(Sec. 3) Declares U.S. national educational priorities addressed by this Act.
Title I: Student Performance - Revises and renames ESEA title I as Student Performance (currently Helping Disadvantaged Children Meet High Standards).
(Sec. 102) Declares it to be U.S. policy to ensure that all students receive a high-quality education by: (1) holding States, local educational agencies (LEAs), and schools accountable for increased student academic performance results; and (2) facilitating improved classroom instruction.
(Sec. 103) Extends the authorization of appropriations for the following title I programs under: (1) part A, LEA grants; (2) part B, Even Start; (3) part C, education of migratory children; (4) part D, prevention and intervention programs for youth who are neglected, delinquent, or at-risk of dropping out; (5) provisions for capital expenses; and (6) part E, Federal evaluations, demonstrations, and transition projects.
(Sec. 104) Requires State educational agencies (SEAs) to reserve a specified portion of their title I part A (I-A) funds to: (1) make at least 80 percent of such reserved funds available directly to LEAs; and (2) carry out SEA responsibilities for school improvement, including SEA statewide system of technical assistance and support for LEAs.
Part A: Improving Basic Programs Operated by Local Educational Agencies - Revises ESEA title I part A (Improving Basic Programs Operated by Local Educational Agencies) (I-A) with respect to formulas for distributing funds to schools with the highest concentrations of poverty.
(Sec. 105) Revises State plan requirements with respect to implementing challenging content and student performance standards (standards), yearly student assessments (assessments), and accountability.
Requires State standards to: (1) be applied to all schools and children within the State; and (2) include at least the subjects of mathematics, science, and English language arts. Requires a State, if it allows LEAs to adopt more rigorous standards than the State, to allow LEAs to implement such standards.
Requires each State plan to demonstrate what constitutes adequate yearly progress (AYP) of the State itself (as well as its schools and LEAs, as under current law) in enabling all children in all schools receiving I-A assistance to meet the State's challenging performance standards. Revises requirements for State definition of AYP. Adds requirements relating to: (1) accountability for AYP; (2) annual improvement by States, LEAs, and schools; and (3) public notice and comment.
Requires assessments to be used, starting no later than the 2000-2001 school year, as the primary means of determining the yearly performance of each LEA and school in enabling all children to meet State standards (but does not require States to meet requirements for science standards or assessments until the beginning of the 2005-2006 school year).
Requires State plans to provide that students who have attended school in the United States for at least three consecutive years are to be assessed in the English language, with certain exceptions.
Requires State plans to describe what reasonable steps the State is taking to assist and encourage LEAs to: (1) measure literacy skills of first graders in schools receiving I-A funds by providing assessments that are developmentally appropriate, aligned with State standards, and scientifically research-based; and (2) identify and take developmentally appropriate and effective interventions in any school served under I-A in which a substantial number of first graders have not demonstrated grade-level literacy proficiency by the end of the school year.
Requires State plans to describe how SEAs will: (1) assist each affected LEA and school to develop the capacity to comply with requirements for schoolwide programs, targeted assistance, and assessment and improvement; (2) hold each affected LEA accountable for improved student performance, including procedures for identifying and assisting LEAs and schools in need of improvement, and for corrective action if assistance is not effective; (3) provide low-performing students additional academic instruction, such as before- and after-school programs and summer academic programs; (4) ensure that all teachers in both schoolwide programs and targeted assistance programs are fully qualified not later than December 31, 2005, and low-income students and minority students are not taught at higher rates than other students by inexperienced, uncertified, or out-of-field teachers; and (5) evaluate and publicly report the State's progress in improving the quality of instruction in the schools served by the SEA and LEAs receiving ESEA funding.
Requires State plans to assure that SEAs will: (1) use the disaggregated results of required student assessments, and other available measures or indicators, to review annually the progress of each LEA and school served under I-A to determine whether each one is making the annual progress necessary to ensure that all students will meet the proficient level of performance on such assessments within ten years of the enactment of this Act; (2) modify or eliminate State fiscal and accounting barriers so that elementary and secondary schools can easily consolidate funds from other Federal, State, and local sources for schoolwide programs under specified provisions; and (3) inform LEAs of LEA authority to obtain waivers under title VIII of ESEA and, if the State is an Ed-Flex Partnership State, under the Education Flexibility Partnership Act of 1999.
