[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Reported in House (RH)]
Union Calendar No. 325
103d CONGRESS
2d Session
H. R. 6
[Report No. 103-425]
_______________________________________________________________________
A BILL
To extend for six years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain other purposes.
_______________________________________________________________________
February 16, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
Union Calendar No. 325
103d CONGRESS
2d Session
H. R. 6
[Report No. 103-425]
To extend for six years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. Kildee (for himself, Mr. Ford of Michigan, and Mr. Goodling)
introduced the following bill; which was referred to the Committee on
Education and Labor
October 22, 1993
Additional sponsors: Mrs. Unsoeld, Ms. Byrne, Mr. Gutierrez, Mr.
Dickey, Mr. Gene Green of Texas, Mr. Traficant, Mr. Clay, Mr. Martinez,
Mr. Jefferson, Mr. Scott, Mr. Romero-Barcelo, Mr. Peterson of
Minnesota, Mr. Durbin, Mr. Penny, Mr. Towns, Mrs. Maloney, Mr. Klink,
Mrs. Clayton, Mr. LaFalce, Mr. Mineta, Mr. Rangel, Mr. Frost, Mr.
Filner, Mr. Hastings, Mr. Miller of California, Mr. Parker, Mr. Payne
of New Jersey, Miss Collins of Michigan, Mr. Blackwell, Mr. Fazio, Mr.
Hughes, Mr. Inslee, and Mr. Stupak
February 16, 1994
Additional sponsors: Mr. McCloskey, Mr. Engel, and Mr. Markey
February 16, 1994
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
5, 1993]
_______________________________________________________________________
A BILL
To extend for six years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain 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 ``Improving
America's Schools Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title.
Sec. 2. Effective dates; transition.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
Sec. 101. Amendments to the Elementary and Secondary Education Act of
1965.
``Sec. 1. Short title.
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``Sec. 1001. Declaration of policy and statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Part A--Basic Programs Operated by Local Educational Agencies
``subpart 1--basic program requirements
``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Assessment and school and local educational agency
improvement.
``Sec. 1117. State assistance for school support and
improvement.
``Sec. 1118. Parental involvement.
``Sec. 1119. Professional development.
``Sec. 1120. Participation of children enrolled in private
schools.
``Sec. 1121. Fis``subpart 2--allocations
``Sec. 1122. Grants for the outlying areas and the Secretary of
the Interior.
``Sec. 1123. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational
agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.
``Part B--Even Start Family Literacy Programs
``Sec. 1201. Statement of purpose.
``Sec. 1202. Program authorized.
``Sec. 1203. State programs.
``Sec. 1204. Uses of funds.
``Sec. 1205. Program elements.
``Sec. 1206. Eligible participants.
``Sec. 1207. Applications.
``Sec. 1208. Award of subgrants.
``Sec. 1209. Evaluation.
``Part C--Education of Migratory Children
``Sec. 1301. Program purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-
delivery plan; authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Distance learning.
``Sec. 1310. Definitions.
``Part D--Prevention and Intervention Services for Delinquent Youth and
Youth at Risk of Dropping Out
``Sec. 1401. Findings; purpose; program authorized.
``Sec. 1402``subpart 1--state agency programs part.
``Sec. 1403. Amount of allocation to State.
``Sec. 1404. State plan.
``Sec. 1405. Use of funds.
``Sec. 1406. Institution-wide projects.
``Sec. 1407. Three-year projects.
``Sec. 1408``subpart 2--local agency programs
``Sec. 1410. Programs operated by local educational agencies.
``Sec. 1411. Program evaluations.
``Sec. 1412. Definitions.
``Part E--Federal Evaluations, Demonstrations, and Transition Projects
``Sec. 1501. Evaluations.
``Sec. 1502. Demonstrations of innovative practices.
``Sec. 1503. Innovative elementary school transition projects.
``Part F--General Provisions
``Sec. 1601. Federal regulations.
``Sec. 1602. Coordination of Federal, State, and local
administration.
``Sec. 1603. State administration.
``TITLE II--IMPROVING TEACHING AND LEARNING
``Part A--Dwight D. Eisenhower Professional Development Program
``Sec. 2101. Findings.
``Sec. 2102. Purposes.
``Sec. 2103. Authorization of appropriations; allocation
``subpart 1--federal activities
``Sec. 2111. Program authorized.
``Sec. 2``subpart 2--state and local activities
``Sec. 2121. Program authorized.
``Sec. 2122. Allocation of funds.
``Sec. 2123. Within-state allocations.
``Sec. 2124. State applications.
``Sec. 2125. State-level activities.
``Sec. 2126. Local plan and application for improving teaching
and learning.
``Sec. 2127. Local cost sharing.
``Sec. 2128. Local allocation of funds and allowable
activities.
``Sec. 2129.``subpart 3--general provisions
``Sec. 2131. Reporting and accountability.
``Sec. 2132. Definitions.
``Part B--Technology Education Assistance
``subpart 1--assistance to state and local educational agencies
``Sec. 2201. Short title.
``Sec. 2202. Findings.
``Sec. 2203. Statement of purpose.
``Sec. 2204. Definitions.
``Sec. 2205. In-State apportionment.
``Sec. 2206. Elementary and secondary education programs.
``Sec. 2207. Higher education programs.
``Sec. 2208. Library and literacy programs.
``Sec. 2209. State educational technology plan.
``Sec. 2210. Local educational technology plan.
``Sec. 2211. Federal administration.
``Sec. 2212. Allocation of funds.
``subpart 2--research, development, and demonstration of educational
technology
``Sec. 2214. Findings and purposes.
``Sec. 2215. Office of educational technology.
``Sec. 2216. National long-range plan.
``Sec. 2217. Federal leadership.
``Sec. 2218``subpart 3--star schools program.
``Sec. 2219. Findings.
``Sec. 2220. Statement of purpose.
``Sec. 2221. Program authorized.
``Sec. 2222. Eligible entities.
``Sec. 2223. Applications.
``Sec. 2224. Leadership and evaluation activities.
``subpart 4--development of educational technology products
``Sec. 2226. Educational technology product development.
``Part C--Library Media Program
``Sec. 2231. Establishment of program.
``Sec. 2232. Allocation to States.
``Sec. 2233. State plans.
``Sec. 2234. Distribution of allocation to local educational
agencies.
``Sec. 2235. Authorization of appropriations.
``Part D--Support and Assistance for ESEA Programs
``Sec. 2341. Findings.
``Sec. 2342. Purpose.
``Sec. 2343. Programs authorized.
``Sec. 2344. Requirements of comprehensive assistance centers.
``Sec. 2345. Duties of comprehensive assistance centers.
``Sec. 2346. Maintenance of service.
``Sec. 2347. State-based activities.
``Sec. 2348. Program priorities.
``Sec. 2349. Technology-based technical assistance.
``Sec. 2350. Administration.
``Sec. 2351. Authorization of appropriations.
``Part E--Education Program Strategies
``Sec. 2401. Findings and Statement of purpose.
``Sec. 2402. Authorization of appropriations; duration of
``subpart 1--state and local programs
``Sec. 2411. Allotment to States.
``Sec. 2412. A``subpart 2--state programsnal agencies.
``Sec. 2421. State uses of funds.
``Se``subpart 3--local targeted assistance programs
``Sec. 2431. Targeted use of funds.
``Sec. 2432. Administrative authority.
````subpart 4--21st century community learning centers
``Sec. 2441. Findings.
``Sec. 2442. Funds for community learning centers.
``Sec. 2443. Programs.
``Sec. 2444. Requirements.
``Sec. 2445. Definition.
``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING
``Part A--Fund for the Improvement of Education
``Sec. 3201. Fund for the improvement of education.
``Part B--Gifted and Talented Children
``Sec. 3301. Short title.
``Sec. 3302. Findings and purposes.
``Sec. 3303. Definitions.
``Sec. 3304. Authorized programs.
``Sec. 3305. Program priorities.
``Sec. 3306. General provisions.
``Sec. 3307. Administration.
``Sec. 3308. Authorization of appropriations.
``Part C--Public Charter Schools
``Sec. 3401. Purpose.
``Sec. 3402. Program authorized.
``Sec. 3403. Applications.
``Sec. 3404. Selection of grantees; waivers.
``Sec. 3405. Uses of funds.
``Sec. 3406. National activities.
``Sec. 3407. Definitions.
``Sec. 3408. Authorization of appropriations.
``Part D--Arts in Education
``subpart 1--support for arts education
``Sec. 3501. S``subpart 2--community arts
``Sec. 3502. Short title.
``Part E--Inexpensive Book Distribution Program
``Sec. 3601. Inexpensive book distribution program for reading
motivation.
``Part F--Civic Education
``Sec. 3701. Instruction on the history and principles of
democracy in the United States.
``Sec. 3702. Instruction in civics, Government, and the law.
``Sec. 3703. Report; authorization of appropriations.
``Part G--Native Hawaiian Education
``Sec. 3801. Short title.
``Sec. 3802. Findings.
``Sec. 3803. Purpose.
``Sec. 3804. Native Hawaiian Education Council.
``Sec. 3805. Native Hawaiian Language Immersion Project.
``Sec. 3806. Native Hawaiian family-based education centers.
``Sec. 3807. Native Hawaiian Higher Education Demonstration
Program.
``Sec. 3808. Native Hawaiian Gifted and Talented Demonstration
Program.
``Sec. 3809. Native Hawaiian Special Education Program.
``Sec. 3810. Administrative provisions.
``Sec. 3811. Definitions.
``Part H--Allen J. Ellender Fellowship Program
``subpart 1--program for middle and secondary school students
``Sec. 3911. Establishment.
``subpart 2--program for middle and secondary school teachers
``Sec. 3915. Establishment.
``subpart 3--programs for recent immigrants, students of migrant
parents and older americans
``Sec. 3921. Establishment.
``Sec. 3922.``subpart 4--general provisions
``Sec. 3925. Administrative provisions.
``Sec. 3926. Authorization of appropriations.
``Part I--Territorial Education Improvement Program
``Sec. 3931. Findings and purposes.
``Sec. 3932. Grant authorization.
``Sec. 3933. Restrictions.
``Sec. 3934. Authorization.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``Sec. 4001. Short title.
``Sec. 4002. Findings.
``Sec. 4003. Purpose.
``Sec. 4004. Funding.
``Part A--State Grants for Drug and Violence Prevention Programs
``Sec. 4101. Reservations and allotments.
``Sec. 4102. State applications.
``Sec. 4103. State and local educational agency programs.
``Sec. 4104. Local applications.
``Sec. 4105. Local drug and violence prevention programs.
``Sec. 4106. Evaluation and reporting.
``Part B--National Programs
``Sec. 4201. Federal activities.
``Sec. 4202. Programs for Native Hawaiians.
``Part C--General Provisions
``Sec. 4301. Definitions.
``Sec. 4302. Materials.
``Sec. 4303. Prohibited uses of funds.
``Sec. 4304. Certification of drug and alcohol abuse prevention
programs.
``TITLE V--MAGNET SCHOOLS ASSISTANCE
``Part A--Promoting Equity
``Sec. 5101. Findings.
``Sec. 5102. Statement of purpose.
``Sec. 5103. Program authorized.
``Sec. 5104. Definition.
``Sec. 5105. Eligibility.
``Sec. 5106. Applications and requirements.
``Sec. 5107. Priority.
``Sec. 5108. Use of funds.
``Sec. 5109. Prohibitions.
``Sec. 5110. Limitation on payments.
``Sec. 5111. Authorization of appropriations; reservation.
``Part B--Equalization Assistance
``Sec. 5201. Technical and other assistance for school finance.
``Part C--Women's Educational Equity Act
``Sec. 5301. Findings and statement of purpose.
``Sec. 5302. Programs authorized.
``Sec. 5303. Local implementation grants.
``Sec. 5304. Research and development grants.
``Sec. 5305. Authorization of appropriations.
``TITLE VI--INDIAN EDUCATION
``Sec. 6001. Findings.
``Sec. 6002. Purpose.
``Part A--Formula Grants to Local Educational Agencies
``Sec. 6101. Purpose.
``Sec. 6102. Grants to local educational agencies.
``Sec. 6103. Amount of grants.
``Sec. 6104. Applications.
``Sec. 6105. Authorized services and activities.
``Sec. 6106. Student eligibility forms.
``Sec. 6107. Payments.
``Part B--Special Programs and Projects to Improve Educational
Opportunities for Indian Children
``Sec. 6201. Improvement of educational opportunities for
Indian children.
``Sec. 6202. Special educational training programs for the
teachers of Indian children.
``Sec. 6203. Fellowships for Indian students.
``Sec. 6204. Gifted and talented.
``Sec. 6205. Tribally Controlled Schools Act.
``Part C--Special Programs Relating to Adult Education for Indians
``Sec. 6301. Improvement of educational opportunities for adult
Indians.
``Part D--National Activities and Grants to States
``Sec. 6401. National activities.
``Sec. 6402. State educational agency review.
``Part E--Federal Administration
``Sec. 6501. Office of Indian education.
``Sec. 6502. National Advisory Council on Indian Education.
``Sec. 6503. Peer review.
``Sec. 6504. Preference for Indian applicants.
``Sec. 6505. Minimum grant criteria.
``Part F--Definitions; Authorizations of Appropriations
``Sec. 6601. Definitions.
``Sec. 6602. Authorizations of appropriations.
``Part G--Bureau of Indian Affairs Programs
``Sec. 6701. Standards for the basic education of Indian
children in Bureau of Indian Affairs
schools.
``Sec. 6702. National criteria for dormitory situations.
``Sec. 6703. Regulations.
``Sec. 6704. School boundaries.
``Sec. 6705. Facilities construction.
``Sec. 6706. Bureau of Indian Affairs education functions.
``Sec. 6707. Allotment formula.
``Sec. 6708. Administrative cost grants.
``Sec. 6709. Budget preparation and submission.
``Sec. 6710. Uniform direct funding and support.
``Sec. 6711. Policy for Indian control of Indian education.
``Sec. 6712. Education personnel.
``Sec. 6713. Management information system.
``Sec. 6714. Bureau education policies.
``Sec. 6715. Uniform education procedures and practices.
``Sec. 6716. Recruitment of Indian educators.
``Sec. 6717. Annual report.
``Sec. 6718. Rights of Indian students.
``Sec. 6719. Regulations.
``Sec. 6720. Definitions.
``Sec. 6721. Voluntary services.
``Sec. 6722. Proration of pay.
``Sec. 6723. Extracurricular activities.
``Sec. 6724. Early Childhood Development Program.
``Sec. 6725. Tribal Departments of Education.
``Sec. 6726. Payments.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``Sec. 7001. Short title.
``Sec. 7002. Findings, policy, and purpose.
``Sec. 7003. Authorization of appropriations.
``Sec. 7004. Definitions; regulations.
``Sec. 7005. Indian and Alaskan Native children in schools.
``Sec. 7006. Residents of the territories and freely associated
nations.
``Part A--Bilingual Education Capacity and Demonstration Grants
``Sec. 7101. Purpose of grants.
``Sec. 7102. Program development and implementation grants.
``Sec. 7103. Program enhancement projects.
``Sec. 7104. Whole-school programs.
``Sec. 7105. System-wide improvement grants.
``Sec. 7106. Applications.
``Sec. 7107. Intensified instruction.
``Sec. 7108. Capacity building.
``Sec. 7109. Subgrants.
``Sec. 7110. Geographic distribution of funds.
``Sec. 7111. Programs in Puerto Rico.
``Sec. 7112. Evaluations.
``Part B--Research and Dissemination
``Sec. 7201. Use of funds.
``Sec. 7202. Research.
``Sec. 7203. Academic excellence awards.
``Sec. 7204. State grant program.
``Sec. 7205. National clearinghouse for bilingual education.
``Sec. 7206. Instructional materials development.
``Sec. 7207. Evaluation assistance centers and multifunctional
resource centers.
``Part C--Bilingual Education Teacher Training
``Sec. 7301. Purpose.
``Sec. 7302. Training for all teachers program.
``Sec. 7303. Bilingual education teachers and personnel grants.
``Sec. 7304. Bilingual education career ladder program.
``Sec. 7305. Graduate fellowships in bilingual education
program.
``Sec. 7306. Applications.
``Sec. 7307. Program requirements.
``Sec. 7308. Stipends.
``Sec. 7309. Program evaluations under part C.
``Part D--Administration
``Sec. 7401. Office of bilingual education and minority
language affairs.
``Sec. 7402. Release time.
``Sec. 7403. Education technology.
``Sec. 7404. Notification.
``Sec. 7405. Continued eligibility.
``Sec. 7406. Limitation of authority.
``Part E--Transition
``Sec. 7501. Transition provisions.
``Part F--Emergency Immigrant Education Program
``Sec. 7601. Purpose.
``Sec. 7602. State administrative costs.
``Sec. 7603. Withholding.
``Sec. 7604. State allocations.
``Sec. 7605. State applications.
``Sec. 7606. Payments.
``Sec. 7607. Uses of funds.
``Sec. 7608. Reports.
``Sec. 7609. Authorization of appropriations.
``TITLE VIII--IMPACT AID
``Sec. 8001. Findings.
``Sec. 8002. Purpose.
``Sec. 8003. Payments relating to Federal acquisition of real
property.
``Sec. 8004. Payments for eligible federally connected
children.
``Sec. 8005. Policies and procedures relating to children
residing on Indian lands.
``Sec. 8006. Application for payments under sections 8003 and
8004.
``Sec. 8007. Payments for sudden and substantial increases in
attendance of military dependents.
``Sec. 8008. Facilities.
``Sec. 8009. State consideration of payments in providing State
aid.
``Sec. 8010. Federal administration.
``Sec. 8011. Administrative hearings and judicial review.
``Sec. 8012. Definitions.
``Sec. 8013. Authorization of appropriations.
``Sec. 8014. Transfer of payments.
``TITLE IX--GENERAL PROVISIONS
``Part A--Definitions
``Sec. 9101. Definitions.
``Sec. 9102. Applicability of this title.
``Sec. 9103. References in other Acts.
``Part B--Flexibility in the Use of Administrative and Other Funds
``Sec. 9201. Consolidation of State administrative funds for
elementary and secondary education
programs.
``Sec. 9202. Single local educational agency States.
``Sec. 9203. Consolidation of funds for local administration.
``Sec. 9204. Administrative funds study.
``Sec. 9205. Consolidated set-aside for Department of the
Interior funds.
``Sec. 9206. Availability of unneeded program funds.
``Part C--Coordination of Programs; Consolidated State and Local
Applications
``Sec. 9301. Purpose.
``Sec. 9302. Optional consolidated State application.
``Sec. 9303. General applicability of State educational agency
assurances.
``Sec. 9304. Consolidated local applications.
``Sec. 9305. Other general assurances.
``Part D--Waivers
``Sec. 9401. Waivers of statutory and regulatory requirements.
``Part E--Uniform Provisions
``Sec. 9501. Maintenance of effort.
``Sec. 9502. Prohibition regarding State aid.
``Sec. 9503. Participation by private school children and
teachers.
``Sec. 9504. Standards for by-pass.
``Sec. 9505. Complaint process for participation of private
school children.
``Sec. 9506. By-pass determination process.
``Sec. 9507. Prohibition against funds for religious worship or
instruction.
``Part F--Gun Possession
``Sec. 9601. Policy for gun possession.
``TITLE X--COORDINATED SERVICES PROJECTS
``Sec. 10001. Findings and purpose.
``Sec. 10002. Definitions.
``Sec. 10003. Project development and implementation.
``Sec. 10004. Uses of funds.
``Sec. 10005. Continuing authority.
``Sec. 10006. Federal agency coordination.
``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT
``Sec. 11001. Findings.
``Sec. 11002. Purpose.
``Sec. 11003. Federal assistance in the form of loans.
``Sec. 11004. General provisions.
``Sec. 11005. Definitions.
``Sec. 11006. Authorization.
``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE
``Part A--Urban Education Demonstration Grants
``Sec. 12000. Authorization of appropriations.
``Sec. 12001. Findings.
``Sec. 12002. Statement of purpose.
``Sec. 12003. Urban education demonstration grants.
``Sec. 12004. Research and evaluation grants.
``Sec. 12005. Use of funds.
``Sec. 12006. Augustus F. Hawkins National Commission on Urban
Education.
``Sec. 12007. Evaluation.
``Part B--Rural Education Demonstration Grants
``Sec. 12101. Findings.
``Sec. 12102. Statement of purpose.
``Sec. 12103. Rural school grants.
``Sec. 12104. Higher education grants.
``Sec. 12105. National Commission on Rural Education.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
Part A--Applicability of the General Education Provisions Act
Sec. 211. Title; applicability; definitions.
Sec. 212. Repeal and redesignation.
Part B--The Department of Education
Sec. 221. New heading for part A.
``Part A--Functions of the Department of Education''.
Sec. 222. Office of non-public education.
Sec. 223. General authority of the Secretary.
Sec. 224. Coordination.
Part C--Appropriations and Evaluations
Sec. 230. Forward funding.
Sec. 231. Availability of appropriations.
Sec. 232. Contingent extension of programs.
Sec. 233. State reports.
Sec. 234. Biennial evaluation report.
Sec. 235. Technical amendment.
Sec. 236. Coordination.
Part D--Administration of Education Programs
Sec. 241. Joint funding of programs.
Sec. 242. Collection and dissemination of information.
Sec. 243. Review of applications.
Sec. 244. Technical amendment.
Sec. 245. Use of funds withheld.
Sec. 246. Applications.
Sec. 247. Regulations.
Sec. 248. Records; reduction in retention requirements.
Sec. 249. Release of records.
Sec. 250. Protection of pupil rights.
Sec. 251. Enforcement.
Sec. 252. Technical amendments.
Sec. 253. Equity for students, teachers, and other program
beneficiaries.
Part E--Related Amendments to Other Acts
Sec. 261. Department of Education Organization Act.
TITLE III--AMENDMENTS TO OTHER ACTS
Part A--Amendments to the Individuals With Disabilities Education Act
Sec. 311. Allocations under section 611 of the idea.
Sec. 312. Treatment of chapter 1 State agencies.
Sec. 313. Infants and toddlers with disabilities.
Part B--Education for Homeless Children and Youth
Sec. 320. Amendments to table of contents.
``Subtitle A--Adult Education for the Homeless
``Subtitle B--Education for Homeless Children and Youth''.
Sec. 321. Statement of policy.
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.''.
Sec. 322. Education for homeless children and youth.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the
education of homeless children and youth.
``Sec. 723. Local educational agency grants for the education
of homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
Part C--Impact Aid Statutes
Sec. 331. Amendments to Public Law 815.
``Sec. 2. Portion of appropriations available for payments.
``Sec. 3. Establishment of priorities.
``Sec. 5. Limitation on total payments to any local educational
agency.''.
Sec. 332. Repeal of Public Law 874.
Part D--Amendments to Adult Education Act
Sec. 335. Amendments to Adult Education Act.
PART E--AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991
Sec. 341. Findings.
Sec. 342. National writing project.
TITLE IV--NATIONAL EDUCATION STATISTICS
Sec. 401. Short title.
Sec. 402. Findings; purpose; definitions.
Sec. 403. National Center for Education Statistics.
Sec. 404. Duties of the Center.
Sec. 405. Performance of duties.
Sec. 406. Reports.
Sec. 407. Advisory Council on Education Statistics.
Sec. 408. Confidentiality.
Sec. 409. Dissemination.
Sec. 410. Cooperative education statistics systems.
Sec. 411. National assessment of educational progress.
Sec. 412. Authorization of appropriations.
TITLE V--MISCELLANEOUS
Sec. 501. Study of Federal efforts to assist in school reform.
Sec. 502. Budget compliance.
SEC. 2. EFFECTIVE DATES; TRANSITION.
(a) Effective Dates.--(1)(A) Except as provided in subparagraph
(B), the provisions of title I of this Act shall take effect July 1,
1995, except that those provisions of title I that apply to programs
under title VIII of the Elementary and Secondary Education Act of 1965,
as amended by this Act, and to programs that are conducted on a
competitive basis, shall be effective with respect to appropriations
for use under such programs in fiscal year 1995 and in subsequent
fiscal years.
(B) Title VIII of the Elementary and Secondary Education Act of
1965, as amended by title I of this Act, shall take effect on October
1, 1994.
(2) The provisions of title II of this Act shall be effective upon
enactment, except that section 250 of such title shall be effective--
(A) July 1, 1995 for non-competitive programs in which
funds are allocated on the basis of a formula; and
(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years.
(3)(A) Parts A and B of title III of this Act shall take effect
July 1, 1995.
(B) Part C of title III of this Act shall take effect on October 1,
1994.
(b) Transition.--Notwithstanding any other provision of law, a
recipient of funds under the Elementary and Secondary Education Act of
1965, as in effect prior to amendment by this Act, may use funds
available to it under such predecessor authority to carry out necessary
and reasonable planning and transition activities in order to ensure a
smooth implementation of programs authorized by this Act.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965.
The Elementary and Secondary Education Act of 1965 is amended to
read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the ``Elementary and Secondary Education
Act of 1965''.
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--The Congress declares it to be the
policy of the United States that a high-quality education for all
persons and a fair and equal opportunity to obtain such education--
``(1) are a societal good necessary for creating a vibrant
future for our complex and diverse democracy and for meeting
the challenge of an internationally competitive economy;
``(2) are a private good because individual opportunity is
greatly enhanced by being well educated;
``(3) are a moral imperative in our society and simple
justice demands that the opportunity to acquire skills and
knowledge deemed necessary for basic citizenship and economic
opportunity be equally available to all; and
``(4) improve the life of every person, because the quality
of individual lives ultimately depends on the quality of the
lives of others.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the
past two decades, a sizable gap remains, and many segments of
our society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is
in schools with high concentrations of children from low-income
families and achieving the National Education Goals will not be
possible without substantial improvement in these schools;
``(3) educational needs are particularly great for low-
achieving children in the highest-poverty schools, children
with limited English proficiency, children of migrant workers,
Indian children, children who are neglected or delinquent, and
young children and their parents who are in need of family-
literacy services; and
``(4) while title I and other programs funded under this
Act contribute to narrowing the achievement gap between
children in high-poverty and low-poverty schools, such programs
need to become even more effective in improving schools in
order to enable all children to achieve high standards.
``(c) What Has Been Learned.--To enable schools to provide all
children a high-quality education, this title builds upon what has been
learned:
``(1) All children can master challenging content and
complex problem-solving skills and research clearly shows that
children, including low-achieving children, can succeed when
expectations are high and they are given the opportunity to
learn challenging material.
``(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment, violence,
inadequate health care, child abuse, and drug and alcohol abuse
can adversely affect children's academic achievement and must
be addressed through the coordination of services, such as
health and social services, in order for the Nation to meet the
National Education Goals.
``(3) A better understanding of the principles of good
health can help children and adolescents succeed in school,
become active, productive members of society, and successfully
compete in a rapidly changing global economy. Schools that
provide quality physical and health education contribute to
enhanced knowledge, behavior, and fitness of children and
adolescents.
``(4) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate information about
what children know and can do and encourages curricula and
instruction that focus on the low-level skills measured by such
tests.
``(5) Resources are more effective when they ensure that
children have full access to effective regular school programs
and receive supplemental help through extended-time activities.
``(6) The disproven theory that children must first learn
basic skills before engaging in more complex tasks continues to
dominate strategies for classroom instruction, resulting in
emphasis on repetitive drill and practice at the expense of
content-rich instruction, accelerated curricula, and effective
teaching to high standards.
``(7) Intensive and sustained professional development for
teachers and other school staff (focused on teaching and
learning and on helping children attain high standards) is too
often not provided.
``(8) Insufficient attention and resources are directed
toward the effective use of technology in schools and the role
it can play in professional development and improved teaching
and learning.
``(9) All parents can contribute to their children's
success by helping at home and becoming partners with teachers
so that children can achieve high standards.
``(10) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
responsibility to design and implement effective strategies for
bringing children to high levels of performance and should
accept responsibility to do so.
``(11) Opportunities for students to achieve high standards
can be enhanced through a variety of approaches such as public
school choice and public charter schools.
``(12) Attention to academics alone cannot ensure that all
children will reach high standards. The health and other needs
of children that affect learning are frequently unmet,
particularly in high-poverty schools, thereby necessitating
coordination of services to better meet children's needs.
``(13) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies and
schools that have children most in need.
``(d) Statement of Purpose.--The purpose of this title is to enable
schools to provide opportunities for children served to acquire the
knowledge and skills contained in the rigorous State content standards
and to meet the challenging State performance standards developed for
all children under the Goals 2000: Educate America Act or, in their
absence, under this title. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and schools
to help children served under this title to reach such
standards;
``(2) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time so that children served under this title
receive at least the classroom instruction that other children
receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective instructional
strategies and challenging academic content that includes
intensive complex thinking and problem-solving experiences;
``(4) significantly upgrading the quality of curricula and
instruction by providing staff in participating schools with
substantial opportunities for intensive and sustained
professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and, to the
extent feasible, with health and social service programs funded
from other sources;
``(6) affording parents meaningful opportunities to
participate in the education of their children at home and at
school;
``(7) distributing resources, in amounts sufficient to make
a difference, to schools where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to measure
how well children are achieving high State standards of
performance expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``Appropriations are authorized for the following programs and
activities under this title:
``(1) Local educational agency grants.--For the purpose of
carrying out part A of this title, other than sections 1117,
and 1120(d), there are authorized to be appropriated
$7,400,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Even start.--For the purpose of carrying out part B
of this title, there are authorized to be appropriated
$118,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(3) Education of migratory children.--For the purpose of
carrying out part C of this title, there are authorized to be
appropriated $310,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``(4) Prevention and intervention services for delinquent
youth and youth at risk of dropping out.--For the purpose of
carrying out part D of this title, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``(5) Capital expenses.--For the purpose of carrying out
section 1120(d) of this title, there are authorized to be
appropriated $41,434,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``(6) School improvement.--For the purpose of carrying out
the activities authorized in section 1117 of this title, there
are authorized to be appropriated $30,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(7) Federal activities.--(A) For the purpose of carrying
out section 1501 of this title, there are authorized to be
appropriated $9,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``(B) For the purpose of carrying out sections 1502 and
1503 of this title, there are authorized to be appropriated
$20,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART A--BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--(1) Any State desiring to receive a grant
under this part shall submit to the Secretary a plan, developed in
consultation with local educational agencies, teachers, administrators,
and parents, that--
``(A)(i) is integrated with the State's plan, either
approved or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by that State plan; and
``(ii) is integrated with other State plans, if any, under
the School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to the
extent that these plans have not already been incorporated in
the State's plan under title III of the Goals 2000: Educate
America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(i) is integrated with other State plans under
this Act and other plans, including those under the
School-to-Work Opportunities Act of 1993 and the Carl
D. Perkins Vocational and Applied Technology Education
Act, where such plans exist; and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved State plan
under title III of the Goals 2000: Educate America Act.
``(b) Standards and Assessment Provisions.--(1)(A) Each State plan
shall demonstrate that the State has developed or adopted high-quality
standards for children served under this title that will be used by the
State, its local educational agencies, and its schools to carry out
this Act and that these standards be as challenging and of the same
high-quality as they are for all children. These standards shall
include--
``(i) challenging content standards in the core academic
subjects that--
``(I) specify what children served under this title
are expected to know and be able to do;
``(II) contain coherent and rigorous content; and
``(III) emphasize the teaching of advanced skills;
``(ii) challenging performance standards that--
``(I) are aligned with the State's content
standards;
``(II) describe two levels of high performance,
`proficient' and `advanced', that determine how well
children served under this title are mastering the
material in the content standards; and
``(III) include a third benchmark below proficient,
if necessary, to provide complete information about the
progress of the lower-performing children toward
achieving the high `proficient' and `advanced'
performance standards; and
``(iii) opportunity to learn standards that address--
``(I) the quality and availability of curricula,
instructional materials, and technologies for all
students served under this title;
``(II) the capability of teachers to provide high-
quality instruction to all students served under this
title;
``(III) the extent to which teachers, principals,
and administrators have ready and continuing access to
professional development, including the best knowledge
about teaching, learning and school improvement;
``(IV) the extent to which curricula, instructional
practices, and assessments for students served under
this title are aligned to content standards;
``(V) the extent to which school facilities provide
a safe and secure environment for learning and
instruction and have the requisite libraries,
laboratories, and other resources necessary to provide
students served under this title an opportunity to
learn;
``(VI) the extent to which schools which receive
funds under this title utilize policies, curricula, and
instructional practices which ensure nondiscrimination
on the basis of gender;
``(VII) the capability of local educational
agencies and schools to comply with the requirements in
section 1112(c)(3) with respect to addressing the
comprehensive needs of children and the requirements of
section 1114(b) or section 1115(c), whichever is
applicable; and
``(VIII) such other factors that the State deems
appropriate to ensure that students served under this
title receive a fair opportunity to achieve the
knowledge and skills described in content and
performance standards adopted by the State.
``(B) For those core academic subjects in which a State has not
adopted challenging content and performance standards, the State plan
shall include a schedule for their development that includes the
completion of standards in mathematics and reading/language arts by the
end of the interim period as described in paragraph (8).
``(2)(A) Each State plan shall demonstrate, based on assessments
described under paragraph (3), what constitutes adequate yearly
progress of--
``(i) any school served under this part toward enabling
children to meet the State's `proficient' and `advanced'
performance standards; and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools receiving
assistance under this part to meet the State's `proficient' and
`advanced' performance standards.
``(B) Adequate yearly progress shall be defined in a manner--
``(i) that is consistent with criteria of general
applicability established by the Secretary and results in
continuous and substantial yearly improvement for economically
disadvantaged, limited-English proficient, and all students
under this title in each school and local educational agency
toward the goal of all children under this title meeting the
State's challenging `advanced' performance standards; and
``(ii) links progress primarily to performance on the
assessments carried out under this section while permitting
progress to be established in part through the use of other
outcome-based measures such as reductions in drop-out rates.
``(3) Each State plan shall demonstrate that the State has
developed or adopted a set of high-quality, yearly student assessments
that will be used as the primary means of determining the yearly
performance of each local educational agency and school receiving
assistance under this part in enabling children served under this title
to meet the State's performance standards and that these assessments be
challenging and of the same high-quality as they are for all children.
These assessments shall--
``(A) be aligned with the State's challenging content and
performance standards and provide coherent information about
student attainment of such standards;
``(B) be used for purposes for which they are valid and
reliable, and be consistent with relevant nationally recognized
professional and technical standards of assessments;
``(C) shall measure the proficiency of students in the core
academic subjects in which a State has adopted challenging
content and performance standards and be administered at some
time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9;
``(iii) grades 10 through 12.
``(D) be comprised of multiple, up-to-date measures of
student performance;
``(E)(i) include limited-English proficient students who
shall be assessed, to the extent practicable in the language
and form most likely to yield accurate and reliable information
on what these students know and can do, to determine their
mastery of skills in subjects other than English;
``(ii) include students who have been resident in a local
educational agency for a full academic year but have not
attended a single school for a full year, provided that the
performance of students who have attended more than one school
in the local educational agency in any academic year shall be
used only in determining the progress of the local educational
agency; and
``(iii) include students with disabilities who shall be
assessed, to the extent practicable, in a manner and form most
likely to yield accurate and reliable information on what these
students know and can do, including assessment accommodations
and modifications necessary to make such determinations,
provided that those students who are determined, through valid
evaluation conducted by qualified personnel, to be so severely
cognitively impaired as to permanently lack the capacity to
make any educational progress, with the provision of special
education and related services, in meeting the State content
and performance standards may be exempted from the assessment
process;
``(F) provide individual student scores; and
``(G) provide for disaggregated results within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, and by
economically disadvantaged students as compared to students who
are not economically disadvantaged.
``(4) Each State plan shall identify the languages other than
English that are present in the participating student population and
indicate the languages for which yearly student assessments are not
available and are needed. The State shall make every effort to develop
such assessments and shall notify the Secretary if linguistically-
accessible assessment measures are needed. Upon notification, the
Secretary shall assist with the identification of appropriate
assessment measures in the needed languages through the Office of
Bilingual Education and Minority Language Affairs.
``(5) Each State plan shall include a description of how the State
will annually evaluate and report to the public about the extent to
which local educational agencies and schools within the State which
receive funds under this title meet the State's opportunity-to-learn
standards.
``(6) If a State has developed or adopted challenging content and
performance standards and an aligned set of assessments for all
students such as those developed under title III of the Goals 2000:
Educate America Act, or another process, the State shall use such
standards and assessments, modified, if necessary, to conform with the
requirements of paragraphs (1)(A)(ii), (2), and (3).
``(7) If, after 2 years, a State does not have challenging content
and performance standards that meet the requirements of paragraph (1)
or after 3 years, a State does not have assessments that meet the
requirements of paragraph (3), a State shall adopt a set of standards
and aligned assessments such as the standards and assessments contained
in other State plans that the Secretary has approved.
``(8)(A) If a State does not have assessments that meet the
requirements of paragraph (3), the State may propose to use an interim
set of yearly statewide assessments that will assess the performance of
complex skills and challenging subject matter.
``(B) For any year during which a State is using an interim
assessment system, the State shall devise a means for identifying
schools and local educational agencies in need of improvement under
section 1116.
``(c) Other Provisions To Support Teaching And Learning.--Each
State plan shall also describe--
``(1)(A) the means by which the State educational agency
will work with other agencies, including educational service
agencies or other local consortia, and institutions to provide
technical assistance to local educational agencies and schools
to carry out the State educational agency's responsibilities
under this part, including assistance in providing high quality
professional development under section 1119 and technical
assistance under section 1117; and
``(B)(i) where educational service agencies exist, the
State educational agency shall consider providing professional
development and technical assistance through such agencies; and
``(ii) where educational service agencies do not exist, the
State educational agency shall consider providing professional
development and technical assistance through other cooperative
agreements such as a consortium of local educational agencies;
``(2) the measure of poverty that local educational
agencies shall use which shall include such measures as the
number of children age 5 to 7 in poverty counted in the most
recent census data approved by the Secretary, the number of
children eligible to receive free and reduced price lunches
under the National School Lunch Act, the number of children in
families receiving assistance under Aid to Families With
Dependent Children or the number of children eligible to
receive medical assistance under the Medicaid program; or a
composite of such indicators;
``(3) how the State educational agency will notify local
educational agencies of the authority to operate schoolwide
programs, and fulfill its local educational agency and school
improvement responsibilities under section 1116, including the
corrective actions it will take under section 1116(d)(6);
``(4) how the State educational agency will encourage the
use of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
``(5) how the Committee of Practitioners established under
section 1601 was substantially involved in the development of
the plan and will continue to be involved in monitoring its
implementation by the State;
``(6) how the State educational agency will assess the
needs of local educational agencies serving rural areas, and
the plans the State educational agency has to meet those needs;
(7) how the State educational agency will assess the needs
of local educational agencies serving rural areas and the plans
the State educational agency has to meet those needs; and
``(8) how the State educational agency will encourage the
establishment and operation of cooperative education,
mentoring, and apprenticeship programs, involving business and
industry.
``(d) Peer Review and Secretarial Approval.--The Secretary--
``(1) shall establish a peer review process to assist in
the review and revision of State plans;
``(2) shall, following an initial peer review, approve a
State plan the Secretary determines meets the requirements of
subsections (a), (b), and (c);
``(3)(A) shall, if the Secretary determines that the State
plan does not meet the requirements of subsection (a), (b), or
(c), immediately notify the State of such determination and the
reasons for it;
(B) shall not decline to approve a State's plan before
offering the State an opportunity to revise its plan or
application, provide technical assistance in order to assist
the State to meet the requirements under subsections (a), (b),
and (c) and a hearing; and
(C) may withhold funds until determining that the plan
meets the requirements of this section, provided, however, that
the Secretary may not withhold funds on the basis of the
specific content of the opportunity-to-learn standards adopted
by a State under this section.
``(e) Duration of the Plan.--(1) Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) If the State makes significant changes in its plan, such as
the adoption of new content and performance standards, new assessments,
or a new definition of adequate progress, the State shall submit this
information to the Secretary for approval.
``(f) Nothing in this title shall be construed to authorize an
officer or employee of the Federal Government to mandate, direct, or
control a State, local educational agency, or school's specific
instructional content or pupil performance standards and assessments,
curriculum, or program of instruction as a condition of eligibility to
receive funds under this title.
``(g) Nothing in this title shall be construed to authorize an
officer, or employee of the Federal Government to mandate, direct, or
control a State, local educational agency, or school's specific
opportunity-to-learn standards as a condition of eligibility to receive
funds under this title.
``(h) If aggregate State expenditure by the State educational
agency for operation of elementary and secondary education programs is
less than the State educational agency's aggregate Federal allocation
for State operation of all Federal elementary and secondary education
programs, then the State plan for title I must include assurances and
specific provisions for State expenditures for operation of elementary
and secondary education programs to equal or exceed the level of
Federal expenditures for such operation by fiscal year 1999.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--(1) A local educational agency may receive a
subgrant under this part for any fiscal year only if it has on file
with the State educational agency a plan, approved by the State
educational agency, that--
``(A)(i) is integrated with the local educational agency's
plan, either approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already addressed by
that State plan; and
``(ii) is integrated with local plans, if any, under the
School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to the
extent that such plans have not already been incorporated into
the local educational agency's plan under title III of the
Goals 2000: Educate America Act; or
``(B) if the local educational agency does not have an
approved plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan--
``(i) is integrated with other local plans under
this Act and other plans, including those under the
School-to-Work Opportunities Act of 1993 and the Carl
D. Perkins Vocational and Applied Technology Education
Act, where such plans exist; and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A local educational agency may satisfy all or part of the
requirements of this section by referencing applicable sections of its
approved plan under title III of the Goals 2000: Educate America Act.
``(b) Standards and Assessment Provisions.--Each local educational
agency plan shall include--
``(1) a description of its challenging content and
performance standards, if any, in the core subjects, in
addition to the content and performance standards adopted by
the State under section 1111, that the local educational agency
expects children served under this title to meet;
``(2) a description, based on the assessments described
under paragraph (3), of what constitutes adequate yearly
progress if a local educational agency elects to establish such
measures that are more stringent than the measures described in
the State plan under section 1111;
``(3) a description of additional high-quality student
assessments, if any, other than the assessments described in
the State plan under section 1111, that the local educational
agency and schools served under this part will use to--
``(A) determine the success of children served
under this title in meeting the State's performance
standards;
``(B) assist in diagnosis, teaching, and learning
in the classroom in ways that best enable children
served under this title to meet State standards and do
well in the local curriculum; and
``(C) determine what revisions are needed to
projects under this part so that such children will
meet the State's performance standards; and
``(4) a description of the strategies the local educational
agency will use to implement opportunity-to-learn standards for
all students served under this title.
``(c) Other Provisions To Support Teaching and Learning.--(1) To
ensure high-quality instruction to enable participating children to
meet the State's challenging performance standards expected of all
students, each local educational agency plan shall describe a coherent
strategy for intensive and sustained professional development for
teachers, administrators, and other staff, including staff of such
agency, in accordance with section 1119.
``(2) Each local educational agency plan shall describe how the
local educational agency will--
``(A) notify schools of the authority to operate schoolwide
programs;
``(B) work in consultation with schools as the schools
develop their plans pursuant to section 1114 or 1115 and assist
schools as they implement such plans so that each school can
make adequate yearly progress toward meeting the State's
standards; and
``(C) fulfill its school improvement responsibilities under
section 1116, including the corrective actions it will take
under section 1116(c)(5).
``(3) To address the comprehensive needs of children served under
this title, each local educational agency plan shall describe how the
local educational agency will--
``(A) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, including--
``(i) Even Start, Head Start, and other preschool
programs, including plans for the transition of
participants in such programs to local elementary
school programs, vocational education programs, and
school-to-work transition programs; and
``(ii) services for children with limited English
proficiency or with disabilities, migratory children
served under part C of this title or who were formerly
eligible for services under part C in the 2-year period
preceding the date of the enactment of this title,
delinquent youth and youth at risk of dropping out
served under part D of this title, homeless children,
and immigrant children in order to increase program
effectiveness, eliminate duplication, and reduce
fragmentation of the children's instructional program;
``(B) coordinate and collaborate with other agencies
providing services to children, youth, and families, including
health and social services.
``(4) The local educational agency plan also shall include a
description of--
``(A) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(B) the multiple criteria that will be used by targeted
assistance schools under section 1115 to identify children
eligible for services under this part;
``(C) the nature of the programs to be conducted by its
schools under sections 1114 and 1115 and services outside such
schools for children in local institutions for neglected or
delinquent children and eligible homeless children, in
accordance in section 1115(b)(2)(D);
``(D) how the local educational agency will ensure that
migratory children and formerly migratory children who are
eligible to receive services under this part are selected to
receive such services on the same basis as other children who
are selected to receive services under this part;
``(E) how a school that plans to serve preschool children
through the Head Start or Even Start programs will use its
funds to expand such programs to serve preschool children from
its attendance area that otherwise would not have been served
or increase the level of service to children presently being
served;
``(F) how the local educational agency will provide
services to eligible children attending private elementary and
secondary schools in accordance with section 1120, and how
timely and meaningful consultation with private school
officials regarding such services will occur; and
``(G) the number of schoolwide programs that will be
operating in the local educational agency.
``(d) Plan Development and Duration.--Each local educational agency
plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, where appropriate, and parents of children
in schools served under this part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency's strategies
and programs.
``(e)(1) State Approval.--The State educational agency shall
approve a local educational agency's plan only if the State educational
agency determines that the plan will enable schools served under this
part to substantially help children served under this title to meet the
State's challenging performance standards expected of all children.
``(2) The State educational agency shall review the local
educational agency's plan to determine if such agency's professional
development activities are in accordance with section 1119.
``(f) Program Responsibility.--The local educational agency plan
shall reflect the shared responsibility of schools, teachers, and the
local educational agency in making decisions required under sections
1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) In General.--(1)(A)(i) A local educational agency shall use
funds received under this part only in school attendance areas with
high concentrations of children from low-income families, hereafter in
this section referred to as `eligible school attendance areas'.
``(ii) For the purposes of this part--
``(I) `school attendance area' means, in relation to a
particular school, the geographical area in which the children
who are normally served by such school reside; and
``(II) `eligible school attendance area' means a school
attendance area in which the percentage of children from low-
income families is at least as high as the percentage of
children from low-income families in the local educational
agency as a whole.
``(B) If funds allocated in accordance with subsection (c) are
insufficient to serve all eligible school attendance areas, a local
educational agency shall--
``(i) annually rank, without regard to grade spans, its
eligible school attendance areas in which the concentration of
children from low-income families exceeds 75 percent from
highest to lowest according to the percentage of children from
low-income families; and
``(ii) serve such eligible school attendance areas in rank
order.
``(C) If funds remain after serving all eligible school attendance
areas under subparagraph (B), a local educational agency shall--
``(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by grade span or
for the entire local educational agency according to the
percentage of children from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(2) The local educational agency shall use as the measure of
poverty, the number of children ages 5-17 in poverty counted in the
most recent census data approved by the Secretary, the number of
children eligible for free and reduced priced lunches under the
National School Lunch Act, the number of children in families receiving
assistance under Aid to Families with Dependent Children or the number
of children eligible to receive medical assistance under the Medicaid
program, or a composite of such indicators, with respect to all school
attendance areas in the local educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(3) This subsection shall not apply to a local educational agency
with a total enrollment of less than 1,000 children.
``(b) Local Educational Agency Discretion.--Notwithstanding
subsection (a)(1), a local educational agency may--
``(1) designate as eligible any school attendance area or
school in which at least 50 percent of the children are from
low-income families;
``(2) use funds received under this part in a school that
is not in an eligible school attendance area, if the percentage
of children from low-income families enrolled in the school is
equal to or greater than the percentage of such children in a
participating school attendance area of such agency; and
``(3)(A) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(i) the school meets the comparability
requirements of section 1121(c);
``(ii) the school is receiving supplemental funds
from other State or local sources that are spent
according to the requirements of section 1114 or 1115;
and
``(iii) the funds expended from such other sources
equal or exceed the amount that would be provided under
this part.
``(B) Notwithstanding subparagraph (A), the number of
children attending private elementary and secondary schools who
are to receive services, and the assistance they are to receive
under this part, shall be determined without regard to whether
the public school attendance area in which such children reside
is passed over under this paragraph.
``(c) Allocations.--(1) A local educational agency shall allocate
funds received under this part to eligible school attendance areas or
eligible schools, identified under subsection (a) or (b), in rank
order, on the basis of the total number of children from low-income
families in each area or school.
``(2)(A) Except as provided in subparagraph (B), the per-pupil
amount of funds allocated to each school attendance area or school
under paragraph (1) shall be not less than 80 percent of the per-pupil
amount of funds the local educational agency received for such year
under sections 1124, 1124A, and 1125.
``(B) A local educational agency may reduce the amount of funds
allocated under subparagraph (A) for a school attendance area or school
by the amount of any supplemental State and local funds expended in
such school attendance area or school for programs that meet the
requirements of section 1114 or 1115.
``(3) A local educational agency shall reserve such funds as are
necessary under this part to provide services comparable to the
services provided to children in schools funded under this part to
serve--
``(A) homeless children in accordance with section
1115(b)(2)(D); and
``(B) children in local institutions for delinquent
children.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--(1) A local
educational agency may use funds under this part, in combination with
other Federal, State, and local funds, to upgrade the entire
educational program in an eligible school if, for the initial year of
the schoolwide program, the school meets the following criteria:
``(A) For the school year 1995-96--
``(i) the school serves an eligible school
attendance area in which at least 65 percent of the
children are from low-income families; or
``(ii) at least 65 percent of the children enrolled
in the school are from such families.
``(B) For school year 1996-97 and thereafter, the
percentage requirement of clauses (i) and (ii) of subparagraph
(A) shall be 60 percent.
``(2) The provisions of paragraph (1) notwithstanding, a local
educational agency may start new schoolwide programs only after the
State educational agency provides written information to each local
educational agency in the State that--
``(A) demonstrates that such State agency has established
the statewide system of support and improvement required by
section 1117; and
``(B) describes how such statewide system has the
capability of providing on-site assistance if necessary to each
eligible school, including a listing of school support teams
and the eligible schools assigned to each such team.
``(3) A schoolwide program school shall use such funds only to
supplement the amount of funds that would, in the absence of funds
under this part, be made available from non-Federal sources for the
school, including funds needed to provide services that are required by
law for children with disabilities and children with limited English
proficiency.
``(4) A school may use funds received under any noncompetitive,
formula-grant program administered by the Secretary, excluding programs
under the Individuals With Disabilities Education Act, and any
discretionary program contained on a list (updated as necessary) issued
by the Secretary to support a schoolwide program, notwithstanding any
provision of the statute or regulations governing any such program.
``(b) Components of a Schoolwide Program.--(1) A schoolwide program
shall include the following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children in
relation to the State's standards.
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to
meet the State's `proficient' and `advanced'
performance standards expected of all children;
``(ii) are based on research on effective means of
improving the achievement of children;
``(iii) use effective instructional strategies
which may include the integration of vocational and
academic learning (including applied learning and team
teaching strategies) that increase the amount and
quality of learning time, such as providing an extended
school year and before- and after-school programs and
opportunities, and help provide an enriched and
accelerated curriculum rather than remedial drill and
practice, and that incorporate gender-equitable methods
and practices;
``(iv) address the needs of all children in the
school, but particularly the needs of low-achieving
children, children with limited-English proficiency,
children from migratory families, and children who are
members of the target population of any program that is
included in the schoolwide program, address how the
school will determine if such needs have been met,
describe the current program being offered to limited-
English proficient students, and address how the school
will build upon, expand, or coordinate the schoolwide
program with the current program; and
``(v) are consistent with, and are designed to
implement, the State and local reform plans, if any,
approved under title III of the Goals 2000: Educate
America Act.
``(C) Instruction by highly qualified professional staff.
``(D) Intensive and sustained professional development for
teachers, principals, and other staff, including aides, in
accordance with section 1119, to enable all children in the
school to meet the State's performance standards.
``(E) Strategies to increase parental involvement,
including family literary services.
``(F) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
``(G) Additionally, in schools serving children beyond
grade six, in coordination with funds available from other
programs and, as appropriate, drawing on private and public
organizations--
``(i) counseling and mentoring services;
``(ii) college and career awareness, exploration,
and preparation, such as college and career guidance,
comprehensive career development, enhancement of
employability and occupational skills, personal finance
education, job placement services, and innovative
teaching methods which may include applied learning and
team teaching strategies; and
``(iii) services to prepare students for the
transition from school to work, including the formation
of partnerships between elementary, middle, and
secondary schools and local businesses, and the
integration of school-based and work-based learning.
``(2)(A) Any eligible school that desires to operate a schoolwide
program shall first develop, in consultation with the local educational
agency, a comprehensive plan for reforming the total instructional
program in the school that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement such components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under paragraph
(a)(3) that will be included in the schoolwide program; and
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3).
``(B) Plans developed before a State has adopted standards and a
set of assessments that meet the criteria in section 1111(b) (1) and
(3) shall be based on an analysis of available data on the achievement
of students in the school and a review of the school's instructional
practices in the context of available research on effective
instructional and school improvement practices.
``(C) The comprehensive plan shall be--
``(i) developed during a one-year period, unless--
``(I) the local educational agency, based on the
recommendation of the technical assistance providers
under section 1117, determines that less time is needed
to develop and implement the schoolwide program; or
``(II) the school is operating a schoolwide program
at the time this section takes effect, in which case it
may continue to operate such program, but shall develop
a new plan during the first year to reflect the
provisions of this section;
``(ii) developed with the involvement of the community to
be served and individuals who will carry it out, including
teachers, principals, other staff, parents, and, if the plan
relates to a secondary school, students from the school;
``(iii) reviewed and revised, as necessary, by the school;
``(iv) made available to parents and the public with the
information contained in such plan translated, to the extent
feasible, into any language that a significant percentage of
the parents of participating children in the school speak as
their primary language; and
``(v) developed where appropriate in coordination with
programs under the School-to-Work Opportunities Act, the Carl
D. Perkins Vocational and Applied Technology Education Act, and
the National and Community Service Trust Fund Act.
``(c) Accountability.--
``(1) As provided in subsection (c) of section 1116, each
schoolwide program shall be subject to school improvement for
failure to make adequate progress for two consecutive years.
``(2) A schoolwide program identified for school
improvement under such subsection that has not made adequate
progress by the third year following such identification shall
forfeit its schoolwide status in addition to corrective
actions, if any, taken by the local educational agency.
``(3) A school that has forfeited its schoolwide status may
not regain such status until such school shows improvement by
making adequate progress for one year.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to participate under
section 1113 that are ineligible for a schoolwide program, or that
choose not to operate a schoolwide program, a local educational agency
may use funds received under this part only for programs that provide
services to eligible children identified as having the greatest need
for special assistance.
``(b) Eligible Children.--(1)(A) The eligible population for
services under this part is--
``(i) children up to age 21 who are entitled to a free
public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education, yet
are of an age at which they can benefit from an organized
instructional program provided in a school or other educational
setting.
``(B) From the population described in subparagraph (A), eligible
children are children identified by the school as failing, or most at
risk of failing, to meet the State's challenging performance standards
on the basis of multiple, educationally related, objective criteria
established by the local educational agency and supplemented by the
school, except that children from preschool through grade two shall be
selected solely on the basis of such criteria as teacher judgment,
interviews with parents, and developmentally appropriate measures.
``(2)(A)(i) Children receiving services to overcome a disability or
limited English proficiency are eligible for services under this part
on the same basis as other children selected to receive services under
this part.
``(ii) Funds received under this part may not be used to provide
services that are otherwise required by law to be made available to
such children.
``(B) A child who, at any time in the previous two years,
participated in a Head Start, Even Start, or State-run preschool
program shall be automatically eligible for services under this part;
``(C)(i) A child who, at any time in the previous two years
received services under the program for delinquent youth and youth at
risk of dropping out under part D of this title (or its predecessor
authority) may be eligible for services under this part.
``(ii) Any child in a local institution for neglected or delinquent
children or attending a community day program for such children is
eligible for services under this part.
``(D) A local educational agency shall use funds received under
this part to serve eligible homeless children who attend a school in
the local educational agency that receives funds under this title. To
the extent feasible, a local educational agency shall use funds
received under this part to serve eligible homeless children who attend
schools in noneligible attendance areas, including providing
educationally related support services to children in shelters, where
appropriate.
``(c) Components of a Targeted Assistance School Program.--(1) To
assist targeted assistance schools and local educational agencies to
meet their responsibility to provide all students with the opportunity
to meet the State's challenging performance standards, each targeted
assistance program under this section shall--
``(A) use its resources under this part to help
participating children meet the challenging performance
standards expected for all children;
``(B) be based on research on effective means for improving
achievement of children;
``(C) use effective instructional strategies that--
``(i) give primary consideration to providing
extended learning time such as an extended school year
and before- and after-school programs and
opportunities;
``(ii) involve an accelerated, high-quality
curriculum, including applied learning, rather than
remedial drill and practice; and
``(iii) minimize removing children from the regular
classroom for instruction provided under this part;
``(D) be coordinated with and support the regular program
in providing an enriched and accelerated curriculum for
eligible children;
``(E) provide instruction by highly qualified professional
staff;
``(F) provide opportunities for intensive and sustained
professional development in accordance with section 1119 with
resources under this part and from other sources for
administrators and for teachers and other school staff who work
with participating children in programs under this section or
in the regular education program;
``(G) provide strategies to increase parental involvement,
including family literary services;
``(H) provide plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs; and
``(I) include, additionally, in schools serving children
beyond grade six, in coordination with funds available from
other programs and, as appropriate, drawing on private and
public organizations--
``(i) counseling and mentoring;
``(ii) college and career awareness and
preparation, such as college and career guidance,
comprehensive career development, enhancement of
employability skills, personal finance education, and
job placement services; and
``(iii) services to prepare students for the
transition from school to work, including the formation
of partnerships between elementary, middle, and
secondary schools and local businesses.
``(2)(A) Each school conducting a program under this section shall
develop, in consultation with the local educational agency, a plan to
assist participating children to meet the State's `proficient' and
`advanced' performance standards that describes--
``(i) the selection of children to participate in
accordance with subsection (b);
``(ii) the program to be conducted that incorporates the
components described in paragraph (1) and how the resources
provided under this part will be coordinated with other
resources to enable the children served to meet the State's
standards;
``(iii) how the school will review, on an ongoing basis,
the progress of participating children and revise the program,
if necessary, to provide additional assistance to enable such
children to meet the State's challenging performance standards
such as an extended school year and before- and after-school
programs and opportunities, training for teachers regarding how
to identify students that require additional assistance, and
training for teachers regarding how to implement performance
standards in the classroom; and
``(iv) if the school is eligible to operate a schoolwide
program under section 1114, why it chose not to do so.
``(B) Plans developed before a State has adopted standards and a
set of assessments that meet the criteria of section 1111(b) (1) and
(3) shall be based on an analysis of available data on the achievement
of participating children and a review of the school's instructional
practices in the context of available research on effective
instructional practices.
``(C) Each plan shall be--
``(i) developed with the involvement of the community to be
served and the individuals who will carry it out, including
teachers, administrators, other staff, parents, representatives
from business and industry, and, if the plan relates to a
secondary school, students from the school;
``(ii) approved by the local educational agency and made
available to parents and the information contained therein
translated, to the extent feasible, into any language that a
significant percentage of the parents of participating children
in the school speak as their primary language; and
``(iii) reviewed and revised, as necessary, by the school.
``(d) Assignment of Personnel.--To promote the integration of staff
paid with funds under this part and children served under this part
into the regular school program and overall school planning and
improvement efforts, public school personnel who are paid with funds
received under this part may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond
classroom instruction or that do not benefit participating
children so long as the amount of time spent on such duties is
the same proportion of total work time as prevails with respect
to similar personnel at the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit
participating children.
``SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDUCATIONAL AGENCY
IMPROVEMENT.
``(a) Local Review.--Each local educational agency receiving funds
under this part shall--
``(1) use the State assessments described in the State plan
and any additional measures described in the local educational
agency's plan to review annually the progress of each school
served under this part to determine whether the school is
meeting, or making adequate progress as defined in section
1111(b)(2)(A)(i) or section 1112(b)(2), as appropriate, toward
enabling its students to meet, the State's performance
standards;
``(2) review annually the progress of each school which
receives funds under this title in meeting State opportunity-
to-learn standards;
``(3) publicize and disseminate to teachers, parents,
students, and the community the results of the annual review
under paragraphs (1) and (2) of all schools served under this
part in individual school performance profiles that include
disaggregated results as required by section 1111(b)(3)(G); and
``(4) provide the results of the local annual review to
schools so that they can continually refine the program of
instruction to help all children in such schools to meet the
State's high performance standards.
``(b) Designation of Distinguished Schools.--Each State educational
agency and local educational agency receiving funds under this part
shall designate distinguished schools in accordance with section 1117.
``(c) School Improvement.--(1) A local educational agency shall
identify for school improvement any school served under this part
that--
``(A) has been in program improvement under section 1021 of
chapter 1 of title I of the Elementary and Secondary Education
Act of 1965, as in effect before the effective date of the
Improving America's Schools Act of 1994, for at least two
consecutive school years prior to such date;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) or section
1112(b)(2), as appropriate, for two consecutive school years;
or
``(C) has failed to meet the criteria established by the
State through its interim procedure under section 1111(b)(5)(C)
for two consecutive years.
``(2) A school shall not be identified for school improvement if
virtually all its students meet the State's advanced performance
standards.
``(3)(A) Each school identified under paragraph (1) shall--
``(i) in consultation with parents, the local educational
agency, and, for schoolwide programs, the school support team,
revise its school plan under section 1114 or 1115 in ways that
have the greatest likelihood of improving the performance of
participating children in meeting the State's performance
standards; and
``(ii) submit the revised plan to the local educational
agency for approval.
``(B) Before identifying a school for program improvement under
paragraph (1), the local educational agency shall provide the school
with an opportunity to review the school-level data, including
assessment data, on which such identification would be based. If the
school believes that its identification for school improvement would be
in error, it may provide evidence to the local educational agency to
support such belief.
``(C) During the first year immediately following identification
under paragraph (1), the school shall implement its revised plan.
``(4) For each school identified under paragraph (1), the local
educational agency shall make technical assistance available as the
school determines why the school's plan failed to bring about increased
achievement and develop and implement its revised plan. Such technical
assistance may be provided directly by the local educational agency,
through mechanisms authorized under section 1117, or by an institution
of higher education, a private nonprofit organization, an educational
service agency, Federal technical assistance centers under part D of
title II of this Act, or other entities with experience in helping
schools improve achievement.
``(5)(A) After providing technical assistance pursuant to paragraph
(4) and other remediation measures, the local educational agency may
take corrective action at any time against a school that has been
identified under paragraph (1), but, during the third year following
identification under paragraph (1), shall take such action against any
school that still fails to make adequate progress.
``(B) Corrective actions are those listed in the local educational
agency plan adopted in compliance with State law, which may include
decreasing decisionmaking authority at the school level, making
alternative governance arrangements such as the creation of a charter
school, reconstituting the school staff; and authorizing students to
transfer, including paying transportation costs to other schools in the
local educational agency.
``(6) The State educational agency shall--
``(A) make technical assistance under section 1117
available to the schools furthest from meeting the State's
standards, if requested by the school or local educational
agency; and
``(B) if it determines that a local educational agency
failed to carry out its responsibility under paragraphs (4) and
(5), take such corrective actions that it deems appropriate.
``(7) Schools that for at least two of the three years following
identification under paragraph (1) make adequate progress toward
meeting the State's `proficient' and `advanced' performance standards
no longer need to be identified for school improvement.
``(d) State Review and Local Educational Agency Improvement.--(1) A
State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to determine
whether all students in schools receiving assistance under this
part are making adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appropriate, toward
meeting the State's performance standards; and
``(B) publicize and disseminate to teachers, parents,
students, and the community the results of the State review,
including disaggregated results, as required by section
1111(b)(3)(G).
``(2) In the case of a local educational agency that for three
consecutive years has a school or schools receiving assistance under
this part which have exceeded the State's definition of adequate
progress as defined in section 1111(b)(2)(A)(ii) or section 1112(b)(2),
as appropriate, the State may make institutional and individual rewards
of the kinds described for individual schools in subsection
1117(c)(2)(B).
``(3) A State educational agency shall identify for improvement any
local educational agency that--
``(A) for two consecutive years, has a school or schools
receiving assistance under this part that are not making
adequate progress as defined in section 1111(b)(2)(A)(ii) or
section 1112(b)(2), as appropriate, toward meeting the State's
performance standards; or
``(B) has failed to meet the criteria established by the
State through its interim procedure under section 1111(b)(8)(A)
for two consecutive years.
``(4) Each local educational agency identified under paragraph (3)
shall, in consultation with schools, parents, and educational experts,
revise its local educational agency plan under section 1112 in ways
that have the greatest likelihood of improving the performance of its
schools in meeting the State's performance standards.
``(5) For each local educational agency identified under paragraph
(3), the State educational agency shall--
``(A) determine why the local educational agency's plan
failed to bring about increased achievement;
``(B) provide technical assistance, if requested, as
authorized under section 1117 to better enable the local
educational agency to develop and implement its revised plan
and work with schools needing improvement; and
``(C) make available to the local educational agencies
furthest from meeting the State's standards, if requested,
assistance under section 1117.
Technical assistance under subparagraph (B) may be provided by the
State educational agency directly, or by an institution of higher
education, a private nonprofit organization, an educational service
agency or other local consortium, a technical assistance center, or
other entities with experience in assisting local education agencies
improve achievement.
``(6)(A) After providing technical assistance pursuant to paragraph
(5) and other remediation measures, the State educational agency may
take corrective action at any time against a local educational agency
that has been identified under paragraph (3), but, during the fourth
year following identification under paragraph (3), shall take such
action against any local educational agency that still fails to make
adequate progress.
``(B) Corrective actions are those listed in the State educational
agency plan adopted in compliance with State law, which may include
reconstitution of district personnel, appointment by the State
educational agency of a receiver or trustee to administer the affairs
of the local educational agency in place of the superintendent and
school board, removal of particular schools from the jurisdiction of
the local educational agency and establishment of alternative
arrangements for governing and supervising such schools, the abolition
or restructuring of the local educational agency, and the authorizing
of students to transfer from 1 local educational agency to another.
``(7) Local educational agencies that for at least two of the three
years following identification under paragraph (3) make adequate
progress toward meeting the State's standards no longer need to be
identified for local educational agency improvement.
``(e) State Allocations for School Improvement.--From the amount
appropriated under section 1002(6) for any fiscal year, each State
shall be eligible to receive an amount that bears the same ratio to the
amount appropriated as the amount allocated to the State under sections
1124, 1124A, and 1125 bears to the total amount allocated to all States
under such sections, except that each State shall receive at least
$180,000, or $30,000 in the case of Guam, American Samoa, the Virgin
Islands, the Northern Marianas, and Palau (until the Compact of Free
Association goes into effect).
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
``(a) System for Support.--(1) Each State educational agency shall
establish a statewide system of intensive and sustained support and
improvement for schools receiving funds under this title, including all
schoolwide programs and all schools in need of program improvement, in
order to increase the opportunity for all students in such schools to
meet the State's content and performance standards and opportunity-to-
learn standards.
``(2) Funds appropriated pursuant to section 1002(6) shall be used
to meet the requirements of this section. In addition and
notwithstanding section 1002(1), a State or local educational agency
may use funds made available under section 1002(1) and other available
funds to meet such requirements.
``(b) Regional Centers.--Such a statewide system shall be linked to
and receive support and assistance from the regional technical
assistance centers authorized under part D of title II and the regional
labs authorized under section 205 of the General Education Provisions
Act.
``(c) Provisions.--The system shall include at a minimum the
following:
``(1) School support teams.--
``(A) Each State, in consultation with local
educational agencies, shall establish a system of
school support teams to provide information and
assistance to each schoolwide program and to assist
such program in providing an opportunity to all
students to meet the State's performance standards.
``(B) Each such team shall be composed of
individuals with experience in successfully improving
the educational opportunities for low achieving
students, especially individuals identified in
paragraph (3), and individuals knowledgeable about
research and practice on teaching and learning,
including alternative and applied learning, especially
for low achieving students.
``(C) A school support team shall work with each
school as it develops its schoolwide program plan,
review each plan, and make recommendations to the
school and the local educational agency.
``(D) During the operation of the schoolwide
programs, a school support team shall periodically
review the progress of the school in enabling children
in the school to meet the State's performance
standards, identify problems in the design and
operation of the instructional program, and make
suggestions for the improvement to the school and the
local educational agency.
``(2) Distinguished schools.--
``(A) Each State shall designate as a distinguished
school any school served under this part which, for 3
consecutive years, has exceeded the State's definition
of adequate progress as defined in section 1111(b)(2),
and, any school in which virtually all students have
met the State's advanced performance standards and in
which equity in participation and achievement of
students by sex has been achieved or significantly
improved.
``(B) Schools designated under this paragraph may
serve as models and provide support to other schools,
especially schoolwide programs and schools in program
improvement, to assist such schools in meeting the
State's performance standards.
``(C) States shall use funds available under
section 1002(6) to allow schools identified under this
paragraph to carry out the activities described in
subparagraph (B) and may use such funds to provide
awards to such schools to further their education
programs under this part, provide additional incentives
for continued success, and reward individuals or groups
in the school for exemplary performance.
``(D) A local educational agency may also recognize
the success of a distinguished school by providing
additional institutional and individual rewards, such
as greater decisionmaking authority at the school
building level, increased access to resources or
supplemental services such as summer programs that may
be used to sustain or increase success, additional
professional development opportunities, opportunities
to participate in special projects, and individual
financial bonuses.
``(3) Distinguished educators.--
``(A) In order to provide assistance to schools and
local educational agencies identified as needing
improvement or schoolwide programs, each State, in
consultation with local educational agencies and using
funds available under section 1002(6), shall establish
a corps of distinguished educators.
``(B) When possible, distinguished educators shall
be chosen from schools served under this part that have
been especially successful in enabling children to meet
or make outstanding progress toward meeting the State's
performance standards, such as the schools described in
paragraph (2).
``(C) Distinguished educators shall provide, as
part of the statewide system, intensive and sustained
assistance to the schools and local educational
agencies furthest from meeting the State's standards
and schoolwide programs as they develop and implement
their plans, including participation in the support
teams described in paragraph (1).
``(d) In order to implement this section, funds under section
1002(6) may be used by a State for release time for teachers and
administrators, travel, training, and other related costs.
``(e) Alternatives.--If a State has devised alternative or
additional approaches to providing the assistance described in
paragraphs (1) and (3) of subsection (c), such as providing assistance
through institutions of higher education and educational service
agencies or other local consortia, the State may seek approval from the
Secretary to use funds authorized in section 1002(6) for such
approaches as part of the State plan.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) In General.--A local educational agency may receive funds
under this part only if it implements programs, activities, and
procedures for the involvement of parents in programs assisted under
this title. Such activities shall be planned and implemented with
meaningful consultation with parents of participating children.
``(b) Local Educational Agency Policy.--(1) Each local educational
agency that receives funds under this part shall develop jointly with,
and make available to, parents of participating children a written
parental involvement policy that is incorporated into the local
educational agency's plan developed under section 1112, establishes the
expectations for parental involvement, and describes how the local
educational agency will--
``(A) involve parents in the development of the plan
described under section 1112, and the process of school review
and improvement described under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (f);
``(D) coordinate and integrate parental involvement
strategies in this part with parental involvement strategies
under other programs, including Head Start, Even Start, and
State-run preschool programs;
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy developed under this section in increasing
the participation of parents to identify barriers to greater
participation by parents in activities authorized by this
section, giving particular attention to parents who are
economically disadvantaged, are disabled, have limited-English
proficiency, have limited literacy, or are of any racial or
ethnic minority background and use the findings of such reviews
in designing strategies for school improvement.
``(2) If the local educational agency has an agency-wide parental
involvement policy that applies to all parents, it may amend such
policy, if necessary, to meet the requirements of this subsection.
``(3) Each local educational agency shall reserve not less than 1
percent of its allocation under this part for the purposes of carrying
out this section, including family literacy and parenting skills.
``(c) School Parental Involvement Plan.--(1) Each school served
under this part shall jointly develop with, and make available to,
parents of participating children a written parental involvement plan
that shall be incorporated into the school plan developed under section
1114 or 1115 and shall describe the means for carrying out the
requirements of subsections (c) through (f).
``(2) If the school has a parental involvement policy that applies
to all parents, it may amend such policy, if necessary, to meet the
requirements of this subsection.
``(d) Policy Involvement.--Each school served under this part
shall--
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of the school's
participation under this part and to explain this part, its
requirements, and the parent's right to be involved;
``(2) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs under
this part, including the development of the school plan under
section 1114 or 1115 or if a school has in place a process for
involving parents in the planning and design of its programs,
the school may use such process, provided that the process
includes an adequate representation of parents of participating
children; and
``(3) provide parents of participating children--
``(A) timely information about programs under this
part;
``(B) school performance profiles required under
section 1116(a)(2) and individual student assessment
results, including an interpretation of such results,
required under section 1111(b)(3);
``(C) opportunities for regular meetings to
formulate suggestions, if such parents so desire; and
``(D) timely responses to parents' recommendations.
``(e) Shared Responsibilities for High Student Performance.--As a
component of the school-level parental involvement plan developed under
subsection (b), each school served under this part shall jointly
develop with parents for all children a school-parent compact that
outlines how parents, the entire school staff, and students will share
the responsibility for improved student achievement and the means by
which the school and parents will build and develop a partnership to
help children achieve the State's high standards. Such compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and
effective learning environment that enable the children to meet
the State's challenging performance standards, and the ways in
which each parent will be responsible for supporting his or her
children's learning, including monitoring attendance, homework
completion, television watching, and positive use of
extracurricular time; and
``(2) address the importance of communication between
teachers and parents on an ongoing basis through at a minimum--
``(A) parent-teacher conferences in elementary
schools, at least annually, during which the compact
shall be discussed as it relates to the individual
child's achievement;
``(B) frequent reports to parents on their
children's progress; and
``(C) reasonable access to staff and observation of
classroom activities.
