[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1150 Placed on Calendar Senate (PCS)]
Calendar No. 106
103d CONGRESS
1st Session
S. 1150
_______________________________________________________________________
A BILL
To improve learning and teaching by providing a national framework for
education reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all American students;
to provide a framework for reauthorization of all Federal education
programs; to promote the development and adoption of a voluntary
national system of skill standards and certifications; and for other
purposes.
_______________________________________________________________________
June 23 (legislative day, June 22), 1993
Read twice and placed on the calendar
Calendar No. 106
103d CONGRESS
1st Session
S. 1150
To improve learning and teaching by providing a national framework for
education reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all American students;
to provide a framework for reauthorization of all Federal education
programs; to promote the development and adoption of a voluntary
national system of skill standards and certifications; and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23 (legislative day, June 22), 1993
Mr. Kennedy, from the Committee on Labor and Human Resources, reported
the following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To improve learning and teaching by providing a national framework for
education reform; to promote the research, consensus building, and
systemic changes needed to ensure equitable educational opportunities
and high levels of educational achievement for all American students;
to provide a framework for reauthorization of all Federal education
programs; to promote the development and adoption of a voluntary
national system of skill standards and certifications; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--Titles I through IV of this Act may be cited as
the ``Goals 2000: Educate America Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Part A--National Education Goals Panel
Sec. 201. Purpose.
Sec. 202. National education goals panel.
Sec. 203. Duties.
Sec. 204. Powers of the goals panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Part B--National Education Standards and Improvement Council
Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the council.
Sec. 216. Administrative provisions.
Sec. 217. Director and staff; experts and consultants.
Sec. 218. Opportunity-to-learn development grant.
Part C--Authorization of Appropriations
Sec. 221. Authorization of appropriations.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
Sec. 306. State improvement plans.
Sec. 307. Secretary's review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. National leadership.
Sec. 314. Assistance to the outlying areas and to the Secretary of the
Interior.
TITLE IV--SCHOOLS
Sec. 401. Public schools.
TITLE V--NATIONAL SKILL STANDARDS BOARD
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a framework for meeting
the National Education Goals described in title I of this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of teaching and learning in the
classroom;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform;
(4) establishing valid, reliable, and fair mechanisms for--
(A) building a broad national consensus on United
States education reform;
(B) assisting in the development and certification
of high-quality, internationally competitive content
and student performance standards;
(C) assisting in the development and certification
of opportunity-to-learn standards; and
(D) assisting in the development and certification
of high-quality assessment measures that reflect the
internationally competitive content and student
performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high standards; and
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that
will guide all Federal education and related programs;
(B) providing for the establishment of high-
quality, internationally competitive content and
student performance standards that all students,
including disadvantaged students, students with diverse
racial, ethnic, and cultural backgrounds, students with
disabilities, students with limited-English
proficiency, and academically talented students, will
be expected to achieve;
(C) providing for the establishment of high
quality, internationally competitive opportunity-to-
learn standards that all States, local educational
agencies, and schools should achieve;
(D) encouraging and enabling all State educational
agencies and local educational agencies to develop
comprehensive improvement plans that will provide a
coherent framework for the implementation of
reauthorized Federal education and related programs in
an integrated fashion that effectively educates all
children; and
(E) providing resources to help individual schools,
including schools serving students with high needs,
develop and implement comprehensive improvement plans.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``all students'' means students from a broad
range of backgrounds and circumstances, including disadvantaged
students, students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with limited-
English proficiency, students who have dropped out of school,
and academically talented students;
(2) the term ``assessment'' means the overall process and
form of instrument used to measure student attainment of
content standards, except that such term need not include the
discrete items that comprise each assessment;
(3) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(4) the term ``Governor'' means the chief executive of the
State;
(5) the term ``local educational agency'' has the meaning
given such term in section 1471(12) of the Elementary and
Secondary Education Act of 1965, except that such term may
include a public school council if such council is mandated by
State law;
(6) the term ``opportunity-to-learn standards'' means the
conditions of teaching and learning necessary for all students
to have a fair opportunity to learn, including ways of
measuring the extent to which such standards are being met;
(7) the term ``outlying areas'' means Guam, American Samoa,
the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, Palau (until the effective date of the Compact of Free
Association with the Government of Palau), and the Freely
Associated States;
(8) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to know
and be able to do to demonstrate that such students are
proficient in the skills and knowledge framed by content
standards;
(9) the term ``related services'' includes the types of
services described in section 602(17) of the Individuals with
Disabilities Education Act;
(10) the term ``school'' means a public school that is
under the authority of the State educational agency or a local
educational agency or, for the purpose of carrying out section
314(b), a school that is operated or funded by the Bureau of
Indian Affairs;
(11) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education;
(12) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico; and
(13) the term ``State educational agency'' has the same
meaning given such term in section 1471(23) of the Elementary
and Secondary Education Act of 1965.
TITLE I--NATIONAL EDUCATION GOALS
SEC. 101. PURPOSE.
It is the purpose of this title to establish National Education
Goals.
SEC. 102. NATIONAL EDUCATION GOALS.
The Congress declares the National Education Goals are as follows:
(1) School readiness.--
(A) Goal.--By the year 2000, all children in
America will start school ready to learn.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) all disadvantaged and disabled children
will have access to high-quality and
developmentally appropriate preschool programs
that help prepare children for school;
(ii) every parent in the United States will
be a child's first teacher and devote time each
day to helping such parent's preschool child
learn, and parents will have access to the
training and support parents need; and
(iii) children will receive the nutrition
and health care needed to arrive at school with
healthy minds and bodies, and the number of
low-birthweight babies will be significantly
reduced through enhanced prenatal health
systems.
(2) School completion.--
(A) Goal.--By the year 2000, the high school
graduation rate will increase to at least 90 percent.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) the Nation must dramatically reduce its
high school dropout rate, and 75 percent of
high school students who do drop out of school
will successfully complete a high school degree
or its equivalent; and
(ii) the gap in high school graduation
rates between United States students from
minority backgrounds and their nonminority
counterparts will be eliminated.
(3) Student achievement and citizenship.--
(A) Goal.--By the year 2000, United States students
will leave grades 4, 8, and 12 having demonstrated
competency over challenging subject matter including
English, mathematics, science, foreign languages,
civics and government, arts, history, and geography,
and every school in the United States will ensure that
all students learn to use their minds well, so students
may be prepared for responsible citizenship, further
learning, and productive employment in our Nation's
modern economy.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) the academic performance of elementary
and secondary students will increase
significantly in every quartile, and the
distribution of minority students in each
quartile will more closely reflect the student
population as a whole;
(ii) the percentage of students who
demonstrate the ability to reason, solve
problems, apply knowledge, and write and
communicate effectively will increase
substantially;
(iii) all students will be involved in
activities that promote and demonstrate good
citizenship, community service, and personal
responsibility;
(iv) the percentage of students who are
competent in more than one language will
substantially increase; and
(v) all students will be knowledgeable
about the diverse cultural heritage of our
Nation and about the world community.
(4) Mathematics and science.--
(A) Goal.--By the year 2000, United States students
will be first in the world in mathematics and science
achievement.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) mathematics and science education will
be strengthened throughout the educational
system, especially in the early grades;
(ii) the number of teachers with a
substantive background in mathematics and
science will increase by 50 percent from the
number of such teachers in 1992; and
(iii) the number of United States
undergraduate and graduate students, especially
women and minorities, who complete degrees in
mathematics, science, and engineering will
increase significantly.
(5) Adult literacy and lifelong learning.--
(A) Goal.--By the year 2000, every adult United
States citizen will be literate and will possess the
knowledge and skills necessary to compete in a global
economy and exercise the rights and responsibilities of
citizenship.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) every major United States business will
be involved in strengthening the connection
between education and work;
(ii) all workers will have the opportunity
to acquire the knowledge and skills, from basic
to highly technical, needed to adapt to
emerging new technologies, work methods, and
markets through public and private educational,
vocational, technical, workplace, or other
programs;
(iii) the number of quality programs,
including programs at libraries, that are
designed to serve more effectively the needs of
the growing number of part-time and mid-career
students, will increase substantially;
(iv) the proportion of qualified students,
especially minorities, who enter college, who
complete at least 2 years of college, and who
complete their degree programs, will increase
substantially; and
(v) the proportion of college graduates who
demonstrate an advanced ability to think
critically, communicate effectively, and solve
problems will increase substantially.
(6) Safe, disciplined, and drug-free schools.--
(A) Goal.--By the year 2000, every school in the
United States will be free of drugs and violence and
will offer a disciplined environment conducive to
learning.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) every school will implement a firm and
fair policy on use, possession, and
distribution of drugs and alcohol;
(ii) parents, businesses, governmental and
community organizations will work together to
ensure that schools are a safe haven for all
children;
(iii) every school district will develop a
comprehensive kindergarten through twelfth
grade drug and alcohol prevention education
program;
(iv) drug and alcohol curriculum should be
taught as an integral part of health education;
and
(v) community-based teams should be
organized to provide students and teachers with
needed support.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
PART A--NATIONAL EDUCATION GOALS PANEL
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan mechanism
for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals;
(3) periodically reviewing the goals and objectives
described in title I and recommending adjustments to such goals
and objectives, as needed, in order to guarantee education
reform that continues to provide guidance for quality, world
class education for all students; and
(4) reviewing and approving the voluntary national content
standards, voluntary national student performance standards and
voluntary national opportunity-to-learn standards certified by
the National Education Standards and Improvement Council, as
well as the criteria for the certification of such standards,
and the criteria for the certification of State assessments or
systems of assessments certified by such Council.
