance, and 
other relevant services), with appropriate nonprofit private 
organizations involvea in the delivery of intensive and com-
prehensive support services, and with the appropriate local 
educational agency; 
"(D) the management and accounting skills of the eligible 
agency; 
"(E) the ability of the eligible agency to use the appropriate 
Federal, State, and local programs in carrying out the project; 
and 
"(F) the eligible agency's involvement of project participants 
and community representatives in the planning and operation 
of the project. 
"(b)(1)(A) The Secretary may make planning grants to eligible 
agencies to pay the Federal share of the cost of planning for projects 
funded under this section. 
"(B)(i) No planning grant may be for a period longer than 1 year, 
"(ii) Not more than 30 planning grants may be made under this 
subsection. 
"(2) Each eligible agency desiring to receive a planning grant 
under this section shall submit an application to the Secretary at 
such time, in such manner, and containing or accompanied by such 
information as the Secretary may reasonably require. Each such 
application shall— 
"(A) describe the capacity of the eligible agency to provide or 
ensure the availability of the intensive and comprehensive 
supportive services pursuant to the purposes of section 2402 of 
the Comprehensive Child Development Centers Act of 1988; 
"(B) describe the eligible infants, young children, parents, and 
other family members to be served by the project, including the 
number to be served and information on the population and 
geographic location to be served; 
"(C) describe how the needs of such infants and young chil-
dren will be met by the project; 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 327 
"(D) describe the intensive and comprehensive supportive 
services that project planners intend to address in the develop-
ment of the plan; 
"(E) describe the manner in which the project will be operated 
together with the involvement of other community groups and 
public agencies; 
"(F) specify the entities that the eligible agency intends to 
contact and coordinate activities with during tne planning 
phase; 
"(G) identify a planning phase advisory board which includes 
prospective project participants, representatives of the commu-
nity in which the project will be located, and individuals with 
expertise in the services to be offered; 
(H) describe the capacity of the eligible agency to raise the 
non-Federal share of the costs of the project; and 
"(I) contain such other information as the Secretary may 
reasonably require. 
"(c)(1)(A) The Secretary shall make operating grants to eligible Disadvantaged 
agencies selected in accordance with this section to pay the Federal persons, 
share of the cost of carrying out projects for intensive and com-
prehensive supportive services for low-income infants, young chil-
dren, parents, and other family members. 
"(B) The Secretary shall ensure that there will be projects receiv-
ing grants under this section in rural areas. 
"(C) In making operating grants in a fiscal year, the Secretary 
shall give priority to eligible entities that received operating grants 
under this section for the preceding fiscal year. 
"(2XA) To be eligible to receive an operating grant under this 
section, an eligible agency shall— 
"(i) have a planning grant application approved under subsec-
tion (b) on file with the Secretary or have experience in conduct-
ing projects similar to the projects authorized by this section, 
and 
"(ii) submit an operating grant application at such time, in 
such manner, and containing or accompanied by such informa-
tion as the Secretary may reasonably require. 
"(B) Each such application shall— 
"(i) identify the population and geographic location to be 
served by the project; 
"(ii) provide assurances that services are closely related to the 
identifiable needs of the target population; 
"(iii) provide £issurances that each project will provide 
directly or arrange for intensive and comprehensive support 
service^ 
'^v) identify the referral providers, agencies, and organiza-
tions that the eligible entity will use to carry out the project for 
which such operating grant is requested; 
"(v) provide assurances that intensive and comprehensive 
supportive services will be furnished to parents beginning with 
prenatal care and will be furnished on a continuous basis to 
infants and young children, as well £is to their parents and other 
family members; 
"(vi) describe how services will be furnished at offsite loca-
tions, if appropriate; 
"(vii) describe the extent to which the eligible agency 
through its project, will coordinate and expand existing services 
102 STAT. 328 
PUBLIC LAW 100-297—APR. 28, 1988 
Reports. 
42 use 9882. 
as well as provide services not available in the area to be served 
by the project; 
"(viii) describe how the project will relate to the local edu-
cational agency as well as State and local agencies providing 
health, nutritional, education, social, and income maintenance 
services; 
"(ix) provide assurances that the eligible agency will pay the 
non-Federal share of the cost of the project for which such 
operating grant is requested, from non-Federal sources; 
"(x) collect and provide data on groups of individuals and 
geographic areas served, including types of services to be fur-
nished, estimated cost of providing comprehensive services on 
an average per user basis, types and nature of conditions and 
needs identified and met, and such other information as the 
Secretary may require; 
"(xi) provide for an advisory committee consisting of— 
"(I) participants in the project, 
"(II) individuals with expertise in furnishing services the 
project offers and in other aspects of child health and child 
development, and 
"(III) representatives of the community in which the 
project will be located; 
"(xii) describe plans for evaluating the impact of the project; 
and 
"(xiii) include such additional assurances, and agree to submit 
such necessary reports, as the Secretary may reasonably 
require. 
"(d)(1)(A) The Secretary shall pay to eligible agencies having 
applications approved under subsections (b) and (c) the Federal 
share of the cost of the activities described in such applications. 
"(B) The Federal share of such costs shall be 80 percent for each 
fiscal year. 
"(C) The non-Federal share of such costs may be provided in cash 
or in kind fairly evaluated, including equipment or services. 
"(D) Payments under this section may be made in installments, 
and in advance or by way of reimbursement, with necessary adjust-
ments on account of overpayments or underpayments, as the Sec-
retary may determine. 
"(2) No planning grant to a single eligible agency may exceed 
$35,000. 
"(e)(1) The Secretary shall, based on the projects assisted under 
this section, conduct or provide for, an evaluation of the success of 
projects authorized by this section. 
"(2) Each eligible agency receiving a grant under this section shall 
furnish information requested in order to carry out the evaluation 
required by paragraph (1). 
"(f) Not later than October 1, 1993, the Secretary shall prepare 
and submit to the Congress a report on the evaluation required by 
subsection (e)(1), together with such recommendations, including 
recommendations 
for 
legislation, 
as 
the 
Secretary 
deems 
appropriate. 
"LIMITATION 
"SEC. 670O. For purposes of making any grant under section 670N, 
the Secretary may not take into consideration whether the 
applicant for such grant applies for or receives funds under 
subchapter B. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 329 
"APPLICABILITY OF CERTAIN RULES AND REGULATIONS 
"SEC. 670P. Except when inconsistent with the provisions of this 
42 USC 9883. 
subchapter, the rules and regulations prescribed by the Secretary, 
as in effect from time to time, to carry out subchapter B shall apply 
to carrying out this subchapter to the extent that services provided 
under this subchapter are similar to services provided under sub-
chapter B. 
"CONTINUING EVALUATION OF PROJECTS 
"SEC. 670Q. (a) The Secretary shall provide, directly or through 
42 USC 9884. 
grants and contracts, for the continuing evaluation of projects under 
Contracts, 
this subchapter in order to determine their effectiveness in achiev-
ing stated goals, their impact on related programs, and their struc-
ture and mechanisms for delivery of services. Such evaluation shall 
include— 
"(1) evaluations that measure the impact of such projects; and 
"(2) where appropriate, comparisons of individuals who 
participate in such projects with appropriate control groups 
composed of individuals who do not participate in such projects. 
"(b) Each evaluation conducted under subsection (a) of a project 
shall be conducted by persons who are not directly involved in the 
administration of such project. 
"(c) In carrying out subsection (a), the Secretary may require 
eligible agencies to provide for independent evaluations. 
"GENERAL ADMINISTRATION 
"SEC. 670R. The Secretary shall carry out this subchapter through 
42 USC 9885. 
the administrative entity of the Department of Health and Human 
Services used by the Secretary to carry out subchapter B. 
"DEFINITIONS 
"SEC. 670S. As used in this subchapter— 
42 USC 9886. 
"(1) the term 'early intervention services' has the same mean-
ing given that term by section 672(2) of the Education of the 
Handicapped Act (20 U.S.C. 1472(2)); 
"(2) the term 'eligible agency' means a Head Start agency, an 
agency that is eligible to be designated as a Head Start agency 
under section 641, a community-based organization, an institu-
tion of higher education, a public hospital, a community devel-
opment corporation, or a public or private nonprofit agency or 
organization specializing in delivering social services to infants 
or young children; 
"(3) 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 U.S.C. 1141(a)); 
"(4) the term 'intensive and comprehensive supportive serv-
ices' means— 
"(A) in the case of infants and young children, services 
designed to enhance the physical, social, emotional, and 
intellectual development of such infants and children and 
such term includes infant and child health services (includ-
ing screening and referral), child care that meets State 
licensing requirements, early childhood development pro-
grams, early intervention services for children with or at-
risk of developmental delays, and nutritional services; and 
102 STAT. 330 
PUBLIC LAW 100-297—APR. 28, 1988 
"(B) in the case of parents and other family members, 
services designed to better enable parents and other family 
members to contribute to their child's healthy development 
and such term includes prenatal care; education in infant 
and child development, health, nutrition, and parenting; 
referral to education, employment counseling and training 
as appropriate; and assistance in securing adequate income 
support, health care, nutritional assistance, and housing; 
"(5) the term 'local educational agency' has the same meaning 
given that term by section 1471(12) of the Elementary and 
Secondary Education Act of 1965; 
"(6) the term 'low income' means persons who are from 
families having incomes below the poverty line as determined 
and revised in accordance with section 673(2) of the Community 
Services Block Grant Act (42 U.S.C. 9902(2)); and 
"(7) the term 'Secretary' means the Secretary of Health and 
Human Services. 
"AUTHORIZATION OP APPROPRIATIONS 
42 use 9887. 
"SEC. 670T. (a) Subject to subsection (b), there is authorized to be 
appropriated $25,000,000 for each of the fiscal years 1989,1990,1991, 
1992, and 1993 to carry out this subchapter. 
"(b) Notwithstanding any other provision of law, no funds shall be 
available for fiscal year 1989 or 1990 to carry out this subchapter if 
the amount appropriated for such fiscal year to carry out sub-
chapter B is less than 104 percent of the amount appropriated for 
the preceding fiscal year to carry out subchapter B. 
"(c) Funds made available in accordance with this section shall 
remain available for obligation and expenditure for one fiscal year 
succeeding the fiscal year for which such funds are appropriated.". 
SEC. 2504. CONFORMING AMENDMENTS. 
Section 638 of the Head Start Act (42 U.S.C. 9833) is amended— 
(1) by inserting "(a)" after "SEC. 638."; and 
(2) by adding at the end thereof the following: 
"(b) For purposes of providing financial assistance under subsec-
tion (a) to agencies, the Secretary may not take into consideration 
whether such agency applies for or receives funds under subchapter 
E.". 
PART F—HIGHER EDUCATION 
SEC. 2601. ROBERT T. STAFFORD STUDENT LOAN PROGRAM. 
(a) AMENDMENT TO TITLE OF PROGRAM.—Section 421 of the Higher 
20 use 1071. 
Education Act of 1965 (hereafter in this section referred to as the 
"Act") is amended by adding at the end the following new subsec-
tion: 
"(c) The program established under this part may be referred to as 
the 'Robert T. Stafford Student Loan Program'.". 
(b) CONFORMING AMENDMENT.—The heading for Part B of title IV 
20 use prec. 
of the Act is amended to read as follows: "PART B—ROBERT T. 
1071- 
STAFFORD STUDENT LOAN PROGRAM". 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 331 
TITLE III—EDUCATIONAL ASSESSMENT, 
ACHIEVEMENT, AND ADMINISTRATION 
PART A—STATISTICS 
SEC. 3001. NATIONAL CENTER FOR EDUCATION STATISTICS. 
(a) ADMINISTRATION.—Section 406(a) of the General Education 
Provisions Act (hereinafter in this section referred to as "the Act") 
is amended— 
(1) by inserting "(1)" after "(a)"; 
(2) in the first sentence of subsection (a) by inserting "Na-
tional" before "Center"; and 
(3) by striking all after the first sentence and inserting the 
following: "The general design and duties of the National 
Center for Education Statistics shall be to acquire and diffuse 
among the people of the United States useful statistical 
information on subjects connected with education (in the most 
general and comprehensive sense of the word) particularly the 
retention of students, the assessment of their progress, the 
financing of institutions of education, financial aid to students, 
the supply of and demand for teachers and other school person-
nel, libraries, comparisons of the education of the United States 
and foreign nations and the means of promoting material, 
social, and intellectual prosperity through education.". 
(b) COMMISSIONER OF EDUCATION STATISTICS.—(1) Section 406(a) of 
the Act is amended by inserting after paragraph (1) (as so designated 
in subsection (a)) the following new paragraph*. 
"(2)(A) The Center shall be headed by a Commissioner of Edu-
cation Statistics who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Commissioner of the 
National Center for Education Statistics shall have substantial 
experience and knowledge of programs encompassed by the Na-
tional Center The Commissioner shall be paid in accordance with 
section 5315 of title 5, United States Code. The Commissioner shall 
serve for terms of 4 years, except that the initial appointment shall 
commence June 21,1991. 
"(B) There shall be within the Center (i) an Associate Commis-
sioner for Statistical Standards and Methodology who shall be 
qualified in the field of mathematical statistics or statistical meth-
odology; and (ii) an Associate Commissioner for Data Collection and 
Dissemination, who shall be an individual who has extensive knowl-
edge of uses of statistics for policy purposes at all levels of American 
education, and who shall promote the participation of States, local-
ities, and institutions of higher education in designing education 
statistics programs, encourage widespread dissemination and use of 
the Center's data, and promote United States participation in inter-
national and regional education statistics. The Commissioner may 
appoint such other Associate Commissioners as may be necessary 
and appropriate.". 
(2) Section 5315 of title 5 of the United States Code, is amended by 
adding at the end thereof the following: 
"Commissioner, National Center for Education Statistics.". 
(3) TRANSITION PROVISION.—During the period beginning on the 
date of the enactment of this Act and ending on the date that an 
appointment is made pursuant to section 406(aX2)(A) (as inserted by 
20 u s e 1221e-l. 
Public 
information. 
20 u s e 1221e-l 
note. 
102 STAT. 332 
PUBLIC LAW 100-297—APR. 28, 1988 
paragraph (D), the individual serving as the director of the Center 
for Education Statistics on the date of the enactment of this Act may 
serve as acting Commissioner. 
(c) ADVISORY COUNCIL ON EDUCATION STATISTICS.—Section 406(c) of 
20 use I22le-l. the Act is amended— 
(1) in the first sentence of paragraph (1) by inserting "public" 
after "7"; 
(2) in paragraph (2)— 
(A) in subparagraph (B) by striking "and"; 
(B) by striking the period at the end of subparagraph (C) 
and inserting a comma; and 
(C) by adding at the end the following subparagraphs: 
"(D) Commissioner of Education Statistics, and; 
"(E) Chairman, National Commission on Libraries and 
Information Science."; 
(3) in paragraph (4) by striking "Assistant Secretary" and 
inserting "Commissioner of Education Statistics"; 
(4) in paragraph (7) by striking "establishing" and inserting 
"advising on'; and 
(5) by adding after paragraph (7) the following new para-
graph: 
"(8) The Commissioner may appoint such other ad hoc ad-
visory committees as the Commissioner considers necessary.". 
(d) CONDITION OF EDUCATION REPORT.—Section 406(d) of the Act is 
amended— 
(1) in paragraph (1)— 
(A) by striking "Secretary" and inserting "Commis-
sioner"; 
(B) by adding "and" at the end of subparagraph (B); 
(C) by striking "; and" at the end of subparagraph (C) and 
inserting a period; and 
(D) by striking all of subparagraph (D); 
(2) by redesignating paragraph "(2)' as paragraph "(3)"; and 
(3) by adding after paragraph (1) the following new para-
graph: 
"(2) The Secretary shall submit annually a report to the 
Congress giving information of the State of Education in the 
Nation. In such report the Secretary shall clearly set forth the 
Secretary's views of critical needs in education and the most 
effective manner in which the nation and the Federal Govern-
ment may address such needs.". 
(e) AUTHORITY OF COMMISSIONER.—Section 406(e) of the Act is 
amended by adding at the end the following paragraphs: 
Contracts. 
"(3) In carrying out any authorized responsibilities under this 
section, the Commissioner may enter into contracts under regu-
lar competitive procedures of the Federal Government or other 
financial arrangements. Contracts or financial arrangements 
may also include sole source contracts with States, additional 
institutions, organizations performing international studies, 
and associations that are nationally representative of a wide 
Reports. 
variety of States or nonpublic schools. The Commissioner shall 
submit annually a report to the appropriate committees of the 
Congress, listing each sole source contract, its purpose, and the 
reasons why competitive bidding was not feasible in each such 
instance. 
"(4) The Commissioner is authorized to prepare and publish 
such information and documents as may be of value in carrying 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 333 
out the purposes of this section. Periodically, the Commissioner 
shall issue a regular schedule of publications. 
"(5) In addition to the condition of education report under 
Reports. 
. subsection (d), the Commissioner is authorized to make special 
reports on particular subjects whenever required to do so by the 
President or either House of Congress or when considered 
appropriate by the Commissioner. 
'(6) The Commissioner is authorized to use information col-
lected by other offices in the Department of Education and by 
other executive agencies and to enter into interagency agree-
ments for the collection of statistics for the purposes of this 
section. The Commissioner is authorized to arrange with any 
agency, organization, or institution for the collection of statis-
tics for the purposes of this section and may assign employees of 
the Center to any such agency, organization, or institution to 
assist in such collection. 
"(1) The Commissioner is authorized to use the statistical 
method known as sampling to carry out this section. Data may 
be collected from States, local educational agencies, schools, 
libraries, administrators, teachers, students, the general public, 
and such other individuals, persons, organizations, agencies, 
and institutions as the Commissioner may consider appropriate. 
"(8) To assure the technical quality and the coordination of 
statistical activities of the Department, the Commissioner shall 
provide technical assistance to Department offices that gather 
data for statistical purposes. Such assistance may include a 
review of and advice on data collection plans, survey designs 
and pretests, the management of data, and the quality of report-
ing of data. 
"(9) The Commissioner is authorized to— 
"(A) select, appoint, and employ such officers and em-
ployees as may be necessary to carry out the functions of 
the Center, subject to the provisions of title 5, United States 
Code (governing appointments in the competitive service), 
and the provisions of chapter 51 and subchapter III of 
chapter 53 of such title (relating to classification and Gen-
eral Schedule pay rates); and 
"(B) notwithstanding any other provision of this Act, to 
obtain services as authorized by section 3109 of title 5, 
United States Code, at a rate not to exceed the equivalent 
daily rate payable for grade GS-18 of the General Schedule 
under section 5332 of such title.". 
(f) REPORTS ON EDUCATION INDICATORS.—Section 406(g) of the Act 20 USC I22le-l. 
is amended— 
(1) by inserting "(1)" after "(g)"; and 
(2) by inserting after parsigraph (1) (as so designated in para-
graph (1) of this section) the following new paragraph: 
"(2) In addition to other duties of the Commissioner under 
this section, it shall be the responsibility of the Commissioner to 
issue regular public reports to the President and Congress on 
dropout and retention rates, results of education, supply and 
demand of teachers and school personnel, libraries, financial aid 
and on such other education indicators as the Commissioner 
determines to be appropriate.". 
(g) SPECIAL STUDY PANEL ON EDUCATION INDICATORS.—Section 
406(g) of the Act is amended by adding after paragraph (2) (as added 
by subsection (F)) the following new paragraph: 
102 STAT. 334 
PUBLIC LAW 100-297—APR. 28, 1988 
"(3) The Commissioner shall establish a special study panel to 
make recommendations concerning the determination of edu-
Reports. 
cation indicators for study and report under paragraph (2). Not 
more than 18 months after the date of the enactment of the 
Augustus F. Hawkins-Robert T. Stafford Elementary and 
Secondary School Improvement Amendments of 1988, the 
Commissioner shall submit the report of the panel to the appro-
Termination 
priate committees of the Congress. The panel shall cease to exist 
date. 
6 months after the date of such submission.". 
(h) DROPOUT AND RETENTION STUDY AND REPORTS.—Section 406(g) 
20 use I22le-i. 
of the Act is amended by adding after paragraph (3) (as added by 
subsection (g)) the following new paragraph: 
"(4)(A) The Center shall conduct an annual national survey of 
dropout and retention rates as an education indicator 
"(B) The Commissioner shall appoint a special task force to 
develop and test an effective methodology to accurately meas-
ure dropout and retention rates. Not later than 1 year after the 
date of enactment of the Augustus F. Hawkins-Robert T. Staf-
ford Elementary and Secondary School Improvement Amend-
ments of 1988, the task force shall submit a report of its 
recommendations, including procedures for implementation of 
such recommendations, to the Commissioner and the appro-
priate committees of the Congress. 
"(C) On the second Tuesday after Labor Day of 1989 and on 
each such Tuesday thereafter, the Center shall submit a report 
to the appropriate committees of the Congress of the dropout 
and retention rate prevailing on March 30 of each such year.". 
(i) FINANCIAL AID STUDIES.—Section 406(g) of the Act is amended 
by adding after paragraph (4) (as added by subsection (h)) the 
following new paragraph: 
"(5)(A) As of March 30, 1990, and not less than every 3 years 
thereafter, the Center shall conduct a national study and survey 
of financial aid in accordance with the provisions of section 
Reports. 
1303(c) of the Higher Education Amendments of 1986. The 
Center shall submit a report to the appropriate committees of 
the Congress concerning the findings of such study " 
"(B) Concurrent with each survey, the Center.shall conduct 
longitudinal studies of freshman and graduating students 
concerning access, choice, persistence progress, curriculum and 
attainment. Such studies shall evaluate such students at 3 
points over a 6-year interval.", 
(j) DECENNIAL ANALYSIS OF SCHOOL DISTRICTS.—Section 406(g) of 
the Act is amended by adding after paragraph (5) (as added by 
subsection (i)) the following new paragraph: 
Reports. 
"(6) On April 1, 1993, and every 10 years thereafter, the 
Center shall submit a report to the appropriate committees of 
the Congress concerning the social and economic status of 
children who reside in the areas served by different local edu-
cational agencies. Such report shall be based on data collected 
during the most recent decennial census.", 
(k) NATIONAL LONGITUDINAL SURVEY.—Section 406(g) of the Act is 
amended by adding after paragraph (6) (as added by subsection (j)) 
the following new paragraphs: 
"(7) The Center shall conduct a study of a statistically rel-
evant sample of students enrolled in elementary and secondary 
school and postsecondary education training concerning edu-
cational progress, intellectual development, and economic 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 335 
prosperity. The study shall collect data on participation in 
higher education, including enrollment, persistence, and attain-
ment. Such study shall evaluate such students by such criteria 
at 2-year intervals. As of February 1, 1989, and every 8 years 
thereafter, the Commissioner shall select a sample of students 
enrolled in school for this study. 
"(8) The Center with the assistance of State library agencies, 
shall develop and support a cooperative system of annual data 
collection for public libraries. Participation shall be voluntary; 
however, all States should be encouraged to join the system. 
Attention should be given to insuring timely, consistent and 
accurate reporting.". 
(1) SCHOOL REFORM EFFORTS STUDY.—Section 406(g) of the Act is 
amended by adding after paragraph (8) (as added by subsection (k)) 
the following new paragraph: 
"(9) The National Center for Education Statistics shall conduct a 
study on the effects of higher standards prompted by school reform 
efforts on student enrollment and persistence. The study shall 
examine academic achievement, and graduation rates of low-
income, handicapped, limited English proficient, and educationally 
disadvantaged students.". 
(m) CONFIDENTIAL TREATMENT OF DATA.—Section 406(d) of the Act 
is amended by adding after paragraph (3) the following new 
paragraph: 
"(4)(A) Except as provided in this section, no person may— 
"(i) use any individually identifiable information fur-
nished under the provisions of this section for any purpose 
other than statistical purposes for which it is supplied; 
"(ii) make any publication whereby the data furnished by 
any particular person under this section can be identified; 
or 
"(iii) permit anyone other than the individuals authorized 
by the Commissioner to examine the individual reports; or 
"(B) No department, bureau, agency, officer, or employee of 
the Government, except the Commissioner of Education Statis-
tics in carrying out the purposes of this section, shall require, 
for any re£ison, copies of reports which have been filed under 
this section with the Center for Education Statistics or retained 
by any individual respondent. Copies of such reports which have 
been so retained or filed with the Center or any of its employees 
or contractors or agents shall be immune from legal process, 
and shall not, without the consent of the individual concerned, 
be admitted as evidence or used for any purpose in any action, 
suit, or other judicial or administrative proceeding. This subsec-
tion shall only apply to individually identifiable data (as defined 
in subparagraph (E)). 
"(C) Whoever, being or having been an employee or staff 
member appointed under the authority of the Commissioner or 
in accordance with this section of the Act, having taken and 
subscribed the oath of office, or having sworn to observe the 
limitations imposed by subsection (a), knowingly publishes or 
communicates any individually identifiable information (as 
defined in subparagraph (E)), the disclosure of which is prohib-
ited under the provisions of subparagraph (A), and which comes 
into his or her possession by reason of employment (or other-
wise providing services) under the provisions of this section, 
Libraries. 
20 u s e 1221e-l. 
102 STAT. 336 
PUBLIC LAW 100-297—APR. 28, 1988 
shall be fined under title 18, United States Code, or imprisoned 
not more than 5 years, or both. 
"(D) The Commissioner may utilize temporary staff, including 
employees of Federal, State, or local agencies or instrumental-
ities including local education agencies, and employees of pri-
vate organizations to assist the Center in performing the work 
authorized by this section, but only if such temporary staff is 
sworn to observe the limitations imposed by this section. 
"(E) No collection of information or data acquisition activity 
undertaken by the Center shall be subject to any review, 
coordination or approval procedure except as required by the 
Director of the Office of Management and Budget under the 
rules and regulations established pursuant to chapter 35 of title 
44, United States Code. 
"(F) For the purposes of this section— 
"(i) the term 
'individually identifiable 
information' 
means any record, response form, completed survey or 
aggregation thereof from which information about individ-
ual students, teachers, administrators or other individual 
persons may be revealed; 
"(ii) the term 'report' means a response provided by or 
about an individual to an inquiry from the Center and does 
not include a statistical aggregation from which individ-
ually identifiable information cannot be revealed; and 
"(iii) as used in clause (i), the term 'persons' does not 
include States, local educational agencies, or schools.". 
20 use I22ie-i. 
(n) EDUCATION INFORMATION AND DATA.—Section 406 of the Act is 
amended— 
(1) in subsection (e)(1) by striking in the first sentence "of the 
Office"; 
(2) by redesignating subsection (h) as subjection (i); 
(3) by inserting after subsection (g) a new subsection (h): 
Establishment. 
"(h)(1) There is established within the Center a National Coopera-
tive Education Statistics System (hereafter referred to in this 
subsection as the 'System'). The purpose of the System is to produce 
and maintain, with the cooperation of the States, comparable and 
uniform educational information and data that are useful for policy-
making at the Federal, State, and local level. 
"(2) Each State that desires to participate in the system shall— 
"(A) first develop with the Center the information and data-
gathering requirements that are needed to report on the condi-
tion and progress of elementary and secondary education in the 
United States, such as information and data on— 
"(i) schools and school districts; 
"(ii) students and enrollments, including special popu-
lations; 
"(iii) the availability and use of school libraries and their 
resources; 
"(iv) teachers, librarians, and school administrators; 
"(v) the financing of elementary and secondary education; 
"(vi) student outcomes, including scores on standardized 
tests and other measures of educational achievement; and 
"(vii) the progress of education reform in the States and 
the Nation; and 
Contracts. 
"(B) then enter into an agreement with the Center for that 
fiscal year to comply with those information and data-gathering 
requirements. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 337 
"(3) To establish and maintain the system, the Commissioner— 
"(A) shall— 
"(i) provide technical assistance to the States regarding 
the collection, maintenance, and use of the System's data, 
including the timely dissemination of such data; and 
"(ii) to the extent possible, implement standard defini-
tions and data collection procedures; and 
"(B) may— 
"(i) directly, or through grants, cooperative agreements, 
or contracts, conduct research, development, demonstra-
tion, and evaluation activities that are related to the pur-
poses of the System; and 
"(ii) prescribe appropriate guidelines to ensure that the 
statistical activities of the States participating in the 
System produce data that are uniform, timely, and appro-
priately accessible."; 
(4) in subsection (f)— 
(A) by inserting "(1)" after "(f)"; and 
(B) by adding after paragraph (1) the following para-
graphs: 
"(2) The Commissioner may contract with States to carry out Contracts, 
subsection (h). Such contracts may not exceed the additional 
cost to the State— 
"(A) of meeting the information and data gathering 
requirements in compliance with such subsection; or 
"(B) for compliance with related efforts of the National 
Center for Education Statistics to achieve comparable and 
uniform data consistent with the purposes of this subsec-
tion.", 
(o) STATE TRAINING PROGRAM.—Section 406(b)(3) of the Act is 
20 use I22ie-i. 
amended by adding before the semicolon the following: "(and shall 
establish a special program to train employees of such State and 
local agencies in the use of the Center's standard statistical proce-
dures and concepts and may establish a fellows program to tempo-
rarily appoint such employees as fellows at the Center for the 
purpose of familiarization with the operations of the Center)", 
(p) AUTHORIZATION OF APPROPRIATIONS.— 
(1) Section 406(f)(1) of the Act (as so redesignated in subsection 
(m) of this section) is amended to read as follows: 
"(fKD There are authorized to be appropriated for the purposes of 
this section (including salaries and expenses) $42,323,000 for fiscal 
year 1989, and such sums as may be necessary for each of the fiscal 
years 1990,1991,1992, and 1993.". 
(2) Section 405(fKl) of the Act is amended by striking "and 
section 406 of this Act". 
20 USC I22le. 
(q) CONFORMING AMENDMENTS.—The heading of section 406 of the 
Act is amended to read as follows: 
"NATIONAL CENTER FOR EDUCATION STATISTICS". 
SEC. 3002. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 DATA. 
Section 405(eXlXA) of the General Education Provisions Act is 
amended by inserting before the semicolon ", including data on the 
performance in these areas of students served by chapter 1 of the 
Elementary and Secondary Education Act of 1965 and chapter 1 of 
the Education Consolidation and Improvement Act of 1981". 
102 STAT. 338 
PUBLIC LAW 100-297—APR. 28, 1988 
Fund for the 
PART B—FUND FOR THE IMPROVEMENT AND REFORM OF 
Improvement 
SCHOOLS AND TEACHING 
and Reform of 
Schools and 
Teaching Act. 
SEC. 3201. SHORT TITLE. 
note^ ^^^^ 
This part may be cited as the "Fund for the Improvement and 
Reform of Schools and Teaching Act". 
20 use 4801. 
SEC. 3202. ESTABLISHMENT OF FUND. 
There is established a Fund for the Improvement and Reform of 
Schools and Teaching. 
Subpart 1—Grants for Schools and Teachers 
20 use 4811. 
SEC. 3211. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND 
TEACHING. 
Contracts. 
(a) GENERAL AUTHORITY.—The Secretary is authorized to make 
grants to, and enter into contracts with, State educational agencies, 
local educational agencies, institutions of higher education, non-
profit organizations, individual schools, consortia of such schools, 
and consortia of such schools and institutions, to improve edu-
cational opportunities for and the performance of elementary and 
secondary school students and teachers by— 
(1) helping educationally disadvantaged or at risk children 
meet higher educational standards; 
(2) providing incentives for improved performance; 
(3) strengthening school leadership and teaching; 
(4) promoting closer ties among school teachers, administra-
tors, families and the local community; 
(5) providing opportunities for teacher enrichment and other 
means to improve the professional status of teachers; 
(6) encouraging projects that reallocate existing resources 
(both human and 
financial) 
to serve children better by 
refocusing priorities; 
(7) allowing local schools to establish closer ties with an 
institution of higher education to increase educational achieve-
ment; 
(8) incroEising the number and quality of minority teachers; 
(9) providing entry-year assistance to new teachers and 
administrators; 
(10) improving the teacher certification process, especially for 
schools, school districts, or States facing serious shortages; and 
(11) encouraging pride in schools by teaching students to be 
responsible for their school environment, involving students in 
the care and maintenance of their classrooms and promoting 
individual responsibility and involvement in civic activities. 
(b) PRIORITY RULE.—The Secretary shall give priority to proposed 
projects that— 
(1) will benefit students or schools with below average aca-
demic performance; 
(2) will lead to increased access of all students to a high 
quality education; and 
(3) develop or implement systems for providing incentives to 
schools, administrators, teachers, students, or others to make 
measurable progress toward specific goals of improved edu-
cational performance. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 339 
(c) ADMINISTRATIVE RULE.—The Secretary shall carry out the 
provisions of this part through the Board established under section 
3231. 
SEC. 3212. APPLICATIONS. 
20 USC 4812. 
(a) CONTENTS OF APPLICATIONS.—(IXA) For grants described under 
this subpart, each applicant shall, if relevant, describe how the 
program relates to the priorities listed in section 3211(b). Where 
appropriate, proposals shall contain a description of the incentive 
system described in section 3211(b)(3), including specific goals and 
timetables for progress toward such goals. 
(B) For the purpose of this section, incentives may include finan-
cial rewards, regulatory waivers, open enrollment among schools, 
grants to schools for innovative projects, or other rewards for meet-
ing specific goals. 
(C) For the purpose of this section, the goals described in subpara-
graph (A) may include increased graduation rates, reduced dropout 
rates, increased attendance rates, increased student achievement, 
reduced rates of incidents of juvenile delinquency or vandalism, or 
other goals of educational improvement. 
(2)(A) Each teacher and administrator desiring to receive a grant 
at the school level shall submit an application for school level 
projects involving an individual school or a consortium of schools. 
Each application shall contain assurances that the project will be 
carried out under the responsibility of a full-time teacher or school 
administrator. 
(B) Each such application shall be reviewed by the appropriate 
local educational agency. The local educational agency shall act as 
the fiscal agent in administering the school's grant to the school, but 
funds must be expended at the school level. 
