[Journal of the House of Representatives, 1994]
[Thursday, March 24, 1994 (30), Para 30.21 Roll No. 94]
[Pages 478-586]
[From the U.S. Government Publishing Office, www.gpo.gov]
Para. 30.21 [Roll No. 94]
AYES--173
Allard
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Ballenger
Barrett (NE)
Bartlett
Bateman
Bentley
Bereuter
Bilirakis
Bliley
Blute
Boehner
Bonilla
Bunning
Burton
Buyer
Callahan
Calvert
Camp
Canady
Castle
Clinger
Coble
Collins (GA)
Combest
Cox
Crane
Crapo
Cunningham
Deal
DeLay
Diaz-Balart
Dickey
Doolittle
Dornan
Dreier
Duncan
Dunn
Ehlers
Emerson
Everett
Ewing
Fawell
Fields (TX)
Fish
Fowler
Franks (CT)
Franks (NJ)
Gekas
Gilchrest
Gillmor
Gingrich
Goodlatte
Goodling
Goss
Grams
Greenwood
Gunderson
Hall (TX)
Hancock
Hansen
Hastert
Hefley
Herger
Hobson
Hoekstra
Hoke
Houghton
Huffington
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Istook
Johnson (CT)
Johnson, Sam
Kasich
Kim
King
Kingston
Klug
Knollenberg
Kolbe
Kyl
Lazio
Levy
Lewis (CA)
Lightfoot
Linder
Lipinski
Livingston
Machtley
Manzullo
McCandless
McCollum
McCrery
McDade
McHugh
McInnis
McKeon
Meyers
Mica
Michel
Miller (FL)
Molinari
Moorhead
Myers
Nussle
Oxley
Packard
Parker
Paxon
Penny
Petri
Pombo
Porter
Portman
Pryce (OH)
Quillen
Quinn
Ramstad
Ravenel
Regula
Ridge
Roberts
Rogers
Rohrabacher
Ros-Lehtinen
Roth
Roukema
Royce
Santorum
Sarpalius
Saxton
Schaefer
Schiff
Sensenbrenner
Shaw
Shays
Shuster
Skeen
Smith (MI)
Smith (NJ)
Smith (OR)
Snowe
Solomon
Spence
Stearns
Stump
Sundquist
Talent
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Torkildsen
Upton
Vucanovich
Walker
Walsh
Weldon
Wolf
Young (AK)
Young (FL)
Zeliff
Zimmer
NOES--245
Abercrombie
Ackerman
Andrews (ME)
Andrews (NJ)
Andrews (TX)
Applegate
Bacchus (FL)
Baesler
Barca
Barcia
Barlow
Barrett (WI)
Becerra
Beilenson
Berman
Bevill
Bilbray
Bishop
Blackwell
Boehlert
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Cantwell
Carr
Chapman
Clay
Clayton
Clement
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Danner
Darden
de la Garza
de Lugo (VI)
DeFazio
DeLauro
Dellums
Deutsch
Dicks
Dingell
Dixon
Dooley
Durbin
Edwards (CA)
Edwards (TX)
Engel
English
Eshoo
Evans
Faleomavaega (AS)
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Flake
Foglietta
Ford (MI)
Frank (MA)
Frost
Furse
Gejdenson
Gephardt
Geren
Gibbons
Gilman
Glickman
Gonzalez
Gordon
Green
Gutierrez
Hall (OH)
Hamburg
Hamilton
Harman
Hastings
Hayes
Hefner
Hilliard
Hinchey
Hoagland
Hochbrueckner
Holden
Horn
Hoyer
Hughes
Inslee
Jacobs
Jefferson
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnston
Kanjorski
Kaptur
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Kreidler
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lehman
Levin
Lewis (GA)
Lloyd
Long
Lowey
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCloskey
McCurdy
McDermott
McHale
McKinney
McNulty
Meehan
Meek
Menendez
Mfume
Miller (CA)
Mineta
Minge
Mink
Moakley
Mollohan
Montgomery
Moran
Morella
Murphy
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Oberstar
Obey
Olver
Ortiz
Orton
Owens
Pallone
Pastor
Payne (NJ)
Payne (VA)
Pelosi
Peterson (FL)
Peterson (MN)
Pickett
Pomeroy
Poshard
Price (NC)
Rahall
Reed
Reynolds
Richardson
Roemer
Romero-Barcelo (PR)
Rose
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Sawyer
Schenk
Schroeder
Schumer
Scott
Serrano
Sharp
Shepherd
Sisisky
Skaggs
Skelton
Slattery
Slaughter
Smith (IA)
Spratt
Stark
Stenholm
Stokes
Strickland
Studds
Stupak
Swett
Swift
Synar
Tanner
Tejeda
Thompson
Thornton
Thurman
Torres
Towns
Traficant
Tucker
Underwood (GU)
Unsoeld
Valentine
Velazquez
Vento
Visclosky
Volkmer
Waters
Watt
Waxman
Wheat
Williams
Wilson
Wise
Woolsey
Wyden
Wynn
Yates
NOT VOTING--20
Barton
Cardin
Derrick
Ford (TN)
Gallegly
Gallo
Grandy
Kopetski
LaFalce
Leach
Lewis (FL)
McMillan
Natcher
Pickle
Rangel
Rostenkowski
Smith (TX)
Torricelli
Washington
Whitten
So the amendment in the nature of a substitute was not agreed to.
After some futher time spent therein,
The SPEAKER pro tempore, Mr. HUGHES, assumed the Chair.
When Mr. PRICE, Chairman, pursuant to House Resolution 366, reported
the bill back to the House with an amendment adopted by the Committee.
[[Page 479]]
The previous question having been ordered by said resolution.
Mr. WILSON demanded a separate vote on the amendment on beginning on
page 735 (the Armey amendments, as modified).
The question being put, viva voce,
Will the House agree to the following amendments, as modified, on
which a separate vote had been demanded?
On page 735, line 6, insert ``institutional'' after
``nonprofit''.
On page 737, line 13, insert ``institutional'' after
``nonprofit''.
On page 762, line 9, insert the following new section and
redesignate subsequent sections accordingly:
``SEC. 9508 GENERAL PROVISION REGARDING NON-RECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any federal control over any aspect
of any private, religious, or home school, whether or not a
home school is treated as a private school or home school
under state law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under the Act.''.
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
Mr. WILSON demanded that the vote be taken by a recorded vote, which
demand was not supported by one-fifth of a quorum, so a recorded vote
was refused.
So the amendments, as modified, were agreed to.
The following amendment, as amended, was then agreed to:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Improving
America's Schools Act of 1994''.
(b) Table of Contents.--
Sec. 1. Short title.
Sec. 2. Effective dates; transition.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
Sec. 101. Amendments to the Elementary and Secondary Education Act of
1965.
``Sec. 1. Short title.
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``Sec. 1001. Declaration of policy and statement of purpose.
``Sec. 1002. Authorization of appropriations.
``Part A--Basic Programs Operated by Local Educational Agencies
``SUBPART 1--BASIC PROGRAM REQUIREMENTS
``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1115A. School choice.
``Sec. 1116. Assessment and school and local educational agency
improvement.
``Sec. 1117. State assistance for school support and improvement.
``Sec. 1118. Parental involvement.
``Sec. 1119. Professional development.
``Sec. 1120. Participation of children enrolled in private schools.
``Sec. 1121. Fiscal requirements.
``SUBPART 2--ALLOCATIONS
``Sec. 1122. Grants for the outlying areas and the Secretary of the
Interior.
``Sec. 1123. Allocations to States.
``Sec. 1124. Basic grants to local educational agencies.
``Sec. 1124A. Concentration grants to local educational agencies.
``Sec. 1125. Targeted grants to local educational agencies.
``Sec. 1126. Special allocation procedures.
``Sec. 1127. Carryover and waiver.
``Part B--Even Start Family Literacy Programs
``Sec. 1201. Statement of purpose.
``Sec. 1202. Program authorized.
``Sec. 1203. State programs.
``Sec. 1204. Uses of funds.
``Sec. 1205. Program elements.
``Sec. 1206. Eligible participants.
``Sec. 1207. Applications.
``Sec. 1208. Award of subgrants.
``Sec. 1209. Evaluation.
``Part C--Education of Migratory Children
``Sec. 1301. Program purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State allocations.
``Sec. 1304. State applications; services.
``Sec. 1305. Secretarial approval; peer review.
``Sec. 1306. Comprehensive needs assessment and service-delivery plan;
authorized activities.
``Sec. 1307. Bypass.
``Sec. 1308. Coordination of migrant education activities.
``Sec. 1309. Distance learning.
``Sec. 1310. Definitions.
``Part D--Prevention and Intervention Services for Delinquent Youth and
Youth at Risk of Dropping Out
``Sec. 1401. Findings; purpose; program authorized.
``Sec. 1402. Payments for programs under this part.
``SUBPART 1--STATE AGENCY PROGRAMS
``Sec. 1403. Amount of allocation to State.
``Sec. 1404. State plan.
``Sec. 1405. Use of funds.
``Sec. 1406. Institution-wide projects.
``Sec. 1407. Three-year projects.
``Sec. 1408. Transition services.
``SUBPART 2--LOCAL AGENCY PROGRAMS
``Sec. 1410. Programs operated by local educational agencies.
``Sec. 1411. Program evaluations.
``Sec. 1412. Definitions.
``Part E--Federal Evaluations, Demonstrations, and Transition Projects
``Sec. 1501. Evaluations.
``Sec. 1502. Demonstrations of innovative practices.
``Sec. 1503. Innovative elementary school transition projects.
``Part F--General Provisions
``Sec. 1601. Federal regulations.
``Sec. 1602. Coordination of Federal, State, and local administration.
``Sec. 1603. State administration.
``TITLE II--IMPROVING TEACHING AND LEARNING
``Part A--Dwight D. Eisenhower Professional Development Program
``Sec. 2101. Findings.
``Sec. 2102. Purposes.
``Sec. 2103. Authorization of appropriations; allocation between
subparts.
``SUBPART 1--FEDERAL ACTIVITIES
``Sec. 2111. Program authorized.
``Sec. 2112. Authorized activities.
``SUBPART 2--STATE AND LOCAL ACTIVITIES
``Sec. 2121. Program authorized.
``Sec. 2122. Allocation of funds.
``Sec. 2123. Within-State allocations.
``Sec. 2124. State applications.
``Sec. 2125. State-level activities.
``Sec. 2126. Local plan and application for improving teaching and
learning.
``Sec. 2127. Local cost sharing.
``Sec. 2128. Local allocation of funds and allowable activities.
``Sec. 2129. Higher education activities.
``SUBPART 3--GENERAL PROVISIONS
``Sec. 2131. Reporting and accountability.
``Sec. 2132. Definitions.
``Part B--Technology Education Assistance
``SUBPART 1--ASSISTANCE TO STATE AND LOCAL EDUCATIONAL AGENCIES
``Sec. 2201. Short title.
``Sec. 2202. Findings.
``Sec. 2203. Statement of purpose.
``Sec. 2204. Definitions.
``Sec. 2205. In-State apportionment.
``Sec. 2206. Elementary and secondary education programs.
``Sec. 2207. Higher education programs.
``Sec. 2208. Library and literacy programs.
``Sec. 2209. State educational technology plan.
``Sec. 2210. Local educational technology plan.
``Sec. 2211. Federal administration.
``Sec. 2212. Allocation of funds.
``Sec. 2213. Authorization of appropriations.
``SUBPART 2--RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF EDUCATIONAL
TECHNOLOGY
``Sec. 2214. Findings and purposes.
``Sec. 2215. Office of Educational Technology.
``Sec. 2216. National long-range plan.
``Sec. 2217. Federal leadership.
``Sec. 2218. Authorization of appropriations.
``SUBPART 3--STAR SCHOOLS PROGRAM
``Sec. 2219. Findings.
``Sec. 2220. Statement of purpose.
``Sec. 2221. Program authorized.
``Sec. 2222. Eligible entities.
``Sec. 2223. Applications.
``Sec. 2224. Leadership and evaluation activities.
``Sec. 2225. Definitions.
``SUBPART 4--DEVELOPMENT OF EDUCATIONAL TECHNOLOGY PRODUCTS
``Sec. 2226. Educational technology product development.
``Part C--Library Media Program
``Sec. 2231. Establishment of program.
``Sec. 2232. Allocation to States.
``Sec. 2233. State plans.
``Sec. 2234. Distribution of allocation to local educational agencies.
``Sec. 2235. Authorization of appropriations.
``Part D--Support and Assistance for ESEA Programs
``Sec. 2341. Findings.
``Sec. 2342. Purpose.
``Sec. 2343. Programs authorized.
``Sec. 2344. Requirements of comprehensive assistance centers.
``Sec. 2345. Duties of comprehensive assistance centers.
``Sec. 2346. Service and application requirements..
``Sec. 2347. State-based activities.
``Sec. 2348. Program priorities.
``Sec. 2349. Technology-based technical assistance.
``Sec. 2350. Administration.
``Sec. 2351. Authorization of appropriations.
[[Page 480]]
``Part E--Innovative Education Program Strategies
``Sec. 2401. Findings and statement of purpose.
``Sec. 2402. Authorization of appropriations; duration of assistance.
``Sec. 2403. Definition.
``SUBPART 1--STATE AND LOCAL PROGRAMS
``Sec. 2411. Allotment to States.
``Sec. 2412. Allocation to local educational agencies.
``SUBPART 2--STATE PROGRAMS
``Sec. 2421. State uses of funds.
``Sec. 2423. State applications.
``SUBPART 3--LOCAL TARGETED ASSISTANCE PROGRAMS
``Sec. 2431. Targeted use of funds.
``Sec. 2432. Administrative authority.
``Sec. 2433. Local applications.
``Subpart 4--General Administrative Provisions
``Sec. 2441. Maintenance of effort; Federal funds supplementary.
``Sec. 2442. Participation of children enrolled in private schools.
``Sec. 2443. Evaluations and reporting.
``Sec. 2444. Federal administration.
``Sec. 2445. Application of General Education Provisions Act.
``Part F--21st Century Community Learning Centers
``Sec. 2451. Findings.
``Sec. 2452. Program authorization and distribution.
``Sec. 2453. Uses of funds.
``Sec. 2454. Award of grants.
``Sec. 2455. Definitions.
``Sec. 2456. Authorization of appropriations.
``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING
``Part A--Fund for the Improvement of Education
``Sec. 3201. Fund for the improvement of education.
``Part B--Gifted and Talented Children
``Sec. 3301. Short title.
``Sec. 3302. Findings and purposes.
``Sec. 3303. Definitions.
``Sec. 3304. Authorized programs.
``Sec. 3305. Program priorities.
``Sec. 3306. General provisions.
``Sec. 3307. Administration.
``Sec. 3308. Authorization of appropriations.
``Part C--Public Charter Schools
``Sec. 3401. Purpose.
``Sec. 3402. Program authorized.
``Sec. 3403. Applications.
``Sec. 3404. Selection of grantees; waivers.
``Sec. 3405. Uses of funds.
``Sec. 3406. National activities.
``Sec. 3407. Definitions.
``Sec. 3408. Authorization of appropriations.
``Part D--Arts in Education
``SUBPART 1--SUPPORT FOR ARTS EDUCATION
``Sec. 3501. Support for arts education.
``SUBPART 2--COMMUNITY ARTS
``Sec. 3502. Short title.
``Part E--Inexpensive Book Distribution Program
``Sec. 3601. Inexpensive book distribution program for reading
motivation.
``Part F--Civic Education
``Sec. 3701. Instruction on the history and principles of democracy in
the United States.
``Sec. 3702. Instruction in civics, government, and the law.
``Sec. 3703. Report; authorization of appropriations.
``Part G--Native Hawaiian Education
``Sec. 3801. Short title.
``Sec. 3802. Findings.
``Sec. 3803. Purpose.
``Sec. 3804. Native Hawaiian Education Council.
``Sec. 3805. Native Hawaiian Language Immersion Project.
``Sec. 3806. Native Hawaiian family-based education centers.
``Sec. 3807. Native Hawaiian Higher Education Demonstration Program.
``Sec. 3808. Native Hawaiian Gifted and Talented Demonstration Program.
``Sec. 3809. Native Hawaiian Special Education Program.
``Sec. 3810. Administrative provisions.
``Sec. 3811. Definitions.
``Part H--Allen J. Ellender Fellowship Program
``Sec. 3901. Findings.
``SUBPART 1--PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS
``Sec. 3911. Establishment.
``Sec. 3912. Applications.
``SUBPART 2--PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS
``Sec. 3915. Establishment.
``Sec. 3916. Applications.
``SUBPART 3--PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT
PARENTS AND OLDER AMERICANS
``Sec. 3921. Establishment.
``Sec. 3922. Applications.
``SUBPART 4--GENERAL PROVISIONS
``Sec. 3925. Administrative provisions.
``Sec. 3926. Authorization of appropriations.
``Part I--Territorial Education Improvement Program
``Sec. 3931. Findings and purposes.
``Sec. 3932. Grant authorization.
``Sec. 3933. Restrictions.
``Sec. 3934. Authorization.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``Sec. 4001. Short title.
``Sec. 4002. Findings.
``Sec. 4003. Purpose.
``Sec. 4004. Funding.
``Part A--State Grants for Drug and Violence Prevention Programs
``Sec. 4101. Reservations and allotments.
``Sec. 4102. State applications.
``Sec. 4103. State and local educational agency programs.
``Sec. 4103A. Governor's programs.
``Sec. 4104. Local applications.
``Sec. 4105. Local drug and violence prevention programs.
``Sec. 4106. Evaluation and reporting.
``Part B--National Programs
``Sec. 4201. Federal activities.
``Sec. 4202. Programs for Native Hawaiians.
``Sec. 4203. Hate crime prevention.
``Part C--General Provisions
``Sec. 4301. Definitions.
``Sec. 4302. Materials.
``Sec. 4303. Prohibited uses of funds.
``Sec. 4304. Certification of drug and alcohol abuse prevention
programs.
``TITLE V--PROMOTING EQUITY
``Part A--Magnet Schools Assistance
``Sec. 5101. Findings.
``Sec. 5102. Statement of purpose.
``Sec. 5103. Program authorized.
``Sec. 5104. Definition.
``Sec. 5105. Eligibility.
``Sec. 5106. Applications and requirements.
``Sec. 5107. Priority.
``Sec. 5108. Use of funds.
``Sec. 5109. Prohibitions.
``Sec. 5110. Limitation on payments.
``Sec. 5111. Authorization of appropriations; reservation.
``Part B--Women's Educational Equity Act
``Sec. 5201. Findings and statement of purpose.
``Sec. 5202. Programs authorized.
``Sec. 5203. Local implementation grants.
``Sec. 5204. Research and development grants.
``Sec. 5205. Authorization of appropriations.
``TITLE VI--INDIAN EDUCATION
``Sec. 6001. Findings.
``Sec. 6002. Purpose.
``Part A--Formula Grants to Local Educational Agencies
``Sec. 6101. Purpose.
``Sec. 6102. Grants to local educational agencies.
``Sec. 6103. Amount of grants.
``Sec. 6104. Applications.
``Sec. 6105. Authorized services and activities.
``Sec. 6106. Student eligibility forms.
``Sec. 6107. Payments.
``Part B--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
``Sec. 6201. Improvement of educational opportunities for Indian
children.
``Sec. 6202. Professional development.
``Sec. 6203. Fellowships for Indian students.
``Sec. 6204. Gifted and talented.
``Part C--Special Programs Relating to Adult Education for Indians
``Sec. 6301. Improvement of educational opportunities for adult
Indians.
``Part D--National Activities and Grants to States
``Sec. 6401. National activities.
``Sec. 6402. State educational agency review.
``Part E--Federal Administration
``Sec. 6501. Office of Indian education.
``Sec. 6502. National Advisory Council on Indian Education.
``Sec. 6503. Peer review.
``Sec. 6504. Preference for Indian applicants.
``Sec. 6505. Minimum grant criteria.
``Part F--Definitions; Authorizations of Appropriations
``Sec. 6601. Definitions.
``Sec. 6602. Authorizations of appropriations.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``Sec. 7001. Short title.
``Sec. 7002. Findings, policy, and purpose.
``Sec. 7003. Authorization of appropriations.
``Sec. 7004. Definitions; regulations.
``Sec. 7005. Indian and Alaskan Native children in schools.
``Sec. 7006. Residents of the territories and freely associated
nations.
``Part A--Bilingual Education Capacity and Demonstration Grants
``Sec. 7101. Purpose of grants.
``Sec. 7102. Program development and implementation grants.
``Sec. 7103. Program enhancement projects.
``Sec. 7104. Whole-school programs.
``Sec. 7105. System-wide improvement grants.
``Sec. 7106. Applications.
[[Page 481]]
``Sec. 7107. Intensified instruction.
``Sec. 7108. Capacity building.
``Sec. 7109. Subgrants.
``Sec. 7110. Geographic distribution of funds.
``Sec. 7111. Programs in Puerto Rico.
``Sec. 7112. Evaluations.
``Part B--Research and Dissemination
``Sec. 7201. Use of funds.
``Sec. 7202. Research.
``Sec. 7203. Academic excellence awards.
``Sec. 7204. State grant program.
``Sec. 7205. National Clearinghouse for Bilingual Education.
``Sec. 7206. Instructional materials development.
``Sec. 7207. Evaluation Assistance Centers and Multifunctional Resource
Centers.
``Part C--Bilingual Education Teacher Training
``Sec. 7301. Purpose.
``Sec. 7302. Training for all teachers program.
``Sec. 7303. Bilingual education teachers and personnel grants.
``Sec. 7304. Bilingual education career ladder program.
``Sec. 7305. Graduate fellowships in bilingual education program.
``Sec. 7306. Applications.
``Sec. 7307. Program requirements.
``Sec. 7308. Stipends.
``Sec. 7309. Program evaluations under part C.
``Part D--Administration
``Sec. 7401. Office of Bilingual Education and Minority Language
Affairs.
``Sec. 7402. Release time.
``Sec. 7403. Education technology.
``Sec. 7404. Notification.
``Sec. 7405. Continued eligibility.
``Sec. 7406. Limitation of authority.
``Part E--Transition
``Sec. 7501. Transition provisions.
``Part F--Emergency Immigrant Education Program
``Sec. 7601. Purpose.
``Sec. 7602. State administrative costs.
``Sec. 7603. Withholding.
``Sec. 7604. State allocations.
``Sec. 7605. State applications.
``Sec. 7606. Payments.
``Sec. 7607. Uses of funds.
``Sec. 7608. Reports.
``Sec. 7609. Authorization of appropriations.
``TITLE VIII--IMPACT AID
``Sec. 8001. Findings.
``Sec. 8002. Purpose.
``Sec. 8003. Payments relating to Federal acquisition of real property.
``Sec. 8004. Payments for eligible federally-connected children.
``Sec. 8005. Policies and procedures relating to children residing on
Indian lands.
``Sec. 8006. Application for payments under sections 8003 and 8004.
``Sec. 8007. Payments for sudden and substantial increases in
attendance of military dependents.
``Sec. 8008. Facilities.
``Sec. 8009. State consideration of payments in providing State aid.
``Sec. 8010. Federal administration.
``Sec. 8011. Administrative hearings and judicial review.
``Sec. 8012. Definitions.
``Sec. 8013. Authorization of appropriations.
``TITLE IX--GENERAL PROVISIONS
``Part A--Definitions
``Sec. 9101. Definitions.
``Sec. 9102. Applicability of this title.
``Sec. 9103. References in other Acts.
``Sec. 9104. Applicability to Bureau of Indian Affairs operated
schools.
``Part B--Flexibility in the Use of Administrative and Other Funds
``Sec. 9201. Consolidation of State administrative funds for elementary
and secondary education programs.
``Sec. 9202. Single local educational agency States.
``Sec. 9203. Consolidation of funds for local administration.
``Sec. 9204. Administrative funds study.
``Sec. 9205. Consolidated set-aside for Department of the Interior
funds.
``Sec. 9206. Availability of unneeded program funds.
``Part C--Coordination of Programs; Consolidated State and Local
Applications
``Sec. 9301. Purpose.
``Sec. 9302. Optional consolidated State application.
``Sec. 9303. General applicability of State educational agency
assurances.
``Sec. 9304. Consolidated local applications.
``Sec. 9305. Other general assurances.
``Part D--Waivers
``Sec. 9401. Waivers of statutory and regulatory requirements.
``Part E--Uniform Provisions
``Sec. 9501. Maintenance of effort.
``Sec. 9502. Prohibition regarding State aid.
``Sec. 9503. Participation by private school children and teachers.
``Sec. 9504. Standards for by-pass.
``Sec. 9505. Complaint process for participation of private school
children.
``Sec. 9506. By-pass determination process.
``Sec. 9507. Prohibition against funds for religious worship or
instruction.
``Sec. 9508. Applicability to home schools.
``Sec. 9509. General provision regarding nonrecipient nonpublic
schools.
``Sec. 9510. Compliance with Buy American Act.
``Sec. 9511. Sense of Congress; requirement regarding notice.
``Sec. 9512. Prohibition of contracts.
``Sec. 9513. Prohibition against funds for protected prayer.
``Sec. 9514. Sex education.
``Sec. 9515. Prohibition against funds for homosexual support.
``Sec. 9516. Nonsmoking policy.
``Part F--Gun Possession
``Sec. 9601. Policy for gun possession.
``Sec. 9602. Ethical principles.
``Part G--Custodial Services
``Sec. 9701. Compensation of custodians.
``Part H--Sense of the Congress To Increase the Total Share of Federal
Spending on Education
``TITLE X--COORDINATED SERVICES PROJECTS
``Sec. 10001. Findings and purpose.
``Sec. 10002. Definitions.
``Sec. 10003. Project development and implementation.
``Sec. 10004. Uses of funds.
``Sec. 10005. Continuing authority.
``Sec. 10006. Federal agency coordination.
``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT
``Sec. 11001. Findings.
``Sec. 11002. Purpose.
``Sec. 11003. Federal assistance in the form of loans.
``Sec. 11004. General provisions.
``Sec. 11005. Definitions.
``Sec. 11006. Authorization.
``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE
``Part A--Urban Education Demonstration Grants
``Sec. 12000. Authorization of appropriations.
``Sec. 12001. Findings.
``Sec. 12002. Statement of purpose.
``Sec. 12003. Urban education demonstration grants.
``Sec. 12004. Research and evaluation grants.
``Sec. 12005. Use of funds.
``Sec. 12006. Augustus F. Hawkins National Commission on Urban
Education.
``Sec. 12007. Evaluation.
``Part B--Rural Education Demonstration Grants
``Sec. 12101. Findings.
``Sec. 12102. Statement of purpose.
``Sec. 12103. Rural school grants.
``Sec. 12104. Higher education grants.
``Sec. 12105. National Commission on Rural Education.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
Part A--Applicability of the General Education Provisions Act
Sec. 211. Title; applicability; definitions.
Sec. 212. Repeal and redesignation.
Part B--The Department of Education
Sec. 221. New heading for part A.
``Part A--Functions of the Department of Education''
Sec. 222. Office of non-public education.
Sec. 223. General authority of the Secretary.
Sec. 224. Coordination.
Part C--Appropriations and Evaluations
Sec. 230. Forward funding.
Sec. 231. Availability of appropriations.
Sec. 232. Contingent extension of programs.
Sec. 233. State reports.
Sec. 234. Biennial evaluation report.
Sec. 235. Technical amendment.
Sec. 236. Coordination.
Part D--Administration of Education Programs
Sec. 241. Joint funding of programs.
Sec. 242. Collection and dissemination of information.
Sec. 243. Review of applications.
Sec. 244. Technical amendment.
Sec. 245. Use of funds withheld.
Sec. 246. Applications.
Sec. 247. Regulations.
Sec. 248. Records; reduction in retention requirements.
Sec. 249. Release of records.
Sec. 250. Protection of pupil rights.
Sec. 251. Enforcement.
Sec. 252. Technical amendments.
Sec. 253. Equity for students, teachers, and other program
beneficiaries.
Sec. 254. Disclosure requirements.
Part E--Related Amendments to Other Acts
Sec. 261. Department of Education Organization Act.
TITLE III--AMENDMENTS TO OTHER ACTS
Part A--Amendments to the Individuals With Disabilities Education Act
Sec. 311. Allocations under section 611 of the IDEA.
Sec. 312. Treatment of chapter 1 State agencies.
Sec. 313. Infants and toddlers with disabilities.
[[Page 482]]
Part B--Education for Homeless Children and Youth
Sec. 320. Amendments to table of contents.
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
Sec. 321. Statement of policy.
Sec. 322. Education for homeless children and youth.
Part C--Impact Aid Statutes
Sec. 331. Amendments to Public Law 815.
``Sec. 2. Portion of appropriations available for payments.
``Sec. 3. Establishment of priorities.
``Sec. 5. Limitation on total payments to any local educational
agency.''.
Sec. 332. Repeal of Public Law 874.
Part D--Amendments to Adult Education Act
Sec. 335. Amendments to Adult Education Act.
Part E--Amendments to Education Council Act of 1991
Sec. 341. Findings.
Sec. 342. National writing project.
Part F--Amendments to Statutes Pertaining to Indian Education
Sec. 351. Bureau of Indian Affairs.
Sec. 352. Application with respect to Indian Self-Determination and
Education Assistance Act.
Sec. 353. Payments.
Sec. 354. Endowment funds.
Sec. 355. Higher education amendments of 1992.
TITLE IV--NATIONAL EDUCATION STATISTICS
Sec. 401. Short title.
Sec. 402. Findings; purpose; definitions.
Sec. 403. National Center for Education Statistics.
Sec. 404. Duties of the Center.
Sec. 405. Performance of duties.
Sec. 406. Reports.
Sec. 407. Advisory Council on Education Statistics.
Sec. 408. Confidentiality.
Sec. 409. Dissemination.
Sec. 410. Cooperative education statistics systems.
Sec. 411. National Assessment of Educational Progress.
Sec. 412. National Assessment Governing Board.
Sec. 413. Authorization of appropriations.
TITLE V--MISCELLANEOUS
Sec. 501. Evaluation of Federal efforts to assist in school reform.
Sec. 502. Study of the effectiveness and impact of Federal categorical
aid programs.
Sec. 503. Budget compliance.
SEC. 2. EFFECTIVE DATES; TRANSITION.
(a) Effective Dates.--(1)(A) Except as provided in
subparagraph (B), the provisions of title I of this Act shall
take effect July 1, 1995, except that those provisions of
title I that apply to programs under title VIII of the
Elementary and Secondary Education Act of 1965, as amended by
this Act, and to programs that are conducted on a competitive
basis, shall be effective with respect to appropriations for
use under such programs in fiscal year 1995 and in subsequent
fiscal years.
(B) Title VIII of the Elementary and Secondary Education
Act of 1965, as amended by title I of this Act, shall take
effect on October 1, 1994.
(2) The provisions of title II of this Act shall be
effective upon enactment, except that section 253 of such
title shall be effective--
(A) July 1, 1995, for noncompetitive programs in which
funds are allocated on the basis of a formula; and
(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years.
(3)(A) Parts A and B of title III of this Act shall take
effect July 1, 1995.
(B) Part C of title III of this Act shall take effect on
October 1, 1994.
(b) Transition.--Notwithstanding any other provision of
law, a recipient of funds under the Elementary and Secondary
Education Act of 1965, as in effect prior to amendment by
this Act, may use funds available to it under such
predecessor authority to carry out necessary and reasonable
planning and transition activities in order to ensure a
smooth implementation of programs authorized by this Act.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
The Elementary and Secondary Education Act of 1965 is
amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the ``Elementary and Secondary
Education Act of 1965''.
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--The Congress declares it to be
the policy of the United States that a high-quality education
for all persons and a fair and equal opportunity to obtain
such education--
``(1) are a societal good necessary for creating a vibrant
future for our complex and diverse democracy and for meeting
the challenge of an internationally competitive economy;
``(2) are a private good because individual opportunity is
greatly enhanced by being well educated;
``(3) are a moral imperative in our society and simple
justice demands that the opportunity to acquire skills and
knowledge deemed necessary for basic citizenship and economic
opportunity be equally available to all; and
``(4) improve the life of every person, because the quality
of individual lives ultimately depends on the quality of the
lives of others.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the
past two decades, a sizable gap remains, and many segments of
our society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is
in schools with high concentrations of children from low-
income families and achieving the National Education Goals
will not be possible without substantial improvement in these
schools;
``(3) educational needs are particularly great for low-
achieving children in the highest-poverty schools, children
with limited English proficiency, children of migrant
workers, Indian children, children who are neglected or
delinquent, and young children and their parents who are in
need of family-literacy services; and
``(4) while title I and other programs funded under this
Act contribute to narrowing the achievement gap between
children in high-poverty and low-poverty schools, such
programs need to become even more effective in improving
schools in order to enable all children to achieve high
standards.
``(c) What Has Been Learned.--To enable schools to provide
all children a high-quality education, this title builds upon
what has been learned:
``(1) All children can master challenging content and
complex problem-solving skills and research clearly shows
that children, including low-achieving children, can succeed
when expectations are high and they are given the opportunity
to learn challenging material.
``(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment,
violence, inadequate health care, child abuse, and drug and
alcohol abuse can adversely affect children's academic
achievement and must be addressed through the coordination of
services, such as health and social services, in order for
the Nation to meet the National Education Goals.
``(3) A better understanding of the principles of good
health can help children and adolescents succeed in school,
become active, productive members of society, and
successfully compete in a rapidly changing global economy.
Schools that provide quality physical and health education
contribute to enhanced knowledge, behavior, and fitness of
children and adolescents.
``(4) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate information
about what children know and can do and encourages curricula
and instruction that focus on the low-level skills measured
by such tests.
``(5) Resources are more effective when they ensure that
children have full access to effective regular school
programs and receive supplemental help through extended-time
activities.
``(6) The disproven theory that children must first learn
basic skills before engaging in more complex tasks continues
to dominate strategies for classroom instruction, resulting
in emphasis on repetitive drill and practice at the expense
of content-rich instruction, accelerated curricula, and
effective teaching to high standards.
``(7) Intensive and sustained professional development for
teachers and other school staff (focused on teaching and
learning and on helping children attain high standards) is
too often not provided.
``(8) Insufficient attention and resources are directed
toward the effective use of technology in schools and the
role it can play in professional development and improved
teaching and learning.
``(9) All parents can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
``(10) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
responsibility to design and implement effective strategies
for bringing children to high levels of performance and
should accept responsibility to do so.
``(11) Opportunities for students to achieve high standards
can be enhanced through a variety of approaches such as
public school choice and public charter schools.
``(12) Attention to academics alone cannot ensure that all
children will reach high
[[Page 483]]
standards. The health and other needs of children that affect
learning are frequently unmet, particularly in high-poverty
schools, thereby necessitating coordination of services to
better meet children's needs.
``(13) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies
and schools that have children most in need.
``(d) Statement of Purpose.--The purpose of this title is
to enable schools to provide opportunities for children
served to acquire the knowledge and skills contained in the
rigorous State content standards and to meet the challenging
State performance standards developed for all children under
the Goals 2000: Educate America Act or, in their absence,
under this title. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards;
``(2) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time so that children served under this title
receive at least the classroom instruction that other
children receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective
instructional strategies and challenging academic content
that includes intensive complex thinking and problem-solving
experiences;
``(4) significantly upgrading the quality of curricula and
instruction by providing staff in participating schools with
substantial opportunities for intensive and sustained
professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and, to the
extent feasible, with health and social service programs
funded from other sources;
``(6) affording parents meaningful opportunities to
participate in the education of their children at home and at
school;
``(7) distributing resources, in amounts sufficient to make
a difference, to schools where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to
measure how well children are achieving high State standards
of performance expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``Appropriations are authorized for the following programs
and activities under this title:
``(1) Local educational agency grants.--For the purpose of
carrying out part A of this title, other than sections 1117,
and 1120(d), there are authorized to be appropriated
$7,400,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Even start.--For the purpose of carrying out part B
of this title, there are authorized to be appropriated
$118,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(3) Education of migratory children.--For the purpose of
carrying out part C of this title, there are authorized to be
appropriated $310,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(4) Prevention and intervention services for delinquent
youth and youth at risk of dropping out.--For the purpose of
carrying out part D of this title, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(5) Capital expenses.--For the purpose of carrying out
section 1120(d) of this title, there are authorized to be
appropriated $41,434,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(6) School improvement.--For the purpose of carrying out
the activities authorized in section 1117 of this title,
there are authorized to be appropriated $30,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``(7) Federal activities.--(A) For the purpose of carrying
out section 1501 of this title, there are authorized to be
appropriated $9,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(B) For the purpose of carrying out sections 1502 and
1503 of this title, there are authorized to be appropriated
$20,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART A--BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--(1) Any State desiring to receive a
grant under this part shall submit to the Secretary a plan,
developed in consultation with local educational agencies,
teachers, administrators, and parents, that--
``(A)(i) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that State
plan; and
``(ii) is integrated with other State plans, if any, under
the School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that these plans have not already been
incorporated in the State's plan under title III of the Goals
2000: Educate America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(i) is integrated with other State plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A State may satisfy all or part of the requirements
of this section by referencing applicable sections of its
approved State plan under title III of the Goals 2000:
Educate America Act.
``(b) Standards and Assessment Provisions.--(1)(A) Each
State plan shall demonstrate that the State has developed or
adopted high-quality standards for children served under this
title that will be used by the State, its local educational
agencies, and its schools to carry out this Act and that
these standards be as challenging and of the same high-
quality as they are for all children. These standards shall
include--
``(i) challenging content standards in the core academic
subjects that--
``(I) specify what children served under this title are
expected to know and be able to do;
``(II) contain coherent and rigorous content; and
``(III) emphasize the teaching of advanced skills;
``(ii) challenging performance standards that--
``(I) are aligned with the State's content standards;
``(II) describe two levels of high performance,
`proficient' and `advanced', that determine how well children
served under this title are mastering the material in the
content standards; and
``(III) include a third benchmark below proficient, if
necessary, to provide complete information about the progress
of the lower-performing children toward achieving the high
`proficient' and `advanced' performance standards; and
``(iii) model opportunity to learn standards for schools
which receive assistance under this title that address--
``(I) the alignment of curricula, instructional materials,
and other school resources with the content and performance
standards adopted by the State;
``(II) the capability of teachers to provide high quality
instruction within each subject area for which the State has
adopted content and performance standards; and
``(III) such other factors that the State deems appropriate
to ensure that students served under this title receive a
fair opportunity to achieve the knowledge and skills
described in content and performance standards adopted by the
State.
``(B) For those core academic subjects in which a State has
not adopted challenging content and performance standards,
the State plan shall include a schedule for their development
that includes the completion of standards in mathematics and
reading/language arts by the end of the interim period as
described in paragraph (8).
``(2)(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what constitutes
adequate yearly progress of--
``(i) any school served under this part toward enabling
children to meet the State's `proficient' and `advanced'
performance standards; and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools receiving
assistance under this part to meet the State's `proficient'
and `advanced' performance standards.
``(B) Adequate yearly progress shall be defined in a
manner--
``(i) that is consistent with criteria of general
applicability established by the Secretary and results in
continuous and substantial yearly improvement for
economically disadvantaged, limited-English proficient, and
all students under this title in each school and local
educational agency toward the goal of all children under this
title meeting the State's challenging `advanced' performance
standards; and
``(ii) links progress primarily to performance on the
assessments carried out under this section while permitting
progress to be established in part through the use of other
outcome-based measures such as reductions in drop-out rates.
``(3) Each State plan shall demonstrate that the State has
developed or adopted a set of high-quality, yearly student
assessments that will be used as the primary means of
determining the yearly performance of each local educational
agency and school receiving assistance under this part in
enabling children served under this title to meet the State's
performance standards and that these assessments be
challenging and of the
[[Page 484]]
same high-quality as they are for all children. These
assessments shall--
``(A) be aligned with the State's challenging content and
performance standards and provide coherent information about
student attainment of such standards;
``(B) be used for purposes for which they are valid and
reliable, and be consistent with relevant nationally
recognized professional and technical standards of
assessments;
``(C) shall measure the proficiency of students in the core
academic subjects in which a State has adopted challenging
content and performance standards and be administered at some
time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12.
``(D) be comprised of multiple, up-to-date measures of
student performance;
``(E)(i) include limited-English proficient students who
shall be assessed, to the extent practicable, in the language
and form most likely to yield accurate and reliable
information on what these students know and can do, to
determine their mastery of skills in subjects other than
English;
``(ii) include students who have been resident in a local
educational agency for a full academic year but have not
attended a single school for a full year, provided that the
performance of students who have attended more than one
school in the local educational agency in any academic year
shall be used only in determining the progress of the local
educational agency; and
``(iii) include students with disabilities who shall be
assessed, to the extent practicable, in a manner and form
most likely to yield accurate and reliable information on
what these students know and can do, including assessment
accommodations and modifications necessary to make such
determinations, provided that those students who are
determined, through valid evaluation conducted by qualified
personnel, to be so severely cognitively impaired as to
permanently lack the capacity to make any educational
progress, with the provision of special education and related
services, in meeting the State content and performance
standards may be exempted from the assessment process;
``(F) provide individual student scores; and
``(G) provide for disaggregated results within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, and
by economically disadvantaged students as compared to
students who are not economically disadvantaged.
``(4) Each State plan shall identify the languages other
than English that are present in the participating student
population and indicate the languages for which yearly
student assessments are not available and are needed. The
State shall make every effort to develop such assessments and
shall notify the Secretary if linguistically-accessible
assessment measures are needed. Upon notification, the
Secretary shall assist with the identification of appropriate
assessment measures in the needed languages through the
Office of Bilingual Education and Minority Language Affairs.
``(5) If a State has developed or adopted challenging
content and performance standards and an aligned set of
assessments for all students such as those developed under
title III of the Goals 2000: Educate America Act, or another
process, the State shall use such standards and assessments,
modified, if necessary, to conform with the requirements of
paragraphs (1)(A)(ii), (2), and (3).
``(6) If, after 2 years, a State does not have challenging
content and performance standards that meet the requirements
of paragraph (1) or after 3 years, a State does not have
assessments that meet the requirements of paragraph (3), a
State shall adopt a set of standards and aligned assessments
such as the standards and assessments contained in other
State plans that the Secretary has approved.
``(7)(A) If a State does not have assessments that meet the
requirements of paragraph (3), the State may propose to use
an interim set of yearly statewide assessments that will
assess the performance of complex skills and challenging
subject matter.
``(B) For any year during which a State is using an interim
assessment system, the State shall devise a means for
identifying schools and local educational agencies in need of
improvement under section 1116.
``(c) Other Provisions To Support Teaching And Learning.--
Each State plan shall also describe--
``(1)(A) the means by which the State educational agency
will work with other agencies, including educational service
agencies or other local consortia, and institutions to
provide technical assistance to local educational agencies
and schools to carry out the State educational agency's
responsibilities under this part, including assistance in
providing high quality professional development under section
1119 and technical assistance under section 1117; and
``(B)(i) where educational service agencies exist, the
State educational agency shall consider providing
professional development and technical assistance through
such agencies; and
``(ii) where educational service agencies do not exist, the
State educational agency shall consider providing
professional development and technical assistance through
other cooperative agreements such as a consortium of local
educational agencies;
``(2) the measure of poverty that local educational
agencies shall use which shall include such measures as the
number of children age 5 to 7 in poverty counted in the most
recent census data approved by the Secretary, the number of
children eligible to receive free and reduced price lunches
under the National School Lunch Act, the number of children
in families receiving assistance under Aid to Families With
Dependent Children or the number of children eligible to
receive medical assistance under the Medicaid program; or a
composite of such indicators;
``(3) how the State educational agency will notify local
educational agencies and the public of the standards and
assessments developed under this section, and of the
authority to operate schoolwide programs, and fulfill its
local educational agency and school improvement
responsibilities under section 1116, including the corrective
actions it will take under section 1116(d)(6);
``(4) how the State educational agency will encourage the
use of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
``(5) how the Committee of Practitioners established under
section 1603(b) was substantially involved in the development
of the plan and will continue to be involved in monitoring
its implementation by the State;
``(6) how the State educational agency will assess the
needs of local educational agencies serving rural areas and
the plans the State educational agency has to meet those
needs;
``(7) how the State educational agency will encourage the
establishment and operation of cooperative education,
mentoring, and apprenticeship programs, involving business
and industry; and
``(8) how the State will coordinate activities funded under
this part with school-to-work and vocational education
programs, as appropriate.
``(d) Peer Review and Secretarial Approval.--The
Secretary--
``(1) shall establish a peer review process to assist in
the review of State plans;
``(2) shall appoint individuals to the peer review process
who shall be representative of State educational agencies,
local educational agencies, teachers, and parents;
``(3) shall, following an initial peer review, approve a
State plan the Secretary determines meets the requirements of
subsections (a), (b), and (c); and
``(4)(A) shall, if the Secretary determines that the State
plan does not meet the requirements of subsection (a), (b),
or (c), immediately notify the State of such determination
and the reasons for it;
(B) shall not decline to approve a State's plan before
offering the State an opportunity to revise its plan or
application, provide technical assistance in order to assist
the State to meet the requirements under subsections (a),
(b), and (c) and a hearing; and
(C) may withhold funds until determining that the plan
meets the requirements of this section, provided, however,
that the Secretary may not withhold funds on the basis of the
specific content of the opportunity-to-learn standards
adopted by a State under this section.
``(e) Duration of the Plan.--(1) Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) If the State makes significant changes in its plan,
such as the adoption of new content and performance
standards, new assessments, or a new definition of adequate
progress, the State shall submit this information to the
Secretary for approval.
``(f) Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content or pupil performance
standards and assessments, curriculum, or program of
instruction as a condition of eligibility to receive funds
under this title.
``(g) Notwithstanding any other provision of this Act, the
implementation of model opportunity-to-learn standards shall
be voluntary on the part of the States, local educational
agencies, and schools.
``(h) Nothing in this title shall be construed to authorize
an officer, or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific opportunity-to-learn standards as a
condition of eligibility to receive funds under this title.
``(i) Nothing in this section shall be construed to create
a legally enforceable right for any person against a State,
local educational agency, or school based on opportunity-to-
learn standards.
``(j) Nothing in this section shall be construed to mandate
equalized spending per pupil for State, local educational
agency, or school.
``(k) Nothing in this section shall be construed to mandate
national school building standards for a State, local
educational agency, or school.
``(l) If aggregate State expenditure by the State
educational agency for operation of elementary and secondary
education programs is less than the State educational
agency's aggregate Federal allocation for State operation of
all Federal elementary and secondary education programs, then
the State plan for title I must include assurances and
specific provisions for State expenditures for operation of
elementary and secondary education programs to equal or
exceed the level of Federal expenditures for such operation
by fiscal year 1999.
[[Page 485]]
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--(1) A local educational agency may
receive a subgrant under this part for any fiscal year only
if it has on file with the State educational agency a plan,
approved by the State educational agency, that--
``(A)(i) is integrated with the local educational agency's
plan, either approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already addressed
by that State plan; and
``(ii) is integrated with local plans, if any, under the
School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that such plans have not already been incorporated
into the local educational agency's plan under title III of
the Goals 2000: Educate America Act; or
``(B) if the local educational agency does not have an
approved plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan--
``(i) is integrated with other local plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A local educational agency may satisfy all or part of
the requirements of this section by referencing applicable
sections of its approved plan under title III of the Goals
2000: Educate America Act.
``(b) Standards and Assessment Provisions.--Each local
educational agency plan shall include--
``(1) a description of its challenging content and
performance standards, if any, in the core subjects, in
addition to the content and performance standards adopted by
the State under section 1111, that the local educational
agency expects children served under this title to meet;
``(2) a description, based on the assessments described
under paragraph (3), of what constitutes adequate yearly
progress if a local educational agency elects to establish
such measures that are more stringent than the measures
described in the State plan under section 1111;
``(3) a description of additional high-quality student
assessments, if any, other than the assessments described in
the State plan under section 1111, that the local educational
agency and schools served under this part will use to--
``(A) determine the success of children served under this
title in meeting the State's performance standards;
``(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under this
title to meet State standards and do well in the local
curriculum; and
``(C) determine what revisions are needed to projects under
this part so that such children will meet the State's
performance standards.
``(c) Other Provisions To Support Teaching and Learning.--
(1) To ensure high-quality instruction to enable
participating children to meet the State's challenging
performance standards expected of all students, each local
educational agency plan shall describe a coherent strategy
for intensive and sustained professional development for
teachers, administrators, and other staff, including staff of
such agency, in accordance with section 1119.
``(2) Each local educational agency plan shall describe how
the local educational agency will--
``(A) notify schools of the authority to operate schoolwide
programs;
``(B) work in consultation with schools as the schools
develop their plans pursuant to section 1114 or 1115 and
assist schools as they implement such plans so that each
school can make adequate yearly progress toward meeting the
State's standards; and
``(C) fulfill its school improvement responsibilities under
section 1116, including the corrective actions it will take
under section 1116(c)(5).
``(3) To address the comprehensive needs of children served
under this title, each local educational agency plan shall
describe how the local educational agency will--
``(A) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, including--
``(i) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs;
and
``(ii) services for children with limited English
proficiency or with disabilities, migratory children served
under part C of this title or who were formerly eligible for
services under part C in the 2-year period preceding the date
of the enactment of this title, delinquent youth and youth at
risk of dropping out served under part D of this title,
homeless children, and immigrant children in order to
increase program effectiveness, eliminate duplication, and
reduce fragmentation of the children's instructional program;
and
``(B) coordinate and collaborate with other agencies
providing services to children, youth, and families,
including health and social services.
``(4) The local educational agency plan also shall include
a description of--
``(A) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(B) the multiple criteria that will be used by targeted
assistance schools under section 1115 to identify children
eligible for services under this part;
``(C) the nature of the programs to be conducted by its
schools under sections 1114 and 1115 and services outside
such schools for children in local institutions for neglected
or delinquent children and eligible homeless children, in
accordance in section 1115(b)(2)(D);
``(D) how the local educational agency will ensure that
migratory children and formerly migratory children who are
eligible to receive services under this part are selected to
receive such services on the same basis as other children who
are selected to receive services under this part;
``(E) how a school that plans to serve preschool children
through the Head Start or Even Start programs will use its
funds to expand such programs to serve preschool children
from its attendance area that otherwise would not have been
served or increase the level of service to children presently
being served;
``(F) how the local educational agency will provide
services to eligible children attending private elementary
and secondary schools in accordance with section 1120, and
how timely and meaningful consultation with private school
officials regarding such services will occur; and
``(G) the number of schoolwide programs that will be
operating in the local educational agency.
``(d) Plan Development and Duration.--Each local
educational agency plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, where appropriate, and parents of
children in schools served under this part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency's
strategies and programs.
``(e)(1) State Approval.--The State educational agency
shall approve a local educational agency's plan only if the
State educational agency determines that the plan will enable
schools served under this part to substantially help children
served under this title to meet the State's challenging
performance standards expected of all children.
``(2) The State educational agency shall review the local
educational agency's plan to determine if such agency's
professional development activities are in accordance with
section 1119.
``(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making
decisions required under sections 1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) In General.--(1)(A)(i) A local educational agency
shall use funds received under this part only in school
attendance areas with high concentrations of children from
low-income families, hereafter in this section referred to as
`eligible school attendance areas'.
``(ii) For the purposes of this part--
``(I) `school attendance area' means, in relation to a
particular school, the geographical area in which the
children who are normally served by such school reside; and
``(II) `eligible school attendance area' means a school
attendance area in which the percentage of children from low-
income families is at least as high as the percentage of
children from low-income families in the local educational
agency as a whole.
``(B) If funds allocated in accordance with subsection (c)
are insufficient to serve all eligible school attendance
areas, a local educational agency shall--
``(i) annually rank, without regard to grade spans, its
eligible school attendance areas in which the concentration
of children from low-income families exceeds 75 percent from
highest to lowest according to the percentage of children
from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order.
``(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local educational
agency shall--
``(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by grade span
or for the entire local educational agency according to the
percentage of children from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(2) The local educational agency shall use as the measure
of poverty, the number of children ages 5-17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the National School Lunch Act,
the number of children in families receiving assistance under
Aid to Families with Dependent Children or the number of
children eligible to receive medical assistance under the
Medicaid program, or a composite of such indicators,
[[Page 486]]
with respect to all school attendance areas in the local
educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(3) This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
``(b) Local Educational Agency Discretion.--Notwithstanding
subsection (a)(1), a local educational agency may--
``(1) designate as eligible any school attendance area or
school in which at least 50 percent of the children are from
low-income families;
``(2) use funds received under this part in a school that
is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled in
the school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency;
``(3)(A) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(i) the school meets the comparability requirements of
section 1121(c);
``(ii) the school is receiving supplemental funds from
other State or local sources that are spent according to the
requirements of section 1114 or 1115; and
``(iii) the funds expended from such other sources equal or
exceed the amount that would be provided under this part; and
``(B) notwithstanding subparagraph (A), the number of
children attending private elementary and secondary schools
who are to receive services, and the assistance they are to
receive under this part, shall be determined without regard
to whether the public school attendance area in which such
children reside is passed over under this paragraph;
``(4) use funds received under this part to serve eligible
children who reside in school attendance areas served under
the part and who attend schools in other school attendance
areas in accordance with a court-ordered school desegregation
plan or a plan which continues to be implemented in
accordance with a district-wide, court-ordered desegregation
plan; and
``(5) in local educational agencies that have over 900,000
students, to the extent feasible, use funds received under
this part to serve educationally deprived children who reside
in school attendance areas having high concentrations of
children from low-income families and who otherwise meet the
eligibility requirements of this part and who attend schools
in noneligible attendance areas.
``(c) Allocations.--(1) A local educational agency shall
allocate funds received under this part to eligible school
attendance areas or eligible schools, identified under
subsection (a) or (b), in rank order, on the basis of the
total number of children from low-income families in each
area or school.
``(2)(A) Except as provided in subparagraph (B), the per-
pupil amount of funds allocated to each school attendance
area or school under paragraph (1) shall be not less than 80
percent of the per-pupil amount of funds the local
educational agency received for such year under sections
1124, 1124A, and 1125.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any supplemental
State and local funds expended in such school attendance area
or school for programs that meet the requirements of section
1114 or 1115.
``(3) A local educational agency shall reserve such funds
as are necessary under this part to provide services
comparable to the services provided to children in schools
funded under this part to serve--
``(A) homeless children in accordance with section
1115(b)(2)(D); and
``(B) children in local institutions for delinquent
children.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--(1) A local
educational agency may use funds under this part, in
combination with other Federal, State, and local funds, to
upgrade the entire educational program in an eligible school
if, for the initial year of the schoolwide program, the
school meets the following criteria:
``(A) For the school year 1995-96--
``(i) the school serves an eligible school attendance area
in which at least 65 percent of the children are from low-
income families; or
``(ii) at least 65 percent of the children enrolled in the
school are from such families.
``(B) For school year 1996-97 and thereafter, the
percentage requirement of clauses (i) and (ii) of
subparagraph (A) shall be 60 percent.
``(2) The provisions of paragraph (1) notwithstanding, a
local educational agency may start new schoolwide programs
only after the State educational agency provides written
information to each local educational agency in the State
that--
``(A) demonstrates that such State agency has established
the statewide system of support and improvement required by
section 1117 (c)(1) and (e); and
``(B) describes how such statewide system, together with
other providers of assistance with which the State has made
specific arrangements to assist schoolwide programs, such as
comprehensive technical assistance centers, regional
laboratories, and institutions of higher education, has the
capability of providing on-site assistance if necessary to
each eligible school.
``(3) A schoolwide program school shall use such funds only
to supplement the amount of funds that would, in the absence
of funds under this part, be made available from non-Federal
sources for the school, including funds needed to provide
services that are required by law for children with
disabilities and children with limited English proficiency.
``(4) A school may use funds received under any
noncompetitive, formula-grant program administered by the
Secretary, excluding programs under the Individuals With
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary to support a schoolwide program, notwithstanding
any provision of the statute or regulations governing any
such program.
``(b) Components of a Schoolwide Program.--(1) A schoolwide
program shall include the following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children
in relation to the State's standards.
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet the
State's `proficient' and `advanced' performance standards
expected of all children;
``(ii) are based on research on effective means of
improving the achievement of children;
``(iii) use effective instructional strategies which may
include the integration of vocational and academic learning
(including applied learning and team teaching strategies)
that increase the amount and quality of learning time, such
as providing an extended school year and before- and after-
school programs and opportunities, and help provide an
enriched and accelerated curriculum rather than remedial
drill and practice, and that incorporate gender-equitable
methods and practices;
``(iv) address the needs of all children in the school, but
particularly the needs of low-achieving children, children
with limited-English proficiency, children from migratory
families, and children who are members of the target
population of any program that is included in the schoolwide
program, address how the school will determine if such needs
have been met, describe the current program being offered to
limited-English proficient students, and address how the
school will build upon, expand, or coordinate the schoolwide
program with the current program; and
``(v) are consistent with, and are designed to implement,
the State and local reform plans, if any, approved under
title III of the Goals 2000: Educate America Act.
``(C) Instruction by highly qualified professional staff.
``(D) Intensive and sustained professional development for
teachers, principals, and other staff, including aides, in
accordance with section 1120, to enable all children in the
school to meet the State's performance standards.
``(E) Strategies to increase parental involvement,
including family literary services.
``(F) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
``(G) Additionally, in schools serving children beyond
grade six, in coordination with funds available from other
programs and, as appropriate, drawing on private and public
organizations--
``(i) counseling and mentoring services;
``(ii) college and career awareness, exploration, and
preparation, such as college and career guidance,
comprehensive career development, occupational information,
enhancement of employability and occupational skills,
personal finance education, job placement services, and
innovative teaching methods which may include applied
learning and team teaching strategies; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses, and the integration of school-based and work-
based learning.
``(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation with
the local educational agency and its school support team or
other technical assistance provider consistent with the
provisions in subsection (c)(1) and (e) of section 1117, a
comprehensive plan for reforming the total instructional
program in the school that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement such
components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under paragraph
(a)(3) that will be included in the schoolwide program; and
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3).
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria in section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of students in the school
and a review of the school's in-
[[Page 487]]
structional practices in the context of available research on
effective instructional and school improvement practices.
``(C) The comprehensive plan shall be--
``(i) developed during a one-year period, unless--
``(I) the local educational agency, based on the
recommendation of the technical assistance providers under
section 1117, determines that less time is needed to develop
and implement the schoolwide program; or
``(II) the school is operating a schoolwide program at the
time this section takes effect, in which case it may continue
to operate such program, but shall develop a new plan during
the first year to reflect the provisions of this section;
``(ii) developed with the involvement of the community to
be served and individuals who will carry it out, including
teachers, principals, other staff, parents, and, if the plan
relates to a secondary school, students from the school;
``(iii) reviewed and revised, as necessary, by the school;
``(iv) made available to parents and the public with the
information contained in such plan translated, to the extent
feasible, into any language that a significant percentage of
the parents of participating children in the school speak as
their primary language; and
``(v) developed where appropriate in coordination with
programs under the School-to-Work Opportunities Act, the Carl
D. Perkins Vocational and Applied Technology Education Act,
and the National and Community Service Trust Fund Act.
``(c) Accountability.--
``(1) As provided in subsection (c) of section 1116, each
schoolwide program shall be subject to school improvement for
failure to make adequate progress for two consecutive years.
``(2) A schoolwide program identified for school
improvement under such subsection that has not made adequate
progress by the third year following such identification
shall be subject to corrective actions by the local
educational agency, as well as, where appropriate,
termination of schoolwide program status.
``(3) A school that has forfeited its schoolwide status may
not regain such status until the local educational agency
determines that the school has adequately reformed its
schoolwide program plan to enable it to make adequate
progress toward meeting the State's challenging performance
standards.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to participate
under section 1113 that are ineligible for a schoolwide
program, or that choose not to operate a schoolwide program,
a local educational agency may use funds received under this
part only for programs that provide services to eligible
children identified as having the greatest need for special
assistance.
``(b) Eligible Children.--(1)(A) The eligible population
for services under this part is--
``(i) children up to age 21 who are entitled to a free
public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education,
yet are of an age at which they can benefit from an organized
instructional program provided in a school or other
educational setting.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging performance standards on the basis of multiple,
educationally related, objective criteria established by the
local educational agency and supplemented by the school,
except that children from preschool through grade two shall
be selected solely on the basis of such criteria as teacher
judgment, interviews with parents, and developmentally
appropriate measures.
``(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other children
selected to receive services under this part.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be
made available to such children.
``(B) A child who, at any time in the previous two years,
participated in a Head Start, Even Start, or State-run
preschool program shall be automatically eligible for
services under this part.
``(C)(i) A child who, at any time in the previous two years
received services under the program for delinquent youth and
youth at risk of dropping out under part D of this title (or
its predecessor authority) may be eligible for services under
this part.
``(ii) Any child in a local institution for neglected or
delinquent children or attending a community day program for
such children is eligible for services under this part.
``(D) A local educational agency shall use funds received
under this part to serve eligible homeless children who
attend a school in the local educational agency that receives
funds under this title. To the extent feasible, a local
educational agency shall use funds received under this part
to serve eligible homeless children who attend schools in
noneligible attendance areas, including providing
educationally related support services to children in
shelters, where appropriate.
``(c) Components of a Targeted Assistance School Program.--
(1) To assist targeted assistance schools and local
educational agencies to meet their responsibility to provide
all students with the opportunity to meet the State's
challenging performance standards, each targeted assistance
program under this section shall--
``(A) use its resources under this part to help
participating children meet the challenging performance
standards expected for all children;
``(B) be based on research on effective means for improving
achievement of children;
``(C) use effective instructional strategies that--
``(i) give primary consideration to providing extended
learning time such as an extended school year and before- and
after-school programs and opportunities;
``(ii) involve an accelerated, high-quality curriculum,
including applied learning, rather than remedial drill and
practice; and
``(iii) minimize removing children from the regular
classroom for instruction provided under this part;
``(D) be coordinated with and support the regular program
in providing an enriched and accelerated curriculum for
eligible children;
``(E) provide instruction by highly qualified professional
staff;
``(F) provide opportunities for intensive and sustained
professional development in accordance with section 1119 with
resources under this part and from other sources for
administrators and for teachers and other school staff who
work with participating children in programs under this
section or in the regular education program;
``(G) provide strategies to increase parental involvement,
including family literary services;
``(H) provide plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs; and
``(I) include, additionally, in schools serving children
beyond grade six, in coordination with funds available from
other programs and, as appropriate, drawing on private and
public organizations--
``(i) counseling and mentoring;
``(ii) college and career awareness and preparation, such
as college and career guidance, comprehensive career
development, enhancement of employability skills, personal
finance education, and job placement services; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses.
``(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local
educational agency, a plan to assist participating children
to meet the State's `proficient' and `advanced' performance
standards that describes--
``(i) the selection of children to participate in
accordance with subsection (b);
``(ii) the program to be conducted that incorporates the
components described in paragraph (1) and how the resources
provided under this part will be coordinated with other
resources to enable the children served to meet the State's
standards;
``(iii) how the school will review, on an ongoing basis,
the progress of participating children and revise the
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging
performance standards such as an extended school year and
before- and after-school programs and opportunities, training
for teachers regarding how to identify students that require
additional assistance, and training for teachers regarding
how to implement performance standards in the classroom; and
``(iv) if the school is eligible to operate a schoolwide
program under section 1114, why it chose not to do so.
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria of section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of participating children
and a review of the school's instructional practices in the
context of available research on effective instructional
practices.
``(C) Each plan shall be--
``(i) developed with the involvement of the community to be
served and the individuals who will carry it out, including
teachers, administrators, other staff, parents,
representatives from business and industry, and, if the plan
relates to a secondary school, students from the school;
``(ii) approved by the local educational agency and made
available to parents and the information contained therein
translated, to the extent feasible, into any language that a
significant percentage of the parents of participating
children in the school speak as their primary language; and
``(iii) reviewed and revised, as necessary, by the school.
``(d) Assignment of Personnel.--To promote the integration
of staff paid with funds under this part and children served
under this part into the regular school program and overall
school planning and improvement efforts, public school
personnel who are paid with funds received under this part
may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond
classroom instruction or that do not benefit participating
children so long as the amount of time spent on such duties
is the same proportion of
[[Page 488]]
total work time as prevails with respect to similar personnel
at the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit
participating children.
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use
funds under this part, in combination with other Federal,
State, local, and private funds to develop and implement
choice programs, for children eligible for assistance under
this title, which permit parents to select the public school
that their children will attend.
``(b) Choice Plan.--A local educational agency that chooses
to implement a school choice plan shall first develop a
comprehensive plan that includes assurances that--
``(1) all eligible students across grade levels will have
equal access to the program;
``(2) the program does not include schools which follow a
racially discriminatory policy;
``(3) describe how the school will use resources under this
part and from other sources to implement such components;
``(4) describe how the school will provide individual
student assessment results, including an interpretation of
such results, to the parents of a child who participates in
the assessment required by section 1111(b)(3);
``(5) the plan will be developed with the involvement of
the community to be served and individuals who will carry it
out, including teachers, principals, and other staff,
parents, and, if the plan relates to a secondary school,
students from the school;
``(6) the plan will be made available to parents and the
public; and
``(7) the program shall not include schools that do not
receive funds under this title.
``SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDUCATIONAL
AGENCY IMPROVEMENT.
``(a) Local Review.--Each local educational agency
receiving funds under this part shall--
``(1) use the State assessments described in the State plan
and any additional measures described in the local
educational agency's plan to review annually the progress of
each school served under this part to determine whether the
school is meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) or section 1112(b)(2), as
appropriate, toward enabling its students to meet, the
State's performance standards;
``(2) publicize and disseminate to teachers, parents,
students, and the community the results of the annual review
under paragraphs (1) and (2) of all schools served under this
part in individual school performance profiles that include
disaggregated results as required by section 1111(b)(3)(G);
and
``(3) provide the results of the local annual review to
schools so that they can continually refine the program of
instruction to help all children in such schools to meet the
State's high performance standards.
``(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving
funds under this part shall designate distinguished schools
in accordance with section 1117.
``(c) School Improvement.--(1) A local educational agency
shall identify for school improvement any school served under
this part that--
``(A) has been in program improvement under section 1021 of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect before the effective date
of the Improving America's Schools Act of 1994, for at least
two consecutive school years prior to such date;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) or section
1112(b)(2), as appropriate, for two consecutive school years;
or
``(C) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(5)(C) for two consecutive years.
``(2) A school shall not be identified for school
improvement if virtually all its students meet the State's
advanced performance standards.
``(3)(A) Each school identified under paragraph (1) shall--
``(i) in consultation with parents, the local educational
agency, and, for schoolwide programs, the school support
team, revise its school plan under section 1114 or 1115 in
ways that have the greatest likelihood of improving the
performance of participating children in meeting the State's
performance standards including reviewing the school's plan
in the context of the State's model opportunity-to-learn
standards; and
``(ii) submit the revised plan to the local educational
agency for approval.
``(B) Before identifying a school for program improvement
under paragraph (1), the local educational agency shall
provide the school with an opportunity to review the school-
level data, including assessment data, on which such
identification would be based. If the school believes that
its identification for school improvement would be in error,
it may provide evidence to the local educational agency to
support such belief.
``(C) During the first year immediately following
identification under paragraph (1), the school shall
implement its revised plan.
``(4) For each school identified under paragraph (1), the
local educational agency shall make technical assistance
available as the school determines why the school's plan
failed to bring about increased achievement and develop and
implement its revised plan. Such technical assistance may be
provided directly by the local educational agency, through
mechanisms authorized under section 1117, or by an
institution of higher education, a private nonprofit
organization, an educational service agency, Federal
technical assistance centers under part D of title II of this
Act, or other entities with experience in helping schools
improve achievement.
``(5)(A) After providing technical assistance pursuant to
paragraph (4) and other remediation measures, the local
educational agency may take corrective action at any time
against a school that has been identified under paragraph
(1), but, during the third year following identification
under paragraph (1), shall take such action against any
school that still fails to make adequate progress.
``(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State law,
which may include implementing the State's model opportunity-
to-learn standards, decreasing decisionmaking authority at
the school level, making alternative governance arrangements
such as the creation of a charter school, reconstituting the
school staff, authorizing students to transfer, including
paying transportation costs to other schools in the local
educational agency, and in the case of schoolwide programs,
terminating schoolwide status.
``(6) The State educational agency shall--
``(A) make technical assistance under section 1117
available to the schools furthest from meeting the State's
standards, if requested by the school or local educational
agency; and
``(B) if it determines that a local educational agency
failed to carry out its responsibility under paragraphs (4)
and (5), take such corrective actions, which may include
actions in compliance with State law to withhold or transfer
funds and authority from schools that are failing to make
adequate progress as defined in section 1111(b)(2), as will
assure adequate progress for all students.
``(7) Schools that for at least two of the three years
following identification under paragraph (1) make adequate
progress toward meeting the State's `proficient' and
`advanced' performance standards no longer need to be
identified for school improvement.
``(d) State Review and Local Educational Agency
Improvement.--(1) A State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether all students in schools receiving
assistance under this part are making adequate progress as
defined in section 1111(b)(2)(A)(ii) or section 1112(b)(2),
as appropriate, toward meeting the State's performance
standards; and
``(B) publicize and disseminate to teachers, parents,
students, and the community the results of the State review,
including disaggregated results, as required by section
1111(b)(3)(G).
``(2) In the case of a local educational agency that for
three consecutive years has a school or schools receiving
assistance under this part which have exceeded the State's
definition of adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appropriate, the
State may make institutional and individual rewards of the
kinds described for individual schools in subsection
1117(c)(2)(B).
``(3) A State educational agency shall identify for
improvement any local educational agency that--
``(A) for two consecutive years, has a school or schools
receiving assistance under this part that are not making
adequate progress as defined in section 1111(b)(2)(A)(ii) or
section 1112(b)(2), as appropriate, toward meeting the
State's performance standards; or
``(B) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(8)(A) for two consecutive years.
``(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its local educational agency
plan under section 1112 in ways that have the greatest
likelihood of improving the performance of its schools in
meeting the State's performance standards, including
reviewing the local educational agency's plan in the context
of the State's model opportunity-to-learn standards, and
submit such plan to the State educational agency for
approval.
``(5) For each local educational agency identified under
paragraph (3), the State educational agency shall--
``(A) determine why the local educational agency's plan
failed to bring about increased achievement;
``(B) provide technical assistance, if requested, as
authorized under section 1117 to better enable the local
educational agency to develop and implement its revised plan
and work with schools needing improvement; and
``(C) make available to the local educational agencies
furthest from meeting the State's standards, if requested,
assistance under section 1117.
Technical assistance under subparagraph (B) may be provided
by the State educational agency directly, or by an
institution of higher education, a private nonprofit
organization, an educational service agency or other local
consortium, a technical assistance center, or other entities
with experience in as-
[[Page 489]]
sisting local education agencies improve achievement.
``(6)(A) After providing technical assistance pursuant to
paragraph (5) and other remediation measures, the State
educational agency may take corrective action at any time
against a local educational agency that has been identified
under paragraph (3), but, during the fourth year following
identification under paragraph (3), shall take such action
against any local educational agency that still fails to make
adequate progress.
``(B) Corrective actions are those listed in the State
educational agency plan adopted in compliance with State law,
which may include implementing the State's model opportunity-
to-learn standards, reconstitution of district personnel,
appointment by the State educational agency of a receiver or
trustee to administer the affairs of the local educational
agency in place of the superintendent and school board,
removal of particular schools from the jurisdiction of the
local educational agency and establishment of alternative
arrangements for governing and supervising such schools, the
abolition or restructuring of the local educational agency,
and the authorizing of students to transfer from 1 local
educational agency to another.
``(7) Local educational agencies that for at least two of
the three years following identification under paragraph (3)
make adequate progress toward meeting the State's standards
no longer need to be identified for local educational agency
improvement.
``(e) State Allocations for School Improvement.--From the
amount appropriated under section 1002(6) for any fiscal
year, each State shall be eligible to receive an amount that
bears the same ratio to the amount appropriated as the amount
allocated to the State under sections 1124, 1124A, and 1125
bears to the total amount allocated to all States under such
sections, except that each State shall receive at least
$180,000, or $30,000 in the case of Guam, American Samoa, the
Virgin Islands, the Northern Marianas, and Palau (until the
Compact of Free Association goes into effect).
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
``(a) System for Support.--(1) Each State educational
agency shall establish a statewide system of intensive and
sustained support and improvement for schools receiving funds
under this title, including all schoolwide programs and all
schools in need of program improvement, in order to increase
the opportunity for all students in such schools to meet the
State's content and performance standards.
``(2) Funds appropriated pursuant to section 1002(6) shall
be used to meet the requirements of this section. In addition
and notwithstanding section 1002(1), a State or local
educational agency may use funds made available under section
1002(1) and other available funds to meet such requirements.
``(b) Regional Centers.--Such a statewide system shall be
linked to and receive support and assistance from the
regional technical assistance centers authorized under part D
of title II and the regional labs authorized under section
205 of the General Education Provisions Act.
``(c) Provisions.--The system shall include at a minimum
the following:
``(1) School support teams.--
``(A) Each State, in consultation with local educational
agencies, shall establish a system of school support teams to
provide information and assistance to each schoolwide program
and to assist such program in providing an opportunity to all
students to meet the State's performance standards.
``(B) Each such team shall be composed of individuals with
experience in successfully
improving the educational opportunities for low achieving
students, especially individuals identified in paragraph (3),
and individuals knowledgeable about research and practice on
teaching and learning, including alternative and applied
learning, especially for low achieving students.
``(C) A school support team shall work with each school as
it develops its schoolwide program plan, review each plan,
and make recommendations to the school and the local
educational agency.
``(D) During the operation of the schoolwide programs, a
school support team shall periodically review the progress of
the school in enabling children in the school to meet the
State's performance standards, identify problems in the
design and operation of the instructional program, and make
suggestions for the improvement to the school and the local
educational agency.
``(2) Distinguished schools.--
``(A) Each State shall designate as a distinguished school
any school served under this part which, for 3 consecutive
years, has exceeded the State's definition of adequate
progress as defined in section 1111(b)(2), and, any school in
which virtually all students have met the State's advanced
performance standards and in which equity in participation
and achievement of students by sex has been achieved or
significantly improved.
``(B) Schools designated under this paragraph may serve as
models and provide support to other schools, especially
schoolwide programs and schools in program improvement, to
assist such schools in meeting the State's performance
standards.
``(C) States shall use funds available under section
1002(6) to allow schools identified under this paragraph to
carry out the activities described in subparagraph (B) and
may use such funds to provide awards to such schools to
further their education programs under this part, provide
additional incentives for continued success, and reward
individuals or groups in the school for exemplary
performance.
``(D) A local educational agency may also recognize the
success of a distinguished school by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
increased access to resources or supplemental services such
as summer programs that may be used to sustain or increase
success, additional professional development opportunities,
opportunities to participate in special projects, and
individual financial bonuses.
``(3) Distinguished educators.--
``(A) In order to provide assistance to schools and local
educational agencies identified as needing improvement or
schoolwide programs, each State, in consultation with local
educational agencies and using funds available under section
1002(6), shall establish a corps of distinguished educators.
``(B) When possible, distinguished educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State's performance
standards, such as the schools described in paragraph (2).
``(C) Distinguished educators shall provide, as part of the
statewide system, intensive and sustained assistance to the
schools and local educational agencies furthest from meeting
the State's standards and schoolwide programs as they develop
and implement their plans, including participation in the
support teams described in paragraph (1).
``(d) In order to implement this section, funds under
section 1002(6) may be used by a State for release time for
teachers and ad-
ministrators, travel, training, and other related costs.
``(e) Alternatives.--If a State has devised alternative or
additional approaches to providing the assistance described
in paragraphs (1) and (3) of subsection (c), such as
providing assistance through institutions of higher education
and educational service agencies or other local consortia,
the State may seek approval from the Secretary to use funds
authorized in section 1002(6) for such approaches as part of
the State plan.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) In General.--A local educational agency may receive
funds under this part only if it implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this title. Such activities shall be
planned and implemented with meaningful consultation with
parents of participating children.
``(b) Local Educational Agency Policy.--(1) Each local
educational agency that receives funds under this part shall
develop jointly with, and make available to, parents of
participating children a written parental involvement policy
that is incorporated into the local educational agency's plan
developed under section 1112, establishes the expectations
for parental involvement, and describes how the local
educational agency will--
``(A) involve parents in the development of the plan
described under section 1112, and the process of school
review and improvement described under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (f);
``(D) coordinate and integrate parental involvement
strategies in this part with parental involvement strategies
under other programs, including Head Start, Even Start,
Parents as Teachers, and State-run preschool programs; and
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy developed under this section in increasing
the participation of parents to identify barriers to greater
participation by parents in activities authorized by this
section, giving particular attention to parents who are
economically disadvantaged, are disabled, have limited-
English proficiency, have limited literacy, or are of any
racial or ethnic minority background and use the findings of
such reviews in designing strategies for school improvement.
``(2) If the local educational agency has an agency-wide
parental involvement policy that applies to all parents, it
may amend such policy, if necessary, to meet the requirements
of this subsection.
``(3) Each local educational agency shall reserve not less
than 1 percent of its allocation under this part for the
purposes of carrying out this section, including family
literacy and parenting skills.
``(c) School Parental Involvement Plan.--(1) Each school
served under this part shall jointly develop with, and make
available to, parents of participating children a written
parental involvement plan that shall be incorporated into the
school plan developed under section 1114 or 1115 and shall
describe the means for carrying out the requirements of
subsections (c) through (f).
``(2) If the school has a parental involvement policy that
applies to all parents, it may amend such policy, if
necessary, to meet the requirements of this subsection.
``(d) Policy Involvement.--Each school served under this
part shall--
[[Page 490]]
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of the school's
participation under this part and to explain this part, its
requirements, and the parent's right to be involved;
``(2) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the development of the school plan
under section 1114 or 1115 or if a school has in place a
process for involving parents in the planning and design of
its programs, the school may use such process, provided that
the process includes an adequate representation of parents of
participating children; and
``(3) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) school performance profiles required under section
1116(a)(2) and individual student assessment results,
including an interpretation of such results, required under
section 1111(b)(3);
``(C) opportunities for regular meetings to formulate
suggestions, if such parents so desire; and
``(D) timely responses to parents' recommendations.
``(e) Shared Responsibilities for High Student
Performance.--As a component of the school-level parental
involvement plan developed under subsection (b), each school
served under this part shall jointly develop with parents for
all children a school-parent compact that outlines how
parents, the entire school staff, and students will share the
responsibility for improved student achievement and the means
by which the school and parents will build and develop a
partnership to help children achieve the State's high
standards. Such compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and
effective learning environment that enable the children to
meet the State's challenging performance standards, and the
ways in which each parent will be responsible for supporting
his or her children's learning, including monitoring
attendance, homework completion, television watching, and
positive use of extracurricular time; and
``(2) address the importance of communication between
teachers and parents on an ongoing basis through at a
minimum--
``(A) parent-teacher conferences in elementary schools, at
least annually, during which the compact shall be discussed
as it relates to the individual child's achievement;
``(B) frequent reports to parents on their children's
progress; and
``(C) reasonable access to staff and observation of
classroom activities.
``(f) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve
student achievement, each school and local educational
agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the National Education Goals, the
State's content and performance standards, opportunity-to-
learn standards, State and local assessments, the
requirements of this part, and how to monitor a child's
progress and work with educators to improve the performance
of their children;
``(2) shall provide materials and training, including--
``(A) coordinating necessary literacy training from other
sources to help parents work with their children to improve
their children's achievement;
``(B) training to enable parents to work more effectively
with teachers, schools, and school systems; and
``(C) in the case of a school using funds under this part
to operate a preschool program, opportunities for parents to
learn about child development and child rearing issues
beginning at birth;
``(3) shall educate teachers, principals, and other staff
in the value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent programs,
and build ties between home and school;
``(4) shall develop appropriate roles for community-based
organizations and businesses in parent involvement
activities, including providing information about
opportunities for them to work with parents and schools, and
encouraging the formation of partnerships between elementary,
middle, and secondary schools and local businesses that
include a role for parents;
``(5) shall ensure, to the extent possible, that
information related to school and parent programs, meetings,
and other activities is sent to the homes of participating
children in the language used in such homes;
``(6) shall involve parents in the development of training
for teachers, principals, and other educators for the purpose
of improving the effectiveness of such training in improving
instruction and services to the children of such parents;
``(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such activities;
``(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs to enable parents to
participate in school-related meetings and training sessions;
``(9) may coordinate and integrate parent involvement
programs and activities with Head Start, Even Start, Parents
as Teachers, and State-run preschool programs;
``(10) may train and support parents to enhance the
involvement of other parents;
``(11) may arrange meetings at a variety of times, such as
in the mornings and evenings in order to maximize
opportunities of parents to participate in school related
activities;
``(12) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school; and
``(13) may adopt and implement model approaches to
improving parental involvement such as Even Start.
``(g) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools shall, to the extent practicable, ensure
that parents of limited-English proficient children or
disabled children are afforded the same access to parental
involvement opportunities as their children are afforded to
other programs funded under this part, including the
provision of information in a language and form that the
parents of such children can understand.
``SEC. 1119. PROFESSIONAL DEVELOPMENT.
``(a) Program Requirements.--(1) Local educational agencies
receiving assistance under this part shall provide high-
quality, sustained professional development that will improve
the teaching of the core academic subjects, consistent with
the State content standards, in order to enable all children
to meet the State's performance standards.
``(2) Professional development activities shall be designed
by teachers and other school staff in schools receiving
assistance under this part.
``(b) Professional Development Activities.--
``(1) Professional development activities shall--
``(A) support instructional practices that are geared to
challenging State content standards and create a school
environment conducive to high achievement in the core
academic subjects;
``(B) support local educational agency plans under section
1112 and school plans under sections 1114 and 1115;
``(C) draw on resources available under this part, title
III of the Goals 2000: Educate American Act, part A of title
II of this Act, and from other sources;
``(D) where appropriate, include strategies for developing
curricula and teaching methods that integrate academic and
vocational instruction (including applied learning and team
teaching strategies); and
``(E) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods,
and practices.
``(2) Professional development activities may include--
``(A) instruction in the use of assessments;
``(B) instruction in ways that teachers, principals, and
school administrators may work more effectively with parents;
``(C) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(D) instruction in the use of technology;
``(E) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for them to become licensed
and certified teachers;
``(F) instruction in ways to teach special needs children;
``(G) instruction in gender-equitable education methods,
techniques, and practices;
``(H) joint professional development activities involving
programs under this part, Head Start, Even Start, or State-
run preschool program personnel; and
``(I) instruction in experiential-based teaching methods
such as service learning.
``(c) Program Requirements.--Programs should be designed so
that--
``(1) all school staff in schoolwide program schools can
participate in professional development activities;
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(d) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation would be
appropriate.
``(e) Consortia.--In carrying out such professional
development programs, local educational agencies may provide
such services through consortia arrangements with other local
educational agencies, educational service agencies or other
local consortia, institutions of higher education or other
public or private institutions or organizations.