``(f) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the school,
parents, and the community to improve student achievement, each school
and local educational agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the National Education Goals, the
State's content and performance standards, opportunity-to-learn
standards, State and local assessments, the requirements of
this part, and how to monitor a child's progress and work with
educators to improve the performance of their children;
``(2) shall provide materials and training, including--
``(A) coordinating necessary literacy training from
other sources to help parents work with their children
to improve their children's achievement; and
``(B) training to enable parents to work more
effectively with teachers, schools, and school systems;
``(3) shall educate teachers, principals, and other staff
in the value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with parents as
equal partners, implement and coordinate parent programs, and
build ties between home and school;
``(4) shall develop appropriate roles for community-based
organizations and businesses in parent involvement activities,
including providing information about opportunities for them to
work with parents and schools, and encouraging the formation of
partnerships between elementary, middle, and secondary schools
and local businesses that include a role for parents;
``(5) shall ensure, to the extent possible, that
information related to school and parent programs, meetings,
and other activities is sent to the homes of participating
children in the language used in such homes;
``(6) shall involve parents in the development of training
for teachers, principals, and other educators for the purpose
of improving the effectiveness of such training in improving
instruction and services to the children of such parents;
``(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding for
such activities;
``(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs to enable parents to
participate in school-related meetings and training sessions;
``(9) may coordinate and integrate parent involvement
programs and activities with Head Start, Even Start, and State-
run preschool programs;
``(10) may train and support parents to enhance the
involvement of other parents;
``(11) may arrange meetings at a variety of times, such as
in the mornings and evenings in order to maximize opportunities
of parents to participate in school related activities;
``(12) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school; and
``(13) may adopt and implement model approaches to
improving parental involvement such as Even Start.
``(g) Accessibility.--In carrying out the parental involvement
requirements of this part, local educational agencies and schools
shall, to the extent practicable, ensure that parents of limited-
English proficient children or disabled children are afforded the same
access to parental involvement opportunities as their children are
afforded to other programs funded under this part, including the
provision of information in a language and form that the parents of
such children can understand.
``SEC. 1119. PROFESSIONAL DEVELOPMENT.
``(a) Program Requirements.--(1) Local educational agencies
receiving assistance under this part shall provide high-quality,
sustained professional development that will improve the teaching of
the core academic subjects, consistent with the State content
standards, in order to enable all children to meet the State's
performance standards.
``(2) Professional development activities shall be designed by
teachers and other school staff in schools receiving assistance under
this part.
``(b) Professional Development Activities.--
``(1) Professional development activities shall--
``(A) support instructional practices that are
geared to challenging State content standards and
create a school environment conducive to high
achievement in the core academic subjects;
``(B) support local educational agency plans under
section 1112 and school plans under sections 1114 and
1115;
``(C) draw on resources available under this part,
title III of the Goals 2000: Educate American Act, part
A of title II of this Act, and from other sources;
``(D) where appropriate, include strategies for
developing curricula and teaching methods that
integrate academic and vocational instruction
(including applied learning and team teaching
strategies); and
``(E) include strategies for identifying and
eliminating gender and racial bias in instructional
materials, methods, and practices.
(2) Professional development activities may include--
``(A) instruction in the use of assessments;
``(B) instruction in ways that teachers,
principals, and school administrators may work more
effectively with parents;
``(C) the forming of partnerships with institutions
of higher education to establish school-based teacher
training programs that provide prospective teachers and
novice teachers with an opportunity to work under the
guidance of experienced teachers and college faculty;
``(D) instruction in the use of technology;
``(E) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part)
to obtain the education necessary for them to become
licensed and certified teachers;
``(F) instruction in ways to teach special needs
children;
``(G) instruction in gender-equitable education
methods, techniques, and practices;
``(H) joint professional development activities
involving programs under this part, Head Start, Even
Start, or State-run preschool program personnel; and
``(I) instruction in experiential-based teaching
methods such as service learning.
``(c) Program Requirements.--Programs should be designed so that--
``(1) all school staff in schoolwide program schools can
participate in professional development activities;
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(d) Parental Participation.--Parents may participate in
professional development activities under this part if the school
determines that parental participation would be appropriate.
``(e) Consortia.--In carrying out such professional development
programs, local educational agencies may provide such services through
consortia arrangements with other local educational agencies,
educational service agencies or other local consortia, institutions of
higher education or other public or private institutions or
organizations.
``(f) Effective Teaching Strategies.--Knowledge of effective
teaching strategies that is gained through professional development
activities under this section may be shared with teachers who are not
participating in schoolwide or targeted assistance programs under this
part.
``(g) Combinations of Funds.--Funds provided under this part that
are used for professional development purposes may be combined with
funds provided under part A of title II of this Act, title III of the
Goals 2000: Educate America Act, and other sources.
``(h)(1) The State educational agency shall review the local
educational agency's plan to determine if such agency's professional
development activities--
``(A) are tied to challenging State student content and
performance standards and opportunity-to-learn standards;
``(B) reflect recent research on teaching and learning;
``(C) are of sufficient intensity and duration to have a
positive impact on the teacher's performance in the classroom;
``(D) are part of the everyday activities of the school and
create an orientation toward continuous improvement in the
classroom or throughout the school;
``(E) include methods to teach children with special needs;
``(F) are developed with the extensive participation of
teachers; and
``(G) include gender-equitable education methods,
techniques, and practices.
``(2) If a local educational agency's plan for professional
development does not meet such criteria, the State educational agency
shall assist such local educational agencies in making progress toward
inclusion of such elements in the local educational agency's
professional development activities.
``(i) Instructional Aides.--(1) If a local educational agency uses
funds received under this part to employ instructional aides, the local
educational agency shall ensure that such aides--
``(A) possess the knowledge and skills sufficient to assist
participating children in meeting the educational goals of this
part;
``(B)(i) have a high school diploma, a General Education
Development certificate, or earn either within 2 years of
employment, except that
``(ii) a local educational agency may employ an
instructional aide that does not meet the requirement in clause
(i) if such aide possesses proficiency in a language other than
English that is needed to enhance the participation of children
in programs under this part; and
``(C) are under the direct supervision of a teacher who has
primary responsibility for providing instructional services to
eligible children.
``(2) Local educational agencies receiving funds under this part
shall include instructional aides in professional development
activities.
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--(1) To the extent consistent with the
number of eligible children identified under section 1115(b) in a local
educational agency who are enrolled in private elementary and secondary
schools, a local educational agency shall, after timely and meaningful
consultation with appropriate private school officials, provide such
children, on an equitable basis, special educational services or other
benefits under this part (such as dual enrollment, educational radio
and television, computer equipment and materials, other technology, and
mobile educational services and equipment).
``(2) The educational services or other benefits, including
materials and equipment, must be secular, neutral, and nonideological.
``(3) Educational services and other benefits for such private
school children shall be equitable in comparison to services and other
benefits for public school children participating under this part.
``(4) Expenditures for educational services and other benefits to
eligible private school children shall be equal to the proportion of
funds allocated to participating school attendance areas based on the
number of children from low-income families who attend private schools.
``(5) The local educational agency may provide such services
directly or through contracts with public and private agencies,
organizations, and institutions.
``(b) Public Control of Funds.--(1) The control of funds provided
under this part, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a public
agency shall administer such funds and property.
``(2)(A) The provision of services under this section shall be
provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee, person,
association, agency, or organization shall be independent of such
private school and of any religious organization, and such employment
or contract shall be under the control and supervision of such public
agency.
``(c) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation on an equitable
basis of eligible children enrolled in private elementary and secondary
schools or if the Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 9505 and 9506 of this
Act.
``(d) Capital Expenses.--(1)(A) From the amount appropriated for
this subsection under section 1002(5) for any fiscal year, each State
is eligible to receive an amount that bears the same ratio to the
amount so appropriated as the number of private school children who
received services under this part in the State in the most recent year
for which data satisfactory to the Secretary are available bears to the
number of such children in all States in that same year.
``(B) The Secretary shall reallocate any amounts allocated under
subparagraph (A) that are not used by a State for the purpose of this
subsection to other States on the basis of their respective needs, as
determined by the Secretary.
``(2)(A) A local educational agency may apply to the State
educational agency for payments for capital expenses consistent with
this subsection.
``(B) State educational agencies shall distribute such funds to
local educational agencies based on the degree of need set forth in
their respective applications.
``(3) Any funds appropriated to carry out this subsection shall be
used only for capital expenses incurred to provide equitable services
for private school children under this section.
``(4) For the purpose of this subsection, the term `capital
expenses' is limited to--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and personal
property, including, but not limited to, mobile educational
units and leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1121. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the State
educational agency finds that the local educational agency has
maintained its fiscal effort in accordance with section 9501 of this
Act, including such effort for professional development activities.
``(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--(1)(A) Except as provided in subparagraph (B), a State or local
educational agency shall use funds received under this part only to
supplement the amount 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 assisted under this part,
and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a State
or local educational agency may exclude supplemental State and local
funds expended in any eligible school attendance area or school for
programs that meet the requirements of section 1114 or 1115.
``(2) No local educational agency shall be required to provide
services under this part through a particular instructional method or
in a particular instructional setting in order to demonstrate its
compliance with paragraph (1).
``(c) Comparability of Services.--(1)(A) Except as provided in
paragraphs (4) and (5), a local educational agency may receive funds
under this part only if State and local funds will be used in schools
served under this part to provide services that, taken as a whole, are
at least comparable to services in schools that are not receiving funds
under this part.
``(B) If the local educational agency is serving all of its schools
under this part, such agency may receive funds under this part only if
it will use State and local funds to provide services that, taken as a
whole, are substantially comparable in each school.
``(C) A local educational agency may meet the requirements of
subparagraphs (A) and (B) on a grade-span by grade-span basis or a
school-by-school basis.
``(2)(A) To meet the requirements of paragraph (1), a local
educational agency shall demonstrate that--
``(i) expenditures per pupil from State and local funds in
each school served under this part are equal to or greater than
the average expenditures per pupil in schools not receiving
services under this part; or
``(ii) instructional salaries per pupil from State and
local funds in each school served under this part are equal or
greater than the average instructional salaries per pupil in
schools not receiving services.
``(B) A local educational agency need not include unpredictable
changes in student enrollment or personnel assignments that occur after
the beginning of a school year in determining comparability of services
under this subsection.
``(3) Each local educational agency shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting its compliance.
``(4) This subsection shall not apply to a local educational agency
that does not have more than one building for each grade span.
``(5) For the purpose of determining compliance with paragraph (1),
a local educational agency may exclude State and local funds expended
for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities.
``Subpart 2--Allocations
``SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a), the
Secretary shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (b).
``(b) Allotment to the Secretary of the Interior.--
``(1) The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year shall
be, as determined pursuant to criteria established by the
Secretary, the amount necessary to meet the special educational
needs of--
``(A) Indian children on reservations served by
elementary and secondary schools for Indian children
operated or supported by the Department of the
Interior; and
``(B) out-of-State Indian children in elementary
and secondary schools in local educational agencies
under special contracts with the Department of the
Interior.
``(2) From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary of
Education determines will best carry out the purposes of this
part, with respect to out-of-State Indian children described in
paragraph (1). The amount of such payment may not exceed, for
each such child, the greater of--
``(A) 40 percent of the average per-pupil
expenditure in the State in which the agency is
located; or
``(B) 48 percent of such expenditure in the United
States.
``SEC. 1123. ALLOCATIONS TO STATES.
``(a) General.--For each fiscal year, an amount of the
appropriations for this part equal to the appropriation for fiscal year
1994 for part A of chapter 1, title I, Elementary and Secondary
Education Act, shall be allocated in accordance with sections 1124 and
1124A. Any additional appropriations for this part for any fiscal year,
after application of the preceding sentence, shall be allocated in
accordance with section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all local
educational agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the Secretary
shall ratably reduce the allocations to such local educational
agencies, subject to subsections (c) and (d) of this section.
``(2) If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal
year, allocations that were reduced under paragraph (1) shall
be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--Notwithstanding subsection (b), the
total amount made available to each local educational agency under each
of sections 1124 and 1125 for any fiscal year shall be at least 85
percent of the total amount such local educational agency was allocated
under such sections (or, for fiscal year 1995, their predecessor
authorities) for the preceding fiscal year.
``(d) Definition.--For the purpose of this section and sections
1124 and 1125, the term State means each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and Puerto
Rico.--
``(A) 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 section 1126),
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. For each local educational agency
serving an area with a total population of at least
20,000 persons, the grant under this section shall be
the amount determined by the Secretary. For local
educational agencies serving areas with total
population of fewer than 20,000 persons, the State
education agency may either (I) distribute to such
local educational agencies grants under this section
equal to the amounts determined by the Secretary; or
(II) use an alternative method, approved by the
Secretary, to distribute the share of the State's total
grants under this section that is based on local
educational agencies with total populations of fewer
than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's
local educational agencies serving areas with total
populations of fewer than 20,000 persons shall be based
upon population data that the State education agency
determines best reflect the current distribution of
children in poor families among the State's local
educational agencies serving areas with total
populations of fewer than 20,000 persons. If a local
educational agency serving an area with total
population of less than 20,000 persons is dissatisfied
with the determination of its grant by the State
education agency, then it may appeal this determination
to the Secretary. The Secretary must respond to this
appeal within 45 days of receipt. The Secretary shall
consult with the Secretary of Commerce regarding
whether available data on population for local
educational agencies serving areas with total
populations of fewer than 20,000 persons are
sufficiently reliable to be used to determine final
grants to such areas.
``(B) If, and only if, there are portions of any of
the States for which the Department of Commerce has not
prepared data on the number of children, aged 5-17,
from families below the poverty level for local
educational agencies, then the Secretary shall use such
data compiled for counties in those portions of the
States, treating the counties as if they were local
educational agencies. In such cases, subject to section
1126, the grant for any local educational agency in
such an area of 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 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
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 of--
``(i) the percentage determined under the
preceding sentence; and
``(ii) 32 percent of the average per pupil
expenditure in the United States.
``(2) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--A local educational
agency shall be eligible for a basic grant for a fiscal year under this
subpart only if the number of children counted under subsection (c) in
the school district of such local educational agency is at least 10.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
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 poverty 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 in
institutions for neglected and delinquent children
(other than such institutions operated by the United
States) or attending community day programs for such
children, but not counted pursuant 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 Department of Commerce for local
educational agencies (as produced and published under
section 181a of title 13, United States Code). If, and
only if, there are portions of any of the States for
which the Department of Commerce has not prepared data
on the number of children, aged 5-17, from families
below the poverty level for local educational agencies,
then the Secretary shall use such data compiled for
counties in those portions of the States, treating the
counties as if they were local educational agencies.
The District of Columbia and the Commonwealth of Puerto
Rico shall be treated as individual local educational
agencies. If a local educational agency contains two or
more counties in their entirety, then each county will
be treated as if it were a separate local educational
agency for purposes of calculating grants under this
part. The total of grants for such counties shall be
allocated to such a local educational agency, which
shall distribute to schools in each county within it a
share of the local educational agency's total grant
that is no less than the county's share of the
population counts used to calculate the local
educational agency's grant. If the Department of
Commerce has updated data on the number of children,
aged 5-17, from families below the poverty level for
local educational agencies, then the Secretary shall
use the updated data. In determining the families which
are below the poverty level, the Secretary shall
utilize the criteria of poverty used by the Bureau of
the Census in compiling the most recent decennial
census, in such form as those criteria have been
updated by increases in the Consumer Price Index for
all urban consumers, published by the Bureau of Labor
Statistics.
``(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 dependent 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 for all urban consumers, published
by the Bureau of Labor Statistics. 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 described
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 calendar 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 updated
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
school district, and the Secretary 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 executive 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 institutions to be living in institutions
for delinquent children.
``(d) State Minimum.--
``(1) 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)(A) No State shall, by reason of the application of
the provisions 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.
``(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.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1)(A) Except as otherwise provided in this paragraph,
each local educational agency, in a State other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau, which is eligible for a grant under this
part for any fiscal year shall be entitled to an additional
grant under this section for that fiscal year if--
``(i) the number of children counted under section
1124(c) of this part in the local educational agency
for the preceding fiscal year exceeds 6,500, or
``(ii) the number of children counted under section
1124(c) exceeds 15 percent of the total number of
children aged five to seventeen, inclusive, in the
local educational agency 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 paragraph (6) 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
provisions 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
(D), 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 payment made with funds available under this
section for that year.
``(2) For each local educational agency eligible to receive
an additional grant under this section 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 1124(c) for the
preceding fiscal year, in a local educational
agency which qualifies on the basis of
subparagraph (A)(i) of paragraph (1); or
``(ii) the number of children counted under
section 1124(c) for the preceding fiscal year
in a local educational agency which qualifies
on the basis of subparagraph (A)(ii) of
paragraph (1); and
``(B) the quotient resulting from the division of
the amount determined for those agencies under section
1124(a)(1) for the fiscal year for which the
determination is being made divided by the total number
of children counted under section 1124(c) for that
agency for the preceding fiscal year.
``(3) The amount of the additional grant to which an
eligible local educational agency is entitled under this
section for any fiscal year shall be an amount which bears the
same ratio to the amount reserved under paragraph (6) for that
fiscal year as the product determined under paragraph (2) for
such local educational agency for that fiscal year bears to the
sum of such products for all local educational agencies 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 1124(c)
for any local educational agency, and the total number of
children aged five to seventeen, inclusive, in local
educational agencies, on the basis of the most recent
satisfactory data available at the time the payment for such
local educational agency is determined under section 1124.
``(5)(A) For each local educational agency serving an area
with a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
education agency may either (i) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (ii) use an alternative
method, approved by the Secretary, to distribute the share of
the State's total grants under this section that is based on
local educational agencies with total populations of fewer than
20,000 persons. Such an alternative method of distributing
grants under this section among a State's local educational
agencies serving areas with total populations of fewer than
20,000 persons shall be based upon population data that the
State education agency determines best reflects the current
distribution of children in poor families among the State's
local educational agencies serving areas with total populations
of fewer than 20,000 persons and meeting the eligibility
criteria of paragraph (1)(A). If a local educational agency
serving an area with total population of less than 20,000
persons is dissatisfied with the determination of its grant by
the State education agency, then it may appeal this
determination to the Secretary. The Secretary must respond to
this appeal within 45 days of receipt. The Secretary shall
consult with the Secretary of Commerce regarding whether
available data on population for local educational agencies
serving areas with total populations of fewer than 20,000
persons are sufficiently reliable to be used to determine final
grants to such areas meeting the eligibility criteria of
paragraph (1)(A).
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families below
the poverty level for local educational agencies, then the
Secretary shall use such data compiled for counties in those
portions of the States, treating the counties as if they were
local educational agencies. In such cases, subject to section
1126, the grant for any local educational agency in such an
area of 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 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.
``(b) Reservation of Funds.--Of the total amount of funds available
for sections 1124 and 1124A, 10 percent of the amount appropriated for
that fiscal year shall be available to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) 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 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.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a targeted grant
under this section for any fiscal year if the number of children in the
local educational agency under subsection 1124(c), before application
of the weighting factor, is at least 10.
``(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--(1) The amount of the grant that a local
educational agency in a State or that the District of Columbia is
eligible to receive under this section for any fiscal year shall be the
product of--
``(A) the number of children counted under subsection (c);
and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) For each fiscal year, the amount of the grant for which the
Commonwealth of Puerto Rico is eligible under this section shall be
equal to the number of children counted under subsection (c) for Puerto
Rico, multiplied by the amount determined in subparagraph
1124(a)(1)(C).
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section shall be the number
counted in subsection 1124(c) multiplied by the weighting
factor for the local educational agency. The weighting factor
shall be established on the basis of the percentage that the
number of children counted under section 1124(c) represents of
the total population aged 5-17 years in the local educational
agency or the number of such children. Weighted pupil counts
will be calculated based upon both percentage and number and
the larger of the two counts will be used in calculating grants
for each local educational agency. Weighting factors shall be
assigned according to the following scale: if the percentage is
greater than 0 but less than 14.265, the weighting factor shall
be 1.00 for all children counted in section 1124(c); if the
percentage is greater than 14.265 but less than 21.553, the
weighting factor shall be 1.00 for a number of children counted
in section 1124(c) equal to 14.265 percent of the total school
age population and 1.50 for children counted under section
1124(c) in excess of 14.265 percent of the total school age
population; if the percentage is greater than 21.553 percent
but less than 29.223 percent, then the weighting factor shall
be 1.00 for a number of children counted in section 1124(c)
equal to 14.265 percent of the total school age population,
1.50 for a number of children counted under section 1124(c)
equal to 7.288 percent of the total school age population, and
2.00 for children counted under section 1124(c) in excess of
21.553 percent of the total school age population; if the
percentage is greater than 29.223 percent but less than 36.538
percent, then the weighting factor shall be 1.00 for a number
of children counted in section 1124(c) equal to 14.265 percent
of the total school age population, 1.50 for a number of
children counted under section 1124(c) equal to 7.288 percent
of the total school age population, 2.00 for a number of
children counted under section 1124(c) equal to 7.67 percent of
the total school age population, and 2.50 for children counted
under section 1124(c) in excess of 29.223 percent of the total
school age population; and if the percentage is greater than
36.538, then the weighting factor shall be 1.00 for a number of
children counted in section 1124(c) equal to 14.265 percent of
the total school age population, 1.50 for a number of children
counted under section 1124(c) equal to 7.288 percent of the
total school age population, 2.00 for a number of children
counted under section 1124(c) equal to 7.67 percent of the
total school age population, 2.50 for a number of children
counted in section 1124(c) equal to 7.315 percent of the total
school age population, and 3.00 for children counted in section
1124(c) in excess of 36.538 percent of the total school age
population. Separately, if the number of children counted under
section 1124(c) is greater than 0 but less than 575, the
weighting factor shall be 1.00 for all children counted in
section 1124(c); if the number is greater than 575 but less
than 1,870, the weighting factor shall be 1.00 for a number of
children counted in section 1124(c) equal to 575, and 1.50 for
children counted under section 1124(c) in excess of 575; if the
number is greater than 1,870 but less than 6,910, then the
weighting factor shall be 1.00 for a number of children counted
in section 1124(c) equal to 575, 1.50 for a number of children
counted under section 1124(c) equal to 1,295, and 2.00 for
children counted under section 1124(c) in excess of 1,870; if
the number is greater than 6,910 but less than 42,000 then the
weighting factor shall be 1.00 for a number of children counted
in section 1124(c) equal to 575, 1.50 for a number of children
counted under section 1124(c) equal to 1,295, 2.00 for a number
of children counted under section 1124(c) equal to 5,040, and
2.50 for children counted under section 1124(c) in excess of
6,910; and if the number is greater than 42,000, then the
weighting factor shall be 1.00 for a number of children counted
in section 1124(c) equal to 575, 1.50 for a number of children
counted under section 1124(c) equal to 1,295, 2.00 for a number
of children counted under section 1124(c) equal to 5,040, 2.50
for a number of children counted in section 1124(c) equal to
35,090 and 3.00 for children counted in section 1124(c) in
excess of 42,000. For the Commonwealth of Puerto Rico, the
weighting factor shall be no greater than 1.62.
``(d) Local Educational Agency Allocations.--For each local
educational agency serving an area with a total population of at least
20,000 persons, the grant under this section shall be the amount
determined by the Secretary. For local educational agencies serving
areas with total populations of fewer than 20,000 persons, the State
education agency may either (1) distribute to such local educational
agencies grants under this section equal to the amounts determined by
the Secretary; or (2) use an alternative method, approved by the
Secretary, to distribute the share of the State's total grants under
this section that is based on local educational agencies with total
populations of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of fewer than
20,000 persons shall be based upon population data that the State
education agency determines best reflects the current distribution of
children in poor families among the State's local educational agencies
serving areas with total populations of fewer than 20,000 persons. If a
local educational agency serving an area with total populations of less
than 20,000 persons is dissatisfied with the determination of its grant
by the State education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal within 45 days
of receipt. If, and only if, there are portions of any of the States
for which the Department of Commerce has not prepared data on the
number of children, aged 5-17, from families below the poverty level
for local educational agencies, then the Secretary shall use such data
compiled for counties in those portions of the States, treating the
counties as if they were local educational agencies. The Secretary
shall consult with the Secretary of Commerce regarding whether
available data on population for local educational agencies serving
areas with total populations of fewer than 20,000 persons are
sufficiently reliable to be used to determine final grants to such
areas.
``(e) State Minimum.--Notwithstanding any other provision of this
section, from the total amount available for any fiscal year to carry
out this section, each State shall be allotted at least the lesser of--
``(1) one quarter of one percent of such amount;
``(2) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c), without
application of a weighting factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected or Delinquent Children.--(1) If a
State educational agency determines that a local educational agency in
the State is unable or unwilling to provide for the special educational
needs of children who are living in institutions for neglected or
delinquent children as described in subparagraph 1124(c)(1)(C), the
State educational agency shall, if it assumes responsibility for the
special educational needs of such children, receive the portion of such
local educational agency's allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
``(2) If the State educational agency does not assume such
responsibility, any other State or local public agency that does assume
such responsibility shall receive that portion of the local educational
agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The State
educational agency may allocate the amounts of grants under sections
1124, 1124A, and 1125 between and among the affected local educational
agencies when--
``(1) two or more local educational agencies serve, in
whole or in part, the same geographical area; or
``(2) a local educational agency provides free public
education for children who reside in the school district of
another local educational agency.
``(c) Reallocation.--If a State educational agency determines that
the amount of a grant a local educational agency would receive under
sections 1124, 1124A, and 1125 is more than such local agency will use,
the State educational agency shall make the excess amount available to
other local educational agencies in the State that need additional
funds in accordance with criteria established by the State educational
agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 412 of the
General Education Provisions Act or any other provision of law, not
more than 15 percent of the funds allocated to a local educational
agency for any fiscal year under this subpart (but not including funds
received through any reallocation under this subpart) may remain
available for obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every three
years, waive the percentage limitation in subsection (a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under subsection (a)
shall not apply to any local educational agency that receives less than
$50,000 under this subpart for any fiscal year.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of poverty
and illiteracy by improving the educational opportunities of the
Nation's low-income families by integrating early childhood education,
adult literacy or adult basic education, and parenting education into a
unified family literacy program, to be referred to as `Even Start',
that is implemented through cooperative projects that build on existing
community resources to create a new range of services, that promotes
achievement of the National Education Goals, and that assists children
and adults from low-income families to achieve challenging State
standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas, Indian
Tribes, and Other Purposes.--(1) In each fiscal year, the Secretary
shall reserve not less than 5 percent of the amount appropriated under
section 1002(b) of this title for programs, under such terms and
conditions as the Secretary shall establish, that are consistent with
the purpose of this part, and according to their relative needs, for--
``(A) children of migratory workers;
``(B) the outlying areas;
``(C) Indian tribes and tribal organizations; and
``(2) If the amount of funds made available under subsection (a)
exceeds $4,600,000, the Secretary shall make a grant of sufficient size
and for a period of sufficient duration to demonstrate the
effectiveness of a family literacy program in a prison that houses
women and their preschool age children and that has the capability of
developing a program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve not more
than three percent of such amounts or the amount reserved for such
purposes in the fiscal year 1994, whichever is greater, for purposes
of--
``(1) carrying out the evaluation required by section 1209;
and
``(2) providing, through grants or contracts, technical
assistance, program improvement, and replication activities
through eligible organizations.
``(c) State Allocation.--(1) After reserving funds under
subsections (a) and (b), the Secretary shall allocate the remaining
funds appropriated for this part to States, to be used in accordance
with section 1203.
``(2) Except as provided in paragraph (3), from the total amount
available for allocation to States in any fiscal year, each State shall
be eligible to receive a grant under paragraph (1) in an amount that
bears the same ratio to such total amount as the amount allocated to
such State under section 1122 of this title bears to the total amount
allocated under that section to all the States.
``(3) No State shall receive less than $250,000 under paragraph (1)
for any fiscal year.
``(d) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership
composed of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization,
public agency, institution of higher education, or
other public or private nonprofit organization of
demonstrated quality;
``(2) the terms `Indian tribe' and `tribal organization'
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act;
``(3) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico; and
``(4) the term `eligible organization' means any public or
private nonprofit organization with a record of providing
effective services to family literacy providers, such as the
National Center for Family Literacy, Parents as Teachers, Inc.,
and the Home Instruction Program for Preschool Youngsters.
``SEC. 1203. STATE PROGRAMS.
``(a) State-Level Activities.--Each State that receives a grant
under section 1202(c)(1) may use not more than 5 percent for--
``(1) administrative costs; and
``(2) the provision, through one or more subgrants or
contracts, of access to technical assistance for program
improvement and replication to eligible entities that receive
subgrants under subsection (b).
``(b) Subgrants for Local Programs.--(1) Each State shall use the
remainder of its grant to make subgrants to eligible entities to carry
out Even Start programs.
``(2) No State shall award a subgrant under paragraph (1) for an
amount less than $75,000.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program under this
part, a recipient of funds under this part shall use such funds to pay
the Federal share of the cost of providing family-centered education
programs that involve parents and children, from birth through age 7,
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.
``(b) Federal Share Limitation.--(1)(A) Except as provided in
paragraph (2), the Federal share under this part may not exceed--
``(i) 90 percent of the total cost of the program in the
first year that that program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program under this part may be
provided in cash or in kind, fairly evaluated, and may be obtained from
any source other than funds received under this title.
``(2) The State educational agency may waive, in whole or in part,
the cost-sharing requirement of paragraph (1) if an eligible entity--
``(A) demonstrates that it otherwise would not be able to
participate in the program under this part; and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver would be applicable.
``(3) Federal funds under this part may not be used for the
indirect costs of an Even Start program, except that the Secretary may
waive this limitation if a recipient of funds reserved under section
1202(a)(3) demonstrates to the Secretary's satisfaction that it
otherwise would not be able to participate in the program under this
part.
``SEC. 1205 PROGRAM ELEMENTS.
``Each Even Start program assisted under this part shall--
``(1) include the identification and recruitment of
families most in need of services provided under this part, as
indicated by a low level of income, a low level of adult
literacy or English language proficiency of the eligible parent
or parents, and other need-related indicators;
``(2) include screening and preparation of parents and
children to enable them to participate fully in the activities
and services provided under this part, including testing,
referral to necessary counselling, other developmental and
support services, and related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision of
support services, when unavailable from other sources,
necessary for participation, such as--
``(A) scheduling and locating of services to allow
joint participation by parents and children;
``(B) child care for the period that parents are
involved in the program provided under this part; and
``(C) transportation for the purpose of enabling
parents and their children to participate in programs
authorized by this part;
``(4) include high-quality instructional programs that
promote adult literacy, empower parents to support the
educational growth of their children, developmentally
appropriate early childhood educational services, and
preparation of children for success in regular school programs;
``(5) include special training of staff, including child
care staff, to develop the skills necessary to work with
parents and young children in the full range of instructional
services offered through this part;
``(6) provide and monitor integrated instructional services
to participating parents and children through home-based
programs;
``(7) operate on a year-round basis, including the
provision of some program services, either instructional or
enrichment, or both, during the summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this
title and this Act;
``(B) any relevant programs under the Adult
Education Act, the Individuals With Disabilities
Education Act, and the Job Training Partnership Act;
and
``(C) the Head Start program, volunteer literacy
programs, and other relevant programs; and
``(9) provide for an independent evaluation of the program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b), eligible
participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an
adult basic education program under the Adult Education
Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational
agency provides (or ensures the availability of) the
basic education component required under this part; and
``(2) the child or children, from birth through age seven,
of any parent described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--(1) Family
members other than those described in subsection (a) may participate in
program activities and services, when deemed by the program to serve
the purpose of this part.
``(2) Any family participating in a program under this part that
becomes ineligible for such participation as a result of one or more
members of the family becoming ineligible for such participation may
continue to participate in the program until all members of the family
become ineligible for participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents of
such family, shall be when all children in the family attain
the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant under this
part, an eligible entity shall submit an application to the State
educational agency in such form and containing or accompanied by such
information as the State educational agency shall require.
``(b) Required Documentation.--Each application shall include
documentation, satisfactory to the State educational agency, that the
eligible entity has the qualified personnel needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by an
eligible organization.
``(c) Plan.--Such application shall also include a plan of
operation for the program which shall include--
``(1) a description of the program goals;
``(2) a description of the activities and services that
will be provided under the program, including a description of
how the program will incorporate the program elements required
by section 1205;
``(3) a description of the population to be served and an
estimate of the number of participants;
``(4) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations in
carrying out the program for which assistance is sought;
``(5) a statement of the methods that will be used--
``(A) to ensure that the programs will serve
families most in need of the activities and services
provided by this part;
``(B) to provide services under this part to
individuals with special needs, such as individuals
with limited English proficiency and individuals with
disabilities; and
``(C) to encourage participants to remain in the
program for a time sufficient to meet the program's
purpose; and
``(6) a description of how the plan--
``(A)(i) is consistent with and promotes the goals
of the State and local plans, either approved or being
developed, under title III of the Goals 2000: Educate
America Act; and
``(ii) is consistent with the State and local plans
under sections 1111 and 1112; or
``(B) is consistent with the State and local plans
under sections 1111 and 1112 is the State does not have
an approved plan under title III of the Goals 2000:
Educate America Act and is not developing such a plan.
``(d) The plan described in subsection (c)(6) may be submitted as
part of a consolidated application under section 9302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--(1) The State educational agency shall
establish a review panel that will approve applications that--
``(A) are most likely to be successful in meeting the
purpose of this part, and in effectively implementing the
program elements required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children and
families who are in need of such services as indicated by high
levels of poverty, illiteracy, unemployment, or limited English
proficiency;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers in
all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
additional funding required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) The State educational agency shall give priority for
subgrants under this subsection to proposals that either--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(b) Review Panel.--A review panel shall consist of at least three
members, including one early childhood professional, one adult
education professional, and one or more of the following individuals:
``(1) A representative of a parent-child education
organization.
``(2) A representative of a community-based literacy
organization.
``(3) A member of a local board of education.
``(4) A representative of business and industry with a
commitment to education.
``(5) An individual who has been involved in the
implementation of programs under this title in the State.
``(c) Duration.--(1) Subgrants may be awarded for a period not to
exceed four years.
``(2) The State educational agency may provide a subgrantee, at the
subgrantee's request, a 3- to 6-month start-up period during the first
year of the four-year period, which may include staff recruitment and
training, and the coordination of services, before requiring full
implementation of the program.
``(3)(A) In reviewing any application for a subgrant to continue a
program for the second, third, or fourth year, the State educational
agency shall review the progress being made toward meeting the
objectives of the program after the conclusion of the start-up period,
if any.
``(B) The State educational agency may refuse to award a subgrant
if 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.
``(4)(A) An eligible entity that has previously received a subgrant
under this part may reapply under the terms of this part for a second
project period.
``(B) During the second project period, the Federal share of the
subgrant shall not exceed 50 percent in any year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the Secretary shall
provide for an independent evaluation of programs under this part--
``(1) to determine the performance and effectiveness of
programs; and
``(2) to identify effective Even Start projects that can be
replicated and used in providing technical assistance to
national, State, and local programs.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the educational
disruptions and other problems that result from repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a coordinated and
efficient manner;
``(3) ensure that migratory children have the opportunity
to meet the same challenging performance standards that all
children are expected to meet;
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers, social
isolation, various health-related problems, and other factors
that inhibit their ability to do well in school, and to prepare
these children to make a successful transition to postsecondary
education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the Secretary
shall make grants to State educational agencies, or combinations of
such agencies, to establish or improve, directly or through local
operating agencies, programs of education for migratory children in
accordance with this part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the Commonwealth
of Puerto Rico) is entitled to receive under this part, for each fiscal
year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and the
full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (e);
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average expenditure per pupil in the United
States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the amount
for which the Commonwealth of Puerto Rico is eligible under this
section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average expenditure
per pupil in Puerto Rico is of the lowest average per-
pupil expenditure of any of the 50 States; and
``(B) 32 percent of the average expenditure per
pupil in the United States.
``(c) Ratable Reductions; Reallocations.--(1)(A) If, after the
Secretary reserves funds under section 1308(c), the amount appropriated
to carry out this part for any fiscal year is insufficient to pay in
full the amounts for which all States are eligible, the Secretary shall
ratably reduce each such amount.
``(B) If additional funds become available for making such payments
for any fiscal year, the Secretary shall allocate such funds to States
in amounts that the Secretary finds would best carry out the purpose of
this part.
``(2)(A) The Secretary shall further reduce the amount of any grant
to a State under this part for any fiscal year if the Secretary
determines, based on available information on the numbers and needs of
migratory children in the State and the program proposed by the State
to address such needs, that such amount exceeds the amount required
under section 1304.
``(B) The Secretary shall reallocate such excess funds to other
States whose grants under this part would otherwise be insufficient to
provide an appropriate level of services to migratory children, in such
amounts as the Secretary determines are appropriate.
``(d) Consortium Arrangements.--(1) In the case of a State that
receives a grant of $1,000,000 or less under this section, the
Secretary shall consult with the State educational agency to determine
whether consortium arrangements with another State or other appropriate
entity would result in delivery of services in a more effective and
efficient manner.
``(2) A State, irrespective of the amount of its allocation, may
propose a consortium arrangement.
``(3) The Secretary shall approve a consortium arrangement under
paragraph (1) or (2) if the proposal demonstrates that the arrangement
will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order to
determine the estimated number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) as soon as feasible develop and implement a procedure
for more accurately reflecting cost factors for different types
of summer program designs which will be used to adjust the
estimated number of children who reside in a State in order to
reflect the number of migratory children who are served in
summer programs (which may include intersession programs) in
the State and the additional costs of operating such programs;
and
``(3) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State wishing to receive a grant
under this part for any fiscal year shall submit an application to the
Secretary at such time and in such manner as the Secretary may require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects under this part, the State and
its operating agencies will ensure that the special educational
needs of migratory children are identified and addressed
through a comprehensive plan for needs assessment and service
delivery that meets the requirements of section 1306,
including, when feasible, recording the migratory status of
such children and their average daily attendance on State
student collection data;
``(2) a description of the steps the State is taking to
provide migratory students with the opportunity to meet the
same challenging performance standards that all children are
expected to meet;
``(3) a description of how the State will use its funds to
promote interstate and intrastate coordination of services for
migratory children, including how, consistent with procedures
the Secretary may require, it will provide for educational
continuity through the timely transfer of pertinent school
records, including information on health, when children move
from one school to another, whether or not during the regular
school year;
``(4) a description of the State's priorities for the use
of funds received under this part, and how they relate to the
State's assessment of needs for services in the State;
``(5) a description of how the State will determine the
amount of any subgrants it will award to local operating
agencies, taking into account the requirements of paragraph
(1); and
``(6) such budgetary and other information as the Secretary
may require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the
acquisition of equipment, in accordance with section
1306(b)(1); and
``(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs
that can benefit migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of sections 1114, 1115(b)
and (d), 1120, and 1121(b) and (c), and part F of this title;
``(3) in the planning and operation of programs and
projects at both the State and local operating agency level,
there is appropriate consultation with parent advisory councils
for programs lasting a school year, and that all such programs
and projects are carried out, to the extent feasible, in a
manner consistent with section 1118 of this title;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part A
of this title; and
``(6) the State will assist the Secretary in determining
the number of migratory children under section 1303(e), through
such procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's challenging performance standards, and
whose education has been interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through other
programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve each State
application that meets the requirements of this part.
``(b) Peer Review.--The Secretary may review any such application
with the assistance and advice of State officials and other individuals
with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--Each State that receives a grant under
this part shall ensure that the State and its local operating agencies
identify and address the special educational needs of migratory
children in accordance with a comprehensive State plan that--
``(1)(A) is integrated with the State's plan, either
approved or being developed, under title III of the Goals 2000:
Educate America Act and satisfies the requirements of this
section that are not already addressed by such State plan; and
``(B) is integrated with other State plans, if any, under
the School-To-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Act to the extent
that such plans have not already been incorporated in the
State's plan under title III of the Goals 2000: Educate America
Act;
``(2) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(A) is integrated with other State plans, such as
those under the School-To-Work Opportunities Act of
1993 and the Carl D. Perkins Vocational and Applied
Technology Act, where such plans exist; and
``(B) satisfies the requirements of this section;
``(3) may be submitted as a part of a consolidated
application under section 9302;
``(4) provides that migratory children will have an
opportunity to meet the same challenging performance standards,
set out in those plans, that all children are expected to meet;
``(5) specifies measurable program goals and outcomes;
``(6) encompasses the full range of services that are
available for migratory children from appropriate local, State
and Federal educational programs;
``(7) is the product of joint planning among such local,
State, and Federal programs, including those under part A of
this title, early childhood programs, and bilingual education
programs under title VII of this Act;
``(8) provides for the integration of services available
under this part with services provided by such other programs;
and
``(9) to the extent feasible, provides for--
``(A) advocacy and outreach activities for
migratory children and their families, including
informing them of, or helping them gain access to,
other education, health, nutrition, and social
services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) parent involvement programs (as defined under
section 1118) and, when feasible, the establishment of
instructional programs such as use of the model
developed under the Even Start Family Literacy Programs
that promote adult literacy and train parents to
support the educational growth of their children;
``(D) the integration of communication and
information technology into educational and related
programs; and
``(E) programs to facilitate the transition of high
school students to postsecondary education or
employment.
A State may satisfy all or part of the requirements of this section by
referencing applicable sections of its approved plan under title III of
the Goals 2000: Educate America Act.
``(b) Authorized Activities.--(1) In implementing the comprehensive
plan described in subsection (a), each local operating agency shall
have the flexibility to determine the activities to be provided with
funds made available under this part, provided that--
``(A) before funds provided under this part are used to
provide services described in subparagraph (B), those funds
shall be used to meet the identified needs of migratory
children that--
``(i) result from the effects of their migratory
lifestyle, or are needed to permit migratory children
to participate effectively in school; and
``(ii) are not addressed by services provided under
other programs, including part A of this title; and
``(B) all migratory children who are eligible to receive
services under part A of this title shall receive such services
with funds provided under this part or under part A of this
title.
``(2) This subsection shall not apply to funds under this part that
are used for schoolwide programs under section 1114 of this title.
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's allocation under
this part to make arrangements with any public or private nonprofit
agency to carry out the purpose of this part in such State if the
Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--The Secretary, in consultation
with the States, may make grants to, or enter into contracts with,
State educational agencies, local educational agencies, institutions of
higher education, and other public and private nonprofit entities to
improve the interstate and intrastate coordination among State and
local educational agencies of their educational programs, including the
establishment or improvement of programs for credit accrual and
exchange, available to migratory students. Grants under this subpart
may be made for up to 5 years.
``(b) Assistance and Reporting.--(1) Within 60 days of enactment,
the Secretary shall convene a panel of Chief State School Officers and
technical experts to assess alternative methods by which student
records may be transferred from one school to another. Within 150 days
of having been convened, the panel shall make recommendations to the
Secretary on how schools may adopt the most cost-effective means of
exchanging of school records. The Secretary shall also develop the most
cost-effective and accurate method of determining the number of
students or full-time equivalent students in each State on a yearly
basis. The Secretary shall report to the Committee on Education and
Labor of the House of Representatives and the Committee on Labor and
Human Resources of the Senate the panel's findings and the Secretary's
recommendations.
``(2) The Secretary may contract for services for purposes of this
section.
``(c) Availability of Funds.--For the purpose of carrying out this
section, the Secretary shall reserve up to $6,000,000 from the amount
appropriated under section 1002(3) for each fiscal year to carry out
this part.
``(d) Competitive Grants.--From the amounts made available for this
section, the Secretary shall reserve not more than $1,500,000 to award,
on a competitive basis, grants in the amount of up to $100,000 each to
State educational agencies with consortium agreements described under
section 1303(d). Not less than 10 of such grants shall be awarded to
States which receive allocations of less than $1,000,000 if such States
have approved agreements.
``SEC. 1309. DISTANCE LEARNING.
``(a) Program.--The Secretary may establish a distance learning
program to provide, through competitive grants, continuity in the
education of migrant children using technology, interactive learning,
computers, and automated technology links achieved with modems and
telephone networks.
``(b) Funds.--Not more than $3,000,000 may be used to establish the
program under subsection (a).
``SEC. 1310. DEFINITIONS.
``As used in this part, the following terms have the following
meanings:
``(1) The term `local operating agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with
which a State educational agency or the Secretary makes
an arrangement to carry out a project under this part;
or
``(C) a State educational agency, if the State
educational agency operates the State's migrant
education program or projects directly.
``(2) The term `migratory child' means--
``(A) for fiscal year 1996 and subsequent years, a
child who is, or whose parent or spouse is, a migratory
agricultural worker (including a migratory dairy
worker) or a migratory fisher, and who, in the
preceding 24 months, in order to obtain, or accompany
such parent or spouse in order to obtain, temporary or
seasonal employment in agricultural or fishing work--
``(i) has moved from one local educational
agency to another; or
``(ii) in a State that is comprised of a
single local educational agency, has moved from
one administrative area to another within such
agency; or
``(B) for fiscal year 1995 only, a child fulfilling
the requirements of subparagraph (A) for a period of 36
months instead of for 24 months.
``PART D--PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
``(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
``(3) Preventing students from dropping out of local
schools and addressing the educational needs of delinquent
youth can help reduce the dropout rate and involvement in
delinquent activities at the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students
often return to their home school ill-prepared to meet current
curriculum requirements.
``(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal with the
unique educational and other needs of such youth.
``(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
``(9) Such youth need a strong dropout prevention program
which provides them with high level skills and which provides
supports to youth returning from correctional facilities in
order to keep them in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local
and State institutions for delinquent children so that they
have the opportunity to meet the same challenging State
performance standards that all children in the State will be
expected to meet;
``(2) to provide such children the services they need to
make a successful transition from institutionalization to
further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the purpose of
this part, the Secretary shall make grants to State educational
agencies, which shall make subgrants to State agencies and local
educational agencies to establish or improve programs of education for
delinquent children and youth at risk of dropping out of school before
graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1403, the Secretary shall allocate to each State
educational agency amounts necessary to make subgrants to State
agencies.
``(b) Local Subgrants.--Each State shall retain, for purposes of
subpart 2, funds generated throughout the State under part A based on
youth residing in local correctional facilities, or attending community
day programs for delinquent children.
``(c) Use of Remaining Funds.--Each State shall use any funds
remaining after allocations are made under subsection (a).
``Subpart 1--State Agency Programs
``SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
``(a) State Allocation.--Each State educational agency is eligible
to receive under this part, for each fiscal year, an amount equal to
the product of--
``(1) the number of delinquent children in State
correctional facilities serving youth under the age of 21 who
are enrolled for at least 20 hours per week in education
programs operated or supported by facilities serving youth, and
10 hours a week in adult facilities serving youth.
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent or more than 48
percent of the average per-pupil expenditure in the United
States.
``(b) Subgrants to State Agencies In Puerto Rico.--For each fiscal
year, the amount of the grant for which a State agency in the
Commonwealth of Puerto Rico is eligible under this part shall be equal
to--
``(1) the number of children counted under subsection
(a)(1) for Puerto Rico; multiplied by the product of--
``(A) the percentage that the average per-pupil
expenditure in Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States; and
``(B) 32 percent of the average per-pupil
expenditure in the United States.
``SEC. 1404. STATE PLAN.
``(a) State Plan.--(1)(A) Each State educational agency that
desires to receive payments under this part shall submit, for approval
by the Secretary, a plan, which shall be revised and updated as needed,
for meeting the needs of delinquent youth and children at risk of
dropping out that--
``(i) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000: Educate
America Act, and satisfies the requirements of this section
that are not already addressed by such State plan; or
``(ii) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act or is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this section.
``(B) A State plan submitted under paragraph (1)(A)(i) may, if
necessary, be submitted as an amendment to the State's plan under title
III of the Goals 2000: Educate America Act.
``(2) Each such plan shall also--
``(A) describe the State-established program goals,
objectives, and performance measures that will be used to
assess the effectiveness of the program in improving academic
and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as they would have if
they were in schools of local educational agencies in the
State;
``(C) describe the manner in which such State educational
agency will make subgrants; and
``(D) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part
will be carried out in accordance with the State plan
described in this subsection;
``(ii) carry out the evaluation requirements of
section 1408;
``(iii) ensure that its State agencies comply with
all applicable statutory and regulatory requirements;
and
``(iv) provide such other information as the
Secretary may reasonably require.
``(b) Secretarial Approval; Peer Review.--(1) The Secretary shall
approve each State plan that meets the requirements of this part.
``(2) The Secretary may review any such plan with the assistance
and advice of individuals with relevant expertise.
``(c) Subgrants to State Agencies.--A State agency is eligible for
assistance under this part if it is responsible for providing free
public education for children in institutions for delinquent children.
``(d) State Agency Applications.--A State agency that desires to
receive funds to carry out a program under this part shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under part A of this title, to assess the
educational needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be provided;
``(4) describes how the program will meet the goals and
objectives of the State plan under this part;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1406 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the results of
the most recent evaluation are used to plan and improve the
program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 9501 of this title;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, including the Job
Training Partnership Act, vocational education, State and local
dropout prevention programs, and special education;
``(9) describes how appropriate professional development
will be provided to teachers and other instructional and
administrative personnel;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally operated
programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating youth;
``(12) describes how the agency will assist in locating
alternative programs through which students can continue their
education if they are not returning to school after leaving the
correctional facility;
``(13) describes how the agency will work with parents to
secure their assistance in improving the educational
achievement of their children and preventing their further
involvement in delinquent activities;
``(14) describes how the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will notify
the youth's local school if such youth is identified as in need
of special education services while the youth is in the
facility and if the youth intends to return to the local
school;
``(15) describes how the agency will work with youth who
dropped out of school before entering the facility to encourage
such youth to reenter school once their term has been completed
or provide the youth with the skills necessary to gain
employment, continue their education, or achieve a high school
equivalency certificate if the youth does not intend to return
to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking into
consideration the unique needs of such students;
``(17) describes any additional services provided to youth,
including career counseling, assistance in securing student
loans, grants; and
``(18) describes how this program will be coordinated with
any programs operated under the Juvenile Justice and
Delinquency Act, if applicable.
``SEC. 1405. USE OF FUNDS.
``(a) General.--(1) A State agency shall use funds received under
this part only for programs and projects that--
``(A) are consistent with the State plan referred to in
section 1404(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition to
high school completion, further education, or employment.
``(2) Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under
section 1406, are provided to children identified by
the State agency as failing, or most at risk of
failing, to meet the State's challenging performance
standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the
State agency; and
``(iii) afford such children an opportunity to
learn to such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1119(b) and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 1408.
``(b) Supplement, Not Supplant.--A program under this part that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
`supplement, not supplant' requirement of section 1119(b) of this title
without regard to the subject areas in which instruction is given
during those hours.
``SEC. 1406. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children
in an institution for delinquent children may use funds received under
this part to serve all children in, and upgrade the entire educational
effort of, such institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for such institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within a
2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children under 21 with the
opportunity to meet challenging academic and vocational
standards in order to improve the likelihood that the students
will complete high school, attain high school equivalency, or
find employment after leaving the institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described in
paragraph (1), including, to the extent feasible, the provision
of mentors for secondary school students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions for
delinquent children and personnel from the State educational
agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training to teachers and other
instructional and administrative personnel to enable them to
carry out the project effectively.
``SEC. 1407. THREE-YEAR PROJECTS.
``If a State agency operates a program under this part in which
individual children are likely to participate for more than one year,
the State educational agency may approve the State agency's application
for a subgrant under this part for a period not to exceed 3 years.
``SEC. 1408. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not
more than 10 percent of the amount it receives under this part for any
fiscal year to support projects that facilitate the transition of
children from State-operated institutions to local educational
agencies.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private nonprofit organizations.
``(c) Limitation.--Any funds reserved under subsection (a) shall be
used only to provide transitional educational services, which may
include counseling and mentoring, to delinquent children in schools
other than State-operated institutions.
``Subpart 2--Local Agency Programs
``SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained under section 1402(2),
the State educational agency shall make subgrants to local educational
agencies with--
``(1) a high number or percentage of youth who are residing
in local (including county) correctional facilities for youth
(including those involved in day programs); and
``(2) which have the highest numbers or percentage of youth
in the State which have dropped out of school in the preceding
fiscal year.
``(b) Notification.--A State educational agency shall notify local
educational agencies which meet the criteria of subsection (a) of their
eligibility for participation in the program.
``(c) Purpose of Local Educational Agency Programs.--The purpose of
this section is the operation of local educational agency programs
which involve collaboration between local educational agencies and
local correctional facilities serving such youth to--
``(1) continue transition activities for youth returning
from such facilities;
``(2) to operate dropout prevention programs in local
schools for youth at risk of dropping out and youth returning
from correctional facilities; and
``(3) to prepare youth who have finished their period of
incarceration for employment, high school completion, and
further education.
``(d) Local Educational Agency Applications.--(1) Eligible local
educational agencies which choose to take part in programs funded under
this section shall submit an application to the State educational
agency, containing such information on programs to be operated under
this section as the State educational agency may require, and which
shall include--
``(1) a description of formal agreements between the local
educational agency and correctional facilities and alternative
school programs serving youth involved with the juvenile
justice system to operate programs for delinquent youth;
``(2) a description of how participating schools will
coordinate with facilities working with delinquent youth to
ensure that such youth are participating in an education
program comparable to one operating in the local school such
youth would attend;
``(3) a description of the dropout prevention program
operated by participating schools and the types of services
such schools will provide to at risk youth in participating
schools and youth returning from correctional facilities;
``(4) a description of the youth expected to be served by
the dropout prevention program and how the school will be
coordinating existing educational programs to meet unique
education needs;
``(5) a description of how schools will coordinate with
existing social and health services to meet the needs of
students at risk of dropping out of school and other
participating students, including prenatal health care and
nutrition services related to the health of the parent and
child, parenting and child development classes, child care,
targeted re-entry and outreach programs, referrals to community
resources, and scheduling flexibility;
``(6) a description of any partnerships with local
businesses to develop training and mentoring services for
participating students;
``(7) a description of how the program will involve parents
in efforts to improve the education achievement of their
children, assist in dropout prevention activities, and prevent
the involvement of their children in delinquent activities;
``(8) a description of how this program will be coordinated
with other Federal, State, and local programs, including the
Job Training and Partnership Act and vocational education
programs serving this at risk population of youth;
``(9) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act, if applicable;
``(10) a description of how schools will work with
probation officers to assist in meeting the needs of youth
returning from correctional facilities;
``(11) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
``(12) a description of the steps participating schools
will take to find alternative placements for youth interested
in continuing their education but unable to participate in a
regular public school program.
``(e) Uses of Funds.--Funds provided to local educational agencies
under this section may be used for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parent teens, youth
who have come in contact with the juvenile justice system,
youth at least one year behind their expected grade level,
migrants, immigrants, students with limited-English proficiency
and gang members;
``(2) the coordination of health and social services for
such youth if there is a likelihood that the provision of such
services including day care and drug and alcohol counseling,
will improve the likelihood such students will complete their
education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out, which may include vocational
education, special education, career counseling, and assistance
in securing student loans or grants.
``(f) Program Requirements for Correctional Facilities Receiving
Funds Under This Section.--Each facility entering into a partnership
with a local educational agency to provide services to youth under this
section shall--
``(1) ensure educational programs in juvenile facilities
are coordinated with the student's home school, particularly
with respect to special education students with an
individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education servicers while in
the facility;
``(3) provide transition assistance to help the youth stay
in school, including coordination of services for the family,
counseling, assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
``(4) provide support programs which encourage the youth
who have dropped out to reenter school once their term has been
completed or provide such youth with the skills necessary for
them to gain employment or seek a high school equivalency
certificate;
``(5) work to ensure facilities are staffed with teachers
and other qualified staff who are also trained to work with
children with disabilities and other special needs students
taking into consideration such unique needs;
``(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
``(7) use, to the extent possible, technology to assist
coordinating educational programs between the juvenile facility
and community school;
``(8) involve parents in efforts to improve the educational
achievement of their children and prevent the further
involvement of such children in delinquent activities;
``(9) coordinate funds received under this program with
other available State, local, and Federal funds to provide
services to participating youth, including the Job Training
Partnership Act, and vocational education;
``(10) coordinate programs operated under this section with
activities funded under the Juvenile Justice and Delinquency
Prevention Act, if applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``(g) Accountability.--The State educational agency may--
``(1) reduce or terminate funding for projects funded under
this section in local educational agencies if such agencies do
not show progress in reducing dropout rates for male students
and for female students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after 3
years, that there has been an increase in the number of youth
returning to school, obtaining high school equivalency
certificates, or obtaining employment after such youth are
released.
``SEC. 1411. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under subpart 1 or 2 shall evaluate the
program, disaggregating data on participation by sex, and if feasible,
by race, ethnicity, and age, not less than once every 3 years to
determine its impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) for delinquent youth, make the transition to a
regular program or other education program operated by a local
educational agency; and
``(4) complete high school (or high school equivalency
requirements) and obtain employment after leaving the
institution.
``(b) Evaluation Measures.--In conducting each such evaluation with
respect to subsection (a)(1), a State agency or local educational
agency shall use multiple and appropriate measures of student progress.
``(c) Evaluation Results.--Each State agency and local educational
agency shall --
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children.
``SEC. 1412. DEFINITIONS.
``For the purpose of this part, the following terms have the
following meanings:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a
conviction for a criminal offense, including persons under 21
years of age.
``(2) The term `at risk youth' means school aged youth who
are at risk of academic failure, have drug or alcohol problems,
are pregnant or are parents, have come into contact with the
juvenile justice system in the past, are at least one year
behind the expected grade level for such age, have limited-
English proficiency, are gang members, have dropped out in the
past, or have high absenteeism rates.
``(3) The term `community-day program' means a regular
program of instruction provided by a State agency at a
community-day school operated specifically for delinquent
children.
``(4) The term `institution for delinquent children' means
a public or private residential facility for the care of
children who have been adjudicated to be delinquent or in need
of supervision.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--(1) The Secretary shall conduct a
national assessment of programs under this title, in coordination with
the ongoing Chapter 1 Longitudinal Study under subsection (b) of this
section, that shall be planned, reviewed, and conducted in consultation
with an independent panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
``(2) The assessment shall examine how well schools, local
educational agencies, and States--
``(A) are progressing toward the goal of all children
served under this title reaching the State's content and
performance standards; and
``(B) are accomplishing the specific purposes set out in
section 1001(d) of this title to achieve this goal, including--
``(i) ensuring high standards for all children and
aligning the efforts of States, local educational
agencies, and schools to help children reach them;
``(ii) providing children an enriched and
accelerated educational program through schoolwide
programs or through additional services that increase
the amount and quality of instructional time that
children receive;
``(iii) promoting schoolwide reform and access of
all children to effective instructional strategies and
challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities
for professional development;
``(v) coordinating services under all parts of this
title with each other, with other educational services,
including preschool services, and, to the extent
feasible, with health and social service programs
funded from other sources;
``(vi) affording parents meaningful opportunities
to participate in the education of their children at
home and at school, including the provisions of family
literacy services;
``(vii) distributing resources to areas where needs
are greatest;
``(viii) improving accountability, as well as
teaching and learning, by making assessments under this
title congruent with State assessment systems; and
``(ix) providing greater decisionmaking authority
and flexibility to schools in exchange for greater
responsibility for student performance.
``(3) Where feasible, the Secretary shall use information gathered
from a variety of sources, including the National Assessment of
Educational Progress, State evaluations, and available research studies
in carrying out this subsection.
``(4) The Secretary shall submit a biennial report summarizing the
cumulative findings to date of the assessment to the President and the
appropriate committees of the Congress.
``(b) Studies and Data Collection.--The Secretary may collect such
data, as necessary, at the State, local, and school levels and conduct
studies and evaluations, including national studies and evaluations, to
assess on an ongoing basis the effectiveness of programs under this
title and to report on such effectiveness on a periodic basis.
``(c) National Evaluation of Title I.--The Secretary shall carry
out an ongoing evaluation of the program under part A of this title in
order to provide the public, Congress, and educators involved in such
program, an accurate description of the effectiveness of such program
and provide information that can be used to improve such program's
effectiveness. Such evaluation shall--
``(1) have a longitudinal design tracking cohorts of
students for at least 3 years which, when the cohorts are taken
as a whole, provides a picture of such program's effectiveness
over the elementary and secondary grades;
``(2) be separate and independent from State and local
assessments and evaluations as required under this part;
``(3) utilize the highest available content standards that
are generally accepted as national in scope;
``(4) provide information on all students, students served
under this part, and, if funds are sufficient, information on
students from low-income families and limited English
proficient students; and
``(5) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic status.
The Secretary shall use the information from this evaluation as part of
the national assessment required by subsection (a) and shall report the
data from this evaluation to the Congress and the public at least as
frequently as that assessment.
``(d)(1) In conducting the National Assessment under subsection (a)
and the National Evaluation under subsection (b), the Secretary shall
not assess the progress of students in grade 1, kindergarten, and pre-
kindergarten on the basis of outcome measures such as content and
performance standards;
``(2) any assessments of children in grade 2 shall utilize matrix
sampling and be performance-based; and
``(3) any data collected regarding children in grade 2 shall--
``(A) be collected at multiple points in time;
``(B) not be used to stigmatize, label, or place any child;
and
``(C) be collected in multiple domains.
``(e) Parental Involvement, Study, Report and Dissemination.--(1)
The Secretary, through the Office of Education Research and
Improvement, shall conduct a study to identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) The Secretary shall--
``(A) complete such study by December 31, 1995;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental involvement
and the performance of participating children, to local
educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--(1) From the
funds appropriated for any fiscal year under section 1002(7)(B), the
Secretary may make grants to State educational agencies, local
educational agencies, other public agencies, nonprofit organizations,
public/private partnerships involving business and industry
organizations, and consortia of such bodies to carry out demonstration
projects that show the most promise of enabling children served under
this title to meet challenging State standards. Such projects shall
include promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment for
children to provide them the opportunity to reach high
standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited English proficient children, migratory children and
other highly mobile students, children leaving institutions for
neglected or delinquent children and returning to school, and
homeless children and youth; and
``(E) programs that are built upon partnerships developed
between elementary and middle schools, employers, and the
community which emphasize the integration of high quality
academic and vocational learning, stress excellence and high
expectations for success in core academic subjects, instill
responsibility, decisionmaking, problem solving, interpersonal
skills, and other competencies in students, and make school
relevant to the workplace and the community, through applied
and interactive teaching methodologies, team teaching
strategies, learning opportunities connecting school, the
workplace, and the community, and career exploration,
awareness, and career guidance opportunities.
``(2) The Secretary shall evaluate the demonstration projects
supported under this title, using rigorous methodological designs and
techniques, including control groups and random assignment, to the
extent feasible, to produce reliable evidence of effectiveness.
``(b) Partnerships.--(1) From funds appropriated under section
1002(7)(B) for any fiscal year, the Secretary may, directly or through
grants or contracts, work in partnership with State educational
agencies, local educational agencies, other public agencies, and non-
profit organizations to disseminate and use the highest quality
research and knowledge about effective practices to improve the quality
of teaching and learning in schools supported under this title.
``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION PROJECTS.
``(a) In General.--From not less than $10,000,000 of the amount
appropriated under section 1002(7)(B) the Secretary shall provide
financial assistance to support innovative transition projects in
elementary schools.
``(b) Grants.--(1) From 70 percent of the amount reserved under
subsection (a) to carry out this section, the Secretary shall make
grants to local educational agencies for the purpose of supporting
projects, for children from low-income families who previously attended
Head Start, Even Start, or similar preschool programs, which provide
educational and other services in kindergarten and early elementary
grades.
``(2) The purpose of such projects are to assist such children to--
``(A) make a successful transition from preschool through
the early elementary grades; and
``(B) achieve challenging academic standards.
``(3) A program assisted under this subsection shall--
``(A) provide transition-to-elementary school activities,
such as--
``(i) development of a transition plan for each
child, which provides for support and assistance
through the third grade;
``(ii) transfer of each child's preschool records
to the elementary school (with parental consent);
``(iii) formal meetings between a child's parent,
preschool teacher, and kindergarten or first grade
teacher; and
``(iv) kindergarten visits and other orientation
activities for preschool children prior to enrollment
in elementary school;
``(B) use a model instructional approach for which
financial assistance is provided under subsection (d);
``(C) provide directly or through referral comprehensive
educational, health, nutritional, social, and other services as
will aid in the continued development of eligible children to
their full potential; and
``(D) provide for the direct participation of the parents
of such children in the development, operation, and evaluation
of such program.
``(c) Applications and Grant Priority.--(1) An application for a
grant under subsection (b) shall--
``(A) describe the transition-to-elementary school
activities which the applicant plans to administer;
``(B) describe the model instructional approach the
applicant will use, and the manner in which the applicant will
implement such approach;
``(C) provide evidence that the applicant has made a formal
arrangement to receive technical assistance and training from
the agency, organization, or institution which sponsors such
approach and receives funds under subsection (d);
``(D) describe the manner in which the applicant will
provide comprehensive services to the children to be served;
``(E) describe how the applicant will provide for direct
participation by parents in the planning, operation, and
evaluation of such program;
``(F) describe how such program will be coordinated with
title I, title VII, and other programs authorized under this
Act; and
``(G) provide evidence that--
``(i) the applicant has entered into formal
arrangements with local Head Start, Even Start, and
other preschool programs to ensure that the transition
activities supported by such program are effective; and
``(ii) the transition activities, instruction, and
other services to be provided by the applicant have
been specifically designed to build upon, and
coordinate with, those services provided to eligible
children and their parents in local Head Start, Even
Start and other similar preschool programs.
``(2) In making grants under subsection (b), the Secretary shall--
``(A) give priority to applicants that--
``(i) propose to administer a project in schools
designated as a schoolwide program under section 1114
of this Act; and
``(ii) propose to use an innovative transition and
instructional approach which has been shown to be
effective for the purpose described in paragraph (2) of
subsection (b); and
``(B) provide sufficient funds to enable programs to meet
the purposes of paragraph (1) and the requirements of paragraph
(2).
``(d) Technical Assistance and Training.--From 30 percent of the
amount reserved under subsection (a), the Secretary shall make grants
to public and private nonprofit agencies, institutions, and
organizations to provide--
``(1) technical assistance in the implementation and
expanded use of model transition and instructional approaches;
and
``(2) training in conjunction with the implementation and
operation of such model approaches.
``(e) General Provisions.--
``(1) An application for assistance under this section may
not be approved unless the Secretary is satisfied that the
services to be provided by the applicant will supplement, and
not supplant, services previously provided without Federal
assistance.
``(2) A program which receives assistance under subsection
(b) must demonstrate that such program achieved the purposes
described in paragraph (2) of such subsection in order to be
eligible for a renewal grant.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue such
regulations as are necessary to reasonably ensure that there is
compliance with this title.
``(b) Negotiated Rulemaking Process.--(1) Prior to publishing
proposed regulations in the Federal Register to carry out this title,
the Secretary shall obtain the advice and recommendations of
representatives of Federal, State, and local administrators, parents,
teachers, and members of local boards of education involved with the
implementation and operation of programs under this title.
``(2) Such advice and recommendations may be obtained through such
mechanisms as regional meetings and electronic exchanges of
information.
``(3) After obtaining such advice and recommendations, and prior to
publishing proposed regulations, the Secretary shall--
``(A) establish a negotiated rulemaking process on a
minimum of 4 key issues, including--
``(i) schoolwide projects;
``(ii) standards and assessment;
``(iii) parental involvement; and
``(iv) professional development;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, with representation from all geographic
regions; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary under
subparagraph (A) not less than 45 days prior to the first
meeting under such process.
``(4) Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
the 240-day period required by section 437 of the General
Education Provisions Act;
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of the
Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) In an emergency situation in which regulations to carry out
this title must be issued with a very limited time to assist State and
local educational agencies with the operation of the program, the
Secretary may issue proposed regulations without following such process
but shall, immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such proposed
regulations.
``(c) Special Rule.--Funds made available under section 1002(7) may
not be released by the Secretary for expenditure until such time as
final regulations to carry out part A are published in the Federal
Register.
``(d) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional model, such
as the provision of services outside the regular classroom or school
program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not later
than 6 months after the publication of final regulations under this
title, prepare and distribute to State educational agencies, State
agencies operating programs under parts C and D, and local educational
agencies, and shall make available to parents and other interested
individuals, organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth,
or broadening the scope of activities for programs
under this title;
``(B) applying for program funds under this title;
and
``(C) meeting the program objectives under this
title;
``(2) assist State educational agencies in achieving proper
and efficient administration of programs funded under this
title;
``(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; 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 title, uniformly
interpret, apply, and enforce requirements under this title
throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall, with
respect to programs carried out under this title, contain descriptions,
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 published or
made available. The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, 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; and
``(3) model forms and instructions developed by the
Secretary for use by State and local educational agencies, at
their discretion, including, application forms, application
review checklists, and instruments for monitoring programs
under this title.
``(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 title. In
the case of a request from a local educational agency, such agency is
required to address its request to the State educational agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--(1) Each State that receives funds under this
title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of this
title and provide any such proposed rules, regulations, and
policies to the Committee of Practitioners for their review and
comment;
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are subject;
and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) State rules, regulations, and policies under this title shall
support and facilitate local educational agency and school-level
systemic reform designed to enable all children to meet the State's
standards.
``(b) Committee of Practitioners.--(1) Each State educational
agency shall create a State committee of practitioners to advise the
State in carrying out its responsibilities under this title.
``(2) Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) counselors.
``(3) The duties of the committee shall include a review, prior to
publication, of any proposed or final State rule or regulation pursuant
to this title. In an emergency situation where such rule or 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 prior consultation, but shall
immediately thereafter convene the State committee of practitioners to
review the emergency regulation prior to issuance in final form.
``(c) Payment For State Administration.--Each State may reserve for
the proper and efficient performance of its duties under this title the
greater of--
``(1) one percent of the funds received under section
1002(a) and (c) through (f); or
``(2) $325,000, or $50,000 in the case of Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and
Palau (until the Compact of Free Association takes effect).
``TITLE II--IMPROVING TEACHING AND LEARNING
``PART A--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
``SEC. 2101. FINDINGS.
``The Congress finds that--
``(1) reaching the National Education Goals requires a
comprehensive educational reform strategy that involves
parents, schools, government, communities, and other public and
private organizations at all levels;
``(2) a crucial component of the strategy for achieving
these goals is ensuring, through sustained and intensive high-
quality professional development, and through the development
and adoption of high quality curriculum, that all teachers are
capable of providing challenging learning experiences in the
core academic subjects for their students;
``(3) decisionmaking as to what activities a State or local
educational agency should undertake to improve teaching and
learning are best made by individuals in the schools closest to
the classroom and most knowledgeable about the needs of schools
and students;
``(4) the potential positive impact of high-quality
professional development is underscored by recent research
findings that--
``(A) professional development must be focused on
teaching and learning in order to change the
opportunities of all students to achieve higher
standards; and
``(B) effective professional development focuses on
discipline-based knowledge and subject-specific
pedagogical skills, involves teams of teachers and
administrators in a school and, through professional
networks of teachers and administrators, is interactive
and collaborative, motivates by its intrinsic content
and relationship to practice, builds on experience and
learning-by-doing, and becomes incorporated into the
everyday life of the school;
``(5) engaging teachers in the development of high quality
curricula is a powerful professional development activity that
improves teaching and learning;
``(6) special attention must be given in professional
development activities to ensure that education professionals
are knowledgeable of, and make use of, strategies for serving
populations that historically have lacked access to equal
opportunities for advanced learning and career advancement;
``(7) States and local educational agencies also need to
engage teachers in the development of high quality curricula
that are aligned with State or local content and performance
standards in order to improve teaching and learning and ensure
that students achieve the State standards;
``(8) professional development is often a victim of budget
reductions in fiscally difficult times and curricula
development is almost nonexistent in many State and local
school systems; and
``(9) the Federal Government has a vital role in helping
States and local educational agencies to make sustained and
intensive high-quality professional development in the core
academic subjects become an integral part of the elementary and
secondary education system and in providing assistance to such
agencies to engage teachers in the development of high quality
curricula that are aligned with State or local content and
performance standards.
``SEC. 2102. PURPOSES.
``The purposes of this part are to provide assistance to States and
local educational agencies and to institutions of higher education with
teacher education programs so that such agencies can determine how best
to improve the teaching and learning of all students through--
``(1) helping to ensure that teachers, other staff, and
administrators have access to sustained and intensive high-
quality professional development that is aligned to challenging
State content and performance standards in the care academic
subjects and that--
``(A) is tied to challenging State and local
curriculum content and student performance standards;
``(B) reflects recent research on teaching and
learning;
``(C) incorporates effective strategies,
techniques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and
economically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards;
``(D) includes strong academic content and
pedagogical components;
``(E) is of sufficient intensity and duration to
have a positive and lasting impact on the teacher's
performance in the classroom; and
``(F) is part of the everyday life of the school
and creates an orientation toward continuous
improvement throughout the school; and
``(2) assisting States and local educational agencies to
engage teachers in the development of high quality curriculum
that is aligned with State or local content and performance
standards.
``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION BETWEEN
SUBPARTS.
``(a) Authorization of Appropriations.--For the purpose of carrying
out this part, there are authorized to be appropriated $800,000,000 for
fiscal year 1995 and such sums as may be necessary for fiscal years
1996, 1997, 1998, and 1999.
``(b) Allocation Between Subparts.--Of the funds appropriated to
carry out this part for a fiscal year, the Secretary shall use--
``(1) 5 percent to carry out subpart 1; and
``(2) 95 percent to carry out subpart 2.
``Subpart 1--Federal Activities
``SEC. 2111. PROGRAM AUTHORIZED.