(b) STATE EDUCATIONAL AGENCY REVIEW.—Each application for a 
grant under this subpart (other than an application from a State 
educational agency) shall be forwarded to the appropriate State 
educational agency for review and comment, if the State educational 
agency requests the opportunity for review. The State educational 
agency must complete its review of the application and comment to 
the Secretary within 30 calendar days of receipt. 
(c) SPECIAL EVALUATION RULE.—In evaluating an application for a 
grant or contract under this subpart, the Secretary shall consider 
the extent to which the proposed project is likely to improve teach-
ing and learning at the school level. 
Subpart 2—Family-School Partnership 
SEC. 3221. FINDINGS A N D PURPOSE. 
20 USC 4821. 
(a) FINDINGS.—The Congress finds that— 
(1) it has been clearly demonstrated that parent involvement 
is directly related to better student achievement, attitudes, and 
performance in school; 
(2) demographics of the American family are changing to the 
degree that significant numbers of children attending school 
come from families with single parents, families in which both 
parents are employed outside the home, or where the primary 
caregiver is not the biological parent; 
(3) the demographics mean that current approaches to devel-
oping and maintaining partnerships with educators in compen-
satory education programs require review and modification to 
102 STAT. 340 
PUBLIC LAW 100-297—APR. 28, 1988 
make them more responsive to the needs of both families and 
schools; and 
(4) effective approaches to more fully involving families as 
partners in their children's education should be encouraged as a 
matter of Federal policy, 
(b) PURPOSE.—The purpose of this subpart is to encourage eligible 
local educational agencies to increase the involvement of families in 
the improvement of the educational achievement of their children 
in the preschool, elementary, and secondary schools within such 
agency. 
20 use 4822. 
SEC. 3222. ELIGIBLE AGENCY. 
In order to be eligible to receive a grant under this subpart, a local 
educational agency must be eligible to receive a grant under section 
1005 of the Elementary and Secondary Education Act of 1965. 
Grants. 
SEC. 3223. PROGRAM AUTHORIZED. 
20 use 4823 
(a) GENERAL AUTHORITY.—The Secretary, through the Fund, is 
authorized to make demonstration grants to eligible local edu-
cational agencies for the development of innovative, promising 
family-school educational partnership activities designed to— 
(1) support the efforts of families, including training, to the 
maximum extent practicable, to work with children in the home 
to attain both the instructional objectives of the schools within 
eligible local educational agencies and instill positive attitudes 
about the importance of education; 
(2) train teachers and other staff personnel involved in the 
program supported under chapter 1 of title I of the Elementary 
and Secondary Education Act of 1965 to work effectively as 
educational partners with the families of participating students; 
(3) train families, teachers and other staff personnel in the 
schools within such agency to build an educational partnership 
between home and school; and 
(4) evaluate how well family involvement activities of the 
schools within such agency are working, what barriers exist to 
greater participation, and what steps need to be taken to 
expand participation in such family involvement activities. 
0?) USES OF FUNDS.—The activities and procedures for which 
grants may be made under this subpart may include— 
(1) training programs for the family on the family's edu-
cational responsibilities and reasonable and necessary expendi-
tures associated with the attendance of parents or guardians at 
training sessions; 
(2) planning and development of new school procedures and 
practices to meet the changing demographic characteristics of 
the families of school-age children; 
(3) planning and development of modifications of school proce-
dures and practices necessary for the involvement of parents of 
special groups, including minorities, disadvantaged, gifted and 
talented, and students with handicaps; 
(4) hiring, training, and use of educational personnel in eli-
gible local educational agencies to coordinate family involve-
ment activities and to foster communications among families, 
educators, and students; 
(5) development and purchase by a local educational agency of 
educational materials where such materials are commercially 
unavailable to reinforce school learning at home and assistance 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 341 
in implementing other home-based education activities that 
reinforce and extend classroom instruction and student motiva-
tion; and 
(6) securing technical assistance, including training, to design 
and carry out family involvement programs. 
(c) PRIVATE SCHOOL STUDENTS.—An application may, consistent 
with the number of children enrolled in private elementary and 
secondary schools located in the school district of an eligible edu-
cational agency, provide for the participation of such children, their 
families and teachers. 
Subpart 3—Administrative Provisions 
SEC. 3231, BOARD AUTHORIZED. 
20 USC 4831. 
(a) FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND 
TEACHING BOARD ESTABLISHED.—(1) There is established the Fund 
Board. 
(2)(A) The Board shall— 
(i) advise the Secretary concerning developments in education 
that merit the attention of the Secretary; 
(ii) identify promising initiatives to be supported under this 
part; and 
(iii) advise the Secretary and the Director of the Fund on the 
selection of projects under consideration for support, planning 
documents, guidelines, and procedures for grant competitions 
carried out by the Fund. 
(B) The Secretary shall provide such information and assistance as 
may be necessary to enable the Board to carry out its functions 
under this part. 
(3)(A) The Board shall be composed of 15 members and the Sec-
retary. Appointed members of the Board shall be appointed from 
among individuals who have extensive backgrounds in the field of 
education and shall represent a broad range of viewpoints and 
experience. 
(B)(i) The term of office of each member of the Board shall be 3 
years, except that, subject to the provisions of paragraphs (4) and (5), 
the members first taking office shall serve as designated by the 
Secretary, one-third of the members for terms of 1 year, one-third of 
the members for terms of 2 years, and one-third of the members for 
terms of 3 years; 
(ii) Any member appointed to fill a vacancy shall serve for the 
remainder of the term for which the predecessor of such member 
was appointed. No Board member may serve more than 2 consecu-
tive terms. 
(4) The initial membership of the Board shall be appointed by the 
Secretary after consultation with appropriate educational organiza-
tions and other interest groups. 
(5) As vacancies occur, new members of the Board shall be ap-
pointed by the Secretary from among individuals who are nomi-
nated by the Board. The Board shall nominate at least 3 individuals 
for each vacancy. 
(6) The Board shall elect a chairman and vice-chairman from 
among its membership. 
(7) The Board shall meet at least 3 times each year. A meeting 
shall also be held whenever one-third of the Board members request 
102 STAT. 342 
PUBLIC LAW 100-297—APR. 28, 1988 
in writing that a meeting be held. A majority of the Board shall 
constitute a quorum. 
(b) DIRECTOR OF THE FUND.—(1) The Secretary shall appoint a 
Director of the Fund to serve a 4-year term. No individual may serve 
as Director for more than 8 years. 
(2) The Director shall advise the Board about developments in 
education that merit the attention of the Board, identify promising 
initiatives, coordinate the work of the Fund with the work of the 
Fund for the Improvement of Postsecondary Education, and provide 
such information and assistance as may be necessary to enable the 
Board to carry out its functions. The Director may offer comments 
to the Board on any application to the Fund. 
(3) The Director shall— 
(A) consult with the Board on priorities for the improvement 
of education, 
(B) design grant competitions, 
(C) solicit proposals, 
(D) administer grant competitions, 
(E) review and prioritize proposals, 
(F) monitor funded projects, and 
(G) disseminate the results of successful projects. 
(c) PRIORITIES RULE.—In January of every calendar year, the 
Board shall advise the Secretary and the Congress of the priorities 
of the Board for the improvement of education and the implications 
of the priorities for the Fund. The Secretary shall give careful 
Reports. 
consideration to the priorities set forth by the Board. By December 
31 of each calendar year, the Director shall provide the Congress 
with a report for that year summarizing the projects funded for that 
year. 
(d) REVIEW AND EVALUATION PROCEDURES.—The Director shall 
establish procedures for reviewing and evaluating grants and con-
tracts made or entered into under this part. The procedures estab-
lished under this subsection for reviewing grant applications or 
contracts for financial assistance under this Act may not be subject 
to any review outside of officials responsible for the administration 
of the Fund. 
(e) PROPOSAL REVIEW.—In reviewing proposals, the Director shall 
consider the need for the proposed project and its plan of operation, 
educational value, budget and cost effectiveness, plan for evaluation, 
proposed impact, expected outcomes, potential transferability to 
other settings, and other factors as appropriate with respect to the 
goals and priorities of the Fund. The Secretary shall also consider, 
to the extent practicable, the geographic distribution of the projects 
Grants. 
selected for funding. The Secretary shall take appropriate steps to 
ensure that new applicants are encouraged to participate in any 
grant competition sponsored by the Fund for the Improvement and 
Reform of Schools and Teaching. 
(f) PERSONNEL.—The Secretary may appoint for terms not to 
exceed 3 years, without regard to the provisions of title 5 of the 
United States Code governing appointments in the competitive serv-
ice, not more than 7 technical employees to administer this part who 
may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 343 
SEC. 3232. DISSEMINATION AND REPORTING. 
20 USC 4832. 
(a) EXEMPLARY PROJECTS.—The Secretary shall take appropriate 
steps to ensure that exemplary projects that are developed with 
assistance furnished under this part are made available to institu-
tions of higher education and State and local educational agencies. 
In carrying out this paragraph the Secretary and Director shall 
ensure that exemplary projects apply to the National Diffusion 
Network for dissemination through the procedures established by 
that program. 
(b) REPORT.—The Secretary shall submit a final report to Congress 
not later than June 1, 1990. The report shall describe the programs 
assisted by this part, document the success of such programs in 
improving education, and make such recommendations as the Sec-
retary deems appropriate. 
(c) REPORT FOR CONTINUED FUNDING RULE.—As a condition to 
continue to receive funding after the first year of a multi-year 
project, the project administrator shall submit an annual report to 
describe the activities conducted during the preceding year and the 
progress that has been made toward reaching the goals described in 
its application, if applicable. 
SEC. 3233. COORDINATION WITH THE FUND FOR THE IMPROVEMENT OF 
20 USC 4833. 
POSTSECONDARY EDUCATION. 
In order to facilitate coordination between the Fund and the Fund 
for the Improvement of Postsecondary Education, the Director of 
the Fund shall meet regularly with the Director of the Fund for the 
Improvement of Postsecondary Education. The Board of the Fund 
shall meet at least once each year with the Board of the Fund for 
the Improvement of Postsecondary Education to discuss priorities 
and projects to be funded. 
Subpart 4—General Provisions 
SEC. 3241. SPECIAL GRANT RULES. 
20 USC 4841. 
(a) GRANT CONDITIONS.—(1) Federal funds paid under this part 
shall supplement, not supplant, other resources available to the 
grantee. 
(2) Financial assistance made under this part is not intended to be 
used for the acquisition of capital equipment as a primary purpose. 
(b) DISTRIBUTION OF FUNDS.—(1) At least 25 percent of the funds 
appropriated for the Fund in any fiscal year shall be used for grants 
to applicants described in section 3212(a)(2XA). 
(2) Grants to a single school as described in section 3212(a)(2XA) 
may not be less than $5,000 nor more than $125,000 in any fiscal 
year. 
(3) No grant may be made for more than a 3-year period. 
SEC. 3242. AUTHORIZATION OF APPROPRIATIONS. 
20 USC 4842. 
(a) AUTHORIZATIONS.—There are authorized to be appropriated to 
carry out the provisions of this part $30,000,000 for fiscal year 1989 
and such sums as may be necessary for fiscal years 1990, 1991, 1992, 
and 1993. 
O
b
) RESERVATIONS.— 
(1) The Secretary shall reserve one-third of the funds appro-
priated for activities under subpart 2 of this part. 
(2) The Secretary shall reserve $150,000 from funds appro-
priated for activities authorized by section 3232. 
102 STAT. 344 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 4843. 
National 
Assessment of 
Educational 
Progress 
Improvement 
Act. 
20 use 1221 
note. 
20 use 1221e-l 
note. 
20 u s e 1221e-l. 
Grants, 
eontracts. 
SEC. 3243. DEFINITIONS. 
For the purpose of this part— 
(1) the term "at risk" means students who, because of learn-
ing deficiencies, lack of school readiness, limited English pro-
ficiency, poverty, educational or economic disadvantage, or 
physical or emotional handicapping conditions face greater risk 
of low educational achievement and have greater potential of 
becoming school dropouts; 
(2) the term "Board" means the Fund Board established 
under section 3231; 
(3) the term "Fund" means the Fund for the Improvement 
and Reform of Schools and Teaching established under section 
3202; and 
(4) the term "Secretary" means the Secretary of Education. 
PART C—NATIONAL ASSESSMENT OF EDUCATIONAL 
PROGRESS 
SEC. 3401. SHORT TITLE. 
This part may be cited as the "National Assessment of Edu-
cational Progress Improvement Act". 
SEC. 3402. STATEMENT OF PURPOSE. 
The purpose of this part is to improve the effectiveness of our 
Nation s schools by making objective information about student 
performance in selected learning areas available to policymakers at 
the national, regional. State, and local levels. To enhance its utility, 
such information shall be both representative and comparable and 
shall be maintained in a manner that ensures the privacy of individ-
ual students and their families. It is not the purpose of this Act to 
authorize the collection or reporting of information on student 
attitudes or beliefs or on other matters that are not germane to 
the acquisition and analysis of information about academic achieve-
ment. 
SEC. 3403. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS. 
(a) GENERAL AUTHORITY.—Section 406 of the General Education 
Provisions Act (hereafter in this part referred to as "the Act" and as 
amended by section 3001 of this title) is amended by redesignating 
subsection (i) as subsection (j) and by inserting after subsection (h) 
the following: 
"(iXD With the advice of the National Assessment Governing 
Board established by paragraph (5XaXi), the Commissioner shall 
carry out, by grants, contracts, or cooperative agreements with 
qualified organizations, or consortia thereof, a National Assessment 
of Educational Progress. The National Assessment of Educational 
Progress shall be placed in the National Center for Education 
Statistics and shall report directly to the Commissioner for Edu-
cational Statistics. The purpose of the National Assessment is the 
assessment of the performance of children and adults in the basic 
skills of reading, mathematics, science, writing, history/geography 
and other areas selected by the Board. 
"(2XA) The National Assessment shall provide a fair and accurate 
presentation of educational achievement in skills, abilities, and 
knowledge in reading, writing, mathematics, science, history/geog-
raphy, and other areas specified by the Board, and shsdl use sam-
pling techniques that produce data that are representative on a 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 345 
national and regional basis and on a State basis pursuant to sub-
paragraphs (C)(i) and (C)(ii). In addition, the National Assessment Reports, 
shall— 
"(i) collect and report data on a periodic basis, at least once 
every 2 years for reading and mathematics; at least once every 4 
years for writing and science; and at least once every 6 years for 
history/geography and other subject areas selected by the 
Board; 
"(ii) collect and report data every 2 years on students at ages 
9,13, and 17 and in grades 4, 8, and 12; 
"(iii) report achievement data on a basis that ensures valid 
reliable trend reporting; 
"(iv) include information on special groups. 
"(B) In carrying out the provisions of subparagraph (A), the 
Secretary and the Board appointed under paragraph (5) shall assure 
that at least 1 of the subject matters in each of the 4 and 6 year 
cycles described in subparagraph (AXi) will be included in each 2 
year cycle Assessment. 
"(CXi) The National Assessment shall develop a trial mathematics 
assessment survey instrument for the eighth grade and shall con-
duct a demonstration of the instrument in 1990 in States which wish 
to participate, with the purpose of determining whether such an 
assessment yields valid, reliable State representative data. 
"(ii) The National Assessment shall conduct a trial mathematics 
assessment for the fourth and eighth grades in 1992 and, pursuant 
to subparagraph (6XD), shall develop a trial reading assessment to 
be administered in 1992 for the fourth grade in States which wish to 
participate, with the purpose of determining whether such an 
assessment yields valid, reliable State representative data. 
"(iii) The National Assessment shall ensure that a representative 
sample of students participate in such assessments. 
"(iv) No State may agree to participate in the demonstration 
described in this subsection without full knowledge of the process for 
consensus decisionmaking on objectives to be tested, required in 
paragraph (6XE), and of assessment demonstration standards for 
sampling, test administration, test security, data collection, valida-
tion and reporting. States wishing to participate shall sign an 
Contracts, 
agreement developed by the Commissioner. A participating State 
shall review and give permission for release of results from any test 
of its students administered as a part of this demonstration prior to 
the release of such data. Refusal by a State to release its data shall 
not restrict the reporting of data from other States that have 
approved the release of such data. 
"(v) The Commissioner shall provide for an independent evalua- Reports, 
tion conducted by a nationally recognized organization (such as the 
National Academy of Sciences or the National Academy of Edu-
cation) of the pilot programs to assess the feasibility and validity of 
assessments and the fairness and accuracy of the data they produce. 
The report shall also describe the technical problems encountered 
and a description about what was learned about how to best report 
data from the National Assessment of Educational Progress. The 
results of this report will be provided to the Congress and to States 
which participated in assessments pursuant to paragraph (C) (i) and 
(ii) within 18 months of the time such assessments were conducted. 
"(DXi) The National Assessment shall have the authority to de-
velop and conduct, upon the direction of the Board and subject to 
the availability of appropriations, assessments of adult literacy. 
102 STAT. 346 
PUBLIC LAW 100-297—APR. 28, 1988 
Public 
information. 
Classified 
information. 
Establishment. 
"(3XA) The National Assessment shall not collect any data that 
are not directly related to the appraisal of educational performance, 
achievements, and traditional demographic reporting variables, or 
to the fair and accurate presentation of such information. 
"(B) The National Assessment shall provide technical eissistance 
to States, localities, and other parties that desire to participate in 
the assessment to yield additional information described in para-
graph (2). 
"(4XA) Except as provided in subparagraph (B), the public shall 
have access to all data, questions, and test instruments of the 
National Assessment. 
"(B)(i) The Commissioner shall ensure that all personally identifi-
able information about students, their educational performance, and 
their families and that information with respect to individual 
schools remain confidential, in accordance with section 552a of title 
5, United States Code. 
"(ii) Notwithstanding any other provision of the law, the Sec-
retary may decline to make available to the public for a period not 
to exceed 10 years following their initial use cognitive questions that 
the Secretary intends to reuse in the future. 
"(C) The use of National Assessment test items and test data 
employed in the pilot program authorized in subsection (2XC) to 
rank, compare, or otherwise evaluate individual students, schools, or 
school districts is prohibited. 
"(5XAXi) There is established the National Assessment Governing 
Board (hereafter in this section referred to as the 'Board'). 
"(ii) The Board shall formulate the policy guidelines for the 
National Assessment. 
"(B) The Board shall be appointed by the Secretary in accordance 
with this subparagraph and subparagraphs (C), (D), and (E). The 
Board shall be composed of— 
"(i) two Governors, or former Governors, who shall not be 
members of the same political party; 
"(ii) two State legislators, who shall not be members of the 
same political party; 
"(iii) two chief State school officers; 
"(iv) one superintendent of a local educational agency; 
"(v) one member of a State board of education; 
"(vi) one member of a local board of education; 
"(vii) three classroom teachers representing the grade levels 
at which the National Assessment is conducted; 
"(viii) one representative of business or industry; 
"(ix) two curriculum specialists; 
"(x) two testing and measurement experts; 
"(xi) one nonpublic school administrator or policymaker; 
"(xii) two school principals, one elementary and one second-
ary; 
"(xiii) three additional members who are representatives of 
the general public, including parents. 
The Assistant Secretary for Educational Research and Improvement 
shall serve as an ex officio member of the Board as a nonvoting 
member. 
"(CXi) The Secretary and the Board shall ensure at all times that 
the membership of the Board reflects regional, racial, gender and 
cultural balance and diversity and that it exercises its independent 
judgment, free from inappropriate influences and special interests. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 347 
"(ii) In the exercise of its functions, powers, and duties, the Board 
shall hire its own staff and shall be independent of the Secretary 
and the other offices and officers of the Department of Education, 
"(iii) The Secretary may appoint, at the direction of the Board, for 
terms not to exceed 3 years, without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, not more than 6 technical employees to administer this 
subsection who may be paid without regard to the provisions of 
chapter 51 and subchapter III of chapter 53 of such title relating to 
classification and General Schedule pay rates. 
"(D)(i) The members of the Assessment Policy Committee, serving 
on the date of enactment of the National Assessment of Educational 
Progress Improvement Act, shall become members of the Board for 
the remainder of the terms of the appointment to the Assessment 
Policy Committee. 
"(ii) To complete the initial membership of the Board, the Sec-
retary shall appoint members of the Board as necessary in the 
categories described in subparagraph (B) for which there are no 
members continuing from the Assessment Policy Committee on the 
date of enactment of the National Assessment of Educational 
Progress Improvement Act. The Secretary shall appoint such mem-
bers from among nominees furnished by the Governors, chief State 
school officers, education associations and organizations, the Na-
tional Academy of Sciences, the National Academy of Education, 
parent organizations, and learned societies. 
"(iii) As vacancies occur, new members of the Board shall be 
appointed by the Secretary from among individuals who are nomi-
nated by the Board after consultation with representatives of the 
groups listed in subparagraph (B). For each vacancy the Board shall 
nominate at least 3 individuals who, by reason of experience or 
training, are qualified in that particular Board vacancy. 
"(E) Members of the Board appointed in accordance with this 
paragraph shall serve for terms not to exceed 4 years which shall be 
staggered, as determined by the Secretary, subject to the provisions 
of subparagraph (D)(i). Any appointed member of the Board who 
changes status under subparagraph (B) during the term of the 
appointment of the member may continue to serve as a member 
until the expiration of that term. 
"(6)(A) In carrying out its functions under this subsection, the 
Board shall be responsible for— 
"(i) selecting subject areas to be assessed (consistent with 
paragraph (2)(A)); 
"(ii) identifying appropriate achievement goals for each age 
and grade in each subject area to be tested under the National 
Assessment; 
"(iii) developing assessment objectives; 
"(iv) developing test specifications; 
"(v) designing the methodology of the assessment; 
"(vi) developing guidelines and standards for analysis plans 
and for reporting and disseminating results; 
"(vii) developing standards and procedures for interstate, re-
gional and national comparisons; and 
"(viii) taking appropriate actions needed to improve the form 
and use of the National Assessment. 
"(B) The Board may delegate any functions described in subpara-
graph (A) to its staff. 
19-194 O—91—Part 1 
13 : OL 3 
102 STAT. 348 
PUBLIC LAW 100-297—APR. 28, 1988 
Reports. 
Contracts. 
Reports. 
"(C) The Board shall have final authority on the appropriateness 
of cognitive items. 
"(D) The Board shall take steps to ensure that all items selected 
for use in the National Assessment are free from racial, cultural, 
gender, or regional bias. 
"(E) Each learning area assessment shall have goal statements 
devised through a national consensus approach, providing for active 
participation of teachers, curriculum specialists, local school 
administrators, parents and concerned members of the general 
public. 
"(F) The Secretary shall report to the Board at regular intervals of 
the Department's action to implement the decisions of the Board. 
"(G) Any activity of the Board or of the organization described in 
paragraph (1), shall be subject to the provisions of this subsection. 
"(7XA) Not to exceed 10 percent of the funds available for this 
subsection may be used for administrative expenses (including staff, 
consultants and contracts authorized by the Board) and to carry out 
the functions described in paragraph (6)(A). 
"(B) For the purposes of its administrative functions, the Board 
shall have the authorities authorized by the Federal Advisory 
Committee Act and shall be subject to the open meeting provisions 
of that law. 
"(8)(A) Participation in the National and Regional Assessments by 
State and local educational agencies shall be voluntary. 
"(B) Participation in assessments made on a State basis shall be 
voluntary. The Secretary shall enter into an agreement with any 
State which desires to carry out an assessment for the State under 
this subsection. Each such agreement shall contain provisions 
designed to assure— 
"(i) that the State will participate in the assessment; 
"(ii) that the State will pay from non-Federal sources the non-
Federal share of participation; and 
"(iii) that the State agrees with the terms and conditions 
specified in subsection (a)(2)(C)(iv). 
"(CXi) For each fiscal year, the non-Federal share for the purpose 
of clause (ii) of subparagraph (B) shall be the cost of conducting the 
assessment in the State including the cost of administering the 
assessment at the school level for all schools in the State sample and 
the cost of coordination within the>6tate. 
"(ii) The non-Federal share of payments under this paragraph 
may be in cash or in kind. 
"(9XA) The Commissioner shall provide for continuing reviews of 
the National Assessment, including validation studies by the Na-
tional Center for Education Statistics and solicitation of public 
comment on the conduct and usefulness of the National Assessment. 
The Secretary shall report to the Congress, the President, and the 
Nation on the findings and recommendations of such reviews. The 
Commissioner shall consider the findings and recommendations in 
designing the competition to select the organization through which 
the Office carries out the National Assessment. 
"(B) The Commissioner shall, not later than 6 months after the 
date of enactment of the National Assessment of Educational 
Progress Improvement Act, publish a report setting forth plans for 
the collection of data for the 1990 assessment and plans for includ-
ing other subject areas in the 1992 and later assessments. The report 
shall include methods by which the results of the National Assess-
ment of Educational Progress may be reported so that the results 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 349 
are more readily available and more easily understood by educators, 
policymakers, and the general public, and methods by which items 
will be reviewed to identify and exclude items which reflect racial, 
cultural, gender, or regional bias. The report shall be developed 
after consultation with educators. State education officials, mem-
bers of the Board appointed under paragraph (5), and the general 
public. 
"(C) The report required by this paragraph shall be submitted to Public 
the Congress and made available to the public. The appropriate 
information, 
authorizing committees of the Congress may request the Secretary 
to modify the plan contained in the report. The Secretary shall take 
such actions as may be appropriate to carry out the recommenda-
tions contained in the report.". 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 405 of the Act is 20 use I22ie. 
amended by striking out subsection (e) and by redesignating subsec-
tions (f) and (g) as subsections (e) and (f), respectively. 
(c) 
RESERVATION 
OF 
FUNDS 
FOR ASSESSMENTS.—(1) Section 
405(fKl)(D) of the Act (as redesignated by subsection (bXD) is 
amended to read as follows: 
"(D) Not less than $9,500,000 for the fiscal year 1989, and such 
sums as may be necessary for each of the fiscal years 1990 
through 1993, shall be available to carry out section 406(i) of 
this Act (relating to the National Assessment of Education 
Progress);". 
(2) Section 405(fKlXE) of the Act (as redesignated by subsection 
(a)(1)) is amended by inserting a comma and "except for subsection 
(i) of that section," immediately after "Act". 
PART D—GENERAL EDUCATION PROVISIONS ACT 
SEC. 3501. ENFORCEMENT UNDER THE GENERAL EDUCATION PROVI-
SIONS ACT. 
(a) AMENDMENT TO PART E OF GEPA.—Part E of the General 
Education Provisions Act is amended to read as follows: 
"PART E—ENFORCEMENT 
"SEC. 451. OFFICE OF ADMINISTRATIVE LAW JUDGES. 
"(a) The Secretary shall establish in the Department of Education 
an Office of Administrative Law Judges (hereinafter in this part 
referred to £is the 'Office') which shall conduct— 
"(1) recovery of funds hearings pursuant to section 452 of this 
Act, 
"(2) withholding hearings pursuant to section 455 of this Act, 
"(3) cease and desist hearings pursuant to section 456 of this 
Act, and 
"(4) other proceedings designated by the Secretary. 
"(b) The administrative law judges (hereinafter 'judges') of the 
Office shgdl be appointed by the Secretary in accordance with 
section 3105 of title 5, United States Code. 
"(c) The judges shall be officers or employees of the Department. 
The judges shall meet the requirements imposed for administrative 
law judges pursuant to section 3105 of title 5, United States ( ^ e . In 
choosing among equally qualified candidates for such positions the 
Secretary shall give favorable consideration to the candidates' 
experience in State or local educational agencies and their knowl-
Establishment. 
20 use 1234. 
102 STAT. 350 
PUBLIC LAW 100-297—APR. 28, 1988 
Regulations. 
20 u s e 1234a. 
Grants. 
Contracts. 
edge of the workings of Federal education programs in such agen-
cies. The Secretary shall designate one of the judges of the Office to 
be the chief judge. 
"(d) For the purposes of conducting hearings described in subsec-
tion (a), the chief judge shall assign a judge to each case or class of 
cases. A judge shall be disqualified in any case in which the judge 
has a substantial interest, has been of counsel, is or has been a 
material witness, or is so related to or connected with any party or 
the party's attorney as to make it improper for the judge to be 
assigned to the case. 
"(e) The judge shall review and may require that evidence be 
taken on the sufficiency of the preliminary departmental deter-
mination as set forth in section 452. 
"(f)(1) The proceedings of the Office shall be conducted according 
to such rules as the Secretary shall prescribe by regulation in 
conformance with the rules relating to hearings in title 5, United 
States Code, sections 554, 556, and 557. 
"(2) The provisions of title 5, United States Code, section 504, 
relating to costs and fees of parties, shall apply to the proceedings 
before the Department. 
"(g)(1) In order to secure a fair, expeditious, and economical 
resolution of cases and where the judge determines that the discov-
ered information is likely to elicit relevant information with respect 
to an issue in the case, is not sought primarily for the purposes of 
delay or harassment, and would serve the ends of justice, the judge 
may order a party to— 
"(A) produce relevant documents; 
"(B) answer written interrogatories that inquire into relevant 
matters; and 
"(C) have depositions taken. 
The judge shall set a time limit of 90 days on the discovery period. 
The judge may extend this period for good cause shown. At the 
request of any party, the judge may establish a specific schedule for 
the conduct of discovery. 
"(2) In order to carry out the provisions of subsections (f)(1) and 
(g)(1), the judge is authorized to issue subpoenas and apply to the 
appropriate court of the United States for enforcement of a sub-
poena. The court may enforce the subpoena as if it pertained to a 
proceeding before that court. 
"(h) The Secretary shall establish a process for the voluntary 
mediation of disputes pending before the Office. The mediator shall 
be agreed to by all parties involved in mediation and shall be 
independent of the parties to the dispute. In the mediation of 
disputes the Secretary shall consider mitigating circumstances and 
proportion of harm pursuant to section 453. In accordance with rule 
408 of the Federal Rules of Evidence, evidence of conduct or state-
ments made in compromise negotiations shall not be admissible in 
proceedings before the Office. Mediation shall be limited to 120 days, 
except that the mediator may grant extensions of such period. 
"(i) The Secretary shall employ, assign, or transfer sufficient 
professional personnel, including judges of the Office, to ensure that 
all matters brought before the Office may be dealt with in a timely 
manner. 
"SEC. 452. RECOVERY OF FUNDS. 
"(aXD Whenever the Secretary determines that a recipient of a 
grant or cooperative agreement under an applicable program must 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 351 
return funds because the recipient has made an expenditure of 
funds that is not allowable under that grant or cooperative agree-
ment, or has otherwise failed to discharge its obligation to account 
properly for funds under the grant or cooperative agreement, the 
Secretary shall give the recipient written notice of a preliminary 
departmental decision and notify the recipient of its right to have 
that decision reviewed by the Office and of its right to request 
mediation. 
"(2) In a preliminary departmental decision, the Secretary shall 
have the burden of stating a prima facie case for the recovery of 
funds. The facts to serve as the basis of the preliminary depart-
mental decision may come from an audit report, an investigative 
report, a monitoring report, or other evidence. The amount of funds 
to be recovered shall be determined on the basis of section 453. 
"(3) For the purpose of paragraph (2), failure by a recipient to 
maintain record required by law, or to allow the Secretary access to 
such records, shall constitute a prima facie case. 
"(b)(1) A recipient that has received written notice of a prelimi-
nary departmental decision and that desires to have such decision 
reviewed by the Office shall submit to the Office an application for 
review not later than 30 days after receipt of notice of the prelimi-
nary departmental decision. The application shall be in the form 
and contain the information specified by the Office. As expeditiously 
as possible, the Office shall return to the Secretary for such action 
as the Secretary considers appropriate any preliminary depart-
mental decision which the Office determines does not meet the 
requirements of subsection (aX2). 
"(2) In cases where the preliminary departmental decision re-
quests a recovery of funds from a State recipient, that State recipi-
ent may not recover funds from an affected local educational agency 
unless that State recipient has— 
"(A) transmitted a copy of the preliminary departmental 
decision to any affected subrecipient within 10 days of the date 
that the State recipient in a State administered program 
received such written notice; and 
"(B) consulted with each affected subrecipient to determine 
whether the State recipient should submit an application for 
review under paragraph (1). 
"(3) In any proceeding before the Office under this section, the 
burden shall be upon the recipient to demonstrate that it should not 
be required to return the amount of funds for which recovery is 
sought in the preliminary departmental decision under subsection 
(a). 
"(c) A hearing shall be set 90 days after receipt of a request for 
review of a preliminary departmental decision by the Office, except 
that such 90-day requirement may be waived at the discretion of the 
judge for good cause. 
"(d) Upon review of a decision of the Office by the Secretary, the 
findings of fact by the Office, if supported by substantial evidence, 
shall be conclusive. However, the Secretary, for good cause shown, 
may remand the case to the Office to take further evidence, and the 
Office may thereupon make new or modified findings of fact and 
may modify its previous action. Such new or modified findings of 
fact shall likewise be conclusive if supported by substantial 
evidence. 
102 STAT. 352 
PUBLIC LAW 100-297—APR. 28, 1988 
Federal 
Register, 
publication. 
Federal 
Register, 
publication. 
"(e) Parties to the proceeding shall have 30 days to file a petition 
for review of a decision of the administrative law judges with the 
Office of the Secretary. 
"(f)(1) If a recipient submits a timely application for review of a 
preliminary departmental decision, the Secretary shall take no 
collection action until the decision of the Office upholding the 
preliminary Department decision in whole or in part becomes final 
agency action under subsection (g). 
"(2) If a recipient files a timely petition for judicial review under 
section 458, the Secretary shall take no collection action until 
judicial review is completed. 
"(3) The filing of an application for review under paragraph (1) or 
a petition for judicial review under paragraph (2) shall not affect the 
authority of the Secretary to take any other adverse action under 
this part against the recipient. 
