Student Results Act of 1999

TABLE OF CONTENTS:

Title I: Student Results

Part A: Basic Program

Part B: Education of Migratory Children

Part C: Neglected or Delinquent Youth

Part D: General Provisions

Part E: Comprehensive School Reform

Title II: Magnet Schools Assistance and Public School Choice

Title III: Teacher Liability Protection

Title IV: Indian, Native Hawaiian, and Alaska Native

Education

Subtitle A: Elementary and Secondary Education Act of

1965

Part B (Sic): Native Hawaiian Education

Part C: Alaska Native Education

Subtitle B: Amendments to the Education Amendments of

1978

Subtitle C: Tribally Controlled Schools Act of 1988

Title V: Gifted and Talented Children

Title VI: Rural Education Assistance

Title VII: McKinney Homeless Education Improvements Act of

1999

Title VIII: Schoolwide Program Adjustment

Title IX: Education of Limited English Proficient Children

and Emergency Immigrant Education

Student Results Act of 1999 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise, and reauthorize through FY 2004, various ESEA programs.

Title I: Student Results - Part A: Basic Program - Revises and retitles title I of ESEA as Helping Low-Achieving Children Meet High Standards (currently, Helping Disadvantaged Children Meet High Standards).

(Sec. 102) Sets forth a revised statement of purpose and intent.

(Sec. 103) Extends through FY 2004 the authorization of appropriations for ESEA title I programs of: (1) local educational agency (LEA) grants (part A); (2) education of migrant children (part C); and (3) prevention and intervention programs for youth who are neglected, delinquent, or at risk of dropping out (part D).

Extends through FY 2002 (but phases out in decreasing amounts) the authorization of appropriations for a program of payments for certain capital expenses (including those of private schools renting neutral sites to deliver title I educational services).

Revises requirements relating to authorized State reservation of funds for school improvement.

Allows States to reserve specified portions of title I funds to carry out administrative duties. Authorizes appropriations through FY 2004 for additional State administration grants.

(Sec. 104) Repeals specified requirements relating to reservation and allocation of funds for school improvement.

(Sec. 105) Revises title I part A (Improving Basic Programs operated by Local Educational Agencies) requirements for State plans.

Sets forth requirements for implementing challenging content and student performance standards, yearly student assessments, and accountability standards.

Requires students who have attended school in the United States for at least three consecutive years to be assessed in the English language.

Sets forth requirements for annual State and LEA report cards.

(Sec. 106) Revises requirements for LEA plans. Sets forth requirements for parental notification and consent for English language instruction.

(Sec. 107) Revises requirements for eligible school attendance areas. Permits school districts to give priority to elementary schools.

(Sec. 108) Revises requirements for schoolwide programs. Provides that schoolwide programs are not required to maintain separate fiscal accounting records when State and LEA funds are combined with Federal education funds.

Allows schools eligible for schoolwide programs to use title I funds for prekindergarten programs for three-, four-, and five-year old children, such as Even Start programs.

(Sec. 109) Revises requirements for targeted assistance schools.

(Sec. 110) Revises requirements for public school choice for targeted assistance schools. Allows title I funds to be used for transportation services.

(Sec. 111) Establishes requirements relating to public school safety and family school choice. Requires an LEA to allow a student to attend another public school or public charter school selected by the student's parent, if: (1) the student becomes a victim of a violent criminal offense while in or on the grounds of a public school that the student attends and that receives part A assistance; and (2) the student is eligible to be served under a targeted assistance program or attends a school eligible for a schoolwide program. Authorizes an LEA, if the public school that a student attends and that receives part A assistance has been designated as an unsafe public school, to allow such student to attend another public school or public charter school selected by the student's parent. Requires SEA determinations of what actions constitute a violent criminal offense and which schools are unsafe public schools.

(Sec. 112) Revises requirements for assessment and LEA and school improvement.

(Sec. 113) Revises requirements for State assistance for school support and improvement.

(Sec. 114) Establishes an academic achievement awards program to recognize and financially reward schools that have substantially closed the achievement gap and made outstanding yearly progress for two consecutive years.

(Sec. 115) Revises requirements for parental involvement.

