[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 1687 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 1687 To provide financial assistance to eligible local educational agencies to improve rural education, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 2, 1993 Mr. Williams (for himself, Mr. de la Garza, Mr. Fazio, Mr. Gunderson, Mr. Oberstar, Mr. Parker, Mr. Wise, Mr. Abercrombie, Mr. Jefferson, Mrs. Clayton, Mr. Volkmer, Mr. Johnson of South Dakota, Mr. Olver, and Mr. Boucher) introduced the following bill; which was referred to the Committee on Education and Labor _______________________________________________________________________ A BILL To provide financial assistance to eligible local educational agencies to improve rural 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 ``Rural Schools of America (RSA) Act of 1993''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of purpose. TITLE I--RURAL SCHOOL IMPROVEMENT Sec. 101. Authorization. Sec. 102. Allotment of funds. Sec. 103. Application. Sec. 104. Planning period. Sec. 105. Uses of funds. Sec. 106. Accountability. Sec. 107. Incentive awards to exemplary programs. Sec. 108. Regulatory assessment. Sec. 109. Local advisory group. Sec. 110. Special rules. TITLE II--SCHOOL BUILDING REPAIR AND RENOVATION Sec. 201. Purpose; authorization of appropriations. Sec. 202. Allotment of funds. Sec. 203. Application. Sec. 204. Repair and renovation. Sec. 205. Environment and safety. Sec. 206. Waiver. Sec. 207. Application of the Davis-Bacon Act. TITLE III--EVALUATION OF RESULTS Subtitle A--Assistant Secretary Sec. 301. Assistant Secretary for rural education. Subtitle B--Rural School Research and Evaluation Sec. 311. Authorization of appropriations. Sec. 312. Establishment; operation; uses of funds. Sec. 313. Local rural school evaluation. Sec. 314. Local applications. TITLE IV--GENERAL PROVISIONS Sec. 401. Interagency Council and Rural Schools. Sec. 402. White House Conference on Rural Education. Sec. 403. Federal funds to supplement not supplant non-Federal funds. Sec. 404. Definitions. SEC. 2. FINDINGS. The Congress finds that-- (1) the ability of America's rural school systems to meet the National Education Goals will contribute to the economic competitiveness and academic standing of the Nation in the world community; (2) the quality of public education in the rural areas of the Nation has a direct effect on the economic development of the rural communities of the Nation; (3) the success of rural schools in boosting the achievement of minority youth attending such schools will determine the ability of the Nation to close the gap between the ``haves and have-nots'' in society; (4) the cost to America's businesses to provide remedial education to high school graduates is approximately $30,000,000,000 per year; (5) approximately one-third of the Nation's work force will be minority by the year 2000; (6) rural schools enroll a disproportionately large share of the Nation's poor and ``at-risk'' youth; (7) approximately 60 percent of the Nation's public school districts are rural with a population of less than 2,500; (8) approximately one out of every four of America's rural children are living below the poverty line; (9) the academic performance of students in the average rural school system is below that of students in most other suburban school systems; (10) rural preschoolers have less access to early childhood development programs than other children; (11) shortages of teachers for rural school systems is greater than in other kinds of school systems; (12) a declining number of rural high school graduates are pursuing postsecondary education opportunities; (13) the average age of rural public school buildings is more than 45 years old and are often in serious disrepair, creating poor and demoralizing working and learning conditions; (14) solving the challenges facing the Nation's rural schools will require the concerted and collaborative efforts of all levels of government and all sectors of the community; (15) State and Federal funding of rural schools has not adequately reflected need; and (16) Federal funding that is well targeted, flexible and accountable would contribute significantly to addressing the comprehensive needs of rural schools. SEC. 3. STATEMENT OF PURPOSE. It is the purpose of this Act to provide financial assistance for those rural schools most in need to encourage the comprehensive restructuring of America's rural schools, the appropriate use of telecommunications technologies for learning and to support innovative programs which improve performance through programs and projects designed to-- (1) assist rural schools in meeting National Education Goals; (2) encourage rural schools to engage in school reform; (3) develop pilot projects that experiment with innovative ways to teach rural public school children more effectively; (4) improve the educational and social well being of rural public school children; (5) close the achievement gap between children attending rural schools and other children, while improving the achievement level of all children nationally; (6) renovate and repair aging rural school buildings and facilities; (7) conduct coordinated research on rural education problems, solutions, promising practices, and distance learning technologies; (8) improve the Nation's global economic and educational competitiveness by improving the country's rural schools; (9) encourage community, parental and business collaboration in the improvement of rural schools; (10) review regulations the simplification of which might improve the achievement of rural school children; (11) encourage rural school consortia for the purpose of increasing efficiency and course offerings; (12) encourage a positive role for rural public schools in local rural entrepreneurship and the identification of rural community economic development opportunities; (13) encourage ``community as school'' concepts, which include the role public schools can play to assist with rural community economic revitalization; and (14) provide meaningful inservice opportunities for rural public school teachers. TITLE I--RURAL SCHOOL IMPROVEMENT SEC. 101. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $1,500,000,000 for 1994 and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 to carry out the provisions of this title. SEC. 102. ALLOTMENT OF FUNDS. (a) Reservation.--From the amount appropriated or otherwise made available to carry out the provisions of this title for any fiscal year after the first fiscal year in which the Secretary awards allotments to State educational agencies under this title, the Secretary shall reserve 5 percent of such funds to provide competitive awards in accordance with section 107. (b) Allotments.-- (1) Federal allotment.