"(g) A decision of the Office regarding the review of a preliminary 
departmental decision shall become final agency action 60 days after 
the recipient receives written notice of the decision unless the 
Secretary either— 
"(1) modifies or sets aside the decision, in whole or in part, in 
which case the decision of the Secretary shall become final 
agency action when the recipient receives written notice of the 
Secretary's action, or 
"(2) remands the decision to the Office. 
"(h) The Secretary shall publish decisions that have become final 
agency action under subsection (g) in the Federal Register or in 
another appropriate publication within 60 days. 
"(i) The amount of a preliminary departmental decision under 
subsection (a) for which review has not been requested in accordance 
with subsection (b), and the amount sustained by a decision of the 
Office or the Secretary which becomes final agency action under 
subsection (g), may be collected by the Secretary in accordance with 
chapter 37 of title 31, United States Code. 
"0')(1) Notwithstanding any other provision of law, the Secretary 
may, subject to the notice requirements of paragraph (2), com-
promise any preliminary departmental decision under this section 
which does not exceed the amount agreed to be returned by more 
than $200,000, if the Secretary determines that (A) the collection of 
any or all or the amount thereof would not be practical or in the 
public interest, and (B) the practice which resulted in the prelimi-
nary departmental decision has been corrected and will not recur. 
"(2) Not less than 45 days prior to the exercise of the authority to 
compromise a preliminary departmental decision pursuant to para-
graph (1), the Secretary shall publish in the Federal Register a 
notice of intention to do so. The notice shall provide interested 
persons an opportunity to comment on any proposed action under 
this subsection through the submission of written data, views, or 
arguments. 
"(k) No recipient under an applicable program shall be liable to 
return funds which were expended in a manner not authorized by 
law more than 5 years before the recipient received written notice of 
a preliminary departmental decision. 
"(1) No interest shall be charged arising from a claim during the 
administrative review of the preliminary departmental decision. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 353 
"SEC. 453. MEASURE OF RECOVERY. 
20 USC 1234b. 
"(aXD A recipient determined to have made an unallowable 
expenditure, or to have otherwise failed to discharge its responsibil-
ity to account properly for funds, shall be required to return funds 
in an amount that is proportionate to the extent of the harm its 
violation caused to an identifiable Federal interest £issociated with 
the program under which the recipient received the award. Such 
amount shall be reduced in whole or in part by an amount that is 
proportionate to the extent the mitigating circumstances caused the 
violation. 
"(2) For the purpose of paragraph (1), an identifiable Federal 
interest includes, but is not limited to, serving only eligible bene-
ficiaries; providing only authorized services or benefits; complying 
with expenditure requirements and conditions (such as set-aside, 
excess cost, maintenance of effort, comparability, supplement-not-
supplant, and matching requirements); preserving the integrity of 
planning, application, recordkeeping, and reporting requirements; 
and maintaining accountability for the use of funds. 
"(bXD When a State or local educational agency is determined to 
have made an unallowable expenditure, or to have otherwise failed 
to discharge its responsibility to account properly for funds, and 
mitigating circumstances exist, as described in paragraph (2), the 
judge shall reduce such amount by an amount that is proportionate 
to the extent the mitigating circumstances caused the violation. 
Furthermore, the judge is authorized to determine that no recovery 
is justified when mitigating circumstances warrant. The burden of 
demonstrating the existence of mitigating circumstances shall be 
upon the State or local educationgil agency. 
"(2) For the purpose of paragraph (1), mitigating circumstances 
exist only when it would be unjust to compel the recovery of funds 
because the State or local educational agency— 
"(A) actually and reasonably relied upon erroneous written 
guidance provided by the Department; 
"(B) made an expenditure or engaged in a practice after— 
"(i) the State or local educational agency submitted to the 
Secretary, in good faith, a written request for guidance with 
respect to the expenditure or practice at issue, and 
"(ii) a Department official did not respond within 90 days 
of receipt by the Department of such request; or 
"(C) actually and reasonably relied upon a judicial decree 
issued to the recipient. 
"(3) A written request for guidance as described in paragraph (2) Mail, 
sent by certified mail (return receipt requested) shall be conclusive 
proof of receipt by the Department. 
"(4) If the Secretary responds to a written request for guidance 
described in paragraph (2XB) more than 90 days after its receipt, the 
State or local educational agency that submitted the request shall 
comply with the guidance received at the earliest practicable time. 
"(5) In order to demonstrate the existence of the mitigating 
circumstances described in paragraph (2XB), the State or local edu-
cational Eigency shall demonstrate that— 
"(A) the written request for guidance accurately described the 
proposed expenditure or practice and included the facts nec-
essary for a determination of its legality; and 
"(B) the written request for guidance contained a certification 
by the chief legal officer of the State educational agency that 
102 STAT. 354 
PUBLIC LAW 100-297—APR. 28, 1988 
such officer had examined the proposed expenditure or practice 
and believed the proposed expenditure or practice was permis-
sible under then applicable State and Federal law; and 
"(C) the State or local educational agency reasonably believed 
that the proposed expenditure or practice was permissible 
under then applicable State and Federal law. 
"(6) The Secretary shall disseminate to State educational agencies 
responses to written requests for guidance, described in paragraph 
(5), that reflect significant interpretations of applicable law or 
policy. 
"(c) The Secretary shall periodically review the written requests 
for guidance submitted under this section to determine the need for 
new or supplementary regulatory or other guidance under 
applicable programs. 
20 use 1234c. 
"SEC. 454. REMEDIES FOR EXISTING VIOLATIONS. 
"(a) Whenever the Secretary has reason to believe that any 
recipient of funds under anj^ applicable program is failing to comply 
substantially with any requirement of law applicable to such funds, 
the Secretary may— 
"(1) withhold further payments under that program, £is 
authorized by section 455; 
"(2) issue a complaint to compel compliance through a cease 
and desist order of the Office, as authorized by section 456; 
"(3) enter into a compliance agreement with a recipient to 
bring it into compliance, as authorized by section 457; or 
"(4) take any other action authorized by law with respect to 
the recipient. 
"(b) Any action, or failure to take action, by the Secretary under 
this section shall not preclude the Secretary from seeking a recovery 
of funds under section 452. 
20 use 1234d. 
"SEC. 455. WITHHOLDING. 
"(a) In accordance with section 454, the Secretary may withhold 
from a recipient, in whole or in part, further pa5nnents (including 
pavments for administrative costs) under an applicable program. 
(b) Before withholding payments, the Secretary shall notify the 
recipient, in writing, o
f
— 
"(1) the intent to withhold paj^ments; 
"(2) the factual and legal basis for the Secretary's belief that 
the recipient has failed to comply substantially with a require-
ment of law; and 
"(3) an opportunity for a hearing to be held on a date at least 
30 days after the notification has been sent to the recipient. 
"(c) The hearing shall be held before the Office and shall be 
conducted in accordance with the rules prescribed pursuant to 
subsections (f) and (g) of section 451 of this Act. 
"(d) Pending the outcome of any hearing under this section, the 
Secretary may suspend payments to a recipient, suspend the author-
ity of the recipient to obligate Federal funds, or both, after such 
recipient has been given reasonable notice and an opportunity to 
show cause why future payments or authority to obligate Federal 
funds should not be suspended. 
"(e) Upon review of a decision of the Office by the Secretary, the 
findings of fact by the Office, if supported by substantial evidence, 
shall be conclusive. However, the Secretary, for good cause shown, 
may remand the case to the Office to take further evidence, and the 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 355 
Office may thereupon make new or modified findings of fact and 
may modify its previous action. Such new or modified findings of 
fact shall likewise be conclusive if supported by substantial 
evidence. 
"(f) The decision of the Office in any hearing under this section 
shall become final agency action 60 days after the recipient receives 
written notice of the decision unless the Secretary either— 
"(1) modifies or sets aside the decision, in whole or in part, in 
which case the decision of the Secretary shall become final 
agency action when the recipient receives written notice of the 
Secretary's action; or 
"(2) remands the decision of the Office. 
"SEC. 456. CEASE AND DESIST ORDERS. 
20 USC 1234e. 
"(a) In accordance with section 454, the Secretary may issue to a 
recipient under an applicable program a complaint which— 
"(1) describes the factual and legal basis for the Secretary's 
belief that the recipient is failing to comply substantially with a 
requirement of law; and 
"(2) contains a notice of a hearing to be held before the Office 
on a date at least 30 days after the service of the complaint. 
"(b) The recipient upon which a complaint has been served shall 
have the right to appear before the Office on the date specified and 
to show cause why an order should not be entered by the Office 
requiring the recipient to cease and desist from the violation of law 
charged in the complaint. 
"(c) The testimony in any hearing held under this section shall be 
reduced to writing and filed with the Office. If upon that hearing the 
Office is of the opinion that the recipient is in violation of any 
requirement of law as charged in the complaint, the Office shall— 
"(1) make a report in writing stating its findings of fact; and Reports. 
"(2) issue to the recipient an order requiring the recipient to 
cease and desist from the practice, policy, or procedure which 
resulted in the violation. 
"(d) The report and order of the Office under this section shall 
become the final agency action when the recipient receives the 
report and order. 
"(e) The Secretary may enforce a final order of the Office under 
this section which becomes final agency action by— 
"(1) withholding from the recipient any portion of the amount 
payable to it, including the amount payable for administrative 
costs, under the applicable program; or 
"(2) certifying the facts to the Attorney General who shall 
cause an appropriate proceeding to be brought for the enforce-
ment of the order. 
"SEC. 457. COMPLIANCE AGREEMENTS. 
"(a) In accordance with section 454, the Secretary may enter into 
a compliance agreement with a recipient under an applicable pro-
gram. The purpose of any compliance agreement under this section 
shall be to bring the recipient into full compliance with the ap-
plicable requirements of law as soon as feasible and not to excuse or 
remedy past violations of such requirements. 
"(b)(1) Before entering into a compliance agreement with a recipi-
ent, the Secretary shall hold a hearing at which the recipient, 
affected students and parents or their representatives, and other 
interested parties are invited to participate. The recipient shall have 
20 USC 1234f. 
102 STAT. 356 
PUBLIC LAW 100-297—APR. 28, 1988 
Federal 
Register, 
publication. 
the burden of persuading the Secretary that full compliance with 
the applicable requirements of law is not feasible until a future date. 
"(2) If the Secretary determines, on the basis of all the evidence 
presented, that full compliance is genuinely not feasible until a 
future date, the Secretary shall make written findings to that effect 
and shall publish those findings, along with the substance of any 
compliance agreement, in the Federal Register. 
"(c) A compliance agreement under this section shall contain— 
"(1) an expiration date not later than 3 years from the date of 
the written findings under subsection (b)(2), by which the recipi-
ent shall be in full compliance with the applicable requirements 
of law, and 
"(2) those terms and conditions with which the recipient must 
comply until it is in full compliance. 
"(d) If a recipient fails to comply with the terms and conditions of 
a compliance agreement under this section, the Secretary may 
consider that compliance agreement to be no longer in effect, and 
the Secretary may take any action authorized by law with respect to 
the recipient. 
20 use 1234g. 
"SEC. 458. JUDICIAL REVIEW. 
"(a) Any recipient of funds under an applicable program that 
would be adversely affected by a final agency action under section 
452, 455, or 456 of this Act, and any State entitled to receive funds 
under a program described in section 435(a) of this title whose 
application has been disapproved by the Secretary, shall be entitled 
to judicial review of such action in accordance with the provisions of 
this section. The Secretary may not take any action on the basis of a 
final agency action until judicial review is completed. 
"(b) A recipient that desires judicial review of an action described 
in subsection (a) shall, within 60 days of that action, file with the 
United States Court of Appeals for the circuit in which that 
recipient is located, a petition for review of such action, A copy of 
the petition shall be transmitted by the clerk of the court to the 
Records. 
Secretary. The Secretary shall file in the court the record of the 
proceedings on which the action was based, as provided in section 
2112 of title 28, United States Code. 
"(c) The findings of fact by the Office, if supported by substantial 
evidence, shall be conclusive; but the court, for good cause shown, 
may remand the case to the Office to take further evidence, and the 
Office may make new or modified findings of fact and may modify 
its previous action, and shall certify to the court the record of the 
further proceedings. Such new or modified findings of fact shall 
likewise be conclusive if supported by substantial evidence. 
"(d) The court shall have jurisdiction to affirm the action of the 
Office or the Secretary or to set it aside, in whole or in part. The 
judgment of the court shall be subject to review by the Supreme 
Court of the United States upon certiorari or certification as pro-
vided in section 1254 of title 28, United States Code. 
20 use 1234h. 
'SEC. 459. USE OF RECOVERED FUNDS. 
"(a) Whenever the Secretary recovers funds paid to a recipient 
under a grant or cooperative agreement made under an applicable 
program because the recipient made an expenditure of funds that 
was not allowable, or otherwise failed to discharge its responsibility 
to account properly for funds, the Secretary may consider those 
funds to be additional funds available for that program and may 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 357 
arrange to repay to the recipient affected by that action an amount 
not to exceed 75 percent of the recovered funds if the Secretary 
determines that— 
"(1) the practices or procedures of the recipient that resulted 
in the violation of law have been corrected, and that the recipi-
ent is in all other respects in compliance with the requirements 
of that program; 
"(2) the recipient has submitted to the Secretary a plan for 
the use of those funds pursuant to the requirements of that 
program and, to the extent possible, for the benefit of the 
population that was affected by the failure to comply or by the 
misuse of funds that resulted in the recovery; and 
"(3) the use of those funds in accordance with that plan would 
serve to achieve the purposes of the program under which the 
funds were originally paid. 
"(b) Any payments by the Secretary under this section shall be 
subject to such other terms and conditions as the Secretary consid-
ers necessary to accomplish the purposes of the affected programs, 
including— 
"(1) the submission of periodic reports on the use of funds 
provided under this section; and 
"(2) consultation by the recipient with students, parents, or 
representatives of the population that will benefit from the 
payments. 
"(c) Notwithstanding any other provisions of law, the funds made 
available under this section shall remain available for expenditure 
for a period of time deemed reasonable by the Secretary, but in no 
case to exceed more than 3 fiscal years following the fiscal year in 
which final agency action under section 452(e) is taken. 
"(d) At least 30 days prior to entering into an arrangement under 
this section, the Secretary shall publish in the Federal Register a 
notice of intent to enter into such an arrangement and the terms 
and conditions under which payments will be made. Interested 
persons shall have an opportunity for at least 30 days to submit 
comments to the Secretary regarding the proposed arrangement. 
"SEC. 460. DEFINITIONS. 
"For purposes of this part: 
"(1) The term 'recipient' means a recipient of a grant or 
cooperative agreement under an applicable program. 
"(2) The term 'applicable program' excludes programs au-
thorized by the Higher Education Act of 1965 and assistance 
programs provided under the Act of September 30, 1950 (Public 
Law 874, 81st Congress), and the Act of September 23, 1950 
(Public Law 815, 81st Congress).". 
(b) EFFECTIVE DATES.— 
(1) Except as provided in paragraph (2), the amendments 
made by this section shall be effective 180 days after the date of 
enactment of this Act. 
(2) The amendments made by this part shall not apply to any 
case in which the recipient, prior to the effective date of this 
part, received a written notice that such recipient must return 
funds to the Department. 
(c) CONFORMING AMENDMENTS.—Section 435(a) of the General 
Education Provisions Act is amended by striking "titles I and IV" 
and all that follows through "such Act)" and inserting "chapter 1 
Federal 
Register, 
publication. 
20 u s e 12341. 
20 u s e 1234 
note. 
20 use 1232d. 
102 STAT. 358 
PUBLIC LAW 100-297—APR. 28, 1988 
and chapter 2 of title I of the Elementary and Secondary Education 
Act of 1965)". 
TITLE IV—EDUCATION FOR NATIVE 
HAWAIIANS 
20 use 4901. 
SEC. 4001. FINDINGS. 
The Congress finds and declares that— 
(1) the Federal Government retains the legal responsibility to 
enforce the administration of the State of Hawaii's public trust 
responsibility for the betterment of the conditions of Native 
Hawaiians; 
(2) in furtherance of the responsibility for the betterment of 
the conditions of Native Hawaiians, Congress has the power to 
specially legislate for the benefit of Native Hawaiians; 
(3) the attainment of educational success is critical to the 
betterment of the conditions of Native Hawaiians; 
(4) it is the policy of the Federal Government to encourage the 
maximum participation of Native Hawaiians in the planning 
and management of Native Hawaiian Education Programs; 
(5) Native Hawaiian students score below national norms on 
standardized education achievement tests; 
(6) both public and private schools show a pattern of low 
percentages of Native Hawaiian students in the uppermost 
achievement levels and in gifted and talented programs; 
(7) Native Hawaiian students are over-represented among 
those qualifying for special education programs provided to 
learning disabled, educable mentally retarded, handicapped, 
and other such students; 
(8) Native Hawaiians are disproportionately represented in 
many negative social and physical statistics, indicative of spe-
cial educational needs— 
(A) lower educational attainment among Native Hawai-
ians has been found to relate to lower socioeconomic out-
comes; 
(B) Native Hawaiian students are disproportionately 
under-represented in Institutions of Higher Education; 
(C) Native Hawaiians are under-represented in both 
traditional white collar professions, health care professions, 
and the newly emerging technology based professions and 
are over-represented in service occupations; 
(D) Native Hawaiians are beset with multiple health 
problems; 
(E) Native Hawaiian children are disproportionately 
victimized by child abuse and neglect, a signal of family 
stress; and 
(F) there are and will continue to be geographically rural 
isolated areas with a high Native Hawaiian population 
density; and 
(9) special efforts in education recognizing the unique cultural 
and historical circumstances of Native Hawaiians are required 
20 use 4902. 
SEC. 4002. PURPOSE. 
It is the purpose of this title to— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 359 
(1) authorize and develop supplemental educational programs 
to benefit Native Hawaiians, 
(2) provide direction and guidance to appropriate Federal, 
State, and local agencies to focus resources, including those 
made available by this title on the problem of Native Hawaiian 
education, and 
(3) supplement and expand existing programs and authorities 
in the area of education to further the purposes of this title. 
SEC. 4003. NATIVE HAWAIIAN MODEL CURRICULUM IMPLEMENTATION 20 USC 4903. 
PROJECT. 
(a) CURRICULUM DEVELOPMENT AUTHORITY.—In order to imple- Grants, 
ment the Kamehameha Elementary Education Program (KEEP) 
model curriculum developed by the Kamehameha Elementary Dem-
onstration School in appropriate public schools, the Secretary shall 
make direct grants to— 
(1) the State of Hawaii (University of Hawaii) for comprehen-
sive teacher training; 
(2) the State of Hawaii (Department of Education) for edu-
cational support services; 
(3) the Kamehameha Schools/Bernice Pauahi Bishop Estate 
for continued research and development; and 
(4) the Kamehameha Schools/Bernice Pauahi Bishop Estate 
and the State of Hawaii for the establishment of long-term 
followup and assessment activities. 
(b) SPECIAL RULE.—By no later than school year 1992-1993, the 
Secretary shall assure that the State of Hawaii (Department of 
Education) has implemented the KEEP model curriculum in a 
minimum of twenty public schools. 
(c) ADMINISTRATIVE COSTS.—No more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $3,000,000 for fiscal year 1988, and such sums as 
may be necessary for fiscal years 1989 through 1993, to carry out the 
provisions of this Act. Such funds shall remain available until 
expended. 
SEC. 4004. N A T I V E HAWAIIAN FAMILY-BASED EDUCATION CENTERS. 
20 USC 4904. 
(a) FAMILY-BASED EDUCATION CENTERS GENERAL AUTHORITY.—The 
Grants. 
Secretary shall make direct grants to Native Hawaiian Organiza-
tions (including Native Hawaiian Educational Organizations) to 
develop and operate a minimum of eleven Family-Based Education 
Centers throughout the Hawaiian Islands. Such centers shall in-
clude— 
(1) Parent-Infant programs (prenatal through age 3); 
(2) Preschool programs for four and five year-olds; 
(3) continued research and development; and 
Research and 
(4) a long term followup and assessment program. 
development. 
Ot)) ADMINISTRATIVE COSTS.—No more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes. 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to any other 
amount authorized for the centers described in subsection (a), there 
is authorized to be appropriated $2,400,000 for fiscal year 1988, and 
such sums as may be necessary for such centers for fiscal years 1989 
through 1993. Such funds shall remain available until expended. 
102 STAT. 360 
PUBLIC LAW 100-297—APR. 28, 1988 
20 use 4905. 
SEC. 4005. NATIVE HAWAIIAN HIGHER EDUCATION DEMONSTRATION 
PROGRAM. 
Grants. 
(a) HIGHER EDUCATION GENERAL AUTHORITY.—The Secretary shall 
make grants to the Kamehameha Schools/Bernice Pauahi Bishop 
Estate for a demonstration program to provide Higher Education 
fellowship assistance to Native Hawaiian students. The demonstra-
tion program under this section may include— 
(1) full or partial fellowship support for Native Hawaiian 
students enrolled at an accredited two or four year degree 
granting institution of higher education with awards to be based 
on academic potential and financial need; 
(2) counseling and support services for such students receiving 
fellowship assistance pursuant to subsection (a)(1) of this sec-
tion; 
(3) college preparation and guidance counseling at the second-
ary school level for students who may be eligible for fellowship 
assistance pursuant to subsection (a)(1) of this section; 
Research and 
(4) appropriate research and evaluation of the activities 
development. 
authorized by this section; and 
(5) implementation of faculty development programs for the 
improvement and matriculation of Native Hawaiian students, 
(b) GRANTS AUTHORIZED.—The Secretary shall make grants to the 
Kamehameha Schools/Bernice Pauahi Bishop Estate for a dem-
onstration project of fellowship assistance for Native Hawaiian 
students in post-bachelor degree programs. Such project may 
include— 
(1) full or partial fellowship support for Native Hawaiian 
students enrolled at an accredited post-bachelor degree granting 
institution of higher education, with priority given to profes-
sions in which Native Hawaiians are under-represented and 
with awards to be based on academic potential and financial 
need; 
(2) counseling and support services for such students receiving 
fellowship assistance pursuant to subsection (b)(1) of this sec-
tion; and 
(3) appropriate research and evaluation of the activities 
authorized by this section. 
Contracts. 
(c) SPECIAL CONDITION REQUIRED.—For the purposc of subsection 
(b) fellowship conditions shall be established whereby recipients 
obtain an enforceable contract obligation to provide their profes-
sional services, either during their fellowship or upon completion of 
post-bachelor degree program, to the Native Hawaiian community 
within the State of Hawaii. 
(d) ADMINISTRATIVE COSTS.—No more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) There are authorized to be appropriated $1,250,000 for 
fiscal year 1988 and for each succeeding fiscal year through 
1993 for the purpose of funding the fellowship assistance dem-
onstration project under subsection (a). 
(2) There are authorized to be appropriated $750,000 for fiscal 
year 1988, and for each succeeding fiscal year through 1993, for 
the purpose of funding the fellowship assistance demonstration 
project provided under subsection (b). 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 361 
(3) Funds appropriated under the authority of this subsection 
shall remain available until expended. 
SEC. 4006. NATIVE HAWAIIAN GIFTED AND TALENTED DEMONSTRATION 
PROGRAM. 
(a) GIFTED AND TALENTED DEMONSTRATION AUTHORITY.— 
(1) The Secretary shall provide a grant to, or enter into a 
contract with, the University of Hawaii at Hilo for— 
(A) the establishment of a Native Hawaiian Gifted and 
Talented Center at the University of Hawaii at Hilo, and 
(B) for demonstration projects designed to— 
(i) address the special needs of Native Hawaiian 
elementary and secondary school students who are 
gifted and talented students, and 
(ii) provide those support services to their families 
that are needed to enable such students to benefit from 
the project. 
Such grant or contract shall be subject to the availability of 
appropriated funds and, contingent on satisfactory performance 
by the grantee, shall be provided for a term of 3 years. 
(2) After the term of the grant or contract provided, or 
entered into, under paragraph (1) has expired, the Secretary 
shall, for the purposes described in subparagraphs (A) and (B) of 
paragraph (1), provide a grant to, or enter into a contract with, 
the public, 4-year, fully accredited institution of higher edu-
cation located in the State of Hawaii which has made the 
greatest contribution to Native Hawaiian students. Such grant 
or contract shall be provided on an annual basis. The grantees 
shall be authorized to subcontract when appropriate, including 
with the Children's Television Workshop. 
(b) USES OF FUNDS.—Demonstration projects funded under this 
section may include— 
(1) the identification of the special needs of gifted and talented 
students, particularly at the elementary school level, with 
attention to— 
(A) the emotional and psychosocial needs of these stu-
dents, and 
(B) the provision of those support services to their fami-
lies that are needed to enable these students to benefit from 
the projects; 
(2) the conduct of educational, psychosocial, and developmen-
tal activities which hold reasonable promise of resulting in 
substantial progress toward meeting the educational needs of 
such gifted and talented children, including, but not limited to, 
demonstrating and exploring the use of the Native Hawaiian 
language and exposure to Native Hawaiian cultural traditions; 
(3) the use of public television in meeting the special edu-
cational needs of such gifted and talented children; 
(4) leadership programs designed to replicate programs for 
such children throughout the State of Hawaii and to other 
Native American peoples, including the dissemination of 
information derived from the demonstration projects conducted 
under this section; and 
(5) appropriate research, evaluation, and related activities 
pertaining to— 
(A) the needs of such children, and 
20 u s e 4906. 
Grants. 
Contracts. 
Children's 
Television 
Workshop. 
102 STAT. 362 
PUBLIC LAW 100-297—APR. 28, 1988 
(B) the provision of those support services to their fami-
lies that are needed to enable such children to benefit from 
the projects. 
(c) INFORMATION PROVISION.—The Secretary shall facilitate the 
establishment of a national network of Native Hawaiian and Amer-
ican Indian Gifted and Talented Centers, and ensure that the 
information developed by these centers shall be readily available to 
the educational community at large. 
(d) ADMINISTRATIVE COSTS.—No more than 7 percent of the 
amounts appropriated to carry out the provisions of this section for 
any fiscal year may be used for administrative purposes. 
(e) AUTHORIZATION OF APPROPRIATIONS.—In addition to any other 
amount authorized for projects described in this section, there are 
authorized to be appropriated $1,000,000 for fiscal year 1988 and for 
each succeeding fiscal year through fiscal year 1993. Such sums 
shall remain available until expended. 
20 use 4907. 
SEC. 4007. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM. 
Grants. 
(a) SPECIAL EDUCATION AUTHORITY.—The Secretary shall make 
Contracts. 
grants to, and enter into contracts with, the State of Hawaii, or 
Native Hawaiian Organizations, to operate projects to address the 
special education needs of Native Hawaiian students. Such projects 
assisted under this section may include— 
(1) the identification of Native Hawaiian children who are 
learning disabled, mentally or physically handicapped, educable 
mentally retarded, or otherwise in need of special education 
services; 
(2) the conduct of educational activities consistent with part B 
of the Education of the Handicapped Act which hold reasonable 
promise of improving the provision of special education and 
related services to Native Hawaiian children who are identified 
as being handicapped; and 
(3) appropriate research, evaluation and related activities 
pertaining to the needs of such children. 
(b) ADMINISTRATIVE COSTS.—No more than 7 percent of the funds 
appropriated to carry out the provisions of this section for any fiscal 
year may be used for administrative purposes. 
(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to any other 
amount authorized for such project, there is authorized to be appro-
priated $1,500,000 for fiscal year 1988 and for each succeeding fiscal 
year through 1993. Such sums shall remain available until 
expended. 
20 use 4908. 
SEC. 4008. ADMINISTRATIVE PROVISIONS. 
(a) APPLICATION REQUIRED.—No grant may be made under this 
title, nor any contract be entered into under this title, unless an 
application is submitted to the Secretary in such form, in such 
manner, and containing such information as the Secretary may 
determine necessary to carry out the provisions of this title. 
(b) SPECIAL RULE.—Each application submitted under this title 
shall be accompanied by the comments of each local educational 
agency serving students who will participate in the project for which 
assistance is sought. 
20 use 4909. 
SEC. 4009. DEFINITIONS. 
For purposes of this title— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 363 
(1) The term "Native Hawaiian" means any individual who 
is— 
(A) a citizen of the United States, 
(B) a resident of the State of Hawaii, and 
(C) a descendant of the aboriginal people, who prior to 
1778, occupied and exercised sovereignty in the area that 
now comprises the State of Hawaii, as evidenced by— 
(i) genealogical records, 
(ii) Kupuna (elders) or Kama'aina (long-term commu-
nity residents) verification, or 
(iii) birth records of the State of Hawaii. 
(2) The term "Secretary" means the Secretary of Education. 
(3) The term "Native Hawaiian Educational Organization" 
means a private nonprofit organization that— 
(A) serves the interests of Native Hawaiians, 
(B) has a demonstrated expertise in the education of 
Native Hawaiian youth, and 
(C) has demonstrated expertise in research and program 
development. 
(4) The term "Native Hawaiian Organization" means a pri-
vate nonprofit organization that— 
(A) serves the interests of Native Hawaiians, and 
(B) is recognized by the Governor of Hawaii for the 
purpose of planning, conducting, or administering pro-
grams (or portion of programs) for the benefit of Native 
Hawaiians. 
(5) The term "elementary school" has the same meaning 
given that term under section 1471(7) of this Act. 
(6) The term "local educational agency" has the same mean-
ing given that term under section 1471(10) of this Act. 
(7) The term "secondary school" has the same meaning given 
that term under section 1471(7) of this Act. 
TITLE V—INDIAN EDUCATION 
PART A—BUREAU AND CONTRACT SCHOOLS 
Indian 
Education 
SEC. 5101. SHORT TITLE. 
Amendments of 
This part may be cited as the "Indian Education Amendments of 25 USC 2001 
1988". 
no<*-
SEC. 5102. PROHIBITION ON TRANSFERS OF BUREAU AND CONTRACT 
SCHOOLS. 
Section 1121 of the Education Amendments of 1978 (25 U.S.C. 
2001) is amended— 
(1) by adding at the end of subsection (g) the following new 
paragraph: 
"(5) The Secretary may terminate, contract, transfer to any other 
authority, or consolidate or substantially curtail the operation or 
facilities of— 
"(A) any Bureau funded school that is operated on or after 
April 1,1987, or 
"(B) any program of such a school that is operated on or after 
April 1,1987, 
only if the tribal governing body approves such action.", 
102 STAT. 364 
PUBLIC LAW 100-297—APR. 28, 1988 
Safety. 
Regulations. 
Federal 
Register, 
publication. 
(2) by striking "Such standards and procedures shall require 
that whenever" in subsection (g)(3) and inserting in lieu thereof 
"Whenever", 
(3) by inserting "transfer to any other authority," after 
"close," and after "closure," each place either term appears in 
paragraphs (3) and (4) of subsection (g), and 
(4) by adding at the end thereof the following new subsection: 
"(j) For purposes of this section, the term 'tribal governing body' 
means, with respect to any school, the tribal governing body, or 
tribal governing bodies, that represent at least 90 percent of the 
students served by such school.". 
SEC. 5103. REPORT ON TEMPORARY ACTIONS TAKEN FOR A YEAR. 
Section 1125 of the Education Amendments of 1978 (25 U.S.C. 
2005) is amended— 
(1) by redesignating subsection (d) as subsection (e), 
(2) by inserting after subsection (c) the following new subsec-
tion: 
"(d)(1) A Bureau school may be closed or consolidated, and the 
programs of a Bureau school may be substantially curtailed, by 
reason of plant conditions that constitute an immediate hazard to 
health and safety only if a health and safety officer of the Bureau 
determines that such conditions exist at the Bureau school. 
"(2)(A) In making determinations described in paragraph (1) 
before July 1, 1989, health and safety officers of the Bureau shall 
use the health and safety guidelines of the Bureau that were in 
effect on January 1,1988. 
"(B) Upon the enactment of the Indian Education Amendments of 
1988, the Secretary shall conduct a review of the guidelines used by 
the Bureau in determining whether plant conditions at a Bureau 
school constitute an immediate hazard to health and safety. By no 
later than June 30, 1989, the Secretary shall publish in the Federal 
Register the final form of regulations which shall be used by health 
and safety officers of the Bureau in making such determinations. 
"(C)(i)If-
"(I) the Secretary fails to publish in the Federal Register in 
final form the regulations required under subparagraph (B) 
before July 1,1989, and 
"(II) action described in paragraph (1) is taken after June 30, 
1989, and before the date on which such regulations are pub-
lished in final form in the Federal Register by reason of the 
condition of any plant, 
an inspection of the condition of such plant shall be conducted by an 
appropriate tribal, county, municipal, or State health and safety 
officer to determine whether conditions at such plant constitute an 
immediate hazard to health and safety. Such inspection shall be 
completed by no later than the date that is 30 days after the date on 
which the action described in paragraph (1) is taken. 
"(ii) The inspection required under clause (i) shall be conducted by 
a health and safety officer designated jointly by the Secretary and 
the tribes affected by the action described in paragraph (1). If the 
Secretary and such tribes are unable to agree on the designation of 
the health and safety officer, the Secretary shall designate the 
health and safety officer and shall provide notice of such designation 
to each of such tribes before the inspection is conducted by such 
officer. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 365 
"(iii) If the health and safety officer conducting an inspection of a 
plant required under clause (i) determines that conditions at the 
plant do not constitute an immediate hazard to health and safety, 
any consolidation or curtailment that was made by reason of condi-
tions at the plant shall immediately cease and any school closed by 
reason of conditions at the plant shall be reopened immediately. 
"(3) If— 
"(A) a Bureau school is temporarily closed or consolidated, or 
the programs of a Bureau school are substantially curtailed, by 
reason of plant conditions that constitute an immediate hazard 
to health and safety, and 
"(B) the Secretary estimates that the closure, consolidation, or Reports, 
curtailment will be more than 1 year in duration, 
the Secretary shall submit to the Congress, by no later than the date 
that is 6 months after the date on which the closure, consolidation, 
or curtailment is initiated, a report which sets forth the reasons for 
such temporary actions and the actions the Secretary is taking to 
eliminate the conditions that constitute the hazard.". 