(Sec. 116) Sets forth required qualifications and duties for teachers and paraprofessionals in title I schools.

(Sec. 117) Revises requirements for professional development activities.

Includes among required activities any strategies for identifying and eliminating gender and racial bias in instructional materials, methods, and practices. Includes among optional activities instruction in: (1) ways teachers, principals, and guidance counselors can work with parents and students from groups, such as females and minorities, that are underrepresented in careers in mathematics, science, engineering, and technology, to encourage and maintain student interest in such careers; and (2) gender-equitable methods, techniques, and practices.

(Sec. 118) Revises requirements for participation of children enrolled in private schools in title I services. Revises a formula for allocation of funds. Sets forth consultation and documentation requirements. Permits a bypass option for third party providers.

(Sec. 119) Includes among coordination requirements for LEAs the linking of LEA educational services with those provided in local Head Start agencies.

(Sec. 120) Revises requirements for reservation and allocation of funds for grants for the outlying areas and the Secretary of the Interior.

(Sec. 121) Sets forth revised formulas for allocating amounts for basic grants, concentration grants, and targeted grants.

(Sec. 122) Revises requirements for basic grants to LEAs.

(Sec. 123) Revises requirements for concentration grants to LEAs.

(Sec. 124) Revises requirements for targeted grants to LEAs.

(Sec. 125) Revises special allocation procedures.

(Sec. 126) Requires any school that receives ESEA title I part A funds to ensure that educational services or other benefits provided under such part, including materials and equipment, shall be secular, neutral, and nonideological.

Part B: Education of Migratory Children - Revises ESEA title I part C, Education of Migratory Children.

(Sec. 131) Revises requirements for State allocations with respect to the needs of migratory children and level of services to assist them. Eliminates certain requirements relating to consortium arrangements.

(Sec. 132) Revises program information requirements with respect to integration of services and to family literacy services.

(Sec. 133) Revises authorized activities to require: (1) flexibility for States and LEAs; and (2) focus on unaddressed needs of migratory children.

(Sec. 134) Revises requirements for the coordination of migrant education activities. Directs the Secretary of Education to assist States in improving student record transfers, determining the number of migratory children in each State, and establishing minimum data elements for maintained records. Increases the maximum amounts which the Secretary may reserve for: (1) coordination of migrant education activities; and (2) (as a portion of such coordination funds) incentive grants for State educational agencies (SEAs) to arrange consortium agreements with other States or to improve the delivery of services.

Part C: Neglected or Delinquent Youth - Revises and retitles ESEA title I part D as Prevention and Intervention Programs for Neglected or Delinquent Children and Youth (currently Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out).

(Sec. 143) Revises requirements for allocation of funds for subpart 1 (State Agency Programs).

(Sec. 144) Revises requirements for State plans and State agency applications, including those relating to the transition of students from institutions to locally operated programs.

(Sec. 145) Revises requirements for uses of subpart 1 funds to refer to transitions to vocational and technical training, as well as other transitions.

(Sec. 146) Includes operation of programs for youth returning from correctional facilities in local schools which may also serve youth at risk of dropping out of school among requirements for SEA use of part D funds for institution-wide projects that serve all children.

(Sec. 147) Raises from ten to 15 percent the maximum portion of subpart 1 funds a State agency may reserve for transition services projects to help the transition of children from State-operated institutions to LEAs.

(Sec. 148) Revises subpart 2 (Local Agency Programs) rules for subgrants to LEAs. Requires such programs to: (1) meet the transitional and academic needs of students returning to LEAS or alternative education programs from correctional facilities; and (2) ensure that the meeting of such student needs is not affected adversely by subpart 2 services to students at risk of dropping out of school.

(Sec. 149) Revises requirements for LEA applications, and sets forth requirements with respect to students returning from correctional facilities.

(Sec. 150) Revises requirements for uses of subpart 2 funds to give priority to youth returning from correctional facilities.

(Sec. 151) Revises program requirements to refer to vocational training and entrepreneurship education.

Part D: General Provisions - Revises ESEA title I part F (General Provisions).