SEC. 202. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive branch a
National Education Goals Panel (hereafter in this title referred to as
the ``Goals Panel'').
(b) Composition.--The Goals Panel shall be composed of 18 members
(hereafter in this part referred to as ``members''), including--
(1) two members appointed by the President;
(2) eight members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of whom
shall be of the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors' Association, with the Chairperson and Vice
Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political party,
in consultation with each other;
(3) four Members of the Congress, of whom--
(A) one member shall be appointed by the Majority
Leader of the Senate from among the Members of the
Senate;
(B) one member shall be appointed by the Minority
Leader of the Senate from among the Members of the
Senate;
(C) one member shall be appointed by the Majority
Leader of the House of Representatives from among the
Members of the House of Representatives; and
(D) one member shall be appointed by the Minority
Leader of the House of Representatives from among the
Members of the House of Representatives; and
(4) four members of State legislatures appointed by the
President of the National Conference of State Legislatures, of
whom not more than 2 may be of the same political party as the
President of the United States.
(c) Special Appointment Rules.--
(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint 3 individuals
and the Vice Chairperson of such association shall
appoint 5 individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint 5 individuals
and the Vice Chairperson of such association shall
appoint 3 individuals.
(2) Special rule.--If the National Governors' Association
has appointed a panel that meets the requirements of
subsections (b) and (c), except for the requirements of
paragraph (4) of subsection (b), prior to the date of enactment
of this Act, then the members serving on such panel shall be
deemed to be in compliance with the provisions of such
subsections and shall not be required to be reappointed
pursuant to such subsections.
(d) Terms.--The terms of service of members shall be as follows:
(1) Presidential appointees.--Members appointed under
subsection (b)(1) shall serve at the pleasure of the President.
(2) Governors.--Members appointed under paragraph (2) of
subsection (b) shall serve a 2-year term, except that the
initial appointments under such paragraph shall be made to
ensure staggered terms with one-half of such members' terms
concluding every 2 years.
(3) Congressional appointees and state legislators.--
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
(e) Date of Appointment.--The initial members shall be appointed
not later than 60 days after the date of enactment of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its duties
under this part when 10 members of the Goals Panel have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not affect the
powers of the Goals Panel, but shall be filled in the same manner as
the original appointment.
(h) Travel.--Each member may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for each day the member is engaged in the
performance of duties for the Goals Panel away from the home or regular
place of business of the member.
(i) Chairperson.--
(1) In general.--The members shall select a Chairperson
from among the members described in paragraph (2) of subsection
(b).
(2) Term and political affiliation.--The Chairperson of the
Goals Panel shall serve a 1-year term and shall alternate
between political parties.
SEC. 203. DUTIES.
(a) In General.--The Goals Panel shall--
(1) report on the progress the Nation and the States are
making toward achieving the National Education Goals described
in title I, including issuing an annual national report card;
(2) submit to the President nominations for appointment to
the National Education Standards and Improvement Council in
accordance with subsections (b) and (c) of section 212;
(3) review and approve (or explain why approval is
withheld) the--
(A) criteria developed by the National Education
Standards and Improvement Council for the certification
of content and student performance standards,
assessments or systems of assessments, and opportunity-
to-learn standards; and
(B) voluntary national content standards, voluntary
national student performance standards and voluntary
national opportunity-to-learn standards certified by
such Council;
(4) report on promising or effective actions being taken at
the national, State, and local levels, and in the public and
private sectors, to achieve the National Education Goals; and
(5) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) National Report Card.--
(1) In general.--The Goals Panel shall annually prepare and
submit to the President, the Secretary, the appropriate
committees of the Congress, and the Governor of each State a
national report card that shall--
(A) report on the progress of the United States
toward achieving the National Education Goals; and
(B) identify actions that should be taken by
Federal, State, and local governments to enhance
progress toward achieving the National Education Goals.
(2) Form; data.--National report cards shall be presented
in a form, and include data, that is understandable to parents
and the general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) Hearings.--
(1) In general.--The Goals Panel shall, for the purpose of
carrying out this part, conduct such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence, as the Goals Panel considers appropriate.
(2) Representation.--In carrying out this part, the Goals
Panel shall conduct hearings to receive reports, views, and
analyses of a broad spectrum of experts and the public on the
establishment of voluntary national content, voluntary national
student performance standards, voluntary national opportunity-
to-learn standards, and State assessments or systems of
assessments described in section 213(e).
(b) Information.--The Goals Panel may secure directly from any
department or agency of the Federal Government information necessary to
enable the Goals Panel to carry out this part. Upon request of the
Chairperson of the Goals Panel, the head of any such department or
agency shall furnish such information to the Goals Panel to the extent
permitted by law.
(c) Postal Services.--The Goals Panel may use the United States
mail in the same manner and under the same conditions as departments
and agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Goals Panel may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) with their consent, use the research, equipment,
services, and facilities of any department, agency or
instrumentality of the Federal Government, or of any State or
political subdivision thereof.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
(2) Contracts and other arrangements.--The Secretary shall,
to the extent appropriate, and on a reimbursable basis, make
contracts and other arrangements that are requested by the
Goals Panel to help the Goals Panel compile and analyze data or
carry out other functions necessary to the performance of the
Goals Panel's responsibilities.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular basis, as
necessary, at the call of the Chairperson of the Goals Panel or a
majority of the members of the Goals Panel.
(b) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
(c) Voting.--No individual may vote, or exercise any of the powers
of a member, by proxy.
(d) Public Access.--The Goals Panel shall ensure public access to
the proceedings of the Goals Panel (other than proceedings, or portions
of proceedings, relating to internal personnel and management matters)
and shall make available to the public, at reasonable cost, transcripts
of such proceedings.
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel, without regard
to the provisions of title 5, United States Code, relating to the
appointment and compensation of officers or employees of the United
States, shall appoint a Director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) 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 maximum rate of basic pay payable
for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals Panel in
accordance with title 5, United States Code.
(c) Experts and Consultants.--The Goals Panel may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the Goals
Panel, the head of any department or agency of the United States may
detail any of the personnel of such department to the Goals Panel to
assist the Goals Panel in carrying out its responsibilities under this
part.
PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
SEC. 211. PURPOSE.
It is the purpose of this part to establish a mechanism to--
(1) certify voluntary national content standards and
voluntary national student performance standards that define
what all students should know and be able to do;
(2) certify content and student performance standards
submitted by States on a voluntary basis, if such standards are
comparable in rigor and quality to the voluntary national
content standards and voluntary national student performance
standards certified by the National Education Standards and
Improvement Council;
(3) certify voluntary national opportunity-to-learn
standards that describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national student
performance standards certified by the National Education
Standards and Improvement Council;
(4) certify opportunity-to-learn standards submitted by
States on a voluntary basis that--
(A) describe the conditions of teaching and
learning necessary for all students to have a fair
opportunity to learn; and
(B) address the elements described in section
213(c)(3); and
(5) certify assessments or systems of assessments submitted
by States on a voluntary basis, if such assessments or
systems--
(A) are aligned with and support State content
standards certified by such Council; and
(B) are valid, reliable, and fair when used for
their intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.
(a) Establishment.--There is established in the executive branch a
National Education Standards and Improvement Council (hereafter in this
part referred to as the ``Council'').
(b) Composition.--The Council shall be composed of 19 members
(hereafter in this part referred to as ``members'') appointed by the
President from nominations submitted by the Goals Panel.
(c) Qualifications.--
(1) In general.--The members of the Council shall include--
(A) five professional educators appointed from
among elementary and secondary classroom teachers,
preschool educators, related services personnel, and
other school-based professionals, State or local
educational agency administrators, or other educators;
(B) four representatives of business and industry
or postsecondary educational institutions, including at
least 1 representative of business and industry who is
also a member of the National Skill Standards Board
established pursuant to title V;
(C) five representatives of the public, appointed
from among representatives of advocacy, civil rights,
and disability groups, parents, civic leaders, or State
or local education policymakers (including members of
State or local school boards); and
(D) five education experts, appointed from among
experts in measurement and assessment, curriculum,
school finance and equity, or school reform.
(2) Nominations.--The Goals Panel shall submit to the
President at least 15 nominations for each of the 4 categories
of appointment described in subparagraphs (A) through (D) of
paragraph (1).
(3) Representation.--To the extent feasible, the membership
of the Council shall--
(A) be geographically representative of the United
States and reflect the diversity of the United States
with respect to race, ethnicity, gender and disability
characteristics; and
(B) include persons from each of the 4 categories
described in subparagraphs (A) through (D) of paragraph
(1) who have expertise in the education of subgroups of
students who are at risk of school failure.
(d) Terms.--
(1) In general.--Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) Initial terms.--The President shall establish initial
terms for members of 1, 2, or 3 years in order to establish a
rotation in which one-third of the members are selected each
year.
(e) Date of Appointment.--The initial members shall be appointed
not later than 120 days after the date of enactment of this Act.
(f) Initiation.--The Council shall begin to carry out the duties of
the Council under this part when all 19 members have been appointed.
(g) Retention.--In order to retain an appointment to the Council, a
member shall attend at least two-thirds of the scheduled meetings of
the Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the powers
of the Council, but shall be filled in the same manner as the original
appointment.
(i) Compensation.--Members who are not regular full-time employees
of the United States, while attending meetings or hearings of the
Council, may be provided compensation at a rate fixed by the Secretary,
but not exceeding the maximum rate of basic pay payable for GS-15 of
the General Schedule.
(j) Travel.--Each member of the Council may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the member is
engaged in the performance of duties for the Council away from the home
or regular place of business of the member.
(k) Officers.--The members shall select officers of the Council
from among the members. The officers of the Council shall serve for 1-
year terms.