``(f) Effective Teaching Strategies.--Knowledge of
effective teaching strategies that is gained through
professional development activities under this section may be
shared with teachers who are not participating in schoolwide
or targeted assistance programs under this part.
``(g) Combinations of Funds.--Funds provided under this
part that are used for professional development purposes may
be com-
[[Page 491]]
bined with funds provided under part A of title II of this
Act, title III of the Goals 2000: Educate America Act, and
other sources.
``(h)(1) The State educational agency shall review the
local educational agency's plan to determine if such agency's
professional development activities--
``(A) are tied to challenging State student content and
performance standards;
``(B) reflect recent research on teaching and learning;
``(C) are of sufficient intensity and duration to have a
positive impact on the teacher's performance in the
classroom;
``(D) are part of the everyday activities of the school and
create an orientation toward continuous improvement in the
classroom or throughout the school;
``(E) include methods to teach children with special needs;
``(F) are developed with the extensive participation of
teachers; and
``(G) include gender-equitable education methods,
techniques, and practices.
``(2) If a local educational agency's plan for professional
development does not meet such criteria, the State
educational agency shall assist such local educational
agencies in making progress toward inclusion of such elements
in the local educational agency's professional development
activities.
``(i) Instructional Aides.--(1) If a local educational
agency uses funds received under this part to employ
instructional aides, the local educational agency shall
ensure that such aides--
``(A) possess the knowledge and skills sufficient to assist
participating children in meeting the educational goals of
this part;
``(B)(i) have a high school diploma, a General Education
Development certificate, or earn either within 2 years of
employment, except that
``(ii) a local educational agency may employ an
instructional aide that does not meet the requirement in
clause (i) if such aide possesses proficiency in a language
other than English that is needed to enhance the
participation of children in programs under this part; and
``(C) are under the direct supervision of a teacher who has
primary responsibility for providing instructional services
to eligible children.
``(2) Local educational agencies receiving funds under this
part shall include instructional aides in professional
development activities.
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) General Requirement.--(1) To the extent consistent
with the number of eligible children identified under section
1115(b) in a local educational agency who are enrolled in
private elementary and secondary schools, a local educational
agency shall, after timely and meaningful consultation with
appropriate private school officials, provide such children,
on an equitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equipment and
materials, other technology, and mobile educational services
and equipment).
``(2) The educational services or other benefits, including
materials and equipment, must be secular, neutral, and
nonideological.
``(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children
participating under this part.
``(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from low-
income families who attend private schools.
``(5) The local educational agency may provide such
services directly or through contracts with public and
private agencies, organizations, and institutions.
``(b) Public Control of Funds.--(1) The control of funds
provided under this part, and title to materials, equipment,
and property purchased with such funds, shall be in a public
agency, and a public agency shall administer such funds and
property.
``(2)(A) The provision of services under this section shall
be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(c) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or if
the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 9505 and 9506 of
this Act.
``(d) Capital Expenses.--(1)(A) From the amount
appropriated for this subsection under section 1002(5) for
any fiscal year, each State is eligible to receive an amount
that bears the same ratio to the amount so appropriated as
the number of private school children who received services
under this part in the State in the most recent year for
which data satisfactory to the Secretary are available bears
to the number of such children in all States in that same
year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2)(A) A local educational agency may apply to the State
educational agency for payments for capital expenses
consistent with this subsection.
``(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree of
need set forth in their respective applications.
``(3) Any funds appropriated to carry out this subsection
shall be used only for capital expenses incurred to provide
equitable services for private school children under this
section.
``(4) For the purpose of this subsection, the term `capital
expenses' is limited to--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and
personal property, including, but not limited to, mobile
educational units and leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1121. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency
may receive funds under this part for any fiscal year only if
the State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 9501 of this Act, including such effort for
professional development activities.
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--(1)(A) Except as provided in subparagraph
(B), a State or local educational agency shall use funds
received under this part only to supplement the amount of
funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of
pupils participating in programs assisted under this part,
and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a
State or local educational agency may exclude supplemental
State and local funds expended in any eligible school
attendance area or school for programs that meet the
requirements of section 1114 or 1115.
``(2) No local educational agency shall be required to
provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
``(c) Comparability of Services.--(1)(A) Except as provided
in paragraphs (4) and (5), a local educational agency may
receive funds under this part only if State and local funds
will be used in schools served under this part to provide
services that, taken as a whole, are at least comparable to
services in schools that are not receiving funds under this
part.
``(B) If the local educational agency is serving all of its
schools under this part, such agency may receive funds under
this part only if it will use State and local funds to
provide services that, taken as a whole, are substantially
comparable in each school.
``(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
``(2)(A) To meet the requirements of paragraph (1), a local
educational agency shall demonstrate that--
``(i) expenditures per pupil from State and local funds in
each school served under this part are equal to or greater
than the average expenditures per pupil in schools not
receiving services under this part; or
``(ii) instructional basic salaries per pupil from State
and local funds in each school served under this part are
equal or greater than the average instructional salaries per
pupil in schools not receiving services.
``(B) For the purpose of subparagraph (A), in the
determination of expenditures per pupil from State and local
funds or instructional salaries per pupil from State and
local funds, staff salary differentials for years of
employment shall not be included.
``(C) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year
in determining comparability of services under this
subsection.
``(3) Each local educational agency shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting its compliance.
``(4) This subsection shall not apply to a local
educational agency that does not have more than one building
for each grade span.
``(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude State
and local funds expended for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities.
``Subpart 2--Allocations
``SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for payments to States
[[Page 492]]
for any fiscal year under section 1002(a), the Secretary
shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (b).
``(b) Allotment to the Secretary of the Interior.--
``(1) The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year
shall be, as determined pursuant to criteria established by
the Secretary, the amount necessary to meet the special
educational needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary of
Education determines will best carry out the purposes of this
part, with respect to out-of-State Indian children described
in paragraph (1). The amount of such payment may not exceed,
for each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1123. ALLOCATIONS TO STATES.
``(a) General.--For each fiscal year, an amount of the
appropriations for this part equal to the appropriation for
fiscal year 1994 for part A of chapter 1, title I, Elementary
and Secondary Education Act, shall be allocated in accordance
with sections 1124 and 1124A. Any additional appropriations
for this part for any fiscal year, after application of the
preceding sentence, shall be allocated in accordance with
section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all local
educational agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the Secretary
shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of
this section.
``(2) If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal
year, allocations that were reduced under paragraph (1) shall
be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--Notwithstanding subsection
(b), the total amount made available to each local
educational agency under each of sections 1124 and 1125 for
any fiscal year shall be at least 85 percent of the total
amount such local educational agency was allocated under such
sections (or, for fiscal year 1995, their predecessor
authorities) for the preceding fiscal year.
``(d) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--
``(A) The grant which a local educational agency in a State
is eligible to receive under this subpart for a fiscal year
shall (except as provided in section 1126), be determined by
multiplying the number of children counted under subsection
(c) by 40 percent of the amount determined under the next
sentence. The amount determined under this sentence shall be
the average per pupil expenditure in the State except that
(i) if the average per pupil expenditure in the State is less
than 80 percent of the average per pupil expenditure in the
United States, such amount shall be 80 percent of the average
per pupil expenditure in the United States, or (ii) if the
average per pupil expenditure in the State is more than 120
percent of the average per pupil expenditure in the United
States, such amount shall be 120 percent of the average per
pupil expenditure in the United States. For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total population of
fewer than 20,000 persons, the State education agency may
either (I) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (II) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflect the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total population of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. The Secretary shall consult with
the Secretary of Commerce regarding whether available data on
population for local educational agencies serving areas with
total populations of fewer than 20,000 persons are
sufficiently reliable to be used to determine final grants to
such areas.
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with basic
criteria prescribed by the Secretary.
``(C) For each fiscal year, the Secretary shall determine
the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per
pupil expenditure of any of the 50 States. The grant which
the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart for a fiscal year shall be the amount
arrived at by multiplying the number of children counted
under subsection (c) for the Commonwealth of Puerto Rico by
the product of--
``(i) the percentage determined under the preceding
sentence; and
``(ii) 32 percent of the average per pupil expenditure in
the United States.
``(2) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--A local
educational agency shall be eligible for a basic grant for a
fiscal year under this subpart only if the number of children
counted under subsection (c) in the school district of such
local educational agency is at least 10.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under
paragraph (2)(A),
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (2)(B), and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such
institutions operated by the United States) or attending
community day programs for such children, but not counted
pursuant to subpart 3 of part D for the purposes of a grant
to a State agency, or being supported in foster homes with
public funds.
``(2) Determination of number of children.--
``(A) For the purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families below the poverty level on the basis of the
most recent satisfactory data available from the Department
of Commerce for local educational agencies (as produced and
published under section 181a of title 13, United States
Code). If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. The District of
Columbia and the Commonwealth of Puerto Rico shall be treated
as individual local educational agencies. If a local
educational agency contains two or more counties in their
entirety, then each county will be treated as if it were a
separate local educational agency for purposes of calculating
grants under this part. The total of grants for such counties
shall be allocated to such a local educational agency, which
shall distribute to schools in each county within it a share
of the local educational agency's total grant that is no less
than the county's share of the population counts used to
calculate the local educational agency's grant. If the
Department of Commerce has updated data on the number of
children, aged 5-17, from families below the poverty level
for local educational agencies, then the Secretary shall use
the updated data. In determining the families which are below
the poverty level, the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in compiling the
most recent decennial census, in such form as those criteria
have been
[[Page 493]]
updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
``(B) For purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families above the poverty level on the basis of the
number of such children from families receiving an annual
income, in excess of the current criteria of poverty, from
payments under the program of aid to families with dependent
children under a State plan approved under title IV of the
Social Security Act; and in making such determinations the
Secretary shall utilize the criteria of poverty used by the
Bureau of the Census in compiling the most recent decennial
census for a family of 4 in such form as those criteria have
been updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such children and
the number of children of such ages living in institutions
for neglected or delinquent children, or being supported in
foster homes with public funds, on the basis of the caseload
data for the month of October of the preceding fiscal year
(using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such
criteria required by such sentence which were determined for
the calendar year preceding such month of October) or, to the
extent that such data are not available to the Secretary
before January of the calendar year in which the Secretary's
determination is made, then on the basis of the most recent
reliable data available to the Secretary at the time of such
determination. The Secretary of Health and Human Services
shall collect and transmit the information required by this
subparagraph to the Secretary not later than January 1 of
each year.
``(C) When requested by the Secretary, the Secretary of
Commerce shall make a special updated estimate of the number
of children of such ages who are from families below the
poverty level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary is
authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a
State for the collection of additional census information.
For purposes of this section, the Secretary shall consider
all children who are in correctional institutions to be
living in institutions for delinquent children.
``(d) State Minimum.--
``(1) The aggregate amount allotted for all local
educational agencies within a State may not be less than one-
quarter of 1 percent of the total amount available for such
fiscal year under this section.
``(2)(A) No State shall, by reason of the application of
the provisions of paragraph (1) of this subsection, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (B),
whichever is less.
``(B) For the purpose of subparagraph (A)(ii), the amount
for each State equals--
``(i) the number of children in such State counted under
subsection (c) in the fiscal year specified in subparagraph
(A), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``(3) However, no State may receive less under this section
for fiscal years 1995 and 1996 than it received the preceding
year, or fiscal year 1993, whichever is greater, as a result
of application of paragraph (2).
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1)(A) Except as otherwise provided in this paragraph,
each local educational agency, in a State other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau, which is eligible for a grant under this
part for any fiscal year shall be entitled to an additional
grant under this section for that fiscal year if--
``(i) the number of children counted under section 1124(c)
of this part in the local educational agency for the
preceding fiscal year exceeds 6,500, or
``(ii) the number of children counted under section 1124(c)
exceeds 15 percent of the total number of children aged five
to seventeen, inclusive, in the local educational agency in
that fiscal year.
``(B) Except as provided in subparagraph (C), no State
described in subparagraph (A) shall receive less than--
``(i) one-quarter of 1 percent of the sums appropriated
under paragraph (6) of this section for such fiscal year; or
``(ii) $250,000, whichever is higher.
``(C) No State shall, by reason of the application of the
provisions of subparagraph (B)(i) of this paragraph, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (D),
whichever is less.
``(D) For the purpose of subparagraph (C), the amount for
each State equals--
``(i) the number of children in such State counted for
purposes of this section in the fiscal year specified in
subparagraph (B), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``(2) For each local educational agency eligible to receive
an additional grant under this section for any fiscal year
the Secretary shall determine the product of--
``(A) the greater of--
``(i) the number of children in excess of 6,500 counted
under section 1124(c) for the preceding fiscal year, in a
local educational agency which qualifies on the basis of
subparagraph (A)(i) of paragraph (1); or
``(ii) the number of children counted under section 1124(c)
for the preceding fiscal year in a local educational agency
which qualifies on the basis of subparagraph (A)(ii) of
paragraph (1); and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for the preceding fiscal year.
``(3) The amount of the additional grant to which an
eligible local educational agency is entitled under this
section for any fiscal year shall be an amount which bears
the same ratio to the amount reserved under paragraph (6) for
that fiscal year as the product determined under paragraph
(2) for such local educational agency for that fiscal year
bears to the sum of such products for all local educational
agencies in the United States for that fiscal year.
``(4) For the purposes of this section, the Secretary shall
determine the number of children counted under section
1124(c) for any local educational agency, and the total
number of children aged five to seventeen, inclusive, in
local educational agencies, on the basis of the most recent
satisfactory data available at the time the payment for such
local educational agency is determined under section 1124.
``(5)(A) For each local educational agency serving an area
with a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
education agency may either (i) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (ii) use an
alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that
is based on local educational agencies with total populations
of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of
fewer than 20,000 persons shall be based upon population data
that the State education agency determines best reflects the
current distribution of children in poor families among the
State's local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the
eligibility criteria of paragraph (1)(A). If a local
educational agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State education agency,
then it may appeal this determination to the Secretary. The
Secretary must respond to this appeal within 45 days of
receipt. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas
meeting the eligibility criteria of paragraph (1)(A).
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with the basic
criteria prescribed by the Secretary.
``(b) Reservation of Funds.--Of the total amount of funds
available for sections 1124 and 1125A, 10 percent of the
amount appropriated for that fiscal year shall be available
to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are entitled to receive under
subsection (a) for such fiscal year, the maximum amounts
which all States are entitled to receive under subsection (a)
for such fiscal year shall be ratably reduced. In case
additional funds become available for making such payments
for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the
same basis as they were reduced.
[[Page 494]]
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a
targeted grant under this section for any fiscal year if the
number of children in the local educational agency under
subsection 1124(c), before application of the weighting
factor, is at least 10.
``(b) Grants for Local Educational Agencies, the District
of Columbia, and Puerto Rico.--(1) The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of--
``(A) the number of children counted under subsection (c);
and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible under this
section shall be equal to the number of children counted
under subsection (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(1)(C).
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section shall be the number
counted in subsection 1124(c) multiplied by the weighting
factor for the local educational agency. The weighting factor
shall be established on the basis of the percentage that the
number of children counted under section 1124(c) represents
of the total population aged 5-17 years in the local
educational agency or the number of such children. Weighted
pupil counts will be calculated based upon both percentage
and number and the larger of the two counts will be used in
calculating grants for each local educational agency.
Weighting factors shall be assigned according to the
following scale: if the percentage is greater than 0 but less
than 14.265, the weighting factor shall be 1.00 for all
children counted in section 1124(c); if the percentage is
greater than 14.265 but less than 21.553, the weighting
factor shall be 1.00 for a number of children counted in
section 1124(c) equal to 14.265 percent of the total school
age population and 1.50 for children counted under section
1124(c) in excess of 14.265 percent of the total school age
population; if the percentage is greater than 21.553 percent
but less than 29.223 percent, then the weighting factor shall
be 1.00 for a number of children counted in section 1124(c)
equal to 14.265 percent of the total school age population,
1.50 for a number of children counted under section 1124(c)
equal to 7.288 percent of the total school age population,
and 2.00 for children counted under section 1124(c) in excess
of 21.553 percent of the total school age population; if the
percentage is greater than 29.223 percent but less than
36.538 percent, then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 14.265
percent of the total school age population, 1.50 for a number
of children counted under section 1124(c) equal to 7.288
percent of the total school age population, 2.00 for a number
of children counted under section 1124(c) equal to 7.67
percent of the total school age population, and 2.50 for
children counted under section 1124(c) in excess of 29.223
percent of the total school age population; and if the
percentage is greater than 36.538, then the weighting factor
shall be 1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school age
population, 1.50 for a number of children counted under
section 1124(c) equal to 7.288 percent of the total school
age population, 2.00 for a number of children counted under
section 1124(c) equal to 7.67 percent of the total school age
population, 2.50 for a number of children counted in section
1124(c) equal to 7.315 percent of the total school age
population, and 3.00 for children counted in section 1124(c)
in excess of 36.538 percent of the total school age
population. Separately, if the number of children counted
under section 1124(c) is greater than 0 but less than 575,
the weighting factor shall be 1.00 for all children counted
in section 1124(c); if the number is greater than 575 but
less than 1,870, the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
and 1.50 for children counted under section 1124(c) in excess
of 575; if the number is greater than 1,870 but less than
6,910, then the weighting factor shall be 1.00 for a number
of children counted in section 1124(c) equal to 575, 1.50 for
a number of children counted under section 1124(c) equal to
1,295, and 2.00 for children counted under section 1124(c) in
excess of 1,870; if the number is greater than 6,910 but less
than 42,000 then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
1.50 for a number of children counted under section 1124(c)
equal to 1,295, 2.00 for a number of children counted under
section 1124(c) equal to 5,040, and 2.50 for children counted
under section 1124(c) in excess of 6,910; and if the number
is greater than 42,000, then the weighting factor shall be
1.00 for a number of children counted in section 1124(c)
equal to 575, 1.50 for a number of children counted under
section 1124(c) equal to 1,295, 2.00 for a number of children
counted under section 1124(c) equal to 5,040, 2.50 for a
number of children counted in section 1124(c) equal to 35,090
and 3.00 for children counted in section 1124(c) in excess of
42,000. For the Commonwealth of Puerto Rico, the weighting
factor shall be no greater than 1.62.
``(d) Local Educational Agency Allocations.--For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of
fewer than 20,000 persons, the State education agency may
either (1) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (2) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflects the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total populations of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. If, and only if, there are
portions of any of the States for which the Department of
Commerce has not prepared data on the number of children,
aged 5-17, from families below the poverty level for local
educational agencies, then the Secretary shall use such data
compiled for counties in those portions of the States,
treating the counties as if they were local educational
agencies. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas.
``(e) State Minimum.--Notwithstanding any other provision
of this section, from the total amount available for any
fiscal year to carry out this section, each State shall be
allotted at least the lesser of--
``(1) one quarter of one percent of such amount;
``(2) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected or Delinquent Children.--
(1) If a State educational agency determines that a local
educational agency in the State is unable or unwilling to
provide for the special educational needs of children who are
living in institutions for neglected or delinquent children
as described in subparagraph 1124(c)(1)(C), the State
educational agency shall, if it assumes responsibility for
the special educational needs of such children, receive the
portion of such local educational agency's allocation under
sections 1124, 1124A, and 1125 that is attributable to such
children.
``(2) If the State educational agency does not assume such
responsibility, any other State or local public agency that
does assume such responsibility shall receive that portion of
the local educational agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 between and among the
affected local educational agencies when--
``(1) two or more local educational agencies serve, in
whole or in part, the same geographical area; or
``(2) a local educational agency provides free public
education for children who reside in the school district of
another local educational agency.
``(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds
in accordance with criteria established by the State
educational agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 412
of the General Education Provisions Act or any other
provision of law, not more than 15 percent of the funds
allocated to a local educational agency for any fiscal year
under this subpart (but not including funds received through
any reallocation under this subpart) may remain available for
obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection
(a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart for
any fiscal year.
``Subpart 3--Presidential Awards Program
``SEC. 1131. PRESIDENTIAL AWARDS PROGRAM.
``(a) Development.--The Secretary may develop a
Presidential awards program that
[[Page 495]]
will recognize the person or corporation producing the best
education game of the year.
``(b) Nominations.--Games recognized under this program
shall be selected by the Secretary from a list of nominees or
applicants submitted by a panel of experts who convene
annually at the request of the Secretary.
``(c) Selection.--The Secretary shall annually convene a
panel of experts who will review nominations and applicants
in selecting recipients who will receive awards under this
section. Games selected for awards under this section may be
eligible to receive other awards.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of
poverty and illiteracy by improving the educational
opportunities of the Nation's low-income families by
integrating early childhood education, adult literacy or
adult basic education, and parenting education into a unified
family literacy program, to be referred to as `Even Start',
that is implemented through cooperative projects that build
on existing community resources to create a new range of
services, that promotes achievement of the National Education
Goals, and that assists children and adults from low-income
families to achieve challenging State standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas,
Indian Tribes, and Other Purposes.--(1) In each fiscal year,
the Secretary shall reserve not less than 5 percent of the
amount appropriated under section 1002(b) of this title for
programs, under such terms and conditions as the Secretary
shall establish, that are consistent with the purpose of this
part, and according to their relative needs, for--
``(A) children of migratory workers;
``(B) the outlying areas; and
``(C) Indian tribes and tribal organizations.
``(2) If the amount of funds made available under
subsection (a) exceeds $4,600,000, the Secretary shall make a
grant of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and their
preschool age children and that has the capability of
developing a program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than three percent of such amounts or the amount
reserved for such purposes in the fiscal year 1994, whichever
is greater, for purposes of--
``(1) carrying out the evaluation required by section 1209;
and
``(2) providing, through grants or contracts, technical
assistance, program improvement, and replication activities
through eligible organizations.
``(c) State Allocation.--(1) After reserving funds under
subsections (a) and (b), the Secretary shall allocate the
remaining funds appropriated for this part to States, to be
used in accordance with section 1203.
``(2) Except as provided in paragraph (3), from the total
amount available for allocation to States in any fiscal year,
each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to such
total amount as the amount allocated to such State under
section 1122 of this title bears to the total amount
allocated under that section to all the States.
``(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
``(d) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership
composed of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization, public
agency, institution of higher education, or other public or
private nonprofit organization of demonstrated quality;
``(2) the terms `Indian tribe' and `tribal organization'
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act;
``(3) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
and
``(4) the term `eligible organization' means any public or
private nonprofit organization with a record of providing
effective services to family literacy providers, such as the
National Center for Family Literacy, Parents as Teachers,
Inc., and the Home Instruction Program for Preschool
Youngsters.
``SEC. 1203. STATE PROGRAMS.
``(a) State-Level Activities.--Each State that receives a
grant under section 1202(c)(1) may use not more than 5
percent for--
``(1) administrative costs; and
``(2) the provision, through one or more subgrants or
contracts, of access to technical assistance for program
improvement and replication to eligible entities that receive
subgrants under subsection (b).
``(b) Subgrants for Local Programs.--(1) Each State shall
use the remainder of its grant to make subgrants to eligible
entities to carry out Even Start programs.
``(2) No State shall award a subgrant under paragraph (1)
for an amount less than $75,000.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program
under this part, a recipient of funds under this part shall
use such funds to pay the Federal share of the cost of
providing family-centered education programs that involve
parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
``(b) Federal Share Limitation.--(1)(A) Except as provided
in paragraph (2), the Federal share under this part may not
exceed--
``(i) 90 percent of the total cost of the program in the
first year that that program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program under this part may
be provided in cash or in kind, fairly evaluated, and may be
obtained from any source other than funds received under this
title.
``(2) The State educational agency may waive, in whole or
in part, the cost-sharing requirement of paragraph (1) if an
eligible entity--
``(A) demonstrates that it otherwise would not be able to
participate in the program under this part; and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver would be applicable.
``(3) Federal funds under this part may not be used for the
indirect costs of an Even Start program, except that the
Secretary may waive this limitation if a recipient of funds
reserved under section 1202(a)(3) demonstrates to the
Secretary's satisfaction that it otherwise would not be able
to participate in the program under this part.
``SEC. 1205. PROGRAM ELEMENTS.
``Each Even Start program assisted under this part shall--
``(1) include the identification and recruitment of
families most in need of services provided under this part,
as indicated by a low level of income, a low level of adult
literacy or English language proficiency of the eligible
parent or parents, and other need-related indicators;
``(2) include screening and preparation of parents and
children to enable them to participate fully in the
activities and services provided under this part, including
testing, referral to necessary counselling, other
developmental and support services, and related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision
of support services, when unavailable from other sources,
necessary for participation, such as--
``(A) scheduling and locating of services to allow joint
participation by parents and children;
``(B) child care for the period that parents are involved
in the program provided under this part; and
``(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized by
this part;
``(4) include high-quality instructional programs that
promote adult literacy, empower parents to support the
educational growth of their children, developmentally
appropriate early childhood educational services, and
preparation of children for success in regular school
programs;
``(5) include special training of staff, including child
care staff, to develop the skills necessary to work with
parents and young children in the full range of instructional
services offered through this part;
``(6) provide and monitor integrated instructional services
to participating parents and children through home-based
programs;
``(7) operate on a year-round basis, including the
provision of some program services, either instructional or
enrichment, or both, during the summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this title and
this Act;
``(B) any relevant programs under the Adult Education Act,
the Individuals With Disabilities Education Act, and the Job
Training Partnership Act; and
``(C) the Head Start program, volunteer literacy programs,
and other relevant programs; and
``(9) provide for an independent evaluation of the program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
``(2) the child or children, from birth through age seven,
of any parent described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--(1)
Family members other than those described in subsection (a)
may participate in program activities and services, when
deemed by the program to serve the purpose of this part.
``(2) Any family participating in a program under this part
that becomes ineligible for such participation as a result of
one or more members of the family becoming ineligible for
such participation may continue to participate in the program
until all members of
[[Page 496]]
the family become ineligible for participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents
of such family, shall be when all children in the family
attain the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant
under this part, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
``(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by an
eligible organization.
``(c) Plan.--Such application shall also include a plan of
operation for the program which shall include--
``(1) a description of the program goals;
``(2) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1205;
``(3) a description of the population to be served and an
estimate of the number of participants;
``(4) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations
in carrying out the program for which assistance is sought;
``(5) a statement of the methods that will be used--
``(A) to ensure that the programs will serve families most
in need of the activities and services provided by this part;
``(B) to provide services under this part to individuals
with special needs, such as individuals with limited English
proficiency and individuals with disabilities; and
``(C) to encourage participants to remain in the program
for a time sufficient to meet the program's purpose; and
``(6) a description of how the plan--
``(A)(i) is consistent with and promotes the goals of the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act; and
``(ii) is consistent with the State and local plans under
sections 1111 and 1112; or
``(B) is consistent with the State and local plans under
sections 1111 and 1112 is the State does not have an approved
plan under title III of the Goals 2000: Educate America Act
and is not developing such a plan.
``(d) The plan described in subsection (c)(6) may be
submitted as part of a consolidated application under section
9302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--(1) The State educational agency
shall establish a review panel that will approve applications
that--
``(A) are most likely to be successful in meeting the
purpose of this part, and in effectively implementing the
program elements required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children
and fami-
lies who are in need of such services as indicated by high
levels of poverty, illiteracy, unemployment, or limited
English proficiency;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
additional funding required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) The State educational agency shall give priority for
subgrants under this subsection to proposals that either--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(b) Review Panel.--A review panel shall consist of at
least three members, including one early childhood
professional, one adult education professional, and one or
more of the following individuals:
``(1) A representative of a parent-child education
organization.
``(2) A representative of a community-based literacy
organization.
``(3) A member of a local board of education.
``(4) A representative of business and industry with a
commitment to education.
``(5) An individual who has been involved in the
implementation of programs under this title in the State.
``(c) Duration.--(1) Subgrants may be awarded for a period
not to exceed four years.
``(2) The State educational agency may provide a
subgrantee, at the subgrantee's request, a 3- to 6-month
start-up period during the first year of the four-year
period, which may include staff recruitment and training, and
the coordination of services, before requiring full
implementation of the program.
``(3)(A) In reviewing any application for a subgrant to
continue a program for the second, third, or fourth year, the
State educational agency shall review the progress being made
toward meeting the objectives of the program after the
conclusion of the start-up period, if any.
``(B) The State educational agency may refuse to award a
subgrant if such agency finds that sufficient progress has
not been made toward meeting such objectives, but only after
affording the applicant notice and an opportunity for a
hearing.
``(4)(A) An eligible entity that has previously received a
subgrant under this part may reapply under the terms of this
part for a second project period.
``(B) During the second project period, the Federal share
of the subgrant shall not exceed 50 percent in any year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs under this part--
``(1) to determine the performance and effectiveness of
programs; and
``(2) to identify effective Even Start projects that can be
replicated and used in providing technical assistance to
national, State, and local programs.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the
educational disruptions and other problems that result from
repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a coordinated
and efficient manner;
``(3) ensure that migratory children have the opportunity
to meet the same challenging performance standards that all
children are expected to meet;
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers,
social isolation, various health-related problems, and other
factors that inhibit their ability to do well in school, and
to prepare these children to make a successful transition to
postsecondary education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under
this part, for each fiscal year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and
the full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (e);
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average expenditure per pupil in the United
States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average expenditure per pupil
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average expenditure per pupil in
the United States.
``(c) Ratable Reductions; Reallocations.--(1)(A) If, after
the Secretary reserves funds under section 1308(c), the
amount appropriated to carry out this part for any fiscal
year is insufficient to pay in full the amounts for which all
States are eligible, the Secretary shall ratably reduce each
such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate
such funds to States in amounts that the Secretary finds
would best carry out the purpose of this part.
``(2)(A) The Secretary shall further reduce the amount of
any grant to a State under this part for any fiscal year if
the Secretary determines, based on available information
[[Page 497]]
on the numbers and needs of migratory children in the State
and the program proposed by the State to address such needs,
that such amount exceeds the amount required under section
1304.
``(B) The Secretary shall reallocate such excess funds to
other States whose grants under this part would otherwise be
insufficient to provide an appropriate level of services to
migratory children, in such amounts as the Secretary
determines are appropriate.
``(d) Consortium Arrangements.--(1) In the case of a State
that receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate entity
would result in delivery of services in a more effective and
efficient manner.
``(2) A State, irrespective of the amount of its
allocation, may propose a consortium arrangement.
``(3) The Secretary shall approve a consortium arrangement
under paragraph (1) or (2) if the proposal demonstrates that
the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order
to determine the estimated number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) as soon as feasible develop and implement a procedure
for more accurately reflecting cost factors for different
types of summer program designs which will be used to adjust
the estimated number of children who reside in a State in
order to reflect the number of migratory children who are
served in summer programs (which may include intersession
programs) in the State and the additional costs of operating
such programs; and
``(3) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State wishing to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Program Information.--Each such application shall
include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects under this part, the State
and its operating agencies will ensure that the special
educational needs of migratory children are identified and
addressed through a comprehensive plan for needs assessment
and service delivery that meets the requirements of section
1306, including, when feasible, recording the migratory
status of such children and their average daily attendance on
State student collection data;
``(2) a description of the steps the State is taking to
provide migratory students with the opportunity to meet the
same challenging performance standards that all children are
expected to meet;
``(3) a description of how the State will use its funds to
promote interstate and intrastate coordination of services
for migratory children, including how, consistent with
procedures the Secretary may require, it will provide for
educational continuity through the timely transfer of
pertinent school records, including information on health,
when children move from one school to another, whether or not
during the regular school year;
``(4) a description of the State's priorities for the use
of funds received under this part, and how they relate to the
State's assessment of needs for services in the State;
``(5) a description of how the State will determine the
amount of any subgrants it will award to local operating
agencies, taking into account the requirements of paragraph
(1); and
``(6) such budgetary and other information as the Secretary
may require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1306(b)(1); and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States,
as well as with other Federal programs that can benefit
migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of sections 1114,
1115(b) and (d), 1120, and 1121(b) and (c), and part F of
this title;
``(3) in the planning and operation of programs and
projects at both the State and local operating agency level,
there is appropriate consultation with parent advisory
councils for programs lasting a school year, and that all
such programs and projects are carried out, to the extent
feasible, in a manner consistent with section 1118 of this
title;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part
A of this title; and
``(6) the State will assist the Secretary in determining
the number of migratory children under section 1303(e),
through such procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who are failing, or
most at risk of failing, to meet the State's challenging
performance standards, and whose education has been
interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through
other programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve
each State application that meets the requirements of this
part.
``(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--Each State that receives a grant
under this part shall ensure that the State and its local
operating agencies identify and address the special
educational needs of migratory children in accordance with a
comprehensive State plan that--
``(1)(A) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act and satisfies the requirements of
this section that are not already addressed by such State
plan; and
``(B) is integrated with other State plans, if any, under
the School-To-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Act to the extent
that such plans have not already been incorporated in the
State's plan under title III of the Goals 2000: Educate
America Act;
``(2) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(A) is integrated with other State plans, such as those
under the School-To-Work Opportunities Act of 1993 and the
Carl D. Perkins Vocational and Applied Technology Act, where
such plans exist; and
``(B) satisfies the requirements of this section;
``(3) may be submitted as a part of a consolidated
application under section 9302;
``(4) provides that migratory children will have an
opportunity to meet the same challenging performance
standards, set out in those plans, that all children are
expected to meet;
``(5) specifies measurable program goals and outcomes;
``(6) encompasses the full range of services that are
available for migratory children from appropriate local,
State and Federal educational programs;
``(7) is the product of joint planning among such local,
State, and Federal programs, including those under part A of
this title, early childhood programs, and bilingual education
programs under title VII of this Act;
``(8) provides for the integration of services available
under this part with services provided by such other
programs; and
``(9) to the extent feasible, provides for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing them of, or
helping them gain access to, other education, health,
nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) parent involvement programs (as defined under section
1118) and, when feasible, the establishment of instructional
programs such as use of the model developed under the Even
Start Family Literacy Programs that promote adult literacy
and train parents to support the educational growth of their
children;
``(D) the integration of communication and information
technology into educational and related programs; and
``(E) programs to facilitate the transition of high school
students to postsecondary education or employment.
A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved
plan under title III of the Goals 2000: Educate America Act.
``(b) Authorized Activities.--(1) In implementing the
comprehensive plan described in subsection (a), each local
operating agency shall have the flexibility to determine the
activities to be provided with funds made available under
this part, provided that--
[[Page 498]]
``(A) before funds provided under this part are used to
provide services described in subparagraph (B), those funds
shall be used to meet the identified needs of migratory
children that--
``(i) result from the effects of their migratory lifestyle,
or are needed to permit migratory children to participate
effectively in school; and
``(ii) are not addressed by services provided under other
programs, including part A of this title; and
``(B) all migratory children who are eligible to receive
services under part A of this title shall receive such
services with funds provided under this part or under part A
of this title.
``(2) This subsection shall not apply to funds under this
part that are used for schoolwide programs under section 1114
of this title.
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's
allocation under this part to make arrangements with any
public or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--The Secretary, in
consultation with the States, may make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, and
other public and private nonprofit entities to improve the
interstate and intrastate coordination among State and local
educational agencies of their educational programs, including
the establishment or improvement of programs for credit
accrual and exchange, available to migratory students. Grants
under this subpart may be made for up to 5 years.
``(b) Assistance and Reporting.--(1) Within 60 days of
enactment, the Secretary shall convene a panel of Chief State
School Officers and technical experts to assess alternative
methods by which student records may be transferred from one
school to another. Within 150 days of having been convened,
the panel shall make recommendations to the Secretary on how
schools may adopt the most cost-effective means of exchanging
of school records. The Secretary shall also develop the most
cost-effective and accurate method of determining the number
of students or full-time equivalent students in each State on
a yearly basis. The Secretary shall report to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate the
panel's findings and the Secretary's recommendations.
``(2) The Secretary may contract for services for purposes
of this section.
``(c) Availability of Funds.--For the purpose of carrying
out this section, the Secretary shall reserve up to
$6,000,000 from the amount appropriated under section 1002(3)
for each fiscal year to carry out this part.
``(d) Competitive Grants.--From the amounts made available
for this section, the Secretary shall reserve not more than
$1,500,000 to award, on a competitive basis, grants in the
amount of up to $100,000 each to State educational agencies
with consortium agreements described under section 1303(d).
Not less than 10 of such grants shall be awarded to States
which receive allocations of less than $1,000,000 if such
States have approved agreements.
``SEC. 1309. DISTANCE LEARNING.
``(a) Program.--The Secretary may establish a distance
learning program to provide, through competitive grants,
continuity in the education of migrant children using
technology, interactive learning, computers, and automated
technology links achieved with modems and telephone networks.
``(b) Funds.--Not more than $3,000,000 may be used to
establish the program under subsection (a).
``SEC. 1310. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `local operating agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with which a
State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
``(C) a State educational agency, if the State educational
agency operates the State's migrant education program or
projects directly.
``(2) The term `migratory child' means--
``(A) for fiscal year 1996 and subsequent years, a child
who is, or whose parent or spouse is, a migratory
agricultural worker (including a migratory dairy worker) or a
migratory fisher, and who, in the preceding 24 months, in
order to obtain, or accompany such parent or spouse in order
to obtain, temporary or seasonal employment in agricultural
or fishing work--
``(i) has moved from one local educational agency to
another; or
``(ii) in a State that is comprised of a single local
educational agency, has moved from one administrative area to
another within such agency; or
``(B) for fiscal year 1995 only, a child fulfilling the
requirements of subparagraph (A) for a period of 36 months
instead of for 24 months.
``PART D--PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
``(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
``(3) Preventing students from dropping out of local
schools and addressing the educational needs of delinquent
youth can help reduce the dropout rate and involvement in
delinquent activities at the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students
often return to their home school ill-prepared to meet
current curriculum requirements.
``(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal with
the unique educational and other needs of such youth.
``(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
``(9) Such youth need a strong dropout prevention program
which provides them with high level skills and which provides
supports to youth returning from correctional facilities in
order to keep them in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local
and State institutions for delinquent children so that they
have the opportunity to meet the same challenging State
performance standards that all children in the State will be
expected to meet;
``(2) to provide such children the services they need to
make a successful transition from institutionalization to
further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the
purpose of this part, the Secretary shall make grants to
State educational agencies, which shall make subgrants to
State agencies and local educational agencies to establish or
improve programs of education for delinquent children and
youth at risk of dropping out of school before graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 1403, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
``(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilities, or attending community day programs for
delinquent children.
``(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
``Subpart 1--State Agency Programs
``SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
``(a) State Allocation.--Each State educational agency is
eligible to receive under this part, for each fiscal year, an
amount equal to the product of--
``(1) the number of delinquent children in State
correctional facilities serving youth under the age of 21 who
are enrolled for at least 20 hours per week in education
programs operated or supported by facilities serving youth,
and 10 hours a week in adult facilities serving youth.
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent or more than 48
percent of the average per-pupil expenditure in the United
States.
``(b) Subgrants to State Agencies In Puerto Rico.--For each
fiscal year, the amount of the grant for which a State agency
in the Commonwealth of Puerto Rico is eligible under this
part shall be equal to--
``(1) the number of children counted under subsection
(a)(1) for Puerto Rico; multiplied by the product of--
``(A) the percentage that the average per-pupil expenditure
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``SEC. 1404. STATE PLAN.
``(a) State Plan.--(1)(A) Each State educational agency
that desires to receive payments under this part shall
submit, for approval by the Secretary, a plan, which shall be
revised and updated as needed, for meet-
[[Page 499]]
ing the needs of delinquent youth and children at risk of
dropping out that--
``(i) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by such State plan; or
``(ii) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act or is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(B) A State plan submitted under paragraph (1)(A)(i) may,
if necessary, be submitted as an amendment to the State's
plan under title III of the Goals 2000: Educate America Act.
``(2) Each such plan shall also--
``(A) describe the State-established program goals,
objectives, and performance measures that will be used to
assess the effectiveness of the program in improving academic
and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as they would have
if they were in schools of local educational agencies in the
State;
``(C) describe the manner in which such State educational
agency will make subgrants; and
``(D) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part will be
carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1408;
``(iii) ensure that its State agencies comply with all
applicable statutory and regulatory requirements; and
``(iv) provide such other information as the Secretary may
reasonably require.
``(b) Secretarial Approval; Peer Review.--(1) The Secretary
shall approve each State plan that meets the requirements of
this part.
``(2) The Secretary may review any such plan with the
assistance and advice of individuals with relevant expertise.
``(c) Subgrants to State Agencies.--A State agency is
eligible for assistance under this part if it is responsible
for providing free public education for children in
institutions for delinquent children.
``(d) State Agency Applications.--A State agency that
desires to receive funds to carry out a program under this
part shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under part A of this title, to assess the
educational needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided;
``(4) describes how the program will meet the goals and
objectives of the State plan under this part;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1406 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the results
of the most recent evaluation are used to plan and improve
the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 9501 of this title;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, including the
Job Training Partnership Act, vocational education, State and
local dropout prevention programs, and special education;
``(9) describes how appropriate professional development
will be provided to teachers and other instructional and
administrative personnel;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally
operated programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating youth;
``(12) describes how the agency will assist in locating
alternative programs through which students can continue
their education if they are not returning to school after
leaving the correctional facility;
``(13) describes how the agency will work with parents to
secure their assistance in improving the educational
achievement of their children and preventing their further
involvement in delinquent activities;
``(14) describes how the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will
notify the youth's local school if such youth is identified
as in need of special education services while the youth is
in the facility and if the youth intends to return to the
local school;
``(15) describes how the agency will work with youth who
dropped out of school before entering the facility to
encourage such youth to reenter school once their term has
been completed or provide the youth with the skills necessary
to gain employment, continue their education, or achieve a
high school equivalency certificate if the youth does not
intend to return to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking
into consideration the unique needs of such students;
``(17) describes any additional services provided to youth,
including career counseling, assistance in securing student
loans, grants; and
``(18) describes how this program will be coordinated with
any programs operated under the Juvenile Justice and
Delinquency Act, if applicable.
``SEC. 1405. USE OF FUNDS.
``(a) General.--(1) A State agency shall use funds received
under this part only for programs and projects that--
``(A) are consistent with the State plan referred to in
section 1404(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to high school completion, further education, or employment.
``(2) Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
1406, are provided to children identified by the State agency
as failing, or most at risk of failing, to meet the State's
challenging performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the State
agency; and
``(iii) afford such children an opportunity to learn to
such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1119(b) and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 1408.
``(b) Supplement, Not Supplant.--A program under this part
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the `supplement, not supplant' requirement of
section 1119(b) of this title without regard to the subject
areas in which instruction is given during those hours.
``SEC. 1406. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children in an institution for delinquent children may use
funds received under this part to serve all children in, and
upgrade the entire educational effort of, such institution or
program if the State agency has developed, and the State
educational agency has approved, a comprehensive plan for
such institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a 2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children under 21 with the
opportunity to meet challenging academic and vocational
standards in order to improve the likelihood that the
students will complete high school, attain high school
equivalency, or find employment after leaving the
institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the
provision of mentors for secondary school students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
for delinquent children and personnel from the State
educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training to teachers and other
instructional and administrative personnel to enable them to
carry out the project effectively.
``SEC. 1407. THREE-YEAR PROJECTS.
``If a State agency operates a program under this part in
which individual children are likely to participate for more
than one year, the State educational agency may approve the
State agency's application for a subgrant under this part for
a period not to exceed 3 years.
``SEC. 1408. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount it receives under this
part for any fiscal year to support projects that facilitate
the transition of children from State-operated institutions
to local educational agencies.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
nonprofit organizations.
[[Page 500]]
``(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include counseling and mentoring, to
delinquent children in schools other than State-operated
institutions.
``Subpart 2--Local Agency Programs
``SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained under section
1402(2), the State educational agency shall make subgrants to
local educational agencies with--
``(1) a high number or percentage of youth who are residing
in local (including county) correctional facilities for youth
(including those involved in day programs); and
``(2) which have the highest numbers or percentage of youth
in the State which have dropped out of school in the
preceding fiscal year.
``(b) Notification.--A State educational agency shall
notify local educational agencies which meet the criteria of
subsection (a) of their eligibility for participation in the
program.
``(c) Purpose of Local Educational Agency Programs.--The
purpose of this section is the operation of local educational
agency programs which involve collaboration between local
educational agencies and local correctional facilities
serving such youth to--
``(1) continue transition activities for youth returning
from such facilities;
``(2) to operate dropout prevention programs in local
schools for youth at risk of dropping out and youth returning
from correctional facilities; and
``(3) to prepare youth who have finished their period of
incarceration for employment, high school completion, and
further education.
``(d) Local Educational Agency Applications.--(1) Eligible
local educational agencies which choose to take part in
programs funded under this section shall submit an
application to the State educational agency, containing such
information on programs to be operated under this section as
the State educational agency may require, and which shall
include--
``(1) a description of formal agreements between the local
educational agency and correctional facilities and
alternative school programs serving youth involved with the
juvenile justice system to operate programs for delinquent
youth;
``(2) a description of how participating schools will
coordinate with facilities working with delinquent youth to
ensure that such youth are participating in an education
program comparable to one operating in the local school such
youth would attend;
``(3) a description of the dropout prevention program
operated by participating schools and the types of services
such schools will provide to at risk youth in participating
schools and youth returning from correctional facilities;
``(4) a description of the youth expected to be served by
the dropout prevention program and how the school will be
coordinating existing educational programs to meet unique
education needs;
``(5) a description of how schools will coordinate with
existing social and health services to meet the needs of
students at risk of dropping out of school and other
participating students, including prenatal health care and
nutrition services related to the health of the parent and
child, parenting and child development classes, child care,
targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(6) a description of any partnerships with local
businesses to develop training and
mentoring services for participating students;
``(7) a description of how the program will involve parents
in efforts to improve the education achievement of their
children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent
activities;
``(8) a description of how this program will be coordinated
with other Federal, State, and local programs, including the
Job Training and Partnership Act and vocational education
programs serving this at risk population of youth;
``(9) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act, if applicable;
``(10) a description of how schools will work with
probation officers to assist in meeting the needs of youth
returning from correctional facilities;
``(11) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
``(12) a description of the steps participating schools
will take to find alternative placements for youth interested
in continuing their education but unable to participate in a
regular public school program.
``(e) Uses of Funds.--Funds provided to local educational
agencies under this section may be used for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parent teens, youth
who have come in contact with the juvenile justice system,
youth at least one year behind their expected grade level,
migrants, immigrants, students with limited-English
proficiency and gang members;
``(2) the coordination of health and social services for
such youth if there is a likelihood that the provision of
such services including day care and drug and alcohol
counseling, will improve the likelihood such students will
complete their education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out, which may include vocational
education, special education, career counseling, and
assistance in securing student loans or grants.
``(f) Program Requirements for Correctional Facilities
Receiving Funds Under This Section.--Each facility entering
into a partnership with a local educational agency to provide
services to youth under this section shall--
``(1) ensure educational programs in juvenile facilities
are coordinated with the student's home school, particularly
with respect to special education students with an
individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education servicers while in
the facility;
``(3) provide transition assistance to help the youth stay
in school, including coordination of services for the family,
counseling, assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
``(4) provide support programs which encourage the youth
who have dropped out to reenter school once their term has
been completed or provide such youth with the skills
necessary for them to gain employment or seek a high school
equivalency certificate;
``(5) work to ensure facilities are staffed with teachers
and other qualified staff who are also trained to work with
children with disabilities and other special needs students
taking into consideration such unique needs;
``(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
``(7) use, to the extent possible, technology to assist
coordinating educational programs between the juvenile
facility and community school;
``(8) involve parents in efforts to improve the educational
achievement of their children and prevent the further
involvement of such children in delinquent activities;
``(9) coordinate funds received under this program with
other available State, local, and Federal funds to provide
services to participating youth, including the Job Training
Partnership Act, and vocational education;
``(10) coordinate programs operated under this section with
activities funded under the Juvenile Justice and Delinquency
Prevention Act, if applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``(g) Accountability.--The State educational agency may--
``(1) reduce or terminate funding for projects funded under
this section in local educational agencies if such agencies
do not show progress in reducing dropout rates for male
students and for female students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after 3
years, that there has been an increase in the number of youth
returning to school, obtaining high school equivalency
certificates, or obtaining employment after such youth are
released.
``SEC. 1411. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or
2 shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity,
and age, not less than once every 3 years to determine its
impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) for delinquent youth, make the transition to a
regular program or other education program operated by a
local educational agency; and
``(4) complete high school (or high school equivalency
requirements) and obtain employment after leaving the
institution.
``(b) Evaluation Measures.--In conducting each such
evaluation with respect to subsection (a)(1), a State agency
or local educational agency shall use multiple and
appropriate measures of student progress.
``(c) Evaluation Results.--Each State agency and local
educational agency shall--
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children.
``SEC. 1412. DEFINITIONS.
``For the purpose of this part, the following terms have
the following meanings:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a
conviction for a criminal offense, including persons under 21
years of age.
``(2) The term `at risk youth' means school aged youth who
are at risk of academic failure, have drug or alcohol
problems, are pregnant or are parents, have come into contact
with the juvenile justice system in the past, are at least
one year behind the expected grade level for such age, have
limited-English proficiency, are gang members, have dropped
out in the past, or have high absenteeism rates.
``(3) The term `community-day program' means a regular
program of instruction provided by a State agency at a
community-day
[[Page 501]]
school operated specifically for delinquent children.
``(4) The term `institution for delinquent children' means
a public or private residential facility for the care of
children who have been adjudicated to be delinquent or in
need of supervision.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--(1) The Secretary shall conduct
a national assessment of programs under this title, in
coordination with the ongoing Chapter 1 Longitudinal Study
under subsection (b) of this section, that shall be planned,
reviewed, and conducted in consultation with an independent
panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
``(2) The assessment shall examine how well schools, local
educational agencies, and States--
``(A) are progressing toward the goal of all children
served under this title reaching the State's content and
performance standards; and
``(B) are accomplishing the specific purposes set out in
section 1001(d) of this title to achieve this goal,
including--
``(i) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children reach them;
``(ii) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time that children receive;
``(iii) promoting schoolwide reform and access of all
children to effective instructional strategies and
challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities for
professional development;
``(v) are using any of the voluntary model State
opportunity-to-learn standards that may have been implemented
and whether they are useful in improving learning;
``(vi) coordinating services under all parts of this title
with each other, with other educational services, including
preschool services, and, to the extent feasible, with health
and social service programs funded from other sources;
``(vii) affording parents meaningful opportunities to
participate in the education of their children at home and at
school, including the provisions of family literacy services;
``(viii) distributing resources to areas where needs are
greatest;
``(ix) improving accountability, as well as teaching and
learning, by making assessments under this title congruent
with State assessment systems; and
``(x) providing greater decisionmaking authority and
flexibility to schools in exchange for greater responsibility
for student performance.
``(3) Where feasible, the Secretary shall use information
gathered from a variety of sources, including the National
Assessment of Educational Progress, State evaluations, and
available research studies in carrying out this subsection.
``(4) The Secretary shall submit a biennial report
summarizing the cumulative findings to date of the assessment
to the President and the appropriate committees of the
Congress.
``(b) Studies and Data Collection.--The Secretary may
collect such data, as necessary, at the State, local, and
school levels and conduct studies and evaluations, including
national studies and evaluations, to assess on an ongoing
basis the effectiveness of programs under this title and to
report on such effectiveness on a periodic basis. The
Secretary shall report no later than December 31, 1997 to the
House Committee on Education and Labor and the Senate
Committee on Labor and Human Resources on how schoolwide
programs are meeting the needs of children from migratory
families.
``(c) National Evaluation of Title I.--The Secretary shall
carry out an ongoing evaluation of the program under part A
of this title in order to provide the public, Congress, and
educators involved in such program, an accurate description
of the effectiveness of such program and provide information
that can be used to improve such program's effectiveness.
Such evaluation shall--
``(1) have a longitudinal design tracking cohorts of
students for at least 3 years which, when the cohorts are
taken as a whole, provides a picture of such program's
effectiveness over the elementary and secondary grades;
``(2) be separate and independent from State and local
assessments and evaluations as required under this part;
``(3) utilize the highest available content standards that
are generally accepted as national in scope;
``(4) provide information on all students, students served
under this part, and, if funds are sufficient, information on
students from low-income families and limited English
proficient students; and
``(5) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic
status.
The Secretary shall use the information from this evaluation
as part of the national assessment required by subsection (a)
and shall report the data from this evaluation to the
Congress and the public at least as frequently as that
assessment.
``(d)(1) In conducting the National Assessment under
subsection (a) and the National Evaluation under subsection
(b), the Secretary shall not assess the progress of students
in grade 1, kindergarten, and pre-kindergarten on the basis
of outcome measures such as content and performance
standards.
``(2) Any assessments of children in grade 2 shall utilize
matrix sampling and be performance-based.
``(3) Any data collected regarding children in grade 2
shall--
``(A) be collected at multiple points in time;
``(B) not be used to stigmatize, label, or place any child;
and
``(C) be collected in multiple domains.
``(e) Parental Involvement, Study, Report and
Dissemination.--(1) The Secretary, through the Office of
Education Research and Improvement, shall conduct a study to
identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) The Secretary shall--
``(A) complete such study by December 31, 1995;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to
the Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental
involvement and the performance of participating children, to
local educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--(1)
From the funds appropriated for any fiscal year under section
1002(7)(B), the Secretary may make grants to State
educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public/private
partnerships involving business and industry organizations,
and consortia of such bodies to carry out demonstration
projects that show the most promise of enabling children
served under this title to meet challenging State standards.
Such projects shall include promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment
for children to provide them the opportunity to reach high
standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited English proficient children, migratory children and
other highly mobile students, children leaving institutions
for neglected or delinquent children and returning to school,
and homeless children and youth; and
``(E) programs that are built upon partnerships developed
between elementary, middle schools, and secondary schools,
employers, and the community which emphasize the integration
of high quality academic and vocational learning, stress
excellence and high expectations for success in core academic
subjects, instill responsibility, decisionmaking, problem
solving, interpersonal skills, and other competencies in
students, and make school relevant to the workplace and the
community, through applied and interactive teaching
methodologies, team teaching strategies, learning
opportunities connecting school, the workplace, and the
community, and career exploration, awareness, and career
guidance opportunities.
``(2) The Secretary shall evaluate the demonstration
projects supported under this title, using rigorous
methodological designs and techniques, including control
groups and random assignment, to the extent feasible, to
produce reliable evidence of effectiveness.
``(b) Partnerships.--(1) From funds appropriated under
section 1002(7)(B) for any fiscal year, the Secretary may,
directly or through grants or contracts, work in partnership
with State educational agencies, local educational agencies,
other public agencies, and non-profit organizations to
disseminate and use the highest quality research and
knowledge about effective practices to improve the quality of
teaching and learning in schools supported under this title.
``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION
PROJECTS.
``(a) In General.--From not less than $10,000,000 of the
amount appropriated under section 1002(7)(B) the Secretary
shall provide financial assistance to support innovative
transition projects in elementary schools.
``(b) Grants.--(1) From 70 percent of the amount reserved
under subsection (a) to carry out this section, the Secretary
shall make grants to local educational agencies for the
purpose of supporting projects, for children from low-income
families who previously attended Head Start, Even Start, or
similar preschool programs, which provide educational and
other services in kindergarten and early elementary grades.
``(2) The purpose of such projects are to assist such
children to--
[[Page 502]]
``(A) make a successful transition from preschool through
the early elementary grades; and
``(B) achieve challenging academic standards.
``(3) A program assisted under this subsection shall--
``(A) provide transition-to-elementary school activities,
such as--
``(i) development of a transition plan for each child,
which provides for support and assistance through the third
grade;
``(ii) transfer of each child's preschool records to the
elementary school (with parental consent);
``(iii) formal meetings between a child's parent, preschool
teacher, and kindergarten or first grade teacher; and
``(iv) kindergarten visits and other orientation activities
for preschool children prior to enrollment in elementary
school;
``(B) use a model instructional approach for which
financial assistance is provided under subsection (d);
``(C) provide directly or through referral comprehensive
educational, health, nutritional, social, and other services
as will aid in the continued development of eligible children
to their full potential; and
``(D) provide for the direct participation of the parents
of such children in the development, operation, and
evaluation of such program.
``(c) Applications and Grant Priority.--(1) An application
for a grant under subsection (b) shall--
``(A) describe the transition-to-elementary school
activities which the applicant plans to administer;
``(B) describe the model instructional approach the
applicant will use, and the manner in which the applicant
will implement such approach;
``(C) provide evidence that the applicant has made a formal
arrangement to receive technical assistance and training from
the agency, organization, or institution which sponsors such
approach and receives funds under subsection (d);
``(D) describe the manner in which the applicant will
provide comprehensive services to the children to be served;
``(E) describe how the applicant will provide for direct
participation by parents in the planning, operation, and
evaluation of such program;
``(F) describe how such program will be coordinated with
title I, title VII, and other programs authorized under this
Act; and
``(G) provide evidence that--
``(i) the applicant has entered into formal arrangements
with local Head Start, Even Start, and other preschool
programs to ensure that the transition activities supported
by such program are effective; and
``(ii) the transition activities, instruction, and other
services to be provided by the applicant have been
specifically designed to build upon, and coordinate with,
those services provided to eligible children and their
parents in local Head Start, Even Start and other similar
preschool programs.
``(2) An application for a grant under subsection (b) may
provide for the use of mentors who are high school or college
students trained to provide tutoring to elementary and
secondary students formerly enrolled in Head Start or Even
Start programs.
``(3) In making grants under subsection (b), the Secretary
shall--
``(A) give priority to applicants that--
``(i) propose to administer a project in schools designated
as a schoolwide program under section 1114 of this Act; and
``(ii) propose to use an innovative transition and
instructional approach which has been shown to be effective
for the purpose described in paragraph (2) of subsection (b);
and
``(B) provide sufficient funds to enable programs to meet
the purposes of paragraph (1) and the requirements of
paragraph (2).
``(d) Technical Assistance and Training.--From 30 percent
of the amount reserved under subsection (a), the Secretary
shall make grants to public and private nonprofit agencies,
institutions, and organizations to provide--
``(1) technical assistance in the implementation and
expanded use of model transition and instructional
approaches; and
``(2) training in conjunction with the implementation and
operation of such model approaches.
``(e) General Provisions.--
``(1) An application for assistance under this section may
not be approved unless the Secretary is satisfied that the
services to be provided by the applicant will supplement, and
not supplant, services previously provided without Federal
assistance.
``(2) A program which receives assistance under subsection
(b) must demonstrate that such program achieved the purposes
described in paragraph (2) of such subsection in order to be
eligible for a renewal grant.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
such regulations as are necessary to reasonably ensure that
there is compliance with this title.
``(b) Negotiated Rulemaking Process.--(1) Prior to
publishing proposed regulations in the Federal Register to
carry out this title, the Secretary shall obtain the advice
and recommendations of representatives of Federal, State, and
local administrators, parents, teachers, and members of local
boards of education involved with the implementation and
operation of programs under this title.
``(2) Such advice and recommendations may be obtained
through such mechanisms as regional meetings and electronic
exchanges of information.
``(3) After obtaining such advice and recommendations, and
prior to publishing proposed regulations, the Secretary
shall--
``(A) establish a negotiated rulemaking process on a
minimum of 4 key issues, including--
``(i) schoolwide projects;
``(ii) standards and assessment;
``(iii) parental involvement; and
``(iv) professional development;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, with representation from all geographic
regions; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary
under subparagraph (A) not less than 45 days prior to the
first meeting under such process.
``(4) Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
the 240-day period required by section 437 of the General
Education Provisions Act; and
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) In an emergency situation in which regulations to
carry out this title must be issued with a very limited time
to assist State and local educational agencies with the
operation of the program, the Secretary may issue proposed
regulations without following such process but shall,
immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such
proposed regulations.
``(c) Special Rule.--Funds made available under section
1002(7) may not be released by the Secretary for expenditure
until such time as final regulations to carry out part A are
published in the Federal Register.
``(d) Limitation.--Regulations to carry out this part may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL
ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not
later than 6 months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth, or
broadening the scope of activities for programs under this
title;
``(B) applying for program funds under this title; and
``(C) meeting the program objectives under this title;
``(2) assist State educational agencies in achieving proper
and efficient administration of programs funded under this
title;
``(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; and
``(4) ensure that officers and employees of the Department
of Education, including officers and employees of the
Secretary and officers and employees of such Department
charged with auditing programs carried on under this title,
uniformly interpret, apply, and enforce requirements under
this title throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall,
with respect to programs carried out under this title,
contain descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices to and amendments of the foregoing, and in
particular, whether or not such items are required under
section 552 of title 5, United States Code, to be published
or made available. The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, the General Education
Provisions Act, other applicable statutes, and regulations
issued under the authority of such statutes;
``(2) an explanation of the purpose of each requirement and
its interrelationship with other applicable requirements; and
``(3) model forms and instructions developed by the
Secretary for use by State and local educational agencies, at
their discretion, including, application forms, application
review checklists, and instruments for monitoring programs
under this title.
``(c) Response to Inquiries.--The Secretary shall respond
with written guidance not more than 90 days after any written
request (return receipt requested) from a State or local
educational agency regarding a policy, question, or
interpretation under this title. In the case of a request
from a local educational agency, such agency is required to
address its request to the State educational agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--(1) Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the Committee of Practitioners for their
review and comment;
[[Page 503]]
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are
subject; and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) State rules, regulations, and policies under this
title shall support and facilitate local educational agency
and school-level systemic reform designed to enable all
children to meet the State's standards.
``(b) Committee of Practitioners.--(1) Each State
educational agency shall create a State committee of
practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) counselors.
``(3) The duties of the committee shall include a review,
prior to publication, of any proposed or final State rule or
regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program, the State educational agency may
issue a regulation without prior consultation, but shall
immediately thereafter convene the State committee of
practitioners to review the emergency regulation prior to
issuance in final form.
``(c) Payment For State Administration.--Each State may
reserve for the proper and efficient performance of its
duties under this title the greater of--
``(1) one percent of the funds received under section
1002(a) and (c) through (f); or
``(2) $375,000, or $50,000 in the case of Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and
Palau (until the Compact of Free Association takes effect).
``TITLE II--IMPROVING TEACHING AND LEARNING
``PART A--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
``SEC. 2101. FINDINGS.
``The Congress finds that--
``(1) reaching the National Education Goals requires a
comprehensive educational reform strategy that involves
parents, schools, government, communities, and other public
and private organizations at all levels;
``(2) a crucial component of the strategy for achieving
these goals is ensuring, through sustained and intensive
high-quality professional development, and through the
development and adoption of high quality curriculum, that all
teachers are capable of providing challenging learning
experiences in the core academic subjects for their students;
``(3) decisionmaking as to what activities a State or local
educational agency should undertake to improve teaching and
learning are best made by individuals in the schools closest
to the classroom and most knowledgeable about the needs of
schools and students;
``(4) the potential positive impact of high-quality
professional development is underscored by recent research
findings that--
``(A) professional development must be focused on teaching
and learning in order to change the opportunities of all
students to achieve higher standards; and
``(B) effective professional development focuses on
discipline-based knowledge and subject-specific pedagogical
skills, involves teams of teachers and administrators in a
school and, through professional networks of teachers and
administrators, is interactive and collaborative, motivates
by its intrinsic content and relationship to practice, builds
on experience and learning-by-doing, and becomes incorporated
into the everyday life of the school;
``(5) engaging teachers in the development of high quality
curricula is a powerful professional development activity
that improves teaching and learning;
``(6) special attention must be given in professional
development activities to ensure that education professionals
are knowledgeable of, and make use of, strategies for serving
populations that historically have lacked access to equal
opportunities for advanced learning and career advancement;
``(7) States and local educational agencies also need to
engage teachers in the development of high quality curricula
that are aligned with State or local content and performance
standards in order to improve teaching and learning and
ensure that students achieve the State standards;
``(8) professional development is often a victim of budget
reductions in fiscally difficult times and curricula
development is almost nonexistent in many State and local
school systems; and
``(9) the Federal Government has a vital role in helping
States and local educational agencies to make sustained and
intensive high-quality professional development in the core
academic subjects become an integral part of the elementary
and secondary education system and in providing assistance to
such agencies to engage teachers in the development of high
quality curricula that are aligned with State or local
content and performance standards.
``SEC. 2102. PURPOSES.
``The purposes of this part are to provide assistance to
States and local educational agencies and to institutions of
higher education with teacher education programs so that such
agencies can determine how best to improve the teaching and
learning of all students through--
``(1) helping to ensure that teachers, other staff, and
administrators have access to sustained and intensive high-
quality professional development that is aligned to
challenging State content and performance standards in the
care academic subjects and that--
``(A) is tied to challenging State and local curriculum
content and student performance standards;
``(B) reflects recent research on teaching and learning;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards;
``(D) includes strong academic content and pedagogical
components;
``(E) is of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) is part of the everyday life of the school and
creates an orientation toward continuous improvement
throughout the school; and
``(2) assisting States and local educational agencies to
engage teachers in the development of high quality curriculum
that is aligned with State or local content and performance
standards.
``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION
BETWEEN SUBPARTS.
``(a) Authorization of Appropriations.--For the purpose of
carrying out this part, there are authorized to be
appropriated $800,000,000 for fiscal year 1995 and such sums
as may be necessary for fiscal years 1996, 1997, 1998, and
1999.
``(b) Allocation Between Subparts.--Of the funds
appropriated to carry out this part for a fiscal year, the
Secretary shall use--
``(1) 5 percent to carry out subpart 1; and
``(2) 95 percent to carry out subpart 2.
``Subpart 1--Federal Activities
``SEC. 2111. PROGRAM AUTHORIZED.
``(a) Program Authorized.--The Secretary is authorized to
make grants to, and enter into contracts and cooperative
agreements with, local educational agencies, State
educational agencies, State agencies for higher education,
educational service agencies, institutions of higher
education, and other public and private agencies, other
organizations, and institutions to--
``(1) support activities of national significance that will
contribute to the development and implementation of high-
quality professional development activities in the core
academic subject areas;
``(2) support the development of challenging curriculum
that is aligned with State or local content and performance
standards; and
``(3) evaluate activities carried out under this subpart
and under subpart 2.
``(b) Coordination With Other Agencies.--In carrying out
this program, the Secretary shall consult and coordinate with
the National Science Foundation, the National Endowment for
the Humanities, the National Endowment for the Arts, and
other appropriate Federal agencies and entities.
``SEC. 2112. AUTHORIZED ACTIVITIES.
``(a) The Secretary shall use funds available to carry out
this subpart--
``(1) to provide seed money to eligible entities to develop
their capacity to offer sustained and intensive high-quality
professional development;
``(2) for the development and maintenance of a national
clearinghouse for science, mathematics, and technology
education materials which shall be administered as an adjunct
clearinghouse of the ERIC system of clearinghouses supported
by the Office of Educational Research and Improvement;
``(3) to support consortia of educational agencies and
organizations in disseminating information and providing
assistance regarding curricula, teaching methods, and
assessment tools that support national or State content
standards in mathematics and science; and
``(4) the evaluation of programs under this subpart and
under subpart 2.
``(b) The Secretary may use funds available to carry out
this subpart--
``(1) for the development and maintenance of national
clearinghouses for core academic subjects as the Secretary
determines are needed and which shall be administered as
adjunct clearinghouses of the ERIC system of clearinghouses
supported by the Office of Educational Research and
Improvement;
``(2) to provide grants to entities to develop high quality
curricula that are aligned with voluntary national or State
content standards;
``(3) to sponsor institutes that provide teachers and
administrators with professional development that is based on
strong and integrated disciplinary content and pedagogical
components;
``(4) for efforts to train teachers in the innovative uses
and applications of technology to enhance student learning;
``(5) to encourage the development of local and national
professional networks of educators;
``(6) to disseminate standards in the core academic
subjects, including information on voluntary national content
and performance
[[Page 504]]
standards and related models of high-quality professional
development;
``(7) for efforts to train teachers in innovative uses of
applied learning strategies such as service learning;
``(8) to disseminate models of high-quality professional
development activities that train educators in strategies,
techniques, methods, and practices for meeting the
educational needs of historically underserved populations,
including females, minorities, individuals with disabilities,
limited-English proficient individuals, and economically
disadvantaged individuals, in order to ensure that all
students have the opportunity to achieve challenging
performance standards;
``(9) to promote the transferability of licensure and
certification of teachers and administrators among State and
local jurisdictions; and
``(10) to support the National Board for Professional
Teaching Standards.
``(c) In carrying out subsection (a), the Secretary shall
ensure that each program, project, and activity contained in
such subsection receives an allocation that is no less than
the amount that each such program, project, or activity
received in fiscal year 1994.
``Subpart 2--State and Local Activities
``SEC. 2121. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State
educational agencies for the improvement of teaching and
learning through sustained and intensive high-quality
professional development activities in the core academic
subjects at the State and local levels and the development by
teachers and others of high-quality curricula that are
aligned with State or local content and performance
standards.
``SEC. 2122. ALLOCATION OF FUNDS.
``(a) Reservation of Funds.--From the amount made available
to carry out this subpart for any fiscal year, the Secretary
shall--
``(1) reserve one half of one percent for the outlying
areas, to be distributed among them on the basis of relative
need, as determined by the Secretary in light of the purposes
of this part; and
``(2) reserve one half of one percent for the Secretary of
the Interior for programs under this subpart for professional
development activities for teachers, other staff, and
administrators in schools operated or funded by the Bureau of
Indian Affairs.
``(b) State Allotments.--The Secretary shall allocate the
remaining amount to each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico as follows,
except that no State shall receive less than one-half of one
percent of such remaining amount:
``(1) 50 percent shall be allocated among such
jurisdictions on the basis of their relative populations of
individuals aged 5 through 17, as determined by the Secretary
on the basis of the most recent satisfactory data.
``(2) 50 percent shall be allocated among such
jurisdictions in accordance with the relative amounts such
jurisdictions received under part A of title I of this Act
for the preceding fiscal year.
``(c) Reallocation.--If any jurisdiction does not apply for
its allotment under subsection (b) for any fiscal year, the
Secretary shall reallocate such amount to the remaining
jurisdictions in accordance with such subsection.
``SEC. 2123. WITHIN-STATE ALLOCATIONS.
``(a) Reservations.--Of the amounts received by a State
under this subpart for a fiscal year--
``(1) not more than 5 percent shall be used for the
administrative costs of programs carried out by the State
educational agency and the State agency for higher education;
``(2) not more than 5 percent may be used for State-level
activities, as described in section 2125; and
``(3) of the remaining amount--
``(A) 87 percent shall be distributed to local educational
agencies, to be used in accordance with section 2129, as
follows:
``(i) 50 percent of such amount shall be distributed in
accordance with the relative enrollments in public and
private nonprofit schools within their boundaries.
``(ii) 50 percent of such amount shall be distributed in
accordance with the relative amount such agencies received
under part A of title I of this Act for the preceding fiscal
year; and
``(B) 13 percent shall be used for competitive grants to
institutions of higher education as described in section
2129.
``(b) Limitation.--
``(1) General rule.--Except as provided in paragraph (2),
any local educational agency that receives an allocation of
less than $10,000 under subsection (a) shall, for the purpose
of providing services under this subpart, form a consortium
with at least 1 other local educational agency or institution
of higher education receiving assistance under this section.
``(2) Waiver.--The State educational agency shall waive the
application of paragraph (1) in the case of any local
educational agency that demonstrates that the amount of its
allocation is sufficient to provide a program of sufficient
size, scope, and quality to be effective. In granting waivers
under the preceding sentence, the State educational agency
shall--
``(A) give special consideration to local educational
agencies serving rural areas; and
``(B) consider cash or in-kind contributions provided from
State or local sources that may be combined with the local
educational agency's allocation for the purpose of providing
services under this part.
``SEC. 2124. STATE APPLICATIONS.
``(a) Applications Required.--Each State educational agency
that wishes to receive its allotment under this subpart for
any fiscal year shall submit an application to the Secretary
at such time and in such form as the Secretary may require.
``(b) State Plan To Improve Teaching and Learning--(1) Each
application under this section shall include a State plan
that--
``(A) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by that State plan; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(2) Each such plan shall also--
``(A) be developed in conjunction with the State agency for
higher education, institutions of higher education, schools
of education, and with the extensive participation of
teachers and administrators and members of the public who are
interested in improving education in the State and show the
role of each in implementation;
``(B) be designed to give teachers and administrators in
the State the knowledge and skills to provide all students
the opportunity to meet challenging State performance
standards;
``(C) include an assessment of State and local needs for
professional development and for the development of curricula
that are aligned with State or local content and performance
standards;
``(D) include a description of how the plan has assessed
the needs of local education agencies serving rural areas,
and what actions are planned to meet those needs;
``(E) include a description of how the plan has maintained
funding for professional development activities in
mathematics and science education;
``(F) include a description of how the activities funded
under this subpart will address the needs of teachers in
schools receiving assistance under part A of title I of this
Act;
``(G) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited-English proficiency, the
economically disadvantaged, and the disabled, by
incorporating pedagogical strategies and techniques which
meet their educational need;
``(H) if the State's needs assessment under subsection (C)
demonstrates a need for professional development, describe
how the State will--
``(i) work with teachers, including teachers in schools
receiving assistance under part A of title I of this Act,
administrators, local educational agencies, schools, and
institutions of higher education to ensure that they develop
the capacity to support sustained and intensive, high-quality
professional development programs in all the core academic
subject areas, but especially in mathematics and science;
``(ii) take specific steps to review and, if necessary,
reform State requirements for licensure of teachers and
administrators, including certification and recertification,
to align such requirements with challenging State content and
performance standards; and
``(iii) address the need for improving teaching and
learning through teacher development beginning with
recruitment, pre-service, and induction, and continuing
throughout the professional teaching career; and
``(I) if the State's needs assessment under subparagraph
(C) demonstrates a need for curricula development, describe--
``(i) a strategy for engaging teachers in the development
of curricula that are aligned with State or local content and
performance standards; and
``(ii) how the State will also work with administrators,
parents, school board members, and other members of the
community in developing high quality curricula that are
aligned with State or local content and performance
standards.
``(c) Additional Material.--Each State application shall
also include--
``(1) a description of how the activities funded under this
subpart will be coordinated, as appropriate, with--
``(A) other activities conducted with Federal funds,
especially activities supported under part A of title I of
this Act;
``(B) State and local funds;
``(C) resources from business and industry; and
``(D) funds from other Federal agencies, such as the
National Science Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the National Endowment
for the Arts, and the National Endowment for the Humanities;
and
``(2) a description of the activities to be sponsored under
the State-level activities and the higher education
components of its program under this subpart.
``(d) Peer Review and Secretarial Approval.--(1) The
Secretary shall approve the application of a State
educational agency if it meets the requirements of this
section and
[[Page 505]]
holds reasonable promise of achieving the purposes of this
part.
``(2) In reviewing applications, the Secretary shall obtain
the advice of non-Federal experts on education in the core
academic subjects and on teacher education, including
teachers and administrators.
``SEC. 2125. STATE-LEVEL ACTIVITIES.
``Each State may use funds reserved under section
2123(a)(2) to carry out activities referred to in section
2124(b), such as--
``(1) reviewing and reforming State requirements for
teacher and administrator licensure, including certification
and recertification, to align such requirements with the
State's content standards and ensure that teachers and
administrators have the knowledge and skills necessary to
help students meet challenging State performance standards;
``(2) developing performance assessments and peer review
procedures, as well as other methods, for licensing teachers
and administrators;
``(3) providing technical assistance to schools and local
educational agencies especially schools and local educational
agencies that receive assistance under part A of title I of
this Act, to help such schools and agencies provide effective
professional development in the core academic subjects and
develop high quality curricula;
``(4) developing or supporting professional development
networks, either within a State or in a regional consortium
of States, that provide a forum for interaction among
teachers and that allow exchange of information on advances
in content assessment and pedagogy;
``(5) supporting partnerships between schools, consortia of
schools, or local education agencies and institutions of
higher education, including but not limited to schools of
education, which would encourage teachers to participate in
intensive, ongoing professional development programs, both
academic and pedagogical, at institutions of higher
education, and to encourage students at institutions of
higher education studying to become teachers to have direct,
practical experience at the schools;
``(6) enhancing the effective use of educational technology
as an instructional tool for increasing student understanding
of the core academic subject areas including--
``(A) efforts to train teachers in the innovative uses and
application of instructional technology;
``(B) utilizing and strengthening existing
telecommunications infrastructure dedicated to educational
purposes; and
``(C) efforts to train teachers in methods for achieving
gender equity both in access to and teaching practices used
in the application of educational technology;
``(7) providing incentives for teachers to be involved in
curriculum development and technical assistance processes for
teachers and students;
``(8) professional development enabling teachers and other
school staff to ensure that girls, young women, minorities,
limited English proficient students, individuals with
disabilities, and economically disadvantaged individuals have
the opportunity to achieve challenging State performance
standards in the core academic subjects by, for example,
encouraging girls, young women, and minorities to pursue
advanced courses in mathematics and science;
``(9) designing professional development activities that
increase the numbers of members of minority and other
underrepresented groups in the teaching force in the core
subjects;
``(10) developing high quality curriculum that is aligned
with State or local content and performance standards; and
``(11) providing financial or other incentives for teachers
to become certified by the National Board for Professional
Teaching Standards.
``SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROVING
TEACHING AND LEARNING.
``(a) Local Application.--(1) Each local educational agency
that wishes to receive a subgrant under this subpart shall
submit an application (singly or as a consortia as described
in section 2123(b)) to the State educational agency at such
time as the State educational agency shall require, but not
less frequently than every 3rd year.
``(2) If the local educational agency has an application
approved by the State under title III of the Goals 2000:
Educate America Act, the application required by this section
shall be a component of (or, if necessary, an addendum to)
its Goals 2000 application.
``(3) A local education agency shall set specific
performance indicators for improving teaching and learning
through professional development and curriculum development.
``(4) A local educational agency shall submit, as part of
its application, the results of the needs assessment
conducted under subsection (b), and the local educational
agency plan developed in accordance with subsection (c).
``(b) Needs Assessment.--(1) A local educational agency
that wishes to receive a subgrant under this subpart shall
include in its application an assessment of such agency's
need for professional development, for the development of
high quality curricula that are aligned with State or local
content and performance standards.
``(2) Such needs assessment shall be carried out with the
involvement of teachers, including teachers in schools
receiving assistance under part A of title I of this Act, and
shall take into account what activities need to be conducted
in order to give teachers and administrators the means,
including the knowledge and skills, to provide students with
the opportunity to meet challenging State or local
performance standards.
``(c) Plan Development.--(1) The plan required under this
subsection shall be developed jointly by the local
educational agency and by teachers from the core academic
disciplines.
``(2) Such teachers shall also be representative of the
grade spans within schools to be served and of schools which
receive assistance under part A of title I of this Act.
``(3) Based on the needs assessment required under
subsection (b), the local educational agency's plan shall
include the following--
``(A) a description of the local educational agency's
strategy to improve teaching and learning in every school;
``(B) a description of how the plan contributes to the
local educational agency's overall efforts for school reform
and educational improvement;
``(C) a description of the activities the local educational
agency intends to undertake under this subpart consistent
with such agency's needs assessment conducted under
subsection (b);
``(D) a description of how the plan has maintained funding
for professional development activities in mathematics and
science education;
``(E) a description of how the activities funded under this
section will address the needs of teachers in schools
receiving assistance under part A of title I of this Act;
``(F) a description of how programs in all core academic
subjects, but especially in mathematics and science, will
take into account the need for greater access to, and
participation in, such disciplines by students from
historically underrepresented groups, including females,
minorities, individuals with limited-English proficiency, the
economically disadvantaged, and the disabled, by
incorporating pedagogical strategies and techniques which
meet their educational need;
``(G) an assurance that the activities conducted with funds
received under this program will be assessed at least every 3
years using the performance indicators; and
``(H) a description of how the program funded under this
subpart will be coordinated, as appropriate, with--
``(i) activities conducted under section 2130 and other
services of institutions of higher education;
``(ii) similar State and local activities;
``(iii) resources provided under part A of title I and
other parts of this Act, particularly part B of title II;
``(iv) resources from business, industry, private nonprofit
organizations (including museums, libraries, educational
television stations, community-based organizations,
professional organizations and associations specializing in,
or with a demonstrated expertise in the core academic
disciplines);
``(v) funds or programming from other Federal agencies,
such as the National Science Foundation, the Department of
Energy, the Department of Health and Human Services, the
National Endowment for the Humanities, and the National
Endowment for the Arts; and
``(vi) an identification of funding that will provide the
local educational agency's contribution under section 2127.
``SEC. 2127. LOCAL COST SHARING.
``(a) In General.--Each local educational agency shall bear
not less than 33 percent of the cost of any program carried
out under this subpart, but not including the cost of
services provided to private schoolteachers.
``(b) Available Resources for Cost-Sharing.--A local
educational agency may meet the requirements of subsection
(a) through one or more of the following:
``(1) Cash expenditures from non-Federal sources, including
private contributions, directed toward professional
development and curriculum development activities.
``(2) Release time for teachers participating in
professional development or curricula development funded
under this subpart.
``(3) Funds received under one or more of the following
programs, if used for professional development or curricula
development activities consistent with this subpart and
consistent with the statutes under which such funds are
provided, then such funds must be used for the benefit of
students and teachers in the schools that would otherwise
have been served with such funds:
``(A) Part A of title I of this Act.
``(B) The Safe and Drug Free Schools program under title IV
of this Act.
``(C) The bilingual education program under title VII of
this Act.
``(D) The Women's Educational Equity Program under title
III of this Act.
``(E) Title III of the Goals 2000: Educate America Act.
``(F) Programs that are related to the purposes of this Act
that are administered by other agencies, including the
National Science Foundation, the National Endowment for the
Humanities, the National Endowment for the Arts, and the
Department of Energy.
``(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of
subsection (a) and waive the requirements of subsection (a)
if a local educational agency can demonstrate that it is
unable to meet the requirements of subsection (a) due to
economic hardship and that compliance with such requirements
would preclude its participation in the program.
[[Page 506]]
``SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE
ACTIVITIES.
``(a) Local Allocation of Funds.--Each local educational
agency that receives funds under this subpart for any fiscal
year--
``(1) shall use not less than 80 percent of such funds
for--
``(A) professional development of teachers, principals, and
other instructional staff who work directly with children;
and
``(B) engaging teachers and other staff in the development
of high quality curricula aligned with State and local
content and performance standards, in a manner that is
determined by such teachers and staff and is consistent with
the provisions of such local educational agency's application
under section 2126, any school plan under part A of title I
of this Act, and any other plan for professional development
or curricula development carried out with Federal, State, or
local funds; and
``(2) may use not more than 20 percent of such funds for
district-level professional or curricula development
activities, which may include the participation of
administrators and policymakers if such activities directly
support instructional personnel.
``(b) Authorized Activities.--Each local educational agency
and school that receives funds under this subpart shall use
such funds for activities that give teachers and
administrators the knowledge and skills to provide students
with the opportunity to meet challenging State or local
content and performance standards. Funds received by local
educational agencies under this subpart only shall be used
for the activities specified under subsections (c) and (d).