``(a) Program Authorized.--The Secretary is authorized to make
grants to, and enter into contracts and cooperative agreements with,
local educational agencies, State educational agencies, State agencies
for higher education, educational service agencies, institutions of
higher education, and other public and private agencies, other
organizations, and institutions to--
``(1) support activities of national significance that will
contribute to the development and implementation of high-
quality professional development activities in the core
academic subject areas;
``(2) support the development of challenging curriculum
that is aligned with State or local content and performance
standards; and
``(3) evaluate activities carried out under this subpart
and under subpart 2.
``(b) Coordination With Other Agencies.--In carrying out this
program, the Secretary shall consult and coordinate with the National
Science Foundation, the National Endowment for the Humanities, the
National Endowment for the Arts, and other appropriate Federal agencies
and entities.
``SEC. 2112. AUTHORIZED ACTIVITIES.
``(a) The Secretary shall use funds available to carry out this
subpart--
``(1) to provide seed money to eligible entities to develop
their capacity to offer sustained and intensive high-quality
professional development;
``(2) for the development and maintenance of a national
clearinghouse for science, mathematics, and technology
education materials which shall be administered as an adjunct
clearinghouse of the ERIC system of clearinghouses supported by
the Office of Educational Research and Improvement;
``(3) to support consortia of educational agencies and
organizations in disseminating information and providing
assistance regarding curricula, teaching methods, and
assessment tools that support national or State content
standards in mathematics and science; and
``(4) the evaluation of programs under this subpart and
under subpart 2.
``(b) The Secretary may use funds available to carry out this
subpart--
``(1) for the development and maintenance of national
clearinghouses for core academic subjects as the Secretary
determines are needed and which shall be administered as
adjunct clearinghouses of the ERIC system of clearinghouses
supported by the Office of Educational Research and
Improvement;
``(2) to provide grants to entities to develop high quality
curricula that are aligned with voluntary national or State
content standards;
``(3) to sponsor institutes that provide teachers and
administrators with professional development that is based on
strong and integrated disciplinary content and pedagogical
components;
``(4) for efforts to train teachers in the innovative uses
and applications of technology to enhance student learning;
``(5) to encourage the development of local and national
professional networks of educators;
``(6) to disseminate standards in the core academic
subjects, including information on voluntary national content
and performance standards and related models of high-quality
professional development;
``(7) for efforts to train teachers in innovative uses of
applied learning strategies such as service learning;
``(8) to disseminate models of high-quality professional
development activities that train educators in strategies,
techniques, methods, and practices for meeting the educational
needs of historically underserved populations, including
females, minorities, individuals with disabilities, limited-
English proficient individuals, and economically disadvantaged
individuals, in order to ensure that all students have the
opportunity to achieve challenging performance standards;
``(9) to promote the transferability of licensure and
certification of teachers and administrators among State and
local jurisdictions; and
``(10) to support the National Board for Professional
Teaching Standards.
``(c) In carrying out subsection (a), the Secretary shall ensure
that each program, project, and activity contained in such subsection
receives an allocation that is no less than the amount that each such
program, project, or activity received in fiscal year 1994.
``Subpart 2--State and Local Activities
``SEC. 2121. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State educational
agencies for the improvement of teaching and learning through sustained
and intensive high-quality professional development activities in the
core academic subjects at the State and local levels and the
development by teachers and others of high-quality curricula that are
aligned with State or local content and performance standards.
``SEC. 2122. ALLOCATION OF FUNDS.
``(a) Reservation of Funds.--From the amount made available to
carry out this subpart for any fiscal year, the Secretary shall--
``(1) reserve one half of one percent for the outlying
areas, to be distributed among them on the basis of relative
need, as determined by the Secretary in light of the purposes
of this part; and
``(2) reserve one half of one percent for the Secretary of
the Interior for programs under this subpart for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the Bureau of
Indian Affairs.
``(b) State Allotments.--The Secretary shall allocate the remaining
amount to each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico as follows, except that no State shall
receive less than one-half of one percent of such remaining amount:
``(1) 50 percent shall be allocated among such
jurisdictions on the basis of their relative populations of
individuals aged 5 through 17, as determined by the Secretary
on the basis of the most recent satisfactory data.
``(2) 50 percent shall be allocated among such
jurisdictions in accordance with the relative amounts such
jurisdictions received under part A of title I of this Act for
the preceding fiscal year.
``(c) Reallocation.--If any jurisdiction does not apply for its
allotment under subsection (b) for any fiscal year, the Secretary shall
reallocate such amount to the remaining jurisdictions in accordance
with such subsection.
``SEC. 2123. WITHIN-STATE ALLOCATIONS.
``(a) Reservations.--Of the amounts received by a State under this
subpart for a fiscal year--
``(1) not more than 5 percent shall be used for the
administrative costs of programs carried out by the State
educational agency and the State agency for higher education;
``(2) not more than 5 percent may be used for State-level
activities, as described in section 2125; and
``(3) of the remaining amount--
``(A) 87 percent shall be distributed to local
educational agencies, to be used in accordance with
section 2129, as follows:
``(i) 50 percent of such amount shall be
distributed in accordance with the relative
enrollments in public and private nonprofit
schools within their boundaries.
``(ii) 50 percent of such amount shall be
distributed in accordance with the relative
amount such agencies received under part A of
title I of this Act for the preceding fiscal
year; and
``(B) 13 percent shall be used for competitive
grants to institutions of higher education as described
in section 2129.
``(b) Limitation.--
``(1) General rule.--Except as provided in paragraph (2),
any local educational agency that receives an allocation of
less than $10,000 under subsection (a) shall, for the purpose
of providing services under this subpart, form a consortium
with at least 1 other local educational agency or institution
of higher education receiving assistance under this section.
``(2) Waiver.--The State educational agency shall waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation is sufficient to provide a program of sufficient
size, scope, and quality to be effective. In granting waivers
under the preceding sentence, the State educational agency
shall--
``(A) give special consideration to local
educational agencies serving rural areas; and
``(B) consider cash or in-kind contributions
provided from State or local sources that may be
combined with the local educational agency's allocation
for the purpose of providing services under this part.
``SEC. 2124. STATE APPLICATIONS.
``(a) Applications Required.--Each State educational agency that
wishes to receive its allotment under this subpart for any fiscal year
shall submit an application to the Secretary at such time and in such
form as the Secretary may require.
``(b) State Plan To Improve Teaching and Learning--(1) Each
application under this section shall include a State plan that--
``(A) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000: Educate
America Act, and satisfies the requirements of this section
that are not already addressed by that State plan; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this section.
``(2) Each such plan shall also--
``(A) be developed in conjunction with the State agency for
higher education, institutions of higher education, schools of
education, and with the extensive participation of teachers and
administrators and members of the public who are interested in
improving education in the State and show the role of each in
implementation;
``(B) be designed to give teachers and administrators in
the State the knowledge and skills to provide all students the
opportunity to meet challenging State performance standards;
``(C) include an assessment of State and local needs for
professional development and for the development of curricula
that are aligned with State or local content and performance
standards;
``(D) include a description of how the plan has assessed
the needs of local education agencies serving rural areas, and
what actions are planned to meet those needs;
``(E) include a description of how the plan has maintained
funding for professional development activities in mathematics
and science education;
``(F) include a description of how the activities funded
under this subpart will address the needs of teachers in
schools receiving assistance under part A of title I of this
Act;
``(G) a description of how programs in all core academic
subjects, but especially in mathematics and science, will take
into account the need for greater access to, and participation
in, such disciplines by students from historically
underrepresented groups, including females, minorities,
individuals with limited-English proficiency, the economically
disadvantaged, and the disabled, by incorporating pedagogical
strategies and techniques which meet their educational need;
``(H) if the State's needs assessment under subsection (C)
demonstrates a need for professional development, describe how
the State will--
``(i) work with teachers, including teachers in
schools receiving assistance under part A of title I of
this Act, administrators, local educational agencies,
schools, and institutions of higher education to ensure
that they develop the capacity to support sustained and
intensive, high-quality professional development
programs in all the core academic subject areas, but
especially in mathematics and science;
``(ii) take specific steps to review and, if
necessary, reform State requirements for licensure of
teachers and administrators, including certification
and recertification, to align such requirements with
challenging State content and performance standards;
and
``(iii) address the need for improving teaching and
learning through teacher development beginning with
recruitment, pre-service, and induction, and continuing
throughout the professional teaching career; and
``(I) if the State's needs assessment under subparagraph
(C) demonstrates a need for curricula development, describe--
``(i) a strategy for engaging teachers in the
development of curricula that are aligned with State or
local content and performance standards; and
``(ii) how the State will also work with
administrators, parents, school board members, and
other members of the community in developing high
quality curricula that are aligned with State or local
content and performance standards.
``(c) Additional Material.--Each State application shall also
include--
``(1) a description of how the activities funded under this
subpart will be coordinated, as appropriate, with--
``(A) other activities conducted with Federal
funds, especially activities supported under part A of
title I of this Act;
``(B) State and local funds;
``(C) resources from business and industry; and
``(D) funds from other Federal agencies, such as
the National Science Foundation, the Departments of
Commerce, Energy, and Health and Human Services, the
National Endowment for the Arts, and the National
Endowment for the Humanities; and
``(2) a description of the activities to be sponsored under
the State-level activities and the higher education components
of its program under this subpart.
``(d) Peer Review and Secretarial Approval.--(1) The Secretary
shall approve the application of a State educational agency if it meets
the requirements of this section and holds reasonable promise of
achieving the purposes of this part.
``(2) In reviewing applications, the Secretary shall obtain the
advice of non-Federal experts on education in the core academic
subjects and on teacher education, including teachers and
administrators.
``(e) Assurance.--Each State applying for funds under this title
shall provide the Secretary with the assurance that after July 1, 1998,
it will require each local educational agency within the State to
certify that each full time teacher in schools under the jurisdiction
of the agency is certified to teach in the subject area to which he or
she is assigned. Nothing in this subsection shall be construed to
prevent a State from implementing alternative methods of teacher
certification.
``SEC. 2125. STATE-LEVEL ACTIVITIES.
``Each State may use funds reserved under section 2123(a)(2) to
carry out activities referred to in section 2124(b), such as--
``(1) reviewing and reforming State requirements for
teacher and administrator licensure, including certification
and recertification, to align such requirements with the
State's content standards and ensure that teachers and
administrators have the knowledge and skills necessary to help
students meet challenging State performance standards;
``(2) developing performance assessments and peer review
procedures, as well as other methods, for licensing teachers
and administrators;
``(3) providing technical assistance to schools and local
educational agencies especially schools and local educational
agencies that receive assistance under part A of title I of
this Act, to help such schools and agencies provide effective
professional development in the core academic subjects and
develop high quality curricula;
``(4) developing or supporting professional development
networks, either within a State or in a regional consortium of
States, that provide a forum for interaction among teachers and
that allow exchange of information on advances in content
assessment and pedagogy;
``(5) supporting partnerships between schools, consortia of
schools, or local education agencies and institutions of higher
education, including but not limited to schools of education,
which would encourage teachers to participate in intensive,
ongoing professional development programs, both academic and
pedagogical, at institutions of higher education, and to
encourage students at institutions of higher education studying
to become teachers to have direct, practical experience at the
schools;
``(6) enhancing the effective use of educational technology
as an instructional tool for increasing student understanding
of the core academic subject areas including--
``(A) efforts to train teachers in the innovative
uses and application of instructional technology;
``(B) utilizing and strengthening existing
telecommunications infrastructure dedicated to
educational purposes; and
``(C) efforts to train teachers in methods for
achieving gender equity both in access to and teaching
practices used in the application of educational
technology;
``(7) providing incentives for teachers to be involved in
curriculum development and technical assistance processes for
teachers and students;
``(8) professional development enabling teachers and other
school staff to ensure that girls, young women, minorities,
limited English proficient students, individuals with
disabilities, and economically disadvantaged individuals have
the opportunity to achieve challenging State performance
standards in the core academic subjects by, for example,
encouraging girls, young women, and minorities to pursue
advanced courses in mathematics and science;
``(9) designing professional development activities that
increase the numbers of members of minority and other
underrepresented groups in the teaching force in the core
subjects;
``(10) developing high quality curriculum that is aligned
with State or local content and performance standards; and
``(11) providing financial or other incentives for teachers
to become certified by the National Board for Professional
Teaching Standards.
``SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROVING TEACHING AND
LEARNING.
``(a) Local Application.--(1) Each local educational agency that
wishes to receive a subgrant under this subpart shall submit an
application (singly or as a consortia as described in section 2123(b))
to the State educational agency at such time as the State educational
agency shall require, but not less frequently than every 3rd year.
``(2) If the local educational agency has an application approved
by the State under title III of the Goals 2000: Educate America Act,
the application required by this section shall be a component of (or,
if necessary, an addendum to) its Goals 2000 application.
``(3) A local education agency shall set specific performance
indicators for improving teaching and learning through professional
development and curriculum development.
``(4) A local educational agency shall submit, as part of its
application, the results of the needs assessment conducted under
subsection (b), and the local educational agency plan developed in
accordance with subsection (c).
``(b) Needs Assessment.--(1) A local educational agency that wishes
to receive a subgrant under this subpart shall include in its
application an assessment of such agency's need for professional
development, for the development of high quality curricula that are
aligned with State or local content and performance standards.
``(2) Such needs assessment shall be carried out with the
involvement of teachers, including teachers in schools receiving
assistance under part A of title I of this Act, and shall take into
account what activities need to be conducted in order to give teachers
and administrators the means, including the knowledge and skills, to
provide students with the opportunity to meet challenging State or
local performance standards.
``(c) Plan Development.--(1) The plan required under this
subsection shall be developed jointly by the local educational agency
and by teachers from the core academic disciplines.
``(2) Such teachers shall also be representative of the grade spans
within schools to be served and of schools which receive assistance
under part A of title I of this Act.
``(3) Based on the needs assessment required under subsection (b),
the local educational agency's plan shall include the following--
``(A) a description of the local educational agency's
strategy to improve teaching and learning in every school;
``(B) a description of how the plan contributes to the
local educational agency's overall efforts for school reform
and educational improvement;
``(C) a description of the activities the local educational
agency intends to undertake under this subpart consistent with
such agency's needs assessment conducted under subsection (b);
``(D) a description of how the plan has maintained funding
for professional development activities in mathematics and
science education;
``(E) a description of how the activities funded under this
section will address the needs of teachers in schools receiving
assistance under part A of title I of this Act;
``(F) a description of how programs in all core academic
subjects, but especially in mathematics and science, will take
into account the need for greater access to, and participation
in, such disciplines by students from historically
underrepresented groups, including females, minorities,
individuals with limited-English proficiency, the economically
disadvantaged, and the disabled, by incorporating pedagogical
strategies and techniques which meet their educational need;
``(G) an assurance that the activities conducted with funds
received under this program will be assessed at least every 3
years using the performance indicators; and
``(H) a description of how the program funded under this
subpart will be coordinated, as appropriate, with--
``(i) activities conducted under section 2130 and
other services of institutions of higher education;
``(ii) similar State and local activities;
``(iii) resources provided under part A of title I
and other parts of this Act, particularly part B of
title II;
``(iv) resources from business, industry, private
nonprofit organizations (including museums, libraries,
educational television stations, community-based
organizations, professional organizations and
associations specializing in, or with a demonstrated
expertise in the core academic disciplines);
``(v) funds or programming from other Federal
agencies, such as the National Science Foundation, the
Department of Energy, the Department of Health and
Human Services, the National Endowment for the
Humanities, and the National Endowment for the Arts;
and
``(vi) an identification of funding that will
provide the local educational agency's contribution
under section 2127.
``SEC. 2127. LOCAL COST SHARING.
``(a) In General.--Each local educational agency shall bear not
less than 33 percent of the cost of any program carried out under this
subpart, but not including the cost of services provided to private
schoolteachers.
``(b) Available Resources for Cost-Sharing.--A local educational
agency may meet the requirements of subsection (a) through one or more
of the following:
``(1) Cash expenditures from non-Federal sources, including
private contributions, directed toward professional development
and curriculum development activities.
``(2) Release time for teachers participating in
professional development or curricula development funded under
this subpart.
``(3) Funds received under one or more of the following
programs, if used for professional development or curricula
development activities consistent with this subpart and
consistent with the statutes under which such funds are
provided, then such funds must be used for the benefit of
students and teachers in the schools that would otherwise have
been served with such funds:
``(A) Part A of title I of this Act.
``(B) The Safe and Drug Free Schools program under
title IV of this Act.
``(C) The bilingual education program under title
VII of this Act.
``(D) The Women's Educational Equity Program under
title III of this Act.
``(E) Title III of the Goals 2000: Educate America
Act.
``(F) Programs that are related to the purposes of
this Act that are administered by other agencies,
including the National Science Foundation, the National
Endowment for the Humanities, the National Endowment
for the Arts, and the Department of Energy.
``(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of subsection (a)
and waive the requirements of subsection (a) if a local educational
agency can demonstrate that it is unable to meet the requirements of
subsection (a) due to economic hardship and that compliance with such
requirements would preclude its participation in the program.
``SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE ACTIVITIES.
``(a) Local Allocation of Funds.--Each local educational agency
that receives funds under this subpart for any fiscal year--
``(1) shall use not less than 80 percent of such funds
for--
``(A) professional development of teachers,
principals, and other instructional staff who work
directly with children; and
``(B) engaging teachers and other staff in the
development of high quality curricula aligned with
State and local content and performance standards, in a
manner that is determined by such teachers and staff
and is consistent with the provisions of such local
educational agency's application under section 2126,
any school plan under part A of title I of this Act,
and any other plan for professional development or
curricula development carried out with Federal, State,
or local funds; and
``(2) may use not more than 20 percent of such funds for
district-level professional or curricula development
activities, which may include the participation of
administrators and policymakers if such activities directly
support instructional personnel.
``(b) Authorized Activities.--Each local educational agency and
school that receives funds under this subpart shall use such funds for
activities that give teachers and administrators the knowledge and
skills to provide students with the opportunity to meet challenging
State or local content and performance standards. Funds received by
local educational agencies under this subpart only shall be used for
the activities specified under subsections (c) and (d). No less than 80
percent of those funds shall be used for activities under subsection
(c) and not more than 20 percent for activities under subsection (d).
``(c) Professional Development.--If a needs assessment conducted
under section 2126(b) determines that funds under this subpart should
be used to provide professional development in the core academic
subjects for teachers and other school staff, the local educational
agency shall use such funds for professional development for teachers
and other staff to support teaching consistent with State, or local
content standards, and shall, to the extent practicable, coordinate
such activities with institutions of higher education and activities
under section 2129:
``(1) Professional development activities funded under this
subpart shall--
``(A) be tied to challenging State or local content
and student performance standards;
``(B) reflect recent research on teaching and
learning;
``(C) incorporates effective strategies,
techniques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and
economically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards;
``(D) include strong academic content and
pedagogical components;
``(E) be of sufficient intensity and duration to
have a positive and lasting impact on the teacher's
performance in the classroom; and
``(F) be part of the everyday life of the school
and create an orientation toward continuous improvement
throughout the school.
``(2) Funds under this subpart may be used for professional
development activities such as--
``(A) professional development for teams of
teachers, administrators, or other staff from
individual schools, to support teaching consistent with
State or local content standards;
``(B) support and time for teachers and other
school staff to participate in professional development
in the core subjects offered through professional
associations, universities, community-based
organizations, and other providers including museums
and educational partnership organizations;
``(C) activities that provide followup for teachers
who have participated in professional development
activities that are designed to ensure that knowledge
and skills learned by the teacher are implemented in
the classroom;
``(D) support for partnerships between schools,
consortia of schools, or local education agencies and
institutions of higher education, including but not
limited to schools of education, which would encourage
teachers to participate in intensive, ongoing
professional development programs, both academic and
pedagogical, at institutions of higher education, and
to encourage students at institutions of higher
education studying to become teachers to have direct,
practical experience at the schools;
``(E) the establishment and maintenance of local
professional networks that provide a forum for
interaction among teachers and that allow exchange of
information on advances in content and pedagogy;
``(F) activities to prepare teachers in the
effective use of educational technology as an
instructional tool for increasing student understanding
of the core academic subject areas;
``(G) activities to enable teachers to ensure that
girls, young women, minorities, limited-English
proficient students, individuals with disabilities, and
economically disadvantaged individuals the opportunity
to achieve the challenging State performance standards
in the core academic subjects;
``(H) professional development and recruitment
activities designed to increase the number of
minorities, individuals with disabilities, and females
teaching in the core academic subject in which they are
underrepresented;
``(I) the development of incentive strategies for
rewarding schools where a substantial portion of the
teachers achieve certification by the National Board
for Professional Teaching Standards; and
``(J) other sustained and intensive high-quality
professional development activities in the core
academic subjects.
``(d) Curriculum Development.--(1) If the needs assessment of a
local educational agency determines that funds under this subpart
should be used for curriculum development, such agency shall use the
funds provided to develop high quality curricula that is aligned with
State or local content and performance standards.
``(2) Funds may be used to purchase the curriculum materials to the
extent such materials are essential components of the local educational
agency's plan to improve teaching and learning in the core academic
subjects.
``SEC. 2129. HIGHER EDUCATION ACTIVITIES.
``(a) General.--(1) The State agency for higher education, working
in conjunction with the State educational agency (if it is a separate
agency), shall make grants to, or enter into contracts or cooperative
agreements with, institutions of higher education and nonprofit
organizations including museums and educational partnership
organizations, which demonstrate consultation and cooperation with a
local education agency, consortium of local education agencies, or
schools, for--
``(A) professional development activities in the
core academic subject areas that contribute to the
State plan for professional development;
``(B) engaging teachers in the development of high-
quality curricula that are aligned with State or local
content and performance standards;
``(C) developing and providing assistance to local
education agencies, and the teachers and staff of each
such agency, for sustained, high-quality professional
development activities; and
``(D) improving teacher education programs in order
to promote further innovation in teacher education
programs within an institution of higher education and
to better meet the needs of the local education
agencies for well-prepared teachers;
``(2) All such awards shall be made on a competitive basis.
``(3) No institution of higher education may receive assistance
under subsection (a)(1) of this subsection unless the institution
enters into an agreement with a local education agency, or consortium
of such agencies, to provide sustained, high-quality professional
development for the elementary and secondary school teachers in the
schools of each such agency.
``(4) Each project funded under this section shall involve a joint
effort of the recipient's school or department of education and the
schools or departments in the specific disciplines in which assistance
may be provided.
``(b) Allowable Activities.--A recipient of funds under this
section shall use those funds for--
``(1) sustained and intensive high-quality professional
development for teams of teachers, or teachers and
administrators from individual schools or districts;
``(2) other sustained and intensive professional
development activities related to achievement of the State plan
for professional development such as--
``(A) establishment and maintenance of professional
networks of teachers that provide a forum for
interaction among teachers and that allow exchange of
information on advances in content and pedagogy;
``(B) programs that prepare teachers to be
effective users of information technology, able to
integrate technology into their pedagogy and their
instructional practices, and able to enhance their
curricular offerings by appropriate applications of
technology;
``(C) programs that utilize information technology
to deliver sustained and intensive high quality
professional development activities for teachers;
``(D) activities to enable teachers to ensure that
girls, young women, minorities, limited-English
proficient students, individuals with disabilities, and
economically disadvantaged individuals have the
opportunity to achieve the challenging State
performance standards in the core academic subjects;
``(E) professional development and recruitment
activities designed to increase the number of
minorities, individuals with disabilities, and other
underrepresented groups teaching in the core academic
subjects, particularly in mathematics and science;
``(F) establishment of professional development
academies operated as partnerships between one or more
elementary or secondary schools and one or more
institutions of higher education to provide school-
based teacher training that provides prospective,
novice, and experienced teachers with an opportunity to
work under the guidance of master teachers and college
faculty members; and
``(G) technical assistance to local educational
agencies in providing sustained and intensive high
quality professional development activities for
teachers.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING AND ACCOUNTABILITY.
``(a) States.--Each State that receives funds under this part shall
submit a report to the Secretary every 3 years on the State's progress
toward the performance indicator identified in its State plan, as well
as on the effectiveness of State and local activities under this part.
``(b) Local Educational Agencies.--Each local educational agency
that receives funds under this part shall submit a report to the State
every 3 years on its progress toward the outcome performance indicators
in its plan.
``(c) Federal Evaluation.--The Secretary shall report to the
President and Congress on the effectiveness of programs and activities
funded under this part.
``(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used for
construction or renovation of buildings, rooms, or any other
facilities.
``SEC. 2132. DEFINITIONS.
``As used in this part, the following terms have the following
meanings:
``(1) The term `core academic subjects' means those
subjects listed in the State plan under title III of the Goals
2000: Educate America Act or under National Education Goal
Three as set out in section 102(3) of such Act.
``(2) The term `performance indicators' means measures of
specific outcomes that the State or local educational agency
identifies as assessing progress toward the goal of ensuring
that all teachers have the knowledge and skills to assist their
students to meet challenging State standards in the core
academic subject areas. Examples of such indicators include--
``(A) the degree to which licensure requirements
are tied to State standards;
``(B) specific increases in the number of
elementary and secondary teachers with strong content
backgrounds in the core academic subjects;
``(C) incorporates effective strategies,
techniques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited-English proficient individuals, and
economically disadvantaged individuals, in order to
ensure that all students have the opportunity to
achieve challenging performance standards; and
``(D) specific increases in the number of Board
certified teachers licensed in each core subject.
``(3) The term `sustained and intensive high-quality
professional development' means professional development
activities that--
``(A) are tied to challenging State or voluntary
national content and performance standards;
``(B) reflect up-to-date research in teaching and
learning and include integrated content and pedagogical
components;
``(C) incorporates effective strategies,
techniques, methods, and practices for meeting the
educational needs of diverse students, including
females, minorities, individuals with disabilities,
limited English proficient individuals, and
economically disadvantaged individuals, in order to
assure that all students have the opportunity to
achieve challenging performance standards;
``(D) are of sufficient intensity and duration to
have a positive and lasting impact on the teacher's
performance in the classroom or the administrator's
performance on the job; and
``(E) recognize teachers as an important source of
knowledge that should inform and help shape
professional development.
``(4) The term `local standard' means challenging content
and performance standards in the core subjects (in addition to
State content and performance standards approved by the State
for title I).
``PART B--TECHNOLOGY EDUCATION ASSISTANCE
``Subpart 1--Assistance to State and Local Educational Agencies
``SEC. 2201. SHORT TITLE.
``This title may be cited as the `Technology Education Assistance
Act of 1994'.
``SEC. 2202. FINDINGS.
``The Congress finds that--
``(1) technology can produce far greater opportunities for
all students to learn to high standards and promote efficiency
and effectiveness in education;
``(2) the use of technology as a tool in the teaching and
learning process is essential to the development and
maintenance of a technologically literate citizenry and an
internationally competitive workforce;
``(3) the acquisition and use of technology in education
throughout the United States has been inhibited by the absence
of Federal leadership, the inability of many State and local
educational agencies to invest in and support needed
technologies, and the limited availability of appropriate
technology-enhanced curriculum, instruction, teacher training,
and administrative support resources and services in the
educational marketplace;
``(4) educational equalization concerns and school
restructuring needs can be addressed through educational
telecommunications and technology by offering universal access
to high-quality teaching and programs, particularly in urban
and rural areas;
``(5) in the absence of appropriate educational technology
policies, the disparity between rich and poor students will
become even greater in a world where technology and
telecommunications increasingly have become an integral part of
many households;
``(6) the increasing use of new technologies and
telecommunications systems in business and industry has
furthered the gap between schooling and work force preparation;
``(7) telecommunications can be a conduit for ongoing
teacher training and improved professional development by
providing to teachers constant access to updated research in
teaching and learning;
``(8) research consistently shows that the planned use of
technology combined with teachers who are adequately trained in
its use can increase opportunities for more students to develop
higher order thinking and technical skills than is possible
with traditional instruction;
``(9) technology can engage students in learning through
media with which they are comfortable, and prove to be an
effective learning tool, particularly when correlated with
State and national curriculum standards;
``(10) schools need new ways of financing the acquisition
and maintenance of educational technology; and
``(11) the needs for educational technology differ from
State to State.
``SEC. 2203. STATEMENT OF PURPOSE.
``The purpose of this Act is to support a comprehensive system for
the acquisition and use by elementary and secondary schools in the
United States of technology and technology-enhanced curricula,
instruction, and administrative support resources and services to
improve the delivery of educational services, such system shall
include--
``(1) national leadership with respect to the need for, and
the provision of, appropriate technology-enhanced curriculum,
instruction and administrative programs to improve learning in
the United States;
``(2) funding mechanisms which will support the
development, interconnection, implementation, improvement and
maintenance of an effective educational technology
infrastructure;
``(3) information dissemination networks to facilitate
access to information on effective learning programs,
assessment and evaluation of such programs, research findings,
and supporting resources (including instructionally based,
technology-enhanced programs, research and resources) by
educators throughout the United States;
``(4) an extensive variety of opportunities for teacher,
inservice training, and administrative training and technical
assistance with respect to effective uses of technologies in
education;
``(5) utilizing and strengthening, not duplicating,
existing telecommunications infrastructures dedicated to
educational purposes;
``(6) development and evaluation of new and emerging
educational technologies and telecommunications networks;
``(7) assessment data regarding state-of-the-art uses of
technologies in United States education upon which commercial
and noncommercial telecommunications entities, and governments
can rely on for decisionmaking about the need for, and
provision of, appropriate technologies for education in the
United States; and
``(8) authorize grants to States that--
``(A) improve the academic performance of students
through technology;
``(B) strengthen the skills of teachers in
effectively utilizing technology for student learning;
``(C) promote the planned application of technology
in education by those who will use the technology; and
``(D) encourage collaborative relationships between
the State agency for higher education, the State
library administrative agency and the State
telecommunications agency for education and the State
educational agency in the area of technology support to
strengthen the system of education.
``SEC. 2204. DEFINITIONS.
``For purposes of this title--
``(1) the terms `library' and `State library administrative
agency' shall have the same meaning given to such terms in
section 3 of the Library Services and Construction Act (Public
Law 84-579);
``(2) the term `Regional Education Laboratory' shall have
the same meaning given to such term in section 405 of the
Department of Education Organization Act (Public Law 96-88);
``(3) the term `technology' includes closed circuit
television systems, public telecommunications entities, cable
television, satellite, copper and fiber optic transmission,
computer, video and audio laser and CD ROM disc, video and
audio tapes or other technologies;
``(4) the term `credit enhancement' means a financial
arrangement that enhances the credit quality of the issuer or
the financial instrument being used; and
``(5) the term `interoperability' means the ability to
communicate with operating systems developed nationally and
internationally using multiple network media.
``SEC. 2205. IN-STATE APPORTIONMENT.
``(a) Authorizations.--The Secretary is authorized to make grants
to States in accordance with the provisions of this title to strengthen
the skills of educators and improve learning through the use of
technology.
``(b) Elementary, Secondary Education Programs.--(1) For each
fiscal year, an amount equal to 70 percent of each State's allotment
under section 2212(a)(2) shall be used for elementary and secondary
education programs by the State educational agency in accordance with
section 2206.
``(2) Not less than 90 percent of a State's allotment under this
subsection shall be available to local educational agencies including
services to adults and families of which not more than 5 percent of the
funds available to the local educational agency for any fiscal year may
be used for local administration.
``(3) Not more than 10 percent of the amount allocated under
subsection (a) may be used by the State educational agency for
technical assistance and administrative costs of which not less than 50
percent shall be used for technical assistance.
``(c) Higher Education Programs.--(1) For each fiscal year 20
percent of each State's allotment under section 2212(a)(2) shall be
used by the State higher education agency designated in the State plan
for partnership programs between local educational agencies, including
educational services to adults and families and higher education
institutions in accordance with section 2207.
``(2) Not less than 90 percent of the amount available for this
subsection shall be used by the State for grants to institutions of
higher education for partnership programs in accordance with the
provisions of section 2207.
``(3) Not more than 10 percent of the amount allocated to the
State's higher education partnership program under this section, may be
used for the costs incurred for the evaluation of programs assisted
under section 2207; and for administrative costs of the State's higher
education agency designated in the State plan.
``(d) Library and Literacy Programs.--(1) For each fiscal year 10
percent of each State's allocation under section 2212(a)(2) shall be
used by the State library administrative agency to support
collaborative activities among libraries, literacy programs, and local
educational agencies in accordance with section 2208.
``(2) Not less than 90 percent of the amount available for this
section shall be used by the State for grants to local public libraries
and literacy programs in accordance with the provisions of section
2208.
``(3) Not more than 10 percent of the amount available under this
section may be used by the State for the costs incurred for evaluation
of programs assisted under section 2208 and for administrative costs of
the State library administrative agency.
``SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) In General.--The amount apportioned under section 2205(b)
from each State's allotment 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, including educational services for adults and families, shall
use the educational technology funds available under section 2205(b)(2)
for--
``(A) developing, adapting, or expanding existing and new
applications of technology to support the school reform effort;
and
``(B) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative support.
``(2) To be eligible to receive educational technology funds under
this section for school or other school managed alternative learning
environment, a local educational agency must submit an application to
the State educational agency. If the local educational agency has an
application approved by the State under title III of the Goals 2000:
Educate America Act, the application required by this section shall be
a component of (or if necessary an addendum to) its Goals 2000
application. The local educational agency must also receive State
approval of a technology use plan which includes--
``(A) a description of how the local educational agency
plans to use the financial assistance received under section
2205(b)(2) to improve the use of technology in instruction,
professional development and administration;
``(B) a description of how funds under section 2205(b)(2)
will be coordinated with other State, local and Federal
resources;
``(C) a description of how the school programs will use
other resources of the community and involve public agencies,
private industry, institutions of higher education, public and
private nonprofit organizations, and other appropriate
institutions;
``(D) assurances that the programs will be evaluated and
outcomes reported in terms of the level of implementation of
the technology-based resources funded by this title, the impact
on teaching and learning, the changes in the school program,
and the extent to which the school will sustain the project
after funding is terminated;
``(E) a description of how the plan will support State and
local content and performance standards;
``(F) provisions to support, as needed, individual teachers
to develop and implement technology-based intervention
projects, including those which respond to the needs of
students with disabilities;
``(G) a description of how the financial assistance will be
used as appropriate for the expansion and improvement of
professional development of teachers and other appropriate
personnel regarding the use of technology, including the
educational use of computers, videos, and telecommunications to
enhance learning such training and instruction may be carried
out through agreements with public agencies, private industry,
institutions of higher education, regional educational
laboratories and national research centers, nonprofit
organizations, (including museums) libraries, educational
television stations;
``(H) a description of a strategy for the enhanced
involvement of parents through the use of technology; and
``(I) a description of how the plan will address the needs
of students with disabilities.
``(3) A local educational agency for any fiscal year may apply for
financial assistance as part of a consortium with other local
educational agencies, institutions of higher education, intermediate
educational units, libraries, or other appropriate educational entities
to provide local programs. The State educational agency may assist in
the formation of consortia between local educational agencies,
providers of educational services for adults and families, institutions
of higher education, intermediate educational units, libraries, or
other appropriate educational entities to provide services for the
teachers and students in a local educational agency at the request of
such local educational agency.
``SEC. 2207. HIGHER EDUCATION PROGRAMS.
``(a) In General.--The amount apportioned under section 2205(c)
from each State's allotment shall be used by the State for education
programs in accordance with the provisions of this section.
``(b) Grants to Institutions of Higher Education.--(1) The State
agency for higher education, in accordance with the State educational
technology plan filed under section 2209, shall make grants available
on a competitive basis to institutions of higher education in the State
which form partnerships with one or more local educational agencies.
``(2) The amount available under section 2205(c)(2) shall be used
for--
``(A) professional development for new teachers in the use
of technology as an educational tool;
``(B) professional development for elementary, secondary,
adult and family, and vocational school teachers and training
for other appropriate school personnel to improve their ability
to use educational technology in their teaching; and
``(C) programs to improve student performance in academic
and work skill areas through the use of technology.
``(3) No institution of higher education may receive assistance
under paragraph (2)(A), (B), and (C) unless the institution enters into
an agreement with a local educational agency, or consortium of such
agencies, to provide professional development for the elementary and
secondary school teachers in the public and private schools of the
school district of each agency.
``(c) Cooperative Program.--The State higher education agency may
use funds described in section 2205(c)(2) to achieve the objectives of
section 2207 by establishing cooperative programs among institutions of
higher education, private industry, and non-profit organizations, that
include one or more local education agencies, for the development and
dissemination of projects to improve student performance in academic or
work skill areas.
``(d) Reporting.--In accordance with section 2205(c), 5 percent of
the funding available for higher education partnerships may be used by
the agency for higher education for evaluating the programs funded
under this section. Reports on the progress of programs shall be
provided to the State educational agency annually.
``SEC. 2208. LIBRARY AND LITERACY PROGRAMS.
``(a) In General.--Except as provided in paragraph (2), the amount
apportioned under section 2205(d) from each State's allotment under
this section shall be used by the State to assist literacy and
education programs in accordance with the provisions of this section.
``(b) Grants to Local Public Libraries.--(1) In accordance with the
State education technology plan filed under section 2209, the State
library administrative agency shall make grants available on a
competitive basis to local public libraries in the State which
demonstrate involvement of one or more local educational agencies and
literacy programs or organizations in their activities.
``(2) The amount available under section 2205(d)(2) shall be used
for--
``(A) developing programs that help libraries, local
educational agencies, and literacy programs use technology to
share services and resources and develop collaborative
activities that improve their performance and that of the
students in academic and work skill areas; and
``(B) professional development for library, literacy, and
other appropriate personnel to improve their skills in the use
of educational technology and telecommunications.
``(c) Cooperative Program.--The State library administration agency
may use funds described in section 2205(d)(2) to achieve the objectives
of section 2208 by establishing cooperative programs among public
libraries, literacy organizations, private industries, and nonprofit
education organizations, if such programs include one or more local
educational agencies.
``(d) Reporting.--In accordance with section 2205(d), funding
available for library and literacy programs may be used by the library
administrative agency for reporting and evaluating the programs funded
under this section. Reports on the progress of programs shall be
provided to the State educational agency annually.
``SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.
``(a) Application.--(1) Each State educational agency which desires
to receive a grant under this title shall, in consultation with the
State agency for higher education and the State library administrative
agency, file a single educational technology plan with the Secretary of
Education which covers a period of 5 fiscal years. The State
educational agency shall be responsible for funding, supervising, and
coordinating programs described under this title and shall file the
educational technology plan at such time, in such manner, and
containing or accompanied by such financial, educational and
technological information as this section requires or as the Secretary
may reasonably require.
``(2) Such plan shall be--
``(A) integrated with the State's plan either approved or
being developed under the Goals 2000: Educate America Act, and
shall satisfy the requirements of this section that are not
already addressed by that State plan; or
``(B) if the State does not have an approved plan under the
Goals 2000: Educate America Act and is not developing such a
plan, integrated with other State plans under this Act and
satisfy the requirements of this section.
``(b) Contents of the Plan.--Each such plan shall--
``(1) designate the State agency or agencies responsible
for administering the elementary and secondary adult and family
programs under section 2206, and the higher education programs
under section 2207 and designate the State library
administrative agency to administer the library and literacy
programs under section 2208 in support of improved student
learning;
``(2) describe a financial plan developed by the State
educational agency, which shall describe--
``(A) financial assistance mechanisms to best fit
the technology needs of the State. Such mechanisms,
which must be included in the plan, may include, but
not be limited to--
``(i) grants;
``(ii) matching grants;
``(iii) loans;
``(iv) loan guarantees; and
``(v) other credit enhancements.
``(B) describe criteria and approving procedures
for submitting applications for programs described in
sections 2206, 2207, and 2208 for funding assistance
under section 2205 within the State;
``(C) delineate processes for auditing and
monitoring the use of funds by recipients;
``(D) describe priorities for awarding funds under
various funding mechanisms; and
``(E) construe nothing in subsection (b)(2) to
implicitly or explicitly imply that the funds made
available under this subsection, through whatever
mechanism is chosen by the State agency, and
recommended for approval to the Secretary are backed by
the full faith and credit of the Federal Government;
``(3) designate the State education agency or another
single agency to carry out the financial plan developed by the
State education agency and to allocate funds received under
sections 2205 and 2212(a)(2). Such designated agency shall be
responsible for--
``(A) maintaining appropriate records of allocation
of funds, and, in the case of loans, adequate
collection procedures and records;
``(B) reporting annually to the Secretary on the
use of funds received under section 2212(a)(2);
``(4) describe an implementation strategy to coordinate the
expenditure of financial assistance paid under sections 2205
and 2212(a)(2) with other State and local funds, other Federal
funds and resources;
``(5) provide assurances that financial assistance provided
under section 2205 shall supplement, not supplant, State and
local funds;
``(6) describe how business, industry, and other public and
private agencies, including libraries, literacy programs, and
institutions of higher education, can participate in the
implementation, ongoing planning, and support of the plan;
``(7) delineate educational problems and needs in the
State, describe all learning environments supported by the
State plan, and specify how the application of technology will
address those and other needs including but not limited to the
special needs of--
``(A) urban and rural schools;
``(B) students with disabilities; and
``(C) disadvantaged students;
``(8) provide assurances that--
``(A) during the 5-year period of the plan, the
State shall evaluate its standards for teacher
preparation in the use of technology; and
``(B) programs conducted with State funds available
under this title shall be evaluated and an evaluation
report shall be submitted to the Secretary at the close
of the third year of funding;
``(9) describe how the State educational agency will
promote the purchase of equipment by local school districts and
schools that, when placed in operation, will provide the
greatest accessibility and equity for students and meet the
highest level of interoperability and open system design within
the emerging broad-based electronic information highway that
includes schools within the State;
``(10) describe the State's strategy for ensuring that
teachers, administrators and other education personnel have
access to the necessary staff development and technical
assistance to improve teaching and learning, school
administration, and the electronic transfer of, and access to,
information;
``(11) establish a method for continuously gathering and
disseminating current and emerging information on all aspects
of educational technology to all educators within the State;
``(12) describe how the State's planned use of technology
is supportive of the national education goals;
``(13) provide performance indicators and an evaluation
method for the State plan; and
``(14) create a planning process through which such plan is
reviewed and updated periodically.
``(c) Approval of Plans.--(1) The State educational agency shall
submit a plan for approval to the Secretary who shall expeditiously
review such State plan.
``(2) Any State that submits a plan that is not approved shall
receive assistance from the Secretary to improve its plan.
``SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.
``(a) Application.--A local educational agency that desires to
receive financial assistance under section 2205, shall submit to the
State educational agency (singly or in conjunction with other local
educational agencies, institutions of higher education, or an
intermediate educational unit) a plan which covers a 3-year period.
``(b) Contents of the Plan.--A local educational agency plan
shall--
``(1) assure that the programs will be evaluated, and
outcomes reported in terms of --
``(A) the level of implementation of the
technology-based resources funded by this title;
``(B) the impact on teaching and learning; and
``(C) the extent to which the school or other
appropriate learning environments will sustain the
project after funding is terminated;
``(2) be consistent with district level planning for
educational technology, and shall support the local and State's
curriculum frameworks;
``(3) make provision for technical support and professional
development as needed for individual teachers to develop and
implement technology-assisted instruction; and
``(4) provide a strategy for the enhanced involvement of
parents through the use of technology.
``SEC. 2211. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall, with State and
local representatives, develop procedures for State and local
evaluations of the programs under this title.
``(b) Evaluation Summary.--The Secretary shall submit to the
Congress 4 years after the enactment of this bill a summary of the
State evaluations of programs under this subpart.
``SEC. 2212. ALLOCATION OF FUNDS.
``(a) In General.--(1) From the amount appropriated under section
2213 for any fiscal year, the Secretary shall reserve--
``(A) not more than one half of one 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 assistance under this
subpart; and
``(B) one half of 1 percent for programs for Indian
students served by schools funded by the Secretary of the
Interior consistent with the purposes of this subpart;
``(2) The remainder of the amount so appropriated after meeting the
requirements of paragraph (1) shall be allocated among the States (for
purposes of this section, the District of Columbia and Puerto Rico
shall be considered as States) with approved State plans under section
2209 as follows--
``(A) \1/2\ of such remainder shall be allocated among the
States by allocating to each State an amount which bears the
same ratio to such \1/2\ of such remainder as the number of
children aged 5 to 17, inclusive, in the State bears to the
number of such children in all States;
``(B) \1/2\ of such remainder shall be allocated among the
States according to each State's share of allocations under
part A of title I of the Elementary and Secondary Education Act
of 1965, except that no State shall receive less than \1/2\ 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;
``(C) 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; and
``(D) 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.
``(3) The Secretary shall make payments under paragraphs (1)(A) and
(1)(B) on whatever terms the Secretary determines will best carry out
the purposes of title I of this Act.
``(b) Reallotment of Unused Funds.--(1) The amount of any State's
allotment under subsection (a) for any fiscal year which the Secretary
determines will not be required for such fiscal year to carry out part
B of title II shall be available for reallotment from time to time, on
such dates during such year as the Secretary may determine, to other
States in proportion to the original allotments to such States under
subsection (a) for such year, but with such proportionate amount for
any of such other States being reduced to the extent it exceeds the sum
the Secretary estimates such State needs and will be able to use for
such year.
``(2) The total of reductions under paragraph (1) 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 subpart of its allotment under
subsection (a) for such year.
``SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $300,000,000 for this
subpart for 1995 and such sums as may be necessary for each of the
fiscal years 1996 through 1999.
``Subpart 2--Research, Development, and Demonstration of Educational
Technology
``SEC. 2214. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) technology has the potential to assist and support
the improvement of teaching and learning in schools and other
settings;
``(2) technology can provide students, parents, teachers,
and other education professionals with increased access to
information, instruction, and educational services in schools
and other settings, including homes, libraries, preschool and
child-care facilities, and postsecondary institutions;
``(3) technology can produce far greater opportunities for
all students to learn to high standards and to promote
efficiency and effectiveness in education; and
``(4) the rapidly changing nature of technology requires
coordination and flexibility in Federal leadership.
``(b) Purposes.--The purposes of this subpart are to promote
achievement of the National Education Goals and to increase the
opportunity for all students to achieve to challenging State standards
by--
``(1) promoting awareness of the potential of technology
for improving teaching and learning;
``(2) supporting State and local efforts to increase the
effective use of technology for education;
``(3) demonstrating ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet challenging State
education standards;
``(4) ensuring the availability of knowledge drawn from
research and experience that can form the basis for sound State
and local decisions about investment in, and effective uses of,
educational technology;
``(5) promoting high-quality professional development
opportunities for teachers and administrators on the
integration of technology into instruction and administration;
``(6) ensuring that Federal technology-related policies and
programs facilitate the use of technology in education; and
``(7) ensuring that, as technological advances are made,
the educational uses of these advances are considered and their
applications are developed.
``SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.
``There is established in the Department an Office of Educational
Technology, which shall be administered by a Director of Educational
Technology appointed by the Secretary. The Office of Educational
Technology, in consultation with other appropriate agencies, shall
provide leadership to the Nation in the use of technology to promote
achievement of the National Education Goals and to increase
opportunities for all students to achieve to challenging State
standards, and shall perform such additional functions as the Secretary
may require.
``SEC. 2216. NATIONAL LONG-RANGE PLAN.
``(a) In General.--(1) The Secretary shall develop and publish by
September 30, 1995, and update when appropriate, a national long-range
plan to carry out the purposes of this subpart.
``(2) The Secretary shall--
``(A) develop the plan in consultation with other Federal
agencies, State and local education practitioners and policy-
makers, experts in technology and the educational applications
of technology, and providers of technology services and
products;
``(B) transmit the plan to the President and to the
appropriate committees of the Congress; and
``(C) publish the plan in a form that is readily accessible
to the public.
``(b) Contents of the Plan.--The national long-range plan shall
describe the Secretary's activities to promote the purposes of this
subpart, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
to challenging State standards, especially through programs
administered by the Department;
``(2) joint activities with other Federal agencies, such as
the National Endowment for the Humanities, the National
Endowment for the Arts, the National Aeronautics and Space
Administration, the National Science Foundation, and the
Departments of Commerce, Energy, Health and Human Services, and
Labor, to promote the use of technology in education, and
training and lifelong learning, including plans for the
educational uses of a national information infrastructure, and
to ensure that the policies and programs of such agencies
facilitate the use of technology for educational purposes to
the extent feasible;
``(3) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives of
the private sector to facilitate the effective use of
technology in education;
``(4) how the Secretary will promote--
``(A) increased access to the benefits of
technology for teaching and learning for schools with
high concentrations of children from low-income
families;
``(B) the use of technology to assist in the
implementation of State systemic reform strategies;
``(C) the application of technological advances to
use in education; and
``(D) increased opportunities for the professional
development of teachers in the use of new technologies;
``(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations, and agencies, the
feasibility and desirability of establishing guidelines and
protocols to facilitate effective use of technology in
education; and
``(6) the Secretary's long-range measurable goals and
objectives relating to the purposes of this subpart.
``SEC. 2217. FEDERAL LEADERSHIP.
``(a) Program Authorized.--(1) In order to provide Federal
leadership in promoting the use of technology in education, the
Secretary, in consultation with the National Science Foundation, the
Department of Commerce, and other appropriate Federal agencies, may
carry out activities designed to achieve the purposes of this subpart
directly or by awarding grants (pursuant to a peer review process) to,
or entering into contracts with, State educational agencies, local
educational agencies, institutions of higher education, or other public
and private nonprofit or for-profit agencies and organizations.
``(2) For the purpose of carrying out coordinated or joint
activities consistent with the purposes of this subpart, the Secretary
may accept funds from, and transfer funds to, other Federal agencies.
``(b) Uses of Funds.--The Secretary may use funds appropriated
under this subpart for activities designed to carry out the purpose of
this subpart, and to meet the goals and objectives of the national
long-range plan under section 2216, including--
``(1) planning grants to States and local education
agencies, to enable such entities to examine and develop
strategies for the effective use of technology to help achieve
the objectives of the Goals 2000: Educate America Act and the
School-to-Work Opportunities Act of 1993;
``(2) development grants to technical assistance providers,
to enable them to improve substantially the services they offer
to educators on the educational uses of technology, including
professional development;
``(3) consulting with representatives of industry,
elementary and secondary education, higher education, and
appropriate experts in technology and its educational
applications in carrying out activities under this subpart;
``(4) research on, and the development of, guidelines and
protocols to facilitate efficient and effective use of
technology in education;
``(5) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
``(6) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
``(7) the development and evaluation of software and other
products, including television programming, that incorporate
advances in technology and help achieve the National Education
Goals and challenging State standards;
``(8) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel to
use technology effectively to improve teaching and learning;
``(9) the development of model programs to demonstrate the
educational effectiveness of technology in urban and rural
areas and economically-distressed communities;
``(10) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
``(11) conferences on, and dissemination of information
about, the uses of technology in education;
``(12) the development of model strategies to promote
gender equity concerning access to, and the use of, technology
in the classroom; and
``(13) such other activities as the Secretary determines
would meet the purposes of this subpart.
``(c) Non-Federal Share.--(1) Subject to paragraph (2), the
Secretary is authorized to require any recipient of a grant or contract
under this subpart to share in the cost of its project, which share
shall be announced through a notice in the Federal Register and may be
in the form of cash or in-kind contributions, fairly valued.
``(2) The Secretary may increase the non-Federal share required of
such recipient after the first year of the recipient's project, except
that such share may not exceed 50 percent at any time during the
recipient's project.
``SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 1995 through 1999.
``Subpart 3--Star Schools Program
``SEC. 2219. FINDINGS.
``Sec. 3121. The Congress finds that--
``(1) the Star Schools program has helped to encourage the
use of distance learning strategies to serve multi-State
regions primarily by means of satellite and broadcast
television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and
foreign language instruction, that the local educational agency
would not otherwise have been able to provide; and
``(3) distance learning programs could also be used to--
``(A) provide students in all types of schools and
local educational agencies with greater access to high-
quality instruction in the full range of core academic
subjects that would enable them to meet challenging,
internationally competitive, educational standards;
``(B) expand professional development opportunities
for teachers;
``(C) contribute to achievement of the National
Education Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 2220. STATEMENT OF PURPOSE.
``The purpose of this subpart is to encourage the expansion and use
of distance learning programs and technologies to help--
``(1) improve teaching and learning;
``(2) achieve the National Education Goals;
``(3) all students learn to challenging State content
standards; and
``(4) increase participation in State and local educational
reform.
``SEC. 2221. PROGRAM AUTHORIZED.
``(a) Star School Awards.--The Secretary is authorized, in
accordance with this subpart, to make grants to eligible entities for
the Federal share of the cost of providing distance learning programs,
including--
``(1) developing, constructing, and acquiring
telecommunications facilities and equipment;
``(2) developing and acquiring instructional programming;
and
``(3) providing technical assistance regarding the use of
such facilities and instructional programming.
``(b) Authorization of Appropriations.--For the purpose of carrying
out this subpart, there are authorized to be appropriated such sums as
may be necessary for each of the fiscal years 1995 through 1999.
``(c) Limitations.--(1) A grant under this section shall not
exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Not less than 25 percent of the funds available to the
Secretary for any fiscal year under this subpart shall be used for the
cost of instructional programming.
``(3) Not less than 50 percent of the funds available to the
Secretary for any fiscal year under this subpart shall be used for the
cost of facilities, equipment, teacher training or retraining,
technical assistance, or programming, for local educational agencies
that are eligible to receive assistance under part A of title I of this
Act.
``(d) Federal Share.--(1) The Federal share of the cost of projects
funded under this section shall not exceed 75 percent for the first and
second years of the award, 60 percent for the third and fourth years,
and 50 percent for the fifth year.
``(2) The Secretary may reduce or waive the requirement of the non-
Federal share under paragraph (1) upon a showing of financial hardship.
``(e) Authority To Accept Funds From Other Agencies.--The Secretary
is authorized to accept funds from other agencies to carry out the
purposes of this section, including funds for the purchase of
equipment.
``SEC. 2222. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--(1) The Secretary may make a grant under
section 2221 to any eligible entity, provided that at least one local
educational agency is participating in the proposed project.
``(2) An eligible entity may include--
``(A) a 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
interests of elementary and secondary schools that are eligible
to participate in the program under part A of title I of this
Act; or
``(B) any two or more of the following, which will provide
a telecommunications network:
``(i) a local educational agency that has a
significant number of elementary and secondary schools
that are eligible for assistance under part A of title
I of this Act, or elementary and secondary schools
operated or funded for Indian children by the
Department of the Interior eligible under section
1121(b)(1) of this Act;
``(ii) a State educational agency;
``(iii) an institution of higher education or a
State higher education agency;
``(iv) a teacher training center or academy that--
``(I) provides teacher pre-service and in-
service training; and
``(II) receives Federal financial
assistance or has been approved by a State
agency;
``(v)(I) a public or private entity with experience
and expertise in the planning and operation of a
telecommunications network, including entities involved
in telecommunications through satellite, cable,
telephone, or computer; or
``(II) a public broadcasting entity with such
experience; or
``(vi) a public or private elementary or secondary
school.
``SEC. 2223. APPLICATIONS.
``(a) General Requirement.--Each eligible entity that desires to
receive a grant under this subpart shall submit an application to the
Secretary in such form, at such time, and containing such information
and assurances as the Secretary may require.
``(b) Star School Award Applications.--Each application for a grant
authorized under section 2221 shall--
``(1) describe--
``(A) how the proposed project will assist in
achieving the National Education Goals set out in title
I of the Goals 2000: Educate America Act, how it will
assist all students to have an opportunity to learn to
challenging State standards, and how it will assist
State and local educational reform efforts;
``(B) the telecommunications facilities and
equipment and technical assistance for which assistance
is sought, which may include--
``(i) the design, development,
construction, and acquisition of district,
multidistrict, State, or multistate educational
telecommunications networks and technology
resource centers;
``(ii) microwave, fiber optics, cable, and
satellite transmission equipment, or any
combination thereof;
``(iii) reception facilities, satellite
time, production facilities, and other
telecommunications equipment capable of serving
the intended geographic area;
``(iv) the provision of training services
to instructors who will be using the facilities
and equipment for which assistance is sought in
using such facilities and equipment, and in
integrating programs into the class curriculum;
and
``(v) the development of educational and
related programming for use on a
telecommunications network;
``(C) the types of programming that will be
developed to enhance instruction and training,
including an assurance that such programming will be
designed in consultation with professionals who are
experts in the applicable subject matter and grade
level;
``(D) how the eligible entity has engaged in
sufficient survey and analysis of the area to be served
to ensure that the services offered by the eligible
entity will increase the availability of courses of
instruction in English, mathematics, science, foreign
languages, arts, history, geography, or other
disciplines;
``(E) the professional development policies for
teachers and other school personnel to be implemented
to ensure the effective use of the telecommunications
facilities and equipment for which assistance is
sought;
``(F) the manner in which historically underserved
students (such as students from low-income families,
limited English proficient students, disabled students,
or students who have low literacy skills) and their
families will participate in the benefits of the
telecommunications facilities, equipment, technical
assistance, and programming assisted under this
subpart;
``(G) how existing telecommunications equipment,
facilities, and services, where available, will be
used;
``(H) the activities or services for which
assistance is sought, such as--
``(i) providing facilities, equipment,
training services, and technical assistance;
``(ii) making programs accessible to
individuals with disabilities through
mechanisms such as closed captioning and
descriptive video services;
``(iii) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
``(iv) sharing curriculum materials between
networks;
``(v) providing teacher and student support
services;
``(vi) incorporating community resources
such as libraries and museums into
instructional programs;
``(vii) providing professional development
for teachers, including, as appropriate,
training to early childhood development and
Head Start teachers and staff and vocational
education teachers and staff; and
``(viii) providing programs for adults at
times other than the regular school day in
order to maximize the use of telecommunications
facilities and equipment; and
``(I) how the proposed project as a whole will be
financed and how arrangements for future financing will
be developed before the project expires;
``(2) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I of this Act; and
``(3) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this subpart.
``(c) Priorities.--The Secretary shall, in approving applications
for grants authorized under section 2221, give priority to applications
that--
``(1) propose high-quality plans to assist in achieving one
or more of the National Education Goals as set out in title I
of the Goals 2000: Educate America Act, would provide
instruction consistent with State content standards, or would
otherwise provide significant and specific assistance to States
and local educational agencies undertaking systemic education
reform under title III of the Goals 2000: Educate America Act;
and
``(2) would serve schools with significant numbers of
children counted for the purposes of part A of title I of this
Act.
``(d) Geographic Distribution.--In approving applications for
grants authorized under section 2221, the Secretary shall, to the
extent feasible, ensure an equitable geographic distribution of
services.
``SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Set-Aside.--From amounts appropriated under section 2221(b),
the Secretary may reserve up to 10 percent for national leadership,
evaluation, and peer review activities.
``(b) Method of Funding.--The Secretary may fund the activities
described in subsection (a) directly or through grants, contracts, and
cooperative agreements.
``(c) Uses of Funds.--(1) Funds reserved for leadership activities
may be used for--
``(A) disseminating information, including lists and
descriptions of services available from recipients; and
``(B) other activities designed to enhance the quality of
distance learning activities nationwide.
``(2) Funds reserved for evaluation activities shall be used to
conduct independent evaluations of the Star Schools program under this
subpart and of distance learning in general, including--
``(A) analyses of distance learning efforts, including both
Star Schools projects and efforts not funded by the program
under this subpart; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance learning
efforts.
``(3) Funds reserved for peer review activities may be used for
peer review of both proposals and funded projects.
``SEC. 2225. DEFINITIONS.
``For the purpose of this subpart, the following terms have the
following meanings:
``(1) The term `educational institution' means an
institution of higher education, a local educational agency, or
a State educational agency.
``(2) The term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by
means of telecommunications devices.
``(3) The term `public broadcasting entity' has the same
meaning given that term in section 397 of the Communications
Act of 1934.
``Subpart 4--Development of Educational Technology Products
``SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
``(a) Purpose.--It is the purpose of this section to support the
development of curriculum-based learning resources and systems using
state-of-the-art technologies and techniques designed to improve
student learning.
``(b) Federal Assistance Authorized.--
``(1) In general.--The Secretary shall provide assistance,
on a competitive basis, to eligible consortia to enable such
entities to develop, produce, and distribute state-of-the-art
technology-enhanced instructional resources and programming for
use in the classroom or to support professional development for
teachers.
``(2) Grants and loans authorized.--In carrying out the
purposes of this section, the Secretary is authorized to pay
the Federal share of the cost of the development, production,
and distribution of state-of-the-art technology enhanced
instructional resources and programming--
``(A) by awarding grants to, or entering into
contracts or cooperative agreements with eligible
consortia; or
``(B) by awarding loans to eligible consortia
which--
``(i) shall be secured in such manner and
be repaid within such period, not exceeding 20
years, as may be determined by the Secretary;
``(ii) shall bear interest at a rate
determined by the Secretary which shall be not
more than the total of one-quarter of 1 percent
per annum added to the rate of interest paid by
the Secretary on funds obtained from the
Secretary of the Treasury;
``(iii) may be forgiven by the Secretary,
in an amount not to exceed 25 percent of the
total loan, under such terms and conditions as
the Secretary may consider appropriate.
``(3) Federal share.--The Secretary shall require any
recipient of a grant, contract, or loan under this section to
share in the cost of the activities supported with such
assistance.
``(4) Eligible consortium.--For the purpose of this
section, the term `eligible consortium' means a consortium
consisting of--
``(A) State or local educational agencies in
partnership with business, industry, or
telecommunications entity;
``(B) a business, industry, or telecommunications
entity;
``(C) a public or private nonprofit organization;
or
``(D) an institution of higher education.
``(5) Private sector advisory board.--The Secretary shall
establish an advisory board which shall provide advice and
counsel to the Secretary concerning the most effective means of
implementing the provisions of this section. Such board shall--
``(A) include educators, school administrators, and
policymakers knowledgeable about the technology and
curriculum needs of State and local education agencies;
``(B) include representatives of private for-profit
and nonprofit entities engaged in the production and
development of educational software and other
technology-based learning resources;
``(C) make recommendations to the Secretary
concerning the types and terms of Federal financial
assistance which promise to be most effective in
advancing the purposes of this section;
``(D) regularly evaluate the implementation of this
section.
``(6) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to applications
describing programs or systems that--
``(A) promote the acquisition of higher-order
thinking skills and promise to raise the achievement
levels of all students, particularly disadvantaged
students who are not realizing their potential;
``(B) are aligned with challenging content
standards and State and local curriculum frameworks;
``(C) may be adapted and applied nationally at a
reasonable cost;
``(D) covert technology resources developed with
support from the Department of Defense and other
Federal agencies for effective use in the classroom;
``(E) promise to reduce the costs of providing
high-quality instruction;
``(F) promise to expand access to high-quality
instruction in content areas which would otherwise not
be available to students in rural and urban communities
or who attend other educational agencies with limited
financial resources.
``(7) Requirements for federal assistance.--Each eligible
consortium desiring Federal assistance under this section shall
submit an application to the Secretary at such time and in such
manner as the Secretary may prescribe. Each application shall
include--
``(A) a description of how the program or system
shall improve the achievement levels of students;
``(B) a description of how teachers associated with
the program will be trained to integrate technology in
the classroom;
``(C) a description of how the design, development,
piloting, field testing, and distribution of the
program or system will be carried out;
``(D) an assurance that the program or system shall
effectively serve a large number or percentage of
economically disadvantaged students;
``(E) plans for dissemination to a wide audience of
learners; and
``(F) provisions for closed captioning or
descriptive video where appropriate.
``(c) Evaluation.--The Secretary shall provide for the independent
evaluation of programs or systems developed with assistance under this
section and shall regularly collect and disseminate to State and local
educational agencies and to the public information about the usefulness
and effectiveness of such programs or systems.
``(d) Royalties.--Notwithstanding any other provision of law, the
Secretary is authorized to require that a portion of any royalty paid
as a result of assistance provided under this section be deposited in a
central fund for the purposes of--
``(1) recovering all or part of the Federal share of the
costs of developing, producing, and distributing the product
for which such royalty is paid; and
``(2) carrying out the provisions of this section.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $50,000,000
for fiscal year 1995 and such sums as may be necessary for fiscal years
1996, 1997, 1998, and 1999.
``PART C--LIBRARY MEDIA PROGRAM
``SEC. 2231. ESTABLISHMENT OF PROGRAM.
``The Secretary shall award grants from allocations under section
2232 to States for the acquisition of school library media resources
for the use of students, library media specialists, and teachers in
elementary and secondary schools.
``SEC. 2232. ALLOCATION TO STATES.
``From the amount appropriated pursuant to section 2205 in each
fiscal year, the Secretary shall allocate to each State having an
approved plan under section 2233 as follows:
``(1) For appropriations below $50,000,000, at the
discretion of the Secretary, taking into account such factors
as the age and condition of the State's existing library media
collections.
``(2) For appropriations of $50,000,000 and above to each
State an amount which bears the same ratio to such funds as the
amount such State received under section 1122 of title I bears
to the amount all States received under section 1122 in such
year; except that no State shall receive less than one-half of
one percent of such funds.
``SEC. 2233. STATE PLANS.
``(a) In General.--In order for a State to receive an allocation of
funds under section 2232 for any fiscal year, such State shall have in
effect for such fiscal year a State plan. Such plan shall--
``(1) designate the State educational agency as the State
agency responsible for the administration of the program
described in this part;
``(2) set forth a program under which funds paid to the
State from its allocation under section 2202 will be expended
solely for--
``(A) acquisition of school library media
resources, including foreign language resources, for
the use of students, school library media specialists,
and teachers in elementary and secondary schools in the
United States; and
``(B) administration of the State plan, including
development and revision of standards, relating to
school library media resources; except that the amount
used for administration of the State plan in any fiscal
year shall not exceed 5 percent of the amount allocated
to such State under section 2232 for such fiscal year;
and
``(3) set forth the criteria to be used in allotting funds
for school library media resources among the local educational
agencies of the State, which allotment shall take into
consideration the relative need of the students, school media
specialists, and teachers to be served.
``(b) Plan Submission.--The State plan may be submitted as part of
a consolidated application under section 9302.
``SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``From the funds allocated to a State under section 2202 in each
fiscal year, such State shall distribute not less than 99 percent of
such funds in such year to local educational agencies within such State
according to the relative enrollment of students in elementary and
secondary schools within the school districts of such State, adjusted
to provide higher per-pupil allotments to local educational agencies
that have the greatest number or percentages of students whose
education imposes a higher than average cost per child, such as those
students--
``(1) living in areas with high concentrations of low-
income families;
``(2) from low-income families; and
``(3) living in sparsely populated areas.
``SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$200,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``PART D--SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
``SEC. 2341. FINDINGS.
``The Congress finds that--
``(1) high-quality technical assistance can enhance the
improvements in teaching and learning achieved through the
implementation of programs under this Act;
``(2) comprehensive technical assistance and effective
program dissemination are essential ingredients of the overall
strategy of the reauthorization of this Act to improve programs
and to provide all children opportunities to meet challenging
State performance standards;
``(3) States, local educational agencies, tribes, and
schools serving students with special needs, such as students
with limited English proficiency, have great need for
comprehensive technical assistance in order to use funds under
this Act to provide such students with opportunities to learn
to challenging State standards;
``(4) current technical assistance and dissemination
efforts are fragmented and categorical in nature, and thus fail
to address adequately the needs of States and local educational
agencies and tribes for help in integrating into a coherent
strategy for improving teaching and learning the various
programs under this Act with State and local programs and other
education reform efforts;
``(5) too little creative use is made of technology as a
means of providing information and assistance in a cost-
effective way;
``(6) comprehensive technical assistance can help schools
and school systems focus on improving opportunities for all
children to reach challenging State performance standards, as
they implement programs under this Act;
``(7) comprehensive technical assistance would provide
coordinated assistance to help States, local educational
agencies, tribes, participating colleges and universities, and
schools integrate Federal, State, and local education programs
in ways that contribute to improving schools and entire school
systems;
``(8) technical assistance in support of programs under
this Act should be coordinated with the Department's regional
offices, the regional educational laboratories, State Literacy
Resource Centers, vocational resource centers, and other
technical assistance efforts supported by the Department;
``(9) technical assistance providers should prioritize
assistance to local educational agencies and schools; and
``(10) technical assistance should both encourage the
integration of categorical programs and ensure that students
with special needs, such as limited English proficiency
students, are served fully.
``SEC. 2342. PURPOSE.
``The purpose of this part is to create a national technical
assistance and dissemination system to make available to States, local
educational agencies, tribes, schools, and other recipients of funds
under this Act technical assistance in--
``(1) implementing programs authorized by this Act in a
manner that improves teaching and learning for all students;
``(2) coordinating those programs with other Federal,
State, and local education plans and activities, so that all
students are provided opportunities to meet challenging State
performance standards, in particular students at risk of
educational failure; and
``(3) adopting, adapting, and implementing promising and
proven practices for improving teaching and learning.
``SEC. 2343. PROGRAMS AUTHORIZED.
``(a) Comprehensive Assistance Centers.--The Secretary is
authorized to award grants or enter into contracts with public or
private nonprofit entities or consortia to establish a networked system
of 15 centers to provide comprehensive research-based training and
technical assistance to States, local educational agencies, schools,
tribes, community-based organizations, and other recipients of funds
under this Act in their administration and implementation of programs
authorized by this Act. In establishing centers and allocating
resources among the centers, the Secretary shall consider the
geographic distribution of title I students; the geographic and
linguistic distribution of students of limited English proficiency; the
geographic distribution of Indian students; the special needs of
students living in rural areas; and the special needs of States and
territories in geographic isolation.
``(b) State-Based Assistance.--The Secretary is authorized to award
grants or enter into contracts with public and private nonprofit
entities to establish an assistance agency in each State and territory
and in the Bureau of Indian Affairs. This program shall be called the
National Diffusion Network and will assist States, local educational
agencies, and schools in identifying and securing appropriate, high-
quality technical assistance, provide information on and assistance in
adopting effective programs and practices, and work cooperatively with
the Comprehensive Assistance Centers to improve teaching and learning
and raise standards for all students.
``(c) Accountability.--To ensure the quality and effectiveness of
the comprehensive assistance centers supported under this part, the
Secretary shall--
``(1) provide for an external peer review (including
representatives of the populations served under this Act) of
the centers under this part every 2 years;
``(2) develop, in consultation with the Assistant Secretary
for Elementary and Secondary Education, the Director of
Bilingual Education and Minority Languages Affairs, and the
Assistant Secretary for Educational Research and Improvement, a
set of performance indicators, for use during the peer reviews
required by paragraph (1), that assesses whether the work of
the centers assists in improving teaching and learning under
this Act for all children, in particular children at risk of
educational failure;
``(3) require each center to publish, and disseminate
widely throughout its region, an annual report on its services
and accomplishments and how those services and accomplishments
relate to the performance indicators developed under paragraph
(2);
``(4) conduct periodic surveys of users of the centers'
services to determine if users are satisfied with the access to
and quality of such services;
``(5) collect, as part of the Department's reviews of
programs under this Act, information about the availability and
quality of services provided by the centers, and share that
information with the centers;
``(6) take whatever steps are reasonable and necessary to
ensure that each center performs its responsibilities in a
satisfactory manner, which may include termination of an award
under this part (if the Secretary concludes that performance
has been unsatisfactory) and the selection of a new center, as
well as whatever interim arrangements the Secretary determines
are necessary to ensure the satisfactory delivery of services
under this part to the affected region; and
``(7) provide for an independent evaluation of the system
of technical assistance centers authorized by this part and
report the results of that evaluation to Congress prior to the
next reauthorization of this Act.
``(c) Contract Period.--Grants or contracts awarded under this
section shall be awarded for a period of 5 years following the
extension of contracts and grants under section 2206(c).
``SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSISTANCE CENTERS.
``Each comprehensive assistance center established under section
2343(a)--
``(1) shall maintain staff expertise in at least all of the
following areas:
``(A) Instruction, curriculum improvement,
assessment, school reform, and other aspects of title I
of this Act.
``(B) Meeting the needs of children served under
this Act, including children in high-poverty areas,
migratory children, immigrant children, children with
limited English proficiency, neglected or delinquent
children, homeless children and youth, Indian children,
and children with disabilities and where applicable,
Alaskan Native children and Native Hawaiian children.
``(C) Professional development for teachers, other
school staff, and administrators to help students meet
challenging State performance standards.
``(D) Bilingual education, including programs that
emphasize English and native language proficiency and
promote multicultural understanding.
``(E) Safe and drug-free schools.
``(F) Educational applications of technology.
``(G) Parent involvement and participation.
``(H) The reform of schools and school systems.
``(I) Program evaluation.
``(J) Coordination of services.
``(K) School governance and management.
``(L) Partnerships between the public and private
sector, including the formation of partnerships between
schools and businesses.
``(2) shall ensure, where appropriate, staff expertise in
the special needs of students living in rural areas and in the
special needs of local education agencies serving rural areas;
``(3) shall ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with each
other, as well as with other Federal, State, and local programs
and reforms, and reflect the diverse linguistic and cultural
expertise appropriate to the region served;
``(4) shall provide technical assistance using the highest
quality and most cost-effective strategies possible;
``(5) shall coordinate services, work cooperatively, and
regularly share information with the regional education
laboratories, the Eisenhower Regional Math and Science
consortia, research and development centers, and other entities
engaged in research, development, dissemination, and technical
assistance activities which are supported by the Department of
Education as part of a Federal technical assistance system, to
provide a broad range of support services to schools in the
region while minimizing the duplication of such services; and
``(6) shall provide services to States, local educational
agencies, tribes, and schools through or in coordination with
the State Facilitators of the National Diffusion Network as
authorized in section 2343(b) in order to better implement the
purposes of this section and provide the support and assistance
diffusion agents need to carry out their mission effectively.
``SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CENTERS.
``(a) In General.--Each center established under section 2303(a)
shall provide comprehensive, integrated technical assistance services
focused on improving teaching and learning.