(l) Conflict of Interest.--No member, staff, expert, or consultant
assisting the Council shall be appointed to the Council--
(1) if such member, staff, expert, or consultant has a
fiduciary interest in an educational assessment; and
(2) unless such member, staff, expert, or consultant agrees
that such member, staff, expert, or consultant, respectively,
will not obtain such an interest for a period of 2 years from
the date of termination of such member's service on the
Council.
SEC. 213. DUTIES.
(a) Voluntary National Content Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national content standards, shall--
(A) identify areas in which voluntary national
content standards need to be developed;
(B) certify voluntary national content standards
and voluntary national student performance standards
that define what all students should know and be able
to do; and
(C) forward such voluntary national content
standards and voluntary national student performance
standards to the Goals Panel for approval.
(2) Criteria.--(A) The Council, upon recommendation from a
working group on voluntary national content standards, shall--
(i) identify and develop criteria to be used for
certifying the voluntary national content standards and
voluntary national student performance standards; and
(ii) before applying such criteria, forward such
criteria to the Goals Panel for approval.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best
standards in the world;
(ii) the extent to which the proposed voluntary
national content standards and voluntary national
student performance standards reflect the best
available knowledge about how all students learn and
about how a content area can be most effectively
taught;
(iii) the extent to which the proposed voluntary
national content standards and voluntary national
student performance standards have been developed
through an open and public process that provides for
input and involvement of all relevant parties,
including teachers, related services personnel, and
other professional educators, employers and
postsecondary education institutions, curriculum and
subject matter specialists, parents, secondary school
students, and the public; and
(iv) other factors that the Council deems
appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content standards, and any other entities that the Council
deems appropriate, to identify appropriate certification
criteria.
(b) Voluntary State Content Standards.--The Council may certify
content and student performance standards presented on a voluntary
basis by States, if such standards are comparable in rigor and quality
to the voluntary national content standards and voluntary national
student performance standards certified by the Council.
(c) Voluntary National Opportunity-To-Learn Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national opportunity-to-learn
standards, shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis for
providing all students a fair opportunity to achieve the
knowledge and skills described in the voluntary national
content standards certified by the Council.
(2) Requirement.--The voluntary national opportunity-to-
learn standards shall be sufficiently general to be used by any
State without unduly restricting State and local prerogatives
regarding instructional methods to be employed.
(3) Elements addressed.--The voluntary national
opportunity-to-learn standards certified by the Council shall
address--
(A) the quality and availability of curricula,
instructional materials, and technologies;
(B) the capability of teachers to provide high-
quality instruction to meet diverse learning needs in
each content area;
(C) the extent to which teachers and administrators
have ready and continuing access to professional
development, including the best knowledge about
teaching, learning, and school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content
standards; and
(E) other factors that the Council deems
appropriate to ensure that all students receive a fair
opportunity to achieve the knowledge and skills
described in the voluntary national content standards
and the voluntary national student performance
standards certified by the Council.
(4) Additional duties.--In carrying out this subsection,
the Council shall--
(A) identify what other countries with rigorous
content standards do to--
(i) provide their children with
opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional
development opportunities for their teachers;
and
(B) develop criteria to be used for certifying the
voluntary national opportunity-to-learn standards and,
before applying such criteria, forward such criteria to
the Goals Panel for approval.
(5) Recommendations and coordination.--The Council shall
assist in the development of the voluntary national
opportunity-to-learn standards by--
(A) making recommendations to the Secretary
regarding priorities and selection criteria for each
grant awarded under section 218; and
(B) coordinating with each consortium receiving a
grant under section 218 to ensure that the opportunity-
to-learn standards the consortium develops for all
students are of high quality and are consistent with
the criteria developed by the Council for the
certification of such standards.
(6) Approval.--The Council shall forward the voluntary
national opportunity-to-learn standards that the Council
certifies to the Goals Panel for approval.
(d) Voluntary State Opportunity-To-Learn Standards.--The Council
may certify voluntary opportunity-to-learn standards presented on a
voluntary basis by a State that--
(1) describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to learn;
and
(2) address the elements described in section 213(c)(3).
(e) Assessments.--
(1) In general.--(A) The Council shall certify, for a
period not to exceed 5 years, an assessment of a single subject
area or a system of assessments involving several subject areas
presented on a voluntary basis by a State if such assessment or
system of assessment--
(i) is aligned with such State's voluntary State
content standards, if such State has voluntary State
content standards that have been certified by the
Council;
(ii) involves multiple measures of student
performance; and
(iii) provides for--
(I) the participation of all students with
diverse learning needs in such assessment or
system; and
(II) the adaptations and accommodations
necessary to permit such participation.
(B) Assessments or systems of assessments shall be
certified for the purpose of--
(i) exemplifying for students, parents, and
teachers the kinds and levels of achievement that
should be expected, including the identification of
student performance standards;
(ii) improving classroom instruction and improving
the learning outcomes for all students;
(iii) informing students, parents, and teachers
about student progress toward such standards;
(iv) measuring and motivating individual students,
schools, districts, States, and the Nation to improve
educational performance; and
(v) assisting education policymakers in making
decisions about education programs.
(2) Implementation.--(A)(i) The Council shall develop, and
not sooner than 3 years nor later than 4 years after the date
of enactment of this Act, begin utilizing, criteria for the
certification of such an assessment or a system of assessments
in accordance with this subsection, including an assessment or
system that is used to make decisions regarding graduation,
grade promotion, or retention of students.
(ii) Before utilizing the criteria described in clause (i),
the Council shall forward such criteria to the Goals Panel for
approval.
(B) The certification criteria described in this paragraph
shall address the extent to which an assessment or a system of
assessments--
(i)(I) is aligned with a State's voluntary State
content standards, if such State has voluntary State
content standards that have been certified by the
Council; and
(II) will support effective curriculum and
instruction;
(ii) is to be used for a purpose for which such
assessment or system is valid, reliable, fair, and free
of discrimination; and
(iii) includes all students, especially students
with disabilities or with limited-English proficiency.
(C) In determining appropriate certification criteria under
this paragraph, the Council shall--
(i) consider standards and criteria being developed
by other national organizations and recent research on
assessment;
(ii) recommend needed research;
(iii) encourage the development and field testing
of assessments or systems of assessments; and
(iv) provide a public forum for discussing,
debating, and building consensus for the criteria to be
used for the certification of assessments or systems of
assessments.
(D) Prior to determining the certification criteria
described in this paragraph, the Council shall take public
comment on its proposed certification criteria.
(f) Performance of Duties.--In carrying out its responsibilities
under this title, the Council shall--
(1) work with Federal and non-Federal departments,
agencies, or organizations that are conducting research,
studies, or demonstration projects to determine internationally
competitive education standards and assessments, and may
establish subject matter and other panels to advise the Council
on particular content, student performance, and opportunity-to-
learn standards and on assessments or systems of assessments;
(2) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards under
this title with the development of skill standards described in
title V;
(3) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(4) inform the public about what constitutes high quality,
internationally competitive, content, student performance, and
opportunity-to-learn standards, and assessments or systems of
assessments;
(5) on a regular basis, review and update criteria for
certifying content, student performance, and opportunity-to-
learn standards, and assessments or systems of assessments; and
(6) periodically recertify, as appropriate, the voluntary
national content standards, the voluntary national student
performance standards, and the voluntary national opportunity-
to-learn standards.
SEC. 214. ANNUAL REPORTS.
Not later than 1 year after the date the Council concludes its
first meeting, and each year thereafter, the Council shall prepare and
submit a report regarding its work to the President, the Secretary, the
appropriate committees of the Congress, the Governor of each State, and
the Goals Panel.
SEC. 215. POWERS OF THE COUNCIL.
(a) Hearings.--
(1) In general.--The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) Location.--In carrying out this part, the Council shall
conduct public hearings in different geographic areas of the
United States, both urban and rural, to receive the reports,
views, and analyses of a broad spectrum of experts and the
public on the establishment of voluntary national content
standards, voluntary national student performance standards,
voluntary national opportunity-to-learn standards, and
assessments or systems of assessments described in section
213(e).
(b) Information.--The Council may secure directly from any
department or agency of the Federal Government information necessary to
enable the Council to carry out this part. Upon request of the
Chairperson of the Council, the head of such department or agency shall
furnish such information to the Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States mail in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Council may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) with their consent, use the research, equipment,
services, and facilities of any department, agency, or
instrumentality of the United States, or of any State or
political subdivision thereof.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the
Council, on a reimbursable basis, such administrative support
services as the Council may request.
(2) Contracts and other arrangements.--The Secretary, to
the extent appropriate and on a reimbursable basis, shall enter
into contracts and other arrangements that are requested by the
Council to help the Council compile and analyze data or carry
out other functions necessary to the performance of the
Council's responsibilities.
SEC. 216. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis, as
necessary, at the call of the Chairperson of the Council or a majority
of its members.
(b) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
(c) Voting.--The Council shall take all action of the Council by a
majority vote of the total membership of the Council, ensuring the
right of the minority to issue written views. No individual may vote or
exercise any of the powers of a member by proxy.
(d) Public Access.--The Council shall ensure public access to its
proceedings (other than proceedings, or portions of proceedings,
relating to internal personnel and management matters) and shall make
available to the public, at reasonable cost, transcripts of such
proceedings.
SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council, without regard to
the provisions of title 5, United States Code, relating to the
appointment and compensation of officers or employees of the United
States, shall appoint a Director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Council without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) 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 maximum rate of basic pay payable
for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff of the Council
consistent with title 5, United States Code.
(c) Experts and Consultants.--The Council may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the Council,
the head of any department or agency of the Federal Government may
detail any of the personnel of such department or agency to the Council
to assist the Council in carrying out its duties under this part.
SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
(a) Opportunity-To-Learn Development Grant.--
(1) In general.--The Secretary is authorized to award a
grant or grants, on a competitive basis, to a consortium or
consortia of individuals and organizations to enable such
consortium or consortia to develop voluntary national
opportunity-to-learn standards.
(2) Composition of consortium.--To the extent possible,
each consortium described in paragraph (1) shall include the
participation of--
(A) Governors (other than Governors serving on the
Goals Panel);
(B) chief State school officers;
(C) teachers, especially teachers involved in the
development of content standards, and related services
personnel;
(D) principals;
(E) superintendents;
(F) State and local school board members;
(G) curriculum and school reform experts;
(H) parents;
(I) State legislators;
(J) representatives of businesses;
(K) representatives of higher education;
(L) representatives of regional accrediting
associations;
(M) advocacy groups; and
(N) secondary school students.
(b) Applications.--Each consortium that desires to receive a grant
under this subsection shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may require.
(c) Award Consideration.--In establishing priorities and selection
criteria for awarding a grant or grants under this section, the
Secretary shall give serious consideration to the recommendations made
by the Council pursuant to section 213(c)(5)(A).
PART C--AUTHORIZATION OF APPROPRIATIONS
SEC. 221. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized to be
appropriated $3,000,000 for fiscal year 1994, and such sums as may be
necessary for each of the 4 succeeding fiscal years, to carry out part
A.
(b) National Education Standards and Improvement Council.--There
are authorized to be appropriated $3,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the 4 succeeding fiscal
years, to carry out part B.
(c) Opportunity-To-Learn Development Grants.--There are authorized
to be appropriated $1,000,000 for fiscal year 1994, and such sums as
may be necessary for fiscal year 1995, to carry out section 218.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 301. FINDINGS.
The Congress finds that--
(1) all students can learn to high standards and must
realize their potential if the United States is to prosper;
(2) the reforms in education from 1977 through 1992 have
achieved some good results, but such reform efforts often have
been limited to a few schools or to a single part of the
educational system;
(3) leadership must come from teachers, related services
personnel, principals, and parents in individual schools, and
from policymakers at the local, State, tribal, and national
levels, in order for lasting improvements in student
performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve internationally
competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement;
(6) parents, teachers and other local educators, and
business, community, and tribal leaders, must be involved in
developing system-wide improvement strategies that reflect the
needs of their individual communities;
(7) all students are entitled to teaching practices that
are in accordance with accepted standards of professional
practice and that hold the greatest promise of improving
student performance;
(8) all students are entitled to participate in a broad and
challenging curriculum and to have access to resources
sufficient to address other education needs;
(9) State and local education improvement efforts must
incorporate strategies for providing students and families with
coordinated access to appropriate social services, health care,
nutrition, early childhood education, and child care to remove
preventable barriers to learning and enhance school readiness
for all students;
(10) States and local educational agencies, working
together, must immediately set about developing and
implementing such system-wide improvement strategies if our
Nation is to educate all children to meet their full potential
and achieve the National Education Goals described in title I;
(11) State and local systemic improvement strategies must
provide all students with effective mechanisms and appropriate
paths to the work force as well as to higher education;
(12) businesses should be encouraged--
(A) to enter into partnerships with schools;
(B) to provide information and guidance to schools
based on the needs of area businesses for properly
educated graduates in general and on the need for
particular workplace skills that the schools may
provide;
(C) to provide necessary education and training
materials and support; and
(D) to continue the lifelong learning process
throughout the employment years of an individual;
(13) the appropriate and innovative use of technology can
be very effective in helping to provide all students with the
opportunity to learn and meet high standards; and
(14) Federal funds should be targeted to support State and
local initiatives, and to leverage State and local resources
for designing and implementing system-wide education
improvement plans.
SEC. 302. PURPOSE.
It is the purpose of this title to--
(1) improve the quality of education for all students by
supporting a long-term, broad-based effort to provide coherent
and coordinated improvements in the system of education
throughout our Nation at the State and local levels;
(2) provide new authorities and funding for our Nation's
school systems;
(3) not replace or reduce funding for existing Federal
education programs; and
(4) ensure that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $400,000,000 for the fiscal
year 1994, and such sums as may be necessary for each of the fiscal
years 1995 through 1998, to carry out this title.
SEC. 304. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated pursuant to the
authority of section 303, the Secretary--
(1) shall reserve a total of 1 percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas; and
(B) to the Secretary of the Interior to benefit
Indian students in schools operated or funded by the
Bureau of Indian Affairs; and
(2) may reserve a total of not more than 4 percent for--
(A) national leadership activities under
subsections (a) and (b) of section 313; and
(B) the costs of peer review of State improvement
plans and applications under this title.
(b) State Allotments.--From the amount allotted under section 303
and not reserved under subsection (a) in each fiscal year the Secretary
shall make allotments to State educational agencies as follows:
(1) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 for the preceding fiscal year
if funds under such chapter in such preceding fiscal year were
not reserved for the outlying areas.
(2) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under part A of chapter 2 of title I of the Elementary
and Secondary Education Act of 1965 for the preceding fiscal
year if funds under such chapter in such preceding fiscal year
were not reserved for the outlying areas.
(c) Reallotments.--If the Secretary determines that any amount of a
State educational agency's allotment for any fiscal year under
subsection (b) will not be needed for such fiscal year by the State,
the Secretary shall reallot such amount to other State educational
agencies that need additional funds, in such manner as the Secretary
determines is appropriate.
(d) Maintenance of Effort.--Each recipient of funds under this
title, in utilizing the proceeds of an allotment received under this
title, shall maintain the expenditures of such recipient for the
activities assisted under this title at a level equal to not less than
the level of such expenditures maintained by such recipient for the
fiscal year preceding the fiscal year for which such allotment is
received, except that provisions of this section shall not apply in any
fiscal year in which the amount appropriated to carry out this title is
less than the amount appropriated to carry out this title in the
preceding fiscal year.
(e) Supplement Not Supplant.--Each recipient of funds under this
title, may use the proceeds of an allotment received under this title
only so as to supplement and, to the extent practicable, increase the
level of funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the activities assisted
under this title.
SEC. 305. STATE APPLICATIONS.
(a) Application.--
(1) In general.--Each State educational agency that desires
to receive an allotment under this title shall submit an
application to the Secretary at such time and in such manner as
the Secretary may determine.
(2) Additional information.--In addition to the information
described in subsections (b) and (c), each such application
shall include--
(A) an assurance that the State educational agency
will cooperate with the Secretary in carrying out the
Secretary's responsibilities under section 313, and
will comply with reasonable requests of the Secretary
for data related to the State's progress in developing
and implementing its State improvement plan under this
title;
(B) an assurance that State law provides adequate
authority to carry out each component of the State's
improvement plan developed, or to be developed under
section 306, or that such authority will be sought; and
(C) such other assurances and information as the
Secretary may require.
(b) First Year.--A State educational agency's application for the
first year of assistance under this title shall--
(1) describe the process by which the State educational
agency will develop a school improvement plan that meets the
requirements of section 306; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will use
funds received under this title for education preservice
programs and professional development activities in accordance
with section 309(b).
(c) Subsequent Years.--A State educational agency's application for
the second year of assistance under this title shall--
(1) cover the second through fifth years of the State's
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 306 or, if the State
improvement plan is not complete, a statement of the steps the
State will take to complete the plan and a schedule for doing
so; and
(3) include an explanation of how the State educational
agency will use funds received under this title, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will use
such funds received under this title for education preservice
programs and professional development activities in accordance
with section 309(b).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Any State educational agency that desires
to receive an allotment under this title after its first year of
participation shall develop and implement a State improvement plan for
the fundamental restructuring and improvement of elementary and
secondary education in the State. Such plan shall address--
(1) in accordance with subsection (c), the establishment or
adoption of challenging content and student performance
standards for all students and the use of curricula,
instructional practices, assessments or systems of assessments
described in section 213(e), technology, and professional
preparation and development approaches appropriate to help all
students reach such standards;
(2) in accordance with subsection (d), the establishment or
adoption of opportunity-to-learn standards that will define the
conditions of teaching and learning that provide all students
the opportunity to meet the challenging content and student
performance standards;
(3) in accordance with subsection (e), needed changes in
the governance and management of the education system in order
to effectively focus schools on, and assist schools in,
preparing all students to meet the challenging State standards;
(4) in accordance with subsection (f), comprehensive
strategies to involve communities, including parents,
businesses, institutions of higher education, libraries,
museums, employment and training agencies, health and human
service agencies, and other public and private nonprofit
agencies that provide nonsectarian social services, health
care, child care, early childhood education, and nutrition to
students, in helping all students meet the challenging State
standards;
(5) in accordance with subsection (g), strategies for
ensuring that all local educational agencies and schools within
the State are involved in developing and implementing needed
improvements within a specified period of time; and
(6) in accordance with subsection (h), strategies for
ensuring that comprehensive, systemic reform is promoted from
the bottom up in communities, local educational agencies, and
schools.
(b) Plan Development.--
(1) In general.--A State improvement plan under this title
shall be developed by a broad-based State panel in cooperation
with the State educational agency and the Governor. The panel
shall include--
(A) the Governor and the chief State school
officer, or their designees;
(B) the chairperson of the State board of education
and the chairpersons of the appropriate authorizing
committees of the State legislature, or their
designees;
(C) school teachers, related services personnel,
principals, and administrators who have successfully
improved student performance; and
(D) representatives of teachers' organizations,
organizations serving young children, parents,
secondary school students, business and labor leaders,
community-based organizations of demonstrated
effectiveness, local boards of education, State and
local officials, and others, as appropriate.