No less than 80 percent of those funds shall be used for
activities under subsection (c) and not more than 20 percent
for activities under subsection (d).
``(c) Professional Development.--If a needs assessment
conducted under section 2126(b) determines that funds under
this subpart should be used to provide professional
development in the core academic subjects for teachers and
other school staff, the local educational agency shall use
such funds for professional development for teachers and
other staff to support teaching consistent with State, or
local content standards, and shall, to the extent
practicable, coordinate such activities with institutions of
higher education and activities under section 2129:
``(1) Professional development activities funded under this
subpart shall--
``(A) be tied to challenging State or local content and
student performance standards;
``(B) reflect recent research on teaching and learning;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards;
``(D) include strong academic content and pedagogical
components;
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom; and
``(F) be part of the everyday life of the school and create
an orientation toward continuous improvement throughout the
school.
``(2) Funds under this subpart may be used for professional
development activities such as--
``(A) professional development for teams of teachers,
administrators, or other staff from individual schools, to
support teaching consistent with State or local content
standards;
``(B) support and time for teachers and other school staff
to participate in professional development in the core
subjects offered through professional associations,
universities, community-based organizations, and other
providers including museums and educational partnership
organizations;
``(C) activities that provide followup for teachers who
have participated in professional development activities that
are designed to ensure that knowledge and skills learned by
the teacher are implemented in the classroom;
``(D) support for partnerships between schools, consortia
of schools, or local education agencies and institutions of
higher education, including but not limited to schools of
education, which would encourage teachers to participate in
intensive, ongoing professional development programs, both
academic and pedagogical, at institutions of higher
education, and to encourage students at institutions of
higher education studying to become teachers to have direct,
practical experience at the schools;
``(E) the establishment and maintenance of local
professional networks that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(F) activities to prepare teachers in the effective use
of educational technology as an instructional tool for
increasing student understanding of the core academic subject
areas;
``(G) activities to enable teachers to ensure that girls,
young women, minorities, limited-English proficient students,
individuals with disabilities, and economically disadvantaged
individuals the opportunity to achieve the challenging State
performance standards in the core academic subjects;
``(H) professional development and recruitment activities
designed to increase the number of minorities, individuals
with disabilities, and females teaching in the core academic
subject in which they are underrepresented;
``(I) the development of incentive strategies for rewarding
schools where a substantial portion of the teachers achieve
certification by the National Board for Professional Teaching
Standards; and
``(J) other sustained and intensive high-quality
professional development activities in the core academic
subjects.
``(d) Curriculum Development.--(1) If the needs assessment
of a local educational agency determines that funds under
this subpart should be used for curriculum development, such
agency shall use the funds provided to develop high quality
curricula that is aligned with State or local content and
performance standards.
``(2) Funds may be used to purchase the curriculum
materials to the extent such materials are essential
components of the local educational agency's plan to improve
teaching and learning in the core academic subjects.
``SEC. 2129. HIGHER EDUCATION ACTIVITIES.
``(a) General.--(1) The State agency for higher education,
working in conjunction with the State educational agency (if
it is a separate agency), shall make grants to, or enter into
contracts or cooperative agreements with, institutions of
higher education and nonprofit organizations including
museums and educational partnership organizations, which
demonstrate consultation and cooperation with a local
education agency, consortium of local education agencies, or
schools, for--
``(A) professional development activities in the core
academic subject areas that contribute to the State plan for
professional development;
``(B) engaging teachers in the development of high-quality
curricula that are aligned with State or local content and
performance standards;
``(C) developing and providing assistance to local
education agencies, and the teachers and staff of each such
agency, for sustained, high-quality professional development
activities; and
``(D) improving teacher education programs in order to
promote further innovation in teacher education programs
within an institution of higher education and to better meet
the needs of the local education agencies for well-prepared
teachers;
``(2) All such awards shall be made on a competitive basis.
``(3) No institution of higher education may receive
assistance under subsection (a)(1) of this subsection unless
the institution enters into an agreement with a local
education agency, or consortium of such agencies, to provide
sustained, high-quality professional development for the
elementary and secondary school teachers in the schools of
each such agency.
``(4) Each project funded under this section shall involve
a joint effort of the recipient's school or department of
education and the schools or departments in the specific
disciplines in which assistance may be provided.
``(b) Allowable Activities.--A recipient of funds under
this section shall use those funds for--
``(1) sustained and intensive high-quality professional
development for teams of teachers, or teachers and
administrators from individual schools or districts;
``(2) other sustained and intensive professional
development activities related to achievement of the State
plan for professional development such as--
``(A) establishment and maintenance of professional
networks of teachers that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(B) programs that prepare teachers to be effective users
of information technology, able to integrate technology into
their pedagogy and their instructional practices, and able to
enhance their curricular offerings by appropriate
applications of technology;
``(C) programs that utilize information technology to
deliver sustained and intensive high quality professional
development activities for teachers;
``(D) activities to enable teachers to ensure that girls,
young women, minorities, limited-English proficient students,
individuals with disabilities, and economically disadvantaged
individuals have the opportunity to achieve the challenging
State performance standards in the core academic subjects;
``(E) professional development and recruitment activities
designed to increase the number of minorities, individuals
with disabilities, and other underrepresented groups teaching
in the core academic subjects, particularly in mathematics
and science;
``(F) establishment of professional development academies
operated as partnerships between one or more elementary or
secondary schools and one or more institutions of higher
education to provide school-based teacher training that
provides prospective, novice, and experienced teachers with
an opportunity to work under the guidance of master teachers
and college faculty members; and
``(G) technical assistance to local educational agencies in
providing sustained and intensive high quality professional
development activities for teachers.
``Subpart 3--General Provisions
``SEC. 2131. REPORTING AND ACCOUNTABILITY.
``(a) States.--Each State that receives funds under this
part shall submit a report to the Secretary every 3 years on
the State's progress toward the performance indicator
identified in its State plan, as well as on the effectiveness
of State and local activities under this part.
[[Page 507]]
``(b) Local Educational Agencies.--Each local educational
agency that receives funds under this part shall submit a
report to the State every 3 years on its progress toward the
outcome performance indicators in its plan.
``(c) Federal Evaluation.--The Secretary shall report to
the President and Congress on the effectiveness of programs
and activities funded under this part.
``(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used
for construction or renovation of buildings, rooms, or any
other facilities.
``SEC. 2132. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `core academic subjects' means those
subjects listed in the State plan under title III of the
Goals 2000: Educate America Act or under National Education
Goal Three as set out in section 102(3) of such Act.
``(2) The term `performance indicators' means measures of
specific outcomes that the State or local educational agency
identifies as assessing progress toward the goal of ensuring
that all teachers have the knowledge and skills to assist
their students to meet challenging State standards in the
core academic subject areas. Examples of such indicators
include--
``(A) the degree to which licensure requirements are tied
to State standards;
``(B) specific increases in the number of elementary and
secondary teachers with strong content backgrounds in the
core academic subjects;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited-English proficient individuals,
and economically disadvantaged individuals, in order to
ensure that all students have the opportunity to achieve
challenging performance standards; and
``(D) specific increases in the number of Board certified
teachers licensed in each core subject.
``(3) The term `sustained and intensive high-quality
professional development' means professional development
activities that--
``(A) are tied to challenging State or voluntary national
content and performance standards;
``(B) reflect up-to-date research in teaching and learning
and include integrated content and pedagogical components;
``(C) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals,
and economically disadvantaged individuals, in order to
assure that all students have the opportunity to achieve
challenging performance standards;
``(D) are of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in
the classroom or the administrator's performance on the job;
and
``(E) recognize teachers as an important source of
knowledge that should inform and help shape professional
development.
``(4) The term `local standard' means challenging content
and performance standards in the core subjects (in addition
to State content and performance standards approved by the
State for title I).
``PART B--TECHNOLOGY EDUCATION ASSISTANCE
``Subpart 1--Assistance to State and Local Educational Agencies
``SEC. 2201. SHORT TITLE.
``This title may be cited as the `Technology Education
Assistance Act of 1994'.
``SEC. 2202. FINDINGS.
``The Congress finds that--
``(1) technology can produce far greater opportunities for
all students to learn to high standards and promote
efficiency and effectiveness in education;
``(2) the use of technology as a tool in the teaching and
learning process is essential to the development and
maintenance of a technologically literate citizenry and an
internationally competitive workforce;
``(3) the acquisition and use of technology in education
throughout the United States has been inhibited by the
absence of Federal leadership, the inability of many State
and local educational agencies to invest in and support
needed technologies, and the limited availability of
appropriate technology-enhanced curriculum, instruction,
teacher training, and administrative support resources and
services in the educational marketplace;
``(4) educational equalization concerns and school
restructuring needs can be addressed through educational
telecommunications and technology by offering universal
access to high-quality teaching and programs, particularly in
urban and rural areas;
``(5) in the absence of appropriate educational technology
policies, the disparity between rich and poor students will
become even greater in a world where technology and
telecommunications increasingly have become an integral part
of many households;
``(6) the increasing use of new technologies and
telecommunications systems in business and industry has
furthered the gap between schooling and work force
preparation;
``(7) telecommunications can be a conduit for ongoing
teacher training and improved professional development by
providing to teachers constant access to updated research in
teaching and learning;
``(8) research consistently shows that the planned use of
technology combined with teachers who are adequately trained
in its use can increase opportunities for more students to
develop higher order thinking and technical skills than is
possible with traditional instruction;
``(9) technology can engage students in learning through
media with which they are comfortable, and prove to be an
effective learning tool, particularly when correlated with
State and national curriculum standards;
``(10) schools need new ways of financing the acquisition
and maintenance of educational technology; and
``(11) the needs for educational technology differ from
State to State.
``SEC. 2203. STATEMENT OF PURPOSE.
``The purpose of this Act is to support a comprehensive
system for the acquisition and use by elementary and
secondary schools in the United States of technology and
technology-enhanced curricula, instruction, and
administrative support resources and services to improve the
delivery of educational services, such system shall include--
``(1) national leadership with respect to the need for, and
the provision of, appropriate technology-enhanced curriculum,
instruction and administrative programs to improve learning
in the United States;
``(2) funding mechanisms which will support the
development, interconnection, implementation, improvement and
maintenance of an effective educational technology
infrastructure;
``(3) information dissemination networks to facilitate
access to information on effective learning programs,
assessment and evaluation of such programs, research
findings, and supporting resources (including instructionally
based, technology-enhanced programs, research and resources)
by educators throughout the United States;
``(4) an extensive variety of opportunities for teacher,
inservice training, and administrative training and technical
assistance with respect to effective uses of technologies in
education;
``(5) utilizing and strengthening, not duplicating,
existing telecommunications infrastructures dedicated to
educational purposes;
``(6) development and evaluation of new and emerging
educational technologies and telecommunications networks;
``(7) assessment data regarding state-of-the-art uses of
technologies in United States education upon which commercial
and noncommercial telecommunications entities, and
governments can rely on for decisionmaking about the need
for, and provision of, appropriate technologies for education
in the United States; and
``(8) authorize grants to States that--
``(A) improve the academic performance of students through
technology;
``(B) strengthen the skills of teachers in effectively
utilizing technology for student learning;
``(C) promote the planned application of technology in
education by those who will use the technology; and
``(D) encourage collaborative relationships between the
State agency for higher education, the State library
administrative agency and the State telecommunications agency
for education and the State educational agency in the area of
technology support to strengthen the system of education.
``SEC. 2204. DEFINITIONS.
``For purposes of this title--
``(1) the terms `library' and `State library administrative
agency' shall have the same meaning given to such terms in
section 3 of the Library Services and Construction Act
(Public Law 84-579);
``(2) the term `Regional Education Laboratory' shall have
the same meaning given to such term in section 405 of the
Department of Education Organization Act (Public Law 96-88);
``(3) the term `technology' includes closed circuit
television systems, public telecommunications entities, cable
television, satellite, copper and fiber optic transmission,
computer, video and audio laser and CD ROM disc, video and
audio tapes or other technologies;
``(4) the term `credit enhancement' means a financial
arrangement that enhances the credit quality of the issuer or
the financial instrument being used; and
``(5) the term `interoperability' means the ability to
communicate with operating systems developed nationally and
internationally using multiple network media.
``SEC. 2205. IN-STATE APPORTIONMENT.
``(a) Authorizations.--The Secretary is authorized to make
grants to States in accordance with the provisions of this
title to strengthen the skills of educators and improve
learning through the use of technology.
``(b) Elementary, Secondary Education Programs.--(1) For
each fiscal year, an amount equal to 70 percent of each
State's allotment under section 2212(a)(2) shall be used for
elementary and secondary education programs by the State
educational agency in accordance with section 2206.
``(2) Not less than 90 percent of a State's allotment under
this subsection shall be
[[Page 508]]
available to local educational agencies including services to
adults and families of which not more than 5 percent of the
funds available to the local educational agency for any
fiscal year may be used for local administration.
``(3) Not more than 10 percent of the amount allocated
under subsection (a) may be used by the State educational
agency for technical assistance and administrative costs of
which not less than 50 percent shall be used for technical
assistance.
``(c) Higher Education Programs.--(1) For each fiscal year
20 percent of each State's allotment under section 2212(a)(2)
shall be used by the State higher education agency designated
in the State plan for partnership programs between local
educational agencies, including educational services to
adults and families and higher education institutions in
accordance with section 2207.
``(2) Not less than 90 percent of the amount available for
this subsection shall be used by the State for grants to
institutions of higher education for partnership programs in
accordance with the provisions of section 2207.
``(3) Not more than 10 percent of the amount allocated to
the State's higher education partnership program under this
section, may be used for the costs incurred for the
evaluation of programs assisted under section 2207; and for
administrative costs of the State's higher education agency
designated in the State plan.
``(d) Library and Literacy Programs.--(1) For each fiscal
year 10 percent of each State's allocation under section
2212(a)(2) shall be used by the State library administrative
agency to support collaborative activities among libraries,
literacy programs, and local educational agencies in
accordance with section 2208.
``(2) Not less than 90 percent of the amount available for
this section shall be used by the State for grants to local
public libraries and literacy programs in accordance with the
provisions of section 2208.
``(3) Not more than 10 percent of the amount available
under this section may be used by the State for the costs
incurred for evaluation of programs assisted under section
2208 and for administrative costs of the State library
administrative agency.
``SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) In General.--The amount apportioned under section
2205(b) from each State's allotment shall be used by the
State educational agency to strengthen elementary and
secondary education programs in accordance with the
provisions of this section.
``(b) Local Educational Agencies.--(1) Each local
educational agency, including educational services for adults
and families, shall use the educational technology funds
available under section 2205(b)(2) for--
``(A) developing, adapting, or expanding existing and new
applications of technology to support the school reform
effort; and
``(B) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative support.
``(2) To be eligible to receive educational technology
funds under this section for school or other school managed
alternative learning environment, a local educational agency
must submit an application to the State educational agency.
If the local educational agency has an application approved
by the State under title III of the Goals 2000: Educate
America Act, the application required by this section shall
be a component of (or if necessary an addendum to) its Goals
2000 application. The local educational agency must also
receive State approval of a technology use plan which
includes--
``(A) a description of how the local educational agency
plans to use the financial assistance received under section
2205(b)(2) to improve the use of technology in instruction,
professional development and administration;
``(B) a description of how funds under section 2205(b)(2)
will be coordinated with other State, local and Federal
resources;
``(C) a description of how the school programs will use
other resources of the community and involve public agencies,
private industry, institutions of higher education, public
and private nonprofit organizations, and other appropriate
institutions;
``(D) assurances that the programs will be evaluated and
outcomes reported in terms of the level of implementation of
the technology-based resources funded by this title, the
impact on teaching and learning, the changes in the school
program, and the extent to which the school will sustain the
project after funding is terminated;
``(E) a description of how the plan will support State and
local content and performance standards;
``(F) provisions to support, as needed, individual teachers
to develop and implement technology-based intervention
projects, including those which respond to the needs of
students with disabilities;
``(G) a description of how the financial assistance will be
used as appropriate for the expansion and improvement of
professional development of teachers and other appropriate
personnel regarding the use of technology, including the
educational use of computers, videos, and telecommunications
to enhance learning such training and instruction may be
carried out through agreements with public agencies, private
industry, institutions of higher education, regional
educational laboratories and national research centers,
nonprofit organizations, (including museums) libraries,
educational television stations;
``(H) a description of a strategy for the enhanced
involvement of parents through the use of technology; and
``(I) a description of how the plan will address the needs
of students with disabilities.
``(3) A local educational agency for any fiscal year may
apply for financial assistance as part of a consortium with
other local educational agencies, institutions of higher
education, intermediate educational units, libraries, or
other appropriate educational entities to provide local
programs. The State educational agency may assist in the
formation of consortia between local educational agencies,
providers of educational services for adults and families,
institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities
to provide services for the teachers and students in a local
educational agency at the request of such local educational
agency.
``SEC. 2207. HIGHER EDUCATION PROGRAMS.
``(a) In General.--The amount apportioned under section
2205(c) from each State's allotment shall be used by the
State for education programs in accordance with the
provisions of this section.
``(b) Grants to Institutions of Higher Education.--(1) The
State agency for higher education, in accordance with the
State educational technology plan filed under section 2209,
shall make grants available on a competitive basis to
institutions of higher education in the State which form
partnerships with one or more local educational agencies.
``(2) The amount available under section 2205(c)(2) shall
be used for--
``(A) professional development for new teachers in the use
of technology as an educational tool;
``(B) professional development for elementary, secondary,
adult and family, and vocational school teachers and training
for other appropriate school personnel to improve their
ability to use educational technology in their teaching; and
``(C) programs to improve student performance in academic
and work skill areas through the use of technology.
``(3) No institution of higher education may receive
assistance under paragraph (2)(A), (B), and (C) unless the
institution enters into an agreement with a local educational
agency, or consortium of such agencies, to provide
professional development for the elementary and secondary
school teachers in the public and private schools of the
school district of each agency.
``(c) Cooperative Program.--The State higher education
agency may use funds described in section 2205(c)(2) to
achieve the objectives of section 2207 by establishing
cooperative programs among institutions of higher education,
private industry, and non-profit organizations, that include
one or more local education agencies, for the development and
dissemination of projects to improve student performance in
academic or work skill areas.
``(d) Reporting.--In accordance with section 2205(c), 5
percent of the funding available for higher education
partnerships may be used by the agency for higher education
for evaluating the programs funded under this section.
Reports on the progress of programs shall be provided to the
State educational agency annually.
``SEC. 2208. LIBRARY AND LITERACY PROGRAMS.
``(a) In General.--Except as provided in paragraph (2), the
amount apportioned under section 2205(d) from each State's
allotment under this section shall be used by the State to
assist literacy and education programs in accordance with the
provisions of this section.
``(b) Grants to Local Public Libraries.--(1) In accordance
with the State education technology plan filed under section
2209, the State library administrative agency shall make
grants available on a competitive basis to local public
libraries in the State which demonstrate involvement of one
or more local educational agencies and literacy programs or
organizations in their activities.
``(2) The amount available under section 2205(d)(2) shall
be used for--
``(A) developing programs that help libraries, local
educational agencies, and literacy programs use technology to
share services and resources and develop collaborative
activities that improve their performance and that of the
students in academic and work skill areas; and
``(B) professional development for library, literacy, and
other appropriate personnel to improve their skills in the
use of educational technology and telecommunications.
``(c) Cooperative Program.--The State library
administration agency may use funds described in section
2205(d)(2) to achieve the objectives of section 2208 by
establishing cooperative programs among public libraries,
literacy organizations, private industries, and nonprofit
education organizations, if such programs include one or more
local educational agencies.
``(d) Reporting.--In accordance with section 2205(d),
funding available for library and literacy programs may be
used by the library administrative agency for reporting and
evaluating the programs funded under this section. Reports on
the progress of programs shall be provided to the State
educational agency annually.
``SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.
``(a) Application.--(1) Each State educational agency which
desires to receive a grant under this title shall, in
consultation with the State agency for higher education and
the State library administrative agency, file a single
educational technology plan
[[Page 509]]
with the Secretary of Education which covers a period of 5
fiscal years. The State educational agency shall be
responsible for funding, supervising, and coordinating
programs described under this title and shall file the
educational technology plan at such time, in such manner, and
containing or accompanied by such financial, educational and
technological information as this section requires or as the
Secretary may reasonably require.
``(2) Such plan shall be--
``(A) integrated with the State's plan either approved or
being developed under the Goals 2000: Educate America Act,
and shall satisfy the requirements of this section that are
not already addressed by that State plan; or
``(B) if the State does not have an approved plan under the
Goals 2000: Educate America Act and is not developing such a
plan, integrated with other State plans under this Act and
satisfy the requirements of this section.
``(b) Contents of the Plan.--Each such plan shall--
``(1) designate the State agency or agencies responsible
for administering the elementary and secondary adult and
family programs under section 2206, and the higher education
programs under section 2207 and designate the State library
administrative agency to administer the library and literacy
programs under section 2208 in support of improved student
learning;
``(2) describe a financial plan developed by the State
educational agency, which shall describe--
``(A) financial assistance mechanisms to best fit the
technology needs of the State. Such mechanisms, which must be
included in the plan, may include, but not be limited to--
``(i) grants;
``(ii) matching grants;
``(iii) loans;
``(iv) loan guarantees; and
``(v) other credit enhancements.
``(B) describe criteria and approving procedures for
submitting applications for programs described in sections
2206, 2207, and 2208 for funding assistance under section
2205 within the State;
``(C) delineate processes for auditing and monitoring the
use of funds by recipients;
``(D) describe priorities for awarding funds under various
funding mechanisms; and
``(E) construe nothing in subsection (b)(2) to implicitly
or explicitly imply that the funds made available under this
subsection, through whatever mechanism is chosen by the State
agency, and recommended for approval to the Secretary are
backed by the full faith and credit of the Federal
Government;
``(3) designate the State education agency or another
single agency to carry out the financial plan developed by
the State education agency and to allocate funds received
under sections 2205 and 2212(a)(2). Such designated agency
shall be responsible for--
``(A) maintaining appropriate records of allocation of
funds, and, in the case of loans, adequate collection
procedures and records;
``(B) reporting annually to the Secretary on the use of
funds received under section 2212(a)(2);
``(4) describe an implementation strategy to coordinate the
expenditure of financial assistance paid under sections 2205
and 2212(a)(2) with other State and local funds, other
Federal funds and resources;
``(5) provide assurances that financial assistance provided
under section 2205 shall supplement, not supplant, State and
local funds;
``(6) describe how business, industry, and other public and
private agencies, including libraries, literacy programs, and
institutions of higher education, can participate in the
implementation, ongoing planning, and support of the plan;
``(7) delineate educational problems and needs in the
State, describe all learning environments supported by the
State plan, and specify how the application of technology
will address those and other needs including but not limited
to the special needs of--
``(A) urban and rural schools;
``(B) students with disabilities; and
``(C) disadvantaged students;
``(8) provide assurances that--
``(A) during the 5-year period of the plan, the State shall
evaluate its standards for teacher preparation in the use of
technology; and
``(B) programs conducted with State funds available under
this title shall be evaluated and an evaluation report shall
be submitted to the Secretary at the close of the third year
of funding;
``(9) describe how the State educational agency will
promote the purchase of equipment by local school districts
and schools that, when placed in operation, will provide the
greatest accessibility and equity for students and meet the
highest level of interoperability and open system design
within the emerging broad-based electronic information
highway that includes schools within the State;
``(10) describe the State's strategy for ensuring that
teachers, administrators and other education personnel have
access to the necessary staff development and technical
assistance to improve teaching and learning, school
administration, and the electronic transfer of, and access
to, information;
``(11) establish a method for continuously gathering and
disseminating current and emerging information on all aspects
of educational technology to all educators within the State;
``(12) describe how the State's planned use of technology
is supportive of the national education goals;
``(13) provide performance indicators and an evaluation
method for the State plan; and
``(14) create a planning process through which such plan is
reviewed and updated periodically.
``(c) Approval of Plans.--(1) The State educational agency
shall submit a plan for approval to the Secretary who shall
expeditiously review such State plan.
``(2) Any State that submits a plan that is not approved
shall receive assistance from the Secretary to improve its
plan.
``SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.
``(a) Application.--A local educational agency that desires
to receive financial assistance under section 2205, shall
submit to the State educational agency (singly or in
conjunction with other local educational agencies,
institutions of higher education, or an intermediate
educational unit) a plan which covers a 3-year period.
``(b) Contents of the Plan.--A local educational agency
plan shall--
``(1) assure that the programs will be evaluated, and
outcomes reported in terms of --
``(A) the level of implementation of the technology-based
resources funded by this title;
``(B) the impact on teaching and learning; and
``(C) the extent to which the school or other appropriate
learning environments will sustain the project after funding
is terminated;
``(2) be consistent with district level planning for
educational technology, and shall support the local and
State's curriculum frameworks;
``(3) make provision for technical support and professional
development as needed for individual teachers to develop and
implement technology-assisted instruction; and
``(4) provide a strategy for the enhanced involvement of
parents through the use of technology.
``SEC. 2211. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall, with
State and local representatives, develop procedures for State
and local evaluations of the programs under this title.
``(b) Evaluation Summary.--The Secretary shall submit to
the Congress 4 years after the enactment of this bill a
summary of the State evaluations of programs under this
subpart.
``SEC. 2212. ALLOCATION OF FUNDS.
``(a) In General.--(1) From the amount appropriated under
section 2213 for any fiscal year, the Secretary shall
reserve--
``(A) not more than one half of one percent for allocation
among Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, and the Trust Territory of the Pacific
Islands according to their respective needs for assistance
under this subpart; and
``(B) one half of 1 percent for programs for Indian
students served by schools funded by the Secretary of the
Interior consistent with the purposes of this subpart;
``(2) The remainder of the amount so appropriated after
meeting the requirements of paragraph (1) shall be allocated
among the States (for purposes of this section, the District
of Columbia and Puerto Rico shall be considered as States)
with approved State plans under section 2209 as follows--
``(A) \1/2\ of such remainder shall be allocated among the
States by allocating to each State an amount which bears the
same ratio to such \1/2\ of such remainder as the number of
children aged 5 to 17, inclusive, in the State bears to the
number of such children in all States;
``(B) \1/2\ of such remainder shall be allocated among the
States according to each State's share of allocations under
part A of title I of the Elementary and Secondary Education
Act of 1965, except that no State shall receive less than \1/
2\ of 1 percent of the amount available under this subsection
in any fiscal year or less than the amount allotted to such
State for fiscal year 1988 under title II of the Education
for Economic Security Act;
``(C) for the purposes of this subsection, the term
``State'' does not include Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, or the Trust Territory
of the Pacific Islands; and
``(D) the number of children aged 5 to 17, inclusive, in
the State and in all States shall be determined by the
Secretary on the basis of the most recent satisfactory data
available to the Secretary.
``(3) The Secretary shall make payments under paragraphs
(1)(A) and (1)(B) on whatever terms the Secretary determines
will best carry out the purposes of title I of this Act.
``(b) Reallotment of Unused Funds.--(1) The amount of any
State's allotment under subsection (a) for any fiscal year
which the Secretary determines will not be required for such
fiscal year to carry out part B of title II shall be
available for reallotment from time to time, on such dates
during such year as the Secretary may determine, to other
States in proportion to the original allotments to such
States under subsection (a) for such year, but with such
proportionate amount for any of such other States being
reduced to the extent it exceeds the sum the Secretary
estimates such State needs and will be able to use for such
year.
``(2) The total of reductions under paragraph (1) shall be
similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amounts reallotted to a
State under this subsection during a year shall be deemed a
subpart of its allotment under subsection (a) for such year.
[[Page 510]]
``SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $300,000,000 for
this subpart for 1995 and such sums as may be necessary for
each of the fiscal years 1996 through 1999.
``Subpart 2--Research, Development, and Demonstration of Educational
Technology
``SEC. 2214. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) technology has the potential to assist and support
the improvement of teaching and learning in schools and other
settings;
``(2) technology can provide students, parents, teachers,
and other education professionals with increased access to
information, instruction, and educational services in schools
and other settings, including homes, libraries, preschool and
child-care facilities, adult and family education programs,
and postsecondary institutions;
``(3) technology can produce far greater opportunities for
all students to learn to high standards and to promote
efficiency and effectiveness in education; and
``(4) the rapidly changing nature of technology requires
coordination and flexibility in Federal leadership.
``(b) Purposes.--The purposes of this subpart are to
promote achievement of the National Education Goals and to
increase the opportunity for all students to achieve to
challenging State standards by--
``(1) promoting awareness of the potential of technology
for improving teaching and learning;
``(2) supporting State and local efforts to increase the
effective use of technology for education;
``(3) demonstrating ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet challenging State
education standards;
``(4) ensuring the availability of knowledge drawn from
research and experience that can form the basis for sound
State and local decisions about investment in, and effective
uses of, educational technology;
``(5) promoting high-quality professional development
opportunities for teachers and administrators on the
integration of technology into instruction and
administration;
``(6) ensuring that Federal technology-related policies and
programs facilitate the use of technology in education; and
``(7) ensuring that, as technological advances are made,
the educational uses of these advances are considered and
their applications are developed.
``SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.
``There is established in the Department an Office of
Educational Technology, which shall be administered by a
Director of Educational Technology appointed by the
Secretary. The Office of Educational Technology, in
consultation with other appropriate agencies, shall provide
leadership to the Nation in the use of technology to promote
achievement of the National Education Goals and to increase
opportunities for all students to achieve to challenging
State standards, and shall perform such additional functions
as the Secretary may require.
``SEC. 2216. NATIONAL LONG-RANGE PLAN.
``(a) In General.--(1) The Secretary shall develop and
publish by September 30, 1995, and update when appropriate, a
national long-range plan to carry out the purposes of this
subpart.
``(2) The Secretary shall--
``(A) develop the plan in consultation with other Federal
agencies, State and local education practitioners and policy-
makers, experts in technology and the educational
applications of technology, and providers of technology
services and products;
``(B) transmit the plan to the President and to the
appropriate committees of the Congress; and
``(C) publish the plan in a form that is readily accessible
to the public.
``(b) Contents of the Plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this subpart, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
to challenging State standards, especially through programs
administered by the Department;
``(2) joint activities with other Federal agencies, such as
the National Endowment for the Humanities, the National
Endowment for the Arts, the National Aeronautics and Space
Administration, the National Science Foundation, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor, the National Institute for Literacy, to promote
the use of technology in education, and training and lifelong
learning, including plans for the educational uses of a
national information infrastructure, and to ensure that the
policies and programs of such agencies facilitate the use of
technology for educational purposes to the extent feasible;
``(3) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
``(4) how the Secretary will promote--
``(A) increased access to the benefits of technology for
teaching and learning for schools with high concentrations of
children from low-income families;
``(B) the use of technology to assist in the implementation
of State systemic reform strategies;
``(C) the application of technological advances to use in
education;
``(D) increased opportunities for the professional
development of teachers in the use of new technologies; and
``(E) increased access to high quality adult and family
education services through the use of technology for
instruction and professional development;
``(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations, and agencies,
the feasibility and desirability of establishing guidelines
and protocols to facilitate effective use of technology in
education; and
``(6) the Secretary's long-range measurable goals and
objectives relating to the purposes of this subpart.
``SEC. 2217. FEDERAL LEADERSHIP.
``(a) Program Authorized.--(1) In order to provide Federal
leadership in promoting the use of technology in education,
the Secretary, in consultation with the National Science
Foundation, the Department of Commerce, and other appropriate
Federal agencies, may carry out activities designed to
achieve the purposes of this subpart directly or by awarding
grants (pursuant to a peer review process) to, or entering
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, or
other public and private nonprofit or for-profit agencies and
organizations.
``(2) For the purpose of carrying out coordinated or joint
activities consistent with the purposes of this subpart, the
Secretary may accept funds from, and transfer funds to, other
Federal agencies.
``(b) Uses of Funds.--The Secretary may use funds
appropriated under this subpart for activities designed to
carry out the purpose of this subpart, and to meet the goals
and objectives of the national long-range plan under section
2216, including--
``(1) planning grants to States and local education
agencies, to enable such entities to examine and develop
strategies for the effective use of technology to help
achieve the objectives of the Goals 2000: Educate America
Act, the School-to-Work Opportunities Act of 1994, and the
National Literacy Act;
``(2) development grants to technical assistance providers,
to enable them to improve substantially the services they
offer to educators on the educational uses of technology,
including professional development;
``(3) consulting with representatives of industry,
elementary and secondary education, higher education, adult
and family education, and appropriate experts in technology
and its educational applications in carrying out activities
under this subpart;
``(4) research on, and the development of, guidelines and
protocols to facilitate efficient and effective use of
technology in education;
``(5) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
``(6) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
``(7) the development and evaluation of software and other
products, including television programming, that incorporate
advances in technology and help achieve the National
Education Goals and challenging State standards;
``(8) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel
to use technology effectively to improve teaching and
learning;
``(9) the development of model programs to demonstrate the
educational effectiveness of technology in urban and rural
areas and economically-distressed communities;
``(10) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
``(11) conferences on, and dissemination of information
about, the uses of technology in education;
``(12) the development of model strategies to promote
gender equity concerning access to, and the use of,
technology in the classroom;
``(13) the development, demonstration and evaluation of a
Buddy System Computer Education grant to each of three States
having demonstrated ability or commitment to computer-based
technology education to establish an education program for
students in 6th through 8th grades in which computers are
placed and linked in students' classrooms and homes; and
``(14) such other activities as the Secretary determines
would meet the purposes of this subpart.
``(c) Non-Federal Share.--(1) Subject to paragraph (2), the
Secretary is authorized to require any recipient of a grant
or contract under this subpart to share in the cost of its
project, which share shall be announced through a notice in
the Federal Register and may be in the form of cash or in-
kind contributions, fairly valued.
``(2) The Secretary may increase the non-Federal share
required of such recipient after the first year of the
recipient's project, except that such share may not exceed 50
percent at any time during the recipient's project.
``SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subpart, there are
authorized to be appropriated such sums as may be necessary
for each of the fiscal years 1995 through 1999.
[[Page 511]]
``Subpart 3--Star Schools Program
``SEC. 2219. FINDINGS.
The Congress finds that--
``(1) the Star Schools program has helped to encourage the
use of distance learning strategies to serve multi-State
regions primarily by means of satellite and broadcast
television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and
foreign language instruction, that the local educational
agency would not otherwise have been able to provide; and
``(3) distance learning programs could also be used to--
``(A) provide students of all ages in all types of schools
and educational settings with greater access to high-quality
instruction in the full range of core academic subjects that
would enable them to meet challenging, internationally
competitive, educational standards;
``(B) expand professional development opportunities for
teachers;
``(C) contribute to achievement of the National Education
Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 2220. STATEMENT OF PURPOSE.
``The purpose of this subpart is to encourage the expansion
and use of distance learning programs and technologies to
help--
``(1) improve teaching and learning;
``(2) achieve the National Education Goals;
``(3) all students learn to challenging State content
standards; and
``(4) increase participation in State and local educational
reform.
``SEC. 2221. PROGRAM AUTHORIZED.
``(a) Star School Awards.--The Secretary is authorized, in
accordance with this subpart, to make grants to eligible
entities for the Federal share of the cost of providing
distance learning programs, including--
``(1) developing, constructing, and acquiring
telecommunications facilities and equipment;
``(2) developing and acquiring instructional programming;
and
``(3) providing technical assistance regarding the use of
such facilities and instructional programming.
``(b) Authorization of Appropriations.--For the purpose of
carrying out this subpart, there are authorized to be
appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(c) Limitations.--(1) A grant under this section shall
not exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Not less than 25 percent of the funds available to
the Secretary for any fiscal year under this subpart shall be
used for the cost of instructional programming.
``(3) Not less than 50 percent of the funds available to
the Secretary for any fiscal year under this subpart shall be
used for the cost of facilities, equipment, teacher training
or retraining, technical assistance, or programming, for
local educational agencies that are eligible to receive
assistance under part A of title I of this Act.
``(d) Federal Share.--(1) The Federal share of the cost of
projects funded under this section shall not exceed 75
percent for the first and second years of the award, 60
percent for the third and fourth years, and 50 percent for
the fifth year.
``(2) The Secretary may reduce or waive the requirement of
the non-Federal share under paragraph (1) upon a showing of
financial hardship.
``(e) Authority To Accept Funds From Other Agencies.--The
Secretary is authorized to accept funds from other agencies
to carry out the purposes of this section, including funds
for the purchase of equipment.
``SEC. 2222. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--(1) The Secretary may make a
grant under section 2221 to any eligible entity, provided
that at least one local educational agency is participating
in the proposed project.
``(2) An eligible entity may include--
``(A) a public agency or corporation established for the
purpose of developing and operating telecommunications
networks to enhance educational opportunities provided by
educational institutions, teacher training centers, and other
entities, except that any such agency or corporation shall
represent the interests of elementary and secondary schools
that are eligible to participate in the program under part A
of title I of this Act; or
``(B) any two or more of the following, which will provide
a telecommunications network:
``(i) a local educational agency that has a significant
number of elementary and secondary schools that are eligible
for assistance under part A of title I of this Act, or
elementary and secondary schools operated or funded for
Indian children by the Department of the Interior eligible
under section 1121(b)(1) of this Act;
``(ii) a State educational agency;
``(iii) adult and family education programs;
``(iv) an institution of higher education or a State higher
education agency;
``(v) a teacher training center or academy that--
``(I) provides teacher pre-service and in-service training;
and
``(II) receives Federal financial assistance or has been
approved by a State agency;
``(vi)(I) a public or private entity with experience and
expertise in the planning and operation of a
telecommunications network, including entities involved in
telecommunications through satellite, cable, telephone, or
computer; or
``(II) a public broadcasting entity with such experience;
or
``(vii) a public or private elementary or secondary school.
``SEC. 2223. APPLICATIONS.
``(a) General Requirement.--Each eligible entity that
desires to receive a grant under this subpart shall submit an
application to the Secretary in such form, at such time, and
containing such information and assurances as the Secretary
may require.
``(b) Star School Award Applications.--Each application for
a grant authorized under section 2221 shall--
``(1) describe--
``(A) how the proposed project will assist in achieving the
National Education Goals set out in title I of the Goals
2000: Educate America Act, how it will assist all students to
have an opportunity to learn to challenging State standards,
how it will assist State and local educational reform
efforts, and how it will contribute to creating a high
quality system of lifelong learning;
``(B) the telecommunications facilities and equipment and
technical assistance for which assistance is sought, which
may include--
``(i) the design, development, construction, and
acquisition of district, multidistrict, State, or multistate
educational telecommunications networks and technology
resource centers;
``(ii) microwave, fiber optics, cable, and satellite
transmission equipment, or any combination thereof;
``(iii) reception facilities, satellite time, production
facilities, and other telecommunications equipment capable of
serving the intended geographic area;
``(iv) the provision of training services to instructors
who will be using the facilities and equipment for which
assistance is sought in using such facilities and equipment,
and in integrating programs into the class curriculum; and
``(v) the development of educational and related
programming for use on a telecommunications network;
``(C) the types of programming that will be developed to
enhance instruction and training, including an assurance that
such programming will be designed in consultation with
professionals who are experts in the applicable subject
matter and grade level;
``(D) how the eligible entity has engaged in sufficient
survey and analysis of the area to be served to ensure that
the services offered by the eligible entity will increase the
availability of courses of instruction in English,
mathematics, science, foreign languages, arts, history,
geography, or other disciplines;
``(E) the professional development policies for teachers
and other school personnel to be implemented to ensure the
effective use of the telecommunications facilities and
equipment for which assistance is sought;
``(F) the manner in which historically underserved students
(such as students from low-income families, limited English
proficient students, disabled students, or students who have
low literacy skills) and their families will participate in
the benefits of the telecommunications facilities, equipment,
technical assistance, and programming assisted under this
subpart;
``(G) how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(H) the activities or services for which assistance is
sought, such as--
``(i) providing facilities, equipment, training services,
and technical assistance;
``(ii) making programs accessible to individuals with
disabilities through mechanisms such as closed captioning and
descriptive video services;
``(iii) linking networks around issues of national
importance (such as elections) or to provide information
about employment opportunities, job training, or student and
other social service programs;
``(iv) sharing curriculum materials between networks;
``(v) providing teacher and student support services;
``(vi) incorporating community resources such as libraries
and museums into instructional programs;
``(vii) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational
education teachers and staff, and adult and family educators;
and
``(viii) providing programs for adults at times other than
the regular school day in order to maximize the use of
telecommunications facilities and equipment; and
``(I) how the proposed project as a whole will be financed
and how arrangements for future financing will be developed
before the project expires;
``(2) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I of this Act; snf
``(3) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this subpart.
``(c) Priorities.--The Secretary shall, in approving
applications for grants authorized under section 2221, give
priority to applications that--
[[Page 512]]
``(1) propose high-quality plans to assist in achieving one
or more of the National Education Goals as set out in title I
of the Goals 2000: Educate America Act, would provide
instruction consistent with State content standards, or would
otherwise provide significant and specific assistance to
States and local educational agencies undertaking systemic
education reform under title III of the Goals 2000: Educate
America Act;
``(2) would provide servcies to programs serving adults,
especially parents, with low levels of literacy; and
``(3) would serve schools with significant numbers of
children counted for the purposes of part A of title I of
this Act.
``(d) Geographic Distribution.--In approving applications
for grants authorized under section 2221, the Secretary
shall, to the extent feasible, ensure an equitable geographic
distribution of services.
``SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Set-Aside.--From amounts appropriated under section
2221(b), the Secretary may reserve up to 10 percent for
national leadership, evaluation, and peer review activities.
``(b) Method of Funding.--The Secretary may fund the
activities described in subsection (a) directly or through
grants, contracts, and cooperative agreements.
``(c) Uses of Funds.--(1) Funds reserved for leadership
activities may be used for--
``(A) disseminating information, including lists and
descriptions of services available from recipients; and
``(B) other activities designed to enhance the quality of
distance learning activities nationwide.
``(2) Funds reserved for evaluation activities shall be
used to conduct independent evaluations of the Star Schools
program under this subpart and of distance learning in
general, including--
``(A) analyses of distance learning efforts, including both
Star Schools projects and efforts not funded by the program
under this subpart; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance learning
efforts.
``(3) Funds reserved for peer review activities may be used
for peer review of both proposals and funded projects.
``SEC. 2225. DEFINITIONS.
``For the purpose of this subpart, the following terms have
the following meanings:
``(1) The term `educational institution' means an
institution of higher education, a local educational agency,
or a State educational agency.
``(2) The term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by
means of telecommunications devices.
``(3) The term `public broadcasting entity' has the same
meaning given that term in section 397 of the Communications
Act of 1934.
``Subpart 4--Development of Educational Technology Products
``SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
``(a) Purpose.--It is the purpose of this section to
support the development of curriculum-based learning
resources and systems using state-of-the-art technologies and
techniques designed to improve student learning.
``(b) Federal Assistance Authorized.--
``(1) In general.--The Secretary shall provide assistance,
on a competitive basis, to eligible consortia to enable such
entities to develop, produce, and distribute state-of-the-art
technology-enhanced instructional resources and programming
for use in the classroom or to support professional
development for teachers.
``(2) Grants and loans authorized.--In carrying out the
purposes of this section, the Secretary is authorized to pay
the Federal share of the cost of the development, production,
and distribution of state-of-the-art technology enhanced
instructional resources and programming--
``(A) by awarding grants to, or entering into contracts or
cooperative agreements with eligible consortia; or
``(B) by awarding loans to eligible consortia which--
``(i) shall be secured in such manner and be repaid within
such period, not exceeding 20 years, as may be determined by
the Secretary;
``(ii) shall bear interest at a rate determined by the
Secretary which shall be not more than the total of one-
quarter of 1 percent per annum added to the rate of interest
paid by the Secretary on funds obtained from the Secretary of
the Treasury; and
``(iii) may be forgiven by the Secretary, in an amount not
to exceed 25 percent of the total loan, under such terms and
conditions as the Secretary may consider appropriate.
``(3) Federal share.--The Secretary shall require any
recipient of a grant, contract, or loan under this section to
share in the cost of the activities supported with such
assistance.
``(4) Eligible consortium.--For the purpose of this
section, the term `eligible consortium' means a consortium
consisting of--
``(A) State or local educational agencies in partnership
with business, industry, or telecommunications entity;
``(B) a business, industry, or telecommunications entity;
``(C) a public or private nonprofit organization; or
``(D) an institution of higher education.
``(5) Private sector advisory board.--The Secretary shall
establish an advisory board which shall provide advice and
counsel to the Secretary concerning the most effective means
of implementing the provisions of this section. Such board
shall--
``(A) include educators, school administrators, and
policymakers knowledgeable about the technology and
curriculum needs of State and local education agencies, and
adult and family educators;
``(B) include representatives of private for-profit and
nonprofit entities engaged in the production and development
of educational software and other technology-based learning
resources;
``(C) make recommendations to the Secretary concerning the
types and terms of Federal financial assistance which promise
to be most effective in advancing the purposes of this
section; and
``(D) regularly evaluate the implementation of this
section.
``(6) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to applications
describing programs or systems that--
``(A) promote the acquisition of higher-order thinking
skills and promise to raise the achievement levels of all
students, particularly disadvantaged students who are not
realizing their potential;
``(B) are aligned with challenging content standards and
State and local curriculum frameworks;
``(C) may be adapted and applied nationally at a reasonable
cost;
``(D) covert technology resources developed with support
from the Department of Defense and other Federal agencies for
effective use in the classroom;
``(E) promise to reduce the costs of providing high-quality
instruction; and
``(F) promise to expand access to high-quality instruction
in content areas which would otherwise not be available to
students in rural and urban communities or who attend other
educational agencies with limited financial resources.
``(7) Requirements for federal assistance.--Each eligible
consortium desiring Federal assistance under this section
shall submit an application to the Secretary at such time and
in such manner as the Secretary may prescribe. Each
application shall include--
``(A) a description of how the program or system shall
improve the achievement levels of students of all ages;
``(B) a description of how teachers associated with the
program will be trained to integrate technology in the
classroom;
``(C) a description of how the design, development,
piloting, field testing, and distribution of the program or
system will be carried out;
``(D) an assurance that the program or system shall
effectively serve a large number or percentage of
economically disadvantaged students;
``(E) plans for dissemination to a wide audience of
learners; and
``(F) provisions for closed captioning or descriptive video
where appropriate.
``(c) Evaluation.--The Secretary shall provide for the
independent evaluation of programs or systems developed with
assistance under this section and shall regularly collect and
disseminate to State and local educational agencies and to
the public information about the usefulness and effectiveness
of such programs or systems.
``(d) Royalties.--Notwithstanding any other provision of
law, the Secretary is authorized to require that a portion of
any royalty paid as a result of assistance provided under
this section be deposited in a central fund for the purposes
of--
``(1) recovering all or part of the Federal share of the
costs of developing, producing, and distributing the product
for which such royalty is paid; and
``(2) carrying out the provisions of this section.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $50,000,000 for fiscal year 1995 and such sums
as may be necessary for fiscal years 1996, 1997, 1998, and
1999.
``PART C--LIBRARY MEDIA PROGRAM
``SEC. 2231. ESTABLISHMENT OF PROGRAM.
``The Secretary shall award grants from allocations under
section 2232 to States for the acquisition of school library
media resources for the use of students, library media
specialists, and teachers in elementary and secondary
schools.
``SEC. 2232. ALLOCATION TO STATES.
``From the amount appropriated pursuant to section 2205 in
each fiscal year, the Secretary shall allocate to each State
having an approved plan under section 2233 as follows:
``(1) For appropriations below $50,000,000, at the
discretion of the Secretary, taking into account such factors
as the age and condition of the State's existing library
media collections.
``(2) For appropriations of $50,000,000 and above to each
State an amount which bears the same ratio to such funds as
the amount such State received under section 1122 of title I
bears to the amount all States received under section 1122 in
such year; except that no State shall receive less than one-
half of one percent of such funds.
``SEC. 2233. STATE PLANS.
``(a) In General.--In order for a State to receive an
allocation of funds under section
[[Page 513]]
2232 for any fiscal year, such State shall have in effect for
such fiscal year a State plan. Such plan shall--
``(1) designate the State educational agency as the State
agency responsible for the administration of the program
described in this part;
``(2) set forth a program under which funds paid to the
State from its allocation under section 2202 will be expended
solely for--
``(A) acquisition of school library media resources,
including foreign language resources, for the use of
students, school library media specialists, and teachers in
elementary and secondary schools in the United States; and
``(B) administration of the State plan, including
development and revision of standards, relating to school
library media resources; except that the amount used for
administration of the State plan in any fiscal year shall not
exceed 5 percent of the amount allocated to such State under
section 2232 for such fiscal year; and
``(3) set forth the criteria to be used in allotting funds
for school library media resources among the local
educational agencies of the State, which allotment shall take
into consideration the relative need of the students, school
media specialists, and teachers to be served.
``(b) Plan Submission.--The State plan may be submitted as
part of a consolidated application under section 9302.
``SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL
AGENCIES.
``From the funds allocated to a State under section 2202 in
each fiscal year, such State shall distribute not less than
99 percent of such funds in such year to local educational
agencies within such State according to the relative
enrollment of students in elementary and secondary schools
within the school districts of such State, adjusted to
provide higher per-pupil allotments to local educational
agencies that have the greatest number or percentages of
students whose education imposes a higher than average cost
per child, such as those students--
``(1) living in areas with high concentrations of low-
income families;
``(2) from low-income families; and
``(3) living in sparsely populated areas.
``SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
part $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.
``PART D--SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS
``SEC. 2341. FINDINGS.
``The Congress finds that--
``(1) high-quality technical assistance can enhance the
improvements in teaching and learning achieved through the
implementation of programs under this Act;
``(2) comprehensive technical assistance and effective
program dissemination are essential ingredients of the
overall strategy of the reauthorization of this Act to
improve programs and to provide all children opportunities to
meet challenging State performance standards;
``(3) States, local educational agencies, tribes, and
schools serving students with special needs, such as students
with limited English proficiency, have great need for
comprehensive technical assistance in order to use funds
under this Act to provide such students with opportunities to
learn to challenging State standards;
``(4) current technical assistance and dissemination
efforts are fragmented and categorical in nature, and thus
fail to address adequately the needs of States and local
educational agencies and tribes for help in integrating into
a coherent strategy for improving teaching and learning the
various programs under this Act with State and local programs
and other education reform efforts;
``(5) too little creative use is made of technology as a
means of providing information and assistance in a cost-
effective way;
``(6) comprehensive technical assistance can help schools
and school systems focus on improving opportunities for all
children to reach challenging State performance standards, as
they implement programs under this Act;
``(7) comprehensive technical assistance would provide
coordinated assistance to help States, local educational
agencies, tribes, participating colleges and universities,
and schools integrate Federal, State, and local education
programs in ways that contribute to improving schools and
entire school systems;
``(8) technical assistance in support of programs under
this Act should be coordinated with the Department's regional
offices, the regional educational laboratories, State
Literacy Resource Centers, vocational resource centers, and
other technical assistance efforts supported by the
Department;
``(9) technical assistance providers should prioritize
assistance to local educational agencies and schools; and
``(10) technical assistance should both encourage the
integration of categorical programs and ensure that students
with special needs, such as limited English proficiency
students, are served fully.
``SEC. 2342. PURPOSE.
``The purpose of this part is to create a national
technical assistance and dissemination system to make
available to States, local educational agencies, tribes,
schools, and other recipients of funds under this Act
technical assistance in--
``(1) implementing programs authorized by this Act in a
manner that improves teaching and learning for all students;
``(2) coordinating those programs with other Federal,
State, and local education plans and activities, so that all
students are provided opportunities to meet challenging State
performance standards, in particular students at risk of
educational failure; and
``(3) adopting, adapting, and implementing promising and
proven practices for improving teaching and learning.
``SEC. 2343. PROGRAMS AUTHORIZED.
``(a) Comprehensive Assistance Centers.--The Secretary is
authorized to award grants or enter into contracts with
public or private nonprofit entities or consortia to
establish a networked system of 15 centers to provide
comprehensive research-based training and technical
assistance to States, local educational agencies, schools,
tribes, community-based organizations, and other recipients
of funds under this Act in their administration and
implementation of programs authorized by this Act. In
establishing centers and allocating resources among the
centers, the Secretary shall consider the geographic
distribution of title I students; the geographic and
linguistic distribution of students of limited English
proficiency; the geographic distribution of Indian students;
the special needs of students living in rural areas; and the
special needs of States and territories in geographic
isolation.
``(b) State-Based Assistance.--The Secretary is authorized
to award grants or enter into contracts with public and
private nonprofit entities to establish an assistance agency
in each State and territory and in the Bureau of Indian
Affairs. This program shall be called the National Diffusion
Network and will assist States, local educational agencies,
schools, and other appropriate educational entities in
identifying and securing appropriate, high-quality technical
assistance, provide information on and assistance in adopting
effective programs and practices, and work cooperatively with
the Comprehensive Assistance Centers to improve teaching and
learning and raise standards for all students.
``(c) Accountability.--To ensure the quality and
effectiveness of the technical assistance system supported
under this part, the Secretary shall--
``(1) provide for an external peer review (including
representatives of the populations served under this Act) of
the centers under this part every 2 years;
``(2) develop, in consultation with the Assistant Secretary
for Elementary and Secondary Education, the Director of
Bilingual Education and Minority Languages Affairs, and the
Assistant Secretary for Educational Research and Improvement,
a set of performance indicators, for use during the peer
reviews required by paragraph (1), that assesses whether the
work of the centers assists in improving teaching and
learning under this Act for all children, in particular
children at risk of educational failure;
``(3) require each center to publish, and disseminate
widely throughout its region, an annual report on its
services and accomplishments and how those services and
accomplishments relate to the performance indicators
developed under paragraph (2);
``(4) conduct periodic surveys of users of the centers'
services to determine if users are satisfied with the access
to and quality of such services;
``(5) collect, as part of the Department's reviews of
programs under this Act, information about the availability
and quality of services provided by the centers, and share
that information with the centers;
``(6) take whatever steps are reasonable and necessary to
ensure that each center performs its responsibilities in a
satisfactory manner, which may include termination of an
award under this part (if the Secretary concludes that
performance has been unsatisfactory) and the selection of a
new center, as well as whatever interim arrangements the
Secretary determines are necessary to ensure the satisfactory
delivery of services under this part to the affected region;
and
``(7) provide for an independent evaluation of the
comprehensive assistance centers and the National Diffusion
Network authorized by this part and report the results of
that evaluation to Congress prior to the next reauthorization
of this Act.
``(d) Contract Period.--Grants or contracts awarded under
this section shall be awarded for a period of 5 years
following the extension of contracts and grants under section
2346(d).
``SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSISTANCE
CENTERS.
``Each comprehensive assistance center established under
section 2343(a)--
``(1) shall maintain staff expertise in at least all of the
following areas:
``(A) Instruction, curriculum improvement, assessment,
school reform, and other aspects of title I of this Act.
``(B) Meeting the needs of children served under this Act,
including children in high-poverty areas, migratory children,
immigrant children, children with limited English
proficiency, neglected or delinquent children, homeless
children and youth, Indian children, and children with
disabilities and where applicable, Alaskan Native children
and Native Hawaiian children.
``(C) Professional development for teachers, other school
staff, and administrators to help students meet challenging
State performance standards.
``(D) Bilingual education, including programs that
emphasize English and native language proficiency and promote
multicultural understanding.
[[Page 514]]
``(E) Safe and drug-free schools.
``(F) Educational applications of technology.
``(G) Parent involvement and participation.
``(H) The reform of schools and school systems.
``(I) Program evaluation.
``(J) Coordination of services.
``(K) School governance and management.
``(L) Partnerships between the public and private sector,
including the formation of partnerships between schools and
businesses;
``(2) shall ensure, where appropriate, staff expertise in
the special needs of students living in rural areas and in
the special needs of local education agencies serving rural
areas;
``(3) shall ensure that technical assistance staff have
sufficient training, knowledge, and expertise in how to
integrate and coordinate programs under this Act with each
other, as well as with other Federal, State, and local
programs and reforms, and reflect the diverse linguistic and
cultural expertise appropriate to the region served;
``(4) shall provide technical assistance using the highest
quality and most cost-effective strategies possible;
``(5) shall coordinate services, work cooperatively, and
regularly share information with the regional education
laboratories, the Eisenhower Regional Math and Science
consortia, research and development centers, State literacy
centers, and other entities engaged in research, development,
dissemination, and technical assistance activities which are
supported by the Department of Education as part of a Federal
technical assistance system, to provide a broad range of
support services to schools in the region while minimizing
the duplication of such services; and
``(6) shall provide services to States, local educational
agencies, tribes, and schools through or in coordination with
the State Facilitators of the National Diffusion Network as
authorized in section 2343(b) in order to better implement
the purposes of this section and provide the support and
assistance diffusion agents need to carry out their mission
effectively.
``SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CENTERS.
``(a) In General.--Each center established under section
2343(a) shall provide comprehensive, integrated technical
assistance services focused on improving teaching and
learning.
``(b) Support and Assistance.--Comprehensive centers shall
provide support and assistance to State educational agencies,
tribal divisions of education, local educational agencies,
schools, and other grant recipients under this Act in--
``(1) the development of plans for integrating programs
under this Act with other Federal programs and with State,
local and tribal reform efforts;
``(2) the development, selection, and use of challenging,
high-quality curricula aligned with high standards and
assessments;
``(3) the identification, adaptation, or development of
instructional strategies and materials which meet the needs
of children receiving assistance under this Act;
``(4) the development of valid, reliable, and
nondiscriminatory systems of assessment which reflect recent
advances in the field of education assessment;
``(5) the development, selection, and implementation of
effective schoolwide projects;
``(6) improving the capacity of educators, school
administrators, counselors, and other school personnel to
assist students to reach challenging standards, especially
those students furthest from such standards, through the
expansion and strengthening of professional development
activities;
``(7) expanding and improving opportunities for parents to
participate in the education of their children at home and at
school;
``(8) creating safe and drug-free environments, especially
in areas experiencing high levels of drug use and violence in
the community and schools;
``(9) the coordination of services and programs to meet the
needs of students so that they can fully participate in the
educational program of the school;
``(10) the evaluation of educational programs;
``(11) educational applications of technology, when
appropriate, in coordination with the regional mathematics
and science education consortia;
``(12) reforming the governance and management of schools;
and
``(13) establishing public/private education partnerships,
including school/business partnerships.
``(c) Additional Duties.--Additional duties include--
``(1) assisting States, local educational agencies, tribal
divisions of education, and schools in replicating and
adapting exemplary and promising educational programs,
policies, and practices through or in coordination with the
National Diffusion Network State Facilitator;
``(2) assisting State educational agencies and local
educational agencies to develop school support teams to work
with schoolwide programs under title I of this Act; and
``(3) assisting State educational agencies, local
educational agencies, and the National Diffusion Network
State Facilitators to increase their capacity to provide
high-quality technical assistance in support of programs
under this Act.
``SEC. 2346. SERVICE AND APPLICATION REQUIREMENTS.
``(a) Maintenance of Service.--The Secretary shall ensure
that the comprehensive assistance centers funded under this
part provide technical assistance services that address the
needs of bilingual, migrant, immigrant, and Indian students
that are at least comparable to the level of such technical
assistance services provided under programs administered by
the Secretary prior to the date of the enactment of the
Improving America's Schools Act of 1994.
``(b) Minimum Funds.--
``(1) Maintenance of effort.--In awarding grants or
contracts for comprehensive assistance centers, the Secretary
shall ensure that the proportion of funds used to provide
services that address the needs of limited-English-
proficient, immigrant, and migrant students shall be no less
than the proportion of funds expended under grants or
contracts expiring in fiscal year 1995 for categorical
technical assistance centers serving limited-English-
proficient and migrant students.
``(2) Indian students.--In awarding grants or contracts for
comprehensive assistance centers, the Secretary shall ensure
that the proportion of funds used to provide services that
address the need of Indian students through the comprehensive
centers established in section 2343(a) shall be no less than
the proportion of funds expended under grants or contracts
expiring in fiscal year 1995 for technical assistance centers
serving Indian students.
``(c) Application.--Applications for funds under subsection
(a)(2) shall include how centers will--
``(1) provide expertise in the areas listed in section
2344(l);
``(2) work with the National Diffusion Network authorized
in section 2343(b) to conduct outreach to local educational
agencies prioritized in section 2348;
``(3) demonstrate support from States and local educational
agencies and tribes in the area to be served;
``(4) ensure a fair distribution of services to urban and
rural areas;
``(5) utilize technology to provide technical assistance;
and
``(6) provide other information the Secretary may require.
In approving applications to comprehensive centers serving
Indian students, the Secretary shall give priority to
applications from consortia that include Indian educational
agencies, organizations, or institutions.
``(d) Transition.--The Secretary shall, notwithstanding any
other provision of law, use funds appropriated under section
2351 to extend or continue existing contracts and grants for
categorical technical assistance centers and for National
Diffusion Network State Facilitator and Developer
Demonstrators through fiscal year 1995 and take other
necessary steps to ensure a smooth transition of this part.
``SEC. 2347. STATE-BASED ACTIVITIES.
``(a) Purposes.--The Secretary shall establish a State-
based outreach, dissemination, training, and consultation
component of the National Technical Assistance and
Dissemination System through the National Diffusion Network
and its State Facilitators.
``(b) In General.--The Department of Education, through the
Office of Educational Research and Improvement shall award
grants or enter into contracts with public or private
nonprofit educational organizations or institutions in each
State with demonstrated experience, expertise, and commitment
in the areas of applied education research and program
dissemination to carry out activities described in subsection
(c).
``(c) National Diffusion Network State Facilitators.--
National Diffusion Network State Facilitators shall work in
coordination with the comprehensive assistance centers to
assist State educational agencies, local educational
agencies, tribal divisions of education, schools, family and
adult literacy programs, and other appropriate educational
entities to--
``(1) define their technical assistance needs and align
them with school reform, professional development, and
technology plans;
``(2) secure the technical assistance services that can
best fulfill their needs by utilizing Department of Education
technical assistance centers, regional education
laboratories, Eisenhower Regional consortia, State Literacy
Resource Centers, and other technical assistance providers
including local providers of professional development
services;
``(3) identify educational technology needs and secure the
necessary technical assistance to address them;
``(4) prepare for on-site, intensive technical assistance
provided by the comprehensive centers, labs, or other service
providers;
``(5) utilize technology, including regional and national
electronic networks, to increase their access to technical
assistance, professional development services, and
dissemination of exemplary practices and materials;
``(6) deliver high-quality professional development
services to their school-based educators; and
``(7) provide organizational development services to
facilitate school-based change.
``(d) Additional Duties.--In addition, National Diffusion
Network State Facilitators shall--
``(1) disseminate information about school reform and
effective and promising practices and help local educational
agencies and schools adapt them to their needs;
``(2) facilitate communications between educators to assist
the sharing of promising
[[Page 515]]
practices and to foster school reform and professional
development;
``(3) coordinate their activities with school support teams
and distinguished educators in their State;
``(4) coordinate, work cooperatively with, and regularly
share information with the comprehensive centers, the
Regional Education Laboratories, and other entities engaged
in research, development, dissemination, and technical
assistance activities which are supported by the Department
of Education;
``(5) develop and implement an aggressive outreach plan for
reaching the local educational agencies and schools
identified as priorities in section 2308; and
``(6) provide technical, dissemination, and support
assistance to States, local educational agencies, and schools
using the highest quality and most cost-effective methods
available.
``(e) National Diffusion Network Effective Practices.--The
Secretary shall develop a system of validating effective
programs and promising practices for dissemination through
the National Diffusion Network. Such programs may include
exemplary programs funded through any office of the
Department of Education, the National Science Foundation, or
other Federal agencies. Such a system should be coordinated,
aligned with, and administered by the Office of Educational
Research and Improvement Office of Reform Assistance and
Dissemination. The Secretary shall give priority to
identifying, validating, and disseminating effective
schoolwide projects, programs addressing the needs of high
poverty schools, and programs with the capacity to offer
high-quality, sustained technical assistance. The Office of
Educational Research and Improvement Office of Reform
Assistance and Dissemination shall also administer a grants
program to such validated Effective Practices for the purpose
of dissemination and the provision of technical assistance.
``SEC. 2348. PROGRAM PRIORITIES.
``Both the comprehensive centers and the National Diffusion
Network shall give priority service to schoolwide projects
and to local educational agencies, and Bureau of Indian
Affairs schools with the highest percentage or numbers of
poor children.
``SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
``The Secretary is also authorized to provide a technology-
based technical assistance service that will--
``(1) support the administration and implementation of
programs authorized by this Act by providing information,
including legal and regulatory information, and technical
guidance and information about best practices; and
``(2) be accessible to all States, local educational
agencies, schools, and others who are recipients of funds
under this Act.
``SEC. 2350. ADMINISTRATION.
``The program authorized by this part shall be jointly
administered by the Assistant Secretary for Elementary and
Secondary Education, the Director of Bilingual Education and
Minority Languages Affairs, and the Assistant Secretary for
Educational Research and Improvement.
``SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.
``For the purposes of carrying out this part, there are
authorized to be appropriated $70,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999. Of the funds appropriated
under this part, not less than $25,000,000 shall be made
available to support activities of the National Diffusion
Network authorized in section 2343(b).
``PART E--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of the
Education Consolidation and Improvement Act of 1981 has been
successful in achieving the goals of increasing local
flexibility, reducing administrative burden, providing
services for private school students, encouraging innovation,
and contributing to the improvement of elementary and
secondary educational programs.
``(b) Statement of Purpose.--It is the purpose of programs
under this part:
``(1) To support local education reform efforts which are
consistent with and support statewide reform efforts under
Goals 2000: Educate America Act.
``(2) To support State and local efforts to accomplish the
National Education Goals.
``(3) To provide funding to enable State and local
educational agencies to implement promising educational
reform programs that can be supported by State and local
sources of funding after such programs are demonstrated to be
effective.
``(4) To provide a continuing source of innovation,
educational improvement, and support for library services and
instructional materials, including media materials.
``(5) To meet the special educational needs of at risk and
high cost students.
``(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this part is within the State educational agencies, but
it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this part will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because they
have the most direct contact with students and are most
likely to be able to design programs to meet the educational
needs of students in their own districts.
``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURATION OF
ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this
part, there are authorized to be appropriated $435,000,000
for fiscal year 1995 and such sums in each of the fiscal
years 1996 through 1999.
``(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending September 30, 1999, the Secretary
shall, in accordance with the provisions of this part, make
payments to State educational agencies for the purpose of
this section.
``SEC. 2403. DEFINITION.
``For the purposes of this part the term `effective schools
programs' means school-based programs that may encompass
preschool through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children
and particularly educationally deprived children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
``(A) Strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving.
``(B) Emphasis on the acquisition of basic and higher order
skills.
``(C) A safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement.
``(D) A climate of expectation that virtually all children
can learn under appropriate conditions.
``(E) Continuous assessment of students and programs to
evaluate the effects of instruction.
``Subpart 1--State and Local Programs
``SEC. 2411. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this subpart in any fiscal year, the Secretary shall
reserve not to exceed 1 percent for payments to Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau (until the effective date of the Compact
of Free Association with the Government of Palau), to be
allotted in accordance with their respective needs.
``(b) Allotment.--From the remainder of such sums the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such remainder.
``(c) Definitions.--For purposes of this subpart--
``(1) The term `school-age population' means the population
aged 5 through 17.
``(2) The term `States' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each
year to carry out this part, the State educational agency
shall distribute not less than 85 percent to local
educational agencies within such State according to the
relative enrollments in public and private, nonprofit schools
within the school districts of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to
provide higher per pupil allocations to local educational
agencies which have the greatest numbers or percentages of
children whose education imposes a higher than average cost
per child, such as--
``(1) children living in areas with high concentrations of
low-income families,
``(2) children from low-income families, and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--(1) The calculation of
relative enrollments under subsection (a) shall be on the
basis of the total of--
``(A) the number of children enrolled in public schools,
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in
programs or projects assisted under this part, for the fiscal
year preceding the fiscal year in which the determination is
made. Nothing in this subsection shall diminish the
responsibility of local educational agencies to contact, on
an annual basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in order to
determine whether such schools desire that their children
participate in programs assisted under this part.
``(2)(A) Relative enrollments under subsection (a) shall be
adjusted, in accordance with criteria approved by the
Secretary under subparagraph (B), to provide higher per pupil
allocations only to local educational agencies which serve
the greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families,
``(ii) children from low-income families, or
``(iii) children living in sparsely populated areas.
``(B) The Secretary shall review criteria submitted by a
State educational agency for
[[Page 516]]
adjusting allocations under paragraph (1) and shall approve
such criteria only if the Secretary determines that such
criteria are reasonably calculated to produce an adjusted
allocation that reflects the relative needs within the
State's local educational agencies based on the factors set
forth in subparagraph (A).
``(c) Payment of Allocations.--
``(1) From the funds paid to it pursuant to section 2402
for a fiscal year, a State educational agency shall
distribute to each eligible local educational agency which
has submitted an application as required in section 2423 the
amount of its allocation as determined under subsection (a).
``(2)(A) Additional funds resulting from higher per pupil
allocations provided to a local educational agency on the
basis of adjusted enrollments of children described in
subsection (a), may, at the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public and private
nonprofit schools in direct proportion to the number of
children described in subsection (a) and enrolled in such
schools within the local educational agency.
``(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner
described in subparagraph (A) shall allocate all additional
funds to schools within the local educational agency in such
manner.
``(C) The provisions of subparagraphs (A) and (B) may not
be construed to require any school to limit the use of such
additional funds to the provision of services to specific
students or categories of students.
``Subpart 2--State Programs
``SEC. 2421. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency
may use funds reserved for State use under this section only
for--
``(1) State administration of programs under this section
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this part; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which assist
local educational agencies to provide targeted assistance.
``(b) Limitations and Requirements.--Not more than 25
percent of funds available for State programs under this part
in any fiscal year may be used for State administration under
subsection (a)(1).
``SEC. 2423. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to
receive a grant under this subpart shall submit to the
Secretary an application which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this part;
``(2)(A) provides for an annual submission of data on the
use of funds, the types of services furnished, and the
students served under this section; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this subpart;
``(3) sets forth the allocation of such funds required to
implement section 2452;
``(4) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under
this section);
``(5) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision making processes of
local educational agencies as to the expenditure made
pursuant to an application under section 2433; and
``(6) contain assurances that there is compliance with the
specific requirements of this part.
``(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed 3 years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
``(c) Audit Rule.--Notwithstanding section 1745 of the
Omnibus Budget Reconciliation Act of 1981, local educational
agencies receiving less than an average of $5,000 each under
this section need not be audited more frequently than once
every 5 years.
``Subpart 3--Local Targeted Assistance Programs
``SEC. 2431. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds allocated for use under this
subpart shall be used by local educational agencies for
targeted assistance described in subsection (b).
``(b) Targeted Assistance.--The targeted assistance
programs referred to in subsection (a) include--
``(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to
use effectively such equipment and software;
``(2) instructional and educational materials, assessments,
and library services and materials (including media
materials) tied to high academic standards and which are part
of an overall education reform program;
``(3) promising education reform projects, including
effective schools and 21st Century Learning Center school
projects in accordance with subpart 4; and
``(4) computer hardware and software purchased under this
section should be used only for instructional purposes.
``SEC. 2432. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
reserved for this part to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums, and other public and
private nonprofit agencies, organizations, and institutions.
``SEC. 2433. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency
or consortia of local educational agencies may receive an
allocation of funds under this subpart for any year for which
an application is submitted to the State educational agency
and such application is certified to meet the requirements of
this section. The State educational agency shall certify any
such application if such application--
``(1)(A) sets forth the planned allocation of funds among
targeted assistance programs described in section 2431 of
this part and describes the programs, projects and activities
designed to carry out such targeted assistance which it
intends to support, together with the reasons for selection
of such programs, projects and activities; and
``(B) sets forth the allocation of such funds required to
implement section 2452;
``(2) describes how assistance under this section will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality of
education for students;
``(3) provide assurances of compliance with the provisions
of this part, including the participation of children
enrolled in private, nonprofit schools in accordance with
section 2452;
``(4) agrees to keep such records, and provide such
information to the State educational agency as may reasonably
be required for fiscal audit and program evaluation,
concession with the responsibilities of the State agency
under this part; and
``(5) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning and implementation of such programs, for systematic
consultation with parents of children attending elementary
and secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with other groups involved in
the implementation of this section (such as librarians,
school counselors, and other pupil services personnel) as may
be considered appropriate by the local educational agency.
``(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed 3 fiscal years, may provide for the
allocation of funds to programs for a period of 3 years, and
may be amended annually as may be necessary to reflect
changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this part, a local
educational agency shall have complete discretion in
determining how funds under this subpart shall be divided
among the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of
this subpart and are used to meet the educational needs
within the schools of such local educational agency.
``Subpart 4--General Administrative Provisions
``SEC. 2441. MAINTENANCE OF EFFORT; FEDERAL FUNDS
SUPPLEMENTARY.
``(a) Maintenance of Effort.--(1) Except as provided in
paragraph (2), a State is entitled to receive its full
allocation of funds under this part for any fiscal year if
the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the State
with respect to the provision of free public education for
the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the
second preceding fiscal year.
``(2) The Secretary shall reduce the amount of the
allocation of funds under this part in any fiscal year in the
exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent of
both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no such
lesser amount shall be used for computing the effort required
under paragraph (1) for subsequent years.
``(3) The Secretary may waive, for 1 fiscal year only, the
requirements of this subsection if the Secretary determines
that such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources
of the State.
``(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case
[[Page 517]]
may such funds be used so as to supplant funds from non-
Federal sources.
``SEC. 2442. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) Participation on Equitable Basis.--(1) To the extent
consistent with the number of children in the school district
of a local educational agency which is eligible to receive
funds under this part or which serves the area in which a
program or project assisted under this part is located who
are enrolled in private nonprofit elementary and secondary
schools, or with respect to instructional or personnel
training programs funded by the State educational agency from
funds reserved for State use, such agency, after consultation
with appropriate private school officials, shall provide for
the benefit of such children in such schools secular,
neutral, and nonideological services, materials, and
equipment, including the participation of the teachers of
such children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may be
necessary for their provision (consistent with subsection (c)
of this section), or, if such services, materials, and
equipment are not feasible or necessary in one or more such
private schools as determined by the local educational agency
after consultation with the appropriate private school
officials, shall provide such other arrangements as will
assure equitable participation of such children in the
purposes and benefits of this part.
``(2) If no program or project is carried out under
subsection (a)(1) of this section in the school district of a
local educational agency, the State educational agency shall
make arrangements, such as through contracts with nonprofit
agencies or organizations, under which children in private
schools in that district are provided with services and
materials to the extent that would have occurred if the local
educational agency had received funds under this part.
``(3) The requirements of this section relating to the
participation of children, teachers, and other personnel
serving such children shall apply to programs and projects
carried out under this part by a State or local educational
agency, whether directly or through grants to or contracts
with other public or private agencies, institutions, or
organizations.
``(b) Equal Expenditures.--Expenditures for programs
pursuant to subsection (a) shall be equal (consistent with
the number of children to be served) to expenditures for
programs under this part for children enrolled in the public
schools of the local educational agency, taking into account
the needs of the individual children and other factors which
relate to such expenditures, and when funds available to a
local educational agency under this part are used to
concentrate programs or projects on a particular group,
attendance area, or grade or age level, children enrolled in
private schools who are included within the group, attendance
area, or grade or age level selected for such concentration
shall, after consultation with the appropriate private school
officials, be assured equitable participation in the purposes
and benefits of such programs or projects.
``(c) Funds.--(1) The control of funds provided under this
part, and title to materials, equipment, and property
repaired, remodeled, or constructed therewith, shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property.
``(2) The provision of services pursuant to this section
shall be provided by employees of a public agency or through
contract by such public agency with a person, an association,
agency, or corporation who or which, in the provision of such
services, is independent of such private school and of any
religious organizations, and such employment or contract
shall be under the control and supervision of such public
agency, and the funds provided under this part shall not be
commingled with State or local funds.
``(d) State Prohibition Waiver.--If by reason of any
provision of law a State or local educational agency is
prohibited from providing for the participation in programs
of children enrolled in private elementary and secondary
schools, as required by this section, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--(1) If the
Secretary determines that a State or a local educational
agency has substantially failed or is unwilling to provide
for the participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of services
to such children through arrangements which shall be subject
to the requirements of this section.
``(2) Pending final resolution of any investigation or
complaint that could result in a determination under this
subsection or subsection (d), the Secretary may withhold from
the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary
to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State or local educational
agency to meet the requirements of subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this part.
``(h) Review.--(1) The Secretary shall not take any final
action under this section until the State educational agency
and the local educational agency affected by such action have
had an opportunity, for at least 45 days after receiving
written notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee to
show cause why that action should not be taken.
``(2) If a State or local educational agency is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1) of this subsection, it may,
within 60 days after notice of such action, file with the
United States court of appeals for the circuit in which such
State is located a petition for review of that action. A copy
of the petition shall be forthwith transmitted by the clerk
of the court to the Secretary. The Secretary thereupon shall
file in the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of
title 28, United States Code.
``(3) The findings of fact by the Secretary, if supported
by substantial evidence, shall be conclusive; but the court,
for good cause shown, may remand the case to the Secretary to
take further evidence and the Secretary may thereupon make
new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the
record of the further proceedings. Such new or modified
findings of fact shall
likewise be conclusive if supported by substantial evidence.
``(4) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part. The judgment of the court
shall be subject to review by the Supreme Court of the United
States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of the Education Consolidation and
Improvement Act of 1981 shall, to the extent consistent with
the purposes of this chapter, apply to programs under this
chapter.
``SEC. 2443. EVALUATIONS AND REPORTING.
``(a) Local Educational Agencies.--A local educational
agency which receives financial assistance under this part
shall report annually to the State educational agency on the
use of funds under section 2431. Such reporting shall be
carried out in a manner which minimizes the amount of
paperwork required while providing the State educational
agency with the necessary information under the preceding
sentence. Such report shall be made available to the public.
``(b) State Educational Agencies.--A State educational
agency which receives financial assistance under this part
shall evaluate the effectiveness of State and local programs
under this part in accordance with section 2423(a)(2)(B).
That evaluation shall be submitted for review and comment by
the State advisory committee and shall be made available to
the public. The State educational agency shall submit to the
Secretary a copy of the evaluation and a summary of the
reports under subsection (a).
``(c) Reports.--(1) The Secretary, in consultation with
State and local educational agency representatives, shall
develop a model system which State educational agencies may
use for data collection and reporting under this part.
``(2)(A) The Secretary shall submit annually a report to
the Congress for the use of funds, the types of services
furnished, and the students served under this part.
``(B) The Secretary shall not later than October 1, 1998,
submit a report to the Congress summarizing evaluations under
subsection (b) in order to provide a national overview of the
uses of funds and effectiveness of programs under this part.
``SEC. 2444. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this part.
``(b) Rulemaking.--The Secretary shall issue regulations
under this part only to the extent that such regulations are
necessary to ensure that there is compliance with the
specific requirements and assurances required by this part.
``(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of
this subsection, funds appropriated in any fiscal year to
carry out activities under this part shall become available
for obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent
fiscal year.
``SEC. 2445. APPLICATION OF GENERAL EDUCATION PROVISIONS ACT.
``(a) General Rule.--Except as otherwise specifically
provided by this section, the General Education Provisions
Act shall apply to the programs authorized by this part.
``(b) Applicability.--The following provisions of the
General Education Provisions Act shall be superseded by the
specified provisions of this part with respect to the
programs authorized by this part:
[[Page 518]]
``(1) Section 410(a)(1) of the General Education Provisions
Act is superseded by section 2254(b) of this part.
``(2) Section 433(a) of such Act is superseded by section
2454(a) of this part.
``(3) Section 436 of such Act is superseded by sections
2223 and 2233 of this part.
``(c) Special Rule.--Sections 440, 441, and 442 of the
General Education Provisions Act, except to the extent that
such sections relate to fiscal control and fund accounting
procedures, may not apply to the programs authorized by this
part and shall not be construed to authorize the Secretary to
require any reports or take any actions not specifically
authorized by this part.
``PART F--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 2451. FINDINGS.
``The Congress finds that--
``(1) a local public school often serves as a center for
the delivery of education and human resources for all members
of a community;
``(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and
nonprofit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school to work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities for the purpose of meeting the
needs and expanding the opportunities available to the
residents of the communities served by such schools; and
``(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers.
``SEC. 2452. PROGRAM AUTHORIZATION AND DISTRIBUTION.
``(a) Grants by the Secretary.--The Secretary is authorized
in accordance with the provisions of this subsection to make
grants to rural and inner city schools or consortia thereof
to plan, implement, or expand projects that benefit the
educational, health, social service, cultural, and
recreational needs of a rural or inner city community. No
school or consortia thereof shall receive a grant award of
less than $50,000 in each fiscal year, and such grant
projects shall not exceed a 3-year period.
``(b) Application.--To be eligible to receive funds under
this section, a school or consortia thereof shall submit an
application to the Secretary of Education at such time and in
such manner as the Secretary may reasonably prescribe, that
shall include--
``(1) a comprehensive local plan that enables such school
to serve as a center for the delivery of education and human
resources for members of a community; and
``(2) an initial evaluation of needs, available resources,
and goals and objectives for the proposed community education
program to determine programs that will be developed to
address these needs:
``(A) A mechanism to disseminate information in a manner
that is understandable and accessible to the community.
``(B) Identification of Federal, State, and local programs
to be merged or coordinated so that public resources may be
maximized.
``(C) A description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations.
``(D) A description of how the school will assist as a
delivery center for existing and new services, especially
interactive telecommunication used for education and
professional training.
``(E) The establishment of a facility utilization policy
that specifically states rules and regulations for building
and equipment use and supervision guidelines;
``(3) the high technology, global economy of the 21st
century will require lifelong learning to keep America's
workforce competitive and successful, local public schools
should provide centers for lifelong learning and educational
opportunities for individuals of all ages; and
``(4) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
``(c) Priority.--The Secretary shall give priority to
applications that offer a broad selection of services that
address the needs of the community.
``SEC. 2453. USES OF FUNDS.
``(a) Authorized Programs.--Grants awarded under this
section may be used to plan, implement, or expand community
learning centers which shall include not less than 4 of the
following activities:
``(1) Literacy education programs.
``(2) Senior citizen programs.
``(3) Children's day care services.
``(4) Integrated education, health, social service,
recreational, or cultural programs.
``(5) Summer and weekend school programs in conjunction
with recreation programs.
``(6) Nutrition, health, and/or physical therapy.
``(7) Expanded library service hours to serve community
needs.
``(8) Telecommunications and technology education programs
for all ages.
``(9) Parenting skills education programs.
``(10) Support and training for child day care providers.
``(11) Employment counseling, training, and placement.
``(12) Services for students who withdraw from school
before graduating high school, regardless of age.
``(13) Services for individuals who are either physically
or mentally challenged.
``SEC. 2454. AWARD OF GRANTS.