``(b) Support and Assistance.--Comprehensive centers shall provide
support and assistance to State educational agencies, tribal divisions
of education, local educational agencies, schools, and other grant
recipients under this Act in--
``(1) the development of plans for integrating programs
under this Act with other Federal programs and with State,
local and tribal reform efforts;
``(2) the development, selection, and use of challenging,
high-quality curricula aligned with high standards and
assessments;
``(3) the identification, adaptation, or development of
instructional strategies and materials which meet the needs of
children receiving assistance under this Act;
``(4) the development of valid, reliable, and
nondiscriminatory systems of assessment which reflect recent
advances in the field of education assessment;
``(5) the development, selection, and implementation of
effective schoolwide projects;
``(6) improving the capacity of educators, school
administrators, counselors, and other school personnel to
assist students to reach challenging standards, especially
those students furthest from such standards, through the
expansion and strengthening of professional development
activities;
``(7) expanding and improving opportunities for parents to
participate in the education of their children at home and at
school;
``(8) creating safe and drug-free environments, especially
in areas experiencing high levels of drug use and violence in
the community and schools;
``(9) the coordination of services and programs to meet the
needs of students so that they can fully participate in the
educational program of the school;
``(10) the evaluation of educational programs;
``(11) educational applications of technology, when
appropriate, in coordination with the regional mathematics and
science education consortia;
``(12) reforming the governance and management of schools;
and
``(13) establishing public/private education partnerships,
including school/business partnerships.
``(c) Additional Duties.--Additional duties include--
``(1) assisting States, local educational agencies, tribal
divisions of education, and schools in replicating and adapting
exemplary and promising educational programs, policies, and
practices through or in coordination with the National
Diffusion Network State Facilitator;
``(2) assisting State educational agencies and local
educational agencies to develop school support teams to work
with schoolwide programs under title I of this Act; and
``(3) assisting State educational agencies, local
educational agencies, and the National Diffusion Network State
Facilitators to increase their capacity to provide high-quality
technical assistance in support of programs under this Act.
``SEC. 2346. MAINTENANCE OF SERVICE.
``(a) Maintenance of Effort.--The Secretary shall ensure that the
comprehensive assistance centers funded under this part provide
technical assistance services that address the needs of bilingual,
migrant, immigrant, and Indian students that are at least comparable to
the level of such technical assistance services provided under programs
administered by the Secretary prior to the date of the enactment of the
Improving America's Schools Act of 1994.
``(b) Minimum Funds.--
``(1) Maintenance of effort.--In awarding grants or
contracts for comprehensive assistance centers, the Secretary
shall ensure that the proportion of funds used to provide
services that address the needs of limited-English-proficient,
immigrant, and migrant students shall be no less than the
proportion of funds expended under grants or contracts expiring
in fiscal year 1995 for categorical technical assistance
centers serving limited-English-proficient and migrant
students.
``(2) Indian students.--In awarding grants or contracts for
comprehensive assistance centers, the Secretary shall ensure
that the proportion of funds used to provide services that
address the need of Indian students through the comprehensive
centers established in section 2343(a) shall be no less than
the proportion of funds expended under grants or contracts
expiring in fiscal year 1995 for technical assistance centers
serving Indian students.
``(c) Application.--Applications for funds under subsection (a)(2)
shall include how centers will--
``(1) provide expertise in the areas listed in section
2344(l);
``(2) work with the National Diffusion Network authorized
in section 2343(b) to conduct outreach to local educational
agencies prioritized in section 2348;
``(3) demonstrate support from States and local educational
agencies and tribes in the area to be served;
``(4) ensure a fair distribution of services to urban and
rural areas;
``(5) utilize technology to provide technical assistance;
and
``(6) provide other information the Secretary may require.
In approving applications to comprehensive centers serving Indian
students, the Secretary shall give priority to applications from
consortia that include Indian educational agencies, organizations, or
institutions.
``(d) Transition.--The Secretary shall, notwithstanding any other
provision of law, use funds appropriated under section 2351 to extend
or continue existing contracts and grants for categorical technical
assistance centers and for National Diffusion Network State Facilitator
and Developer Demonstrators through fiscal year 1995 and take other
necessary steps to ensure a smooth transition of this part.
``SEC. 2347. STATE-BASED ACTIVITIES.
``(a) Purposes.--The Secretary shall establish a State-based
outreach, dissemination, training, and consultation component of the
National Technical Assistance and Dissemination System through the
National Diffusion Network and its State Facilitators.
``(b) In General.--The Department of Education, through the Office
of Educational Research and Improvement shall award grants or enter
into contracts with public or private nonprofit educational
organizations or institutions in each State with demonstrated
experience, expertise, and commitment in the areas of applied education
research and program dissemination to carry out activities described in
subsection (c).
``(c) National Diffusion Network State Facilitator.--National
Diffusion Network State Facilitators shall work in coordination with
the comprehensive assistance centers to assist State educational
agencies, local educational agencies, tribal divisions of education,
and schools to--
``(1) define their technical assistance needs and align
them with school reform, professional development, and
technology plans;
``(2) secure the technical assistance services that can
best fulfill their needs by utilizing Department of Education
technical assistance centers, regional education laboratories,
Eisenhower Regional consortia, State Literacy Resource Centers,
and other technical assistance providers including local
providers of professional development services;
``(3) identify educational technology needs and secure the
necessary technical assistance to address them;
``(4) prepare for on-site, intensive technical assistance
provided by the comprehensive centers, labs, or other service
providers;
``(5) utilize technology, including regional and national
electronic networks, to increase their access to technical
assistance, professional development services, and
dissemination of exemplary practices and materials;
``(6) deliver high-quality professional development
services to their school-based educators; and
``(7) provide organizational development services to
facilitate school-based change.
``(d) Additional Duties.--In addition, National Diffusion Network
State Facilitators shall--
``(1) disseminate information about school reform and
effective and promising practices and help local educational
agencies and schools adapt them to their needs;
``(2) facilitate communications between educators to assist
the sharing of promising practices and to foster school reform
and professional development;
``(3) coordinate their activities with school support teams
and distinguished educators in their State;
``(4) coordinate, work cooperatively with, and regularly
share information with the comprehensive centers, the Regional
Education Laboratories, and other entities engaged in research,
development, dissemination, and technical assistance activities
which are supported by the Department of Education;
``(5) develop and implement an aggressive outreach plan for
reaching the local educational agencies and schools identified
as priorities in section 2308; and
``(6) provide technical, dissemination, and support
assistance to States, local educational agencies, and schools
using the highest quality and most cost-effective methods
available.
``(e) National Diffusion Network Effective Practices.--The
Secretary shall develop a system of validating effective programs and
promising practices for dissemination through the National Diffusion
Network. Such programs may include exemplary programs funded through
any office of the Department of Education, the National Science
Foundation, or other Federal agencies. Such a system should be
coordinated, aligned with, and administered by the Office of
Educational Research and Improvement Office of Reform Assistance and
Dissemination. The Secretary shall give priority to identifying,
validating, and disseminating effective schoolwide projects, programs
addressing the needs of high poverty schools, and programs with the
capacity to offer high-quality, sustained technical assistance. The
Office of Educational Research and Improvement Office of Reform
Assistance and Dissemination shall also administer a grants program to
such validated Effective Practices for the purpose of dissemination and
the provision of technical assistance.
``SEC. 2348. PROGRAM PRIORITIES.
``Both the comprehensive centers and the National Diffusion Network
shall give priority service to schoolwide projects, local educational
agencies, and Bureau of Indian Affairs schools with the highest
percentage or numbers of poor children.
``SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
``The Secretary is also authorized to provide a technology-based
technical assistance service that will--
``(1) support the administration and implementation of
programs authorized by this Act by providing information,
including legal and regulatory information, and technical
guidance and information about best practices; and
``(2) be accessible to all States, local educational
agencies, schools, and others who are recipients of funds under
this Act.
``SEC. 2350. ADMINISTRATION.
``The program authorized by this part shall be jointly administered
by the Assistant Secretary for Elementary and Secondary Education, the
Director of Bilingual Education and Minority Languages Affairs, and the
Assistant Secretary for Educational Research and Improvement.
``SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.
``For the purposes of carrying out this part, there are authorized
to be appropriated $70,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997, 1998, and
1999. Of the funds appropriated under this part, not less than
$25,000,000 shall be made available to support activities of the
National Diffusion Network authorized in section 2343(b).
``PART E--EDUCATION PROGRAM STRATEGIES
``SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of the Education
Consolidation and Improvement 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.
``(b) Statement of Purpose.--It is the purpose of programs under
this part:
``(1) To support local education reform efforts which are
consistent with and support statewide reform efforts under
Goals 2000.
``(2) To support State and local efforts to accomplish the
National Education Goals.
``(3) To provide funding to enable State and local
educational agencies to implement promising educational reform
programs that can be supported by State and local sources of
funding after such programs are demonstrated to be effective.
``(4) To provide a continuing source of innovation,
educational improvement, and support for library services and
instructional materials, including media materials and,
``(5) To meet the special educational needs of at risk and
high cost students.
``(c) State and Local Responsibility.--The basic responsibility for
the administration of funds made available under this part is within
the State educational agencies, but it is the intent of Congress that
the responsibility be carried out with a minimum of paperwork and that
the responsibility for the design and implementation of programs
assisted under this part will be mainly that of local educational
agencies, school superintendents and principals, and classroom teachers
and supporting personnel, because they have the most direct contact
with students and are most likely to be able to design programs to meet
the educational needs of students in their own districts.
``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this part, there
are authorized to be appropriated $435,000,000 for fiscal year 1995 and
such sums in each of the fiscal years 1996 through 1999.
``(b) Duration of Assistance.--During the period beginning October
1, 1994, and ending September 30, 1999, the Secretary shall, in
accordance with the provisions of this part, make payments to State
educational agencies for the purpose of this section.
``Subpart 1--State and Local Programs
``SEC. 2411. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry out this
subpart 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.
``(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 subpart--
``(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. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each year to
carry out this part, the State educational agency shall distribute not
less than 85 percent to local educational agencies within such State
according to the relative enrollments in public and private, nonprofit
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 education imposes a
higher than average cost per child, such as--
``(1) children living in areas with high concentrations of
low-income families,
``(2) children from low-income families, and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--(1) The calculation of relative
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 part, for the fiscal year
preceding the fiscal year in which the determination is made.
Nothing in this subsection shall diminish the responsibility 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 part.
``(2)(A) Relative enrollments under subsection (a) shall be
adjusted, in accordance with criteria approved by the Secretary
under subparagraph (B), to provide higher per pupil allocations
only to local educational agencies which serve the greatest
numbers or percentages of--
``(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 subparagraph (A).
``(c) Payment of Allocations.--
``(1) From the funds paid to it pursuant to section 2402
for a fiscal year, a State educational agency shall distribute
to each eligible local educational agency which has submitted
an application as required in section 2423 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
allocated 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
additional funds to the provision of services to specific
students or categories of students.
``Subpart 2--State Programs
``SEC. 2421. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency may use
funds reserved for State use under this section only for--
``(1) State administration of programs under this section
including--
``(A) supervision of the allocation of funds to
local educational agencies;
``(B) planning, supervision, and processing of
State funds; and
``(C) monitoring and evaluation of programs and
activities under this part; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform activities
which assist local educational agencies to provide targeted
assistance.
``(b) Limitations and Requirements.--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).
``SEC. 2423. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to receive
a grant under this subpart shall submit to the Secretary an application
which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this part;
``(2)(A) provides for an annual submission of data on the
use of funds, the types of services furnished, and the students
served under this section; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this subpart;
``(3) 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 section);
``(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision making processes of
local educational agencies as to the expenditure made pursuant
to an application under section 2433; and
``(5) contain assurances that there is compliance with the
specific requirements of this chapter.
``(b) Period of Application.--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 receiving
less than an average of $5,000 each under this section need not be
audited more frequently than once every 5 years.
``Subpart 3--Local Targeted Assistance Programs
``SEC. 2431. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds allocated for use under this subpart
shall be used by local educational agencies for targeted assistance
described in subsection (b).
``(b) Targeted Assistance.--The targeted assistance programs
referred to in subsection (a) include--
``(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to use
effectively such equipment and software;
``(2) instructional and educational materials, assessments,
and library services and materials (including media materials)
tied to high academic standards and which are part of an
overall education reform program;
``(3) promising education reform projects, including 21st
Century Learning Center school projects in accordance with
subpart 4; and
``(4) computer hardware and software purchased under this
section should be used only for instructional purposes.
``SEC. 2432. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities 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 nonprofit agencies, organizations, and
institutions.
``SEC. 2433. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency or
consortia of local educational agencies may receive an allocation of
funds under this subpart for any year for which an application is
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) sets forth the planned allocation of funds among
targeted assistance programs described in section 2431 of this
part and describes the programs, projects and activities
designed to carry out such targeted assistance which it intends
to support, together with the reasons for selection of such
programs, projects and activities; and
``(2) describes how assistance under this section will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality of
education for students;
``(3) agrees to keep such records, and provide such
information to the State educational agency as may reasonably
be required for fiscal audit and program evaluation, concession
with the responsibilities of the State agency under this part;
and
``(4) provides in the allocation of funds for the
assistance authorized by this part, 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 section
(such as librarians, school counselors, and other pupil
services personnel) 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 to
programs 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 part, a local educational agency
shall have complete discretion in determining how funds under this
subpart shall be divided among the areas of targeted assistance. In
exercising such discretion, a local educational agency shall ensure
that expenditures under this subpart carry out the purposes of this
subpart and are used to meet the educational needs within the schools
of such local educational agency.
``Subpart 4--21st Century Community Learning Centers
``SEC. 2441. FINDINGS.
``The Congress finds that--
``(1) there are influences outside of school which affect
the ability of a child to achieve academically and schools are
in a unique position to identify student and family needs to
coordinate programs;
``(2) access to health and social service programs can
assist children and their families to improve the ability of
the family to take an active role in their child's education;
``(3) coordination of health and social service programs
with education can help the Nation meet the National Education
Goals and ensure better outcomes for children;
``(4) the high technology, global economy of the 21st
century will require lifelong learning to keep America's
workforce competitive and successful;
``(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities; and
``(6) local public schools should provide centers for
lifelong learning and educational opportunities for individuals
of all ages.
``SEC. 2442. FUNDS FOR COMMUNITY LEARNING CENTERS.
``(a) In General.--Local educational agencies may use funds
provided under section 2412 to pay the Federal share of the cost for
enabling schools to serve as centers for the delivery of education and
human services for members of a community.
``(b) Uses of Funds.--Local educational agencies may use funds
provided under section 2412 for projects described under this subpart.
``SEC. 2443. PROGRAMS.
``Local educational agencies that receive funds under this subpart
may develop programs that include--
``(1) literacy education programs;
``(2) senior citizen programs;
``(3) children's day care services;
``(4) integrated education, health, social service,
recreational, or cultural programs;
``(5) summer and weekend school programs in conjunction
with summer recreation programs;
``(6) nutrition programs;
``(7) expanded library service hours to serve community
needs;
``(8) telecommunications and technology education programs
for all ages;
``(9) parenting skills education programs;
``(10) support and training for child day care providers;
``(11) employment counseling, training, and placement;
``(12) services for students who withdraw from school
before graduating high school, regardless of age; and
``(13) services for individuals who are either physically
or mentally challenged.
``SEC. 2444. REQUIREMENTS.
``A local educational agency that uses funds to develop programs
under this subpart shall, at the end of the first year for which funds
are used for this purpose, provide information to the State educational
agency which describes the activities and projects established with
funds under this subpart and includes--
``(1) information on the comprehensive local plan that
enables such school to serve as a center for the delivery of
education and human services for members of a community; and
``(2) information on the initial evaluation of needs,
available resources, and goals and objectives for the proposed
community education program and how such evaluation was used to
determine the program developed to address such needs;
including--
``(A) the mechanism used to disseminate information
in a manner understandable and accessible to the
community;
``(B) identification of Federal, State, and local
programs merged or coordinated so that public resources
could be maximized;
``(C) a description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations;
``(D) a description of how the school will assist
as a delivery center for existing and new services; and
``(E) the establishment of the facility utilization
policy that specifically states rules and regulations
for building and equipment use and supervision
guidelines.
``SEC. 2445. DEFINITION.
``For purposes of this subpart, the term `Community Learning
Center' means the provision of educational, recreational, health, and
social service programs for residents of all ages of a local community
in public school buildings, primarily in rural and inner city areas,
operated by the local educational agency in conjunction with local
governmental agencies, businesses, vocational education programs,
community colleges, universities, cultural, recreational, and other
community and human service entities.
``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under subsection
(d), the Secretary is authorized to support nationally significant
programs and projects to improve the quality of education, assist all
students to meet challenging standards, and contribute to the
achievement of the National Education Goals. The Secretary is
authorized to carry out such programs and projects 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.
``(b) Uses of Funds.--(1) Funds under this section may be used
for--
``(A) activities that will promote systemic educational
reform at the State and local levels, such as--
``(i) research and development related to content
and performance standards and opportunity-to-learn
standards for student learning; and
``(ii) the development and evaluation of model
strategies for assessment of student learning,
professional development for teachers and
administrators, parent and community involvement, and
other aspects of systemic reform;
``(B) demonstrations at the State and local levels that are
designed to yield nationally significant results, including
approaches to public school choice in accordance with the
requirements of part C and school-based decisionmaking;
``(C) joint activities with other agencies to assist the
effort to achieve the National Education Goals, including
activities related to improving the transition from preschool
to school and from school to work, as well as activities
related to the integration of education and health and social
services;
``(D) activities to promote and evaluate counseling and
mentoring for students, including intergenerational mentoring;
``(E) activities to promote comprehensive health education;
``(F) activities to promote environmental education;
``(G) activities to promote consumer, economic, and
personal finance education;
``(H) activities to assist students to demonstrate
competence in foreign languages;
``(I) studies and evaluation of various educational reform
strategies and innovations being pursued by the Federal
Government, States, and local educational agencies;
``(J) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools;
``(K) programs designed to promote gender equity in
education by evaluating and eliminating gender bias in
instruction and educational materials, identifying, and
analyzing gender inequities in educational practices, and
implementing and evaluating educational policies and practices
designed to achieve gender equity;
``(L) experiential-based learning, such as service-
learning; and
``(M) other programs and projects that meet the purposes of
this section.
``(2) The Secretary may also use funds under this section to
complete the project periods for direct grants or contracts awarded
under the provisions of the Elementary and Secondary Education Act of
1965, part B of title III of the Augustus F. Hawkins-Robert T. Stafford
Elementary and Secondary School Improvement Amendments of 1988, or
title III of the Education for Economic Security Act, as these Acts
were in effect on the day before enactment of the Improving America's
Schools Act of 1994.
``(c) Awards.--(1) The Secretary may make awards under this section
on the basis of competitions announced by the Secretary and may also
support meritorious unsolicited proposals.
``(2) The Secretary shall ensure that projects and activities
supported under this section are designed in such a way that their
effectiveness may be readily determined.
``(3) The Secretary shall use a peer review process in reviewing
applications for grants under this section and may use funds
appropriated under subsection (d) for this purpose.
``(d) Authorization.--For the purpose of carrying out this section,
there are authorized to be appropriated $35,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 3301. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 1994'.
``SEC. 3302. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must
develop their talents and realize their potential if the United
States is to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
``(3) too often schools fail to challenge students to do
their best work, and students who are not challenged will not
learn to high standards, fully develop their talents, and
realize their potential;
``(4) 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;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited
English proficiency are at greatest risk of being unrecognized
and of not being provided adequate or appropriate educational
services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized
resources to plan and implement effective programs for the
early identification of gifted and talented students for the
provision of educational services and programs appropriate to
their special needs;
``(7) 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 the Nation's schools are able to meet the special
educational needs of gifted and talented students, and thereby
serve a profound national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can and
should be used as a basis to develop a rich and challenging
curriculum for all students.
``(b) Statement of Purpose.--
``(1) 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
agencies 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 secondary schools to meet the special
educational needs of gifted and talented students. In addition,
the purpose of this part is to encourage the development of
rich and challenging curricula for all students through the
appropriate application and adaptation of materials and
instructional methods developed under this part.
``(2) It is also the purpose of this part to supplement and
make more effective the expenditure of State and local funds,
for the education of gifted and talented students.
``SEC. 3303. DEFINITIONS.
``For purposes of this part, 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 capacity, or in specific academic fields, and
who require services or activities not ordinarily provided by the
school in order to fully develop such capabilities.
``SEC. 3304. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) From the sums appropriated under section 3308 in any
fiscal year the Secretary (after consultation 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 programs 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 students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all students.
``(2) Applications for funds must include a section on how
the proposed gifted and talented services, materials, and
methods could be adapted, if appropriate, for use by all
students and a section on how the proposed programs can be
evaluated.
``(b) Uses of Funds.--Programs and projects assisted under this
section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, summer programs, mentoring programs, service
learning programs, and cooperative programs involving business,
industry, and education;
``(3) training of personnel involved in gifted and talented
programs with respect to the impact of gender role
socialization on the educational needs of gifted and talented
children and in gender equitable education methods, techniques,
and practices;
``(4) 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 programs for the identification and education of
gifted and talented students and the appropriate use of gifted
and talented programs and methods to serve all students;
``(5) programs of technical assistance and information
dissemination which would include how gifted and talented
programs and methods, where appropriate, could be adapted for
use by all students; and
``(6) carrying out--
``(A) research on methods and techniques for
identifying and teaching gifted and talented students,
and for using gifted and talented programs and methods
to serve all students; and
``(B) program evaluations, surveys, and the
collection, analysis, and development of information
needed to accomplish the purposes of this part.
``(c) Establishment of National Center.--
``(1) 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 institutions of higher
education or State educational agencies, or a combination or
consortium of such institutions and agencies, for the purpose
of carrying out activities described in paragraph (5) of
subsection (b).
``(2) 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 to conduct activities pursuant to subsections
(b)(5) or (c).
``(e) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with the Office of Education
Research and Improvement.
``SEC. 3305. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part the
Secretary shall give highest priority--
``(1) to the identification of and services to gifted and
talented students who may not be identified and served through
traditional assessment methods (including economically
disadvantaged individuals, individuals of limited-English
proficiency, and individuals with disabilities; 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 (including business, industry, and labor), to
plan, conduct, and improve programs for the identification of
and service to gifted and talented students, such as mentoring
and apprenticeship programs.
``(b) Service Priority.--In approving applications under section
3304(a) of this part, the Secretary shall assure that in each fiscal
year at least one-half of the applications approved address the
priority in section 3305(a)(1).
``SEC. 3306. GENERAL PROVISIONS.
``(a) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this part, 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 participation
of teachers and other personnel in professional development programs
for serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of projects funded under this part is disseminated to
appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
part, both in terms of the impact on students traditionally
served in separate gifted and talented programs and on other
students, and submit the results of such evaluation to Congress
not later than January 1, 1998.
``SEC. 3307. 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
students administered by the Department;
``(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
programs designed to meet such needs; and
``(4) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
The administrative unit established or designated pursuant to this
section shall be headed by a person of recognized professional
qualifications and experience in the field of the education of gifted
and talented students.
``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999 to carry out the provisions of this
part.
``PART C--PUBLIC CHARTER SCHOOLS
``SEC. 3401. PURPOSE.
``It is the purpose of this part to increase national understanding
of the charter schools model by--
``(1) providing financial assistance for the design and
initial implementation of charter schools; and
``(2) evaluating the effects of those schools on improving
student achievement, including their effects on students,
staff, and parents.
``SEC. 3402. PROGRAM AUTHORIZED.
``(a) General.--The Secretary may make grants to eligible
applicants for the design and initial operation of charter schools.
``(b) Project Periods.--Each such grant shall be for a period of
not more than three years, of which the grantee may use--
``(1) no more than 18 months for planning and program
design; and
``(2) no more than two years for the initial implementation
of the charter school.
``(c) Limitation.--The Secretary shall not make more than one grant
to support a particular charter school.
``SEC. 3403. APPLICATIONS.
``(a) Applications Required.--Any eligible applicant that desires
to receive a grant under this part shall submit an application to the
Secretary at such time and in such manner as the Secretary may require.
``(b) Scope of Application.--Each such application may request
assistance for a single charter school or for a cluster of schools,
which may include a high school and its feeder elementary and middle
schools, within a community.
``(c) Application Contents.--Each such application shall include,
for each charter school for which assistance is sought--
``(1) a description of the educational program to be
implemented by the proposed charter school, including--
``(A) how the program will enable all students to
meet challenging State performance standards;
``(B) the grade levels or ages of children to be
served; and
``(C) the curriculum and instructional practices to
be used;
``(2) a description of how the school will be managed;
``(3) a description of--
``(A) the objectives of the school; and
``(B) the methods by which the school will
determine its progress toward achieving those
objectives;
``(4) a description of the administrative relationship
between the charter school and the local educational agency
that will authorize or approve the school's charter and act as
the grantee under this part;
``(5) a description of how parents and other members of the
community will be involved in the design and implementation of
the charter school;
``(6) a description of how the local educational agency
will provide for continued operation of the school once the
Federal grant has expired, if such agency determines that the
school is successful;
``(7) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local rules,
generally applicable to public schools, that will be waived
for, or otherwise not apply to, the school;
``(8) a description of how the grant funds would be used;
``(9) a description of how grant funds would be used in
conjunction with other Federal programs administered by the
Secretary;
``(10) a description of how students in the community will
be--
``(A) informed about the school; and
``(B) given an equal opportunity to attend the
school;
``(11) an assurance that the applicant will annually
provide the Secretary such information as the Secretary may
require to determine if the charter school is making
satisfactory progress toward achieving the objectives described
under paragraph (3);
``(12) an assurance that the applicant will cooperate with
the Secretary in evaluating the program authorized by this
part; and
``(13) such other information and assurances as the
Secretary may require.
``(d) State Educational Agency Approval Required.--(1) A local
educational agency that desires to receive a grant under this part
shall obtain the State educational agency's approval of its application
before submitting it to the Secretary.
``(2) A State educational agency that approves an application of a
local educational agency shall provide the local educational agency,
and such local agency shall include in its application to the
Secretary, a statement that the State has granted, or will grant, the
waivers and exemptions from State requirements described in such local
agency's application.
``SEC. 3404. SELECTION OF GRANTEES; WAIVERS.
``(a) Criteria.--The Secretary shall select projects to be funded
on the basis of the quality of the applications, taking into
consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State and,
if applicable, the local educational agency to the school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the school;
``(5) the quality of the plan for assessing achievement of
those objectives; and
``(6) the likelihood that the school will meet those
objectives and improve educational results for students.
``(b) Peer Review.--The Secretary shall use a peer review process
to review applications for grants under this section.
``(c) Diversity of Projects.--The Secretary may approve projects in
a manner that ensures, to the extent possible, that they--
``(1) are distributed throughout different areas of the
Nation, including in urban and rural areas; and
``(2) represent a variety of educational approaches.
``(d) Waivers.--The Secretary may waive any statutory or regulatory
requirement that the Secretary is responsible for enforcing, except for
any such requirement relating to the elements of a charter school
described in section 3407(1), if--
``(1) the waiver is requested in an approved application or
by a grantee under this part; and
``(2) the Secretary determines that granting such a waiver
would promote the purpose of this part.
``SEC. 3405. USES OF FUNDS.
``A recipient of a grant under this part may use the grant funds
only for--
``(1) post-award planning and design of the educational
program, which may include--
``(A) refinement of the desired educational results
and of the methods for measuring progress toward
achieving those results; and
``(B) professional development of teachers and
other staff who will work in the charter school; and
``(2) initial implementation of the charter school, which
may include--
``(A) informing the community about the school;
``(B) acquiring necessary equipment;
``(C) acquiring or developing curriculum materials;
and
``(D) other operational costs that cannot be met
from State or local sources.
``SEC. 3406. NATIONAL ACTIVITIES.
``The Secretary may reserve up to 10 percent of the funds
appropriated for this part for any fiscal year for--
``(1) peer review of applications under section 3404(b);
and
``(2) an evaluation of the impact of charter schools on
student achievement, including those assisted under this part.
``SEC. 3407. DEFINITIONS.
``As used in this part, the following terms have the following
meanings:
``(1) The term `charter school' means a school that--
``(A) in accordance with an enabling State statute,
is exempted from significant State or local rules that
inhibit the flexible operation and management of public
schools, but not from any rules relating to the other
requirements of this paragraph;
``(B) is created by a developer as a public school,
or is adapted by a developer from an existing public
school;
``(C) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by the local educational agency
applying for a grant on behalf of the school;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions
policies, employment practices, and all other
operations, and is not affiliated with a sectarian
school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act,
title VI of the Civil Rights Act of 1964, title IX of
the Education Amendments of 1972, section 504 of the
Rehabilitation Act of 1973, and part B of the
Individuals with Disabilities Education Act;
``(H) admits students on the basis of a lottery, if
more students apply for admission than can be
accommodated;
``(I) agrees to comply with the same Federal and
State audit requirements as do other public schools in
the State, unless such requirements are specifically
waived for the purpose of this program;
``(J) meets all applicable Federal, State, and
local health and safety requirements; and
``(K) operates in accordance with State law.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means a local
educational agency, in partnership with a developer with an
application approved under section 3403(d).
``SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $15,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART D--ARTS IN EDUCATION
``Subpart 1--Support for Arts Education
``SEC. 3501. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
``(4) this transformation is best realized in the context
of comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American
students is among the National Education Goals;
``(6) the arts can motivate at-risk students to stay in
school and become active participants in the educational
process; and
``(7) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purpose. The purposes of this part are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
``(c) Eligible Recipients.--In order to carry out the purposes of
this part, the Secretary is authorized to make grants to, or enter into
contracts or cooperative agreements with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education; and
``(4) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this part may be used
for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments
based on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and other
instructional staff;
``(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum Services, the John F. Kennedy Center for the Performing
Arts, and the National Gallery of Art;
``(7) supporting 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;
``(8) supporting model projects and programs in the arts
for individuals with disabilities through arrangements with the
organization, Very Special Arts;
``(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary school
curriculum; and
``(10) other activities that further the purposes of this
part.
``(e) Coordination.--(1) A recipient of funds under this part
shall, to the extent possible, coordinate its project with appropriate
activities of public and private cultural agencies, institutions, and
organizations, including museums, arts education associations,
libraries, and theaters.
``(2) In carrying out this part, the Secretary shall coordinate
with the National Endowment for the Arts, the Institute of Museum
Services, the John F. Kennedy Center for the Performing Arts, and the
National Gallery of Art.
``(f) Authorization of Appropriations.--For the purpose of carrying
out this subpart, there are authorized to be appropriated $11,000,000
for fiscal year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``Subpart 2--Community Arts
``SEC. 3502. SHORT TITLE.
``This subpart may be cited as the ``Community Arts Partnership Act
of 1994''.
``(a) Findings.--Congress finds that--
``(1) with local school budgets cut there are in-adequate
arts programs available for children in schools, especially at
the elementary level;
``(2) the arts promote progress in academic subjects as
shown by research conducted by the National Endowment for the
Arts;
``(3) the arts access multiple human intelligences and
develop higher-order thinking skills;
``(4) the arts generate self-esteem and positive emotional
responses to learning; and
``(5) children who receive instruction in the arts remain
in school longer and are more successful than children who do
not receive such instruction.
``(b) Purpose.--The purpose of this part is to make demonstration
grants to eligible entities to improve the educational performance and
future potential of at-risk children and youth by providing
comprehensive and coordinated educational and cultural services.
``(c) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the
costs of the activities described in subsection (f).
``(2) Special requirements.--The Secretary shall award
grants under this Act only to programs designed to--
``(A) promote educational and cultural services;
``(B) provide multi-year services to at-risk
children and youth;
``(C) serve the target population described in
subsection (e);
``(D) provide integration of community cultural
resources in the regular curriculum;
``(E) focus school and cultural resources in the
community on coordinated cultural services to address
the needs of at-risk children and youth;
``(F) provide effective cultural linkages from
preschool programs, including the Head Start Act and
preschool grants under the Individuals with
Disabilities Education Act, to elementary schools;
``(G) facilitate school-to-work transition from
secondary schools and alternative schools to job
training, higher education, and employment;
``(H) increase parental and community involvement
in the educational, social, and cultural development of
at-risk youth; or
``(I) replicate programs and strategies that
provide high quality coordinated educational and
cultural services and that are designed to integrate
such coordination into the regular curriculum.
``(3) Requirement of Coordination.--Grants may only be
awarded under this part to eligible entities that agree to
coordinate activities carried out under other Federal, State,
and local grants, received by the members of the partnership
for purposes and target populations described in this part,
into an integrated service delivery system located at a school,
cultural, or other community-based site accessible to and
utilized by at-risk youth.
``(4) Duration.--Grants made under this part may be
renewable for a maximum of 5 years if the Secretary determines
that the eligible recipient has made satisfactory progress
toward the achievement of the program objectives described in
application.
``(5) Geographic Distribution.--In awarding grants under
this part, the Secretary shall ensure--
``(A) an equitable geographic distribution; and
``(B) an equitable distribution to both urban and
rural areas with a high proportion of at-risk youth as
defined in subsection (e).
``(d) Eligibility.--
``(1) Services for in-school youth.--For the purpose of
providing a grant under this part to serve in-school children
and youth, the term `eligible entity' means a partnership
between a local education agency that is eligible for funds
under title I of this Act, and at least 1 institution of higher
education or cultural entity located within or accessible to
the geographical boundaries of the local education agency with
a history of providing quality services to the community, and
which may include--
``(A) nonprofit institutions of higher education;
museums; libraries; performing, presenting and
exhibiting arts organizations; literary arts
organizations; local arts organizations; and zoological
and botanical organizations; and
``(B) private for-profit entities with a history of
training children and youth in the arts.
``(2) Services for out-of-school youth.--For purposes of
providing a grant under this part to serve out-of-school youth,
the term `eligible entity' means a partnership between at least
1 entity of the type described in paragraph (A) or (B) of
subsection (1), or a local education agency eligible for funds
under chapter 1 of title I of this Act and at least 1 cultural
entity described in subsection (1).
``(e) Target Population.--In order to receive a grant under this
part, an eligible entity shall serve--
``(1) students enrolled in schools in participating
schoolwide projects assisted under title I of this Act and the
families of such students; or
``(2) out-of-school youth at risk of having limited future
options as a result of teenage pregnancy and parenting,
substance abuse, recent migration, disability, limited English
proficiency, family migration, illiteracy, being the child of a
teen parent, living in a single parent household, or being a
high school dropout; or
``(3) any combination of in school and out-of-school at-
risk youth.
``(f) Authorized Activities.--
``(1) In general.--Funds made under this part may be used--
``(A) to plan, develop, acquire, expand, and
improve school-based or community-based coordinated
educational and cultural programs to strengthen the
educational performance and future potential of in-
school and out-of-school at-risk youth through
cooperative agreements, contracts for services, or
administrative coordination;
``(B) to provide at-risk students with integrated
cultural activities designed to develop a love of
learning to ensure the smooth transition of preschool
children to elementary school;
``(C) to design collaborative cultural activities
for students in secondary or alternative schools that
ensure the smooth transition to job training, higher
education, or full employment;
``(D) to provide child care for children of at-risk
students who would not otherwise be able to participate
in the program;
``(E) to provide transportation necessary for
participation in the program;
``(F) to work with existing school personnel to
develop curriculum materials and programs in the arts;
``(G) to work with existing school personnel on
staff development activities that encourage the
integration of the arts into the curriculum;
``(H) for stipends that allow local artists to work
with at-risk children and youth in the schools;
``(I) for cultural programs that encourage the
active participation of parents in their children's
education;
``(J) for programs that use the art reform current
school practices, including lengthening the school day
or academic year;
``(K) for appropriate equipment and necessary
supplies; and
``(L) for evaluation, administration, and
supervision.
``(2) Priority.--In providing assistance under this part,
the Secretary shall give priority to eligible entities that
provide comprehensive services that extend beyond traditional
school or service hour, that may include year round programs
that provide services in the evenings and on weekends.
``(3) Planning grants.--
``(A) Application.--An eligible entity may submit
an application to the Secretary for a planning grant
for an amount not to exceed $50,000. Such grants shall
be for periods of not more than 1 year.
``(B) Limit on planning grants.--Not more than 10
percent of the amounts appropriated in each fiscal year
under this part shall be used for grants under this
subsection, and an eligible entity may receive not more
than 1 such planning grant.
``(g) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant
under this part 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
subsection (a) shall--
``(A) describe the cultural entity or entities that
will participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of
the program;
``(E) describe, for a local educational agency
participant, how services will be perpetuated beyond
the length of the grant;
``(F) describe the manner in which the eligible
entity will improve the educational achievement or
future potential of at-risk youth through more
effective coordination of cultural services in the
community;
``(G) describe the overall and operational goals of
the program; and
``(H) describe the nature and location of all
planned sites where services will be delivered and a
description of services which will be provided at each
site.
``(h) Payments--Federal Share.--
``(1) Payments.--The Secretary shall pay to each eligible
entity having an application approved under subsection (g) the
Federal share of the cost of the activities described in the
application.
``(2) Amounts of grants.--The amount of a grant made under
this part may not be less than $100,000 or exceed $500,000 in
the first year of such grant.
``(3) Federal share.--The Federal share shall be 80
percent.
``(4) Non-federal share.--The non-Federal share shall be
equal to 20 percent and may be in cash or in kind, fairly
evaluated, including facilities or services.
``(5) Limitation.--Not more than 25 percent of any grant
under this part may be used for noninstructional services such
as those described in paragraphs D, E, and L of subsection (f).
``(6) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this part, in amounts that exceed
the amounts expended for such activities in the year preceding
the year for which the grant is awarded.
``(7) Dissemination of models.--The Secretary shall
disseminate information concerning successful models under this
part through the National Diffusion Network.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subpart, $75,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with Reading Is Fundamental (hereinafter in this section
referred to as `the contractor') to support and promote programs, which
include the distribution of inexpensive books to students, that
motivate children to read.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which each
subcontractor will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivation programs
that include the distribution of books, by gift, to the extent
feasible, or by loan, to children up through high school age,
including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children with
special needs, such as--
``(A) low-income children, particularly in high-
poverty areas;
``(B) children at risk of school failure;
``(C) children with disabilities, including
children with serious emotional disturbance;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children;
and
``(I) children whose parents are institutionalized
or incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under 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 distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of `Federal Share'.--For the purpose of this
section, the term `Federal share' means the portion of the cost to a
subcontractor of purchasing books to be paid with funds made available
under this section. The Federal share shall be established by the
Secretary, and shall not exceed 75 percent, except that the Federal
share for programs serving children of migrant or seasonal farmworkers
shall be 100 percent.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,300,000
for fiscal year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``PART F--CIVIC EDUCATION
``SEC. 3701. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOCRACY IN
THE UNITED STATES.
``(a) General Authority.--
``(1) Program established.--(A) The Secretary shall carry
out a program to enhance the attainment of Goals Three and Six
of the National Education Goals by educating students about the
history and principles of the Constitution of the United
States, including the Bill of Rights, and to foster civic
competence and responsibility.
``(B) Such program shall be known as `We the People . . .
The Citizen and the Constitution'.
``(2) Educational activities.--The program required by
paragraph (1) shall--
``(A) continue and expand the educational
activities of the We the People . . . The Citizen and
the Constitution program administered by the Center for
Civic Education; and
``(B) enhance student attainment of challenging
content standards in civics and government.
``(3) Contract or grant authorized.--The Secretary is
authorized to enter into a contract or grant with the Center
for Civic Education to carry out the program required by
paragraph (1).
``(b) Program Content.--The education program authorized by this
section shall provide--
``(1) a course of instruction on the basic principles of
our constitutional democracy and the history of the
Constitution and the Bill of Rights;
``(2) school and community simulated congressional hearings
following the course of study at the request of participating
schools; and
``(3) an annual national competition of simulated
congressional hearings for secondary students who wish to
participate in such program.
``(c) Program Participants.--The education program authorized by
this section shall be made available to public and private elementary
and secondary schools in the 435 congressional districts, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the District of Columbia.
``(d) Special Rule.--Funds provided under this section may be used
for the advanced training of teachers in civics and government after
the provisions of subsection (b) have been implemented.
``SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
``(a) Program Established.--The Secretary shall carry out a program
of grants and contracts to assist State and local educational agencies
and other public and private nonprofit agencies, organizations and
institutions to enhance--
``(1) attainment by students of challenging content
standards in civics, government, and the law; and
``(2) attainment by the Nation of Goals Three and Six of
the National Education Goals.
``(b) Authorized Activities.--Assistance under this section may
support new and ongoing programs in elementary and secondary schools
that provide for--
``(1) the development and implementation of curricular
programs that enhance student understanding of--
``(A) the values and principles which underlie, and
the institutions and processes which comprise, our
system of government;
``(B) the role of law in our constitutional
democracy, including activities to promote--
``(i) legal literacy; and
``(ii) a dedication by students to the use
of non-violent means of conflict resolution
such as arbitration, mediation, negotiation,
trials, and appellate hearings; and
``(C) the rights and responsibilities of
citizenship;
``(2) professional development for teachers, including pre-
service and in-service training;
``(3) outside-the-classroom learning experiences for
students, including community service activities;
``(4) the active participation of community leaders, from
the public and private sectors, in the schools; and
``(5) the provision of technical assistance to State and
local educational agencies and other institutions and
organizations working to further the progress of the Nation in
attaining the Goals Three and Six of the National Education
Goals in civics and government.
``(c) Applications, Peer Review and Priority.--
``(1) Submission of applications.--A State or local
educational agency, other public or private nonprofit agency,
organization or institution that 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.
``(2) Peer review.--(A) The Secretary shall convene a panel
of individuals for purpose of reviewing and rating applications
submitted under paragraph (1).
``(B) Such individuals shall have experience with education
programs in civics, government, and the law.
``(3) Priority.--In making grants or awarding contracts
under this section, the Secretary shall give priority
consideration to applications which propose the operation of
statewide programs.
``(d) Duration of Grants and Exception.--
``(1) Duration.--Except as provided in paragraph (2), the
Secretary shall make grants and enter into contracts under this
section for periods of 2 or 3 years.
``(2) Exception.--The Secretary may make a grant or enter
into a contract under this section for a period of less than 2
years if the Secretary determines that special circumstances
exist which warrant a one year grant or contract award.
``SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIATIONS.
``(a) Report.--The Secretary shall report, on a biennial basis, to
the Committee on Education and Labor of the House of Representatives
and to the Committee on Labor and Human Resources of the Senate related
to the distribution and use of funds authorized under this part.
``(b) Authorization of Appropriations.--
``(1) General.--To carry out this part, there are
authorized to be appropriated $15,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
``(2) Allocation.--From the amount appropriated under
subsection (a), the Secretary shall allocate--
``(A) 40 percent of such amount to carry out
section 3701; and
``(B) 60 percent of such amount to carry out
section 3702.
``PART G--NATIVE HAWAIIAN EDUCATION
``SEC. 3801. SHORT TITLE.
``This part may be cited as the `Native Hawaiian Education Act'.
``SEC. 3802. FINDINGS.
``The Congress finds that:
``(1) Native Hawaiians comprise a distinct and unique
indigenous people with a historical continuity to the original
inhabitants of the Hawaiian archipelago whose society was
organized as a Nation prior to the arrival of the first non-
indigenous people in 1778.
``(2) The Native Hawaiian people are entitled to preserve,
develop and transmit to future generations their ancestral
territory, and their cultural identity in accordance with their
own spiritual and traditional beliefs, customs, practices,
languages, and social institutions.
``(3) The constitution and statutes of the State of Hawaii:
``(A) acknowledge the distinct land rights of the
Native Hawaiian people as beneficiaries of the public
lands trust; and
``(B) reaffirm and protect the unique right of the
Native Hawaiian people to practice and perpetuate their
cultural and religious customs, beliefs, practices, and
language.
``(4) At the time of the arrival of the first non-
indigenous people in Hawaii in 1778, the Native Hawaiian people
lived in a highly organized, self-sufficient, subsistence
social system based on communal land tenure with a
sophisticated language, culture, and religion.
``(5) A unified monarchial government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the first
King of Hawaii.
``(6) Throughout the 19th century and until 1893, the
United States: (a) recognized the independence of the Hawaiian
Nation; (b) extended full and complete diplomatic recognition
to the Hawaiian government; and (c) entered into treaties and
conventions with the Hawaiian monarchs to govern commerce and
navigation in 1826, 1842, 1849, 1875 and 1887.
``(7) In the year 1893, the United States Minister assigned
to the sovereign and independent Kingdom of Hawaii, John L.
Stevens, conspired with a small group of non-Hawaiian residents
of the Kingdom, including citizens of the United States, to
overthrow the indigenous and lawful Government of Hawaii.
``(8) In pursuance of that conspiracy, the United States
Minister and the naval representative of the United States
caused armed naval forces of the United States to invade the
sovereign Hawaiian Nation in support of the overthrow of the
indigenous and lawful Government of Hawaii and the United
States Minister thereupon extended diplomatic recognition of a
provisional government formed by the conspirators without the
consent of the native people of Hawaii or the lawful Government
of Hawaii in violation of treaties between the two nations and
of international law.
``(9) In a message to Congress on December 18, 1893, then
President Grover Cleveland reported fully and accurately on
these illegal actions, and acknowledged that by these acts,
described by the President as acts of war, the government of a
peaceful and friendly people was overthrown, and the President
concluded that a `substantial wrong has thus been done which a
due regard for our national character as well as the rights of
the injured people require that we should endeavor to repair.'
``(10) Queen Lili'uokalani, the lawful monarch of Hawaii,
and the Hawaiian Patriotic League, representing the aboriginal
citizens of Hawaii, promptly petitioned the United States for
redress of these wrongs and for restoration of the indigenous
government of the Hawaiian nation, but this petition was not
acted upon.
``(11) In 1898, the United States annexed Hawaii through
the Newlands Resolution, without the consent of or compensation
to the indigenous people of Hawaii or their sovereign
government, who were denied their land, ocean resources, and
the mechanism for expression of their inherent sovereignty
through self-government and self-determination.
``(12) Through the Newlands Resolution and the 1900 Organic
Act, the United States Congress received 1.75 million acres of
lands formerly owned by the Crown and Government of the
Hawaiian Kingdom and exempted the lands from then existing
public land laws of the United States by mandating that the
revenue and proceeds from these lands be `used solely for the
benefit of the inhabitants of the Hawaiian Islands for
education and other public purposes,' thereby establishing a
special trust relationship between the United States and the
indigenous native inhabitants of Hawaii.
``(13) Congress enacted the Hawaiian Homes Commission Act
of 1920 designating 200,000 acres of the ceded public lands for
exclusive homesteading by Native Hawaiians, affirming the trust
relationship between the United States and the Native
Hawaiians, as expressed by then Secretary of the Interior
Franklin K. Lane, who was cited in the Committee Report of the
United States House of Representatives Committee on Territories
as stating: `One thing that impressed me . . . was the fact
that the natives of these islands who are our wards, I should
say, and for whom in a sense we are trustees, are falling off
rapidly in numbers and many of them are in poverty.'
``(14) In 1938, the United States Congress again
acknowledged the unique status of the Hawaiian people by
including in the Act of June 20, 1938 (52 Stat. 781 et seq.), a
provision to lease lands within the National Parks extension to
Native Hawaiians and to permit fishing in the area `only by
native Hawaiian residents of said area or of adjacent villages
and by visitors under their guidance.'
``(15) Under the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union' Approved March
18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawaii but reaffirmed the trust
relationship which existed between the United States and the
Hawaiian people by retaining the exclusive power to enforce the
trust, including the power to approve land exchanges and
legislative amendments affecting the rights of beneficiaries
under such Act.
``(16) Under the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union', approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for administration over portions of the ceded
public lands trust not retained by the United States to the
State of Hawaii but reaffirmed the trust responsibility which
existed between the United States and the Hawaiian people by
retaining the legal responsibility to enforce the
administration of the public trust responsibility of the State
of Hawaii for the betterment of the conditions of Native
Hawaiians under section 5(f) of the Act entitled `An Act to
provide for the admission of the State of Hawaii into the
Union.'
``(17) The authority of the Congress under the United
States Constitution to legislate in matters affecting the
aboriginal or indigenous peoples of the United States includes
the authority to legislate in matters affecting the native
peoples of Alaska and Hawaii.
``(18) In furtherance to the trust responsibility for the
betterment of the conditions of native Hawaiians, the United
States has established educational programs to benefit Native
Hawaiians and has acknowledged that special educational efforts
are required recognizing the unique cultural and historical
circumstances of Native Hawaiians.
``(19) This historical and legal relationship has been
consistently recognized and affirmed by the Congress through
the enactment of Federal laws which extend to the Hawaiian
people the same rights and privileges accorded to American
Indian, Alaska Native, Eskimo, and Aleut communities, including
the Native American Programs Act of 1974; the Native American
Programs Act of 1992, as amended; the National Historic Act
Amendments of 1992; the American Indian Religious Freedom Act;
the Native American Graves Protection and Repatriation Act.
``(20) The United States has also recognized and reaffirmed
the trust relationship to the Hawaiian people through
legislation which authorizes the provision of services to
Native Hawaiians, specifically, the Older Americans Act of
1965, the Developmental Disabilities Assistance and Bill of
Rights Act Amendments of 1987, the Veterans' Benefits and
Services Act of 1988, the Rehabilitation Act of 1973, the
Native Hawaiian Health Care Act of 1988, the Health Professions
Reauthorization Act of 1988, the Nursing Shortage Reduction and
Education Extension Act of 1988, the Handicapped Programs
Technical Amendments Act of 1988, the Indian Health Care
Amendments of 1988, and the Disadvantaged Minority Health
Improvements Act of 1990.
``(21) Despite the success of the programs established
under the Native Hawaiian Education Act of 1988, the education
needs of Native Hawaiians continue to be severe:
``(A) Native Hawaiian students continue to score
below national norms on standardized education
achievement tests;
``(B) Both public and private schools continue to
show a pattern of low percentages of Native Hawaiian
students in the uppermost achievement levels and in
gifted and talented programs;
``(C) Native Hawaiian students continue to be
overrepresented among those qualifying for special
education programs provided to learning disabled,
educable mentally retarded, handicapped, and other such
students;
``(D) Native Hawaiians continue to be
disproportionately represented in many negative social
and physical statistics, indicative of special
educational needs--
``(i) lower educational attainment among
Native Hawaiians has been found to relate to
lower socioeconomic outcomes;
``(ii) Native Hawaiian students continue to
be disproportionately underrepresented in
Institutions of Higher Education;
``(iii) Native Hawaiians continue to be
underrepresented in traditional white collar
professions, health care professions, and the
newly emerging technology based professions and
are overrepresented in service occupations;
``(iv) Native Hawaiian children continue to
be disproportionately victimized by child abuse
and neglect, a signal of family stress; and
``(v) there are and will continue to be
geographically rural, isolated areas with a
high Native Hawaiian population density.
``(22) Special efforts in education recognizing the unique
cultural and historical circumstances of Native Hawaiians are
required.
``SEC. 3803. PURPOSE.
``It is the purpose of this part to--
``(1) authorize and develop supplemental educational
programs to assist Native Hawaiians in reaching the National
Education Goals,
``(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including those made available by the 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
the title.
``(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
Education Programs.
``SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.
``(a) Establishment.--In order to better effectuate the purposes of
this part through assistance in the coordination of services and
programs provided for under this part, the Secretary shall establish a
Native Hawaiian Education Council.
``(b) Composition.--Such Council shall consist of, but not be
limited to:
``(1) representatives of each of the programs which receive
Federal funding under this part;
``(2) a representative from the Office of the Governor;
``(3) a representative from the Office of Hawaiian Affairs;
``(4) representatives of other Native Hawaiian Educational
organizations and Native Hawaiian organizations which receive
Federal or state education funds; and
``(5) parent, student, educator and community
organizations.
``(c) Conditions and Terms.--All members of the Council shall be
residents of the State of Hawaii, and at least half of the members
shall be Native Hawaiian. Members of the Council shall be appointed for
five year terms.
``(d) Duties and Responsibilities.--(1) The Council shall provide
direction and guidance to appropriate Federal, State, and local
agencies to focus resources, including those made available by this
title on Native Hawaiian Education.
``(2) The Council is authorized to make available to Congress any
information, advice, and recommendations that the Council is authorized
to give to the Secretary.
``(3) The Secretary shall, whenever practicable, consult with the
Council before taking any significant action related to the education
of Native Hawaiians. Any advice or recommendation made by the Council
to the Secretary shall reflect the independent judgment of the Council
on the matter concerned.
``(e) Administrative Provisions.--The Council shall meet at the
call of the Chair, or upon the request of the majority of the Council,
but in any event not less than twice during each calendar year. All
matters relating to, or proceedings of, the Council need not comply
with the Federal Advisory Committee Act.
``(f) Compensation.--A member of the Native Hawaiian Council shall
not receive any compensation for service on the Council.
``(g) Annual Report.--The Council shall present to the Secretary an
annual report on its activities.
``(h) Report to Congress.--Not later than 4 years after the date of
the enactment of the Improving America's Schools Act, the Secretary
shall prepare and submit to the Senate Committee on Indian Affairs and
the House Committee on Education and Labor, a report which summarizes
the annual reports of the Native Hawaiian Council, describes the
allocation and utilization of monies under this part, and contains
recommendations for changes in Federal, State, and local policy to
advance the purposes of this part.
``SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION PROJECT.
``(a) Native Hawaiian Language Immersion Authority.--In order to
continue the state-wide effort at revitalizing the Native Hawaiian
Language through the Punana Leo Project and the State of Hawaii's
immersion project, the Secretary shall make direct grants to--
``(1) Aha Punana Leo for the continued maintenance of the
Punana Leo Project, a family-based Hawaiian Immersion pre-
school program;
``(2) the State of Hawaii for education support services
for the State of Hawaii's Hawaiian Immersion Program; and to
``(3) the State of Hawaii to establish a center for Native
Hawaiian curriculum development and teacher training.
``(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.--There is authorized to be
appropriated $1,500,000 for fiscal year 1995 and such sums as may be
necessary for fiscal years 1996 through 1999. Such funds shall remain
available until expended.
``SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.
``(a) General Authority.--The Secretary shall make direct grants to
Native Hawaiian Organizations (including Native Hawaiian Educational
Organizations) to develop and operate a minimum of eleven Family-Based
Education Centers throughout the Hawaiian Islands. Such centers shall
include--
``(1) Parent-Infant programs (prenatal through age 3);
``(2) Preschool programs for four and five year-olds;
``(3) continued research and development; and
``(4) long term followup and assessment program.
``(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 the centers described in subsection (a), there is
authorized to be appropriated $6,000,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996 through 1999. Such funds
shall remain available until expended.
``SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEMONSTRATION PROGRAM.
``(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 demonstration program under this
program 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 section;
``(3) college preparation and guidance counseling at the
secondary school level for students who may be eligible for
fellowship assistance pursuant to subsection (a)(1) of this
section;
``(4) appropriate research and evaluation of the activities
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
Kamehameha Schools/Bernice Pauahi Bishop Estate for a demonstration
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 professions 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 section; and
``(3) appropriate research and evaluation of the activities
authorized by this section.
``(c) Special Condition Required.--For the purpose of subsection
(b) fellowship conditions shall be established whereby recipients
obtain an enforceable contract obligation to provide their professional
services, either during their fellowship or upon completion of post-
bachelor degree program, to the Native Hawaiian community within the
State of Hawaii.
``(d) Special Rule.--No policy shall be made in implementing this
Section to prevent a Native Hawaiian student enrolled at an accredited
two or four year degree granting institution of higher education
outside of the State of Hawaii from receiving a fellowship pursuant to
Paragraphs (a) and (b) of this Section.
``(e) 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.
``(f) Authorization of Appropriations.--
``(1) There are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999 for the purpose of funding the
fellowship assistance demonstration project under subsection
(a).
``(2) There are authorized to be appropriated $1,500,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999 for the purpose of funding the
fellowship assistance demonstration project provided under
subsection (b).
``(3) Funds appropriated under the authority of this
subsection shall remain available until expended.
``SEC. 3808. 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 education 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
students, and
``(B) the provision of those support services to
their families that are needed to enable these students
to benefit from the projects;
``(2) the conduct of educational, psychosocial, and
developmental 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
educational 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 demonstration projects conducted under
this section; and
``(5) appropriate research, evaluation, and related
activities pertaining to--
``(A) the needs of such children, and
``(B) the provision of those support services to
their families 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 American
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 funds
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 $2,000,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996 through 1999. Such funds
shall remain available until expended.
``SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.
``(a) Special Education Authority.--The Secretary shall make grants
to, and enter into contracts with, Pihana Na Mamo, 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
educational services;
``(2) the identification of special education needs of such
children, particularly at the elementary school level, with
attention to--
``(A) the emotional and psychosocial needs of these
students, and
``(B) the provision of those support services to
their families that are needed to enable such children
to benefit from the projects.
``(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) Matching Funds.--(1) The Secretary may not make a grant or
provide funds pursuant to a contract under this subsection--
``(A) in an amount exceeding 83.3 percent of the costs of
providing health services under the grant or contract; and
``(B) unless Pihana Na Mamo agrees that the State of
Hawaii, the Office of Hawaiian Affairs, or any other non-
Federal entity will make available, directly or through
donations to the Native Hawaiian Special Education Project,
non-Federal contributions toward such costs in an amount equal
to not less than $1 (in cash or in kind under paragraph (2))
for each $5 of Federal funds provided in such grant or
contract.
``(2) Non-Federal contributions required in paragraph (1) may be in
cash or in kind, fairly evaluated, including plant, equipment, or
services. Amounts provided by the Federal Government or services
assisted or subsidized to any significant extent by the Federal
Government may not be included in determining the amount of non-Federal
contributions.
``(d) Authorization of Appropriations.--In addition to any other
amount authorized for such project, there is authorized to be
appropriated $2,000,000 for fiscal year 1995 and such sums as may be
necessary for fiscal years 1996 through 1999. Such funds shall remain
available until expended.
``SEC. 3810. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this part,
nor any contract be entered into under this part, 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.
``SEC. 3811. DEFINITIONS.
``For the purposes of this part--
``(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 community 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 Native Hawaiians in substantive and
policy-making positions within the organizations,
``(C) has a demonstrated expertise in the education
of Native Hawaiian youth, and
``(D) has demonstrated expertise in research and
program development.
``(4) The term `Native Hawaiian Organization' means a
private nonprofit organization that--
``(A) serves the interests of Native Hawaiians, and
``(B) has Native Hawaiians in substantive and
policy-making positions within the organizations,
``(C) is recognized by the Governor of Hawaii for
the purpose of planning, conducting, or administering
programs (or portions of programs) for the benefit of
Native Hawaiians.
``(5) The term `elementary school' has the same meaning
given that term under section 9101 of this Act.
``(6) The term `local educational agency' has the same
meaning given that term under section 9101 of this Act.
``(7) The term `secondary school' has the same meaning
given that term under section 9101 of this Act.
``PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 3901. FINDINGS.
``The Congress makes the following findings:
``(1) It is a worthwhile goal to ensure that all students
in America are prepared for responsible citizenship and that
all students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued improvement
of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people. 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 educators. Therefore, it is a fitting
and appropriate tribute to Senator Ellender to provide
fellowships in his name to students of limited economic means,
the teachers who work with them and older Americans so that
they may participate in the programs supported by the Close Up
Foundation.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 3911. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this title 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 programs of increasing understanding of
the Federal Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this title shall be used only for
financial assistance to economically disadvantaged students who
participate in the program described in subsection (a) of this section.
Financial assistance received pursuant to this title by such students
shall be known as Allen J. Ellender fellowships.
``SEC. 3912. APPLICATIONS.
``(a) Application Required.--No grant under this title may be made
except upon an application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students 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
educational needs, including physically challenged students,
visually- and hearing-impaired students, ethnic minority
students, and gifted and talented students; and
``(3) the proper disbursement of the funds of the United
States received under this title.
``Subpart 2--Program for Middle and Secondary School Teachers
``SEC. 3915. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this title 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 programs of teaching skills enhancement
for middle and secondary school teachers.
``(b) Use of Funds.--Grants under this title shall be used only for
financial assistance to teachers who participate in the program
described in subsection (a) of this section. Financial assistance
received pursuant to this title by such individuals shall be known as
Allen J. Ellender fellowships.
``SEC. 3916. 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.
``(b) Contents of Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made only to teachers who
have worked with at least one student from his or her school
who participates in the programs described in section 101(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section 101(a)
may receive a fellowship in any fiscal year;
``(3) the proper disbursement of the funds of the United
States received under this title.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 3921. ESTABLISHMENT.
``(a) General Authority.--(1) The Secretary is authorized to make
grants in accordance with the provisions of this title 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 programs of increasing understanding of
the Federal Government among economically disadvantaged older
Americans, recent immigrants and students of migrant parents.
``(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 Americans,
recent immigrants and students of migrant parents who participate in
the program described in subsection (a) of this section. Financial
assistance received pursuant to this subpart by such individuals shall
be known as Allen J. Ellender fellowships.
``SEC. 3922. APPLICATIONS.
``(a) Application 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 Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents;
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town areas, as
well as from urban areas, and that in awarding fellowships,
special consideration will be given to the participation of
older Americans, recent immigrants and students of migrant
parents with special needs, including physically challenged
individuals, visually- and hearing-impaired individuals, ethnic
minorities, and gifted and talented students;
``(3) that activities permitted by section 301(a) are fully
described; and
``(4) the proper disbursement of the funds of the United
States received under this title.
``Subpart 4--General Provisions
``SEC. 3925. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made in
installments, in advance, or by way of reimbursement, with necessary
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.
``SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.
``(a) There are authorized to be appropriated to carry out the
provisions of subparts 1, 2, and 3 of this part $4,400,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Of the funds appropriated pursuant to subsection (a), not
more than 30 percent may be used for teachers associated with students
participating in the programs described in section 3911(a).
``PART I--TERRITORIAL EDUCATION IMPROVEMENT PROGRAM
``SEC. 3931. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) the attainment of a high quality education is
important to a society and to each individual;
``(2) it is the policy of the United States that all
citizens have a fair opportunity to receive a high quality
education;
``(3) such opportunity should extend to United States
citizens and nationals residing in the outlying areas;
``(4) reports show that the outlying areas have repeatedly
placed last in national education tests which measure knowledge
in core subject areas;
``(5) all students must realize their potential if the
United States is to prosper; and
``(6) students in the outlying areas require additional
assistance if they are to obtain the high standards established
for all students in the United States.
``(b) Purposes.--The purpose of this part is to authorize an
education improvement program for the United States Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands, and Palau which
will assist in developing programs which will enhance student learning,
increase the standard of education, and improve the performance levels
of all students.
``SEC. 3932. GRANT AUTHORIZATION.
``The Secretary is authorized to make grants to the Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands and Palau, until the
effective date of the Compact of Free Association with the Government
of Palau, to fund innovative education improvement programs which will
increase student learning.
``SEC. 3933. RESTRICTIONS.
``(a) Construction.--No funds from a grant under section 3922 may
be used for construction.
``(b) Full Use.--If funds authorized under section 3922 are not
fully committed within the period of the grant, the grant for the next
period shall be reduced by the amount of funds not fully committed.
``SEC. 3934. AUTHORIZATION.
``There are authorized to be appropriated for grants under section
3922 $5,000,000 for each of the fiscal years 1994 through 1999.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free Schools and
Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``The Congress finds as follows:
``(1) National Education Goal Six provides that by the year
2000, all schools in America will be free of drugs and violence
and offer a disciplined environment that is conducive to
learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and increasingly
by students in elementary schools as well, constitutes a grave
threat to their physical and mental well-being, and
significantly impedes the learning process. For example, data
show that students who drink tend to receive lower grades and
are more likely to miss school because of illness than students
who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately three million
thefts and violent crimes occur in or near our Nation's schools
every year, the equivalent of more than 16,000 incidents per
school day. Approximately one of every five high school
students now carries a firearm, knife, or club on a regular
basis.
``(4) The tragic consequences of violence and the illegal
use of alcohol and drugs by students are felt not only by
students and their families, but by their communities and the
Nation, which can ill afford to lose their skills, talents, and
vitality.
``(5) While use of illegal drugs is a serious problem among
a minority of teenagers, alcohol use is far more widespread.
The proportion of high school students using alcohol, though
lower than a decade ago, remains unacceptably high. By the 8th
grade, 70 percent of youth report having tried alcohol and by
the 12th grade, about 88 percent have used alcohol. Alcohol use
by young people can and does have adverse consequences for
users, their families, communities, schools, and colleges.
``(6) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school safety
and to reduce the demand for and use of drugs throughout the
Nation. Schools and local organizations in communities
throughout the Nation have a special responsibility to work
together to combat the growing epidemic of violence and illegal
drug use and should measure the success of their programs
against clearly defined goals and objectives.
``(7) Students must take greater responsibility for their
own well-being, health, and safety if schools and communities
are to achieve their goals of providing a safe, disciplined,
and drug-free learning environment.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs to meet Goal Six
of the National Educational Goals by preventing violence in and around
schools and by strengthening programs that prevent the illegal use of
alcohol and drugs, involve parents, and are coordinated with related
Federal, State, and community efforts and resources, through the
provision of Federal assistance to--
``(1) States for grants to local and intermediate
educational agencies and consortia to establish, operate, and
improve local programs of school drug and violence prevention,
early intervention, rehabilitation referral, and education in
elementary and secondary schools (including intermediate and
junior high schools);
``(2) States for grants to local and intermediate
educational agencies and consortia for grants to, and contracts
with, community-based organizations and other public and
private non-profit agencies and organizations for programs of
drug and violence prevention, early intervention,
rehabilitation referral, and education;
``(3) States for development, training, technical
assistance, and coordination activities;
``(4) public and private non-profit organizations to
conduct training, demonstrations, and evaluation, and to
provide supplementary services for the prevention of drug use
and violence among students and youth; and
``(5) institutions of higher education for the development
and implementation of model programs and strategies to promote
the safety of students attending institutions of higher
education by preventing violent behavior and the illegal use of
alcohol and drugs by such students.
``SEC. 4004. FUNDING.
``(a) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) for State grants under part A, $630,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
fiscal years 1996 through 1999; and
``(2) for national programs under part B, $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each of
fiscal years 1996 through 1999.
``(b) Availability.--(1) Appropriations for any fiscal year for
payments 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 basis 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.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``SEC. 4101. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount appropriated for each fiscal
year under section 5004(a)(1), the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this part to Guam, American Samoa, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau), to be allotted in accordance
with their respective needs;
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this part
for Indian youth;
``(3) shall reserve 0.2 percent for programs for Native
Hawaiians under section 5202; and
``(4) may reserve no more than $1,000,000 for the national
impact evaluation required by section 5106(a).
``(b) State Allotments.--(1) Except as provided under paragraph
(2), the Secretary shall, for each fiscal year, allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of all
the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under section 1124 and
1124A of this Act for the preceding year (or, for fiscal year
1995 only, sections 1005 and 1006 of this Act as in effect on
the day before enactment of the Safe and Drug-Free Schools and
Communities Act Amendments of 1994) and the sum of such amounts
received by all the States.
``(2) For any fiscal year, no State shall be allotted under this
subsection an amount that is less than one-half of 1 percent of the
total amount allotted to all the States under this subsection.
``(3) The Secretary may reallot any amount of any allotment to a
State if the Secretary determines that the State will be unable to use
such amount within two years of such allotment. Such reallotments shall
be made on the same basis as allotments made under paragraph (1).
``(4) For the purpose of this subsection, the term `State' means
each of the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico.
``SEC. 4102. STATE APPLICATIONS.
``(a) In General.--In order to receive its allotment under section
5101 for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) designates the State educational agency as the State
agency responsible for the administration and supervision of
programs assisted with its allotment under section 5101;
``(2)(A)(i) is integrated into the State's plan, either
approved or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by that plan; and
``(ii) is submitted, if necessary, as an amendment to the
State's plan under title III of the Goals 2000: Educate America
Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this section;
``(3) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be based
on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(4) has been developed in consultation with the chief
executive officer, the head of the State alcohol and drug abuse
agency, the heads of the State health and mental health
agencies, the head of the State child welfare agency, and the
heads of the State criminal and juvenile justice planning
agencies;
``(5) contains a description of the procedures the State
educational agency will use to review applications from local
educational agencies under section 5104;
``(6) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national impact
evaluation of programs required by section 5106(a); and
``(7) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's application under
this section shall also contain a comprehensive plan for the use of
funds under section 5103(a) by the State educational agency that
includes--
``(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures it will use for
assessing and publicly reporting progress toward meeting those
goals and objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and violence
prevention programs conducted by local educational agencies in
accordance with section 5105;
``(3) a description of how the State educational agency
will use funds it reserves under section 5103(b);
``(4) a description of how the State educational agency
will coordinate its activities under this part with drug and
violence prevention efforts of other State agencies; and
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 5103(d)(2)(A)(i)(II)
and how the supplemental funds will be allocated among those
local educational agencies.
``(d) Peer Review.--The Secretary shall use a peer review process
in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other provisions of
this section, a State may submit for fiscal year 1995 a one-year
interim application and plan for the use of funds under this part that
are consistent with the requirements of this section and contain such
information as the Secretary may specify in regulations. The purpose of
such interim application and plan shall be to afford the State the
opportunity to fully develop and review its application and
comprehensive plan otherwise required by this section. A State may not
receive a grant under this part for a fiscal year subsequent to fiscal
year 1995 unless the Secretary has approved its application and
comprehensive plan.
``SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--(1) Except as provided in paragraph (2), the
total amount allocated to a State under section 5101 for each fiscal
year shall be used by the State educational agency and its local
educational agencies for drug and violence prevention activities in
accordance with this section.
``(2)(A) If a State has, on or before January 1, 1994, established
an independent State agency for the purpose of administering all of the
funds described in section 5121 of this Act (as such section was in
effect on the day before the date of the enactment of the Safe and
Drug-Free Schools and Communities Act Amendments of 1994), then--
``(i) an amount equal to 70 percent of the total amount
allocated to such State under section 5101 for each fiscal year
shall be used by the State educational agency and its local
educational agencies for drug and violence prevention
activities in accordance with this section; and
``(ii) an amount equal to 30 percent of such total amount
shall be used by such independent State agency for drug and
violence prevention activities in accordance with section 5122
of this Act (as such section was in effect on the day before
the date of the enactment of the Safe and Drug-Free Schools and
Communities Act Amendments of 1994).
``(B) Not more than 2.5 percent of the amount reserved under
subparagraph (A)(ii) may be used for administrative costs of the
independent State agency incurred in carrying out the activities
described in such subparagraph.
``(C) For purposes of this paragraph, the term `independent State
agency' means an independent agency with a board of directors or a
cabinet level agency whose chief executive officer is appointed by the
chief executive officer of the State and confirmed with the advice and
consent of the senate of such State.
``(b) State Level Programs.--(1) A State educational agency shall
use no more than five percent of the amount reserved under subsection
(a) for activities such as--
``(A) training and technical assistance concerning drug and
violence prevention for local and intermediate educational
agencies, including teachers, administrators, counselors,
coaches and athletic directors, other educational personnel,
parents, students, community leaders, health service providers,
local law enforcement officials, and judicial officials;
``(B) the development, identification, dissemination and
evaluation of the most readily available, accurate, and up-to-
date curriculum materials (including videotapes, software, and
other technology-based learning resources), for consideration
by local educational agencies;
``(C) demonstration projects in drug and violence
prevention;
``(D) financial assistance to enhance resources available
for drug and violence prevention in areas serving large numbers
of economically disadvantaged children or sparsely populated
areas, or to meet other special needs consistent with the
purposes of this part; and
``(E) the evaluation of activities carried out within the
State under this part.
``(2) A State educational agency may carry out activities under
this subsection directly, or through grants or contracts.
``(c) State Administration.--(1) A State educational agency may use
no more than four percent of the amount reserved under subsection (a)
for the administrative costs of carrying out its responsibilities under
this part.
``(2) In administering its programs under this part, a State
educational agency may not delegate or transfer any administrative
functions in any manner to any other State entity.
``(d) Local Educational Agency Programs.--(1) A State educational
agency shall distribute not less than 92 percent of the amount reserved
under subsection (a) for each fiscal year to local educational agencies
in accordance with this subsection.
``(2)(A)(i) Of the amount distributed under subsection (d)(1), a
State educational agency shall distribute--
``(I) 70 percent of such amount to local educational
agencies, based on the relative enrollments in public and
private non-profit schools within their boundaries; and
``(II) 30 percent of such amount to local educational
agencies that the State educational agency determines have the
greatest need for additional funds to carry out drug and
violence prevention programs authorized by this part.
``(ii) To the extent practicable, not less than 25 percent of the
amount specified in clause (i)(II) for a fiscal year shall be
distributed to local educational agencies located in rural areas.
``(B)(i) A State educational agency shall distribute funds under
subparagraph (A)(i)(II) to no more than ten percent of its local
educational agencies, or five such agencies, whichever is greater.
``(ii) In determining which local educational agencies have the
greatest need for additional funds, the State educational agency shall
consider such factors as--
``(I) high rates of alcohol or other drug use among youth;
``(II) high rates of victimization of youth by violence and
crime;
``(III) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high rates of referrals of youths to drug and alcohol
abuse treatment and rehabilitation programs;
``(VI) high rates of referrals of youths to juvenile court;
``(VII) high rates of expulsions and suspensions of
students from schools; and
``(VIII) high rates of reported cases of child abuse and
domestic violence.
``(e) Reallocation of Funds.--If a local educational agency chooses
not to apply to receive the amount allocated to it under subsection
(d), or if its application under section 5104 is disapproved by the
State educational agency, the State educational agency shall reallocate
such amount to one or more of the local education agencies determined
by the State educational agency under subsection (d)(2)(B) to have the
greatest need for additional funds.
``(f) Return of Funds to State Educational Agency; Reallocation.--
(1) Except as provided in paragraph (2), upon the expiration of the 1-
year period beginning on the date that a local educational agency,
intermediate educational agency, or consortium under this title
receives its allocation under this title--
``(A) such agency or consortium shall return to the State
educational agency any funds from such allocation that remain
unobligated; and
``(B) the State educational agency shall reallocate any
such amount to local educational agencies, intermediate
educational agencies, or consortia that have plans for using
such amount for programs or activities on a timely basis.