SEC. 5104. ELIGIBILITY AND EXPANSION OF BUREAU FUNDED SCHOOLS. 
Section 1121 of the Education Amendments of 1978 (25 U.S.C. 
2001) is amended— 
(1) by striking out "Indian controlled contract schools (herein-
after referred to as 'contract schools')" in subsection (a) and 
inserting in lieu thereof "contract schools", and 
(2) by adding at the end thereof the following new subsection: 
"(k)(l)(A) The Secretary shall only consider the factors described 
in subparagraphs (B) and (C) in reviewing— 
"(i) applications from any tribe for the awarding of a contract 
or grant for a school that has not previously received funds from 
the Bureau, 
"(ii) applications from any tribe or Bureau school board for— 
"(I) a school which has not previously been operated or 
funded by the Bureau, or 
"(II) the expansion of any program currently funded by 
the Bureau which would increase the amount of funds 
received by the Indian tribe or school board under section 
1128. 
The Secretary shall give consideration to all of such factors, but 
none of such applications may be denied based primarily upon the 
geographic proximity of public education. 
"(B) The Secretary shall consider the following factors relating to 
the program that is the subject of an application described in 
subparagraph (A): 
"(i) the adequacy of facilities or the potential to obtain or 
provide adequate facilities; 
"(ii) geographic and demographic factors in the affected areas; 
"(iii) adequacy of the applicant's program plans or, in the case 
of a Bureau operated program, of projected needs analysis done 
either by a tribe or by Bureau personnel; 
"(iv) geographic proximity of comparable public education; 
and 
"(v) the stated needs of all affected parties, including (but not 
limited to) students, families, tribal governments at both the 
central and local levels, and school organizations. 
"(C) The Secretary shall consider with respect to applications 
described in subparagraph (A) the following factors relating to all 
102 STAT. 366 
PUBLIC LAW 100-297—APR. 28, 1988 
the educational services available at the time the application is 
considered: 
"(i) geographic and demographic factors in the affected areas; 
"(ii) adequacy and comparability of programs already avail-
able; 
"(iii) consistency of available programs with tribal edu-
cational codes or tribal legislation on education; and 
"(iv) the history and success of these services for the proposed 
population to be served, as determined from all factors and not 
just standardized examination performance. 
"(2)(A) The Secretary shall make a determination of whether to 
approve any application described in paragraph (1)(A) by no later 
than the date that is 180 days after the day on which such applica-
tion is submitted to the Secretary. 
"(B) If the Secretary fails to make the determination described in 
subparagraph (A) with respect to an application by the date de-
scribed in subparagraph (A), the application shall be treated as 
having been approved by the Secretary. 
"(3)(A) Any application described in paragraph (IXA) may be 
submitted to the Secretary only if— 
"(i) the application has been approved by the tribal governing 
body of the students served by (or to be served by) the school or 
program that is the subject of the application, and 
"(ii) written evidence of such approval is submitted with the 
application. 
"(B) Each application described in paragraph (1)(A)— 
"(i) shall provide information concerning each of the factors 
described in paragraph (1)(B), and 
"(ii) may provide information concerning the factors described 
in paragraph (1)(C). 
"(4) Whenever the Secretary makes a determination to deny 
approval of any application described in paragraph (1)(A), the Sec-
retary shall— 
"(A) state the objections in writing to the applicant by no 
later than the date that is 180 days after the day on which the 
application is submitted to the Secretary, 
"(B) provide assistance to the applicant to overcome stated 
objections, and 
"(C) provide the applicant a hearing, under the same rules 
and regulations pertaining to the Indian Self-Determination 
and Education Assistance Act, and an opportunity to appeal the 
objections raised by the Secretary. 
"(5XA) Except as otherwise provided in this paragraph, the action 
which is the subject of any application described in paragraph (1)(A) 
that is approved by the Secretary shall become effective with the 
commencement of the academic year succeeding the fiscal year in 
which the application is approved, or at an earlier date determined 
by the Secretary. 
"(B) If an application is treated as having been approved by the 
Secretary by reason of paragraph (2)(B), the action that is the 
subject of the application shall become effective on the date that is 
18 months after the date on which the application is submitted to 
the Secretary, or at an earlier date determined by the Secretary. 
"(6XA) Any application for expansion of the grade levels offered 
by a tribally controlled school which has been submitted to the 
Secretary prior to the date of enactment of this Act shall be 
reviewed under the regulations and guidelines in effect on the date 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 367 
on which such application was submitted, unless the applicant elects 
to have the provisions of this subsection apply to the review of such 
application. 
"(B) Notwithstanding any other provision of law, if the school 
board of the Bureau funded schools at the Pueblo of Zia and the 
Tama Settlement vote within the 2-year period beginning on the 
date of enactment of the Indian Education Amendments of 1988 to 
expand each of the schools to include kindergarten through grade 8, 
the schools shall be so expanded at the beginning of the next school 
year occurring after the vote.". 
SEC. 5105. DORMITORY CRITERIA. 
Section 1122 of the Education Amendments of 1978 (25 U.S.C. 
2002) is amended by redesignating subsection (d) as subsection (e) 
and inserting after subsection (c) the following new subsection: 
'Xd)(l) The criteria established under this section may be waived 
in the same manner as the standards provided under section 1121(b) 
may be waived under section 1121(d). 
"(2) No school in operation on or before January 1, 1987 (regard-
less of compliance or noncompliance with the criteria established 
under this section) may be closed, transferred to another authority, 
consolidated or have its program substantially curtailed for failure 
to meet the criteria. 
"(3) By no later than May 1, 1989, the Secretary shall submit to Reports, 
the Congress a report detailing the costs associated with, and the 
actions necessary for, complete compliance with the criteria estab-
lished under this section.". 
SEC. 5106. REGULATIONS. 
Section 1123 of the Education Amendments of 1978 (25 U.S.C. 
2003) is amended to read as follows: 
"REGULATIONS 
"SEC. 1123. (a) The provisions of part 32 of title 25 of the Code of 
Federal Regulations, as in effect on January 1, 1987, are hereby 
incorporated into this Act and shall be treated as though such 
provisions are set forth in this subsection. Accordingly, such provi-
sions may be altered only by means of an amendment to this 
subsection that is contained in an Act or joint resolution which is 
enacted into law. To the extent that such provisions of part 32 do not 
conform with this Act or any statutory provision of law enacted 
before the date of enactment of this Act, the provisions of this Act 
and the provisions of such other statutory law shall govern. 
"(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of title 25 of 
the Code of Federal Regulations, as in effect on January 1, 1987, 
shall be applied by the Federal Government and shall not, before 
July 1, 1989, be amended, revoked, or altered in any manner. No 
officer or employee of the Executive Branch shall have the authority 
to issue any other regulations, prior to July 1, 1989, that supersede, 
supplement, or otherwise affect the provisions of such parts. To the 
extent that the provisions of such parts do not conform with this Act 
or any statutory provision of law enacted before the date of enact-
ment of this Act, the provisions of this Act and the provisions of 
such other statutory law shall govern. 
102 STAT. 368 
PUBLIC LAW 100-297—APR. 28, 1988 
"(c) After June 30, 1989, no regulation prescribed for the applica-
tion of any program provided under this title shall become effective 
unless— 
"(1) the regulation has been published as a proposed regula-
tion in the Federal Register, 
"(2) an opportunity of no less than 90 days has been afforded 
the public to comment on the published proposed regulation, 
and 
"(3) the regulation has, after such period for public comment, 
been published in the Federal Register as a final regulation. 
"(d) For purposes of this section, the term 'regulation' means any 
rules, regulations, guidelines, interpretations, orders, or require-
ments of general applicability prescribed by any officer or employee 
of the Executive Branch.". 
SEC. 5107. FORMULA MODIFICATIONS. 
(a) IN GENERAL.— 
(1) Paragraph (1) of section 1128(c) of the Education Amend-
ments of 1978 (25 U.S.C. 2008(c)(1)) is amended to read as 
follows: 
"(1) For fiscal year 1990, and for each subsequent fiscal year, 
the Secretary shall adjust the formula established under subsec-
tion (a) to— 
"(A) use a weighted unit of 1.2 for each eligible Indian 
student enrolled in the seventh and eighth grades of the 
school in considering the number of eligible Indian students 
served by the school; 
"(B) consider a school with an average daily attendance of 
less than 50 eligible Indian students as having an average 
daily attendance of 50 eligible Indian students for purposes 
of implementing the adjustment factor for small schools; 
and 
"(C) take into account the provision of residential services 
on a less than 9-month basis at a school when the school 
board and supervisor of the school determine that a less 
than 9-month basis will be implemented for the school year 
involved.". 
(2) Subsection (c) of section 1128 of the Education Amend-
ments of 1978 (25 U.S.C. 2008(c)) is amended by adding at the 
end thereof the following new paragraphs: 
"(4KA) The Secretary shall adjust the formula established 
under subsection (a) to use a weighted unit of 2.0 for each 
eligible Indian student that— 
"(i) is gifted and talented (as determined pursuant to 
section 5324 of the Indian Education Amendments of 1988), 
and 
"(ii) is enrolled in the school on a full-time basis, 
in considering the number of eligible Indian students served by 
the school. 
"(B) The adjustment required under subparagraph (A) shall 
be used for the later of the following fiscal years and for each 
fiscal year succeeding such later fiscal year: 
"(i) the second fiscal year succeeding the fiscal year in 
which the Secretary of Education makes the report re-
quired under section 5324(c)(6XB) of the Indian Education 
Act of 1988, or 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 369 
"(ii) the first fiscal year for which an increeise in the 
amount of funds appropriated for allotment under this 
section is designated by the law that appropriates such 
funds as the amount necessary to implement such adjust-
ment without reducing allotments made under this section 
to any school. 
"(5) For each of the fiscal years 1989 and 1990, the Secretary 
shall adjust the formula established under subsection (a) to 
provide funding to schools operated by Indian tribes that are 
treated under State law as political subdivisions of the State in 
an amount sufficient to enable the schools to meet standards 
imposed by the State.", 
(b) STUDY.— 
(1) The Comptroller General of the United States (hereafter in 
this subsection referred to as the "Comptroller General") shall 
conduct a study to determine— 
(A) the number of children who— 
(i) are 3 or 4 years of age, 
(ii) are eligible for services provided by the Bureau of 
Indian Affairs of the Department of the Interior, and 
(iii) are handicapped children (within the meaning of 
section 602(1) of the Education of the Handicapped Act 
(20 U.S.C. 401(1))), 
(B) the geographic disbursement of such children, 
(C) the number of such children who the Comptroller 
General estimates will receive services under the pre-school 
set-aside program under Public Law 99-457, 
(D) the sufficiency of the pre-school services described in 
subparagraph (C), 
(E) the unmet needs of such children, 
(F) the number of such children who the Comptroller 
General estimates will attend education programs (schools 
or residential programs) funded by the Bureau, and 
(G) the information described in subparagraphs (B), (C), 
(D), and (E) with respect to the children described in 
subparagraph (F). 
(2) By no later than the date that is 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to the 
Congress a report on the study conducted under paragraph (1). 
SEC. 5108. ADMINISTRATIVE COST. 
(a) IN GENERAL.—The Education Amendments of 1978 (25 U.S.C. 
2008) is amended by inserting after section 1128 (25 U.S.C. 2008) the 
following new section: 
20 u s e 1411 
note. 
Reports. 
ADMINISTRATIVE COST GRANTS 
"SEC. 1128A. (a)(1) The Secretary shall, subject to the availability 
of appropriated funds, provide grants to each tribe or tribal 
organization operating a contract school in the amount determined 
under this section with respect to the tribe or tribal organization for 
the purpose of paying the administrative and indirect costs incurred 
in operating contract schools in order to— 
"(A) enable tribes and tribal organizations operating such 
schools, without reducing direct program services to the bene-
ficiaries of the program, to provide all related administrative 
25 u s e 2008a. 
102 STAT. 370 
PUBLIC LAW 100-297—APR. 28, 1988 
overhead services and operations necessary to meet the require-
ments of law and prudent management practice, and 
"(B) carry out other necessary support functions which would 
otherwise be provided by the Secretary or other Federal officers 
or employees, from resources other than direct program funds, 
in support of comparable Bureau operated programs. 
"(2) Amounts appropriated to fund the grants provided under this 
section shall be in addition to, and shall not reduce, the amounts 
appropriated for the program being administered by the contract 
schools. 
"(b)(1) The amount of the grant provided to each tribe or tribal 
organization under this section for each fiscal year shall be deter-
mined by applying the administrative cost percentage rate of the 
tribe or tribal organization to each of the direct cost education 
programs operated by the tribe or tribal organization for which 
funds are received from or through the Bureau. 
"(2) The Secretary shall— 
"(A) reduce the amount of the grant determined under 
paragraph (1) to the extent that payments for administra-
tive costs are actually received by an Indian tribe or tribal 
organization under any Federal education program in-
cluded in the direct cost base of the tribe or tribal organiza-
tion, and 
"(B) take such actions as may be necessary to be re-
imbursed by any other department or agency of the Federal 
Government for the portion of grants made under this 
section for the costs of administering any program for 
Indians that is funded by appropriations made to such other 
department or agency. 
"(c) For purposes of this section, the administrative cost percent-
age rate for a contract school for a fiscal year is equal to the 
percentage determined by dividing— 
"(1) the sum of— 
"(A) the amount equal to— 
"(i) the direct cost base of the tribe or tribal organiza-
tion for the fiscal year, multiplied by 
"(ii) the minimum base rate, plus 
"(B) the amount equal to— 
"(i) the standard direct cost base, multiplied by 
"(ii) the maximum base rate, by 
"(2) the sum of— 
"(A) the direct cost base of the tribe or tribal organization 
for the fiscal year, plus 
"(B) the standard direct cost base. 
The administrative cost percentage rate shall be determined to the 
one hundredth of a decimal point. 
"(d)(1)(A) Funds received by a contract school as grants under this 
section for tribal elementary or secondary educational programs 
may be combined by the contract school into a single administrative 
cost account without the necessity of maintaining separate funding 
source accounting. 
"(B) Indirect cost funds for programs at the school which share 
common administrative services with tribal elementary or second-
ary educational programs may be included in the administrative 
cost account described in subparagraph (A). 
"(2) Funds received as grants under this section with respect to 
tribal elementary or secondary education programs shall remain 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 371 
available to the contract school without fiscal year limitation and 
without diminishing the amount of any grants otherwise payable to 
the school under this section for any fiscal year beginning after the 
fiscal year for which the grant is provided. 
"(3) Funds received as grants under this section for Bureau funded 
programs operated by a tribe or tribal organization under a contract 
or agreement shall not be taken into consideration for purposes of 
indirect cost underrecovery and overrecovery determinations by any 
Federal agency for any other funds, from whatever source derived. 
"(e) For purposes of this section— 
"(1)(A) The term 'administrative cost' means the costs of 
necessary administrative functions which— 
"(i) the tribe or tribal organization incurs as a result of 
operating a tribal elementary or secondary educational 
program, 
"(ii) are not customarily paid by comparable Bureau 
operated programs out of direct program funds, and 
"(iii) are either— 
"(I) normally provided for comparable Bureau pro-
grams by Federal officials using resources other than 
Bureau direct program funds, or 
"(II) are otherwise required of tribal self-determina-
tion program operators by law or prudent management 
practice. 
"(B) The term 'administrative cost' may include, but is not 
necessarily limited to— 
"(i) contract (or other agreement) administration; 
"(ii) executive, policy, and corporate leadership and 
decisionmaking; 
"(iii) program planning, development, and management; 
"(iv) fiscal, 
personnel, 
property, 
and 
procurement 
management; 
"(v) related office services and record keeping; and 
"(vi) costs of necessary insurance, auditing, legal, safety 
and security services. 
"(2) The term 'Bureau elementary and secondary functions' 
means— 
"(A) all functions funded at Bureau schools by the Office 
of Indian Education Programs of the Bureau; 
"(B) all programs— 
"(i) funds for which are appropriated to other agen-
cies of the Federal Government, and 
"(ii) which are administered for the benefit of Indians 
through Bureau schools; and 
"(C) all operation, maintenance, and repair funds for 
facilities and government quarters used in the operation or 
support of elementary and secondary education functions 
for the benefit of Indians, from whatever source derived. 
"(3) The term 'tribal elementary or secondary educational 
programs' means all Bureau elementary and secondary func-
tions, together with any other Bureau programs or portions of 
programs (excluding funds for social services that are appro-
priated to agencies other than the Bureau and are expended 
through the Bureau, funds for major subcontracts, construction, 
and other major capital expenditures, and unexpended funds 
carried over from prior years) which share common administra-
102 STAT. 372 
PUBLIC LAW 100-297—APR. 28, 1988 
tive cost functions, that are operated directly by a tribe or tribal 
organization under a contract or agreement with the Bureau. 
"(4)(A) Except as otherwise provided in this paragraph, the 
direct cost base of a tribe or tribal organization for the fiscal 
year is the aggregate direct cost program funding for all tribal 
elementary or secondary educational programs operated by the 
tribe or tribal organization during— 
"(i) the second fiscal year preceding such fiscal year, or 
"(ii) if such programs have not been operated by the tribe 
or tribal organization during the 2 preceding fiscal years, 
the first fiscal year preceding such fiscal year. 
"(B) In the case of Bureau elementary or secondary education 
functions which have not previously been operated by a tribe or 
tribal organization under contract or agreement with the 
Bureau, the direct cost base for the initial year shall be the 
projected aggregate direct cost program funding for all Bureau 
elementary and secondary functions to be operated by the tribe 
or tribal organization during that fiscal year. 
"(5) The term 'maximum base rate' means 50 percent. 
"(6) The term 'minimum base rate' means 11 percent. 
"(7) The term 'standard direct cost base' means $600,000. 
"(f)(1) Upon the enactment of the Indian Education Amendments 
of 1988, the Secretary shall— 
"(A) conduct such studies as may be needed to establish an 
empirical basis for determining relevant factors substantially 
affecting the required administrative costs of tribal elementary 
and secondary educational programs, using the formula set 
forth in subsection (c), and 
"(B) a study to determine— 
"(i) a maximum base rate which ensures that the amount 
of the grants provided under this section will provide ade-
quate (but not excessive) funding of the administrative costs 
of the smallest tribal elementary or secondary educational 
programs, 
"(ii) a minimum base rate which ensures that the amount 
of the grants provided under this section will provide ade-
quate (but not excessive) funding of the administrative costs 
of the largest tribal elementary or secondary educational 
programs, and 
"(iii) a standard direct cost base which is the aggregate 
direct cost funding level for which the percentage deter-
mined under subsection (c) will— 
"(I) be equal to the median between the maximum 
base rate and the minimum base rate, and 
"(II) ensure that the amount of the grants provided 
under this section will provide adequate Ot)ut not exces-
sive) funding of the administrative costs of tribal ele-
mentary or secondary educational programs closest to 
the size of the program. 
"(2) The studies required under paragraph (1) shall— 
"(A) be conducted in full consultation (in accordance with 
section 1130) with— 
"(i) the tribes and tribal organizations that are affected 
by the application of the formula set forth in subsection (c), 
and 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 373 
"(ii) all national and regional Indian organizations of 
which such tribes and tribal organizations are typically 
members; 
"(B) be conducted on-site at a representative statistical 
sample of the tribal elementary or secondary educational pro-
grams under a contract entered into with a nationally reputable 
public accounting and business consulting firm; 
"(C) take into account the availability of skilled labor, 
commodities, business and automatic data processing services, 
related Indian preference and Indian control of education 
requirements, and any other market factors found substantially 
to affect the administrative costs and efficiency of each such 
tribal elementary or secondary educational program studied in 
order to assure that all required administrative activities can 
reasonably be delivered in a cost effective manner for each such 
program, given an administrative cost allowance generated by 
the values, percentages, or other factors found in the studies to 
be relevant in such formula; 
"(D) identify, and quantify in terms of percentages of direct 
program costs, any general factors arising from geographic 
isolation, or numbers of programs administered, independent of 
program size factors used to compute a base administrative cost 
percentage in such formula; and 
"(E) identify any other incremental cost factors substantially 
affecting the costs of required administrative cost functions at 
any of the tribal elementary or secondary educational programs 
studied and determine whether the factors are of general ap-
plicability to other such programs, and (if so) how they may 
effectively be incorporated into such formula. 
"(3) Determinations described in paragraph (2)(C) shall be based 
on what is pragmatically possible to do at each location studied, 
given prudent management practice, irrespective of whether re-
quired administrative services were actually or fully delivered at 
these sites, or other services were delivered instead, during the 
period of the study. 
"(4) Upon completion of the studies conducted under paragraph 
Reports. 
(1), but in no case later than October 1, 1989, the Secretary shall 
submit to the Congress a report on the findings of the studies, 
together with determinations based upon such findings that would 
affect the definitions of terms used in the formula that is set forth in 
subsection (c). 
"(5) The Secretary shall include in the Bureau's justification for 
each appropriations request for each fiscal year beginning after 
fiscal year 1989, a projection of the overall costs associated with the 
formula set forth in subsection (c) for all tribal elementary or 
secondary educational programs which the Secretary expects to be 
funded in the fiscal year for which the appropriations are sought. 
"(6) For purposes of this subsection, the size of tribal elementary 
or secondary educational programs is determined by the aggregate 
direct cost program funding level for all Bureau funded programs 
which share common administrative cost functions. 
"(g)(1) There are authorized to be appropriated for each fiscal year 
such sums as may be necessary to carry out the provisions of this 
section. 
"(2) If the total amount of funds necessary to provide grants to 
tribes and tribal organizations in the amounts determined under 
subsection (b) for a fiscal year exceeds the amount of funds appro-
Appropriation 
authorization. 
102 STAT. 374 
PUBLIC LAW 100-297—APR. 28, 1988 
priated to carry out this section for such fiscal year, the Secretary 
shall reduce the amount of each grant determined under subsection 
(b) for such fiscal year by an amount that bears the same relation-
ship to such excess as the amount of such grant determined under 
subsection (b) bears to the total of all grants determined under 
subsection (b) for all tribes and tribal organizations for such fiscal 
year. 
"(h)(1) Notwithstanding any other provision of this section, the 
amount of the grants provided under this section for fiscal year 1989 
shall— 
"(A) in lieu of being determined under subsection (b), be 
determined for each tribal elementary or secondary educational 
program on the same basis that indirect costs were determined 
for such programs for fiscal year 1988, and 
"(B) be subject to the provisions of subsection (d). 
"(2) Notwithstanding any other provision of this section, the 
amount of the grant provided under this section for fiscal year 1990 
with respect to each tribal elementary and secondary educational 
program that was operated by a tribe or tribal organization in fiscal 
year 1989 shall be equal to— 
"(A) if the amount of the grant determined under subsection 
(b) for fiscal year 1990 with respect to such program exceeds the 
amount received by the tribe or tribal organization with respect 
to such program for administrative costs for fiscal year 1988 (or 
fiscal year 1989 if such program was not operated by the tribe or 
tribal organization during fiscal year 1988), the sum of— 
"(i) such amount received, plus 
"(ii) one-third of the excess of— 
"(I) such amount determined under subsection (b), 
over 
"(II) such amount received, or 
"(B) if such amount received exceeds such amount determined 
under subsection (b), the excess of— 
"(i) such amount received, over 
"(ii) an amount equal to one-third of the excess of— 
"(I) such amount received, over 
"(II) such amount determined under subsection (b). 
"(3) Notwithstanding any other provision of this section, the 
amount of the grants provided under this section for fiscal year 1991 
with respect to each tribal elementary and secondary educational 
program that was operated by a tribe or tribal organization in fiscal 
year 1989 shall be equal to— 
"(A) if the amount of the grant determined under subsection 
(b) for fiscal year 1991 with respect to such program exceeds the 
amount received by the tribe or tribal organization with respect 
to such program for administrative costs for fiscal year 1990, the 
sum of— 
"(i) such amount received, plus 
"(ii) one-half of the excess of— 
"(I) such amount determined under subsection (b), 
over 
"(II) such amount received, or 
"(B) if such amount received exceeds such amount determined 
under subsection (b), the excess of— 
"(i) such amount received, over 
"(ii) an amount equal to one-half of the excess of— 
"(I) such amount received over, 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 375 
"(ID such amount determined under subsection (b).". 
(b) SCHOOL BOARD TRAINING.—Paragraph (3) of section 1128(c) of 
the Education Amendments of 1978 (20 U.S.C. 2008(c)(3)) is amended 
25 USC 2008. 
to read as follows: 
"(3)(A) The Secretary shall reserve for national school board 
training 0.133 percent of the funds appropriated for each fiscal year 
for distribution under this section. Such training shall be conducted 
through the same organizations through which, and in the same 
manner in which, the training was conducted in fiscal year 1986. If Contracts, 
the contract for such training is not awarded before May 1 of each 
fiscal year, the contract under which such training was provided for 
the fiscal year preceding such fiscal year shall be renewed by the 
Secretary for such fiscal year. The agenda for the training sessions 
shall be established by the school boards through their regional or 
national organizations. 
"(B) For each year in which the Secretary uses a weighted unit 
formula established under subsection (a) to fund Bureau schools, a 
Bureau school which generates less than 168 weighted units shall 
receive an additional 2 weighted units to defray school board 
activities. 
"(C) From the funds allotted in accordance with the formula 
established under subsection (a) for each Bureau school, the local 
school board of such school may reserve an amount which does not 
exceed the greater of— 
"(i) $4,000, or 
"(ii) 2 percent of such allotted funds, 
for school board activities for such school, including but not limited 
to, and notwithstanding any other provision of law, meeting ex-
penses and the cost of membership in, and support of, organizations 
engaged in activities on behalf of Indian education.". 
(c) PERCENTAGE OF FUNDS NOT SUBJECT TO FISCAL YEAR LIMITA-
TION.—Section 1128 of the Education Amendments of 1978 (20 U.S.C. 
2008) is amended by adding at the end thereof the following new 25 USC 2008. 
subsection: 
"(h) At the election of the local school board made at any time 
during the fiscal year, a portion equal to no more than 15 percent of 
the funds allocated with respect to a school under this section for 
any fiscal year shall remain available to the school for expenditure 
without fiscal year limitation.". 
SEC. 5109. LOCAL PROCUREMENT. 
Paragraph (4) of section 1129(a) of the Education Amendments of 
1978 (25 U.S.C. 2009) is amended to read as follows: 
"(4) Notwithstanding any law or regulation, the supervisor of a 
Bureau school may expend an aggregate of no more than $25,000 of 
the amount allotted the school under section 1128 to acquire sup-
plies and equipment for the school without competitive bidding i
f
— 
"(A) the cost for any single item purchased does not exceed 
$10,000; 
"(B) the school board approves the procurement; 
"(C) the supervisor certifies that the cost is fair and 
reasonable; 
"(D) the documents relating to the procurement executed by 
the supervisor or other school staff cite this paragraph as 
authority for the procurement; and 
"(E) the transaction is documented in a journal maintained at 
the school clearly identifying when the transaction occurred, 
102 STAT. 376 
PUBLIC LAW 100-297—APR. 28, 1988 
what was acquired and from whom, the prices paid, the quan-
tities acquired, and any other information the supervisor or 
school board considers relevant.". 
SEC. 5110. COORDINATED PROGRAMS. 
Section 1129 of the Education Amendments of 1978 (25 U.S.C. 
2009) is amended by adding at the end thereof the following new 
subsection: 
Contracts. 
"(f)(1) From funds allotted to a school under section 1128, the 
Secretary shall, if specifically requested by the tribal governing body 
(within the meaning of section 1121(j)) whose children are served by 
a program operated by the Bureau, implement any cooperative 
agreement entered into between the tribe, the Bureau school board, 
and the local public school district which meets the requirements of 
paragraph (2) and involves education programs operated by the 
Bureau. The tribe, the Bureau school board, and the local public 
school district shall determine the terms of the agreement. Such 
agreement may encompass coordination of all or any part of the 
following: 
"(A) Academic program and curriculum, if a facility operated 
by the Bureau which is currently accredited by a State or 
regional accrediting entity would continue to be accredited. 
"(B) Support services, including procurement and facilities 
maintenance. 
"(C) Transportation. 
"(2) Each agreement entered into pursuant to the authority pro-
vided in paragraph (1) shall confer a benefit upon the Bureau school 
commensurate with the burden assumed, though this requirement 
shall not be construed so as to require equal expenditures or an 
exchange of similar services.". 
SEC. 5111. CONSULTATION. 
Section 1130 of the Education Amendments of 1978 (25 U.S.C. 
2010) is amended— 
(1) by striking out "Bureau" the first time it appears and 
inserting in lieu thereof "the Secretary and the Bureau", 
(2) by striking out "It shall" and inserting in lieu thereof "(a) 
It shall", and 
(3) by adding at the end thereof the following new subsection: 
"(b)(1) All actions under this Act shall be done with active con-
sultation with tribes. 
"(2) The consultation required under paragraph (1) means a proc-
ess involving the open discussion and joint deliberation of all options 
with respect to potential issues or changes between the Bureau and 
all interested parties. During such discussions and joint delibera-
tions, interested parties (including, but not limited to, tribes and 
school officials) shall be given an opportunity to present issues 
including proposals regarding changes in current practices or pro-
grams which will be considered for future action by the Bureau. All 
interested parties shall be given an opportunity to participate and 
discuss the options presented or to present other alternatives, with 
the views and concerns of the interested parties given effect unless 
the Secretary determines, from information educed or presented 
during the discussions, that there is a substantial reason for another 
course of action. The Secretary shall submit to any Member of 
Congress, within 18 days of the receipt of a written request by such 
Member, a written explanation of any decision made by the Sec-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 377 
retary which is not consistent with the views of the interested 
parties.". 
SEC. .5112. INDIAN EMPLOYMENT PREFERENCE. 
(a) APPLICANTS.—Subsection (f)(1) of section 1131 of the Education 
Amendments of 1978 (25 U.S.C. 2011) is amended by striking out "an 
employee" and inserting in lieu thereof "an applicant or employee" 
(b) PROVIDERS OF SUPPORT SERVICES.— 
(1) Subparagraph (A) of section 1131(n)(l) of the Education 
Amendments of 1978 (25 U.S.C. 2011(n)(l)(A)) is amended— 
(A) by striking out "or" at the end of clause (ii), and 
(B) by adding at the end thereof the following new clause: 
"(iv) support services at, or associated with, the site 
of the school; or". 
(2) The amendments made by paragraph (1) shall apply with 
25 USC 2011 
respect to an individual who is employed by the Bureau of "
^
o
*
®
-
Indian Affairs of the Department of the Interior on the date of 
enactment of this Act only if such individual elects, in such 
form and at such time as the Secretary of the Interior may 
prescribe, the application of such amendments with respect to 
such individual. 
SEC. 5113. PERSONNEL COMPENSATION, RECRUITMENT, AND RETENTION 
25 USC 2011 
STUDIES. 
note 
(a) IN GENERAL.—The Secretary shall conduct such studies and 
Reports, 
gather such information as may be necessary to prepare a report 
that the Secretary shall submit to the Congress by no later than the 
date that is 6 months after the date of enactment of this Act. The 
report shall compare personnel compensation in Bureau funded 
schools with— 
(1) nearest public schools that— 
(A) have successful educational programs, and 
(B) are comparable in size, geographic location, grade 
levels, and student population characteristics to Bureau 
funded schools, and 
(2) schools operated within the United States by the Depart-
ment of Defense. 
(b) INCLUSIONS.—The report required under subsection (a) shall 
include— 
(1) detailed information on the current salaries and personnel 
benefits for comparable positions in the Bureau funded schools 
and the schools described in paragraphs (1) and (2) of subsection 
(a), 
(2) a comparison of starting salaries, tenure, length of service, 
educational and certification requirements, length of work year 
and work day, and fringe benefits between Bureau funded 
schools and the schools described in paragraphs (1) and (2) of 
subsection (a), 
(3) a projection of the compensation factors described in para-
graphs (1) and (2) for Bureau funded schools and the schools 
described in paragraphs (1) and (2) of subsection (a) over the 
next five years, and 
(4) such additional information and analysis as the Secretary 
deems appropriate. 
(c) FUNDING AND STAFF.— 
(1) The cost of the studies and the report required under 
subsection (a) (including, but not limited to, costs for all con-
102 STAT. 378 
PUBLIC LAW 100-297—APR. 28, 1988 
tracts, travel, and staff assigned to the study) shall be paid from 
amounts appropriated to the Bureau's Management and 
Administration subactivity of the General Administration activ-
ity, except that the salaries and personnel benefits of employees 
detailed to the study from the Office of Indian Education of the 
Bureau may continue to be charged to the amounts appro-
priated to the Bureau's Education account. 
(2) If the Secretary does not conduct the studies required 
under subsection (a) by contract, the staff detailed to work on 
the studies and report required under subsection (a) shall in-
clude not less than two career employees from the Office of 
Indian Education of the Bureau who have substantial experi-
ence in the administration (at the level of an agency office) of 
school operations and in the drafting of personnel regulations, 
including but not limited to those under this Act. 
(d) CONTRACTS.—The Secretary may conduct part or all of the 
studies required under subsection (a) through contracts entered into 
with one or more Indian education organizations. 
(e) ADDITIONAL STUDIES.—The Secretary shall conduct such other 
studies of personnel compensation and recruitment in Bureau 
funded and public schools as are desirable in carrying out the 
purposes of title 11 of the Education Amendments of 1978. 
(f) DEFINITIONS.—For purposes of this section— 
(1) The term "Secretary" means the Secretary of the Interior. 
(2) The term "Bureau" means the Bureau of Indian Affairs of 
the Department of the Interior. 
SEC. .5114. REGULAR 
COMPENSATION 
OF 
BUREAU 
EDUCATORS; 
NONVOLUNTARY FURLOUGHS. 