--From the remainder of the funds not reserved under subsection (a), the Secretary shall allot to each State educational agency with an approved application in each fiscal year an amount which bears the same relationship to such funds as the amount all eligible local educational agencies with approved applications in the State were allocated under sections 1005 and 1006 of the Elementary and Secondary Education Act of 1965 in the preceding fiscal year bears to the total amount received under such sections in such preceding fiscal year by all eligible local educational agencies with approved applications in all States. (2) State allotment.-- (A) Reservation.--From amounts received pursuant to paragraph (1), each State educational agency may reserve 1 percent of such amount for administrative expenses. (B) Formula.--From the remainder of amounts received pursuant to paragraph (1) in each fiscal year, each State educational agency shall allot to each eligible local educational agency with an approved application an amount which bears the same relationship to such funds as the amount such eligible local educational agency was allocated under sections 1005 and 1006 of the Elementary and Secondary Education Act of 1965 in the preceding fiscal year bears to the total amount received under such sections in such preceding fiscal year by all eligible local educational agencies with approved applications in the State. (C) Administrative costs.--Not more than 5 percent of any eligible local educational agency's allotment under this subsection may be used for administrative costs. (c) Reallotment.--Any amounts available for reallotment pursuant to subsections (a) and (b) shall be reallotted in the same manner as the original allotments were made. (d) Reservation for Community-Based Organizations and Nonprofit Partnerships.-- (1) In general.--From the amounts allotted under subsection (b)(2) for any fiscal year, each eligible local educational agency shall reserve not more than 5 percent to make as many grants as practicable for activities in accordance with the National Education Goals and described in section 105 to-- (A) community-based organizations; or (B) nonprofit partnerships among the eligible local educational agency, local colleges or universities, or area-wide collaboratives with private sector businesses who enter into a written agreement with the eligible local educational agency. (2) Special rule.--Grants awarded pursuant to paragraph (1) shall be of sufficient size, scope and quality to be effective. SEC. 103. APPLICATION. (a) State Application.-- (1) In general.--Each State educational agency desiring to receive an allotment in any fiscal year to carry out the provisions of this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) contain such information as the Secretary may reasonably require in order to make the allotment described in section 102(b)(1); (B) inform the Secretary regarding any eligible local educational agency that fails to comply with the provisions of this title; and (C) contain such other information or assurances as the Secretary determines necessary to ensure compliance with the provisions of this title. (b) Local Application.-- (1) In general.--Any eligible local educational agency desiring to receive an allotment to carry out the provisions of this title, shall-- (A) develop and prepare an application with the local advisory group in accordance with section 109 of this Act; (B) submit the application described in subparagraph (A) to the State educational agency at such time, in such manner and accompanied by such information as the State educational agency may reasonably require. (2) Contents of local educational agency application.--Each application submitted by an eligible local educational agency pursuant to paragraph (1) shall include a description of-- (A) the ranking of all schools in the eligible local educational agency by achievement, poverty, and racial isolation and how such schools will be served in accordance with section 110(a); (B) the community served by the eligible local educational agency and the effects of the community on the educational conditions within the schools served by the eligible local educational agency; (C) the collaboration in program planning with the local advisory group described in section 109; (D) the goals selected by the eligible local educational agency pursuant to section 106(b), the rationale for choosing such goals over others, and a description of whether the goals selected differ between elementary and secondary schools in the district; (E) how funds received under this title will be used to meet the National Educational Goals selected by the eligible local educational agency; (F) how promising or successful models or programs will be replicated in designing activities assisted under this title; (G) which federally funded programs and activities are being expanded under this title; and (H) the statistical indicators and other criteria that the eligible local educational agency will use to measure progress toward meeting National Education Goals, and a description of what the local educational agency has done to ensure that any assessments used to measure such progress will not have a negative effect on minority or language minority students; (3) Duration.--Except as provided in section 106, the application described in paragraph (1) may be for a period of not more than 3 years. (c) Community-Based Organizations and Nonprofit Partnerships.--Any community-based organization or nonprofit partnership described in section 102(d) desiring to receive a grant from an eligible local educational agency pursuant to such section shall-- (1) prepare an application for approval by the local advisory group described in section 109 and submit such application to the eligible local educational agency; (2) describe in the application the collaborative efforts undertaken with the eligible local educational agency in designing a program to meet the purposes of the Act; and (3) describe in the application how funds will be used to help meet the education goals selected by the eligible local educational agency pursuant to subsection (b) of this section. SEC. 104. PLANNING PERIOD. Any eligible local educational agency requiring additional planning efforts to meet the provisions of this title may use the first 6 months of the initial program year for planning purposes, subject to approval by the State educational agency, except that no more than 15 percent of the first year's allotment shall be used for such purposes. A written report of the results of the plan shall be submitted to the State educational agency. SEC. 105. USES OF FUNDS. (a) In General.