``(2) In any fiscal year, a local educational agency, intermediate
educational agency, or consortium may retain for obligation in the
succeeding fiscal year--
``(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
``(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State educational
agency.
``SEC. 4104. LOCAL APPLICATIONS.
``(a) In General.--(1) In order to be eligible to receive an
allocation under section 5103(d) for any fiscal year, a local
educational agency shall submit, at such time as the State educational
agency requires, an application to the State educational agency for
approval. Such an application shall be amended, as necessary, to
reflect changes in the local educational agency's program.
``(2)(A) A local educational agency shall develop its application
under subsection (a)(1) in consultation with a local or substate
regional advisory council that includes, to the extent possible,
representatives of local government, business, parents, students,
teachers, appropriate state agencies, private schools, the medical
profession, law enforcement, community-based organizations, and other
groups with interest and expertise in drug and violence prevention.
``(B) In addition to assisting the local educational agency to
develop its application under this section, the advisory council
established or designated under paragraph (2)(A) shall, on an on-going
basis--
``(i) disseminate information about drug and violence
prevention programs, projects, and activities conducted within
the boundaries of the local educational agency;
``(ii) advise the local educational agency on how best to
coordinate its activities under this part with other related
programs, projects, and activities, including community service
and service learning projects, and the agencies that administer
them; and
``(iii) review program evaluations and other relevant
material and make recommendations to the local educational
agency on how to improve its drug and violence prevention
programs.
``(b) Contents of Applications.--An application under this section
shall contain--
``(1) an assessment of the current use (and consequences of
such use) of alcohol, tobacco, and controlled, illegal,
addictive or harmful substances as well as the violence,
safety, and discipline problems among students who attend the
schools of the applicant (including private school students who
participate in the applicant's drug and violence prevention
program) that is based on ongoing local assessment or
evaluation activities;
``(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(A) how that plan is consistent with, and
promotes the goals in, the State's application under
section 5102 and the local educational agency's plan,
either approved or being developed, under title III of
the Goals 2000: Educate America Act, or, if the local
educational agency does not have such an approved plan
and is not developing one, its plan under section 1112
of this Act;
``(B) the local educational agency's measurable
goals for drug and violence prevention, and a
description of how it will assess and publicly report
progress toward attaining these goals;
``(C) the local educational agency's comprehensive
plan for programs to be carried out under this part;
``(D) how the local educational agency will use its
regular allocation under section 5103(d)(2)(A)(i)(I)
and its supplemental allocation, if any, under section
5103(d)(2)(A)(i)(II);
``(E) how the local educational agency will
coordinate its programs and projects with community-
wide efforts to achieve its goals for drug and violence
prevention; and
``(F) how the local education agency will
coordinate its programs and projects with other
Federal, State, and local programs for drug-abuse
prevention, including health programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--(1) In reviewing local applications
under this section, a State educational agency shall use a peer review
process or other methods of assuring the quality of such applications.
``(2)(A) In determining whether to approve the application of a
local educational agency under this section, a State educational agency
shall consider the quality of the local educational agency's
comprehensive plan under subsection (b)(2) and the extent to which it
is consistent with, and supports, the State's application under section
5102 and the State's plan under the Goals 2000: Educate America Act,
and, if the State does not have such a plan, its plan under section
1111 of this Act.
``(B) A State educational agency may disapprove a local educational
agency application under this section in whole or in part and may
withhold, limit, or place restrictions on the use of funds allotted to
such a local educational agency in a manner the State educational
agency determines will best promote the purposes of this part or the
State's plan under the Goals 2000: Educate America Act, and, if the
State does not have such a plan, its plan under section 1111 of this
Act, except that a local educational agency shall be afforded an
opportunity to appeal any such disapproval.
``SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency shall use
funds received under this part to adopt and carry out a comprehensive
drug and violence prevention program which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution
of tobacco, alcohol and illegal drugs by students and
to prevent the illegal use, possession, and
distribution of such substances by employees;
``(B) prevent violence and promote school safety;
and
``(C) create a disciplined environment conducive to
learning;
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs assessments, goals, and programs
under this part; and
``(3) include community-based prevention and education
activities in accordance with the requirements of subsection
(c).
``(b) Authorized Activities.--A comprehensive drug and violence
prevention program carried out under this part may include--
``(1) age-appropriate, developmentally based drug
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
social, personal and health consequences of the use of illegal
drugs, promote a sense of individual responsibility, and
provide information about effective techniques for resisting
peer pressure to use illegal drugs;
``(2) programs of drug prevention, comprehensive health
education, early intervention, counseling, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, health service providers
and community leaders in prevention, education, early
intervention, counseling or rehabilitation referral;
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol and
other drug use, such as--
``(i) family counseling;
``(ii) early intervention activities that
prevent family dysfunction, enhance school
performance, and boost attachment to school and
family; and
``(iii) activities, such as community
service and service-learning projects, that are
designed to increase students' sense of
community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment, and that
include activities designed to help students develop a sense of
individual responsibility and respect for the rights of others,
and to resolve conflicts without violence;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school
safety and discipline;
``(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, and community leaders in
designing and implementing strategies to prevent school
violence;
``(C) the implementation of strategies, such as
conflict resolution and peer mediation and the use of
mentoring programs, to combat school violence and other
forms of disruptive behavior, such as sexual
harassment; and
``(D) comprehensive, community-wide strategies to
prevent or reduce illegal gang activities;
``(5) subject to the requirements of the matter following
paragraph (8), not more than one half of the cost of--
``(A) minor remodeling to promote security and
reduce the risk of violence, such as removing lockers,
installing better lights, and upgrading locks; and
``(B) acquiring and installing metal detectors and
hiring security personnel;
``(6) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs in
supervised community settings; and
``(7) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use alcohol
or other drugs, which may include activities such as classroom
instruction by uniformed law enforcement officers, resistance
techniques, resistance to peer pressure and gang pressure, and
provision for parental involvement;
``(8) the evaluation of any of the activities authorized
under this subsection.
A local educational agency may use no more than 33 percent of the funds
it receives under this part for any fiscal year for the activities
described in paragraph (5).
``(c) Community-Based Prevention Activities.--(1) A local
educational agency shall expend not less than 21 percent of the funds
received under this part on grants or contracts with parent groups,
community action and job training agencies, community-based
organizations, and other public entities and private nonprofit
organizations. Such grants or contracts shall support community-based
drug abuse and violence prevention programs and activities described in
paragraph (2). In awarding such grants or contracts, the local
educational agency shall give priority to programs of demonstrated
effectiveness and programs which have previously received assistance
under section 5122 of the Drug-Free Schools and Communities Act of
1986.
``(2) Grants and contracts under paragraph (1) shall be used for
programs and activities such as--
``(A) developing and implementing comprehensive, community-
based drug and violence prevention programs that link community
resources with schools and integrate services involving
education, vocational and job skills training, community
service and service learning projects, law enforcement, health,
mental health, and other appropriate services;
``(B) planning and implementing drug and violence
prevention activities that coordinate the efforts of community-
based agencies with those of the local educational agency;
``(C) activities to protect students traveling to and from
school;
``(D) developing and implementing strategies to prevent
illegal gang activity;
``(E) coordinating and conducting community-wide violence
and safety assessments and surveys; and
``(F) programs and activities which address the needs of
children and youth who are not normally served by the local
educational agency, including preschoolers, dropouts, youth in
juvenile detention facilities, and runaways or homeless
children and youth;
``(G) disseminating information about drug and violence
prevention;
``(H) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
education, early intervention, counseling, or rehabilitation
referral; and
``(I) before-and-after school recreational, instructional,
cultural, and artistic programs in supervised community
settings.
``(d) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995, under part
B of the Drug-Free Schools and Communities Act of 1986 (as in effect
prior to enactment of the Improving America's Schools Act) for the
support of a comprehensive school health program shall be deemed to
have been authorized by part B of such Act.
``SEC. 4106. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Director of the
Office of National Drug Control Policy, and the Attorney General, shall
conduct an independent biennial evaluation of the national impact of
programs under this part and submit a report of the findings of such
evaluation to the President and the Congress.
``(b) State Report.--(1) By October 1, 1997, and every third year
thereafter, the State educational agency shall submit to the Secretary
a report--
``(A) on the implementation and outcomes of State programs
under section 5103(b) and local programs under section 5103(d),
as well as an assessment of their effectiveness; and
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under section 5103(b)(1).
``(2) The report required by this subsection shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's on-going evaluation activities,
and shall include data on the prevalence of drug use and
violence by youth in schools and communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local educational
agency receiving funds under this subpart shall submit to the State
educational agency whatever information, and at whatever intervals, the
State requires to complete the State report required by subsection (b),
including information on the prevalence of drug use and violence by
youth in the schools and the community. Such information shall be made
readily available to the public.
``PART B--NATIONAL PROGRAMS
``SEC. 4201. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds appropriated under section
5004(a)(2), the Secretary of Education, in consultation with the
Secretary of Health and Human Services, the Director of the Office of
National Drug Control Policy, and the Attorney General, shall carry out
programs to prevent the illegal use of drugs and violence among, and
promote safety and discipline for, students at all educational levels,
preschool through postsecondary. The Secretary shall carry out such
programs directly, or through grants, contracts, or cooperative
agreements with public and private organizations and individuals, or
through agreements with other Federal agencies, and shall coordinate
such programs with other appropriate Federal activities. Such programs
may include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and members
of the community, including the demonstration of model
preservice training programs for prospective school personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention that are carried out
in cooperation with other Federal agencies, including the
Department of Health and Human Services, the Department of
Justice, the Department of Housing and Urban Development, and
the Department of Labor;
``(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the clearinghouse for alcohol and drug
abuse information established under section 509 of the Public
Health Service Act;
``(4) the development, dissemination, and implementation of
model programs and strategies to promote the safety of students
attending institutions of higher education by preventing
violent behavior and the illegal use of alcohol and other drugs
by such students;
``(5) the development of curricula related to child abuse
prevention and education and the training of personnel to teach
child abuse education and prevention to elementary and
secondary school children;
``(6) program evaluations that address issues not addressed
under section 5106(a);
``(7) direct services to schools and school systems
afflicted with especially severe drug and violence problems;
``(8) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(9) developing and disseminating drug and violence
prevention materials, including video-based projects and model
curricula;
``(10) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(11) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and
healthy neighborhoods and increase students' sense of
individual responsibility.
``(12) other activities that meet unmet national needs
related to the purposes of this title; and
``(13) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking.
``(b) Peer Review.--The Secretary shall use a peer review process
in reviewing applications for funds under this section.
``SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds reserved pursuant to
section 5101(a)(3), the Secretary shall make grants to or enter into
cooperative agreements or contracts with organizations primarily
serving and representing Native Hawaiians 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 consistent
with the provisions of this for the benefit of Native Hawaiians.
``(b) Definition of `Native Hawaiian'.--For the purposes of this
section, the term `Native Hawaiian' means any individual any of whose
ancestors were natives, prior to 1778, of the area which now comprises
the State of Hawaii.
``PART C--GENERAL PROVISIONS
``SEC. 4301. DEFINITIONS.
``For the purposes of this title, the following terms have the
following meanings:
``(1) The term `drug and violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of alcohol, the use of
tobacco and the use of controlled, illegal, addictive,
or harmful substances, including inhalants and anabolic
steroids; and
``(B) with respect to violence, the promotion of
school safety, such that students and school personnel
are free from violent and disruptive acts, including
sexual harassment, on school premises, going to and
from school, and at school-sponsored activities,
through the creation and maintenance of a school
environment that is free of weapons and fosters
individual responsibility and respect for the rights of
others.
``(2) The term `nonprofit', as applied to a school, agency,
organization, or institution means a school, agency,
organization, or institution owned and operated by one or more
nonprofit corporations or associations, no part of the net
earnings of which inures, or may lawfully inure, to the benefit
of any private shareholder or individual.
``(3) The term `school-aged population' means the
population aged five through 17, inclusive, as determined by
the Secretary on the basis of the most recent satisfactory data
available from the Department of Commerce.
``(4) The term `school personnel' includes teachers,
administrators, guidance counselors, social workers,
psychologists, nurses, librarians, and other support staff who
are employed by a school or who perform services for the school
on a contractual basis.
``SEC. 4302. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention programs
supported under this title shall convey a clear and consistent message
that the illegal use of alcohol and other drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this title, but may
evaluate the effectiveness of such curricula and other strategies in
drug and violence prevention.
``SEC. 4303. PROHIBITED USES OF FUNDS.
``No funds under this title may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this title);
``(2) drug treatment or rehabilitation; and
``(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based counseling
for students or school personnel who are victims or witnesses
of school-related crime.
``SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE PREVENTION
PROGRAMS.
``(a) In General.--Notwithstanding any other provision of law other
than section 432 of the General Education Provisions Act and section
103(b) of the Department of Education Organization Act, no local
educational agency shall be eligible to receive funds or any other form
of financial assistance under any Federal program unless it certifies
to the State educational agency that it has adopted and has implemented
a program to prevent the use of illicit drugs and alcohol by students
or employees that, at a minimum, includes--
``(1) age-appropriate, developmentally based drug and
alcohol education and prevention programs (which address the
legal, social, and health consequences of drug and alcohol use
and which provide information about effective techniques for
resisting peer pressure to use illicit drugs or alcohol) for
students in all grades of the schools operated or served by the
applicant, from early childhood level through grade 12;
``(2) conveying to students that the use of illicit drugs
and the unlawful possession and use of alcohol is wrong and
harmful;
``(3) standards of conduct that are applicable to students
and employees in all the applicant's schools and that clearly
prohibit, at a minimum, the unlawful possession, use, or
distribution of illicit drugs and alcohol by students and
employees on school premises or as part of any of its
activities;
``(4) a clear statement that sanctions (consistent with
local, State, and Federal law), up to and including expulsion
or termination of employment and referral for prosecution, will
be imposed on students and employees who violate the standards
of conduct required by paragraph (3) and a description of those
sanctions;
``(5) information about any available drug and alcohol
counseling and rehabilitation and re-entry programs that are
available to students and employees;
``(6) a requirement that parents, students, and employees
be given a copy of the standards of conduct required by
paragraph (3) and the statement of sanctions required by
paragraph (4);
``(7) notifying parents, students, and employees that
compliance with the standards of conduct required by paragraph
(3) is mandatory; and
``(8) a biennial review by the applicant of its program
to--
``(A) determine its effectiveness and implement
changes to the program if they are needed; and
``(B) ensure that the sanctions required by
paragraph (4) are consistently enforced.
``(b) Dissemination of Information.--Each local educational agency
that provides the certification required by subsection (a) shall, upon
request, make available to the Secretary, the State educational agency,
and to the public full information about the elements of its program
required by subsection (a), including the results of its biennial
review.
``(c) Certification to Secretary.--Each State educational agency
shall certify to the Secretary that it has adopted and has implemented
a program to prevent the use of illicit drugs and the abuse of alcohol
by its students and employees that is consistent with the program
required by subsection (a) of this section. The State educational
agency shall, upon request, make available to the Secretary and to the
public full information about the elements of its program.
``(d) Regulations.--(1) The Secretary shall publish regulations to
implement and enforce the provisions of this section, including
regulations that provide for--
``(A) the periodic review by State educational agencies of
a representative sample of programs required by subsection (a);
and
``(B) a range of responses and sanctions for local
educational agencies that fail to implement their programs or
to consistently enforce their sanctions, including information
and technical assistance, the development of a compliance
agreement, and the termination of any form of Federal financial
assistance.
``(2) The sanctions required by subsection (a)(1)(4) may include
the completion of an appropriate rehabilitation program.
``(e) Appeal Regarding Termination of Assistance.--Upon a
determination by the Secretary to terminate financial assistance to any
local educational agency under this section, the agency may file an
appeal with an administrative law judge before the expiration of the
30-day period beginning on the date such agency is notified of the
decision to terminate financial assistance under this section. Such
judge shall hold a hearing with respect to such termination of
assistance before the expiration of the 45-day period beginning on the
date that such appeal is filed. Such judge may extend such 45-day
period upon a motion by the agency concerned. The decision of the judge
with respect to such termination shall be considered to be a final
agency action.''.
``TITLE V--MAGNET SCHOOLS ASSISTANCE
``PART A--PROMOTING EQUITY
``SEC. 5101. FINDINGS.
``The Congress finds that--
``(1) magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation in its schools;
``(2) the use of magnet schools has increased dramatically
since enactment of the magnet program, with approximately 1.4
million students nationwide now attending such schools, of
which more than 60 percent of the students are nonwhite;
``(3) magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts;
``(4) in administering this program, the Federal Government
has learned that--
``(A) where magnet programs are implemented for
only a portion of a school's student body, special
efforts must be made to discourage the isolation of
magnet students from other students in the school;
``(B) local educational agencies can maximize their
effectiveness in achieving the purposes of this program
if they have more flexibility to serve students
attending a school who are not enrolled in the magnet
school program;
``(C) local educational agencies must be creative
in designing magnet schools for students at all
academic levels, so that school districts do not skim
off only the highest achieving students to attend the
magnet schools;
``(D) local educational agencies must seek to
enable participation in magnet school programs by
students who reside in the neighborhoods where the
programs are placed; and
``(E) in order to ensure that magnet schools are
sustained after Federal funding ends, the Federal
Government must assist local educational agencies to
improve their capacity to continue to operate magnet
schools at a high level of performance;
``(5) it is in the best interest of the Federal Government
to--
``(A) continue its support of local educational
agencies implementing court-ordered desegregation plans
and local educational agencies seeking to foster
meaningful interaction among students of different
racial and ethnic backgrounds beginning at the earliest
stage of their education;
``(B) ensure that all students have equitable
access to quality education that will prepare them to
function well in a culturally diverse, technologically-
oriented, and highly competitive global community; and
``(C) maximize the ability of local educational
agencies to plan, develop, implement and continue new
and innovative programs in magnet schools that
contribute to State and local systemic reform.
``SEC. 5102. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the desegregation of
local educational agencies by providing financial assistance to
eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State performance standards;
``(3) the development and design of innovative educational
methods and practices; and
``(4) 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. 5103. PROGRAM AUTHORIZED.
``The Secretary is authorized, in accordance with this part, to
make grants to eligible local educational agencies for use in magnet
schools that are part of an approved desegregation plan and that are
designed to bring students from different social, economic, ethnic, and
racial backgrounds together.
``SEC. 5104. DEFINITION.
``For the purpose of this part, 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.
``SEC. 5105. ELIGIBILITY.
``A local educational agency is eligible to receive assistance
under this part if it--
``(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
jurisdiction, and that 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 part, adopt and implement a plan that 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. 5106. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency desiring
to receive assistance under this part shall submit an application to
the Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(b) Information and Assurances.--An application under this part
shall include--
``(1) a description of--
``(A) how assistance made available under this part
will be used to promote desegregation, including how
the proposed magnet school project will increase
interaction among students of different social,
economic, ethnic, and racial backgrounds;
``(B) the manner and extent to which the magnet
school project will increase student achievement in the
instructional area or areas offered by the school;
``(C) the manner in which an applicant will
continue the magnet school project after assistance
under this part is no longer available, including, if
applicable, an explanation of whether successful magnet
schools established or supported by the applicant with
funds under this part have been continued without the
use of funds under this part;
``(D) how funds under this part will be used to
implement services and activities that are consistent
with the State's and local educational agency's
systemic reform plan, if any, under title III of the
Goals 2000: Educate America Act; and
``(E) the criteria to be used in selecting students
to attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes
specified in section 5103;
``(B) employ teachers in the courses of instruction
assisted under this part who are certified or licensed
by the State to teach the subject matter of the courses
of instruction;
``(C) not engage in discrimination based on race,
religion, color, national origin, sex, or disability
in--
``(i) the hiring, promotion, or assignment
of employees of the agency or other personnel
for whom the agency has any administrative
responsibility;
``(ii) the assignment of students to
schools, or to courses of instruction within
the school, of such agency, except to carry out
the approved plan; and
``(iii) designing or operating
extracurricular activities for students;
``(D) carry out a high-quality education program
that will encourage greater parental decisionmaking and
involvement; and
``(E) give students residing in the local
attendance area of the proposed magnet school projects
equitable consideration for places in those projects.
``(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 subsection (b)(2)(C) will
be met.
``SEC. 5107. PRIORITY.
``In approving applications under this part, the Secretary shall
give priority to applicants that--
``(1) have the greatest need for assistance, based on the
expense or difficulty of effectively carrying out an approved
desegragation plan and the projects for which assistance is
sought;
``(2) propose to carry out new magnet school projects or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination;
``(4) propose to implement innovative educational
approaches that are consistent with the State's and local
educational agency's approved systemic reform plans, if any,
under title III of the Goals 2000: Educate America Act; and
``(5) propose to draw on comprehensive community
involvement plans.
``SEC. 5108. USE OF FUNDS.
``(a) Use of Funds.--Grants made under this part may be used by
eligible local educational agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at magnet
schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of programs in
magnet schools;
``(3) for 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 to
conduct programs in magnet schools; and
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special
curriculum that is offered by the magnet school project
to students who are enrolled in the school but who are
not enrolled in the magnet school program; and
``(B) further the purposes of this part.
``(b) Special Rule.--With respect to subsections (a) (2) and (3),
such grants may be used by eligible local educational agencies for such
activities only if such activities are directly related to improving
the students' reading skills or their knowledge of mathematics,
science, history, geography, English, foreign languages, art, or music,
or to improving vocational skills.
``SEC. 5109. PROHIBITIONS.
``Grants under this part may not be used for transportation, or for
any activity that does not augment academic improvement.
``SEC. 5110. LIMITATION ON PAYMENTS.
``(a) Duration of Awards.--Awards made under this part shall not
exceed 3 years.
``(b) Limitation on Planning Funds.--A local educational agency may
expend for planning up to 50 percent of the funds received under this
part for the first year of the project, 15 percent for the second year
of the project, and up to 10 percent for the third year of the project.
``(c) Limitation on Grants.--A local educational agency shall not
receive more than $4,000,000 under this part in any one grant cycle.
``(d) Award Requirement.--To the extent practicable, for any fiscal
year, the Secretary shall award grants to local educational agencies
under this part no later than June 1 of the applicable fiscal year.
``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this part,
there are authorized to be appropriated $120,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
``(b) Availability of Funds for Grants to Agencies Not Previously
Assisted.--In any fiscal year for which the amount appropriated
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall,
with respect to such excess amount, give priority to grants to local
educational agencies that did not receive a grant under this part in
the last fiscal year of the funding cycle prior to the fiscal year for
which the determination is made.
``(c) Evaluations.--The Secretary may reserve not more than 2
percent of the funds appropriated under subsection (a) for any fiscal
year to carry out evaluations of projects under this part.
``PART B--EQUALIZATION ASSISTANCE
``SEC. 5201. TECHNICAL AND OTHER ASSISTANCE FOR SCHOOL FINANCE.
``(a) Technical Assistance.--(1) The Secretary is authorized to
make grants to, and enter into contracts and cooperative agreements
with, State educational agencies and other public and private agencies,
institutions, and organizations to provide technical assistance to
State and local educational agencies to assist them in achieving a
greater degree of equity in the distribution of financial resources for
education among local educational agencies in the State.
``(2) A grant or contract under this section may support technical
assistance activities, such as--
``(A) the establishment and operation of a center or
centers for the provision of technical assistance to State and
local educational agencies;
``(B) the convening of conferences on equalization of
resources within local educational agencies, within States, and
among States; and
``(C) obtaining advice from experts in the field of school
finance equalization.
``(b) Research.--(1) The Secretary is authorized to carry out
applied research and analysis designed to further knowledge and
understanding of methods to achieve greater equity in the distribution
of financial resources among local educational agencies.
``(2) The Secretary may carry out research under this subsection
directly or through grants to, or contracts or cooperative agreements
with, any public or private organization.
``(3) In carrying out this section, the Secretary is authorized
to--
``(A) support research on the equity of existing State
school funding systems;
``(B) train individuals in such research;
``(C) promote the coordination of such research;
``(D) collect and analyze data related to school finance
equity in the United States and other nations; and
``(E) report periodically on the progress of States in
achieving school finance equity.
``(4) The Secretary shall coordinate activities under this
subsection with activities carried out by the Office of Educational
Research and Improvement.
``(5) Each State educational agency or local educational agency
receiving assistance under this Act shall provide such data and
information on school finance as the Secretary may require to carry out
the purposes of this section.
``(c) Models.--The Secretary is authorized, directly or through
grants, contracts, or cooperative agreements, to develop and
disseminate models and materials useful to States in planning and
implementing revisions of their school finance systems.
``(d) Authorization of Appropriations.--For the purpose of carrying
out this part, there are authorized to be appropriated $8,000,000 for
fiscal year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``PART C--WOMEN'S EDUCATIONAL EQUITY ACT
``SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds and declares that--
``(1) educational programs in the United States are
frequently inequitable as such programs relate to women and
girls;
``(2) such inequities limit the full participation of all
individuals in American society; and
``(3) efforts to improve the quality of public education
also must include efforts to ensure equal access to quality
education programs for all women and girls.
``(b) Purpose.--The purpose of this part is to provide gender
equity in education in the United States; to provide financial
assistance to enable educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments of 1972; and to
provide equity in education to women and girls who suffer multiple
forms of discrimination based on sex, race, ethnic origin, limited
English proficiency, disability, or age.
``SEC. 5302. PROGRAMS AUTHORIZED.
``The Special Assistant of the Office of Women's Equity is
authorized--
``(1) to promote, coordinate and evaluate gender equity
policies, programs, activities and initiatives in all federal
education program and offices;
``(2) to develop, maintain, and disseminate materials,
resources, analyses and research relating to education equity
for women and girls;
``(3) to provide information and technical assistance to
assure the effective implementation of gender equity programs;
``(4) coordinate gender equity programs and activities with
other federal agencies with jurisdiction over education and
related programs;
``(5) to provide grants to develop model equity programs;
``(6) to provide funds for the implementation of equity
programs in schools throughout the Nation;
``(7) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to education equity for women and girls; and
``(8) any other activities consistent with achieving the
purposes of this part.
``SEC. 5303. LOCAL IMPLEMENTATION GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to,
and enter into contracts with, public agencies, private nonprofit
agencies, organizations, and institutions, including students and
community groups, for activities designed to achieve the purposes of
this part at all levels of education, including preschool, elementary
and secondary education, higher education, adult education and
vocational/technical education; for the establishment and operation,
for a period not to exceed four years, of local programs to ensure--
``(1) educational equity for women and girls
``(2) equal opportunities for both sexes
``(3) to conduct activities incident to achieving
compliance with title IX of the Education Amendments of 1972;
and
``(b) Grant Program.--Authorized activities under subsection (a)
may include--
``(1) introduction into the curriculum and classroom of
curricula, textbooks, and other material designed to achieve
equity for women and girls;
``(2) implementation of preservice and inservice training
with special emphasis on programs and activities designed to
provide educational equity for women and girls;
``(3) evaluation of promising or exemplary model programs
to assess their ability to improve local efforts to advance
educational equity for women and girls;
(4) implementation of programs and policies to address
sexual harassment and violence against women and girls and to
ensure that educational institutions are free from threats to
the safety of students and personnel;
``(5) implementation of guidance and counseling activities,
including career education program, designed to ensure
educational equity for women and girls;
``(6) implementation of nondiscriminatory tests of aptitude
and achievement and of alternative assessments that eliminate
biased assessment instruments from use;
``(7) implementation of programs to increase educational
opportunities, including higher education, vocational training,
and other educational programs for low income women; including
underemployed and unemployed women and women receiving Aid to
Families with Dependent Children benefits;
``(8) implementation of programs to improve representation
of women in educational administration at all levels; and
``(9) planning, development and initial implementation of:
``(A) comprehensive plans for implementation of
equity programs in state and local educational agencies
and institutions of higher education; including
community colleges;
``(B) innovative approaches to school-community
partnerships for educational equity;
``(C) innovative approaches to equity programs
addressing combined bias, stereotyping, and
discrimination on the basis of sex and race, ethnic
origin, limited English proficiency, and disability.
``(c) Application; Participation.--A grant may be made, and a
contract may be entered into, under this part only upon application to
the Secretary, 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 and in cooperation with
appropriate educational and community leaders, including
parent, teacher and student organizations, educational
institutions, business leaders, community-based organizations
serving women, and other significant groups and individuals;
``(2) describe a program for carrying out the purpose set
forth in Section 5303(b) which holds promise of making
substantial contribution toward attaining such purposes;
``(3) describe plans for continuation and
institutionalization of the program with local support
following completion of the grant period and termination of
Federal support under this part; and
``(4) establish policies and procedures which ensure
adequate documentation and evaluation of the activities
intended to be carried out under the application.
``(d) Criteria; Priorities; Categories of Competition.--The
Secretary shall establish criteria, priorities, and categories of
competition for awards under this part to ensure that available funds
are used for those purposes that most effectively will achieve the
purposes of the Act.
``(1) The criteria shall address the extent to which--
``(A) the program addresses the needs of women and
girls of color and women and girls with disabilities;
``(B) the program meets locally defined and
documented educational equity needs and priorities,
including title IX compliance;
``(C) the program is a significant component of a
comprehensive plan for educational equity and title IX
compliance in the particular school district,
institution of higher education, vocational-technical
institution, or other educational agency or
institution; and
``(D) the program implements an institutional
change strategy with long-term impact and will continue
as a central activity of the applicant agency or
institution after the grant is completed.
``(2) The Secretary shall establish no more than four
priorities, one of which shall be a priority for compliance
with title IX of the Education Amendments of 1972. Not more
than 60 percent of funds available in each fiscal year shall be
allocated to programs under the four priorities.
``(3) The Secretary shall establish 3 categories of
competition, distinguishing among three types of applicants and
levels of education that shall include--
``(A) grants to local educational agencies, state
education agencies, and other agencies and
organizations providing elementary and secondary
education;
``(B) grants to institutions of higher education,
including community colleges and other agencies and
organizations providing postsecondary education,
including vocational-technical education, adult
education, and other programs; and
``(C) grants to non-profit organizations, including
community-based organizations, groups representing
students, parents, and women, including women and girls
of color and women and girls with disabilities.
``(e) Requirement.--Not less than 25 percent of funds used to
support activities covered by subsection (b) shall be used for awards
under each category of competition in each fiscal year.
``(f) Special Rule.--The Secretary shall ensure that the total of
grants awarded each year address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States, including at least
one grant in each of the ten Federal regions; and
``(3) urban, rural, and suburban educational institutions.
``SEC. 5304. RESEARCH AND DEVELOPMENT GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to,
and enter into contracts with, public agencies, private nonprofit
agencies, organizations, and institutions, including students, and
community groups, for activities designed to achieve the purpose of
this part at all levels of education, including preschool, elementary
and secondary education, higher education, adult education and
vocational-technical education; to develop model policies and programs,
and to conduct research to address and ensure educational equities for
women and girls, including but not limited to--
``(1) the development and evaluation of gender-equitable
curricula, textbooks, software, and other educational material
and technology;
``(2) the development of model preservice and inservice
training programs for educational personnel with special
emphasis on programs and activities designed to provide
educational equity;
``(3) the development of guidance and counseling
activities, including career education programs, designed to
ensure gender equity;
``(4) the development and evaluation of nondiscriminatory
assessment systems;
``(5) the development of policies and programs to address
and prevent sexual harassment and violence to ensure that
educational institutions are free from threats to safety of
students and personnel;
``(6) the development and improvement of programs and
activities to increase opportunity for women, including
continuing educational activities, vocational education, and
programs for low income women; including underemployed and
unemployed women, and women receiving Aid to Families with
Dependent Children.
``(7) the development of instruments and strategies for
program evaluation and dissemination of promising or exemplary
programs designed to improve local efforts to achieve gender
equity;
``(8) the development of instruments and procedures to
assess the presence or absence of gender equity in educational
settings;
``(9) the development and evaluation of various strategies
to institutionalize gender equity in education.
``(b) Application.--A grant may be made, and a contract may be
entered into, under this part only upon application to the Secretary,
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 plan for carrying out 1 or more research
and development activities authorized in paragraph (a) above,
which holds promise of making a substantial contribution toward
attaining the purposes of this act; and
``(3) set forth policies and procedures which insure
adequate documentation, data collection, and evaluation of the
activities intended to be carried out under the application,
including an evaluation or estimate of the potential for
continued significance following completion of the grant
period.
``(c) Criteria and Priorities.--(1) The Secretary shall establish
criteria and priorities to ensure that available funds are used for
programs that most effectively will achieve the purposes of this part.
``(2) The criteria and priorities shall be promulgated in
accordance with section 431 of the General Education Provisions Act.
``(3) In establishing priorities the Secretary shall establish no
more than 4 priorities, 1 of which shall be programs which address the
educational needs of women and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic origin, disability, or
age.
``(d) Special Rule.--The Secretary shall ensure that the total of
grants awarded each year address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States;
``(d) Coordination.--Research activities supported under this
part--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Women's
Equity and the Office of Educational Research and Improvement.
``(f) Limitation.--Nothing in this part shall be construed as
prohibiting men and boys from participating in any programs or
activities assisted under this part.
``SEC. 5305. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) for the purpose of carrying out the provisions of
section 5303, there are authorized to be appropriated
$3,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999; and
``(2) for the purpose of carrying out the provisions of
section 5304, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``TITLE VI--INDIAN EDUCATION
``SEC. 6001. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility
to ensure that educational programs for all American Indian and
Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive content and student performance standards
and build on Indian culture and the Indian community;
``(B) assist local educational agencies, Indian
tribes, and others in providing Indian students the
opportunity to achieve those standards; and
``(C) meet the special educational and culturally
related academic needs of American Indian and Alaska
Native students;
``(2) since enactment of the original Indian Education Act
in 1972, Indian parents have become significantly more involved
in the planning, development, and implementation of educational
programs that affect them and their children, and schools
should continue to foster such involvement;
``(3) although the numbers of Indian teachers,
administrators, and university professors have increased since
1972, teacher training programs are not recruiting, training,
or retraining sufficient numbers of Indian persons as educators
to meet the needs of a growing Indian student population in
elementary, secondary, vocational, adult, and higher education;
``(4) the dropout rate for Indian students is unacceptably
high; for example, nine percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
``(5) from 1980 to 1990, the percentage of Indian persons
living in poverty increased from 24 percent to 31 percent, and
the readiness of Indian children to learn is hampered by the
high incidence of poverty, unemployment, and health problems
among Indian children and families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of it is
poor in quality or focused on limited local or regional issues.
``SEC. 6002. PURPOSE.
``(a) Purpose.--It is the purpose of this title to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities to meet the special
educational and culturally related academic needs of American Indians
and Alaska Natives, so that they can achieve to the same challenging
State performance standards expected of all students.
``(b) Programs Authorized.--This title carries out the purpose
described in subsection (a) by authorizing programs of direct
assistance for--
``(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people; and
``(4) research, evaluation, data collection, and technical
assistance.
``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 6101. PURPOSE.
``It is the purpose of this part to support local educational
agencies in their efforts to reform elementary and secondary school
programs that serve Indian students in order to ensure that such
programs--
``(1) are based on challenging State content and student
performance standards that are used for all students; and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``A local educational agency is eligible for a grant under this
part for any fiscal year if the number of Indian children who were
enrolled in the schools of the agency, and to whom the agency provided
free public education, during the preceding fiscal year--
``(1) was at least 20; or
``(2) constituted not less than 25 percent of the agency's
total enrollment.
``SEC. 6103. AMOUNT OF GRANTS.
``(a) Amount of Grants.--(1) The Secretary is authorized to
allocate to each local educational agency which has an approved
application under this part an amount equal to the product of--
``(A) the number of Indian children described in section
6106; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the
State in which the agency is located; or
``(ii) 80 percent of the average per-pupil
expenditure in the United States.
``(2) The Secretary shall reduce the amount of each allocation
determined under paragraph (1) in accordance with subsection (e) of
this section.
``(b) Minimum Grant Amount.--The Secretary shall not make a grant
to a local educational agency if the amount determined under subsection
(a) is less than $4,000, except that the Secretary may make a grant to
a consortium of local educational agencies, one or more of which does
not qualify for such a minimum award, if--
``(1) the total amount so determined for such agencies is
not less than $4,000;
``(2) such agencies, in the aggregate, meet the eligibility
requirement of either section 6102(1) or 6102(2); and
``(3) the Secretary determines that such a grant would be
effectively used to carry out the purpose of this part.
``(c) Definition.--For the purpose of this section, the average
per-pupil expenditure of a State is determined by dividing--
``(1) the aggregate current expenditures of all the local
educational agencies in the State, plus any direct current
expenditures by the State for the operation of such agencies,
without regard to the sources of funds from which such local or
State expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is made; by
``(2) the aggregate number of children who were in average
daily attendance for whom such agencies provided free public
education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) In addition to the grants determined under subsection
(a), the Secretary shall allocate to the Secretary of the Interior an
amount equal to the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe under a
contract with, or grant from, the Department of the
Interior under the Indian Self-Determination Act (25
U.S.C. 450f et seq.) or the Tribally Controlled Schools
Act of 1988 (25 U.S.C. 2501 et seq.); and
``(B) the greater of--
``(i) the average per-pupil expenditure of the
State in which the school is located; or
``(ii) 80 percent of the average per-pupil
expenditure in the United States.
``(2) The Secretary shall transfer the amount determined under
paragraph (1), reduced as may be necessary under subsection (e), to the
Secretary of the Interior in accordance with, and subject to, section
9205 of this Act.
``(e) Ratable Reductions.--If the sums appropriated for any fiscal
year under section 6602(a) are insufficient to pay in full the amounts
determined for local educational agencies under subsection (a)(1) and
for the Secretary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
``SEC. 6104. APPLICATIONS.
``(a) General.--Any local educational agency that desires to
receive a grant under this part shall submit an application to the
Secretary at such time, in such manner, and containing such information
as the Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each such application shall
include a comprehensive program for meeting the needs of Indian
children in the local educational agency, including their language and
cultural needs, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and Alaska
Native students,
``(2)(A) is consistent with, and promotes the goals in, the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act or, if
such plans are not approved or being developed, with the State
and local plans under sections 1111 and 1112 of this Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining them,
that are based on the challenging State standards adopted under
title III of the Goals 2000: Educate America Act or under title
I of this Act for all children;
``(3) explains how Federal, State, and local programs,
especially under title I of this Act, will meet the needs of
such students;
``(4) demonstrates how funds under this part will be used
for activities authorized by section 6105;
``(5) describes the professional development to be
provided, as needed, to ensure that--
``(A) teachers and other school professionals who
are new to the Indian community are prepared to work
with Indian children; and
``(B) all teachers who will be involved in the
project have been properly trained to carry it out; and
``(6) describes how the agency--
``(A) will periodically assess the progress of all
Indian children in its schools, including Indian
children who do not participate in programs under this
part, in meeting the goals described in paragraph (2);
``(B) will provide the results of that assessment
to the parent committee described in subsection (c)(6)
and to the community served by the agency; and
``(C) is responding to findings of any previous
such assessments.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) the local educational agency will use funds received
under this part only to supplement the level of funds that, in
the absence of such Federal funds, the agency would make
available for the education of Indian children, and not to
supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such information,
as the Secretary may require to--
``(A) carry out the Secretary's functions under
this part; and
``(B) determine the extent to which funds provided
under this part have been effective in improving the
educational achievement of Indian students in the local
educational agency;
``(3) the program for which assistance is sought has been
based upon a local assessment and prioritization of the special
educational and culturally related academic needs of the
American Indian and Alaska Native students for which the local
educational agency is providing an education;
``(4) the program for which assistance is sought will use
the best available talents and resources, including persons
from the Indian community;
``(5) the local educational agency has developed the
program in open consultation with parents of Indian children,
teachers, and, where appropriate, secondary school Indian
students, including holding public hearings at which such
persons have had a full opportunity to understand the program
and to offer recommendations regarding such program;
``(6) the local educational agency has developed the
program with the participation and written approval of a
committee--
``(A) that is composed of, and selected by, parents
of Indian children in the local educational agency's
schools, teachers, and, where appropriate, secondary
school Indian students and of which at least half the
members are such parent;
``(B) that 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; and
``(C) that, in the case of an application which
includes a schoolwide project (as specified in section
6105(c) of this part) finds that such project will not
diminish the availability of culturally related
activities for American Indians and Alaskan Native
students; and
``(D) that adopts and abides by reasonable bylaws
for the conduct of the activities of the committee.
``(d) State Educational Agency Review.--(1) Before submitting its
application to the Secretary, the local educational agency shall obtain
comments on the application from the State educational agency.
``(2) The local educational agency shall send the State educational
agency's comments to the Secretary with its application.
``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this part shall use the grant funds for services
and activities, consistent with the purpose of this part, that--
``(1) are designed to carry out its comprehensive plan for
Indian students, described in its application under section
6104(b);
``(2) are designed with special regard for the language and
cultural needs of those students; and
``(3) supplement and enrich the regular school program.
``(b) Particular Activities.--Such services and activities
include--
``(1) culturally related activities which support the
program set out in the application, as required in section
6104;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and that directly support the
attainment of challenging State content and student performance
standards;
``(4) integrated educational services in combination with
other programs meeting similar needs;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as those supported by
the School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act,
including tech-prep, mentoring, and apprenticeship programs;
``(6) prevention of, and education about, substance abuse;
and
``(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this part.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
this part, a local educational agency may use funds it receives under
this part to support a schoolwide program under section 1114 of title I
of this Act, in accordance with such section, if the Secretary
determines that the local educational agency has made adequate
provision for the participation of Indian children in such project and
the involvement of Indian parents in the formulation of such project.
``SEC. 6106. STUDENT ELIGIBILITY FORMS.
``(a) The Secretary shall require that each application for a grant
under this subpart for each fiscal year be supported by a form,
maintained in the files of the applicant, 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.
``(b) The Secretary shall request on the form required under
subsection (a) at least the following information:
``(1) either--
``(A) the name of the tribe, band, or other
organized group of Indians with which the child claims
membership, 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
``(B) if the child is not a member of a tribe,
band, or other organized group of Indians, the name,
the enrollment 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;
``(2) whether the tribe, band, or other organized group of
Indians with which the child, his parents, or grandparents
claim membership is federally recognized;
``(3) the name and address of the parent or legal guardian;
``(4) the signature of the parent or legal guardian
verifying the accuracy of the information supplied; and
``(5) any other information which the Secretary deems
necessary to provide an accurate program profile.
``(c) Nothing in the requirements of subsection (b) may be
construed as affecting the definition set forth in section 6601. In
order for a child to be counted in computing the local educational
agency's grant award, the eligibility form for the child must contain
at a minimum--
``(1) the child's name;
``(2) the name of the tribe, band, or other organized group
of Indians; and
``(3) the parent's dated signature.
The failure of an applicant to furnish any other information listed in
subsection (b) with respect to any child shall have no bearing on the
determination of whether the child is an eligible Indian child.
``(d) The forms and the standards of proof (including the standard
of good faith compliance) that were in use during the 1985-1986
academic year to establish a child's eligibility for entitlement 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 subsection (a).
``(e) 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 subsection (b) may be construed as requiring the
furnishing of enrollment numbers.
``(f)(1)(A) The Secretary shall establish a method of auditing, on
an annual basis, a sample of not less than one-fourth of the total
number of local educational agencies receiving funds under this part
and shall submit to the Congress an annual report on the findings of
the audits.
``(B) For purposes of an audit conducted by the Federal Government
with respect to funds provided under this part, 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 policies, be
considered appropriate and acceptable procedures, practices, and
policies which are in conformity with Federal law.
``(C) A local educational agency may not be held liable to the
United States, or be otherwise penalized, by reason of the findings of
an audit that relate to the date of completion, or the date of
submission, of any forms used to establish, before April 28, 1988, a
child's eligibility for entitlement under the Indian Elementary and
Secondary School Assistance Act.
``(2) Any local educational agency that provides false information
in the application for a grant under this subpart shall be ineligible
to apply for any other grants under this part and shall be liable to
the United States for any funds provided under this part that have not
been expended.
``(3) Any student who provides false information on the form
required under subsection (d)(1) may not be taken into account in
determining the amount of any grant under this part.
``(g) For purposes of distribution of funds under this Act to
schools funded by the Bureau of Indian Affairs, the Secretary shall use
the count of the number of students in each such school funded under
the Indian Student Equalization Formula developed pursuant to section
1128 of Public Law 95-561, in lieu of the requirements of this section.
``SEC. 6107. PAYMENTS.
``(a) General.--The Secretary shall pay each local educational
agency with an application approved under this part the amount
determined under section 6103, subject to subsections (b) and (c) of
this section and shall notify such local educational agency of the
amount no later than June 1 of the year in which the grant will be
paid.
``(b) Payments Taken Into Account by the State.--The Secretary
shall not make a grant under this part for any fiscal year to any local
educational agency in a State that has taken into consideration
payments under this part (or under subpart 1 of the Indian Education
Act of 1988) in determining the eligibility of the local educational
agency 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 of Payment for Failure To Maintain Fiscal Effort.--
(1) The Secretary shall not pay any local educational agency the full
amount determined under section 6103 for any fiscal year unless the
State educational agency notifies the Secretary, and the Secretary
determines, that the combined fiscal effort of that local agency and
the State with respect to the provision of free public education by
such local agency for the preceding fiscal year, computed on either a
per-student or aggregate expenditure basis, was not less than 90
percent of such combined fiscal effort, computed on the same basis, for
the second preceding fiscal year.
``(2) If the Secretary determines for any fiscal year that a local
educational agency failed to maintain its fiscal effort at the 90
percent level required by paragraph (1), the Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to the agency under this part in the exact proportion
of such agency's failure to maintain its fiscal effort at such
level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required to
comply with paragraph (1).
``(3)(A) The Secretary may waive the requirement of paragraph (1),
for not more than one year at a time, if the Secretary determines that
the failure to comply with such requirement is due to exceptional or
uncontrollable circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of such
agency's expenditures for the fiscal year preceding the fiscal year for
which a waiver is granted to determine compliance with paragraph (1)
for any succeeding fiscal year, but shall use the amount of
expenditures that would have been required to comply with paragraph (1)
in the absence of the waiver.
``(d) Reallocations.--The Secretary may reallocate, in the manner
the Secretary determines will best carry out the purpose of this part,
any amounts that--
``(1) based on estimates by local educational agencies or
other information, will not be needed by such agencies to carry
out their approved projects under this part; or
``(2) otherwise become available for reallocation under
this part.
``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 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 educational opportunities for Indian children;
``(2) to assist in the establishment and operation of
programs, in accordance with subsection (c), which are designed
to stimulate--
``(A) the provision of educational services not
available to Indian children in sufficient quantity or
quality, and
``(B) the development and establishment of
exemplary educational 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 personnel; and
``(4) to encourage the dissemination of information and
materials 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 supported
elementary and secondary schools for Indian children and to Indian
tribes, Indian organizations, and Indian institutions to support
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
psychological 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 Opportunities.--
``(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
designed 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--
``(i) remedial and compensatory
instruction, school health, physical education,
psychological, and other services designed to
assist and encourage Indian children to enter,
remain in, or reenter elementary or secondary
school;
``(ii) comprehensive academic and
vocational instruction;
``(iii) instructional materials (such as
library books, textbooks, and other printed,
published, or audiovisual materials) and
equipment;
``(iv) comprehensive guidance, counseling,
mentoring, and testing services;
``(v) special education programs for
disabled and gifted and talented Indian
children;
``(vi) early childhood programs, including
kindergarten;
``(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 educational 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 education, 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 carrying 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.
``(4) In making grants under this subsection, the Secretary
shall consider prior performance and may not limit eligibility
on the basis of the number of previous grants or the length of
time for which the applicant has received grants.
``(d) Applications for Grants.--
``(1) Applications for a grant under this section shall be
submitted 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 subsection (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
``(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.
``(2)(A) The Secretary may approve an application for a
grant under subsection (b) or (c) 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 parents of the children to be served and
tribal communities 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 agencies, organizations, and institutions.
``SEC. 6202. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR THE TEACHERS OF
INDIAN CHILDREN.
``(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 of--
``(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.
``(b) Fellowships and Traineeships.--
``(1) In carrying out the provisions of this section, the
Secretary is authorized to award fellowships and traineeships
to individuals 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.
``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) In General.--During each fiscal year ending prior to October
1, 1999, 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 students
in order to enable them to pursue a course of study of not more than 4
academic years leading toward a postbaccalaureate 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.
``(b) Stipends.--The Secretary shall pay to persons awarded
fellowships under subsection (a) such stipends (including such
allowances for subsistence of such persons and their dependents) the
Secretary may determine to be consistent with prevailing practices
under comparable 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 education
provided the holder of such a fellowship.
``(d) Special Rules.--
``(1) The Secretary may, if a fellowship awarded under
subsection (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 provide
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 payments 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
specialty in the area of alcohol and substance abuse counseling
and education.
``(e) Service Obligation.--The Secretary shall, by regulation,
require that individuals who receive training under this section
perform related work and shall notify such local educational agency of
the amount no later than June 1 of the year in which the grant will be
paid following that training or repay all or part of the cost of the
training.
``SEC. 6204. GIFTED AND TALENTED.
``(a) Establishment of Centers.--The Secretary shall establish 2
centers for gifted and talented Indian students at tribally controlled
community colleges.
``(b) 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 Controlled 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 such 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
Television Workshop, for the purpose of carrying out the
demonstration 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 support services to their
families that are needed to enable these students to
benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental 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 Indian languages and exposure to
Indian cultural traditions, and mentoring and
apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools which receive
grants under subsection (c) 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 demonstration projects conducted under
this section; and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and
to the provision of such 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 regarding,
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 participate 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)(3)(A)(i) 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 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 demonstration project
recipients under subsection (b).
``(B) If no funds are provided under subsection (b) for--
``(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.
``(d) Information Network.--The Secretary shall encourage persons
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 available to the
entire educational community.
``SEC. 6205. TRIBALLY CONTROLLED SCHOOLS ACT.
``(a) Timely Payments.--Subsection (a) is amended to read as
follows:
```(a)(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in 2
payments:
```(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
```(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
```(2) For any school for which no payment was made from Bureau
funds in the preceding academic year, full payment of the amount
computed for the first academic year of eligibility under this part
shall be made no later than December 1 of the academic year.
```(3) With regard to funds for grantees that become available for
obligation on October 1 of the fiscal year for which they are
appropriated, the Secretary shall make payments to grantees no later
than December 1 of the fiscal year.
```(4) The provisions of the Prompt Payment Act (31 U.S.C. 3901 et
seq.) shall apply to the payments required to be made by paragraphs
(1), (2), and (3) of this subsection.'.
``(b) Paragraph (3) is amended by striking `Paragraphs (1) and (2)'
and inserting in lieu thereof `Paragraphs (1), (2), and (3)', and is
renumbered as paragraph `(5)'.
``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
``SEC. 6301. 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
``(5) to encourage the dissemination of information and
materials 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 specifically
designed to improve educational opportunities for Indian adults.
``(c) Information and Evaluation.--The Secretary is also authorized
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.
``(d) Applications.--
``(1) Applications for a grant under this section shall be
submitted 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 the purposes of this section.
``(2) The Secretary shall not approve an application for a
grant under subsection (a) unless the Secretary is satisfied
that such application, and any documents submitted with respect
thereto, indicate that--
``(A) there has been adequate participation by the
individuals 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
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``PART D--NATIONAL ACTIVITIES AND GRANTS TO STATES
``SEC. 6401. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--From funds appropriated for any
fiscal year to carry out this section, the Secretary may--
``(1) conduct research related to effective approaches to
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities consistent with the
purpose of this Act.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through grants to,
or contracts or cooperative agreements with, Indian tribes, Indian
organizations, State educational agencies, local educational agencies,
institutions of higher education, including Indian institutions of
higher education, and other public and private agencies and
institutions.
``(c) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
``(a) Before submitting its application to the Secretary, the local
educational agency shall submit its application to the State
educational agency.
``(b) The State education agency may send to the Secretary comments
on each local educational agency application its reviews. The Secretary
shall take such comments into consideration in reviewing such
application.
``PART E--FEDERAL ADMINISTRATION
``SEC. 6501. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office of
Indian Education (referred to in this section as `the Office') in the
Department of Education.
``(b) Director.--(1) The Office shall be under the direction of the
Director, who shall be appointed by the Secretary and who shall report
directly to the Assistant Secretary for Elementary and Secondary
Education.
``(2) The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of Elementary
and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons; and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(3) The Director of the Office shall be a member of the career
Senior Executive Service.
``(c) Indian Preference in Employment.--(1) The Secretary shall
give a preference to Indian persons in all personnel actions in the
Office.
``(2) Such preference shall be implemented in the same fashion as
the preference given to any veteran under section 2609 of the Revised
Statutes, section 45 of title 25, United States Code.
``SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There shall be a National Advisory Council on
Indian Education (referred to in this section as `the Council'), which
shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time to
time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the country.
``(b) Duties.--The Council shall--
``(1) advise the Secretary on the funding and
administration, including the development of regulations and of
administrative policies and practices, of any program,
including programs under this title, for which the Secretary is
responsible and in which Indian children or adults participate
or from which they can benefit;
``(2) make recommendations to the Secretary for filling the
Director's position whenever a vacancy occurs in such position;
and
``(3) submit to the Congress, by June 30 of each year, a
report on its activities, which shall include--
``(A) any recommendations it finds appropriate for
the improvement of Federal education programs in which
Indian children or adults participate, or from which
they can benefit; and
``(B) its recommendations with respect to the
funding of any such programs.
``SEC. 6503. PEER REVIEW.
``In reviewing applications under parts B, C, and D of this title,
the Secretary may use a peer review process.
``SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under parts B and C of this title, the Secretary
shall give a preference to Indian tribes, Indian organizations, and
Indian institutions of higher education under any program for which
they are eligible to apply.
``SEC. 6505. MINIMUM GRANT CRITERIA.
``In making grants under parts B and C of this title, the Secretary
shall approve only projects that are--
``(1) of sufficient size, scope, and quality to achieve the
purpose of the section under which assistance is sought; and
``(2) based on relevant research findings.
``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 6601. DEFINITIONS.
``The following definitions apply to terms as used in this title:
``(1) The term `adult' means an individual who is either--
``(A) not less than 16 years old; or
``(B) beyond the age of compulsory school
attendance under State law.
``(2) The term `adult education' has the meaning given such
term in section 312(2) of the Adult Education Act.
``(3) The term `free public education' means education that
is--
``(A) provided at public expense, under public
supervision and direction, and without tuition charge;
and
``(B) provided as elementary or secondary education
in the applicable State or to preschool children.
``(4) The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
``(i) tribes and bands terminated since
1940; and
``(ii) tribes and bands recognized by the
State in which they reside;
``(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; or
``(D) an Eskimo, Aleut, or other Alaska Native.
``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Part A.--For the purpose of carrying out part A of this
title, there are authorized to be appropriated $61,300,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Parts B Through D.--For the purpose of carrying out parts B,
C, and D of this title, there are authorized to be appropriated
$20,925,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``(c) Part E.--For the purpose of carrying out part E of this
title, including section 6502, there are authorized to be appropriated
$3,775,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``PART G--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 6701. STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a) The purpose of the standards developed under this section
shall be to afford Indian students being served by a Bureau funded
school with the same opportunities as all other students to achieve the
high goals embodied in the Goals 2000: Educate America Act. Consistent
with the provisions of this section and section 6711 of this part, the
Secretary shall take such actions as are necessary to coordinate
standards developed and implemented under this section with those in
the State plans developed and implemented pursuant to the GOALS 2000
Educate America Act for the States in which each Bureau funded school
operates. In developing and reviewing these standards and such
coordination, the Secretary shall utilize the findings and
recommendations of the panel established by the Goals 2000: Educate
America Act
``(b) The Secretary, in consultation with the Secretary of
Education, and in consultation with Indian organizations and tribes,
shall carry out or cause to be carried out by contract with an Indian
organization such studies and surveys, making the fullest use possible
of other existing studies, surveys, and plans, as are necessary to
establish and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies and surveys
shall take into account factors such as academic needs, local cultural
differences, type and level of language skills, geographic isolation,
and appropriate teacher-student ratios for such children, and shall be
directed toward the attainment of equal eductional opportunity for such
children.
``(c)(1) Within 18 months of the date of enactment of this Act, the
Secretary shall revise the minimum academic standards published in the
Federal Register of November 1983 for the basic education of Indian
chlidren which are consistent with subsections (a) and (b) of this
section and section 6711, and shall distribute such revised standards
in the Federal Register for the purpose of receiving comments from the
tribes and other interested parties. Within 21 months of the date of
enactment of the Elementary and Secondary Education Act Amendments of
1993, the Secretary shall establish final standards, distribute such
standards to all the tribes and publish such standards in the Federal
Register. The Secretary shall revise such standards periodically as
necessary. Prior to any revision of such standards, the Secretary shall
distribute such proposed revision to all the tribes, and publish such
proposed revision in the Federal Register, for the purpose of receiving
comments from the tribes and other interested parties.
``(2) Such standards shall apply to Bureau schools, and subject to
subsection (f), to contract and grant schools, and may also serve as a
model for educational programs for Indian children in public schools.
In establishing and revising such standards, the Secretary shall take
into account the special needs of Indian students and the support and
reinforcement of the specific cultural heritage of each tribe. Such
standards shall include a requirement, developed in coordination with
Indian tribes, the affected local school boards, the Indian Health
Service of the Department of Health and Human Services, the State
health departments, and the Centers for Disease Control and Prevention,
on immunization for childhood diseases, including provisions for in-
school immunization, where necessary.
``(d) The Secretary shall provide alternative or modified standards
in lieu of the standards established under subsection (c), where
necessary, so that the programs of each school shall be in compliance
with the minimum standards required for accreditation of schools in the
State where the school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local authority
to waive, in part or in whole, the standards established under
subsections (c) and (d), where such standards are deemed by such body
to be inappropriate or ill-conceived. The tribal governing body or
designated school board shall, within 60 days thereafter, submit to the
Secretary a proposal for alternative standards that takes into account
the specific needs of the tribe's children. Such revised standards
shall be established by the Secretary unless specifically rejected by
the Secretary for good cause and in writing to the affected tribes or
local school board, which rejection shall be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-making
procedures, shall assist school boards of contract and grant schools in
the implementation of the standards established under subsection (c)
and (d), if the school boards request that such standards, in part or
in whole, be implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified standards
for the standards established under subsections (c) and (d) to take
into account the needs of the Indian children and the contract or grant
school.
``(2) Within 1 year of the date of the enactment of the Indian
Education Technical Amendments Act of 1985, the Bureau shall, either
directly or through contract with an Indian organization, establish a
consistent system of reporting standards for fiscal control and fund
accounting for all contract schools. Such standards shall yield data
results comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary shall begin
to implement the standards established under this section immediately
upon the date of their establishment. No later than January 1, 1995,
and at each time thereafter that the annual budget request for Bureau
educational services is presented, the Secretary shall submit to the
appropriate committees of Congress a detailed plan to bring all Bureau
and contract and grant schools up to the level required by the
applicable standards established under this section. Such plan shall
include, but not be limited to, detailed information on the status of
each school's educational program in relation to the applicable
standards established under this section, specific cost estimates for
meeting such standards at each school, and specific time lines for
bringing each school up to the level required by such standards.
``(h)(1) Except as specifically required by statute, no school or
peripheral dormitory operated by the Bureau of Indian Affairs on or
after January 1, 1992, may be closed or consolidated or have its
program substantially curtailed unless done according to the
requirements of this subsection, except that, in those cases where the
tribal governing body, or the local school board concerned (if so
designated by the tribal governing body), requests closure or
consolidation, the requirements of this subsection shall not apply. The
requirements of this subsection shall not apply when a temporary
closure, consolidation, or substantial curtailment is required by plant
conditions which constitute an immediate hazard to health and safety.
``(2) The Secretary shall, by regulation, promulgate standards and
procedures for the closing, consolidation, or substantial curtailment
of Bureau schools in accordance with the requirements of this
subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is under active
consideration or review by any division of the Bureau or the Department
of the Interior, the affected tribe, tribal governing body, and
designated local school board, will be notified as soon as such
consideration or review begins, kept fully and currently informed, and
afforded an opportunity to comment with respect to such consideration
or review. When a formal decision is made to close, transfer to any
other authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated local school
board shall be notified at least 6 months prior to the end of the
school year preceding the proposed effective date. Copies of any such
notices and information shall be transmitted promptly to the Congress
and published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the affected
tribe, and the designated local school board describing the process of
the active consideration or review referred to in paragraph (3). At a
minimum, the report shall include a study of the impact of such action
on the student population, with every effort to identify those students
with particular educational and social needs, and to ensure that
alternative services are available to such students. Such report shall
include the description of the consultation conducted between the
potential service provider, current service provider, parents, tribal
representative and the tribe or tribes involved, and the Director of
the Office of Indian Education Programs within the Bureau regarding
such students. No irreversible action may be taken in furtherance of
any such proposed school closure, transfer to any other authority,
consolidation, or substantial curtailment (including any action which
would prejudice the personnel or programs of such school) until the end
of the first full academic year after such report is made.
``(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,
``(B) any program of such a school that is operated on or
after April 1, 1987, or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297),
only if the tribal governing body approves such action.
``(i) There are hereby authorized to be appropriated such sums as
may be necessary, for academic program costs, in order to bring all
Bureau and contract schools up to the level required by the applicable
standards established under this section.
``(j)(1) All schools funded by the Bureau of Indian Affairs shall
include within their curriculum a program of instruction relating to
alcohol and substance abuse prevention and treatment. The Assistant
Secretary shall provide the technical assistance necessary to develop
and implement such a program for students in kindergarten and grades 1
through 12, at the request of--
``(A) any Bureau of Indian Affairs school (subject to the
approval of the school board of such school);
``(B) any school board of a school operating under a
contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297).
``(2) In schools operated directly by the Bureau of Indian Affairs,
the Secretary shall provide for--
``(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be developed
in consultation with the Indian tribe that is to be served by such
program and health personnel in the local community of such tribe.
``(4) Schools requesting program assistance under this subsection
are encouraged to involve family units and, where appropriate, tribal
elders and Native healers in such instructions.
``(k) 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.
``(l)(1)(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 is not a Bureau funded
school, and
``(ii) applications from any tribe or school board of any
Bureau funded school for--
``(I) a school which is not a Bureau funded school;
or
``(II) the expansion of a Bureau funded school
which would increase the amount of funds received by
the Indian tribe or school board under section 6707.
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 funded school, 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 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
available;
``(iii) consistency of available programs with tribal
educational 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 application 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 described
in subparagraph (A), the application shall be treated as having been
approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) 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 Secretary 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.
``(5)(A) 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.
``SEC. 6702. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of the
Department of Education, and in consultation with Indian organizations
and tribes, shall conduct or cause to be conducted by contract with an
Indian organization, a study of the costs applicable to boarding
arrangements for Indian students provided in Bureau and contract and
grant schools, for the purpose of establishing national criteria for
such dormitory situations. Such criteria shall include adult-child
ratios, needs for counselors (including special needs related to off-
reservation boarding arrangements), space, and privacy.
``(b) No later than January 1, 1996, the Secretary shall propose
such criteria, and shall distribute such proposed criteria to the
tribes and publish such proposed criteria in the Federal Register for
the purpose of receiving comments from the tribes and other interested
parties. Within eighteen months of the date of the enactment of this
Act, the Secretary shall establish final criteria, distribute such
criteria to all the tribes, and publish such criteria in the Federal
Register. The Secretary shall revise such criteria periodically as
necessary. Any revisions to the standards established under this
section shall be developed subject to requirements established under
section 6711.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of their
establishment. No later than January 1, 1981, and at each time
thereafter that the annual budget request for Bureau educational
services is presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau and contract
boarding schools up to the criteria established under this section.
Such plan shall include, but not be limited to, predictions for the
relative need for each boarding school in the future, detailed
information on the status of each school in relation to the criteria
established under this section, specific cost estimates for meeting
such criteria at each school, and specific time lines for bringing each
school up to the level required by such criteria.
``(d)(1) The criteria established under this section may be waived
in the same manner as the standards provided under section 6701(c) may
be waived under section 6701(e).
``(2) No school in operation on or before January 1, 1987
(regardless 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, 1996, the Secretary shall submit to
the Congress a report detailing the costs associated with, and the
actions necessary for, complete compliance with the criteria
established under this section.
``(e) There are hereby authorized to be appropriated such sums as
may be necessary in order to bring each school up to the level required
by the criteria established under this section.
``SEC. 6703. REGULATIONS.
``(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 provisions 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 enactment of this
Act, the provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall become
effective unless--
``(1) the regulation has been published as a proposed
regulation 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
requirements of general applicability prescribed by any officer or
employee of the Executive Branch.
``SEC. 6704. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each Bureau
school.
``(b)(1) Except as provided in paragraph (2), on or after July 1,
1985, no attendance area shall be changed or established with respect
to any such school unless the tribal governing body or the local school
board concerned (if so designated by the tribal governing body) has
been (i) afforded at least six months notice of the intention of the
Bureau to change or establish such attendance area, and (ii) given the
opportunity to propose alternative boundaries. Any tribe may petition
the Secretary for revision of existing attendance area boundaries. The
Secretary shall accept such proposed alternative or revised boundaries
unless the Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the needs of the
Indian students to be served or do not provide adequate stability to
all of the affected programs.
``(2) In any case where there is more than 1 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.
``(c) In any case where there is only 1 Bureau operated program
located on an Indian reservation, the attendance area for the program
shall be the boundaries of the reservation served, and those students
residing near the reservation shall also receive services from such
program.
``(d) The Bureau of Indian Affairs shall include in the final rules
the requirement that each appropriate education line officer coordinate
and consult with the affected tribes and relevant school boards in the
establishment of such geographic boundaries.
``SEC. 6705. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all schools,
dormitories, and other facilities operated by the Bureau or under
contract or grant with the Bureau in connection with the education of
Indian children into compliance with all applicable Federal, tribal, or
State health and safety standards, whichever provide greater protection
(except that the tribal standards to be applied shall be no greater
than any otherwise applicable Federal or State standards), and with
section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and with
the Americans with Disabilities Act of 1990, except that nothing in
this section shall require termination of the operations of any
facility which does not comply with such provisions and which is in use
on the date of enactment of this Act.
``(b) By January 1, 1996, and at each time thereafter that the
annual budget request for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of Congress a
detailed plan to bring such facilities into compliance with such
standards. Such plan shall include, but not be limited to, detailed
information on the status of each facility's compliance with such
standards, specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school into
compliance with such standards.
``(c) Within six months of the date of enactment of this Act, the
Secretary shall submit to the appropriate committees of Congress, and
publish in the Federal Register, the system used to establish
priorities for school construction projects. At the time any budget
request for school construction is presented, the Secretary shall
publish in the Federal Register and submit with the budget request the
current list of all school construction priorities.
``(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)(i) If--
``(I) the Secretary fails to publish in the Federal
Register in final form 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 published 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.
``(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 conditions 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 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.
``(e) There are hereby authorized to be appropriated such sums as
may be necessary to carry out subsection (a).
``SEC. 6706. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary for
Indian Affairs all functions with respect to formulation and
establishment of policy and procedure, and supervision of programs and
expenditures of Federal funds for the purpose of Indian education
administered by the Bureau. The Assistant Secretary shall carry out
such functions through the Director of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise the
operations of all personnel directly and substantially involved with
provision of education services by the Bureau, including (but not
limited to) school or institution custodial or maintenance personnel.
The Assistant Secretary for Indian Affairs shall provide for the
adequate coordination between the affected Bureau Offices and the
Office to facilitate the consideration of all contract functions
relating to education. Except as required by section 6709(d), nothing
in this Act shall be construed to require the provision of separate
support services for Indian education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with the first
sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for
education programs with respect to personnel matters involving
staffing actions and functions, and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
and curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual Budget
a plan--
``(A) for school facilities to be constructed under the
system required by section 6705(c);
``(B) for establishing priorities among projects and for
the improvement and repair of education facilities, which
together shall form the basis for the distribution of
appropriated funds; and
``(C) including a 5-year plan for capital improvements.
``(2) The Assistant Secretary shall establish a program, including
the distribution of appropriated funds, for the operation and
maintenance of education facilities. Such program shall include, but
not be limited to--
``(A) a method of computing the amount necessary for each
education facility;
``(B) similar treatment of all Bureau funded schools;
``(C) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate
education line officers; and
``(D) a system for the conduct of routine preventive
maintenance.
The appropriate education line officers shall make arrangements for the
maintenance of education facilities with the local supervisors of the
Bureau maintenance personnel who are under the authority of the agency
superintendent or area directors, respectively. The local supervisors
of Bureau maintenance personnel shall take appropriate action to
implement the decisions made in this regard by the appropriate
education line officers, except that no funds from this program may be
authorized for expenditure unless such appropriate education line
officer is assured that the necessary maintenance has been, or will be,
provided in a reasonable manner. Subject to the requirements of
subsection (b) of this section, nothing in this Act shall be construed
to require the provision of separate operations and maintenance
personnel for the Office.
``(3) The requirements of this subsection shall be implemented no
later than July 1, 1995.
``(e) Any other provision of law notwithstanding, the Director
shall promulgate guidelines for the establishment of mechanisms for the
acceptance of gifts and bequests for the use of, and benefit of,
particular schools or designated Bureau operated education programs,
including, where appropriate, the establishment and administration of
trust funds. When a Bureau operated program is the beneficiary of such
a gift or bequest, the Director shall make provisions for monitoring
its use, and shall report to the appropriate committees of Congress the
amount and terms of such gift and bequest, the use to which it is put,
and any positive results achieved by such action.
``(f) For the purpose of this section the term `functions' includes
powers and duties.
``SEC. 6707. ALLOTMENT FORMULA.
``(a) The Secretary shall establish, by regulation adopted in
accordance with section 6719, a formula for determining the minimum
annual amount of funds necessary to sustain each Bureau funded school.
In establishing such formula, the Secretary shall consider--
``(1) the number of eligible Indian students served and
size of the school;
``(2) special cost factors, such as--
``(A) isolation of the school;
``(B) need for special staffing, transportation, or
educational programs;
``(C) food and housing costs;
``(D) maintenance and repair costs associated with
the physical condition of the educational facilities;
``(E) special transportation and other costs of
isolated and small schools;
``(F) the costs of boarding arrangements, where
determined necessary by a tribal governing body or
designated local school board;
``(G) costs associated with greater lengths of
service by educational personnel; and
``(H) special programs for gifted and talented
students;
``(3) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located; and
``(4) such other relevant factors as the Secretary
determines are appropriate.
Upon the establishment of the standards required by sections 6701 and
6702 of this Act, the Secretary shall revise the formula established
under this subsection to reflect the cost and funding standards so
established. Prior to January 1, 1995, the Secretary shall review the
formula established under this section and shall take such steps as may
be necessary to increase the availability of counseling services for
students in off-reservation boarding schools and other Bureau operated
residential facilities. Concurrent with such action, the Secretary
shall review the standards established under section 6701 of this title
to be certain that adequate provision is made for parental notification
regarding, and consent for, such counseling services.
``(b) Notwithstanding any other provisions of law, Federal funds
appropriated for the general local operation of Bureau funded schools,
shall be allotted pro rata in accordance with the formula established
under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent fiscal year,
the Secretary shall adjust the formula established under subsection (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 enrollment 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)(A) The Secretary shall reserve for national school board
training 0.2 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 1992. If 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) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 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 expenses
and the cost of membership in, and support of, organizations engaged in
activities on behalf of Indian education.
``(3)(A) 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 6204 of the Indian Education Act 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 required
under section 6204(c)(6)(B) of the Indian Education Act of
1988, or
``(ii) the first fiscal year for which an increase 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 adjustment without reducing
allotments made under this section to any school.
``(d) The Secretary shall reserve from the funds available for
distribution for each fiscal year under this section an amount which,
in the aggregate, shall equal 1 percent of the funds available for such
purpose for that fiscal year. Such funds shall be used, at the
discretion of the Director of the Office, to meet emergencies and
unforeseen contingencies affecting the education programs funded under
this section. Funds reserved under this subsection may only be expended
for education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of 1988).
Funds reserved under this subsection shall remain available without
fiscal year limitation until expended. However, the aggregate amount
available from all fiscal years may not exceed 1 percent of the current
year funds. Whenever the Secretary makes funds available under this
subsection, the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased pay
costs attributable to school level personnel shall be distributed under
this section.
``(f) In this section `eligible Indian student' means a student
who--
``(1) is a member of or is at least a \1/4\ degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by the
United States through the Bureau of Indian Affairs to Indians
because of their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged tuition for
attendance at a Bureau or contract school. A student attending a Bureau
school under clause (2)(C) of this subsection may not be charged
tuition.
``(2) The Secretary may permit the attendance at a Bureau school of
a student who is not an eligible Indian student if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's program for
eligible Indian students because of cost, overcrowding, or
violation of standards,
``(B) the school board consents, and
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near the
school site, or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students. The tuition collected is in addition
to the school's allocation under this section.
``(3) The school board of a contract school or grant school may
permit students who are not eligible Indian students under this
subsection to attend its contract school or grant school and any
tuition collected for those students is in addition to funding under
this section.
``(h)(1) The Secretary shall conduct, through contact or
cooperative agreement with an entity having proven expertise in the
field of school finance, and after consultation with tribes and
national Indian organizations, a study to determine the feasibility and
desirability of changing the method of financing for Bureau funded
schools from the weighted student unit formula method in effect on the
date of enactment of this Act to a school based budget system of
financing. The Assistant Secretary shall take such steps as are
necessary to immediately implement this provision.
``(2) For the purposes of this study, the term `school-based budget
system' means a system based upon an initial determination, at each
school site, of the number of students who shall be served at the site,
the needs of those students, the standards which will best meet those
needs (including any standards or conditions reflecting local community
input and the program developed under this part), the personnel profile
necessary to establish such program and the cost (determined on an
actual basis) of funding such a program. Such a system would include
procedures to aggregate the determinations for each school site to
determine the amount needed to fund all Bureau-funded schools, to
prepare a budget submission based upon such aggregate and would provide
for a mechanism for distributing such sums as may be appropriated based
upon the determination at each school site.