(a) COMPENSATION.—Paragraph (1) of section 1131(h) of the Edu-
cation Amendments of 1978 (25 U.S.C. 2011(h)(1)) is amended— 
(1) by inserting "or on the basis of the Federal Wage System 
schedule in effect for the locality" after "is applicable", 
(2) by striking out "The Secretary shall" and inserting in lieu 
thereof "(A) Except as otherwise provided in this section, the 
Secretary shall", and 
(3) by adding at the end thereof the following new subpara-
graphs: 
"(B) By no later than the close of the 6-month period begin-
ning on the date of enactment of the Indian Education Amend-
ments of 1988, the Secretary shall establish, for contracts for 
the 1991-1992 academic year, and thereafter, the rates of basic 
compensation, or annual salary rates, for the positions of teach-
ers and counselors (including dormitory counselors and home-
living counselors) at the rates of basic compensation applicable 
(on the date of enactment of such Amendments and thereafter) 
to comparable positions in overseas schools under the Defense 
Department Overseas Teachers Pay and Personnel Practices 
Act, unless the Secretary establishes such rates within such 
6-month period through collective bargaining with the appro-
priate union representative of the education employees that is 
recognized by the Bureau. 
"(C) By no later than the close of the 6-month period de-
scribed in subparagraph (B), the Secretary shall establish the 
rates of basic compensation or annual salary rates for the 
positions of teachers and counselors (including dormitory and 
home-living counselors)— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 379 
"(i) for contracts for the 1989-1990 academic year, at 
rates which reflect one-third of the changes in the rates 
applicable to such positions on the date of enactment of the 
Indian Education Amendments of 1988 that must be made 
to conform the rates to the rates established under subpara-
graph (B) for such positions for contracts for the 1991-1992 
academic year, and 
"(ii) for contracts for the 1990-1991 academic year, at 
rates which reflect two-thirds of such changes. 
"(D) The establishment of rates of beisic compensation and 
annual salary rates by the Secretary under subparagraphs (B) 
and (C) shall not preclude the use of regulations and procedures 
used by the Bureau before the enactment of the Indian Edu-
cation Amendments of 1988 in making determinations regard-
ing promotions and advancements through levels of pay that 
are based on the merit, education, experience, or tenure of the 
educator. 
"(E)(i) Except as provided in clause (ii), the establishment of 
rates of basic compensation and annual salary rates by the 
Secretary under subparagraphs (B) and (C) shall not affect the 
continued employment or compensation of any individual em-
ployed in an education position on the day before the date of 
; 
enactment of the Indian Education Amendments of 1988 if this 
paragraph did not apply to such individual on such day. 
"(ii) Any individual described in clause (i) may, during 
the 5-year period beginning on the date on which the Secretary 
establishes rates of basic compensation and annual salary rates 
under subparagraph (B), make an irrevocable election to have 
the basic compensation rate or annual salary rate of such 
individual determined in accordance with this paragraph. 
"(iii) If an individual makes the election described in clause 
(ii), such election shall not affect the application to the individ-
ual of the same retirement system and leave system that applies 
to the individual during the fiscal year preceding the fiscal year 
in which such election is made. 
"(F) The President shall include with the budget submitted 
President of U.S. 
under section 1105 of title 31, United States Code, for each of 
the fiscal years 1990, 1991, and 1992 a written statement by the 
Secretary which specifies— 
"(i) the amount of funds the Secretary needs to pay basic 
compensation and the annual salaries of educators for such 
fiscal year, and 
"(ii) the amount of funds the Secretary estimates would 
be needed to pay basic compensation and the annual sala-
ries of educators for such fiscal year if the amendments 
made to this paragraph by the Indian Education Amend-
ments of 1988 had not been enacted.". 
Ot)) FURLOUGHS.—Section 1131 of the Education Amendments of 
1978 (20 U.S.C. 2011) is amended by adding at the end thereof the 
following new subsection: 
"(pXD No educator whose basic compensation is paid from funds 
allocated under section 1128 may be placed on furlough (within the 
meaning of section 7511(aX5) of title 5, United States Code) without 
the consent of such educator for an aggregate of more than 4 weeks 
within the same calendar year, unless— 
"(A) the supervisor, with the approval of the local school 
board (or of the agency superintendent for education upon 
1<t-1<U O — a i — P a r t 1 
14 • OT, 3 
102 STAT. 380 
PUBLIC LAW 100-297—APR. 28, 1988 
appeal under paragraph (2)), of the Bureau school at which such 
educator provides services determines that a longer period of 
furlough is necessary due to a shortage of funds, and 
"(B) all educators (other than principals and clerical em-
ployees) providing services at such Bureau school are placed on 
furloughs of equal length. 
"(2) The supervisor of a Bureau school may appeal to the appro-
priate agency superintendent for education any refusal by the local 
school board to approve any determination of the supervisor that is 
described in paragraph (1)(A) by filing a written statement describ-
ing the determination and the reasons the supervisor believes such 
determination should be approved. A copy of such statement shall 
be submitted to the local school board and such board shall be 
afforded an opportunity to respond, in writing, to such appeal. After 
reviewing such written appeal and response, the superintendent 
may, for good cause, approve the determination of the supervisor. 
The superintendent shall transmit the determination of such appeal 
in the form of a written opinion to such local school board and to 
the supervisor identifying the reasons for approving such deter-
mination.". 
SEC. 5115. POST DIFFERENTIALS. 
Paragraph (3) of section 1131(h) of the Education Amendments of 
1978 (25 U.S.C. 2011(h)(3)) is amended— 
(1) by striking out "The Secretary" and inserting in lieu 
thereof "(A) The Secretary", and 
(2) by adding at the end thereof the following new subpara-
graph: 
"(B)(i) Upon the request of the supervisor and the local school 
board of a Bureau school, the Secretary shall grant the supervisor of 
the school authorization to provide one or more post differentials 
under subparagraph (A) unless the Secretary determines for clear 
and convincing reasons (and advises the board in writing of those 
reasons) that certain of the requested post differentials should be 
disapproved or decreased because there is no disparity of compensa-
tion for the involved employees or positions in the Bureau school, as 
compared with the nearest public school, that is either— 
"(I) at least 5 percent, or 
"(II) less than 5 percent and affects the recruitment or reten-
tion of employees at the school. 
The request under this subparagraph shall be deemed granted £is 
requested at the end of the 60th day after the request is received in 
the Central Office of the Bureau unless before that time it is 
approved, approved with modification, or disapproved by the Sec-
retary. 
"(ii) The Secretary or the supervisor of a Bureau school may 
discontinue or decrease a post differential authorized by reason of 
this subparagraph at the beginning of a school year after either— 
"(I) the local school board requests that it be discontinued or 
decreased, or 
"(II) the Secretary or the supervisor determines for clear and 
convincing reasons (and advises the board in writing of those 
reasons) that there is no disparity of compensation that would 
affect the recruitment or retention of employees at the school 
after the differential is discontinued or decreased. 
Reports. 
"(iii) On or before February 1 of each year, the Secretary shall 
submit to Congress a report describing the requests and grants of 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 381 
authority under this subparagraph during the previous fiscal year 
and listing the positions contracted under those grants of 
authority.". 
SEC. .5116. EARLY CHILDHOOD DEVELOPMENT PROGRAM, 
Title XI of the Education Amendments of 1978 is amended— 
(1) by striking out part C, and 
20 USC 241aa 
(2) by adding at the end of part B the following new section: note, 24lbb-l. 
"EARLY CHILDHOOD DEVELOPMENT PROGRAM 
"SEC. 1141. (a) The Secretary shall provide grants to tribes, tribal Grants, 
organizations, and consortia of tribes and tribal organizations to 25 USC 2022a. 
fund early childhood development programs that are operated by 
such tribes, organizations, or consortia. 
"(b)(1) The total amount of the grants provided under subsection 
(a) with respect to each tribe, tribal organization, or consortium of 
tribes or tribal organizations for each fiscal year shall be equal to 
the amount which bears the same relationship to the total amount 
appropriated under the authority of subsection (f) for such fiscal 
year (less amounts provided under subsection (e)) as— 
"(A) the total number of children under 6 years of age who 
are members of— 
"(i) such tribe, 
"(ii) the tribe that authorized such tribal organization, or 
"(iii) any tribe that— 
"(I) is a member of such consortium, or 
"(II) authorizes any tribal organization that is a 
member of such consortium, bears to 
"(B) the total number of all children under 6 years of age who 
are members of any tribe that— 
"(i) is eligible to receive funds under subsection (a), 
"(ii) is a member of a consortium that is eligible to receive 
such funds, or 
"(iii) authorizes a tribal organization that is eligible to 
receive such funds. 
"(2) No grant may be provided under subsection (a)— 
"(A) to any tribe that has less than 500 members, 
"(B) to any tribal organization which is authorized— 
"(i) by only one tribe that has less than 500 members, or 
"(ii) by one or more tribes that have a combined total 
membership of less than 500 members, or 
"(C) to any consortium composed of tribes, or tribal organiza-
tions authorized by tribes, that have a combined total tribal 
membership of less than 500 members. 
"(cXD A grant may be provided under subsection (a) to a tribe, 
tribal organization, or consortia of tribes and tribal organizations 
only if the tribe, organization or consortia submits to the Secretary 
an application for the grant at such time and in such form as the 
Secretary shall prescribe. 
"(2) Applications submitted under paragraph (1) shall set forth the 
early childhood development program that the applicant desires to 
operate. 
"(d) The early childhood development programs that are funded 
by grants provided under subsection (a)— 
"(1) shall coordinate existing programs and may provide serv-
ices that meet identified needs of parents and children under 6 
102 STAT. 382 
PUBLIC LAW 100-297—APR. 28, 1988 
years of age which are not being met by existing programs, 
including— 
"(A) prenatal care, 
"(B) nutrition education, 
"(C) health education and screening, 
"(D) educational testing, and 
"(E) other educational services, 
"(2) may include instruction in the language, art, and culture 
of the tribe, and 
"(3) shall provide for periodic assessment of the program. 
"(e) The Secretary shall, out of funds appropriated under the 
authority of subsection (f), include in the grants provided under 
subsection (a) amounts for administrative costs incurred by the tribe 
or tribal organization in establishing and maintaining the early 
childhood development program. 
Appropriation 
"(f) There are authorized to be appropriated for fiscal year 1989, 
authorization. 
and for each succeeding fiscal year, $15,000,000 for the purpose of 
carrying out the provisions of this section.". 
SEC. 5117. DEFINITIONS. 
Section 1139 of the Education Amendments of 1978 (25 U.S.C. 
2019) is amended— 
(1) by striking out paragraph (3) and inserting in lieu thereof 
the following: 
"(3) the term 'Bureau funded school' means— 
"(A) a Bureau school; 
"(B) a contract school; or 
"(C) a school for which assistance is provided under the 
Tribally Controlled Schools Act of 1988;", 
(2) by redesignating paragraphs (4) through (10) as paragraphs 
(6) through (12), respectively, and 
(3) by inserting after paragraph (3) the following new para-
graphs: 
"(4) the term 'Bureau school' means a Bureau operated ele-
mentary or secondary day or boarding school or a Bureau 
operated dormitory for students attending a school other than a 
Bureau school; 
"(5) the term 'contract school' means an elementary or 
secondary school or a dormitory which receives financial assist-
ance for its operation under a contract or agreement with the 
Bureau under section 102, 104(1), or 208 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450f, 
450h(l), and 458d);". 
SEC. 5118. SEQUESTRATION ORDERS. 
Subsection (a) of section 1129 of the Education Amendments of 
1978 (25 U.S.C. 2009(a)) is amended by adding at the end thereof the 
following new paragraph: 
"(5) If a sequestration order issued under the Balanced Budget 
and Emergency Deficit Control Act of 1985 reduces the amount of 
funds available for allotment under section 1128 for any fiscal year 
by more than 7 percent of the amount of funds available for 
allotment under section 1128 during the preceding fiscal year— 
"(A) the Secretary may, notwithstanding any other provision 
of law, use— 
"(i) funds appropriated for the operation of any Bureau 
school that is closed or consolidated, and 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 383 
"(ii) funds appropriated for any program that has been 
curtailed at any Bureau school, 
to fund allotments made under section 1128, and 
"(B) the Secretary may waive the application of the provisions 
of section 1121(g) with respect to the closure or consolidation of 
a school, or the curtailment of a program at a school, during 
such fiscal year if the funds described in clauses (i) and (ii) of 
subparagraph (A) with respect to such school are used to fund 
allotments made under section 1128 for such fiscal year.". 
SEC. 5119. TRIBAL DEPARTMENTS OF EDUCATION. 
Grants. 
Part B of title XI of the Education Amendments of 1978 is 
amended by adding at the end thereof the following new section: 
"TRIBAL DEPARTMENTS OF EDUCATION 
"SEC. 1142. (a) Subject to the availability of appropriations, the 
25 USC 2022b. 
Secretary shall provide grants and technical assistance to tribes for 
the development emd operation of tribal departments of education 
for the purpose of planning and coordinating all educational pro-
grams of the tribe. 
"(b) Grants provided under this section shall— 
"(1) be based on applications from the governing body of the 
tribe, 
"(2) reflect factors such as geographic and population 
diversity, 
"(3) facilitate tribal control in all matters relating to the 
education of Indian children on Indian reservations and on 
former Indian reservations in Oklahoma, 
"(4) provide for the development of coordinated educational 
programs on Indian reservations (including all preschool, 
elementary, secondary, and higher or vocational educational 
programs funded by tribal, Federal, or other sources) by 
encouraging tribal administrative support of all Bureau funded 
educational programs as well as encouraging tribal cooperation 
and coordination with all educational programs receiving finan-
cial support from State agencies, other Federal agencies, or 
private entities, 
"(5) provide for the development and enforcement of tribal 
educational codes, including tribal educational policies and 
tribal standards applicable to curriculum, personnel, students, 
facilities, and support programs, and 
"(6) otherwise comply with regulations for grants under sec-
tion 104(a) of the Indian Self-Determination and Educational 
Assistance Act (25 U.S.C. 450h) that are in effect on the date 
application for such grants are made. 
"(c)(1) In approving and funding applications for grants under this 
section, the Secretary shall give priority to any application that— 
"(A) includes assurances from the majority of Bureau funded 
schools located within the boundaries of the reservation of the 
applicant that the tribal department of education to be funded 
under this section will provide coordinating services and tech-
nical assistance to all of such schools, including (but not limited 
to) the submission to each applicable agency of a unified 
application for funding for all of such schools which provides 
that— 
102 STAT. 384 
PUBLIC LAW 100-297—APR. 28, 1988 
"(i) no administrative costs other than those attributable 
to the individual programs of such schools will be associated 
with the unified application, and 
"(ii) the distribution of all funds received under the uni-
fied application will be equal to the amount of funds pro-
vided by the applicable agency to which each of such 
schools is entitled under law, 
"(B) includes assurances from the tribal governing body that 
the tribal department of education funded under this section 
will administer all contracts or grants (except those covered by 
the other provisions of this title and the Tribally Controlled 
Community College Assistance Act of 1978) for education pro-
grams administered by the tribe and will coordinate all of the 
programs to the greatest extent possible, 
"(C) includes assurances for the monitoring and auditing by 
or through the tribal department of education of all education 
programs for which funds are provided by contract or grant to 
ensure that the programs meet the requirements of law, and 
"(D) provides a plan and schedule for— 
"(i) the assumption over the term of the grant by the 
tribal department of education of all assets and functions of 
the Bureau agency office associated with the tribe, insofar 
as those responsibilities relate to education, and 
"(ii) the termination by the Bureau of such operations 
and office at the time of such assumption, 
but when mutually agreeable between the tribal governing body 
and the Assistant Secretary, the period in which such assump-
tion is to occur may be modified, reduced, or extended after the 
initial year of the grant. 
"(2) Subject to the availability of appropriated funds, grants pro-
vided under this section shall be provided for a period of 3 years and 
the grant may, if performance by the grantee is satisfactory to the 
Secretary, be renewed for additional 3-year terms. 
"(d) The Secretary shall not impose any terms, conditions, or 
requirements on the provision of grants under this section that are 
not specified in this section. 
Appropriation 
"(e) There are authorized to be appropriated for each fiscal year 
authorization. 
gycji sums £is may be necessary to carry out the provisions of this 
section.". 
SEC. 5120. SCHOOL BOUNDARIES. 
Subsection (b) of section 1124 of the Education Amendments of 
1978 (25 U.S.C. 2004(b)) is amended— 
(1) by striking out "On or after" and inserting in lieu thereof 
"(1) Except as provided in paragraph (2), on or after", and 
(2) by adding at the end thereof the following new paragraph: 
"(2) In any case where there is more than one Bureau funded 
school located on an Indian reservation, at the direction of the tribal 
governing body, the relevant school boards of the Bureau funded 
schools on the reservation may, by mutual consent, establish the 
relevant attendance areas for such schools, subject to the approval 
of the tribal governing body. Any such boundaries so established 
shall be accepted by the Secretary.". 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 385 
PART B—TRIBALLY CONTROLLED SCHOOL GRANTS 
Tribally 
^ 
Controlled 
SEC. 5201. SHORT TITLE. 
1988°^^ ^^^ °^ 
This part may be cited as the "Tribally Controlled Schools Act of 25 USC 2501 
1988". 
note. 
SEC. 5202. FINDINGS. 
25 USC 2501. 
The Congress, after careful review of the Federal Government's 
historical and special legal relationship with, and resulting respon-
sibilities to, Indians, finds that— 
(1) the Indian Self-Determination and Education Assistance 
Act, which was a product of the legitimate aspirations and a 
recognition of the inherent authority of Indian nations, was and 
is a crucial positive step towards tribal and community control; 
(2) the Bureau of Indian Affairs' administration and domina-
tion of the contracting process under such Act has not provided 
the full opportunity to develop leadership skills crucial to the 
realization of self-government, and has denied to the Indian 
people an effective voice in the planning and implementation of 
programs for the benefit of Indians which are responsive to the 
true needs of Indian communities; 
(3) Indians will never surrender their desire to control their 
relationships both among themselves and with the non-Indian 
governments, organizations, and persons; 
(4) true self-determination in any society of people is depend-
ent upon an educational process which will ensure the develop-
ment of qualified people to fulfill meaningful leadership roles; 
(5) the Federal administration of education for Indian chil-
dren has not effected the desired level of educational achieve-
ment nor created the diverse opportunities and personal 
satisfaction which education can and should provide; 
(6) true local control requires the least possible Federal inter-
ference; and 
(7) the time has come to enhance the concepts made manifest 
in the Indian Self-Determination and Education Assistance Act. 
SEC. 5203. DECLARATION OF POLICY. 
25 USC 2502. 
(a) RECOGNITION.—The Congress recognizes the obligation of the 
United States to respond to the strong expression of the Indian 
people for self-determination by assuring maximum Indian partici-
pation in the direction of educational services so as to render such 
services more responsive to the needs and desires of those commu-
nities. 
(b) COMMITMENT.—The Congress declares its commitment to the 
maintenance of the Federal Government's unique and continuing 
trust relationship with and responsibility to the Indian people 
through the establishment of a meaningful Indian self-determina-
tion policy for education which will deter further perpetuation of 
Federal bureaucratic domination of programs. 
(c) NATIONAL GOAL.—The Congress declares that a major national 
goal of the United States is to provide the resources, processes, and 
structures which will enable tribes and local communities to effect 
the quantity and quality of educational services and opportunities 
which will permit Indian children to compete and excel in the life 
areas of their choice, and to achieve the measure of self-determina-
tion essential to their social and economic well-being. 
102 STAT. 386 
PUBLIC LAW 100-297—APR. 28, 1988 
(d) EDUCATIONAL NEEDS.—The Congress affirms the reality of the 
special and unique educational needs of Indian peoples, including 
the need for programs to meet the linguistic and cultural aspira-
tions of Indian tribes and communities. These may best be met 
through a grant process. 
(e) FEDERAL RELATIONS.—The Congress declares its commitment to 
these policies and its support, to the full extent of its responsibility, 
for Federal relations with the Indian Nations. 
(f) TERMINATION.—The Congress hereby repudiates and rejects 
House Concurrent Resolution 108 of the 83rd Congress and any 
policy of unilateral termination of Federal relations with any Indian 
Nation. 
25 u s e 2503. 
SEC. .5204. GRANTS AUTHORIZED. 
(a) IN GENERAL.— 
(1) The Secretary shall provide grants to Indian tribes, and 
tribal organizations, that— 
(A) operate tribally controlled schools which are eligible 
for assistance under this part, and 
(B) submit to the Secretary applications for such grants. 
(2) Grants provided under this part shall be deposited into the 
general operating fund of the tribally controlled school with 
respect to which the grant is provided. 
(3)(A) Except as otherwise provided in this paragraph, grants 
provided under this part shall be used to defray, at the discre-
tion of the school board of the tribally controlled school with 
respect to which the grant is provided, any expenditures for 
education-related activities for which any funds that compose 
the grant may be used under the laws described in section 
5205(a), including but not limited to, expenditures for— 
(i) school operations, academic, educational, residential, 
guidance and counseling, and administrative purposes, and 
(ii) support services for the school, including transpor-
tation. 
(B) Grants provided under this part may, at the discretion of 
the school board of the tribally controlled school with respect to 
which such grant is provided, be used to defray operation and 
maintenance expenditures for the school if any funds for the 
operation and maintenance of the school are allocated to the 
school under the provisions of any of the laws described in 
section 5205(a), 
(C) If funds allocated to a tribally controlled school under 
chapter 1 of title I of the Elementary and Secondary Education 
Act of 1965, the Education of the Handicapped Act, or any 
Federal education law other than title XI of the Education 
Amendments of 1978 are included in a grant provided under 
this part, a portion of the grant equal to the amount of the 
funds allocated under such law shall be expended only for those 
activities for which funds provided under such law may be 
expended under the terms of such law. 
(b) LIMITATIONS.— 
(1) No more than one grant may be provided under this part 
with respect to any Indian tribe or tribal organization for any 
fiscal year. 
(2) Funds provided under any grant made under this part may 
not be used in connection with religious worship or sectarian 
instruction. 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 387 
(3) Funds provided under any grant made under this part may 
not be expended for administrative costs (as defined under 
section 1128A(e)(l) of the Education Amendments of 1978) in 
excess of the amount generated for such costs under section 
1128AofsuchAct. 
(c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOLSITES.— 
(1) In the case of a grantee which operates schools at more 
than one schoolsite, the grantee may expend no more than the 
lesser of— 
(A) 10 percent of the funds allocated for a schoolsite 
under section 1128 of the Education Amendments of 1978, 
or 
(B) $400,000 of such funds, 
at any other schoolsite. 
(2) For purposes of this subsection, the term "schoolsite" 
means the physical location and the facilities of an elementary 
or secondary educational or residential program operated by, or 
under contract with, the Bureau for which a discreet student 
count is identified under the funding formula established under 
section 1128 of the Education Amendments of 1978. 
(d) No REQUIREMENT TO ACCEPT GRANTS.—Nothing in this part 
may be construed— 
(1) to require a tribe or tribal organization to apply for or 
accept, or 
(2) to allow any person to coerce any tribe or tribal organiza-
tion into applying for, or accepting, 
a grant under this part to plan, conduct, and administer all of, or 
any portion of, any Bureau program. Such applications, and the 
timing of such applications, shall be strictly voluntary. Nothing in 
this part may be construed as allowing or requiring any grant with 
any entity other than the entity to which the grant is provided. 
(e) No 
EFFECT ON FEDERAL RESPONSIBIUTY.—Grants provided 
under this part shall not terminate, modify, suspend, or reduce the 
responsibility of the Federal Government to provide a program. 
(f) RETROCESSION.—Whenever an Indian tribe requests retroces-
sion of any program for which assistance is provided under this part, 
such retrocession shall become effective upon a date specified by the 
Secretary not more than 120 days after the date on which the tribe 
requests the retrocession, or such later date as may be mutually 
agreed upon by the Secretary and the tribe. If such a program is 
retroceded, the Secretary shall provide to any Indian tribe served by 
such program at least the same quantity and quality of services that 
would have been provided under such program at the level of 
funding provided under this part prior to the retrocession. 
(g) No TERMINATION FOR ADMINISTRATIVE CONVENIENCE.—Grants 
provided under this Act may not be terminated, modified, sus-
pended, or reduced only for the convenience of the administering 
agency. 
SEC. 5205. COMPOSITION OF GRANTS. 
25 USC 2504. 
(a) IN GENERAL.—The grant provided under this part to an Indian 
tribe or tribal organization for any fiscal year shall consist o
f
— 
(1) the total amount of funds allocated for such fiscal year 
under sections 1128 and 1128 
A of the Education Amendments of 
1978 with respect to the tribally controlled schools eligible for 
assistance under this part that are operated by such Indian 
tribe or tribal organization, including, but not limited to, funds 
102 STAT, 388 
PUBLIC LAW 100-297—APR. 28, 1988 
provided under such sections, or under any other provision of 
law, for transportation costs, 
(2) to the extent requested by such Indian tribe or tribal 
organization, the total amount of funds provided from oper-
ations and maintenance accounts and other facilities accounts 
for such schools for such fiscal year under section 1126(d) of the 
Education Amendments of 1978 or under any other law, and 
(3) the total amount of funds provided under— 
(A) chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965, 
(B) the Education of the Handicapped Act, and 
(C) any other Federal education law, 
that are allocated to such schools for such fiscal year, 
(b) SPECIAL RULES.— 
(1) In the allocation of funds under sections 1128, 1128A, and 
1126(d) of the Education Amendments of 1978, tribally con-
trolled schools for which grants are provided under this part 
shall be treated as contract schools. 
(2) In the allocation of funds provided under— 
(A) chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965, 
(B) the Education of the Handicapped Act, and 
(C) any other Federal education law, 
that are distributed through the Bureau, tribally controlled 
schools for which grants are provided under this part shall be 
treated as Bureau schools. 
(3)(A) Funds allocated to a tribally controlled school by reason 
of paragraph (1) or (2) shall be subject to the provisions of this 
part and shall not be subject to any additional restriction, 
priority, or limitation that is imposed by the Bureau with 
respect to funds provided under— 
(i) title I of the Elementary and Secondary Education Act 
of 1965, 
(ii) the Education of the Handicapped Act, or 
(iii) any Federal education law other than title XI of the 
Education Amendments of 1978. 
(B) Indian tribes and tribal organizations to which grants are 
provided under this part, and tribally controlled schools for 
which such grants are provided, shall not be subject to any 
requirements, obligations, restrictions, or limitations imposed 
by the Bureau that would otherwise apply solely by reason of 
the receipt of funds provided under any law referred to in 
clause (i), (ii), or (iii) of subparagraph (A). 
25 use 2505. 
SEC. 5206. ELIGIBILITY FOR GRANTS. 
(a) IN GENERAL.— 
(1) A tribally controlled school is eligible for assistance under 
this part if the school— 
(A) w£is, on the date of enactment of this Act, a school 
which received funds under the authority of the Indian 
Self-Determination and Education Assistance Act (25 U.S.C. 
450, et seq.), 
t 
(B) WEis a school operated (as either an elementary or 
secondary school or a combined program) by the Bureau 
~
~
~ 
and has met the requirements of subsection (b), 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 389 
(C) is a school for which the Bureau has not provided 
funds, but which h£is met the requirements of subsection (c), 
or 
(D) is a school with respect to which an election has been 
made under paragraph (2) and which has met the require-
ments of subsection (b). 
(2) Any application which has been submitted under the 
Indian Self-Determination and Education Assistance Act by an 
Indian tribe for a school which is not in operation on the date of 
enactment of this Act shall be reviewed under the guidelines 
and regulations for applications submitted under the Indian 
Self-Determination and Education Assistance Act that were in 
effect at the time the application was submitted, unless the 
Indian tribe or tribal organization elects to have the application 
reviewed under the provisions of subsection (b). 
(b) ADDITIONAL REQUIREMENTS FOR BUREAU SCHOOLS AND CERTAIN 
ELECTING SCHOOLS.— 
(1) Any school that was operated as a Bureau school on the 
date of enactment of this Act, and any school with respect to 
^ which an election is made under subsection (a)(2), meets the 
requirements of this subsection i
f
— 
(A) the Indian tribe or tribal organization that operates, 
or desires to operate, the school submits to the Secretary an 
application requesting that the Secretary— 
(i) transfer operation of the school to the Indian tribe 
or tribal organization, if the Indian tribe or tribal 
organization is not already operating the school, and 
(ii) make a determination of whether the school is 
eligible for assistance under this part, and 
(B) the Secretary makes a determination that the school 
is eligible for assistance under this part. 
(2)(A) By no later than the date that is 120 days after the date 
on which an application is submitted to the Secretary under 
paragraph (1)(A), the Secretary shall determine— 
(i) if the school is not being operated by the Indian tribe 
or tribal organization, whether to transfer operation of the 
school to the Indian tribe or tribal organization, and 
(ii) whether the school is eligible for assistance under this 
part. 
(B) In considering applications submitted under paragraph 
(1)(A), the Secretary— 
(i) shall transfer operation of the school to the Indian 
tribe or tribal organization, if the Indian tribe or tribal 
organization is not already operating the school, and 
(ii) shall determine that the school is eligible for assist-
ance under this part, 
unless the Secretary finds by clear and convincing evidence that 
the services to be provided by the Indian tribe or tribal 
organization will be deleterious to the welfare of the Indians 
served by the school. 
(C) In considering applications submitted under paragraph 
(1)(A), the Secretary shall consider whether the Indian tribe or 
tribal organization would be deficient in operating the school 
with respect to— 
(i) equipment, 
(ii) bookkeeping and accounting procedures, 
(iii) substantive knowledge of operating the school. 
102 STAT. 390 
PUBLIC LAW 100-297—APR. 28, 1988 
(iv) adequately trained personnel, or 
(v) any other necessary components in the operation of 
the school. 
(c) ADDITIONAL REQUIREMENTS FOR SCHOOLS THAT HAVE NOT RE-
CEIVED BUREAU FUNDS.— 
(1) A school for which the Bureau has not provided funds 
meets the requirements of this subsection if— 
(A) the Indian tribe or tribal organization that operates, 
or desires to operate, the school submits to the Secretary an 
application requesting a determination by the Secretary of 
whether the school is eligible for assistance under this part, 
and 
(B) the Secretary makes a determination that the school 
is eligible for assistance under this part. 
(2)(A) By no later than the date that is 180 days after the date 
on which an application is submitted to the Secretary under 
paragraph (1)(A), the Secretary shall determine whether the 
school is eligible for assistance under this part. 
(B) In making the determination under subparagraph (A), the 
Secretary shall give equal consideration to each of the following 
factors: 
(i) with respect to the applicant's proposal— 
(I) the adequacy of facilities or the potential to obtain 
or provide adequate facilities; 
(II) geographic and demographic factors in the af-
fected areas; 
(III) adequacy of applicant's program plans; 
(IV) geographic proximity of comparable public edu-
cation; and 
(V) the needs as expressed by all affected parties, 
including but not limited to students, families, tribal 
governments at both the central and local levels, and 
school organizations; and 
(ii) with respect to all education services already avail-
able— 
(I) geographic and demographic factors in the af-
fected areas; 
(II) adequacy and comparability of programs already 
available; 
(III) consistency of available programs with tribal 
education codes or tribal legislation to education; and 
(IV) the history and success of these services for the 
proposed population to be served, as determined from 
all factors and not just standardized examination 
performance. 
(C) The Secretary may not make a determination under this 
paragraph that is primarily based upon the geographic proxim-
ity of comparable public education. 
(D) Applications submitted under paragraph (1)(A) shall in-
clude information on the factors described in subparagraph 
(B)(i), but the applicant may also provide the Secretary such 
information relative to the factors described in subparagraph 
(BXii) as the applicant considers appropriate. 
(E) If the Secretary fails to make a determination under 
subparagraph (A) with respect to an application within 180 days 
after the date on which the Secretary received the application, 
the Secretary shall be treated as having made a determination 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 391 
that the tribally controlled school is eligible for assistance 
under the title and the grant shall become effective 18 months 
after the date on which the Secretary received the application, 
or an earlier date, at the Secretary's discretion. 
(d) APPLICATIONS AND REPORTS.— 
(1) All applications and reports submitted to the Secretary 
under this part, and any amendments to such applications or 
reports, shall be filed with the agency or area education officer 
designated by the Director of the Office of Indian Education of 
the Department of Education. The date on which such filing 
occurs shall, for purposes of this part, be treated as the date on 
which the application or amendment is submitted to the 
Secretary. 
(2) Any application that is submitted under this part shall be 
accompanied by a document indicating the action taken by the 
tribal governing body in authorizing such application. 
(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS.—Except as pro-
vided in subsection (cX2XE), a grant provided under this part, and 
any transfer of the operation of a Bureau school made under 
subsection (b), shall become effective beginning with the academic 
year succeeding the fiscal year in which the application for the 
grant or transfer is made, or at an earlier date determined by the 
Secretary. 
(f) DENIAL OF APPUCATIONS.— 
(1) Whenever the Secretary declines to provide a grant under 
this part, to transfer operation of a Bureau school under subsec-
tion (b), or determines that a school is not eligible for assistance 
under this part, the Secretary shall— 
(A) state the objections in writing to the tribe or tribal 
organization within the allotted time, 
(B) provide assistance to the tribe or tribal organization 
to overcome all stated objections, 
(C) provide the tribe or tribal organization a hearing, 
under the same rules and regulations that apply under the 
Indian Self-Determination and Education Assistance Act, 
and 
(D) provide an opportunity to appeal the objection raised. 
(2) The Secretary shall reconsider any amended application 
submitted under this part within 60 days after the amended 
application is submitted to the Secretary. 
(g) REPORT.—The Bureau shall submit an annual report to the 
Congress on all applications received, and actions taken (including 
the costs associated with such actions), under this section at the 
same time that the President is required to submit to the Congress 
the budget under section 1105 of title 31, United States Code. 
SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION. 