--Funds allotted under section 102(b)(2) shall be used by eligible local educational agencies, or community-based organizations or nonprofit partnerships described in section 102(d) to meet national education goals through programs designed to-- (1) increase the academic achievement of rural school children to at least the national average, including such education reform initiatives as-- (A) effective schools programs; (B) tutoring, mentoring, and other activities to improve academic achievement directly; (C) supplementary academic instruction; (D) efforts to improve problem-solving and higher- order critical thinking skills; (E) programs to increase student motivation for learning; (F) efforts to lengthen the school day, school year or reduce class sizes; and (G) encouraging the establishment of rural school consortia to increase efficiency and course offerings; and (2) ensure the readiness of all rural children for school, including-- (A) full workday, full calendar-year comprehensive early childhood development programs; (B) parenting classes and parent involvement activities; (C) activities designed to coordinate prekindergarten and child care programs; (D) efforts to integrate developmentally appropriate prekindergarten services into the overall school program; (E) upgrading the qualifications of early childhood education staff and standards for programs; (F) collaborative efforts with health and social service agencies to provide comprehensive services and to facilitate the transition from home to school; (G) establishment of comprehensive child care centers in high schools for student-parents and their children; and (H) augmenting early childhood development programs to meet the special educational and cultural needs of limited-English proficient and migrant preschool children; (3) increase the graduation rates of rural students to at least the national average, including-- (A) dropout prevention activities and support services for students at-risk of dropping out of school; (B) re-entry, outreach and support activities to recruit students who have dropped out of school to return to school; (C) development of systemwide policies and practices that encourage students to stay in school; (D) efforts to provide individualized student support, such as mentoring programs; (E) collaborative activities between schools, parents, community groups, agencies and institutions of higher education aimed at preventing individuals from dropping out of school; (F) programs to increase student attendance; and (G) alternative programs for students, especially bilingual, special education and migrant students, who have dropped out of school or are at-risk of dropping out of school; (4) prepare rural school graduates to enter higher education, pursue careers and exercise their responsibilities as citizens, including-- (A) activities designed to increase the number and percentages of students, enrolling in postsecondary educational institutions after graduation from secondary schools; (B) in-school youth employment, vocational education, and career education programs that improve the transition from school to work; (C) activities designed in collaboration with colleges and universities to assist rural school graduates in completing higher education; (D) activities designed in conjunction with community colleges to provide a K-14 experience for rural school secondary school students; (E) efforts to increase voter registration among eligible high school students attending schools served by eligible local educational agencies; (F) activities designed to promote community service and volunteerism among students, parents, teachers, and the community; (G) civic education, law-related education and other programs designed to enhance responsible citizenship and understanding of the political process; and (H) encouraging a positive role for rural public schools in local rural entrepreneurship and the identification of rural community economic development opportunities; (5) recruit and retain qualified teachers, including-- (A) school-based management projects and activities; (B) programs designed to increase the status of the teaching profession; (C) alternative routes to certification for qualified individuals from business, the military and other fields; (D) efforts to recruit and retain teachers in critical shortage areas, including early childhood teachers, mathematics and science teachers, and special education and bilingual teachers; (E) upgrading the skills of existing classroom teachers through the use of year-round, systematic, comprehensive inservice training programs; (F) upgrading the skills of teacher aides and paraprofessionals to assist such individuals in becoming certified teachers; (G) efforts specifically designed to increase the number of minority teachers in rural schools; (H) programs designed to ``grow your own'' teachers; (I) incentives for teachers to work in rural schools; (J) collaborative activities with colleges and universities to revise and upgrade teacher training programs to meet the needs of rural school students; and (K) training activities for the purpose of incorporating distance learning technologies; (6) decrease the use of drugs and alcohol among rural students, and to enhance the physical and emotional health of such students, including-- (A) activities designed to improve the self-esteem and self-worth of rural students; (B) the provision of health care services and other social services and the coordination of such services with other health care providers; (C) programs designed to improve safety and discipline and reduce in-school violence and vandalism; (D) activities that begin in the early grades and are designed to prevent drug and alcohol abuse and smoking among students; (E) collaborative activities with other agencies, businesses, and community groups to discourage the advertisement and glorification of drugs and alcohol; (F) efforts to enhance health education and nutrition education; and (G) alternative schools, and schools-within-schools programs, including bilingual, migrant and special education programs for students with special needs. (b) Special Rule.