``(a) In General.--In approving grants under this section,
the Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of
the United States, and among urban and rural areas of a
State.
``(b) Grant Period.--Grants may be awarded for a period not
to exceed 3 years.
``SEC. 2455. DEFINITIONS.
``(a) The term `Community Learning Center' means the
provision of educational, recreational, health, and social
service programs for residents of all ages of a local
community in public school buildings, primarily in rural and
inner city areas, operated by the local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, community colleges,
universities, and cultural, recreational, and other community
and human service entities.
``(b) The term `Secretary' means the Secretary of
Education.
``SEC. 2456. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996-1999.
``TITLE III--EXPANDING OPPORTUNITIES FOR LEARNING
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under
subsection (d), the Secretary is authorized to support
nationally significant programs and projects to improve the
quality of education, assist all students to meet challenging
standards, and contribute to the achievement of the National
Education Goals. The Secretary is authorized to carry out
such programs and projects directly or through grants to, or
contracts with, State and local educational agencies,
institutions of higher education, and other public and
private agencies, organizations, and institutions.
``(b) Uses of Funds.--(1) Funds under this section may be
used for--
``(A) activities that will promote systemic educational
reform at the State and local levels, such as--
``(i) research and development related to content and
performance standards and opportunity-to-learn standards for
student learning; and
``(ii) the development and evaluation of model strategies
for assessment of student learning, professional development
for teachers and administrators, parent and community
involvement, and other aspects of systemic reform;
``(B) demonstrations at the State and local levels that are
designed to yield nationally significant results, including
approaches to public school choice in accordance with the
requirements of part C and school-based decisionmaking;
``(C) joint activities with other agencies to assist the
effort to achieve the National Education Goals, including
activities related to improving the transition from preschool
to school and from school to work, as well as activities
related to the integration of education and health and social
services;
``(D) activities to promote and evaluate counseling and
mentoring for students, including intergenerational
mentoring;
``(E) activities to promote comprehensive health education;
``(F) activities to promote environmental education;
``(G) activities to promote consumer, economic, and
personal finance education;
``(H) activities to assist students to demonstrate
competence in foreign languages;
``(I) studies and evaluation of various educational reform
strategies and innovations being pursued by the Federal
Government, States, and local educational agencies;
``(J) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools;
``(K) programs designed to promote gender equity in
education by evaluating and eliminating gender bias in
instruction and educational materials, identifying, and
analyzing gender inequities in educational practices, and
implementing and evaluating educational policies and
practices designed to achieve gender equity;
``(L) programs designed to reduce excessive student
mobility, retain students who move within a school district
at the same school, educate parents about the effect of
mobility on a child's education and encourage parents to
participate in school activities;
``(M) experiential-based learning, such as service-
learning;
``(N) the development and expansion of public-private
partnership programs which extend the learning experience,
via computers, beyond the classroom environment into student
homes; and
``(O) other programs and projects that meet the purposes of
this section.
``(2) (A) Funds may also be used to establish a National
Center for Second Language Development.
``(B) Composition.--The Center may include representation
from--
``(i) a principle Federal language training institution
that has expertise in translation and interpretation with
responsibility for foreign language instruction of military,
for-
[[Page 519]]
eign service officers and other Federal personnel; and
``(ii) other public, government and private entities with
expertise in the education and training of second language
curricula, as determined necessary by the Secretary.
``(C) Mission.--The Center may--
``(i) assess the economic and social benefits of second
language capabilities for the population of the United
States;
``(ii) make recommendations to the Secretary of the most
appropriate means of increasing widespread second language
capabilities in the United States; and
``(iii) effectuate a greater second language capability
within the United States through activities that include:
developing and implementing model programs for children,
college students and adults; conducting research on effective
ways to teach second languages; developing teacher training
programs; and developing teaching materials.
``(3) The Secretary may also use funds under this section
to complete the project periods for direct grants or
contracts awarded under the provisions of the Elementary and
Secondary Education Act of 1965, part B of title III of the
Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988, or title III
of the Education for Economic Security Act, as these Acts
were in effect on the day before enactment of the Improving
America's Schools Act of 1994.
``(c) Awards.--(1) The Secretary may make awards under this
section on the basis of competitions announced by the
Secretary and may also support meritorious unsolicited
proposals.
``(2) The Secretary shall ensure that projects and
activities supported under this section are designed in such
a way that their effectiveness may be readily determined.
``(3) The Secretary shall use a peer review process in
reviewing applications for grants under this section and may
use funds appropriated under subsection (d) for this purpose.
``(d) Authorization.--For the purpose of carrying out this
section, there are authorized to be appropriated $35,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 3301. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 1994'.
``SEC. 3302. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must
develop their talents and realize their potential if the
United States is to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
``(3) too often schools fail to challenge students to do
their best work, and students who are not challenged will not
learn to high standards, fully develop their talents, and
realize their potential;
``(4) unless the special abilities of gifted and talented
students are recognized and developed during their elementary
and secondary school years, much of their special potential
for contributing to the national interest is likely to be
lost;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited
English proficiency are at greatest risk of being
unrecognized and of not being provided adequate or
appropriate educational services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized
resources to plan and implement effective
programs for the early identification of gifted and talented
students for the provision of educational services and
programs appropriate to their special needs;
``(7) the Federal Government can best carry out the limited
but essential role of stimulating research and development
and personnel training and providing a national focal point
of information and technical assistance that is necessary to
ensure that the Nation's schools are able to meet the special
educational needs of gifted and talented students, and
thereby serve a profound national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can
and should be used as a basis to develop a rich and
challenging curriculum for all students.
``(b) Statement of Purpose.--
``(1) It is the purpose of this part to provide financial
assistance to State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations, to initiate a coordinated
program of research, demonstration projects, personnel
training, and similar activities designed to build a
nationwide capability in elementary and secondary schools to
meet the special educational needs of gifted and talented
students. In addition, the purpose of this part is to
encourage the development of rich and challenging curricula
for all students through the appropriate application and
adaptation of materials and instructional methods developed
under this part.
``(2) It is also the purpose of this part to supplement and
make more effective the expenditure of State and local funds,
for the education of gifted and talented students.
``SEC. 3303. DEFINITIONS.
``For purposes of this part, the term `gifted and talented
students' means children and youth who give evidence of high
performance capability in areas such as intellectual,
creative, artistic, or leadership capacity, or in specific
academic fields, and who require services or activities not
ordinarily provided by the school in order to fully develop
such capabilities.
``SEC. 3304. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) From the sums appropriated under section 3308 in any
fiscal year the Secretary (after consultation with experts in
the field of the education of gifted and talented students)
shall make grants to or enter into contracts with State
educational agencies, local educational agencies,
institutions of higher education, or other public agencies
and private agencies and organizations (including Indian
tribes and organizations as defined by the Indian Self-
Determination and Education Assistance Act and Hawaiian
native organizations) to assist such agencies, institutions,
and organizations which submit applications in carrying out
programs or projects authorized by this Act that are designed
to meet the educational needs of gifted and talented
students, including the training of personnel in the
education of gifted and talented students and in the use,
where appropriate, of gifted and talented services,
materials, and methods for all students.
``(2) Applications for funds must include a section on how
the proposed gifted and talented services, materials, and
methods could be adapted, if appropriate, for use by all
students and a section on how the proposed programs can be
evaluated.
``(b) Uses of Funds.--Programs and projects assisted under
this section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, summer programs, mentoring programs,
service learning programs, and cooperative programs involving
business, industry, and education;
``(3) training of personnel involved in gifted and talented
programs with respect to the impact of gender role
socialization on the educational needs of gifted and talented
children and in gender equitable education methods,
techniques, and practices;
``(4) strengthening the capability of State educational
agencies and institutions of higher education to provide
leadership and assistance to local educational agencies and
nonprofit private schools in the planning, operation, and
improvement of programs for the identification and education
of gifted and talented students and the appropriate use of
gifted and talented programs and methods to serve all
students;
``(5) programs of technical assistance and information
dissemination which would include how gifted and talented
programs and methods, where appropriate, could be adapted for
use by all students; and
``(6) carrying out--
``(A) research on methods and techniques for identifying
and teaching gifted and talented students, and for using
gifted and talented programs and methods to serve all
students; and
``(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish
the purposes of this part.
``(c) Establishment of National Center.--
``(1) The Secretary (after consultation with experts in the
field of the education of gifted and talented students) shall
establish a National Center for Research and Development in
the Education of Gifted and Talented Children and Youth
through grants to or contracts with one or more institutions
of higher education or State educational agencies, or a
combination or consortium of such institutions and agencies,
for the purpose of carrying out activities described in
paragraph (5) of subsection (b).
``(2) Such National Center shall have a Director. The
Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon
through arrangements with other institutions of higher
education, State or local educational agencies, or other
public or private agencies and organizations.
``(d) Limitation.--Not more than 30 percent of the funds
available in any fiscal year to carry out the programs and
projects authorized by this section may be used to conduct
activities pursuant to subsections (b)(5) or (c).
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with the Office of
Education Research and Improvement.
``SEC. 3305. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part
the Secretary shall give highest priority--
``(1) to the identification of and services to gifted and
talented students who may not be
[[Page 520]]
identified and served through traditional assessment methods
(including economically disadvantaged individuals,
individuals of limited-English proficiency, and individuals
with disabilities; and
``(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or
region of the Nation through cooperative efforts and
participation of State and local educational agencies,
institutions of higher education, and other public and
private agencies and organizations (including business,
industry, and labor), to plan, conduct, and improve programs
for the identification of and service to gifted and talented
students, such as mentoring and apprenticeship programs.
``(b) Service Priority.--In approving applications under
section 3304(a) of this part, the Secretary shall assure that
in each fiscal year at least one-half of the applications
approved address the priority in section 3305(a)(1).
``SEC. 3306. GENERAL PROVISIONS.
``(a) Participation of Private School Children and
Teachers.--In making grants and entering into contracts under
this part, the Secretary shall ensure, where appropriate,
that provision is made for the equitable participation of
students and teachers in private nonprofit elementary and
secondary schools, including the participation of teachers
and other personnel in professional development programs for
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
``(1) use a peer review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of projects funded under this part is disseminated to
appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
part, both in terms of the impact on students traditionally
served in separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than January 1, 1998.
``SEC. 3307. ADMINISTRATION.
``The Secretary shall establish or designate an
administrative unit within the Department of Education--
``(1) to administer the programs authorized by this part;
``(2) to coordinate all programs for gifted and talented
students administered by the Department;
``(3) to serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(4) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
The administrative unit established or designated pursuant to
this section shall be headed by a person of recognized
professional qualifications and experience in the field of
the education of gifted and talented students.
``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $10,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999 to carry out
the provisions of this part.
``PART C--PUBLIC CHARTER SCHOOLS
``SEC. 3401. PURPOSE.
``It is the purpose of this part to increase national
understanding of the charter schools model by--
``(1) providing financial assistance for the design and
initial implementation of charter schools; and
``(2) evaluating the effects of those schools on improving
student achievement, including their effects on students,
staff, and parents.
``SEC. 3402. PROGRAM AUTHORIZED.
``(a) General.--The Secretary may make grants to eligible
applicants for the design and initial operation of charter
schools.
``(b) Project Periods.--Each such grant shall be for a
period of not more than three years, of which the grantee may
use--
``(1) no more than 18 months for planning and program
design; and
``(2) no more than two years for the initial implementation
of the charter school.
``(c) Limitation.--The Secretary shall not make more than
one grant to support a particular charter school.
``SEC. 3403. APPLICATIONS.
``(a) Applications Required.--Any eligible applicant that
desires to receive a grant under this part shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Scope of Application.--Each such application may
request assistance for a single charter school or for a
cluster of schools, which may include a high school and its
feeder elementary and middle schools, within a community.
``(c) Application Contents.--Each such application shall
include, for each charter school for which assistance is
sought--
``(1) a description of the educational program to be
implemented by the proposed charter school, including--
``(A) how the program will enable all students to meet
challenging State performance standards;
``(B) the grade levels or ages of children to be served;
and
``(C) the curriculum and instructional practices to be
used;
``(2) a description of how the school will be managed;
``(3) a description of--
``(A) the objectives of the school; and
``(B) the methods by which the school will determine its
progress toward achieving those objectives;
``(4) a description of the administrative relationship
between the charter school and the local educational agency
that will authorize or approve the school's charter and act
as the grantee under this part;
``(5) a description of how parents and other members of the
community will be involved in the design and implementation
of the charter school;
``(6) a description of how the local educational agency
will provide for continued operation of the school once the
Federal grant has expired, if such agency determines that the
school is successful;
``(7) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local
rules, generally applicable to public schools, that will be
waived for, or otherwise not apply to, the school;
``(8) a description of how the grant funds would be used;
``(9) a description of how grant funds would be used in
conjunction with other Federal programs administered by the
Secretary;
``(10) a description of how students in the community will
be--
``(A) informed about the school; and
``(B) given an equal opportunity to attend the school;
``(11) an assurance that the applicant will annually
provide the Secretary such information as the Secretary may
require to determine if the charter school is making
satisfactory progress toward achieving the objectives
described under paragraph (3);
``(12) an assurance that the applicant will cooperate with
the Secretary in evaluating the program authorized by this
part; and
``(13) such other information and assurances as the
Secretary may require.
``(d) State Educational Agency Approval Required.--(1) A
local educational agency that desires to receive a grant
under this part shall obtain the State educational agency's
approval of its application before submitting it to the
Secretary.
``(2) A State educational agency that approves an
application of a local educational agency shall provide the
local educational agency, and such local agency shall include
in its application to the Secretary, a statement that the
State has granted, or will grant, the waivers and exemptions
from State requirements described in such local agency's
application.
``SEC. 3404. SELECTION OF GRANTEES; WAIVERS.
``(a) Criteria.--The Secretary shall select projects to be
funded on the basis of the quality of the applications,
taking into consideration such factors as--
``(1) the quality of the proposed curriculum and
instructional practices;
``(2) the degree of flexibility afforded by the State and,
if applicable, the local educational agency to the school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the school;
``(5) the quality of the plan for assessing achievement of
those objectives; and
``(6) the likelihood that the school will meet those
objectives and improve educational results for students.
``(b) Peer Review.--The Secretary shall use a peer review
process to review applications for grants under this section.
``(c) Diversity of Projects.--The Secretary may approve
projects in a manner that ensures, to the extent possible,
that they--
``(1) are distributed throughout different areas of the
Nation, including in urban and rural areas; and
``(2) represent a variety of educational approaches.
``(d) Waivers.--The Secretary may waive any statutory or
regulatory requirement that the Secretary is responsible for
enforcing, except for any such requirement relating to the
elements of a charter school described in section 3407(1),
if--
``(1) the waiver is requested in an approved application or
by a grantee under this part; and
``(2) the Secretary determines that granting such a waiver
would promote the purpose of this part.
``SEC. 3405. USES OF FUNDS.
``A recipient of a grant under this part may use the grant
funds only for--
``(1) post-award planning and design of the educational
program, which may include--
``(A) refinement of the desired educational results and of
the methods for measuring progress toward achieving those
results; and
``(B) professional development of teachers and other staff
who will work in the charter school; and
``(2) initial implementation of the charter school, which
may include--
``(A) informing the community about the school;
``(B) acquiring necessary equipment;
``(C) acquiring or developing curriculum materials; and
[[Page 521]]
``(D) other operational costs that cannot be met from State
or local sources.
``SEC. 3406. NATIONAL ACTIVITIES.
``The Secretary may reserve up to 10 percent of the funds
appropriated for this part for any fiscal year for--
``(1) peer review of applications under section 3404(b);
and
``(2) an evaluation of the impact of charter schools on
student achievement, including those assisted under this
part.
``SEC. 3407. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `charter school' means a school that--
``(A) in accordance with an enabling State statute, is
exempted from significant State or local rules that inhibit
the flexible operation and management of public schools, but
not from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the local educational agency applying for a grant on
behalf of the school;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act, title VI of
the Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with Disabilities
Education Act;
``(H) admits students on the basis of a lottery, if more
students apply for admission than can be accommodated;
``(I) agrees to comply with the same Federal and State
audit requirements as do other public schools in the State,
unless such requirements are specifically waived for the
purpose of this program;
``(J) meets all applicable Federal, State, and local health
and safety requirements; and
``(K) operates in accordance with State law.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit
organization), which may include teachers, administrators and
other school staff, parents, or other members of the local
community in which a charter school project will be carried
out.
``(3) The term `eligible applicant' means a local
educational agency, in partnership with a developer with an
application approved under section 3403(d).
``SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``PART D--ARTS IN EDUCATION
``Subpart 1--Support for Arts Education
``SEC. 3501. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
``(4) this transformation is best realized in the context
of comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American
students is among the National Education Goals;
``(6) the arts can motivate at-risk students to stay in
school and become active participants in the educational
process; and
``(7) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purpose. The purposes of this part are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
``(c) Eligible Recipients.--In order to carry out the
purposes of this part, the Secretary is authorized to make
grants to, or enter into contracts or cooperative agreements
with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education; and
``(4) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this part may be
used for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments
based on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and
other instructional staff;
``(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum Services, the John F. Kennedy Center for the
Performing Arts, and the National Gallery of Art;
``(7) supporting model projects and programs in the
performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing Arts;
``(8) supporting model projects and programs in the arts
for individuals with disabilities through arrangements with
the organization, Very Special Arts;
``(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary
school curriculum; and
``(10) other activities that further the purposes of this
part.
``(e) Coordination.--(1) A recipient of funds under this
part shall, to the extent possible, coordinate its project
with appropriate activities of public and private cultural
agencies, institutions, and organizations, including museums,
arts education associations, libraries, and theaters.
``(2) In carrying out this part, the Secretary shall
coordinate with the National Endowment for the Arts, the
Institute of Museum Services, the John F. Kennedy Center for
the Performing Arts, and the National Gallery of Art.
``(f) Authorization of Appropriations.--For the purpose of
carrying out this subpart, there are authorized to be
appropriated $11,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``Subpart 2--Community Arts
``SEC. 3502. SHORT TITLE.
``This subpart may be cited as the ``Community Arts
Partnership Act of 1994''.
``(a) Findings.--Congress finds that--
``(1) with local school budgets cut there are in-adequate
arts programs available for children in schools, especially
at the elementary level;
``(2) the arts promote progress in academic subjects as
shown by research conducted by the National Endowment for the
Arts;
``(3) the arts access multiple human intelligences and
develop higher-order thinking skills;
``(4) the arts generate self-esteem and positive emotional
responses to learning; and
``(5) children who receive instruction in the arts remain
in school longer and are more successful than children who do
not receive such instruction.
``(b) Purpose.--The purpose of this part is to make
demonstration grants to eligible entities to improve the
educational performance and future potential of at-risk
children and youth by providing comprehensive and coordinated
educational and cultural services.
``(c) Grants Authorized.--
``(1) In general.--The Secretary is authorized to award
grants to eligible entities to pay the Federal share of the
costs of the activities described in subsection (f).
``(2) Special requirements.--The Secretary shall award
grants under this Act only to programs designed to--
``(A) promote educational and cultural services;
``(B) provide multi-year services to at-risk children and
youth;
``(C) serve the target population described in subsection
(e);
``(D) provide integration of community cultural resources
in the regular curriculum;
``(E) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk children and youth;
``(F) provide effective cultural linkages from preschool
programs, including the Head Start Act and preschool grants
under the Individuals with Disabilities Education Act, to
elementary schools;
``(G) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education, and employment;
``(H) increase parental and community involvement in the
educational, social, and cultural development of at-risk
youth; or
``(I) replicate programs and strategies that provide high
quality coordinated educational and cultural services and
that are designed to integrate such coordination into the
regular curriculum.
``(3) Requirement of coordination.--Grants may only be
awarded under this part to eligible entities that agree to
coordinate activities carried out under other Federal, State,
and local grants, received by the members of the partnership
for purposes and target populations described in this part,
into an integrated service delivery system located at a
school, cultural, or other community-based site accessible to
and utilized by at-risk youth.
``(4) Duration.--Grants made under this part may be
renewable for a maximum of 5 years if the Secretary
determines that the eligible recipient has made satisfactory
progress toward the achievement of the program objectives
described in application.
``(5) Geographic distribution.--In awarding grants under
this part, the Secretary shall ensure--
``(A) an equitable geographic distribution; and
[[Page 522]]
``(B) an equitable distribution to both urban and rural
areas with a high proportion of at-risk youth as defined in
subsection (e).
``(d) Eligibility.--
``(1) Services for in-school youth.--For the purpose of
providing a grant under this part to serve in-school children
and youth, the term `eligible entity' means a partnership
between a local education agency that is eligible for funds
under title I of this Act, and at least 1 institution of
higher education or cultural entity located within or
accessible to the geographical boundaries of the local
education agency with a history of providing quality services
to the community, and which may include--
``(A) nonprofit institutions of higher education; museums;
libraries; performing, presenting and exhibiting arts
organizations; literary arts organizations; local arts
organizations; and zoological and botanical organizations;
and
``(B) private for-profit entities with a history of
training children and youth in the arts.
``(2) Services for out-of-school youth.--For purposes of
providing a grant under this part to serve out-of-school
youth, the term `eligible entity' means a partnership between
at least 1 entity of the type described in paragraph (A) or
(B) of subsection (1), or a local education agency eligible
for funds under title I of this Act and at least 1 cultural
entity described in subsection (1).
``(e) Target Population.--In order to receive a grant under
this part, an eligible entity shall serve--
``(1) students enrolled in schools in participating
schoolwide projects assisted under title I of this Act and
the families of such students; or
``(2) out-of-school youth at risk of having limited future
options as a result of teenage pregnancy and parenting,
substance abuse, recent migration, disability, limited
English proficiency, family migration, illiteracy, being the
child of a teen parent, living in a single parent household,
or being a high school dropout; or
``(3) any combination of in school and out-of-school at-
risk youth.
``(f) Authorized Activities.--
``(1) In general.--Funds made under this part may be used--
``(A) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational and
cultural programs to strengthen the educational performance
and future potential of in-school and out-of-school at-risk
youth through cooperative agreements, contracts for services,
or administrative coordination;
``(B) to provide at-risk students with integrated cultural
activities designed to develop a love of learning to ensure
the smooth transition of preschool children to elementary
school;
``(C) to design collaborative cultural activities for
students in secondary or alternative schools that ensure the
smooth transition to job training, higher education, or full
employment;
``(D) to provide child care for children of at-risk
students who would not otherwise be able to participate in
the program;
``(E) to provide transportation necessary for participation
in the program;
``(F) to work with existing school personnel to develop
curriculum materials and programs in the arts;
``(G) to work with existing school personnel on staff
development activities that encourage the integration of the
arts into the curriculum;
``(H) for stipends that allow local artists to work with
at-risk children and youth in the schools;
``(I) for cultural programs that encourage the active
participation of parents in their children's education;
``(J) for programs that use the art reform current school
practices, including lengthening the school day or academic
year;
``(K) for appropriate equipment and necessary supplies; and
``(L) for evaluation, administration, and supervision.
``(2) Priority.--In providing assistance under this part,
the Secretary shall give priority to eligible entities that
provide comprehensive services that extend beyond traditional
school or service hour, that may include year round programs
that provide services in the evenings and on weekends.
``(3) Planning grants.--
``(A) Application.--An eligible entity may submit an
application to the Secretary for a planning grant for an
amount not to exceed $50,000. Such grants shall be for
periods of not more than 1 year.
``(B) Limit on planning grants.--Not more than 10 percent
of the amounts appropriated in each fiscal year under this
part shall be used for grants under this subsection, and an
eligible entity may receive not more than 1 such planning
grant.
``(g) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant
under this part shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
subsection (a) shall--
``(A) describe the cultural entity or entities that will
participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of the
program;
``(E) describe, for a local educational agency participant,
how services will be perpetuated beyond the length of the
grant;
``(F) describe the manner in which the eligible entity will
improve the educational achievement or future potential of
at-risk youth through more effective coordination of cultural
services in the community;
``(G) describe the overall and operational goals of the
program; and
``(H) describe the nature and location of all planned sites
where services will be delivered and a description of
services which will be provided at each site.
``(h) Payments--Federal Share.--
``(1) Payments.--The Secretary shall pay to each eligible
entity having an application approved under subsection (g)
the Federal share of the cost of the activities described in
the application.
``(2) Amounts of grants.--The amount of a grant made under
this part may not be less than $100,000 or exceed $500,000 in
the first year of such grant.
``(3) Federal share.--The Federal share shall be 80
percent.
``(4) Non-federal share.--The non-Federal share shall be
equal to 20 percent and may be in cash or in kind, fairly
evaluated, including facilities or services.
``(5) Limitation.--Not more than 25 percent of any grant
under this part may be used for noninstructional services
such as those described in paragraphs D, E, and L of
subsection (f).
``(6) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this part, in amounts that
exceed the amounts expended for such activities in the year
preceding the year for which the grant is awarded.
``(7) Dissemination of models.--The Secretary shall
disseminate information concerning successful models under
this part through the National Diffusion Network.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart,
$75,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR
READING MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (hereinafter in
this section referred to as `the contractor') to support and
promote programs, which include the distribution of
inexpensive books to students, that motivate children to
read.
``(b) Requirements of Contract.--Any contract entered into
under subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations or with public agencies under which each
subcontractor will agree to establish, operate, and provide
the non-Federal share of the cost of reading motivation
programs that include the distribution of books, by gift, to
the extent feasible, or by loan, to children up through high
school age, including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of
such programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children
with special needs, such as--
``(A) low-income children, particularly in high-poverty
areas;
``(B) children at risk of school failure;
``(C) children with disabilities, including children with
serious emotional disturbance;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children; and
``(I) children whose parents are institutionalized or
incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section
unless the Secretary determines that the contractor or
subcontractor, as the case may be, has made arrangements with
book publishers or distributors to obtain books at discounts
at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made
under similar circumstances in the absence of Federal
assistance.
``(d) Definition of `Federal Share'.--For the purpose of
this section, the term `Federal share' means the portion of
the cost to a subcontractor of purchasing books to be paid
with funds made available under this section. The Federal
share shall be established
[[Page 523]]
by the Secretary, and shall not exceed 75 percent, except
that the Federal share for programs serving children of
migrant or seasonal farmworkers shall be 100 percent.
``(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $10,300,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``PART F--CIVIC EDUCATION
``SEC. 3701. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF
DEMOCRACY IN THE UNITED STATES.
``(a) General Authority.--
``(1) Program established.--(A) The Secretary shall carry
out a program to enhance the attainment of Goals Three and
Six of the National Education Goals by educating students
about the history and principles of the Constitution of the
United States, including the Bill of Rights, and to foster
civic competence and responsibility.
``(B) Such program shall be known as `We the People . . .
The Citizen and the Constitution'.
``(2) Educational activities.--The program required by
paragraph (1) shall--
``(A) continue and expand the educational activities of the
We the People . . . The Citizen and the Constitution program
administered by the Center for Civic Education; and
``(B) enhance student attainment of challenging content
standards in civics and government.
``(3) Contract or grant authorized.--The Secretary is
authorized to enter into a contract or grant with the Center
for Civic Education to carry out the program required by
paragraph (1).
``(b) Program Content.--The education program authorized by
this section shall provide--
``(1) a course of instruction on the basic principles of
our constitutional democracy and the history of the
Constitution and the Bill of Rights;
``(2) school and community simulated congressional hearings
following the course of study at the request of participating
schools; and
``(3) an annual national competition of simulated
congressional hearings for secondary students who wish to
participate in such program.
``(c) Program Participants.--The education program
authorized by this section shall be made available to public
and private elementary and secondary schools in the 435
congressional districts, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the District of
Columbia.
``(d) Special Rule.--Funds provided under this section may
be used for the advanced training of teachers in civics and
government after the provisions of subsection (b) have been
implemented.
``SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
``(a) Program Established.--The Secretary shall carry out a
program of grants and contracts to assist State and local
educational agencies and other public and private nonprofit
agencies, organizations and institutions to enhance--
``(1) attainment by students of challenging content
standards in civics, government, and the law; and
``(2) attainment by the Nation of Goals Three and Six of
the National Education Goals.
``(b) Authorized Activities.--Assistance under this section
may support new and ongoing programs in elementary and
secondary schools that provide for--
``(1) the development and implementation of curricular
programs that enhance student understanding of--
``(A) the values and principles which underlie, and the
institutions and processes which comprise, our system of
government;
``(B) the role of law in our constitutional democracy,
including activities to promote--
``(i) legal literacy; and
``(ii) a dedication by students to the use of non-violent
means of conflict resolution such as arbitration, mediation,
negotiation, trials, and appellate hearings; and
``(C) the rights and responsibilities of citizenship;
``(2) professional development for teachers, including pre-
service and in-service training;
``(3) outside-the-classroom learning experiences for
students, including community service activities;
``(4) the active participation of community leaders, from
the public and private sectors, in the schools; and
``(5) the provision of technical assistance to State and
local educational agencies and other institutions and
organizations working to further the progress of the Nation
in attaining the Goals Three and Six of the National
Education Goals in civics and government.
``(c) Applications, Peer Review and Priority.--
``(1) Submission of applications.--A State or local
educational agency, other public or private nonprofit agency,
organization or institution that desires to receive a grant
or enter into a contract under this section shall submit an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(2) Peer review.--(A) The Secretary shall convene a panel
of individuals for purpose of reviewing and rating
applications submitted under paragraph (1).
``(B) Such individuals shall have experience with education
programs in civics, government, and the law.
``(3) Priority.--In making grants or awarding contracts
under this section, the Secretary shall give priority
consideration to applications which propose the operation of
statewide programs.
``(d) Duration of Grants and Exception.--
``(1) Duration.--Except as provided in paragraph (2), the
Secretary shall make grants and enter into contracts under
this section for periods of 2 or 3 years.
``(2) Exception.--The Secretary may make a grant or enter
into a contract under this section for a period of less than
2 years if the Secretary determines that special
circumstances exist which warrant a one year grant or
contract award.
``SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIATIONS.
``(a) Report.--The Secretary shall report, on a biennial
basis, to the Committee on Education and Labor of the House
of Representatives and to the Committee on Labor and Human
Resources of the Senate related to the distribution and use
of funds authorized under this part.
``(b) Authorization of Appropriations.--
``(1) General.--To carry out this part, there are
authorized to be appropriated $15,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(2) Allocation.--From the amount appropriated under
subsection (a), the Secretary shall allocate--
``(A) 40 percent of such amount to carry out section 3701;
and
``(B) 60 percent of such amount to carry out section 3702.
``PART G--NATIVE HAWAIIAN EDUCATION
``SEC. 3801. SHORT TITLE.
``This part may be cited as the `Native Hawaiian Education
Act'.
``SEC. 3802. FINDINGS.
``The Congress finds that:
``(1) Native Hawaiians comprise a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago whose
society was organized as a Nation prior to the arrival of the
first non-indigenous people in 1778.
``(2) The Native Hawaiian people are entitled to preserve,
develop and transmit to future generations their ancestral
territory, and their cultural identity in accordance with
their own spiritual and traditional beliefs, customs,
practices, languages, and social institutions.
``(3) The constitution and statutes of the State of Hawaii:
``(A) acknowledge the distinct land rights of the Native
Hawaiian people as beneficiaries of the public lands trust;
and
``(B) reaffirm and protect the unique right of the Native
Hawaiian people to practice and perpetuate their cultural and
religious customs, beliefs, practices, and language.
``(4) At the time of the arrival of the first non-
indigenous people in Hawaii in 1778, the Native Hawaiian
people lived in a highly organized, self-sufficient,
subsistence social system based on communal land tenure with
a sophisticated language, culture, and religion.
``(5) A unified monarchial government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the first
King of Hawaii.
``(6) Throughout the 19th century and until 1893, the
United States: (a) recognized the independence of the
Hawaiian Nation; (b) extended full and complete diplomatic
recognition to the Hawaiian government; and (c) entered into
treaties and conventions with the Hawaiian monarchs to govern
commerce and navigation in 1826, 1842, 1849, 1875 and 1887.
``(7) In the year 1893, the United States Minister assigned
to the sovereign and independent Kingdom of Hawaii, John L.
Stevens, conspired with a small group of non-Hawaiian
residents of the Kingdom, including citizens of the United
States, to overthrow the indigenous and lawful Government of
Hawaii.
``(8) In pursuance of that conspiracy, the United States
Minister and the naval representative of the United States
caused armed naval forces of the United States to invade the
sovereign Hawaiian Nation in support of the overthrow of the
indigenous and lawful Government of Hawaii and the United
States Minister thereupon extended diplomatic recognition of
a provisional government formed by the conspirators without
the consent of the native people of Hawaii or the lawful
Government of Hawaii in violation of treaties between the two
nations and of international law.
``(9) In a message to Congress on December 18, 1893, then
President Grover Cleveland reported fully and accurately on
these illegal actions, and acknowledged that by these acts,
described by the President as acts of war, the government of
a peaceful and friendly people was overthrown, and the
President concluded that a `substantial wrong has thus been
done which a due regard for our national character as well as
the rights of the injured people require that we should
endeavor to repair.'
``(10) Queen Lili'uokalani, the lawful monarch of Hawaii,
and the Hawaiian Patriotic League, representing the
aboriginal citizens of Hawaii, promptly petitioned the United
States for redress of these wrongs and for restoration of the
indigenous government of the Hawaiian nation, but this
petition was not acted upon.
``(11) In 1898, the United States annexed Hawaii through
the Newlands Resolution, without the consent of or
compensation to the indigenous people of Hawaii or their
sovereign government, who were denied their land, ocean
resources, and the mechanism
[[Page 524]]
for expression of their inherent sovereignty through self-
government and self-determination.
``(12) Through the Newlands Resolution and the 1900 Organic
Act, the United States Congress received 1.75 million acres
of lands formerly owned by the Crown and Government of the
Hawaiian Kingdom and exempted the lands from then existing
public land laws of the United States by mandating that the
revenue and proceeds from these lands be `used solely for the
benefit of the inhabitants of the Hawaiian Islands for
education and other public purposes,' thereby establishing a
special trust relationship between the United States and the
indigenous native inhabitants of Hawaii.
``(13) Congress enacted the Hawaiian Homes Commission Act
of 1920 designating 200,000 acres of the ceded public lands
for exclusive homesteading by Native Hawaiians, affirming the
trust relationship between the United States and the Native
Hawaiians, as expressed by then Secretary of the Interior
Franklin K. Lane, who was cited in the Committee Report of
the United States House of Representatives Committee on
Territories as stating: `One thing that impressed me . . .
was the fact that the natives of these islands who are our
wards, I should say, and for whom in a sense we are trustees,
are falling off rapidly in numbers and many of them are in
poverty.'
``(14) In 1938, the United States Congress again
acknowledged the unique status of the Hawaiian people by
including in the Act of June 20, 1938 (52 Stat. 781 et seq.),
a provision to lease lands within the National Parks
extension to Native Hawaiians and to permit fishing in the
area `only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their guidance.'
``(15) Under the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union' Approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for the administration of the Hawaiian Home
Lands to the State of Hawaii but reaffirmed the trust
relationship which existed between the United States and the
Hawaiian people by retaining the exclusive power to enforce
the trust, including the power to approve land exchanges and
legislative amendments affecting the rights of beneficiaries
under such Act.
``(16) Under the Act entitled `An Act to provide for the
admission of the State of Hawaii into the Union', approved
March 18, 1959 (73 Stat. 4), the United States transferred
responsibility for administration over portions of the ceded
public lands trust not retained by the United States to the
State of Hawaii but reaffirmed the trust responsibility which
existed between the United States and the Hawaiian people by
retaining the legal responsibility to enforce the
administration of the public trust responsibility of the
State of Hawaii for the betterment of the conditions of
Native Hawaiians under section 5(f) of the Act entitled `An
Act to provide for the admission of the State of Hawaii into
the Union.'.
``(17) The authority of the Congress under the United
States Constitution to legislate in matters affecting the
aboriginal or indigenous peoples of the United States
includes the authority to legislate in matters affecting the
native peoples of Alaska and Hawaii.
``(18) In furtherance to the trust responsibility for the
betterment of the conditions of native Hawaiians, the United
States has established educational programs to benefit Native
Hawaiians and has acknowledged that special educational
efforts are required recognizing the unique cultural and
historical circumstances of Native Hawaiians.
``(19) This historical and legal relationship has been
consistently recognized and affirmed by the Congress through
the enactment of Federal laws which extend to the Hawaiian
people the same rights and privileges accorded to American
Indian, Alaska Native, Eskimo, and Aleut communities,
including the Native American Programs Act of 1974; the
Native American Programs Act of 1992, as amended; the
National Historic Act Amendments of 1992; the American Indian
Religious Freedom Act; the Native American Graves Protection
and Repatriation Act.
``(20) The United States has also recognized and reaffirmed
the trust relationship to the Hawaiian people through
legislation which authorizes the provision of services to
Native Hawaiians, specifically, the Older Americans Act of
1965, the Developmental Disabilities Assistance and Bill of
Rights Act Amendments of 1987, the Veterans' Benefits and
Services Act of 1988, the Rehabilitation Act of 1973, the
Native Hawaiian Health Care Act of 1988, the Health
Professions Reauthorization Act of 1988, the Nursing Shortage
Reduction and Education Extension Act of 1988, the
Handicapped Programs Technical Amendments Act of 1988, the
Indian Health Care Amendments of 1988, and the Disadvantaged
Minority Health Improvements Act of 1990.
``(21) Despite the success of the programs established
under the Native Hawaiian Education Act of 1988, the
education needs of Native Hawaiians continue to be severe:
``(A) Native Hawaiian students continue to score below
national norms on standardized education achievement tests.
``(B) Both public and private schools continue to show a
pattern of low percentages of Native Hawaiian students in the
uppermost achievement levels and in gifted and talented
programs.
``(C) Native Hawaiian students continue to be
overrepresented among those qualifying for special education
programs provided to learning disabled, educable mentally
retarded, handicapped, and other such students.
``(D) Native Hawaiians continue to be disproportionately
represented in many negative social and physical statistics,
indicative of special educational needs--
``(i) lower educational attainment among Native Hawaiians
has been found to relate to lower socioeconomic outcomes;
``(ii) Native Hawaiian students continue to be
disproportionately underrepresented in Institutions of Higher
Education;
``(iii) Native Hawaiians continue to be underrepresented in
traditional white collar professions, health care
professions, and the newly emerging technology based
professions and are overrepresented in service occupations;
``(iv) Native Hawaiian children continue to be
disproportionately victimized by child abuse and neglect, a
signal of family stress; and
``(v) there are and will continue to be geographically
rural, isolated areas with a high Native Hawaiian population
density.
``(22) Special efforts in education recognizing the unique
cultural and historical circumstances of Native Hawaiians are
required.
``SEC. 3803. PURPOSE.
``It is the purpose of this part to--
``(1) authorize and develop supplemental educational
programs to assist Native Hawaiians in reaching the National
Education Goals;
``(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including those made available by the title on the problem of
Native Hawaiian Education;
``(3) supplement and expand existing programs and
authorities in the area of education to further the purposes
of the title; and
``(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
Education Programs.
``SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.
``(a) Establishment.--In order to better effectuate the
purposes of this part through assistance in the coordination
of services and programs provided for under this part, the
Secretary shall establish a Native Hawaiian Education
Council.
``(b) Composition.--Such Council shall consist of, but not
be limited to:
``(1) representatives of each of the programs which receive
Federal funding under this part;
``(2) a representative from the Office of the Governor;
``(3) a representative from the Office of Hawaiian Affairs;
``(4) representatives of other Native Hawaiian Educational
organizations and Native Hawaiian organizations which receive
Federal or state education funds; and
``(5) parent, student, educator and community
organizations.
``(c) Conditions and Terms.--All members of the Council
shall be residents of the State of Hawaii, and at least half
of the members shall be Native Hawaiian. Members of the
Council shall be appointed for five year terms.
``(d) Duties and Responsibilities.--(1) The Council shall
provide direction and guidance to appropriate Federal, State,
and local agencies to focus resources, including those made
available by this title on Native Hawaiian Education.
``(2) The Council is authorized to make available to
Congress any information, advice, and recommendations that
the Council is authorized to give to the Secretary.
``(3) The Secretary shall, whenever practicable, consult
with the Council before taking any significant action related
to the education of Native Hawaiians. Any advice or
recommendation made by the Council to the Secretary shall
reflect the independent judgment of the Council on the matter
concerned.
``(e) Administrative Provisions.--The Council shall meet at
the call of the Chair, or upon the request of the majority of
the Council, but in any event not less than twice during each
calendar year. All matters relating to, or proceedings of,
the Council need not comply with the Federal Advisory
Committee Act.
``(f) Compensation.--A member of the Native Hawaiian
Council shall not receive any compensation for service on the
Council.
``(g) Annual Report.--The Council shall present to the
Secretary an annual report on its activities.
``(h) Report to Congress.--Not later than 4 years after the
date of the enactment of the Improving America's Schools Act,
the Secretary shall prepare and submit to the Senate
Committee on Indian Affairs and the House Committee on
Education and Labor, a report which summarizes the annual
reports of the Native Hawaiian Council, describes the
allocation and utilization of monies under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
``SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION PROJECT.
``(a) Native Hawaiian Language Immersion Authority.--In
order to continue the state-wide effort at revitalizing the
Native Hawaiian Language through the Punana Leo Project and
the State of Hawaii's immersion project, the Secretary shall
make direct grants to--
``(1) Aha Punana Leo for the continued maintenance of the
Punana Leo Project, a
[[Page 525]]
family-based Hawaiian Immersion pre-school program;
``(2) the State of Hawaii for education support services
for the State of Hawaii's Hawaiian Immersion Program; and
``(3) the State of Hawaii to establish a center for Native
Hawaiian curriculum development and teacher training.
``(b) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--There is authorized
to be appropriated $1,500,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996 through 1999.
Such funds shall remain available until expended.
``SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.
``(a) General Authority.--The Secretary shall make direct
grants to Native Hawaiian Organizations (including Native
Hawaiian Educational Organizations) to develop and operate a
minimum of eleven Family-Based Education Centers throughout
the Hawaiian Islands. Such centers shall include--
``(1) Parent-Infant programs (prenatal through age 3);
``(2) Preschool programs for four and five year-olds;
``(3) continued research and development; and
``(4) long term followup and assessment program.
``(b) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Authorization of Appropriations.--In addition to any
other amount authorized for the centers described in
subsection (a), there is authorized to be appropriated
$6,000,000 for fiscal year 1995 and such sums as may be
necessary for fiscal years 1996 through 1999. Such funds
shall remain available until expended.
``SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEMONSTRATION
PROGRAM.
``(a) Higher Education General Authority.--The Secretary
shall make grants to the Kamehameha Schools/Bernice Pauahi
Bishop Estate for a demonstration program to provide Higher
Education fellowship assistance to Native Hawaiian students.
The demonstration program under this program may include--
``(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited two or four year
degree granting institution of higher education with awards
to be based on academic potential and financial need;
``(2) counseling and support services for such students
receiving fellowship assistance pursuant to subsection (a)(1)
of this section;
``(3) college preparation and guidance counseling at the
secondary school level for students who may be eligible for
fellowship assistance pursuant to subsection (a)(1) of this
section;
``(4) appropriate research and evaluation of the activities
authorized by this section; and
``(5) implementation of faculty development programs for
the improvement and matriculation of Native Hawaiian
students.
``(b) Grants Authorized.--The Secretary shall make grants
to Kamehameha Schools/Bernice Pauahi Bishop Estate for a
demonstration project of fellowship assistance for Native
Hawaiian students in post-bachelor degree programs. Such
project may include--
``(1) full or partial fellowship support for Native
Hawaiian students enrolled at an accredited post-bachelor
degree granting institution of higher education, with
priority given to professions in which Native Hawaiians are
under-represented and with awards to be based on academic
potential and financial need;
``(2) counseling and support services for such students
receiving fellowship assistance pursuant to subsection (b)(1)
of this section; and
``(3) appropriate research and evaluation of the activities
authorized by this section.
``(c) Special Condition Required.--For the purpose of
subsection (b) fellowship conditions shall be established
whereby recipients obtain an enforceable contract obligation
to provide their professional services, either during their
fellowship or upon completion of post-bachelor degree
program, to the Native Hawaiian community within the State of
Hawaii.
``(d) Special Rule.--No policy shall be made in
implementing this Section to prevent a Native Hawaiian
student enrolled at an accredited two or four year degree
granting institution of higher education outside of the State
of Hawaii from receiving a fellowship pursuant to paragraphs
(a) and (b) of this section.
``(e) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(f) Authorization of Appropriations.--
``(1) There are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999 for the purpose of funding the
fellowship assistance demonstration project under subsection
(a).
``(2) There are authorized to be appropriated $1,500,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999 for the purpose of funding the
fellowship assistance demonstration project provided under
subsection (b).
``(3) Funds appropriated under the authority of this
subsection shall remain available until expended.
``SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED
DEMONSTRATION PROGRAM.
``(a) Gifted and Talented Demonstration Authority.--
``(1) The Secretary shall provide a grant to, or enter into
a contract with, the University of Hawaii at Hilo for--
``(A) the establishment of a Native Hawaiian Gifted and
Talented Center at the University of Hawaii at Hilo, and
``(B) for demonstration projects designed to--
(i) address the special needs of Native Hawaiian elementary
and secondary school students who are gifted and talented
students, and
(ii) provide those support services to their families that
are needed to enable such students to benefit from the
project.
Such grant or contract shall be subject to the availability
of appropriated funds and, contingent on satisfactory
performance by the grantee, shall be provided for a term of 3
years.
``(2) After the term of the grant or contract provided, or
entered into, under paragraph (1) has expired, the Secretary
shall, for the purposes described in subparagraphs (A) and
(B) of paragraph (1), provide a grant to, or enter into a
contract with, the public, 4-year, fully accredited
institution of higher education located in the State of
Hawaii which has made the greatest contribution to Native
Hawaiian students. Such grant or contract shall be provided
on an annual basis. The grantees shall be authorized to
subcontract when appropriate, including with the Children's
Television Workshop.
``(b) Uses of Funds.--Demonstration projects funded under
this section may include--
``(1) the identification of the special needs of gifted and
talented students, particularly at the elementary school
level, with attention to--
``(A) the emotional and psychosocial needs of these
students, and
``(B) the provision of those support services to their
families that are needed to enable these students to benefit
from the projects;
``(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such gifted and talented children,
including, but not limited to, demonstrating and exploring
the use of the Native Hawaiian language and exposure to
Native Hawaiian cultural traditions;
``(3) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(4) leadership programs designed to replicate programs
for such children throughout the State of Hawaii and to other
Native American peoples, including the dissemination of
information derived from demonstration projects conducted
under this section; and
``(5) appropriate research, evaluation, and related
activities pertaining to--
``(A) the needs of such children, and
``(B) the provision of those support services to their
families that are needed to enable such children to benefit
from the projects.
``(c) Information Provision.--The Secretary shall
facilitate the establishment of a national network of Native
Hawaiian and American Indian Gifted and Talented Centers, and
ensure that the information developed by these centers shall
be readily available to the educational community at large.
``(d) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(e) Authorization of Appropriations.--In addition to any
other amount authorized for projects described in this
section there are authorized to be appropriated $2,000,000
for fiscal year 1995 and such sums as may be necessary for
fiscal years 1996 through 1999. Such funds shall remain
available until expended.
``SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.
``(a) Special Education Authority.--The Secretary shall
make grants to, and enter into contracts with, Pihana Na
Mamo, to operate projects to address the special education
needs of Native Hawaiian students. Such projects assisted
under this section may include--
``(1) the identification of Native Hawaiian children who
are learning disabled, mentally or physically handicapped,
educable mentally retarded, or otherwise in need of special
educational services;
``(2) the identification of special education needs of such
children, particularly at the elementary school level, with
attention to--
``(A) the emotional and psychosocial needs of these
students, and
``(B) the provision of those support services to their
families that are needed to enable such children to benefit
from the projects.
``(b) Administrative Costs.--No more than 7 percent of the
funds appropriated to carry out the provisions of this
section for any fiscal year may be used for administrative
purposes.
``(c) Matching Funds.--(1) The Secretary may not make a
grant or provide funds pursuant to a contract under this
subsection--
[[Page 526]]
``(A) in an amount exceeding 83.3 percent of the costs of
providing health services under the grant or contract; and
``(B) unless Pihana Na Mamo agrees that the State of
Hawaii, the Office of Hawaiian Affairs, or any other non-
Federal entity will make available, directly or through
donations to the Native Hawaiian Special Education Project,
non-Federal contributions toward such costs in an amount
equal to not less than $1 (in cash or in kind under paragraph
(2)) for each $5 of Federal funds provided in such grant or
contract.
``(2) Non-Federal contributions required in paragraph (1)
may be in cash or in kind, fairly evaluated, including plant,
equipment, or services. Amounts provided by the Federal
Government or services assisted or subsidized to any
significant extent by the Federal Government may not be
included in determining the amount of non-Federal
contributions.
``(d) Authorization of Appropriations.--In addition to any
other amount authorized for such project, there is authorized
to be appropriated $2,000,000 for fiscal year 1995 and such
sums as may be necessary for fiscal years 1996 through 1999.
Such funds shall remain available until expended.
``SEC. 3810. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under
this part, nor any contract be entered into under this part,
unless an application is submitted to the Secretary in such
form, in such manner, and containing such information as the
Secretary may determine necessary to carry out the provisions
of this title.
``(b) Special Rule.--Each application submitted under this
title shall be accompanied by the comments of each local
educational agency serving students who will participate in
the project for which assistance is sought.
``SEC. 3811. DEFINITIONS.
``For the purposes of this part--
``(1) The term `Native Hawaiian' means any individual who
is--
``(A) a citizen of the United States,
``(B) a resident of the State of Hawaii, and
``(C) a descendant of the aboriginal people, who prior to
1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii, as evidenced by--
``(i) genealogical records,
``(ii) Kupuna (elders) or Kama'aina (long-term community
residents) verification, or
``(iii) birth records of the State of Hawaii.
``(2) The term `Secretary' means the Secretary of
Education.
``(3) The term `Native Hawaiian Educational Organization'
means a private nonprofit organization that--
``(A) serves the interests of Native Hawaiians,
``(B) has Native Hawaiians in substantive and policy-making
positions within the organizations,
``(C) has a demonstrated expertise in the education of
Native Hawaiian youth, and
``(D) has demonstrated expertise in research and program
development.
``(4) The term `Native Hawaiian Organization' means a
private nonprofit organization that--
``(A) serves the interests of Native Hawaiians,
``(B) has Native Hawaiians in substantive and policy-making
positions within the organizations, and
``(C) is recognized by the Governor of Hawaii for the
purpose of planning, conducting, or administering programs
(or portions of programs) for the benefit of Native
Hawaiians.
``(5) The term `elementary school' has the same meaning
given that term under section 9101 of this Act.
``(6) The term `local educational agency' has the same
meaning given that term under section 9101 of this Act.
``(7) The term `secondary school' has the same meaning
given that term under section 9101 of this Act.
``PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 3901. FINDINGS.
``The Congress makes the following findings:
``(1) It is a worthwhile goal to ensure that all students
in America are prepared for responsible citizenship and that
all students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued
improvement of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people.
Senator Ellender provided valuable support and encouragement
to the Close Up Foundation, a nonpartisan, nonprofit
foundation promoting knowledge and understanding of the
Federal Government among young people and educators.
Therefore, it is a fitting and appropriate tribute to Senator
Ellender to provide fellowships in his name to students of
limited economic means, the teachers who work with them and
older Americans so that they may participate in the programs
supported by the Close Up Foundation.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 3911. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this title
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of increasing understanding of the Federal
Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this title shall be used
only for financial assistance to economically disadvantaged
students who participate in the program described in
subsection (a) of this section. Financial assistance received
pursuant to this title by such students shall be known as
Allen J. Ellender fellowships.
``SEC. 3912. APPLICATIONS.
``(a) Application Required.--No grant under this title may
be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students from rural and small town areas, as
well as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration
will be given to the participation of students with special
educational needs, including physically challenged students,
visually- and hearing-impaired students, ethnic minority
students, and gifted and talented students; and
``(3) the proper disbursement of the funds of the United
States received under this title.
``Subpart 2--Program for Middle and Secondary School Teachers
``SEC. 3915. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to
make grants in accordance with the provisions of this title
to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of teaching skills enhancement for middle and
secondary school teachers.
``(b) Use of Funds.--Grants under this title shall be used
only for financial assistance to teachers who participate in
the program described in subsection (a) of this section.
Financial assistance received pursuant to this title by such
individuals shall be known as Allen J. Ellender fellowships.
``SEC. 3916. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon an application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made only to teachers who
have worked with at least one student from his or her school
who participates in the programs described in section 101(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section 101(a)
may receive a fellowship in any fiscal year; and
``(3) the proper disbursement of the funds of the United
States received under this title.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 3921. ESTABLISHMENT.
``(a) General Authority.--(1) The Secretary is authorized
to make grants in accordance with the provisions of this
title to the Close Up Foundation of Washington, District of
Columbia, a nonpartisan, nonprofit foundation, for the
purpose of assisting the Close Up Foundation in carrying out
its programs of increasing understanding of the Federal
Government among economically disadvantaged older Americans,
recent immigrants and students of migrant parents.
``(2) For the purpose of this subpart, the term `older
American' means an individual who has attained 55 years of
age.
``(b) Use of Funds.--Grants under this subpart shall be
used only for financial assistance to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents who participate in the program described
in subsection (a) of this section. Financial assistance
received pursuant to this subpart by such individuals shall
be known as Allen J. Ellender fellowships.
``SEC. 3922. APPLICATIONS.
``(a) Application Required.--No grant under this subpart
may be made except upon application at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
``(b) Contents of Application.--Each such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents;
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town areas,
as well as from urban areas, and that in awarding
fellowships, special consideration will be given to the
participation of older Ameri-
[[Page 527]]
cans, recent immigrants and students of migrant parents with
special needs, including physically challenged individuals,
visually- and hearing-impaired individuals, ethnic
minorities, and gifted and talented students;
``(3) that activities permitted by section 301(a) are fully
described; and
``(4) the proper disbursement of the funds of the United
States received under this title.
``Subpart 4--General Provisions
``SEC. 3925. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made
in installments, in advance, or by way of reimbursement, with
necessary adjustments on account of underpayment or
overpayment.
``(b) Audit Rule.--The Comptroller General of the United
States or any of the Comptroller General's duly authorized
representatives shall have access for the purpose of audit
and examination to any books, documents, papers, and records
that are pertinent to any grant under this part.
``SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.
``(a) There are authorized to be appropriated to carry out
the provisions of subparts 1, 2, and 3 of this part
$4,400,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(b) Of the funds appropriated pursuant to subsection (a),
not more than 30 percent may be used for teachers associated
with students participating in the programs described in
section 3911(a).
``PART I--TERRITORIAL EDUCATION IMPROVEMENT PROGRAM
``SEC. 3931. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) the attainment of a high quality education is
important to a society and to each individual;
``(2) it is the policy of the United States that all
citizens have a fair opportunity to receive a high quality
education;
``(3) such opportunity should extend to United States
citizens and nationals residing in the outlying areas;
``(4) reports show that the outlying areas have repeatedly
placed last in national education tests which measure
knowledge in core subject areas;
``(5) all students must realize their potential if the
United States is to prosper; and
``(6) students in the outlying areas require additional
assistance if they are to obtain the high standards
established for all students in the United States.
``(b) Purposes.--The purpose of this part is to authorize
an education improvement program for the United States Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
and Palau which will assist in developing programs which will
enhance student learning, increase the standard of education,
and improve the performance levels of all students.
``SEC. 3932. GRANT AUTHORIZATION.
``The Secretary is authorized to make grants to the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands
and Palau, until the effective date of the Compact of Free
Association with the Government of Palau, to fund innovative
education improvement programs which will increase student
learning.
``SEC. 3933. RESTRICTIONS.
``(a) Construction.--No funds from a grant under section
3922 may be used for construction.
``(b) Full Use.--If funds authorized under section 3922 are
not fully committed within the period of the grant, the grant
for the next period shall be reduced by the amount of funds
not fully committed.
``SEC. 3934. AUTHORIZATION.
``There are authorized to be appropriated for grants under
section 3922 $5,000,000 for each of the fiscal years 1994
through 1999.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free
Schools and Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``The Congress finds as follows:
``(1) National Education Goal Six provides that by the year
2000, all schools in America will be free of drugs and
violence and offer a disciplined environment that is
conducive to learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and
increasingly by students in elementary schools as well,
constitutes a grave threat to their physical and mental well-
being, and significantly impedes the learning process. For
example, data show that students who drink tend to receive
lower grades and are more likely to miss school because of
illness than students who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately three million
thefts and violent crimes occur in or near our Nation's
schools every year, the equivalent of more than 16,000
incidents per school day. Approximately one of every five
high school students now carries a firearm, knife, or club on
a regular basis.
``(4) The tragic consequences of violence and the illegal
use of alcohol and drugs by students are felt not only by
students and their families, but by their communities and the
Nation, which can ill afford to lose their skills, talents,
and vitality.
``(5) While use of illegal drugs is a serious problem among
a minority of teenagers, alcohol use is far more widespread.
The proportion of high school students using alcohol, though
lower than a decade ago, remains unacceptably high. By the
8th grade, 70 percent of youth report having tried alcohol
and by the 12th grade, about 88 percent have used alcohol.
Alcohol use by young people can and does have adverse
consequences for users, their families, communities, schools,
and colleges.
``(6) Every day approximately 3,000 children start smoking
for the first time and 30 percent of all high school seniors
are smokers. Half of all new smokers begin before the age of
14, 90 percent before the age of 21, and the average age of
the first use of smokeless tobacco products is under the age
of 10. Use of tobacco products has been linked to serious
health problems. However, because the nicotine in tobacco is
an addictive substance, many tobacco users find it difficult
to stop using tobacco once they have started. Drug education
and prevention programs that include tobacco have been
effective in reducing teenage use of tobacco. Drug prevention
programs for youth that address only controlled drugs send an
erroneous message that the use of tobacco does not have
adverse consequences. To be credible, messages opposing
illegal drug use by youth should also address other harmful
substances.
``(7) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school
safety and to reduce the demand for and use of drugs
throughout the Nation. Schools and local organizations in
communities throughout the Nation have a special
responsibility to work together to combat the growing
epidemic of violence and illegal drug use and should measure
the success of their programs against clearly defined goals
and objectives.
``(8) Students must take greater responsibility for their
own well-being, health, and safety if schools and communities
are to achieve their goals of providing a safe, disciplined,
and drug-free learning environment.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs to meet
Goal Six of the National Educational Goals by preventing
violence in and around schools and by strengthening programs
that prevent the illegal use of alcohol and drugs, involve
parents, and are coordinated with related Federal, State, and
community efforts and resources, through the provision of
Federal assistance to--
``(1) States for grants to local and intermediate
educational agencies and consortia to establish, operate, and
improve local programs of school drug and violence
prevention, early intervention, rehabilitation referral, and
education in elementary and secondary schools (including
intermediate and junior high schools);
``(2) States for grants to local and intermediate
educational agencies and consortia for grants to, and
contracts with, community-based organizations and other
public and private non-profit agencies and organizations for
programs of drug and violence prevention, early intervention,
rehabilitation referral, and education;
``(3) States for development, training, technical
assistance, and coordination activities;
``(4) public and private non-profit organizations to
conduct training, demonstrations, and evaluation, and to
provide supplementary services for the prevention of drug use
and violence among students and youth; and
``(5) institutions of higher education for the development
and implementation of model programs and strategies to
promote the safety of students attending institutions of
higher education by preventing violent behavior and the
illegal use of alcohol and drugs by such students.
``SEC. 4004. FUNDING.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated--
``(1) for State grants under part A, $630,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of fiscal years 1996 through 1999; and
``(2) for national programs under part B, $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of fiscal years 1996 through 1999.
``(b) Availability.--(1) Appropriations for any fiscal year
for payments made under this title in accordance with
regulations of the Secretary may be made available for
obligation or expenditure by the agency or institution
concerned on the basis of an academic or school year
differing from such fiscal year.
``(2) Funds appropriated for any fiscal year under this
title shall remain available for obligation and expenditure
until the end of the fiscal year succeeding the fiscal year
for which such funds were appropriated.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``SEC. 4101. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount appropriated for each
fiscal year under section 4004(a)(1), the Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this part to Guam, American Samoa, the Virgin Islands,
the Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau), to be allotted in accordance
with their respective needs;
[[Page 528]]
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this
part for Indian youth;
``(3) shall reserve 0.2 percent for programs for Native
Hawaiians under section 4202; and
``(4) may reserve no more than $1,000,000 for the national
impact evaluation required by section 4106(a).
``(b) State Allotments.--(1) Except as provided under
paragraph (2), the Secretary shall, for each fiscal year,
allocate among the States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of
all the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under section 1124 and
1124A of this Act for the preceding year (or, for fiscal year
1995 only, sections 1005 and 1006 of this Act as in effect on
the day before enactment of the Safe and Drug-Free Schools
and Communities Act Amendments of 1994) and the sum of such
amounts received by all the States.
``(2) For any fiscal year, no State shall be allotted under
this subsection an amount that is less than one-half of 1
percent of the total amount allotted to all the States under
this subsection.
``(3) The Secretary may reallot any amount of any allotment
to a State if the Secretary determines that the State will be
unable to use such amount within two years of such allotment.
Such reallotments shall be made on the same basis as
allotments made under paragraph (1).
``(4) For the purpose of this subsection, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
``SEC. 4102. STATE APPLICATIONS.
``(a) In General.--In order to receive its allotment under
section 4101 for any fiscal year, a State shall submit to the
Secretary, at such time as the Secretary may require, an
application that--
``(1)(A)(i) is integrated into the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that plan; and
``(ii) is submitted, if necessary, as an amendment to the
State's plan under title III of the Goals 2000: Educate
America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be
based on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(3) has been developed in consultation with the chief
executive officer, the head of the State alcohol and drug
abuse agency, the heads of the State health and mental health
agencies, the head of the State child welfare agency, and the
heads of the State criminal and juvenile justice planning
agencies;
``(4) contains a description of the procedures the State
educational agency will use to review applications from local
educational agencies under section 4104;
``(5) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national
impact evaluation of programs required by section 4106(a);
and
``(6) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's
application under this section shall also contain a
comprehensive plan for the use of funds under section 4103(a)
by the State educational agency that includes--
``(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures it will use
for assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and
violence prevention programs conducted by local educational
agencies in accordance with section 4105;
``(3) a description of how the State educational agency
will use funds it reserves under section 4103(b);
``(4) a description of how the State educational agency
will coordinate its activities under this part with drug and
violence prevention efforts of other State agencies; and
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 4103(d)(2)(A)(i)(II)
and how the supplemental funds will be allocated among those
local educational agencies.
``(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use
of funds under section 4103A by the chief executive officer
that includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting
those goals and objectives;
``(2) a description of how the chief executive officer will
coordinate his or her activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(3) a description of how funds reserved under section
4103A will be used so as not to duplicate the efforts of the
State educational agency and local educational agencies with
regard to the provision of school-based prevention efforts
and services and how those funds will be used to serve
populations not normally served by the State educational
agency, such as school dropouts and youth in detention
centers;
``(4) a description of how the chief executive officer will
award funds under section 4103A and a plan for monitoring the
performance of, and providing technical assistance to,
recipients of such funds; and
``(5) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning.
``(d) Peer Review.--The Secretary shall use a peer review
process in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other
provisions of this section, a State may submit for fiscal
year 1995 a one-year interim application and plan for the use
of funds under this part that are consistent with the
requirements of this section and contain such information as
the Secretary may specify in regulations. The purpose of such
interim application and plan shall be to afford the State the
opportunity to fully develop and review its application and
comprehensive plan otherwise required by this section. A
State may not receive a grant under this part for a fiscal
year subsequent to fiscal year 1995 unless the Secretary has
approved its application and comprehensive plan.
``SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--(1) Except as provided in paragraph
(2), an amount equal to 80 percent of the total amount
allocated to a State under section 4101 for each fiscal year
shall be used by the State educational agency and its local
educational agencies for drug and violence prevention
activities in accordance with this section.
``(2)(A) If a State has, on or before January 1, 1994,
established an independent State agency for the purpose of
administering all of the funds described in section 5121 of
the Elementary and Secondary Education Act of 1965 (as such
section was in effect on the day before the date of the
enactment of the Improving America's Schools Act of 1994),
then--
``(i) an amount equal to 70 percent of the total amount
allocated to such State under section 4101 for each fiscal
year shall be used by the State educational agency and its
local educational agencies for drug and violence prevention
activities in accordance with this section; and
``(ii) an amount equal to 30 percent of such total amount
shall be used by such independent State agency for drug and
violence prevention activities in accordance with section
5122 of the Elementary and Secondary Education Act of 1965
(as such section was in effect on the day before the date of
the enactment of the Improving America's Schools Act of
1994).
``(B) Not more than 2.5 percent of the amount reserved
under subparagraph (A)(ii) may be used for administrative
costs of the independent State agency incurred in carrying
out the activities described in such subparagraph.
``(C) For purposes of this paragraph, the term `independent
State agency' means an independent agency with a board of
directors or a cabinet level agency whose chief executive
officer is appointed by the chief executive officer of the
State and confirmed with the advice and consent of the senate
of such State.
``(b) State Level Programs.--(1) A State educational agency
shall use no more than five percent of the amount reserved
under subsection (a) for activities such as--
``(A) training and technical assistance concerning drug and
violence prevention for local and intermediate educational
agencies, including teachers, administrators, counselors,
coaches and athletic directors, other educational personnel,
parents, students, community leaders, health service
providers, local law enforcement officials, and judicial
officials;
``(B) the development, identification, dissemination and
evaluation of the most readily available, accurate, and up-
to-date curriculum materials (including videotapes, software,
and other technology-based learning resources), for
consideration by local educational agencies;
``(C) demonstration projects in drug and violence
prevention;
``(D) financial assistance to enhance resources available
for drug and violence prevention in areas serving large
numbers of economically disadvantaged children or sparsely
populated areas, or to meet other special needs consistent
with the purposes of this part; and
``(E) the evaluation of activities carried out within the
State under this part.
``(2) A State educational agency may carry out activities
under this subsection directly, or through grants or
contracts.
``(c) State Administration.--A State educational agency may
use no more than four percent of the amount reserved under
subsection (a) for the administrative costs of carrying out
its responsibilities under this part.
``(d) Local Educational Agency Programs.--(1) A State
educational agency shall distribute not less than 92 percent
of the amount reserved under subsection (a) for
[[Page 529]]
each fiscal year to local educational agencies in accordance
with this subsection.
``(2)(A)(i) Of the amount distributed under subsection
(d)(1), a State educational agency shall distribute--
``(I) 70 percent of such amount to local educational
agencies, based on the relative enrollments in public and
private non-profit schools within their boundaries; and
``(II) 30 percent of such amount to local educational
agencies that the State educational agency determines have
the greatest need for additional funds to carry out drug and
violence prevention programs authorized by this part.
``(ii) To the extent practicable, not less than 25 percent
of the amount specified in clause (i)(II) for a fiscal year
shall be distributed to local educational agencies located in
rural areas.
``(B)(i) A State educational agency shall distribute funds
under subparagraph (A)(i)(II) to no more than ten percent of
its local educational agencies, or five such agencies,
whichever is greater.
``(ii) In determining which local educational agencies have
the greatest need for additional funds, the State educational
agency shall consider such factors as--
``(I) high rates of alcohol or other drug use among youth;
``(II) high rates of victimization of youth by violence and
crime;
``(III) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high rates of referrals of youths to drug and alcohol
abuse treatment and rehabilitation programs;
``(VI) high rates of referrals of youths to juvenile court;
``(VII) high rates of expulsions and suspensions of
students from schools; and
``(VIII) high rates of reported cases of child abuse and
domestic violence.
``(e) Reallocation of Funds.--If a local educational agency
chooses not to apply to receive the amount allocated to it
under subsection (d), or if its application under section
4104 is disapproved by the State educational agency, the
State educational agency shall reallocate such amount to one
or more of the local education agencies determined by the
State educational agency under subsection (d)(2)(B) to have
the greatest need for additional funds.
``(f) Return of Funds to State Educational Agency;
Reallocation.--(1) Except as provided in paragraph (2), upon
the expiration of the 1-year period beginning on the date
that a local educational agency, intermediate educational
agency, or consortium under this title receives its
allocation under this title--
``(A) such agency or consortium shall return to the State
educational agency any funds from such allocation that remain
unobligated; and
``(B) the State educational agency shall reallocate any
such amount to local educational agencies, intermediate
educational agencies, or consortia that have plans for using
such amount for programs or activities on a timely basis.
``(2) In any fiscal year, a local educational agency,
intermediate educational agency, or consortium may retain for
obligation in the succeeding fiscal year--
``(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
``(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State
educational agency.
``SEC. 4103A. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--(1) An amount equal to 20 percent of
the total amount allocated to a State under section 4101 for
each fiscal year shall be used by the chief executive officer
of such State for drug and violence prevention programs and
activities in accordance with this section.
``(2) A chief executive officer shall use not less than 10
percent of the 20 percent of the total amount described in
paragraph (1) for each fiscal year for drug abuse resistance
education programs in accordance with subsection (e).
``(3) A chief executive officer may use no more than five
percent of the 20 percent of the total amount described in
paragraph (1) for the administrative costs in curred in
carrying out the duties of such officer under this section.
``(b) Advisory Panel.--
``(1) Establishment.--
``(A) In general.--Except as provided in subparagraph (B),
a chief executive officer shall establish an advisory panel
in accordance with this subsection for the purpose of
developing a plan for the use of funds reserved under
subsection (a)(1).
``(B) Exception.--The chief executive officer of a State
shall be exempt from the requirement under subparagraph (A)
if such State, on or before January 1, 1994, has established
an independent agency as described in section 4103(a)(2)(A).
``(2) Plan.--The advisory panel established under paragraph
(1) shall develop a plan under which--
``(A) existing drug and violence prevention programs,
projects, and activities in the State (including activities
of the State educational agency and local educational
agencies and community-based organizations) that are
determined by the panel to be successful are continued, or,
where appropriate, coordinated with new programs, projects,
and activities established and carried out with funds
reserved under subsection (a)(1); and
``(B) technical assistance and training is provided to
local educational agencies, consortia of such agencies, and
partnerships consisting of such agencies and community-based
organizations, for drug and violence prevention, community
outreach, and mobilization and coordination of alcohol,
tobacco, and other drug prevention programming.
``(3) Meetings.--The advisory panel shall meet at least
once every 2 years after the establishment of the plan
described in paragraph (2) for the purpose of reviewing and
evaluating the use of funds under this section.
``(4) Membership.--
``(A) In general.--The advisory panel shall consist of not
less than 9 members, but not more than 12 members, including
the chief executive officer of the State (or the designee of
such chief executive officer) and at least 1 individual
appointed by such chief executive officer from each of the
following categories:
``(i) Parents.
``(ii) Students.
``(iii) Chief state school officers (or their designees).
``(iv) School administrators or teachers.
``(v) Substance abuse prevention workers or administrators.
``(vi) Community-based providers.
``(vii) Law enforcement officers or district attorneys.
``(viii) Mayors, city councilpersons, or county
commissioners.
``(B) Political affiliation.--Not more than \1/2\ of the
members of the advisory panel may be of the same political
party.
``(C) Compensation.--Members of the advisory panel shall
serve without pay.
``(5) Administrative expenses.--The administrative expenses
of the advisory panel shall be paid for from the State
administrative funds under subsection (a)(2).
``(c) Programs Authorized.--(1) A chief executive officer
shall use funds reserved under subsection (a)(1) for grants
to or contracts with parent groups, community action and job
training agencies, community-based organizations, and other
public entities and private nonprofit organizations. Such
grants or contracts shall support programs and activities
described in subsection (d) for children and youth who are
not normally served by State or local educational agencies,
for populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, and
dropouts), or both.
``(2) Grants or contracts awarded under this subsection
shall be subject to a peer review process.
``(d) Authorized Activities.--Grants and contracts under
subsection (c) shall be used for programs and activities such
as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
education, early intervention, counseling, or rehabilitation
referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link
community resources with schools and integrate services
involving education, vocational and job skills training, law
enforcement, health, mental health, and other appropriate
services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with those of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) developing and implementing strategies to prevent
illegal gang activity;
``(7) coordinating and conducting community-wide violence
and safety assessments and surveys; and
``(8) evaluating programs and activities under this
section.
``(e) Drug Abuse Resistance Education Programs.--(1) A
chief executive officer shall use funds reserved under
subsection (a)(2) for grants to local educational agencies in
consortium with entities which have experience in assisting
school districts to provide instruction to students grades
kindergarten through 6 to recognize and resist pressures that
influence such students to use controlled substances, as
defined in Schedules I and II of section 202 of the
Controlled Substances Act the possession or distribution of
which is unlawful under such Act, or beverage alcohol, such
as Project Drug Abuse Resistance Education, that meet the
requirements of paragraph (2).
``(2) A local educational agency in consortium with an
entity shall not be eligible for a grant under paragraph (1)
unless such local educational agency in consortium with an
entity will use assistance provided under such grant to
provide or arrange for the provision of services that shall
include--
``(A) drug abuse resistance education instruction for
students grades kindergarten through 6 that is designed to
teach students to recognize and resist pressures to
experiment that influence such children to use controlled
substances, as defined under paragraph (1), or beverage
alcohol, including instruction in the following areas--
``(i) drug use and misuse;
``(ii) understanding the consequences of drug abuse;
``(iii) resistance techniques;
[[Page 530]]
``(iv) assertive response styles;
``(v) managing stress without taking drugs;
``(vi) decisionmaking and risk taking;
``(vii) media influences on drug use;
``(viii) positive alternatives to drug abuse behavior;
``(ix) interpersonal and communication skills;
``(x) self-esteem building activities; and
``(xi) resistance to peer pressure and gang pressures;
``(B) provisions for parental involvement;
``(C) classroom instruction by uniformed law enforcement
officials;
``(D) the use of positive student leaders to influence
younger students not to use drugs;
``(E) an emphasis on activity-oriented techniques designed
to encourage student-generated responses to problem-solving
situations; and
``(F) the awarding of a certificate of achievement to each
student who participates in a drug abuse resistance education
program.
``(3) Amounts received under paragraph (1) by any local
educational agency or entity shall be used only to
supplement, not to supplant, the amount of Federal, State,
and local funds expended for the support of projects of the
type described in paragraph (2).
``SEC. 4104. LOCAL APPLICATIONS.
``(a) In General.--(1) In order to be eligible to receive
an allocation under section 4103(d) for any fiscal year, a
local educational agency shall submit, at such time as the
State educational agency requires, an application to the
State educational agency for approval. Such an application
shall be amended, as necessary, to reflect changes in the
local educational agency's program.
``(2)(A) A local educational agency shall develop its
application under subsection (a)(1) in consultation with a
local or substate regional advisory council that includes, to
the extent possible, representatives of local government,
business, parents, students, teachers, appropriate state
agencies, private schools, the medical profession, law
enforcement, community-based organizations, and other groups
with interest and expertise in drug and violence prevention.
``(B) In addition to assisting the local educational agency
to develop its application under this section, the advisory
council established or designated under paragraph (2)(A)
shall, on an on-going basis--
``(i) disseminate information about drug and violence
prevention programs, projects, and activities conducted
within the boundaries of the local educational agency;
``(ii) advise the local educational agency on how best to
coordinate its activities under this part with other related
programs, projects, and activities, including community
service and service learning projects, and the agencies that
administer them; and
``(iii) review program evaluations and other relevant
material and make recommendations to the local educational
agency on how to improve its drug and violence prevention
programs.
``(b) Contents of Applications.--An application under this
section shall contain--
``(1) an assessment of the current use (and consequences of
such use) of alcohol, tobacco, and controlled, illegal,
addictive or harmful substances as well as the violence,
safety, and discipline problems among students who attend the
schools of the applicant (including private school students
who participate in the applicant's drug and violence
prevention program) that is based on ongoing local assessment
or evaluation activities;
``(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(A) how that plan is consistent with, and promotes the
goals in, the State's application under section 4102 and the
local educational agency's plan, either approved or being
developed, under title III of the Goals 2000: Educate America
Act, or, if the local educational agency does not have such
an approved plan and is not developing one, its plan under
section 1112 of this Act;
``(B) the local educational agency's measurable goals for
drug and violence prevention, and a description of how it
will assess and publicly report progress toward attaining
these goals;
``(C) the local educational agency's comprehensive plan for
programs to be carried out under this part;
``(D) how the local educational agency will use its regular
allocation under section 4103(d)(2)(A)(i)(I) and its
supplemental allocation, if any, under section
4103(d)(2)(A)(i)(II);
``(E) how the local educational agency will coordinate its
programs and projects with community-wide efforts to achieve
its goals for drug and violence prevention; and
``(F) how the local education agency will coordinate its
programs and projects with other Federal, State, and local
programs for drug-abuse prevention, including health
programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--(1) In reviewing local
applications under this section, a State educational agency
shall use a peer review process or other methods of assuring
the quality of such applications.
``(2)(A) In determining whether to approve the application
of a local educational agency under this section, a State
educational agency shall consider the quality of the local
educational agency's comprehensive plan under subsection
(b)(2) and the extent to which it is consistent with, and
supports, the State's application under section 4102 and the
State's plan under the Goals 2000: Educate America Act, and,
if the State does not have such a plan, its plan under
section 1111 of this Act.
``(B) A State educational agency may disapprove a local
educational agency application under this section in whole or
in part and may withhold, limit, or place restrictions on the
use of funds allotted to such a local educational agency in a
manner the State educational agency determines will best
promote the purposes of this part or the State's plan under
the Goals 2000: Educate America Act, and, if the State does
not have such a plan, its plan under section 1111 of this
Act, except that a local educational agency shall be afforded
an opportunity to appeal any such disapproval.
``SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency
shall use funds received under this part to adopt and carry
out a comprehensive drug and violence prevention program
which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution of
tobacco, alcohol and illegal drugs by students and to prevent
the illegal use, possession, and distribution of such
substances by employees;
``(B) prevent violence and promote school safety; and
``(C) create a disciplined environment conducive to
learning; and
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs assessments, goals, and programs
under this part.
``(b) Authorized Activities.--A comprehensive drug and
violence prevention program carried out under this part may
include--
``(1) age-appropriate, developmentally based drug
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
social, personal and health consequences of the use of
illegal drugs, promote a sense of individual responsibility,
and provide information about effective techniques for
resisting peer pressure to use illegal drugs;
``(2) programs of drug prevention, comprehensive health
education, early intervention, counseling, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, health service providers and community leaders in
prevention, education, early intervention, counseling or
rehabilitation referral;
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol and other
drug use, such as--
``(i) family counseling;
``(ii) early intervention activities that prevent family
dysfunction, enhance school performance, and boost attachment
to school and family; and
``(iii) activities, such as community service and service-
learning projects, that are designed to increase students'
sense of community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment, and that
include activities designed to help students develop a sense
of individual responsibility and respect for the rights of
others, and to resolve conflicts without violence;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school safety
and discipline;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, and community leaders in designing and
implementing strategies to prevent school violence;
``(C) the implementation of strategies, such as conflict
resolution and peer mediation, student pledges to renounce
the use of violence, student non-violence awareness days,
student outreach efforts against violence, anti-crime youth
councils (which work with school and community-based
organizations to discuss and develop crime prevention
strategies), and the use of mentoring programs, to combat
school violence and other forms of disruptive behavior, such
as sexual harassment; and
``(D) comprehensive, community-wide strategies to prevent
or reduce illegal gang activities;
``(5) subject to the requirements of the matter following
paragraph (8), not more than one half of the cost of--
``(A) minor remodeling to promote security and reduce the
risk of violence, such as removing lockers, installing better
lights, and upgrading locks; and
``(B) acquiring and installing metal detectors and hiring
security personnel;
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``(6) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs
in supervised community settings;
``(7) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use
alcohol or other drugs, which may include activities such as
classroom instruction by uniformed law enforcement officers,
resistance techniques, resistance to peer pressure and gang
pressure, and provision for parental involvement; and
``(8) the evaluation of any of the activities authorized
under this subsection.
A local educational agency may use no more than 33 percent of
the funds it receives under this part for any fiscal year for
the activities described in paragraph (5). Local educational
agencies may use funds obtained under this part to pay the
costs of programs and activities complying with the
requirements of this section that are carried out by student
organizations.
``(c) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995,
under part B of the Drug-Free Schools and Communities Act of
1986 (as in effect prior to enactment of the Improving
America's Schools Act) for the support of a comprehensive
school health program shall be deemed to have been authorized
by part B of such Act.
``SEC. 4106. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--The Secretary, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy,
and the Attorney General, shall conduct an independent
biennial evaluation of the national impact of programs under
this part and submit a report of the findings of such
evaluation to the President and the Congress.
``(b) State Report.--(1) By October 1, 1997, and every
third year thereafter, the State educational agency shall
submit to the Secretary a report--
``(A) on the implementation and outcomes of State programs
under section 4103(b) and local programs under section
4103(d), as well as an assessment of their effectiveness; and
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under section 4103(b)(1).
``(2) The report required by this subsection shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's on-going evaluation activities,
and shall include data on the prevalence of drug use and
violence by youth in schools and communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local
educational agency receiving funds under this subpart shall
submit to the State educational agency whatever information,
and at whatever intervals, the State requires to complete the
State report required by subsection (b), including
information on the prevalence of drug use and violence by
youth in the schools and the community. Such information
shall be made readily available to the public.
``PART B--NATIONAL PROGRAMS
``SEC. 4201. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds appropriated under
section 4004(a)(2), the Secretary of Education, in
consultation with the Secretary of Health and Human Services,
the Director of the Office of National Drug Control Policy,
and the Attorney General, shall carry out programs to prevent
the illegal use of drugs and violence among, and promote
safety and discipline for, students at all educational
levels, preschool through postsecondary. The Secretary shall
carry out such programs directly, or through grants,
contracts, or cooperative agreements with public and private
organizations and individuals, or through agreements with
other Federal agencies, and shall coordinate such programs
with other appropriate Federal activities. Such programs may
include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and
members of the community, including the demonstration of
model preservice training programs for prospective school
personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention that are carried
out in cooperation with other Federal agencies, including the
Department of Health and Human Services, the Department of
Justice, the Department of Housing and Urban Development, and
the Department of Labor;
``(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the clearinghouse for alcohol and drug
abuse information established under section 509 of the Public
Health Service Act;
``(4) the development, dissemination, and implementation of
model programs and strategies to promote the safety of
students attending institutions of higher education by
preventing violent behavior and the illegal use of alcohol
and other drugs by such students;
``(5) the development of curricula related to child abuse
prevention and education and the training of personnel to
teach child abuse education and prevention to elementary and
secondary school children;
``(6) program evaluations that address issues not addressed
under section 4106(a);
``(7) direct services to schools and school systems
afflicted with especially severe drug and violence problems;
``(8) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(9) developing and disseminating drug and violence
prevention materials, including video-based projects and
model curricula;
``(10) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(11) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and
healthy neighborhoods and increase students' sense of
individual responsibility;
``(12) other activities that meet unmet national needs
related to the purposes of this title; and
``(13) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking.