``(3) No later than January 20, 1996, the Secretary shall transmit
to the Committees on Education and Labor and Appropriations of the
House of Representatives and the Committees on Indian Affairs and
Appropriations of the Senate of the United States the study required
under this subsection, along with any views or comments of the
Secretary on such study.
``(i) Any other provision of law notwithstanding, at the election
of the 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. The
Assistant Secretary shall take steps as may be necessary to implement
this provision immediately.
``(j) Tuition for the out-of-State students boarding at the
Richfield Dormitory in Richfield, Utah, who attend Sevier County high
schools in Richfield, Utah, may be paid from the Indian School
Equalization Program funds at a rate not to exceed the amount per
Weighted Student Unit for that year for instruction. No additional
administrative cost funds will be added to the grant.
``SEC. 6708. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability of
appropriated funds, provide grants to each tribe or tribal organization
operating a contract or grant 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
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements 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
determined by applying the administrative cost percentage rate of the
tribe or tribal organization to the aggregate of the Bureau elementary
and secondary functions operated by the tribe or tribal organization
for which funds are received from or through the Bureau. The
administrative cost percentage rate determined under subsection (c)
does not apply to other programs operated by the tribe or tribal
organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization, and
``(B) take such actions as may be necessary to be
reimbursed 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
percentage rate for a contract or grant 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 organization 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 \1/
100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant school
as grants under this section for tribal elementary or secondary
educational programs may be combined by the tribe or 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 secondary
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
available to the contract or grant 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.
``(4) In applying this section and section 106 of the Indian Self-
Determination and Education Assistance Act with respect to an Indian
tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract school or a school
operated under the Tribally Controlled Schools Act of 1988, and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal organization
is provided with the full amount of the administrative costs, and of
the indirect costs, that are associated with operating the contract
school, a school operated under the Tribally Controlled Schools Act of
1988, and all of such other programs, except that funds appropriated
for implementation of this section shall be used only to supply the
amount of the grant required to be provided by this section.
``(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 programs by Federal officials using
resources other than Bureau direct program
funds, or
``(II) are otherwise required of tribal
self-determination 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 agencies 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 functions,
together with any other Bureau programs or portions of programs
(excluding funds for social services that are appropriated 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 administrative 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 adequate (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 adequate (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 determined 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 (but not excessive) funding of the
administrative costs of tribal elementary 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
``(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
programs 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 applicability to other such programs, and (if
so) how they may effectively be incorporated into such formula.
``(3) In carrying out the studies required under this subsection,
the Secretary shall obtain the input of, and afford an opportunity to
participate to, the Inspector General of the Department of the
Interior.
``(4) 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 required
administrative services were actually or fully delivered at these
sites, or other services were delivered instead, during the period of
the study.
``(5) Upon completion of the studies conducted under paragraph (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).
``(6) 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.
``(7) 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
appropriated 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
relationship 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) \1/3\ 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 \1/3\ 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) \1/2\ 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 \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under
subsection (b).
``(i) The provisions of this section shall also apply to those
schools operating under the Tribally Controlled Schools Act of 1988.
``SEC. 6709. BUDGET PREPARATION AND SUBMISSION.
``(a) For each fiscal year beginning after October 1, 1994, and
ending before October 1, 1998, the Secretary shall enter into an
interagency agreement with the Secretary of Education for the purpose
of carrying out this section. The Secretary shall take such actions as
are necessary to transfer information requested by the Secretary of
Education or the entity designated under subsection (b) of this section
needed to carry out this section in a timely and accurate fashion.
``(b) The Secretary of Education, through the National Center for
Education Statistics, shall prepare and submit to Congress the study
set forth in subsection (c) of this section no later than January 20,
1995, and January 20 of each of the next 3 succeeding years. The
Secretary of Education shall transmit the report directly and without
substantive amendment to the Secretary of the Interior, the Assistant
Secretary for Indian Affairs of the Department of the Interior, and the
Committees on Education and Labor and Appropriations of the House of
Representatives and the Committees on Indian Affairs and Appropriations
of the Senate of the United States.
``(c)(1) The National Center for Educational Statistics
(hereinafter referred to as the `Center') shall prepare for each of the
fiscal years covered under subsection (a) of this section a report on
the amount needed to achieve academic and residential programs set
forth in this part for Bureau-funded schools funded under section 6707.
Such study shall be based on (A) the standards developed and
implemented for Bureau-funded schools under section 6701 and 6702 of
this part or such other standards as may apply to Bureau-funded
contract schools or schools funded under the Tribally Controlled
Schools Act of 1988, (B) the student count and characteristics of such
schools, as determined pursuant to the formula developed and
implemented pursuant to section 6707 of this part for the preceding
academic year, adjusted for any changes in student demographics which
the Center may project, (C) the employee statistics with respect to
such schools for the preceding fiscal year, and (D) such other factors
as the Center may set forth, including but not limited to age or
physical condition of the schools and changes in isolation.
``(2) Each study shall include a total projected cost for attaining
the standards set forth under paragraph (1), and shall presume
compliance with those standards. Such study shall also include a
projection of the cost for meeting such standards for each Bureau-
funded school. Such study shall also include a report on any shortfall
in the amount needed to fund Bureau-funded schools, as determined by
the study conducted pursuant to this section and the appropriations
amount requested and enacted for the period covered by the study.
``(d)(1) Within 24 months of the date of enactment of this Act, the
Secretary shall establish within the Office of Indian Education
Programs a Division of Budget Analysis (hereinafter referred to as the
`Division'). Such Division shall be under the direct supervision and
control of the Director of the Office.
``(2) The Division shall have the capacity to conduct such studies,
surveys, or other activities as are necessary to gather demographic
information on Bureau-funded schools (current and future) and project
the amount necessary to provide Indian students in such schools the
educational program set forth in this part.
``(3) The Division shall prepare projections on such amounts, along
with such other information as the Director of the Office shall
require, for each fiscal year beginning after October 1, 1996. The
Director of the Office and the Assistant Secretary for Indian Affairs
shall use such reports when preparing their annual budget submissions.
``SEC. 6710. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of this Act,
the Secretary shall establish, by regulation adopted in accordance with
section 6719, a system for the direct funding and support of all
Bureau-funded schools. Such system shall allot funds, in accordance
with section 6707. Amounts appropriated for distribution under this
section may be made available under paragraph (2) or under paragraph
(3), as provided in the appropriation Act.
``(2)(A) For the purpose of affording adequate notice of funding
available pursuant to the allotments made by section 6707, amounts
appropriated in an appropriation Act for any fiscal year shall become
available for obligation by the affected schools on July 1 of the
fiscal year in which they are appropriated without further action by
the Secretary, and shall remain available for obligation through the
succeeding fiscal year.
``(B) The Secretary shall, on the basis of the amount appropriated
in accordance with this paragraph--
``(i) publish, on July 1 preceding the fiscal year for
which the funds are appropriated, allotments to each affected
school made under section 6707 of 85 percent of such
appropriation; and
``(ii) publish, no later than September 30 of such
preceding fiscal year, the allotments to be made under section
6707 of the remaining 15 percent of such appropriation,
adjusted to reflect actual student attendance.
``(3) Notwithstanding any law or regulation, the supervisor of a
Bureau school may expend an aggregate of no more than $35,000 of the
amount allotted the school under section 6707 to acquire supplies and
equipment for the school without competitive bidding if--
``(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, what was acquired and from whom, the prices paid, the
quantities acquired, and any other information the supervisor
or school board considers relevant.
The Director shall be responsible for determining the application of
this paragraph, including the authorization of specific individuals to
carry out this authority, and shall be responsible for the provision of
guidelines on the use of this authority and adequate training on such
guidelines.
``(4) 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 6707 for any fiscal year by more
than 7 percent of the amount of funds available for allotment under
such section 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
``(ii) funds appropriated for any program that has
been curtailed at any Bureau school,
to fund allotments made under section 6707, and
``(B) the Secretary may waive the application of the
provisions of section 6701(h) 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 6707 for
such fiscal year.
``(b) In the case of all Bureau schools, allotted funds shall be
expended on the basis of local financial plans which shall be prepared
by the local school supervisor in active consultation with the local
school board for each school, and the local school board for each
school shall have the authority to ratify, reject, or amend such
financial plan, and expenditures thereunder, and, on its own
determination or in response to the supervisor of the school, to revise
such financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall provide the
appropriate union representative of the education employees with copies
of proposed draft financial plans and all amendments or modifications
thereto, at the same time they are submitted to the local school board.
The supervisor of the school may appeal any such action of the local
school board to the appropriate education officer of the Bureau agency
by filing a written statement describing the action and the reasons the
supervisor believes such action should be overturned. 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
appropriate education officer may, for good cause, overturn the action
of the local school board. The appropriate education officer shall
transmit the determination of such appeal in the form of a written
opinion to such board and to such supervisor identifying the reasons
for overturning such action.
``(c) Funds for self-determination grants under section 103(a)(2)
of the Indian Self-Determination and Education Assistance Act shall not
be used for providing technical assistance and training in the field of
education by the Bureau unless such services are provided in accordance
with a plan, agreed to by the tribe or tribes affected and the Bureau,
under which control of education programs is intended to be transferred
to such tribe or tribes within a specific period of time negotiated
under such agreement. The Secretary may approve applications for
funding tribal divisions of education and the development of tribal
codes of education from funds appropriated pursuant to section 104(a)
of such Act.
``(d) In the exercise of its authority under this section, a local
school board may request technical assistance and training from the
Secretary, and he shall, to the greatest extent possible, provide such
services, and make appropriate provisions in the budget of the Office
for such services.
``(e)(1) A financial plan under subsection (b) for a school may
include, at the discretion of the local administrator and the school
board of such school, a provision for a summer program of academic and
support services for students of the school. Any such program may
include activities related to the prevention of alcohol and substance
abuse. The Assistant Secretary of Indian Affairs shall provide for the
utilization of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds authorized
under the Act of April 16, 1934 (25 U.S.C. 452 et seq.) and the Indian
Education Act may be used to augment the services provided in each
summer program at the option, and under the control, of the tribe or
Indian controlled school receiving such funds.
``(3) The Assistant Secretary of Indian Affairs, acting through the
Director of the Office of Indian Education Programs, shall provide
technical assistance and coordination for any program described in
paragraph (1) and shall, to the extent possible, encourage the
coordination of such programs with any other summer programs that might
benefit Indian youth, regardless of the funding source or
administrative entity of any such program.
``(f)(1) From funds allotted to a Bureau school under section 6707,
the Secretary shall, if specifically requested by the tribal governing
body (within the meaning of section 6701(k)), 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 the school. 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, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided 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.
``(g) Any other provision of law notwithstanding, where there is
agreement on such action between the superintendent and school board of
a B.I.A. funded school, the product or result of a project conducted in
whole or in major part by a student may be given to that student upon
the completion of said project.
``(h) Notwithstanding any other provision of law, funds received by
Bureau funded schools under this title shall not be considered Federal
funds for purposes of meeting a match requirement in any Federal
program.
``SEC. 6711. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the the Secretary and the Bureau,
in carrying out the functions of the Bureau, to facilitate Indian
control of Indian affairs in all matters relating to education.
``(b)(1) All actions under this Act shall be done with active
consultation with tribes.
``(2) The consultation required under paragraph (1) means a process
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 deliberations,
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 programs 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 by the interested parties during 1
or more of the discussions and deliberations, 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 Secretary which is not consistent with the views of the
interested parties.
``SEC. 6712. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and chapter 63
of title 5, United States Code, relating to leave, pay, and
classification, and the sections relating to the appointment, promotion
and removal of civil service employees, shall not apply to educators or
to education positions (as defined in subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date of
enactment of this Act.
``(b) Not later than the effective date of subsection (a)(2), the
Secretary shall prescribe regulations to carry out this section. Such
regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the qualifications of
educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied at
the agency or area level for an education position or who have
applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from among
individuals who have applied at the national level for an
education position and who have expressed interest in working
in an education position anywhere in the United States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to subsection
(b)(2), in order for a tribal member to be hired in an
education position to teach courses on tribal culture and
language and that subject to subsection (d)(2)(A), a
determination by a school board that such a person be hired
shall be followed by the supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to subsection (c)(1)(A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) The Secretary may authorize the temporary employment in an
education position of an individual who has not met the certification
standards established pursuant to regulations, if the Secretary
determines that failure to do so would result in that position
remaining vacant.
``(d)(1) In prescribing regulations to govern the appointment of
educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than
the supervisor of the school) shall be hired by the supervisor
of the school unless there are no qualified applicants
available, in which case the vacant position shall be filed at
the national level from the list maintained pursuant to
subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
superintendent for education of the agency office of the Bureau
in which the school is located, and
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate
agency superintendent for education), the local school board
for the school shall be consulted, and that subject to
subsection (d)(2), a determination by the school board that
such individual should or should not be so employed shall be
followed by the supervisor (or with respect to the position of
supervisor, by the agency superintendent for education); and
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate agency
school board shall be consulted, and that, subject to
subsection (d)(3), a determination by such school board that
such individual should or should not be employed shall be
followed by the agency superintendent for education.
``(2)(A) The supervisor of a school may appeal to the appropriate
agency superintendent for education any determination by the local
school board for the school that an individual be employed, or not be
employed, in an education position in the school (other than that of
supervisor) by filing a written statement describing the determination
and the reasons the supervisor believes such determination should be
overturned. 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, overturn
the determination of the local school board. The superintendent shall
transmit the determination of such appeal in the form of a written
opinion to such board and to such supervisor identifying the reasons
for overturning such determination.
``(B) The superintendent for education of an agency office of the
Bureau may appeal to the Director of the Office any determination by
the local school board for the school that an individual be employed,
or not be employed, as the supervisor of a school by filing a written
statement describing the determination and the reasons the supervisor
believes such determination should be overturned. 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 Director
may, for good cause, overturn the determination of the local school
board. The Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such superintendent
identifying the reasons for overturning such determination.
``(3) The superintendent for education of an agency office of the
Bureau may appeal to the Director of the Office any determination by
the agency school board that an individual be employed, or not be
employed, in an education position in such agency office by filing a
written statement describing the determination and the reasons the
supervisor believes such determination should be overturned. A copy of
such statement shall be submitted to the agency 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 Director
may, for good cause, overturn the determination of the agency school
board. The Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such superintendent
identifying the reasons for overturning such determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's application whether
or not such individual has applied at the national level for an
education position in the Bureau. If such individual is employed at the
local level, such individual's name shall immediately be forwarded to
the Secretary, who shall, as soon as possible but in no event in more
than thirty days, ascertain the accuracy of the statement made by such
individual pursuant to the first sentence of this subparagraph. If the
individual's statement is found to have been false, such individual, at
the Secretary's discretion, may be disciplined or discharged. If the
individual had applied at the national level for an education position
in the Bureau, if the appointment of such individual at the local level
shall be conditional for a period of ninety days, during which period
the Secretary may appoint a more qualified individual (as determined by
the Secretary) from the list maintained at the national level pursuant
to subsection (c)(1)(A)(ii) to the position to which such individual
was appointed.
``(5) Except as expressly provided, nothing in this section shall
be construed as conferring upon local school boards, authority over, or
control of, educators.
``(e)(1) In prescribing regulations to govern the discharge and
conditions of employment of educators, the Secretary shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) educators employed in Bureau schools shall be
notified sixty days prior to the end of the school year whether
their employment contract will be renewed for the coming year.
``(2) The supervisor of a Bureau school may discharge (subject to
procedures established under paragraph (1)(B) for cause (as determined
under regulations prescribed by the Secretary) any educator employed in
such school. Upon giving notice of proposed discharge to an educator,
the supervisor involved shall immediately notify the local school board
for the school of such action. A determination by the local school
board that such educator shall not be discharged shall be followed by
the supervisor. The supervisor shall have the right to appeal such
action to the superintendent for education of the appropriate agency
office of the Bureau. Upon such an appeal, the agency superintendent
for education may, for good cause and in writing to the local school
board, overturn the determination of the local school board with
respect to the employment of such individual.
``(3) Each local school board for a Bureau school shall have the
right (A) to recommend to the supervisor of such school that an
educator employed in the school be discharged, and (B) to recommend to
the superintendent of education of the appropriate agency office of the
Bureau and to the Director of the Office, that the supervisor of the
school be discharged.
``(f)(1) Notwithstanding any provision of the Indian preference
laws, such laws shall not apply in the case of any personnel action
within the purview of this section respecting an applicant or employee
not entitled to Indian preference if each tribal organization concerned
grants, in writing, a waiver of the application of such laws with
respect to such personnel action, where such a waiver is in writing
deemed to be a necessity by the tribal organization, except that this
shall in no way relieve the Bureau of its responsibility to issue
timely and adequate announcements and advertisements concerning any
such personnel action if it is intended to fill a vacancy (no matter
how such vacancy is created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including a
Native village (as defined in section 3(c) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat. 688)); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1139, and which has been delegated by such governing
body the authority to grant a waiver under such subsection with
respect to such personnel action.
``(3) The term `Indian preference laws' means section 12 of the Act
of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any other provision
of law granting a preference to Indians in promotions and other
personnel actions, except that such term shall not be considered to
include section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b); 88 Stat. 2295).
``(g) Subject to the authority of the Civil Service Commission to
determine finally the applicability of chapter 51 of title 5, United
States Code, to specific positions and employees in the executive
branch, the Secretary shall determine in accordance with subsection
(a)(1) the applicability or inapplicability of such chapter to
positions and employees in the Bureau.
``(h)(1)(A) Except as otherwise provided in this section, the
Secretary shall fix the basic compensation or annual salary rate for
educators and education positions at rates comparable to the rates in
effect under the General Schedule for individuals with comparable
qualifications, and holding comparable positions, to whom chapter 51 is
applicable or on the basis of the Federal Wage System schedule in
effect for the locality.
``(B) By no later than October 28, 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 teachers 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 appropriate union representative
of the education employees that is recognized by the Bureau.
``(C) By no later than October 28, 1988, 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)--
``(i) for contracts for the 1989-1990 academic year, at
rates which reflect \1/3\ of the changes in the rates
applicable to such positions on April 28, 1988, that must be
made to conform the rates to the rates established under
subparagraph (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 \2/3\ of such changes.
``(D) The establishment of rates of basic 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 Education Amendments of 1988 in
making determinations regarding 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 an educator who was employed in an
education position on October 31, 1979, and who did not make the
election under paragraph (2) of subsection (o).
``(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 individual
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, except that the individual must use leave
accrued during a contract period by the end of that contract period.
``(F) The President shall include with the budget submitted 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 salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not
been enacted.
``(2) Each educator employed in an education position in Alaska
shall be paid a cost-of-living allowance equal to 25 per centum of the
rate of basic compensation to which such educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to exceed 25
per centum of the rate of basic compensation, on the basis of
conditions of environment or work which warrant additional pay as a
recruitment and retention incentive.
``(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 1 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 compensation 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
retention of employees at the school.
The request under this subparagraph shall be deemed granted as
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 Secretary.
``(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.
``(iii) On or before February 1 of each year, the Secretary shall
submit to Congress a report describing the requests and grants of
authority under this subparagraph during the previous fiscal year and
listing the positions contracted under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to be
covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in
service, from a position under a different leave system to an
education position,
shall be credited for the purpose of the leave system provided under
regulations prescribed pursuant to subsection (b)(10), with the annual
and sick leave to his credit immediately before the effective date of
such election, transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any annual
leave remaining to the credit of an individual within the purview of
this section shall be liquidated in accordance with sections 5551(a)
and 6306 of title 5, United States Code, except that leave earned or
accrued under regulations prescribed pursuant to subsection (b)(10)
shall not be so liquidated.
``(k) In the case of any educator who is transferred, promoted, or
reappointed, without break in service, to a position in the Federal
Government under a different leave system, any remaining leave to the
credit of such person earned or credited under the regulations
prescribed pursuant to subsection (b)(10) shall be transferred to his
credit in the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Civil Service Commission.
``(l) An educator who voluntarily terminates employment with the
Bureau before the expiration of the existing employment contract
between such educator and the Bureau shall not be eligible to be
employed in another education position in the Bureau during the
remainder of the term of such contract.
``(m) In the case of any educator employed in an education position
described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred to
in subsection (g)(2) or (g)(3), section 5533 of title 5, United
States Code, relating to dual compensation, shall not apply to
such educator by reason of any such employment during a recess
period for any such receipt of additional compensation.
``(n) For the purpose of this section--
``(1) The term ``education position'' means a position in
the Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis
principally in a Bureau school and involve--
``(i) classroom or other instruction or the
supervision or direction of classroom or other
instruction;
``(ii) any activity (other than teaching)
which requires academic credits in educational
theory and practice equal to the academic
credits in educational theory and practice
required for a bachelor's degree in education
from an accredited institution of higher
education;
``(iii) any activity in or related to the
field of education notwithstanding that
academic credits in educational theory and
practice are not a formal requirement for the
conduct of such activity; or
``(iv) support services at, or associated
with, the site of the school; or
``(B) are performed at the agency level of the
Bureau and involve the implementation of education-
related programs other than the position for agency
superintendent for education.
``(2) The term ``educator'' means an individual whose
services are required, or who is employed, in an education
position.
``(o)(1) Subsections (a) through (n) of this section apply to an
educator hired after November 1, 1979 (and to an educator who elected
application under paragraph (2)) and to the position in which such
individual is employed. Subject to paragraph (2), the enactment of this
Act shall not affect the continued employment of an individual employed
on October 31, 1979 in an education position, or such individual's
right to receive the compensation attached to such position.
``(2) Any individual employed in an education position on October
31, 1979, may, not later than November 1, 1983, make an irrevocable
election to be covered under the provisions of subsection (a) through
(n) of this section.
``(p)(1) An educator who was employed in an education position on
October 31, 1979, who was eligible to make an election under paragraph
(2) of subsection (o) at that time, and who did not make the election
under paragraph (2) of subsection (o), may not be placed on furlough
(within the meaning of section 7511(a)(5) 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
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 an insufficient amount of funds
available for personnel compensation at such school, as
determined under the financial plan process as determined under
section 1129(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are placed
on furloughs of equal length, except that the supervisor, with
the approval of the local school board (or of the agency
superintendent for education upon appeal under paragraph (2)),
may continue 1 or more educators in pay status if (i) they are
needed to operate summer programs, attend summer training
sessions, or participate in special activities including (but
not limited to) curriculum development committees, and (ii)
they are selected based upon their qualifications, after public
notice of the minimum qualifications reasonably necessary and
without discrimination as to supervisory, nonsupervisory, or
other status of the educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate 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
describing 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 determination.
``SEC. 6713. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1 year
after the date of the enactment of the Indian Education Amendments of
1984, a computerized management information system, which shall provide
information to the Office. Such information shall include but shall not
be limited to--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 6714. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and submit to
all agency and area offices of the Bureau, all tribal governments, and
the appropriate committees of the Congress, a draft set of education
policies, procedures, and practices for education-related action of the
Bureau. The Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and practices
shall be finalized and promulgated. Thereafter, such policies,
procedures, and practices and their periodic revisions, shall serve as
the foundation for future Bureau actions in education.
``SEC. 6715. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the Bureau to
formulate uniform procedures and practices with respect to such
concerns of those divisions as relate to education, and shall report
such practices and procedures to the Congress.
``SEC. 6716. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the recruitment of
qualified Indian educators and a detailed plan to promote employees
from within the Bureau. Such plan shall include opportunities for
acquiring work experience prior to actual work assignment.
``SEC. 6717. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate committee of
the Congress a detailed annual report on the state of education within
the Bureau and any problems encountered in the field of education
during the year. Such report shall contain suggestions for improving
the Bureau educational system and increasing local Indian control of
such system. Such report shall also include the current status of
tribally controlled community colleges. The annual budget submission
for the Bureau's education programs shall, among other things, include
(1) information on the funds provided previously private schools under
section 208 of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 458d; 88 Stat. 2216) and recommendations with respect to
the future use of such funds; (2) the needs and costs of operation and
maintenance of tribally controlled community colleges eligible for
assistance under the Tribally Controlled Community College Assistance
Act of 1978 (92 Stat. 1325; 25 U.S.C. 1801 et seq.) and recommendations
with respect to meeting such needs and costs; and (3) the plans
required by section 1121(f), and 1122(c); and 1125(b) of this Act (25
U.S.C. 2001(f), 2002(c), and 2005(b)).
``(b) The Inspector General of the Department of the Interior shall
establish a system to ensure that financial and compliance audits are
conducted of each Bureau school at least once in every three years.
Audits of Bureau schools shall be based upon the extent to which such
school has complied with its local financial plan under section 1129.
``SEC. 6718. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act, the
Secretary shall prescribe such rules and regulations as are necessary
to insure the constitutional and civil rights of Indian students
attending Bureau schools, including, but not limited to, their right to
privacy under the laws of the United States, their right to freedom of
religion and expression and their right to due process in connection
with disciplinary actions, suspensions, and expulsions.
``SEC. 6719. REGULATIONS.
``Regulations required to be adopted under sections 6706 through
6718 and any revisions of the standards developed under section 6701 or
6702 of this Act shall be deemed rules of general applicability
prescribed for the administration of an applicable program for the
purposes of section 431 of the General Education Provisions Act and
shall be promulgated, submitted for congressional review, and take
effect in accordance with the provisions of such section. Such
regulations shall contain, immediately following each substantive
provision of such regulations, citations to the particular section or
sections of statutory law or other legal authority upon which such
provision is based.
``SEC. 6720. DEFINITIONS.
``For the purpose of this part--
``(1) the term `agency school board' means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill
these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs
of the Department of the Interior;
``(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;
``(4) the term `Bureau school' means a Bureau operated
elementary 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
assistance for its operation under a contract or agreement with
the Bureau under section 102, 103(a), or 208 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450f, 450h(a), and 458d);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to
be provided by each Bureau school;
``(8) the term `grant school' means a school which is
provided assistance under the Tribally Controlled Schools Act
of 1988;
``(9) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of federally
recognized Indian tribes;
``(10) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State agency
which directly operates and maintains facilities for providing
free public education;
``(11) the term `local school board', when used with
respect to a Bureau school, means a body chosen in accordance
with the laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian children
attending the school, except that in schools serving a
substantial number of students from different tribes, the
members shall be appointed by the governing bodies of the
tribes affected; and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes;
``(12) the term `Office' means the Office of Indian
Education Programs within the Bureau;
``(13) the term `Secretary' means the Secretary of the
Interior;
``(14) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(15) the term `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 Alaska Native Claims
Settlement Act (85 Stat. 688) which is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``SEC. 6721. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States Code, the
Secretary may, subject to the approval of the local school board
concerned, accept voluntary services on behalf of Bureau schools.
Nothing in this title shall be construed to require Federal employees
to work without compensation or to allow the use of volunteer services
to displace or replace Federal employees. An individual providing
volunteer services under this section is a Federal employee only for
purposes of chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.
``SEC. 6722. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including laws
relating to dual compensation, the Secretary, at the election of the
employee, shall prorate the salary of an employee employed in an
education position for the academic school-year over the entire twelve
month period. Each educator employed for the academic school-year shall
annually elect to be paid on a twelve month basis or for those months
while school is in session. No educator shall suffer a loss of pay or
benefits, including benefits under unemployment or other Federal or
federally-assisted programs, because of such election.
``(b) During the course of such year the employee may change
election once.
``(c) That portion of the employee's pay which would be paid
between academic school years may be paid in lump sum at the election
of the employee.
``(d) For the purposes of this section the terms ``educator'' and
``education position'' have the meaning contained in section 6712(n)(1)
and (n)(2) of this title. This section applies to those individuals
employed under the provisions of section 6712 of this title or title 5,
United States Code.
``SEC. 6723. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the Secretary may
provide, for each Bureau area, a stipend in lieu of overtime premium
pay or compensatory time off. Any employee of the Bureau who performs
additional activities to provide services to students or otherwise
support the school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend. Such stipend
shall be paid as a supplement to the employee's base pay.
``(b) If an employee elects not to be compensated through the
stipend established by this section, the appropriate provisions of
title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 6712 of this title or title 5, United States
Code.
``SEC. 6724. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal organizations to 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 1 tribe that has less than 500
members, or
``(ii) by 1 or more tribes that have a combined
total membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined total
tribal membership of less than 500 members.
``(c)(1) 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
services that meet identified needs of parents and children
under 6 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.
``(f) For the purpose of carrying out the provisions of this
section, there are authorized to be appropriated $5,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``SEC. 6725. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the Secretary
shall provide grants and technical assistance to tribes for the
development and operation of tribal departments of education for the
purpose of planning and coordinating all educational programs 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 financial 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
section 103(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 technical 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--
``(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 unified application will be equal to the amount of
funds provided 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 programs 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
assumption 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
provided 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.
``(e) For the purpose of carrying out the provisions of this
section, there are authorized to be appropriated $2,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``SEC. 6726. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in 2
payments:
``(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
``(2) For any school for which no payment was made from Bureau
funds in the preceding academic year, full payment of the amount
computed for the first academic year of eligibility under this part
shall be made no later than December 1 of the academic year.
``(3) With regard to funds for grantees that become available for
obligation on October 1 of the fiscal year for which they are
appropriated, the Secretary shall make payments to grantees no later
than December 1 of the fiscal year.
``(4) The provisions of the Prompt Payment Act (31 U.S.C. 3901 et
seq.) shall apply to the payments required to be made by paragraphs
(1), (2), and (3) of this subsection.
(b) Paragraph (3) is amended by striking ``Paragraphs (1) and (2)''
and inserting in lieu thereof ``Paragraphs (1), (2), and (3)'', and is
renumbered as paragraph ``(5)''.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``SEC. 7001. SHORT TITLE.
``This title may be cited as the `Bilingual Education Act'.
``SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans constitute a large and
growing proportion of the Nation's population;
``(2) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
``(5) limited-English-proficient children and youth, like
all other children and youth, have diverse educational needs
and strengths and therefore require access to all educational
programs and services;
``(6) the Federal Government has a responsibility for the
education of American Indians and a special obligation to
Native Alaskans, Native Hawaiians and native residents of the
territories and freely associated nations to redress the effect
of past Federal policies;
``(7) institutions of higher education can assist in
preparing teachers, administrators and other school personnel
to understand and build upon the educational strengths and
needs of language-minority and culturally diverse student
enrollments;
``(8) it is the purpose of this title to help ensure that
limited-English-proficient students master English and develop
high levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and
as international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which deserves
protection and development;
``(11) educational technology has the potential for
improving the education of language-minority and limited-
English-proficient students and their families, and the Federal
Government should foster this development;
``(12) research, development, implementation and
dissemination of effective bilingual education methods,
practices, and programs for limited-English-proficient children
are essential to systemwide school reform that improves
education for all children; and
``(13) a recognized means by which a child learns is
through the use of the child's native language, cultural
heritage, and instructional programs which use and build upon a
child's non-English native language and cultural heritage to
promote parent and community involvement in education, student
self-esteem, proficiency in English, and subject matter
achievement.
``(b) Policy.--The Congress declares it to be the policy of the
United States, in order to ensure equal educational opportunity for all
children and youth and to promote educational excellence, to assist
State and local educational agencies, institutions of higher education,
and community-based organizations to build their capacity to establish,
implement, and sustain programs of instruction for language minority
and limited-English-proficient children and youth.
``(c) Purpose.--The purpose of this title is to educate language
minority and limited-English-proficient children and youth to meet the
same rigorous standards for academic performance expected of all
children and youth, including meeting challenging State performance
standards in academic areas by developing--
``(1) systemic improvement and reform of educational
programs serving language-minority and limited-English-
proficient students through the development and implementation
of exemplary bilingual education programs and special
alternative instruction programs;
``(2) data collection and dissemination, research,
materials development, and technical assistance which is
focused on school improvement for language-minority and
limited-English-proficient students; and
``(3) programs which strengthen and improve the
professional training of educational personnel who work with
limited-English-proficient and language-minority students.
``SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out the provisions
of this title (except part F), there are authorized to be appropriated
$215,000,000 for the fiscal year 1995 and such sums as may be necessary
for each of the fiscal years 1996, 1997, 1998, and 1999.
``(b) Distribution.--From the sums appropriated under subsection
(a) for any fiscal year, the Secretary shall reserve at least 25
percent for part C of this title.
``SEC. 7004. DEFINITIONS; REGULATIONS:
``(a) General Rule.--For purposes of this title--
``(1) The term `native language', when used with reference
to an individual, means the language normally used by such
individuals, or, in the case of a child, the language normally
used by the parents of the child.
``(2) The term `language-minority' means--
``(A) individuals whose native language is other
than English;
``(B) individuals who usually speak a language
other than English or come from home environments where
a language other than English is usually spoken; or
``(C) American Indians, Alaskan Natives, and Native
Hawaiians and native residents of the territories and
freely associated nations.
``(3) The term `limited-English-proficient' means a
language-minority person who has difficulty understanding,
speaking, reading, or writing the English language at a level
appropriate to his or her age and grade and is, thereby,
academically disadvantaged in programs conducted exclusively in
English.
``(4) The term `bilingual education' refers to educational
programs for limited-English-proficient students which make
instructional use of both English and a student's native
language. Programs of bilingual education must enable limited-
English-proficient students to achieve English proficiency and
academic mastery of subject matter content and higher order
skills, including critical thinking, so as to meet age-
appropriate grade-promotion and graduation standards in concert
with national education goals. Bilingual education programs may
also develop the native language skills of limited-English-
proficient students, or ancestral languages of American
Indians, Alaskan Natives, Native Hawaiians and native residents
of the territories and freely associated nations. English
proficient students may participate in bilingual education
programs if the programs are designed to enable all enrolled
students to become proficient in English and a second language.
``(5) The term `special alternative instructional program'
refers to educational programs for limited-English-proficient
students which utilize specially designed English language
curricula and services but do not use the student's native
language for instructional purposes. Special alternative
instructional programs must enable limited-English-proficient
students to achieve English proficiency and academic mastery of
subject matter content and higher order skills, including
critical thinking so as to meet age-appropriate grade-promotion
and graduation standards in concert with national education
goals. Special alternative instructional programs are suitable
for schools where the diversity of the limited-English-
proficient students' native languages and the small number of
students speaking each respective language makes bilingual
education impractical and where there is a critical shortage of
bilingual education teachers.
``(6) The term `family education programs' refers to
bilingual education or special alternative instructional
programs designed to help limited-English-proficient adults and
out-of-school youths achieve proficiency in the English
language and to provide instruction on how parents and family
members can facilitate the educational achievement of their
children. When feasible, instructional programs such as the
model developed under the Even Start Literacy Programs that
promote adult literacy and train parents to support the
educational growth of their children shall be developed.
Programs shall give preference to participation by parents and
immediate family members of children attending school. Family
education programs may also provide instruction to facilitate
higher education and employment outcomes.
``(7) The term `institution of higher education' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965.
``(8) The term `Office' means the Office of Bilingual
Education and Minority Languages Affairs.
``(9) The term `community college' has the meaning given
such term in section 1201(a) of the Higher Education Act of
1965 for an institution which provides not less than a 2-year
program which is acceptable for full credit toward a bachelor's
degree, including institutions receiving assistance under the
Tribally Controlled Community College Assistance Act of 1978.
``(10) The term `paraprofessional' means an individual who
is employed in preschool or elementary or secondary school
under the supervision of a certified or licensed teacher,
including individuals employed in bilingual education, special
education and migrant education.
``(11) The term `other programs for persons of limited-
English-proficiency' means any programs administered by the
Secretary that serve persons of limited-English-proficiency.
``(12) The term `community-based organization' means a
private nonprofit organization or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in the
community. The term `community-based organization' includes
Native Hawaiian organizations (including Native Hawaiian
education organizations) as defined in section 4009 of Public
Law 100-297).
``(13) The term `children and youth' means individuals aged
3 through 21.
``(14) The term `immigrant children and youth' means
individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending 1 or more schools in
any 1 or more States for more than 2 full academic
years.
``(b) Regulation Rule.--In developing regulations under this title,
the Secretary shall consult with State and local educational agencies,
organizations representing limited-English-proficient individuals, and
organizations representing teachers and other personnel involved in
bilingual education.
``(c) Parental Notification.--Parents of children and youth
participating in programs assisted under this title shall be informed
of--
``(1) a student's level of English proficiency, how it was
assessed, the status of a student's academic achievement and
the implications of a student's educational strengths and needs
for age and grade appropriate academic attainment, promotion,
and graduation;
``(2) what programs are available to meet the student's
educational strengths and needs and how the programs differ in
content and instructional goals, and in the case of a disabled
student, how the program meets the objectives of a student's
individualized education program;
``(3) the instructional goals of the bilingual education or
special alternative instructional program, and how the program
will specifically help the limited-English-proficient student
acquire English and meet age-appropriate standards for grade-
promotion and graduation, including--
``(A) the benefits and nature of the bilingual
educational program and of the instructional
alternatives; and
``(B) the reasons for the selection of their child
as being in need of bilingual education.
``(4)(A) Parents shall also be informed that they have the
option of declining enrollment of their children and youth in
such programs and shall be given an opportunity to do so if
they so choose.
``(B) Local educational agencies are not relieved of any of
their obligations under title VI of the Civil Rights Act of
1964 because parents choose not to enroll their children in
bilingual education programs.
``(5) Parents must receive, in a manner and form
understandable to them, including, if necessary and to the
extent feasible, in their native language, the information
required by this subsection. At a minimum, parents must
receive--
``(A) timely information about projects funded
under this part; and
``(B) if the parents of participating children so
desire, notice of opportunities for regular meetings
for the purpose of formulating and responding to
recommendations from such parents.
``(6) no action may involve the admission or exclusion of
students to or from any federally assisted education program
merely on the basis of the surnames or language-minority status
of such students.
``SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN SCHOOLS.
``(a) Eligible Entities.--For the purpose of carrying out programs
under this title for individuals served by elementary, secondary, or
postsecondary schools operated predominately for Indian or Alaska
Native children and youth, an Indian tribe, a tribally sanctioned
educational authority, or an elementary or secondary school that is
operated or funded by the Bureau of Indian Affairs shall 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 Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that 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--
``(A) any department or division of education
operating within the administrative structure of the
duly constituted governing body of an Indian tribe; or
``(B) any nonprofit institution or organization
that is--
``(i) chartered by the governing body of an
Indian tribe to operate any such school or
otherwise to oversee the delivery of
educational services to members of that tribe;
and
``(ii) approved by the Secretary for the
purpose of this section.
``(b) Bureau of Indian Affairs Schools.--From the sums appropriated
pursuant to section 7003, the Secretary is authorized to make payments
to applicants to carry out programs of bilingual education or special
alternative instruction for Indian children served by elementary and
secondary schools operated or funded by the Bureau of Indian Affairs.
``(c) Annual Report.--(1) The Assistant Secretary of the Interior
for the Bureau of Indian Affairs in collaboration with the Secretary
shall submit to the Congress, the President, and the Secretary, by
September 30 of each year, a report which provides--
``(A) an assessment of the educational outcomes and needs
of Indian children with respect to the purposes of this title
in schools operated or funded by the Department of the
Interior, including tribes and local educational agencies
receiving assistance under the Johnson-O'Malley Act and the
Native American Languages Act; and
``(B) 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.
``(2) The results presented in this report shall be included in the
report under section 7041 of this Act.
``(3) The assessments required under this subsection shall be
waived if such assessments duplicate similar assessment requirements
under other Federal or tribal laws.
``SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED
NATIONS.
``For the purpose of carrying out programs under this title in Guam
and the freely associated nations, the term `local educational agency'
shall include public institutions or agencies whose mission is the
preservation and maintenance of native languages.
``PART A--BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
``SEC. 7101. PURPOSE OF GRANTS.
``Grants under this part shall be used to develop the capacity of
local educational agencies, institutions of higher education, and
community-based organizations which provide educational programs to
initiate, develop, enhance or improve bilingual education or special
alternative instruction programs for children and youth of limited-
English-proficiency.
``SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop and
implement new comprehensive, coherent, and successful bilingual
education or special alternative instructional programs for limited-
English-proficient students including programs of early childhood
education, K-12 education, gifted and talented education, and
vocational and applied technology education.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
development and implementation grants of up to $100,000
annually for 3 years with 1 additional year upon the
Secretary's approval.
``(2) Grants approved under this section shall be used to
improve the education of limited-English-proficient students
and their families by--
``(A) developing and implementing comprehensive
preschool, elementary, or secondary bilingual education
or special alternative instructional programs that are
coordinated with other relevant programs and services
to meet the full range of educational needs of limited-
English-proficient students; and
``(B) providing in service training to classroom
teachers, administrators, and other school or
community-based organizational personnel to improve the
instruction and assessment of language-minority and
limited-English-proficient students.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by--
``(A) implementing family education programs and
activities; and
``(B) improving the instructional program for
limited-English-proficient students by upgrading
curriculum, instructional materials, and assessment
procedures and, if appropriate, applying educational
technology.
``(c) Eligible Entities.--A grant may be made under this section
only upon application by one or more local educational agencies,
applying alone or in collaboration with an institution of higher
education, community-based organization or local or State educational
agency. A grant may also be made under this section upon application by
a community-based organization which is agreed to by the local
educational agency to develop and implement early childhood education
or family education programs or to conduct an instructional program
which supplements the educational services provided by a local
educational agency.
``(d) Distribution.--The Secretary shall, to the extent
practicable, award grants equally among early childhood education,
elementary education, and secondary education programs.
``SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out highly
focused, innovative, locally designed projects to expand or enhance
existing bilingual education or special alternative instructional
programs for limited-English-proficient students.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
enhancement project grants of up to $100,000 for 2 years to
eligible applicants.
``(2) Grants approved under this section shall be used for
providing in-service training to classroom teachers,
administrators, and other school or community-based
organization personnel to improve the instruction and
assessment of language-minority and limited-English-proficient
students.
``(3) Grants approved under this section may be used for--
``(A) improving the instructional program for
limited-English-proficient students by upgrading
curriculum, instructional materials, and assessment
procedures and, if appropriate, applying educational
technology;
``(B) implementing family education programs and
activities; and
``(C) providing intensified instruction.
``(c) Eligible Entities.--A grant may be made under this section
only upon application by one or more local educational agencies,
applying alone or in collaboration with an institution of higher
education, community-based organization or local or State educational
agency. A grant also may be made under this section upon application by
a community-based organization which is agreed to by the local
educational agency to enhance early childhood education or family
education programs or to conduct an instructional project which
supplements the educational services provided by a local educational
agency.
``SEC. 7104. WHOLE-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to provide financial
assistance to eligible applicants to reform, restructure, and upgrade
all relevant programs and operations within an individual school to
fulfill the comprehensive educational needs of all of a school's
limited-English-proficient students and their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $100,000 for the first year and up to $250,000 for each
of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section shall be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading in-
service training for all school staff and, if appropriate, for
community-based organization personnel.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by reviewing, restructuring, and upgrading--
``(A) the school's instructional program for
limited-English-proficient students including
curriculum, instructional materials, and assessment
systems, and, if appropriate, the application of
educational technology;
``(B) family education programs and activities; and
``(C) intensified instruction.
``(4) During the first year of the grant, a priority is
established in use of funds for preparatory activities
including planning, training, curriculum development, and
materials acquisition or development.
``(c) Eligible Entities.--A grant may be made under this section
only upon application by one or more local educational agencies,
applying alone or in collaboration with an institution of higher
education, community-based organizations or local or State educational
agency.
``SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to provide financial
assistance to improve, reform, and upgrade relevant programs and
operations with an entire local educational agency to fulfill the
comprehensive educational needs of all the agency's limited-English-
proficient students and, to the extent feasible, their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $1,000,000 for the first year and up to $5,000,000 for
each of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section may be used during
the first 12 months exclusively for activities preparatory to
the delivery of services.
``(3) Grants approved under this section may be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading--
``(A) educational goals, curriculum guidelines and
content, standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and
assignment;
``(C) student grade-promotion and graduation
requirements;
``(D) student assignment policies and practices;
``(E) program delivery standards, management
information and accountability systems;
``(F) instructional and extracurricular programs
and services; and
``(G) application of educational technology.
``(c) Eligible Entities.--A grant may be made under this section
only upon application by one or more local educational agencies,
applying alone or in collaboration with an institution of higher
education, community-based organization or local or State educational
agency.
``(d) Priority.--The Secretary shall give priority to applications
from--
``(1) applicants which enroll a large percentage or large
number of limited-English-proficient students; and
``(2) consortia of eligible applicants to serve limited-
English-proficient students in rural and linguistically
isolated settings.
``SEC. 7106. APPLICATIONS.
``(a) Submission.--To receive a grant under this part, applicants
shall submit an application to the Secretary in such form and
containing such information as the Secretary may require:
``(1) An application for a grant under this part shall be
developed in consultation with, and shall provide for the
continuing involvement of, an advisory council which shall be
composed of representatives responsible for implementing grant
activities and of parents and other relatives of the children
to be served in such programs; parents shall comprise a
majority of all council members.
``(2) All applicants for grants under this part, except for
those applicants identified in section 7005, shall submit a
copy of the application to the relevant State educational
agency. The State educational agency may submit to the
Secretary written comments on the application with respect to
how the applications further State education improvement plans
including any developed under Goals 2000: Educate America Act
(if such plans exist) or title I of this Act. If the State
educational agency of a State submits written comments on any
application, it must submit written comment on all applications
within that same grant category from within that State. The
Secretary shall take comments into consideration when funding
applications under this part.
``(b) Required Documentation.--Such application shall include
documentation that the applicant has the qualified personnel required
to develop, administer, and implement the proposed program.
``(c) Contents.--(1) An application for a grant under this part
shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of limited-
English-proficiency in the school or district to be served and
their characteristics, such as language spoken, dropout rates,
proficiency in English and the native language, academic
standing in relation to their English proficient peers, and,
where applicable, the recency of immigration.
``(B) A description of the program to be implemented and
how its design--
``(i) relates to the linguistic and academic needs
of the children and youth of limited-English-
proficiency to be served;
``(ii) is consistent with, and promotes the goals
in, the local educational agency plan under title III
of the Goals 2000: Educate America Act, if such plan
exists, and the local educational agency's plan under
title I of this Act, particularly as those plans relate
to the education of children and youth of limited-
English-proficiency;
``(iii) involves the parents of the children and
youth of limited-English-proficiency to be served;
``(iv) ensures accountability in the expected
student outcomes; and
``(v) promotes coordination of services for the
children and youth of limited-English-proficiency to be
served and their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher education,
community-based organizations, local or State educational
agencies, private schools, nonprofit organizations, or
businesses in carrying out the proposed program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that it expends for bilingual
education or special alternative instruction programs if it
receives an award under this part.
``(E) A budget for grant funds.
``(2) An application for a grant under section 7102 or 7104 shall
also contain a description of the instructional program, student
services, in-service training, and family education programs to be
provided under the grant.
``(3) An application for a grant under section 7103 shall also
contain the following:
``(A) A description of the existing bilingual education or
special alternative instruction program which the project is
designed to enhance.
``(B) A description of the proposed project activities.
``(4) An application for a grant under section 7105 shall also
contain a description of the activities which would be carried out
under the grant.
``(d) Approval of Applications.--An application for a grant under
this part may be approved only if the Secretary determines that--
``(1) the program will use qualified personnel, including
those personnel who are proficient in the language or languages
used for instruction;
``(2) in designing the program for which application is
made, the needs of 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 that the program is intended to address, after
consultation with appropriate private school officials,
provision has been made for the participation of such children
on a basis comparable to that provided for public school
children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited-English-
proficient students, and that limited-English-proficient
students who are disabled are identified and served in
accordance with the requirements of the Individuals with
Disabilities Education Act;
``(4) 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 such Federal funds,
would have been expended for special programs for children of
limited-English-proficient individuals and in no case to
supplant such State and local funds, except that nothing in
this paragraph shall 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 services 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;
``(5) 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
students 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;
``(6) the applicant provides for utilization of the State
and national dissemination sources for program design and in
dissemination of results and products.
``(e) Special Consideration and Priorities.--
``(1) Students may participate in any program receiving
funds under this part for the duration of the program.
``(2) The Secretary shall give priority to applications
which provide for the development of bilingual proficiency for
all participating students.
``(3) Grants for special alternative instructional programs
shall not exceed 25 percent of the funds provided for any type
of grant under any section or of total funds provided under
this part.
``(4) Notwithstanding paragraph (3), the Secretary may
award grants for special alternative instructional programs if
an applicant has demonstrated that they cannot develop and
implement a bilingual education program for the following
reasons:
``(A) Where the diversity of the limited-English-
proficient students' native languages and the small
number of students speaking each respective language
makes bilingual education impractical.
``(B) Where, despite documented convincing efforts,
the applicant has not been able to hire instructional
personnel who are able to communicate in the students'
native language.
``(5) In approving applications under this part, the
Secretary shall give 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 local and State
educational agency, or business.
``(6) The Secretary shall ensure that projects funded under
this part address the full needs of school systems of all sizes
and geographical areas, including rural schools.
``(7) The Secretary shall give priority to applications
providing training for personnel participating in or preparing
to participate in the program which will assist them in meeting
State and local certification requirements and that, to the
extent possible, college or university credit will be awarded
for such training.
``SEC. 7107. INTENSIFIED INSTRUCTION.
``In carrying out this part, each grant recipient may intensify
instruction for limited-English-proficient students by--
``(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities, during
times when school is not routinely in session.
``SEC. 7108. CAPACITY BUILDING.
``Each recipient of a grant under this part shall use its grant in
ways that will build its capacity to continue to offer high-quality
bilingual and special alternative education programs and services to
children and youth of limited-English-proficiency once Federal
assistance is reduced or eliminated.
``SEC. 7109. SUBGRANTS.
``A local educational agency that receives a grant under this part
may, with the approval of the Secretary, make a subgrant to, or enter
into a contract with, an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out an approved
program, including a program to serve out-of-school youth.
``SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.
``To the extent possible, the Secretary shall award funds under
this part throughout the Nation in a manner that reflects the
geographic distribution of children and youth of limited-English-
proficiency.
``SEC. 7111. 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, evaluation, and testing designed for children and youth of
limited-Spanish proficiency.
``SEC. 7112. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this part shall
provide the Secretary with an evaluation, in the form prescribed by the
Secretary, of its program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by a
grantee--
``(1) for program improvement;
``(2) to further define the local program's goals and
objectives; and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) student outcome indicators that measure progress
toward the performance standards set out in the State's plan,
either approved or being developed, under title III of the
Goals 2000: Educate America Act, or, if the State does not have
an approved plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan, with the State
plan approved or being developed under section 1111 of this
Act, including data comparing children and youth of limited-
English-proficiency with non-limited-English-proficient
children and youth with regard to school retention, academic
achievement, and gains in English (and, where applicable,
native language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management and
effectiveness, including data on appropriateness of curriculum
in relationship to grade and course requirements,
appropriateness of program management, appropriateness of the
program's staff professional development, and appropriateness
of the language of instruction;
``(3) program context indicators that describe the
relationship of the activities funded under the grant to the
overall school program and other Federal, State, or local
programs serving children and youth of limited-English-
proficiency; and
``(4) such other information as the Secretary may require.
``PART B--RESEARCH AND DISSEMINATION
``SEC. 7201. USE OF FUNDS.
``The Secretary is authorized to conduct data collection,
dissemination, research, and evaluation activities through the Office
of Bilingual Education and Minority Languages Affairs for the purpose
of improving bilingual education and special alternative instruction
programs for children and youth of limited-English-proficiency.
``SEC. 7202. RESEARCH.
``(a) Research Activities.--The Secretary shall support through
competitive grants contracts and cooperative agreements to institutions
of higher education, nonprofit and for-profit organizations, and local
and State educational agencies, funds for research with a practical
application to teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in improving the education
of limited-English-proficient students and their families.
``(b) Authorized Activities.--
``(1) The Secretary may conduct research activities that
include--
``(A) identifying criteria for the establishment,
use and monitoring of local, State, or national
education goals, content, performance and delivery
standards, and assessments for all students that
provide for appropriate, valid, reliable, and fair
participation by limited-English-proficient and
language-minority students;
``(B) identifying determinants of appropriate high
quality secondary school programs for limited-English-
proficient students, and high quality curriculum-
related instructional materials;
``(C) identifying determinants of appropriate high
quality early childhood development programs for
limited-English-proficient children, including
families, and appropriate high quality materials;
``(D) studies to identify models of effective
program coordination that support students while in
transition to English language classrooms that develop
and maintain high levels of proficiency in the native
languages and English;
``(E) studies of effective curricula and
instructional strategies for the development and
maintenance of high levels of student proficiency in
both their native language and English, including the
role of family, community, and career contexts;
``(F) identification of strategies for effective
participation by limited-English-proficient parents in
their children's education for attainment of
educational excellence;
``(G) identifying methods of improving
classification, placement, and services to limited-
English-proficient students including, but not limited
to their participation in early childhood development
programs, title I, special education, foreign language
education, and gifted and talented education;
``(H) identification of methods for effective
delivery of bilingual education to rural schools and in
the less-commonly-taught languages using educational
technology and electronic communications networks;
``(I) identification of trends in demand for
language skills and of career opportunities for
individuals with high levels of proficiency in English
and a second language; and
``(J) establishing through the National Center for
Education Statistics and in consultation with the
Office of Bilingual Education and Minority Languages
Affairs, and experts in bilingual education, second
language acquisition and English-as-a-second language,
a common definition of `limited-English-proficient
student' for purposes of national data collection.
``(c) Field-Initiated Research.--The Secretary shall reserve at
least 5 percent of the funds available under this section for field-
initiated research by current or recent recipients of grants under
parts A or C of this title. Research must be conducted by current grant
recipients or by former recipients who have received such grants within
the previous 5 years. Field-initiated research may provide for
longitudinal studies of students or teachers in bilingual education,
monitoring the education of such students from entry in bilingual
education through high school completion. Applicants may submit an
application for field-initiated research at the same time as
applications are submitted under part A or part C. The Secretary shall
complete a review of such applications on a timely basis to allow
research and program grants to proceed in coordination where
appropriate.
``(d) Consultation.--The Secretary shall consult with agencies and
organizations that are engaged in bilingual education research and
practice, or related research, and bilingual education researchers and
practitioners to identify areas of study and activities to be funded
under this section.
``(e) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Bilingual
Education and Minority Language Affairs and the Office of
Educational Research and Improvement.
``(f) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited-English-proficient students
as part of the data systems operated by the Department.
``SEC. 7203. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter into
contracts and cooperative agreements with, State and local educational
agencies, nonprofit organizations, and institutions of higher education
to promote the adoption and implementation of bilingual education,
special alternative instruction programs, and professional development
programs that demonstrate great promise of assisting children and youth
of limited-English-proficiency to meet challenging State standards.
``(b) Applications.--(1) An entity desiring to receive an award
under this section shall submit an application to the Secretary in such
form, at such time, and containing such information and assurances as
the Secretary may require.
``(2) The Secretary shall use a peer review process, using
effectiveness criteria that the Secretary shall establish, to review
applications under this section.
``(c) Use of Funds.--Funds under this section shall be used to
enhance the capacity of States and local education agencies to provide
high quality academic programs for children and youth of limited-
English-proficiency, which may include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section shall
coordinate their activities with those carried out by comprehensive
technical assistance centers under title II of this Act.
``SEC. 7204. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to make an
award to a State educational agency that demonstrates, to the
satisfaction of the Secretary, that its approved plan under title III
of the Goals 2000: Educate America Act, if such plan exists, or, if
such plan does not exist, its plan under title I of this Act,
effectively provides for the education of children and youth of
limited-English-proficiency within the State.
``(b) Payments.--The amount paid to a State educational agency
under subsection (a) shall not be less than $100,000 nor greater than 5
percent of the total amount awarded to local educational agencies
within the State under part A of this title for the previous fiscal
year.
``(c) Use of Funds.--(1) A State educational agency shall use funds
for programs authorized by this section to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's language-minority and
limited English-proficient populations and the educational
programs and services available to these populations.
``(2) The State educational agency may also use funds for the
training of State educational agency personnel in educational issues
affecting limited-English-proficient children and youth.
``(3) Recipients of awards under this section shall not restrict
the provision of services under this section to federally-funded
programs.
``(d) State Consultation.--A State educational agency receiving
funds under this section shall consult with recipients of grants under
this title and other individuals or organizations involved in the
development or operation of programs serving limited-English-proficient
children or youth to ensure that funds are used in a manner consistent
with the requirements of this title.
``(e) Applications.--A State educational agency desiring to receive
an award under this section shall submit an application to the
Secretary in such form, at such time, containing such information and
assurances as the Secretary may require.
``(f) 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 to 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.
``(g) Report to the Secretary.--State educational agencies
receiving grants under this section shall provide for the annual
submission of a summary report to the Secretary containing information
on such matters as the Secretary shall, by regulation, determine
necessary and proper to achieve the purposes of this title, including
information on State capacity and progress in meeting the education
needs of all limited-English-proficient children, plans for additional
action, the effect of standards and assessments in improving their
education. Such reports shall be in such form and shall be submitted on
such date as the Secretary shall specify by regulation.
``SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and support the
operation of a National Clearinghouse for Bilingual Education, which
shall collect, analyze, synthesize, and disseminate information about
bilingual education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
ERIC system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and
systems; and
``(3) develop a data base management and monitoring system
for improving the operation and effectiveness of funded
programs.
``SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development, publication
and dissemination of high quality instructional materials in Native
American, Native Hawaiian and other languages for which instructional
materials are not readily available. The Secretary shall give priority
to the development of instructional materials in languages indigenous
to the United States, its territories, and freely associated nations.
The Secretary shall also accord priority to applications which provide
for developing and evaluating materials in collaboration with
activities under parts A and C of this title and which are consistent
with national and State content standards.
``SEC. 7207. EVALUATION ASSISTANCE CENTERS AND MULTIFUNCTIONAL RESOURCE
CENTERS.
``(a) Transition.--The Secretary shall extend grants or contracts
for Evaluation Assistance Centers and Multifunctional Resource Centers
that are in effect on the date of enactment of the Improving America's
School Act through fiscal year 1996.
``(b) Continuity of Services.--(1) The Secretary shall ensure that
the comprehensive regional technical assistance centers authorized
under title II of this Act provide services which are at least equal in
volume, scope, and quality to those provided by Evaluation Assistance
Centers and Multifunctional Resource Centers.
``(2) The Secretary shall ensure that the comprehensive regional
technical assistance centers authorized under title II of this Act, as
amended by the Improving America's School Act, provide services which
enable children and youth of limited-English-proficiency to meet
challenging State and National standards.
``(3) The Secretary shall ensure that the comprehensive technical
assistance centers authorized under title II of this Act are
established with consideration given to the geographic and linguistic
distribution of children and youth of limited-English-proficiency.
``(c) Gifts, Bequests, and Devises.--The entities may accept (but
not solicit), use, and dispose of gifts, bequests, or devises of
services or property, both real and personal for the purpose of aiding
or facilitating the work of entities under this section. Gifts,
bequests, or devises of money and proceeds from sales of other property
received as gifts, bequests or devises shall be deposited in the
Treasury and shall be available for disbursement upon order of the
national clearinghouse on bilingual education, the Evaluation and
Assistance Center or Multifunctional Resource Center, respectively.
``PART C--BILINGUAL EDUCATION TEACHER TRAINING
``SEC. 7301. PURPOSE.
``The purpose of this part is to assist in preparing educators to
improve the delivery of educational services to language-minority and
limited-English-proficient children and youth. This part supports the
training of all educational personnel to serve more effectively
limited-English-proficient students. The goal of this part is to
provide for the training of not less than 50,000 teachers who meet
professional preparation and certification standards for bilingual
education teachers by the year 2000.
``SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide for the
incorporation of courses and curricula on appropriate and effective
instructional and assessment methodologies, strategies and resources
specific to limited-English-proficient and language-minority students
into education personnel preparation programs for teachers, counselors,
administrators and other education personnel.
``(b) Authorization.--The Secretary shall award grants for up to 5
years to institutions of higher education, local educational agencies,
and State educational agencies or to nonprofit organizations which have
entered into consortia arrangements with one of such institutions,
agencies, or organizations.
``(c) Permissible Activities.--Activities conducted under this
section may include the development of training programs in
collaboration with training under titles I and II of this Act, the Head
Start Act, and other relevant programs.
``(d) Priority.--The Secretary shall give priority to applications
from institutions of higher education which currently operate, with
full-time tenured faculty, programs to prepare educators and
administrators to work with language-minority and limited-English-
proficient students in bilingual education settings and from
institutions of higher education which are attempting to start
bilingual teacher training programs if such institutions demonstrate a
significant commitment in financial and human resources, including cash
and in-kind. The Secretary shall give special consideration to
applications for such programs which provide training of secondary
school teachers or early childhood development teachers. Such special
consideration would not disallow the funding of applications for
exemplary programs for the training of elementary school teachers.
``SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.
``(a) Purpose.--The purpose of this section is to provide for
degree programs to prepare new bilingual education teachers,
administrators, counselors, and other educational personnel to meet
high professional standards for bilingual education teachers and to
increase the availability of educators to provide high quality
education limited-English-proficient students.
``(b) Authorization.--The Secretary shall award grants for up to 5
years to institutions of higher education in consortia with local or
State educational agencies.
``SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is to upgrade the
qualifications and skills of non-certified educational personnel,
especially educational paraprofessionals, to meet high professional
standards, including certification and licensure as bilingual education
teachers and other educational personnel who serve limited-English-
proficient students, through collaborative training programs operated
by institutions of higher education and local and State educational
agencies. Grants for programs under this section may also provide for
collaborative programs operated by institutions of higher education and
secondary schools which are designed to recruit and train secondary
school students as bilingual education teachers and other educational
personnel to serve limited-English-proficient students.
``(b) Authorization.--The Secretary shall award grants of up to 5
years for bilingual education career ladder programs to institutions of
higher education applying in consortia with local or State educational
agencies; consortia may include community-based organizations or
professional education organizations.
``(c) Activities.--Grants funded under this section may--
``(1) include the development of bilingual education career
ladder program curricula appropriate to the needs of the
consortium participants;
``(2) provide assistance for stipends and costs related to
tuition, fees and books for enrolling in courses required to
complete degree and certification requirements as bilingual
education teachers; and
``(3) include programs to introduce secondary school
students to careers in bilingual education teaching that are
coordinated with other activities under this program.
``(d) Special Consideration.--The Secretary shall give special
consideration to applications under this section which provide for--
``(1) participant completion of baccalaureate and masters
degree teacher education programs, certification and may
include effective employment placement activities;
``(2) development of teacher proficiency in English and a
second language, including required demonstration of
proficiency in the instructional use of English and a second
language in classroom contexts;
``(3) coordination with Trio, the Teacher Corps, National
Community and Service Trust Act, Mini Corps, and other programs
for the recruitment and retention of bilingual students in
secondary and post-secondary programs to train as bilingual
educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM.
``(a) Authorization.--The Secretary may award fellowships for
masters, doctoral, and post-doctoral study related to instruction of
children and youth of limited-English-proficiency in such areas as
teacher training, program administration, research and evaluation, and
curriculum development, and for the support of dissertation research
related to such study. For fiscal year 1994 not less than 500
fellowships leading to a masters or doctorate degree shall be awarded
under this section, rising each subsequent year of this authorization
by not less than 50. The Secretary shall include information on the
operation and the number of fellowships awarded under the fellowship
program in the report required under section 7401 of this title.
``(b) Fellowship Requirements.--(1) Any person receiving a
fellowship under this section shall agree to--
``(A) work in an activity related to the program or in an
activity such as those authorized under this title, including
work as a bilingual education teacher, for a period of time
equivalent to the period of time during which such person
receives assistance under this title; or
``(B) repay such assistance.
``(2) The Secretary shall establish in regulations such terms and
conditions for such agreement as the Secretary deems reasonable and
necessary and may waive the requirement of paragraph (1) in
extraordinary circumstances.
``(c) The Secretary may give priority to institutions of higher
education that demonstrate experience in assisting fellowship
recipients find employment in the field of bilingual education.
``SEC. 7306. APPLICATIONS.
``(a) In General.--Each applicant or consortium that desires to
receive a grant under this part shall submit an application to the
Secretary and the State educational agency or State board for higher
education as appropriate, at such time and in such manner as the
Secretary shall prescribe. The application shall demonstrate
integration, where appropriate, with the State and local plans, if such
plans exist, for serving limited-English-proficient students. The State
and local educational agency, and where applicable the State board for
higher education, may comment in writing on the application indicating
how the application furthers State education reform activities,
including the provision of appropriate high quality education to all
language minority students. If the State educational agency or State
Board for Higher Education submits comments on any application, it
shall submit comments on all. The Secretary shall take any written
comments that have been made into consideration when considering
applications under this part.
``(b) Eligible Entities.--
``(1) A grant may be made under this part upon application
of an institution of higher education, applying individually or
jointly with one or more local educational agencies, nonprofit
organizations, or State educational agencies.
``(2) The Secretary shall provide for outreach and
technical assistance to institutions of higher education
eligible under title III of the Higher Education Act and
institutions of higher education that are operated or funded by
the Bureau of Indian Affairs to facilitate their participation
in activities under this part.
``(3) In making grants under this part, the Secretary
shall, consistent with subsection (d), ensure adequate
representation of Hispanic serving institutions that
demonstrate competence and experience in the programs and
activities authorized under this title and are otherwise
qualified.
``(c) Application Requirements For Bilingual Teacher Training
Programs.--The application shall demonstrate integration, where
appropriate, with the State plan, if one exists, for serving limited-
English-proficient students.
``(d) Preference in Assistance and Purpose of Training.--
``(1) In making a grant under this part the Secretary shall
give preference to programs which--
``(A) include tenured faculty in bilingual
education, and
``(B) and for institutions of higher education
which are attempting to start bilingual teacher
training programs if such institutions demonstrate a
significant commitment in financial and human
resources, including cash and in-kind.
``(C) provide additional resources for such
training from other sources.
``(2) In making grants under sections 7302, 7303 and 7304,
the Secretary shall give special consideration to programs that
ensure that individuals completing such programs demonstrate
proficiency in English and a second language.
``SEC. 7307. PROGRAM REQUIREMENTS.
``Activities conducted under this part shall assist educational
personnel in meeting State and local certification requirements for
bilingual education and, wherever possible, shall award college or
university credit.
``SEC. 7308. STIPENDS.
``The Secretary shall provide for the payment of such stipends
(including allowances for subsistence and other expenses for such
persons and their dependents), as the Secretary determines to be
appropriate, to persons participating in training programs under this
part.
``SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.
``Each recipient of funds under part C of this title shall provide
the Secretary with an evaluation of its program every two years. Such
evaluation shall include data on--
``(1) post-program placement of persons trained;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``PART D--ADMINISTRATION
``SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGE
AFFAIRS.
``(a) Establishment.--There shall be, in the Department of
Education, an Office of Bilingual Education and Minority Languages
Affairs through which the Secretary shall carry out functions relating
to bilingual education.
``(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 recommending improvements and providing technical
assistance to other Federal programs serving language-minority and
limited-English-proficient students and their families and for
assisting the Assistant Secretary of the Office of Educational Research
and Improvement in identifying research priorities which reflect the
needs of language-minority and limited-English language proficient
students.
``(2) The Office shall be organized as the Director determines to
be appropriate in order to carry out such functions and
responsibilities effectively.
``(3) The Secretary shall ensure that limited-English-proficient
and language-minority students are included in ways that are valid,
reliable and fair under all standards and assessment development
conducted or funded by the Department.
``(c) Report.--The Director shall prepare and, not later than
February 1 of every other year, shall submit to Congress, the
President, the Governors, and the clearinghouse a report on--
``(1) the activities carried out under this title and their
effectiveness in improving the education provided to limited-
English-proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7204;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the number
of bilingual education teachers which will be needed for the
succeeding 5 fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity
of our Nation's schools to educate effectively limited-English-
proficient students.
``(d) Assessment of Gateway Education.--The Secretary shall prepare
a report on the education of all students who reside near the United
States border with Canada and Mexico or areas or communities which
serve as a gateway for immigrants to the United States. Gateway
communities shall include Hawaii, the Commonwealth of Puerto Rico, as
well as the territories and freely associated nations. The report shall
identify trends in student and out-of-school youth immigration trends,
appropriate procedures for the international transfer of records, the
language proficiency of students living in border and gateway areas,
and opportunities for teacher exchange. Such efforts shall be
coordinated with other ongoing efforts in this area. A preliminary
report on these issues shall be provided to the Congress not later than
2 years after the enactment of this Act. The final report including
policy proposals for improvements in these areas shall be provided to
Congress and the President not later than October 21, 1997.
``(e) Coordination With Related Programs.--In order to maximize
Federal efforts aimed at serving the educational needs of children and
youth of limited-English proficiency, the Secretary shall coordinate
and ensure close cooperation with other programs serving language-
minority and limited-English-proficient students that are administered
by the Department of Education and other agencies. The Secretary shall
consult with the Secretary of Labor, the Secretary of Health and Human
Services, the Secretary of Agriculture, Attorney General and other
relevant agencies to identify and eliminate barriers to appropriate
coordination of programs that affect language-minority and limited-
English-proficient students and their families. The Secretary shall
provide for continuing consultation and collaboration between Office
and relevant programs operated by the Department, including title I and
other programs in this Act, in planning, contracts, providing joint
technical assistance, providing joint field monitoring activities and
in other relevant activities to ensure effective program coordination
to provide high quality education opportunities to all language-
minority and limited-English-proficient students. In no case shall such
coordination at the local, State or Federal level permit funds under
this title to be used in programs that do not provide bilingual
education or special alternative instructional programs for the
instruction of language-minority or limited-English-proficient
students.
``(f) The Secretary shall, to the extent feasible, ensure that all
data collected shall include for the collection and reporting of data
on limited-English-proficient students in all Departmental data keeping
and with respect to all Federal education programs.
``(g) Staffing Requirements.--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.
``(1) Notwithstanding section 403 of the Department of
Education Organization Act, the Assistant Secretary may appoint
not more than 7 additional employees to serve as staff without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
``(2) The employees appointed under paragraph (1) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not be
paid a rate that exceeds the minimum rate of basic pay payable
for GS-15 of the General Schedule.
``(h) Reading Applications.--For the purpose of reading
applications for competitive grants authorized under this title, the
Secretary shall use persons who are not employees of the Federal
Government and who are experienced and involved in bilingual education
including teachers, researchers, and administrators of educational
programs similar to those assisted under this title. Readers of
applications for grants involving conservation of Indian languages and
other indigenous language which are subject to loss shall include
individuals with expertise in such programs. The Secretary shall
solicit nominations for application readers from State directors of
bilingual education, graduate programs of bilingual education, tribal
organizations and professional associations and shall have readers
serve for a period of 3 years.
``(i) Publication of Proposals.--The Secretary shall publish and
disseminate all requests for proposals for programs funded under this
title.
``SEC. 7402. RELEASE TIME.
``Professional development programs funded under this Act shall
permit use of funds for professional release time to enable
participation in programs assisted under this part.
``SEC. 7403. EDUCATION TECHNOLOGY.
``Funds available under this Act may be used to provide for the
acquisition or development of education technology or instructional
materials, including authentic materials in languages other than
English, access to and participation in electronic networks for
materials, training and communications, and incorporation of such
resources in curricula and programs such as those funded under this
title.
``SEC. 7404. NOTIFICATION.
``The State educational agency, when applicable, the State Board
for postsecondary education, when applicable, the clearinghouse, the
applicable Evaluation and Assistance Center and Multifunctional
Resource Center shall be notified within three working days of the date
a grant is made to an eligible entity within the State.
``SEC. 7405. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain eligible
for grants for subsequent activities which extend or expand and do not
duplicate those activities supported by a previous grant under this
title. In considering applications for grants under this title the
Secretary shall take into consideration the applicant's record of
accomplishments under previous grants.
``SEC. 7406. LIMITATION OF AUTHORITY.
``The Secretary shall not impose restrictions on the availability
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. 7501. TRANSITION PROVISIONS.
``Any grant or contract awarded under this title prior to the date
of the enactment of the Improving America's Schools Act of 1994 shall
be allowed to continue the term of the original award in accordance
with the conditions of the original award but not for a period in
excess of 3 years from the date of the grant or contract.
``PART F--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7601. PURPOSE.
``The purpose of this part is to assist eligible local educational
agencies that experience unexpectedly large increases in their student
population due to immigration to--
``(1) provide high-quality instruction to immigrant
children and youth; and
``(2) help such children and youth--
``(A) with their transition into American society;
and
``(B) meet the same challenging State performance
standards expected of all children and youth.
``SEC. 7602. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may reserve up to
1.5 percent of the amount allocated to it under section 7604 to pay the
costs of performing its administrative functions under this part.
``SEC. 7603. WITHHOLDING.
``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 requirement 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 Secretary 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. 7604. STATE ALLOCATIONS.
``(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 1995 through 1999 for the purpose set
forth in section 7601.
``(b) Allocations.--(1) Except as provided in subsections (c) and
(d) of this section, of the amount appropriated for each fiscal year
for this part, each State participating in this program shall receive a
share equal to the proportion of its number of immigrant children and
youth who are enrolled in elementary and secondary public schools under
the jurisdiction of each local educational agency described in
paragraph (2) within that State, and in elementary and secondary
nonpublic schools within the district served by each such local
educational agency, relative to the total number of immigrant children
and youth so enrolled in all the States participating in this program.
``(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 and youth who are enrolled in elementary or
secondary public schools under the jurisdiction of such agencies, and
in elementary 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
``(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.
``(c) Determinations of Number of Children and Youth.--(1)
Determinations by the Secretary under this section for any period with
respect to the number of immigrant children and youth shall be made on
the basis of data or estimates provided to the Secretary by each State
educational agency in accordance with criteria established by the
Secretary, unless the Secretary determines, after notice and
opportunity for a hearing to the affected State educational agency,
that such data or estimate are clearly erroneous.