--Funds allotted under section 102(b)(2) may be used by eligible local educational agencies, community-based organizations, or nonprofit partnerships described in section 102(d) for the planning, development, operation, or expansion of programs and activities which are designed to assist rural schools in meeting National Education Goals, and may include-- (1) training of teachers and other educational personnel in subject areas, or instructional technology and methods that would improve the delivery of services in rural settings in any of the National Education Goal areas, including staff development efforts which emphasize multicultural, gender and disability bias-free curricula; (2) coordination and collaboration with other rural agencies, including State rural development councils, child care organizations, universities or the private sector; (3) parental involvement and outreach efforts and other activities designed to enhance parental encouragement of student learning; (4) guidance counseling, psychological, social work, and other support services that contribute to progress in achieving national education goals; (5) efforts to acquire and improve access to educational technology, including distance learning technologies; (6) programs to serve homeless children, desegregating children, immigrants, migrants, or other highly mobile populations, even if such individuals do not attend a rural project school assisted under this title; (7) efforts to improve, reform and strengthen the curriculum, especially efforts to enhance critical thinking skills among rural students, and efforts to coordinate services across grade levels; and (8) other activities designed to assist in achieving the national education goals. (c) Priority.--Each local educational agency submitting an application under this section shall give priority in designing the program assisted under this title to activities that replicate successful efforts in other local educational agencies or expand successful programs within the eligible local educational agency. SEC. 106. ACCOUNTABILITY. (a) In General.--The State educational agency may award an allotment under this title to an eligible local educational agency to enable such an agency to operate a program under this title for a period of not more than 3 years. If an eligible local educational agency receiving an allotment under this title meets the accountability requirements described in subsection (b) at the end of 3 years and the requirements described in subsection (c) at the end of each year, as determined by the State educational agency, such agency shall be eligible to continue the project with funds under this title for an additional 3 years if such agency so desires. (b) Requirements To Move Toward National Education Goals.-- (1) Program continuation.--If, after 3 years of receiving an allotment under this title, an eligible local educational agency is able to demonstrate to the satisfaction of the State educational agency that it has increased the achievement within the lowest 2 quartiles of students in schools assisted under this title as measured by the statistical indicators and other criteria specified in the application in comparison to the year prior to the initiation of the project, then such agency shall be eligible to continue the project with funds under this title for an additional 3 years upon reapplication under section 103. (2) Special rule.--If, after 3 years of receiving an allotment under this title, an eligible local educational agency is able to demonstrate progress on meeting at least 3 other National Education Goals as measured by the criteria described in paragraph (3), then such agency shall be deemed to have met the requirements of paragraph (1) so long as the average achievement level of the schools assisted under this title did not decline in any of the 3 previous school years. (3) Criteria.--For purposes of paragraph (2), the criteria are: (A) The number or percentage of preschool children served by the eligible local educational agency is greater than the average such number or percentage in the 3 previous school years. (B) The secondary school graduation rate in the eligible local educational agency is greater than the average such rate for the 3 previous school years. (C) The percentage of secondary school graduates in the eligible local educational agency enrolled in postsecondary education is greater than such percentage for the 3 previous school years. (D) The incidence of discipline, drug-related or in-school crime in the eligible local educational agency is less than the average such incidence in the 3 previous school years. (c) Collection of Data and Certification.-- (1) In general.--Each eligible local educational agency, community-based organization, or nonprofit partnership described in section 102(d) receiving an allotment under this title shall annually collect and submit to the State educational agency data based on the statistical indicators and other criteria described in the application submitted by such eligible local educational agency for the purposes of monitoring progress in achieving the National Education Goals in accordance with paragraph (2). Such data shall include multiple measures or indicators of each variable, and may take into consideration the mobility of students in the schools served under this title or other special factors. (2) Certification.-- (A) Each eligible local educational agency receiving an allotment pursuant to section 102(b)(2) shall annually certify to the State educational agency that such eligible local educational agency has-- (i) complied with the provisions of section 106(c); and (ii) made progress toward meeting national education goals and the goals described in section 103(b)(2)(D). (B) The certification described in subparagraph (A) shall be reviewed by an independent educational performance auditor for compliance with clauses (i) and (ii) of subparagraph (A). SEC. 107. INCENTIVE AWARDS TO EXEMPLARY PROGRAMS. From amounts reserved pursuant to section 102(a) or otherwise made available, the Secretary is authorized to make competitive awards to eligible local educational agencies on behalf of individual schools participating in a program assisted under this title which demonstrate to the satisfaction of the Secretary at least 3 of the following: (1) Unusual or exemplary progress in achieving the National Education Goals through programs described in section 105. (2) Exemplary or unusually effective collaborative arrangements between the schools, community-based organizations, agencies, parent groups, colleges and businesses. (3) Identification, review and removal of potential barriers to student performance in the National Education Goal areas, such as suspensions and expulsions, in-grade retentions, ability grouping, and lack of access to course offerings in prealgebra, introductory algebra, higher mathematics, science, foreign languages, and critical thinking skills. (4) Substantial expansion of the hours schools assisted under this title remain open for community use or student after-school recreation. SEC. 108. REGULATORY ASSESSMENT. (a) Report on Rural Public Schools.--In order to assist eligible local educational agencies under this Act in improving the performance of the school children enrolled in the schools served by such agencies, the Secretary shall, not later than January 1, 1995, prepare a report on the impact of Federal regulations, guidelines and policies on rural public schools. (b) Contents of Report.