(Sec. 161) Requires the negotiated rulemaking process to be on a minimum of three key issues, including: (1) accountability; (2) implementation of assessments; and (3) use of paraprofessionals.

Requires all published proposed regulations to conform to agreements that result from such negotiated rulemaking, unless the Secretary reopens that process or provides a written explanation to participants.

Sets forth requirements relating to: (1) home schools; (2) non-recipient nonpublic schools; and (3) local administrative cost limitation.

Prohibits mandatory national certification of teachers and paraprofessionals.

Directs the General Accounting Office (GAO) to conduct studies of: (1) paraprofessionals; (2) how title I funds could follow a child from school to school; and (3) the feasibility of electronically transferring and maintaining migrant student records. Directs the Comptroller General to analyze, evaluate, and report to a specified House committee on the impact on title I of individual waivers schools, LEA waivers, and statewide waivers granted pursuant to the Education Flexibility Partnership Act of 1999.

Expresses the sense of the Congress in support of paperwork reduction activities.

Part E: Comprehensive School Reform Program - Amends ESEA title I to establish a part G (Comprehensive School Reform) program.

(Sec.171) Authorizes the Secretary to make grants to SEAs to provide subgrants to LEAs to provide financial incentives for schools to develop comprehensive school reforms, based upon scientifically-based research and effective practices that include an emphasis on basic academics and parental involvement so that all children can meet challenging State content and performance standards.

Allows reservation of specified amounts for schools supported by the Bureau of Indian Affairs (BIA), schools in U.S. territories, and national evaluation activities.

Sets forth requirements for State awards, local awards, evaluation, and reporting. Defines scientifically-based research.

Authorizes appropriations through FY 2004 for such comprehensive school reform program.

Title II: Magnet Schools Assistance and Public School Choice - Revises and retitles ESEA title V as Magnet Schools Assistance and Public School Choice (currently Promoting Equity).

(Sec. 201) Revises and reauthorizes part A, Magnet School Assistance.

Reauthorizes the Secretary to make grants to LEAs and LEA consortia to carry out specified purposes for magnet schools. Includes among such purposes promoting diversity and increasing choices in public elementary and secondary schools and educational programs.

Sets forth eligibility, applications, and program requirements. Gives priority to applicants who demonstrate the greatest need, propose to expand or revise magnet school projects, and propose to select students for Magnet Schools by a lottery system. Sets forth requirements for use of funds, prohibitions on usage of funds, limitations, and reservations of funds for evaluations, technical assistance, and dissemination..

Authorizes appropriations through FY 2004 for such Magnet Schools Assistance program. Gives priority to awarding certain excess amounts as grants to LEAs or consortia that did not receive a part A grant in the preceding fiscal year.

Public School Choice Act of 1999 - Sets forth a new part B, Public School Choice.

Authorizes the Secretary to make grants to SEAs and LEAs to support programs that promote innovative approaches to high-quality public school choice.

Sets forth requirements for uses of funds, grant applications, and priorities.

Authorizes appropriations through FY 2004 for such Public School Choice program.

Revises, reauthorizes, and transfers to a new part C provisions for Women's Educational Equity (also known as the Women's Educational Equity Act of 1994, and currently part B).

Authorizes the use of such Women's Educational Equity program funds for grants to LEAs in communities with an historic tie to a major leader of the women's suffrage movement to educate their students about the significance of that former resident.

Directs the Secretary to report to the President and Congress on the status of educational equity for girls and women in the nation.

Authorizes appropriations for FY 2000 through 2004 for Women's Educational Equity programs.

Eliminates current part C provisions for School Dropout Assistance.

(Sec. 202) Provides for continuation of grant awards made under current part A requirements for innovative programs prior to enactment of this Act (which eliminates such grant provisions).

Title III: Teacher Liability Protection - Teacher Liability Protection Act of 1999 - Establishes a new ESEA title XV, Teacher Liability Protection.

(Sec. 301) Sets forth requirements for preemption, election of State non-applicability, limitation on liability for teachers, and liability of non-economic loss.

Title IV: Indian, Native Hawaiian, and Alaska Native Education - Subtitle A: Elementary and Secondary Education Act of 1965 - Revises title IX (Indian, Native Hawaiian, and Alaska Native Education) of ESEA.