(2) Appointment.--The Governor and the chief State school
officer shall each appoint half the members of the panel and
shall jointly select the Chairperson of the panel.
(3) Representation.--The membership of the panel shall be
geographically representative of the State and reflect the
diversity of the population of the State with regard to race,
ethnicity, gender and disability characteristics.
(4) Consultation.--The panel shall consult the Governor,
the chief State school officer, the State board of education,
and relevant committees of the State legislature in developing
the State improvement plan.
(5) Outreach.--The panel shall be responsible for
conducting a statewide, grassroots outreach process, including
conducting public hearings, to involve educators, related
services personnel, parents, local officials, individuals
representing private nonprofit elementary and secondary
schools, community and business leaders, citizens, children's
advocates, and others with a stake in the success of students
and their education system, and who are representative of the
diversity of the State and the State's student population,
including students of limited-English proficiency, Native
American students, and students with disabilities, in the
development of the State improvement plan and in a continuing
dialogue regarding the need for and nature of challenging
standards for students and local and State responsibilities for
helping all students achieve such standards in order to assure
that the development and implementation of the State
improvement plan reflects local needs and experiences and does
not result in a significant increase in paperwork for teachers.
(6) Procedure and approval.--The panel shall develop a
State improvement plan, provide opportunity for public comment,
and submit such plan to the State educational agency for
approval.
(7) Submission.--The State educational agency shall submit
the original State improvement plan developed by the panel and
the State improvement plan modified by such agency, together
with an explanation of any changes made by such agency to the
plan developed by the panel, to the Secretary for approval.
(8) Matters not under the jurisdiction of the state
educational agency.--If any portion of a State improvement plan
addresses matters that, under State or other applicable law,
are not under the authority of the State educational agency,
the State educational agency shall obtain the approval of, or
changes to, such portion, with an explanation thereof, from the
Governor or other official responsible for that portion before
submitting such plan to the Secretary.
(9) Monitoring; revisions; reporting.--After approval of
the State improvement plan by the Secretary, the panel shall be
informed of progress on such plan by the State educational
agency, and such agency, in close consultation with teachers,
principals, administrators, advocates and parents in local
educational agencies and schools receiving funds under this
title, shall monitor the implementation and operation of such
plan. The panel shall review such plan, and based on the
progress described in the preceding sentence, determine if
revisions to such plan are appropriate and necessary. The panel
shall periodically report such determination to the public.
(c) Teaching, Learning, Standards, and Assessments.--Each State
improvement plan shall establish strategies for meeting the National
Education Goals described in title I by improving teaching and
learning, and such strategies shall involve broad-based and ongoing
classroom teacher input, including--
(1) a process for developing or adopting challenging
content and student performance standards for all students;
(2) a process for providing assistance and support to local
educational agencies and schools to strengthen the capacity and
responsibility of such agencies and schools to provide all of
their students the opportunity to meet challenging State
content and student performance standards;
(3) a process for developing or recommending instructional
materials and technology to support and assist local
educational agencies and schools to provide all of their
students the opportunity to meet the challenging State content
and student performance standards;
(4) a process for developing and implementing a valid,
fair, nondiscriminatory, and reliable assessment or system of
assessments described in section 213(e) or a set of locally
based systems of assessment--
(A) which assessment, system or set shall--
(i) be consistent with relevant, nationally
recognized professional and technical standards
for such assessment, system or set;
(ii) be capable of providing coherent
information about student attainments relative
to the State content standards; and
(iii) support effective curriculum and
instruction; and
(B) which process shall provide for monitoring the
implementation of such assessment, system or set and
the impact of such assessment, system or set on
improved instruction for all students; and
(5) a process for improving the State's system of teacher
and school administrator preparation and licensure, and of
continuing professional development programs, including the use
of technology at both the State and local levels, so that all
teachers, related services personnel, and administrators
develop the subject matter and pedagogical expertise needed to
prepare all students to meet the challenging standards
described in paragraph (1).
(d) Opportunity-To-Learn Standards.--Each State improvement plan
shall establish a strategy and timetable for--
(1) adopting or establishing opportunity-to-learn standards
that address the needs of all students;
(2) achieving the State's opportunity-to-learn standards in
every school in the State; and
(3) periodically reporting to the public on the extent of
the State's improvement in achieving such standards.
(e) Governance and Management.--Each State plan shall establish
strategies for improved governance and management of the education
system of the State.
(f) Parental and Community Support and Involvement.--Each State
improvement plan shall describe strategies for how the State will
develop support for, and help implement, such plan.
(g) Making the Improvements System-Wide.--In order to help provide
all students throughout the State the opportunity to meet challenging
State standards, each State improvement plan shall describe the various
strategies to be employed.
(h) Promoting Bottom-Up Reform.--Each State improvement plan shall
include strategies for ensuring that comprehensive, systemic reform is
promoted from the bottom up in communities, local educational agencies,
and schools, and is guided by coordination and facilitation from State
leaders.
(i) Benchmarks and Timelines.--Each State improvement plan shall
include specific benchmarks of improved student performance and of
progress in implementing such plan, and timelines against which the
progress of the State in carrying out such plan, including the elements
described in subsections (c) through (h), can be measured.
(j) Peer Review and Secretarial Approval.--
(1) In general.--The Secretary shall review, within a
reasonable period of time, each State improvement plan prepared
under this section, and each application submitted under
section 305, through a peer review process involving the
assistance and advice of State and local education
policymakers, educators, classroom teachers, related services
personnel, experts on educational innovation and improvement,
parents, advocates, and other appropriate individuals. Such
peer review process shall be representative of the diversity of
the United States with regard to geography, race, ethnicity,
gender and disability characteristics. Such peer review process
shall include at least 1 site visit to each State.
(2) Approval of plan.--The Secretary shall approve a State
improvement plan if--
(A) such plan is submitted to the Secretary not
later than 2 years after the date the State educational
agency receives its first allotment under section
304(b); and
(B) the Secretary determines, after considering the
peer reviewers' comments, that such plan--
(i) reflects a widespread commitment within
the State; and
(ii) holds reasonable promise of helping
all students.
(3) Disapproval.--The Secretary shall not disapprove a
State's plan, or any State application submitted under section
305, before offering the State--
(A) an opportunity to revise such plan or
application; and
(B) a hearing.
(k) Amendments to Plan.--
(1) In general.--Each State educational agency shall
periodically review its State improvement plan and revise such
plan, as appropriate, in accordance with the process described
in subsection (b).
(2) Review.--The Secretary shall review major amendments to
a State improvement plan through the same process, described in
subsection (j), used to review the original State improvement
plan.
(l) Preexisting State Plans and Panels.--
(1) In general.--If a State has developed a comprehensive
and systemic State improvement plan to help all students meet
challenging standards, or any component of such plan, that
meets the intent and purposes of section 302, the Secretary may
approve such plan or component notwithstanding that such plan
was not developed in accordance with subsection (b), if--
(A) the Secretary determines that such approval
would further the purposes of State systemic education
improvement; and
(B) such plan ensures broad-based input from
various education, political, community, and other
appropriate representatives.
(2) Special rule.--(A) If, before the date of enactment of
this Act, a State has made substantial progress in developing a
plan that meets the intent and purposes of section 302, but was
developed by a panel that does not meet the requirements of
paragraphs (1) through (3) of subsection (b), the Secretary
may, at the request of the Governor and the State educational
agency, treat such panel as meeting such requirements for all
purposes of this title if the Secretary determines that there
has been substantial public and educator involvement in the
development of such plan.
(B) If a State has not developed a State improvement plan
but has an existing panel which such State would like to use
for the purpose of developing such plan, then the Secretary
may, at the request of the Governor and the State educational
agency, treat such panel as meeting the requirements of
paragraphs (1) through (3) of subsection (b) for all purposes
of this title if--
(i) the Secretary determines that such existing
panel is serving a similar such purpose; and
(ii) the composition of such existing panel would
ensure broad-based input from various education,
political, community, and other appropriate
representatives.
SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the State educational
agency's initial year application under section 305(b) if the Secretary
determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the State will
be able to develop and implement an education improvement plan
that complies with section 306.
(b) Second Through Fifth Years.--The Secretary shall approve the
State educational agency's renewal application under section 305(c)(1)
in the second through fifth years of participation only if--
(1)(A) the Secretary has approved the State improvement
plan under section 306(j); or
(B) the Secretary determines that the State has made
substantial progress in developing its State improvement plan
and will implement such plan not later than the end of the
second year of participation; and
(2) the application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall provide an
allotment to the State educational agency in the amount determined
under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State educational
agency receives an allotment under this title, such agency--
(1) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$200,000,000, shall use at least 75 percent of such allotted
funds to award subgrants--
(A) to local educational agencies for the
development or implementation of local improvement
plans in accordance with section 309(a); and
(B) to improve educator and related services
personnel preservice programs and for professional
development activities consistent with the State
improvement plan and in accordance with section 309(b);
(2) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$100,000,000, but less than $200,000,000, shall use at least 50
percent of such allotted funds to award subgrants described in
subparagraphs (A) and (B) of paragraph (1);
(3) if the amount appropriated pursuant to the authority of
section 303 for such year is less than $100,000,000, may use
such allotted funds to award subgrants described in
subparagraphs (A) and (B) of paragraph (1); and
(4) shall use any such allotted funds not used in
accordance with paragraphs (1), (2), and (3) to develop,
revise, expand, or implement a State improvement plan described
in section 306.