Penalizes States for failing to meet statutory deadlines for demonstrating that they have in place standards, assessments, a system for measuring and monitoring AYP, and a statewide system for holding schools and LEAs accountable for making AYP with specified groups of students. Makes such States ineligible to receive any administrative funds under title I that exceed the amount received for such purposes in the previous year. Directs the Secretary of Education to withhold additional administrative funds in an amount determined appropriate based on the extent of the State's failure. Requires the Secretary, for each additional year that the State fails to comply with such requirements, to withhold at least one-fifth of the amount the State receives for such administrative expenses. Allows a State to request a one-time, one-year waiver to meet such requirements.
(Sec. 106) Requires LEA plans to include descriptions of how they will: (1) assist low-performing schools, including those identified as in need of improvement; and (2) promote the use of alternative instructional methods, and extended learning time, such as an extended school year, before- and after-school programs, and summer programs.
Requires various LEA assurances with respect to school accountability, improvement, and assessment. Requires LEAs to ensure that all teachers in both schoolwide programs and targeted assistance programs are fully qualified not later than December 31, 2005, and low-income students and minority students are not taught at higher rates than other students by inexperienced, uncertified, or out-of-field teachers.
Requires LEAs to reserve at least ten percent of the I-A funds they receive for high quality professional development for professional instructional staff.
Sets forth requirements for parental notification and consent for English language instruction.
(Sec. 107) Revises school eligibility criteria for school-wide programs. Allows an LEA to use I-A funds for a school-wide programs at schools that serve eligible school attendance areas in which: (1) not less than 40 percent of the children are from low-income families; or (2) not less than 40 percent of the children enrolled in the school are from such families.
(Sec. 108) Revises requirements for public school choice plans to allow limited amounts of I-A funds to be used for transportation services.
(Sec. 109) Revises requirements for assessment and LEA and school improvement. Requires the provision of public school choice for families of students attending I-A schools deemed to be in need of corrective action.
(Sec. 110) Revises requirements for State assistance for school support and improvement. Requires SEAs to provide such assistance according to the following order of priorities: (1) LEAs and schools in need of improvement; (2) LEAs subject to corrective action, and to individual schools for which an LEA has failed to carry out certain responsibilities; and (3) LEAs and schools at risk of being identified as being in need of improvement within the next academic year. Directs SEAs to use for such State assistance certain funds available for technical assistance and support. Authorizes SEAs also to use for such State assistance certain State administrative funds.
(Sec. 111) Revises requirements for parental involvement.
(Sec. 112) Sets forth required qualifications and duties for teachers and paraprofessionals in I-A schools.
(Sec. 113) 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 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.
(Sec. 115) Includes among coordination requirements for LEAs the linking of LEA educational services with those provided in local Head Start agencies.
(Sec. 116) Revises requirements for reservation and allocation of funds for grants for the outlying areas and the Secretary of the Interior.
(Sec. 117) Sets forth revised formulas for allocating amounts for basic grants, concentration grants, and targeted grants.
(Sec. 118) Revises requirements for basic, concentration, and targeted grants to LEAs.
(Sec. 121) Revises special allocation procedures.
Part B: Even Start Family Literacy Programs - Revises ESEA title I part B (Even Start Family Literacy Programs) (Even Start). Directs the Secretary (currently the National Institute for Literacy) to disseminate, or designate another entity to disseminate, the results of certain research to States and recipients of Even Start subgrants.
Part C: Education of Migratory Children - Revises ESEA title I part C (Education of Migratory Children) to refer to language instruction programs under the new ESEA title III provided by this Act (current law refers to bilingual education).
Part D: Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out - Revises ESEA title I part D (Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At Risk of Dropping Out).
Part E: Federal Evaluations, Demonstrations, and Transition Projects - Revises title I part E (Federal Evaluations, Demonstrations, and Transition Projects) to set new deadlines for certain interim and final reports on the National Assessment of Educational Progress (NAEP).
(Sec. 152) Establishes a Comprehensive School Reform program. (Replaces part E provisions for demonstrations of innovative practices.) 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. Authorizes appropriations.