25 USC 2506. 
(a) IN GENERAL.—If the Secretary determines that a tribally 
controlled school is eligible for assistance under this part, the 
eligibility determination shall remain in effect until the determina-
tion is revoked by the Secretary, and the requirements of subsection 
0)) or (c) of section 5206, if applicable, shall be considered to have 
been met with respect to such school until the eligibility determina-
tion is revoked by the Secretary. 
Ot)) ANNUAL REPORTS.—Each recipient of a grant provided under 
this part shall submit to the Secretary and to the tribal governing 
body (within the meaning of section 1121(j) of the Education Amend-
102 STAT. 392 
PUBLIC LAW 100-297—APR. 28, 1988 
ments of 1978) of the tribally controlled school an annual report that 
shall be limited to— 
(1) an annual financial statement reporting revenue and 
expenditures as defined by the cost accounting established by 
the grantee; 
(2) a biannual financial audit conducted pursuant to the 
standards of the Single Audit Act of 1984; 
(3) an annual submission to the Secretary of the number of 
students served and a brief description of programs offered 
under the grant; and 
(4) a program evaluation conducted by an impartial entity, to 
be based on the standards established for purposes of subsection 
(cXlXAXii). 
(c) REVOCATION OF ELIGIBILITY.— 
(IXA) The Secretary shall not revoke a determination that a 
school is eligible for assistance under this part i
f
— 
(i) the Indian tribe or tribal organization submits the 
reports required under subsection (b) with respect to the 
school, and 
(ii) at least one of the following subclauses applies with 
respect to the school: 
(I) The school is certified or accredited by a State or 
regional accrediting association as determined by the 
Secretary of Education, or is a candidate in good stand-
ing for such accreditation under the rules of the State 
or regional accrediting association, showing that cred-
its achieved by students within the education programs 
are, or will be, accepted at grade level by a State 
certified or regionally accredited institution. 
(II) A determination made by the Secretary that 
there is a reasonable expectation that the accreditation 
described in subclause (I), or the candidacy in good 
standing for such accreditation, will be reached by the 
school within 3 years and that the program offered by 
the school is beneficial to the Indian students. 
(III) The school is accredited by a tribal department 
of education if such accreditation is accepted by a 
generally recognized regional or State accreditation 
agency. 
(IV) The school accepts the standards promulgated 
under section 1121 of the Education Amendments of 
1978 and an evaluation of performance is conducted 
under this section in conformance with the regulations 
pertaining to Bureau operated schools by an impartial 
evaluator chosen by the grantee, but no grantee shall 
be required to comply with these standards to a higher 
degree than a comparable Bureau operated school. 
(V) A positive evaluation of the school is conducted 
once every 3 years under standards adopted by the 
contractor under a contract for a school entered into 
under the Indian Self-Determination and Education 
Assistance Act prior to the date of enactment of this 
Act, such evaluation to be conducted by an impartial 
evaluator agreed to by the Secretary and the grantee. 
Upon failure to agree on such an evaluator, the govern-
ing body of the tribe shall choose the evaluator or 
perform the evaluation. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 393 
(B) The choice of standards employed for purposes of subpara-
graph (A)(ii) shall be consistent with section 1121(e) of the 
Education Amendments of 1978. 
(2) The Secretary shall not revoke a determination that a 
school is eligible for assistance under this part, or reassume 
control of a school that was a Bureau school prior to approval of 
an application submitted under section 5206(b)(1)(A), until the 
Secretary— 
(A) provides notice to the tribally controlled school and 
the tribal governing body (within the meaning of section 
1121(j) of the Education Amendments of 1978) of the tribally 
controlled school which states— 
(i) the specific deficiencies that led to the revocation 
or resumption determination, and 
(ii) the actions that are needed to remedy such defi-
ciencies, and 
(B) affords such authority an opportunity to effect any 
remedial actions. 
The Secretary shall provide such technical assistance as is 
necessary to effect such remedial actions. Such notice and 
technical assistance shall be in addition to a hearing and appeal 
to be conducted pursuant to the regulations described in section 
5206(f)(1)(C). 
SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS. 
25 USC 2507. 
(a) PAYMENTS.— 
(1) Except as otherwise provided in this subsection, the Sec-
retary shall make payments to grantees under this part in two 
payments: 
(A) one payment to be made no later than October 1 of 
each fiscal year in an amount equal to one-half the amount 
paid during the preceding fiscal year to the grantee or a 
contractor that has elected to have the provisions of this 
part apply, and 
(B) the second payment consisting of the remainder to 
which the grantee or contractor is entitled for the fiscal 
year to be made by no later than January 1 of the fiscal 
year. 
(2) For any school for which no payment was made under this 
part in the preceding fiscal year, full payment of the amount 
computed for each fiscal year shall be made by January 1 of the 
fiscal year. 
(b) INVESTMENT OF FUNDS.— 
(1) Notwithstanding any other provision of law, any interest 
or investment income that accrues on any funds provided under 
this part after such funds are paid to the Indian tribe or tribal 
organization and before such funds are expended for the pur-
pose for which such funds were provided under this part shall 
be the property of the Indian tribe or tribal organization and 
shall not be taken into account by any officer or employee of the 
Federal Government in determining whether to provide assist-
ance, or the amount of assistance, under any provision of 
Federal law. 
(2) Funds provided under this part may be— 
(A) invested by the Indian tribe or tribal organization 
only in obligations of the United States or in obligations or 
102 STAT. 394 
PUBLIC LAW 100-297—APR. 28, 1988 
securities that are guaranteed or insured by the United 
States, or 
(B) deposited only into accounts that are insured by an 
agency or instrumentality of the United States. 
(c) 
RECOVERIES.—For 
the 
purposes 
of 
underrecovery 
and 
overrecovery determinations by any Federal agency for any other 
funds, from whatever source derived, funds received under this part 
shall not be taken into consideration. 
25 use 2508. 
SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINA-
TION AND EDUCATION ASSISTANCE ACT. 
(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—All provisions of 
sections 5, 6, 7, 105, 109, and 110 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450c, et seq.) except those 
provisions pertaining to indirect costs and length of contract, shall 
apply to grants provided under this part. 
(b) ELECTION FOR GRANT IN LIEU OF CONTRACT.— 
(1) Contractors for activities to which this part applies who 
have entered into a contract under the Indian Self-Determina-
tion and Education Assistance Act that is in effect upon the 
date of enactment of this Act may, by giving notice to the 
Secretary, elect to have the provisions of this part apply to such 
activity in lieu of such contract. 
(2) Any election made under paragraph (1) shall take effect on 
the later of— 
(A) October 1 of the fiscal year succeeding the fiscal year 
in which such election is made, or 
(B) the date that is 60 days after the date of such election. 
(c) NO DUPLICATION.—No funds may be provided under any con-
tract entered into under the Indian Self-Determination and Edu-
cation Assistance Act to pay any expenses incurred in providing any 
program or service if a grant has been made under this part to pay 
such expenses. 
25 use 2509. 
SEC. 5210. ROLE OF THE DIRECTOR. 
Applications for grants under this part, and all application modi-
fications, shall be reviewed and approved by personnel under the 
direction and control of the Director of the Office of Indian Edu-
Reports. 
cation Programs. Required reports shall be submitted to education 
personnel under the direction and control of the Director of such 
Office. 
25 use 2510. 
SEC. 5211. REGULATIONS. 
The Secretary is authorized to issue regulations relating to the 
discharge of duties specifically assigned to the Secretary by this 
part. In all other matters relating to the details of planning, devel-
opment, implementing, and evaluating grants under this part, the 
Secretary shall not issue regulations. Regulations issued pursuant to 
this part shall not have the standing of a Federal statute for the 
purposes of 
judicial review. 
25 use 2511. 
SEC. 5212. DEFINITIONS. 
For purposes of this part— 
(1) The term "eligible Indian student" has the meaning of 
such term in section 1128(f) of the Education Amendments of 
1978 (25 U.S.C. 2008(0). 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 395 
(2) The term "Indian tribe" means any Indian tribe, band, 
nation, or other organized group or community, including any 
Alaska Native Village or regional or village corporation (as 
defined in or established pursuant to the Alaskan Native 
Claims Settlement Act), which is recognized as eligible for the 
special programs and services provided by the United States to 
Indians because of their status as Indians, 
(3)(A) The term "tribal organization" means— 
(i) the recognized governing body of any Indian tribe, or 
(ii) any legally established organization of Indians 
which— 
(I) is controlled, sanctioned, or chartered by such 
governing body or is democratically elected by the 
adult members of the Indian community to be served 
by such organization, and 
(II) includes the maximum participation of Indians in 
all phases of its activities. 
(B) In any case in which a grant is provided under this part to 
an organization to perform services benefiting more than one 
Indian tribe, the approval of the governing bodies of Indian 
tribes representing 80 percent of those students attending the 
tribally controlled school shall be considered a sufficient tribal 
authorization for such grant. 
(4) The term "Secretary" means the Secretary of the Interior. 
(5) The term "tribally controlled school" means a school, 
operated by a tribe or a tribal organization, enrolling students 
in kindergarten through grade 12, including preschools, which 
is not a local educational agency and which is not directly 
administered by the Bureau of Indian Affairs. 
(6) The term "a local educational agency" means a public 
board of education or other public authority legally constituted 
within a State for either administrative control or direction of, 
or to perform a service function for, public elementary or 
secondary schools in a city, county, township, school district, or 
other political subdivision of a State, or such combination of 
school districts or counties as are recognized in a State as an 
administrative agency for its public elementary or secondary 
schools. Such term includes any other public institution or 
agency having administrative control and direction of a public 
elementary or secondary school. 
(7) The term "Bureau" means the Bureau of Indian Affairs of 
the Department of the Interior. 
PART C—DEPARTMENT OF EDUCATION 
Indian 
Education Act 
SEC. 5301. SHORT TITLE. 
° | ^ ^ ^ 2601 
This part may be cited as the "Indian Education Act of 1988". note. 
Subpart 1—Financial Assistance to Local Educational Agencies 
for the Education of Indian Children 
SEC. 5311. DECLARATION OF POLICY. 
25 USC 2601. 
In recognition of the special educational and culturally related 
academic needs of Indian students in the United States, Congress 
hereby declares it to be the policy of the United States to provide 
financial assistance to local educational agencies to develop and 
102 STAT. 396 
PUBLIC LAW 100-297—APR. 28, 1988 
carry out elementary and secondary school programs specially de-
signed to meet these special educational and culturally related 
academic needs, or both. 
25 u s e 2602. 
SEC. 5312. GRANTS TO LOCAL EDUCATIONAL AGENCIES. 
(a) IN GENERAL.—The Secretary shall, in order to effectuate the 
policy set forth in section 5311, carry out a program of making 
grants to local educational agencies which are entitled to payments 
under this subpart and which have submitted, and have had ap-
proved, applications therefor, in accordance with the provisions of 
this subpart. 
(b) AMOUNT OF GRANTS.— 
(1)(A) For any fiscal year for which appropriations are au-
thorized under section 5316 of this Act, the Secretary shall 
determine the number of eligible Indian children who were 
enrolled in the schools of a local educational agency, and for 
whom such agency provided free public education, during such 
fiscal year. 
(B) For purposes of this subpart, the term "eligible Indian 
children" means Indian children whom the Secretary has deter-
mined— 
(i) were enrolled in a school of the local educational 
agency, and 
(ii) were provided free public education by the local edu-
cational agency. 
(2)(A) From the sums appropriated under section 5316(a) for 
any fiscal year, the Secretary shall allocate to each local edu-
cational agency which has an application approved under this 
subpart an amount which bears the same ratio to such sums as 
the product of— 
(i) the number of eligible Indian children, multiplied by 
(ii) the average per pupil expenditure per local edu-
cational agency, 
bears to the sum of such products for all such local educational 
agencies. 
(B) A local educational agency shall not be entitled to receive 
a grant under this subpart for any fiscal year unless the number 
of eligible Indian children, with respect to such agency, is at 
least 10 or constitutes at least 50 percent of its total enrollment. 
The requirements of this subparagraph shall not apply to any 
local educational agencies serving Indian children in Alaska, 
California, and Oklahoma or located on, or in proximity to, an 
Indian reservation. 
(C) For the purposes of this subsection, the average per pupil 
expenditure for a local educational agency is equal to the 
amount determined by dividing— 
(i) the sum of— 
(I) the aggregate current expenditures, during the 
second fiscal year preceding the fiscal year for which 
the computation is made, of all of the local educational 
agencies in the State in which such agency is located, 
plus 
(II) any direct current expenditures by such State for 
the operation of such agencies (without regard to the 
sources of funds from which either of such expendi-
tures are made), by 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 397 
(ii) the aggregate number of children who were in aver-
age daily attendance for whom such agencies provided free 
public education during such preceding fiscal year. 
(3)(A) The first fiscal year for which schools operated by the 
Bureau of Indian Affairs of the Department of the Interior shall 
be treated as local educational agencies for the purposes of this 
subpart (other than sections 5314(b)(2)(B)(ii) and 5315(c)(2)) is the 
first fiscal year beginning after the date of enactment of this 
Act for which the amount of funds appropriated for allocation 
under this subsection equals or exceeds the amount of funds 
that, if such schools are not treated as local educational agen-
cies, is necessary to allocate under paragraph (2) (determined 
without regard to subparagraph (B)) to each local educational 
agency which has an application approved under this subpart 
for such fiscal year an amount of funds for each eligible Indian 
child equal to the sum of— 
(i) the average amount of funds per eligible Indian child 
that was received by such local educational agency for fiscal 
year 1988 under section 303(a)(2) of the Indian Elementary 
and Secondary School Assistance Act (20 U.S.C. 241bb(a)(2)), 
plus 
(ii) 2 percent of the amount described in clause (i). 
(B)(i) Notwithstanding any other provision of this subpart, for 
each fiscal year to which this clause applies— 
(I) paragraph (2) shall first be applied to allocate the 
portion of the funds appropriated for such fiscal year for 
allocation under this subsection that does not exceed the 
amount determined to be necessary under subparagraph 
(A) among only those local educational agencies that 
received funds under section 303(a)(2) of the Indian Ele-
mentary and Secondary School Assistance Act (20 U.S.C 
241bb(a)(2)) for fiscal year 1988, and 
(II) paragraph (2) shall then be applied to allocate the 
remaining portion (if any) of the funds appropriated for 
such fiscal year for allocation under this subsection among 
only those local educational agencies that are schools oper-
ated by the Bureau of Indian Affairs. 
(ii) Clause (i) applies to the first fiscal year described in 
subparagraph (A), and each succeeding fiscal year, until the 
amount of funds appropriated for allocation under this subsec-
tion for any fiscal year beginning after the date of enactment of 
this Act equals or exceeds the amount of funds that, if all 
schools operated by the Bureau of Indian Affairs are treated as 
local educational agencies, is necessary to allocate under para-
graph (2) (determined without regard to clause (i)) to each local 
educational agency which has an application approved under 
this subpart for such fiscal year an amount of funds for each 
eligible Indian child equal to the sum of— 
(I) the average amount of funds per eligible Indian 
child that was received by such local educational 
agency for fiscal year 1988 under the Indian Ele-
mentary and Secondary School Assistance Act, plus 
(II) 2 percent of the amount described in subclause (I), 
(c) GRANTS TO SCHOOLS THAT ARE NOT, OR HAVE NOT BEEN, LOCAL 
EDUCATIONAL AGENCIES.— 
(1) In addition to the sums appropriated for any fiscal year for 
grants to local educational agencies under this subpart, there is 
102 STAT. 398 
PUBLIC LAW 100-297—APR. 28,1988 
hereby authorized to be appropriated for any fiscal year an 
amount not in excess of 10 percent of the amount appropriated 
for payments on the basis of entitlements computed under 
subsection (b) for that fiscal year, for the purpose of enabling 
the Secretary to provide financial assistance in accordance with 
the provisions of this subpart to schools— 
(A) which are located on or near reservations; and 
(B) which— 
(i) are not local educational agencies, or 
(ii) have not been local educational agencies for more 
than 3 years. 
State listing. 
(2) The requirements of clause (A) of paragraph (1) shall not 
apply to any school serving Indian children in California, Okla-
homa, or Alaska, 
(d) GRANTS FOR DEMONSTRATION PROJECTS.—In addition to 
the 
sums appropriated for any fiscal year for grants to local educational 
agencies under this subpart, there is hereby authorized to be appro-
priated for any fiscal year an amount not in excess of 10 percent of 
the amount appropriated for payments of entitlements computed 
under subsection (b) for that fiscal year, for the purpose of enabling 
the Secretary to make grants on a competitive basis to local edu-
cational agencies to support demonstration projects and programs 
which are designed to plan for and improve educational opportuni-
ties for Indian children, except that the Secretary shall reserve a 
portion not to exceed 25 percent of such funds to make grants for 
demonstration projects examining the special educational and cul-
turally related academic needs that arise in school districts with 
high concentrations of Indian children. 
25 use 2603. 
SEC. 5313. USES OF FEDERAL FUNDS. 
Grants under this subpart may be used, in accordance with 
applications approved under section 5314, for— 
(1) planning and development of programs specifically de-
signed to meet the special educational or culturally related 
academic needs, or both, of Indian children, including pilot 
projects designed to test the effectiveness of plans so developed; 
(2) the establishment, maintenance, and operation of such 
programs, including, in accordance with regulations of the Sec-
retary, minor remodeling of classroom or other space used for 
such programs and acquisition of necessary equipment; and 
(3) the training of counselors at schools eligible to receive 
funds under this subpart in counseling techniques relevant to 
the treatment of alcohol and substance abuse. 
25 use 2604. 
SEC. 5314. APPLICATIONS FOR GRANTS; CONDITIONS FOR APPROVAL. 
(a) IN GENERAL.—A grant provided under this subpart, except as 
provided in section 5312(b), may be made only to a local educational 
agency or agencies, and only upon application to the Secretary at 
such time or times, in such manner, and containing or accompanied 
by such information as the Secretary deems necessary. Such applica-
tion shall— 
(1) provide that the activities and services for which assist-
ance under this subpart is sought will be administered by or 
under the supervision of the applicant; 
(2) set forth a program for carrying out the purposes of section 
5313, and provide for such methods of administration as are 
necessary for the proper and efficient operation of the program; 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 399 
(3) in the case of an application for payments for planning, 
provide that— 
(A) the planning was or will be directly related to pro-
grams or projects to be carried out under this subpart and 
has resulted, or is reasonably likely to result, in a program 
or project which will be carried out under this subpart, and 
(B) the planning funds are needed because of the innova-
tive nature of the program or project or because the local 
educational agency lacks the resources necessary to plan 
adequately for programs and projects to be carried out 
under this subpart; 
(4) provide that effective procedures, including provisions for 
appropriate objective measurement of educational achievement, 
will be adopted for evaluating at least annually the effective-
ness of the programs and projects in meeting the special edu-
cational needs of Indian students; 
(5) set forth policies and procedures which assure that Federal 
funds made available under this subpart for any fiscal year will 
be so used as to supplement and, to the extent practical, in-
crease the level of funds that would, in the absence of such 
Federal funds, be made available by the applicant for the 
education of Indian children and in no case supplant such 
funds; 
(6) provide for such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of, 
and accounting for. Federal funds paid to the applicant under 
this subpart; and 
(7) provide for making an annual report and such other Reports, 
reports, in such form and containing such information, as the Records. 
Secretary may reasonably require to carry out his functions 
under this subpart and to determine the extent to which funds 
provided under this subpart have been effective in improving 
the educationed opportunities of Indian students in the area 
served, and for the keeping of such records, and the affording of 
such access thereto, as the Secretary may find necessary to 
assure the correctness and verification of such reports, 
(b) APPROVAL OF APPUCATIONS.—An application by a local edu-
cational agency or agencies for a grant under this subpart may be 
approved only if it is consistent with the applicable provisions of this 
subpart and— 
(1) meets the requirements set forth in subsection (a); 
(2) provides that the program or project for which application 
is made— 
(A) will utilize the best available talents and resources 
(including persons from the Indian community) and will 
substantially incresise the educational opportunities of 
Indian children in the area to be served by the applicant; 
and 
(B) has been developed— 
(i) in open consultation with parents of Indian chil-
dren, teachers, and, where applicable, secondary school 
students, including public hearings at which such per-
sons have had a full opportunity to understand the 
program for which assistance is being sought and to 
offer recommendations thereon, and 
(ii) with the participation and written approval of a 
committee— 
102 STAT. 400 
PUBLIC LAW 100-297—APR. 28, 1988 
(I) which is composed of, and selected by, parents 
of children participating in the program for which 
assistance 
is sought, 
teachers, 
and, where 
applicable, secondary school students, and 
(II) of which at least half the members shall be 
parents described in subclause (I); 
(3) sets forth such policies and procedures including policies 
and procedures relating to the hiring of personnel, as will 
ensure that the program for which assistance is sought will be 
operated and evaluated in consultation with, and with the 
involvement of, parents of the children and representatives of 
the area to be served, including the committee established for 
the purposes of paragraph (2)(BXii); and 
(4) provides that the parent committee formed pursuant to 
paragraph (2)(B)(ii) will adopt and abide by reasonable bylaws 
for the conduct of the program for which assistance is sought, 
(c) AMENDMENTS OF APPLICATIONS.—Amendments of applications 
submitted under this subpart shall, except as the Secretary may 
otherwise provide by regulation, be subject to approval in the same 
manner as original applications. 
(d) ELIGIBILITY FORMS.— 
(1) The Secretary shall require that each application for a 
grant under this subpart for each fiscal year include a form for 
each eligible Indian child for whom the local educational agency 
is providing free public education that sets forth information 
establishing the status of the child as an eligible Indian child. 
(2) The Secretary shall request on the form required under 
paragraph (1) at least the following information: 
(A) either— 
(i) the name of the tribe, band, or other organized 
group of Indians with which the child claims member-
ship, along with the enrollment number establishing 
membership (if readily available), and the name and 
address of the organization which has updated and 
accurate membership data for such tribe, band, or 
other organized group of Indians, or 
(ii) if the child is not a member of a tribe, band, or 
other organized group of Indians, the name, the enroll-
ment number (if readily available) and the organization 
(and address thereof) responsible for maintaining 
updated and accurate membership rolls of any of the 
child's parents or grandparents, from whom the child 
claims eligibility; 
(B) whether the tribe, band, or other organized group of 
Indians with which the applicant, his parents, or grand-
parents claim membership is federally recognized; 
(C) the name and address of the parent or legal guardian; 
(D) the signature of the parent or legal guardian verifying 
the accuracy of the information supplied; and 
(E) any other information which the Secretary deems 
necessary to provide an accurate program profile. 
(3) Nothing in the requirements of para^aph (2) may be 
construed as affecting the definition set forth in section 5351(4). 
The failure of an applicant to furnish any information listed in 
paragraph (2) with respect to any child shall have no bearing on 
the determination of whether the child is an eligible Indian 
child. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 401 
(4) The forms and the standards of proof (including the stand-
ard of good faith compliance) that were in use during the 1985-
1986 academic year to establish a child's eligibility for entitle-
ment under the Indian Elementary and Secondary School 
Assistance Act shall be the only forms and standards of proof 
used to establish such eligibility and to meet the requirements 
of paragraph (1) after the date of enactment of this Act. 
(5) For purposes of determining whether a child is an eligible 
Indian child, the membership of the child, or any parent or 
grandparent of the child, in a tribe, band, or other organized 
group of Indians may be established by proof other than an 
enrollment number, even if enrollment numbers for members of 
such tribe, band, or groups are available. Nothing in paragraph 
(2) may be construed as requiring the furnishing of enrollment 
numbers. 
(e) AUDITING; PENALTIES FOR FALSE INFORMATION.— 
(1)(A) The Secretary shall establish a method of auditing, on Reports, 
an annual basis, a sample of not less than one-fourth of the total 
number of local education agencies receiving funds under this 
subpart and shall submit to the Congress an annual report on 
the findings of the audits. 
(B) For purposes of any audit conducted by the Federal 
Government with respect to funds provide under this subpart, 
all procedures, practices, and policies that are established by— 
(i) the Office of Indian Education of the Department of 
Education, or 
(ii) a grantee under this subpart who, in establishing such 
procedures, practices, and policies, was acting under the 
direction of any employee of such Office that is authorized 
by the Director of such Office to provide such direction, 
shall, with respect to the period beginning on the date of the 
establishment of such procedures, practices, and policies, and 
ending on the date (if any) on which the Director of such Office 
revokes authorization for such procedures, practices, and poli-
cies, be considered appropriate and acceptable procedures, prac-
tices, and policies which are in conformity with Federal law. 
(C) No local education agency may be held liable to the 
United States, or be otherwise penalized, by reason of the 
findings of any audit conducted before the date of enactment of 
this Act that— 
(i) relate to the date of completion, or the date of submis-
sion, of any forms used to establish a child's eligibility for 
entitlement under the Indian Elementary and Secondary 
School Assistance Act, and 
(ii) are the subject of any administrative or judicial 
proceeding pending on the date of enactment of this Act. 
(2) Any local educational agency that provides false informa-
tion in the application for a grant under this subpart shall be 
ineligible to apply for any other grants under this subpart and 
shall be liable to the United States for any funds provided under 
this subpart that have not been expended. 
(3) Any student who provides false information on the form 
required under subsection (dXD may not be taken into account 
in determining the amount of any grant under this subpart. 
102 STAT. 402 
PUBLIC LAW 100-297—APR. 28, 1988 
25 u s e 2605. 
SEC. 5315. PAYMENTS. 
(a) IN GENERAL.—The Secretary shall, subject to the provisions of 
section 5316, from time-to-time pay to each local educational agency 
which has had an application approved under section 5314, an 
amount equal to the amount estimated to be expended by such 
agency in carrying out activities under such application. 
(b) DENIAL OF PAYMENTS IF PAYMENTS TAKEN INTO ACCOUNT BY 
STATE.—No payments shall be made under this subpart for any 
fiscal year to any local educational agency in a State which heis 
taken into consideration payments under this subpart in determin-
ing the eligibility of such local educational agency in that State for 
State aid, or the amount of that aid, with respect to the free public 
education of children during that year or the preceding fiscal year. 
(c) REDUCTION FOR FAILURE TO MAINTAIN FISCAL EFFORT.— 
"(1) Except as provided in paragraph (2), a local educational 
agency may receive funds under this subpart for any fiscal year 
only if the State educational agency finds that either the com-
bined fiscal effort per student or the aggregate expenditures of 
that agency and the State with respect to the provision of free 
public education by that agency for the preceding fiscal year 
was not less than 90 percent of such combined fiscal effort or 
aggregate expenditures for the second preceding fiscal year. 
"(2) The State educational agency shall reduce the amount of 
the allocation of funds under this subpart in any fiscal year in 
the exact proportion to which a local educational agency fails to 
meet the requirement of paragraph (1) by falling below 90 
percent of both the combined fiscal effort per student and 
aggregate expenditures (using the measure most favorable to 
such local agency), and no such lesser amount shall be used for 
computing the effort required under paragraph (1) for subse-
quent years. 
"(3) The State educational agency may waive, for 1 fiscal year 
only, the requirements of this subsection if the State edu-
cational agency determines that such a waiver would be equi-
table due to exceptional or uncontrollable circumstances such 
as a natural disaster or a precipitous and unforeseen decline in 
the financial resources of the local educational agency. 
25 u s e 2606. 
SEC. 5316. AUTHORIZATION OF APPROPRIATIONS; ADJUSTMENTS. 
(a) IN GENERAL.—For the purpose of making payments under this 
subpart, there are authorized to be appropriated— 
(1) for fiscal year 1988, $70,000,000, and 
(2) for each of the fiscal years 1989,1990,1991,1992, and 1993, 
such sums as may be necessary. 
(b) REALLOCATIONS.—The Secretary may reallocate, in such 
manner as will best assist in advancing the purposes of this subpart, 
any amount which the Secretary determines, based upon estimates 
made by local educational agencies, will not be needed by any such 
agency to carry out its approved project. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 403 
Subpart 2—Special Programs and Projects to Improve 
Grants. 
Educational Opportunities for Indian Children 
SEC. 5321. IMPROVEMENT 
OF 
EDUCATIONAL 
OPPORTUNITIES 
FOR 
25 USC 2621. 
INDIAN CHILDREN. 
(a) IN GENERAL.—The Secretary shall carry out a program of 
making grants for the improvement of educational opportunities for 
Indian children— 
(1) to support planning, pilot, and demonstration projects, in 
accordance with subsection (b), which are designed to test and 
demonstrate the effectiveness of programs for improving edu-
cational opportunities for Indian children; 
(2) to assist in the establishment and operation of programs, 
in accordance with subsection (c), which are designed to stimu-
late— 
(A) the provision of educational services not available to 
Indian children in sufficient quantity or quality, and 
(B) the development and establishment of exemplary edu-
cational programs to serve as models for regular school 
programs in which Indian children are educated; 
(3) to assist in the establishment and operation of preservice 
and inservice training programs, in accordance with subsection 
(d), for persons serving Indian children as educational person-
nel; and 
(4) to encourage the dissemination of information and mate-
rials relating to, and the evaluation of the effectiveness of, 
education programs which may offer educational opportunities 
to Indian children. 
(b) DEMONSTRATION PROJECTS.—The Secretary is authorized to 
make grants to State and local educational agencies, federally sup-
ported elementary and secondary schools for Indian children and to 
Indian tribes, Indian organizations, and Indian institutions to sup-
port planning, pilot, and demonstration projects which are designed 
to plan for, and test and demonstrate the effectiveness of, programs 
for improving educational opportunities for Indian children, 
including— 
(1) innovative programs related to the educational needs of 
educationally deprived children; 
(2) bilingual and bicultural education programs and projects; 
(3) special health and nutrition services, and other related 
activities, which meet the special health, social, and psycho-
logical problems of Indian children; and 
(4) coordination of the operation of other federally assisted 
programs which may be used to assist in meeting the needs of 
such children. 
(c) SERVICES AND PROGRAMS TO IMPROVE EDUCATIONAL OPPORTUNI-
TIES.— 
(1) The Secretary is authorized to make grants to State and 
local educational agencies and to tribal and other Indian 
community organizations to assist them in developing and 
establishing educational services and programs specifically de-
signed to improve educational opportunities for Indian children. 
Such grants may be used— 
(A) to provide educational services not available to such 
children in sufficient quantity or quality, including— 
102 STAT. 404 
PUBLIC LAW 100-297—APR. 28, 1988 
(i) remedial and compensatory instruction, school 
health, physical education, psychological, and other 
services designed to assist and encourage Indian chil-
dren to enter, remain in, or reenter elementary or 
secondary school; 
(ii) comprehensive academic and vocational instruc-
tion; 
(iii) instructional materials (such as library books, 
textbooks, and other printed, published, or audiovisual 
materials) and equipment; 
(iv) comprehensive guidance, counseling, and testing 
services; 
(v) special education programs for handicapped and 
gifted and talented Indian children; 
(vi) early childhood programs, including kinder-
garten; 
(vii) bilingual and bicultural education programs; 
and 
(viii) other services which meet the purposes of this 
subsection; and 
(B) to establish and operate exemplary and innovative 
educational programs and centers, involving new edu-
cational approaches, methods, and techniques designed to 
enrich programs of elementary and secondary education for 
Indian children. 
(2) In addition to the grants provided under paragraph (1), the 
Secretary is authorized to provide grants to consortia of Indian 
tribes or tribal organizations, local educational agencies, and 
institutions of higher education for the purpose of developing, 
improving, and implementing a program of— 
(A) encouraging Indian students to acquire a higher edu-
cation, and 
(B) reducing the incidence of dropouts among elementary 
and secondary school students. 
(d) TRAINING.— 
(1) The Secretary is authorized to make grants to institutions 
of higher education and to State and local educational agencies, 
in combination with institutions of higher education, for carry-
ing out programs and projects— 
(A) to prepare persons to serve Indian students as 
teachers, administrators, teacher aides, social workers, and 
ancillary educational personnel; and 
(B) to improve the qualifications of such persons who are 
serving Indian students in such capacities. 
(2) Grants made under this subsection may be used for the 
establishment of fellowship programs leading to an advanced 
degree, for institutes and, as part of a continuing program, for 
seminars, symposia, workshops, and conferences. 
(3) In programs funded by grants authorized under this 
subsection, preference shall be given to the training of Indians. 
(e) GRANTS FOR EVALUATION AND TECHNICAL ASSISTANCE.— 
(1) The Secretary is authorized to make grants to, and to enter 
into contracts with, public agencies. State educational agencies 
in States in which more than 5,000 Indian children are enrolled 
in public elementary and secondary schools, Indian tribes, 
Indian institutions, and Indian organizations, and to make con-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 405 
Public 
information. 
tracts with private institutions and organizations, to establish, 
on a regional basis, information centers to— 
(A) evaluate programs assisted under this Act and under 
other Indian education programs in order to determine 
their effectiveness in meeting the special educational and 
culturally related academic needs of Indian children and 
adults and to conduct research to determine those needs; 
(B) provide technical assistance upon request to local 
educational agencies and Indian tribes, Indian organiza-
tions, Indian institutions, and parent committees created 
pursuant to section 5314(bX2KBXii) in evaluating and carry-
ing out programs assisted under this Act, through the 
provision of materials and personnel resources; and 
(C) disseminate information upon request to the parties 
described in subparagraph (B) concerning all Federal edu-
cation programs which affect the education of Indian chil-
dren and adults, including information on successful 
models and programs designed to meet the special edu-
cational needs of Indian children. 
(2) Grants or contracts made under this subsection may be Contracts, 
made for a term not to exceed 3 years and may be renewed for 
additional 3-year terms if provision is made to ensure annual 
review of the projects. 
(3) From funds appropriated under the authority of subsection Contracts. 
(g)(1), the Secretary is authorized to make grants to, and to 
enter into contracts with, Indian tribes, Indian institutions, and 
Indian organizations, and public agencies and institutions for— 
(A) the national dissemination of information concerning 
education programs, services, and resources available to 
Indian children, including evaluations thereof; and 
(B) the evaluation of the effectiveness of federally assisted 
programs in which Indian children may participate in 
achieving the purposes of such programs with respect to 
such children. 