``(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this
section.
``SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds reserved pursuant
to section 4101(a)(3), the Secretary shall make grants to or
enter into cooperative agreements or contracts with
organizations primarily serving and representing Native
Hawaiians which are recognized by the Governor of the State
of Hawaii to plan, conduct, and administer programs, or
portions thereof, which are authorized by and consistent with
the provisions of this for the benefit of Native Hawaiians.
``(b) Definition of `Native Hawaiian'.--For the purposes of
this section, the term `Native Hawaiian' means any individual
any of whose ancestors were natives, prior to 1778, of the
area which now comprises the State of Hawaii.
``SEC. 4203. HATE CRIME PREVENTION.
``(a) Grant Authorization.--The Secretary of Education may
make grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may
be used to improve elementary and secondary educational
efforts, including--
``(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes and
conflicts motivated by hate;
``(B) development of curricula for the purpose of improving
conflict or dispute resolution skills of students, teachers,
and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime or conflict programs; and
``(D) professional training and development for teachers
and administrators on the causes, effects, and resolutions of
hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency or a local educational agency in
conjunction with a community-based organization shall submit
an application to the Secretary in such form and containing
such information as the office may reasonably require.
``(3) Requirements.--Each application under subsection (a)
shall include--
``(A) a request for funds for the purposes described in
this section;
``(B) a description of the schools and communities to be
served by the grants; and
``(C) assurances that Federal funds received under this
section shall be used to supplement, not supplant, non-
Federal funds.
``(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
``(B) a description of the program to be developed or
augmented by these Federal and matching funds;
``(C) assurances that such program or activity shall be
administered by or under the supervision of the applicant;
``(D) proper and efficient administration of such program;
and
``(E) fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this section.
``(c) Allocation of Funds.--From the funds authorized under
this part, the Secretary of Education may carry out programs
under this section.
``(d) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts motivated by
bias in the targeted schools and communities in awarding
grants under this section.
``(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
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programs, including programs established or expanded with
grants under this section.
``(e) Reports.--The Secretary shall submit to the Congress
a report every 2 years which shall contain a detailed
statement regarding grants and awards, activities of grant
recipients and an evaluation of programs established under
this section.
``(f) Definitions.--For the purposes of this section--
``(1) the term `hate crime' means a crime as defined by the
Hate Crime Satistics Act of 1990;
``(2) the term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary and secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or such combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary and secondary schools and includes any
other public institution or agency having administrative
control and direction of a public elementary or secondary
school; and
``(3) the term `community-based organization' means a
private nonprofit organization which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community.
``PART C--GENERAL PROVISIONS
``SEC. 4301. DEFINITIONS.
``For the purposes of this title, the following terms have
the following meanings:
``(1) The term `drug and violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related
to the illegal use of alcohol, the use of tobacco and the use
of controlled, illegal, addictive, or harmful substances,
including inhalants and anabolic steroids; and
``(B) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment, on
school premises, going to and from school, and at school-
sponsored activities, through the creation and maintenance of
a school environment that is free of weapons and fosters
individual responsibility and respect for the rights of
others.
``(2) The term `nonprofit', as applied to a school, agency,
organization, or institution means a school, agency,
organization, or institution owned and operated by one or
more nonprofit corporations or associations, no part of the
net earnings of which inures, or may lawfully inure, to the
benefit of any private shareholder or individual.
``(3) The term `school-aged population' means the
population aged five through 17, inclusive, as determined by
the Secretary on the basis of the most recent satisfactory
data available from the Department of Commerce.
``(4) The term `school personnel' includes teachers,
administrators, guidance counselors, social workers,
psychologists, nurses, librarians, and other support staff
who are employed by a school or who perform services for the
school on a contractual basis.
``SEC. 4302. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention
programs supported under this title shall convey a clear and
consistent message that the illegal use of alcohol and other
drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the
use of specific curricula for programs supported under this
title, but may evaluate the effectiveness of such curricula
and other strategies in drug and violence prevention.
``SEC. 4303. PROHIBITED USES OF FUNDS.
``No funds under this title may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this title);
``(2) drug treatment or rehabilitation; and
``(3) psychiatric, psychological, or other medical
treatment or rehabilitation, other than school-based
counseling for students or school personnel who are victims
or witnesses of school-related crime.
``SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE
PREVENTION PROGRAMS.
``(a) In General.--Notwithstanding any other provision of
law other than section 432 of the General Education
Provisions Act and section 103(b) of the Department of
Education Organization Act, no local educational agency shall
be eligible to receive funds or any other form of financial
assistance under any Federal program unless it certifies to
the State educational agency that it has adopted and has
implemented a program to prevent the use of illicit drugs and
alcohol by students or employees that, at a minimum,
includes--
``(1) age-appropriate, developmentally based drug and
alcohol education and prevention programs (which address the
legal, social, and health consequences of drug and alcohol
use and which provide information about effective techniques
for resisting peer pressure to use illicit drugs or alcohol)
for students in all grades of the schools operated or served
by the applicant, from early childhood level through grade
12;
``(2) conveying to students that the use of illicit drugs
and the unlawful possession and use of alcohol is wrong and
harmful;
``(3) standards of conduct that are applicable to students
and employees in all the applicant's schools and that clearly
prohibit, at a minimum, the unlawful possession, use, or
distribution of illicit drugs and alcohol by students and
employees on school premises or as part of any of its
activities;
``(4) a clear statement that sanctions (consistent with
local, State, and Federal law), up to and including expulsion
or termination of employment and referral for prosecution,
will be imposed on students and employees who violate the
standards of conduct required by paragraph (3) and a
description of those sanctions;
``(5) information about any available drug and alcohol
counseling and rehabilitation and re-entry programs that are
available to students and employees;
``(6) a requirement that parents, students, and employees
be given a copy of the standards of conduct required by
paragraph (3) and the statement of sanctions required by
paragraph (4);
``(7) notifying parents, students, and employees that
compliance with the standards of conduct required by
paragraph (3) is mandatory; and
``(8) a biennial review by the applicant of its program
to--
``(A) determine its effectiveness and implement changes to
the program if they are needed; and
``(B) ensure that the sanctions required by paragraph (4)
are consistently enforced.
``(b) Dissemination of Information.--Each local educational
agency that provides the certification required by subsection
(a) shall, upon request, make available to the Secretary, the
State educational agency, and to the public full information
about the elements of its program required by subsection (a),
including the results of its biennial review.
``(c) Certification to Secretary.--Each State educational
agency shall certify to the Secretary that it has adopted and
has implemented a program to prevent the use of illicit drugs
and the abuse of alcohol by its students and employees that
is consistent with the program required by subsection (a) of
this section. The State educational agency shall, upon
request, make available to the Secretary and to the public
full information about the elements of its program.
``(d) Regulations.--(1) The Secretary shall publish
regulations to implement and enforce the provisions of this
section, including regulations that provide for--
``(A) the periodic review by State educational agencies of
a representative sample of programs required by subsection
(a); and
``(B) a range of responses and sanctions for local
educational agencies that fail to implement their programs or
to consistently enforce their sanctions, including
information and technical assistance, the development of a
compliance agreement, and the termination of any form of
Federal financial assistance.
``(2) The sanctions required by subsection (a)(1)(4) may
include the completion of an appropriate rehabilitation
program.
``(e) Appeal Regarding Termination of Assistance.--Upon a
determination by the Secretary to terminate financial
assistance to any local educational agency under this
section, the agency may file an appeal with an administrative
law judge before the expiration of the 30-day period
beginning on the date such agency is notified of the decision
to terminate financial assistance under this section. Such
judge shall hold a hearing with respect to such termination
of assistance before the expiration of the 45-day period
beginning on the date that such appeal is filed. Such judge
may extend such 45-day period upon a motion by the agency
concerned. The decision of the judge with respect to such
termination shall be considered to be a final agency action.
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE
``SEC. 5101. FINDINGS.
``The Congress finds that--
``(1) magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation in its schools;
``(2) the use of magnet schools has increased dramatically
since enactment of the magnet program, with approximately 1.4
million students nationwide now attending such schools, of
which more than 60 percent of the students are nonwhite;
``(3) magnet schools offer a wide range of distinctive
programs that have served as models for school improvement
efforts;
``(4) in administering this program, the Federal Government
has learned that--
``(A) where magnet programs are implemented for only a
portion of a school's student body, special efforts must be
made to discourage the isolation of magnet students from
other students in the school;
``(B) local educational agencies can maximize their
effectiveness in achieving the purposes of this program if
they have more flexibility to serve students attending a
school who are not enrolled in the magnet school program;
``(C) local educational agencies must be creative in
designing magnet schools for students at all academic levels,
so that school districts do not skim off only the highest
achieving students to attend the magnet schools;
``(D) local educational agencies must seek to enable
participation in magnet school programs by students who
reside in the neighborhoods where the programs are placed;
and
``(E) in order to ensure that magnet schools are sustained
after Federal funding ends, the Federal Government must
assist local educational agencies to improve their
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capacity to continue to operate magnet schools at a high
level of performance;
``(5) it is in the best interest of the Federal Government
to--
``(A) continue its support of local educational agencies
implementing court-ordered desegregation plans and local
educational agencies seeking to foster meaningful interaction
among students of different racial and ethnic backgrounds
beginning at the earliest stage of their education;
``(B) ensure that all students have equitable access to
quality education that will prepare them to function well in
a culturally diverse, technologically-oriented, and highly
competitive global community; and
``(C) maximize the ability of local educational agencies to
plan, develop, implement and continue new and innovative
programs in magnet schools that contribute to State and local
systemic reform.
``SEC. 5102. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the
desegregation of local educational agencies by providing
financial assistance to eligible local educational agencies
for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in
achieving systemic reforms and providing all students the
opportunity to meet challenging State performance standards;
``(3) the development and design of innovative educational
methods and practices; and
``(4) courses of instruction within magnet schools that
will substantially strengthen the knowledge of academic
subjects and the grasp of tangible and marketable vocational
skills of students attending such schools.
``SEC. 5103. PROGRAM AUTHORIZED.
``The Secretary is authorized, in accordance with this
part, to make grants to eligible local educational agencies
for use in magnet schools that are part of an approved
desegregation plan and that are designed to bring students
from different social, economic, ethnic, and racial
backgrounds together.
``SEC. 5104. DEFINITION.
``For the purpose of this part, the term `magnet school'
means a school or education center that offers a special
curriculum capable of attracting substantial numbers of
students of different racial backgrounds.
``SEC. 5105. ELIGIBILITY.
``A local educational agency is eligible to receive
assistance under this part if it--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of
any State, or any other State agency or official of competent
jurisdiction, and that requires the desegregation of
minority-group-segregated children or faculty in the
elementary and secondary schools of such agency; or
``(2) without having been required to do so, has adopted
and is implementing, or will, if assistance is made available
to it under this part, adopt and implement a plan that has
been approved by the Secretary as adequate under title VI of
the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such
schools.
``SEC. 5106. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency
desiring to receive assistance under this part shall submit
an application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
``(b) Information and Assurances.--An application under
this part shall include--
``(1) a description of--
``(A) how assistance made available under this part will be
used to promote desegregation, including how the proposed
magnet school project will increase interaction among
students of different social, economic, ethnic, and racial
backgrounds;
``(B) the manner and extent to which the magnet school
project will increase student achievement in the
instructional area or areas offered by the school;
``(C) the manner in which an applicant will continue the
magnet school project after assistance under this part is no
longer available, including, if applicable, an explanation of
whether successful magnet schools established or supported by
the applicant with funds under this part have been continued
without the use of funds under this part;
``(D) how funds under this part will be used to implement
services and activities that are consistent with the State's
and local educational agency's systemic reform plan, if any,
under title III of the Goals 2000: Educate America Act; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes specified
in section 5103;
``(B) employ teachers in the courses of instruction
assisted under this part who are certified or licensed by the
State to teach the subject matter of the courses of
instruction;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees of
the agency or other personnel for whom the agency has any
administrative responsibility;
``(ii) the assignment of students to schools, or to courses
of instruction within the school, of such agency, except to
carry out the approved plan; and
``(iii) designing or operating extracurricular activities
for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement;
and
``(E) give students residing in the local attendance area
of the proposed magnet school projects equitable
consideration for places in those projects.
``(c) Special Rule.--No application may be approved under
this section unless the Assistant Secretary of Education for
Civil Rights determines that the assurances described in
subsection (b)(2)(C) will be met.
``SEC. 5107. PRIORITY.
``In approving applications under this part, the Secretary
shall give priority to applicants that--
``(1) have the greatest need for assistance, based on the
expense or difficulty of effectively carrying out an approved
desegragation plan and the projects for which assistance is
sought;
``(2) propose to carry out new magnet school projects or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through
academic examination;
``(4) propose to implement innovative educational
approaches that are consistent with the State's and local
educational agency's approved systemic reform plans, if any,
under title III of the Goals 2000: Educate America Act; and
``(5) propose to draw on comprehensive community
involvement plans.
``SEC. 5108. USE OF FUNDS.
``(a) Use of Funds.--Grants made under this part may be
used by eligible local educational agencies--
``(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered at
magnet schools;
``(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation thereof, necessary for the conduct of programs in
magnet schools;
``(3) for the payment of, or subsidization of the
compensation of, elementary and secondary school teachers who
are certified or licensed by the State and who are necessary
to conduct programs in magnet schools; and
``(4) with respect to a magnet school program offered to
less than the entire student population of a school, for
instructional activities that--
``(A) are designed to make available the special curriculum
that is offered by the magnet school project to students who
are enrolled in the school but who are not enrolled in the
magnet school program; and
``(B) further the purposes of this part.
``(b) Special Rule.--With respect to subsections (a) (2)
and (3), such grants may be used by eligible local
educational agencies for such activities only if such
activities are directly related to improving the students'
reading skills or their knowledge of mathematics, science,
history, geography, English, foreign languages, art, or
music, or to improving vocational skills.
``SEC. 5109. PROHIBITIONS.
``Grants under this part may not be used for
transportation, or for any activity that does not augment
academic improvement.
``SEC. 5110. LIMITATION ON PAYMENTS.
``(a) Duration of Awards.--Awards made under this part
shall not exceed 3 years.
``(b) Limitation on Planning Funds.--A local educational
agency may expend for planning up to 50 percent of the funds
received under this part for the first year of the project,
15 percent for the second year of the project, and up to 10
percent for the third year of the project.
``(c) Limitation on Grants.--A local educational agency
shall not receive more than $4,000,000 under this part in any
one grant cycle.
``(d) Award Requirement.--To the extent practicable, for
any fiscal year, the Secretary shall award grants to local
educational agencies under this part no later than June 1 of
the applicable fiscal year.
``SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $120,000,000
for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996, 1997, 1998, and 1999.
``(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall, with respect to such excess amount, give
priority to grants to local educational agencies that did not
receive a grant under this part in the last fiscal year of
the funding cycle prior to the fiscal year for which the
determination is made.
``(c) Evaluations.--The Secretary may reserve not more than
2 percent of the funds appropriated under subsection (a) for
any fiscal year to carry out evaluations of projects under
this part.
``PART B--WOMEN'S EDUCATIONAL EQUITY ACT
``SEC. 5201. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds and declares that--
[[Page 534]]
``(1) educational programs in the United States are
frequently inequitable as such programs relate to women and
girls;
``(2) such inequities limit the full participation of all
individuals in American society; and
``(3) efforts to improve the quality of public education
also must include efforts to ensure equal access to quality
education programs for all women and girls.
``(b) Purpose.--The purpose of this part is to provide
gender equity in education in the United States; to provide
financial assistance to enable educational agencies and
institutions to meet the requirements of title IX of the
Educational Amendments of 1972; and to provide equity in
education to women and girls who suffer multiple forms of
discrimination based on sex, race, ethnic origin, limited
English proficiency, disability, or age.
``SEC. 5202. PROGRAMS AUTHORIZED.
``The Secretary is authorized--
``(1) to promote, coordinate and evaluate gender equity
policies, programs, activities and initiatives in all federal
education program and offices;
``(2) to develop, maintain, and disseminate materials,
resources, analyses and research relating to education equity
for women and girls;
``(3) to provide information and technical assistance to
assure the effective implementation of gender equity
programs;
``(4) to coordinate gender equity programs and activities
with other federal agencies with jurisdiction over education
and related programs;
``(5) to provide grants to develop model equity programs;
``(6) to provide funds for the implementation of equity
programs in schools throughout the Nation;
``(7) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to education equity for women and girls;
and
``(8) any other activities consistent with achieving the
purposes of this part.
``SEC. 5203. LOCAL IMPLEMENTATION GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to, and enter into contracts with, public agencies,
private nonprofit agencies, organizations, and institutions,
including students and community groups, for activities
designed to achieve the purposes of this part at all levels
of education, including preschool, elementary and secondary
education, higher education, adult education and vocational/
technical education; for the establishment and operation, for
a period not to exceed four years, of local programs to
ensure--
``(1) educational equity for women and girls;
``(2) equal opportunities for both sexes; and
``(3) to conduct activities incident to achieving
compliance with title IX of the Education Amendments of 1972.
``(b) Grant Program.--Authorized activities under
subsection (a) may include--
``(1) introduction into the curriculum and classroom of
curricula, textbooks, and other material designed to achieve
equity for women and girls;
``(2) implementation of preservice and inservice training
with special emphasis on programs and activities designed to
provide educational equity for women and girls;
``(3) evaluation of promising or exemplary model programs
to assess their ability to improve local efforts to advance
educational equity for women and girls;
(4) implementation of programs and policies to address
sexual harassment and violence against women and girls and to
ensure that educational institutions are free from threats to
the safety of students and personnel;
``(5) implementation of guidance and counseling activities,
including career education program, designed to ensure
educational equity for women and girls;
``(6) implementation of nondiscriminatory tests of aptitude
and achievement and of alternative assessments that eliminate
biased assessment instruments from use;
``(7) implementation of programs to increase educational
opportunities, including higher education, vocational
training, and other educational programs for low income
women; including underemployed and unemployed women and women
receiving Aid to Families with Dependent Children benefits;
``(8) implementation of programs to improve representation
of women in educational administration at all levels; and
``(9) planning, development and initial implementation of--
``(A) comprehensive plans for implementation of equity
programs in state and local educational agencies and
institutions of higher education; including community
colleges;
``(B) innovative approaches to school-community
partnerships for educational equity; and
``(C) innovative approaches to equity programs addressing
combined bias, stereotyping, and discrimination on the basis
of sex and race, ethnic origin, limited English proficiency,
and disability.
``(c) Application; Participation.--A grant may be made, and
a contract may be entered into, under this part only upon
application to the Secretary, at such time, in such form, and
containing or accompanied by such information as the
Secretary may prescribe. Each such application shall--
``(1) provide that the program or activity for which
assistance is sought will be administered by or under the
supervision of the applicant and in cooperation with
appropriate educational and community leaders, including
parent, teacher and student organizations, educational
institutions, business leaders, community-based organizations
serving women, and other significant groups and individuals;
``(2) describe a program for carrying out the purpose set
forth in section 5203(b) which holds promise of making
substantial contribution toward attaining such purposes;
``(3) describe plans for continuation and
institutionalization of the program with local support
following completion of the grant period and termination of
Federal support under this part; and
``(4) establish policies and procedures which ensure
adequate documentation and evaluation of the activities
intended to be carried out under the application.
``(d) Criteria; Priorities; Categories of Competition.--The
Secretary shall establish criteria, priorities, and
categories of competition for awards under this part to
ensure that available funds are used for those purposes that
most effectively will achieve the purposes of the Act.
``(1) The criteria shall address the extent to which--
``(A) the program addresses the needs of women and girls of
color and women and girls with disabilities;
``(B) the program meets locally defined and documented
educational equity needs and priorities, including title IX
compliance;
``(C) the program is a significant component of a
comprehensive plan for educational equity and title IX
compliance in the particular school district, institution of
higher education, vocational-technical institution, or other
educational agency or institution; and
``(D) the program implements an institutional change
strategy with long-term impact and will continue as a central
activity of the applicant agency or institution after the
grant is completed.
``(2) The Secretary shall establish priorities, one of
which shall be a priority for compliance with title IX of the
Education Amendments of 1972. Not more than 60 percent of
funds available in each fiscal year shall be allocated to
programs under the priorities.
``(3) To the extent feasible, the Secretary shall establish
3 categories of competition, distinguishing among three types
of applicants and levels of education that shall include--
``(A) grants to local educational agencies, state education
agencies, and other agencies and organizations providing
elementary and secondary education;
``(B) grants to institutions of higher education, including
community colleges and other agencies and organizations
providing postsecondary education, including vocational-
technical education, adult education, and other programs; and
``(C) grants to non-profit organizations, including
community-based organizations, groups representing students,
parents, and women, including women and girls of color and
women and girls with disabilities.
``(e) Special Rule.--To the extent feasible, the Secretary
shall ensure that the total of grants awarded each year
address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
``(2) all regions of the United States, including at least
one grant in each of the ten Federal regions; and
``(3) urban, rural, and suburban educational institutions.
``SEC. 5204. RESEARCH AND DEVELOPMENT GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to, and enter into contracts with, public agencies,
private nonprofit agencies, organizations, and institutions,
including students, and community groups, for activities
designed to achieve the purpose of this part at all levels of
education, including preschool, elementary and secondary
education, higher education, adult education and vocational-
technical education; to develop model policies and programs,
and to conduct research to address and ensure educational
equities for women and girls, including but not limited to--
``(1) the development and evaluation of gender-equitable
curricula, textbooks, software, and other educational
material and technology;
``(2) the development of model preservice and inservice
training programs for educational personnel with special
emphasis on programs and activities designed to provide
educational equity;
``(3) the development of guidance and counseling
activities, including career education programs, designed to
ensure gender equity;
``(4) the development and evaluation of nondiscriminatory
assessment systems;
``(5) the development of policies and programs to address
and prevent sexual harassment and violence to ensure that
educational institutions are free from threats to safety of
students and personnel;
``(6) the development and improvement of programs and
activities to increase opportunity for women, including
continuing educational activities, vocational education, and
programs for low income women; including underemployed and
unemployed women, and women receiving Aid to Families with
Dependent Children;
``(7) the development of instruments and strategies for
program evaluation and dissemination of promising or
exemplary pro-
[[Page 535]]
grams designed to improve local efforts to achieve gender
equity;
``(8) the development of instruments and procedures to
assess the presence or absence of gender equity in
educational settings; and
``(9) the development and evaluation of various strategies
to institutionalize gender equity in education.
``(b) Application.--A grant may be made, and a contract may
be entered into, under this part only upon application to the
Secretary, at such time, in such form, and containing or
accompanied by such information as the Secretary may
prescribe. Each such application shall--
``(1) provide that the program or activity for which
assistance is sought will be administered by or under the
supervision of the applicant;
``(2) describe a plan for carrying out 1 or more research
and development activities authorized in paragraph (a) above,
which holds promise of making a substantial contribution
toward attaining the purposes of this Act; and
``(3) set forth policies and procedures which insure
adequate documentation, data collection, and evaluation of
the activities intended to be carried out under the
application, including an evaluation or estimate of the
potential for continued significance following completion of
the grant period.
``(c) Criteria and Priorities.--(1) The Secretary shall
establish criteria and priorities to ensure that available
funds are used for programs that most effectively will
achieve the purposes of this part.
``(2) The criteria and priorities shall be promulgated in
accordance with section 431 of the General Education
Provisions Act.
``(3) In establishing priorities, one shall be programs
which address the educational needs of women and girls who
suffer multiple or compound discrimination based on sex and
on race, ethnic origin, disability, or age.
``(d) Special Rule.--To the extent feasible, the Secretary
shall ensure that the total of grants awarded each year
address--
``(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education; and
``(2) all regions of the United States.
``(e) Coordination.--Research activities supported under
this part--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Women's
Equity and the Office of Educational Research and
Improvement.
``(f) Limitation.--Nothing in this part shall be construed
as prohibiting men and boys from participating in any
programs or activities assisted under this part.
``SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) for the purpose of carrying out the provisions of
section 5203, there are authorized to be appropriated
$3,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999; and
``(2) for the purpose of carrying out the provisions of
section 5204, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``TITLE VI--INDIAN EDUCATION
``SEC. 6001. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility
to ensure that educational programs for all American Indian
and Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive content and student performance standards and
build on Indian culture and the Indian community;
``(B) assist local educational agencies, Indian tribes, and
others in providing Indian students the opportunity to
achieve those standards; and
``(C) meet the special educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since enactment of the original Indian Education Act
in 1972, Indian parents have become significantly more
involved in the planning, development, and implementation of
educational programs that affect them and their children, and
schools should continue to foster such involvement;
``(3) although the numbers of Indian teachers,
administrators, and university professors have increased
since 1972, teacher training programs are not recruiting,
training, or retraining sufficient numbers of Indian persons
as educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and
higher education;
``(4) the dropout rate for Indian students is unacceptably
high; for example, nine percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
``(5) from 1980 to 1990, the percentage of Indian persons
living in poverty increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is hampered by
the high incidence of poverty, unemployment, and health
problems among Indian children and families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of it is
poor in quality or focused on limited local or regional
issues.
``SEC. 6002. PURPOSE.
``(a) Purpose.--It is the purpose of this title to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the special educational and culturally related
academic needs of American Indians and Alaska Natives, so
that they can achieve to the same challenging State
performance standards expected of all students.
``(b) Programs Authorized.--This title carries out the
purpose described in subsection (a) by authorizing programs
of direct assistance for--
``(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska
Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people;
and
``(4) research, evaluation, data collection, and technical
assistance.
``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 6101. PURPOSE.
``It is the purpose of this part to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students in
order to ensure that such programs--
``(1) are based on challenging State content and student
performance standards that are used for all students; and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``A local educational agency is eligible for a grant under
this part for any fiscal year if the number of Indian
children who were enrolled in the schools of the agency, and
to whom the agency provided free public education, during the
preceding fiscal year--
``(1) was at least 20; or
``(2) constituted not less than 25 percent of the agency's
total enrollment.
``SEC. 6103. AMOUNT OF GRANTS.
``(a) Amount of Grants.--(1) The Secretary is authorized to
allocate to each local educational agency which has an
approved application under this part an amount equal to the
product of--
``(A) the number of Indian children described in section
6106; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the agency is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance with
subsection (e) of this section.
``(b) Minimum Grant Amount.--The Secretary shall not make a
grant to a local educational agency if the amount determined
under subsection (a) is less than $4,000, except that the
Secretary may make a grant to a consortium of local
educational agencies, one or more of which does not qualify
for such a minimum award, if--
``(1) the total amount so determined for such agencies is
not less than $4,000;
``(2) such agencies, in the aggregate, meet the eligibility
requirement of either section 6102(1) or 6102(2); and
``(3) the Secretary determines that such a grant would be
effectively used to carry out the purpose of this part.
``(c) Definition.--For the purpose of this section, the
average per-pupil expenditure of a State is determined by
dividing--
``(1) the aggregate current expenditures of all the local
educational agencies in the State, plus any direct current
expenditures by the State for the operation of such agencies,
without regard to the sources of funds from which such local
or State expenditures were made, during the second fiscal
year preceding the fiscal year for which the computation is
made; by
``(2) the aggregate number of children who were in average
daily attendance for whom such agencies provided free public
education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) In addition to the grants determined under
subsection (a), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the school is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall transfer the amount determined
under paragraph (1), reduced as may be necessary under
subsection (e), to the Secretary of the Interior in
accordance with, and subject to, section 9205 of this Act.
[[Page 536]]
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 6602(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 6104. APPLICATIONS.
``(a) General.--Any local educational agency that desires
to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(b) Comprehensive Program Required.--Each such
application shall include a comprehensive program for meeting
the needs of Indian children in the local educational agency,
including their language and cultural needs, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and
Alaska Native students,
``(2)(A) is consistent with, and promotes the goals in, the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act or, if
such plans are not approved or being developed, with the
State and local plans under sections 1111 and 1112 of this
Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining them,
that are based on the challenging State standards adopted
under title III of the Goals 2000: Educate America Act or
under title I of this Act for all children;
``(3) explains how Federal, State, and local programs,
especially under title I of this Act, will meet the needs of
such students;
``(4) demonstrates how funds under this part will be used
for activities authorized by section 6105;
``(5) describes the professional development to be
provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian community are prepared to work with Indian
children; and
``(B) all teachers who will be involved in the project have
been properly trained to carry it out; and
``(6) describes how the agency--
``(A) will periodically assess the progress of all Indian
children in its schools, including Indian children who do not
participate in programs under this part, in meeting the goals
described in paragraph (2);
``(B) will provide the results of that assessment to the
parent committee described in subsection (c)(6) and to the
community served by the agency; and
``(C) is responding to findings of any previous such
assessments.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) the local educational agency will use funds received
under this part only to supplement the level of funds that,
in the absence of such Federal funds, the agency would make
available for the education of Indian children, and not to
supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the Secretary's functions under this part;
and
``(B) determine the extent to which funds provided under
this part have been effective in improving the educational
achievement of Indian students in the local educational
agency;
``(3) the program for which assistance is sought has been
based upon a local assessment and prioritization of the
special educational and culturally related academic needs of
the American Indian and Alaska Native students for which the
local educational agency is providing an education;
``(4) the program for which assistance is sought will use
the best available talents and resources, including persons
from the Indian community;
``(5) the local educational agency has developed the
program in open consultation with parents of Indian children,
teachers, and, where appropriate, secondary school Indian
students, including holding public hearings at which such
persons have had a full opportunity to understand the program
and to offer recommendations regarding such program;
``(6) the local educational agency has developed the
program with the participation and written approval of a
committee--
``(A) that is composed of, and selected by, parents of
Indian children in the local educational agency's schools,
teachers, and, where appropriate, secondary school Indian
students and of which at least half the members are such
parent;
``(B) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children and representatives of the area to be served;
``(C) that, in the case of an application which includes a
schoolwide project (as specified in section 6105(c) of this
part) finds that such project will not diminish the
availability of culturally related activities for American
Indians and Alaskan Native students; and
``(D) that adopts and abides by reasonable bylaws for the
conduct of the activities of the committee.
``(d) State Educational Agency Review.--(1) Before
submitting its application to the Secretary, the local
educational agency shall obtain comments on the application
from the State educational agency.
``(2) The local educational agency shall send the State
educational agency's comments to the Secretary with its
application.
``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this part shall use the grant
funds for services and activities, consistent with the
purpose of this part, that--
``(1) are designed to carry out its comprehensive plan for
Indian students, described in its application under section
6104(b);
``(2) are designed with special regard for the language and
cultural needs of those students; and
``(3) supplement and enrich the regular school program.
``(b) Particular Activities.--Such services and activities
include--
``(1) culturally related activities which support the
program set out in the application, as required in section
6104;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and that directly support the
attainment of challenging State content and student
performance standards;
``(4) integrated educational services in combination with
other programs meeting similar needs;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as those supported
by the School-to-Work Opportunities Act of 1993 and the Carl
D. Perkins Vocational and Applied Technology Education Act,
including tech-prep, mentoring, and apprenticeship programs;
``(6) prevention of, and education about, substance abuse;
and
``(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this part.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of this part, a local educational agency may use
funds it receives under this part to support a schoolwide
program under section 1114 of title I of this Act, in
accordance with such section, if the Secretary determines
that the local educational agency has made adequate provision
for the participation of Indian children in such project and
the involvement of Indian parents in the formulation of such
project.
``SEC. 6106. STUDENT ELIGIBILITY FORMS.
``(a) The Secretary shall require that each application for
a grant under this subpart for each fiscal year be supported
by a form, maintained in the files of the applicant, for each
eligible Indian child for whom the local educational agency
is providing free public education that sets forth
information establishing the status of the child as an
eligible Indian child.
``(b) The Secretary shall request on the form required
under subsection (a) at least the following information:
``(1) either--
``(A) the name of the tribe, band, or other organized group
of Indians with which the child claims membership, along with
the enrollment number establishing membership (if readily
available), and the name and address of the organization
which has updated and accurate membership data for such
tribe, band, or other organized group of Indians, or
``(B) if the child is not a member of a tribe, band, or
other organized group of Indians, the name, the enrollment
number (if readily available), and the organization (and
address thereof) responsible for maintaining updated and
accurate membership rolls of any of the child's parents or
grandparents, from whom the child claims eligibility;
``(2) whether the tribe, band, or other organized group of
Indians with which the child, his parents, or grandparents
claim membership is federally recognized;
``(3) the name and address of the parent or legal guardian;
``(4) the signature of the parent or legal guardian
verifying the accuracy of the information supplied; and
``(5) any other information which the Secretary deems
necessary to provide an accurate program profile.
``(c) Nothing in the requirements of subsection (b) may be
construed as affecting the definition set forth in section
6601. In order for a child to be counted in computing the
local educational agency's grant award, the eligibility form
for the child must contain at a minimum--
``(1) the child's name;
``(2) the name of the tribe, band, or other organized group
of Indians; and
``(3) the parent's dated signature.
The failure of an applicant to furnish any other information
listed in subsection (b) with respect to any child shall have
no bearing on the determination of whether the child is an
eligible Indian child.
``(d) The forms and the standards of proof (including the
standard of good faith compliance) that were in use during
the 1985-1986 academic year to establish a child's
eligibility for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the only forms and
standards of proof used to establish such eligibility and to
meet the requirements of subsection (a).
[[Page 537]]
``(e) For purposes of determining whether a child is an
eligible Indian child, the membership of the child, or any
parent or grandparent of the child, in a tribe, band, or
other organized group of Indians may be established by proof
other than an enrollment number, even if enrollment numbers
for members of such tribe, band, or groups are available.
Nothing in subsection (b) may be construed as requiring the
furnishing of enrollment numbers.
``(f)(1)(A) The Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants
under this part each fiscal year, such sampling to take into
account size of the recipient and geographic location. The
purpose of the sampling shall be to provide the Secretary
with such information as is necessary to assist the Secretary
in carrying out his or her responsibility to provide
technical assistance under this part.
``(B) A local educational agency may not be held liable to
the United States, or be otherwise penalized, by reason of
the findings of an audit that relate to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, a child's eligibility for
entitlement under the Indian Elementary and Secondary School
Assistance Act.
``(2) Any local educational agency that provides false
information in the application for a grant under this subpart
shall be ineligible to apply for any other grants under this
part and shall be liable to the United States for any funds
provided under this part that have not been expended.
``(3) Any student who provides false information on the
form required under subsection (d)(1) may not be taken into
account in determining the amount of any grant under this
part.
``(g) For purposes of distribution of funds under this Act
to schools funded by the Bureau of Indian Affairs, the
Secretary shall use the count of the number of students in
each such school funded under the Indian Student Equalization
Formula developed pursuant to section 1128 of Public Law 95-
561, in lieu of the requirements of this section.
``SEC. 6107. PAYMENTS.
``(a) General.--The Secretary shall pay each local
educational agency with an application approved under this
part the amount determined under section 6103, subject to
subsections (b) and (c) of this section and shall notify such
local educational agency of the amount no later than June 1
of the year in which the grant will be paid.
``(b) Payments Taken Into Account by the State.--The
Secretary shall not make a grant under this part for any
fiscal year to any local educational agency in a State that
has taken into consideration payments under this part (or
under subpart 1 of the Indian Education Act of 1988) in
determining the eligibility of the local educational agency
for State aid, or the amount of that aid, with respect to the
free public education of children during that year or the
preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--(1) The Secretary shall not pay any local
educational agency the full amount determined under section
6103 for any fiscal year unless the State educational agency
notifies the Secretary, and the Secretary determines, that
the combined fiscal effort of that local agency and the State
with respect to the provision of free public education by
such local agency for the preceding fiscal year, computed on
either a per-student or aggregate expenditure basis, was not
less than 90 percent of such combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
``(2) If the Secretary determines for any fiscal year that
a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1), the
Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to the agency under this part in the exact proportion
of such agency's failure to maintain its fiscal effort at
such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required
to comply with paragraph (1).
``(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
``(d) Reallocations.--The Secretary may reallocate, in the
manner the Secretary determines will best carry out the
purpose of this part, any amounts that--
``(1) based on estimates by local educational agencies or
other information, will not be needed by such agencies to
carry out their approved projects under this part; or
``(2) otherwise become available for reallocation under
this part.
``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) Purpose Coordination.--(1) It is the purpose of this
section to support projects that are to develop, text, and
demonstrate the effectiveness of services and programs to
improve educational opportunities and achievement of Indian
children.
``(2) The Secretary shall take such steps as are necessary
to achieve coordination of projects funded under this part
with other programs funded under this Act and with other
Federal programs operated for the benefit of American Indian
and Alaska Native children.
``(b) Eligible Applicants.--State educational agencies,
local educational agencies, Indian tribes, Indian
organizations, federally supported elementary and secondary
schools for Indian students, Indian institutions, including
Indian institutions of higher education, and consortia
thereof may apply for grants under this section.
``(c) Authorized Projects and Activities.--Recipients of
grants under this section shall use the grant funds to carry
out projects and activities that meet the purpose of this
section, such as--
``(1) innovative programs related to the educational needs
of educationally deprived children;
``(2) educational services not available to such children
in sufficient quantity or quality, including remedial
instruction, to raise the achievement of Indian children in 1
or more of the core curriculum areas of English, mathematics,
science, foreign languages, art, history, and geography;
``(3) bilingual and bicultural programs and projects;
``(4) special health and nutrition services, and other
related activities, which meet the special health, social,
and psychological problems of Indian children;
``(5) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school and to increase the rate of high
school graduation;
``(6) comprehensive guidance, counseling, and testing
services;
``(7) early childhood and kindergarten programs, including
family based preschool programs that emphasize school
readiness and parental skills, and services to Indian
children with disabilities;
``(8) partnership projects between local educational
agencies and institutions of higher education that allow high
school students to enroll in courses at the postsecondary
level to aid them in the transition from high school to
postsecondary education;
``(9) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills they need
to make an effective transition from school to a first job in
a high-skill, high-wage career;
``(10) programs designed to encourage and assist Indian
student to work toward, and gain entrance into, institutions
of higher education; and
``(11) other services which meet the needs of this section.
Preservice or in-service training of professional and
paraprofessional personnel may be a part of any program
authorized under this section.
``(d) Grants and Applications.--
``(1) Grants.--(A) The Secretary may make grants under this
section for up to 5 years. Grants may be made for the
planning, development, pilot operation, or demonstration of
any activity authorized under this section, with priority
given to those applications which present a plan for
combining 2 or more of these operations over a multiyear
period. The Secretary shall make such multiyear grants
subject to the conditions included below and shall provide
continuation funding for each fiscal year upon a positive
determination that the applicant has made substantial
progress in carrying out the operations covered under each
grant period, as set forth in the initial grant and any
subsequent modifications.'
``(B) The Secretary is also authorized to make
dissemination grants. Prior to making any such dissemination
grant, the Secretary shall make a finding that the material
or program to be disseminated has been adequately reviewed
and has shown (i) educational merit, and (ii) and ability to
be replicated.
``(2) Applications.--(A) Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(B) Each application shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the project for which
assistance is sought;
``(ii) an assurance that the applicant will participate, at
the request of the Secretary, in any national evaluation of
projects under this section; and
``(iii) such other assurances and information as the
Secretary may reasonably require.
``SEC. 6202. PROFESSIONAL DEVELOPMENT.
``(a) Purpose.--The purpose of this section is to increase
the number of qualified Indian persons in professions serving
Indian people, and to provide training as teachers,
administrators, teacher aides, social workers, and ancillary
educational personnel, and to im-
[[Page 538]]
prove the skills of those presently serving in these
capacities.
``(b) Eligible Applicants.--Eligible applicants under this
section are--
``(1) institutions of higher education, including Indian
institutions of higher education;
``(2) State and local educational agencies, in consortium
with institutions of higher education; and
``(3) Indian tribes and organizations, in consortium with
institutions of higher education.
``(c) Authorized Projects and Activities.--(1) Each
recipient of a grant under this section shall use the grant
funds to provide support and training for Indian persons,
consistent with the purposes of this section. Such activities
may include, but are not limited to, a continuing program,
symposia, workshops, conferences, and direct financial
support.
``(2)(A) For education personnel, such training may be in-
service or preservice.
``(B) For those being trained in other fields, such
training shall be in programs that result in graduate
degrees.
``(3) In programs funded under this section, preference
shall be given to the training of Indians.
``(4) In making grants under this section, the Secretary
shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants or
the length of time for which the applicant has received
grants.
``(d) Project Period.--The project period for each project
approved under this section shall be up to 5 years.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work which benefits Indian
people or repay all or a prorated part of the support
received. The Secretary shall establish by regulation a
mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.
``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) In General.--During each fiscal year ending prior to
October 1, 1999, the Secretary is authorized to award
fellowships to be used for study in graduate and professional
programs at institutions of higher education. Such
fellowships shall be awarded to Indian students in order to
enable them to pursue a course of study of not more than 4
academic years leading toward a postbaccalaureate degree in
medicine, clinical psychology, psychology, law, education,
and related fields or leading to an undergraduate or graduate
degree in engineering, business administration, natural
resources, and related fields.
``(b) Stipends.--The Secretary shall pay to persons awarded
fellowships under subsection (a) such stipends (including
such allowances for subsistence of such persons and their
dependents) the Secretary may determine to be consistent with
prevailing practices under comparable federally supported
programs.
``(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which the holder of a fellowship awarded under subsection (a)
is pursuing a course of study, in lieu of tuition charged
such holder, such amounts as the Secretary may determine to
be necessary to cover the cost of education provided the
holder of such a fellowship.
``(d) Special Rules.--
``(1) The Secretary may, if a fellowship awarded under
subsection (a) is vacated prior to the end of the period for
which it was awarded, award an additional fellowship for the
remainder of such period.
``(2) By no later than the date that is 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under
subsection (a) for such academic term written notice of the
amount of such fellowship and of any stipends or other
payments that will be made under this section to, or for the
benefit of, such individual for such academic term.
``(3) Not more than 10 percent of the fellowships awarded
under subsection (a) shall be awarded, on a priority basis,
to persons receiving training in guidance counseling with a
specialty in the area of alcohol and substance abuse
counseling and education.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive financial
assistance under this section perform related work which
benefits Indian people or repay all or a prorated part of the
support received. The Secretary shall establish by regulation
a mechanism for having the recipient provide information of
compliance with this requirement beginning within 12 months
of the completion of training received.
``SEC. 6204. GIFTED AND TALENTED.
``(a) Establishment of Centers.--The Secretary shall
establish 2 centers for gifted and talented Indian students
at tribally controlled community colleges.
``(b) Demonstration Projects.--
``(1) The Secretary shall award separate grants to, or
enter into contracts with--
``(A) 2 tribally controlled community colleges that--
``(i) are eligible for funding under the Tribally
Controlled Community College Assistance Act of 1978, and
``(ii) are fully accredited, or
``(B) if acceptable applications are not submitted to the
Secretary by 2 of such colleges, the American Indian Higher
Education Consortium,
for the establishment of centers under subsection (a) and for
demonstration projects designed to address the special needs
of Indian students in elementary and secondary schools who
are gifted and talented and to provide such support services
to their families that are needed to enable the students to
benefit from the project.
``(2) Any person to whom a grant is made, or with whom a
contract is entered into, under paragraph (1) may enter into
a contract with any other persons, including the Children's
Television Workshop, for the purpose of carrying out the
demonstration projects for which such grant was awarded or
for which the contract was entered into by the Secretary.
``(3) Demonstration projects funded under this section may
include--
``(A) the identification of the special needs of gifted and
talented students, particularly at the elementary school
level, with attention to the emotional and psychosocial needs
of these students and to the provision of those support
services to their families that are needed to enable these
students to benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such gifted and talented children,
including, but not limited to, demonstrating and exploring
the use of Indian languages and exposure to Indian cultural
traditions, and mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools which receive grants
under subsection (c) with respect to the activities funded by
such grants, the evaluation of programs at such schools
funded by such grants, or the dissemination of such
evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including the
dissemination of information derived from the demonstration
projects conducted under this section; and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to
the provision of such support services to their families that
are needed to enable such children to benefit from the
project.
``(c) Additional Grants.--
``(1) The Secretary, in consultation with the Secretary of
the Interior, shall provide 5 grants to schools that are
Bureau funded schools for program research and development
regarding, and the development and dissemination of
curriculum and teacher training material regarding--
``(A) gifted and talented students,
``(B) college preparatory studies (including programs for
Indian students interested in teaching careers),
``(C) students with special culturally related academic
needs, including social, lingual, and cultural needs, and
``(D) math and science education.
``(2) Applications for the grants provided under paragraph
(1) shall be submitted to the Secretary in such form and at
such time as the Secretary may prescribe. Applications for
such grants by Bureau schools, and the administration of any
of such grants made to a Bureau school, shall be undertaken
jointly by the supervisor of the Bureau school and the local
school board.
``(3) Grants may be provided under paragraph (1) for one or
more activities described in paragraph (1).
``(4) In providing grants under paragraph (1), the
Secretary shall--
``(A) achieve a mixture of programs described in paragraph
(1) which ensures that students at all grade levels and in
all geographic areas of the United States are able to
participate in some programs funded by grants provided under
this subsection, and
``(B) ensure that a definition of the term `gifted and
talented student' for purposes of this section and section
1128(c)(3)(A)(i) of the Education Amendments of 1978 is
developed as soon as possible.
``(5) Subject to the availability of appropriated funds,
grants provided under paragraph (1) shall be made for a 3-
year period and may be renewed by the Secretary for
additional 3-year periods if performance by the grantee is
satisfactory to the Secretary.
``(6)(A) The dissemination of any materials developed from
activities funded by grants provided under paragraph (1)
shall be carried out in cooperation with institutions
receiving funds under subsection (b).
``(B) The Secretary shall report to the Secretary of the
Interior and to the Congress any results from activities
described in paragraph (4)(B).
``(7)(A) The costs of evaluating any activities funded by
grants made under paragraph (1) shall be divided between the
school conducting such activities and the demonstration
project recipients under subsection (b).
``(B) If no funds are provided under subsection (b) for--
``(i) the evaluation of activities funded by grants made
under paragraph (1),
``(ii) technical assistance and coordination with respect
to such activities, or
``(iii) dissemination of such evaluations,
the Secretary shall, by grant or through contract, provide
for such evaluations, technical assistance, coordination, and
dissemination.
``(d) Information Network.--The Secretary shall encourage
persons to whom a grant is made, or with whom a contract is
[[Page 539]]
entered into, under this section to work cooperatively as a
national network so that the information developed by such
persons is readily available to the entire educational
community.
``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
``SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
``(a) In General.--The Secretary shall carry out a program
of awarding grants to State and local educational agencies
and to Indian tribes, institutions, and organizations--
``(1) to support planning, pilot, and demonstration
projects which are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
``(2) to assist in the establishment and operation of
programs which are designed to stimulate--
``(A) the provision of basic literacy opportunities to all
nonliterate Indian adults, and
``(B) the provision of opportunities to all Indian adults
to qualify for a high school equivalency certificate in the
shortest period of time feasible;
``(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving the literacy and high school equivalency goals;
``(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of illiteracy
and lack of high school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of the
effectiveness of, education programs which may offer
educational opportunities to Indian adults.
``(b) Educational Services.--The Secretary is authorized to
make grants to Indian tribes, Indian institutions, and Indian
organizations to develop and establish educational services
and programs specifically designed to improve educational
opportunities for Indian adults.
``(c) Information and Evaluation.--The Secretary is also
authorized to make grants to, and to enter into contracts
with, public agencies and institutions and Indian tribes,
institutions, and organizations for--
``(1) the dissemination of information concerning
educational programs, services, and resources available to
Indian adults, including evaluations thereof; and
``(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of such programs in achieving the purposes of
such programs with respect to such adults.
``(d) Applications.--
``(1) Applications for a grant under this section shall be
submitted at such time, in such manner, contain such
information, and be consistent with such criteria, as may be
required under regulations prescribed by the Secretary. Such
applications shall--
``(A) set forth a statement describing the activities for
which assistance is sought; and
``(B) provide for an evaluation of the effectiveness of the
project in achieving its purposes and the purposes of this
section.
``(2) The Secretary shall not approve an application for a
grant under subsection (a) unless the Secretary is satisfied
that such application, and any documents submitted with
respect thereto, indicate that--
``(A) there has been adequate participation by the
individuals to be served and tribal communities in the
planning and development of the project, and
``(B) there will be such a participation in the operation
and evaluation of the project.
``(3) In approving applications under subsection (a), the
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``PART D--NATIONAL ACTIVITIES AND GRANTS TO STATES
``SEC. 6401. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--From funds appropriated for
any fiscal year to carry out this section, the Secretary
may--
``(1) conduct research related to effective approaches to
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities consistent with the
purpose of this Act.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
``(a) Before submitting its application to the Secretary,
the local educational agency shall submit its application to
the State educational agency.
``(b) The State education agency may send to the Secretary
comments on each local educational agency application its
reviews. The Secretary shall take such comments into
consideration in reviewing such application.
``PART E--FEDERAL ADMINISTRATION
``SEC. 6501. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office
of Indian Education (referred to in this section as `the
Office') in the Department of Education.
``(b) Director.--(1) The Office shall be under the
direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
``(2) The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of
Elementary and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons;
and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(3) The Director of the Office shall be a member of the
career Senior Executive Service.
``(c) Indian Preference in Employment.--(1) The Secretary
shall give a preference to Indian persons in all personnel
actions in the Office.
``(2) Such preference shall be implemented in the same
fashion as the preference given to any veteran under section
2609 of the Revised Statutes, section 45 of title 25, United
States Code.
``SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There shall be a National Advisory
Council on Indian Education (referred to in this section as
`the Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the country.
``(b) Duties.--The Council shall--
``(1) advise the Secretary on the funding and
administration, including the development of regulations and
of administrative policies and practices, of any program,
including programs under this title, for which the Secretary
is responsible and in which Indian children or adults
participate or from which they can benefit;
``(2) make recommendations to the Secretary for filling the
Director's position whenever a vacancy occurs in such
position; and
``(3) submit to the Congress, by June 30 of each year, a
report on its activities, which shall include--
``(A) any recommendations it finds appropriate for the
improvement of Federal education programs in which Indian
children or adults participate, or from which they can
benefit; and
``(B) its recommendations with respect to the funding of
any such programs.
``SEC. 6503. PEER REVIEW.
``In reviewing applications under parts B, C, and D of this
title, the Secretary may use a peer review process.
``SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under parts B and C of this title, the
Secretary shall give a preference to Indian tribes, Indian
organizations, and Indian institutions of higher education
under any program for which they are eligible to apply.
``SEC. 6505. MINIMUM GRANT CRITERIA.
``In making grants under parts B and C of this title, the
Secretary shall approve only projects that are--
``(1) of sufficient size, scope, and quality to achieve the
purpose of the section under which assistance is sought; and
``(2) based on relevant research findings.
``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 6601. DEFINITIONS.
``The following definitions apply to terms as used in this
title:
``(1) The term `adult' means an individual who is either--
``(A) not less than 16 years old; or
``(B) beyond the age of compulsory school attendance under
State law.
``(2) The term `adult education' has the meaning given such
term in section 312(2) of the Adult Education Act.
``(3) The term `free public education' means education that
is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(4) The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) tribes and bands terminated since 1940; and
``(ii) tribes and bands recognized by the State in which
they reside;
[[Page 540]]
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose; or
``(D) an Eskimo, Aleut, or other Alaska Native.
``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Part A.--For the purpose of carrying out part A of
this title, there are authorized to be appropriated
$61,300,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(b) Parts B Through D.--For the purpose of carrying out
parts B, C, and D of this title, there are authorized to be
appropriated $20,925,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Part E.--For the purpose of carrying out part E of
this title, including section 6502, there are authorized to
be appropriated $3,775,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``SEC. 7001. SHORT TITLE.
``This title may be cited as the `Bilingual Education Act'.
``SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans constitute a large and
growing proportion of the Nation's population;
``(2) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
``(5) limited-English-proficient children and youth, like
all other children and youth, have diverse educational needs
and strengths and therefore require access to all educational
programs and services;
``(6) the Federal Government has a responsibility for the
education of American Indians and a special obligation to
Native Alaskans, Native Hawaiians and native residents of the
territories and freely associated nations to redress the
effect of past Federal policies;
``(7) institutions of higher education can assist in
preparing teachers, administrators and other school personnel
to understand and build upon the educational strengths and
needs of language-minority and culturally diverse student
enrollments;
``(8) it is the purpose of this title to help ensure that
limited-English-proficient students master English and
develop high levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and
as international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which
deserves protection and development;
``(11) educational technology has the potential for
improving the education of language-minority and limited-
English-proficient students and their families, and the
Federal Government should foster this development;
``(12) research, development, implementation and
dissemination of effective bilingual education methods,
practices, and programs for limited-English-proficient
children are essential to systemwide school reform that
improves education for all children; and
``(13) a recognized means by which a child learns is
through the use of the child's native language, cultural
heritage, and instructional programs which use and build upon
a child's non-English native language and cultural heritage
to promote parent and community involvement in education,
student self-esteem, proficiency in English, and subject
matter achievement.
``(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education, and community-
based organizations to build their capacity to establish,
implement, and sustain programs of instruction for language
minority and limited-English-proficient children and youth.
``(c) Purpose.--The purpose of this title is to educate
language minority and limited-English-proficient children and
youth to meet the same rigorous standards for academic
performance expected of all children and youth, including
meeting challenging State performance standards in academic
areas by developing--
``(1) systemic improvement and reform of educational
programs serving language-minority and limited-English-
proficient students through the development and
implementation of exemplary bilingual education programs and
special alternative instruction programs;
``(2) data collection and dissemination, research,
materials development, and technical assistance which is
focused on school improvement for language-minority and
limited-English-proficient students; and
``(3) programs which strengthen and improve the
professional training of educational personnel who work with
limited-English-proficient and language-minority students.
``SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out the
provisions of this title (except part F), there are
authorized to be appropriated $215,000,000 for the fiscal
year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall
reserve at least 25 percent for part C of this title.
``SEC. 7004. DEFINITIONS; REGULATIONS.
``(a) General Rule.--For purposes of this title--
``(1) The term `native language', when used with reference
to an individual, means the language normally used by such
individuals, or, in the case of a child, the language
normally used by the parents of the child.
``(2) The term `language-minority' means--
``(A) individuals whose native language is other than
English;
``(B) individuals who usually speak a language other than
English or come from home environments where a language other
than English is usually spoken; or
``(C) American Indians, Alaskan Natives, and Native
Hawaiians and native residents of the territories and freely
associated nations.
``(3) The term `limited-English-proficient' means a
language-minority person who has difficulty understanding,
speaking, reading, or writing the English language at a level
appropriate to his or her age and grade and is, thereby,
academically disadvantaged in programs conducted exclusively
in English.
``(4) The term `bilingual education' refers to educational
programs for limited-English-proficient students which make
instructional use of both English and a student's native
language. Programs of bilingual education must enable
limited-English-proficient students to achieve English
proficiency and academic mastery of subject matter content
and higher order skills, including critical thinking, so as
to meet age-appropriate grade-promotion and graduation
standards in concert with national education goals. Bilingual
education programs may also develop the native language
skills of limited-English-proficient students, or ancestral
languages of American Indians, Alaskan Natives, Native
Hawaiians and native residents of the territories and freely
associated nations. English proficient students may
participate in bilingual education programs if the programs
are designed to enable all enrolled students to become
proficient in English and a second language.
``(5) The term `special alternative instructional program'
refers to educational programs for limited-English-proficient
students which utilize specially designed English language
curricula and services but do not use the student's native
language for instructional purposes. Special alternative
instructional programs must enable limited-English-proficient
students to achieve English proficiency and academic mastery
of subject matter content and higher order skills, including
critical thinking so as to meet age-appropriate grade-
promotion and graduation standards in concert with national
education goals. Special alternative instructional programs
are suitable for schools where the diversity of the limited-
English-proficient students' native languages and the small
number of students speaking each respective language makes
bilingual education impractical and where there is a critical
shortage of bilingual education teachers.
``(6) The term `family education programs' refers to
bilingual education or special alternative instructional
programs designed to help limited-English-proficient adults
and out-of-school youths achieve proficiency in the English
language and to provide instruction on how parents and family
members can facilitate the educational achievement of their
children. When feasible, instructional programs such as the
model developed under the Even Start Literacy Programs that
promote adult literacy and train parents to support the
educational growth of their children shall be developed.
Programs shall give preference to participation by parents
and immediate family members of children attending school.
Family education programs may also provide instruction to
facilitate higher education and employment outcomes.
``(7) The term `institution of higher education' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965.
``(8) The term `Office' means the Office of Bilingual
Education and Minority Languages Affairs.
``(9) The term `community college' has the meaning given
such term in section 1201(a) of the Higher Education Act of
1965 for an institution which provides not less than a 2-year
program which is acceptable for full credit toward a
bachelor's degree, including institutions receiving
assistance under the Tribally Controlled Community College
Assistance Act of 1978.
``(10) The term `paraprofessional' means an individual who
is employed in preschool or elementary or secondary school
under the supervision of a certified or licensed teacher,
including individuals employed in bilingual education,
special education and migrant education.
``(11) The term `other programs for persons of limited-
English-proficiency' means any programs administered by the
Secretary
[[Page 541]]
that serve persons of limited-English-proficiency.
``(12) The term `community-based organization' means a
private nonprofit organization or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community. The term `community-based organization'
includes Native Hawaiian organizations (including Native
Hawaiian education organizations) as defined in section 4009
of Public Law 100-297).
``(13) The term `children and youth' means individuals aged
3 through 21.
``(14) The term `immigrant children and youth' means
individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending 1 or more schools in any 1 or
more States for more than 2 full academic years.
``(b) Regulation Rule.--In developing regulations under
this title, the Secretary shall consult with State and local
educational agencies, organizations representing limited-
English-proficient individuals, and organizations
representing teachers and other personnel involved in
bilingual education.
``(c) Parental Notification.--Parents of children and youth
participating in programs assisted under this title shall be
informed of--
``(1) a student's level of English proficiency, how it was
assessed, the status of a student's academic achievement and
the implications of a student's educational strengths and
needs for age and grade appropriate academic attainment,
promotion, and graduation;
``(2) what programs are available to meet the student's
educational strengths and needs and how the programs differ
in content and instructional goals, and in the case of a
disabled student, how the program meets the objectives of a
student's individualized education program;
``(3) the instructional goals of the bilingual education or
special alternative instructional program, and how the
program will specifically help the limited-English-proficient
student acquire English and meet age-appropriate standards
for grade-promotion and graduation, including--
``(A) the benefits and nature of the bilingual educational
program and of the instructional alternatives; and
``(B) the reasons for the selection of their child as being
in need of bilingual education.
``(4)(A) Parents shall also be informed that they have the
option of declining enrollment of their children and youth in
such programs and shall be given an opportunity to do so if
they so choose.
``(B) Local educational agencies are not relieved of any of
their obligations under title VI of the Civil Rights Act of
1964 because parents choose not to enroll their children in
bilingual education programs.
``(5) Parents must receive, in a manner and form
understandable to them, including, if necessary and to the
extent feasible, in their native language, the information
required by this subsection. At a minimum, parents must
receive--
``(A) timely information about projects funded under this
part; and
``(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose
of formulating and responding to recommendations from such
parents.
``(6) no action may involve the admission or exclusion of
students to or from any federally assisted education program
merely on the basis of the surnames or language-minority
status of such students.
``SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN SCHOOLS.
``(a) Eligible Entities.--For the purpose of carrying out
programs under this title for individuals served by
elementary, secondary, or postsecondary schools operated
predominately for Indian or Alaska Native children and youth,
an Indian tribe, a tribally sanctioned educational authority,
or an elementary or secondary school that is operated or
funded by the Bureau of Indian Affairs shall be considered to
be a local educational agency as such term is used in this
title, subject to the following qualifications:
``(1) The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(2) The term `tribally sanctioned educational authority'
means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; or
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian tribe to
operate any such school or otherwise to oversee the delivery
of educational services to members of that tribe; and
``(ii) approved by the Secretary for the purpose of this
section.
``(b) Bureau of Indian Affairs Schools.--From the sums
appropriated pursuant to section 7003, the Secretary is
authorized to make payments to applicants to carry out
programs of bilingual education or special alternative
instruction for Indian children served by elementary and
secondary schools operated or funded by the Bureau of Indian
Affairs.
``(c) Annual Report.--(1) The Assistant Secretary of the
Interior for the Bureau of Indian Affairs in collaboration
with the Secretary shall submit to the Congress, the
President, and the Secretary, by September 30 of each year, a
report which provides--
``(A) an assessment of the educational outcomes and needs
of Indian children with respect to the purposes of this title
in schools operated or funded by the Department of the
Interior, including tribes and local educational agencies
receiving assistance under the Johnson-O'Malley Act and the
Native American Languages Act; and
``(B) an assessment of the extent to which such needs are
being met by funds provided to such schools for educational
purposes through the Secretary of the Interior.
``(2) The results presented in this report shall be
included in the report under section 7401 of this Act.
``(3) The assessments required under this subsection shall
be waived if such assessments duplicate similar assessment
requirements under other Federal or tribal laws.
``SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED NATIONS.
``For the purpose of carrying out programs under this title
in Guam and the freely associated nations, the term `local
educational agency' shall include public institutions or
agencies whose mission is the preservation and maintenance of
native languages.
``PART A--BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
``SEC. 7101. PURPOSE OF GRANTS.
``Grants under this part shall be used to develop the
capacity of local educational agencies, institutions of
higher education, and community-based organizations which
provide educational programs to initiate, develop, enhance or
improve bilingual education or special alternative
instruction programs for children and youth of limited-
English-proficiency.
``SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited-English-proficient students including
programs of early childhood education, K-12 education, gifted
and talented education, and vocational and applied technology
education.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
development and implementation grants of up to $100,000
annually for 3 years with 1 additional year upon the
Secretary's approval.
``(2) Grants approved under this section shall be used to
improve the education of limited-English-proficient students
and their families by--
``(A) developing and implementing comprehensive preschool,
elementary, or secondary bilingual education or special
alternative instructional programs that are coordinated with
other relevant programs and services to meet the full range
of educational needs of limited-English-proficient students;
and
``(B) providing in service training to classroom teachers,
administrators, and other school or community-based
organizational personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by--
``(A) implementing family education programs and
activities; and
``(B) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
may also be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to develop and implement early childhood
education or family education programs or to conduct an
instructional program which supplements the educational
services provided by a local educational agency.
``(d) Distribution.--The Secretary shall, to the extent
practicable, award grants equally among early childhood
education, elementary education, and secondary education
programs.
``SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited-English-
proficient students.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
enhancement project grants of up to $100,000 for 2 years to
eligible applicants.
``(2) Grants approved under this section shall be used for
providing in-service training to classroom teachers,
administrators, and other school or community-based
organization personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
[[Page 542]]
``(3) Grants approved under this section may be used for--
``(A) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology;
``(B) implementing family education programs and
activities; and
``(C) providing intensified instruction.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
also may be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to enhance early childhood education or
family education programs or to conduct an instructional
project which supplements the educational services provided
by a local educational agency.
``SEC. 7104. WHOLE-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible applicants to reform,
restructure, and upgrade all relevant programs and operations
within an individual school to fulfill the comprehensive
educational needs of all of a school's limited-English-
proficient students and their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $100,000 for the first year and up to $250,000 for each
of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section shall be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading in-
service training for all school staff and, if appropriate,
for community-based organization personnel.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by reviewing, restructuring, and
upgrading--
``(A) the school's instructional program for limited-
English-proficient students including curriculum,
instructional materials, and assessment systems, and, if
appropriate, the application of educational technology;
``(B) family education programs and activities; and
``(C) intensified instruction.
``(4) During the first year of the grant, a priority is
established in use of funds for preparatory activities
including planning, training, curriculum development, and
materials acquisition or development.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organizations or local or State educational agency.
``SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to improve, reform, and upgrade relevant
programs and operations with an entire local educational
agency to fulfill the comprehensive educational needs of all
the agency's limited-English-proficient students and, to the
extent feasible, their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $1,000,000 for the first year and up to $5,000,000 for
each of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section may be used during
the first 12 months exclusively for activities preparatory to
the delivery of services.
``(3) Grants approved under this section may be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading--
``(A) educational goals, curriculum guidelines and content,
standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and
assignment;
``(C) student grade-promotion and graduation requirements;
``(D) student assignment policies and practices;
``(E) program delivery standards, management information
and accountability systems;
``(F) instructional and extracurricular programs and
services; and
``(G) application of educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency.
``(d) Priority.--The Secretary shall give priority to
applications from--
``(1) applicants which enroll a large percentage or large
number of limited-English-proficient students; and
``(2) consortia of eligible applicants to serve limited-
English-proficient students in rural and linguistically
isolated settings.
``SEC. 7106. APPLICATIONS.
``(a) Submission.--To receive a grant under this part,
applicants shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require:
``(1) An application for a grant under this part shall be
developed in consultation with, and shall provide for the
continuing involvement of, an advisory council which shall be
composed of representatives responsible for implementing
grant activities and of parents and other relatives of the
children to be served in such programs; parents shall
comprise a majority of all council members.
``(2) All applicants for grants under this part, except for
those applicants identified in section 7005, shall submit a
copy of the application to the relevant State educational
agency. The State educational agency may submit to the
Secretary written comments on the application with respect to
how the applications further State education improvement
plans including any developed under Goals 2000: Educate
America Act (if such plans exist) or title I of this Act. If
the State educational agency of a State submits written
comments on any application, it must submit written comment
on all applications within that same grant category from
within that State. The Secretary shall take comments into
consideration when funding applications under this part.
``(b) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed program.
``(c) Contents.--(1) An application for a grant under this
part shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of
limited-English-proficiency in the school or district to be
served and their characteristics, such as language spoken,
dropout rates, proficiency in English and the native
language, academic standing in relation to their English
proficient peers, and, where applicable, the recency of
immigration.
``(B) A description of the program to be implemented and
how its design--
``(i) relates to the linguistic and academic needs of the
children and youth of limited-English-proficiency to be
served;
``(ii) is consistent with, and promotes the goals in, the
local educational agency plan under title III of the Goals
2000: Educate America Act, if such plan exists, and the local
educational agency's plan under title I of this Act,
particularly as those plans relate to the education of
children and youth of limited-English-proficiency;
``(iii) involves the parents of the children and youth of
limited-English-proficiency to be served;
``(iv) ensures accountability in the expected student
outcomes; and
``(v) promotes coordination of services for the children
and youth of limited-English-proficiency to be served and
their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher
education, community-based organizations, local or State
educational agencies, private schools, nonprofit
organizations, or businesses in carrying out the proposed
program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that it expends for bilingual
education or special alternative instruction programs if it
receives an award under this part.
``(E) A budget for grant funds.
``(2) An application for a grant under section 7102 or 7104
shall also contain a description of the instructional
program, student services, in-service training, and family
education programs to be provided under the grant.
``(3) An application for a grant under section 7103 shall
also contain the following:
``(A) A description of the existing bilingual education or
special alternative instruction program which the project is
designed to enhance.
``(B) A description of the proposed project activities.
``(4) An application for a grant under section 7105 shall
also contain a description of the activities which would be
carried out under the grant.
``(d) Approval of Applications.--An application for a grant
under this part may be approved only if the Secretary
determines that--
``(1) the program will use qualified personnel, including
those personnel who are proficient in the language or
languages used for instruction;
``(2) in designing the program for which application is
made, the needs of children in nonprofit private elementary
and secondary schools have been taken into account through
consultation with appropriate private school officials and,
consistent with the number of such children enrolled in such
schools in the area to be served whose educational needs are
of the type and whose language and grade levels are of a
similar type that the program is intended to address, after
consultation with appropriate private school officials,
provision has been made for the participation of such
children on a basis comparable to that provided for public
school children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited-English-
proficient students, and that limited-English-proficient
students who are disabled are identified and served in
accordance with the requirements of the Individuals with
Disabilities Education Act;
``(4) Federal funds made available for the project or
activity will be used so as to supplement the level of State
and local funds
[[Page 543]]
that, in the absence of such Federal funds, would have been
expended for special programs for children of limited-
English-proficient individuals and in no case to supplant
such State and local funds, except that nothing in this
paragraph shall preclude a local educational agency from
using funds under this title for activities carried out under
an order of a court of the United States or of any State
respecting services to be provided such children, or to carry
out a plan approved by the Secretary as adequate under title
VI of the Civil Rights Act of 1964 with respect to services
to be provided such children;
``(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to
provide a program on a regular basis, similar to that
proposed for assistance, which will be of sufficient size,
scope, and quality to promise significant improvement in the
education of students of limited-English-proficiency, and
that the applicant will have the resources and commitment to
continue the program when assistance under this title is
reduced or no longer available; and
``(6) the applicant provides for utilization of the State
and national dissemination sources for program design and in
dissemination of results and products.
``(e) Special Consideration and Priorities.--
``(1) Students may participate in any program receiving
funds under this part for the duration of the program.
``(2) The Secretary shall give priority to applications
which provide for the development of bilingual proficiency
for all participating students.
``(3) Grants for special alternative instructional programs
shall not exceed 25 percent of the funds provided for any
type of grant under any section or of total funds provided
under this part.
``(4) Notwithstanding paragraph (3), the Secretary may
award grants for special alternative instructional programs
if an applicant has demonstrated that they cannot develop and
implement a bilingual education program for the following
reasons:
``(A) Where the diversity of the limited-English-proficient
students' native languages and the small number of students
speaking each respective language makes bilingual education
impractical.
``(B) Where, despite documented convincing efforts, the
applicant has not been able to hire instructional personnel
who are able to communicate in the students' native language.
``(5) In approving applications under this part, the
Secretary shall give consideration to the degree to which the
program for which assistance is sought involves the
collaborative efforts of institutions of higher education,
community-based organizations, the appropriate local and
State educational agency, or business.
``(6) The Secretary shall ensure that projects funded under
this part address the full needs of school systems of all
sizes and geographical areas, including rural schools.
``(7) The Secretary shall give priority to applications
providing training for personnel participating in or
preparing to participate in the program which will assist
them in meeting State and local certification requirements
and that, to the extent possible, college or university
credit will be awarded for such training.
``SEC. 7107. INTENSIFIED INSTRUCTION.
``In carrying out this part, each grant recipient may
intensify instruction for limited-English-proficient students
by--
``(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities, during
times when school is not routinely in session.
``SEC. 7108. CAPACITY BUILDING.
``Each recipient of a grant under this part shall use its
grant in ways that will build its capacity to continue to
offer high-quality bilingual and special alternative
education programs and services to children and youth of
limited-English-proficiency once Federal assistance is
reduced or eliminated.
``SEC. 7109. SUBGRANTS.
``A local educational agency that receives a grant under
this part may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a non-profit organization, or a consortium
of such entities to carry out an approved program, including
a program to serve out-of-school youth.
``SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.
``To the extent possible, the Secretary shall award funds
under this part throughout the Nation in a manner that
reflects the geographic distribution of children and youth of
limited-English-proficiency.
``SEC. 7111. PROGRAMS IN PUERTO RICO.
``Programs authorized under this title in the Commonwealth
of Puerto Rico may, notwithstanding any other provision of
this title, include programs of instruction, teacher
training, curriculum development, evaluation, and testing
designed for children and youth of limited-Spanish
proficiency.
``SEC. 7112. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this part
shall provide the Secretary with an evaluation, in the form
prescribed by the Secretary, of its program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by
a grantee--
``(1) for program improvement;
``(2) to further define the local program's goals and
objectives; and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) student outcome indicators that measure progress
toward the performance standards set out in the State's plan,
either approved or being developed, under title III of the
Goals 2000: Educate America Act, or, if the State does not
have an approved plan under title III of the Goals 2000:
Educate America Act and is not developing such a plan, with
the State plan approved or being developed under section 1111
of this Act, including data comparing children and youth of
limited-English-proficiency with non-limited-English-
proficient children and youth with regard to school
retention, academic achievement, and gains in English (and,
where applicable, native language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management
and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements,
appropriateness of program management, appropriateness of the
program's staff professional development, and appropriateness
of the language of instruction;
``(3) program context indicators that describe the
relationship of the activities funded under the grant to the
overall school program and other Federal, State, or local
programs serving children and youth of limited-English-
proficiency; and
``(4) such other information as the Secretary may require.
``PART B--RESEARCH AND DISSEMINATION
``SEC. 7201. USE OF FUNDS.
``The Secretary is authorized to conduct data collection,
dissemination, research, and evaluation activities through
the Office of Bilingual Education and Minority Languages
Affairs for the purpose of improving bilingual education and
special alternative instruction programs for children and
youth of limited-English-proficiency.
``SEC. 7202. RESEARCH.
``(a) Research Activities.--The Secretary shall support
through competitive grants contracts and cooperative
agreements to institutions of higher education, nonprofit and
for-profit organizations, and local and State educational
agencies, funds for research with a practical application to
teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in improving the
education of limited-English-proficient students and their
families.
``(b) Authorized Activities.--
``(1) The Secretary may conduct research activities that
include--
``(A) identifying criteria for the establishment, use and
monitoring of local, State, or national education goals,
content, performance and delivery standards, and assessments
for all students that provide for appropriate, valid,
reliable, and fair participation by limited-English-
proficient and language-minority students;
``(B) identifying determinants of appropriate high quality
secondary school programs for limited-English-proficient
students, and high quality curriculum-related instructional
materials;
``(C) identifying determinants of appropriate high quality
early childhood development programs for limited-English-
proficient children, including families, and appropriate high
quality materials;
``(D) studies to identify models of effective program
coordination that support students while in transition to
English language classrooms that develop and maintain high
levels of proficiency in the native languages and English;
``(E) studies of effective curricula and instructional
strategies for the development and maintenance of high levels
of student proficiency in both their native language and
English, including the role of family, community, and career
contexts;
``(F) identification of strategies for effective
participation by limited-English-proficient parents in their
children's education for attainment of educational
excellence;
``(G) identifying methods of improving classification,
placement, and services to limited-English-proficient
students including, but not limited to their participation in
early childhood development programs, title I, special
education, foreign language education, and gifted and
talented education;
``(H) identification of methods for effective delivery of
bilingual education to rural schools and in the less-
commonly-taught languages using educational technology and
electronic communications networks;
``(I) identification of trends in demand for language
skills and of career opportunities for individuals with high
levels of proficiency in English and a second language; and
``(J) establishing through the National Center for
Education Statistics and in consultation with the Office of
Bilingual Education and Minority Languages Affairs, and
experts in bilingual education, second language acquisition
and English-as-a-second language, a common definition of
`limited-English-proficient student' for purposes of national
data collection.
[[Page 544]]
``(c) Field-Initiated Research.--The Secretary shall
reserve at least 5 percent of the funds available under this
section for field-initiated research by current or recent
recipients of grants under parts A or C of this title.
Research must be conducted by current grant recipients or by
former recipients who have received such grants within the
previous 5 years. Field-initiated research may provide for
longitudinal studies of students or teachers in bilingual
education, monitoring the education of such students from
entry in bilingual education through high school completion.
Applicants may submit an application for field-initiated
research at the same time as applications are submitted under
part A or part C. The Secretary shall complete a review of
such applications on a timely basis to allow research and
program grants to proceed in coordination where appropriate.
``(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchers and practitioners to identify
areas of study and activities to be funded under this
section.
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Bilingual
Education and Minority Language Affairs and the Office of
Educational Research and Improvement.
``(f) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited-English-proficient
students as part of the data systems operated by the
Department.
``SEC. 7203. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, State and
local educational agencies, nonprofit organizations, and
institutions of higher education to promote the adoption and
implementation of bilingual education, special alternative
instruction programs, and professional development programs
that demonstrate great promise of assisting children and
youth of limited-English-proficiency to meet challenging
State standards.
``(b) Applications.--(1) An entity desiring to receive an
award under this section shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
``(2) The Secretary shall use a peer review process, using
effectiveness criteria that the Secretary shall establish, to
review applications under this section.
``(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education
agencies to provide high quality academic programs for
children and youth of limited-English-proficiency, which may
include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section
shall coordinate their activities with those carried out by
comprehensive technical assistance centers under title II of
this Act.
``SEC. 7204. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that
demonstrates, to the satisfaction of the Secretary, that its
approved plan under title III of the Goals 2000: Educate
America Act, if such plan exists, or, if such plan does not
exist, its plan under title I of this Act, effectively
provides for the education of children and youth of limited-
English-proficiency within the State.
``(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not be less than $100,000
nor greater than 5 percent of the total amount awarded to
local educational agencies within the State under part A of
this title for the previous fiscal year.
``(c) Use of Funds.--(1) A State educational agency shall
use funds for programs authorized by this section to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's language-minority and
limited-English-proficient populations and the educational
programs and services available to these populations.
``(2) Exception.--States which do not, as of the date of
enactment of this Act, have in place a system for collecting
such data for all students in such State, are not required to
meet the requirement of this section as it pertains to the
educational programs and services available to limited-
English-proficient students. In the event such State develops
a system for collecting data on the educational programs and
services available to all students in the State, then such
State is required to comply with this requirement.
``(3) The State educational agency may also use funds for
the training of State educational agency personnel in
educational issues affecting limited-English-proficient
children and youth.
``(4) Recipients of awards under this section shall not
restrict the provision of services under this section to
federally-funded programs.
``(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals
or organizations involved in the development or operation of
programs serving limited-English-proficient children or youth
to ensure that funds are used in a manner consistent with the
requirements of this title.
``(e) Applications.--A State educational agency desiring to
receive an award under this section shall submit an
application to the Secretary in such form, at such time,
containing such information and assurances as the Secretary
may require.
``(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent
practical, to increase to level of funds that would, in the
absence of such funds, be made available by the State for the
purposes described in this section, and in no case to
supplant such funds.
``(g) Report to the Secretary.--State educational agencies
receiving grants under this section shall provide for the
annual submission of a summary report to the Secretary
containing information on such matters as the Secretary
shall, by regulation, determine necessary and proper to
achieve the purposes of this title, including information on
State capacity and progress in meeting the education needs of
all limited-English-proficient children, plans for additional
action, the effect of standards and assessments in improving
their education. Such reports shall be in such form and shall
be submitted on such date as the Secretary shall specify by
regulation.
``SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze,
synthesize, and disseminate information about bilingual
education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
ERIC system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and
systems; and
``(3) develop a data base management and monitoring system
for improving the operation and effectiveness of funded
programs.
``SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development,
publication and dissemination of high quality instructional
materials in Native American, Native Hawaiian and other
languages for which instructional materials are not readily
available. The Secretary shall give priority to the
development of instructional materials in languages
indigenous to the United States, its territories, and freely
associated nations. The Secretary shall also accord priority
to applications which provide for developing and evaluating
materials in collaboration with activities under parts A and
C of this title and which are consistent with national and
State content standards.
``SEC. 7207. EVALUATION ASSISTANCE CENTERS AND
MULTIFUNCTIONAL RESOURCE CENTERS.
``(a) Transition.--The Secretary shall extend grants or
contracts for Evaluation Assistance Centers and
Multifunctional Resource Centers that are in effect on the
date of enactment of the Improving America's School Act
through fiscal year 1996.
``(b) Continuity of Services.--(1) The Secretary shall
ensure that the comprehensive regional technical assistance
centers authorized under title II of this Act provide
services which are at least equal in volume, scope, and
quality to those provided by Evaluation Assistance Centers
and Multifunctional Resource Centers.
``(2) The Secretary shall ensure that the comprehensive
regional technical assistance centers authorized under title
II of this Act, as amended by the Improving America's School
Act, provide services which enable children and youth of
limited-English-proficiency to meet challenging State and
National standards.
``(3) The Secretary shall ensure that the comprehensive
technical assistance centers authorized under title II of
this Act are established with consideration given to the
geographic and linguistic distribution of children and youth
of limited-English-proficiency.
``(c) Gifts, Bequests, and Devises.--The entities may
accept (but not solicit), use, and dispose of gifts,
bequests, or devises of services or property, both real and
personal for the purpose of aiding or facilitating the work
of entities under this section. Gifts, bequests, or devises
of money and proceeds from sales of other property received
as gifts, bequests or devises shall be deposited in the
Treasury and shall be available for disbursement upon order
of the national clearinghouse on bilingual education, the
Evaluation and Assistance Center or Multifunctional Resource
Center, respectively.
``PART C--BILINGUAL EDUCATION TEACHER TRAINING
``SEC. 7301. PURPOSE.
``The purpose of this part is to assist in preparing
educators to improve the delivery
[[Page 545]]
of educational services to language-minority and limited-
English-proficient children and youth. This part supports the
training of all educational personnel to serve more
effectively limited-English-proficient students. The goal of
this part is to provide for the training of not less than
50,000 teachers who meet professional preparation and
certification standards for bilingual education teachers by
the year 2000.
``SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide
for the incorporation of courses and curricula on appropriate
and effective instructional and assessment methodologies,
strategies and resources specific to limited-English-
proficient and language-minority students into education
personnel preparation programs for teachers, counselors,
administrators and other education personnel.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education, local
educational agencies, and State educational agencies or to
nonprofit organizations which have entered into consortia
arrangements with one of such institutions, agencies, or
organizations.
``(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with training under titles I and II of this
Act, the Head Start Act, and other relevant programs.
``(d) Priority.--The Secretary shall give priority to
applications from institutions of higher education which
currently operate, with full-time tenured faculty, programs
to prepare educators and administrators to work with
language-minority and limited-English-proficient students in
bilingual education settings and from institutions of higher
education which are attempting to start bilingual teacher
training programs if such institutions demonstrate a
significant commitment in financial and human resources,
including cash and in-kind. The Secretary shall give special
consideration to applications for such programs which provide
training of secondary school teachers or early childhood
development teachers. Such special consideration would not
disallow the funding of applications for exemplary programs
for the training of elementary school teachers.
``SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PERSONNEL
GRANTS.
``(a) Purpose.--The purpose of this section is to provide
for degree programs to prepare new bilingual education
teachers, administrators, counselors, and other educational
personnel to meet high professional standards for bilingual
education teachers and to increase the availability of
educators to provide high quality education limited-English-
proficient students.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education in
consortia with local or State educational agencies.
``SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is to upgrade
the qualifications and skills of non-certified educational
personnel, especially educational paraprofessionals, to meet
high professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited-English-proficient
students, through collaborative training programs operated by
institutions of higher education and local and State
educational agencies. Grants for programs under this section
may also provide for collaborative programs operated by
institutions of higher education and secondary schools which
are designed to recruit and train secondary school students
as bilingual education teachers and other educational
personnel to serve limited-English-proficient students.
``(b) Authorization.--The Secretary shall award grants of
up to 5 years for bilingual education career ladder programs
to institutions of higher education applying in consortia
with local or State educational agencies; consortia may
include community-based organizations or professional
education organizations.
``(c) Activities.--Grants funded under this section may--
``(1) include the development of bilingual education career
ladder program curricula appropriate to the needs of the
consortium participants;
``(2) provide assistance for stipends and costs related to
tuition, fees and books for enrolling in courses required to
complete degree and certification requirements as bilingual
education teachers; and
``(3) include programs to introduce secondary school
students to careers in bilingual education teaching that are
coordinated with other activities under this program.