(Sec. 401) Revises and reauthorizes part A, Indian Education, subpart 1 requirements for formula grants to LEAs for assisting Indian students to meet challenging State standards. Allows an entity receiving such funds to: (1) submit a plan to the Secretary for integration of education and related services provided to Indian students; and (2) if the plan is approved, consolidate in a demonstration project all Federal funds for which the applicant is eligible to provide such services. Directs the Secretary to make preliminary and final reports to specified congressional committees on statutory obstacles to such program integration.

Revises subpart 2 special programs and projects to improve educational opportunities for Indian children to reauthorize: (1) grants for improvement of educational opportunities for Indian children; and (2) professional development for teachers and educational professionals.

Repeals subpart 2 requirements for Indian student fellowships, grants for gifted and talented programs, and grants for tribal education administrative planning and development.

Repeals the current subpart 3 special programs for Indian adult education.

Reauthorizes subpart 3 (current subpart 4) national research activities.

Reauthorizes subpart 4 (current subpart 5) requirements for Federal administration, including those for the National Advisory Council on Indian Education, peer review, preference for Indian applicants, and minimum grant criteria.

Extends through FY 2004 the authorization of appropriations for programs under part A subparts 1, 2, and 3.

Part B: Native Hawaiian Education - Repeals part B (Native Hawaiians) requirements for Native Hawaiian education.

Part C: Alaska Native Education - Revises part C (Alaska Native Education) to repeal mandates for the following programs: (1) Alaska Native Educational Planning, Curriculum Development, Teacher Training and Recruitment; (2) Alaska Native Home Based Education for Preschool Children; and (3) Alaska Native Student Enrichment.

(Sec. 403) Establishes a new program for Alaska Native Education.

Authorizes the Secretary to make grants to and contracts with specified Alaska Native and other entities for Alaska Native educational activities, including development and implementation of educational plans, curriculum development, professional development for educators, teacher recruitment, home instruction for preschoolers, family literacy services, student enrichment in science and math, research activities, and other appropriate activities.

Authorizes appropriations for FY 2000 through 2004. Subtitle B: Amendments to the Education Amendments of 1978 - Amends the Education Amendments of 1978 to revise requirements relating to education programs of the Bureau of Indian Affairs (BIA) (of the Department of the Interior).

(Sec. 410) Sets forth requirements for accreditation, as well as standards for basic education of Indian children in BIA schools.

Sets a new deadline for the Secretary of the Interior to carry out by contract with an Indian organization studies and surveys to establish and revise standards for basic education of Indian children attending BIA-funded schools.

Requires published minimum academic standards to be revised and applied to BIA-funded schools not otherwise accredited. Allows BIA-funded schools to elect to meet standards of accreditation as set forth by a tribal, State, regional, or national accrediting body (if tribal standards meet State standards) instead of those set by the BIA. Continues to allow alternative standards if they meet State minimum standards. Continues to authorize: (1) tribes or school boards to waive standards and propose alternatives that take into account the specific needs of the tribe's children; and (2) the Secretary of the Interior to reject such alternative standards. Continues to require the Secretary of the Interior to submit an annual plan for meeting the standards.

Directs the Secretary of the Interior to assist school boards of grant or contract schools in implementing such standards if such boards request such implementation in part or whole.

Requires the BIA to establish fiscal and accounting standards for all contract and grant schools.

Revises requirements relating to tribal approval for closure or consolidation of certain BIA-funded schools or programs.

Revises requirements relating to consideration of applications to contract or grant non-BIA-funded schools or to expand BIA-funded schools. Prohibits such requirements from precluding expansion at a BIA-funded school where expansion and its maintenance are paid for by non-BIA funds.

Allows funds received by BIA-funded schools, from the BIA or from any Department of Education or other Federal agency to provide education or related services, to be used for schoolwide projects to improve the educational program for all Indian students.

Directs the Comptroller General to study the adequacy of funding for BIA-funded schools, and the formulas used by the BIA to establish such funding levels.

Directs the Secretary of the Interior to revise national standards for home-living (dormitory) situations to include specified types of factors. Requires such standards to be implemented at BIA-operated schools, and to serve as minimum standards for contract or grant schools.