--The report shall analyze the impact of Federal legal, regulatory, policy and organizational requirements on the time and resources that eligible local educational agencies assisted under this Act have for educating students, including fiscal resources, staff time, facilities, instructional equipment, and services. The report shall make recommendations on how best to simplify Federal regulations, guidelines and policies so that more resources can be devoted to improving rural school performance. The report shall also identify the regulations whose waiver might be used as incentives or rewards for unusual progress toward meeting National Education Goals. (c) Specific Issues for Analysis.--In preparing the report required by subsection (a), the Secretary shall analyze-- (1) the effect of regulatory requirements on local program flexibility and management within eligible local educational agencies; (2) the effect of regulatory requirements on the size, cost and composition of administrative practices within eligible local educational agencies; (3) the extent to which regulatory requirements are duplicative or contradictory; (4) the amount of time and resources that school administrators and teachers must spend responding to data requests and reporting requirements pursuant to Federal law; (5) the extent to which regulatory requirements are related to instructional rather than noninstructional practices in eligible local educational agencies; (6) the relationship between specific regulatory requirements and the educational performance of rural students; and (7) how the waiver or simplification of regulatory requirements could enhance the performance of rural school children and the progress of rural schools in meeting National Education Goals. (d) Sample Data.--The Secretary may, in developing the report described in subsection (a), use appropriate sampling techniques. (e) Consultation With Congress.--The Secretary shall consult with the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of the Senate concerning the design of the report described in this section. SEC. 109. LOCAL ADVISORY GROUP. (a) Establishment.--Any eligible local educational agency desiring to receive an allotment under this Act shall form a local advisory group. (b) Composition.-- (1) In general.--Each local advisory group described in subsection (a) shall be composed of representatives of groups such as-- (A) local government agencies; (B) community-based organizations; (C) service providers; (D) teachers; (E) parents; (F) colleges and universities; (G) businesses; (H) principals, other school administrators and school personnel, including the local vocational education administrator; (I) counselors, school psychologists and social workers; (J) students; (K) State educational agencies and State boards of education; (L) labor; (M) offices of the Mayor; (N) religious leaders; and (O) organizations with an interest in improving rural education and expertise in the delivery of services needed by the schools selected to participate in a program assisted under this Act. (2) Appointment.--The superintendent of schools and the president of the board of education of the eligible rural local educational agency applying for funds under this title shall appoint the members of the local advisory group, in consultation with teachers from the eligible local educational agency and the teacher's local bargaining agent where one exists. The local advisory group may contain as many members as is necessary to ensure a comprehensive community-wide program to improve education in the schools served by the eligible local educational agency. (3) Representation.--The local advisory group shall be representative of the community and shall be balanced according to the race, ethnicity, native language background, and gender of its members, to the extent practicable. (c) Functions.--The local advisory group shall-- (1) advise the eligible local educational agency on the design and conduct of a needs assessment for all schools expected to participate in the program assisted under this title; (2) assist in planning for community-wide collaboration in service delivery for students in schools expected to be served by the program assisted under this title; (3) advise the eligible local educational agency and the community on how they can work together to use multiple service providers; (4) advise and assist the eligible local educational agency on the implementation of the program assisted under this title and review evaluations of such program's success; (5) review and approve applications submitted to the eligible local educational agency by community-based organizations pursuant to section 103(c); (6) advise the eligible local educational agency on strategies for increasing parent involvement and the number of school volunteers and role models in schools; and (7) review the success of community-based programs assisted under this title for progress on the national education goals. (d) Use of Existing Local Advisory Group.--To the extent that an eligible local educational agency has established a broadly representative local advisory group before enactment of this Act that is comparable to the local advisory group described in this section, such existing local advisory group shall be considered to be in compliance with the provisions of this section. SEC. 110. SPECIAL RULES. (a) Ranking of Schools in Local Educational Agencies Serving More Than One School To Determine Relative Need.-- (1) Ranking.-- (A) In general.--Each eligible local educational agency desiring to receive an allotment under this title shall, in order to determine which schools are most in need of services under this title, separately rank all schools under the jurisdiction of such agency on the basis of-- (i) achievement; (ii) poverty; and (iii) racial isolation. (B) Special rules.--(i) Eligible local educational agencies may rank elementary and secondary schools separately or together for purposes of this subsection. (ii) Eligible local educational agencies participating in a consortium may rank elementary and secondary schools separately for each local educational agency participating in the consortium for purposes of this subsection. (2) Percentage of schools to be served.--Each eligible local educational agency that receives an allotment under this title shall serve at least 10 percent, but not more than 20 percent, of the schools under the jurisdiction of such agency, except that in school districts with less than 2,500 students, an eligible local educational agency may use all of its funds for districtwide reform activities. (3) Criteria for schools to be served.--Subject to the provisions of paragraph (2) of this section, each eligible local educational agency that receives an allotment under this title-- (A) shall serve any school that is determined to be most in need with respect to both rankings described in paragraph (1); (B) may serve any school that is determined to be most in need with respect to any 1 of such rankings; and (C) may serve any school that received assistance under this title in a previous fiscal year. (b) Exclusion.