Part F: Rural Education Development Initiative - Establishes a Rural Education Development Initiative as a new title I part F. Directs the Secretary to make grants to States for elementary and secondary education development by LEAs that are eligible because they serve: (1) a school-age population of whom 15 percent or more are from families with incomes below the poverty line; and (2) a school district in a rural locality, or a school-age population of 800 or fewer. Reserves a specified portion of grant funds for schools operated by the BIA. Sets forth an allotment formula for grants to SEAs to make grants to eligible LEAs. Authorizes the Secretary to make direct competitive grants to specially qualified eligible rural LEAs in nonparticipating States. Requires LEAs or their schools to use grant funds for: (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher, and principal, recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs or other education programs. Requires SEAs to award grants on a formula basis. Requires that at least 99 percent of such funds be awarded to eligible LEAs in the first year, and 99.5 in the second and in each succeeding year that an SEA receives such a grant. Directs the Secretary, at the end of the third year an SEA participates in the program, to permit continued participation only if the SEA has met its performance goals and objectives for two consecutive years. Directs the Comptroller General to study and report to Congress on this part F program's impact on student achievement. Authorizes appropriations.
Part G: General Provisions - Transfers title I general provisions to a new part G (currently part F). Revises a deadline for the Secretary's issuance of final regulations for title I. Eliminates a provision for State reservation of certain amounts for administrative costs.
Title II: Teacher and Principal Quality, Professional Development, and Class Size - Revises and renames ESEA title II as Teacher and Principal Quality, Professional Development, and Class Size (currently Dwight D. Eisenhower Professional Development Program).
(Sec. 201) Sets forth a part A, Teacher and Principal Quality, Professional Development (II-A). Directs the Secretary to make grants to States to raise the quality of, and provide professional development for, public school teachers, principals, and administrators. Provides for: (1) reservations, State allotments, and within-State allocations; (2) State and local plans; (3) performance objectives; (4) optional activities; (5) State administrative expenses; (6) local activities; (7) professional development for teachers; (8) parents' right to know; (9) State reports and a study by the Comptroller General, and (10) educator partnership grants. Authorizes appropriations.
Sets forth a part B, Class Size Reduction. Directs the Secretary to make grants to States to help them and LEAs recruit, train, and hire 100,000 additional teachers to: (1) reduce nationally class size in grades one through three to an average of 18 students per regular classroom; and (2) improve teaching in the early elementary school grades so that all students can learn to read independently and well by the end of the third grade. Authorizes appropriations.
Title III: Language Minority Students and Indian, Native Hawaiian, and Alaska Native Education - Establishes a new ESEA title III, Language Minority Students and Indian, Native Hawaiian, and Alaska Native Education, which combines and revises provisions of the current title VII (Bilingual Education, Language Enhancement, and Language Acquisition Programs) and of the current title IX (Indian, Native Hawaiian, and Alaska Native Education). (Eliminates the current title III, Technology for Education, but provides for some technology literacy programs under title VI.)
(Sec. 301) Repeals the current ESEA title III part A, Technology for Education of All Students.
Sets forth a new title III subtitle A, Language Minority Students (which also replaces the current title VII) Bilingual Education, Language Enhancement, and Language Acquisition Programs).
Declares it to be U.S. policy that, in order to ensure equal educational opportunity for all children and youth, and to promote educational excellence, the Federal Government should: (1) assist SEAs, LEAs, and community-based organizations to build their capacity to establish, implement, and sustain programs of instruction and English language development for children and youth of limited English proficiency (LEP); (2) hold SEAs and LEAs accountable for increases in English proficiency and core content knowledge among LEP students; and (3) promote parental and community participation in LEP programs.
Directs the Secretary to make grants to States to help LEP students become proficient in English.
Prohibits the Secretary from mandating or precluding a particular curricular or pedagogical approach to educating LEP students. Requires LEAs to certify to SEAs that all teachers in any language instruction program for LEP students funded under this subtitle are fluent in English. Requires LEAs to notify parents of students participating in language instruction educational program of: (1) the student's level of English proficiency and academic achievement, and certain implications of the student's strengths and needs; (2) various available programs; (3) instructional goals of such program; and (4) the parental option to decline the student's enrollment in such program.
(Sec. 302) Repeals the current ESEA title III parts: (1) B, Star Schools Program; (2) C, Ready-to-Learn Television; (3) D, Telecommunications Demonstration Project for Mathematics; and (4) E, Elementary Mathematics and Science Equipment Program. Eliminates current title VII part B provisions for the Foreign Language Assistance Program.
Transfers to a new title III subtitle B the Emergency Immigration Education Program (currently part C of title VII). Extends through FY 2005 the authorization of appropriations for such program.
(Sec. 303) Transfers to a new title III subtitle C provisions for Indian, Native Hawaiian, and Alaska Native Education (currently title XIX). Extends the authorization of appropriations for various programs of Indian, Native Hawaiian, and Alaska Native Education.