(b) Succeeding Years.--Each State educational agency that receives
an allotment under this title for any year after the first year of
participation shall--
(1) use at least 85 percent of such allotment funds in each
such year to make subgrants--
(A) for the implementation of the State improvement
plan and of local improvement plans in accordance with
section 309(a); and
(B) to improve educator and related services
personnel preservice programs and for professional
development activities that are consistent with the
State improvement plan in accordance with section
309(b); and
(2) shall use the remainder of such allotted funds for
State activities designed to implement the State improvement
plan, such as--
(A) supporting the development or adoption of State
content and student performance standards, State
opportunity-to-learn standards, and assessment tools
linked to the standards, including activities
assisted--
(i) through consortia of States; or
(ii) with the assistance of the National
Education Standards and Improvement Council
established under part B of title II;
(B) supporting the implementation of high-
performance management and organizational strategies,
such as site-based management, shared decisionmaking,
or quality management principles, to promote effective
implementation of such plan;
(C) supporting the development and implementation,
at the local educational agency and school building
level, of improved human resource development systems
for recruiting, selecting, mentoring, supporting,
evaluating and rewarding educators;
(D) providing special attention to the needs of
minority, disabled, and female students, including
instructional programs and activities that encourage
such students in elementary and secondary schools to
aspire to enter and complete postsecondary education or
training;
(E) supporting the development, at the State or
local level, of performance-based accountability and
incentive systems for schools;
(F) outreach to parents, tribal officials,
organizations serving young children, classroom
teachers, related services personnel, and other
educators, and the public, related to education
improvement;
(G) providing technical assistance and other
services to increase the capacity of local educational
agencies and schools to develop and implement systemic
local improvement plans, implement new assessments or
systems of assessments described in the State
improvement plan developed in accordance with section
306, and develop curricula consistent with the State's
content and student performance standards;
(H) promoting mechanisms for increasing public
school choice, including information and referral
programs which provide parents information on available
choices and other initiatives to promote the
establishment of innovative new public schools,
including magnet schools and charter schools; and
(I) collecting and analyzing data.
(c) Limit on Administrative Costs.--A State educational agency that
receives an allotment under this title in any fiscal year shall use not
more than 4 percent of such allotment in such year, or $100,000,
whichever is greater, for administrative expenses, which administrative
expenses shall not include the expenses related to the activities of
the panel established under section 306(b)(1).
(d) Special Rule.--Any new public school established under this
title--
(1) shall be nonsectarian;
(2) shall not be affiliated with a nonpublic sectarian
school or religious institution; and
(3) shall operate under the authority of a State
educational agency or local educational agency.
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--(A) Each State educational agency, through
a competitive process, shall make subgrants to local
educational agencies to carry out the authorized activities
described in paragraph (4).
(B) Each subgrant described in subparagraph (A) shall be
for a project of sufficient duration and of sufficient size,
scope, and quality to carry out the purpose of this title
effectively.
(2) Application required.--Each local educational agency
desiring to receive a subgrant under this subsection shall
submit an application to the State educational agency that--
(A) is developed by a broad-based panel, appointed
by the local educational agency, that is representative
of the diversity of the students and community to be
served with regard to race, language, ethnicity,
gender, disability and socioeconomic characteristics,
and includes teachers, related services personnel,
parents, school administrators, business
representatives, early childhood educators, and others,
as appropriate, and is approved by the local
educational agency, including any modifications the
local educational agency deems appropriate;
(B) includes, in the application submitted for the
second year of participation, a comprehensive local
improvement plan for school district-wide education
improvement, directed at enabling all students to meet
the State's challenging content and student performance
standards, including specific goals and benchmarks, and
includes a strategy for--
(i) ensuring that all students have a fair
opportunity to learn;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating and maintaining parental
and community involvement; and
(v) expanding improvements throughout the
local educational agency;
(C) describes how the local educational agency will
encourage and assist schools to develop and implement
comprehensive school improvement plans that focus on
helping all students reach challenging content and
student performance standards and that address each
element of the local educational agency's local
improvement plan described in subparagraph (B);
(D) describes how the local educational agency will
implement specific programs aimed at ensuring
improvements in school readiness and the ability of
students to learn effectively at all grade levels by
identifying the most pressing needs facing students and
their families with regard to social services, health
care, nutrition, and child care, and entering into
partnerships with public and private nonprofit agencies
to increase the access of students and families to
coordinated nonsectarian services in a school setting
or at a nearby site;
(E) describes how the subgrant funds will be used
by the local educational agency, and the procedures to
be used to make funds available to schools in
accordance with paragraph (4)(A);
(F) identifies, with an explanation, any State or
Federal requirements that the local educational agency
believes impede educational improvement and that such
agency requests be waived in accordance with section
311, which requests shall promptly be transmitted to
the Secretary by the State educational agency; and
(G) contains such other information as the State
educational agency may reasonably require.
(3) Monitoring.--The panel described in paragraph (2)(A),
after approval of the local educational agency's application by
the State educational agency, shall be informed of progress on
such plan by the local educational agency, and the local
educational agency shall monitor the implementation and
effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, and parents from schools receiving
funds under this title as well as assure that implementation of
the local improvement plan does not result in a significant
increase in paperwork for teachers. The panel shall review such
plan and based on the progress described in the preceding
sentence, determine if revisions to the local improvement plan
should be recommended to the local educational agency. The
panel shall periodically report such determination to the
public.
(4) Authorized activities.--A local educational agency that
receives a subgrant under this subsection--
(A) in the first year such agency receives the
subgrant shall use--
(i) not more than 25 percent of the
subgrant funds to develop a local improvement
plan or for any local educational agency
activities approved by the State educational
agency that are reasonably related to carrying
out the State or local improvement plans; and
(ii) not less than 75 percent of the
subgrant funds to support individual school
improvement initiatives related to providing
all students in the school the opportunity to
meet challenging State content and student
performance standards; and
(B) in subsequent years, use the subgrant funds for
any activities approved by the State educational agency
that are reasonably related to carrying out the State
or local improvement plans, except that at least 85
percent of such funds shall be made available to
individual schools to develop and implement
comprehensive school improvement plans designed to help
all students meet challenging State content standards.
(b) Subgrants for Preservice Teacher Education and Professional
Development Activities.--
(1) In general.--(A) Each State educational agency, through
a competitive, peer review process, shall make subgrants to a
local educational agency or consortia of local educational
agencies, institutions of higher education, private nonprofit
organizations, or combinations thereof, in order to--
(i) improve preservice teacher and related services
personnel education programs in accordance with the
State improvement plan; and
(ii) support continuing, sustained professional
development activities for educators in accordance with
the State improvement plan.
(B) Each State educational agency awarding subgrants under
subparagraph (A) shall give priority to awarding such subgrants
to a local educational agency or consortium serving a greater
number or percentage of disadvantaged students than the
statewide average such number or percentage.
(C) In order to be eligible to receive a subgrant described
in subparagraph (A), a consortium shall include at least 1
local educational agency.
(2) Application.--A local educational agency or consortium
that desires to receive a subgrant under this subsection shall
submit an application to the State educational agency that--
(A) describes how the local educational agency or
consortium will use the subgrant to improve teacher
preservice and school administrator education programs
or to implement educator and related services personnel
professional development activities in accordance with
the State improvement plan;
(B) identifies the criteria to be used by the local
educational agency or consortium to judge improvements
in preservice education or the effects of professional
development activities in accordance with the State
improvement plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) Authorized activities.--A recipient of a subgrant under
this subsection shall use the subgrant funds for activities
supporting--
(A) the improvement of preservice teacher education
and school administrator programs so that such programs
equip educators with the subject matter and pedagogical
expertise necessary for preparing all students to meet
challenging standards; or
(B) the development and implementation of new and
improved forms of continuing and sustained professional
development opportunities for teachers, related
services personnel, principals, and other educators at
the school or school district level that equip such
individuals with such expertise, and with other
knowledge and skills necessary for leading and
participating in continuous education improvement.
(c) Special Award Rules.--
(1) In general.--(A) Each State educational agency shall
award at least 65 percent of subgrant funds under subsection
(a) in each fiscal year to local educational agencies that have
a greater percentage or number of disadvantaged children than
the statewide average percentage or number for all local
educational agencies in the State.
(B) At least 50 percent of the subgrant funds made
available by a local educational agency to individual schools
under subsection (a) in any fiscal year shall be made available
to schools with a special need for assistance, as indicated by
a high number or percentage of students from low-income
families, low student achievement, or other similar criteria
developed by the local educational agency.
(2) Waiver.--The State educational agency may waive the
requirement of paragraph (1)(A) if such agency does not receive
a sufficient number of applications from local educational
agencies in the State to enable the State educational agency to
comply with such requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
Proportionate to the number of children in a State or in a local
educational agency who are enrolled in private elementary or secondary
schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals, content
standards, curricular materials, and assessments or systems of
assessments shall, upon request, make information related to
such goals, standards, materials, and assessments or systems
available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and administrator
training shall provide in the State improvement plan described
in section 306 for the training of teachers and administrators
in private schools located in the geographical area served by
such agency.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement
applicable to any program or Act described in subsection (b)
for a State educational agency, local educational agency, or
school, upon application of a State educational agency
requesting such a waiver if--
(A) and only to the extent that, the Secretary
determines that such requirement impedes the ability of
the State, or of a local educational agency or school
in the State, to carry out the State or local
improvement plan;
(B) the State educational agency has waived, or
agrees to waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State
educational agency--
(i) provides all local educational agencies
in the State with notice and an opportunity to
comment on the State educational agency's
proposal to seek a waiver; and
(ii) submits the local educational
agencies' comments to the Secretary; and
(D) in the case of a local educational agency
waiver, the local educational agency provides parents,
community groups, and advocacy or civil rights groups
with the opportunity to comment on the proposed waiver.