``(d) Special Consideration.--The Secretary shall give
special consideration to applications under this section
which provide for--
``(1) participant completion of baccalaureate and masters
degree teacher education programs, certification and may
include effective employment placement activities;
``(2) development of teacher proficiency in English and a
second language, including required demonstration of
proficiency in the instructional use of English and a second
language in classroom contexts;
``(3) coordination with Trio, the Teacher Corps, National
Community and Service Trust Act, Mini Corps, and other
programs for the recruitment and retention of bilingual
students in secondary and post-secondary programs to train as
bilingual educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM.
``(a) Authorization.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related to
instruction of children and youth of limited-English-
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation research
related to such study. For fiscal year 1994 not less than 500
fellowships leading to a masters or doctorate degree shall be
awarded under this section, rising each subsequent year of
this authorization by not less than 50. The Secretary shall
include information on the operation and the number of
fellowships awarded under the fellowship program in the
report required under section 7401 of this title.
``(b) Fellowship Requirements.--(1) Any person receiving a
fellowship under this section shall agree to--
``(A) work in an activity related to the program or in an
activity such as those authorized under this title, including
work as a bilingual education teacher, for a period of time
equivalent to the period of time during which such person
receives assistance under this title; or
``(B) repay such assistance.
``(2) The Secretary shall establish in regulations such
terms and conditions for such agreement as the Secretary
deems reasonable and necessary and may waive the requirement
of paragraph (1) in extraordinary circumstances.
``(c) The Secretary may give priority to institutions of
higher education that demonstrate experience in assisting
fellowship recipients find employment in the field of
bilingual education.
``SEC. 7306. APPLICATIONS.
``(a) In General.--Each applicant or consortium that
desires to receive a grant under this part shall submit an
application to the Secretary and the State educational agency
or State board for higher education as appropriate, at such
time and in such manner as the Secretary shall prescribe. The
application shall demonstrate integration, where appropriate,
with the State and local plans, if such plans exist, for
serving limited-English-proficient students. The State and
local educational agency, and where applicable the State
board for higher education, may comment in writing on the
application indicating how the application furthers State
education reform activities, including the provision of
appropriate high quality education to all language minority
students. If the State educational agency or State Board for
Higher Education submits comments on any application, it
shall submit comments on all. The Secretary shall take any
written comments that have been made into consideration when
considering applications under this part.
``(b) Eligible Entities.--
``(1) A grant may be made under this part upon application
of an institution of higher education, applying individually
or jointly with one or more local educational agencies,
nonprofit organizations, or State educational agencies.
``(2) The Secretary shall provide for outreach and
technical assistance to institutions of higher education
eligible under title III of the Higher Education Act and
institutions of higher education that are operated or funded
by the Bureau of Indian Affairs to facilitate their
participation in activities under this part.
``(3) In making grants under this part, the Secretary
shall, consistent with subsection (d), ensure adequate
representation of Hispanic serving institutions that
demonstrate competence and experience in the programs and
activities authorized under this title and are otherwise
qualified.
``(c) Application Requirements for Bilingual Teacher
Training Programs.--The application shall demonstrate
integration, where appropriate, with the State plan, if one
exists, for serving limited-English-proficient students.
``(d) Preference in Assistance and Purpose of Training.--
``(1) In making a grant under this part the Secretary shall
give preference to programs which--
``(A) include tenured faculty in bilingual education;
``(B) and for institutions of higher education which are
attempting to start bilingual teacher training programs if
such institutions demonstrate a significant commitment in
financial and human resources, including cash and in-kind;
and
``(C) provide additional resources for such training from
other sources.
``(2) In making grants under sections 7302, 7303 and 7304,
the Secretary shall give special consideration to programs
that ensure that individuals completing such programs
demonstrate proficiency in English and a second language.
``SEC. 7307. PROGRAM REQUIREMENTS.
``Activities conducted under this part shall assist
educational personnel in meeting State and local
certification requirements for bilingual education and,
wherever possible, shall award college or university credit.
``SEC. 7308. STIPENDS.
``The Secretary shall provide for the payment of such
stipends (including allowances
[[Page 546]]
for subsistence and other expenses for such persons and their
dependents), as the Secretary determines to be appropriate,
to persons participating in training programs under this
part.
``SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.
``Each recipient of funds under part C of this title shall
provide the Secretary with an evaluation of its program every
two years. Such evaluation shall include data on--
``(1) post-program placement of persons trained;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``PART D--ADMINISTRATION
``SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINORITY
LANGUAGE AFFAIRS.
``(a) Establishment.--There shall be, in the Department of
Education, an Office of Bilingual Education and Minority
Languages Affairs through which the Secretary shall carry out
functions relating to bilingual education.
``(b) Director.--(1) The Office shall be headed by a
Director of Bilingual Education and Minority Languages
Affairs, appointed by the Secretary, to whom the Secretary
shall delegate all delegable functions relating to bilingual
education. The Director shall also be assigned responsibility
for recommending improvements and providing technical
assistance to other Federal programs serving language-
minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the
Office of Educational Research and Improvement in identifying
research priorities which reflect the needs of language-
minority and limited-English language proficient students.
``(2) The Office shall be organized as the Director
determines to be appropriate in order to carry out such
functions and responsibilities effectively.
``(3) The Secretary shall ensure that limited-English-
proficient and language-minority students are included in
ways that are valid, reliable and fair under all standards
and assessment development conducted or funded by the
Department.
``(c) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to
Congress, the President, the Governors, and the clearinghouse
a report on--
``(1) the activities carried out under this title and their
effectiveness in improving the education provided to limited-
English-proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7204;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be needed
for the succeeding 5 fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity
of our Nation's schools to educate effectively limited-
English-proficient students.
``(d) Assessment of Gateway Education.--The Secretary shall
prepare a report on the education of all students who reside
near the United States border with Canada and Mexico or areas
or communities which serve as a gateway for immigrants to the
United States. Gateway communities shall include Hawaii, the
Commonwealth of Puerto Rico, as well as the territories and
freely associated nations. The report shall identify trends
in student and out-of-school youth immigration trends,
appropriate procedures for the international transfer of
records, the language proficiency of students living in
border and gateway areas, and opportunities for teacher
exchange. Such efforts shall be coordinated with other
ongoing efforts in this area. A preliminary report on these
issues shall be provided to the Congress not later than 2
years after the enactment of this Act. The final report
including policy proposals for improvements in these areas
shall be provided to Congress and the President not later
than October 21, 1997.
``(e) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational
needs of children and youth of limited-English proficiency,
the Secretary shall coordinate and ensure close cooperation
with other programs serving language-minority and limited-
English-proficient students that are administered by the
Department of Education and other agencies. The Secretary
shall consult with the Secretary of Labor, the Secretary of
Health and Human Services, the Secretary of Agriculture,
Attorney General and other relevant agencies to identify and
eliminate barriers to appropriate coordination of programs
that affect language-minority and limited-English-proficient
students and their families. The Secretary shall provide for
continuing consultation and collaboration between Office and
relevant programs operated by the Department, including title
I and other programs in this Act, in planning, contracts,
providing joint technical assistance, providing joint field
monitoring activities and in other relevant activities to
ensure effective program coordination to provide high quality
education opportunities to all language-minority and limited-
English-proficient students. In no case shall such
coordination at the local, State or Federal level permit
funds under this title to be used in programs that do not
provide bilingual education or special alternative
instructional programs for the instruction of language-
minority or limited-English-proficient students.
``(f) The Secretary shall, to the extent feasible, ensure
that all data collected shall include for the collection and
reporting of data on limited-English-proficient students in
all Departmental data keeping and with respect to all Federal
education programs.
``(g) Staffing Requirements.--The Secretary shall ensure
that the Office of Bilingual Education and Minority Language
Affairs is staffed with sufficient personnel trained or with
experience in bilingual education to discharge effectively
the provisions of this title.
``(1) Notwithstanding section 403 of the Department of
Education Organization Act, the Assistant Secretary may
appoint not more than 7 additional employees to serve as
staff without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service.
``(2) The employees appointed under paragraph (1) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the minimum rate of basic pay
payable for GS-15 of the General Schedule.
``(h) Reading Applications.--For the purpose of reading
applications for competitive grants authorized under this
title, the Secretary shall use persons who are not employees
of the Federal Government and who are experienced and
involved in bilingual education including teachers,
researchers, and administrators of educational programs
similar to those assisted under this title. Readers of
applications for grants involving conservation of Indian
languages and other indigenous language which are subject to
loss shall include individuals with expertise in such
programs. The Secretary shall solicit nominations for
application readers from State directors of bilingual
education, graduate programs of bilingual education, tribal
organizations and professional associations and shall have
readers serve for a period of 3 years.
``(i) Publication of Proposals.--The Secretary shall
publish and disseminate all requests for proposals for
programs funded under this title.
``SEC. 7402. RELEASE TIME.
``Professional development programs funded under this Act
shall permit use of funds for professional release time to
enable participation in programs assisted under this part.
``SEC. 7403. EDUCATION TECHNOLOGY.
``Funds available under this Act may be used to provide for
the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and
communications, and incorporation of such resources in
curricula and programs such as those funded under this title.
``SEC. 7404. NOTIFICATION.
``The State educational agency, when applicable, the State
Board for postsecondary education, when applicable, the
clearinghouse, the applicable Evaluation and Assistance
Center and Multifunctional Resource Center shall be notified
within three working days of the date a grant is made to an
eligible entity within the State.
``SEC. 7405. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants.
``SEC. 7406. LIMITATION OF AUTHORITY.
``The Secretary shall not impose restrictions on the
availability of funds authorized under this title other than
those set out in this title or other applicable Federal
statutes and regulations.
``PART E--TRANSITION
``SEC. 7501. TRANSITION PROVISIONS.
``Any grant or contract awarded under this title prior to
the date of the enactment of the Improving America's Schools
Act of 1994 shall be allowed to continue the term of the
original award in accordance with the conditions of the
original award but not for a period in excess of 3 years from
the date of the grant or contract.
``PART F--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7601. PURPOSE.
``The purpose of this part is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration to--
``(1) provide high-quality instruction to immigrant
children and youth; and
``(2) help such children and youth--
``(A) with their transition into American society; and
``(B) meet the same challenging State performance standards
expected of all children and youth.
``SEC. 7602. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may
reserve up to 1.5 percent of the amount allocated to it under
section 7604 to pay the costs of performing its
administrative functions under this part.
``SEC. 7603. WITHHOLDING.
``Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any
[[Page 547]]
State educational agency, finds that there is a failure to
meet the requirement of any provision of this part, the
Secretary shall notify that agency that further payments will
not be made to the agency under this part, or in the
discretion of the Secretary, that the State educational
agency shall not make further payments under this part to
specified local educational agencies whose actions cause or
are involved in such failure until the Secretary is satisfied
that there is no longer any such failure to comply. Until the
Secretary is so satisfied, no further payments shall be made
to the State educational agency under this part, or payments
by the State educational agency under this part shall be
limited to local educational agencies whose actions did not
cause or were not involved in the failure, as the case may
be.
``SEC. 7604. STATE ALLOCATIONS.
``(a) Payments.--The Secretary shall, in accordance with
the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 7601.
``(b) Allocations.--(1) Except as provided in subsections
(c) and (d) of this section, of the amount appropriated for
each fiscal year for this part, each State participating in
this program shall receive a share equal to the proportion of
its number of immigrant children and youth who are enrolled
in elementary and secondary public schools under the
jurisdiction of each local educational agency described in
paragraph (2) within that State, and in elementary and
secondary nonpublic schools within the district served by
each such local educational agency, relative to the total
number of immigrant children and youth so enrolled in all the
States participating in this program.
``(2) The local educational agencies referred to in
paragraph (1) are those local educational agencies in which
the sum of the number of immigrant children and youth who are
enrolled in elementary or secondary public schools under the
jurisdiction of such agencies, and in elementary or secondary
nonpublic schools within the districts served by such
agencies, during the fiscal year for which the payments are
to be made under this part, is equal to--
``(A) at least 500; or
``(B) at least 3 percent of the total number of students
enrolled in such public or nonpublic schools during such
fiscal year;
whichever number is less.
``(c) Determinations of Number of Children and Youth.--(1)
Determinations by the Secretary under this section for any
period with respect to the number of immigrant children and
youth shall be made on the basis of data or estimates
provided to the Secretary by each State educational agency in
accordance with criteria established by the Secretary, unless
the Secretary determines, after notice and opportunity for a
hearing to the affected State educational agency, that such
data or estimate are clearly erroneous.
``(2) No such determination with respect to the number of
immigrant children and youth shall operate because of an
underestimate or overestimate to deprive any State
educational agency of the allocation under this section that
such agency would otherwise have received had such
determination been made on the basis of accurate data.
``(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out
the purpose for which the payment was made, the Secretary
shall make such amount available for carrying out such
purpose to one or more other States to the extent the
Secretary determines that such other States will be able to
use such additional amount of carrying out such purpose. Any
amount made available to a State from any appropriation for a
fiscal year in accordance with the preceding sentence shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
``(e) Reservation of Funds.--(1) If appropriations under
this part exceed $50,000,000 for a fiscal year, a State
educational agency may reserve up to 20 percent of its
payment for redistribution through competitive grants to
local educational agencies within the State in the following
manner:
``(A) At least one-half of such grants shall be made to
local educational agencies within the State with the highest
numbers and percentages of immigrant children and youth.
``(B) Remaining funds may be distributed to local
educational agencies within the State with a sudden influx of
immigrant children and youth which are otherwise not eligible
for assistance under this part.
``(2) Local educational agencies with the highest number of
immigrant children and youth receiving additional funds under
this subsection may make information available on serving
immigrant children and youth to areas in the State with
sparse numbers of such children.
``SEC. 7605. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary at
such time, in such manner, and containing or accompanied by
such information, as the Secretary may reasonably require.
Each such application shall--
``(1) provide that the educational programs, services, and
activities for which payments under this part are made will
be administered by or under the supervision of the agency;
``(2) provide assurances that payments under this part will
be used for purposes set forth in sections 7601 and 7607,
including a description of how local educational agencies
receiving funds under this part will use such funds to meet
such purposes, and how the program designs are consistent
with other education improvement plans, including any
developed under Goals 2000: Educate America Act, if such plan
exists, or title I;
``(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of
such funds with programs funded under other parts of this
title or title I of this Act;
``(4) provide assurances that such payments, with the
exception of payments reserved under section 7604(e), will be
distributed among local educational agencies within that
State on the basis of the number of immigrant children and
youth counted with respect to each such local educational
agency under section 7604(b)(1);
``(5) provide assurances that the State educational agency
will not finally disapprove in whole or in part any
application for funds received under this part without first
affording the local educational agency submitting an
application for such funds reasonable notice and opportunity
for a hearing;
``(6) provide for making such reports as the Secretary may
reasonably require to perform the functions under this part;
``(7) provide assurances--
``(A) that to the extent consistent with the number of
immigrant children and youth enrolled in the elementary or
secondary nonpublic schools within the district served by a
local educational agency, such agency, after consultation
with appropriate officials of such schools, shall provide for
the benefit of these children and youth secular, neutral, and
nonideological services, materials, and equipment necessary
for the education of such children and youth;
``(B) that the control of funds provided under this part
and title to any materials, equipment, and property repaired,
remodeled, or constructed with those funds shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property; and
``(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public agency
or through contract by such public agency with a person,
association, agency, or corporation who or which, in the
provision of such services, is independent of such elementary
or secondary nonpublic school and of any religious
organization; and such employment or contract shall be under
the control and supervision of such public agency, and the
funds provided under this paragraph shall not be commingled
with State or local funds;
``(8) provide that funds reserved under subsection (e) of
section 7604 be awarded on the basis of merit and need
consistent with such subsection; and
``(9) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1121(b).
``(b) Application Review.--The Secretary shall review all
applications submitted pursuant to this section by State
educational agencies.
``(1) The Secretary shall approve any application submitted
by a State educational agency that meets the requirements of
this section.
``(2) The Secretary shall disapprove any application
submitted by a State educational agency which does not meet
the requirements of this section, but shall not finally
disapprove an application except after reasonable notice,
provision of technical assistance, and an opportunity for a
hearing to the State.
``SEC. 7606. PAYMENTS.
``(a) Amount.--The Secretary shall pay by not later than
June 1 of each year to each State educational agency that has
its application approved under section 7605 the amount of the
State's allocation as determined under section 7604.
``(b) Services to Children Enrolled in Nonpublic Schools.--
If by reason of any provision of law a local educational
agency is prohibited from providing educational services for
children enrolled in elementary and secondary nonpublic
schools, as required by section 7605(a)(6), or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children enrolled in
such schools, the Secretary may waive such requirement and
shall arrange for the provision of services to such children
through arrangements which shall be subject to the
requirements of this part. Such waivers shall be subject to
consultation, withholding, notice, and judicial review
requirements in accordance with the provisions of title I.
``SEC. 7607. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
``(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(2) salaries of personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
[[Page 548]]
``(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
``(4) identification and acquisition of curricular
materials, educational software, and technologies to be used
in the program; and
``(5) such other activities, related to the purposes of
this part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives
a grant under this part may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and non-profit organizations to carry out
the approved program.
``(c) Subgrants.--A local educational agency that receives
a grant under this part may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-of-
school youth.
``SEC. 7608. REPORTS.
``(a) Biennial Report.--Each State educational agency
receiving funds under this part shall submit, once every 2
years, a report to the Secretary concerning the expenditure
of funds by local educational agencies under this part. Each
local educational agency receiving funds under this part
shall submit to the State educational agency such information
as may be necessary for such report.
``(b) Report to Congress.--The Secretary shall submit, once
every 2 years, a report to the appropriate committees of the
Congress concerning programs under this part.
``SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out the provisions of this
part, there are authorized to be appropriated $75,000,000 in
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``TITLE VIII--IMPACT AID
``SEC. 8001. FINDINGS.
``The Congress finds that--
``(1) certain activities of the Federal Government place a
financial burden on the local educational agencies serving
areas where such activities are carried out; and
``(2) it is the shared responsibility of the Federal
Government, the States, and local educational agencies to
provide for the education of children connected to those
activities.
``SEC. 8002. PURPOSE.
``In order to fulfill the Federal responsibility to assist
with the provision of educational services to federally
connected children, and to help them meet challenging State
standards, it is the purpose of this title to provide
financial assistance to local educational agencies that--
``(1) experience a substantial and continuing financial
burden due to the acquisition of real property by the United
States;
``(2) educate children who reside on Federal property and
whose parents are employed on Federal property;
``(3) educate children of parents who are in the military
services and children who live in low-rent housing;
``(4) experience sudden and substantial increases in
enrollments because of military realignments; or
``(5) need special assistance with capital expenditures for
construction activities because of the enrollments of
substantial numbers of children who reside on Indian lands or
who are defined in sections 2 and 3 of the Act of September
23, 1950 (Public Law 815, 81st Congress; 20 U.S.C. 631 et
seq.).
``SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL
PROPERTY.
``(a) In General.--Where the Secretary, after consultation
with any local educational agency and with the appropriate
State educational agency, determines for a fiscal year ending
prior to October 1, 1999--
``(1) that the United States owns Federal property in the
local educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of all real property in the local educational
agency (similarly determined as of the time or times when
such Federal property was so acquired); and
``(2) that such agency is not being substantially
compensated for the loss in revenue resulting from such
ownership by increases in revenue accruing to the agency from
the conduct of Federal activities with respect to such
Federal property,
then such agency shall be paid the amount described in
subsection (b).
``(b) Amount.--
``(1) In general.--(A) The amount that a local educational
agency shall be paid under subsection (a) for a fiscal year
shall be calculated in accordance with paragraph (2), except
that such amount shall be reduced by the Secretary by an
amount equal to the amount of revenue, if any, that such
agency received from activities conducted on such property
during the previous fiscal year.
``(B) If funds appropriated under section 8013(a) are
insufficient to pay the amount determined under subparagraph
(A), the Secretary shall ratably reduce the payment to each
eligible local educational agency.
``(C) Notwithstanding any other provision of this
subsection, a local educational agency may not be paid an
amount under this section which exceeds the difference of--
``(i) the maximum amount that such agency is eligible to
receive for such fiscal year under section 8004(b)(1)(C); and
``(ii) the amount that such agency receives in such fiscal
year under section 8004(b)(2).
``(2) Application of current levied real property tax
rate.--In calculating the amount that a local educational
agency shall be paid for a fiscal year, the Secretary shall
apply the current levied real property tax rate for current
expenditures levied by fiscally independent local educational
agencies or imputed, for fiscally dependent local educational
agencies, to the current annually determined aggregate
assessed value of such acquired Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property
shall be determined (on the basis of the highest and best use
of property adjacent to such acquired Federal property as of
the time such value is determined), and provided to the
Secretary, by the local official responsible for assessing
the value of real property located in the jurisdiction of
such local educational agency for the purpose of levying a
property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For
the purposes of this section, any real property with respect
to which payments are being made under section 13 of the
Tennessee Valley Authority Act of 1933 shall not be regarded
as Federal property.
``(d) Ownership by United States.--The United States shall
be deemed to own Federal property for the purposes of this
Act, where--
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity,
and the United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which it was conveyed;
``(C) requires the grantee of the property to report to the
Federal government (or its agent) containing information on
the use of the property;
``(D) except with the approval of the Federal government
(or its agent), prohibits the sale, lease, assignment, or
other disposal of the property unless such sale, lease,
assignment, or other disposal is to another eligible
government agency; and
``(E) reserves to the Federal government a right of
reversion at any time the Federal government (or its agent)
deems it necessary for the national defense.
``(e) School District Containing Forest Service Land and
Serving Certain Counties.--Beginning with fiscal year 1995, a
school district shall be deemed to meet the requirements of
subsection (a)(1)(C) if such school district meets the
following requirements:
``(1) The school district contains between 50,000 and
55,000 acres of land that has been acquired by the Forest
Service of the Department of Agriculture between 1915 and
1990, as demonstrated by written evidence from the Forest
Service satisfactory to the Secretary.
``(2) The school district serves a county chartered by
State law in 1875.
``SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED
CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount
that a local educational agency is eligible to receive under
subsection (b), (d), or (f) for any fiscal year, the
Secretary shall determine the number of children who were in
average daily attendance in the schools of such agency, and
for whom such agency provided free public education, during
the preceding school year and who, while in attendance at
such schools--
``(A) resided on Federal property with a parent employed on
Federal property situated in whole or in part within the
boundaries of the school district of such agency;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D) had a parent on active duty in the uniformed services
(as defined by section 101 of title 37, United States Code)
but did not reside on Federal property; or
``(E) resided in low-rent housing.
``(2) Determination of weighted student units.--For
purposes of computing the basic support payment under
subsection (b), the Secretary shall calculate the total
number of weighted student units for a local educational
agency by adding together the results obtained by the
following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of
1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children which
exceeds 100,000.
[[Page 549]]
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of
.20.
``(b) Basic Support Payments and Payments With Respect to
Fiscal Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated under
section 8013(b) for a fiscal year, the Secretary is
authorized to make basic support payments to eligible local
educational agencies with children described under subsection
(a).
``(B) Eligibility.--A local educational agency shall be
entitled to receive a basic support payment under
subparagraph (A) for a fiscal year with respect to a number
of children determined under subsection (a) only if the
number of children so determined with respect to such agency
amounts to the lesser of--
``(i) at least 400 such children, or
``(ii) a number of such children which equals at least 3
percent of the total number of children who were in average
daily attendance, during such year, at the schools of such
agency and for whom such agency provided free public
education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this
subsection for any fiscal year is the sum of the total
weighted student units, as computed under subsection (a)(2),
multiplied by--
``(i) the greater of--
``(I) one-half of the average per pupil expenditure of the
State in which the local educational agency is located for
the 3rd preceding fiscal year, or
``(II) one-half of the average per pupil expenditure of all
of the States for the 3rd preceding fiscal year;
``(ii) the comparable local contribution rate certified by
the State, as determined under regulations prescribed to
carry out the Act of September 30, 1950 (Public Law 874, 81st
Congress), as in effect on January 1, 1994; or
``(iii) the average per pupil expenditure of the State in
which the local educational agency is located, multiplied by
the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8013(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments based upon
the provisions of this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary
shall compute a learning opportunity threshold payment
(hereinafter `threshold payment') by multiplying the amount
obtained under paragraph (1)(C) by the total percentage
obtained by adding--
``(I) the percentage of federally connected children for
each local educational agency determined by calculating the
fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under this paragraph
represent of the total budget of the local educational
agency, determined by calculating the fraction, the numerator
of which is the total amount of funds calculated for each
educational agency under this paragraph (not including
amounts received under subsection (f)), and the denominator
of which is the total current expenditures for such agency.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--All calculations under this section
shall be based upon data for each local educational agency
from the fiscal year preceding the fiscal year for which the
agency is making application for payment.
``(d) Use of Funds for Children With Disabilities.--
``(1) In general.--From the amount appropriated under
section 8013(c) for a fiscal year, the Secretary shall pay to
each eligible local educational agency, on a pro rata basis,
the amounts determined by--
``(A) multiplying the number of children described in
subparagraphs (B) and (C) of subsection (a)(1) who are
eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a
factor of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of .5.
``(2) Use of funds.--A local educational agency that
receives funds under paragraph (1) shall use such funds to
provide a free appropriate public education to children
described in paragraph (1) in accordance with the Individuals
with Disabilities Education Act.
``(e) Hold-Harmless Amounts.--
``(1) In general.--Notwithstanding any other provision of
this section, the total amount that the Secretary shall pay
to a local educational agency under subsections (b) and (f)--
``(A) for fiscal year 1995, shall not be less than 80
percent of the payment such agency received for fiscal year
1994 under section 3(a) of the Act of September 30, 1950
(Public Law 81-874, 81st Congress), as in effect for fiscal
year 1994;
``(B) for fiscal year 1996, shall not be less than 60
percent of such payment received for fiscal year 1994; and
``(C) for fiscal year 1997, shall not be less than 40
percent of such payment received for fiscal year 1994.
``(2) Reduction in payments.--In order to make payments to
local educational agencies in accordance with paragraph (1),
the Secretary shall reduce payments to other local
educational agencies determined under subsection (b).
``(f) Additional Assistance for Heavily Impacted Local
Educational Agencies.--
``(1) In general.--From amounts appropriated under section
8013(d) for a fiscal year, the Secretary shall provide
additional assistance to meet special circumstances relating
to the provision of education in local educational agencies
eligible to receive assistance under this section.
``(2) Eligibility.--A local educational agency shall be
eligible to receive additional assistance under this
subsection only if such agency--
``(A)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 40
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State;
``(B)(i) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(ii) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the
State; or
``(C) is a local education agency whose boundaries are the
same as a Federal military installation or includes Federal
property under exclusive Federal jurisdiction.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maximum amount that a local
educational agency may receive under this subsection in
accordance with the following computations:
``(i) The Secretary shall first determine the greater of--
``(I) the average per pupil expenditure of the State in
which the local educational agency is located or the average
per pupil expenditure of all the States;
``(II) the average per pupil expenditure of generally
comparable school districts located in the State of the local
educational agency, as defined by the Secretary in
regulations; or
``(III) the average per pupil expenditure of three
generally comparable school districts located in the State of
the local educational agency, as defined by the Secretary in
regulations.
``(ii) The Secretary shall next subtract from the amount
determined under clause (i) the average amount of State aid
per pupil received by the local educational agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the sum of the total weighted
units of the local educational agency, as computed under
subsection (a)(2).
``(iv) If the tax rate of the local educational agency is
greater than 94 percent, but less than 100 percent, of the
tax rate of comparable school districts, the Secretary shall
next multiply the amount determined under clause (iii) by the
percentage that the tax rate of the local educational agency
is of--
``(I) the average tax rate of its generally comparable
school districts; or
``(II) the average tax rate of all the school districts in
the State in which the local educational agency is located.
``(v) The Secretary shall next subtract the total amount of
payments received by a local educational agency under
subsections (b) and (d) for a fiscal year from the amount
determined under clause (iii) or clause (iv), as the case may
be.
``(B) Special rule.--With respect to payments to local
educational agencies described in subparagraphs (B) and (C)
of paragraph (2), the maximum amount of such payments shall
be equal to the product of the average per pupil expenditure
of all the States multiplied by .7, except that such amount
may not exceed 125 percent of the average per pupil
expenditure of all local educational agencies in the State.
``(4) Current year data.--The Secretary shall, for purposes
of providing assistance under this subsection, use--
``(A) data from the fiscal year in which the local
educational agency is applying for assistance under this
subsection; or
``(B) the most recent data available which is adjusted to
such fiscal year.
``(5) Reduction in payments.--If funds appropriated to
carry out this subsection are insufficient to pay in full the
amounts determined under paragraph (3), the Secretary shall
ratably reduce the payment to each eligible local educational
agency.
[[Page 550]]
``SEC. 8005. POLICIES AND PROCEDURES RELATING TO CHILDREN
RESIDING ON INDIAN LANDS.
``(a) In General.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall establish policies
and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other
children;
``(2) parents of such children and Indian tribes are
afforded an opportunity to present their views on such
programs and activities, including an opportunity to make
recommendations on the needs of those children and how they
may help those children realize the benefits of those
programs and activities;
``(3) parents and Indian tribes are consulted and involved
in planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans
are disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity
to present their views on the agency's general educational
program to such agency.
``(b) Records.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 shall maintain records
demonstrating its compliance with requirements contained in
subsection (a).
``(c) Waiver.--A local educational agency that claims
children residing on Indian lands for the purpose of
receiving funds under section 8004 is excused from the
requirements contained in subsections (a) and (b) for any
year with respect to any Indian tribe from which it has
received a written statement that the agency need not comply
with those subsections because the tribe is satisfied with
the provision of educational services by such agency to such
children.
``(d) Technical Assistance and Enforcement.--The Secretary
shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable them to carry
out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines
to be appropriate, after affording the affected local
educational agency, parents, and Indian tribe an opportunity
to present their views.
``SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS 8003 AND
8004.
``(a) In General.--A local educational agency desiring to
receive a payment under section 8003 or 8004 shall--
``(1) submit an application for such payment to the
Secretary; and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted
in such form and manner, and shall contain such information,
as the Secretary may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such
payment; and
``(2) where applicable, an assurance that such agency is in
compliance with section 8005 (relating to children residing
on Indian lands).
``(c) Deadline for Submission.--The Secretary shall
establish deadlines for the submission of applications under
this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an
application submitted under this section that--
``(A) is filed by the deadline established under subsection
(c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed up to 60 days after a deadline established
under subsection (c) that otherwise meets the requirements of
this title, except that, notwithstanding section 8004(e), the
Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise
be paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after
a deadline established under subsection (c).
``SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible
for a payment under this section if--
``(1) the number of children in average daily attendance
during the current school year is at least ten percent or 100
more than the number of children in average daily attendance
in the preceding school year; and
``(2) the number of children in average daily attendance
with a parent on active duty (as defined in section 101(18)
of title 37, United States Code) in the Armed Forces who are
in attendance at such agency because of the assignment of
their parent to a new duty station between July 1 and
September 30, inclusive, of the current year, as certified by
an appropriate local official of the Department of Defense,
is at least ten percent or 100 more than the number of
children in average daily attendance in the preceding school
year.
``(b) Application.--A local educational agency that wishes
to receive a payment under this section shall file an
application with the Secretary by October 15 of the current
school year, in such manner and containing such information
as the Secretary may prescribe, including information
demonstrating that it is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local
educational agency that applies for a payment under this
section, the Secretary shall determine the lesser of--
``(1) the increase in the number of children in average
daily attendance from the preceding year; and
``(2) the number of children described in subsection
(a)(2).
``(d) Payments.--From the amount appropriated for a fiscal
year under section 8013(c), the Secretary shall pay each
local educational agency with an approved application an
amount, not to exceed $200 per eligible child, equal to--
``(1) the amount available to carry out this section,
including any funds carried over from prior years, divided by
the number of children determined under subsection (c) for
all such local educational agencies; multiplied by
``(2) the number of such children determined for that local
educational agency.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall endeavor to
establish, with the Secretary of Defense, a notification
process relating to the closure of Department of Defense
facilities, or the adjustment of personnel levels assigned to
such facilities, which may substantially affect the student
enrollment levels of local educational agencies which receive
or may receive payments under this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for
any fiscal year under section 8013(e), the Secretary may
continue to provide assistance for school facilities that
were supported by the Secretary under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress; 20
U.S.C. 640) as in effect prior to the date of the enactment
of the Improving America's Schools Act of 1994.
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as
practicable, transfer to the appropriate local educational
agency or another appropriate entity all the right, title,
and interest of the United States in and to each facility
provided under section 10 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 640), or under
section 204 or 310 of the Act of September 30, 1950 (Public
Law 874, 81st Congress), as in effect on January 1, 1958.
``(2) Other requirements.--Any such transfer shall be
without charge to such agency or entity, and prior to such
transfer, the transfer must be consented to by the local
education agency or other appropriate entity, and may be made
on such terms and conditions as the Secretary deems
appropriate to carry out the purposes of this Act.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING
STATE AID.
``(a) General Prohibition.--Except as provided in
subsection (b), a State may not--
``(1) consider payments under this title or under the Act
of September 30, 1950 (Public Law 874, 81st Congress) in
determining for any fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies
in a manner that results in less State aid to any local
educational agency that is eligible for such payment than it
would receive if it were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under sections
8003 and 8004(b) (except the amount calculated in excess of
1.0 under subparagraph (B) of subsection (a)(2)) or under the
Act of September 30, 1950 (Public Law 874, 81st Congress) as
such Act existed prior to the enactment of the Improving
America's Schools Act of 1994 (other than an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D), or
(3)(B)(ii) of section 3(d) of such Act of September 30, 1950)
for any fiscal year if the Secretary determines, and
certifies under subsection (c)(3)(A), that such State has in
effect a program of State aid that equalizes expenditures for
free public education among local educational agencies in
such State.
``(2) Computation.--
``(A) In general.--(i) For purposes of paragraph (1), a
program of State aid equalizes expenditures among local
educational agencies if, in the second preceding fiscal year,
the amount of per-pupil expenditures made by, or per-pupil
revenues available to, the local educational agency in the
State with the highest such per-pupil expenditures or
revenues did not exceed the amount of such per-pupil
expenditures made by, or per-pupil revenues available to, the
local educational agency in the State with the lowest such
expenditures or revenues by more than 10 percent.
``(ii) If a program of State aid uses a `weighted-pupil',
`classroom', `instructional unit', or other designated unit
of need in determining allocations of State aid in order to
take account of special cost differentials, the computation
of per-pupil revenue or current
[[Page 551]]
expenditures may be made on the basis of any such unit of
need.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-pupil
expenditures or revenues above the 95th percentile or below
the 5th percentile of such expenditures or revenues in the
State; and
``(ii) take into account the extent to which a program of
State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated, or
to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised
its program of State aid, the Secretary may certify such
program for any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the 10 percent
disparity standard described in paragraph (2) in that fiscal
year; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's
program met such standard for that year (or that it met such
standard with a greater percentage of disparity than
anticipated), the State will pay to each affected local
educational agency the amount by which it reduced State aid
to the local educational agency on the basis of such
certification, or a proportionate share thereof, as the case
may be.
``(c) Procedures For Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State
aid to local educational agencies shall submit to the
Secretary, not later than 120 days before the beginning of
the State's fiscal year, a written notice of its intention to
do so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of its intention to consider such
payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall
afford the State, and local educational agencies in the
State, an opportunity to present their views.
``(3) Qualification procedures.--If the Secretary
determines that a program of State aid qualifies under
subsection (b), the Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency
adversely affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Reductions of State Aid.--
``(1) In general.--A State whose program of State aid has
been certified by the Secretary under subsection (c)(3) may
reduce the amount of such aid provided to a local educational
agency that receives a payment under section 8003 and section
8004(b) by any amount up to--
``(A) the amount of such payment (excluding amounts
provided under subsections (d) and (f) of section 8004 and
the amount calculated in excess of 1.0 under section
8004(a)(2)); multiplied by
``(B) 100 percent minus the percentage of disparity
determined under subsection (b).
``(2) Prohibition.--A State may not make a reduction
described in paragraph (1) before its program of State aid
has been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, without exhausting administrative
remedies, bring an action in a United States district court
against any State that violates subsection (a) or subsection
(d)(2) or fails to carry out an assurance provided under
subsection (b)(3)(B).
``(2) Immunity.--A State shall not be immune under the
eleventh amendment to the Constitution of the United States
from an action described in paragraph (1).
``(3) Relief.--The court shall grant such relief as it
determines is appropriate, which may include attorney's fees
to a prevailing local educational agency.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts--The Secretary shall
round any payments under this title to the nearest whole
dollar amount.
``(b) Other Agencies.--Each Federal agency administering
Federal property on which children reside, and each agency
principally responsible for an activity that may occasion
assistance under this title, shall, to the maximum extent
practicable, comply with requests of the Secretary for
information the Secretary may require to carry out this
title.
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency
and a State that is adversely affected by any action of the
Secretary under this title shall be entitled to a hearing on
such action in the same manner as if such agency were a
person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an
agency proceeding under subsection (a) may, within 60 days
after receiving notice of such decision, file with the United
States court of appeals for the circuit in which such agency
or State is located a petition for review of that action. The
clerk of the court shall promptly transmit a copy of the
petition to the Secretary. The Secretary shall then file in
the court the record of the proceedings on which the
Secretary's action was based, as provided in section 2112 of
title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand
the case to the Secretary to take further evidence. The
Secretary may thereupon make new or modified findings of fact
and may modify the Secretary's previous action, and shall
file in the court the record of the further proceedings. Such
new or modified findings of fact shall likewise be conclusive
if supported by substantial evidence.
``(3) Review.--The court shall have exclusive jurisdiction
to affirm the action of the Secretary or to set it aside, in
whole or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of
title 28, United States Code.
``SEC. 8012. DEFINITIONS.
``For purposes of this title, the following definitions
apply:
``(1) Armed forces.--The term `Armed Forces' means the
Army, Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average
per-pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Federal property.--
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the United
States from another entity;
``(ii)(I) held in trust by the United States for individual
Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes subject
to restrictions on alienation imposed by the United States;
``(III) conveyed at any time under the Alaska Native Claims
Settlement Act (Public Law 92-203, 43 U.S.C. 1601 et seq.) to
a Native individual, Native group, or Village or Regional
corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual Indians
or Indian tribes; or
``(V) used for low-rent housing, as otherwise described in
this paragraph, that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on land
that met one of those descriptions immediately before its use
for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C.
11411); or
``(iv) owned by a foreign government or by an international
organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing
flight training to members of the Air Force under contract
with the Air Force at an airport owned by a State or
political subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to
taxation by a State or a political subdivision of a State--
``(i) any non-Federal easement, lease, license, permit, or
other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale or
transfer to a non-Federal party, was owned by the United
States and
[[Page 552]]
otherwise qualified as Federal property described in this
paragraph, but only for one year beyond the end of the fiscal
year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for
free public education.--Notwithstanding any other provision
of this paragraph, `Federal property' does not include any
property on which children reside that is otherwise described
in this paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free public
education of children who reside on that Federal property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Certain property located in state of oklahoma owned
by indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used for
low-income housing (including housing assisted under the
mutual help ownership opportunity program under section 202
of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property under
section 403(1)(A) of the Act of September 30, 1950 (Public
Law 874, 81st Congress).
``(5) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond grade
12.
``(6) Indian lands.--The term `Indian lands' means any
Federal property described in paragraph (4)(A)(ii) or (4)(F).
``(7) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to
and verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for
Hawaii and for the District of Columbia shall be the local
contribution percentage computed for the Nation as a whole.
``(8) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates and
maintains facilities for providing free public education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for the
purpose of receiving assistance under this title or the Act
of September 30, 1950 (Public Law 874, 81st Congress) or
increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for legitimate
educational purposes.
``(9) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described paragraph
(4)(A)(iii).
``(10) Revenue derived from local sources.--The term
`revenue derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for its use;
or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as it was collected as a local revenue source.
``(11) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--
For the purpose of making payments under section 8003, there
are authorized to be appropriated $16,750,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(b) Basic Payments.--For the purpose of making payments
under section 8004(a), there are authorized to be
appropriated $775,500,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Payments for Children With Disabilities.--For the
purpose of making payments under section 8004(d), there are
authorized to be appropriated $45,000,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(d) Payments for Heavily Impacted Local Educational
Agencies.--
``(1) In general.--For the purpose of making payments under
section 8004(f), there are authorized to be appropriated
$42,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under paragraph (1) are
authorized to remain available until expended.
``(e) Payments for Increases in Military Children.--For the
purpose of making payments under section 8007, there are
authorized to be appropriated $2,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``(f) Facilities Maintenance.--For the purpose of making
payments under section 8008, there are authorized to be
appropriated $2,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``TITLE IX--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 9101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this
Act, the following terms have the following meanings:
``(1)(A) Except as provided otherwise by State law or this
paragraph, the term `average daily attendance' means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that
provide State aid to local educational agencies on the basis
of average daily membership or such other data.
``(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free public
education of the child in a school located in another school
district, the Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment
to a private school or to a public school of another local
educational agency for a child with disabilities, as defined
in section 602(a)(1) of the Individuals with Disabilities
Education Act, the Secretary shall, for the purposes of this
Act, consider such child to be in attendance at a school of
the agency making such payment.
``(2) The term `average per-pupil expenditure' means, in
the case of a State or of the United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the third
preceding fiscal year (or, if satisfactory data for that year
are not available, during the most recent preceding fiscal
year for which satisfactory data are available) of all local
educational agencies in the State or, in the case of the
United States for all States (which, for the purpose of this
paragraph, means the 50 States and the District of Columbia);
plus
``(ii) any direct current expenditures by the State for
operation of such agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public
education during such preceding year.
``(3) The term `child' means any person within the age
limits for which the applicable State provides free public
education.
``(4) The term `community-based organization' means a
private nonprofit organization that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) The term `consolidated State application' means an
application submitted by a State educational agency pursuant
to section 9302 of this Act.
``(6) The term `county' means one of those divisions of a
State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(7) The term `covered program' means each of the programs
authorized by--
``(A) part A of title I of this Act;
``(B) part C of title I of this Act;
``(C) part A of title II of this Act; and
``(D) part A of title IV of this Act except section 4104.
``(8) The term `current expenditures' means expenditures
for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of plant,
fixed charges, and net expenditures to cover deficits for
food services and student body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made
from funds
[[Page 553]]
received under title I and part A of title II of this Act.
``(9) The term `Department' means the Department of
Education.
``(10) The term `educational service agency' means regional
public multiservice agencies authorized by State statute to
develop, manage, and provide services and programs to local
educational agencies.
``(11) The term `elementary school' means a nonprofit
institutional day or residential school that provides
elementary education, as determined under State law.
``(12) The term `free public education' means education
that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(13) The term `institution of higher education' has the
meaning given that term in section 1201(a) of the Higher
Education Act of 1965.
``(14)(A) The term `local educational agency' means a
public board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary or secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or for such combination of school districts or counties as
are recognized in a State as an administrative agency for its
public elementary or secondary schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
``(15) The term `mentoring' means a program in which an
adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and exposing the child or youth to new
experiences that enhance the child or youth's ability to
excel in school and become a responsible citizen.
``(16) The term `other staff' means pupil services
personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(17) The term `outlying area' means the Virgin Islands,
Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and Palau (until the effective date of the
Compact of Free Association with the Government of Palau).
``(18) The term `parent' includes a legal guardian or other
person standing in loco parentis.
``(19) The terms `pupil-services personnel' and `pupil
services' mean, respectively--
``(A) school counselors, school social workers, school
psychologists, and other qualified professional personnel
involved in providing assessment, diagnosis, counseling,
educational, therapeutic, and other necessary services as
part of a comprehensive program to meet student needs; and
``(B) the services provided by such individuals.
``(20) The term `secondary school' means a nonprofit
institutional day or residential school that provides
secondary education, as determined under State law, except
that it does not include any education beyond grade 12.
``(21) The term `Secretary' means the Secretary of
Education.
``(22) The term `State' means each of the 50 States, the
District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(23) The term `State educational agency' means the agency
primarily responsible for the State supervision of public
elementary and secondary schools.
``SEC. 9102. APPLICABILITY OF THIS TITLE.
``Parts B through F of this title do not apply to title
VIII of this Act.
``SEC. 9103. REFERENCES IN OTHER ACTS.
``References to section 1471 of this Act, as it existed
prior to the enactment of the Improving America's Schools Act
of 1994, shall be deemed to refer to this section.
``SEC. 9104. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS
OPERATED SCHOOLS.
``For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian
Affairs, a school operated under a contract or grant with the
Bureau of Indian Affairs in consortia with another contract
or grant school or tribal or community organization, or a
Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school
and tribal or community organization shall be given the same
consideration as a local educational agency. Such consortia
shall apply through the Bureau of Indian Affairs which shall
apply to the Department of Education on their behalf.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--(1) A State
educational agency may consolidate the amounts specifically
made available to it for State administration under one or
more of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the majority of
such agency's resources come from non-Federal sources.
``(2) This section applies to title I of this Act and the
covered programs specified in sections 9101(7)(C) and (D).
``(b) Use of Funds.--(1) A State educational agency shall
use the amount available under this section for the
administration of the programs included in the consolidation
under subsection (a).
``(2) A State educational agency may also use funds
available under this section for administrative activities
designed to enhance the effective and coordinated use of
funds under such programs, such as--
``(A) the coordination of programs specified in subsection
(a)(2) with other Federal and non-Federal programs;
``(B) the establishment and operation of peer- review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
program, to account for costs relating to the administration
of programs included in the consolidation under subsection
(a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under
this section and take such steps as the Secretary finds
appropriate to ensure the effectiveness of such
administration.
``(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to it under
this section for administration, it may use such funds during
the applicable period of availability as funds available
under one or more programs included in the consolidation
under subsection (a).
``SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency shall, in its applications or State plans
under this Act, describe how it will eliminate duplication in
the conduct of administrative functions.
``SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval
of its State educational agency, may consolidate and use for
the administration of one or more covered programs for any
fiscal year not more than the percentage, established in each
covered program, of the total amount available to that local
educational agency under those covered programs.
``(b) State Procedures.--Within one year from the date of
enactment of the Improving America's Schools Act of 1994, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a
consolidated basis.
``(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
``(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use these consolidated funds for the
administration of covered programs and for the purposes
described in section 9201(b)(2).
``(e) Records.--A local educational agency that
consolidates administrative funds under this section shall
not be required to keep separate records, by individual
covered program, to account for costs relating to the
administration of covered programs included in the
consolidation.
``SEC. 9204. ADMINISTRATIVE FUNDS STUDY.
``(a) Study.--(1) The Secretary shall conduct a study of
the use of funds under this Act for the administration, by
State and local educational agencies, of covered programs,
including the percentage of grant funds used for such purpose
in covered programs.
``(2) Based on the results of such study, the Secretary
shall develop a definition of what types of activities
constitute the administration of programs under this Act by
State and local educational agencies.
``(3) Based on the results of such study, the Secretary may
publish regulations or guidelines regarding the use of funds
for administration under those programs, including the use of
such funds on a consolidated basis and limitations on the
amount of such funds that may be used for administration
where such limitation is not otherwise specified in law.
``(b) Report.--The Secretary shall submit to the President
and the appropriate committees of the Congress a report
regarding the study conducted under this section within 30
days of its completion.
``SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE
INTERIOR FUNDS.
``(a) General Authority.--(1) The Secretary shall transfer
to the Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs under
part A of title VI of this Act, and the education for
homeless children and
[[Page 554]]
youth program under subtitle B of title VII of the Stewart B.
McKinney Homeless Assistance Act, the amounts allotted to the
Department of the Interior under those programs.
``(2)(A) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those funds under terms that the
Secretary determines best meet the purposes of those
programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken
to achieve the National Education Goals, and performance
measures to assess program effectiveness, including
measurable goals and objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may
use up to 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
``SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its
State educational agency, a local educational agency that
determines for any fiscal year that funds under a covered
program other than part A of title I of this Act are not
needed for the purpose of that covered program may use such
funds, not to exceed five percent of the total amount of its
funds under that covered program, for the purpose of another
covered program.
``(b) Coordination of Services.--A local educational
agency, individual school, or consortium of schools may use a
total of up to 5 percent of the funds it receives under this
Act for the establishment and implementation of a coordinated
services project consistent with the requirements of title X
of this Act.''.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL
APPLICATIONS
``SEC. 9301. PURPOSE.
``It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
``SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICATION.
``(a) General Authority.--(1) In order to simplify
application requirements and reduce burden for State
educational agencies under this Act, the Secretary shall, in
accordance with subsection (b), establish procedures and
criteria under which a State educational agency may submit a
consolidated State application meeting the requirements of
this section for each of the covered programs in which the
State participates.
``(2) A State educational agency may also include in its
consolidated application--
``(A) the Even Start program under part B of title I of
this Act;
``(B) the education of neglected and delinquent youth
program under part D of title I of this Act;
``(C) part A of title II of the Carl D. Perkins Vocational
and Applied Technology Education Act;
``(D) Goals 2000: Educate America Act;
``(E) School-to-Work Opportunities Act; and
``(F) such other programs as the Secretary may designate.
``(3) A State educational agency that submits a
consolidated State application under this section shall not
be required to submit separate State plans or applications
under
any of the programs to which its consolidated application
under this section applies.
``(b) Collaboration.--(1) In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local educational
agencies, public and private nonprofit agencies,
organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
``(2) Through the collaboration process described in
subsection (b), the Secretary shall establish, for each
program under the Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State application.
``(3) The Secretary shall require only descriptions,
information, assurances, and other materials that are
absolutely necessary for the consideration of the State
application.
``SEC. 9303. GENERAL APPLICABILITY OF STATE EDUCATIONAL
AGENCY ASSURANCES.
``(a) Assurances.--A State educational agency that submits
a State plan or application under this Act, whether
separately or under section 9302, shall have on file with the
Secretary a single set of assurances, applicable to each
program for which a plan or application is submitted, that
provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the
statute authorizing the program provides for assistance to
such entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation; and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in
the administration of such programs;
``(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under
each such program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the application was submitted to the
Secretary, the State has afforded a reasonable opportunity
for public comment on the application and has considered such
comment.
``(b) GEPA Provision.--Section 440 of the General Education
Provisions Act does not apply to programs under this Act.
``SEC. 9304. CONSOLIDATED LOCAL APPLICATIONS.
``(a) General Authority.--A local educational agency
receiving funds under more than one covered program may
submit applications to the State educational agency under
such programs on a consolidated basis.
``(b) Required Consolidated Applications.--A State
educational agency that has submitted and had approved a
consolidated State application under section 9302 may require
local educational agencies in the State receiving funds under
more than one program included in the consolidated State
application to submit consolidated local applications under
such programs.
``(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the
consolidated applications under this section.
``(d) The State educational agency shall require only
descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the
application of the local educational agency.
``SEC. 9305. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State
educational agency that submits an application under this
Act, whether separately or pursuant to section 9304, shall
have on file with the State educational agency a single set
of assurances, applicable to each program for which an
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds
will be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the statute
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or
evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency or the Secretary or other Federal
officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant
under each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency and the
Secretary as may be necessary to enable such agency and the
Secretary to perform their duties under each such program;
and
``(B) maintain such records, provide such information, and
afford access to the records as the State educational agency
or the Secretary may find necessary to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable oppor-
[[Page 555]]
tunity for public comment on the application and has
considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) General.--Except as provided in subsection (c), the
Secretary may waive any requirement of this Act or any
regulation under this Act for a State educational agency,
local educational agency, Indian tribe, or school, or that--
``(1) receives funds under a program authorized by this
Act; and
``(2) requests a waiver as prescribed in subsection (b).
``(b) Request for Waiver.--(1) A State educational agency,
local educational agency, or Indian tribe which desires a
waiver shall submit a request to the Secretary that--
``(A) identifies the Federal programs affected by such
requested waiver;
``(B) describes which Federal requirements are to be waived
and how the waiving of such requirements will--
``(i) increase the quality of instruction to students; or
``(ii) improve the academic performance of students;
``(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving of such
requirements will assist the local educational agencies or
Indian tribes and schools to achieve the objectives described
in this paragraph;
``(D) describes specific, measurable educational
improvement goals and expected outcomes for all affected
students;
``(E) describes the methods to be used to measure progress
in meeting such goals and outcomes; and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs for
which waivers are requested.
``(2) Such requests under this section--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools.
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of such
agencies and schools) to State educational agencies; and
``(II) by State educational agencies (on behalf of, and
based upon the requests of, local educational agencies) to
the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated by
such tribes) to the Secretary.
``(c) Notice Requirement.--(1) Prior to requesting a waiver
under subsection (b), a State educational agency, local
educational agency, or Indian tribe shall provide notice and
information to the public regarding the waiver or waivers to
be requested.
``(2) Such notice and information shall be provided in the
manner that such agencies or tribes customarily provide
similar notices and information to the public.
``(d) Restrictions.--Nothing in this section shall be
construed to authorize any changes in--
``(1) requirements relating to--
``(A) the allocation of funds;
``(B) maintenance of effort;
``(C) comparability of services;
``(D) use of Federal funds to supplement, not supplant non-
Federal funds;
``(E) equitable participation of private school students
and teachers; and
``(F) parental participation and involvement;
``(2) the elements of a charter school described in section
3407(1); or
``(3) the prohibitions regarding--
``(A) State aid in section 9502; or
``(B) use of funds for religious worship or instruction in
section 9507.
``(e) Duration and Extension of Waiver.--(1) The duration
of a waiver approved by the Secretary may be for a period not
to exceed 3 years.
``(2) The Secretary may extend such period if the Secretary
determines that the use of such waiver has increased the
quality of instruction or the academic performance of
students.
``(f) Termination of Waivers.--The Secretary shall
terminate a waiver under this section if--
``(1) the Secretary determines that the use of a waiver has
not increased the quality of instruction or improved the
academic performance of students; or
``(2) such waiver is no longer needed by the recipient to
achieve the objectives of such waiver.
``(g) Reports.--
``(1) A local educational agency that receives a waiver
under this section shall annually submit a report to the
State educational agency that--
``(A) describes the uses of such waiver by such agency or
by schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers are requested; and
``(C) evaluates the progress of such agency and of schools
in improving the quality of instruction or the academic
performance of students.
``(2) A State educational agency that receives reports
required by paragraph (1) shall annually submit a report to
the Secretary that summarizes such reports.
``(3) An Indian tribe that receives a waiver under this
section shall annually submit a report to the Secretary
that--
``(A) describes the uses of such waiver by schools operated
by such tribe; and
``(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance of
students.
``(4) The Secretary annually shall submit to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate a
report--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to students; or
``(ii) improved the academic performance of students.
``PART E--UNIFORM PROVISIONS
``SEC. 9501. MAINTENANCE OF EFFORT.
``(a) General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined
fiscal effort per student or the aggregate expenditures of
that agency and the State with respect to the provision of
free public education by that agency for the preceding fiscal
year was not less than 90 percent of such combined fiscal
effort or aggregate expenditures for the second preceding
fiscal year.
``(b) Reduction in Case of Failure To Meet.--(1) The State
educational agency shall reduce the amount of the allocation
of funds under a covered program in any fiscal year in the
exact proportion to which a local educational agency fails to
meet the requirement of subsection (a) by falling below 90
percent of both the combined fiscal effort per student and
aggregate expenditures (using the measure most favorable to
such local agency).
``(2) No such lesser amount shall be used for computing the
effort required under subsection (a) for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver
would be equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of
the local educational agency.
``SEC. 9502. PROHIBITION REGARDING STATE AID.
``No State may take into consideration payments under this
Act (other than under title VIII) in determining the
eligibility of any local educational agency in that State for
State aid, or the amount of State aid, with respect to free
public education of children.
``SEC. 9503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND
TEACHERS.
``(a) General Requirement.--(1) Except as otherwise
provided in this Act, to the extent consistent with the
number of eligible children in a State educational agency,
local educational agency, or intermediate educational agency
or consortium receiving financial assistance under a program
specified in subsection (b), who are enrolled in private
elementary and secondary schools in such agency or
consortium, such agency or consortium shall, after timely and
meaningful consultation with appropriate private school
officials, provide such children and their teachers or other
educational personnel, on an equitable basis, special
educational services or other benefits under such program.
``(2) Educational services or other benefits, including
materials and equipment, provided under this section, must be
secular, neutral, and nonideological.
``(3) Educational services and other benefits provided
under this section for such private school children,
teachers, and other educational personnel shall be equitable
in comparison to services and other benefits for public
school children, teachers, and other educational personnel
participating in such program.
``(4) Expenditures for educational services and other
benefits provided under this section to eligible private
school children, their teachers, and other educational
personnel serving them shall be equal, taking into account
the number and educational needs of the children to be
served, to the expenditures for participating public school
children.
``(5) Such agency or consortium may provide such services
directly or through contracts with public and private
agencies, organizations, and institutions.
``(b) Applicability.--(1) This section applies to--
``(A) each covered program;
``(B) subpart 1 of part B and part C of title II; and
``(C) programs under title VII of this Act.
``(2) For the purposes of this section, the term `eligible
children' mean children eligible for services under a program
described in paragraph (1).
``(c) Public Control of Funds.--(1) The control of funds
used to provide services under this section, and title to
materials, equipment, and property purchased with these
funds, shall be in a public agency for the uses and purposes
provided in this Act, and a public agency shall administer
such funds and property.
``(2)(A) The provision of services under this section shall
be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such pri-
[[Page 556]]
vate school and of any religious organization, and such
employment or contract shall be under the control and
supervision of such public agency.
``(C) Funds used to provide services under this section
shall not be commingled with non-Federal funds.
``SEC. 9504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State, local, or
intermediate educational agency or consortium is prohibited
from providing for the participation in programs of children
enrolled in, or teachers or other educational personnel from,
private elementary and secondary schools, on an equitable
basis, or if the Secretary determines that such agency or
consortium has substantially failed or is unwilling to
provide for such participation, as required by section 9503,
the Secretary shall--
``(1) waive the requirements of that section for such
agency or consortium; and
``(2) arrange for the provision of equitable services to
such children, teachers, or other educational personnel
through arrangements that shall be subject to the
requirements of this section and of sections 9503, 9505, and
9506.
``SEC. 9505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE
SCHOOL CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall
develop and implement written procedures for receiving,
investigating, and resolving complaints from parents,
teachers, or other individuals and organizations concerning
violations by an agency or consortium of section 9503 of this
Act. Such individual or organization shall submit such
complaint to the State educational agency for a written
resolution by such agency within a reasonable period of time.
``(b) Appeals to the Secretary.--Such resolution may be
appealed by an interested party to the Secretary within 30
days after the State educational agency resolves the
complaint or fails to resolve the complaint within a
reasonable period of time. Such appeal shall be accompanied
by a copy of the State educational agency's resolution, and a
complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal
within 120 days after receipt of the appeal.
``SEC. 9506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--(1)(A) The Secretary shall not take any
final action under section 9504 until the agency or
consortium affected by such action has had an opportunity,
for at least 45 days after receiving written notice thereof,
to submit written objections and to appear before the
Secretary to show cause why that action should not be taken.
``(B) Pending final resolution of any investigation or
complaint that could result in a determination under this
section, the Secretary may withhold from the allocation of
the affected State or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
those services.
``(2)(A) If such affected agency or consortium is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), it may, within 60 days after
notice of such action, file with the United States court of
appeals for the circuit in which such State is located a
petition for review of that action.
``(B) A copy of the petition shall be forthwith transmitted
by the clerk of the court to the Secretary.
``(C) The Secretary thereupon shall file in the court the
record of the proceedings on which the Secretary based this
action, as provided in section 2112 of title 28, United
States Code.
``(3)(A) The findings of fact by the Secretary, if
supported by substantial evidence, shall be conclusive, but
the court, for good cause shown, may remand the case to the
Secretary to take further evidence and the Secretary may
thereupon make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings.
``(B) Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
``(4)(A) Upon the filing of such petition, the court shall
have jurisdiction to affirm the action of the Secretary or to
set it aside, in whole or in part.
``(B) The judgment of the court shall be subject to review
by the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(b) Determination.--Any determination by the Secretary
under this section shall continue in effect until the
Secretary determines, in consultation with such agency or
consortium and representatives of the affected private school
children, teachers, or other educational personnel that there
will no longer be any failure or inability on the part of
such agency or consortium to meet the applicable requirements
of section 9503 or any other provision of this Act.
``(c) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations
under this Act.
``(d) Prior Determination.--Any by-pass determination by
the Secretary under this Act as in effect on the day before
enactment of the Improving America's Schools Act of 1994
shall remain in effect to the extent the Secretary determines
that it is consistent with the purpose of this section.
``SEC. 9507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP
OR INSTRUCTION.
``Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
``SEC. 9508. APPLICABILITY TO HOME SCHOOLS.
``Nothing in this Act shall be construed to affect home
schools.
``SEC. 9509. GENERAL PROVISION REGARDING NONRECIPIENT
NONPUBLIC SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect
of any private, religious, or home school, whether or not a
home school is treated as a private school or home school
under state law. This section shall not be construed to bar
private, religious, or home schools from participation in
programs or services under the Act.
``SEC. 9510. COMPLIANCE WITH BUY AMERICAN ACT.
``No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the `Buy American Act').
``SEC. 9511. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
``(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment of products that may be authorized
to be purchased with financial assistance provided under this
Act, it is the sense of the Congress that entities receiving
such assistance should, in expending the assistance, purchase
only American-made equipment and products.
``(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.
``SEC. 9512. PROHIBITION OF CONTRACTS.
``If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a `Made in America' inscription, or any inscription with the
same meaning, to any product sold in or shipped to the United
States that is not made in the United States, such person
shall be ineligible to receive any contract or subcontract
made with funds provided pursuant to this Act, pursuant to
the debarment, suspension, and ineligibility procedures
described in section 9.400 through 9.409 of title 48, Code of
Federal Regulations.
``SEC. 9513. PROHIBITION AGAINST FUNDS FOR PROTECTED PRAYER.
``Notwithstanding any provision of law, no funds made
available through the Department of Education under this Act,
or any other Act, shall be available to any State or local
educational agency which has a policy of denying or which
effectively prevents participation in, constitutionally
protected prayer in public schools by individuals on a
voluntary basis. Neither the United States nor any State nor
any local educational agency shall require any person to
participate in prayer or influence the form or content of any
constitutionally protected prayer in such public schools.
``SEC. 9514. SEX EDUCATION.
``(a) Sex Education Instruction.--All public elementary and
secondary schools receiving assistance under this Act which
use such funds to teach sex education or discuss sexual
intercourse, sexually transmitted diseases (STDs), including
acquired immune deficiency syndrome (AIDS), shall
continuously stress throughout the sex education program and
sexual intercourse discussion that abstinence from sexual
intercourse is the only protection that is 100 percent
effective against unwanted teenage pregnancy, STDs, and AIDS
when transmitted sexually. All material and instruction which
use such funds to teach sex education and discuss sexual
intercourse shall be age appropriate.
``(b) Criteria.--All sex education courses that discuss
sexual intercourse may use the following criteria:
``(1) Course material and instruction shall be age
appropriate.
``(2) Course material and instruction shall stress that
abstinence is the only contraceptive method which is 100
percent effective, and that all other methods of
contraception carry a risk of failure in preventing unwanted
teenage pregnancy. Statistics based on the latest medical
information shall be provided to pupils citing the laboratory
and real-life failure and success rates of condoms and other
contraceptives in preventing pregnancy.
``(3) Course material and instruction shall stress that
STDs are serious possible hazards of sexual intercourse.
Pupils shall be provided with statistics based on the latest
medical information citing the laboratory and real-life
failure and success rates of condoms in preventing AIDS and
other STDs among elementary and secondary pupils.
``(4) Course material and instruction shall include a
discussion of the possible emotional and psychological
consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of
unwanted adolescent pregnancy.
``(5) Course material and instruction shall stress that
pupils should abstain from sexual intercourse until they are
ready for marriage.
[[Page 557]]
``(6) Course material and instruction shall teach honor and
respect for monogamous heterosexual marriage.
``(7) Course material and instruction shall advise pupils
of the laws pertaining to their financial responsibility to
children born in and out of wedlock.
``(8) Course material and instruction shall advise pupils
that it is unlawful for males of any age to have sexual
relations with females under a certain age to whom they are
not married.
``(9) Course material and instruction shall emphasize that
the pupil has the power to control personal behavior. Pupils
shall be encouraged to base their actions on reasoning, self-
discipline, sense of responsibility, self-control, and
ethical considerations, such as respect for one's self and
others.
``(10) Course material and instruction shall teach pupils
to refrain from making unwanted physical and verbal sexual
advances and how to say `no' to unwanted sexual advances.
Pupils shall be taught that it is wrong to take advantage of,
or to exploit, another person. The material and instruction
shall also encourage youth to resist negative peer pressure.
``(c) No Federal Control of Curriculum.--Nothing in this
section shall be construed--
``(1) to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or schools' instructional content
curriculum, or related activities;
``(2) to limit the application of the General Education
Provisions Act;
``(3) to require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) to create any legally enforceable right.
``(d) Rule of Construction.--In carrying out the provisions
of this section, the Secretary shall not--
``(1) review any curricula or instructional materials;
``(2) promulgate regulations; or
``(3) take any administrative or legal action against a
State or local educational agency or school.
``SEC. 9515. PROHIBITION AGAINST FUNDS FOR HOMOSEXUAL
SUPPORT.
``(a) Prohibition.--No local educational agency shall use
funds made available under this Act to implement or carry out
a program or activity that has either the purpose or effect
of encouraging or supporting homosexuality as a positive
lifestyle alternative. No local educational agency shall use
funds under this Act to distribute or to aid in the
distribution by any organization of obscene material to
minors on school grounds.
``(b) Definition.--A program or activity, for purposes of
this section, includes the distribution of instructional
materials, instruction, counseling, or other services on
school grounds, or referral of a pupil to an organization
that affirms a homosexual lifestyle.
``(c) No Federal Control of Curriculum.--Nothing in this
section shall be construed--
``(1) to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) to limit the application of the General Education
Provisions Act;
``(3) to require the distribution of scientifically or
medically false or inaccurate materials or to prohibit the
distribution of scientifically or medically true or accurate
materials; or
``(4) to create any legally enforceable right.
``(d) Rule of Construction.--In carrying out the provisions
of this section, the Secretary shall not--
``(1) review any curricula or instructional materials;
``(2) promulgate regulations; or
``(3) take any administrative or legal action against a
State or local educational agency or school.
``SEC. 9516. NONSMOKING POLICY.
``(a) General Rule.--Each person who receives Federal funds
under this Act and provides services to elementary or
secondary school students pursuant to this Act shall, in
providing such services, establish and make a good-faith
effort to enforce a nonsmoking policy that, except as
provided in subsection (b)--
``(1) prohibits smoking in each indoor portion of a
facility used in connection with the provision of such
services; and
``(2) where appropriate, requires that signs be posted to
communicate the nonsmoking policy.
``(b) Permissible Features.--(1) The nonsmoking policy
described in subsection (a) may permit smoking in specially
designated areas of a facility if--
``(A) services are not normally provided directly to
children in the designated areas; and
``(B) the designated areas are ventilated separately from
areas of the facility in which such services are normally
provided directly to children to ensure that air from the
designated areas is directly exhausted to the outside and
does not recirculate or drift to other areas within the
facility.
``(2) Nothing in this subsection shall be construed to
require the establishment of a designated smoking area.
``(c) Civil Penalties.--
``(1) Any person subject to the requirements of this
section who fails to comply with such requirements shall be
liable to the United States for a civil penalty in an amount
not to exceed $1,000 for each violation, but in no case shall
the amount be in excess of the amount of the Federal funds
received by the person for the provision of elementary and
secondary educational services for the fiscal year in which
the violation occurred. Each day a violation continues shall
constitute a separate violation.
``(2) A civil penalty for a violation of this section shall
be assessed by the Secretary to the person by an order made
on the record after opportunity for a hearing in accordance
with section 554 of title 5, United States Code. Before
issuing the order, the Secretary shall--
``(A) give written notice to the person to be assessed a
civil penalty under the order of the proposal to issue the
order; and
``(B) provide the person an opportunity to request, not
later than 15 days after the date of receipt of the notice, a
hearing on the order.
``(3) In determining the amount of a civil penalty under
this subsection, the Secretary shall take into account the
nature, circumstances, extent, and gravity of the violation,
the ability of the violator to pay, any prior history of the
same kind of violation, the degree of culpability of the
violator, a demonstration by the violator of willingness to
comply with the requirements of this section, and such other
matters as justice may require.
``(4) The Secretary may compromise, modify, or remit, with
or without conditions, any civil penalty that may be imposed
under this subsection. The amount of the penalty as finally
determined or agreed upon in compromise may be deducted from
any sums that the United States owes to the person against
whom the penalty is assessed.
``(5) A person who has requested a hearing concerning the
assessment of a penalty pursuant to paragraph (2) and is
aggrieved by an order assessing a civil penalty may file a
petition for judicial review of the order with the United
States Court of Appeals for the District of Columbia Circuit
or for any other circuit in which the person resides or
transacts business. The petition may only be filed during the
30-day period beginning on the date of issuance of the order
making the assessment.
``(6) If a person fails to pay an assessment of a civil
penalty--
``(A) after the order making the assessment has become a
final order and without filing a petition for judicial review
in accordance with paragraph (5); or
``(B) after a court has entered a final judgment in favor
of the Secretary,
the Attorney General shall recover the amount assessed (plus
interest at currently prevailing rates from the last day of
the 30-day period referred to in paragraph (5) or the date of
the final judgment, as the case may be) in an action brought
in an appropriate district court of the United States. In the
action, the validity, amount, and appropriateness of the
penalty shall not be subject to review.
``(d) Effective Date.--
``(1) In general.-- This section shall take effect on the
date which is 180 days after the date of enactment of the
Improving America's Schools Act of 1994, except as provided
in paragraph (2).
``(2) Collective bargaining agreements.--
``(A) In the case of a person described in subsection (a)
who employs individuals who are members of a labor
organization and provide elementary or secondary educational
services pursuant to a collective bargaining agreement that--
``(i) took effect before the date of enactment of the
Improving America's Schools Act of 1994, and
``(ii) includes provisions relating to smoking privileges
that are in violation of this section;
this section shall take effect on the date that is 180 days
after the date of enactment of the Improving America's
Schools Act of 1994 or the date specified in subparagraph
(B), whichever is later.
``(B) The date specified in this subparagraph is the
earlier of--
``(i) the first expiration date (after the date of
enactment of the Improving America's Schools Act of 1994) of
the collective bargaining agreement containing the provisions
relating to smoking privileges, or
``(ii) the date that is 1 year after the date of enactment
of the Improving America's Schools Act of 1994.
``(e) Preemption.--Nothing in this section shall preempt or
otherwise affect any provision of law of a State or political
subdivision of a State that is as restrictive or more
restrictive than a provision of this section.
``PART F--GUN POSSESSION
``SEC. 9601. POLICY FOR GUN POSSESSION.
``(a) In General.--Each local educational agency which
receives assistance under this Act shall have a policy that
addresses student possession and use of a gun on school
property.
``(b) Policy Content.--The content of such policy may
include--
``(1) punishment requirements for possession and use of a
gun on school property, including expulsion and suspension;
``(2) alternative placement for an individual who violates
the policy;
``(3) educational services for a student expelled from
school for violation of the policy; and
``(4) opportunities for a hearing to address expulsion or
suspension decisions for violation of the policy.
[[Page 558]]
``SEC. 9602. ETHICAL PRINCIPLES.
``It is the sense of Congress that States, local
educational agencies, and schools should encourage and
support parents and families in teaching children certain
ethical principles. Such principles may include
trustworthiness, respect, responsibility, fairness, caring
and citizenship.
``PART G-CUSTODIAL SERVICES.
``SEC. 9701. COMPENSATION OF CUSTODIANS.
``Notwithstanding any other provisions of law, a local
educational agency which contains five counties in their
entirety and has a student population which exceeds 900,000
may not use any assistance under this Act to provide
compensation or other financial benefits to personnel who
provide janitorial or custodial services to and within
schools.
``PART H--SENSE OF THE CONGRESS TO INCREASE THE TOTAL SHARE OF FEDERAL
SPENDING ON EDUCATION
``(a) The Congress finds that--
``(1) in order to increase our Nation's standard of living
and to increase the number of good jobs, the United States
must increase its productivity and ability to compete in the
international marketplace by improving the educational level
of our workforce;
``(2) although efforts are being made to establish higher
educational standards and goals, there is a substantial
shortage of resources to meet such standards and goals;
``(3) States and local communities are finding it
increasingly difficult to meet even higher educational
standards and goals, and States will not be able to fund
needed changes without Federal help to reach such standards
and goals;
``(4) the Federal Government has established many
educational programs but failed to provide adequate funding
for such programs, for example one such program provides
education to our Nation's disabled students and was
established with a promise of 40 percent Federal funding but
currently receives only 8 percent Federal funding;
``(5) the annual shortfall in Federal education programs is
approximately half of the promised funding;
``(6) many needed educational improvements will not need
Federal funds, however, other suggested changes such as
lengthened school years, better pay, after-school activities,
mentoring for students at risk, programs for gifted students,
and replacing substandard buildings will require substantial
Federal assistance; and
``(7) the Federal contribution to education is less than 2
percent of the total Federal budget, and in order to make
education a national priority, the total percentage of
Federal educational funding should be increased by 1 percent
each year over the next 8 years to reach 10 percent of the
total Federal budget.
``(b) It is the sense of the Congress that the total share
of the Federal spending on education should increase by at
least 1 percent each year until such share reaches 10 percent
of the total Federal budget.
``TITLE X--COORDINATED SERVICES PROJECTS
``SEC. 10001. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress makes the following findings:
``(1) Growing numbers of children are negatively affected
by influences outside of the classroom which increase their
risk of academic failure.
``(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of child
care and substance abuse adversely affect family
relationships and the ability of a child to learn.
``(3) Parents and other caregivers in today's high pressure
society often face demands which place restraints on their
time and affect their ability to adequately provide for the
needs of their families.
``(4) Access to health and social service programs can
address the basic physical and emotional needs of children so
that they can fully participate in the learning experiences
offered them in school.
``(5) Services for at-risk students need to be more
convenient, less fragmented, regulated and duplicative in
order to meet the needs of children and their families.
``(6) School personnel, parents, and support service
providers often lack knowledge of, and access to, available
services for at-risk students and their families in the
community, and have few resources to coordinate services and
make them accessible.
``(7) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice
workers and others, are often trained in separate disciplines
that provide little support for the coordination of services.
``(8) Coordination of services is more cost effective
because it substitutes prevention for expensive crisis
intervention.
``(9) Coordinating health and social services with
education can help the Nation meet the National Education
Goals by ensuring better outcomes for children.
``(b) Purpose of Coordinating Services.--The purpose of
this section is to provide elementary and secondary school
students and their families better access to the social,
health and education services necessary for students to
succeed in school and for their families to take an active
role in ensuring that children receive the best possible
education.
``SEC. 10002. DEFINITIONS.
``(a) The term `coordinated services project' refers to a
comprehensive approach to meeting the educational, health,
social service, and other needs of children and their
families, including foster children and their foster
families, through a communitywide partnership that links
public and private agencies providing such services or access
to such services through a coordination site at or near a
school.
``(b) An `eligible entity' is a local educational agency,
individual school, or consortium of schools.
``SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTATION.
``(a) Project Plans.--Eligible entities exercising their
authority under section 9206(b) shall submit to the Secretary
an application for the development of a plan or a plan for
the implementation of a coordinated services project.
``(b) Project Development.--The application for the
development of the coordinated services project, which can
last for up to one year, shall--
``(1) demonstrate that an assessment will be performed of
the economic, social, and health barriers to educational
achievement experienced by children and families, including
foster children and their foster families, in the community,
and the local, State, federal, and privately funded services
available to meet such needs;
``(2) identify the measures that will be taken to establish
a communitywide partnership that links public and private
agencies providing services to children and families; and
``(3) identify any other measures that will be taken to
develop a comprehensive plan for the implementation of a
coordinated services project or projects.
``(c) Project Implementation.--Eligible entities shall
submit to the Secretary a plan for the implementation or
expansion of a coordinated services project. Such plan shall
include--
``(1) the results of a children and families needs
assessment, which will include an assessment of the needs of
foster children;
``(2) the membership of the coordinated services project
partnership;
``(3) a description of the proposed coordinated services
project, its objectives, where it will be located, and the
staff that will be used to carry out the purposes of the
project;
``(4) a description of how the success of the coordinated
services project will be evaluated;
``(5) a description of the training to be provided to
teachers and appropriate personnel;
``(6) information regarding whether or not a sliding scale
fee for services will be employed, and if not, an explanation
of why such scale is not feasible; and
``(7) when applicable, strategies to ensure that the health
and welfare needs from migratory families are addressed.
``SEC. 10004. USES OF FUNDS.
``(a) Funds utilized under the authority of section 9206(b)
may be used for activities under this title which include--
``(1) hiring a services coordinator;
``(2) making minor renovations to existing buildings;
``(3) purchasing basic operating equipment;
``(4) improving communications and information-sharing
between members of the coordinated services project
partnership;
``(5) providing training to teachers and appropriate
personnel concerning their role in a coordinated services
project; and
``(6) conducting the needs assessment required in section
10003(b)(1);
but shall not include the direct provision of any health or
health-related services.
``(b) Projects operating under the authority of this title
shall comply with the requirements of section 1121(b).
``SEC. 10005. CONTINUING AUTHORITY.
``The Secretary shall not approve the plan of any project
which fails to demonstrate that it is achieving effective
coordination after 2 years of implementation.
``SEC. 10006. FEDERAL AGENCY COORDINATION.
``(a) Agency Coordination.--The Secretaries of Education,
Health and Human Services, Labor, Housing and Urban
Development, Treasury, and Agriculture, and the Attorney
General shall review the programs administered by their
agencies to identify barriers to service coordination.
``(b) Report to Congress.--Such Secretaries and the
Attorney General shall submit jointly a report to the
Congress not later than 2 years after the date of the
enactment of the Improving America's Schools Act, based on
the review required under paragraph (a) recommending
legislative and regulatory action to address such barriers,
and during this time, shall use waiver authorities authorized
under this and other Acts.
``TITLE XI--SCHOOL FACILITIES IMPROVEMENT ACT
``SEC. 11001. FINDINGS.
``The Congress finds the following:
``(1) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all
public school buildings in the United States need to be
replaced.
``(2) Almost one-third of such buildings were built prior
to World War II.
``(3) It is estimated that 1 of every 4 public school
buildings in the United States is in inadequate condition,
and of such buildings, 61 percent need maintenance or major
repairs, 43 percent are obsolete, 42 percent contain
environmental hazards, 25 percent are overcrowded, and 13
percent are structurally unsound.
``(4) Large numbers of local educational agencies have
difficulties securing financing for school facility
improvement.
[[Page 559]]
``SEC. 11002. PURPOSE.
``The purpose of this Act is the leverage limited Federal
funds to enable local educational agencies to finance the
costs associated with the improvement of school facilities
within their jurisdiction.
``SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF LOANS.
``(a) Authority and Conditions for Loans.--To assist local
educational agencies in the construction, reconstruction, or
renovation of schools, the Secretary may make loans of funds
to such agencies for the construction, reconstruction, or
renovation of such schools. Such assistance shall only be
provided--
``(1) to local educational agencies eligible for grants
under section 1124A of part A of title I, schools located on
Indian reservations, or local educational agencies eligible
for payments under section 8004; and
``(2) if the Secretary finds that such constructions will
be undertaken in an economical manner, and that any such
construction, reconstruction or renovation is not or will not
be of elaborate or extravagant design or materials.
``(b) Priorities.--In approving loans under this title, the
Secretary shall consider--
``(1) the difficulty of the applicant in securing
affordable financing from other sources;
``(2) the threat the condition of the physical plant poses
to the safety and well-being of students;
``(3) the demonstrated need for the construction,
reconstruction, or renovation as based on the condition of
the facility; and
``(4) the age of the facility to be renovated or replaced.
``(c) Amount and Conditions of Loans.--A loan to a local
educational agency--
``(1) may be in an amount not exceeding the total
development cost of the facility, as determined by the
Secretary;
``(2) shall be secured in such manner and be repaid within
such period, not exceeding 50 years, as may be determined by
the Secretary; and
``(3) shall bear interest at a rate determined by the
Secretary which shall be the rate of interest paid by the
Secretary on funds obtained from the Secretary of the
Treasury minus 1 and one quarter per cent each year.
``SEC. 11004. GENERAL PROVISIONS.
``(a) Budget and Accounting.--In the performance of, and
with respect to, the functions, powers, and duties under this
part, the Secretary, notwithstanding the provisions of any
other law, shall--
``(1) prepare annually and submit a budget program as
provided for wholly owned Government corporations by chapter
91 of title 31, United States Code; and
``(2) maintain a set of accounts which shall be audited by
the Comptroller General in accordance with the provisions of
chapter 35 of title 31, United States Code, but such
financial transactions of the Secretary, as the making of
loans and vouchers approved by the Secretary, in connection
with such financial transactions shall be final and
conclusive upon all officers of the Government.
``(b) Use of Funds.--Funds made available to the Secretary
pursuant to the provisions of this part shall be deposited in
a checking account or accounts with the Treasurer of the
United States. Receipts and assets obtained or held by the
Secretary in connection with the performance of functions
under this part, and all funds available for carrying out the
functions of the Secretary under this part (including
appropriations therefor, which are hereby authorized), shall
be available, in such amounts as may from year to year be
authorized by the Congress, for the administrative expenses
of the Secretary in connection with the performance of such
functions.
``(c) Legal Powers.--In the performance of, and with
respect to, the functions, powers, and duties under this
part, the Secretary, notwithstanding the provisions of any
other law, may--
``(1) prescribe such rules and regulations as may be
necessary to carry out the purposes of this part;
``(2) sue and be sued;
``(3) foreclose on any property or commence any action to
protect or enforce any right conferred upon the Secretary by
any law, contract, or other agreement, and bid for and
purchase at any foreclosure or any other sale any property in
connection with which the Secretary has made a loan pursuant
to this part;
``(4) in the event of any such acquisition, notwithstanding
any other provision of law relating to the acquisition,
handling, or disposal of real property by the United States,
complete, administer, remodel and convert, dispose of, lease,
and otherwise deal with, such property, but any such
acquisition of real property shall not deprive any State or
political subdivision thereof of its civil or criminal
jurisdiction in and over such property or impair the civil
rights under the State or local laws of the inhabitants on
such property;
``(5) sell or exchange at public or private sale, or lease,
real or personal property, and sell or exchange any
securities or obligations, upon such terms as the Secretary
may fix;
``(6) obtain insurance against loss in connection with
property and other assets held; and
``(7) include in any contract or instrument made pursuant
to this part such other covenants, conditions, or provisions
as may be necessary to assure that the purposes of this part
will be achieved.