--Local educational agencies with not more than 5 buildings used for instruction purposes shall be exempt from the ranking process and shall receive funding as determined under subsection (d). (c) Flexibility.--Each eligible local educational agency shall have the flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations within the program assisted under this title. (d) Chapter 1 School Improvement Plan.--The approved program for any school served under sections 1020 and 1021 of the Elementary and Secondary Education Act of 1965, may be considered sufficient to meet the requirements of the provisions of section 106(b)(1) of this title. TITLE II--SCHOOL BUILDING REPAIR AND RENOVATION SEC. 201. PURPOSE; AUTHORIZATION OF APPROPRIATIONS. (a) Purpose.--It is the purpose of this title to provide assistance to eligible local educational agencies to assist such agencies in building or repairing, and renovating instructional facilities in rural schools including but not limited to the appropriate use of telecommunications techniques for learning. (b) Authorization of Appropriations.--There are authorized to be appropriated $1,500,000,000 for 1994 and such sums as may be necessary for each of the fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 to carry out the provisions of this title. SEC. 202. ALLOTMENT OF FUNDS. (a) Allotments.-- (1) Federal allotment.--In each fiscal year, the Secretary shall allot to each State educational agency with an approved application, an amount which bears the same relationship to such funds as the amount all eligible local educational agencies with approved applications in the State were allocated under sections 1005 and 1006 of the Elementary and Secondary Education Act of 1965 in the preceding fiscal year bears to the total amount received under such sections in such preceding fiscal year by all eligible local educational agencies with approved applications in all States. (2) State allotment.-- (A) Reservation.--From amounts received pursuant to paragraph (1), each State educational agency may reserve 1 percent of such amount for administrative expenses. (B) Formula.--From the remainder of amounts received pursuant to subparagraph (A) in each fiscal year, each State educational agency shall allot to each eligible local educational agency within the State with an approved application-- (i) 33 percent of such funds on the basis of the number of children in the eligible local educational agency between the ages of 5 and 17 who are members of families whose income does not exceed the income official poverty line (as defined by the Office of Management and Budget), according to the most recent decennial census, divided by the number of all such children in all eligible local educational agencies in the State; (ii) 33 percent of such funds on the basis of the number of school buildings used for instructional purposes in the eligible local educational agency, divided by the number of all such buildings in all eligible local educational agencies in the State; and (iii) 33 percent of such funds on the basis of the number of school buildings in the eligible local educational agency which are used for instructional purposes and which are more than 25 years old, divided by the number of all such buildings in all eligible local educational agencies in the State. (b) Reallotment.--Any amounts available for reallotment pursuant to subsections (a) and (b) shall be reallotted in the same manner as the original allotments were made. SEC. 203. APPLICATION. (a) State Application.-- (1) In general.--Each State educational agency desiring to receive an allotment in any fiscal year to carry out the provisions of this title shall submit to the Secretary an application at such time, in such manner and accompanied by such information as the Secretary reasonably may require. (2) Contents.--Each application submitted pursuant to paragraph (1) shall-- (A) contain such information as the Secretary may reasonably require in order to make the allotment described in section 202(a)(1); and (B) contain such other information and assurances as the Secretary determines necessary to ensure compliance with the provisions of this title. (b) Local Application.-- (1) In general.--Any eligible local educational agency desiring to receive an allotment to carry out the provisions of this title shall submit to the State educational agency an application at such time, in such manner and accompanied by such information as the State educational agency may reasonably require. (2) Duration.--Each application submitted pursuant to paragraph (1) shall be for a period of not more than 3 years. (3) Annual review.--Each application submitted pursuant to paragraph (1) shall be subject to annual review. (4) Contents.--Each application submitted pursuant to paragraph (1) shall contain-- (A) an assessment of needs for building repair, renovation and construction; (B) the name and location of all sites scheduled for repair, renovation or construction and a description of the activities planned at each site; and (C) a description of accounting procedures used to assure proper disbursement of Federal funds. SEC. 204. REPAIR AND RENOVATION. Each eligible local educational agency receiving an allotment under section 202(a)(2) shall use 50 percent of such allotment to conduct programs for-- (1) repair and renovation of school buildings used for instruction; (2) upgrading of and alterations to buildings to accommodate new instructional technology, including the installation and/or improvement of telecommunications facilities for learning and related technologies. (3) installation or upgrading of school security and communications systems; (4) construction of new buildings that will serve to replace old facilities that are most cost effectively torn down rather than renovated; (5) alterations to buildings to meet special program, curricula, or school-site management needs; (6) alterations to buildings to meet certain special population needs, such as the needs of homeless children and preschool children; (7) alterations to school buildings to enable such buildings to serve as one-stop family support centers; and (8) facilities' costs associated with lengthening the school day or school year. SEC. 205. ENVIRONMENT AND SAFETY. Each eligible local educational agency receiving an allotment under section 202(a)(2) shall use 50 percent of such allotment to conduct programs for-- (1) energy conservation; (2) removal or containment of environmentally hazardous material; (3) meeting the requirements of section 504 of the Rehabilitation