(2) Timeliness.--The Secretary shall act promptly on any
request for a waiver under this section.
(3) Duration.--
(A) In general.--Each waiver under this section may
be for a period not to exceed 5 years.
(B) Extension.--The Secretary may extend the period
described in subparagraph (A) if the Secretary
determines that the waiver has been effective in
enabling the State or affected local educational
agencies to carry out their reform plans.
(b) Included Programs.--The statutory or regulatory requirements
subject to the waiver authority of this section are any such
requirements under the following programs or Acts:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, including Even Start.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act.
(4) The Emergency Immigrant Education Act of 1984.
(5) The Drug-Free Schools and Communities Act of 1986.
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive any
statutory or regulatory requirement of the programs or Acts described
in subsection (b)--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement; and
(E) the distribution of funds to States or to local
educational agencies; and
(2) unless the underlying purposes of each program or Act
for which a waiver is granted continue to be met to the
satisfaction of the Secretary.
(d) Termination of Waivers.--The Secretary shall periodically
review the performance of any State, local educational agency, or
school for which the Secretary has granted a waiver and shall terminate
the waiver if the Secretary determines that the performance of the
State, the local educational agency, or the school in the area affected
by the waiver has been inadequate to justify a continuation of the
waiver.
SEC. 312. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State educational agency
that receives an allotment under this title shall annually report to
the Secretary--
(1) on the State's progress in meeting the State's goals
and plans;
(2) on the State's proposed activities for the succeeding
year; and
(3) in summary form, on the progress of local educational
agencies in meeting local goals and plans.
(b) Secretary's Reports to Congress.--By April 30, 1996, and every
2 years thereafter, 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 describing the
activities and outcomes of--
(1) grants under paragraph (2) of section 313(b),
including--
(A) a description of the purpose, uses, and
technical merit of assessments evaluated with funds
awarded under such paragraph; and
(B) an analysis of the impact of such assessments
on the performance of students, particularly students
of different racial, gender, ethnic, or language groups
and individuals with disabilities; and
(2) allotments under this title, including a description of
the effect of waivers granted under section 311.
SEC. 313. NATIONAL LEADERSHIP.
(a) Technical Assistance and Integration of Standards.--From funds
reserved in each fiscal year under section 304(a)(2)(A), the Secretary
may, directly or through grants or contracts--
(1) provide technical assistance to States and local
educational agencies developing or implementing school
improvement plans, in a manner that ensures that each such
State has access to such assistance; or
(2) support model projects to integrate multiple voluntary
national content standards, if--
(A) such standards are certified by the National
Education Standards and Improvement Council and
approved by the National Goals Panel for different
subject areas, in order to provide balanced and
coherent instructional programs for all students; and
(B) such projects are appropriate for a wide range
of diverse circumstances, localities (including both
urban and rural communities), and populations.
(b) Innovative Programs; Assessment; Evaluation.--From funds
reserved in each fiscal year under section 304(a)(2)(A), the Secretary,
directly or through grants or contracts shall reserve not more than 50
percent of such funds--
(1) to provide urban and rural local educational agencies,
schools, or consortia thereof, with assistance for innovative
or experimental programs in systemic education reform that are
not being undertaken through grants provided under section
309(a), giving special consideration or priority to local
educational agencies, schools, or consortia thereof that serve
large numbers or concentrations of economically disadvantaged
students, including students of limited-English proficiency; or
(2) to provide a State or local educational agency,
nonprofit organization or consortium thereof with assistance to
help defray the cost of developing, field testing and
evaluating an assessment or system of assessments with a
priority on grants for limited-English proficiency students or
students with disabilities, if--
(A) such assessment or system--
(i) is to be used for some or all of the
purposes described in section 213(e)(1)(B); and
(ii) is aligned to State content standards
certified by the National Education Standards
and Improvement Council; and
(B) such agency, organization or consortium--
(i) examines the validity, reliability, and
fairness of such assessment or system, for the
particular purposes for which such assessment
or system was developed; and
(ii) devotes special attention to how such
assessment or system treats all students,
especially with regard to the race, gender,
ethnicity, disability and language proficiency
of such students.
(c) Data and Dissemination.--The Secretary shall--
(1) gather data on, conduct research on, and evaluate
systemic education improvement, including the programs
authorized by this title; and
(2) disseminate research findings and other information on
outstanding examples of systemic education improvement in
States and local communities through existing dissemination
systems within the Department of Education, including through
publications, electronic and telecommunications mediums,
conferences, and other means.
SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SECRETARY OF THE
INTERIOR.
(a) Outlying Areas.--
(1) In general.--Funds reserved for the outlying areas in
each fiscal year under section 304(a)(1)(A) shall be made
available to, and expended by, such areas, under such
conditions and in such manner as the Secretary determines will
best meet the purposes of this title.
(2) Inapplicability of public law 95-134.--The provisions
of Public Law 95-134, permitting the consolidation of grants to
the Insular Areas, shall not apply to funds received by such
areas under this title.
(b) Secretary of the Interior.--The funds reserved by the Secretary
for the Secretary of the Interior under section 304(a)(1)(B) shall be
made available to the Secretary of the Interior pursuant to an
agreement between the Secretary and the Secretary of the Interior
containing such terms and assurances, consistent with this title, as
the Secretary determines will best achieve the purpose of this title.
(c) Secretary of Defense.--The Secretary shall consult with the
Secretary of Defense to ensure that, to the extent practicable, the
purposes of this title are applied to the Department of Defense
schools.
SEC. 315. CLARIFICATION REGARDING STATE STANDARDS AND ASSESSMENTS.
Notwithstanding any other provision of this title, standards,
assessments, and systems of assessments described in a State
improvement plan submitted in accordance with section 306 shall not be
required to be certified by the Council.
TITLE IV--SCHOOLS
SEC. 401. PUBLIC SCHOOLS.
Except as provided in section 310, nothing in this Act shall be
construed to authorize the use of funds under title III of this Act to
directly or indirectly benefit any school other than a public school.
TITLE V--NATIONAL SKILL STANDARDS BOARD
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Skill Standards Act of
1993''.
SEC. 502. PURPOSE.
It is the purpose of this title to establish a National Board to
serve as a catalyst in stimulating the development and adoption of a
voluntary national system of skill standards and of assessment and
certification--
(1) that will serve as a cornerstone of the national
strategy to enhance work force skills;
(2) that will result in increased productivity, economic
growth, and American economic competitiveness; and
(3) that can be used, consistent with civil rights laws--
(A) by the Nation, to ensure the development of a
high skills, high quality, high performance work force,
including the most skilled front-line work force in the
world;
(B) by industries, as a vehicle for informing
training providers and prospective employees of skills
necessary for employment;
(C) by employers, to assist in evaluating the skill
levels of prospective employees and to assist in the
training of current employees;
(D) by labor organizations, to enhance the
employment security of workers by providing portable
credentials and skills;
(E) by workers, to--
(i) obtain certifications of their skills
to protect against dislocation;
(ii) pursue career advancement; and
(iii) enhance their ability to reenter the
work force;
(F) by students and entry level workers, to
determine the skill levels and competencies needed to
be obtained in order to compete effectively for high
wage jobs;
(G) by training providers and educators, to
determine appropriate training services to be offered
by the providers and educators;
(H) by Government, to evaluate whether publicly
funded training assists participants to meet skill
standards where such standards exist and thereby
protect the integrity of public expenditures; and
(I) to facilitate linkages between other components
of the work force investment strategy, including
school-to-work transition and job training programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill Standards
Board (hereafter referred to in this title as the ``National Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members (appointed in accordance with paragraph (3)), of whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the
National Education Standards and Improvement Council
established pursuant to section 212(a);
(E) eight members shall be representatives of
business (including representatives of small employers
and representatives of large employers) selected from
among individuals recommended by recognized national
business organizations or trade associations;
(F) eight members shall be representatives of
organized labor selected from among individuals
recommended by recognized national labor federations;
and
(G) eight members shall be representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local governments; or
(iv) nongovernmental organizations with a
demonstrated history of successfully protecting
the rights of racial, ethnic, or religious
minorities, women, persons with disabilities,
or older persons,
with at least 1 member from each group described in
clauses (i) through (iv).
(2) Special requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall, in the
aggregate, represent a broad cross-section of occupations and
industries.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be appointed by the President.
(B) Six members (two from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be appointed by the Speaker of the
House of Representatives. Of the members so appointed,
three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made by the
Majority Leader of the House of Representatives and
three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made by the
Minority Leader of the House of Representatives.
(C) Six members (two from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be appointed by the President pro
tempore of the Senate. Of the members so appointed,
three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made by the
Majority Leader of the Senate and three members (one
from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)) shall be selected
from recommendations made by the Minority Leader of the
Senate.
(4) Term.--Each member of the National Board appointed
under subparagraph (E), (F), or (G) of paragraph (1) shall be
appointed for a term of 4 years, except that of the initial
members of the Board appointed under such paragraph--
(A) twelve members shall be appointed for a term of
3 years (four from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)), of
whom--
(i) two from each such class shall be
appointed in accordance with paragraph (3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph (3)(B);
and
(iii) one from each such class shall be
appointed in accordance with paragraph (3)(C);
and
(B) twelve members shall be appointed for a term of
4 years (four from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)), of
whom--
(i) two from each such class shall be
appointed in accordance with paragraph (3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph (3)(B);
and
(iii) one from each such class shall be
appointed in accordance with paragraph (3)(C).
(5) Vacancies.--Any vacancy in the National Board shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--The National Board shall, by majority
vote, elect a Chairperson once every 2 years from among the
members of the National Board.