``(d) Contracts for Supplies or Services.--Section 3709 of
the Revised Statutes shall not apply to any contract for
services or supplies on account of any property acquired
pursuant to this part if the amount of such contract does not
exceed $1,000.
``(e) Applicability of Government Corporation Control
Act.--The provisions of section 9107(a) of title 31, United
States Code, which are applicable to corporations or agencies
subject to chapter 91 of such title, shall also be applicable
to the activities of the Secretary under this part.
``(f) Wage Rates.--The Secretary shall take such action as
may be necessary to ensure that all laborers and mechanics
employed by contractors or subcontractors on any project
assisted under this part--
``(1) shall be paid wages at rates not less than those
prevailing on the same type of work on similar construction
in the immediate locality as determined by the Secretary of
Labor in accordance with the Act of March 3, 1931 (Davis-
Bacon Act), as amended; and
``(2) shall be employed not more than 40 hours in any one
week unless the employee receives wages for the employee's
employment in excess of the hours specified above at a rate
not less than one and one-half times the regular rate at
which the employee is employed,
but the Secretary may waive the application of this
subsection in cases or classes of cases where laborers or
mechanics, not otherwise employed at any time in the
construction of such project, voluntarily donate their
services without full compensation for the purpose of
lowering the costs of construction and the Secretary
determines that any amounts saved thereby are fully credited
to the educational institution undertaking the construction.
``(g) Limitations.--(1) No loan shall be made under this
part to any local educational agency until 5 years after the
date on which a previous loan to that agency was made under
this part, unless the loan is intended to be used to
construct or reconstruct a facility damaged as a result of a
national disaster, as declared by the President.
``(2) Not more than 12.5 percent of the amount of the funds
provided for in this part in the form of loans annually shall
be made available to educational institutions within any one
State.
``SEC. 11005. DEFINITIONS.
``The term `school' is defined as structures suitable for
use as classrooms, laboratories, libraries, and related
facilities, the primary purpose of which is the instruction
of elementary and secondary school students.
``SEC. 11006. AUTHORIZATION.
``There are authorized to be appropriated to carry out this
title, $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
``TITLE XII--URBAN AND RURAL EDUCATION ASSISTANCE
``PART A--URBAN EDUCATION DEMONSTRATION GRANTS
``SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.
``(a) Demonstration Grants.--(1) There is authorized to be
appropriated $200,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999 to carry out the provisions of sections 12003 and 12103.
``(2) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12103. If the amount reserved for any
fiscal year for section 12103 is less than $50,000,000, the
Secretary shall grant awards on a competitive basis to local
educational agencies serving rural areas, making such that
there is an equitable geographic distribution of such awards.
If the amount reserved for any fiscal year for section 12103
exceeds $50,000,000, the Secretary shall grant awards in such
a manner that a local educational agency serving rural areas
in each State receives such an award.
``(3) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12003.
``(b) Higher Education and Research Grants.--(1) There are
authorized to be appropriated $50,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999 to carry out the provisions of
sections 12004 and 12104.
``(2) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12004.
``(3) 50 percent of the amount appropriated under paragraph
(1) shall be reserved and made available only for the
purposes of section 12104.
``(c) Commissions.--There are authorized to be appropriated
for fiscal years 1995, 1996, and 1997 such sums as may be
necessary to carry out the provisions of sections 12006 and
12105. Amounts appropriated pursuant to this authority shall
remain available until expended.
``(d) Evaluation.--There are authorized to be appropriated
for each of the fiscal years 1995 through 1999 such sums as
may be necessary to carry out the provisions of section
12005.
``SEC. 12001. FINDINGS.
``The Congress finds that--
``(1) the ability of the Nation's major urban school
systems to meet the Nation's educational goals will determine
the country's economic competitiveness and academic standing
in the world community;
``(2) the quality of public education in the Nation's major
urban areas has a direct ef-
[[Page 560]]
fect on the economic development of the Nation's inner
cities;
``(3) the success of urban schools in boosting the
achievement of its minority youth attending such schools will
determine the ability of the Nation to close the gap between
the `haves and have-nots' in society;
``(4) the cost to America's businesses to provide remedial
education to high school graduates is approximately
$21,000,000,000 per year;
``(5) approximately \1/3\ of the Nation's work force will
be minority by the year 2000;
``(6) urban schools enroll a disproportionately large share
of the Nation's poor and `at-risk' youth;
``(7) urban schools enroll approximately \1/3\ of Nation's
poor, 40 percent of the Nation's African American children,
and 30 percent of the Nation's Hispanic youth;
``(8) nearly 20 percent of the Nation's limited English
proficient children and 15 percent of the Nation's disabled
youth are enrolled in urban schools;
``(9) the academic performance of students in the average
inner-city public school system is below that of students in
most other kinds of school systems;
``(10) urban schools systems have higher dropout rates,
more problems with health care and less parental
participation than other kinds of school systems;
``(11) urban preschoolers have one-half the access to early
childhood development programs as do other children;
``(12) shortages of teachers in urban school systems are
2.5 times greater than such shortages in other kinds of
school systems;
``(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational
opportunities;
``(14) urban schools systems have greater problems with
teen pregnancy, discipline, drug abuse and gangs than do
other kinds of school systems;
``(15) 75 percent of urban school buildings are over 25
years old, 33 percent of such buildings are over 50 years
old, and such buildings are often in serious disrepair and
create poor and demoralizing working and learning conditions;
``(16) solving the challenges facing our Nation's urban
schools will require the concerted and collaborative efforts
of all levels of government and all sectors of the community;
``(17) State and Federal funding or urban schools has not
adequately reflected need; and
``(18) Federal funding that is well targeted, flexible and
accountable would contribute significantly to addressing the
comprehensive needs of inner-city schools.
``SEC. 12002. STATEMENT OF PURPOSE.
``It is the purpose of this Act to provide financial
assistance to--
``(1) assist urban schools in meeting national education
goals;
``(2) improve the educational and social well being of
urban public school children;
``(3) close the achievement gap between urban and nonurban
school children, while improving the achievement level of all
children nationally;
``(4) renovate and repair urban school buildings and
facilities;
``(5) conduct coordinated research on urban education
problems, solutions and promising practices;
``(6) improve the Nation's global economic and educational
competitiveness by improving the country's urban schools;
``(7) encourage community, parental and business
collaboration in the improvement or urban schools; and
``(8) review regulations whose simplification might improve
the achievement of urban school children.
``SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to eligible local educational agencies serving an
urban area or State educational agencies in the case where
the State educational agency is the local educational agency
for activities designed to assist in local school improvement
efforts and school reform, and to assist the schools of such
agencies in meeting the National Education Goals.
``(b) Authorized Activities.--Funds under this section may
be used to--
``(1) increase academic achievement of urban school
children;
``(2) ensure the readiness of urban children for school;
``(3) increase the graduation rates of urban students;
``(4) prepare urban school graduates to enter higher
education, pursue careers, and exercise their
responsibilities as citizens;
``(5) recruit and retain qualified teachers, particularly
minority teachers and teachers specializing in areas of
critical shortage;
``(6) provide for ongoing staff development to increase the
professional capacities of the teaching staff and the skills
of teacher aides and paraprofessionals;
``(7) decrease the use of drugs and alcohol among urban
students and to ensure the physical and emotional well-being
of such students in a bias-free school environment;
``(8) coordinate and collaborate with parents, the
community, the private sector, and with other service
providers and programs;
``(9) acquire and improve access to educational technology;
and
``(10) assist the schools most in need of services by
replicating successful efforts of other urban local
educational agencies and expanding successful programs within
the eligible agency.
``(c) General Provisions.--An eligible local educational
agency desiring to receive a grant under this section shall
submit an application to the Secretary at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require, consistent with this section.
``(d) Definitions.--Except as otherwise provided, for the
purposes of this part--
``(1) Central city.--The term `central city' has the same
meaning as that used by the United States Census Bureau.
``(2) Eligible local educational agency.--The term
`eligible local educational agency' means a local educational
agency which--
``(A) serves the largest central city in a State;
``(B) enrolls more than 30,000 students and serves a
central city with a population of at least 200,000 in a
metropolitan statistical area; or
``(C) enrolls between 25,000 and 30,000 students and serves
a central city with a population of at least 140,000 in a
metropolitan statistical area.
``(3) Metropolitan statistical area.--The term
`metropolitan statistical area' has the same meaning as that
used by the United States Census Bureau.
``SEC. 12004. RESEARCH AND EVALUATION GRANTS.
``The Secretary is authorized to make grants and enter into
contracts with eligible local educational agencies, and
institutions of higher education jointly with eligible local
educational agencies to conduct research and evaluate
programs for improving and reforming the Nation's urban
schools.
``SEC. 12005. USE OF FUNDS.
``Funds allotted to eligible local educational agencies and
institutions of higher education under section 12004 may be
used for--
``(1) collaborative and coordinated research and evaluation
of educational techniques or approaches used in multiple
eligible local educational agencies;
``(2) evaluation of projects assisted under title I;
``(3) collection and dissemination of information on
successful projects and approaches assisted under title I;
``(4) design and implementation of extension service
programs to allow an eligible local educational agency to
provide technical assistance to individual schools and
teachers involved in projects assisted under title I;
``(5) provision of data and information management services
to individual schools assisted under title I;
``(6) provision of staff training in schools assisted under
title I;
``(7) evaluation of progress made by eligible local
educational agencies assisted under this Act in meeting
national education goals;
``(8) provision of staff training in test interpretation
and use for diagnostic purposes;
``(9) provision of information to parents on test results
and test interpretation;
``(10) provision of technology and training in its research
and evaluation uses;
``(11) development of assessment tools of students in
individualized instruction;
``(12) research on school policies and practices which may
be barriers to the success of students in school; and
``(13) development and testing of new multiple, alternative
assessments of student progress toward the national education
goals which are race and gender bias-free and sensitive to
limited-English proficient and disabled students.
``SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMISSION ON
URBAN EDUCATION.
``(a) Establishment.--There is established a National
Commission on Urban Education (in this Act referred to as the
`Commission').
``(b) Membership.--
``(1) In general.--The Commission shall be composed of 12
members as follows:
``(A) 4 of the Members shall be appointed by the President.
``(B) 4 of the Members shall be appointed by the Speaker of
the House, including 2 Members of the House, of which 1 shall
be from each political party.
``(C) 4 of the members shall be appointed by the President
pro tempore of the Senate, including 2 Members of the Senate,
of which 1 shall be from each political party.
``(2) Chairperson.--The Chairperson of the Commission shall
be elected by the members of the Commission and shall
continue to serve for the duration of the Commission.
``(3) Vacancies.--Any vacancy in the Commission shall be
filled in the same manner as the original appointment.
``(c) Duties.--The Commission shall study the following
issues:
``(1) Demographic changes.--Demographic changes in student
enrollment and classroom teachers in the 10-year period prior
to the date of enactment of this Act.
``(2) Special needs.--Numbers and types of special needs of
students in urban schools.
``(3) Unserved or underserved students.--Number of unserved
or underserved students in urban schools eligible for
assistance under the Head Start Act, chapter 1 of title 1 of
the Elementary and Secondary Education Act of 1965, School
Dropout Demonstration Assistance Act of 1988, Drug Free
Schools and Communities Act of 1986. Carl D. Perkins
Vocational and Applied Technology Education Act, Education of
the Handicapped Act and other Federal programs.
``(4) Student performance.--Program and management efforts
in urban schools de-
[[Page 561]]
signed to enhance student performance, and reasons for the
effectiveness of such efforts.
``(5) Financial support.--Financial support and funding
needs of urban schools from local, State, and Federal
sources.
``(6) Collaborate efforts.--Collaborative efforts and
programs between urban schools, the private sector, and
community groups.
``(7) Supply needs.--Supply needs for teachers in urban
schools in the 10-year period beginning on the date of
enactment of this Act.
``(d) Reports.--
``(1) In general.--The Commission shall submit a report
that includes recommendations to the President and to the
appropriate committees of the Congress on the findings of the
study required by this section. The report shall be submitted
as soon as practicable.
``(2) Proposal for changes in federal legislation.--The
report submitted under this section shall include proposals
for changes in Federal legislation.
``(e) Staff.--Such personnel as the Commission deems
necessary may be appointed by the Commission without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and may be paid
without regard to the provisions of chapter 51 and subtitle
III of chapter 53 of such title relating to classification
and General Schedule pay rates, but no individual so
appointed shall be paid in excess of the rate of basic pay
for level III of the Executive Schedule.
``(f) Compensation.--
``(1) In general.--Members of the Commission who are
officers or full-time employees of the United States shall
receive no additional pay, allowances, or benefits by reason
of their service on the Commission.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5702 and 5703 of title 5, United States
Code.
``(3) Special rule.--Members of the Commission who are not
officers or full-time employees of the United States may
receive a per diem and travel allowance as is provided by the
United States Code for persons in the Government service
employed intermittently.
``(g) Administration.--
``(1) In general.--The Commission or, on the authorization
of the Commission, any committee thereof, may, for the
purpose of carrying out the provisions of this section, hold
such hearings and site and act at such times and such places
within the United States as the Commission or such committee
considers advisable.
``(2) Consultation.--In carrying out its duties under this
section, the Commission shall consult with other Federal
agencies, representatives of State and local governments, and
private organizations to the extent feasible.
``(3) Information.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this section. Upon
request of the Chairperson of the Commission, the head of
such department or agency shall furnish that information to
the Commission.
``(4) Contracts.--The Commission is authorized to enter
into contracts to secure the necessary data and information
to conduct its work and to obtain the services of experts and
consultants.
``(5) Cooperation.--The heads of all Federal agencies are,
to the extent practicable, directed to cooperate with the
Commission in carrying out this section.
``(6) Special rule.--The Commission is authorized to
utilize, with the consent of such agencies, the services,
personnel, information, and facilities of other Federal,
State, local, and private agencies with or without
reimbursement.
``(h) Termination.--The Commission shall terminate 3 years
after the date of its first meeting.
``SEC. 12007. EVALUATION.
``The Secretary is authorized directly, or through grants
or contracts to evaluate the programs and activities funded
under this title, broadly disseminate such information to
other school districts, and to report the results of such
evaluation to the Education and Labor Committee of the House
of Representatives and the Labor and Human Resources
Committee of the Senate.
``PART B--RURAL EDUCATION DEMONSTRATION GRANTS
``SEC. 12101. FINDINGS.
``The Congress finds that--
``(1) rural schools are essential to national efforts to
meet the National Education Goals;
``(2) approximately 60 percent of the Nation's public
school districts are rural, with populations of less than
2,500;
``(3) about 1 out of every 4 of America's rural school
children are living below the poverty level;
``(4) the quality of public education in rural areas has a
direct effect on the economic development of our country's
rural communities;
``(5) the academic performance of students in the average
rural school system is below that of students in most other
suburban school systems;
``(6) the average age of rural public school buildings is
more than 45 years old, creating poor and demoralizing
working and learning conditions;
``(7) shortages of teachers for rural school systems is
greater than in other kinds of school systems;
``(8) solving the challenges facing the Nation's rural
schools will require the concerted and collaborative efforts
of all levels of government and all sectors of the education
community; and
``(9) additional Federal funding would contribute
significantly to addressing the comprehensive needs of rural
schools.
``SEC. 12102. STATEMENT OF PURPOSE.
``It is the purpose of this part to provide financial
assistance to rural schools to encourage innovative school
reform programs, the enhanced use of telecommunications
technology for learning, and inservice training and teacher
recruitment initiatives in cooperation with institutions of
higher education designed to augment local school improvement
activities.
``SEC. 12103. RURAL SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make
grants to local education agencies serving rural areas or
State educational agencies in the case where the State
educational agency is the local educational agency for
activities designed to assist in local school improvement
efforts.
``(b) Authorized Activities.--Funds under this title may be
used to--
``(1) assist rural schools in meeting National Education
goals and undertaking local school improvement initiatives;
``(2) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(3) encourage rural school consortia for the purpose of
increasing efficiency and course offerings;
``(4) provide meaningful inservice training opportunities
for rural public school teachers; and
``(5) assist rural schools in acquiring and improving
access to educational technology, including distance learning
technologies.
``(c) General Provisions.--Each eligible entity desiring a
grant under this title shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
Awards made by the Secretary shall be of sufficient size and
scope to achieve significant rural school improvement.
``SEC. 12104. HIGHER EDUCATION GRANTS.
``(a) Grants.--The Secretary is authorized to make grants
to institutions of higher education, consortia of such
institutions, or partnerships between institutions of higher
education and local education agencies to assist rural
schools and local education agencies serving rural areas in
undertaking local school improvement activities.
``(b) Authorized Activities.--Funds under this section may
be used to--
``(1) assist rural schools in meeting National Education
Goals;
``(2) assist in the recruitment and training of teachers in
rural schools;
``(3) assist rural schools in the development of
appropriate innovative school improvement initiatives;
``(4) provide inservice training opportunities for teachers
in rural schools; and
``(5) provide technical assistance in the use and
installation of innovative telecommunications technology.
``(c) General Provisions.--Each eligible entity desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require.
``SEC. 12105. NATIONAL COMMISSION ON RURAL EDUCATION.
``(a) Establishment.--There is established a National
Commission on Rural Education.
``(b) Membership.--The Commission shall be composed of 12
members, 4 of whom shall be appointed by the President of the
United States, 4 of whom shall be appointed by the Speaker of
the House upon the recommendation of the majority leader and
the minority leader, and 4 of whom shall be appointed by the
President pro tempore of the Senate upon the recommendation
of the majority leader and the minority leader. A majority of
the members of the Commission shall be individuals involved
in rural education, with at least 2 individuals involved in
rural postsecondary education. The Chair of the Commission
shall be elected by the President from among his 4 appointees
and shall continue to serve during the duration of the
Commission. Vacancies in the Commission shall be filled in
the same manner as the original appointment.
``(c) Studies.--The Commission shall conduct a full and
complete study on the State of rural education in America.
Included in this analysis should be the impact of demographic
changes in rural schools, the special needs of these schools,
the current and future teacher needs of these schools, the
effectiveness of existing Federal education programs in
meeting the needs of these schools, the adequacy of financial
support for these schools, and any other issues that the
Commission deems to be important and essential for a complete
and exhaustive examination of the state and condition of
rural schools in America.
``(d) Staff.--The Commission may appoint such staff as may
be necessary by the Chair without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and may pay such staff without regard to
the provisions of chapter 51 of subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, but no individual so appointed shall be paid in
excess of the rate authorized for GS-18 of the General
Schedule.
[[Page 562]]
``(e) Compensation and Expenses.--(1) Members of the
Commission who are officers or full-time employees of the
United States shall serve without compensation in addition to
that received for their services as officers and employees of
the United States. Such members may be allowed travel
expenses and per diem in lieu of subsistence, as authorized
by section 5703 of title 5, United States Code.
``(2) Members of the Commission who are not officers or
full-time employees of the United States may each receive per
diem and travel allowance as is provided by the United States
Code for persons in the Government service employed
intermittently.
``(f) Administration.--(1) The Commission may organize
itself in whatever manner is most appropriate for the conduct
of its activities. It may hold such hearings and act at such
time and such places within the United States as it may
consider advisable. In carrying out its duties, the
Commission may consult with other Federal agencies,
representatives of State and local governments, and private
organizations to the extent feasible.
``(2) The Commission is authorized to secure directly from
any executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality,
information, suggestions, estimates, and statistics for the
purpose of this section, and each such department, bureau,
agency, board, commission, office, independent establishment,
or instrumentality is authorized and directed, to the extent
permitted by law, to furnish such information, suggestions,
estimates, and statistics directly to the Commission, upon
request by the Chair.
``(3) The Commission may enter into contracts for the
acquisition of information, suggestions, estimates, and
statistics for the purpose of this section. The Commission is
authorized to obtain the services of experts and consultants
without regard to section 3109 of title 5, United States
Code, and to set pay in accordance with such section.
``(4) The head of such Federal agency shall, to the extent
not prohibited by law, cooperate with the Commission in
carrying out this section. The Commission is authorized to
utilize, with their consent, the services, personnel,
information, and facilities of other Federal, State, local,
and private agencies with or without reimbursement.
``(g) Final Report.--The Commission shall report to
Congress its findings not later than 3 years after the date
of enactment of this Act. Such report may include legislative
recommendations. The Commission may make whatever interim
reports to Congress that it deems necessary.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act (20
U.S.C. 1221 et seq.; referred to in this title as ``the
Act'') is amended to read as follows:
``title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General
Education Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies
to each applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not
apply to any contract made by the Department of Education.
``(c) As used in this title, the following terms have the
following meanings:
``(1) The term `applicable program' means any program for
which the Secretary or the Department has administrative
responsibility as provided by law or by delegation of
authority pursuant to law. The term includes each program for
which the Secretary or the Department has administrative
responsibility under the Department of Education Organization
Act or under statutes effective after the effective date of
that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes
the appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of
Education.
``(4) The term `Secretary' means the Secretary of
Education.
``(d) Nothing in this title shall be construed to affect
the applicability of title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of 1972, title V
of the Rehabilitation Act of 1973, the Age Discrimination
Act, or other statutes prohibiting discrimination, to any
applicable program.''.
SEC. 212. REPEAL AND REDESIGNATION.
(a) The following provisions of the Act are repealed--
(1) sections 400A, 401, 402, 405, 406, 406A, 406B, 406C,
407, 413, 416, 419, 421, 423, 424, 426A, and 429; and
(2) part D.
(b) Sections 403, 408, 409, 411, 412, 414, 415, 417, 420,
421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435,
436, 437, 438, 439, and 440 are redesignated as 401, 410,
411, 420, 421, 422, 423, 425, 426, 430, 431, 432, 433, 434,
435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and
446 respectively.
(c) Part E is redesignated as part D.
PART B--THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read as
follows:
``Part A--Functions of the Department of Education''.
SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.
Section 401 of the Act (as redesignated) is amended by--
(1) striking the heading of such section and inserting the
following new heading:
``office of non-public education'';
(2) striking subsections (a), (b), and (c); and
(3) striking ``(d)(1) There'' and inserting ``Sec. 401. (1)
There''.
SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated) is amended to read
as follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested by law or by delegation of authority
pursuant to law, and subject to limitations as may be
otherwise imposed by law, is authorized to make, promulgate,
issue, rescind, and amend rules and regulations governing the
manner of operation of, and governing the applicable programs
administered by, the Department.''.
PART C--APPROPRIATIONS AND EVALUATIONS
SEC. 230. FORWARD FUNDING.
Section 420 of the Act (as redesignated) is amended to read
as follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible
State, local, and Federal officers adequate notice of
available Federal financial assistance for carrying out
ongoing education activities and projects, appropriations for
grants, contracts, or other payments under any applicable
program are authorized to be included in the appropriations
Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the
application of this section may result in the enactment, in a
fiscal year, of separate appropriations for an applicable
program (whether in the same appropriations Act or otherwise)
for 2 consecutive fiscal years.''.
SEC. 231. AVAILABILITY OF APPROPRIATIONS.
(a) The heading for section 421 of the Act (as
redesignated) is amended to read as follows: ``availability
of appropriations on academic or school-year basis;
additional period for expenditure of funds''.
(b) Section 421 of the Act (as redesignated) is further
amended--
(1) in subsection (b) by striking ``(b) Notwithstanding''
and inserting ``(b)(1) Notwithstanding''; and
(2) in subsection (c) by striking ``section 3679(d)(2) of
the Revised Statutes'' and inserting ``section 1341(a) of
title 31 of the United States Code''.
SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated) is amended to read
as follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable program shall be automatically
extended for one additional fiscal year unless Congress, in
the regular session that ends prior to the beginning of the
terminal fiscal year of such authorization or duration, has
passed legislation that becomes law and extends or repeals
the authorization or duration of such program.
``(b) The amount authorized to be appropriated for the
period of automatic extension of an applicable program under
subsection (a) shall be the amount that was authorized to be
appropriated for that program during its terminal fiscal
year.
``(c) During the period of automatic extension of an
applicable program under subsection (a), the Secretary shall
administer such program, including the performance of all
required acts and determinations, in the same manner required
in the termination fiscal year by the applicable statute.
``(d) This section shall not apply to the authorization of
appropriations for a commission, council or committee which
is required by an applicable statute to terminate on a date
certain.''.
SEC. 233. STATE REPORTS.
Subpart 2 of part B of the Act is amended by inserting the
following new section 424 at the beginning of such subpart.
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit
to the Secretary a report on or before March 15 of every
second year. Each such report shall include--
``(1) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
applicable program under the jurisdiction of the State
educational agency; and
``(2) information with respect to the uses of Federal funds
in such State in the 2 preceding fiscal years under any
Federal program administered by the State that provided
grants or contracts to a local educational agency in the
State.
``(b) Each report submitted as required by subsection (a)
shall--
``(1) list, with respect to each program for which
information is provided, all grants made to and contracts
entered into with local educational agencies and other public
and private agencies and institutions within the State during
each fiscal year concerned;
[[Page 563]]
``(2) analyze the information included in the report by
local educational agency and by program;
``(3) include the total amount of funds available to the
State under each such program for each fiscal year concerned;
and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to
the public.
``(c) If the Secretary does not receive a report by the
date required under subsection (a), or receives an incomplete
report, the Secretary, not later than 30 days after such
report is required to be submitted, shall take all reasonable
measures to obtain the delinquent or incomplete information
from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information
to the National Center for Education Statistics, and shall
make such information available, at a reasonable cost, to any
individual who requests it.
``(e) The Secretary shall consult with the Speaker and
Minority Leader of the House of Representatives and the
Majority and Minority Leaders of the Senate regarding the
costs and feasibility of making the information described in
subsection (a) available as part of a telecommunications
network that is readily accessible to every member of
Congress and other interested parties.
``(f) On or before August 15th of each year in which
reports are submitted under subsection (a), the Secretary
shall submit a report to the Committee on Education and Labor
of the House of Representatives and the Committee on Labor
and Human Resources of the Senate. Such report shall
include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect
to--
``(A) direct grants made to local educational agencies by
the Federal Government; and
``(B) contracts entered into between such agencies and the
Federal Government.''.
SEC. 234. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated) is amended to read
as follows:
``biennial evaluation report
``Sec. 425. Not later than March 31 of each second year
beginning with 1995, the Secretary shall transmit to the
Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human
Resources of the Senate an evaluation report on the
effectiveness of applicable programs during the two preceding
fiscal years in achieving their legislated purposes. Such
report shall--
``(1) contain program profiles that include legislative
citations, multi-year funding histories, and legislated
purposes;
``(2) contain recent evaluation information on the progress
being made toward the achievement of program objectives,
including listings of program performance indicators, data
from performance measurement based on the indicators,
evaluation information on the costs and benefits of the
applicable programs being evaluated.
``(3) contain selected significant program activities, such
as initiatives for program improvement, regulations, and
program monitoring and evaluation;
``(4) list the principal analyses and studies supporting
the major conclusions in such report; and
``(5) be prepared in concise summary form with necessary
detailed data and appendices, including available data to
indicate the effectiveness of the programs and projects by
the race, sex, disability and age of their beneficiaries.''.
SEC. 235. TECHNICAL AMENDMENT.
(a) Section 423 of the Act (as redesignated) is amended by
striking ``Commissioner'' and inserting ``Secretary''.
(b) Section 426 of the Act (as redesignated) is amended
by--
(1) striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary
and Secondary Education Act of 1965''; and
(2) striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C)'' and inserting in lieu thereof ``sections
8003(c) or residing on property described in section
8012(4)(B)(ii)''.
SEC. 236. COORDINATION.
The National Assessment Governing Board, the Advisory
Council on Statistics, the National Education Goals Panel,
the National Education Statistics and Improvement Council,
and any other Board established to analyze, address, or
approve standards and assessments shall coordinate and
interact with one another in order to ensure that each entity
does not duplicate activities to assist States in their
efforts to reform their educational systems.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated) is amended to read
as follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter
into arrangements with other Federal agencies to jointly
carry out projects of common interest, to transfer to such
agencies funds appropriated under any applicable program, and
to receive and use funds from such agencies, for projects of
common interest.
``(2) Funds so transferred or received shall be used only
in accordance with the statutes authorizing the appropriation
of such funds, and shall be made available by contract or
grant only to recipients eligible to receive such funds under
such statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use its procedures to award
contracts or grants and to administer such awards, unless the
parties to the agreement specify the use of procedures of
another agency that is a party to the agreement.
``(4) If the Secretary has entered into an agreement
authorized under subsection (a) of this section and the
Secretary and the heads of the other agencies participating
in the agreement determine that joint funding is necessary to
address a special need consistent with the purposes and
authorized activities of each program that provides funding,
the Secretary and the heads of the other participating
agencies may develop a single set of criteria for jointly
funded projects and require each applicant for those projects
to submit a single application for review by the
participating agencies.
``(b) The Secretary may develop the criteria for, and
require the submission of, joint applications under two or
more applicable programs under which awards are made on a
competitive basis, and may jointly review and approve such
applications separately from other applications under such
programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent
with the purposes and authorized activities of each such
program. An applicant for such a joint award must meet the
eligibility requirements of each such program.
``(c) The Secretary may not construe the provisions of this
section to take precedence over a limitation on joint funding
contained in an applicable statute.
``(d)(1) The Secretary shall provide notice to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate of each joint funding agreement made
with other Federal agencies not later than 60 days following
the making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the
joint funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
``(C) the criteria developed to govern the award of
contracts and grants.''.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated) is amended by--
(1) striking ``(a) The Commissioner'' and inserting ``The
Secretary'';
(2) inserting ``and'' at the end of paragraph (2);
(3) striking ``; and'' at the end of paragraph (3) and
inserting ``.''; and
(4) striking paragraph (4) and subsections (b) and (c).
SEC. 243. REVIEW OF APPLICATIONS.
(a) Section 432 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program provided
for in title I of the Elementary and Secondary Education Act
of 1965,'';
(C) in the third sentence thereof, by inserting a comma
after ``the hearing''; and
(D) in the fourth sentence thereof--
(i) by striking the comma after ``guidelines''; and
(ii) by inserting a comma after ``program'';
(2) in subsection (b), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(3) in subsection (d), by striking ``Commissioner'' each
time it appears and inserting ``Secretary'' and by inserting
before the period ``or issue such other orders as the
Secretary may deem appropriate to achieve such compliance''.
(b) All statistics and other data collection and analysis
reported under this section shall, whenever feasible, be
collected cross-tabulated, analyzed, and reported by sex
within race or ethnicity and socioeconomic status. In the
event that the Secretary determines that such statistics or
data collection and analysis reveals no significant
differences among such categories, the Secretary shall
include in the relevant report incorporating such statistics
or data an explanation of such determination.
SEC. 244. TECHNICAL AMENDMENT.
Section 434 of the Act (as redesignated) is amended in the
first sentence by striking ``the Commissioner'' and ``he''
and inserting ``the Secretary'' in lieu of each.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated) is amended to read
as follows:
``use of funds withheld
``Sec. 435. (a) At any time that the Secretary makes an
allotment or reallotment to any State under any applicable
program, the Secretary shall reduce such allotment or
reallotment by such amount as the Secretary determines such
allotment or reallotment would have been reduced, had the
data on which the allotment or reallotment is based excluded
all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible
to receive the Federal financial assistance
[[Page 564]]
involved because of failure to comply with title VI of the
Civil Rights Act of 1964, title IX of the Education
Amendments of 1972, section 504 of the Rehabilitation Act of
1973, or the Age Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under
subsection (a)--
``(1) to increase the allotments of other local educational
agencies within the State, or the allotments of all States,
in accordance with the statutes governing the program; or
``(2) for grants to local educational agencies of that
State in accordance with section 405 of the Civil Rights Act
of 1964, or for any other program administered by the
Department that is designed to enhance equity in education or
redress discrimination on the basis of race, color, national
origin, sex, age, or disability.''.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated) is amended by
striking ``for three fiscal years'' and inserting ``for more
than one fiscal year''.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated) is amended--
(1) in the heading by striking ``: requirements and
enforcement'';
(2) in subsection (a) by--
(A) striking, in paragraph (1), ``Commissioner'' and
inserting ``Secretary''; and
(B) striking, in paragraph (2), ``Department of Health,
Education, and Welfare or the Office of Education, or by an
official of such agencies'' and inserting ``Secretary'';
(3) in subsection (b) by--
(A) striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) striking the last sentence of paragraph (2)(B);
(4) in subsection (d) by--
(A) striking, in paragraph (1)--
(i) in the second sentence, ``transmission unless the
Congress shall, by concurrent resolution, find that the final
regulation is inconsistent with the Act from which it derives
its authority, and disapprove such final regulation, in whole
or in part'' and insert ``transmission'';
(ii) the last sentence; and
(iii) ``(1)''; and
(B) striking paragraph (2);
(5) by striking subsections (e) and (f); and
(6) in subsection (g), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated) is amended--
(1) in subsection (a)--
(A) by striking out ``grant, subgrant, contract,
subcontract, loan, or other arrangement (other than
procurement contracts awarded by an administrative head of an
educational agency)'' and inserting in lieu thereof ``grant,
subgrant, cooperative agreement, loan or other agreement'';
(B) by inserting ``financial or programmatic'' immediately
before ``audit.''; and
(C) by striking ``five'' in the last sentence and inserting
``three''; and
(2) in subsection (b), by striking out ``to any records of
a recipient which may be related, or pertinent to, the
grants, subgrants, contracts, subcontracts, loans, or other
arrangements'' and inserting in lieu thereof ``to any records
currently maintained by a recipient that may be related, or
pertinent to, grants, subgrants, cooperative agreements,
loans, or other arrangements''.
SEC. 249. RELEASE OF RECORDS.
Section 444(b)(1)(E) of the Act (as redesignated) is
amended to read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or
disclosed pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and its
ability to effectively serve the student whose records are
released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure concerns the
juvenile justice system and its ability to effectively serve
the student whose records are released, and
``(II) the officials and authorities to whom such
information is disclosed certify in writing to the
educational agency or institution that the information will
not be disclosed to any other party except as provided under
State law without the prior written consent of the parent.''.
SEC. 250. PROTECTION OF PUPIL RIGHTS.
Section 445 of the Act (as redesignated) is amended to read
as follows:
``protection of pupil rights
``Sec. 445. (a) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
``(b) No student shall be required, as part of any
applicable program, to submit to a survey, analysis, or
evaluation that reveals information concerning--
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, antisocial, self-incriminating, and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of the
parent.
``(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
``(d) The Secretary shall take such action as the Secretary
determines appropriate to enforce this section, except that
action to terminate assistance provided under an applicable
program shall be taken only if the Secretary determines
that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) The Secretary shall establish or designate an office
and review board within the Department of Education to
investigate, process, review, and adjudicate violations of
the rights established under this section.''.
SEC. 251. ENFORCEMENT.
(a) Section 452 of the Act is amended--
(1) in the first sentence of paragraph (2) of subsection
(a), by striking ``stating'' and all that follows through the
end of such sentence and inserting ``establishing a prima
facia case for the recovery of funds, including an analysis
reflecting the value of the program services actually
obtained in a determination of harm to the federal
interest.'';
(2) in the first sentence of paragraph (1) of subsection
(b), by striking ``30'' and inserting ``60''; and
(3) in subsection (d) by--
(A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
and
(B) adding a new paragraph (2) as follows:
``(2) During the conduct of such review, there shall not
be any ex parte contact between the Secretary and individuals
representing the Department or the recipient.''.
(b) Section 459 of the Act is amended--
(1) in paragraph (1) of subsection (a) by striking ``, and
that the recipient is in all other respects in compliance
with the requirements of that program''; and
(2) subsection (c) is amended to read as follows:
``(c) Notwithstanding any other provisions of law, the
funds made available under this section shall remain
available for expenditure for a period of time deemed
reasonable by the Secretary, but in no case to exceed more
than 3 fiscal years following the later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial
review, the fiscal year in which final judical action under
section 458 is taken.''.
SEC. 252. TECHNICAL AMENDMENTS.
(a) The heading for Part C of the Act is amended by
striking ``Commissioner of Education'' and inserting
``Secretary''.
(b) Section 434 of the Act (as redesignated) is amended in
the second sentence thereof, by inserting ``is made'' after
``such determination''.
(c) Section 436 of the Act (as redesignated) is amended by
striking ``Commissioner'' each place it appears and inserting
``Secretary''.
(d)(1) The heading of section 440 of the Act (as
redesignated) is amended by striking ``educational''.
(2) Section 440 of the Act (as redesignated) is amended--
(A) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(B) by inserting ``(c)'' before the last sentence and by
deleting ``paragraph (3)'' in such sentence and inserting
``subsection (b)(3)''.
(e) Section 441 of the Act (as redesignated) is amended--
(1) by striking ``Commissioner'' each place it appears and
inserting ``Secretary''; and
(2) in subsection (a)--
(A) by striking the comma after ``submits a plan''; and
(B) by striking ``(subject, in the case of programs under
chapter 1 and chapter 2 of title I of the Elementary and
Secondary Education Act of 1965, to the provisions of title V
of such Act)''.
(f) Section 442 of the Act (as redesignated) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner'' each
place it appears and inserting ``Secretary''; and
(C) in paragraph (7), by striking ``handicapped
individuals'' and inserting ``individuals with
disabilities''.
(g) Section 444 of the Act (as redesignated) is amended--
(1) in subsection (a)(4)(B)(ii), by striking the period at
the end thereof and inserting a semicolon;
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``(iii) an
administrative head of an education agency (as defined in
section 408(c)), or (iv)'' and inserting ``or (iii)'';
(B) in paragraph (1)(H), by striking ``1954'' and inserting
``1986''; and
[[Page 565]]
(C) in paragraph (3)--
(i) by striking ``(C) an administrative head of an
education agency or (D)'' and inserting ``or (C)''; and
(ii) by striking ``education program'' and inserting
``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``The Secretary, or an administrative head
of an education agency,'' and inserting ``The Secretary'';
(B) by striking ``provisions of'' after ``enforce'';
(C) by striking ``according to the provisions of'' and
inserting ``in accordance with''; and
(D) by striking ``the provisions of'' after ``with''; and
(5) in subsection (g)--
(A) by striking ``Health, Education, and Welfare'' and
inserting ``Education''; and
(B) by striking ``the provisions of ''.
SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM
BENEFICIARIES.
The Act is further amended by inserting after section 426
(as redesignated) a new section 427 to read as follows:
``equity for students, teachers, and other program beneficiaries
``Sec. 427. (a) The purpose of this section is to assist
the Department in implementing its mission to ensure equal
access to education and to promote educational excellence
throughout the Nation, by ensuring equal opportunities to
participate for all eligible students, teachers, and other
program beneficiaries in any project or activity carried out
under an applicable program and promoting their ability to
meet high standards.
``(b) The Secretary shall require each applicant for
assistance under an applicable program (other than an
individual) to develop and describe in its application the
steps it proposes to take to ensure equitable access to, and
equitable participation in, the project or activity to be
conducted with such assistance, by addressing the special
needs of students, teachers, and other program beneficiaries
in order to overcome barriers to equitable participation,
including barriers based on gender, race, color, national
origin, disability, and age.
``(c) The Secretary may establish criteria and provide
technical assistance for meeting the requirements of this
section.
``(d) Nothing in this section is intended to alter in any
way the rights or responsibilities established under the
statutes cited in section 400(d) of this Act.''.
SEC. 254. DISCLOSURE REQUIREMENTS.
Each educational organization, prior to accepting funds for
the cost of a minor's participation in an educational program
operated by such organization, shall disclose the following
information in written form to the minor or the minor's
parent:
(1) Method of solicitation and selection.--The method of
solicitation and selection of participants in the educational
program, including--
(A) the origin of any mailing list used for such
solicitation and selection;
(B) any recruitment through teacher or school personnel,
including any enticements offered to such teacher or
personnel for the recommendation of a minor for participation
in the educational program;
(C) any open enrollment activity, including the method of
outreach; and
(D) any cooperation with, or sponsorship by, a membership
organization, including a description of the cooperation or
sponsorship and the name of each such organization.
(2) Cost and fees.--Information regarding the cost of the
educational program and information regarding the
distribution of any enrollment fee, including--
(A) the amount paid for, and the percentage of the total
educational program cost of, each feature of the educational
program, including--
(i) food;
(ii) lodging;
(iii) transportation;
(iv) program staffing;
(v) textbooks, syllabi, or other scholastic educational
program materials;
(vi) speaker fees; and
(vii) administrative expenses, including expenses related
to--
(I) the preparation of non-scholastic educational program
materials;
(II) the provision of financial assistance;
(III) mailing list rental or other recruitment activity;
and
(IV) administrative salaries and consulting fees;
(B) the identity of the organization or business providing
each of the features described in clauses (i) through (vii)
of subparagraph (A); and
(C) the nature of any relationship of any board member,
officer, or employee of the educational organization to any
organization or business described in subparagraph (B),
including the salary or other compensation paid by such
organization or business to such board member, officer, or
employee.
(3) Nondiscriminatory enrollment and service policy.--
(A) In general.--Each educational organization shall
include a verifiable statement on all enrollment or
recruitment material that the educational organization does
not--
(i) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment; or
(ii) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program
(including any scholarship or financial assistance, and use
of any facility), or subject the student to discrimination
under such program, on the basis of race, disability, or
residence in a low-income area.
(B) Construction.--Nothing in this section shall be
construed to entitle a student to--
(i) participation in an educational program or any benefit
associated with such program; or
(ii) a waiver of any fee charged for such participation or
benefit.
(4) Enforcement.--
(A) In general.--The Secretary of Education shall monitor
compliance with the provisions of this section.
(B) Civil penalty.--If an educational organization
knowingly violates any provision of this Act, the Secretary
of Education, after notice and opportunity for hearing, may
impose on such organization a civil fine of not more than
$1,000 for each such violation.
(5)(A) Educational organization, as defined by this
section, means an organization or group which--
(i) provides special honors programs, seminars, citizenship
experiences, government study programs, educational
vacations, student exchange programs, or other educational
experiences or honors generally directed toward minors or
high school students and charges a tuition or enrollment fee;
(ii) offers its program away from a student's regular place
of school attendance, includes not less than 1 supervised
night away from home, and is intended to enhance a student's
regular course of study; and
(iii) advertises and recruits students through commercial
media, direct mailings, school recruitment programs, or
school administrators or teachers.
(B) The definition in subparagraph (A) shall not include--
(i) a local educational agency, State educational agency, a
State department of education, or an elementary or secondary
school as defined by this Act;
(ii) an institution of higher education as defined by the
Higher Education Act of 1965; or
(iii) a local organization sponsored by an elementary or
secondary school, a recreational or entertainment
organization, a local sports activity group, or a social
club.
PART E--RELATED AMENDMENTS TO OTHER ACTS
SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT
The Department of Education Organization Act is amended--
(1) by repealing sections 414 and 427;
(2) by redesignating sections 209, 210, 211, 212, 214, 215,
303, 304, 305, 306, 307, 415, 416, 417, 418, 419, 420, 421,
422, 423, 424, 425, 426, and 428 as sections 208, 209, 210,
211, 212, 213, 302, 303, 304, 305, 306, 414, 415, 416, 417,
418, 419, 420, 421, 422, 423, 424, 425, and 426;
(3) the table of contents is amended to read as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Correctional Education.
``Sec. 213. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Contracts.
``Sec. 415. Regional and field offices.
[[Page 566]]
``Sec. 416. Acquisition and maintenance of property.
``Sec. 417. Facilities at remote locations.
``Sec. 418. Use of facilities.
``Sec. 419. Copyrights and patents.
``Sec. 420. Gifts and bequests.
``Sec. 421. Technical advice.
``Sec. 422. Working capital fund.
``Sec. 423. Funds transfer.
``Sec. 424. Seal of department.
``Sec. 425. Annual report.
``Sec. 426. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.'';
and
(4) in section 202(b), by inserting after paragraph (2) the
following:
``(3) There shall be in the Department, a Special Assistant
for Gender Equity who shall be appointed by the Secretary.
The Special Assistant shall promote, coordinate, and evaluate
gender equity programs, including the dissemination of
information, technical assistance, and coordination of
research activities. The Special Assistant shall advise the
Secretary and Deputy Secretary on all matters relating to
gender equity.''.
TITLE III--AMENDMENTS TO OTHER ACTS
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.
(a) Grant Amounts.--Section 611(a) of the Individuals with
Disabilities Education Act (referred to in this title as the
``IDEA'') is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum
amount of the grant for which a State is eligible under this
section for any fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in the
State, aged six through 21, who are receiving special
education and related services, as determined under paragraph
(3); and
``(ii) the number of such children in the State, aged three
through five, if the State is eligible for a grant under
section 619; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State'
means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.''; and
(3) in paragraph (5)(A)--
(A) in clause (i)--
(i) by striking ``and the State'' and inserting ``or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 199-- allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of
1965, as in effect the day before the date of the enactment
of the Improving America's Schools Act of 1994, whichever is
greater, if the State''; and
(ii) by inserting ``and'' at the end thereof ;
(B) in clause (ii)--
(i) by striking ``and the State'' and inserting ``or the
combined percentage of such children counted by the Secretary
for the purpose of making fiscal year 1994 allocations under
this section and under subpart 2 of part D of chapter 1 of
title I of the Elementary and Secondary Education Act of
1965, as in effect the day before the date of the enactment
of the Improving America's Schools Act of 1994, whichever is
greater, if the State''; and
(ii) by striking out the semicolon and ``and'' at the end
thereof and inserting in lieu thereof a period; and
(C) by striking out clause (iii).
(b) Amount Received.--Section 611(b) of the IDEA is amended
to read as follows:
``(b)(1) Notwithstanding subsections (a) and (g) of this
section, no State shall receive an amount under this section
for any of the fiscal years 1995 through 1999 that is less
than the combined amount it received for fiscal year 1994
under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 as in effect
the day before the date of the enactment of the Improving
America's Schools Act of 1994, for children with disabilities
aged three through 21.
``(2) If, for fiscal year 1998 or 1999, the number of
children determined under subsection (a)(3) for any State is
less than the total number of children with disabilities,
aged three through 21, counted for such State's fiscal year
1994 grants under this section and under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect the day before the date
of the enactment of the Improving America's Schools Act of
1994, the amount determined under paragraph (1) for such
State shall be reduced by the same percentage by which the
number of such children so declined.
``(3) In any fiscal year in which the amount appropriated
for grants under this section is less, in real dollar terms,
than the amount appropriated in the immediate preceding
fiscal year, the amount for each State under this subsection
will be reduced proportionately.''.
(c) Uses of Funds.--Section 611(c) of the IDEA is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any
State for any fiscal year--
``(A) the State may use up to 25 percent in accordance with
paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent to local educational agencies
and intermediate educational units, in accordance with
subsection (d), for use in accordance with priorities
established under section 612(3).'';
(2) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) From the funds that any State may use under paragraph
(1)(A) for any fiscal year, the State--
``(i) may use 5 percent of the funds received under this
section or $450,000, whichever is greater, for administrative
costs related to carrying out sections 612 and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct services,
subject to subparagraph (B), in accordance with priorities
established under section 612(3); and
``(II) for the administrative costs of monitoring and
complaint investigation, but only to the extent that such
costs exceed the costs of administration incurred during
fiscal year 1985.''.
(d) State Funds.--Section 611(d) of the IDEA is amended to
read as follows:
``(d)(1) From the total amount of funds available for any
fiscal year under subsection (c)(1)(B), the State shall
provide to each local educational agency or intermediate
educational unit an amount that bears the same ratio to such
total amount as the number of children, aged 3 through 21,
determined under subsection (a)(3) for such agency or unit
bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection
(c)(2)(A)(ii) to ensure that each State-owned or State-
operated school or program or State-supported school or
program that received fiscal year 1994 funds under subpart 2
of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 receives, from the
combination of such funds and funds provided under paragraph
(1), an amount equal to--
``(I) the number of children, aged 6 through 21, determined
under subsection (a)(3) for such agency; multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use such funds to ensure that each local
educational agency that received fiscal year 1994 funds under
such subpart for children who had transferred from a State-
owned, State-operated, or State-supported school or program
assisted under such subpart receives, from the combination of
such funds and funds provided under paragraph (1), an amount
for each such child, aged 3 through 21, determined under
subsection (a)(3) for such agency, equal to the per-child
amount the agency received under such subpart for fiscal year
1994.
``(B) For the purpose of subparagraph (A), the number of
children determined under subsection (a)(3) for any State
agency or local educational agency shall not exceed the
number of children aged 3 through 21 for whom such agency
received funds under such subpart for such fiscal year.
``(3) In any fiscal year in which the amount appropriated
for grants under this section is less, in real dollar terms,
than the amount appropriated in the preceding fiscal year,
the amount for each State under this subsection will be
reduced proportionately.''.
(e) Jurisdiction.--Section 611(e)(1) of the IDEA is amended
to read as follows:
``(1) The jurisdictions to which this subsection applies
are Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and Palau
(until the effective date of the Compact of Free Association
with the Government of Palau).''.
(f) Possible Ratable Reduction.--Section 611(g) of the IDEA
is amended to read as follows:
``(g)(1)(A) If the sums appropriated under subsection (h)
for any fiscal year are not sufficient to pay in full the
total of the amounts that all States are eligible to receive
under subsection (a), each such amount shall be ratably
reduced.
``(B) If additional funds become available for making such
payments for any fiscal year, such reduced amounts shall be
increased on the same basis as they were reduced.
``(C) Any State that receives any such additional funds
shall distribute them in accordance with this section, except
that any State that has used funds available under subsection
(c)(2)(A)(ii) for the purposes described in subsection (d)(2)
may--
``(i) deduct, from the amount that it would otherwise be
required to make available to
[[Page 567]]
local educational agencies and intermediate educational
units, the same amount of such additional funds as it so
used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been
reduced and additional funds have not been made available
under paragraph (1) to pay in full the amounts for which all
States are eligible under this section, each State
educational agency shall fix dates by which each local
educational agency or intermediate educational unit shall
report to the State agency the amount of funds available to
it under this section that it estimates it will expend.
``(B) The State educational agency shall, in accordance
with this section, reallocate any funds that it determines
will not be used during the period of availability by such
local educational agencies and intermediate educational
units, and by any such agency or unit to which such funds
would be available if it applied for them under this part, to
such local educational agencies and intermediate educational
units that the State educational agency determines will need,
and be able to use, additional funds to carry out approved
programs.''.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the IDEA is further amended by inserting after
section 614 the following new section:
``TREATMENT OF CHAPTER 1 STATE AGENCIES
``Sec. 614A. (a) For the purpose of making payments under
sections 611 and 619 of this Act, any State agency that
received funds for fiscal year 1994 under subpart 2 of part D
of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 shall be treated as if it were a local
educational agency.
``(b) The State educational agency shall ensure that each
State agency that owns or operates or supports a program or
school for children with disabilities with funds under this
part--
``(1) provides each child with a disability in such school
or program a free appropriate public education in accordance
with this part, including the due process protections of
section 615, as if it were a local educational agency; and
``(2) has on file with the State educational agency an
application that meets the requirements of section 614 that
the Secretary finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a
State agency that is eligible for a payment under this part
by virtue of this section.''.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) Allotments.--Section 684(c) of the IDEA is amended--
(1) by redesignating paragraph (2) as paragraph (5); and
(2) by striking paragraph (1) and inserting paragraphs (1)
through (4) to read as follows:
``(1) Except as provided in paragraphs (3) and (4), from
the funds remaining for each fiscal year after the
reservation and payments under subsections (a) and (b), the
Secretary shall first allot to each State an amount that
bears the same ratio to the amount of such remainder as the
number of infants and toddlers in the State bears to the
number of infants and toddlers in all States.
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1)
among the States in proportion to the relative numbers of
infants and toddlers who--
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 as in effect before the enactment of the Improving
America's Schools Act of 1994.
``(3) Except as provided in paragraph (4), no State shall
receive an amount under this section for any fiscal year that
is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), not including any amounts
allotted under paragraph (2); or
``(B) $500,000.
``(4)(A) No State shall receive an amount under this
section for any of the fiscal years 1995 through 1999 that is
less than the combined amount it received for fiscal year
1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 for children
with disabilities from birth through age two.
``(B) If, for fiscal year 1998 or 1999, the number of
infants and toddlers in any State, as determined under
paragraph (1), is less than the number of infants and
toddlers so determined for fiscal year 1994, the amount
determined under subparagraph (A) for that State shall be
reduced by the same percentage by which the number of those
infants and toddlers so declined.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect beginning in fiscal year 1995.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.
Section 101 of the Stewart B. McKinney Homeless Assistance
Act is amended by striking subtitles A and B of title VII and
inserting the following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for state and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
SEC. 321. STATEMENT OF POLICY.
Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--(1) The Secretary of Education is
authorized to make grants to State educational agencies to
enable each such agency to implement, either directly or
through contracts and grants, a program of literacy training
and academic remediation for adult homeless individuals
within the State, which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and funding recipients under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under title IV of the Job
Training Partnership Act, the Volunteers in Service to
America program under the Domestic Volunteers Service Act,
part C of this title, or the Job Opportunity and Basic Skills
program under the Social Security Act.
``(2) The Secretary of Education shall, in awarding grants
under this section, give special consideration to the
estimates submitted in the application submitted under
subsection (b) and make such awards in whatever amounts he or
she determines would best serve the purposes of this section.
``(b) Application.--Each State educational agency desiring
to receive a grant under this section shall submit to the
Secretary of Education an application at such time, in such
manner, and containing such information as the Secretary may
reasonably require. Each such application shall include an
estimate of the number of homeless individuals in the State
and the number of such individuals expected to be served.
``(c) Authorization of Appropriations.--For the purpose of
carrying out the adult literacy and academic remediation
programs authorized by this section, there are authorized to
be appropriated such sums as may be necessary for each of the
fiscal years 1995 through 1999.
``(d) Definition.--As used in this section, the term
`State' means each of the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau).''.
SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has
equal access to the same free, appropriate public education,
including a public preschool education, as provided to other
children and youth;
``(2) in any State that has a compulsory residency
requirement as a component of its compulsory school
attendance laws or other laws, regulations, practices, or
policies that may act as a barrier to the enrollment,
attendance, or success in school of homeless children and
youth, the State will review and undertake steps to revise
such laws, regulations, practices, or policies to ensure that
homeless children and youth are afforded the same free,
appropriate public education as provided to other children
and youth;
``(3) homelessness alone should not be sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth should have access to the
education and other services that they need to ensure that
they have an opportunity to meet the same challenging State
performance standards to which all students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE
EDUCATION OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is, in accordance
with the provisions of this section, authorized to make
grants to States to carry out the activities described in
subsections (d), (e), (f), and (g).
``(b) Application.--No State may receive a grant under this
section unless the State educational agency submits an
application to the Secretary at such time, in such manner,
and containing or accompanied by such information as the
Secretary may reasonably require.
``(c) Allocation and Reservations.--(1) Subject to
paragraph (2) and section 724(c), from the amounts
appropriated for each fiscal year pursuant to section 726,
the Secretary is authorized to allot to each State an amount
that bears the same ratio to the
[[Page 568]]
amount appropriated in each such year as the amount allocated
under section 1123 of the Elementary and Secondary Education
Act of 1965 to the State in that year bears to the total
amount allocated to all States, except that no State shall
receive less than $100,000.
``(2)(A) The Secretary is authorized to reserve 0.1 percent
of the amount appropriated for each fiscal year pursuant to
section 726 to be allocated by the Secretary among the Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and Palau (until the effective date
of the Compact of Free Association with the Government of
Palau), according to their respective need, as determined by
the Secretary.
``(B)(i) The Secretary is authorized to transfer one
percent of the amount appropriated for each fiscal year under
section 726 to the Department of the Interior for programs
for Indian students served by schools funded by the Secretary
of the Interior, as determined under the Indian Self-
Determination and Education Assistance Act, that are
consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior
shall enter into an agreement, consistent with the
requirements of this part, for the distribution and use of
these funds under terms that the Secretary determines best
meet the purposes of the covered programs. Such agreement
shall set forth the plans of the Secretary of the Interior
for the use of the amounts transferred, including appropriate
goals, objectives, and milestones.
``(3) As used in this subsection, the term `State' shall
not include the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or Palau.
``(d) Activities.--Grants under this section shall be
used--
``(1) to carry out the policies set forth in section 721 in
the State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged children, and homeless
youth that enable such children and youth to enroll in,
attend, and succeed in school, or, if appropriate, in
preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State
educational agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of,
and capacity to respond to, specific problems in the
education of homeless children and youth.
``(e) State and Local Grants.--(1)(A) Subject to
subparagraph (B), if the amount allotted to the State
educational agency for any fiscal year under this subtitle
exceeds the amount such agency received for fiscal year 1990
under this subtitle, such agency shall provide grants to
local educational agencies for purposes of section 723.
``(B) The State educational agency may reserve not more
than the greater of five percent of the amount it receives
under this subtitle for any fiscal year, or the amount such
agency received under this subtitle for fiscal year 1990, to
conduct activities under subsection (f) directly or through
grants or contracts.
``(2) If the amount allotted to a State educational agency
for any fiscal year under this subtitle is less than the
amount such agency received for fiscal year 1990 under this
subtitle, such agency, at its discretion, may provide such
grants or may conduct activities under subsection (f)
directly or through grants or contracts.
``(f) Functions of the Office of Coordinator.--The
Coordinator of Education of Homeless Children and Youth
established in each State shall--
``(1) estimate the number of homeless children and youth in
the State and the number of such children and youth served
with assistance provided under the grants under this
subtitle;
``(2) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the
problems homeless children and youth have in gaining access
to public preschool programs and to public elementary and
secondary schools, the difficulties in identifying the
special needs of such children and youth, any progress made
by the State educational agency and local educational
agencies in the State in addressing such problems and
difficulties, and the success of the program under this
subtitle in allowing homeless children and youth to enroll
in, attend, and succeed in school;
``(3) develop and carry out the State plan described in
subsection (g);
``(4) prepare and submit to the Secretary not later than
October 1, 1997, and on October 1 of every third year
thereafter, a report on the information gathered pursuant to
paragraphs (1) and (2) and such additional information as the
Secretary may require to carry out responsibilities under
this subtitle;
``(5) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth and their
families, including children who are preschool age; and
``(6) develop relationships and coordinate with other
relevant education, child development, or preschool programs
and providers of services to homeless children, homeless
families, and runaway and homeless youth (including domestic
violence agencies, shelter operators, transitional housing
facilities, runaway and homeless youth centers, and
transitional living programs for homeless youth), to improve
the provision of comprehensive services to homeless children
and youth and their families.
``(g) State Plan.--(1) Each State shall submit to the
Secretary a plan to provide for the education of homeless
children and youth within the State, which plan shall
describe how such children and youth are or will be given the
opportunity to meet the same challenging State performance
standards all students are expected to meet, shall describe
the procedures the State educational agency will use to
identify such children and youth in the State and to assess
their special needs, and shall--
``(A) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(B) describe programs for school personnel (including
principals, attendance officers, teachers and enrollment
personnel), to heighten the awareness of such personnel of
the specific needs of runaway and homeless youth;
``(C) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(D) describe procedures that ensure that--
``(i) homeless children have equal access to the same
public preschool programs, administered by the State agency,
as provided to other children; and
``(ii) homeless children and youth who meet the relevant
eligibility criteria are able to participate in Federal,
State, or local before- and after-school care programs;
``(E) address problems set forth in the report provided to
the Secretary under subsection (f)(4);
``(F) address other problems with respect to the education
of homeless children and youth, including problems caused
by--
``(i) transportation issues; and
``(ii) enrollment delays that are caused by--
``(I) immunization requirements;
``(II) residency requirements;
``(III) lack of birth certificates, school records, or
other documentation; or
``(IV) guardianship issues;
``(G) demonstrate that the State and local educational
agencies in the State have developed, and will review and
revise, policies to remove barriers to the enrollment and
retention of homeless children and youth in schools in the
State; and
``(H) contain an assurance that the State educational
agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and
youth are not isolated or stigmatized.
``(2) Each plan adopted under this subsection shall also
show how the State will ensure that local educational
agencies in the State will comply with the requirements of
paragraphs (3) through (9).
``(3)(A) The local educational agency that serves each
homeless child and youth shall, according to the child's or
youth's best interest, either--
``(i) continue the child's or youth's education in the
school of origin--
``(I) for the remainder of the academic year; or
``(II) in any case in which a family becomes homeless
between academic years, for the following academic year; or
``(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) In determining the best interests of the child or
youth under subparagraph (A), the local educational agency
shall comply with the request made by a parent or guardian
regarding school selection unless there is a compelling
reason for not complying with this request.
``(C) For purposes of this paragraph, the term `school of
origin' means the school that the child or youth attended
when permanently housed, or the school in which the child or
youth was last enrolled.
``(D) The choice regarding placement shall be made
regardless of whether the child or youth lives with the
homeless parents or has been temporarily placed elsewhere by
the parents.
``(4) Each homeless child or youth shall be provided
services comparable to services offered to other students in
the school selected according to the provisions of paragraph
(3), including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided
under title I of the Elementary and Secondary Education Act
of 1965 or similar State or local programs, educational
programs for children with disabilities, and educational
programs for students with limited-English proficiency;
``(C) programs in vocational education;
``(D) programs for gifted and talented students; and
``(E) school meals programs.
``(5) Any record ordinarily kept by the school, including
immunization records, academic records, birth certificates,
guardianship records, and evaluations for special services or
programs, of each homeless child or youth shall be
maintained--
``(A) so that the records are available, in a timely
fashion, when a child or youth enters a new school district;
and
``(B) in a manner consistent with section 438 of the
General Education Provisions Act.
[[Page 569]]
``(6) Each local educational agency serving homeless
children and youth that receives assistance under this
subtitle shall coordinate with local social services agencies
and other agencies or programs providing services to such
children or youth and their families, including services and
programs funded under the Runaway and Homeless Youth Act.
``(7)(A) Each local educational agency in a State that
receives a grant under this subtitle shall designate a
homelessness liaison to ensure that--
``(i) homeless children and youth enroll and succeed in the
schools of such agency; and
``(ii) homeless families, children, and youth receive
educational services for which they are eligible, including
preschool programs administered by the local educational
agency, and referrals to health care services, dental
services, mental health services, and other appropriate
services.
``(B) State coordinators and local educational agencies
shall inform school personnel, service providers, and
advocates working with homeless families of the duties of the
liaisons.
``(8) Each State and local educational agency shall review
and revise any policies that may act as barriers to the
enrollment of homeless children and youth in schools selected
in accordance with paragraph (3). In reviewing and revising
such policies, consideration shall be given to issues
concerning transportation, immunization, residency, birth
certificates, school records, and other documentation, and
guardianship. Special attention shall be given to ensuring
the enrollment and attendance of homeless children and youth
who are not currently attending school.
``(9) A State and local eductional agency shall coordinate
with State and local housing agencies responsible for
developing the comprehensive housing affordability strategy.
Consideration shall be given to State and local housing and
shelter policies described in the Comprehensive Housing
Affordability Strategy to minimize educational disruption for
children who become homeless.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION
OF HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--(1) The State educational agency
shall, in accordance with section 722(e) and with amounts
made available to such agency under section 726, make grants
to local educational agencies for the purpose of facilitating
the enrollment, attendance, and success in school of homeless
children and youth.
``(2) Unless otherwise specified, services under paragraph
(1) may be provided through programs on school grounds or at
other facilities. Where services are provided through
programs to homeless students on school grounds, schools may
provide services to other children and youth who are
determined by the local educational agency to be at risk of
failing in, or dropping out of, schools, on an incidental
basis. To the maximum extent practicable, services shall be
provided through existing programs and mechanisms that
integrate homeless individuals with nonhomeless individuals.
``(3) Services provided under this section are not intended
to replace the regular academic program and shall be designed
to expand upon or improve services provided as part of the
school's regular academic program.
``(b) Application.--A local educational agency that desires
to receive a grant under this section shall submit an
application to the State educational agency at such time, in
such manner, and containing or accompanied by such
information as the State educational agency may reasonably
require according to guidelines issued by the Secretary. Each
such application shall include--
``(1) a description of the services and programs for which
assistance is sought and the problems to be addressed through
the provision of such services and programs;
``(2) an assurance that the local educational agency's
combined fiscal effort per student or the aggregate
expenditures of that agency and the State with respect to the
provision of free public education by such agency for the
preceding fiscal year was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the
second preceding fiscal year;
``(3) an assurance that the applicant complies with, or
will use requested funds to come into compliance with,
paragraphs (3) through (9) of section 722(g); and
``(4) a description of policies and procedures that the
agency will implement to ensure that activities carried out
by the agency will not isolate or stigmatize homeless
children and youth.
``(c) Awards.--(1) The State educational agency shall, in
accordance with section 722(g) and with amounts made
available to such agency under section 726, award grants
under this section to local educational agencies submitting
an application under subsection (b) on the basis of the need
of such agencies.
``(2) In determining need under paragraph (1), the State
educational agency may consider the number of homeless
children and youth enrolled in preschool, elementary, and
secondary schools within the area served by the agency, and
shall consider the needs of such children and youth and the
ability of the agency to meet such needs. Such agency may
also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth, as well as the State plan
required by section 722(g);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the agency determines
appropriate.
``(3) Grants awarded under this section shall be for terms
not to exceed three years.
``(d) Authorized Activities.--(1) A local educational
agency may use funds awarded under this section for
activities to carry out the purpose of this subtitle,
including--
``(A) the provision of tutoring and accelerated instruction
and enriched educational services that are linked to the
achievement of the same challenging standards the State
establishes for other children or youth;
``(B) the provision of expedited evaluations of the
strengths and needs of homeless children and youth, including
needs and eligibility for programs and services (such as
educational programs for gifted and talented students,
children with disabilities, and students with limited-English
proficiency, services provided under title I of the
Elementary and Secondary Education Act of 1965 or similar
State or local programs, programs in vocational education,
and school meals programs);
``(C) professional development and other activities for
educators and other school personnel that is designed to
heighten the understanding and sensitivity of such personnel
to the needs of homeless children and youth, the rights of
such children and youth under this Act, and the specific
educational needs of runaway and homeless youth;
``(D) the provision of referral services to homeless
children and youth for medical, dental, mental, and other
health services;
``(E) the provision of assistance to defray the excess cost
of transportation for students pursuant to sections 722(g)(4)
or 722(g)(9), not otherwise provided through Federal, State,
or local funding, where necessary to enable students to
attend the school selected under section 722(g)(3);
``(F) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged
children;
``(G) the provision of before- and after-school, mentoring,
and summer programs for homeless children and youth in which
a teacher or other qualified individual provides tutoring,
homework assistance, and supervision of educational
activities;
``(H) where necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization records, academic
records, guardianship records, and evaluations for special
programs or services;
``(I) the provision of education and training to the
parents of homeless children and youth about the rights of,
and resources available to, such children and youth;
``(J) the development of coordination between schools and
agencies providing services to homeless children and youth,
including programs funded under the Runaway and Homeless
Youth Act;
``(K) the provision of counseling (including violence
prevention counseling), social work, and psychological
services, and referrals for such services;
``(L) activities to address the particular needs of
homeless children and youth that may arise from domestic
violence;
``(M) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2)
to provide services under this subsection;
``(N) the provision of school supplies; and
``(O) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to
attend school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plans
submitted by the State educational agencies under section
722(g), the Secretary shall use a peer review process and
shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of
homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide
support and technical assistance to the State educational
agencies to assist such agencies to carry out their
responsibilities under this subtitle.
``(c) Evaluation and Dissemination.--The Secretary shall
conduct evaluation and dissemination activities of programs
designed to meet the educational needs of homeless elementary
and secondary school students, and may use funds appropriated
under section 726 to conduct such activities.
``(d) Submission and Distribution.--The Secretary shall
require applications for grants under this subtitle to be
submitted to the Secretary not later than the expiration of
the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make
such grants not later than the expiration of the 120-day
period beginning on such date.
``(e) Determination by Secretary.--The Secretary, based on
the information received
[[Page 570]]
from the States and information gathered by the Secretary
under subsection (d), shall determine the extent to which
State educational agencies are ensuring that each homeless
child and homeless youth has access to a free appropriate
public education as described in section 721(1).
``(f) Reports.--The Secretary shall prepare and submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate on the programs and activities
authorized by this subtitle by December 31, 1997, and every
third year thereafter.
``SEC. 725. DEFINITIONS.
``For the purpose of this subtitle, unless otherwise
stated--
``(1) the term `Secretary' means the Secretary of
Education; and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriate $30,000,000 for fiscal year 1995
and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.''.
PART C--IMPACT AID STATUTES
SEC. 331. AMENDMENTS TO PUBLIC LAW 815.
(a) Section 1.--Section 1 of the Act of September 23, 1950
(Public Law 815, 81st Congress; 20 U.S.C. 631) is amended--
(1) by striking the 2nd sentence of subsection (a); and
(2) by amending subsection (b) to read as follows:
``(b) There are authorized to be appropriated to carry out
this Act $12,500,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.''.
(b) Section 2.--Section 2 of such Act is amended to read as
follows:
``SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR PAYMENTS.
``For each fiscal year the Secretary shall distribute the
funds appropriated in accordance with section 1 which shall
be available for carrying out the provisions of sections 5,
9, 10, and 14. The funds provided under section 1 for the
schools serving military dependents and Indian lands shall be
divided equally between section 5 and section 14 of this Act.
Funds provided under section 5 of this Act shall be divided
equally between the priority categories of section 1(a)(1)
and 1(a)(2) of this Act.''.
(c) Section 3.--Section 3 of such Act (20 U.S.C. 633) is
amended to read as follows:
``SEC. 3. ESTABLISHMENT OF PRIORITIES.
``Applications for construction or modification projects
provided for under this Act must be filed by June 30 of the
fiscal year prior to the year in which funds are first
requested. The Secretary shall use the following order of
priority in approving applications under section 5 and funded
in accordance with section 1(a)(1) and section 1(a)(2) of
this Act. The priority of payment of application under
section 1(a)(1) shall be based on the highest percentage of
number of children in need of minimum school facilities. The
priority of payment of applications under section 1(a)(2)
shall be based on the highest percentage of federally
connected students eligible for payment. The Secretary shall
use the priorities stated in this section in approving
applications in the event the funds appropriated under
section 1 of this title and remaining available on any such
date for payment to local educational agencies are less than
the Federal share of the cost of the projects with respect to
which applications have been filed prior to such date (and
for which funds under section 1 have not already been
obligated). Only applications meeting the conditions for
approval under this Act (other than section 6(b)(2)(C)) shall
be considered applications for purposes of the preceding
sentence. Such order of priority shall provide that
applications payments based upon increases in the number of
children residing on, or residing with a parent employed on
property which is party of a low-rent housing project
assisted under the United States Housing Act of 1937 shall
not be approved for any fiscal year until all other
applications under paragraph (2) of subsection (a) of section
5 have been approved for the fiscal year.''.
(d) Section 5.--Section 5 of such Act (20 U.S.C. 635) is
amended to read as follows:
``SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL
EDUCATIONAL AGENCY.
``(a) Subject to the limitations in subsection (c) the
total of the payments to a local educational agency under
this Act may not exceed the sum of--
``(1) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
live on Federal property and have a parent who works on
Federal property multiplied by 100 percent of the average per
pupil cost of constructing minimum school facilities in the
State in which the school district of such agency is
situated;
``(2) the estimated increase, since the base year, in the
number of children determined with respect to such agency who
have a parent who lives on or works on Federal property
multiplied by 50 percent of such cost; and
``(3) In computing for any local educational agency the
number of children in an increase under paragraph (1) or (2),
the estimated number of children described in such paragraph
who will be in the membership of the schools of such agency
at the close of the increase period shall be compared with
the estimated number of such children in average daily
membership of the schools of such agency during the base
year. However, the base year average daily membership shall
be adjusted to exclude the number of children that formed the
basis for previous payments on applications approved 30 or
more years prior to the close of the increased period for the
current application.
``(b) If two of the paragraphs of subsection (a) apply to a
child, the local educational agency shall elect which of such
paragraphs shall apply to such child, except that,
notwithstanding the election of a local educational agency to
have paragraph (2) apply to a child instead of paragraph (1),
the determination of the maximum amount for such agency under
subsection (a) shall be made without regard to such election.
``(c) A local educational agency shall not be eligible to
have any amount included in its maximum by reason of
paragraphs (1), (2), and (3) of subsection (a) unless the
increase in children referred to in such paragraph is at
least 20, and in the case of paragraphs (1), (2), and (3) of
subsection (a), is--
``(1) equal to at least 6 percent of the number of
federally connected children who were in the average daily
membership of the schools of such agency during the base
year, or
``(2) at least 750,
whichever is the lesser.
``(d) Notwithstanding the provisions of subsection (c) of
this section, whenever and to the extent that, in his
judgment, exceptional circumstances exist which make such
action necessary to avoid inequity and avoid defeating the
purposes of the Act, the Secretary may waive or reduce the
minimum number requirement or any percentage requirement or
requirements in subsection (c).
``(e) In determining under this section the total of the
payments which may be made to a local educational agency on
the basis of any application, the total number of children
counted for purposes of paragraph (1) or (2), as the case may
be, of subsection (a) may not exceed--
``(1) the number of children whose membership at the close
of the increase period for the application is compared with
average daily membership in the base period for purposes of
that paragraph, provided that the base year average daily
membership does not include any children which formed the
basis of payment in the applications approved 30 or more
years ago, minus
``(2) the number of such children whose membership at the
close of the increase period was compared with membership in
the base year for purposes of such paragraph under the last
previous application, provided the application was funded
within the last 4 years, if any, of the agency on the basis
of which any payments have been or may be made to that
agency.''.
(e) Section 6.--Section 6 of such Act (20 U.S.C. 636) is
amended by adding at the end the following new subsection:
``(d) If the application has not been funded within the 3-
year period, the local educational agency must recertify
their need to have the application remain active.''.
SEC. 332. REPEAL OF PUBLIC LAW 874.
The Act of September 30, 1950 (Public Law 874, 81st
Congress; 20 U.S.C. 236 et seq.) is hereby repealed.
PART D--AMENDMENTS TO ADULT EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) Section 342(c)(11) of the Adult Education Act is
amended by inserting ``Even Start,'' after ``1963,''.
(b) Section 384(n) is amended by striking ``and 1995'' and
inserting ``1995, and 1996''.
PART E--AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991
SEC. 341. FINDINGS.
Section 201 of the Education Council Act of 1991 (hereafter
in this Act referred to as the ``Act'') is amended--
(1) by amending paragraph (2) to read as follows:
``(2) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of
limited-English proficiency;'';
(2) in paragraph (6)--
(A) by inserting ``writing and reading are both fundamental
to learning, yet writing has been historically neglected in
the schools and colleges, and'' before ``most''; and
(B) by striking the comma before ``have'';
(3) by amending paragraph (10) to read as follows:
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, literature, performing arts,
and foreign languages;'';
(4) by amending paragraph (15) to read as follows:
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school-year in-service programs
through one of the 154 regional sites located in 45 States,
the Commonwealth of Puerto Rico, and in 4 sites that serve
United States teachers teaching in United States dependent
and independent schools;'';
(5) by striking paragraph (17);
(6) by redesignating paragraph (18) as paragraph (17);
(7) in paragraph (17) (as redesignated in paragraph (6)),
by striking the period at the end thereof and inserting a
semicolon; and
[[Page 571]]
(8) by adding at the end the following new paragraphs:
``(18) independent evaluation studies have found the
National Writing Project to be highly cost effective compared
to other professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for
the National Writing Project, the National Writing Project
matched the $1,951,975 in Federal support with $9,485,504 in
matching funds from State, local, and other sources.''.
SEC. 342. NATIONAL WRITING PROJECT.
Section 202 of the Act is amended--
(1) in subsection (d)--
(A) in paragraph (3)--
(i) by striking the subparagraph designation ``(A)''; and
(ii) by striking subparagraph (B); and
(B) by striking paragraph (4);
(2) in subsection (e)--
(A) in the matter preceding subparagraph (A) of paragraph
(1), by striking ``to enable'' and inserting ``to pay the
Federal share of the cost of enabling''; and
(B) by adding at the end the following new paragraph:
``(4) Federal share.--For the purpose of this subsection
the term `Federal share' means, with respect to the costs of
activities assisted under this subsection, 50 percent of such
costs to the elementary or secondary school teacher.'';
(3) by amending subsection (g) to read as follows:
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation of the teacher training programs
assisted under this section. Such evaluation shall specify
the amount of funds expended by the National Writing Project
and each contractor receiving assistance under this section.
The results of such evaluation shall be made available to the
appropriate committees of the Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated
pursuant to the authority of subsection (i) for fiscal year
1994 and the 4 succeeding fiscal years to conduct the
evaluation described in paragraph (1).'';
(4) by amending subsection (h) to read as follows:
``(h) Research and Development Activities.--
``(1) Grants authorized.--From amounts appropriated
pursuant to the authority of subsection (i)(2), the National
Writing Project shall make grants to individuals and
institutions of higher education that either have
participated in a National Writing Project institute or are
institutions designated as National Writing Project sites, to
enable such individuals and institutions to conduct research
activities involving the teaching of writing.
``(2) Application review.--The National Writing Project
shall establish and operate a National Review Board that
shall consist of--
``(A) leaders in the field of research in writing; and
``(B) such other individuals as the National Writing
Project deems necessary.
``(3) Duties.--The National Review Board shall--
``(A) review all applications for assistance under this
subsection; and
``(B) recommended applications for assistance under this
subsection for funding by the National Writing Project.
``(4) Junior researcher priority and funding rule.--(A) In
awarding grants pursuant to paragraph (1), the National
Writing Project shall give priority to awarding such grants
to junior researchers.
``(B) The National Writing Project shall award not less
than 25 percent of the funds received pursuant to subsection
(i)(2) to junior researchers.
``(5) Availability of findings.--The National Writing
Project shall make available to the Secretary and to the
network of National Writing Project sites the findings of the
research conducted pursuant to the authority of paragraph
(1).''; and
(5) in subsection (i)--
(A) in paragraph (1)--
(i) by striking ``1991'' and inserting ``1994''; and
(ii) by striking ``fiscal years 1992 and 1993'' and
inserting ``each of the 4 succeeding fiscal years''; and
(B) by amending paragraph (2) to read as follows:
``(2) Research and development.--In each fiscal year in
which the amount appropriated pursuant to the authority of
paragraph (1) equals or exceeds $10,000,000, there are
authorized to be appropriated $500,000 to carry out the
provisions of subsection (h).''.
PART F--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
SEC. 351. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of Public Law 95-561 (25 U.S.C. 2001 et
seq.) is amended to read as follows:
``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a) The purpose of the standards developed under this
section shall be to afford Indian students being served by a
Bureau funded school with the same opportunities as all other
students to achieve the high goals embodied in the Goals
2000: Educate America Act. Consistent with the provisions of
this section and section 1131 of this part, the Secretary
shall take such actions as are necessary to coordinate
standards developed and implemented under this section with
those in the State plans developed and implemented pursuant
to the Goals 2000: Educate America Act for the States in
which each Bureau funded school operates. In developing and
reviewing these standards and such coordination, the
Secretary shall utilize the findings and recommendations of
the panel established by the Goals 2000: Educate America Act.
``(b) The Secretary, in consultation with the Secretary of
Education, and in consultation with Indian organizations and
tribes, shall carry out or cause to be carried out by
contract with an Indian organization such studies and
surveys, making the fullest use possible of other existing
studies, surveys, and plans, as are necessary to establish
and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies and
surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal eductional opportunity for such children.
``(c)(1) Within 18 months of the date of enactment of this
Act, the Secretary shall revise the minimum academic
standards published in the Federal Register of November 1983
for the basic education of Indian children which are
consistent with subsections (a) and (b) of this section and
section 1131, and shall distribute such revised standards in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within 21
months of the date of enactment of the Elementary and
Secondary Education Act Amendments of 1993, the Secretary
shall establish final standards, distribute such standards to
all the tribes and publish such standards in the Federal
Register. The Secretary shall revise such standards
periodically as necessary. Prior to any revision of such
standards, the Secretary shall distribute such proposed
revision to all the tribes, and publish such proposed
revision in the Federal Register, for the purpose of
receiving comments from the tribes and other interested
parties.
``(2) Such standards shall apply to Bureau schools, and
subject to subsection (f), to contract and grant schools, and
may also serve as a model for educational programs for Indian
children in public schools. In establishing and revising such
standards, the Secretary shall take into account the special
needs of Indian students and the support and reinforcement of
the specific cultural heritage of each tribe. Such standards
shall include a requirement, developed in coordination with
Indian tribes, the affected local school boards, the Indian
Health Service of the Department of Health and Human
Services, the State health departments, and the Centers for
Disease Control and Prevention, on immunization for childhood
diseases, including provisions for in-school immunization,
where necessary.
``(d) The Secretary shall provide alternative or modified
standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of each
school shall be in compliance with the minimum standards
required for accreditation of schools in the State where the
school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local
authority to waive, in part or in whole, the standards
established under subsections (c) and (d), where such
standards are deemed by such body to be inappropriate or ill-
conceived. The tribal governing body or designated school
board shall, within 60 days thereafter, submit to the
Secretary a proposal for alternative standards that takes
into account the specific needs of the tribe's children. Such
revised standards shall be established by the Secretary
unless specifically rejected by the Secretary for good cause
and in writing to the affected tribes or local school board,
which rejection shall be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-
making procedures, shall assist school boards of contract and
grant schools in the implementation of the standards
established under subsection (c) and (d), if the school
boards request that such standards, in part or in whole, be
implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified
standards for the standards established under subsections (c)
and (d) to take into account the needs of the Indian children
and the contract or grant school.
``(2) Within 1 year of the date of the enactment of the
Indian Education Technical Amendments Act of 1985, the Bureau
shall, either directly or through contract with an Indian
organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract schools. Such standards shall yield data results
comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under this
section immediately upon the date of their establishment. No
later than January 1, 1995, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau
and contract and grant schools up to the level required by
the applicable standards established under this section. Such
plan shall include, but not
[[Page 572]]
be limited to, detailed information on the status of each
school's educational program in relation to the applicable
standards established under this section, specific cost
estimates for meeting such standards at each school, and
specific time lines for bringing each school up to the level
required by such standards.
``(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau of
Indian Affairs on or after January 1, 1992, may be closed or
consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection,
except that, in those cases where the tribal governing body,
or the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation,
the requirements of this subsection shall not apply. The
requirements of this subsection shall not apply when a
temporary closure, consolidation, or substantial curtailment
is required by plant conditions which constitute an immediate
hazard to health and safety.