``(2) No such determination with respect to the number of immigrant
children and youth shall operate because of an underestimate or
overestimate to deprive any State educational agency of the allocation
under this section that such agency would otherwise have received 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 one or more other States to the extent
the Secretary determines that such other States will be able to use
such additional amount of carrying out such purpose. Any amount made
available to a State from any 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.
``(e) Reservation of Funds.--(1) If appropriations under this part
exceed $40,000,000 for a fiscal year, a State educational agency may
reserve up to 20 percent of its payment for redistribution through
competitive grants to local educational agencies within the State in
the following manner:
``(A) At least one-half of such grants shall be made to
local educational agencies within the State with the highest
numbers and percentages of immigrant children and youth.
``(B) Remaining funds shall be distributed to local
educational agencies within the State with a sudden influx of
immigrant children and youth which are otherwise not eligible
for assistance under this part.
``(2) Local educational agencies with the highest number of
immigrant children and youth receiving additional funds under this
subsection may make information available on serving immigrant children
and youth to areas in the State with sparse numbers of such children.
``SEC. 7605. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall receive any
payment under this part for any fiscal year unless such 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 7601, including a
description of how local educational agencies receiving funds
under this part will use such funds to meet such purposes, and
how the program designs are consistent with other education
improvement plans, including any developed under Goals 2000:
Educate America Act, if such plan exists, or title I;
``(3) provide assurances that such payments, with the
exception of payments reserved under section 7604(e), will be
distributed among local educational agencies within that State
on the basis of the number of immigrant children and youth
counted with respect to each such local educational agency
under section 7604(b)(1);
``(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
reasonably require to perform the functions under this part;
``(6) provide assurances--
``(A) that to the extent consistent with the number
of immigrant children and youth enrolled in the
elementary or secondary 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 and youth secular, neutral, and nonideological
services, materials, and equipment necessary for the
education of such children and youth;
``(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
``(C) that the provision of services pursuant to
this paragraph 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 elementary 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;
``(7) provide that funds reserved under subsection (e) of
section 7604 be awarded on the basis of merit and need
consistent with such subsection; and
``(8) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1121(b).
``SEC. 7606. PAYMENTS.
``(a) Amount.--The Secretary shall pay by not later than June 1 of
each year to each State educational agency that has its application
approved under section 7605 the amount of the State's allocation as
determined under section 7604.
``(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 7605(a)(6), or
if the Secretary determines that a local educational 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 title I.
``SEC. 7607. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be used to
pay for enhanced instructional opportunities for immigrant children and
youth, which may include--
``(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(2) salaries of personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
``(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
``(4) identification and acquisition of curricular
materials, educational software, and technologies to be used in
the program; and
``(5) such other activities, related to the purposes of
this part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives a grant
under this part may collaborate or form a consortium with one or more
local educational agencies, institutions of higher education, and non-
profit organizations to carry out the approved program.
``(c) Subgrants.--A local educational agency that receives a grant
under this part may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of higher
education, a non-profit organization, or a consortium of such entities
to carry out an approved program, including a program to serve out-of-
school youth.
``SEC. 7608. REPORTS.
``(a) Triennial Report.--Each State educational agency receiving
funds under this part shall submit, once every 3 years, 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, once every 3
years, a report to the appropriate committees of the Congress
concerning programs under this part.
``SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out the provisions of this part,
there are authorized to be appropriated $40,000,000 in fiscal year
1995, and such sums as may be necessary for each of the fiscal years
1996, 1997, 1998, and 1999.
``TITLE VIII--IMPACT AID
``SEC. 8001. FINDINGS.
``The Congress finds that--
``(1) certain activities of the Federal Government place a
financial burden on the local educational agencies serving
areas where such activities are carried out; and
``(2) it is the shared responsibility of the Federal
Government, the States, and local educational agencies to
provide for the education of children connected to those
activities.
``SEC. 8002. PURPOSE.
``In order to fulfill the Federal responsibility to assist with the
provision of educational services to federally connected children, and
to help them meet challenging State standards, it is the purpose of
this title to provide financial assistance to local educational
agencies that--
``(1) experience a substantial and continuing financial
burden due to the acquisition of real property by the United
States;
``(2) educate children who reside on Federal property and
whose parents are employed on Federal property;
``(3) educate children of parents who are in the military
services and children who live in low-rent housing;
``(4) experience sudden and substantial increases in
enrollments because of military realignments; or
``(5) need special assistance with capital expenditures for
construction activities because of the enrollments of
substantial numbers of children who reside on Indian lands or
who are defined in sections 2 and 3 of the Act of September 23,
1950 (Public Law 815, 81st Congress; 20 U.S.C. 631 et seq.).
``SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
``(a) In General.--Where the Secretary, after consultation with any
local educational agency and with the appropriate State educational
agency, determines for a fiscal year ending prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since
1938;
``(B) was not acquired by exchange for other
Federal property in the local educational agency which
the United States owned before 1939; and
``(C) had an assessed value (determined as of the
time or times when so acquired) aggregating 10 percent
or more of the assessed value of all real property in
the local educational agency (similarly determined as
of the time or times when such Federal property was so
acquired);
``(2) that the ownership by the United States of such
Federal property places a substantial and continuing financial
burden on such agency; and
``(3) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such Federal
property,
then such agency shall be entitled to receive for such fiscal year such
amount as, in the judgment of the Secretary, is equal to the continuing
Federal responsibility for the additional financial burden with respect
to current expenditures placed on such agency by the ownership of such
Federal property.
``(b) Amount.--
``(1) In general.--The amount to which a local educational
agency is entitled to receive under subsection (a) for a fiscal
year--
``(A) shall not exceed--
``(i) the amount which, in the judgment of
the Secretary, such agency would have derived
in such year, and would have had available for
current expenditures, from the property
acquired by the United States; and
``(ii) the amount which is equal to the
difference of--
``(I) the maximum amount that such
agency is eligible to receive for such
fiscal year under section
8004(b)(1)(C); and
``(II) the amount that such agency
receives in such fiscal year under
section 8004(b)(2); and
``(B) shall be reduced by the Secretary by an
amount equal to the amount of revenue, if any, that
such agency received from activities conducted on such
property during the previous year.
``(2) Application of current levied real property tax
rate.--In making a determination of the amount that would have
been derived in such year under paragraph (1)(A)(i), the
Secretary shall apply the current levied real property tax rate
for current expenditures levied by fiscally independent local
educational agencies or imputed, for fiscally dependent local
educational agencies, to the current annually determined
aggregate assessed value of such acquired Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined (on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined), and provided to the
Secretary, by the local official responsible for assessing the
value of real property located in the jurisdiction of such
local educational agency for the purpose of levying a property
tax.
``(c) Applicability to Tennessee Valley Authority Act.--For the
purposes of this section, any real property with respect to which
payments are being made under section 13 of the Tennessee Valley
Authority Act of 1933 shall not be regarded as Federal property.
``(d) Ownership by United States.--The United States shall be
deemed to own Federal property for the purposes of this Act, where--
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity, and
the United States--
``(A) restricts some or any construction on such
property;
``(B) requires that the property be used in
perpetuity for the public purposes for which it was
conveyed;
``(C) requires the grantee of the property to
report to the Federal government (or its agent)
containing information on the use of the property;
``(D) except with the approval of the Federal
government (or its agent), prohibits the sale, lease,
assignment, or other disposal of the property unless
such sale, lease, assignment, or other disposal is to
another eligible government agency; and
``(E) reserves to the Federal government a right of
reversion at any time the Federal government (or its
agent) deems it necessary for the national defense.
``SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b) or (f) for any fiscal year, the Secretary shall
determine the number of children who were in average daily
attendance in the schools of such agency, and for whom such
agency provided free public education, during the preceding
school year and who, while in attendance at such schools--
``(A) resided on Federal property and had a parent
employed on Federal property situated in whole or in
part within the boundaries of the school district of
such agency;
``(B) resided on Federal property and had a parent
on active duty in the uniformed services (as defined in
section 101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D) had a parent on active duty in the uniformed
services (as defined by section 101 of title 37, United
States Code) but did not reside on Federal property; or
``(E) resided in low-rent housing.
``(2) Determination of weighted student units.--For
purposes of computing the basic support payment under
subsection (b), the Secretary shall calculate the total number
of weighted student units for a local educational agency by
adding together the results obtained by the following
computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) who are not
eligible to receive services under the Individuals With
Disabilities Education Act (20 U.S.C. 1400 et seq.) by
a factor of 1.0.
``(B) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) who are
eligible to receive services under such Act by a factor
of 1.50.
``(C) Multiply the number of children described in
paragraph (1)(C) who are not eligible to receive
services under such Act by a factor of 1.25.
``(D) Multiply the number of children described in
paragraph (1)(C) who are eligible to receive services
under such Act by a factor of 1.825.
``(E) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) who are not
eligible to receive services under such Act by a factor
of .25.
``(F) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) who are
eligible to receive services under such Act by a factor
of .375.
``(b) Basic Support Payments and Payments With Respect to Fiscal
Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated
under section 8013(b) for a fiscal year, the Secretary
is authorized to make basic support payments to
eligible local educational agencies with children
described under subsection (a).
``(B) Eligibility.--A local educational agency
shall be entitled to receive a basic support payment
under subparagraph (A) for a fiscal year with respect
to a number of children determined under subsection (a)
only if the number of children so determined with
respect to such agency amounts to the lesser of--
``(i) at least 400 such children, or
``(ii) a number of such children which
equals at least 3 percent of the total number
of children who were in average daily
attendance, during such year, at the schools of
such agency and for whom such agency provided
free public education.
``(C) Maximum amount.--The maximum amount that a
local educational agency is eligible to receive under
this subsection for any fiscal year is the sum of the
total weighted student units, as computed under
subsection (a)(2), multiplied by--
``(i) the greater of--
``(I) one-half of the average per
pupil expenditure of the State in which
the local educational agency is
located, or
``(II) one-half of the average per
pupil expenditures of all of the
States, or
``(ii) the comparable local contribution
rate certified by the State, as determined
under regulations prescribed to carry out the
Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1994.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the
sums appropriated under section 8013(b) are
insufficient to pay to each local educational agency
the full amount computed under paragraph (1), the
Secretary shall make payments based upon the provisions
of this paragraph.
``(B) Learning opportunity threshold payments.--For
fiscal years described in subparagraph (A), the
Secretary shall compute a learning opportunity
threshold payment (hereinafter `threshold payment') by
multiplying the amount obtained under paragraph (1)(C)
by the total percentage obtained by adding--
``(i) the percentage of federally connected
children for each local educational agency
determined by calculating the fraction, the
numerator of which is the total number of
children described under subsection (a)(1) and
the denominator of which is the total number of
children in average daily attendance at the
schools served by such agency; and
``(ii) the percentage that funds under this
paragraph represent of the total budget of the
local educational agency, determined by
calculating the fraction, the numerator of
which is the total amount of funds calculated
for each educational agency under this
paragraph, and the denominator of which is the
total current expenditures for such agency.
``(C) Ratable distribution.--For fiscal years
described in subparagraph (A), the Secretary shall make
payments as a ratable distribution based upon the
computation made under subparagraph (B).
``(c) Prior Year Data.--All calculations under this title shall be
based upon data for each local educational agency from the fiscal year
preceding the fiscal year for which the agency is making application
for payment.
``(d) Use of Funds for Children With Disabilities.--The local
educational agency shall use an amount equal to the amount of funds
generated by the factors in subparagraphs (B), (D), and (F) of
subsection (a)(2) which are in excess of the factor of 1.0 applied to
the amount of payments generated for each fiscal year applicable to the
weighted student unit factor of 1.0 to provide a free appropriate
public education to children described in subsection (a)(2), in
accordance with part B of the Individuals with Disabilities Education
Act (20 U.S.C. 1411 et seq.).
``(e) Hold-Harmless Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, the total amount that the Secretary shall pay to
a local educational agency under subsections (b) and (f)--
``(A) for fiscal year 1995, shall not be less than
80 percent of the payment such agency received for
fiscal year 1994 under section 3(a) of the Act of
September 30, 1950 (Public Law 81-874, 81st Congress),
as in effect for fiscal year 1994;
``(B) for fiscal year 1996, shall not be less than
60 percent of such payment received for fiscal year
1994; and
``(C) for fiscal year 1997, shall not be less than
40 percent of such payment received for fiscal year
1994.
``(2) Reduction in payments.--In order to make payments to
local educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local educational
agencies determined under subsection (b).
``(f) Supplemental Assistance.--
``(1) Reservation.--
``(A) In general.--Except as provided in
subparagraph (B), from amounts appropriated under
section 8013(b) for a fiscal year, the Secretary shall
reserve not less than 6 percent to provide supplemental
assistance to meet special circumstances relating to
the provision of education in local educational
agencies eligible to receive assistance under this
section.
``(B) Reservation in fiscal years when amounts from
prior fiscal year reservations available.--With respect
to a fiscal year in which amounts are available from a
reservation made by the Secretary under subparagraph
(A) for a prior fiscal year, the Secretary shall, from
amounts appropriated under section 8013(b) for the
current fiscal year, reserve an amount which, when
added to the amount available from such prior fiscal
year reservation, equals not less than 6 percent of
amounts appropriated under such section for such
current fiscal year.
``(C) Availability.--Amounts reserved under
subparagraph (A) are authorized to remain available
until expended.
``(2) Eligibility.--
``(A) In general.--A local educational agency shall
be eligible to receive supplemental assistance under
this subsection only if such agency--
``(i)(I) has an enrollment of federally
connected children described in subsection
(a)(1) which constitutes at least 40 percent of
the total student enrollment of such agency;
and
``(II) has a tax rate for general fund
purposes which is at least 95 percent of the
average tax rate for general fund purposes
(before any State mandated tax rate reductions)
of all local educational agencies in the State;
``(ii)(I) has an enrollment of federally
connected children described in subsection
(a)(1) which constitutes at least 35 percent of
the total student enrollment of such agency;
and
``(II) has a tax rate for general fund
purposes which is at least 125 percent of the
average tax rate for general fund purposes
(before any State mandated tax rate reductions)
of all local educational agencies in the State;
or
``(iii) is a local education agency whose
boundaries are the same as a Federal military
installation or includes Federal property under
exclusive Federal jurisdiction.
``(B) Special rule.--If a local educational agency
receives assistance under this subsection for 3
consecutive fiscal years because such agency satisfied
the requirements of clause (i) or (ii) of subparagraph
(A), then such agency shall be deemed to meet such
requirements with respect to assistance under this
subsection for each consecutive succeeding fiscal year
in which such agency applies for assistance under this
subsection.
``(C) Exclusion of remaining cash balances.--In
determining eligibility under this paragraph, the
Secretary shall exclude any cash balances of the local
educational agency remaining at the end of the school
year as allowed by State law.
``(3) Current year data.--Notwithstanding subsection (c),
the Secretary shall, for purposes of providing assistance under
this subsection (or section 3(d)(2)(B) of the Act of September
30, 1950 (Public Law 81-874, 81st Congress), as in effect on
October 1, 1993), use--
``(A) data from the fiscal year in which the local
educational agency is applying for assistance under
this subsection; or
``(B) the most recent data available which is
adjusted to such fiscal year.
``(4) Application procedures.--The Secretary shall
prescribe regulations establishing procedures for the
application for assistance by a local educational agency under
this subsection.
``(5) Prohibition on state restrictions with respect to
assistance.--A State shall not restrict the ability of a local
educational agency to use assistance received by such agency
under this subsection.
``(6) Prohibition on consideration of assistance in state
aid calculation.--Notwithstanding section 8009(b), a State
shall not take into consideration any assistance received under
this subsection in determining a State aid calculation for a
local educational agency.
``SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
``(a) In General.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8004 shall establish policies and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such programs
and activities, including an opportunity to make
recommendations on the needs of those children and how they may
help those children realize the benefits of those programs and
activities;
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views on the agency's general educational
program to such agency.
``(b) Records.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8004 shall maintain records demonstrating its compliance with
requirements contained in subsection (a).
``(c) Waiver.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8004 is excused from the requirements contained in subsections
(a) and (b) for any year with respect to any Indian tribe from which it
has received a written statement that the agency need not comply with
those subsections because the tribe is satisfied with the provision of
educational services by such agency to such children.
``(d) Technical Assistance and Enforcement.--The Secretary shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable them to carry
out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity to
present their views.
``SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8003 AND 8004.
``(a) In General.--A local educational agency desiring to receive a
payment under section 8003 or 8004 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted in such
form and manner, and shall contain such information, as the Secretary
may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
``(2) where applicable, an assurance that such agency is in
compliance with section 8005 (relating to children residing on
Indian lands).
``(c) Deadline for Submission.--The Secretary shall establish
deadlines for the submission of applications under this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) is filed by the deadline established under
subsection (c); and
``(B) otherwise meets the requirements of this
title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed up to 60 days after a deadline established
under subsection (c) that otherwise meets the requirements of
this title, except that, notwithstanding section 8004(e), the
Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise be
paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after a
deadline established under subsection (c).
``SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible for a
payment under this section if--
``(1) the number of children in average daily attendance
during the current school year is at least ten percent or 100
more than the number of children in average daily attendance in
the preceding school year; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18) of
title 37, United States Code) in the Armed Forces who are in
attendance at such agency because of the assignment of their
parent to a new duty station between July 1 and September 30,
inclusive, of the current year, as certified by an appropriate
local official of the Department of Defense, is at least ten
percent or 100 more than the number of children in average
daily attendance in the preceding school year.
``(b) Application.--A local educational agency that wishes to
receive a payment under this section shall file an application with the
Secretary by October 15 of the current school year, in such manner and
containing such information as the Secretary may prescribe, including
information demonstrating that it is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local educational
agency that applies for a payment under this section, the Secretary
shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the preceding year; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--From the amount appropriated for a fiscal year
under section 8013(c), the Secretary shall pay each local educational
agency with an approved application an amount, not to exceed $200 per
eligible child, equal to--
``(1) the amount available to carry out this section,
including any funds carried over from prior years, divided by
the number of children determined under subsection (c) for all
such local educational agencies; multiplied by
``(2) the number of such children determined for that local
educational agency.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall endeavor to
establish, with the Secretary of Defense, a notification
process relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels assigned to
such facilities, which may substantially affect the student
enrollment levels of local educational agencies which receive
or may receive payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for any
fiscal year under section 8013(e), the Secretary may continue to
provide assistance for school facilities that were supported by the
Secretary under section 10 of the Act of September 23, 1950 (Public Law
815, 81st Congress; 20 U.S.C. 640) as in effect prior to the date of
the enactment of the Improving America's Schools Act of 1994.
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another appropriate entity all the right, title, and
interest of the United States in and to each facility provided
under section 10 of the Act of September 23, 1950 (Public Law
815, 81st Congress; 20 U.S.C. 640), or under section 204 or 310
of the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1958.
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer must be consented to by the local
education agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems appropriate
to carry out the purposes of this Act.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
``(a) General Prohibition.--Except as provided in subsection (b), a
State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency
for State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than it
would receive if it were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under section 8004
or under the Act of September 30, 1950 (Public Law 874, 81st
Congress) as such Act existed prior to the enactment of the
Improving America's Schools Act of 1994 (other than a payment
under section 2 or an increase in payments described in
paragraphs (2)(B), (2)(C), (2)(D), or (3)(B)(ii) of section
3(d)) for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in
effect a program of State aid that equalizes expenditures for
free public education among local educational agencies in such
State.
``(2) Computation.--
``(A) In general.--For purposes of paragraph (1), a
program of State aid equalizes expenditures among local
educational agencies if, in the second preceding fiscal
year, the amount of per-pupil expenditures made by, or
per-pupil revenues available to, the local educational
agency in the State with the highest such per-pupil
expenditures or revenues did not exceed the amount of
such per-pupil expenditures made by, or per-pupil
revenues available to, the local educational agency in
the State with the lowest such expenditures or revenues
by more than 10 percent.
``(B) Other factors.--In making a determination
under this subsection, the Secretary shall--
``(i) disregard local educational agencies
with per-pupil expenditures or revenues above
the 95th percentile or below the 5th percentile
of such expenditures or revenues in the State;
and
``(ii) take into account the extent to
which a program of State aid reflects the
additional cost of providing free public
education in particular types of local
educational agencies, such as those that are
geographically isolated, or to particular types
of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of
projected data, that the State's program will meet the
10 percent disparity standard described in paragraph
(2) in that fiscal year; and
``(B) the State provides an assurance to the
Secretary that, if final data do not demonstrate that
the State's program met such standard for that year (or
that it met such standard with a greater percentage of
disparity than anticipated), the State will pay to each
affected local educational agency the amount by which
it reduced State aid to the local educational agency on
the basis of such certification, or a proportionate
share thereof, as the case may be.
``(c) Procedures for Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to
consider payments described in subsection (b)(1) in
providing State aid to local educational agencies shall
submit to the Secretary, not later than 120 days before
the beginning of the State's fiscal year, a written
notice of its intention to do so.
``(B) Contents.--Such notice shall be in the form
and contain the information the Secretary requires,
including evidence that the State has notified each
local educational agency in the State of its intention
to consider such payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall afford
the State, and local educational agencies in the State, an
opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State;
and
``(B) afford an opportunity for a hearing, in
accordance with section 8011(a), to any local
educational agency adversely affected by such
certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in
accordance with section 8011(a), to the State, and to
any local educational agency adversely affected by such
determination.
``(d) Reductions of State Aid.--
``(1) In general.--A State whose program of State aid has
been certified by the Secretary under subsection (c)(3) may
reduce the amount of such aid provided to a local educational
agency that receives a payment described in subsection (b)(1)
by any amount up to--
``(A) the amount of such payment; multiplied by
``(B) 100 percent minus the percentage of disparity
determined under subsection (b).
``(2) Prohibition.--A State may not make a reduction
described in paragraph (1) before its program of State aid has
been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, without exhausting administrative
remedies, bring an action in a United States district court
against any State that violates subsection (a) or subsection
(d)(2) or fails to carry out an assurance provided under
subsection (b)(3)(B).
``(2) Immunity.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from an action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as it
determines is appropriate, which may include attorney's fees to
a prevailing local educational agency.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts.--The Secretary shall round
any payments under this title to the nearest whole dollar amount.
``(b) Other Agencies.--Each Federal agency administering Federal
property on which children reside, and each agency principally
responsible for an activity that may occasion assistance under this
title, shall, to the maximum extent practicable, comply with requests
of the Secretary for information the Secretary may require to carry out
this title.
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency and a
State that is adversely affected by any action of the Secretary under
this title shall be entitled to a hearing on such action in the same
manner as if such agency were a person under chapter 5 of title 5,
United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an agency
proceeding under subsection (a) may, within 60 days after
receiving notice of such decision, file with the United States
court of appeals for the circuit in which such agency or State
is located a petition for review of that action. The clerk of
the court shall promptly transmit a copy of the petition to the
Secretary. The Secretary shall then 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.
``(2) Findings of fact.--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. 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.
``(3) Review.--The court shall have exclusive 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 or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8012. DEFINITIONS.
``For purposes of this title, the following definitions apply:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all
local educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and
specifications for school facilities;
``(B) erecting, building, acquiring, altering,
remodeling, repairing, or extending school facilities;
``(C) inspecting and supervising the construction
of school facilities; and
``(D) debt service for such activities.
``(4) Federal property.--
``(A) In general.--Except as provided in
subparagraphs (B) through (E), the term `Federal
property' means real property that is not subject to
taxation by any State or any political subdivision of a
State due to Federal agreement, law, or policy, and
that is--
``(i) owned by the United States or leased
by the United States from another entity;
``(ii)(I) held in trust by the United
States for individual Indians or Indian tribes;
``(II) held by individual Indians or Indian
tribes subject to restrictions on alienation
imposed by the United States;
``(III) conveyed at any time under the
Alaska Native Claims Settlement Act (Public Law
92-203, 43 U.S.C. 1601 et seq.) to a Native
individual, Native group, or Village or
Regional corporation; or
``(IV) public land owned by the United
States that is designated for the sole use and
benefit of individual Indians or Indian tribes;
or
``(iii) owned by a foreign government or by an
international organization.
``(B) Schools providing flight training to members
of air force.--The term `Federal property' includes, so
long as not subject to taxation by any State or any
political subdivision of a State, and whether or not
that tax exemption is due to Federal agreement, law, or
policy, any school providing flight training to members
of the Air Force under contract with the Air Force at
an airport owned by a State or political subdivision of
a State.
``(C) Non-federal easements, leases, licenses,
permits, improvements, and certain other real
property.--The term `Federal property' includes,
whether or not subject to taxation by a State or a
political subdivision of a State--
``(i) any non-Federal easement, lease,
license, permit, or other such interest in
Federal property as otherwise described in this
paragraph, but not including any non-Federal
fee-simple interest;
``(ii) any improvement on Federal property
as otherwise described in this paragraph; and
``(iii) real property that, immediately
before its sale or transfer to a non-Federal
party, was owned by the United States and
otherwise qualified as Federal property
described in this paragraph, but only for one
year beyond the end of the fiscal year of such
sale or transfer.
``(D) Certain postal service property and pipelines
and utility lines.--Notwithstanding any other provision
of this paragraph, the term `Federal property' does not
include--
``(i) any real property under the
jurisdiction of the United States Postal
Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local
tax revenues may not be expended, allocated, or
available for free public education.--Notwithstanding
any other provision of this paragraph, `Federal
property' does not include any property on which
children reside that is otherwise described in this
paragraph if--
``(i) no tax revenues of the State or of
any political subdivision of the State may be
expended for the free public education of
children who reside on that Federal property;
or
``(ii) no tax revenues of the State are
allocated or available for the free public
education of such children.
``(5) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision
and direction, and without tuition charge; and
``(B) as elementary or secondary education, as
determined under State law, except that,
notwithstanding State law, such term--
``(i) includes preschool education; and
``(ii) does not include any education
provided beyond grade 12.
``(6) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (4)(A)(ii).
``(7) Local educational agency.--
``(A) In general.--Except as provided in
subparagraph (B), the term `local educational agency'--
``(i) means a board of education or other
legally constituted local school authority
having administrative control and direction of
free public education in a county, township,
independent school district, or other school
district; and
``(ii) includes any State agency that
directly operates and maintains facilities for
providing free public education.
``(B) Exception.--The term `local educational
agency' does not include any agency or school authority
that the Secretary determines on a case-by-case basis--
``(i) was constituted or reconstituted
primarily for the purpose of receiving
assistance under this title or the Act of
September 30, 1950 (Public Law 874, 81st
Congress) or increasing the amount of such
assistance; or
``(ii) is not constituted or reconstituted
for legitimate educational purposes.
``(8) Low-rent housing.--The term `low-rent housing' means
housing located on property that is--
``(A) used for low-rent housing that is located on
land described in subclause (I), (II), (III), or (IV)
of paragraph 4(A)(ii) or on land that met one of the
descriptions in any such subclause immediately before
its use for such housing;
``(B) part of a low-rent housing project assisted
under the United States Housing Act of 1937;
``(C) located in the State of Oklahoma that--
``(i) is owned by an Indian housing
authority and used for low-income housing
(including housing assisted under the mutual
help homeownership opportunity program under
section 202 of the United States Housing Act of
1937), and
``(ii) at any time prior to the date of the
enactment of Public Law 103-102--
``(I) was designated by treaty as
tribal land, or
``(II) satisfied the definition of
Federal property under section
403(1)(A) of the Act of September 30,
1950 (Public Law 874, 81st Congress);
or
``(D) used to provide housing for homeless children
at closed military installations pursuant to section
501 of the Stewart B. McKinney Homeless Assistance Act
(42 U.S.C. 11411).
``(9) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary
or appropriate for school purposes.
``SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--For the
purpose of making payments under section 8003, there are authorized to
be appropriated $16,750,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998, and 1999.
``(b) Basic Payments.--For the purpose of making payments under
section 8004(a), there are authorized to be appropriated $425,500,000
for fiscal year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``(c) Payments for Children With Disabilities.--For the purpose of
making payments under section 8004(d), there are authorized to be
appropriated $45,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and 1999.
``(d) Payments for Heavily Impacted Local Educational Agencies.--
For the purpose of making payments under section 8004(f), there are
authorized to be appropriated $42,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``(e) Payments for Increases in Military Children.--For the purpose
of making payments under section 8007, there are authorized to be
appropriated $2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and 1999.
``(f) Facilities Maintenance.--For the purpose of making payments
under section 8008, there are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``SEC. 8014. TRANSFER OF PAYMENTS.
``(a) Basic Payments Under Section 8004.--From any amounts
available, the Secretary of Defense shall transfer to the Secretary of
Education the total amount of funds necessary for the Secretary of
Education to make all of the payments associated with children
connected with defense activities, as defined under section 8004.
``(b) Additional Payments.--(1) The Secretary of Defense shall
transfer to the Secretary of Education in each fiscal year in which
funds are obtained under subsection (a) the full amount of such funds
for payments based upon the amounts computed under section 8004.
``(2) Notwithstanding any other provision of law, funds made
available to the Secretary of Education under paragraph (1) shall be
the only funds used by the Secretary in making payments under section
8004 to local educational agencies for children connected with defense
activities and the responsibility of the Secretary of Education to
administer the provisions of section 8004 are limited to the
availability of such funds for eligible students covered under section
8004.
``(3)(A) For purposes of expediting the funding provisions of this
subsection, the Secretary shall provide in a timely fashion to the
Secretary of Defense, such information as may be necessary for such
Secretary to carry out this provision.
``(B) The Secretary of Education shall also make available to the
Secretary of Defense such reports, evaluations or application
information as shall be related to the federally connected students
associated with this Department.
``TITLE IX--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 9101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this Act, the
following terms have the following meanings:
``(1)(A) Except as provided otherwise by State law or this
paragraph, the term `average daily attendance' means--
``(i) the aggregate number of days of attendance of
all students during a school year; divided by
``(ii) the number of days school is in session
during such school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that
provide State aid to local educational agencies on the basis of
average daily membership or such other data.
``(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free public
education of the child in a school located in another school
district, the Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a
school of the agency making such payment; and
``(ii) not consider the child to be in attendance
at a school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local
educational agency for a child with disabilities, as defined in
section 602(a)(1) of the Individuals with Disabilities
Education Act, the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at a school of the
agency making such payment.
``(2) The term `average per-pupil expenditure' means, in
the case of a State or of the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third preceding fiscal year (or, if
satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by
the State for operation of such agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom such agencies provided free
public education during such preceding year.
``(3) The term `child' means any person within the age
limits for which the applicable State provides free public
education.
``(4) The term `community-based organization' means a
private nonprofit organization that--
``(A) is representative of a community or
significant segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) The term `consolidated State application' means an
application submitted by a State educational agency pursuant to
section 9302 of this Act.
``(6) The term `county' means one of those divisions of a
State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(7) The term `covered program' means each of the programs
authorized by--
``(A) part A of title I of this Act;
``(B) part C of title I of this Act;
``(C) part A of title II of this Act; and
``(D) part A of title IV of this Act except section
4104.
``(8) The term `current expenditures' means expenditures
for free public education--
``(A) including expenditures for administration,
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
``(B) not including expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds received under title I and
part A of title II of this Act.
``(9) The term `Department' means the Department of
Education.
``(10) The term `educational service agency' means regional
public multiservice agencies authorized by State statute to
develop, manage, and provide services and programs to local
educational agencies.
``(11) The term `elementary school' means a nonprofit day
or residential school that provides elementary education, as
determined under State law.
``(12) The term `free public education' means education
that is provided--
``(A) at public expense, under public supervision
and direction, and without tuition charge; and
``(B) as elementary or secondary school education
as determined under applicable State law, except that
such term does not include any education provided
beyond grade 12.
``(13) The term `institution of higher education' has the
meaning given that term in section 1201(a) of the Higher
Education Act of 1965.
``(14)(A) 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
for such combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary or secondary schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
``(15) The term `mentoring' means a program in which an
adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and exposing the child or youth to new experiences
that enhance the child or youth's ability to excel in school
and become a responsible citizen.
``(16) The term `other staff' means pupil services
personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(17) The term `outlying area' means the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and Palau (until the effective date of the Compact of
Free Association with the Government of Palau).
``(18) The term `parent' includes a legal guardian or other
person standing in loco parentis.
``(19) The terms `pupil-services personnel' and `pupil
services' mean, respectively--
``(A) school counselors, school social workers,
school psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services as part of a comprehensive program
to meet student needs; and
``(B) the services provided by such individuals.
``(20) The term `secondary school' means a nonprofit day or
residential school that provides secondary education, as
determined under State law, except that it does not include any
education beyond grade 12.
``(21) The term `Secretary' means the Secretary of
Education.
``(22) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and each
of the outlying areas.
``(23) The term `State educational agency' means the agency
primarily responsible for the State supervision of public
elementary and secondary schools.
``SEC. 9102. APPLICABILITY OF THIS TITLE.
``Parts B through F of this title do not apply to title VIII of
this Act.
``SEC. 9103. REFERENCES IN OTHER ACTS.
``References to section 1471 of this Act, as it existed prior to
the enactment of the Improving America's Schools Act of 1994, shall be
deemed to refer to this section.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--(1) A State
educational agency may consolidate the amounts specifically made
available to it for State administration under one or more of the
programs specified under paragraph (2) if such State educational agency
can demonstrate that the majority of such agency's resources come from
non-Federal sources.
``(2) This section applies to title I of this Act and the covered
programs specified in sections 9101(7)(C) and (D).
``(b) Use of Funds.--(1) A State educational agency shall use the
amount available under this section for the administration of the
programs included in the consolidation under subsection (a).
``(2) A State educational agency may also use funds available under
this section for administrative activities designed to enhance the
effective and coordinated use of funds under such programs, such as--
``(A) the coordination of programs specified in subsection
(a)(2) with other Federal and non-Federal programs;
``(B) the establishment and operation of peer- review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may periodically
review the performance of State educational agencies in using
consolidated administrative funds under this section and take such
steps as the Secretary finds appropriate to ensure the effectiveness of
such administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to it under this section for
administration, it may use such funds during the applicable period of
availability as funds available under one or more programs included in
the consolidation under subsection (a).
``SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or State plans under this
Act, describe how it will eliminate duplication in the conduct of
administrative functions.
``SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of the
Secretary, a local educational agency, with the approval of its State
educational agency, may consolidate and use for the administration of
one or more covered programs for any fiscal year not more than the
percentage, established in each covered program, of the total amount
available to that local educational agency under those covered
programs.
``(b) State Procedures.--Within one year from the date of enactment
of the Improving America's Schools Act of 1994, a State educational
agency shall, in collaboration with local educational agencies in the
State, establish procedures for responding to requests from local
educational agencies to consolidate administrative funds under
subsection (a) and for establishing limitations on the amount of funds
under covered programs that may be used for administration on a
consolidated basis.
``(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year shall not
use any other funds under the programs included in the consolidation
for administration for that fiscal year.
``(d) Uses of Administrative Funds.--A local educational agency
that consolidates administrative funds under this section may use these
consolidated funds for the administration of covered programs and for
the purposes described in section 9201(b)(2).
``(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual covered program, to account for costs
relating to the administration of covered programs included in the
consolidation.
``SEC. 9204. ADMINISTRATIVE FUNDS STUDY.
``(a) Study.--(1) The Secretary shall conduct a study of the use of
funds under this Act for the administration, by State and local
educational agencies, of covered programs, including the percentage of
grant funds used for such purpose in covered programs.
``(2) Based on the results of such study, the Secretary shall
develop a definition of what types of activities constitute the
administration of programs under this Act by State and local
educational agencies.
``(3) Based on the results of such study, the Secretary may publish
regulations or guidelines regarding the use of funds for administration
under those programs, including the use of such funds on a consolidated
basis and limitations on the amount of such funds that may be used for
administration where such limitation is not otherwise specified in law.
``(b) Report.--The Secretary shall submit to the President and the
appropriate committees of the Congress a report regarding the study
conducted under this section within 30 days of its completion.
``SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--(1) The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for covered
programs, the Indian education programs under part A of title VI of
this Act, and the education for homeless children and youth program
under subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act, the amounts allotted to the Department of the Interior
under those programs.
``(2)(A) The Secretary and the Secretary of the Interior shall
enter into an agreement, consistent with the requirements of the
programs specified in paragraph (1), for the distribution and use of
those funds under terms that the Secretary determines best meet the
purposes of those programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken to
achieve the National Education Goals, and performance measures
to assess program effectiveness, including measurable goals and
objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may use up to
1.5 percent of the funds consolidated under this section for its costs
related to the administration of the funds transferred under this
section.
``SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its State
educational agency, a local educational agency that determines for any
fiscal year that funds under a covered program other than part A of
title I of this Act are not needed for the purpose of that covered
program may use such funds, not to exceed five percent of the total
amount of its funds under that covered program, for the purpose of
another covered program.
``(b) Coordination of Services.--A local educational agency,
individual school, or consortium of schools may use a total of up to 5
percent of the funds it receives under this Act for the establishment
and implementation of a coordinated services project consistent with
the requirements of Title X of this Act.''.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
``SEC. 9301. PURPOSE.
``It is the purpose of this part to improve teaching and learning
by encouraging greater cross-program coordination, planning, and
service delivery under this Act and enhanced integration of programs
under this Act with educational activities carried out with State and
local funds.
``SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICATION.
``(a) General Authority.--(1) In order to simplify application
requirements and reduce burden for State educational agencies under
this Act, the Secretary shall, in accordance with subsection (b),
establish procedures and criteria under which a State educational
agency may submit a consolidated State application meeting the
requirements of this section for each of the covered programs in which
the State participates.
``(2) A State educational agency may also include in its
consolidated application--
``(A) the Even Start program under part B of title I of
this Act;
``(B) the education of neglected and delinquent youth
program under part D of title I of this Act;
``(C) part A of title II of the Carl D. Perkins Vocational
and Applied Technology Education Act;
``(D) Goals 2000: Educate America Act;
``(E) School-to-Work Opportunities Act; and
``(F) such other programs as the Secretary may designate.
``(3) A State educational agency that submits a consolidated State
application under this section shall not be required to submit separate
State plans or applications under any of the programs to which its
consolidated application under this section applies.
``(b) Collaboration.--(1) In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State agencies,
local educational agencies, public and private nonprofit agencies,
organizations, and institutions, private schools, and representatives
of parents, students, and teachers.
``(2) Through the collaboration process described in subsection
(b), the Secretary shall establish, for each program under the Act to
which this section applies, the descriptions, information, assurances,
and other material required to be included in a consolidated State
application.
``(3) The Secretary shall require only descriptions, information,
assurances, and other materials that are absolutely necessary for the
consideration of the State application.
``SEC. 9303. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency that submits a State
plan or application under this Act, whether separately or under section
9302, shall have on file with the Secretary a single set of assurances,
applicable to each program for which a plan or application is
submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
statute authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such
information to the Secretary, and afford access to the
records as the Secretary may find necessary to carry
out the Secretary's duties; and
``(7) before the application was submitted to the
Secretary, the State has afforded a reasonable opportunity for
public comment on the application and has considered such
comment.
``(b) GEPA Provision.--Section 440 of the General Education
Provisions Act does not apply to programs under this Act.
``SEC. 9304. CONSOLIDATED LOCAL APPLICATIONS.
``(a) General Authority.--A local educational agency receiving
funds under more than one covered program may submit applications to
the State educational agency under such programs on a consolidated
basis.
``(b) Required Consolidated Applications.--A State educational
agency that has submitted and had approved a consolidated State
application under section 9302 may require local educational agencies
in the State receiving funds under more than one program included in
the consolidated State application to submit consolidated local
applications under such programs.
``(c) Collaboration.--A State educational agency shall collaborate
with local educational agencies in the State in establishing procedures
for the submission of the consolidated applications under this section.
``(d) The State educational agency shall require only descriptions,
information, assurances, and other material that are absolutely
necessary for the consideration of the application of the local
educational agency.
``SEC. 9305. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State educational
agency that submits an application under this Act, whether separately
or pursuant to section 9304, shall have on file with the State
educational agency a single set of assurances, applicable to each
program for which an application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the statute
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency or the Secretary or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant under
each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency
and the Secretary as may be necessary to enable such
agency and the Secretary to perform their duties under
each such program; and
``(B) maintain such records, provide such
information, and afford access to the records as the
State educational agency or the Secretary may find
necessary to carry out the State educational agency's
or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) General.--Except as provided in subsection (c), the Secretary
may waive any requirement of this Act or of the General Education
Provisions Act, or of the regulations issued under such Acts, for a
State educational agency, Indian tribe, or other agency, organization,
or institution that receives funds under a program authorized by this
Act from the Department and that requests such a waiver if--
``(1) the Secretary determines that such requirement
impedes the ability of the State educational agency or other
recipient to achieve more effectively the purposes of this Act;
and
``(2) in the case of a waiver proposal submitted by a State
educational agency, the State educational agency--
``(A) provides all interested local educational
agencies in the State with notice and an opportunity to
comment on the proposal; and
``(B) submits the comments to the Secretary; and
``(3) in the case of a waiver proposal submitted by a local
educational agency or other agency, institution, or
organization that receives funds under this Act from the State
educational agency, such request has been reviewed by the State
educational agency and is accompanied by the comments, if any,
of such agency.
``(b) Waiver Period.--(1) A waiver under this section shall be for
a period not to exceed three years.
``(2) The Secretary may extend such period if the Secretary
determines that--
``(A) the waiver has been effective in enabling the State
or affected recipients to carry out the activities for which it
was requested and has contributed to improved performance; and
``(B) such extension is in the public interest.
``(c) Waivers Not Authorized.--The Secretary may not waive, under
this section, any statutory or regulatory requirement relating to--
``(1) comparability of services;
``(2) maintenance of effort;
``(3) the equitable participation of students attending
private schools;
``(4) parental participation and involvement;
``(5) the distribution of funds to States or to local
educational agencies or other recipients of funds under this
Act;
``(6) maintenance of records;
``(7) applicable civil rights requirements;
``(8) the requirements of sections 444 and 445 of the
General Education Provisions Act; or
``(9) the requirements related to the element of a charter
school described in paragraph (1) of section 3407 of this Act.
``(d) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the waiver has
been inadequate to justify a continuation of the waiver or if it is no
longer necessary to achieve its original purposes.
``PART E--UNIFORM PROVISIONS
``SEC. 9501. MAINTENANCE OF EFFORT.
``(a) General.--A local educational agency may receive funds under
a covered program for any fiscal year only if the State educational
agency finds that either the combined 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.
``(b) Reduction in Case of Failure To Meet.--(1) The State
educational agency shall reduce the amount of the allocation of funds
under a covered program in any fiscal year in the exact proportion to
which a local educational agency fails to meet the requirement of
subsection (a) 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).
``(2) No such lesser amount shall be used for computing the effort
required under subsection (a) for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of this
section if the Secretary determines that such a waiver would be
equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of
the local educational agency.
``SEC. 9502. PROHIBITION REGARDING STATE AID.
``No State may take into consideration payments under this Act
(other than under title VIII) 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.
``SEC. 9503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) General Requirement.--(1) Except as otherwise provided in
this Act, to the extent consistent with the number of eligible children
in a State educational agency, local educational agency, or
intermediate educational agency or consortium receiving financial
assistance under a program specified in subsection (b), who are
enrolled in private elementary and secondary schools in such agency or
consortium, such agency or consortium shall, after timely and
meaningful consultation with appropriate private school officials,
provide such children and their teachers or other educational
personnel, on an equitable basis, special educational services or other
benefits under such program.
``(2) Educational services or other benefits, including materials
and equipment, provided under this section, must be secular, neutral,
and nonideological.
``(3) Educational services and other benefits provided under this
section for such private school children, teachers, and other
educational personnel shall be equitable in comparison to services and
other benefits for public school children, teachers, and other
educational personnel participating in such program.
``(4) Expenditures for educational services and other benefits
provided under this section to eligible private school children, their
teachers, and other educational personnel serving them shall be equal,
taking into account the number and educational needs of the children to
be served, to the expenditures for participating public school
children.
``(5) Such agency or consortium may provide such services directly
or through contracts with public and private agencies, organizations,
and institutions.
``(b) Applicability.--(1) This section applies to--
``(A) each covered program; and
``(B) programs under title VII of this Act.
``(2) For the purposes of this section, the term `eligible
children' mean children eligible for services under a program described
in paragraph (1).
``(c) Public Control of Funds.--(1) The control of funds used to
provide services under this section, and title to materials, equipment,
and property purchased with these funds, shall be in a public agency
for the uses and purposes provided in this Act, and a public agency
shall administer such funds and property.
``(2)(A) The provision of services under this section shall be
provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee, person,
association, agency, or organization shall be independent of such
private school and of any religious organization, and such employment
or contract shall be under the control and supervision of such public
agency.
``(C) Funds used to provide services under this section shall not
be commingled with non-Federal funds.
``SEC. 9504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State, local, or
intermediate educational agency or consortium is prohibited from
providing for the participation in programs of children enrolled in, or
teachers or other educational personnel from, private elementary and
secondary schools, on an equitable basis, or if the Secretary
determines that such agency or consortium has substantially failed or
is unwilling to provide for such participation, as required by section
9503, the Secretary shall--
``(1) waive the requirements of that section for such
agency or consortium; and
``(2) arrange for the provision of equitable services to
such children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 9503, 9505, and 9506.
``SEC. 9505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations by an agency or consortium of
section 9503 of this Act. Such individual or organization shall submit
such complaint to the State educational agency for a written resolution
by such agency within a reasonable period of time.
``(b) Appeals to the Secretary.--Such resolution may be appealed by
an interested party to the Secretary within 30 days after the State
educational agency resolves the complaint or fails to resolve the
complaint within a reasonable period of time. Such appeal shall be
accompanied by a copy of the State educational agency's resolution, and
a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal within 120
days after receipt of the appeal.
``SEC. 9506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--(1)(A) The Secretary shall not take any final action
under section 9504 until the agency or consortium affected by such
action has had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to appear
before the Secretary to show cause why that action should not be taken.
``(B) Pending final resolution of any investigation or complaint
that could result in a determination under this section, 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.
``(2)(A) If such affected agency or consortium is dissatisfied with
the Secretary's final action after a proceeding under paragraph (1), 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.
``(B) A copy of the petition shall be forthwith transmitted by the
clerk of the court to the Secretary.
``(C) The Secretary thereupon shall file in the court the record of
the proceedings on which the Secretary based this action, as provided
in section 2112 of title 28, United States Code.
``(3)(A) 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 Secretary's previous action, and shall file
in the court the record of the further proceedings.
``(B) Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
``(4)(A) 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.
``(B) 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.
``(b) Determination.--Any determination by the Secretary under this
section shall continue in effect until the Secretary determines, in
consultation with such agency or consortium and representatives of the
affected private school children, teachers, or other educational
personnel that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable requirements
of section 9503 or any other provision of this Act.
``(c) Payment From State Allotment.--When the Secretary arranges
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 allocation or
allocations under this Act.
``(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day before enactment of
the Improving America's Schools Act of 1994 shall remain in effect to
the extent the Secretary determines that it is consistent with the
purpose of this section.
``SEC. 9507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
``Nothing contained in this Act shall be construed to authorize the
making of any payment under this Act for religious worship or
instruction.''.
``PART F--GUN POSSESSION
``SEC. 9601. POLICY FOR GUN POSSESSION.
``(a) In General.--Each local educational agency which receives
assistance under this Act shall have a policy that addresses student
possession and use of a gun on school property.
``(b) Policy Content.--The content of such policy may include--
``(1) punishment requirements for possession and use of a
gun on school property, including expulsion and suspension;
``(2) alternative placement for an individual who violates
the policy;
``(3) educational services for a student expelled from
school for violation of the policy; and
``(4) opportunities for a hearing to address expulsion or
suspension decisions for violation of the policy.
``TITLE X--COORDINATED SERVICES PROJECTS
``SEC. 10001. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress makes the following findings:
``(1) Growing numbers of children are negatively affected
by influences outside of the classroom which increase their
risk of academic failure.
``(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of child
care and substance abuse adversely affect family relationships
and the ability of a child to learn.
``(3) Parents and other caregivers in today's high pressure
society often face demands which place restraints on their time
and affect their ability to adequately provide for the needs of
their families.
``(4) Access to health and social service programs can
address the basic physical and emotional needs of children so
that they can fully participate in the learning experiences
offered them in school.
``(5) Services for at-risk students need to be more
convenient, less fragmented, regulated and duplicative in order
to meet the needs of children and their families.
``(6) School personnel, parents, and support service
providers often lack knowledge of, and access to, available
services for at-risk students and their families in the
community, and have few resources to coordinate services and
make them accessible.
``(7) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice workers
and others, are often trained in separate disciplines that
provide little support for the coordination of services.
``(8) Coordination of services is more cost effective
because it substitutes prevention for expensive crisis
intervention.
``(9) Coordinating health and social services with
education can help the Nation meet the National Education Goals
by ensuring better outcomes for children.
``(b) Purpose of Coordinating Services.--The purpose of this
section is to provide elementary and secondary school students and
their families better access to the social, health and education
services necessary for students to succeed in school and for their
families to take an active role in ensuring that children receive the
best possible education.
``SEC. 10002. DEFINITIONS.
``(a) The term `coordinated services project' refers to a
comprehensive approach to meeting the educational, health, social
service, and other needs of children and their families, including
foster children and their foster families, through a communitywide
partnership that links public and private agencies providing such
services or access to such services through a coordination site at or
near a school.
``(b) An `eligible entity' is a local educational agency,
individual school, or consortium of schools.
``SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTATION.
``(a) Project Plans.--Eligible entities exercising their authority
under section 9206(b) shall submit to the Secretary an application for
the development of a plan or a plan for the implementation of a
coordinated services project.
``(b) Project Development.--The application for the development of
the coordinated services project, which can last for up to one year,
shall:
``(1) demonstrate that an assessment will be performed of
the economic, social, and health barriers to educational
achievement experienced by children and families, including
foster children and their foster families, in the community,
and the local, State, federal, and privately funded services
available to meet such needs;
``(2) identify the measures that will be taken to establish
a communitywide partnership that links public and private
agencies providing services to children and families; and
``(3) identify any other measures that will be taken to
develop a comprehensive plan for the implementation of a
coordinated services project or projects.
``(c) Project Implementation.--Eligible entities shall submit to
the Secretary a plan for the implementation or expansion of a
coordinated services project. Such plan shall include--
``(1) the results of a children and families needs
assessment, which will include an assessment of the needs of
foster children;
``(2) the membership of the coordinated services project
partnership;
``(3) a description of the proposed coordinated services
project, its objectives, where it will be located, and the
staff that will be used to carry out the purposes of the
project;
``(4) a description of how the success of the coordinated
services project will be evaluated;
``(5) a description of the training to be provided to
teachers and appropriate personnel; and
``(6) information regarding whether or not a sliding scale
fee for services will be employed, and if not, an explanation
of why such scale is not feasible.
``SEC. 10004. USES OF FUNDS.
``(a) Funds utilized under the authority of section 9206(b) may be
used for activities under this title which include--
``(1) hiring a services coordinator;
``(2) making minor renovations to existing buildings;
``(3) purchasing basic operating equipment;
``(4) improving communications and information-sharing
between members of the coordinated services project
partnership;
``(5) providing training to teachers and appropriate
personnel concerning their role in a coordinated services
project; and
``(6) conducting the needs assessment required in section
10003(b)(1).
``(b) Projects operating under the authority of this title shall
comply with the requirements of Sec. 1121(b).
``SEC. 10005. CONTINUING AUTHORITY.
``The Secretary shall not approve the plan of any project which
fails to demonstrate that it is achieving effective coordination after
2 years of implementation.
``SEC. 10006. FEDERAL AGENCY COORDINATION.
``(a) Agency Coordination.--The Secretaries of Education, Health
and Human Services, Labor, Housing and Urban Development, Treasury, and
Agriculture, and the Attorney General shall review the programs
administered by their agencies to identify barriers to service
coordination.
``(b) Report to Congress.--Such Secretaries and the Attorney
General shall submit jointly a report to the Congress not later than 2
years after the date of the enactment of the Improving America's
Schools Act, based on the review required under paragraph (a)
recommending legislative and regulatory action to address such
barriers, and during this time, shall use waiver authorities authorized
under this and other Acts.
``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT
``SEC. 11001. FINDINGS.
``The Congress finds the following:
``(1) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings in the United States need to be replaced.
``(2) Almost one-third of such buildings were built prior
to World War II.
``(3) It is estimated that 1 of every 4 public school
buildings in the United States is in inadequate condition, and
of such buildings, 61 percent need maintenance or major
repairs, 43 percent are obsolete, 42 percent contain
environmental hazards, 25 percent are overcrowded, and 13
percent are structurally unsound.
``(4) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
``SEC. 11002. PURPOSE.
``The purpose of this Act is the leverage limited Federal funds to
enable local educational agencies to finance the costs associated with
the improvement of school facilities within their jurisdiction.
``SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF LOANS.
``(a) Authority and Conditions for Loans.--To assist local
educational agencies in the construction, reconstruction, or renovation
of schools, the Secretary may make loans of funds to such agencies for
the construction, reconstruction, or renovation of such schools. Such
assistance shall only be provided--
``(1) to local educational agencies eligible for grants
under section 1124A of part A of title I, schools located on
Indian reservations, or local educational agencies eligible for
payments under section 8004.
``(2) if the Secretary finds that such constructions will
be undertaken in an economical manner, and that any such
construction, reconstruction or renovation is not or will not
be of elaborate or extravagant design or materials.
``(b) Priorities.--In approving loans under this title, the
Secretary shall consider--
``(1) the difficulty of the applicant in securing
affordable financing from other sources;
``(2) the threat the condition of the physical plant poses
to the safety and well-being of students;
``(3) the demonstrated need for the construction,
reconstruction, or renovation as based on the condition of the
facility; and
``(4) the age of the facility to be renovated or replaced.
``(c) Amount and Conditions of Loans.--A loan to a local
educational agency--
``(1) may be in an amount not exceeding the total
development cost of the facility, as determined by the
Secretary;
``(2) shall be secured in such manner and be repaid within
such period, not exceeding 50 years, as may be determined by
the Secretary; and
``(3) shall bear interest at a rate determined by the
Secretary which shall be the rate of interest paid by the
Secretary on funds obtained from the Secretary of the Treasury
minus 1 and one quarter per cent each year.
``SEC. 11004. GENERAL PROVISIONS.
``(a) Budget and Accounting.--In the performance of, and with
respect to, the functions, powers, and duties under this part, the
Secretary, notwithstanding the provisions of any other law, shall--
``(1) prepare annually and submit a budget program as
provided for wholly owned Government corporations by chapter 91
of title 31, United States Code; and
``(2) maintain a set of accounts which shall be audited by
the Comptroller General in accordance with the provisions of
chapter 35 of title 31, United States Code, but such financial
transactions of the Secretary, as the making of loans and
vouchers approved by the Secretary, in connection with such
financial transactions shall be final and conclusive upon all
officers of the Government.
``(b) Use of Funds.--Funds made available to the Secretary pursuant
to the provisions of this part shall be deposited in a checking account
or accounts with the Treasurer of the United States. Receipts and
assets obtained or held by the Secretary in connection with the
performance of functions under this part, and all funds available for
carrying out the functions of the Secretary under this part (including
appropriations therefor, which are hereby authorized), shall be
available, in such amounts as may from year to year be authorized by
the Congress, for the administrative expenses of the Secretary in
connection with the performance of such functions.
``(c) Legal Powers.--In the performance of, and with respect to,
the functions, powers, and duties under this part, the Secretary,
notwithstanding the provisions of any other law, may--
``(1) prescribe such rules and regulations as may be
necessary to carry out the purposes of this part;
``(2) sue and be sued;
``(3) foreclose on any property or commence any action to
protect or enforce any right conferred upon the Secretary by
any law, contract, or other agreement, and bid for and purchase
at any foreclosure or any other sale any property in connection
with which the Secretary has made a loan pursuant to this part;
``(4) in the event of any such acquisition, notwithstanding
any other provision of law relating to the acquisition,
handling, or disposal of real property by the United States,
complete, administer, remodel and convert, dispose of, lease,
and otherwise deal with, such property, but any such
acquisition of real property shall not deprive any State or
political subdivision thereof of its civil or criminal
jurisdiction in and over such property or impair the civil
rights under the State or local laws of the inhabitants on such
property;
``(5) sell or exchange at public or private sale, or lease,
real or personal property, and sell or exchange any securities
or obligations, upon such terms as the Secretary may fix;
``(6) obtain insurance against loss in connection with
property and other assets held; and
``(7) include in any contract or instrument made pursuant
to this part such other covenants, conditions, or provisions as
may be necessary to assure that the purposes of this part will
be achieved.
``(d) Contracts for Supplies or Services.--Section 3709 of the
Revised Statutes shall not apply to any contract for services or
supplies on account of any property acquired pursuant to this part if
the amount of such contract does not exceed $1,000.
``(e) Applicability of Government Corporation Control Act.--The
provisions of section 9107(a) of title 31, United States Code, which
are applicable to corporations or agencies subject to chapter 91 of
such title, shall also be applicable to the activities of the Secretary
under this part.
``(f) Wage Rates.--The Secretary shall take such action as may be
necessary to ensure that all laborers and mechanics employed by
contractors or subcontractors on any project assisted under this part--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction in
the immediate locality as determined by the Secretary of Labor
in accordance with the Act of March 3, 1931 (Davis-Bacon Act),
as amended; and
``(2) shall be employed not more than 40 hours in any one
week unless the employee receives wages for the employee's
employment in excess of the hours specified above at a rate not
less than one and one-half times the regular rate at which the
employee is employed,
but the Secretary may waive the application of this subsection in cases
or classes of cases where laborers or mechanics, not otherwise employed
at any time in the construction of such project, voluntarily donate
their services without full compensation for the purpose of lowering
the costs of construction and the Secretary determines that any amounts
saved thereby are fully credited to the educational institution
undertaking the construction.
``(g) Limitations.--(1) No loan shall be made under this part to
any local educational agency until 5 years after the date on which a
previous loan to that agency was made under this part, unless the loan
is intended to be used to construct or reconstruct a facility damaged
as a result of a national disaster, as declared by the President.
``(2) Not more than 12.5 percent of the amount of the funds
provided for in this part in the form of loans annually shall be made
available to educational institutions within any one State.
``SEC. 11005. DEFINITIONS.
``The term `school' is defined as structures suitable for use as
classrooms, laboratories, libraries, and related facilities, the
primary purpose of which is the instruction of elementary and secondary
school students.
``SEC. 11006. AUTHORIZATION.
``There are authorized to be appropriated to carry out this title,
$200,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''.
``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE
``PART A--URBAN EDUCATION DEMONSTRATION GRANTS
``SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.
``(a) Demonstration Grants.--(1) There is authorized to be
appropriated $200,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1999 to carry out
the provisions of sections 12003 and 12103.
``(2) 50 percent of the amount appropriated under paragraph (1)
shall be reserved and made available only for the purposes of section
12103. If the amount reserved for any fiscal year for section 12103 is
less than $50,000,000, the Secretary shall grant awards on a
competitive basis to local educational agencies serving rural areas,
making such that there is an equitable geographic distribution of such
awards. If the amount reserved for any fiscal year for section 12103
exceeds $50,000,000, the Secretary shall grant awards in such a manner
that a local educational agency serving rural areas in each State
receives such an award.
``(3) 50 percent of the amount appropriated under paragraph (1)
shall be reserved and made available only for the purposes of section
12003.
``(b) Higher Education and Research Grants.--(1) There are
authorized to be appropriated $50,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the fiscal years 1996 through
1999 to carry out the provisions of sections 12004 and 12104.
``(2) 50 percent of the amount appropriated under paragraph (1)
shall be reserved and made available only for the purposes of section
12004.
``(3) 50 percent of the amount appropriated under paragraph (1)
shall be reserved and made available only for the purposes of section
12104.
(c) Commissions.--``There are authorized to be appropriated for
fiscal years 1995, 1996, and 1997 such sums as may be necessary to
carry out the provisions of sections 12006 and 12105. Amounts
appropriated pursuant to this authority shall remain available until
expended.
``(d) Evaluation.--There are authorized to be appropriated for each
of the fiscal years 1995 through 1999 such sums as may be necessary to
carry out the provisions of section 12005.
``SEC. 12001. FINDINGS.
``The Congress finds that--
``(1) the ability of the Nation's major urban school
systems to meet the Nation's educational goals will determine
the country's economic competitiveness and academic standing in
the world community;
``(2) the quality of public education in the Nation's major
urban areas has a direct effect on the economic development of
the Nation's inner cities;
``(3) the success of urban schools in boosting the
achievement of its 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
$21,000,000,000 per year;
``(5) approximately \1/3\ of the Nation's work force will
be minority by the year 2000;
``(6) urban schools enroll a disproportionately large share
of the Nation's poor and `at-risk' youth;
``(7) urban schools enroll approximately \1/3\ of Nation's
poor, 40 percent of the Nation's African American children, and
30 percent of the Nation's Hispanic youth;
``(8) nearly 20 percent of the Nation's limited English
proficient children and 15 percent of the Nation's disabled
youth are enrolled in urban schools;
``(9) the academic performance of students in the average
inner-city public school system is below that of students in
most other kinds of school systems;
``(10) urban schools systems have higher dropout rates,
more problems with health care and less parental participation
than other kinds of school systems;
``(11) urban preschoolers have one-half the access to early
childhood development programs as do other children;
``(12) shortages of teachers in urban school systems are
2.5 times greater than such shortages in other kinds of school
systems;
``(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational opportunities;
``(14) urban schools systems have greater problems with
teen pregnancy, discipline, drug abuse and gangs than do other
kinds of school systems;
``(15) 75 percent of urban school buildings are over 25
years old, 33 percent of such buildings are over 50 years old,
and such buildings are often in serious disrepair and create
poor and demoralizing working and learning conditions;
``(16) solving the challenges facing our Nation's urban
schools will require the concerted and collaborative efforts of
all levels of government and all sectors of the community;
``(17) State and Federal funding or urban schools has not
adequately reflected need; and
``(18) Federal funding that is well targeted, flexible and
accountable would contribute significantly to addressing the
comprehensive needs of inner-city schools.
``SEC. 12002. STATEMENT OF PURPOSE.
``It is the purpose of this Act to provide financial assistance
to--
``(1) assist urban schools in meeting national education
goals;
``(2) improve the educational and social well being of
urban public school children;
``(3) close the achievement gap between urban and nonurban
school children, while improving the achievement level of all
children nationally;
``(4) renovate and repair urban school buildings and
facilities;
``(5) conduct coordinated research on urban education
problems, solutions and promising practices;
``(6) improve the Nation's global economic and educational
competitiveness by improving the country's urban schools;
``(7) encourage community, parental and business
collaboration in the improvement or urban schools; and
``(8) review regulations whose simplification might improve
the achievement of urban school children.
``SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to
eligible local educational agencies serving an urban area or State
educational agencies in the case where the State educational agency is
the local educational agency for activities designed to assist in local
school improvement efforts and school reform, and to assist the schools
of such agencies in meeting the National Education Goals.
``(b) Authorized Activities.--Funds under this section may be used
to--
``(1) increase academic achievement or urban school
children;
``(2) ensure the readiness of urban children for school;
``(3) increase the graduation rates of urban students;
``(4) prepare urban school graduates to enter higher
education, pursue careers, and exercise their responsibilities
as citizens;
``(5) recruit and retain qualified teachers, particularly
minority teachers and teachers specializing in areas of
critical shortage;
``(6) provide for ongoing staff development to increase the
professional capacities of the teaching staff and the skills of
teacher aides and paraprofessionals;
``(7) decrease the use of drugs and alcohol among urban
students and to ensure the physical and emotional well-being of
such students in a bias-free school environment;
``(8) coordinate and collaborate with parents, the
community, the private sector, and with other service providers
and programs;
``(9) acquire and improve access to educational technology;
and
``(10) assist the schools most in need of services by
replicating successful efforts of other urban local educational
agencies and expanding successful programs within the eligible
agency.
``(c) General Provisions.--An eligible local educational agency
desiring to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require, consistent with this section.
``(d) Definitions.--Except as otherwise provided, for the purposes
of this part--
``(1) Central city.--The term `central city' has the same
meaning as that used by the United States Census Bureau.
``(2) Eligible local educational agency.--The term
`eligible local educational agency' means a local educational
agency which--
``(A) serves the largest central city in a State;
``(B) enrolls more than 30,000 students and serves
a central city with a population of at least 200,000 in
a metropolitan statistical area; or
``(C) enrolls between 25,000 and 30,000 students
and serves a central city with a population of at least
140,000 in a metropolitan statistical area.
``(3) Metropolitan statistical area.--The term
`metropolitan statistical area' has the same meaning as that
used by the United States Census Bureau.
``SEC. 12004. RESEARCH AND EVALUATION GRANTS.
``The Secretary is authorized to make grants and enter into
contracts with eligible local educational agencies, and institutions of
higher education jointly with eligible local educational agencies to
conduct research and evaluate programs for improving and reforming the
Nation's urban schools.
``SEC. 12005. USE OF FUNDS.
``Funds allotted to eligible local educational agencies and
institutions of higher education under section 12004 may be used for--
``(1) collaborative and coordinated research and evaluation
of educational techniques or approaches used in multiple
eligible local educational agencies;
``(2) evaluation of projects assisted under title I;
``(3) collection and dissemination of information on
successful projects and approaches assisted under title I;
``(4) design and implementation of extension service
programs to allow an eligible local educational agency to
provide technical assistance to individual schools and teachers
involved in projects assisted under title I;
``(5) provision of data and information management services
to individual schools assisted under title I;
``(6) provision of staff training in schools assisted under
title I;
``(7) evaluation of progress made by eligible local
educational agencies assisted under this Act in meeting
national education goals;
``(8) provision of staff training in test interpretation
and use for diagnostic purposes;
``(9) provision of information to parents on test results
and test interpretation;
``(10) provision of technology and training in its research
and evaluation uses;
``(11) development of assessment tools of students in
individualized instruction;
``(12) research on school policies and practices which may
be barriers to the success of students in school; and
``(13) development and testing of new multiple, alternative
assessments of student progress toward the national education
goals which are race and gender bias-free and sensitive to
limited-English proficient and disabled students.
``SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMISSION ON URBAN
EDUCATION.
``(a) Establishment.--There is established a National Commission on
Urban Education (in this Act referred to as the `Commission').
``(b) Membership.--
``(1) In general.--The Commission shall be composed of 12
members as follows:
``(A) 4 of the Members shall be appointed by the
President.
``(B) 4 of the Members shall be appointed by the
Speaker of the House, including 2 Members of the House,
of which 1 shall be from each political party.
``(C) 4 of the members shall be appointed by the
President pro tempore of the Senate, including 2
Members of the Senate, of which 1 shall be from each
political party.
``(2) Chairperson.--The Chairperson of the Commission shall
be elected by the members of the Commission and shall continue
to serve for the duration of the Commission.
``(3) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
``(c) Duties.--The Commission shall study the following issues:
``(1) Demographic changes.--Demographic changes in student
enrollment and classroom teachers in the 10-year period prior
to the date of enactment of this Act.
``(2) Special needs.--Numbers and types of special needs of
students in urban schools.
``(3) Unserved or underserved students.--Number of unserved
or underserved students in urban schools eligible for
assistance under the Head Start Act, chapter 1 of title 1 of
the Elementary and Secondary Education Act of 1965, School
Dropout Demonstration Assistance Act of 1988, Drug Free Schools
and Communities Act of 1986. Carl D. Perkins Vocational and
Applied Technology Education Act, Education of the Handicapped
Act and other Federal programs.
``(4) student performance.--Program and management efforts
in urban schools designed to enhance student performance, and
reasons for the effectiveness of such efforts.
``(5) Financial support.--Financial support and funding
needs of urban schools from local, State, and Federal sources.
``(6) Collaborate efforts.--Collaborative efforts and
programs between urban schools, the private sector, and
community groups.
``(7) Supply needs.--Supply needs for teachers in urban
schools in the 10-year period beginning on the date of
enactment of this Act.
``(d) Reports.--
``(1) In general.--The Commission shall submit a report
that includes recommendations to the President and to the
appropriate committees of the Congress on the findings of the
study required by this section. The report shall be submitted
as soon as practicable.
``(2) Proposal for changes in federal legislation.--The
report submitted under this section shall include proposals for
changes in Federal legislation.
``(e) Staff.--Such personnel as the Commission deems necessary may
be appointed by the Commission without regard to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and may be paid without regard to the provisions 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 of basic pay for level III of the Executive
Schedule.
``(f) Compensation.--
``(1) In general.--Members of the Commission who are
officers or full-time employees of the United States shall
receive no additional pay, allowances, or benefits by reason of
their service on the Commission.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5702 and 5703 of title 5, United States
Code.
``(3) Special rule.--Members of the Commission who are not
officers or full-time employees of the United States may
receive a per diem and travel allowance as is provided by the
United States Code for persons in the Government service
employed intermittently.
``(g) Administration.--
``(1) In general.--The Commission or, on the authorization
of the Commission, any committee thereof, may, for the purpose
of carrying out the provisions of this section, hold such
hearings and site and act at such times and such places within
the United States as the Commission or such committee considers
advisable.
``(2) Consultation.--In carrying out its duties under this
section, the Commission shall consult with other Federal
agencies, representatives of State and local governments, and
private organizations to the extent feasible.
``(3) Information.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this section. Upon request
of the Chairperson of the Commission, the head of such
department or agency shall furnish that information to the
Commission.
``(4) Contracts.--The Commission is authorized to enter
into contracts to secure the necessary data and information to
conduct its work and to obtain the services of experts and
consultants.
``(5) Cooperation.--The heads of all Federal agencies are,
to the extent practicable, directed to cooperate with the
Commission in carrying out this section.
``(6) Special rule.--The Commission is authorized to
utilize, with the consent of such agencies, the services,
personnel, information, and facilities of other Federal, State,
local, and private agencies with or without reimbursement.
``(h) Termination.--The Commission shall terminate 3 years after
the date of its first meeting.
``SEC. 12007. EVALUATION.
``The Secretary is authorized directly, or through grants or
contracts to evaluate the programs and activities funded under this
title, broadly disseminate such information to other school districts,
and to report the results of such evaluation to the Education and Labor
Committee of the House of Representatives and the Labor and Human
Resources Committee of the Senate.
``PART B--RURAL EDUCATION DEMONSTRATION GRANTS
``SEC. 12101. FINDINGS.
``The Congress finds that--
``(1) rural schools are essential to national efforts to
meet the National Education Goals;
``(2) approximately 60 percent of the Nation's public
school districts are rural, with populations of less than
2,500;
``(3) about 1 out of every 4 of America's rural school
children are living below the poverty level;
``(4) the quality of public education in rural areas has a
direct effect on the economic development of our country's
rural communities;
``(5) the academic performance of students in the average
rural school system is below that of students in most other
suburban school systems;
``(6) the average age of rural public school buildings is
more than 45 years old, creating poor and demoralizing working
and learning conditions;
``(7) shortages of teachers for rural school systems is
greater than in other kinds of school systems;
``(8) 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 education
community; and
``(9) additional Federal funding would contribute
significantly to addressing the comprehensive needs of rural
schools.
``SEC. 12102. STATEMENT OF PURPOSE.
``It is the purpose of this part to provide financial assistance to
rural schools to encourage innovative school reform programs, the
enhanced use of telecommunications technology for learning, and
inservice training and teacher recruitment initiatives in cooperation
with institutions of higher education designed to augment local school
improvement activities.
``SEC. 12103. RURAL SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to
local education agencies serving rural areas or State educational
agencies in the case where the State educational agency is the local
educational agency for activities designed to assist in local school
improvement efforts.
``(b) Authorized Activities.--Funds under this title may be used
to--
``(1) assist rural schools in meeting National Education
goals and undertaking local school improvement initiatives;
``(2) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(3) encourage rural school consortia for the purpose of
increasing efficiency and course offerings;
``(4) provide meaningful inservice training opportunities
for rural public school teachers; and
``(5) assist rural schools in acquiring and improving
access to educational technology, including distance learning
technologies.
``(c) General Provisions.--Each eligible entity desiring a grant
under 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. Awards made by the Secretary shall be
of sufficient size and scope to achieve significant rural school
improvement.
``SEC. 12104. HIGHER EDUCATION GRANTS.
``(a) Grants.--The Secretary is authorized to make grants to
institutions of higher education, consortia of such institutions, or
partnerships between institutions of higher education and local
education agencies to assist rural schools and local education agencies
serving rural areas in undertaking local school improvement activities.
``(b) Authorized Activities.--Funds under this section may be used
to--
``(1) assist rural schools in meeting National Education
Goals;
``(2) assist in the recruitment and training of teachers in
rural schools;
``(3) assist rural schools in the development of
appropriate innovative school improvement initiatives;
``(4) provide inservice training opportunities for teachers
in rural schools; and
``(5) provide technical assistance in the use and
installation of innovative telecommunications technology.
``(c) General Provisions.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``SEC. 12105. NATIONAL COMMISSION ON RURAL EDUCATION.
``(a) Establishment.--There is established a National Commission on
Rural Education.
``(b) Membership.--The Commission shall be composed of 12 members,
4 of whom shall be appointed by the President of the United States, 4
of whom shall be appointed by the Speaker of the House upon the
recommendation of the majority leader and the minority leader, and 4 of
whom shall be appointed by the President pro tempore of the Senate upon
the recommendation of the majority leader and the minority leader. A
majority of the members of the Commission shall be individuals involved
in rural education, with at least 2 individuals involved in rural
postsecondary education. The Chair of the Commission shall be elected
by the President from among his 4 appointees and shall continue to
serve during the duration of the Commission. Vacancies in the
Commission shall be filled in the same manner as the original
appointment.
``(c) Studies.--The Commission shall conduct a full and complete
study on the State of rural education in America. Included in this
analysis should be the impact of demographic changes in rural schools,
the special needs of these schools, the current and future teacher
needs of these schools, the effectiveness of existing Federal education
programs in meeting the needs of these schools, the adequacy of
financial support for these schools, and any other issues that the
Commission deems to be important and essential for a complete and
exhaustive examination of the state and condition of rural schools in
America.