(2) Vice chairpersons.--The National Board shall, by
majority vote, annually elect 3 Vice Chairpersons (each
representing a different class of the classes of members
described in subparagraphs (E), (F), and (G) of subsection
(b)(1) and each of whom shall serve for a term of 1 year) from
among its members appointed under subsection (b)(3).
(d) Compensation and Expenses.--
(1) Compensation.--Members of the National Board who are
not full-time employees or officers of the Federal Government
shall serve without compensation.
(2) Expenses.--The members of the National Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57, title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the National Board.
(e) Executive Director and Staff.--
(1) Executive director.--The Chairperson of the National
Board shall appoint an Executive Director who shall be
compensated at a rate determined by the National Board not to
exceed the rate of pay for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Staff.--The Executive Director may appoint and
compensate such additional staff as may be necessary to enable
the Board to perform its duties. The Executive Director may fix
the compensation of the staff without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
staff may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(f) Gifts.--The National Board is authorized, in carrying out this
title, to accept and employ or dispose of in furtherance of the
purposes of this title, any money or property, real, personal, or
mixed, tangible or intangible, received by gift, devise, bequest, or
otherwise, and to accept voluntary and uncompensated services
notwithstanding the provisions of section 1342 of title 31, United
States Code.
(g) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services and facilities of any agency or
instrumentality of the United States with the consent of such
agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any Federal agency of the United
States may detail to the National Board, on a reimbursable
basis, any of the personnel of such Federal agency to assist
the National Board in carrying out this title. Such detail
shall be without interruption or loss of civil service status
or privilege.
(h) Procurement of Temporary and Intermittent Services.--The
Chairperson of the National Board may procure temporary and
intermittent services of experts and consultants under section 3109(b)
of title 5, United States Code.
(i) Termination of the Commission.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to
the termination of the National Board.
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupations.--The National Board, after
extensive public consultation, shall identify broad clusters of major
occupations that involve one or more than one industry in the United
States.
(b) Endorsement of Skill Standards Systems.--
(1) In general.--The National Board, after public review
and comment, shall endorse skill standards systems relating to
the occupational clusters identified pursuant to subsection (a)
that--
(A) meet the requirements of paragraph (2);
(B) are submitted by entities that meet the
requirements of subsection (c); and
(C) meet additional objective criteria that are
published by the National Board.
(2) Components of system.--The skill standards systems
endorsed pursuant to paragraph (1) shall have one or more of
the following components:
(A) Voluntary skill standards, which at a minimum--
(i) take into account, to the extent
practicable, standards used in other countries
and international standards;
(ii) take into account content and
performance standards certified pursuant to
section 213;
(iii) take into account the requirements of
high performance work organizations;
(iv) are in a form that allows for regular
updating to take into account advances in
technology or other developments within the
occupational cluster;
(v) are formulated in such a manner that
the attainment of such standards is likely to
meet the requirements for transferable credit
and enable a student, trainee, or employee to
continue education and training, with a special
emphasis on transferability among firms and
labor markets; and
(vi) are not discriminatory with respect to
race, color, religion, sex, national origin,
ethnicity, age, or disability.
(B) A voluntary system of assessment and
certification of the attainment of skill standards
developed pursuant to subparagraph (A), which at a
minimum--
(i) takes into account, to the extent
practicable, methods of assessment and
certification used in other countries;
(ii) utilizes a variety of evaluation
techniques, including, where appropriate, oral
and written evaluations, portfolio assessments,
and performance tests; and
(iii) includes methods for establishing the
validity and reliability of the assessment and
certification system for the intended purposes
of the system.
(C) A system to disseminate information relating to
the skill standards, and the assessment and
certification systems, developed pursuant to this
paragraph (including dissemination of information
relating to civil rights laws relevant to the use of
such standards and systems) to, and to promote use of
such standards and systems by, entities such as
institutions of higher education offering professional
and technical education, labor organizations, trade and
technical associations, and employers providing
formalized training, and other organizations likely to
benefit from such standards and systems.
(D) A system to evaluate the implementation and
effectiveness of the skill standards, the assessment
and certification systems, and the information
dissemination systems, developed pursuant to this
paragraph.
(E) A system to periodically revise and update the
skill standards, and the assessment and certification
systems, developed pursuant to this paragraph, which
will take into account changes in standards in other
countries.
(c) Establishment of Voluntary Partnerships To Develop Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board shall
encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in accordance
with subsection (b).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A)(i) representatives of business (including
representatives of large employers and representatives
of small employers) who have expertise in the area of
work force skill requirements, and who are recommended
by national business organizations or trade
associations representing employers in the occupation
or industry for which a standard is being developed;
and
(ii) representatives of trade associations that
have received grants from the Department of Labor or
the Department of Education to establish skill
standards prior to the date of enactment of this title;
(B) employee representatives who--
(i) have expertise in the area of work
force skill requirements; and
(ii) shall be--
(I) individuals recommended by
recognized national labor organizations
representing employees in the
occupation or industry for which a
standard is being developed; and
(II) such individuals who are
nonmanagerial employees with
significant experience and tenure in
such occupation or industry as are
appropriate given the nature and
structure of employment in the
occupation or industry; and
(C) representatives of--
(i) educational institutions;
(ii) technical associations;
(iii) community-based organizations;
(iv) State and local agencies with
administrative control or direction over
education or over employment and training;
(v) other policy development organizations
with expertise in the area of work force skill
requirements; or
(vi) nongovernmental organizations with a
demonstrated history of successfully protecting
the rights of racial, ethnic, or religious
minorities, women, persons with disabilities,
or older persons.
(3) Experts.--The partnerships described in paragraph (2)
may also include other individuals who are independent,
qualified experts in their fields.
(d) Limitations.--
(1) Relationship with apprenticeship standards in
construction industry.--The National Board may not carry out
the requirements of subsection (b) or (c) with respect to any
occupation or trade within the construction industry for which
recognized apprenticeship standards have been jointly developed
by labor and management representatives and are being actively
used for training workers in such occupation or trade, unless
labor and management representatives of such occupation or
trade and representatives of certified apprenticeship programs
within such occupation or trade jointly request the assistance
of the National Board.
(2) Relationship with civil rights laws.--
(A) In general.--Nothing in this title shall be
construed to modify or affect any Federal or State law
prohibiting discrimination on the basis of race, color,
religion, sex, national origin, ethnicity, age, or
disability.
(B) Evidence.--The endorsement by the Board of a
skill standard, or assessment and certification system,
under subsection (b) may not be used in any action or
proceeding to establish that the skill standard or
assessment and certification system conforms to the
requirements of civil rights laws.
(e) Coordination.--The National Board shall establish cooperative
arrangements with the National Education Standards and Improvement
Council to promote the coordination of the development of skill
standards under this section with the development of content and
performance standards in accordance with section 213.
(f) Additional Duties.--In order to support the activities
described in subsections (b) and (c), the National Board shall--
(1) conduct work force research relating to skill standards
and make the results of such research available to the public,
including the partnerships described in subsection (c);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), and among
education and training providers;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials, for attaining the skill standards developed
pursuant to subsection (b), that provide for structured work
experiences and related study programs leading to progressive
levels of professional and technical certification;
(6) provide appropriate technical assistance to
individuals, and entities, involved in the development of
standards and systems described in subsection (b); and
(7) develop long-term strategic plans relating to the
development and utilization of skill standards.
(g) Financial Assistance.--
(1) In general.--From funds appropriated pursuant to
section 507, the Secretary of Labor may award grants (including
grants to voluntary partnerships in accordance with paragraph
(2)), and enter into contracts and cooperative arrangements,
that are requested by the National Board for the purposes of
carrying out this title.
(2) Grant programs for voluntary partnerships.--
(A) Eligibility and application.--Voluntary
partnerships that meet the requirements of subsection
(c) shall be eligible to apply for a grant under this
subsection. Each such voluntary partnership desiring a
grant shall submit an application to the National Board
at such time, in such manner, and accompanied by such
information as the National Board may reasonably
require.
(B) Approval criteria.--Prior to each of the fiscal
years 1994 through 1998, the National Board shall
publish objective criteria for the approval of grant
applications submitted pursuant to subparagraph (A).
(3) Limitation on use of funds.--
(A) In general.--Not more than 20 percent of the
funds appropriated under section 507(a) for each fiscal
year shall be used by the National Board for the costs
of administration.
(B) Definition.--For purposes of this paragraph,
the term ``costs of administration'' means costs
relating to staff, supplies, equipment, space, and
travel and per diem, costs of conducting meetings and
conferences, and other related costs.
SEC. 505. DEADLINES.
Not later than December 31, 1996, the National Board shall--
(1) identify occupational clusters pursuant to section
504(a) representing a substantial portion of the work force;
and
(2) promote the development of an initial set of skill
standards in accordance with section 504(b) for such clusters.
SEC. 506. REPORTS.
The National Board shall prepare and submit to the President and
the Congress in each of the fiscal years 1994 through 1998, a report on
the activities conducted under this title. Such report shall include
information on the extent to which skill standards have been adopted by
employers, training providers, and other entities, and on the
effectiveness of such standards in accomplishing the purposes described
in section 502.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $15,000,000 for fiscal year 1994 and such sums as may be
necessary for each of fiscal years 1995 through 1998.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available until expended.
SEC. 508. DEFINITIONS.
As used in this title:
(1) Community-based organizations.--The term ``community-
based organizations'' has the meaning given the term in section
4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)).
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and an
institution of higher education.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(4) Skill standard.--The term ``skill standard'' means the
level of knowledge and competence required to successfully
perform work-related functions within an occupational cluster.
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