``(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation, or
substantial curtailment of Bureau schools in accordance with
the requirements of this subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is
under active consideration or review by any division of the
Bureau or the Department of the Interior, the affected tribe,
tribal governing body, and designated local school board,
will be notified as soon as such consideration or review
begins, kept fully and currently informed, and afforded an
opportunity to comment with respect to such consideration or
review. When a formal decision is made to close, transfer to
any other authority, consolidate, or substantially curtail a
school, the affected tribe, tribal governing body, and
designated local school board shall be notified at least 6
months prior to the end of the school year preceding the
proposed effective date. Copies of any such notices and
information shall be transmitted promptly to the Congress and
published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the
affected tribe, and the designated local school board
describing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report shall
include a study of the impact of such action on the student
population, with every effort to identify those students with
particular educational and social needs, and to ensure that
alternative services are available to such students. Such
report shall include the description of the consultation
conducted between the potential service provider, current
service provider, parents, tribal representative and the
tribe or tribes involved, and the Director of the Office of
Indian Education Programs within the Bureau regarding such
students. No irreversible action may be taken in furtherance
of any such proposed school closure, transfer to any other
authority, consolidation, or substantial curtailment
(including any action which would prejudice the personnel or
programs of such school) until the end of the first full
academic year after such report is made.
``(5) The Secretary may terminate, contract, transfer to
any other authority, or consolidate or substantially curtail
the operation or facilities of--
``(A) any Bureau funded school that is operated on or after
April 1, 1987,
``(B) any program of such a school that is operated on or
after April 1, 1987, or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297),
only if the tribal governing body approves such action.
``(i) There are hereby authorized to be appropriated such
sums as may be necessary, for academic program costs, in
order to bring all Bureau and contract schools up to the
level required by the applicable standards established under
this section.
``(j)(1) All schools funded by the Bureau of Indian Affairs
shall include within their curriculum a program of
instruction relating to alcohol and substance abuse
prevention and treatment. The Assistant Secretary shall
provide the technical assistance necessary to develop and
implement such a program for students in kindergarten and
grades 1 through 12, at the request of--
``(A) any Bureau of Indian Affairs school (subject to the
approval of the school board of such school);
``(B) any school board of a school operating under a
contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297).
``(2) In schools operated directly by the Bureau of Indian
Affairs, the Secretary shall provide for--
``(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be
developed in consultation with the Indian tribe that is to be
served by such program and health personnel in the local
community of such tribe.
``(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and, where
appropriate, tribal elders and Native healers in such
instructions.
``(k) For purposes of this section, the term `tribal
governing body' means, with respect to any school, the tribal
governing body, or tribal governing bodies, that represent at
least 90 percent of the students served by such school.
``(l)(1)(A) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing--
``(i) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded
school, and
``(ii) applications from any tribe or school board of any
Bureau funded school for--
``(I) a school which is not a Bureau funded school; or
``(II) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 1127.
The Secretary shall give consideration to all of such
factors, but none of such applications may be denied based
primarily upon the geographic proximity of public education.
``(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
``(i) The adequacy of facilities or the potential to obtain
or provide adequate facilities.
``(ii) Geographic and demographic factors in the affected
areas,
``(iii) Adequacy of the applicant's program plans or, in
the case of a Bureau funded school, of projected needs
analysis done either by a tribe or by Bureau personnel.
``(iv) Geographic proximity of comparable public education.
``(v) The stated needs of all affected parties, including
(but not limited to) students, families, tribal governments
at both the central and local levels, and school
organizations.
``(C) The Secretary shall consider with respect to
applications described in subparagraph (A) the following
factors relating to all the educational services available at
the time the application is considered:
``(i) Geographic and demographic factors in the affected
areas.
``(ii) Adequacy and comparability of programs already
available.
``(iii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
``(iv) The history and success of these services for the
proposed population to be served, as determined from all
factors and not just standardized examination performance.
``(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by no later than the date that is 180 days after the
day on which such application is submitted to the Secretary.
``(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an application
by the date described in subparagraph (A), the application
shall be treated as having been approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) may
be submitted to the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be served by)
the school or program that is the subject of the application,
and
``(ii) written evidence of such approval is submitted with
the application.
``(B) Each application described in paragraph (1)(A)--
``(i) shall provide information concerning each of the
factors described in paragraph (1)(B), and
``(ii) may provide information concerning the factors
described in paragraph (1)(C).
``(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A),
the Secretary shall--
``(A) state the objections in writing to the applicant by
no later than the date that is 180 days after the day on
which the application is submitted to the Secretary,
``(B) provide assistance to the applicant to overcome
stated objections, and
``(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
``(5)(A) Except as otherwise provided in this paragraph,
the action which is the subject of any application described
in paragraph (1)(A) that is approved by the Secretary shall
become effective with the commencement of the academic year
succeeding the fiscal year in which the application is
approved, or at an earlier date determined by the Secretary.
``(B) If an application is treated as having been approved
by the Secretary by reason of paragraph (2)(B), the action
that is the subject of the application shall become effective
on the date that is 18 months after the date on which the
application is submitted to the Secretary, or at an earlier
date determined by the Secretary.
``SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of
the Department of Education, and in consultation with Indian
organizations and tribes, shall conduct or cause to be
conducted by contract with an Indian organization, a study of
the costs applicable to boarding arrangements for Indian
students provided in Bureau and contract and
[[Page 573]]
grant schools, for the purpose of establishing national
criteria for such dormitory situations. Such criteria shall
include adult-child ratios, needs for counselors (including
special needs related to off-reservation boarding
arrangements), space, and privacy.
``(b) No later than January 1, 1996, the Secretary shall
propose such criteria, and shall distribute such proposed
criteria to the tribes and publish such proposed criteria in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within eighteen
months of the date of the enactment of this Act, the
Secretary shall establish final criteria, distribute such
criteria to all the tribes, and publish such criteria in the
Federal Register. The Secretary shall revise such criteria
periodically as necessary. Any revisions to the standards
established under this section shall be developed subject to
requirements established under section 1131.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of
their establishment. No later than January 1, 1981, and at
each time thereafter that the annual budget request for
Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed
plan to bring all Bureau and contract boarding schools up to
the criteria established under this section. Such plan shall
include, but not be limited to, predictions for the relative
need for each boarding school in the future, detailed
information on the status of each school in relation to the
criteria established under this section, specific cost
estimates for meeting such criteria at each school, and
specific time lines for bringing each school up to the level
required by such criteria.
``(d)(1) The criteria established under this section may be
waived in the same manner as the standards provided under
section 1121(c) may be waived under section 1121(e).
``(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to
another authority, consolidated or have its program
substantially curtailed for failure to meet the criteria.
``(3) By no later than May 1, 1996, the Secretary shall
submit to the Congress a report detailing the costs
associated with, and the actions necessary for, complete
compliance with the criteria established under this section.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary in order to bring each school up to
the level required by the criteria established under this
section.
``SEC. 1123. REGULATIONS.
``(a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect on January 1, 1987, are
hereby incorporated into this Act and shall be treated as
though such provisions are set forth in this subsection.
Accordingly, such provisions may be altered only by means of
an amendment to this subsection that is contained in an Act
or joint resolution which is enacted into law. To the extent
that such provisions of part 32 do not conform with this Act
or any statutory provision of law enacted before the date of
enactment of this Act, the provisions of this Act and the
provisions of such other statutory law shall govern.
``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of
title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, shall be applied by the Federal Government
and shall not, before July 1, 1989, be amended, revoked, or
altered in any manner. No officer or employee of the
Executive Branch shall have the authority to issue any other
regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts.
To the extent that the provisions of such parts do not
conform with this Act or any statutory provision of law
enacted before the date of enactment of this Act, the
provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall
become effective unless--
``(1) the regulation has been published as a proposed
regulation in the Federal Register,
``(2) an opportunity of no less than 90 days has been
afforded the public to comment on the published proposed
regulation, and
``(3) the regulation has, after such period for public
comment, been published in the Federal Register as a final
regulation.
``(d) For purposes of this section, the term `regulation'
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed
by any officer or employee of the Executive Branch.
``SEC. 1124. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each
Bureau school.
``(b)(1) Except as provided in paragraph (2), on or after
July 1, 1985, no attendance area shall be changed or
established with respect to any such school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been (i)
afforded at least six months notice of the intention of the
Bureau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries. Any
tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the
Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.
``(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted by
the Secretary.
``(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance area
for the program shall be the boundaries of the reservation
served, and those students residing near the reservation
shall also receive services from such program.
``(d) The Bureau of Indian Affairs shall include in the
final rules the requirement that each appropriate education
line officer coordinate and consult with the affected tribes
and relevant school boards in the establishment of such
geographic boundaries.
``SEC. 1125. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all
schools, dormitories, and other facilities operated by the
Bureau or under contract or grant with the Bureau in
connection with the education of Indian children into
compliance with all applicable Federal, tribal, or State
health and safety standards, whichever provide greater
protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal or
State standards), and with section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and with the Americans with
Disabilities Act of 1990, except that nothing in this section
shall require termination of the operations of any facility
which does not comply with such provisions and which is in
use on the date of enactment of this Act.
``(b) By January 1, 1996, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such
facilities into compliance with such standards. Such plan
shall include, but not be limited to, detailed information on
the status of each facility's compliance with such standards,
specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school into
compliance with such standards.
``(c) Within six months of the date of enactment of this
Act, the Secretary shall submit to the appropriate committees
of Congress, and publish in the Federal Register, the system
used to establish priorities for school construction
projects. At the time any budget request for school
construction is presented, the Secretary shall publish in the
Federal Register and submit with the budget request the
current list of all school construction priorities.
``(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially
curtailed, by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and
safety officer of the Bureau determines that such conditions
exist at the Bureau school.
``(2)(A) In making determinations described in paragraph
(1) before July 1, 1989, health and safety officers of the
Bureau shall use the health and safety guidelines of the
Bureau that were in effect on January 1, 1988.
``(B)(i) If--
``(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
``(II) action described in paragraph (1) is taken after
June 30, 1989, and before the date on which such regulations
are published in final form in the Federal Register by reason
of the condition of any plant,
an inspection of the condition of such plant shall be
conducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether
conditions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by no
later than the date that is 30 days after the date on which
the action described in paragraph (1) is taken.
``(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly
by the Secretary and the tribes affected by the action
described in paragraph (1). If the Secretary and such tribes
are unable to agree on the designation of the health and
safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation
to each of such tribes before the inspection is conducted by
such officer.
``(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
that conditions at the plant do not constitute an immediate
hazard to health and safety, any consolidation or curtailment
that was made by reason of conditions at the plant shall
immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(3) If--
``(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason
[[Page 574]]
of plant conditions that constitute an immediate hazard to
health and safety, and
``(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1 year in
duration,
the Secretary shall submit to the Congress, by no later than
the date that is 6 months after the date on which the
closure, consolidation, or curtailment is initiated, a report
which sets forth the reasons for such temporary actions and
the actions the Secretary is taking to eliminate the
conditions that constitute the hazard.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary to carry out subsection (a).
``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary
for Indian Affairs all functions with respect to formulation
and establishment of policy and procedure, and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved with provision of education services by the Bureau,
including (but not limited to) school or institution
custodial or maintenance personnel. The Assistant Secretary
for Indian Affairs shall provide for the adequate
coordination between the affected Bureau Offices and the
Office to facilitate the consideration of all contract
functions relating to education. Except as required by
section 1129(d), nothing in this Act shall be construed to
require the provision of separate support services for Indian
education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with
the first sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions, and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
and curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan--
``(A) for school facilities to be constructed under the
system required by section 1125(c);
``(B) for establishing priorities among projects and for
the improvement and repair of education facilities, which
together shall form the basis for the distribution of
appropriated funds; and
``(C) including a 5-year plan for capital improvements.
``(2) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the
operation and maintenance of education facilities. Such
program shall include, but not be limited to--
``(A) a method of computing the amount necessary for each
education facility;
``(B) similar treatment of all Bureau funded schools;
``(C) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate
education line officers; and
``(D) a system for the conduct of routine preventive
maintenance.
The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or area
directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made in this regard by the
appropriate education line officers, except that no funds
from this program may be authorized for expenditure unless
such appropriate education line officer is assured that the
necessary maintenance has been, or will be, provided in a
reasonable manner. Subject to the requirements of subsection
(b) of this section, nothing in this Act shall be construed
to require the provision of separate operations and
maintenance personnel for the Office.
``(3) The requirements of this subsection shall be
implemented no later than July 1, 1995.
``(e) Any other provision of law notwithstanding, the
Director shall promulgate guidelines for the establishment of
mechanisms for the acceptance of gifts and bequests for the
use of, and benefit of, particular schools or designated
Bureau operated education programs, including, where
appropriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary of
such a gift or bequest, the Director shall make provisions
for monitoring its use, and shall report to the appropriate
committees of Congress the amount and terms of such gift and
bequest, the use to which it is put, and any positive results
achieved by such action.
``(f) For the purpose of this section the term `functions'
includes powers and duties.
``SEC. 1127. ALLOTMENT FORMULA.
``(a) The Secretary shall establish, by regulation adopted
in accordance with section 1139, a formula for determining
the minimum annual amount of funds necessary to sustain each
Bureau funded school. In establishing such formula, the
Secretary shall consider--
``(1) the number of eligible Indian students served and
size of the school;
``(2) special cost factors, such as--
``(A) isolation of the school;
``(B) need for special staffing, transportation, or
educational programs;
``(C) food and housing costs;
``(D) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(E) special transportation and other costs of isolated
and small schools;
``(F) the costs of boarding arrangements, where determined
necessary by a tribal governing body or designated local
school board;
``(G) costs associated with greater lengths of service by
educational personnel; and
``(H) special programs for gifted and talented students;
``(3) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located; and
``(4) such other relevant factors as the Secretary
determines are appropriate.
Upon the establishment of the standards required by sections
1121 and 1122 of this Act, the Secretary shall revise the
formula established under this subsection to reflect the cost
and funding standards so established. Prior to January 1,
1995, the Secretary shall review the formula established
under this section and shall take such steps as may be
necessary to increase the availability of counseling services
for students in off-reservation boarding schools and other
Bureau operated residential facilities. Concurrent with such
action, the Secretary shall review the standards established
under section 1121 of this title to be certain that adequate
provision is made for parental notification regarding, and
consent for, such counseling services.
``(b) Notwithstanding any other provisions of law, Federal
funds appropriated for the general local operation of Bureau
funded schools, shall be allotted pro rata in accordance with
the formula established under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula
established under subsection (a) to--
``(A) use a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school;
``(B) consider a school with an enrollment of less than 50
eligible Indian students as having an average daily
attendance of 50 eligible Indian students for purposes of
implementing the adjustment factor for small schools; and
``(C) take into account the provision of residential
services on a less than 9-month basis at a school when the
school board and supervisor of the school determine that a
less than 9-month basis will be implemented for the school
year involved.
``(2)(A) The Secretary shall reserve for national school
board training 0.2 percent of the funds appropriated for each
fiscal year for distribution under this section. Such
training shall be conducted through the same organizations
through which, and in the same manner in which, the training
was conducted in fiscal year 1992. If the contract for such
training is not awarded before May 1 of each fiscal year, the
contract under which such training was provided for the
fiscal year preceding such fiscal year shall be renewed by
the Secretary for such fiscal year. The agenda for the
training sessions shall be established by the school boards
through their regional or national organizations.
``(B) For each year in which the Secretary uses a weighted
unit formula established under subsection (a) to fund Bureau
schools, a Bureau school which generates less than 168
weighted units shall receive an additional 2 weighted units
to defray school board activities.
``(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of--
``(i) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including but
not limited to, and notwithstanding any other provision of
law, meeting expenses and the cost of membership in, and
support of, organizations engaged in activities on behalf of
Indian education.
``(3)(A) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 2.0 for each
eligible Indian student that--
``(i) is gifted and talented (as determined pursuant to
section 6204 of the Indian Education Act of 1988), and
``(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served
by the school.
``(B) The adjustment required under subparagraph (A) shall
be used for the later of the following fiscal years and for
each fiscal year succeeding such later fiscal year--
``(i) the second fiscal year succeeding the fiscal year in
which the Secretary of Education makes the report required
under section 6204(c)(6)(B) of the Indian Education Act of
1988, or
``(ii) the first fiscal year for which an increase in the
amount of funds appropriated for allotment under this section
is designated by the law that appropriates such
[[Page 575]]
funds as the amount necessary to implement such adjustment
without reducing allotments made under this section to any
school.
``(d) The Secretary shall reserve from the funds available
for distribution for each fiscal year under this section an
amount which, in the aggregate, shall equal 1 percent of the
funds available for such purpose for that fiscal year. Such
funds shall be used, at the discretion of the Director of the
Office, to meet emergencies and unforeseen contingencies
affecting the education programs funded under this section.
Funds reserved under this subsection may only be expended for
education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of
1988). Funds reserved under this subsection shall remain
available without fiscal year limitation until expended.
However, the aggregate amount available from all fiscal years
may not exceed 1 percent of the current year funds. Whenever
the Secretary makes funds available under this subsection,
the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased
pay costs attributable to school level personnel shall be
distributed under this section.
``(f) In this section `eligible Indian student' means a
student who--
``(1) is a member of or is at least a \1/4\ degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by
the United States through the Bureau of Indian Affairs to
Indians because of their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged
tuition for attendance at a Bureau or contract school. A
student attending a Bureau school under clause (2)(C) of this
subsection may not be charged tuition.
``(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student
if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's program for
eligible Indian students because of cost, overcrowding, or
violation of standards,
``(B) the school board consents, and
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near
the school site, or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students. The tuition collected is in
addition to the school's allocation under this section.
``(3) The school board of a contract school or grant school
may permit students who are not eligible Indian students
under this subsection to attend its contract school or grant
school and any tuition collected for those students is in
addition to funding under this section.
``(h)(1) The Secretary shall conduct, through contact or
cooperative agreement with an entity having proven expertise
in the field of school finance, and after consultation with
tribes and national Indian organizations, a study to
determine the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the date of
enactment of this Act to a school based budget system of
financing. The Assistant Secretary shall take such steps as
are necessary to immediately implement this provision.
``(2) For the purposes of this study, the term `school-
based budget system' means a system based upon an initial
determination, at each school site, of the number of students
who shall be served at the site, the needs of those students,
the standards which will best meet those needs (including any
standards or conditions reflecting local community input and
the program developed under this part), the personnel profile
necessary to establish such program and the cost (determined
on an actual basis) of funding such a program. Such a system
would include procedures to aggregate the determinations for
each school site to determine the amount needed to fund all
Bureau-funded schools, to prepare a budget submission based
upon such aggregate and would provide for a mechanism for
distributing such sums as may be appropriated based upon the
determination at each school site.
``(3) No later than January 20, 1996, the Secretary shall
transmit to the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States the study required under this
subsection, along with any views or comments of the Secretary
on such study.
``(i) Any other provision of law notwithstanding, at the
election of the school board made at any time during the
fiscal year, a portion equal to no more than 15 percent of
the funds allocated with respect to a school under this
section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The
Assistant Secretary shall take steps as may be necessary to
implement this provision immediately.
``(j) Tuition for the out-of-State students boarding at the
Richfield Dormitory in Richfield, Utah, who attend Sevier
County high schools in Richfield, Utah, may be paid from the
Indian School Equalization Program funds at a rate not to
exceed the amount per Weighted Student Unit for that year for
instruction. No additional administrative cost funds will be
added to the grant.
``SEC. 1128. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract or grant school in the
amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract schools in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements of law and prudent management practice,
and
``(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other Federal
officers or employees, from resources other than direct
program funds, in support of comparable Bureau operated
programs.
``(2) Amounts appropriated to fund the grants provided
under this section shall be in addition to, and shall not
reduce, the amounts appropriated for the program being
administered by the contract schools.
``(b)(1) The amount of the grant provided to each tribe or
tribal organization under this section for each fiscal year
shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c) does not
apply to other programs operated by the tribe or tribal
organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization, and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal
Government for the portion of grants made under this section
for the costs of administering any program for Indians that
is funded by appropriations made to such other department or
agency.
``(c) For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal
year is equal to the percentage determined by dividing--
``(1) the sum of--
``(A) the amount equal to--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(ii) the minimum base rate, plus
``(B) the amount equal to--
``(i) the standard direct cost base, multiplied by
``(ii) the maximum base rate, by
``(2) the sum of--
``(A) the direct cost base of the tribe or tribal
organization for the fiscal year, plus
``(B) the standard direct cost base.
The administrative cost percentage rate shall be determined
to the \1/100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant
school as grants under this section for tribal elementary or
secondary educational programs may be combined by the tribe
or contract school into a single administrative cost account
without the necessity of maintaining separate funding source
accounting.
``(B) Indirect cost funds for programs at the school which
share common administrative services with tribal elementary
or secondary educational programs may be included in the
administrative cost account described in subparagraph (A).
``(2) Funds received as grants under this section with
respect to tribal elementary or secondary education programs
shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the
amount of any grants otherwise payable to the school under
this section for any fiscal year beginning after the fiscal
year for which the grant is provided.
``(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal
organization under a contract or agreement shall not be taken
into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
``(4) In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act with
respect to an Indian tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract school or a school
operated under the Tribally Controlled Schools Act of 1988,
and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs, and of the indirect costs, that are
associated with operating the contract school, a school
operated under the Tribally Controlled Schools Act of 1988,
and all of such other programs, except that funds
appropriated for
[[Page 576]]
implementation of this section shall be used only to supply
the amount of the grant required to be provided by this
section.
``(e) For purposes of this section--
``(1)(A) The term `administrative cost' means the costs of
necessary administrative functions which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program,
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds, and
``(iii) are either--
``(I) normally provided for comparable Bureau programs by
Federal officials using resources other than Bureau direct
program funds, or
``(II) are otherwise required of tribal self-determination
program operators by law or prudent management practice.
``(B) The term `administrative cost' may include, but is
not necessarily limited to--
``(i) contract (or other agreement) administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) The term `Bureau elementary and secondary functions'
means--
``(A) all functions funded at Bureau schools by the Office
of Indian Education Programs of the Bureau;
``(B) all programs--
``(i) funds for which are appropriated to other agencies of
the Federal Government, and
``(ii) which are administered for the benefit of Indians
through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for
the benefit of Indians, from whatever source derived.
``(3) The term `tribal elementary or secondary educational
programs' means all Bureau elementary and secondary
functions, together with any other Bureau programs or
portions of programs (excluding funds for social services
that are appropriated to agencies other than the Bureau and
are expended through the Bureau, funds for major
subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior
years) which share common administrative cost functions, that
are operated directly by a tribe or tribal organization under
a contract or agreement with the Bureau.
``(4)(A) Except as otherwise provided in this paragraph,
the direct cost base of a tribe or tribal organization for
the fiscal year is the aggregate direct cost program funding
for all tribal elementary or secondary educational programs
operated by the tribe or tribal organization during--
``(i) the second fiscal year preceding such fiscal year, or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the 2 preceding fiscal years,
the first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary
education functions which have not previously been operated
by a tribe or tribal organization under contract or agreement
with the Bureau, the direct cost base for the initial year
shall be the projected aggregate direct cost program funding
for all Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during that
fiscal year.
``(5) The term `maximum base rate' means 50 percent.
``(6) The term `minimum base rate' means 11 percent.
``(7) The term `standard direct cost base' means $600,000.
``(f)(1) Upon the enactment of the Indian Education
Amendments of 1988, the Secretary shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors
substantially affecting the required administrative costs of
tribal elementary and secondary educational programs, using
the formula set forth in subsection (c), and
``(B) a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the smallest tribal elementary or secondary educational
programs,
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the largest tribal elementary or secondary educational
programs, and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base rate
and the minimum base rate, and
``(II) ensure that the amount of the grants provided under
this section will provide adequate (but not excessive)
funding of the administrative costs of tribal elementary or
secondary educational programs closest to the size of the
program.
``(2) The studies required under paragraph (1) shall--
``(A) be conducted in full consultation (in accordance with
section 1130) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection
(c), and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted on-site at a representative statistical
sample of the tribal elementary or secondary educational
programs under a contract entered into with a nationally
reputable public accounting and business consulting firm;
``(C) take into account the availability of skilled labor,
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found
substantially to affect the administrative costs and
efficiency of each such tribal elementary or secondary
educational program studied in order to assure that all
required administrative activities can reasonably be
delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies to
be relevant in such formula;
``(D) identify, and quantify in terms of percentages of
direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a base
administrative cost percentage in such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required administrative
cost functions at any of the tribal elementary or secondary
educational programs studied and determine whether the
factors are of general applicability to other such programs,
and (if so) how they may effectively be incorporated into
such formula.
``(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and
afford an opportunity to participate to, the Inspector
General of the Department of the Interior.
``(4) Determinations described in paragraph (2)(C) shall be
based on what is pragmatically possible to do at each
location studied, given prudent management practice,
irrespective of whether required administrative services were
actually or fully delivered at these sites, or other services
were delivered instead, during the period of the study.
``(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989, the
Secretary shall submit to the Congress a report on the
findings of the studies, together with determinations based
upon such findings that would affect the definitions of terms
used in the formula that is set forth in subsection (c).
``(6) The Secretary shall include in the Bureau's
justification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all
Bureau funded programs which share common administrative cost
functions.
``(g)(1) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out the
provisions of this section.
``(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
determined under subsection (b) for a fiscal year exceeds the
amount of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the amount of
each grant determined under subsection (b) for such fiscal
year by an amount that bears the same relationship to such
excess as the amount of such grant determined under
subsection (b) bears to the total of all grants determined
under subsection (b) for all tribes and tribal organizations
for such fiscal year.
``(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this section
for fiscal year 1989 shall--
``(A) in lieu of being determined under subsection (b), be
determined for each tribal elementary or secondary
educational program on the same basis that indirect costs
were determined for such programs for fiscal year 1988, and
``(B) be subject to the provisions of subsection (d).
``(2) Notwithstanding any other provision of this section,
the amount of the grant provided under this section for
fiscal year 1990 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1990 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1988 (or fiscal year 1989 if such
program was not operated by the tribe or tribal organization
during fiscal year 1988), the sum of--
``(i) such amount received, plus
``(ii) \1/3\ of the excess of--
[[Page 577]]
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/3\ of the excess of--
``(I) such amount received, over
``(II) such amount determined under subsection (b).
``(3) Notwithstanding any other provision of this section,
the amount of the grants provided under this section for
fiscal year 1991 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1991 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1990, the sum of--
``(i) such amount received, plus
``(ii) \1/2\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under subsection (b).
``(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled Schools
Act of 1988.
``SEC. 1129. BUDGET PREPARATION AND SUBMISSION.
``(a) For each fiscal year beginning after October 1, 1994,
and ending before October 1, 1998, the Secretary shall enter
into an interagency agreement with the Secretary of Education
for the purpose of carrying out this section. The Secretary
shall take such actions as are necessary to transfer
information requested by the Secretary of Education or the
entity designated under subsection (b) of this section needed
to carry out this section in a timely and accurate fashion.
``(b) The Secretary of Education, through the National
Center for Education Statistics, shall prepare and submit to
Congress the study set forth in subsection (c) of this
section no later than January 20, 1995, and January 20 of
each of the next 3 succeeding years. The Secretary of
Education shall transmit the report directly and without
substantive amendment to the Secretary of the Interior, the
Assistant Secretary for Indian Affairs of the Department of
the Interior, and the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States.
``(c)(1) The National Center for Educational Statistics
(hereinafter referred to as the `Center') shall prepare for
each of the fiscal years covered under subsection (a) of this
section a report on the amount needed to achieve academic and
residential programs set forth in this part for Bureau-funded
schools funded under section 1127. Such study shall be based
on (A) the standards developed and implemented for Bureau-
funded schools under section 1121 and 1122 of this part or
such other standards as may apply to Bureau-funded contract
schools or schools funded under the Tribally Controlled
Schools Act of 1988, (B) the student count and
characteristics of such schools, as determined pursuant to
the formula developed and implemented pursuant to section
1127 of this part for the preceding academic year, adjusted
for any changes in student demographics which the Center may
project, (C) the employee statistics with respect to such
schools for the preceding fiscal year, and (D) such other
factors as the Center may set forth, including but not
limited to age or physical condition of the schools and
changes in isolation.
``(2) Each study shall include a total projected cost for
attaining the standards set forth under paragraph (1), and
shall presume compliance with those standards. Such study
shall also include a projection of the cost for meeting such
standards for each Bureau-funded school. Such study shall
also include a report on any shortfall in the amount needed
to fund Bureau-funded schools, as determined by the study
conducted pursuant to this section and the appropriations
amount requested and enacted for the period covered by the
study.
``(d)(1) Within 24 months of the date of enactment of this
Act, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division
shall be under the direct supervision and control of the
Director of the Office.
``(2) The Division shall have the capacity to conduct such
studies, surveys, or other activities as are necessary to
gather demographic information on Bureau-funded schools
(current and future) and project the amount necessary to
provide Indian students in such schools the educational
program set forth in this part.
``(3) The Division shall prepare projections on such
amounts, along with such other information as the Director of
the Office shall require, for each fiscal year beginning
after October 1, 1996. The Director of the Office and the
Assistant Secretary for Indian Affairs shall use such reports
when preparing their annual budget submissions.
``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of
this Act, the Secretary shall establish, by regulation
adopted in accordance with section 1139, a system for the
direct funding and support of all Bureau-funded schools. Such
system shall allot funds, in accordance with section 1127.
Amounts appropriated for distribution under this section may
be made available under paragraph (2) or under paragraph (3),
as provided in the appropriation Act.
``(2)(A) For the purpose of affording adequate notice of
funding available pursuant to the allotments made by section
1127, amounts appropriated in an appropriation Act for any
fiscal year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which they
are appropriated without further action by the Secretary, and
shall remain available for obligation through the succeeding
fiscal year.
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, on July 1 preceding the fiscal year for
which the funds are appropriated, allotments to each affected
school made under section 1127 of 85 percent of such
appropriation; and
``(ii) publish, no later than September 30 of such
preceding fiscal year, the allotments to be made under
section 1127 of the remaining 15 percent of such
appropriation, adjusted to reflect actual student attendance.
``(3) Notwithstanding any law or regulation, the supervisor
of a Bureau school may expend an aggregate of no more than
$35,000 of the amount allotted the school under section 1127
to acquire supplies and equipment for the school without
competitive bidding if--
``(A) the cost for any single item purchased does not
exceed $10,000;
``(B) the school board approves the procurement;
``(C) the supervisor certifies that the cost is fair and
reasonable;
``(D) the documents relating to the procurement executed by
the supervisor or other school staff cite this paragraph as
authority for the procurement; and
``(E) the transaction is documented in a journal maintained
at the school clearly identifying when the transaction
occurred, what was acquired and from whom, the prices paid,
the quantities acquired, and any other information the
supervisor or school board considers relevant.
The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
be responsible for the provision of guidelines on the use of
this authority and adequate training on such guidelines.
``(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section 1127
for any fiscal year by more than 7 percent of the amount of
funds available for allotment under such section during the
preceding fiscal year--
``(A) the Secretary may, notwithstanding any other
provision of law, use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated, and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school,
to fund allotments made under section 1127, and
``(B) the Secretary may waive the application of the
provisions of section 1121(h) with respect to the closure or
consolidation of a school, or the curtailment of a program at
a school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 1127
for such fiscal year.
``(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans which
shall be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the
authority to ratify, reject, or amend such financial plan,
and expenditures thereunder, and, on its own determination or
in response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall
provide the appropriate union representative of the education
employees with copies of proposed draft financial plans and
all amendments or modifications thereto, at the same time
they are submitted to the local school board. The supervisor
of the school may appeal any such action of the local school
board to the appropriate education officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should be
overturned. A copy of such statement shall be submitted to
the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appropriate
education officer may, for good cause, overturn the action of
the local school board. The appropriate education officer
shall transmit the determination of such appeal in the form
of a written opinion to such board and to such supervisor
identifying the reasons for overturning such action.
[[Page 578]]
``(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical
assistance and training in the field of education by the
Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the
Bureau, under which control of education programs is intended
to be transferred to such tribe or tribes within a specific
period of time negotiated under such agreement. The Secretary
may approve applications for funding tribal divisions of
education and the development of tribal codes of education
from funds appropriated pursuant to section 104(a) of such
Act.
``(d) In the exercise of its authority under this section,
a local school board may request technical assistance and
training from the Secretary, and he shall, to the greatest
extent possible, provide such services, and make appropriate
provisions in the budget of the Office for such services.
``(e)(1) A financial plan under subsection (b) for a school
may include, at the discretion of the local administrator and
the school board of such school, a provision for a summer
program of academic and support services for students of the
school. Any such program may include activities related to
the prevention of alcohol and substance abuse. The Assistant
Secretary of Indian Affairs shall provide for the utilization
of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds
authorized under the Act of April 16, 1934 (25 U.S.C. 452 et
seq.) and the Indian Education Act may be used to augment the
services provided in each summer program at the option, and
under the control, of the tribe or Indian controlled school
receiving such funds.
``(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office of Indian Education
Programs, shall provide technical assistance and coordination
for any program described in paragraph (1) and shall, to the
extent possible, encourage the coordination of such programs
with any other summer programs that might benefit Indian
youth, regardless of the funding source or administrative
entity of any such program.
``(f)(1) From funds allotted to a Bureau school under
section 1127, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of section
1121(k)), implement any cooperative agreement entered into
between the tribe, the Bureau school board, and the local
public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau
school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
``(A) Academic program and curriculum, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so
accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though
this requirement shall not be construed so as to require
equal expenditures or an exchange of similar services.
``(g) Any other provision of law notwithstanding, where
there is agreement on such action between the superintendent
and school board of a B.I.A. funded school, the product or
result of a project conducted in whole or in major part by a
student may be given to that student upon the completion of
said project.
``(h) Notwithstanding any other provision of law, funds
received by Bureau funded schools under this title shall not
be considered Federal funds for purposes of meeting a match
requirement in any Federal program.
``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
facilitate Indian control of Indian affairs in all matters
relating to education.
``(b)(1) All actions under this Act shall be done with
active consultation with tribes.
``(2) The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation
of all options with respect to potential issues or changes
between the Bureau and all interested parties. During such
discussions and joint deliberations, interested parties
(including, but not limited to, tribes and school officials)
shall be given an opportunity to present issues including
proposals regarding changes in current practices or programs
which will be considered for future action by the Bureau. All
interested parties shall be given an opportunity to
participate and discuss the options presented or to present
other alternatives, with the views and concerns of the
interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for another
course of action. The Secretary shall submit to any Member of
Congress, within 18 days of the receipt of a written request
by such Member, a written explanation of any decision made by
the Secretary which is not consistent with the views of the
interested parties.
``SEC. 1132. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to leave,
pay, and classification, and the sections relating to the
appointment, promotion and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date
of enactment of this Act.
``(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied
at the agency or area level for an education position or who
have applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from
among individuals who have applied at the national level for
an education position and who have expressed interest in
working in an education position anywhere in the United
States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to
subsection (b)(2), in order for a tribal member to be hired
in an education position to teach courses on tribal culture
and language and that subject to subsection (d)(2)(A), a
determination by a school board that such a person be hired
shall be followed by the supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to subsection (c)(1)(A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) The Secretary may authorize the temporary employment
in an education position of an individual who has not met the
certification standards established pursuant to regulations,
if the Secretary determines that failure to do so would
result in that position remaining vacant.
``(d)(1) In prescribing regulations to govern the
appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than
the supervisor of the school) shall be hired by the
supervisor of the school unless there are no qualified
applicants available, in which case the vacant position shall
be filed at the national level from the list maintained
pursuant to subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
superintendent for education of the agency office of the
Bureau in which the school is located, and
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate
agency superintendent for education), the local school board
for the school shall be consulted, and that subject to
subsection (d)(2), a determination by the school board that
such individual should or should not be so employed shall be
followed by the supervisor (or with respect to the position
of supervisor, by the agency superintendent for education);
and
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that, subject to
subsection (d)(3), a determination by such school board that
such individual should or should not be employed shall be
followed by the agency superintendent for education.
``(2)(A) The supervisor of a school may appeal to the
appropriate agency superintendent for education any
determination by the local school board for the school that
an individual be employed, or not be employed, in an
education position in the school (other than that of
supervisor) by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be overturned. A copy of such statement
shall be submitted to the local school board and such board
shall be af-
[[Page 579]]
forded an opportunity to respond, in writing, to such appeal.
After reviewing such written appeal and response, the
superintendent may, for good cause, overturn the
determination of the local school board. The superintendent
shall transmit the determination of such appeal in the form
of a written opinion to such board and to such supervisor
identifying the reasons for overturning such determination.
``(B) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the local school board for the school that
an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy of
such statement shall be submitted to the local school board
and such board shall be afforded an opportunity to respond,
in writing, to such appeal. After reviewing such written
appeal and response, the Director may, for good cause,
overturn the determination of the local school board. The
Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such
superintendent identifying the reasons for overturning such
determination.
``(3) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the agency school board that an individual
be employed, or not be employed, in an education position in
such agency office by filing a written statement describing
the determination and the reasons the supervisor believes
such determination should be overturned. A copy of such
statement shall be submitted to the agency school board and
such board shall be afforded an opportunity to respond, in
writing, to such appeal. After reviewing such written appeal
and response, the Director may, for good cause, overturn the
determination of the agency school board. The Director shall
transmit the determination of such appeal in the form of a
written opinion to such board and to such superintendent
identifying the reasons for overturning such determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's
application whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such
individual's name shall immediately be forwarded to the
Secretary, who shall, as soon as possible but in no event in
more than thirty days, ascertain the accuracy of the
statement made by such individual pursuant to the first
sentence of this subparagraph. If the individual's statement
is found to have been false, such individual, at the
Secretary's discretion, may be disciplined or discharged. If
the individual had applied at the national level for an
education position in the Bureau, if the appointment of such
individual at the local level shall be conditional for a
period of ninety days, during which period the Secretary may
appoint a more qualified individual (as determined by the
Secretary) from the list maintained at the national level
pursuant to subsection (c)(1)(A)(ii) to the position to which
such individual was appointed.
``(5) Except as expressly provided, nothing in this section
shall be construed as conferring upon local school boards,
authority over, or control of, educators.
``(e)(1) In prescribing regulations to govern the discharge
and conditions of employment of educators, the Secretary
shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) educators employed in Bureau schools shall be
notified sixty days prior to the end of the school year
whether their employment contract will be renewed for the
coming year.
``(2) The supervisor of a Bureau school may discharge
(subject to procedures established under paragraph (1)(B) for
cause (as determined under regulations prescribed by the
Secretary) any educator employed in such school. Upon giving
notice of proposed discharge to an educator, the supervisor
involved shall immediately notify the local school board for
the school of such action. A determination by the local
school board that such educator shall not be discharged shall
be followed by the supervisor. The supervisor shall have the
right to appeal such action to the superintendent for
education of the appropriate agency office of the Bureau.
Upon such an appeal, the agency superintendent for education
may, for good cause and in writing to the local school board,
overturn the determination of the local school board with
respect to the employment of such individual.
``(3) Each local school board for a Bureau school shall
have the right (A) to recommend to the supervisor of such
school that an educator employed in the school be discharged,
and (B) to recommend to the superintendent of education of
the appropriate agency office of the Bureau and to the
Director of the Office, that the supervisor of the school be
discharged.
``(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any
personnel action within the purview of this section
respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with
respect to such personnel action, where such a waiver is in
writing deemed to be a necessity by the tribal organization,
except that this shall in no way relieve the Bureau of its
responsibility to issue timely and adequate announcements and
advertisements concerning any such personnel action if it is
intended to fill a vacancy (no matter how such vacancy is
created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including
a Native village (as defined in section 3(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat.
688)); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1139, and which has been delegated by such governing
body the authority to grant a waiver under such subsection
with respect to such personnel action.
``(3) The term `Indian preference laws' means section 12 of
the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any
other provision of law granting a preference to Indians in
promotions and other personnel actions, except that such term
shall not be considered to include section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450e(b); 88 Stat. 2295).
``(g) Subject to the authority of the Civil Service
Commission to determine finally the applicability of chapter
51 of title 5, United States Code, to specific positions and
employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the
applicability or inappli-
cability of such chapter to positions and employees in the
Bureau.
``(h)(1)(A) Except as otherwise provided in this section,
the Secretary shall fix the basic compensation or annual
salary rate for educators and education positions at rates
comparable to the rates in effect under the General Schedule
for individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 is applicable or on
the basis of the Federal Wage System schedule in effect for
the locality.
``(B) By no later than October 28, 1988, the Secretary
shall establish, for contracts for the 1991-1992 academic
year, and thereafter, the rates of basic compensation, or
annual salary rates, for the positions of teachers and
counselors (including dormitory counselors and home-living
counselors) at the rates of basic compensation applicable (on
the date of enactment of such Amendments and thereafter) to
comparable positions in overseas schools under the Defense
Department Overseas Teachers Pay and Personnel Practices Act,
unless the Secretary establishes such rates within such 6-
month period through collective bargaining with the
appropriate union representative of the education employees
that is recognized by the Bureau.
``(C) By no later than October 28, 1988, the Secretary
shall establish the rates of basic compensation or annual
salary rates for the positions of teachers and counselors
(including dormitory and home-living counselors)--
``(i) for contracts for the 1989-1990 academic year, at
rates which reflect \1/3\ of the changes in the rates
applicable to such positions on April 28, 1988, that must be
made to conform the rates to the rates established under
subparagraph (B) for such positions for contracts for the
1991-1992 academic year, and
``(ii) for contracts for the 1990-1991 academic year, at
rates which reflect \2/3\ of such changes.
``(D) The establishment of rates of basic compensation and
annual salary rates by the Secretary under subparagraphs (B)
and (C) shall not preclude the use of regulations and
procedures used by the Bureau before the enactment of the
Indian Education Amendments of 1988 in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(E)(i) Except as provided in clause (ii), the
establishment of rates of basic compensation and annual
salary rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensation of
an educator who was employed in an education position on
October 31, 1979, and who did not make the election under
paragraph (2) of subsection (o).
``(ii) Any individual described in clause (i) may, during
the 5-year period beginning on the date on which the
Secretary establishes rates of basic compensation and annual
salary rates under subparagraph (B), make an irrevocable
election to have the basic compensation rate or annual salary
rate of such individual determined in accordance with this
paragraph.
``(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application
to the individual of the same retirement system and leave
system that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during a
contract period by the end of that contract period.
``(F) The President shall include with the budget submitted
under section 1105 of title 31, United States Code, for each
of the fiscal
[[Page 580]]
years 1990, 1991, and 1992 a written statement by the
Secretary which specifies--
``(i) the amount of funds the Secretary needs to pay basic
compensation and the annual salaries of educators for such
fiscal year, and
``(ii) the amount of funds the Secretary estimates would be
needed to pay basic compensation and the annual salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not
been enacted.
``(2) Each educator employed in an education position in
Alaska shall be paid a cost-of-living allowance equal to 25
per centum of the rate of basic compensation to which such
educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to
exceed 25 per centum of the rate of basic compensation, on
the basis of conditions of environment or work which warrant
additional pay as a recruitment and retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide 1 or
more post differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school, as
compared with the nearest public school, that is either--
``(I) at least 5 percent, or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
The request under this subparagraph shall be deemed granted
as requested at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before
that time it is approved, approved with modification, or
disapproved by the Secretary.
``(ii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post differential authorized by
reason of this subparagraph at the beginning of a school year
after either--
``(I) the local school board requests that it be
discontinued or decreased, or
``(II) the Secretary or the supervisor determines for clear
and convincing reasons (and advises the board in writing of
those reasons) that there is no disparity of compensation
that would affect the recruitment or retention of employees
at the school after the differential is discontinued or
decreased.
``(iii) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the
previous fiscal year and listing the positions contracted
under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to
be covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in
service, from a position under a different leave system to an
education position,
shall be credited for the purpose of the leave system
provided under regulations prescribed pursuant to subsection
(b)(10), with the annual and sick leave to his credit
immediately before the effective date of such election,
transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any
annual leave remaining to the credit of an individual within
the purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) shall not be so
liquidated.
``(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursuant
to subsection (b)(10) shall be transferred to his credit in
the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Civil Service
Commission.
``(l) An educator who voluntarily terminates employment
with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau
shall not be eligible to be employed in another education
position in the Bureau during the remainder of the term of
such contract.
``(m) In the case of any educator employed in an education
position described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred
to in subsection (g)(2) or (g)(3), section 5533 of title 5,
United States Code, relating to dual compensation, shall not
apply to such educator by reason of any such employment
during a recess period for any such receipt of additional
compensation.
``(n) For the purpose of this section--
``(1) The term `education position' means a position in the
Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision or
direction of classroom or other instruction;
``(ii) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
``(iv) support services at, or associated with, the site of
the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs
other than the position for agency superintendent for
education.
``(2) The term `educator' means an individual whose
services are required, or who is employed, in an education
position.
``(o)(1) Subsections (a) through (n) of this section apply
to an educator hired after November 1, 1979 (and to an
educator who elected application under paragraph (2)) and to
the position in which such individual is employed. Subject to
paragraph (2), the enactment of this Act shall not affect the
continued employment of an individual employed on October 31,
1979 in an education position, or such individual's right to
receive the compensation attached to such position.
``(2) Any individual employed in an education position on
October 31, 1979, may, not later than November 1, 1983, make
an irrevocable election to be covered under the provisions of
subsection (a) through (n) of this section.
``(p)(1) An educator who was employed in an education
position on October 31, 1979, who was eligible to make an
election under paragraph (2) of subsection (o) at that time,
and who did not make the election under paragraph (2) of
subsection (o), may not be placed on furlough (within the
meaning of section 7511(a)(5) of title 5, United States Code)
without the consent of such educator for an aggregate of more
than 4 weeks within the same calendar year, unless--
``(A) the supervisor, with the approval of the local school
board (or of the agency superintendent for education upon
appeal under paragraph (2)), of the Bureau school at which
such educator provides services determines that a longer
period of furlough is necessary due to an insufficient amount
of funds available for personnel compensation at such school,
as determined under the financial plan process as determined
under section 1129(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are
placed on furloughs of equal length, except that the
supervisor, with the approval of the local school board (or
of the agency superintendent for education upon appeal under
paragraph (2)), may continue 1 or more educators in pay
status if (i) they are needed to operate summer programs,
attend summer training sessions, or participate in special
activities including (but not limited to) curriculum
development committees, and (ii) they are selected based upon
their qualifications, after public notice of the minimum
qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other
status of the educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate agency superintendent for education any refusal
by the local school board to approve any determination of the
supervisor that is described in paragraph (1)(A) by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should be
approved. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the
superintendent may, for good cause, approve the determination
of the supervisor. The superintendent shall transmit the
determination of such appeal in the form of a written opinion
to such local school board and to the supervisor identifying
the reasons for approving such determination.
``SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1
year after the date of the enactment of the Indian Education
Amendments of 1984, a computerized management information
system, which shall provide information to the Office. Such
information shall include but shall not be limited to--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 1134. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and
submit to all agency and area offices of the Bureau, all
[[Page 581]]
tribal governments, and the appropriate committees of the
Congress, a draft set of education policies, procedures, and
practices for education-related action of the Bureau. The
Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and
practices shall be finalized and promulgated. Thereafter,
such policies, procedures, and practices and their periodic
revisions, shall serve as the foundation for future Bureau
actions in education.
``SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
``SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a detailed plan
to promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior to
actual work assignment.
``SEC. 1137. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems
encountered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current
status of tribally controlled community colleges. The annual
budget submission for the Bureau's education programs shall,
among other things, include (1) information on the funds
provided previously private schools under section 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 458d; 88 Stat. 2216) and recommendations with respect
to the future use of such funds; (2) the needs and costs of
operation and maintenance of tribally controlled community
colleges eligible for assistance under the Tribally
Controlled Community College Assistance Act of 1978 (92 Stat.
1325; 25 U.S.C. 1801 et seq.) and recommendations with
respect to meeting such needs and costs; and (3) the plans
required by section 1121(f), and 1122(c); and 1125(b) of this
Act (25 U.S.C. 2001(f), 2002(c), and 2005(b)).
``(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau school at
least once in every three years. Audits of Bureau schools
shall be based upon the extent to which such school has
complied with its local financial plan under section 1129.
``SEC. 1138. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act,
the Secretary shall prescribe such rules and regulations as
are necessary to insure the constitutional and civil rights
of Indian students attending Bureau schools, including, but
not limited to, their right to privacy under the laws of the
United States, their right to freedom of religion and
expression and their right to due process in connection with
disciplinary actions, suspensions, and expulsions.
``SEC. 1139. REGULATIONS.
``Regulations required to be adopted under sections 1126
through 1138 and any revisions of the standards developed
under section 1121 or 1122 of this Act shall be deemed rules
of general applicability prescribed for the administration of
an applicable program for the purposes of section 431 of the
General Education Provisions Act and shall be promulgated,
submitted for congressional review, and take effect in
accordance with the provisions of such section. Such
regulations shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority upon which such provision is based.
``SEC. 1140. DEFINITIONS.
``For the purpose of this part--
``(1) the term `agency school board' means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill
these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs
of the Department of the Interior;
``(3) the term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988;
``(4) the term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau
operated dormitory for students attending a school other than
a Bureau school;
``(5) the term `contract school' means an elementary or
secondary school or a dormitory which receives financial
assistance for its operation under a contract or agreement
with the Bureau under section 102, 103(a), or 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f, 450h(a), and 458d);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to
be provided by each Bureau school;
``(8) the term `grant school' means a school which is
provided assistance under the Tribally Controlled Schools Act
of 1988;
``(9) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of
federally recognized Indian tribes;
``(10) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State
agency which directly operates and maintains facilities for
providing free public education;
``(11) the term `local school board', when used with
respect to a Bureau school, means a body chosen in accordance
with the laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian children
attending the school, except that in schools serving a
substantial number of students from different tribes, the
members shall be appointed by the governing bodies of the
tribes affected; and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes;
``(12) the term `Office' means the Office of Indian
Education Programs within the Bureau;
``(13) the term `Secretary' means the Secretary of the
Interior;
``(14) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(15) the term `tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (85 Stat. 688) which is recognized as
eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``SEC. 1141. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States
Code, the Secretary may, subject to the approval of the local
school board concerned, accept voluntary services on behalf
of Bureau schools. Nothing in this title shall be construed
to require Federal employees to work without compensation or
to allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer services
under this section is a Federal employee only for purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
``SEC. 1142. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including
laws relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of an
employee employed in an education position for the academic
school-year over the entire twelve month period. Each
educator employed for the academic school-year shall annually
elect to be paid on a twelve month basis or for those months
while school is in session. No educator shall suffer a loss
of pay or benefits, including benefits under unemployment or
other Federal or federally-assisted programs, because of such
election.
``(b) During the course of such year the employee may
change election once.
``(c) That portion of the employee's pay which would be
paid between academic school years may be paid in lump sum at
the election of the employee.
``(d) For the purposes of this section the terms `educator'
and `education position' have the meaning contained in
section 1132(n)(1) and (n)(2) of this title. This section
applies to those individuals employed under the provisions of
section 1132 of this title or title 5, United States Code.
``SEC. 1143. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the
school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employee's
base pay.
``(b) If an employee elects not to be compensated through
the stipend established by this section, the appropriate
provisions of title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 1132 of this title or title 5, United
States Code.
``SEC. 1144. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal
organizations to fund early childhood development programs
that are operated by such tribes, organizations, or
consortia.
``(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the author-
[[Page 582]]
ity of subsection (f) for such fiscal year (less amounts
provided under subsection (e)) as--
``(A) the total number of children under 6 years of age who
are members of--
``(i) such tribe,
``(ii) the tribe that authorized such tribal organization,
or
``(iii) any tribe that--
``(I) is a member of such consortium, or
``(II) authorizes any tribal organization that is a member
of such consortium, bears to
``(B) the total number of all children under 6 years of age
who are members of any tribe that--
``(i) is eligible to receive funds under subsection (a),
``(ii) is a member of a consortium that is eligible to
receive such funds, or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) No grant may be provided under subsection (a)--
``(A) to any tribe that has less than 500 members,
``(B) to any tribal organization which is authorized--
``(i) by only 1 tribe that has less than 500 members, or
``(ii) by 1 or more tribes that have a combined total
membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
``(c)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal
organizations only if the tribe, organization or consortia
submits to the Secretary an application for the grant at such
time and in such form as the Secretary shall prescribe.
``(2) Applications submitted under paragraph (1) shall set
forth the early childhood development program that the
applicant desires to operate.
``(d) The early childhood development programs that are
funded by grants provided under subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care,
``(B) nutrition education,
``(C) health education and screening,
``(D) educational testing, and
``(E) other educational services,
``(2) may include instruction in the language, art, and
culture of the tribe, and
``(3) shall provide for periodic assessment of the program.
``(e) The Secretary shall, out of funds appropriated under
the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in
establishing and maintaining the early childhood development
program.
``(f) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$5,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 1145. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal
departments of education for the purpose of planning and
coordinating all educational programs of the tribe.
``(b) Grants provided under this section shall--
``(1) be based on applications from the governing body of
the tribe,
``(2) reflect factors such as geographic and population
diversity,
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations and
on former Indian reservations in Oklahoma,
``(4) provide for the development of coordinated
educational programs on Indian reservations (including all
preschool, elementary, secondary, and higher or vocational
educational programs funded by tribal, Federal, or other
sources) by encouraging tribal administrative support of all
Bureau funded educational programs as well as encouraging
tribal cooperation and coordination with all educational
programs receiving financial support from State agencies,
other Federal agencies, or private entities,
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel,
students, facilities, and support programs, and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450h) that are in
effect on the date application for such grants are made.
``(c)(1) In approving and funding applications for grants
under this section, the Secretary shall give priority to any
application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department of
education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools, including (but not limited to) the submission to
each applicable agency of a unified application for funding
for all of such schools which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application, and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such
schools is entitled under law,
``(B) includes assurances from the tribal governing body
that the tribal department of education funded under this
section will administer all contracts or grants (except those
covered by the other provisions of this title and the
Tribally Controlled Community College Assistance Act of 1978)
for education programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible,
``(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all
education programs for which funds are provided by contract
or grant to ensure that the programs meet the requirements of
law, and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education of all assets and functions of
the Bureau agency office associated with the tribe, insofar
as those responsibilities relate to education, and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
but when mutually agreeable between the tribal governing body
and the Assistant Secretary, the period in which such
assumption is to occur may be modified, reduced, or extended
after the initial year of the grant.
``(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
``(d) The Secretary shall not impose any terms, conditions,
or requirements on the provision of grants under this section
that are not specified in this section.
``(e) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 1146. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments--
``(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
``(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made no later than
December 1 of the academic year.
``(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
payments to grantees no later than December 1 of the fiscal
year.
``(4) The provisions of the Prompt Payment Act (31 U.S.C.
3901 et seq.) shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.''.
(b) Paragraph (3) is amended by striking ``Paragraphs (1)
and (2)'' and inserting in lieu thereof ``Paragraphs (1),
(2), and (3)'', and is renumbered as paragraph ``(5)''.
SEC. 352. APPLICATION WITH RESPECT TO INDIAN SELF-
DETERMINATION AND EDUCATION ASSISTANCE ACT.
Section 5209(a) of the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2508(a)) is amended to read as follows:
``(a) Certain Provisions To Apply to Grants.--All
provisions of section 5, 6, 7, 104, 105(f), 109, and 111 of
the Indian Self-Determination and Education Assistance Act,
except those provisions relating to indirect costs and length
of contract, shall apply to grants provided under this
part.''.
SEC. 353. PAYMENTS.
Section 5209(e) of Public Law 100-297, the Tribally
Controlled Schools Act of 1988, is amended--
(1) by striking ``the amount of the grant under section
5205 (and the amount of funds referred to in that section),
any payments to be made under section 5208 of this Act,'' and
inserting in lieu thereof: ``a grant authorized to be made
pursuant to this part or any amendment to such grant'';
(2) by striking ``the amount of, or payment of, the
administrative grant'' and inserting in lieu thereof ``an
administrative cost grant''; and
(3) by adding at the end thereof ``and the Equal Access to
Justice Act shall apply to administrative appeals filed after
January 1, 1994, by grantees regarding the Tribally
Controlled Schools Grant and Administrative Cost Grants.''.
SEC. 354. ENDOWMENT FUNDS.
Section 302 of Public Law 95-471, the Tribally Controlled
Community Colleges Assistance Act of 1978, is amended--
[[Page 583]]
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331'';
(2) in subsection (b), by deleting paragraph (1) and
inserting in lieu thereof the following:
``(1) provides for the investment and maintenance of funds
covered by such endowment account under the same conditions
and limitations as are in section 331 of the Higher Education
Act and the regulations implementing such provisions in
effect at the time such funds are invested;''; and
(3) in subsection (b)(3) by striking ``same'' the first
time it appears.
SEC. 355. HIGHER EDUCATION AMENDMENTS OF 1992.
Section 1518 of title XV of the Higher Education Amendments
of 1992 (relating to the Santa Fe Arts Institute) is
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(6) For the purpose of complying with the contribution
requirement in this subsection, the Institute may use funds
or in-kind contributions of real or personal property. For
the purposes of this paragraph, all contributions, in-kind
and real estate, which are on hand as of November 29, 1990,
and which were received after June 2, 1988, but which have
not been included in their entirety in computations under
this section shall be eligible for matching with Federal
funds appropriated in any year.''; and
(2) in subsection (c), by striking paragraph (1) and
inserting in lieu thereof the following:
``(1) Funds in the trust funds described in subsections (a)
and (b) shall be invested under the same conditions and
limitations as are in section 331 of the Higher Education
Act, and the regulations implementing such provisions in
effect at the time such funds are invested.''.
TITLE IV--NATIONAL EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Education
Statistics Act of 1994''.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for
the purpose of collecting such statistics and facts as shall
show the condition and progress of education in the several
States and territories, and of diffusing such information
respecting the organization and management of schools and
school systems and methods of teaching as shall aid the
people of the United States in the establishment and
maintenance of efficient school systems, and otherwise
promote the cause of education throughout the country'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Department's Office of Educational
Research and Improvement continues to perform those crucial
original purposes; and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will
aid in reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and
reporting statistics and information showing the condition
and progress of education in the United States and other
nations in order to promote and accelerate the improvement of
American education.
(c) Definitions.--For the purpose of this title, the term--
(1) ``Assistant Secretary'' means the Assistant Secretary
for Educational Research and Improvement, provided for under
section 202(b)(1)(E) of the Department of Education
Organization Act;
(2) ``Department'' means the Department of Education;
(3) ``institution of higher education'' has the same
meaning given such term in section 1201 of the Higher
Education Act of 1965;
(4) ``local educational agency'' has the same meaning given
such term in section 9101(13) of the Elementary and Secondary
Education Act of 1965;
(5) ``Secretary'' means the Secretary of Education;
(6) ``State educational agency'' has the same meaning given
such term in section 9101(20) of the Elementary and Secondary
Education Act of 1965; and
(7) ``United States'' and ``State'' mean--
(A) other than for the purpose of section 411, each of the
50 States, the District of Columbia, and the Commonwealth of
Puerto Rico; and
(B) for the purpose of section 411, mean the same as in
subparagraph (A) and include Guam, American Samoa, the Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
and the Republic of Palau (until the effective date of the
Compact of Free Association with the Government of Palau).
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Office
of Educational Research and Improvement established under
section 209 of the Department of Education Organization Act,
a National Center for Education Statistics (the ``Center'').
(b) Commissioner and Associate Commissioners.--(1) The
Center shall be headed by a Commissioner of Education
Statistics (the ``Commissioner'') who shall be appointed by
the President, by and with the advice and consent of the
Senate, and who shall--
(A) have substantial knowledge of programs encompassed by
the Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of 4 years, with the terms to expire
every fourth June 21, beginning in 1995.
(2) The Commissioner may appoint such Associate
Commissioners as the Commissioner determines are necessary
and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) Duties.--The duties of the Center are to collect,
analyze, and disseminate statistics and other information
related to education in the United States and in other
nations, including--
(1) collecting, acquiring, compiling (where appropriate, on
a State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in
the United States, including data on--
(A) State and local school reform activities;
(B) student achievement and other educational outcomes at
all levels of education;
(C) out of school youth and adults;
(D) teachers, administrators, counselors, and other
educational personnel at all levels of education, including
the supply and demand for such teachers;
(E) the learning and teaching environment, including the
nature and incidence of violence affecting students, school
personnel, and other individuals participating in school
activities;
(F) violence against teachers and students, and other
indices of school safety;
(G) financing and management of education; and
(H) the socioeconomic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on
the condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting,
to the extent feasible, so as to provide information by
gender, race, socioeconomic status, limited-English
proficiency, and other population characteristics when such
disaggregated information would facilitate educational and
policy decisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational
activities and student achievement in the United States
compared with foreign nations.
(b) Training Program.--The Commissioner may establish a
program to train employees of public and private educational
agencies, organizations, and institutions in the use of the
Center's standard statistical procedures and concepts and may
establish a fellows program to appoint such employees as
temporary fellows at the Center in order to assist the Center
in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) In General.--In carrying out the duties under this
title, the Commissioner may enter into grants, contracts, and
cooperative agreements.
(b) Gathering Information.--(1) The Commissioner may use
the statistical method known as sampling to carry out the
purpose of this title.
(2) The Commissioner may, as the Commissioner considers
appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher
education, libraries, administrators, teachers, students, the
general public, and such other individuals, organizations,
agencies, and institutions as the Commissioner may consider
appropriate; and
(B) by other offices within the Department and by other
Federal departments, agencies, and instrumentalities.
(3) The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with an agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) In order to maximize the effectiveness of Federal
efforts to serve the educational needs of children and youth,
the Commissioner shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.
SEC. 406. REPORTS.
(a) Report on the Condition and Progress of Education.--The
Commissioner shall, no later than June 1 of each year, submit
to the President and the Congress a statistical report
regarding the condition and progress of education in the
United States.
(b) Statistical Reports.--The Commissioner shall issue
regular statistical reports to the President and Congress on
such education topics as the Commissioner determines to be
appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports
on particular education topics.
[[Page 584]]
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) Establishment.--There is established, within the
Center, the Advisory Council on Education Statistics
(referred to in this title as the ``Council'').
(b) Membership.--(1) The Council shall be composed of--
(A) 18 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field, of whom at least--
(i) 3 shall be practicing educators at the preschool,
elementary, or secondary level;
(ii) 3 shall be education policymakers;
(iii) 3 shall be professional statisticians;
(iv) 3 shall be education researchers; and
(v) 3 shall be experts in educational measurement;
(B) 3 individuals representing the general public,
appointed by the Secretary;
(C) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(D) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) The Commissioner shall appoint the presiding officer of
the Council from among the voting members.
(3) Members of the Council appointed under paragraph (1)(A)
shall be appointed for 3-year terms except that, in the case
of initial appointments, the Secretary shall make
appointments for shorter terms to the extent necessary to
avoid the expiration of the terms of more than 6 members in
the same calendar year.
(4)(A) The Council shall meet in public session at the call
of the presiding officer, except that it shall meet--
(i) at least 2 times during each calendar year; and
(ii) in addition, whenever 10 voting members request in
writing that the presiding officer call a meeting.
(B) 11 voting members of the Council shall constitute a
quorum.
(5) The Council shall--
(A) review general policies for the operation of the Center
and shall advise the Commissioner on standards to ensure that
statistics and other information disseminated by the Center
are of high quality and are not subject to partisan political
influence; and
(B) advise the Commissioner and the National Assessment
Governing Board on matters related to the National Assessment
of Education Progress.
(6) The Council shall appoint a staff to enable the Council
to carry out its duties.
SEC. 408. CONFIDENTIALITY.
(a) General.--(1)(A) The Center shall develop and enforce
standards designed to protect the confidentiality of persons
in the collection, reporting, and publication of data under
this section.
(B) This section shall not be construed to protect the
confidentiality of information about institutions,
organizations, and agencies that receive grants from, or have
contracts or cooperative agreements with, the Federal
Government.
(2) No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--(1)(A) No department, bureau, agency,
officer, or employee of the Government, except the
Commissioner in carrying out the purposes of this title,
shall require, for any reason, copies of reports that have
been filed under this title with the Center or retained by
any individual respondent.
(B) Copies of such reports that have been so filed or
retained with the Center or any of its employees,
contractors, or agents shall be immune from legal process,
and shall not, without the consent of the individual
concerned, be admitted as evidence or used for any purpose in
any action, suit, or other judicial or administrative
proceeding.
(C) This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Whoever, being or having been an employee or staff
member of the Department, having taken or subscribed the oath
of office, or having sworn to observe the limitations imposed
by subsection (a)(2), knowingly publishes or communicates any
individually identifiable information (as defined in
paragraph (5)(A)), the disclosure of which is prohibited by
subsection (a)(2), and that comes into such individual's
possession by reason of employment (or otherwise providing
services) under this title, shall be found guilty of a class
E felony and imprisoned for not more than 5 years, or fined
as specified in 18 U.S.C. 3571, or both.
(3) The Commissioner may utilize temporary staff, including
employees of Federal, State, or local agencies or
instrumentalities including local educational agencies, and
employees of private organizations to assist the Center in
performing its responsibilities, but only if such temporary
staff are sworn to observe the limitations imposed by this
section.
(4) No collection of information or data acquisition
activity undertaken by the Center shall be subject to any
review, coordination, or approval procedure except as
required by the Director of the Office of Management and
Budget under the rules and regulations established pursuant
to chapter 35 of title 44, United States Code, except such
collection of information or data acquisition activity may be
subject to review or coordination if the Commissioner
determines that such review or coordination would be
beneficial.
(5) For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about individuals
may be revealed; and
(B) the term ``report'' means a response provided by or
about an individual to an inquiry from the Center and does
not include a statistical aggregation from which individually
identifiable information cannot be revealed.
(6) This paragraph shall not apply to--
(A) the survey required by section 1303(c) of the Higher
Education Amendments of 1986; or
(B) to any longitudinal study concerning access, choice,
persistence progress, or attainment in postsecondary
education.
(7) Any person who uses any data provided by the Center, in
conjunction with any other information or technique, to
identify any individual student, teacher, administrator, or
other individual and who knowingly discloses, publishes, or
uses for a purpose other than a statistical purpose, or who
otherwise violates subsection (a)(2)(A) or (B), shall be
found guilty of a class E felony and imprisoned for not more
than 5 years, or fined as specified in section 3571 of title
18 of the United States Code, or both.
(8) Nothing in this section shall restrict the right of the
Secretary, the Comptroller General of the United States, the
Director of the Congressional Budget Office, and the
Librarian of Congress to gain access to any reports or other
records, including information identifying individuals, in
the Center's possession, except that the same restrictions on
disclosure that apply to the Center under subsection (b)(1)
and (7) shall apply.
SEC. 409. DISSEMINATION.
(a) General Requests.--(1) The Center may furnish
transcripts or copies of tables and other statistical records
and make special statistical compilations and surveys for
State and local officials, public and private organizations,
and individuals.
(2) The Center shall provide State and local educational
agencies opportunities to suggest the development of
particular compilations of statistics, surveys, and analyses
that would assist such educational agencies.
(b) Congressional Requests.--The Center shall furnish such
special statistical compilations and surveys as the Congress
may request.
(c) Joint Statistical Projects.--The Secretary may engage
in joint statistical projects related to the purposes of this
Act or other statistical purposes authorized by law with
nonprofit organizations or agencies, and the cost of such
projects shall be shared equitably as determined by the
Secretary.
(d) Fees.--(1) Statistical compilations and surveys under
this section, other than those carried out pursuant to
subsections (b) and (c), may be made subject to the payment
of the actual or estimated cost of such work.
(2) All funds received in payment for work or services
described in this paragraph shall be deposited in a separate
account that may be used to pay directly the costs of such
work or services, to repay appropriations that initially bore
all or part of such costs, or to refund excess sums when
necessary.
(e) Access.--(1) The Center shall cooperate with other
Federal agencies having a need for educational data in
providing access to educational data received by the Center.
(2) The Center shall, in accordance with such terms and
conditions as the Secretary may prescribe, provide all
interested parties, including public and private agencies and
individuals, direct access to data collected by the Center
for the purposes of research and acquiring statistical
information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
The Commissioner shall establish 1 or more national
cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the
States, comparable and uniform information and data on
elementary and secondary education, postsecondary education,
and libraries that are useful for policymaking at the
Federal, State, and local levels. In carrying out this
section, the Commissioner may provide technical assistance
and make grants and enter into contracts and cooperative
agreements.
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The Commissioner shall, with the advice
of the Council established by section 407, carry out, through
grants, contracts, or cooperative agreements with 1 or more
qualified organizations, or consortia thereof, a National
Assessment of Educational Progress (the ``National
Assessment'').
(b) Purpose; Contents.--(1) The purpose of the National
Assessment is to provide a fair and accurate presentation of
educational achievement in reading, writing, and other
subjects that are included in National Education Goal Three.
(2) The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce data
that are representative on a national and regional basis and
on a State basis pursuant to paragraph (3). In addition, the
Commissioner shall--
(A) collect and report data on a periodic basis, but at
least once every 2 years, on students at ages 9, 13, and 17
and in grades 4, 8, and 12 in public and private schools;
[[Page 585]]
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(3)(A)(i) The Commissioner, in carrying out the National
Assessment, may conduct State assessments of student
achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and
at each grade level shall be conducted on a trial basis.
(B)(i) States wishing to participate in State assessments
shall enter into an agreement with the Secretary pursuant to
subsection (d)(2).
(ii) Such agreement shall contain information sufficient to
give States full information about the process for consensus
decisionmaking on objectives to be tested, and of the
standards for sampling, test administration, test security,
data collection, validation, and reporting.
(C) A participating State shall review and give permission
for the release of results from any test of its students
administered as a part of a State assessment prior to the
release of such data. Refusal by a State to release its data
shall not restrict the release of data from other States that
have approved the release of such data.
(4) In carrying out the National Assessment, the
Commissioner shall not collect any data that are not directly
related to the appraisal of educational performance,
achievement, and traditional demographic reporting variables,
or to the fair and accurate presentation of such information.
(5) In carrying out the National Assessment, the
Commissioner may provide technical assistance to States,
localities, and other parties.
(c) Access.--(1) Except as provided in paragraph (2), the
public shall have access to all data, questions, and test
instruments of the National Assessment.
(2)(A) The Commissioner shall ensure that all personally
identifiable information about students, their educational
performance, and their families, and that information with
respect to individual schools, remains confidential, in
accordance with section 552a of title 5, United States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public for
a period, not to exceed 10 years after initial use, cognitive
questions that the Commissioner intends to reuse in the
future.
(C)(i) The Commissioner may, upon the request of a State
educational agency or a local educational agency, in a
limited number of cases and on a trial basis, make National
Assessment test instruments available for assessing aggregate
student achievement at the local educational agency level.
(ii)(I) Participation by a local educational agency shall
be voluntary.
(II) A State requesting the participation of a local
educational agency must accompany this request with a
statement of full written concurrence by such agency and that
such agency is requesting to participate in the local
assessment.
(iii) Before receiving such instruments, an agency shall
provide the Commissioner with assurances that confidentiality
and security requirements and testing protocols, prescribed
by the Commissioner, will be complied with in the use of such
instruments.
(d) Participation.--(1) Participation in the national and
regional assessments by State and local educational agencies
shall be voluntary.
(2) Participation in assessments made on a State basis
shall be voluntary. The Commissioner shall enter into an
agreement with any State that desires to carry out an
assessment for the State under this subsection. Each such
agreement shall contain provisions designed to ensure that
the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
participation.
(3)(A) For each fiscal year, the non-Federal share for the
purpose of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample, including
the analysis and reporting of the data;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2).
(B) The non-Federal share of payments under this paragraph
may be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe
the manner in which, the costs of administering the
assessment to private nonprofit schools included in the State
sample may be met.
(4) The implementation of subparagraph (C) of paragraph (2)
of subsection (d) shall involve no cost to the Federal
Government.
(e) Student Performance Levels.--(1) The National
Assessment Governing Board established under section 412,
working with the Assistant Secretary, shall develop
appropriate student performance levels for each age and grade
in each subject area to be tested under the National
Assessment.
(2) The Commissioner, with the advice of the Council, shall
establish rigorous standards for the evaluation of such
levels.
(3)(A) Such levels shall be--
(i) devised through a national consensus approach,
providing for active participation of teachers, curriculum
specialists, local school administrators, parents, and
concerned members of the general public;
(ii) used on a trial basis until the Commissioner
determines, through an evaluation under subsection (f), that
such levels meet the standards under paragraph (2) and are
reasonable, valid, and informative to the public; and
(iii) updated as appropriate.
(B) In using such levels on a trial basis, the Commissioner
and the Board may only issue reports on such levels separate
and apart from the regular reports on the National Assessment
and State assessments.
(4) After determining that such levels are reasonable,
valid and informative, the Commissioner may use such levels
or other methods or indicators for reporting results of the
National Assessment and State assessments.
(f) Review of National and State Assessments.--(1) The
Commissioner shall provide for continuing reviews by the
National Academy of Education or the National Academy of
Sciences of the National Assessment, State assessments, local
educational agency assessments, and student performance
levels. Such reviews shall address whether each trial state
assessment is properly administered, produces high quality
data that is valid and reliable, produces data on student
achievement that is not otherwise available to the State
exclusive of data comparing participating States to each
other and the Nation, and is a cost-effective method of
producing the data. The Commissioner shall also carry out
evaluation studies by the Center and solicitation of public
comment on the conduct and usefulness of the National
Assessment. The Commissioner shall report to the Congress,
the President, and the Nation on the findings and
recommendations of such reviews.
(2) The Commissioner shall consider the findings and
recommendations in designing the competition to select the
organization, or organizations, through which the Office
carries out the National Assessment.
(g) Coverage Agreements.--(1) The Secretary and the
Secretary of Defense may enter into an agreement, including
such terms as are mutually satisfactory, to include in the
National Assessment the defense dependents education system
established under the Defense Dependents' Education Act of
1978.
(2) The Secretary and the Secretary of the Interior may
enter into an agreement, including such terms as are mutually
satisfactory, to include in the National Assessment schools
for Indian children operated or supported by the Bureau of
Indian Affairs.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) Establishment.--There is established the National
Assessment Governing Board (the ``Board'') which shall
formulate policy guidelines for the National Assessment, as
provided in subsection (e).
(b) Membership.--(1) The Board shall be appointed by the
Secretary and shall be composed of--
(A) 2 Governors, or former Governors, who shall not be
members of the same political party;
(B) 2 State legislators, who shall not be members of the
same political party;
(C) 2 chief State school officers;
(D) 1 member of a State board of education;
(E) 1 superintendent of a local educational agency;
(F) 1 member of a local board of education;
(G) 3 classroom teachers representing the grade levels at
which the National Assessment is conducted;
(H) 1 representative of business or industry;
(I) 2 curriculum specialists;
(J) 3 testing and measurement experts;
(K) 1 nonpublic school administrator or policymaker;
(L) 2 school principals, one of whom is an elementary
school principal and the other of whom is a secondary
principal; and
(M) 4 additional members who are representatives of the
general public, including parents.
(2) The Assistant Secretary for Educational Research and
Improvement shall serve an an ex officio and nonvoting member
of the Board.
(3) In making appointments under this subsection and
filling vacancies under subsection (d), the Secretary shall
ensure that the membership of the Board reflects regional,
racial, gender, and cultural diversity and balance.
(c) Terms.--(1) Terms of service of members of the Board
shall be staggered and may not exceed a period of 3 years, as
determined by the Secretary.
(2) Members of the Board may serve not more than two
consecutive terms.
(3) A member of the Board who changes status under
subsection (b) during the term of the appointment of the
member may continue to serve as a member until the expiration
of such term.
(d) Vacancies.--The Secretary shall appoint new members to
fill vacancies on the Board--
(1) after soliciting recommendations from a wide variety of
organizations, including those representing the types of
individuals listed in subsection (b)(1); and
(2) in a manner which maintains the composition, diversity
and balance of the Board required under subsection (b).
(e) Duties.--(1) The Board, working with the Assistant
Secretary, shall develop--
(A) appropriate student performance levels as provided in
section 411(e);
[[Page 586]]
(B) assessment objectives and test specifications through a
national consensus approach which includes the active
participation of teachers, curriculum specialists, local
school administrators, parents, and concerned members of the
public;
(C) guidelines for analysis plans and for reporting and
disseminating National Assessment results; and
(D) recommendations for actions needed to improve the form
and use of the National Assessment.
(2) The Board, working with the Commissioner, shall take
steps to ensure that all items selected for use in the
National Assessment are free from racial, cultural, gender,
or regional bias.
(3) In carrying out the duties required by paragraph (1),
the Board shall seek technical advice, as appropriate, from
the Commissioner and the Advisory Council on Education
Statistics.
(4) Within 90 days following an evaluation of the student
performance levels under section 411(f), the Board shall make
a report to the Secretary of Education, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Labor and Human Resources of the Senate
describing the steps the Board is taking to respond to each
of the recommendations contained in such evaluation.
(f) Personnel.--(1) The Secretary may appoint, at the
request of the Board, such staff as will enable the Board to
carry out its responsibilities under subsection (e)(1).
(2) Such appointments may include, for terms not to exceed
3 years and without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, not more than 6 technical employees who may be paid
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification
and General Schedule pay rates.
(g) Coordination.--The Commissioner and the Board shall
meet periodically to ensure coordination of their duties and
activities relating to the National Assessment.
(h) Administration.--(1) Sections 10, 11, and 12 of the
Federal Advisory Committee Act are the only sections of such
Act that shall apply with respect to the Board.
(2)(A) No member or employee of the Board, in the course of
the official duties of such member or employee, may engage in
activities designed to directly or indirectly influence
legislation which is or may be considered by the Congress,
except in instances where a representative of the Board has
been invited to provide testimony before a committee of the
Congress.
(B) Any member or employee of the Board who knowingly
engages in the conduct prohibited by subparagraph (A) may be
subject to either confinement for a period not to exceed 6
months or a fine not to exceed $10,000, or both.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
(1) There are authorized to be appropriated to carry out
this title (except section 412), $103,200,000 for fiscal year
1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
(2) There are authorized to be appropriated to carry out
section 412 $2,000,000 for each of the fiscal years 1995 and
1996.
TITLE V--MISCELLANEOUS
SEC. 501. EVALUATION OF FEDERAL EFFORTS TO ASSIST IN SCHOOL
REFORM.
(a)(1) In collaboration with the national assessment
conducted pursuant to title I of the Elementary and Secondary
Education Act as amended by this Act, the Secretary of
Education shall conduct a comprehensive evaluation of how the
Federal Government has assisted the States to reform their
educational systems through the various education laws
enacted during the 103d Congress.
(2) Such evaluation shall encompass the changes made in
Federal programs pursuant to this Act as well as in any other
law enacted during this Congress amending a Federal program
assisting pre-elementary, elementary, or secondary education.
In addition, such evaluation shall encompass new initiatives
enacted into law, such as the Goals 2000: Educate America
Act, and the School-to-Work Opportunities Act and shall be
coordinated with evaluations of such Acts.
(b)(1) This evaluation shall include a comprehensive review
of these laws and programs to determine their overall effect
on--
(A) the readiness of children for schooling,
(B) the improvement in educational attainment of students
in elementary and secondary education, and
(C) the improvement in skills needed by students to obtain
employment upon completion of high school or further
education.
(2) This evaluation shall also include a comprehensive
review of these programs to determine their overall effect--
(A) on school reform efforts undertaken by States,
(B) on efforts by States to adopt educational standards to
improve schooling for all children, to align their curricula,
teacher training, and assessments with such standards, and to
bring flexibility to the rules governing how education is to
be provided, and
(C) on student populations who have been the traditional
beneficiaries of Federal assistance to determine whether
their educational attainment has been improved through these
changes.
(3) This evaluation shall also evaluate how the National
Assessment Governing Board, the Advisory Council on Education
Statistics, the National Education Goals Panel, the National
Education Statistics and Improvement Council and any other
Board established to analyze, address, or approve standards
and assessments coordinates, interacts, and/or duplicates
efforts to assist the States to reform their educational
systems.
(4) This evaluation shall also include a review of these
laws and programs in such detail as the Secretary deems
appropriate and may involve cooperation with other Federal
departments and agencies in order to incorporate their
evaluations and recommendations.
(c)(1) The Secretary shall appoint an independent panel to
review the plan for this evaluation, to advise on its
progress, and to comment, if it so wishes, on the final
report. The panel shall not be subject to the Federal
Advisory Committee Act.
(2) The Secretary shall submit this report by January 1,
1998, to the Committee on Education and Labor of the United
States House of Representatives and to the Committee on Labor
and Human Resources.
SEC. 502. STUDY OF THE EFFECTIVENESS AND IMPACT OF FEDERAL
CATEGORICAL AID PROGRAMS.
(a) Study.--In addition to the national assessment
conducted pursuant to section 1501 of the Elementary and
Secondary Education Act of 1965, as amended by section 101 of
this Act, the Secretary of Education shall conduct a
comprehensive study of the effectiveness of other Federal
categorical aid programs and the administrative impact of
such programs on schools and local educational agencies.
(b) Contents.--Such study shall--
(1) examine the effectiveness of elementary and secondary
school categorical programs, including those authorized in
this Act and elsewhere, in improving the educational
achievement of participating students;
(2) encompass an in-depth evaluation of the administrative
impact of the broad range of categorical programs on
participating schools and local educational agencies;
(3) include a comprehensive review of the programs to
determine their effect on--
(A) the improvement in educational achievement of
participating students;
(B) school and local educational agencies' administrative
responsibilities and structure, including the use of local
and State resources, with particular attention to schools and
agencies serving a high concentration of disadvantaged
students; and
(C) overall school reform efforts, including efforts
undertaken by States and encouraged by Federal laws, such as
the Goals 2000: Educate America Act;
(4) evaluate the effect of Federal categorical programs at
the elementary and secondary levels on the proliferation of
State categorical education aid programs and regulations, and
the impact on student achievement and school and local
educational agency administrative responsibilities and
structure; and
(5) examine the effect of waivers on categorical program
requirements and other flexibility provisions in this Act,
the School-to-Work Opportunities Act, and the Goals 2000:
Educate America Act on improvement in educational achievement
of participating students and on school and local educational
agency administrative responsibilities, structure, and
resources.
(c) Panel.--The Secretary shall appoint an independent
panel to review the plan for the study, to advise on the
progress of the study, and to comment, if it so wishes, on
the final report.
(d) Report.--The Secretary shall submit the report not
later than January 1, 1997, to the Committee on Education and
Labor of the House of Representatives, to the Senate
Committee on Labor and Human Resources, and to the Labor,
Health and Human Services, and Education Subcommittees of the
House and Senate Appropriations Committees.
SEC. 503. BUDGET COMPLIANCE.
Any authority or requirement to make funds available under
this Act shall be effective only to the extent provided in
appropriations Acts.
The bill, as amended, was ordered to be engrossed and read a third
time, was read a third time by title.
The question being put, viva voce,
Will the House pass said bill?
The SPEAKER pro tempore, Mr. HUGHES, announced that the yeas had it.
The question being put, viva voce,
Will the House pass said bill?
Mr. GOODLING demanded a recorded vote on passage of said bill, which
demand was supported by one-fifth of a quorum, so a recorded vote was
ordered.
The vote was taken by electronic device.
It was decided in the
Yeas
289
<3-line {>
affirmative
Nays
128