Act of 1973; and (4) meeting local, State or Federal laws or regulations enacted or promulgated since the initial construction of a building related to fire, air, light, noise, waste disposal, or building height. SEC. 206. WAIVER. The State educational agency may waive the 50 percent requirements described in sections 204 and 205 for any eligible local educational agency that demonstrates to the satisfaction of the State educational agency a greater need for services described in section 204 or 205. SEC. 207. APPLICATION OF THE DAVIS-BACON ACT. All laborers and mechanics employed by contractors or subcontractors in any construction, alteration, or repair, including painting and decorating, of projects, buildings, and works which are federally assisted under this Act, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (commonly known as the Davis-Bacon Act), as amended (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). TITLE III--EVALUATION OF RESULTS Subtitle A--Assistant Secretary SEC. 301. ASSISTANT SECRETARY FOR RURAL EDUCATION. (a) Amendment to the Department of Education Organization Act.-- Title II of the Department of Education Organization Act (20 U.S.C. 3401 et seq.) is amended-- (1) in section 202(b)(1) by-- (A) striking ``and'' at the end of subparagraph (F); (B) striking the period at the end of subparagraph (G) and inserting a semicolon and ``and''; and (C) inserting at the end thereof the following new subparagraph: ``(H) an Assistant Secretary for Rural Education.''. Subtitle B--Rural School Research and Evaluation SEC. 311. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000 to carry out the provisions of this subtitle. SEC. 312. ESTABLISHMENT; OPERATION; USES OF FUNDS. (a) Establishment.--From amounts appropriated pursuant to the authority of section 311, the Secretary shall establish for each region a center to be known as the ``National Rural Regional Education Research Center'' (in this subtitle referred to as the ``Center''). (b) Operation.--Each Center shall be operated by the regional educational laboratory that is located in the region in which the Center is located and supported by the Secretary pursuant to section 405(d)(4)(A) of the General Education Provisions Act. (c) Use of Funds.--Each Center shall-- (1) conduct independent research in rural education and distance learning technologies; (2) evaluate the progress of rural schools receiving funds under title I of this Act toward meeting the National Education Goals; (3) serve as clearinghouses on rural education research findings, policies, and practices; (4) develop measurements of progress of rural schools; (5) disseminate results of evaluations and research on rural schools to other Centers and rural school district teachers and parents; (6) develop collaborative arrangements and consortia among rural schools in each region to conduct joint research and evaluation activities; (7) replicate successful models and program approaches in rural schools; (8) provide technical assistance and outreach services for rural schools in each region; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the National Education Goals. SEC. 313. LOCAL RURAL SCHOOL EVALUATION. From the amount appropriated pursuant to the authority of section 311 or otherwise made available to carry out the provisions of this subtitle in any fiscal year, each Center shall reserve 25 percent of such funds received for direct grants to rural eligible local educational agencies within the region served by such Center and which are participating in a program assisted under title I to conduct local school district research and evaluation of efforts toward meeting the National Education Goals. SEC. 314. LOCAL APPLICATIONS. Any eligible rural local educational agency desiring to receive a grant under this subtitle shall-- (1) submit an application to the Center; (2) describe in such application the research and evaluation activities for measuring progress on the National Education Goals; (3) consult with local universities, research institutes, and other rural groups in developing a local research and evaluation application; and (4) describe capacities for conducting evaluations with funds provided under this subtitle. TITLE IV--GENERAL PROVISIONS SEC. 401. INTERAGENCY COUNCIL ON RURAL SCHOOLS. (a) Establishment.--There is established the Interagency Council on Rural Schools (hereafter in this section referred to as the ``Council''). (b) Composition.-- (1) In general.--The Council shall consist of-- (A) the Secretary of Education, who shall serve as Chairperson of the Council; (B) the Secretary of Labor; (C) the Secretary of Health and Human Services; (D) the Secretary of Agriculture; (E) the Secretary of Energy; (F) the Secretary of Commerce; (G) the Director of the Environmental Protection Agency; (H) the Director of the Commission on Civil Rights; (I) the Chairperson of the Advisory Commission on Intergovernmental Relations; (J) the Chairperson of the National Endowments on the Arts and the Humanities; (K) the Director of the National Science Foundation; (L) such other officers of the Federal Government as may be designated by the President or the Chairperson of the Council to serve wherever matters within the jurisdiction of the agency headed by such an officer are to be considered by the Council. (2) Representation.--Each individual described in paragraph (1) may designate a person to represent such individual on the Council. (3) Duration.--Each member shall be appointed for as long as such member serves as the head of the appropriate department or agency. (4) Principal advisor.--The Chairperson of the Council shall be the President's principal advisor on rural schools. (c) Quorum.--Seven members of the Council shall constitute a quorum for the purposes of transmitting recommendations and proposals to the President, but a lesser number may meet for other reasons. (d) Meetings.--The Council shall meet at least 2 times each year. When a Council member is unable to attend a meeting, the Council member shall appoint an appropriate Assistant Secretary or an equivalent individual from the department or agency of the member to represent the member for that meeting. (e) Duties of the Council.