Title IV: Public School Choice - Establishes a new ESEA title IV, Public School Choice, and authorizes a new public school choice program. Redesignates certain parts of the current title IV, Safe and Drug-Free Schools and Communities, under such new title IV (and provides for some school safety improvement programs under title VI). Transfers certain parts and provisions of the current titles V and X to such new title IV.
(Sec. 401) Extends the authorization of appropriations for: (1) Magnet Schools Assistance; and (2) Public Charter Schools.
Requires SEAs that receive grants for charter schools assistance to hold assisted charter schools accountable for AYP for improving student performance under title I and as established in the school's charter, including the use of the same standards and assessments as established under title I.
Declares it to be U.S. policy to: (1) support and stimulate improved public school performance through increased public school competition and increased Federal financial assistance; and (2) provide parents with more choices among public school options.
(Sec. 402) Establishes a new title IV part C, Development of Public School Choice Programs (PSC programs). Authorizes the Secretary to: (1) make competitive grants to LEAs to develop such PSC programs; (2) reserve specified program funds for technical assistance, information dissemination, and evaluations; and (3) a priority to partnership projects. Requires the Secretary to give a priority to applications that would serve high-poverty LEAs. Authorizes appropriations.
Sets forth a new title IV part D, Report Cards. Directs the Secretary to make grants to States, if they have State report cards on education which meet specified requirements, to publish such report cards for each elementary and secondary school receiving ESEA funding. Authorizes appropriations.
Requires States, if they receive assistance under ESEA, to prepare and disseminate (or publicly report through other public means) annual report cards, in easily understandable language, on all elementary and secondary schools receiving funds under ESEA I-A or II-A.
Requires such State report cards on LEAs and schools to contain specified information regarding indicators of school performance and quality.
Title V: Impact Aid - Transfers ESEA Impact Aid provisions to a new title V (currently title VIII). Eliminates the current title V, Promoting Equity, including part B, Women's Educational Equity, and part C, Assistance to Address School Dropout Problems (but transfers the current part A of title V to part A of title IV).
(Sec. 501) Extends the authorization of appropriations for various impact aid programs.
Title VI: High Performance and Quality Education Initiatives - Establishes a new title VI, High Performance and Quality Education Initiatives. Eliminates the current title VI, Innovative Education Program Strategies.
(Sec. 601) Declares it to be U.S. policy to: (1) facilitate significant innovation in elementary and secondary school education programs; (2) enrich the learning environment of students; (3) provide a safe learning environment for all students; (4) ensure that all students are technologically literate; and (5) assist SEAs and LEAs in building their capacity to establish, implement, and sustain innovative programs for public school students.
Directs the Secretary to make grants to SEAs with approved plans to award grants to LEAs.
Requires States to allocate grant funds among LEAs according to both their I-A population and their entire school-age population.
Requires LEAs to use grant funds for programs designed to achieve each of the goals described in the following category areas: (1) school improvement; (2) 21st Century Opportunities programs; (3) safe learning environments; and (4) New Economy Technology Schools. Allows LEAs that meet or exceed AYP requirements to reallocate, at their own discretion, specified portions of grant funds among the four categories. Allows LEAs identified as in need of improvement to reallocate for school improvement activities a certain portion of funds from the other three categories.
Authorizes appropriations.
Title VII: Accountability - Establishes a new ESEA title VII, Accountability, with sanctions and rewards based on meeting performance objectives. Eliminates the current title VII, Bilingual Education, Language Enhancement, and Language Acquisition Programs (but sets forth some provisions for language minority students under the new title III).
(Sec. 701) Requires certain sanctions if performance objectives established under a covered provision have not been met by a State receiving grant funds under such provision. Directs the Secretary to reduce the amount the State is entitled to receive by specified percentages if such objectives have not been met by the end of the third fiscal year or the end of the fourth fiscal year. Requires such reductions to continue for each subsequent fiscal year until the State demonstrates that it has met such objectives. Directs the Secretary to provide technical assistance, if sought, to a State subjected to such sanctions.
Requires each State receiving assistance under ESEA titles I, II, III, or VI to develop a system, including sanctions, to hold LEAs accountable for meeting performance objectives and AYP requirements.
Directs the Secretary to make awards to States that either ensure that all teachers teaching in their public schools are fully qualified by FY 2003, or for three consecutive years have: (1) exceeded their performance objectives; (2) exceeded their AYP levels; (3) significantly narrowed the gaps between minority and non-minority students, and between economically disadvantaged and non-economically disadvantaged students; (4) raised all students to the proficient standard level within ten years; or (5) significantly increased the percentage of core classes being taught by fully qualified teachers teaching in schools receiving funds under part A of title I.