Incorporates specified BIA education regulations into such Act, and allows them to be altered only by an Act of Congress.

Revises requirements for geographical attendance areas for BIA-funded schools. Allows tribal provision of parental school choice.

Revises requirements for school facilities construction. Requires: (1) publication of the BIA's system for prioritizing school replacement and construction projects for BIA-funded schools and home- living schools, including boarding schools and dormitories; (2) establishment of a long-term construction and replacement listing for all BIA-funded education-related facilities; and (3) distribution of school operation and maintenance funds by formula. Sets forth procedures for school closure or consolidation because of hazardous conditions at BIA-funded schools.

Revises requirements relating to BIA-education functions to require that the program for operation and maintenance include a method for determining needs and priorities with respect to facilities repair and maintenance projects through use of meetings for comments by representatives of BIA-funded schools.

Revises requirements for review and revision of an allotment formula for funding BIA-funded schools. Includes among factors to be considered the costs of therapeutic programs for students who require them. Requires formula review and revision to increase the availability of therapeutic programs (as well as counseling) for students in off-reservation home-living (dormitory) schools and other BIA-operated residential facilities. Revises formula adjustment factors. Authorizes reservation of funds for school board activities. Requires school boards to train new members.

Revises requirements for administrative cost grants to tribes or tribal organizations operating contract or grant schools. Requires the Director of the Office of Indian Education Programs to conduct specified studies relating to tribal educational administrative costs. Authorizes appropriations for such grants.

Revises (or reauthorizes) requirements for: (1) the Division of Budget Analysis within the Office of Indian Education Programs; (2) the system of uniform direct funding and support of BIA-funded schools; (3) the policy for Indian control of Indian education; (4) educational personnel; (4) the management information system; (5) uniform procedures and practices; (6) the recruitment of Indian educators; (7) biennial reports on the BIA's Indian education program and tribally controlled community colleges; (8) audits of BIA-funded schools; (9) rights of Indian students attending BIA-funded schools; (10) grants for early childhood development programs; and (11) grants for tribal departments of education.

Sets forth requirements for regulations, and procedures for negotiated rulemaking.

Subtitle C: Tribally Controlled Schools Act of 1988 - Amends the Tribally Controlled Schools Act of 1988 to reauthorize and revise requirements for part B grants by the Secretary of the Interior to Indian tribes and tribal organizations to operate tribally controlled schools, including BIA-funded schools, including requirements for: (1) special rules relating to grants composition; (2) eligibility for grants; (3) duration of eligibility determination; (4) payment of grants and investment of funds; (5) the role of the Director of the Office of Indian Education Programs; and (6) regulations.

(Sec. 420) Requires the BIA to report annually to the Congress on all applications received for such grants, and actions taken, including associated costs.

Changes from every three to every two years the required frequency of certain positive evaluations of a school necessary to avoid revocation of eligibility for assistance.

Adds to those requirements of the Indian Self-Determination and Education Assistance Act of 1975 which apply to part B grants new ones relating to: (1) access to Federal sources of supply; (2) lease of facility used for administration and delivery of services; (3) limitation on remedies relating to cost allowances; (4) use of funds for matching or cost participation requirements; (5) allowable uses of funds; and (6) specified model agreements provisions.

Establishes a Tribally Controlled Grant School Endowment Program.

Title V: Gifted and Talented Children - Jacob K. Javits Gifted and Talented Students Act of 1999 - Amends ESEA title X (Programs of National Significance) to revise requirements for part B (Gifted and Talented Children).

(Sec. 501) Continues the current discretionary grant program, until a minimum level of appropriations for formula grants is first reached.

Adds scientifically-based research to authorized uses of grant funds.

Establishes a State formula grant program for teacher preparation and other services for the gifted and talented students in elementary and secondary schools, to be initiated when the annual appropriation first equals or exceeds a specified amount, and continued in succeeding fiscal years.

Continues the National Center for Research and Development in the Education of Gifted and Talented Children and Youth.

Authorizes appropriations for FY 2000 through 2004 for such gifted and talented programs.