--The Council shall-- (1) review programs and activities conducted by each department or agency represented on the Council to determine the effects of such programs and activities on the ability of rural schools to meet National Education Goals; (2) track progress of rural schools in meeting National Education Goals; (3) solicit information and advice from experts in rural education and representatives of rural schools, including representatives from rural postsecondary education, on how the Federal Government may improve the programs and activities of the Federal Government which serve rural school students; (4) review regulations across various departments or agencies of the Federal Government for duplication or contradiction; (5) issue an annual report to Congress and the President on the progress rural schools are making in meeting the National Education Goals, and on how Congress might change Federal programs to improve the effectiveness of such programs in rural schools; (6) review and make recommendations regarding ways to improve or streamline various Federal data collection activities in rural schools; and (7) conduct such research as may be helpful to rural school practitioners at the elementary, secondary and postsecondary level in improving the performance of students attending rural schools. SEC. 402. WHITE HOUSE CONFERENCE ON RURAL EDUCATION. (a) Authorization To Call Conference.-- (1) In general.--The President is authorized to call and conduct a White House Conference on Rural Education (hereafter in this section referred to as the ``Conference''). (2) Special rule.--For the purpose of this section the term ``Conference'' means the Conference on Rural Education. (3) Date.--The Conference described in paragraph (2) shall be held not earlier than November 1, 1994, and not later than October 30, 1996. (4) Purpose.--The purposes of the Conference shall be to-- (A) develop recommendations and strategies for the improvement of rural education; (B) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in achieving National Education Goals, and make recommendations on the roles rural public schools can play to assist with local rural community economic revitalization; and (C) conduct the initial planning for a permanent national commission on rural education. (b) Composition of Conference.-- (1) In general.--The Conference shall be composed of-- (A) representatives of eligible public school systems, including board of education members, school superintendents and classroom teachers; (B) representatives of the Congress, the Department of Education and other Federal agencies; (C) State elected officials and representatives from State educational agencies; (D) individuals with special knowledge of and expertise in rural education, including individuals involved with rural postsecondary education; and (E) individuals with special knowledge of and expertise in rural business. (2) Selection.--The President shall select one-third of the participants of the Conference, the Speaker of the House of Representatives shall select one-third of such participants, and the majority leader of the Senate shall select the remaining one-third of such participants. (3) Representation.--In selecting the participants of the Conference the President, the Speaker of the House of Representatives, and the majority leader of the Senate shall ensure that the participants are as representative of the ethnic, racial, and language diversity of rural areas as is practicable. (c) Reports.-- (1) In general.--The final reports of the Conference, containing such findings and recommendations as may be made by the Conference, shall be submitted to the President not later than 120 days following the termination of the Conference. The final reports shall be made public and, within 90 days after receipt by the President, transmitted to the Congress together with a statement of the President containing recommendations for implementing the reports. (2) Publication and distribution.--The Conference is authorized to publish and distribute the reports described in this section. Copies of the reports shall be provided to the Federal depository libraries and made available to local rural school leaders and teachers. (d) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for fiscal years 1994, 1995, and 1996 such sums as may be necessary to carry out the provisions of this section. (2) Availability.--Amounts made available pursuant to the authority of paragraph (1) shall remain available until expended. SEC. 403. FEDERAL FUNDS TO SUPPLEMENT NOT SUPPLANT NON-FEDERAL FUNDS. An eligible local educational agency may use funds received under this Act 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 education of students participating in activities assisted under this Act and in no such case may such funds be used to supplant funds from non-Federal sources. SEC. 404. DEFINITIONS. Except as otherwise provided, for the purposes of this Act-- (1) the term ``community-based organization'' means a private nonprofit organization which is representative of a community or significant segments of a community and which has a proven record of providing effective educational or related services to individuals in the community; (2) the term ``Community as School Concept'' means the mutual sharing of the local public school's and the local community's human, financial, technical, and environmental resources to help meet each others needs; (3) the term ``local educational agency'' includes a rural eligible local educational agency; (4) the term ``institution of higher education'' has the meaning given to such term in section 1201(a) of the Higher Education Act of 1965; (5) the term ``local educational agency'' has the meaning given to such term in section 1471(12) of the Elementary and Secondary Education Act of 1965; (6) the term ``poverty level'' means the criteria of poverty used by the Bureau of 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 for All Rural Consumers; (7) the term ``rural eligible local educational agency'' means a local educational agency-- (A) that is located in a county-- (i) in which at least 15 percent of the children enrolled in the schools of such county are eligible to be counted under section 1005 of the Elementary and Secondary Education Act of 1965; and (ii) which is not in a metropolitan statistical area; (B) in which at least 15 percent of the children enrolled in the schools of such local educational agency live at or below the poverty level; or (C) in which the total enrollment in the schools of such local educational agency is less than 2,500 students and that does not serve schools located in a metropolitan statistical area; (8) the term ``rural school consortia'' means two or more local rural public school districts cooperating together for the purpose of increasing their ability to provide educational services; (9) the term ``Secretary'', except as otherwise specified, means the Secretary of Education; (10) the term ``State'' means each of the several States, but does not include the District of Columbia, Guam, American Samoa, the Commonwealth of Puerto Rico, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and Palau; and (11) the term ``State educational agency'' has the meaning given to such term in section 1471(23) of the Elementary and Secondary Education Act of 1965. <all> HR 1687 IH----2 HR 1687 IH----3 HR 1687 IH----4