(4) The sum of the grants made under this subsection to State 
educational agencies for any fiscal year shall not exceed 15 
percent of the total amount of funds appropriated for the 
provision of grants under this subsection for such fiscal year. 
(f) APPLICATIONS FOR GRANTS.— 
(1) Applications for a grant under this section shall be submit-
ted at such time, in such manner, and shall contain such 
information, and shall be consistent with such criteria, as may 
be required under regulations prescribed by the Secretary. Such 
applications shall— 
(A) set forth a statement describing the activities for 
which assistance is sought; 
(B) in the case of an application for a grant under subsec-
"^ J. tion(c)— 
(i) subject to such criteria as the Secretary shall 
prescribe, provide for— 
(I) the use of funds available under this section, 
and 
(II) the coordination of other resources available 
to the applicant, 
in order to ensure that, within the scope of the purpose 
of the project, there will be a comprehensive program 
to achieve the purposes of this section, and 
102 STAT. 406 
PUBLIC LAW 100-297—APR. 28, 1988 
(ii) provide for the training of personnel participating 
in the project; and 
(C) provide for an evaluation of the effectiveness of the 
project in achieving its purpose and the purposes of this 
section. 
(2XA) The Secretary may approve an application for a grant 
under subsection (b), (c), or (d) only if the Secretary is satisfied 
that such application, and any document submitted with respect 
thereto— 
(i) demonstrate that— 
(I) there has been adequate participation by the par-
ents of the children to be served and tribal commu-
nities in the planning and development of the project, 
and 
(II) there will be such participation in the operation 
and evaluation of the project, and 
(ii) provide for the participation, on an equitable basis, of 
eligible Indian children— 
(I) who reside in the area to be served, 
(II) who are enrolled in private nonprofit elementary 
and secondary schools, and 
(III) whose needs are of the type which the program 
is intended to meet, 
to the extent consistent with the number of such children. 
(B) In approving applications under this section, the Secretary 
shall give priority to applications from Indian educational agen-
cies, organizations, and institutions. 
(3) The Secretary may approve an application for a grant 
under subsection (e) only if the Secretary is satisfied that the 
funds made available under that subsection will be used to 
supplement the level of funds from State, local, and other 
Federal sources that would, in the absence of Federal funds 
provided under that subsection, be made available by the State 
or local educational agency for the activities described in that 
subsection, and in no case will be used to supplant those funds, 
(g) AUTHORIZATION OF APPROPRIATIONS.— 
(1) For the purpose of making grants under the provisions of 
this section, there are authorized to be appropriated $35,000,000 
for each fiscal year ending prior to October 1,1993. 
(2) For the purpose of making grants under subsection (eXD, 
there are authorized to be appropriated $8,000,000 for each of 
the fiscal years ending prior to October 1,1993. 
25 use 2622. 
SEC. 5322. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR THE 
TEACHERS OF INDIAN CHILDREN. 
Contracts. 
(a) IN GENERAL.— 
(1) The Secretary is authorized to make grants to, and enter 
into contracts with, institutions of higher education, Indian 
organizations, and Indian tribes for the purpose o
f
— 
(A) preparing individuals for teaching or administering 
special programs and projects designed to meet the special 
educational needs of Indian people, and 
(B) providing in-service training for persons teaching in 
such programs. 
(2) Priority shall be given in the awarding of grants, and in 
the entering into of contracts, under subsection (a) to Indian 
institutions and organizations. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 407 
(b) FELLOWSHIPS AND TRAINEESHIPS.— 
(1) In carrying out the provisions of this section, the Secretary 
Contracts, 
is authorized to award fellowships and traineeships to individ-
uals and to make grants to, and to enter into contracts with, 
institutions of higher education, Indian organizations, and 
Indian tribes for the costs of education allowances. 
(2) In awarding fellowships and traineeships under this 
subsection, the Secretary shall give preference to Indians. 
(3) In the case of traineeships and fellowships, the Secretary is 
authorized to grant stipends to, and allowances for dependents 
of, persons receiving traineeships and fellowships. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated for each fiscal year ending prior to October 1, 1993, 
such sums as may be necessary to carry out the provisions of this 
section. 
SEC. 5323. FELLOWSHIPS FOR INDIAN STUDENTS. 
25 USC 2623. 
(a) IN GENERAL.—During each fiscal year ending prior to October 
1, 1993, the Secretary is authorized to award fellowships to be used 
for study in graduate and professional programs at institutions of 
higher education. Such fellowships shall be awarded to Indian stu-
dents in order to enable them to pursue a course of study of not 
more than 4 academic years leading toward a post baccalaureate 
degree in medicine, clinical psychology, psychology, law, education, 
and related fields or leading to an undergraduate or graduate degree 
in engineering, business administration, natural resources, and 
related fields. 
Qo) STIPENDS.—The Secretary shall pay to persons awarded fellow-
ships under subsection (a) such stipends (including such allowances 
for subsistence of such persons and their dependents) as he may 
determine to be consistent with prevailing practices under com-
parable federally supported programs. 
(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Secretary 
shall pay to the institution of higher education at which the holder 
of a fellowship awarded under subsection (a) is pursuing a course of 
study, in lieu of tuition charged such holder, such amounts as the 
Secretary may determine to be necessary to cover the cost of edu-
cation provided the holder of such a fellowship. 
(d) SPECIAL RULES.— 
(1) The Secretary may, if a fellowship awarded under subsec-
tion (a) is vacated prior to the end of the period for which it was 
awarded, award an additional fellowship for the remainder of 
such period. 
(2) By no later than the date that is 45 days before the 
commencement of an academic term, the Secretary shall pro-
vide to each individual who is awarded a fellowship under 
subsection (a) for such academic term written notice of the 
amount of such fellowship and of any stipends or other pay-
ments that will be made under this section to, or for the benefit 
of, such individual for such academic term. 
(3) Not more than 10 percent of the fellowships awarded 
under subsection (a) shall be awarded, on a priority basis, to 
persons receiving training in guidance counseling with a spe-
cialty in the area of alcohol and substance abuse counseling and 
education. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated for fiscal year 1989, and for each of the 4 succeeding 
102 STAT. 408 
PUBLIC LAW 100-297—APR. 28, 1988 
25 use 2624. 
Contracts. 
Children's 
Television 
Network. 
fiscal years, such sums as may be necessary to carry out the 
provisions of this section. 
SEC. 5324. GIFTED AND TALENTED. 
(a) ESTABLISHMENT OF CENTERS.—The Secretary shall establish 2 
centers for gifted and talented Indian students at tribally controlled 
community colleges. 
GJ) DEMONSTRATION PROJECTS.— 
(1) The Secretary shall award separate grants to, or enter into 
contracts with— 
(A) 2 tribally controlled community colleges that— 
(i) are eligible for funding under the Tribally Con-
trolled Community College Assistance Act of 1978, and 
(ii) are fully accredited, or 
(B) if acceptable applications are not submitted to the 
Secretary by 2 of such colleges, the American Indian 
Higher Education Consortium, 
for the establishment of centers under subsection (a) and for 
demonstration projects designed to address the special needs of 
Indian students in elementary and secondary schools who are 
gifted and talented and to provide those support services to 
their families that are needed to enable the students to benefit 
from the project. 
(2) Any person to whom a grant is made, or with whom a 
contract is entered into, under paragraph (1) may enter into a 
contract with any other persons, including the Children's Tele-
vision Workshop, for the purpose of carrying out the demonstra-
tion projects for which such grant was awarded or for which the 
contract was entered into by the Secretary. 
(3) Demonstration projects funded under this section may 
include— 
(A) the identification of the special needs of gifted and 
talented students, particularly at the elementary school 
level, with attention to the emotional and psychosocial 
needs of these students and to the provision of those sup-
port services to their families that are needed to enable 
these students to benefit from the project; 
(B) the conduct of educational, psychosocial, and devel-
opmental activities which hold reasonable promise of 
resulting in substantial progress toward meeting the edu-
cational needs of such gifted and talented children, includ-
ing, but not limited to, demonstrating and exploring the use 
of Indian languages and exposure to Indian cultural tradi-
tions; 
(C) the provision of technical assistance and the coordina-
tion of activities at schools which receive grants under 
subsection (d) with respect to the activities funded by such 
grants, the evaluation of programs at such schools funded 
by such grants, or the dissemination of such evaluations; 
(D) the use of public television in meeting the special 
educational needs of such gifted and talented children; 
(E) leadership programs designed to replicate programs 
for such children throughout the United States, including 
the dissemination of information derived from the dem-
onstration projects conducted under this section; and 
(F) appropriate research, evaluation, and related activi-
ties pertaining to the needs of such children and to the 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 409 
provision of those support services to their families that are 
needed to enable such children to benefit from the project, 
(c) ADDITIONAL GRANTS.— 
(1) The Secretary, in consultation with the Secretary of the 
Interior, shall provide 5 grants to schools that are Bureau 
funded schools for program research and development regard-
ing, and the development and dissemination of curriculum and 
teacher training material regarding— 
(A) gifted and talented students, 
(B) college preparatory studies (including programs for 
Indian students interested in teaching careers), 
(C) students with special culturally related academic 
needs, including social, lingual, and cultural needs, and 
(D) math and science education. 
(2) Applications for the grants provided under paragraph (1) 
shall be submitted to the Secretary in such form and at such 
time as the Secretary may prescribe. Applications for such 
grants by Bureau schools, and the administration of any of such 
grants made to a Bureau school, shall be undertaken jointly by 
the supervisor of the Bureau school and the local school board. 
(3) Grants may be provided under paragraph (1) for one or 
more activities described in paragraph (1). 
(4) In providing grants under paragraph (1), the Secretary 
shall— 
(A) achieve a mixture of programs described in paragraph 
(1) which ensures that students at all grade levels and in all 
geographic areas of the United States are able to partici-
pate in some programs funded by grants provided under 
this subsection, and 
(B) ensure that a definition of the term "gifted and 
talented student" for purposes of this section and section 
1128(c)(l)(A)(ii) of the Education Amendments of 1978 is 
developed as soon as possible. 
(5) Subject to the availability of appropriated funds, grants 
provided under paragraph (1) shall be made for a 3-year period 
and may be renewed by the Secretary for additional 3-year 
periods if performance by the grantee is satisfactory to the 
Secretary. 
(6)(A) The dissemination of any materials developed from 
activities funded by grants provided under paragraph (1) shall 
be carried out in cooperation with institutions receiving funds 
under subsection (b). 
(B) The Secretary shall report to the Secretary of the Interior Reports, 
and to the Congress any results from activities described in 
paragraph (4)(B). 
(7)(A) The costs of evaluating any activities funded by grants 
made under paragraph (1) shall be divided between the school 
conducting such activities and the evaluator. 
(B) If no funds are provided under subsection (b) for— 
Contracts, 
(i) the evaluation of activities funded by grants made 
under paragraph (1), 
(ii) technical assistance and coordination with respect to 
such activities, or 
(iii) dissemination of such evaluations, 
the Secretary shall, by grant or through contract, provide for 
such evaluations, technical 
assistance, coordination, 
and 
dissemination. 
102 STAT. 410 
PUBLIC LAW 100-297—APR. 28, 1988 
Grants. 
(d) INFORMATION NETWORK.—The Secretary shall encourage per-
sons to whom a grant is made, or with whom a contract is entered 
into, under this section to work cooperatively as a national network 
so that the information developed by such persons is readily avail-
able to the entire educational community. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $3,000,000 for each of the fiscal years 1988, 1989, 
1990, 1991, 1992, and 1993 for the purpose of carrying out the 
provisions of this section. Such sums shall remain available until 
expended. 
Subpart 3—Special Programs Relating to Adult Education for 
Indians 
25 use 2631. 
SEC. 5330. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT 
INDIANS. 
(a) IN GENERAL.—The Secretary shall carry out a program of 
awarding grants to State and local educational agencies and to 
Indian tribes, institutions, and organizations— 
(1) to support planning, pilot, and demonstration projects 
which are designed to test and demonstrate the effectiveness of 
programs 
for 
improving 
employment 
and 
educational 
opportunities for adult Indians; 
(2) to assist in the establishment and operation of programs 
which are designed to stimulate— 
(A) the provision of basic literacy opportunities to all 
nonliterate Indian adults, and 
(B) the provision of opportunities to all Indian adults to 
qualify for a high school equivalency certificate in the 
shortest period of time feasible; 
(3) to support a major research and development program to 
develop more innovative and effective techniques for achieving 
the literacy and high school equivalency goals; 
(4) to provide for basic surveys and evaluations to define 
accurately the extent of the problems of illiteracy and lack of 
high school completion among Indians; and 
Public 
(5) to encourage the dissemination of information and mate-
information, 
rials relating to, and the evaluation of the effectiveness of, 
education programs which may offer educational opportunities 
to Indian adults. 
(b) EDUCATIONAL SERVICES.—The Secretary is authorized to make 
grants to Indian tribes, Indian institutions, and Indian organizations 
to develop and establish educational services and programs specifi-
cally designed to improve educational opportunities for Indian 
adults. 
Contracts. 
(c) INFORMATION AND EVALUATION,—The Secretary is also au-
thorized to make grants to, and to enter into contracts with, public 
agencies and institutions and Indian tribes, institutions, and 
organizations for— 
(1) the dissemination of information concerning educational 
programs, services, and resources available to Indian adults, 
including evaluations thereof; and 
(2) the evaluation of federally assisted programs in which 
Indian adults may participate to determine the effectiveness of 
such programs in achieving the purposes of such programs with 
respect to such adults. 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 411 
(d) APPLICATIONS.— 
(1) Applications for a grant under this section shall be submit-
ted at such time, in such manner, contain such information, and 
be consistent with such criteria, as may be required under 
regulations prescribed by the Secretary. Such applications 
shall— 
(A) set forth a statement describing the activities for 
which assistance is sought; and 
(B) provide for an evaluation of the effectiveness of the 
project in achieving its purposes and those of this section. 
(2) The Secretary shall not approve an application for a grant 
under subsection (a) unless he is satisfied that such application, 
and any documents submitted with respect thereto, indicate 
that— 
(A) there has been adequate participation by the individ-
uals to be served and tribal communities in the planning 
and development of the project, and 
(B) there will be such a participation in the operation and 
evaluation of the project. 
(3) In approving applications under subsection (a), the Sec-
retary shall give priority to applications from Indian edu-
cational agencies, organizations, and institutions. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated for fiscal year 1989, and for each of the 4 succeeding 
fiscal years, such sums as may be necessary to carry out the 
provisions of this section. 
Subpart 4—Program Administration 
SEC. 5341. OFFICE OF INDIAN EDUCATION. 
Establishment. 
(a) IN GENERAL.—There is established, in the Department of 
Education, an Offlce of Indian Education. 
(b) DIRECTOR.— 
(1) The Office of Indian Education shall be under the direction 
of the Director of the Office of Indian Education, who shall be 
appointed by the Secretary from a list of nominees submitted to 
the Secretary by the Nationgil Advisory Council on Indian 
Education. 
(2) The Director of the Office of Indian Education shall— 
(A) be responsible for administering the provisions of this 
part, 
(B) be responsible for the development of all policies and 
procedures relative to the implementation of this part, 
(C) be involved in, and primarily responsible for, develop-
ment of all policies affecting Indians under programs 
within the Office of Elementary and Secondary Education 
of the Department of Education, and 
(D) coordinate the development of policy and practices for 
all programs in the Department of Education relating to 
Indians and Alaskan Natives. 
(2) The Director of the Office of Indian Education shall report 
directly to the Assistant Secretary of Education for Elementary 
and Secondary Education. 
(3) The Director of the Office of Indian Ekiucation shall be 
compensated at the rate prescribed for, and shall be placed in, 
grade 18 of the General Schedule set forth in section 5332 of 
1Q_1QA n 
Ql 
P o r t 1-
102 STAT. 412 
PUBLIC LAW 100-297—APR. 28, 1988 
title 5, United States Code, and shall perform such duties as are 
delegated or assigned to the Director by the Secretary. The 
position created by this subsection shall be in addition to the 
number of positions placed in grade 18 of such General Schedule 
under section 5108 of title 5, United States Code. 
(c) INDIAN PREFERENCE.— 
(1)(A) All professional staff within the Office of Indian Edu-
cation shall have experience with Indian education programs. 
The Secretary shall give a preference to Indians in all personnel 
actions within the Office of Indian Education. Such preference 
shall be implemented in the same fashion as the preference 
given to any veteran referred to in subparagraph (A), (B), or (C) 
of section 2108(3) of title 5, United States Code. 
(B) The provisions of this paragraph shall apply to all person-
nel actions taken after the date of enactment of this Act. 
(2) The Secretary shall provide a one-time preference for 
qualified individuals who— 
(A) are not Indians, 
(B) are serving within the Office of Indian Education on 
the date of enactment of this Act, and 
, 
(C) desire to take another position in the Department of 
Education which is not within the Office of Indian Edu-
cation and for which there is a vacancy. 
Establishment. 
SEC. 5342. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION. 
25 u s e 2642. 
r \T r^ 
(a) IN GENERAL.— 
(1) There is hereby established the National Advisory Council 
on Indian Education (hereafter in this subpart referred to as the 
"National Council"), which— 
(A) shall consist of 15 members who are Indians ap-
pointed by the President from lists of nominees furnished, 
from time to time, by Indian tribes and organizations, and 
(B) shall represent diverse geographic areas of the 
country. 
Termination 
(2) Subject to section 448(b) of the General Education Provi-
date. 
sions Act, the National Council shall continue to exist until 
October 1,1993. 
(b) FUNCTIONS.—The National Council shall— 
(1) advise the Secretary with respect to— 
(A) the administration (including the development of 
regulations and of administrative practices and policies) of 
any program— 
(i) in which Indian children or adults participate, or 
(ii) from which they can benefit, including this part, 
and 
(B) adequate funding of such programs; 
(2) review applications for assistance under this part and 
make recommendations to the Secretary with respect to their 
approval; 
(3) evaluate programs and projects carried out under any 
program of the Department of Education in which Indian chil-
dren or adults can participate or from which they can benefit, 
and disseminate the results of such evaluations; 
(4) provide technical assistance to local educational agencies 
and to Indian educational agencies, institutions, and organiza-
tions to assist them in improving the education of Indiian 
children; 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 413 
(5) assist the Secretary in developing criteria and regulations 
Regulations, 
for the administration and evaluation of grants made under 
subpart 1; 
(6) submit to the Secretary a list of nominees for the position 
of Director of the Office of Indian Education whenever a 
vacancy in such position occurs, and 
(7) submit to the Congress by no later than June 30 of each 
Reports, 
year a report on its activities, which shall include— 
(A) any recommendations it may deem necessary for the 
improvement of Federal education programs in which 
Indian children and adults participate, or from which they 
can benefit, and 
(B) a statement of the National Council's recommenda-
tions to the Secretary with respect to the funding of any 
such programs. 
(c) CONTRACTING.—With respect to functions of the National Coun-
cil described in paragraphs (2), (3), and (4) of subsection Ob), the 
National Council is authorized to contract with any public or private 
nonprofit agency, institution, or organization for assistance in carry-
ing out such functions. 
(d) FUNDING.—From sums appropriated pursuant to section 400(d) 
of the General Education Provisions Act which are available for 
part D of such Act, the Secretary shall make available such sums as 
may be necessary to enable the National Council to carry out its 
functions under this section. 
SEC. 5343. AUTHORIZATION OF APPROPRIATIONS. 
25 USC 2643. 
There are authorized to be appropriated for fiscal year 1989, and 
each of the 4 succeeding fiscal years, such sums as may be necessary 
to carry out the provisions of this subpart. 
Subpart 5—Miscellaneous 
SEC. 5351. DEFINITIONS. 
25 USC 2651. 
For purposes of this part— 
(1) The term "adult" means any individual who— 
(A) is 16 years old or older, or 
(B) who is beyond the age of compulsory school attend-
ance under State law. 
(2) The term "adult education" means instruction or services 
below college level for adults who are not enrolled in a second-
ary school and who do not have— 
(A) the basic skills to enable them to function effectively 
in society, or 
(B) a certificate of graduation from a school providing 
secondary education (and who have not achieved an equiva-
lent level of education). 
(3) The term "free public education" means education that is 
provided at public expense, under public supervision and direc-
tion, and without tuition charge, and that is provided as ele-
mentary or secondary education in the applicable State. 
(4) The term "Indian" means any individual who is— 
(A) a member of an Indian tribe, band, or other organized 
group of Indians (as defined by the Indian tribe, band, or 
other organized group), including those Indian tribes, 
bands, or groups terminated since 1940 and those recog-
nized by the State in which they reside. 
102 STAT. 414 
PUBLIC LAW 100-297—APR. 28, 1988 
(B) a descendant, in the first or second degree, of an 
individual described in subparagraph (A), 
(C) considered by the Secretary of the Interior to be an 
Indian for any purpose, 
(D) an Eskimo, Aleut, or other Alaska Native, or 
(E) is determined to be an Indian under regulations 
promulgated by the Secretary after consultation with the 
National Advisory Council on Indian Education. 
(5)(A) The term "local educational agency" has the meaning 
given to such term by section 198(a)(10) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 2854(a)(10)). 
(B) The term "local educational agency", for purposes of 
subpart 1 (except for sections 5314(b)(2)(B)(ii) and 5315(cX2)) 
includes— 
(i) any Indian tribe, or an organization controlled or 
sanctioned by an Indian tribal government, that operates a 
school for the children of that tribe if the school either— 
(I) provides its students an educational program that 
meets the standards established by the Secretary of the 
Interior under section 1121 of the Education Amend-
ments of 1978, or 
(II) is operated by that tribe or organization under a 
contract with the Department of the Interior in accord-
ance with the Indian Self-Determination and Education 
Assistance Act, and 
(ii) for the fiscal year described in section 5312(b)(3)(A) 
and each succeeding fiscal year, any school operated by the 
Bureau of Indian Affairs of the Department of the Interior, 
either individually or in cooperation with any other local 
education agency. 
(6) The term "parent" includes an individual acting in loco 
parentis, other than by virtue of being a school administrator or 
official. 
(7) The term "Secretary" means the Secretary of Education. 
(8) The terms "Bureau school", "contract school", and 
"Bureau funded school" have the respective meaning given to 
such terms by section 1139 of the Education Amendments of 
1978 (25 U.S.C. 2019). 
SEC. 5352. CONFORMING AMENDMENTS. 
The following provisions of law are hereby repealed: 
(1) The Indian Elementary and Secondary School Assistance 
20 u s e 241aa et 
Act. 
seq. 
(2) Section 1005 of the Elementary and Secondary Education 
20 use 3385. 
Act of 1965. 
(3) Section 315 of the Adult Education Act. 
(4) Sections 421(b)(2), 422, 423, 441, 442, and 453 of the Indian 
20 use 1211, 
Education Act (title IV of Public Law 92-318). 
1411 note, 3385a, 
I22if-I22ih. 
P^^'^ D—MISCELLANEOUS PROVISIONS 
SEC. 5401. NAVAJO COMMUNITY COLLEGE. 
Paragraph (1) of section 5(b) of the Navajo Community College Act 
(25 U.S.C. 640c-l(b)(l)) is amended to read as follows: 
Appropriation 
"(1) There are authorized to be appropriated for grants to the 
authorization. 
Navajo Community College, for each fiscal year, an amount nee-
Grants, 
essary to pay expenses incurred for— 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 415 
"(A) the maintenance and operation of the college, in-
cluding— 
"(i) basic, special, developmental, vocational, technical, 
and special handicapped education costs, 
"(ii) annual capital expenditures, including equipment 
needs, 
minor 
capital 
improvements 
and remodeling 
projects, physical plant maintenance and operation costs, 
and exceptions and supplemental need account, and 
"(iii) summer and special interest programs, 
"(B) major capital improvements, including internal capital 
outlay funds and capital improvement projects, 
"(C) mandatory payments, including payments due on bonds, 
loans, notes, or lease purchases, and 
"(D) supplemental student services, including student hous-
ing, food service, and the provision of access to books and 
services.". 
SEC. 5402. PAYMENT OF GRANTS; INTEREST. 
(a) TRIBALLY CONTROLLED COMMUNITY COLLEGES.—Subsection (b) 
of section 108 of the Tribally Controlled Community College Assist-
ance Act of 1978 (25 U.S.C. 1808(b)) is amended— 
(1) by striking out "The Secretary" and inserting in lieu 
thereof "(1) The Secretary", and 
(2) by adding at the end thereof the following new paragraphs: Securities. 
"(2) Notwithstanding any other provision of law, the Secretary 
shall not, in disbursing funds provided under this title, use any 
method of payment which was not used during fiscal year 1987 in 
the disbursement of funds provided under this title. 
"(3)(A) Notwithstanding any provision of law other than subpara-
graph (B), any interest or investment income that accrues on any 
funds provided under this title after such funds are paid to the 
tribally controlled community college and before such funds are 
expended for the purpose for which such funds were provided under 
this title shall be the property of the tribally controlled community 
college and shall not be taken into account by any officer or 
employee of the Federal Government in determining whether to 
provide assistance, or the amount of assistance, to the tribally 
controlled community college under any provision of Federal law. 
"(B) All interest or investment income described in subparagraph 
(A) shall be expended by the tribally controlled community college 
by no later than the close of the fiscal year succeeding the fiscal 
year in which such interest or investment income accrues. 
"(4) Funds provided under this title may only be invested by the 
tribally controlled community college in obligations of the United 
States or in obligations or securities that are guaranteed or insured 
by the United States.". 
(b) NAVAJO COMMUNITY COLLEGE.—The Navajo Community Col-
lege Act is amended by adding at the end thereof the following new 
section: 
"PAYMENTS; INTEREST 
"SEC. 7. (a) Notwithstanding any other provision of law, the 25 USC 640c-3. 
Secretary of the Interior shall not, in disbursing funds provided 
under this Act, use any method of payment which was not used 
during fiscal year 1987 in the disbursement of funds provided under 
this Act. 
102 STAT. 416 
PUBLIC LAW 100-297—APR. 28, 1988 
Securities. 
"(b)(1)(A) Notwithstanding any provision of law other than 
subparagraph (B), any interest or investment income that accrues 
on any funds provided under this Act after such funds are paid to 
the Navajo Community College and before such funds are expended 
for the purpose for which such funds were provided under this Act 
shall be the property of the Navajo Community College and shall 
not be taken into account by any officer or employee of the Federal 
Government in determining whether to provide assistance, or the 
amount of assistance, to the Navajo Community College under any 
provision of Federal law. 
"(B) All interest or investment income described in subparagraph 
(A) shall be expended by the Navajo Community College by no later 
than the close of the fiscal year succeeding the fiscal year in which 
such interest or investment income accrues. 
"(2) Funds provided under this Act may only be invested by the 
Navajo Community College in obligations of the United States or in 
obligations or securities that are guaranteed or insured by the 
United States.". 
SEC. 5403. MATCHING FUNDS. 
(a) TRIBALLY CONTROLLED COMMUNITY COLLEGES.—Section 109 of 
the Tribally Controlled Community College Assistance Act of 1978 
(25 U.S.C. 1809) is amended by adding at the end thereof the 
following new subsection: 
"(d) Notwithstanding any other provision of law, funds provided 
under this title to the tribally controlled community college may be 
treated as non-Federal, private funds of the college for purposes of 
any provision of Federal law which requires that non-Federal or 
private funds of the college be used in a project or for a specific 
purpose.". 
(b) NAVAJO COMMUNITY COLLEGE.—Section 6 of the Navajo 
25 use 640C-2. 
Community College Act is amended— 
(1) by striking out "Except" and inserting in lieu thereof "(a. 
Except", and 
(2) by adding at the end thereof the following new subsection: 
"(b) Notwithstanding any other provision of law, funds provided 
under this Act to the Navajo Community College may be treated as 
non-Federal, private funds of the College for purposes of any provi-
sion of Federal law which requires that non-Federal or private funds 
of the college be used in a project or for a specific purpose.". 
25 use 309b. 
(c) VOCATIONAL EDUCATION FuNDS.—Notwithstanding any other 
provision of law, funds provided by the Bureau for adult vocational 
education to any vocational school (as defined for purposes of any 
program of assistance to students under the Higher Education Act 
of 1965) may be treated as non-Federal, private funds of such school 
for purposes of any provision of Federal law which requires that 
non-Federal or private funds of such school be used in a project or 
for a specific purpose. 
25 u s e 13d-2. 
SEC. 5404. ENROLLMENT AND GENERAL ASSISTANCE PAYMENTS. 
(a) IN GENERAL.—The Secretary of the Interior shall not disqualify 
from continued receipt of general assistance payments from the 
Bureau of Indian Affairs an otherwise eligible Indian for whom the 
Bureau has been making general assistance payments for at least 3 
months (or exclude such an individual from continued consideration 
in determining the amount of general assistance payments for a 
household) because the individual is enrolled (and is making satis-
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 417 
factory progress toward completion of a program or training that 
can reasonably be expected to lead to gainful employment) for at 
least half-time study or training in— 
(Da college assisted by the Bureau under the Tribally Con-
trolled Community College Assistance Act of 1978 (92 Stat. 1325; 
25 U.S.C. 1801) or the Navajo Community College Act (85 Stat. 
645; 25 U.S.C. 640a); 
(2) an institution of higher education or a vocational school (as 
defined for purposes of any program of assistance to students 
under the Higher Education Act of 1965); 
(3) a course the Secretary determines will lead to a high 
school diploma or an equivalent certificate; or 
(4) other programs or training approved by the Secretary. 
(b) FACTORS NOT TO BE CONSIDERED.—In determining the amount 
of general assistance provided by the Bureau of Indian Affairs, the 
Secretary of the Interior shall not include consideration of— 
(1) additional expenses in connection with the study or train-
ing described in subsection (a), and 
(2) the amount of any financial assistance received by the 
individual as a student or trainee. 
(c) No EFFECT ON OTHER EUGIBIUTY REQUIREMENTS.—This section 
does not alter any eligibility requirement for general assistance 
from the Bureau of Indian Affairs other than the requirement to be 
available for employment and to seek employment. 
SEC. 5405. USE OF BUREAU FACILITIES. 
25 USC 17. 
(a) IN GENERAL.—The Secretary of the Interior may permit tribal, 
student, and other non-Federal organizations to use facilities, lands, 
and equipment administered by the Bureau of Indian Affairs if such 
use does not interfere with the purpose for which the facilities, land, 
and equipment are administered by the Bureau. The Secretary of 
the Interior may charge the user for the actual or estimated addi-
tional cost of utilities or other expenses incurred because of the use 
and the amounts collected shall be credited to the appropriation or 
fund from which the expenses are paid. 
(b) SCOPE OF AUTHORITY.—The authority provided by this section 
is in addition to, and not in derogation of, any other authority 
available to the Secretary of the Interior. 
SEC. 5406. INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CUL-
TURE AND ARTS DEVELOPMENT. 
(a) TERMINATION OF CIVIL SERVICE POSITIONS.—Paragraph (1) of 
section 1509(g) of the Higher Education Amendments of 1986 (20 
U.S.C. 4416(gXl)) is amended by striking out "At the end of the 2-
year period beginning on the date referred to in section 1514(f)" and 
inserting in lieu thereof "On June 30,1989". 
(b) ENDOWMENT PROGRAM.—Section 1518 of the Higher Education 
Amendments of 1986 (20 U.S.C. 4425) is amended— 
(1) by striking out "From the amount appropriated pursuant 
to section 1521(a), the Secretary shall make available to the 
Institute not more than $500,000 which" in subsection (aXD and 
and inserting in lieu thereof "From amounts appropriated 
under section 1531(a), not more than $500,000", and 
(2) by striking out "ALLOCATION OF FUNDS.—From the amount 
appropriated pursuant to section 1521(a), the Secretary shall 
allocate to the Institute an amount for" in subsection (d) and 
inserting in lieu thereof "PAYMENT OF FEDERAL CONTRIBU-
102 STAT. 418 
PUBLIC LAW 100-297—APR. 28, 1988 
TiON.—Amounts appropriated under section 1531(a) for use 
under this section shall be paid by the Secretary of the Treasury 
to the Institute as". 
(c) AUTHORIZATION OF APPROPRIATIONS.—Subsection (a) of section 
1531 of the Higher Education Amendments of 1986 (20 U.S.C. 
4451(a)) is amended to read as follows: 
"(a) PART A.— 
"(1) There are authorized to be appropriated for each fiscal 
year such sums as may be necessary to carry out the provisions 
of part A. 
"(2) Funds appropriated under the authority of paragraph (1) 
shall remain available without fiscal year limitation. 
"(3) Except as provided for amounts subject to section 1518(d), 
amounts appropriated under the authority of this subsection for 
fiscal year 1989, and for each succeeding fiscal year, shall be 
paid to the Institute at the later of— 
"(A) the beginning of the fiscal year, or 
"(B) upon enactment of such appropriation.". 
(d) UNOBLIGATED APPROPRIATION AND RESPONSIBILITY FOR OBLIGA-
TIONS.—Subsection (e) of section 1514 of the Higher Education 
Amendments of 1986 (20 U.S.C. 4421(e)) is amended by adding at the 
end thereof the following new paragraphs: 
"(3) Any funds appropriated for the Institute for fiscal year 
1988 that are not expended or obligated on the date described in 
paragraph (2) shall be paid to the Institute within 10 days of 
that date. 
"(4) The Institute shall be responsible for all obligations of the 
Institute incurred after the date described in paragraph (2) and 
the Secretary of the Interior shall be responsible for all obliga-
tions of the Institute incurred on or before that date. 
(e) ACCOUNTING FOR NON-FEDERAL FUNDS.—Section 1507 of the 
Higher Education Amendments of 1986 (20 U.S.C. 4414) is 
amended— 
(1) by striking out "In carrying out" and inserting in lieu 
thereof "(a) IN GENERAL.—In carrying out", and 
(2) by adding at the end thereof the following new subsection: 
"(b) ACCOUNTING FOR NON-FEDERAL FUNDS.—Any funds received 
by, or under the control of, the Institute that are not Federal funds 
shall be accounted for separately from Federal funds.". 