Title VI: Rural Education Assistance - Rural Education Initiative Act of 1999 - Amends ESEA title X to revise and rename part J as the Rural Education Initiative (currently Urban and Rural Education Assistance).

(Sec. 601) Establishes: (1) a small and rural school program of assistance for rural LEAs with small enrollments (less than 600); and (2) a low-income and rural school program of assistance to rural LEAs with larger enrollments but with school age poverty rates of at least 20 percent.

Permits the small rural LEAs to consolidate and use funds they receive under various Federal formula grant programs for activities they identify that support local or State education reform efforts to improve academic achievement or instruction. Authorizes grants for these LEAs based on their enrollment, for similar activities.

Provides for grants for low-income rural LEAs (which may not include LEAs eligible under the small rural LEA program) for various specified uses, including educational technology, professional development, and academic enrichment. Allocates such grant funds among States by formula based on the enrollment in all eligible districts. Provides for subgrants from States to eligible LEAs, as well as direct grants from the Secretary to an LEA where an SEA does not participate in the program. Allows substate allocations to be either competitive or by formula based on enrollment in the State's eligible LEAs.

Authorizes appropriations for FY 2000 through 2004 for such rural education programs.

Title VII: McKinney Homeless Education Improvements Act of 1999 - Stewart B. McKinney Homeless Education Assistance Improvements Act of 1999 - Amends the Stewart B. McKinney Homeless Education Assistance Act to revise and reauthorize title VII subtitle B, Education for Homeless Children and Youth.

(Sec. 704) Prohibits States receiving such funds from segregating homeless children and youth solely on the basis of their homeless status (with an exception for separate schools for the homeless initiated prior to enactment of these amendments).

Requires schools to enroll immediately any homeless child or youth seeking enrollment, even if the records (except immunization records) normally required for enrollment cannot be produced.

Provides that the school of origin is the default interpretation of the best interest of the child regarding school placement, unless this is contrary to the wishes of parents or guardians.

Requires LEAs that seek to receive such funds to conduct an assessment of the educational and related needs of homeless children and youth.

Revises reporting requirements.

Authorizes appropriations for FY 2000 through 2004 for such assistance for education of homeless children and youth.

Title VIII: Schoolwide Program Adjustment - Sets at 40 percent the minimum portion of school enrollment that must be children from low-income families in order for a school to be eligible for a schoolwide program.

Title IX: Education of Limited English Proficient Children and Emergency Immigrant Education - English Language Proficiency and Academic Achievement Act - Amends ESEA title VII to revise and rename part A (Bilingual Education, also known as the Bilingual Education Act) as English Language Education, also to be known as the English Language Proficiency and Academic Achievement Act.

(Sec. 901) Requires LEAs to obtain parental consent prior to placement of a Limited English Proficient (LEP) child in an English language instruction program.

Consolidates bilingual education instructional services grants. Provides for a transition in aid allocation, when annual appropriations reach a specified amount, from the discretionary grants by the Secretary to formula grants to States (with discretionary grants within States). Guarantees, after such transition, one year of funding from the State for previous recipients of discretionary grants.

Authorizes appropriations for FY 2000 through 2004 for: (1) the subpart 1 discretionary grant program or the subpart 2 formula grant program, as appropriate; (2) subpart 3, professional development; and (3) subpart 4, research, evaluation, and dissemination.

Requires States, under the formula grant program, to discontinue funding to LEAs where the majority of students are not attaining English language fluency and reaching State standards after three years. Requires testing in English, for reading or language arts, of LEP students who have attended U.S. schools for three consecutive years, unless an LEA allows a student to be tested in another language.

Eliminates the 25 percent maximum limit on the portion of part A funds that may be used for special alternative instruction (non- bilingual) programs.

Consolidates bilingual education professional development grants into a single five-year grant. Authorizes appropriations for such program.

Eliminates the Foreign Language Assistance Program (current part B).

Revises, and transfers to part B, provisions for the Emergency Immigrant Education Program (currently part C).

(Sec. 902) Amends the Department of Education Organization Act to rename the Office of Bilingual Education and Minority Affairs as the Office of Educational Services for Limited English Proficient Children.