``(d) Staff.--The Commission may appoint such staff as may be
necessary by the Chair without regard to the provisions of title 5,
United States Code, governing appointments in the competitive service,
and may pay such staff without regard to the provisions of chapter 51
of subchapter 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.
``(e) Compensation and Expenses.--(1) Members of the Commission who
are officers or full-time employees of the United States shall serve
without compensation in addition to that received for their services as
officers and employees of the United States. Such members may be
allowed travel expenses and per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code.
``(2) Members of the Commission who are not officers or full-time
employees of the United States may each receive per diem and travel
allowance as is provided by the United States Code for persons in the
Government service employed intermittently.
``(f) Administration.--(1) The Commission may organize itself in
whatever manner is most appropriate for the conduct of its activities.
It may hold such hearings and act at such time and such places within
the United States as it may consider advisable. In carrying out its
duties, the Commission may consult with other Federal agencies,
representatives of State and local governments, and private
organizations to the extent feasible.
``(2) The Commission is authorized to secure directly from any
executive department, bureau, agency, board, commission, office,
independent establishment, or instrumentality, information,
suggestions, estimates, and statistics for the purpose of this section,
and each such department, bureau, agency, board, commission, office,
independent establishment, or instrumentality is authorized and
directed, to the extent permitted by law, to furnish such information,
suggestions, estimates, and statistics directly to the Commission, upon
request by the Chair.
``(3) The Commission may enter into contracts for the acquisition
of information, suggestions, estimates, and statistics for the purpose
of this section. The Commission is authorized to obtain the services of
experts and consultants without regard to section 3109 of title 5,
United States Code, and to set pay in accordance with such section.
``(4) The head of such Federal agency shall, to the extent not
prohibited by law, cooperate with the Commission in carrying out this
section. The Commission is authorized to utilize, with their consent,
the services, personnel, information, and facilities of other Federal,
State, local, and private agencies with or without reimbursement.
``(g) Final Report.--The Commission shall report to Congress its
findings not later than 3 years after the date of enactment of this
Act. Such report may include legislative recommendations. The
Commission may make whatever interim reports to Congress that it deems
necessary.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act (20 U.S.C. 1221
et seq.; referred to in this title as ``the Act'') is amended to read
as follows:
``title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General Education
Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies to each
applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not apply to
any contract made by the Department of Education.
``(c) As used in this title, the following terms have the following
meanings:
``(1) The term `applicable program' means any program for
which the Secretary or the Department has administrative
responsibility as provided by law or by delegation of authority
pursuant to law. The term includes each program for which the
Secretary or the Department has administrative responsibility
under the Department of Education Organization Act or under
statutes effective after the effective date of that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any
other subdivision of an Act, as the case may be, that
authorizes the appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of
Education.
``(4) The term `Secretary' means the Secretary of
Education.
``(d) Nothing in this title shall be construed to affect the
applicability of title VI of the Civil Rights Act of 1964, title IX of
the Education Amendments of 1972, title V of the Rehabilitation Act of
1973, the Age Discrimination Act, or other statutes prohibiting
discrimination, to any applicable program.''.
SEC. 212. REPEAL AND REDESIGNATION.
(a) The following provisions of the Act are repealed:
(1) Sections 400A, 401, 402, 405, 406, 406A, 406B, 406C,
407, 413, 416, 419, 421, 423, 424, 426A, and 429; and
(2) part D.
(b) Sections 403, 408, 409, 411, 412, 414, 415, 417, 420, 421A,
422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435, 436, 437, 438,
439, and 440 are redesignated as 401, 410, 411, 420, 421, 422, 423,
425, 426, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441,
442, 443, 444, 445, and 446 respectively.
(c) Part E is redesignated as part D.
PART B--THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read as follows:
``Part A--Functions of the Department of Education''.
SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.
Section 401 of the Act (as redesignated) is amended by--
(1) striking the heading of such section and inserting the
following new heading:
``office of non-public education''.
(2) striking subsections (a), (b), and (c); and
(3) striking ``(d)(1) There'' and inserting ``Sec. 401 (1)
There''.
SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated) is amended to read as
follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested by law or by delegation of authority pursuant to law,
and subject to limitations as may be otherwise imposed by law, is
authorized to make, promulgate, issue, rescind, and amend rules and
regulations governing the manner of operation of, and governing the
applicable programs administered by, the Department.''.
SEC. 224. COORDINATION.
The Act is amended by inserting the following new section 412:
``coordination
``Sec. 412. The Advisory Council on Education Statistics, the
National Education Goals Panel, the National Education Statistics and
Improvement Council, and any other Board established to analyze,
address, or approve standards and assessments shall coordinate and
interact with one another in order to ensure that each entity does not
duplicate activities to assist States in their efforts to reform their
educational systems.''.
PART C--APPROPRIATIONS AND EVALUATIONS
SEC. 230. FORWARD FUNDING.
Section 420 of the Act (as redesignated) is amended to read as
follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible State,
local, and Federal officers adequate notice of available Federal
financial assistance for carrying out ongoing education activities and
projects, appropriations for grants, contracts, or other payments under
any applicable program are authorized to be included in the
appropriations Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the application of
this section may result in the enactment, in a fiscal year, of separate
appropriations for an applicable program (whether in the same
appropriations Act or otherwise) for 2 consecutive fiscal years.''.
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) The heading for section 421 of the Act (as redesignated) is
amended to read as follows: ``availability of appropriations on
academic or school-year basis; additional period for expenditure of
funds''.
(b) Section 421 of the Act (as redesignated) is further amended--
(1) in subsection (b) by striking ``(b) Notwithstanding''
and inserting ``(b)(1) Notwithstanding''; and
(2) in subsection (c) by striking ``section 3679(d)(2) of
the Revised Statutes'' and inserting ``section 1341(a) of title
31 of the United States Code''.
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated) is amended to read as
follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable program shall be automatically extended for
one additional fiscal year unless Congress, in the regular session that
ends prior to the beginning of the terminal fiscal year of such
authorization or duration, has passed legislation that becomes law and
extends or repeals the authorization or duration of such program.
``(b) The amount authorized to be appropriated for the period of
automatic extension of an applicable program under subsection (a) shall
be the amount that was authorized to be appropriated for that program
during its terminal fiscal year.
``(c) During the period of automatic extension of an applicable
program under subsection (a), the Secretary shall administer such
program, including the performance of all required acts and
determinations, in the same manner required in the termination fiscal
year by the applicable statute.
``(d) This section shall not apply to the authorization of
appropriations for a commission, council or committee which is required
by an applicable statute to terminate on a date certain.''.
SEC. 233. STATE REPORTS.
Subpart 2 of part B of the Act is amended by inserting the
following new section 424 at the beginning of such subpart.
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit to the
Secretary a report on or before March 15 of every second year. Each
such report shall include--
``(1) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
applicable program under the jurisdiction of the State
educational agency; and
``(2) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any Federal
program administered by the State that provided grants or
contracts to a local educational agency in the State.
``(b) Each report submitted as required by subsection (a) shall--
``(1) list, with respect to each program for which
information is provided, all grants made to and contracts
entered into with local educational agencies and other public
and private agencies and institutions within the State during
each fiscal year concerned;
``(2) analyze the information included in the report by
local educational agency and by program;
``(3) include the total amount of funds available to the
State under each such program for each fiscal year concerned;
and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to
the public.
``(c) If the Secretary does not receive a report by the date
required under subsection (a), or receives an incomplete report, the
Secretary, not later than 30 days after such report is required to be
submitted, shall take all reasonable measures to obtain the delinquent
or incomplete information from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information to the
National Center for Education Statistics, and shall make such
information available, at a reasonable cost, to any individual who
requests it.
``(e) The Secretary shall consult with the Speaker and Minority
Leader of the House of Representatives and the Majority and Minority
Leaders of the Senate regarding the costs and feasibility of making the
information described in subsection (a) available as part of a
telecommunications network that is readily accessible to every member
of Congress and other interested parties.
``(f) On or before August 15th of each year in which reports are
submitted under subsection (a), the Secretary shall submit a report to
the Committee on Education and Labor of the House of Representatives
and the Committee on Labor and Human Resources of the Senate. Such
report shall include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect
to--
``(A) direct grants made to local educational
agencies by the Federal Government; and
``(B) contracts entered into between such agencies
and the Federal Government.''.
SEC. 234. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated) is amended to read as
follows:
``biennial evaluation report
``Sec. 425. Not later than March 31 of each second year beginning
with 1995, the Secretary shall transmit to the Committee on Education
and Labor of the House of Representatives and the Committee on Labor
and Human Resources of the Senate an evaluation report on the
effectiveness of applicable programs during the two preceding fiscal
years in achieving their legislated purposes. Such report shall--
``(1) contain program profiles that include legislative
citations, multi-year funding histories, and legislated
purposes;
``(2) contain recent evaluation information on the progress
being made toward the achievement of program objectives,
including listings of program performance indicators, data from
performance measurement based on the indicators, evaluation
information on the costs and benefits of the applicable
programs being evaluated.
``(3) contain selected significant program activities, such
as initiatives for program improvement, regulations, and
program monitoring and evaluation;
``(4) list the principal analyses and studies supporting
the major conclusions in such report; and
``(5) be prepared in concise summary form with necessary
detailed data and appendices, including available data to
indicate the effectiveness of the programs and projects by the
race, sex, disability and age of their beneficiaries.''.
SEC. 235. TECHNICAL AMENDMENT.
(a) Section 423 of the Act (as redesignated) is amended by striking
``Commissioner'' and inserting ``Secretary''.
(b) Section 426 of the Act (as redesignated) is amended by--
(1) striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary and
Secondary Education Act of 1965''; and
(2) striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C)'' and inserting in lieu thereof ``sections
8003(c) or residing on property described in section
8012(4)(B)(ii)''.
SEC. 236. COORDINATION.
The National Assessment Governing Board, the Advisory Council on
Statistics, the National Education Goals Panel, the National Education
Statistics and Improvement Council, and any other Board established to
analyze, address, or approve standards and assessments shall coordinate
and interact with one another in order to ensure that each entity does
not duplicate activities to assist States in their efforts to reform
their educational systems.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated) is amended to read as
follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter into
arrangements with other Federal agencies to jointly carry out projects
of common interest, to transfer to such agencies funds appropriated
under any applicable program, and to receive and use funds from such
agencies, for projects of common interest.
``(2) Funds so transferred or received shall be used only in
accordance with the statutes authorizing the appropriation of such
funds, and shall be made available by contract or grant only to
recipients eligible to receive such funds under such statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use its procedures to award contracts
or grants and to administer such awards, unless the parties to the
agreement specify the use of procedures of another agency that is a
party to the agreement.
``(4) If the Secretary has entered into an agreement authorized
under subsection (a) of this section and the Secretary and the heads of
the other agencies participating in the agreement determine that joint
funding is necessary to address a special need consistent with the
purposes and authorized activities of each program that provides
funding, the Secretary and the heads of the other participating
agencies may develop a single set of criteria for jointly funded
projects and require each applicant for those projects to submit a
single application for review by the participating agencies.
``(b) The Secretary may develop the criteria for, and require the
submission of, joint applications under two or more applicable programs
under which awards are made on a competitive basis, and may jointly
review and approve such applications separately from other applications
under such programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent with the
purposes and authorized activities of each such program. An applicant
for such a joint award must meet the eligibility requirements of each
such program.
``(c) The Secretary may not construe the provisions of this section
to take precedence over a limitation on joint funding contained in an
applicable statute.
``(d)(1) The Secretary shall provide notice to the Committee on
Education and Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate of each joint
funding agreement made with other Federal agencies not later than 60
days following the making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the
joint funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
``(C) the criteria developed to govern the award of
contracts and grants.''.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated) is amended by--
(1) striking ``(a) The Commissioner'' and inserting ``The
Secretary'';
(2) inserting ``and'' at the end of paragraph (2);
(3) striking ``; and'' at the end of paragraph (3) and
inserting ``.''; and
(4) striking paragraph (4) and subsections (b) and (c).
SEC. 243. REVIEW OF APPLICATIONS.
(a) Section 432 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program
provided for in title I of the Elementary and Secondary
Education Act of 1965,'';
(C) in the third sentence thereof, by inserting a
comma after ``the hearing''; and
(D) in the fourth sentence thereof--
(i) by striking the comma after
``guidelines''; and
(ii) by inserting a comma after
``program'';
(2) in subsection (b), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(3) in subsection (d), by striking ``Commissioner'' each
time it appears and inserting ``Secretary'' and by inserting
before the period ``or issue such other orders as the Secretary
may deem appropriate to achieve such compliance''.
(b) All statistics and other data collection and analysis reported
under this section shall, whenever feasible, be collected cross-
tabulated, analyzed, and reported by sex within race or ethnicity and
socioeconomic status. In the event that the Secretary determines that
such statistics or data collection and analysis reveals no significant
differences among such categories, the Secretary shall include in the
relevant report incorporating such statistics or data an explanation of
such determination.
SEC. 244. TECHNICAL AMENDMENT.
Section 434 of the Act (as redesignated) is amended in the first
sentence by striking ``the Commissioner'' and ``he'' and inserting
``the Secretary'' in lieu of each.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated) is amended to read as
follows:
``use of funds withheld
``Sec. 435. (a) At any time that the Secretary makes an allotment
or reallotment to any State under any applicable program, the Secretary
shall reduce such allotment or reallotment by such amount as the
Secretary determines such allotment or reallotment would have been
reduced, had the data on which the allotment or reallotment is based
excluded all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible to receive
the Federal financial assistance involved because of failure to comply
with title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the Rehabilitation Act of
1973, or the Age Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under subsection
(a)--
``(1) to increase the allotments of other local educational
agencies within the State, or the allotments of all States, in
accordance with the statutes governing the program; or
``(2) for grants to local educational agencies of that
State in accordance with section 405 of the Civil Rights Act of
1964, or for any other program administered by the Department
that is designed to enhance equity in education or redress
discrimination on the basis of race, color, national origin,
sex, age, or disability.''.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated) is amended by striking
``for three fiscal years'' and inserting ``for more than one fiscal
year''.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated) is amended--
(1) in the heading by striking ``: requirements and
enforcement'';
(2) in subsection (a) by--
(A) striking, in paragraph (1), ``Commissioner''
and inserting ``Secretary''; and
(B) striking, in paragraph (2), ``Department of
Health, Education, and Welfare or the Office of
Education, or by an official of such agencies'' and
inserting ``Secretary'';
(3) in subsection (b) by--
(A) striking ``Commissioner'' each place it appears
and inserting ``Secretary''; and
(B) striking the last sentence of paragraph (2)(B);
(4) in subsection (d) by--
(A) striking, in paragraph (1)--
(i) in the second sentence, ``transmission
unless the Congress shall, by concurrent
resolution, find that the final regulation is
inconsistent with the Act from which it derives
its authority, and disapprove such final
regulation, in whole or in part'' and insert
``transmission'';
(ii) the last sentence; and
(iii) ``(1)'';
(B) striking paragraph (2);
(5) by striking subsections (e) and (f); and
(6) in subsection (g), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking out ``grant, subgrant, contract,
subcontract, loan, or other arrangement (other than
procurement contracts awarded by an administrative head
of an educational agency)'' and inserting in lieu
thereof ``grant, subgrant, cooperative agreement, loan
or other agreement'';
(B) by inserting ``financial or programmatic''
immediately before ``audit.''; and
(C) by striking ``five'' in the last sentence and
inserting ``three''; and
(2) in subsection (b), by striking out ``to any records of
a recipient which may be related, or pertinent to, the grants,
subgrants, contracts, subcontracts, loans, or other
arrangements'' and inserting in lieu thereof ``to any records
currently maintained by a recipient that may be related, or
pertinent to, grants, subgrants, cooperative agreements, loans,
or other arrangements''.
SEC. 249. RELEASE OF RECORDS.
Section 444(b)(1)(E) of the Act (as redesignated) is amended to
read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or disclosed
pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed
reporting or disclosure concerns the juvenile justice
system and its ability to effectively serve the student
whose records are released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure
concerns the juvenile justice system and its
ability to effectively serve the student whose
records are released, and
``(II) the officials and authorities to
whom such information is disclosed certify in
writing to the educational agency or
institution that the information will not be
disclosed to any other party except as provided
under State law without the prior written
consent of the parent.''.
SEC. 250. PROTECTION OF PUPIL RIGHTS.
Section 445 of the Act (as redesignated) is amended to read as
follows:
``protection of pupil rights
``Sec. 445. (a) All instructional materials, including teacher's
manuals, films, tapes, or other supplementary material which will be
used in connection with any survey, analysis, or evaluation as part of
any applicable program shall be available for inspection by the parents
or guardians of the children.
``(b) No student shall be required, as part of any applicable
program, to submit to a survey, analysis, or evaluation that reveals
information concerning--
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, antisocial, self-incriminating, and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is an adult or
emancipated minor), or in the case of an unemancipated minor, without
the prior written consent of the parent.
``(c) Educational agencies and institutions shall give parents and
students effective notice of their rights under this section.
``(d) The Secretary shall take such action as the Secretary
determines appropriate to enforce this section, except that action to
terminate assistance provided under an applicable program shall be
taken only if the Secretary determines that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) The Secretary shall establish or designate an office and
review board within the Department of Education to investigate,
process, review, and adjudicate violations of the rights established
under this section.''.
SEC. 251. ENFORCEMENT.
(a) Section 452 of the Act is amended--
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ``stating'' and all that follows through the
end of such sentence and inserting ``establishing a prima facia
case for the recovery of funds, including an analysis
reflecting the value of the program services actually obtained
in a determination of harm to the federal interest.'';
(2) in the first sentence of paragraph (1) of subsection
(b), by striking ``30'' and inserting ``60''; and
(3) in subsection (d) by--
(A) striking ``(d) Upon'' and inserting ``(d)(1)
Upon'';
(B) adding a new paragraph (2) as follows:
``(2) During the conduct of such review, there shall not be any ex
parte contact between the Secretary and individuals representing the
Department or the recipient.''.
(b) Section 459 of the Act is amended--
(1) in paragraph (1) of subsection (a) by striking ``, and
that the recipient is in all other respects in compliance with
the requirements of that program''; and
(2) subsection (c) is amended to read as follows:
``(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 later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial
review, the fiscal year in which final judical action under
section 458 is taken.''.
SEC. 252. TECHNICAL AMENDMENTS.
(a) The heading for Part C of the Act is amended by striking
``Commissioner of Education'' and inserting ``Secretary''.
(b) Section 434 of the Act (as redesignated) is amended in the
second sentence thereof, by inserting ``is made'' after ``such
determination''.
(c) Section 436 of the Act (as redesignated) is amended by striking
``Commissioner'' each place it appears and inserting ``Secretary''.
(d)(1) The heading of section 440 of the Act (as redesignated) is
amended by striking ``educational''.
(2) Section 440 of the Act (as redesignated) is amended--
(A) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) by inserting ``(c)'' before the last sentence and by
deleting ``paragraph (3)'' in such sentence and inserting
``subsection (b)(3)''.
(e) Section 441 of the Act (as redesignated) is amended--
(1) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(2) in subsection (a)--
(A) by striking the comma after ``submits a plan'';
and
(B) by striking ``(subject, in the case of programs
under chapter 1 and chapter 2 of title I of the
Elementary and Secondary Education Act of 1965, to the
provisions of title V of such Act)''.
(f) Section 442 of the Act (as redesignated) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner''
each place it appears and inserting ``Secretary''; and
(C) in paragraph (7), by striking ``handicapped
individuals'' and inserting ``individuals with
disabilities''.
(g) Section 444 of the Act (as redesignated) is amended--
(1) in subsection (a)(4)(B)(ii), by striking the period at
the end thereof and inserting a semicolon;
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``(iii) an
administrative head of an education agency (as defined
in section 408(c)), or (iv)'' and inserting ``or
(iii)'';
(B) in paragraph (1)(H), by striking ``1954'' and
inserting ``1986''; and
(C) in paragraph (3)--
(i) by striking ``(C) an administrative
head of an education agency or (D)'' and
inserting ``or (C)''; and
(ii) by striking ``education program'' and
inserting ``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``The Secretary, or an
administrative head of an education agency,'' and
inserting ``The Secretary'';
(B) by striking ``provisions of'' after
``enforce'';
(C) by striking ``according to the provisions of''
and inserting ``in accordance with''; and
(D) by striking ``the provisions of'' after
``with''; and
(5) in subsection (g)--
(A) by striking ``Health, Education, and Welfare''
and inserting ``Education''; and
(B) by striking ``the provisions of''.
SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM
BENEFICIARIES.
The Act is further amended by inserting after section 426 (as
redesignated) a new section 427 to read as follows:
``equity for students, teachers, and other program beneficiaries
``Sec. 427. (a) The purpose of this section is to assist the
Department in implementing its mission to ensure equal access to
education and to promote educational excellence throughout the Nation,
by ensuring equal opportunities to participate for all eligible
students, teachers, and other program beneficiaries in any project or
activity carried out under an applicable program and promoting their
ability to meet high standards.
``(b) The Secretary shall require each applicant for assistance
under an applicable program (other than an individual) to develop and
describe in its application the steps it proposes to take to ensure
equitable access to, and equitable participation in, the project or
activity to be conducted with such assistance, by addressing the
special needs of students, teachers, and other program beneficiaries in
order to overcome barriers to equitable participation, including
barriers based on gender, race, color, national origin, disability, and
age.
``(c) The Secretary may establish criteria and provide technical
assistance for meeting the requirements of this section.
``(d) Nothing in this section is intended to alter in any way the
rights or responsibilities established under the statutes cited in
section 400(d) of this Act.''.
PART E--RELATED AMENDMENTS TO OTHER ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT
The Department of Education Organization Act is amended--
(1) by repealing sections 414 and 427;
(2) by redesignating sections 209, 210, 211, 212, 214, 215,
303, 304, 305, 306, 307, 415, 416, 417, 418, 419, 420, 421,
422, 423, 424, 425, 426, and 428 as sections 208, 209, 210,
211, 212, 213, 302, 303, 304, 305, 306, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425, and 426;
(3) the table of contents is amended to read as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Correctional Education.
``Sec. 213. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Contracts.
``Sec. 415. Regional and field offices.
``Sec. 416. Acquisition and maintenance of property.
``Sec. 417. Facilities at remote locations.
``Sec. 418. Use of facilities.
``Sec. 419. Copyrights and patents.
``Sec. 420. Gifts and bequests.
``Sec. 421. Technical advice.
``Sec. 422. Working capital fund.
``Sec. 423. Funds transfer.
``Sec. 424. Seal of department.
``Sec. 425. Annual report.
``Sec. 426. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.
(4) in section 202(b), by inserting after paragraph (2) the
following:
``(3) There shall be in the Department, a Special Assistant for
Gender Equity who shall be appointed by the Secretary. The Special
Assistant shall promote, coordinate, and evaluate gender equity
programs, including the dissemination of information, technical
assistance, coordination of research activities, and the administration
of grant programs. The Special Assistant shall report directly to the
Secretary, and shall perform such additional functions as the Secretary
shall prescribe.''.
TITLE III--AMENDMENTS TO OTHER ACTS
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.
(a) Grant Amounts.--Section 611(a) of the Individuals with
Disabilities Education Act (referred to in this title as the ``IDEA'')
is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum amount of
the grant for which a State is eligible under this section for any
fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in
the State, aged six through 21, who are receiving
special education and related services, as determined
under paragraph (3); and
``(ii) the number of such children in the State,
aged three through five, if the State is eligible for a
grant under section 619; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State' means each
of the 50 States, the District of Columbia, and the Commonwealth of
Puerto Rico.''; and
(3) in paragraph (5)(A)--
(A) in clause (i)--
(i) by striking ``and the State'' and
inserting ``or the combined percentage of such
children counted by the Secretary for the
purpose of making fiscal year 199-- allocations
under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965, as in effect
the day before the date of the enactment of the
Improving America's Schools Act of 1994,
whichever is greater, if the State''; and
(ii) by inserting ``and'' at the end
thereof;
(B) in clause (ii)--
(i) by striking ``and the State'' and
inserting ``or the combined percentage of such
children counted by the Secretary for the
purpose of making fiscal year 1994 allocations
under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965, as in effect
the day before the date of the enactment of the
Improving America's Schools Act of 1994,
whichever is greater, if the State''; and
(ii) by striking out the semicolon and
``and'' at the end thereof and inserting in
lieu thereof a period; and
(C) by striking out clause (iii).
(b) Amount Received.--Section 611(b) of the IDEA is amended to read
as follows:
``(b)(1) Notwithstanding subsections (a) and (g) of this section,
no State shall receive an amount under this section for any of the
fiscal years 1995 through 1999 that is less than the combined amount it
received for fiscal year 1994 under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 as in effect the
day before the date of the enactment of the Improving America's
Schools Act of 1994, for children with disabilities aged three
through 21.
``(2) If, for fiscal year 1998 or 1999, the number of children
determined under subsection (a)(3) for any State is less than the total
number of children with disabilities, aged three through 21, counted
for such State's fiscal year 1994 grants under this section and under
subpart 2 of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965, as in effect the day before the date
of the enactment of the Improving America's Schools Act of 1994, the
amount determined under paragraph (1) for such State shall be reduced
by the same percentage by which the number of such children so
declined.
``(3) In any fiscal year in which the amount appropriated for
grants under this section is less, in real dollar terms, than the
amount appropriated in the immediate preceding fiscal year, the amount
for each State under this subsection will be reduced
proportionately.''.
(c) Uses of Funds.--Section 611(c) of the IDEA is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any State for
any fiscal year--
``(A) the State may use up to 25 percent in accordance with
paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent to local educational agencies
and intermediate educational units, in accordance with
subsection (d), for use in accordance with priorities
established under section 612(3).'';
(2) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) From the funds that any State may use under paragraph (1)(A)
for any fiscal year, the State--
``(i) may use 5 percent of the funds received under this
section or $450,000, whichever is greater, for administrative
costs related to carrying out sections 612 and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct
services, subject to subparagraph (B), in accordance
with priorities established under section 612(3); and
``(II) for the administrative costs of monitoring
and complaint investigation, but only to the extent
that such costs exceed the costs of administration
incurred during fiscal year 1985.''.
(d) State Funds.--Section 611(d) of the IDEA is amended to read as
follows:
``(d)(1) From the total amount of funds available for any fiscal
year under subsection (c)(1)(B), the State shall provide to each local
educational agency or intermediate educational unit an amount that
bears the same ratio to such total amount as the number of children,
aged 3 through 21, determined under subsection (a)(3) for such agency
or unit bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State-owned or State-operated
school or program or State-supported school or program that
received fiscal year 1994 funds under subpart 2 of part D of
chapter 1 of title I of the Elementary and Secondary Education
Act of 1965 receives, from the combination of such funds and
funds provided under paragraph (1), an amount equal to--
``(I) the number of children, aged 6 through 21,
determined under subsection (a)(3) for such agency;
multiplied by
``(II) the per-child amount provided under such
subpart for fiscal year 1994; and
``(ii) may use such funds to ensure that each local
educational agency that received fiscal year 1994 funds under
such subpart for children who had transferred from a State-
owned, State-operated, or State-supported school or program
assisted under such subpart receives, from the combination of
such funds and funds provided under paragraph (1), an amount
for each such child, aged 3 through 21, determined under
subsection (a)(3) for such agency, equal to the per-child
amount the agency received under such subpart for fiscal year
1994.
``(B) For the purpose of subparagraph (A), the number of children
determined under subsection (a)(3) for any State agency or local
educational agency shall not exceed the number of children aged 3
through 21 for whom such agency received funds under such subpart for
such fiscal year.
``(3) In any fiscal year in which the amount appropriated for
grants under this section is less, in real dollar terms, than the
amount appropriated in the preceding fiscal year, the amount for each
State under this subsection will be reduced proportionately.''.
(e) Jurisdiction.--Section 611(e)(1) of the IDEA is amended to read
as follows:
``(1) The jurisdictions to which this subsection applies are Guam,
American Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and Palau (until the effective date of the Compact of
Free Association with the Government of Palau).''.
(f) Possible Ratable Reduction.--Section 611(g) of the IDEA is
amended to read as follows:
``(g)(1)(A) If the sums appropriated under subsection (h) for any
fiscal year are not sufficient to pay in full the total of the amounts
that all States are eligible to receive under subsection (a), each such
amount shall be ratably reduced.
``(B) If additional funds become available for making such payments
for any fiscal year, such reduced amounts shall be increased on the
same basis as they were reduced.
``(C) Any State that receives any such additional funds shall
distribute them in accordance with this section, except that any State
that has used funds available under subsection (c)(2)(A)(ii) for the
purposes described in subsection (d)(2) may--
``(i) deduct, from the amount that it would otherwise be
required to make available to local educational agencies and
intermediate educational units, the same amount of such
additional funds as it so used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been reduced
and additional funds have not been made available under paragraph (1)
to pay in full the amounts for which all States are eligible under this
section, each State educational agency shall fix dates by which each
local educational agency or intermediate educational unit shall report
to the State agency the amount of funds available to it under this
section that it estimates it will expend.
``(B) The State educational agency shall, in accordance with this
section, reallocate any funds that it determines will not be used
during the period of availability by such local educational agencies
and intermediate educational units, and by any such agency or unit to
which such funds would be available if it applied for them under this
part, to such local educational agencies and intermediate educational
units that the State educational agency determines will need, and be
able to use, additional funds to carry out approved programs.''.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the IDEA is further amended by inserting after section
614 the following new section:
``treatment of chapter 1 state agencies
``Sec. 614A. (a) For the purpose of making payments under sections
611 and 619 of this Act, any State agency that received funds for
fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 shall be treated as
if it were a local educational agency.
``(b) The State educational agency shall ensure that each State
agency that owns or operates or supports a program or school for
children with disabilities with funds under this part--
``(1) provides each child with a disability in such school
or program a free appropriate public education in accordance
with this part, including the due process protections of
section 615, as if it were a local educational agency; and
``(2) has on file with the State educational agency an
application that meets the requirements of section 614 that the
Secretary finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a State
agency that is eligible for a payment under this part by virtue of this
section.''.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) Allotments.--Section 684(c) of the IDEA is amended--
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking paragraph (1) and inserting paragraphs (1)
through (4) to read as follows:
``(1) Except as provided in paragraphs (3) and (4), from the funds
remaining for each fiscal year after the reservation and payments under
subsections (a) and (b), the Secretary shall first allot to each State
an amount that bears the same ratio to the amount of such remainder as
the number of infants and toddlers in the State bears to the number of
infants and toddlers in all States.
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1) among the
States in proportion to the relative numbers of infants and toddlers
who--
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 as in effect before the enactment of the Improving
America's Schools Act of 1994.
``(3) Except as provided in paragraph (4), no State shall receive
an amount under this section for any fiscal year that is less than the
greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), not including any amounts allotted
under paragraph (2); or
``(B) $500,000.
``(4)(A) No State shall receive an amount under this section for
any of the fiscal years 1995 through 1999 that is less than the
combined amount it received for fiscal year 1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 for children
with disabilities from birth through age two.
``(B) If, for fiscal year 1998 or 1999, the number of infants and
toddlers in any State, as determined under paragraph (1), is less than
the number of infants and toddlers so determined for fiscal year 1994,
the amount determined under subparagraph (A) for that State shall be
reduced by the same percentage by which the number of those infants and
toddlers so declined.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect beginning in fiscal year 1995.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.
Section 101 of the Stewart B. McKinney Homeless Assistance Act is
amended by striking subtitles A and B of title VII and inserting the
following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for state and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
SEC. 321. STATEMENT OF POLICY.
Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--(1) The Secretary of Education is
authorized to make grants to State educational agencies to enable each
such agency to implement, either directly or through contracts and
grants, a program of literacy training and academic remediation for
adult homeless individuals within the State, which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and funding recipients under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under title IV of the Job
Training Partnership Act, the Volunteers in Service to America
program under the Domestic Volunteers Service Act, part C of
this title, or the Job Opportunity and Basic Skills program
under the Social Security Act.
``(2) The Secretary of Education shall, in awarding grants under
this section, give special consideration to the estimates submitted in
the application submitted under subsection (b) and make such awards in
whatever amounts he or she determines would best serve the purposes of
this section.
``(b) Application.--Each State educational agency desiring to
receive a grant under this section shall submit to the Secretary of
Education an application at such time, in such manner, and containing
such information as the Secretary may reasonably require. Each such
application shall include an estimate of the number of homeless
individuals in the State and the number of such individuals expected to
be served.
``(c) Authorization of Appropriations.--For the purpose of carrying
out the adult literacy and academic remediation programs authorized by
this section, there are authorized to be appropriated such sums as may
be necessary for each of the fiscal years 1995 through 1999.
``(d) Definition.--As used in this section, the term `State' means
each of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and Palau (until the effective date of
the Compact of Free Association with the Government of Palau).''.
SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has
equal access to the same free, appropriate public education,
including a public preschool education, as provided to other
children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of its compulsory school attendance
laws or other laws, regulations, practices, or policies that
may act as a barrier to the enrollment, attendance, or success
in school of homeless children and youth, the State will review
and undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children and
youth are afforded the same free, appropriate public education
as provided to other children and youth;
``(3) homelessness alone should not be sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth should have access to the
education and other services that they need to ensure that they
have an opportunity to meet the same challenging State
performance standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is, in accordance with the
provisions of this section, authorized to make grants to States to
carry out the activities described in subsections (d), (e), (f), and
(g).
``(b) Application.--No State may receive a grant under this section
unless the State educational 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.
``(c) Allocation and Reservations.--(1) Subject to paragraph (2)
and section 724(c), from the amounts appropriated for each fiscal year
pursuant to section 726, the Secretary is authorized to allot to each
State an amount that bears the same ratio to the amount appropriated in
each such year as the amount allocated under section 1122 of the
Elementary and Secondary Education Act of 1965 to the State in that
year bears to the total amount allocated to all States, except that no
State shall receive less than $100,000.
``(2)(A) The Secretary is authorized to reserve 0.1 percent of the
amount appropriated for each fiscal year pursuant to section 726 to be
allocated by the Secretary among the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association with the
Government of Palau), according to their respective need, as determined
by the Secretary.
``(B)(i) The Secretary is authorized to transfer one percent of the
amount appropriated for each fiscal year under section 726 to the
Department of the Interior for programs for Indian students served by
schools funded by the Secretary of the Interior, as determined under
the Indian Self-Determination and Education Assistance Act, that are
consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior shall enter
into an agreement, consistent with the requirements of this part, for
the distribution and use of these funds under terms that the Secretary
determines best meet the purposes of the covered programs. Such
agreement shall set forth the plans of the Secretary of the Interior
for the use of the amounts transferred, including appropriate goals,
objectives, and milestones.
``(3) As used in this subsection, the term `State' shall not
include the Virgin Islands, Guam, American Samoa, the Commonwealth of
the Northern Mariana Islands, or Palau.
``(d) Activities.--Grants under this section shall be used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged children, and homeless youth
that enable such children and youth to enroll in, attend, and
succeed in school, or, if appropriate, in preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State
educational agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the education
of homeless children and youth.
``(e) State and Local Grants.--(1)(A) Subject to subparagraph (B),
if the amount allotted to the State educational agency for any fiscal
year under this subtitle exceeds the amount such agency received for
fiscal year 1990 under this subtitle, such agency shall provide grants
to local educational agencies for purposes of section 723.
``(B) The State educational agency may reserve not more than the
greater of five percent of the amount it receives under this subtitle
for any fiscal year, or the amount such agency received under this
subtitle for fiscal year 1990, to conduct activities under subsection
(f) directly or through grants or contracts.
``(2) If the amount allotted to a State educational agency for any
fiscal year under this subtitle is less than the amount such agency
received for fiscal year 1990 under this subtitle, such agency, at its
discretion, may provide such grants or may conduct activities under
subsection (f) directly or through grants or contracts.
``(f) Functions of the Office of Coordinator.--The Coordinator of
Education of Homeless Children and Youth established in each State
shall--
``(1) estimate the number of homeless children and youth in
the State and the number of such children and youth served with
assistance provided under the grants under this subtitle;
``(2) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access to
public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the special
needs of such children and youth, any progress made by the
State educational agency and local educational agencies in the
State in addressing such problems and difficulties, and the
success of the program under this subtitle in allowing homeless
children and youth to enroll in, attend, and succeed in school;
``(3) develop and carry out the State plan described in
subsection (g);
``(4) prepare and submit to the Secretary not later than
October 1, 1997, and on October 1 of every third year
thereafter, a report on the information gathered pursuant to
paragraphs (1) and (2) and such additional information as the
Secretary may require to carry out responsibilities under this
subtitle;
``(5) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth and their
families, including children who are preschool age; and
``(6) develop relationships and coordinate with other
relevant education, child development, or preschool programs
and providers of services to homeless children, homeless
families, and runaway and homeless youth (including domestic
violence agencies, shelter operators, transitional housing
facilities, runaway and homeless youth centers, and
transitional living programs for homeless youth), to improve
the provision of comprehensive services to homeless children
and youth and their families.
``(g) State Plan.--(1) Each State shall submit to the Secretary a
plan to provide for the education of homeless children and youth within
the State, which plan shall describe how such children and youth are or
will be given the opportunity to meet the same challenging State
performance standards all students are expected to meet, shall describe
the procedures the State educational agency will use to identify such
children and youth in the State and to assess their special needs, and
shall--
``(A) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(B) describe programs for school personnel (including
principals, attendance officers, teachers and enrollment
personnel), to heighten the awareness of such personnel of the
specific needs of runaway and homeless youth;
``(C) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(D) describe procedures that ensure that--
``(i) homeless children have equal access to the
same public preschool programs, administered by the
State agency, as provided to other children; and
``(ii) homeless children and youth who meet the
relevant eligibility criteria are able to participate
in Federal, State, or local before- and after-school
care programs;
``(E) address problems set forth in the report provided to
the Secretary under subsection (f)(4);
``(F) address other problems with respect to the education
of homeless children and youth, including problems caused by--
``(i) transportation issues; and
``(ii) enrollment delays that are caused by--
``(I) immunization requirements;
``(II) residency requirements;
``(III) lack of birth certificates, school
records, or other documentation; or
``(IV) guardianship issues;
``(G) demonstrate that the State and local educational
agencies in the State have developed, and will review and
revise, policies to remove barriers to the enrollment and
retention of homeless children and youth in schools in the
State; and
``(H) contain an assurance that the State educational
agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and
youth are not isolated or stigmatized.
``(2) Each plan adopted under this subsection shall also show how
the State will ensure that local educational agencies in the State will
comply with the requirements of paragraphs (3) through (9).
``(3)(A) The local educational agency that serves each homeless
child and youth shall, according to the child's or youth's best
interest, either--
``(i) continue the child's or youth's education in the
school of origin--
``(I) for the remainder of the academic year; or
``(II) in any case in which a family becomes
homeless between academic years, for the following
academic year; or
``(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) In determining the best interests of the child or youth under
subparagraph (A), the local educational agency shall comply, to the
extent possible, with the request made by a parent or guardian
regarding school selection.
``(C) For purposes of this paragraph, the term `school of origin'
means the school that the child or youth attended when permanently
housed, or the school in which the child or youth was last enrolled.
``(D) The choice regarding placement shall be made regardless of
whether the child or youth lives with the homeless parents or has been
temporarily placed elsewhere by the parents.
``(4) Each homeless child or youth shall be provided services
comparable to services offered to other students in the school selected
according to the provisions of paragraph (3), including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided under
title I of the Elementary and Secondary Education Act of 1965
or similar State or local programs, educational programs for
children with disabilities, and educational programs for
students with limited-English proficiency;
``(C) programs in vocational education;
``(D) programs for gifted and talented students; and
``(E) school meals programs.
``(5) Any record ordinarily kept by the school, including
immunization records, academic records, birth certificates,
guardianship records, and evaluations for special services or programs,
of each homeless child or youth shall be maintained--
``(A) so that the records are available, in a timely
fashion, when a child or youth enters a new school district;
and
``(B) in a manner consistent with section 438 of the
General Education Provisions Act.
``(6) Each local educational agency serving homeless children and
youth that receives assistance under this subtitle shall coordinate
with local social services agencies and other agencies or programs
providing services to such children or youth and their families,
including services and programs funded under the Runaway and Homeless
Youth Act.
``(7)(A) Each local educational agency in a State that receives a
grant under this subtitle shall designate a homelessness liaison to
ensure that--
``(i) homeless children and youth enroll and succeed in the
schools of such agency; and
``(ii) homeless families, children, and youth receive
educational services for which they are eligible, including
preschool programs administered by the local educational
agency, and referrals to health care services, dental services,
mental health services, and other appropriate services.
``(B) State coordinators and local educational agencies shall
inform school personnel, service providers, and advocates working with
homeless families of the duties of the liaisons.
``(8) Each State and local educational agency shall review and
revise any policies that may act as barriers to the enrollment of
homeless children and youth in schools selected in accordance with
paragraph (3). In reviewing and revising such policies, consideration
shall be given to issues concerning transportation, immunization,
residency, birth certificates, school records, and other documentation,
and guardianship. Special attention shall be given to ensuring the
enrollment and attendance of homeless children and youth who are not
currently attending school.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--(1) The State educational agency shall,
in accordance with section 722(e) and with amounts made available to
such agency under section 726, make grants to local educational
agencies for the purpose of facilitating the enrollment, attendance,
and success in school of homeless children and youth.
``(2) Unless otherwise specified, services under paragraph (1) may
be provided through programs on school grounds or at other facilities.
Where services are provided through programs to homeless students on
school grounds, schools may provide services to other children and
youth who are determined by the local educational agency to be at risk
of failing in, or dropping out of, schools, on an incidental basis. To
the maximum extent practicable, services shall be provided through
existing programs and mechanisms that integrate homeless individuals
with nonhomeless individuals.
``(3) Services provided under this section are not intended to
replace the regular academic program and shall be designed to expand
upon or improve services provided as part of the school's regular
academic program.
``(b) Application.--A local educational agency that desires to
receive a grant under this section shall submit an application to the
State educational agency at such time, in such manner, and containing
or accompanied by such information as the State educational agency may
reasonably require according to guidelines issued by the Secretary.
Each such application shall include--
``(1) a description of the services and programs for which
assistance is sought and the problems to be addressed through
the provision of such services and programs;
``(2) an assurance that the local educational agency's
combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such 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;
``(3) an assurance that the applicant complies with, or
will use requested funds to come into compliance with,
paragraphs (3) through (9) of section 722(g); and
``(4) a description of policies and procedures that the
agency will implement to ensure that activities carried out by
the agency will not isolate or stigmatize homeless children and
youth.
``(c) Awards.--(1) The State educational agency shall, in
accordance with section 722(g) and with amounts made available to such
agency under section 726, award grants under this section to local
educational agencies submitting an application under subsection (b) on
the basis of the need of such agencies.
``(2) In determining need under paragraph (1), the State
educational agency may consider the number of homeless children and
youth enrolled in preschool, elementary, and secondary schools within
the area served by the agency, and shall consider the needs of such
children and youth and the ability of the agency to meet such needs.
Such agency may also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth, as well as the State plan required
by section 722(g);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the agency determines
appropriate.
``(3) Grants awarded under this section shall be for terms not to
exceed three years.
``(d) Authorized Activities.--(1) A local educational agency may
use funds awarded under this section for activities to carry out the
purpose of this subtitle, including--
``(A) the provision of tutoring and accelerated instruction
and enriched educational services that are linked to the
achievement of the same challenging standards the State
establishes for other children or youth;
``(B) the provision of expedited evaluations of the
strengths and needs of homeless children and youth, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students, children
with disabilities, and students with limited-English
proficiency, services provided under title I of the Elementary
and Secondary Education Act of 1965 or similar State or local
programs, programs in vocational education, and school meals
programs);
``(C) professional development and other activities for
educators and other school personnel that is designed to
heighten the understanding and sensitivity of such personnel to
the needs of homeless children and youth, the rights of such
children and youth under this Act, and the specific educational
needs of runaway and homeless youth;
``(D) the provision of referral services to homeless
children and youth for medical, dental, mental, and other
health services;
``(E) the provision of assistance to defray the excess cost
of transportation for students pursuant to sections 722(g)(4)
or 722(g)(9), not otherwise provided through Federal, State, or
local funding, where necessary to enable students to attend the
school selected under section 722(g)(3);
``(F) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged children;
``(G) the provision of before- and after-school, mentoring,
and summer programs for homeless children and youth in which a
teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational activities;
``(H) where necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization records, academic
records, guardianship records, and evaluations for special
programs or services;
``(I) the provision of education and training to the
parents of homeless children and youth about the rights of, and
resources available to, such children and youth;
``(J) the development of coordination between schools and
agencies providing services to homeless children and youth,
including programs funded under the Runaway and Homeless Youth
Act;
``(K) the provision of counseling (including violence
prevention counseling), social work, and psychological
services, and referrals for such services;
``(L) activities to address the particular needs of
homeless children and youth that may arise from domestic
violence;
``(M) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2) to
provide services under this subsection;
``(N) the provision of school supplies; and
``(O) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plans submitted by
the State educational agencies under section 722(g), the Secretary
shall use a peer review process and shall evaluate whether State laws,
policies, and practices described in such plans adequately address the
problems of homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide support
and technical assistance to the State educational agencies to assist
such agencies to carry out their responsibilities under this subtitle.
``(c) Evaluation and Dissemination.--The Secretary shall conduct
evaluation and dissemination activities of programs designed to meet
the educational needs of homeless elementary and secondary school
students, and may use funds appropriated under section 726 to conduct
such activities.
``(d) Submission and Distribution.--The Secretary shall require
applications for grants under this subtitle to be submitted to the
Secretary not later than the expiration of the 60-day period beginning
on the date that funds are available for purposes of making such grants
and shall make such grants not later than the expiration of the 120-day
period beginning on such date.
``(e) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered by the
Secretary under subsection (d), shall determine the extent to which
State educational agencies are ensuring that each homeless child and
homeless youth has access to a free appropriate public education as
described in section 721(1).
``(f) Reports.--The Secretary shall prepare and submit a report to
the Committee on Education and Labor of the House of Representatives
and the Committee on Labor and Human Resources of the Senate on the
programs and activities authorized by this subtitle by December 31,
1997, and every third year thereafter.
``SEC. 725. DEFINITIONS.
``For the purpose of this subtitle, unless otherwise stated--
``(1) the term `Secretary' means the Secretary of
Education; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriate $30,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.''.
PART C--IMPACT AID STATUTES
SEC. 331. AMENDMENTS TO PUBLIC LAW 815.
(a) Section 2.--Section 2 of the Act of September 23, 1950 (Public
Law 815, 81st Congress; 20 U.S.C. 632) is amended to read as follows:
``SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS.
``For each fiscal year the Secretary shall distribute the funds
appropriated in accordance with section 1 which shall be available for
carrying out the provisions of sections 5, 9, 10, and 14. The funds
provided under section 1 for the schools serving military dependents
and Indian lands shall be divided equally between section 5 and section
14 of this Act. Funds provided under section 5 of this Act shall be
divided equally between the priority categories of section 1(a)(1) and
1(a)(2) of this Act.''.
(b) Section 3.--Section 3 of such Act (20 U.S.C. 633) is amended to
read as follows:
``SEC. 3. ESTABLISHMENT OF PRIORITIES.
``Applications for construction or modification projects provided
for under this Act must be filed by June 30 of the fiscal year prior to
the year in which funds are first requested. The Secretary shall use
the following order of priority in approving applications under section
5 and funded in accordance with section 1(a)(1) and section 1(a)(2) of
this Act. The priority of payment of application under section 1(a)(1)
shall be based on the highest percentage of number of children in need
of minimum school facilities. The priority of payment of applications
under section 1(a)(2) shall be based on the highest percentage of
federally connected students eligible for payment. The Secretary shall
use the priorities stated in this section in approving applications in
the event the funds appropriated under section 1 of this title and
remaining available on any such date for payment to local educational
agencies are less than the Federal share of the cost of the projects
with respect to which applications have been filed prior to such date
(and for which funds under section 1 have not already been obligated).
Only applications meeting the conditions for approval under this Act
(other than section 6(b)(2)(C)) shall be considered applications for
purposes of the preceding sentence. Such order of priority shall
provide that applications payments based upon increases in the number
of children residing on, or residing with a parent employed on property
which is party of a low-rent housing project assisted under the United
States Housing Act of 1937 shall not be approved for any fiscal year
until all other applications under paragraph (2) of subsection (a) of
section 5 have been approved for the fiscal year.''.
(c) Section 5.--Section 5 of such Act (20 U.S.C. 635) is amended to
read as follows:
``SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL EDUCATIONAL AGENCY.
``(a) Subject to the limitations in subsection (c) the total of the
payments to a local educational agency under this Act may not exceed
the sum of--
``(1) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
live on Federal property and have a parent who works on Federal
property multiplied by 100 percent of the average per pupil
cost of constructing minimum school facilities in the State in
which the school district of such agency is situated; and
``(2) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
have a parent who lives on or works on Federal property
multiplied by 50 percent of such cost;
``(3) In computing for any local educational agency the
number of children in an increase under paragraph (1) or (2),
the estimated number of children described in such paragraph
who will be in the membership of the schools of such agency at
the close of the increase period shall be compared with the
estimated number of such children in average daily membership
of the schools of such agency during the base year. However,
the base year average daily membership shall be adjusted to
exclude the number of children that formed the basis for
previous payments on applications approved 30 or more years
prior to the close of the increased period for the current
application.
``(b) If two of the paragraphs of subsection (a) apply to a child,
the local educational agency shall elect which of such paragraphs shall
apply to such child, except that, notwithstanding the election of a
local educational agency to have paragraph (2) apply to a child instead
of paragraph (1), the determination of the maximum amount for such
agency under subsection (a) shall be made without regard to such
election.
``(c) A local educational agency shall not be eligible to have any
amount included in its maximum by reason of paragraphs (1), (2), and
(3) of subsection (a) unless the increase in children referred to in
such paragraph is at least 20, and in the case of paragraphs (1), (2),
and (3) of subsection (a), is--
``(1) equal to at least 6 percent of the number of
federally connected children who were in the average daily
membership of the schools of such agency during the base year,
or
``(2) at least 750,
whichever is the lesser.
``(d) Notwithstanding the provisions of subsection (c) of this
section, whenever and to the extent that, in his judgment, exceptional
circumstances exist which make such action necessary to avoid inequity
and avoid defeating the purposes of the Act, the Secretary may waive or
reduce the minimum number requirement or any percentage requirement or
requirements in subsection (c).
``(e) In determining under this section the total of the payments
which may be made to a local educational agency on the basis of any
application, the total number of children counted for purposes of
paragraph (1) or (2), as the case may be, of subsection (a) may not
exceed--
``(1) the number of children whose membership at the close
of the increase period for the application is compared with
average daily membership in the base period for purposes of
that paragraph, provided that the base year average daily
membership does not include any children which formed the basis
of payment in the applications approved 30 or more years ago,
minus
``(2) the number of such children whose membership at the
close of the increase period was compared with membership in
the base year for purposes of such paragraph under the last
previous application, provided the application was funded
within the last 4 years, if any, of the agency on the basis of
which any payments have been or may be made to that agency.''.
(d) Section 6.--Section 6 of such Act (20 U.S.C. 636) is amended by
adding at the end the following new subsection:
``(d) If the application has not been funded within the 3-year
period, the local educational agency must recertify their need to have
the application remain active.''.
SEC. 332. REPEAL OF PUBLIC LAW 874.
The Act of September 30, 1950 (Public Law 874, 81st Congress; 20
U.S.C. 236 et seq.) is hereby repealed.
PART D--AMENDMENTS TO ADULT EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) Section 342(c)(11) of the Adult Education Act is amended by
inserting ``Even Start,'' after ``1963,''.
(b) Section 384(n) is amended by striking ``and 1995'' and
inserting ``1995, and 1996''.
PART E--AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991
SEC. 341. FINDINGS.
Section 201 of the Education Council Act of 1991 (hereafter in this
Act referred to as the ``Act'') is amended--
(1) by amending paragraph (2) to read as follows:
``(2) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of limited-
English proficiency;'';
(2) in paragraph (6)--
(A) by inserting ``writing and reading are both
fundamental to learning, yet writing has been
historically neglected in the schools and colleges,
and'' before ``most''; and
(B) by striking the comma before ``have'';
(3) by amending paragraph (10) to read as follows:
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, literature, performing arts, and
foreign languages;'';
(4) by amending paragraph (15) to read as follows:
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school-year in-service programs
through one of the 154 regional sites located in 45 States, the
Commonwealth of Puerto Rico, and in 4 sites that serve United
States teachers teaching in United States dependent and
independent schools;'';
(5) by striking paragraph (17);
(6) by redesignating paragraph (18) as paragraph (17);
(7) in paragraph (17) (as redesignated in paragraph (6)),
by striking the period at the end thereof and inserting a
semicolon; and
(8) by adding at the end the following new paragraphs:
``(18) independent evaluation studies have found the
National Writing Project to be highly cost effective compared
to other professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for
the National Writing Project, the National Writing Project
matched the $1,951,975 in Federal support with $9,485,504 in
matching funds from State, local, and other sources.''.
SEC. 342. NATIONAL WRITING PROJECT.
Section 202 of the Act is amended--
(1) in subsection (d)--
(A) in paragraph (3)--
(i) by striking the subparagraph
designation ``(A)''; and
(ii) by striking subparagraph (B); and
(B) by striking paragraph (4);
(2) in subsection (e)--
(A) in the matter preceding subparagraph (A) of
paragraph (1), by striking ``to enable'' and inserting
``to pay the Federal share of the cost of enabling'';
and
(B) by adding at the end the following new
paragraph:
``(4) Federal share.--For the purpose of this subsection
the term `Federal share' means, with respect to the costs of
activities assisted under this subsection, 50 percent of such
costs to the elementary or secondary school teacher.'';
(3) by amending subsection (g) to read as follows:
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation of the teacher training programs
assisted under this section. Such evaluation shall specify the
amount of funds expended by the National Writing Project and
each contractor receiving assistance under this section. The
results of such evaluation shall be made available to the
appropriate committees of the Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated pursuant
to the authority of subsection (i) for fiscal year 1994 and the
4 succeeding fiscal years to conduct the evaluation described
in paragraph (1).'';
(4) by amending subsection (h) to read as follows:
``(h) Research and Development Activities.--
``(1) Grants authorized.--From amounts appropriated
pursuant to the authority of subsection (i)(2), the National
Writing Project shall make grants to individuals and
institutions of higher education that either have participated
in a National Writing Project institute or are institutions
designated as National Writing Project sites, to enable such
individuals and institutions to conduct research activities
involving the teaching of writing.
``(2) Application review.--The National Writing Project
shall establish and operate a National Review Board that shall
consist of--
``(A) leaders in the field of research in writing;
and
``(B) such other individuals as the National
Writing Project deems necessary.
``(3) Duties.--The National Review Board shall--
``(A) review all applications for assistance under
this subsection; and
``(B) recommended applications for assistance under
this subsection for funding by the National Writing
Project.
``(4) Junior researcher priority and funding rule.--(A) In
awarding grants pursuant to paragraph (1), the National Writing
Project shall give priority to awarding such grants to junior
researchers.
``(B) The National Writing Project shall award not less
than 25 percent of the funds received pursuant to subsection
(i)(2) to junior researchers.
``(5) Availability of findings.--The National Writing
Project shall make available to the Secretary and to the
network of National Writing Project sites the findings of the
research conducted pursuant to the authority of paragraph
(1).''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``1991'' and inserting
``1994''; and
(ii) by striking ``fiscal years 1992 and
1993'' and inserting ``each of the 4 succeeding
fiscal years''; and
(B) by amending paragraph (2) to read as follows:
``(2) Research and development.--In each fiscal year in
which the amount appropriated pursuant to the authority of
paragraph (1) equals or exceeds $10,000,000, there are
authorized to be appropriated $500,000 to carry out the
provisions of subsection (h).''.
TITLE IV--NATIONAL EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Education Statistics Act
of 1994''.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for
the purpose of collecting such statistics and facts as shall
show the condition and progress of education in the several
States and territories, and of diffusing such information
respecting the organization and management of schools and
school systems and methods of teaching as shall aid the people
of the United States in the establishment and maintenance of
efficient school systems, and otherwise promote the cause of
education throughout the country'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Department's Office of Educational
Research and Improvement continues to perform those crucial
original purposes; and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will
aid in reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and reporting
statistics and information showing the condition and progress of
education in the United States and other nations in order to promote
and accelerate the improvement of American education.
(c) Definitions.--For the purpose of this title, the term--
(1) ``Assistant Secretary'' means the Assistant Secretary
for Educational Research and Improvement, provided for under
section 202(b)(1)(E) of the Department of Education
Organization Act;
(2) ``Department'' means the Department of Education;
(3) ``institution of higher education'' has the same
meaning given such term in section 1201 of the Higher Education
Act of 1965;
(4) ``local educational agency'' has the same meaning given
such term in section 9101(13) of the Elementary and Secondary
Education Act of 1965;
(5) ``Secretary'' means the Secretary of Education;
(6) ``State educational agency'' has the same meaning given
such term in section 9101(20) of the Elementary and Secondary
Education Act of 1965; and
(7) ``United States'' and ``State'' mean--
(A) other than for the purpose of section 411, each
of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico; and
(B) for the purpose of section 411, mean the same
as in subparagraph (A) and include Guam, American
Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and the Republic of Palau
(until the effective date of the Compact of Free
Association with the Government of Palau).
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Office of
Educational Research and Improvement established under section 209 of
the Department of Education Organization Act, a National Center for
Education Statistics (the ``Center'').
(b) Commissioner and Associate Commissioners.--(1) The Center shall
be headed by a Commissioner of Education Statistics (the
``Commissioner'') who shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall--
(A) have substantial knowledge of programs encompassed by
the Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of 4 years, with the terms to expire
every fourth June 21, beginning in 1995.
(2) The Commissioner may appoint such Associate Commissioners as
the Commissioner determines are necessary and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) Duties.--The duties of the Center are to collect, analyze, and
disseminate statistics and other information related to education in
the United States and in other nations, including--
(1) collecting, acquiring, compiling (where appropriate, on
a State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in
the United States, including data on--
(A) State and local school reform activities;
(B) student achievement and other educational
outcomes at all levels of education;
(C) out of school youth and adults;
(D) teachers, administrators, counselors, and other
educational personnel at all levels of education;
(E) the learning and teaching environment;
(F) financing and management of education; and
(G) the socioeconomic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on
the condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, so as to provide information by gender,
race, socioeconomic status, limited-English proficiency, and
other population characteristics when such disaggregated
information would facilitate educational and policy
decisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational
activities and student achievement in the United States
compared with foreign nations.
(b) Training Program.--The Commissioner may establish a program to
train employees of public and private educational agencies,
organizations, and institutions in the use of the Center's standard
statistical procedures and concepts and may establish a fellows program
to appoint such employees as temporary fellows at the Center in order
to assist the Center in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) In General.--In carrying out the duties under this title, the
Commissioner may enter into grants, contracts, and cooperative
agreements.
(b) Gathering Information.--(1) The Commissioner may use the
statistical method known as sampling to carry out the purpose of this
title.
(2) The Commissioner may, as the Commissioner considers
appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher education,
libraries, administrators, teachers, students, the general
public, and such other individuals, organizations, agencies,
and institutions as the Commissioner may consider appropriate;
and
(B) by other offices within the Department and by other
Federal departments, agencies, and instrumentalities.
(3) The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with an agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) In order to maximize the effectiveness of Federal efforts to
serve the educational needs of children and youth, the Commissioner
shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.
SEC. 406. REPORTS.
(a) Report on the Condition and Progress of Education.--The
Commissioner shall, no later than June 1 of each year, submit to the
President and the Congress a statistical report regarding the condition
and progress of education in the United States.
(b) Statistical Reports.--The Commissioner shall issue regular
statistical reports to the President and Congress on such education
topics as the Commissioner determines to be appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports on
particular education topics.
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Center, the
Advisory Council on Education Statistics (referred to in this title as
the ``Council'').
(b) Membership.--(1) The Council shall be composed of--
(A) 18 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field, of whom at least--
(i) 3 shall be practicing educators at the
preschool, elementary, or secondary level;
(ii) 3 shall be education policymakers;
(iii) 3 shall be professional statisticians;
(iv) 3 shall be education researchers; and
(v) 3 shall be experts in educational measurement;
(B) 3 individuals representing the general public,
appointed by the Secretary;
(C) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(D) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) The Commissioner shall appoint the presiding officer of the
Council from among the voting members.
(3) Members of the Council appointed under paragraph (1)(A) shall
be appointed for 3-year terms except that, in the case of initial
appointments, the Secretary shall make appointments for shorter terms
to the extent necessary to avoid the expiration of the terms of more
than 6 members in the same calendar year.
(4)(A) The Council shall meet in public session at the call of the
presiding officer, except that it shall meet--
(i) at least 2 times during each calendar year; and
(ii) in addition, whenever 10 voting members request in
writing that the presiding officer call a meeting.
(B) 11 voting members of the Council shall constitute a quorum.
(5) The Council shall--
(A) review general policies for the operation of the Center
and shall advise the Commissioner on standards to ensure that
statistics and other information disseminated by the Center are
of high quality and are not subject to partisan political
influence;
(B) advise the Commissioner on matters related to the
National Assessment of Education Progress, including--
(i) the development of student performance goals;
(ii) assessment design and development;
(iii) analysis, reporting, and dissemination of
data;
(iv) interstate, regional, and national comparisons
of data; and
(v) recommendations for the improvement of such
Assessment.
(6) The Council shall appoint a staff to enable the Council to
carry out its duties.
SEC. 408. CONFIDENTIALITY.
(a) General.--(1)(A) The Center shall develop and enforce standards
designed to protect the confidentiality of persons in the collection,
reporting, and publication of data under this section.
(B) This section shall not be construed to protect the
confidentiality of information about institutions, organizations, and
agencies that receive grants from, or have contracts or cooperative
agreements with, the Federal Government.
(2) No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--(1)(A) No department, bureau, agency, officer,
or employee of the Government, except the Commissioner in carrying out
the purposes of this title, shall require, for any reason, copies of
reports that have been filed under this title with the Center or
retained by any individual respondent.
(B) Copies of such reports that have been so filed or retained with
the Center or any of its employees, 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.
(C) This paragraph shall apply only to individually identifiable
information (as defined in paragraph (5)(A)).
(2) Whoever, being or having been an employee or staff member of
the Department, having taken or subscribed the oath of office, or
having sworn to observe the limitations imposed by subsection (a)(2),
knowingly publishes or communicates any individually identifiable
information (as defined in paragraph (5)(A)), the disclosure of which
is prohibited by subsection (a)(2), and that comes into such
individual's possession by reason of employment (or otherwise providing
services) under this title, shall be found guilty of a class E felony
and imprisoned for not more than 5 years, or fined as specified in 18
U.S.C. 3571, or both.
(3) The Commissioner may utilize temporary staff, including
employees of Federal, State, or local agencies or instrumentalities
including local educational agencies, and employees of private
organizations to assist the Center in performing its responsibilities,
but only if such temporary staff are sworn to observe the limitations
imposed by this section.
(4) 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, except such
collection of information or data acquisition activity may be subject
to review or coordination if the Commissioner determines that such
review or coordination would be beneficial.
(5) For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about individuals
may be revealed; and
(B) 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 individually
identifiable information cannot be revealed.
(6) This paragraph shall not apply to--
(A) the survey required by section 1303(c) of the Higher
Education Amendments of 1986; or
(B) to any longitudinal study concerning access, choice,
persistence progress, or attainment in postsecondary education.
(7) Any person who uses any data provided by the Center, in
conjunction with any other information or technique, to identify any
individual student, teacher, administrator, or other individual and who
knowingly discloses, publishes, or uses for a purpose other than a
statistical purpose, or who otherwise violates subsection (a)(2)(A) or
(B), shall be found guilty of a class E felony and imprisoned for not
more than 5 years, or fined as specified in section 3571 of title 18 of
the United States Code, or both.
(8) Nothing in this section shall restrict the right of the
Secretary, the Comptroller General of the United States, the Director
of the Congressional Budget Office, and the Librarian of Congress to
gain access to any reports or other records, including information
identifying individuals, in the Center's possession, except that the
same restrictions on disclosure that apply to the Center under
subsection (b)(1) and (7) shall apply.
SEC. 409. DISSEMINATION.
(a) General Requests.--(1) The Center may furnish transcripts or
copies of tables and other statistical records and make special
statistical compilations and surveys for State and local officials,
public and private organizations, and individuals.
(2) The Center shall provide State and local educational agencies
opportunities to suggest the development of particular compilations of
statistics, surveys, and analyses that would assist such educational
agencies.
(b) Congressional Requests.--The Center shall furnish such special
statistical compilations and surveys as the Congress may request.
(c) Joint Statistical Projects.--The Secretary may engage in joint
statistical projects related to the purposes of this Act or other
statistical purposes authorized by law with nonprofit organizations or
agencies, and the cost of such projects shall be shared equitably as
determined by the Secretary.
(d) Fees.--(1) Statistical compilations and surveys under this
section, other than those carried out pursuant to subsections (b) and
(c), may be made subject to the payment of the actual or estimated cost
of such work.
(2) All funds received in payment for work or services described in
this paragraph shall be deposited in a separate account that may be
used to pay directly the costs of such work or services, to repay
appropriations that initially bore all or part of such costs, or to
refund excess sums when necessary.
(e) Access.--(1) The Center shall cooperate with other Federal
agencies having a need for educational data in providing access to
educational data received by the Center.
(2) The Center shall, in accordance with such terms and conditions
as the Secretary may prescribe, provide all interested parties,
including public and private agencies and individuals, direct access to
data collected by the Center for the purposes of research and acquiring
statistical information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Commissioner shall establish 1 or more national cooperative
education statistics systems for the purpose of producing and
maintaining, with the cooperation of the States, comparable and uniform
information and data on elementary and secondary education,
postsecondary education, and libraries that are useful for policymaking
at the Federal, State, and local levels. In carrying out this section,
the Commissioner may provide technical assistance and make grants and
enter into contracts and cooperative agreements.
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The Commissioner shall, with the advice of the
Council established by section 407, carry out, through grants,
contracts, or cooperative agreements with 1 or more qualified
organizations, or consortia thereof, a National Assessment of
Educational Progress (the ``National Assessment'').
(b) Purpose; Contents.--(1) The purpose of the National Assessment
is to provide a fair and accurate presentation of educational
achievement in reading, writing, and other subjects that are included
in National Education Goal Three.
(2) The Commissioner, in carrying out the National Assessment,
shall use sampling techniques that produce data that are representative
on a national and regional basis and on a State basis pursuant to
paragraph (3). In addition, the Commissioner shall--
(A) collect and report data on a periodic basis, but at
least once every 2 years, on students at ages 9, 13, and 17 and
in grades 4, 8, and 12 in public and private schools;
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(3)(A)(i) The Commissioner, in carrying out the National
Assessment, may conduct State assessments of student achievement in
grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and at each
grade level shall be conducted on a trial basis.
(B)(i) States wishing to participate in State assessments shall
enter into an agreement with the Secretary pursuant to subsection
(d)(2).
(ii) Such agreement shall contain information sufficient to give
States full information about the process for consensus decisionmaking
on objectives to be tested, and of the standards for sampling, test
administration, test security, data collection, validation, and
reporting.
(C) A participating State shall review and give permission for the
release of results from any test of its students administered as a part
of a State assessment prior to the release of such data. Refusal by a
State to release its data shall not restrict the release of data from
other States that have approved the release of such data.
(4) In carrying out the National Assessment, the Commissioner shall
not collect any data that are not directly related to the appraisal of
educational performance, achievement, and traditional demographic
reporting variables, or to the fair and accurate presentation of such
information.
(5) In carrying out the National Assessment, the Commissioner may
provide technical assistance to States, localities, and other parties.
(c) Access.--(1) Except as provided in paragraph (2), the public
shall have access to all data, questions, and test instruments of the
National Assessment.
(2)(A) The Commissioner shall ensure that all personally
identifiable information about students, their educational performance,
and their families, and that information with respect to individual
schools, remains confidential, in accordance with section 552a of title
5, United States Code.
(B) Notwithstanding any other provision of law, the Commissioner
may decline to make available to the public for a period, not to exceed
10 years after initial use, cognitive questions that the Commissioner
intends to reuse in the future.
(C)(i) The Commissioner may, upon the request of a State
educational agency or a local educational agency, in a limited number
of cases and on a trial basis, make National Assessment test
instruments available for assessing aggregate student achievement at
the local educational agency level.
(ii)(I) Participation by a local educational agency shall be
voluntary.
(II) A State requesting the participation of a local educational
agency must accompany this request with a statement of full written
concurrence by such agency and that such agency is requesting to
participate in the local assessment.
(iii) Before receiving such instruments, an agency shall provide
the Commissioner with assurances that confidentiality and security
requirements and testing protocols, prescribed by the Commissioner,
will be complied with in the use of such instruments.
(d) Participation.--(1) Participation in the national and regional
assessments by State and local educational agencies shall be voluntary.
(2) Participation in assessments made on a State basis shall be
voluntary. The Commissioner shall enter into an agreement with any
State that desires to carry out an assessment for the State under this
subsection. Each such agreement shall contain provisions designed to
ensure that the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
participation.
(3)(A) For each fiscal year, the non-Federal share for the purpose
of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample, including the
analysis and reporting of the data;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2).
(B) The non-Federal share of payments under this paragraph may be
in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe the
manner in which, the costs of administering the assessment to private
nonprofit schools included in the State sample may be met.
(4) The implementation of subparagraph (C) of paragraph (2) of
subsection (d) shall involve no cost to the Federal Government.
(e) Student Performance Goals.--(1) The Commissioner shall
establish appropriate student performance goals for each age and grade
in each subject area to be tested under the National Assessment.
(2) The Commissioner, with the advice of the Council, shall
establish rigorous standards for the evaluation of such goals.
(3) Such goals shall be--
(A) 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;
(B) used on a trial basis until the Commissioner
determines, through an evaluation under subsection (f), that
such goals meet the standards under paragraph (2) and are
reasonable, valid, and informative to the public; and
(C) updated as appropriate.
(f) Review of National and State Assessments.--(1) The Commissioner
shall provide for continuing reviews by the National Academy of
Education or the National Academy of Sciences of the National
Assessment, State assessments, local educational agency assessments,
and student performance goals. Such reviews shall address whether each
trial state assessment is properly administered, produces high quality
data that is valid and reliable, produces data on student achievement
that is not otherwise available to the State exclusive of data
comparing participating States to each other and the Nation, and is a
cost-effective method of producing the data. The Commissioner shall
also carry out evaluation studies by the Center and solicitation of
public comment on the conduct and usefulness of the National
Assessment. The Commissioner shall report to the Congress, the
President, and the Nation on the findings and recommendations of such
reviews.
(2) The Commissioner shall consider the findings and
recommendations in designing the competition to select the
organization, or organizations, through which the Office carries out
the National Assessment.
(g) Coverage Agreements.--(1) The Secretary and the Secretary of
Defense may enter into an agreement, including such terms as are
mutually satisfactory, to include in the National Assessment the
defense dependents education system established under the Defense
Dependents' Education Act of 1978.
(2) The Secretary and the Secretary of the Interior may enter into
an agreement, including such terms as are mutually satisfactory, to
include in the National Assessment schools for Indian children operated
or supported by the Bureau of Indian Affairs.
SEC. 412. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this title,
$103,200,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
TITLE V--MISCELLANEOUS
SEC. 501. STUDY OF FEDERAL EFFORTS TO ASSIST IN SCHOOL REFORM.
(a)(1) In addition to the national assessment conducted pursuant to
title I of the Elementary and Secondary Education Act as amended by
this Act, the Secretary of Education shall conduct a comprehensive
study of how the Federal Government has assisted the States to reform
their educational systems through the various education laws enacted
during the 103d Congress.
(2) Such study shall encompass the changes made in Federal programs
pursuant to this Act as well as in any other law enacted during this
Congress amending a Federal program assisting pre-elementary,
elementary, or secondary education. In addition, such study shall
encompass new initiatives enacted into law, such as the Goals 2000:
Educate America Act, and the School-to-Work Opportunities Act.
(b)(1) This study shall include a comprehensive review of these
laws and programs to determine their overall effect on--
(A) the readiness of children for schooling,
(B) the improvement in educational attainment of students
in elementary and secondary education, and
(C) the improvement in skills needed by students to obtain
employment upon completion of high school or further education.
(2) This study shall also include a comprehensive review of these
programs to determine their overall effect--
(A) on school reform efforts undertaken by States,
(B) on efforts by States to adopt educational standards to
improve schooling for all children, to align their curricula,
teacher training, and assessments to such standards, and to
bring flexibility to the rules governing how education is to be
provided, and
(C) on student populations who have been the traditional
beneficiaries of Federal assistance to determine whether their
educational attainment has been improved through these changes.
(3) This study shall also evaluate how the National Assessment
Governing Board, the Advisory Council on Education Statistics, the
National Education Goals Panel, the National Education Statistics and
Improvement Council and any other Board established to analyze,
address, or approve standards and assessments coordinates, interacts,
and/or duplicates efforts to assist the States to reform their
educational systems.
(4) This study shall also include a review of these laws and
programs in such detail as the Secretary deems appropriate and may
involve cooperation with other Federal departments and agencies in
order to incorporate their evaluations and recommendations.
(c)(1) The Secretary shall appoint an independent panel to review
the plan for this study, to advise on its progress, and to comment, if
it so wishes, on the final report.
(2) The Secretary shall submit this report by January 1, 1998, to
the Committee on Education and Labor of the United States House of
Representatives and to the Committee on Labor and Human Resources.
SEC. 502. BUDGET COMPLIANCE.
Any authority to make payments pursuant to the amendments made by
this Act shall be effective only to the extent provided in
appropriation Acts.
Amend the title so as to read: ``A bill to extend for five
years the authorizations of appropriations for the programs
under the Elementary and Secondary Education Act of 1965, and
for certain other purposes.''.
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