(f) BUDGET PROPOSALS.—Subsection (b) of section 1515 of the 
Higher Education Amendments of 1986 (20 U.S.C. 4422(b)) is 
amended— 
(1) by striking out "During the 2-year period beginning on the 
date referred to in section 1514(f)" in paragraph (1) and insert-
ing in lieu thereof "Prior to October 1,1988", and 
(2) by striking out "the period described in paragraph (1)" in 
paragraph (2) and inserting in lieu thereof "September 30, 
1988". 
PART E—WHITE HOUSE CONFERENCE ON INDIAN 
EDUCATION 
25 u s e 2001 
SEC. 5501. FINDINGS. 
The Congress finds that— 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 419 
(1) the Government of the United States has a special rela-
tionship with the Indians which has given rise to a responsibil-
ity to assure superior educational opportunities for all Indians; 
(2) this responsibility is being carried out by Federal schools 
and federally funded programs; 
(3) while the States provide educational services to the major-
ity of Indian students in the United States, the State services 
are largely funded by Federal funds and are not, in any way, in 
derogation of the Federal responsibility; 
(4) changes in the Federal and State systems in the p£ist 
decade and the growth of tribal control over schools has led to 
substantial improvements in the educational opportunities and 
successes of Indian students; 
(5) substantial and substantive problems continue to exist and 
interfere with the realization of full opportunities for Indian 
students; and 
(6) identification of these problems through the convening of a 
White House conference will facilitate formulation of solutions. 
SEC. 5502. AUTHORIZATION TO CALL CONFERENCE. 
(a) IN GENERAL.—The President shall call and conduct a White 
House Conference on Indian Education (hereafter in this part re-
ferred to as the "Conference") which shall be held not earlier than 
September 1,1989, and not later than September 30,1991. 
(b) PURPOSE.—The purpose of the White House Conference on 
Indian Education shall be to— 
(1) explore the feasibility of establishing an independent 
Board of Indian Education that would assume responsibility for 
all existing Federal programs relating to the education of In-
dians, and 
(2) develop recommendations for the improvement of edu-
cational programs to make the programs more relevant to the 
needs of Indians, in accordance with the findings set forth in 
section 5501. 
SEC. 5503. COMPOSITION OF CONFERENCE. 
(a) IN GENERAL.—The Conference shall be composed of— 
(1) representatives of the Bureau of Indian Affairs of the 
'• Department of the Interior; 
(2) representatives of Indian educational institutions, public 
schools, agencies, organizations and associations that deal with 
the education of Indians; 
(3) educators from reservations and urban areas where In-
dians make up a substantial portion of the student population; 
and 
(4) individuals with a special knowledge of, and special com-
petence in dealing with, Indians and Indian problems, including 
education and health. 
0)) SELECTION.—The President shall select one-third of the partici-
pants of the Conference, the Speaker of the House of Representa-
tives shall select one-third of the participants, and the President pro 
tempore of the Senate shall select the remaining one-third of the 
participants. 
(c) DISTRIBUTION OF PARTICIPANTS.—In selecting the participants 
of the Conference the President, the Speaker of the House of 
Representatives, and the President pro tempore of the Senate shall 
ensure that— 
25 use 2001 
note. 
President of U.S. 
25 use 2001 
note. 
President of U.S. 
102 STAT. 420 
PUBLIC LAW 100-297—APR. 28, 1988 
(1) one-fourth of the participants are individuals who are 
currently active educators on Indian reservations; 
(2) one-fourth of the participants are educators selected from 
urban areas with large concentrations of Indians; 
(3) one-fourth of the participants are individuals who are 
Federal and tribal government officials; and 
(4) one-fourth of the participants are Indians, including mem-
bers of Indian tribes that are not recognized by the Federal 
Government. 
25 use 2001 
SEC. 5504. ADMINISTRATIVE PROVISIONS. 
^° ' 
(a) PLANNING AND DIRECTION.—The Conference shall be planned 
and conducted by the Interagency Task Force on the White House 
Conference on Indian Education (hereafter in this part referred to as 
the "Task Force"). 
(b) ESTABLISHMENT OF TASK FORCE.— 
(1) If the President calls the Conference, the Secretary of the 
Interior and the Secretary of Education, acting jointly, shall 
establish the Task Force on the White House Conference on 
Indian Education which shall consist of such employees of the 
Department of the Interior and the Department of Education as 
the Secretary of the Interior and the Secretary of Education 
determine to be necessary to enable the Task Force to carry out 
its duties. 
(2) The Secretary of the Interior and the Secretary of Edu-
cation shall each appoint no less than 2 professional staff 
members and one support staff member to the Task Force. 
(3) All staff assigned to the Task Force shall work on prepara-
tions for, and the conduct of, the Conference on a full-time basis. 
(4) The Secretary of the Interior shall provide office space and 
materials for the Task Force, including an allowance for mail-
ing costs. 
(5) Each professional staff person appointed to the Task Force 
shall have expertise directly related to Indian education and at 
least one person appointed by the Secretary of the Interior shall 
be experienced in dealing with the Congress, Indian tribes, and 
nongovernmental organizations. 
(6) The Secretary of the Interior and the Secretary of Edu-
cation, acting jointly, shall designate one staff person as the 
Director of the Task Force. 
(c) FUNCTION OF THE TASK FORCE.—The Task Force shall— 
(1) when appropriate, request the cooperation and assistance 
of other Federal departments and agencies in order to carry out 
its responsibilities; 
(2) prepare and make available background materials for the 
use of participants in the Conference and any associated State 
conferences, and prepare and distribute such reports of the 
Conference and of any associated State conferences as may be 
appropriate; 
(3) make technical and financial assistance (by grants, con-
tracts, or otherwise) available to the States and intertribal 
organizations to enable them to organize and conduct con-
ferences and other meetings in order to prepare for the Con-
ference; and 
(4) conduct fiscal oversight activities with respect to the 
preparation for, and the convening of, the C!onference, including 
contracting for the services of an auditor. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 421 
(d) FEDERAL AGENCY COOPERATION AND ASSISTANCE.— 
(1) Each Federal department and agency shall cooperate with, 
and provide assistance to, the Task Force upon request made by 
the Task Force under subsection (c)(1). For that purpose, each 
Federal department and agency is authorized and encouraged to 
provide personnel to the Task Force. 
(2) The Commissioner of the Administration for Native 
Americans of the Department of Health and Human Services 
and the Director of the Indian Health Service of the Depart-
ment of Health and Human Services are authorized to detail 
personnel to the Task Force, upon request, to enable the Task 
Force to carry out its functions under this part. 
(e) PERSONNEL.—In carrying out the provisions of this part, the 
Task Force is authorized to engage such personnel as may be 
necessary to assist the Conference and the Advisory Committee of 
the Conference, without regard for the provisions of title 5, United 
States Code, governing appointments in the competitive service, and 
without regard to chapter 51, and subchapter III of chapter 53 of 
such title relating to classification and General Schedule pay rates. 
(f) EXPENSES.—Participants in the Conference may, while away 
from their homes or regular places of business and attending the 
Conference, be allowed such travel expenses, including per diem in 
lieu of subsistence, as are allowed under section 5703 of title 5, 
United States Code. Such expenses may be paid by way of advances, 
reimbursement, or in installments, as the Task Force may deter-
mine. 
SEC. 5505. REPORTS. 
(a) IN GENERAL.—A final report of the Conference, containing 
such findings and recommendations as may be made by the Con-
ference, shall be submitted to the President not later than 120 days 
following the close of the Conference. The final report shall be made 
public and, within 90 days after its receipt by the President, 
transmitted to the Congress together with a statement of the Presi-
dent containing recommendations of the President with respect to 
such report. 
(b) DISTRIBUTION.—The Conference is authorized to publish and 
distribute for the Conference the reports authorized under this part. 
Copies of all such reports shall be provided to the Federal depository 
libraries. 
SEC. 5506. ADVISORY COMMITTEE. 
(a) COMPOSITION.—There is hereby established the Advisory 
Committee of the Conference (hereafter in this part referred to as 
the "Advisory Committee") composed of— 
(1) five individuals designated by the Speaker of the House of 
Representatives, with not more than three being Members of 
the House of Representatives; 
(2) five individuals designated by the President pro tempore of 
the Senate, with not more than three being Members of the 
Senate; 
(3) ten individuals appointed by the President; 
(4) the Assistant Secretary of the Interior for Indian Affairs or 
a delegate of the Assistant Secretary; 
(5) the Secretary of EJducation or a delegate of the Secretary; 
and 
(6) the Director of the Task Force. 
25 u s e 2001 
note. 
Public 
information. 
Public 
information. 
Establishment. 
25 u s e 2001 
note. 
102 STAT. 422 
PUBLIC LAW 100-297—APR. 28, 1988 
The President, the President pro tempore of the Senate, and the 
Speaker of the House of Representatives, shall, after consultation 
with Indian tribes, ensure that members of the Advisory Committee 
are broadly representative of all Indians of the United States. 
(b) FUNCTION.—The Advisory Committee shall assist and advise 
the Task Force in planning and conducting the Conference. 
(c) ADMINISTRATION.— 
(1) The Director of the Task Force shall serve as vice chair-
man of the Advisory Committee. The Advisory Committee shall 
elect the chairman of the Advisory Committee from among 
those members of the Advisory Committee who are not full-time 
Federal employees. 
(2) The Advisory Committee shall select the chairman of the 
Conference. 
(3) The chairman of the Advisory Committee is authorized to 
establish, prescribe functions for, and appoint members to such 
advisory and technical committees as may be necessary to assist 
and advise the Task Force in carrying out its duties. 
(d) COMPENSATION.—Members of any committee established under 
this section who are not regular full-time officers or employees of 
the United States shall, while attending to the business of the 
Conference, be entitled to receive compensation at a rate fixed by 
the President that does not exceed the rate of pay specified at the 
time of such service for grade GS-18 under section 5332, of title 5, 
United States Code, including traveltime. Such members may, while 
away from their homes or regular places of business, be allowed 
travel expenses, including per diem in lieu of subsistence, as may be 
authorized under section 5703 of title 5, United States Code. 
25 use 2001 
SEC. 5507. GIFTS AND TITLE TO CERTAIN PROPERTY. 
Grants. 
(a) GiFTS.—The Task Force shall have authority to accept, on 
behalf of the Conference, in the name of the United States, grants, 
gifts, or bequests of money for immediate disbursement by the Task 
Force in furtherance of the Conference. Such grants, gifts, or be-
quests offered the Task Force, shall be paid by the donor or his 
representative into the Treasury of the United States in a special 
account to the credit of the Conference for the purposes of this part, 
(b) DISPOSITION OF MATERIALS.—Materials and equipment acquired 
for the use of the Conference, or for the Task Force, shall be 
transferred to the Bureau of Indian Affairs after the close of the 
Conference. 
25 use 2001 
SEC. 5508. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for each of the fiscal 
years 1988, 1989, and 1990 such sums as may be necessary to carry 
out this part. Such sums shall remain available until expended. 
PUBLIC LAW 100-297—APR. 28,1988 
102 STAT. 423 
TITLE VI—GENERAL AND 
MISCELLANEOUS PROVISIONS 
PART A—MISCELLANEOUS EDUCATION PROVISIONS 
Subpart 1—Education for the Homeless 
SEC. 6001. TECHNICAL AMENDMENT. 
Section 702 of the Stewart B. McKinney Homeless Assistance Act 42 use 11421. 
is amended— 
(1) by inserting at the end of subsection (b) the following: 
"Each such application shall include an estimate of the number 
of homeless expected to be served and the number of homeless 
adults within each of the school districts within the States to be 
served."; and 
(2) by striking out paragraph (2) of subsection (c) and inserting 
in lieu thereof the following: 
"(2) The Secretary of Education shall, in making grants under 
this section, give special consideration to the estimates submit-
ted in the application under subsection (b) of this section.". 
Subpart 2—Special Grant Program 
SEC. 6011. EDUCATION AND TRAINING FOR INDIVIDUALS AT RISK. 
(a)(1) GENERAL AUTHORITY.—The Secretary is authorized to make 
a grant for a project of national significance to develop or dem-
onstrate new or improved methods of existing approaches or tech-
niques which will contribute to the education and training for 
individuals who are at risk such as— 
(A) infants, toddlers, children (including preschoolers), youth, 
and adults with disabilities; and 
(B) individuals with limited English proficiency. 
(2) The project funded under this section may include the develop-
ment o
f
— 
(A) a statewide delivery system for severely handicapped 
infants, toddlers, children, youth, and adults for access to 
adaptive technology, including alternative 
communication 
systems; 
(B) a statewide comprehensive plan to strengthen and coordi-
nate special education and related services for handicapped 
youth who are currently in school or who left school to Eissist 
such youth in making the transition to post-secondary edu-
cation, vocational training, competitive employment (including 
supported employment), continuing education, or adult services. 
(3) No grant may be made under this section unless an application 
is submitted to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably 
require. 
(4) This grant shall be awarded to a predominantly rural centrally 
Rural areas. 
located western State which has a high birthrate and with a low per 
pupil expenditure. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 
be appropriated $4,000,000 for the fiscal year 1989 to carry out the 
provision of this section. 
20 u s e 1441 
note. 
Handicapped 
persons. 
Handicapped 
persons. 
Communications 
and tele-
communications. 
102 STAT. 424 
PUBLIC LAW 100-297—APR. 28, 1988 
PART B—PROHIBITION OF DIAL-A-PORN 
47 use 223. 
SEC. 6101. AMENDMENT TO THE COMMUNICATIONS ACT OF 1934. 
Section 223(b) of the Communications Act of 1934 is amended— 
(1) in paragraph (IXA), by striking out "under eighteen years 
of age or to any other person without that person's consent"; 
(2) by striking out paragraph (2); 
(3) in paragraph (4), by striking out "paragraphs (1) and (3)" 
and inserting in lieu thereof "paragraphs (1) and (2)"; and 
(4) by redesignating paragraphs (3), (4), and (5) as paragraphs 
(2), (3), and (4), respectively. 
PART C—STUDIES 
20 u s e 2748 
SEC. 6201. EVEN START STUDY. 
(a) INDEPENDENT EVALUATION.—The Secretary shall provide for an 
independent evaluation of a representative sample of programs 
under part B of chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965 to determine their effectiveness 
in 
providing— 
(1) services to special populations; 
(2) adult education services; 
(3) parent training; 
(4) home-based programs involving parents and children; 
(5) coordination with related services programs; and 
(6) training of related personnel in appropriate skill areas. 
(b) CRITERIA.— 
(1) Evaluations shall be conducted by individuals not directly 
involved in the administration of the program or project oper-
ation under part B of chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965. Such independent evaluators 
and the program administrators shall jointly develop evaluation 
criteria which provide for appropriate analysis of the factors 
under subsection (a). When possible, evaluations shall include 
comparisons with appropriate control groups. 
(2) In order to determine a program's effectiveness in achiev-
ing its stated goals, the evaluations shall contain objective 
measures of such goals and, whenever feasible, shall obtain the 
specific views of program participants about such programs. 
(c) REPORT TO CONGRESS AND DISSEMINATION.—The Secretary shall 
prepare and submit to the Congress the results of such evaluations. 
The evaluations shall be submitted to the National Diffusion Net-
work in the form required for consideration for possible dissemina-
tion. 
20 use 3241 
SEC. 6202. STUDENT DROPOUT STUDY. 
With the advice and consultation of the Committee on Education 
and Labor of the House of Representatives and the Committee on 
Labor and Human Resources of the Senate, the Secretary shall, with 
funds available under section 1439, conduct an evaluation of the 
programs funded under title VI of the Elementary and Secondary 
Education Act of 1965. The Secretary shall take into account data 
collected from the national school dropout study and shall incor-
porate information from any locally conducted evaluations and 
other objective evidence. The results of such evaluations shall be 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 425 
made available to the Congress, State educational agencies, and the 
National Diffusion Network. 
SEC. 6203. STUDY OF STATE OPERATED PROGRAM FOR HANDICAPPED 
20 USC 2791 
CHILDREN. 
note. 
(a) STUDY REQUIRED.—(1) The Comptroller General of the United 
States shall conduct a study of the State Operated Program for 
Handicapped Children under chapter 1 of title I of the Elementary 
and Secondary Education Act of 1965. 
(2) Not later than January 30, 1989, the Comptroller General shall Reports, 
prepare and submit a report to the appropriate committees of the 
Congress containing the findings of such study to the Committee on 
Labor and Human Resources of the Senate and the Committee on 
Education and Labor of the House of Representatives. 
(3) For the purpose of this section, the term "children" includes 
infants and toddlers. 
(b) STUDY COMPONENTS.—The study shall include— 
(1) a description of State and local agencies that participate in 
the program, the children the agencies serve, and the programs 
for which the agencies use funds; 
(2) how such program is administered by the State edu-
cational agency or any predecessor agencies serving as fiscal 
agents for the States; 
(3) the major policies, procedures and practices pertaining to 
the determination of when a child is considered eligible to be 
counted unc^er such program; the allocation of funds to agen-
cies, schools, programs and projects within schools; the supple-
mentary nature of the services provided; and authorized use of 
funds; 
(4) the policies and procedures governing the placement of 
handicapped children, including local educational agency trans-
fer children, in schools and programs and projects receiving 
assistance under chapter 1 of title I of the Elementary and 
Secondary Education Act of 1965; 
(5) the relationship between the chapter 1 of title I of the 
Elementary and Secondary Education Act of 1965 program and 
parts B and H of the Education of the Handicapped Act (concep-
tual relationship; comparison of how the two programs are 
administered by the State educational agency; and a compari-
son between the programs with respect to the extent to which 
handicapped children receive a free appropriate public edu-
cation and such children and their parents are provided the 
rights and procedural safeguards guaranteed under part B of 
the Education of the Handicapped Act); and 
(6) such other information as the Comptroller General con-
siders appropriate. 
(c) FINDINGS AND RECOMMENDATIONS.—The Comptroller General 
shall include in the report the findings based on the study, a State-
by-State analysis for the States subject to the study, together with 
such recommendations, including recommendations for legislation, 
as the Comptroller General deems appropriate. 
SEC. 6204. STUDY ON TUTORING PROGRAMS. 
20 USC 2882 
The Secretary shall conduct a study of tutoring programs for 
eligible participants under chapter 1 of the Elementary and Second-
ary Education Act of 1965 carried out by students in institutions of 
higher education. In conducting such research, the Secretary shall 
102 STAT. 426 
PUBLIC LAW 100-297~APR. 28, 1988 
(1) determine if such programs are effective, (2) determine the role 
the Federal Government should play in promoting and encouraging 
such programs, (3) determine if such programs are effective if 
conducted on a volunteer basis or whether it is necessary to offer 
incentives, such as tuition assistance, academic credit or reduced 
obligations for student loans, to induce participation by students in 
institutions of higher education, and (4) review available evidence on 
programs being conducted in foreign countries with a view toward 
determining whether their experience is applicable to the United 
Reports. 
States. The Secretary shall report the results of the study to the 
Congress within 1 year of the date of the enactment of this Act. 
Reports. 
SEC. 6205. STUDY OF LOCAL USE OF CHAPTER 2 FUNDS. 
20 use 2973 
note. 
(a) LOCAL EDUCATIONAL AGENCIES.—A local educational agency 
which receives financial assistance under chapter 2 of title I of the 
Elementary and Secondary Act of 1965 shall report annually to the 
State educational agency on the use of funds under section 1531 of 
such chapter. Such reporting shall be carried out in a manner which 
minimizes the amount of paperwork required while providing the 
State educational agency with the necessary information under the 
preceding sentence. Such report shall be made available to the 
public. 
(b) STATE EDUCATIONAL AGENCIES.—A State educational agency 
which receives financial assistance under chapter 2 of title I of the 
Elementary and Secondary Education Act of 1965 shall annually 
evaluate the effectiveness of State and local programs under this 
chapter. Such evaluations shall be submitted for review and com-
ment by the State advisory committee and shall be made available 
to the public. The State educational agency shall submit to the 
Secretary a copy of such evaluations and a summary of the reports 
under subsection (a). 
(c) REPORTS.— 
(1) The Secretary, in consultation with State and local edu-
cational agency representatives, shall develop a model system 
which State educational agencies may use for data collection 
and reporting under this chapter. 
(2) The Secretary shall submit not later than October 1990 
and October 1992 a report to the appropriate committees of the 
Congress summarizing evaluations under subsection (b) in order 
to provide a national overview of the uses of funds and effective-
ness of programs under this chapter. 
20 u s e 2951 
SEC. 6206. NATIONAL STUDY OF EFFECTIVE SCHOOLS PROGRAMS. 
Contracts. 
From funds available for the purposes of chapter 2 of title I of the 
Elementary and Secondary Education Act of 1965, the Secretary 
shall contract with a qualified organization or agency to conduct a 
national study of effective schools programs to determine the impact 
of effective schools programs under such chapter. The study shall 
consider relevant measures of the impact of the effective schools 
programs, including student achievement, attitudes, and graduation 
rates. 
20 u s e 2921 
SEC. 6207. STUDY OF FUND DISTRIBUTION. 
The Secretary of Education shall conduct a study concerning the 
methods used for the allocation of funds among the States in the 
various programs of financial assistance to elementary and second-
Taxes, 
ary education administered by the Department of Education. The 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 427 
study shall consider whether States and local school districts should 
be rewarded for making greater tax and fiscal efforts in support of 
general elementary and secondary education through adjustment of 
allocations under the various Federal financial assistance programs. 
The study shall investigate various methods of defining tax and 
fiscal efforts. Such study may consider other issues relating to the 
allocation of funds, such as the reliability and currency of poverty 
data used for purposes of program allocations under chapter 1 of 
title I of the Elementary and Secondary Education Act of 1965. The 
Secretary shall submit an interim report of such study on June 30, 
1990, and shall submit a final report of such study not later than 
June 30,1991. 
SEC. 6208. STUDY RELATING TO WOMEN'S EDUCATIONAL EQUITY. 
The Secretary is directed, not later than September 30 of each of 
the years 1988 through 1993, to submit to the President and the 
Congress a report setting forth the programs and activities assisted 
under part A of title IV of the Elementary and Secondary Education 
Act of 1965, and to provide for the distribution of this report to all 
interested groups and individuals, including the appropriate 
committees of the Congress, from funds authorized under such part. 
SEC. 6209. IMMIGRANT EDUCATION REPORT AND ASSESSMENT. 
(a) ANNUAL REPORT.—Each State educational agency receiving 
funds under part D of title IV of the Elementary and Secondary 
Education Act of 1965 shall submit, annually, a report to the 
Secretary concerning the expenditure of funds by local educational 
agencies under such part. Each local educational agency receiving 
funds under such part shall submit to the State educational agency 
such information as may be necessary for such report. 
(b) REPORT TO CONGRESS.—The Secretary shall submit biennially a 
report to the appropriate committees of the Congress concerning 
programs under such part. 
(c) ASSESSMENT BY COMPTROLLER GENERAL.—The Comptroller Gen-
eral of the United States shall review and assess programs con-
ducted under such part. The Comptroller shall submit the findings 
to the appropriate committees of the Congress by March 15, 1991. 
SEC. 6210. ANNUAL REPORT ON EDUCATION OF INDIAN CHILDREN. 
The Assistant Secretary of the Interior for the Bureau of Indian 
Affairs shall submit to the appropriate committees of the Congress, 
the President, and the Secretary by September 30 of every other 
year a report which provides— 
(1) an assessment of the needs of the Indian children with 
respect to the purposes of title IV of this Act in schools operated 
or funded by the Department of the Interior, including those 
tribes and local educational agencies receiving assistance under 
the Johnson-O'Malley Act; and 
(2) an assessment of the extent to which such needs are being 
met by funds provided to such schools for educational purposes 
through the Secretary of the Interior. 
SEC. 621L RESEARCH RELATING TO BILINGUAL EDUCATION. 
(a) RESEARCH AND DEVELOPMENT.—The Secretary shall, through 
competitive contracts under this section, provide financial assist-
ance for research and development proposals submitted by institu-
Reports. 
Reports. 
20 use 3046 
note. 
20 u s e 3130 
note. 
25 use 2016a. 
Contracts. 
20 use 3305 
note. 
102 STAT. 428 
PUBLIC LAW 100-297—APR. 28, 1988 
tions of higher 
education, private 
for-profit 
and 
nonprofit 
organizations. State and local educational agencies, and individuals. 
(b) AUTHORIZED ACTIVITIES.—Research activities authorized to be 
assisted under this section shall include— 
(1) studies to determine and evaluate effective models for 
bilingual education programs; 
(2) studies which examine the process by which individuals 
acquire a second langUEige and master the subject matter skills 
required for grade-promotion and graduation, and which iden-
tify effective methods for teaching English and subject matter 
skills within the context of a bilingual education program or 
special alternative instructional program to students who have 
language proficiencies other than English; 
(3) longitudinal studies to measure the effect of title VII of the 
Elementary and Secondary Education Act of 1965 on students 
enrolled in programs under such title (including a longitudinal 
study of the impact of bilingual education programs on limited-
English proficient students using a nationally representative 
sample of the programs funded under such title and which 
provides information including data on grade retention, aca-
demic performance, and dropout rates); 
(4) studies to determine effective and reliable methods for 
identifying students who are entitled to services under such 
title and for determining when their English language pro-
ficiency is sufficiently well developed to permit them to derive 
optimal benefits from an all-English instructional program; 
(5) the operation of a clearinghouse which shall collect, ana-
lyze, and disseminate information about bilingual education 
and related programs (and coordinate its activities with the 
I^ational Diffusion Network); 
(6) studies to determine effective methods of teaching English 
to adults who have language proficiencies other than English; 
(7) studies to determine and evaluate effective methods of 
instruction for bilingual programs, taking into account lan-
guage and cultural differences among students; 
(8) studies to determine effective approaches to preservice and 
inservice training for teachers, taking into account the lan-
guage and cultural differences of their students; 
(9) the effect of such title on the capacity of local educational 
agencies to operate bilingual programs following the termi-
nation of assistance under this title; and 
(10) studies to determine effective and reliable methods for 
identifying gifted and talented students who have language 
proficiencies other than English. 
(c) CONSULTATION AND DELEGATION OP AUTHORITY.—In Carrying 
out the responsibilities of this section, the Secretary may delegate 
authority to the Director, and in any event, shall consult with the 
Director, representatives of State and local educational agencies, 
appropriate groups and organizations involved in bilingual edu-
cation, the Committee on Labor and Human Resources of the 
Senate, and the Committee on Education and Labor of the House of 
Representatives. 
(d) PuBUCATiON OF PROPOSALS.—The Secretary shall publish and 
disseminate all requests for proposals in research and development 
assisted under such title. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 429 
20 u s e 3323 
note. 
Contracts. 
20 u s e 3303 
note. 
(e) LIMITATION OF AUTHORITY.—Nothing in this section shall be 
construed as authorizing the Secretary to conduct or support studies 
or analyses of the content of educational textbooks. 
SEC. 6212. BILINGUAL TRAINING FELLOWSHIP IMPACT STUDY. 
The Secretary shall by grant or contract undertake a study of the 
impact of recipients of fellowships under section 7043 of the Ele-
mentary and Secondary Education Act of 1965 on the field of 
bilingual education. The report shall be submitted no later than Reports 
December 31, 1991. Copies of the report shall be sent to the appro-
priate committees of the Congress. 
SEC. 6213. REPORT ON BILINGUAL EDUCATION. 
The Secretary shall prepare and, not later than June 30,1991, and 
June 30, 1992, shall submit to the appropriate committees of the 
Congress and the President a report on the condition of bilingual 
education in the Nation and the administration and operation of 
title VII of the Elementary and Secondary Education Act of 1965 
and of other programs for persons of limited English proficiency. 
Such report shall include— 
(1) a national assessment of the educational needs of children 
and other persons with limited English proficiency and of the 
extent to which such needs are being met from Federal, State, 
and local efforts; 
(2) a plan, including cost estimates, to be carried out during 
the 5-year period beginning on such date, for extending pro-
grams of bilingual education and bilingual vocational and adult 
education programs to all such preschool and elementary 
schoolchildren and other persons of limited English proficiency, 
including a phased plan for the training of the necessary 
teachers and other education personnel necessary for such 
purpose; 
(3) a statement of the activities intended to be carried out 
during the succeeding period, including an estimate of the cost 
of such activities; and 
(4)(A) an assessment of the number of teachers and other 
educational personnel needed to carry out programs of bilingual 
education under such title and those carried out under other 
programs for persons of limited English proficiency; 
(B) a statement describing the activities carried out there-
under designed to prepare teachers and other educational 
personnel for such programs; and 
(C) the number of other educational personnel needed to carry 
out programs of bilingual education in the States. 
SEC. 6214. JOINT STUDY OF SERVICES. 
The Secretary of Education, in conjunction with the Secretary of 
Labor and the Secretary of Health and Human Services, shall 
conduct a joint study of Federal funding sources for and services for 
adult education programs currently available, including literacy 
initiatives offered by public and private agencies, and shall jointly 
act to facilitate interagency coordination. The Secretary shall 
ensure the local and State officials involved in the delivery of adult 
education and literacy programs are involved in the study under 
this section. Not later than 24 months after the date of enactment of 
this Act, a joint report shall be submitted to the appropriate 
committees of the Congress describing the findings of the study. 
20 u s e 1201 
note. 
Reports. 
102 STAT. 430 
PUBLIC LAW 100-297—APR. 28, 1988 
20 u s e 4832 
SEC. 6215. REPORT ON PROJECTS DEVELOPED WITH ASSISTANCE FROM 
note. 
THE FUND FOR IMPROVEMENT AND REFORM OF SCHOOLS 
AND TEACHING. 
(a) EXEMPLARY PROJECTS.—The Secretary shall take appropriate 
steps to ensure that information regarding exemplary projects that 
are developed with assistance furnished under part B of title III of 
this Act are made available to institutions of higher education and 
State and local educational agencies. 
(b) REPORT.—The Secretary shall submit a final report to the 
appropriate committees of the Congress not later than June 1, 1990. 
The report shall describe the programs assisted by part B of title III 
of this Act, document the success of such programs in improving 
education, and make such recommendations as the Secretary deems 
appropriate. 
(c) REPORT FOR CONTINUED FUNDING RULE.—As a condition to 
continue to receive funding after the first year of a multi-year 
project, the project administrator shall submit an annual report to 
describe the activities conducted during the preceding year and the 
progress that has been made toward reaching the goals described in 
its application, if applicable. 
20 u s e 642 note. 
SEC. 6216. STUDY OF EFFECTIVENESS OF PUBLIC LAW 815. 
(a) GENERAL AUTHORITY.—The Comptroller General shall conduct 
a thorough study of the need for financial assistance for school 
construction as authorized by the Act of September 23, 1950 (Public 
Reports. 
Law 815, 81st Congress). The Comptroller General shall prepare and 
submit a report on the study required by this section not later than 
1 year after the date of enactment of this Act together with such 
recommendations, including recommendations for such legislation, 
as the Comptroller deems necessary. 
(b) CONTENTS OF STUDY.—In carrying out the study required by 
subsection (a) of this section, the Comptroller General shall examine 
a representative sample of federally impacted school districts of 
local educational agencies. The Comptroller General shall— 
(1) identify the number of children affected in each such 
school district; 
(2) determine the type of school facility needed for such school 
district; and 
(3) determine the estimated cost involved for building or 
repairing the school facility in each such district. 
(c) SPECIAL CONSIDERATION REQUIRED.—In conducting the study 
required by this section, the Comptroller General shall give special 
consideration to— 
(1) the eligibility criteria used for determining which federally 
impacted school districts are entitled to Federal funds for school 
construction, 
(2) the criteria used for setting the priorities for the approval 
of such applications, and 
(3) the process for reevaluating the needs of previously ap-
proved applicants which are on the waiting list for funds cov-
ered under Public Law 815, Eighty-first Congress. 
PUBLIC LAW 100-297—APR. 28, 1988 
102 STAT. 431 
PART D—GENERAL PROVISIONS 
SEC. 6301. DEFINITIONS. 
20 USC 2701 
Except as otherwise provided, for the purpose of this Act the 
terms used in this Act have the meanings provided under section 
1471 of chapter 1 of title I of the Elementary and Secondary 
Education Act of 1965. 
SEC. 6302. BUDGET ACT PROVISION. 
20 USC 2701 
Any new spending authority (within the meaning of section 401 of 
the Congressional Budget Act of 1974) which is provided under this 
Act shall be effective for any fiscal year only to the extent or in such 
amounts as are provided in appropriation Acts. 
SEC. 6303. EFFECTIVE DATES. 
20 USC 2701 
(a) GENERAL RULE.—Except as otherwise provided, this Act and 
the amendments made by this Act shall take effect July 1, 1988. 
(b) SPECIAL RULES.—(1) Any provision of this Act or any amend-
ment made by this Act which authorizes appropriations for fiscal 
year 1988 shall take effect on the date of the enactment of this Act. 
(2) The provisions of section 2402, relating to the National Center 
for Vocational Research, shall take effect on April 10,1988. 
(3) The amendments made by section 3403 shall take effect for 
assessments made after September 30, 1989, with respect to State 
data. 
Approved AprU 28, 1988. 
LEGISLATIVE HISTORY—H.R. 5 (S. 373): 
HOUSE REPORTS: No. 100-95 (Comm. on Education and Labor) and No. 100-567 
(Comm. of Conference). 
SENATE REPORTS: No. 100-222 accompanying S. 373 (Comm. on Labor and Human 
Resources). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): May 20, 21, considered and passed House. 
Dec. 1, considered and passed Senate, amended, in lieu of S. 373. 
Vol. 134 (1988): Apr. 19, House rejected conference report; receded and con-
curred in Senate amendment with an amendment. 
Apr. 20, Senate concurred in House amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
Apr. 28, Presidentieil remarks.