Requires States to: (1) distribute 80 percent of such award funds to LEAs that have been consistently high-performing and achieving in specified ways; and (2) use the remainder to establish demonstration sites with respect to high-performing schools in order to help low-performing schools, and to improve the level of performance of all elementary and secondary school students in the State.
Requires LEAs to use such award funds to: (1) reward individual schools that demonstrate high performance with respect to specified criteria; (2) reward collaborative teams of teachers, or teams of teachers and principals, who significantly increase the annual performance of low-performing students or significantly improve in a fiscal year the English proficiency of LEP students; (3) reward principals who successfully raise the performance of a substantial number of low-performing students to high academic levels; (4) develop or implement school district-wide programs or policies to increase the level of student performance on State assessments aligned with State content standards; and (5) reward schools for consistently high achievement in another area that the LEA deems appropriate to reward.
Authorizes appropriations for such awards.
Authorizes the Secretary to use certain amounts not reserved for other specified activities to: (1) support activities of the National Board for Professional Teaching Standards; (2) study and disseminate information regarding model programs assisted under ESEA; (3) provide training and technical assistance to recipients of ESEA funds in administering and implementing ESEA-assisted activities; (4) support activities to promote systemic education reform at State and local levels; (5) award grants or contracts to public or private nonprofit entities to develop and disseminate exemplary reading, mathematics, science, and technology educational practices, and instructional materials to States, LEAs, and schools; (6) disseminate information on models of value-added assessments; (7) award a grant or contract to a public or private nonprofit entity or consortium to develop and disseminate exemplary programs and curricula for accelerated and advanced learning for all students, including gifted and talented students; (8) award a grant or contract with Reading Is Fundamental, Inc., and other public or private nonprofit entities to support and promote programs which include distribution of inexpensive books to students and literacy activities that motivate children to read; and (9) develop English language development standards and assessments, and native language tests for LEP students that States may use to assess student achievement in reading, science, and mathematics. Authorizes appropriations.
Title VIII: General Provisions and Repeals - Requires SEAs and LEAs to use ESEA funds to supplement, and not supplant, State or local funds.
(Sec. 802) Repeals the Goals 2000: Educate America Act and the following ESEA titles: (1) V, Promoting Equity; (2) X, Programs of National Significance; (3) XI, Coordinated Services; (4) XII, School Facilities Infrastructure Improvement; and (5) XIII, Support and Assistive Programs to Improve Education.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2254 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2254
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2000
Mr. Lieberman (for himself, Mr. Bayh, Ms. Landrieu, Mrs. Lincoln, Mr.
Kohl, Mr. Graham, Mr. Robb, and Mr. Breaux) introduced the following
bill; which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public Education
Reinvestment, Reinvention, and Responsibility Act (Three R's)''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Declaration of priorities.
TITLE I--STUDENT PERFORMANCE
Sec. 101. Heading.
Sec. 102. Findings, policy, and purpose.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation for school improvement.
Part A--Improving Basic Programs Operated by Local Educational Agencies
Sec. 105. State plans.
Sec. 106. Local educational agency plans.
Sec. 107. Schoolwide programs.
Sec. 108. School choice.
Sec. 109. Assessment and local educational agency and school
improvement.
Sec. 110. State assistance for school support and improvement.
Sec. 111. Parental involvement changes.
Sec. 112. Qualifications for teachers and paraprofessionals.
Sec. 113. Professional development.
Sec. 114. Fiscal requirements.
Sec. 115. Coordination requirements.
Sec. 116. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 117. Amounts for grants.
Sec. 118. Basic grants to local educational agencies.
Sec. 119. Concentration grants.
Sec. 120. Targeted grants.
Sec. 121. Special allocation procedures.
Part B--Even Start Family Literacy Programs
Sec. 131. Program authorized.
Sec. 132. Applications.
Sec. 133. Research.
Part C--Education of Migratory Children
Sec. 141. Comprehensive needs assessment and service-delivery plan;
authorized activities.
Part D--Prevention and Intervention Programs for Children and Youth Who
Are Neglected, Delinquent, or at Risk of Dropping Out
Sec. 151. State plan and State agency applications.
Sec. 152. Use of funds.
Part E--Federal Evaluations, Demonstrations, and Transition Projects
Sec. 161. Evaluations.
Sec. 162. Demonstrations of innovative practices.
Part F--Rural Education Development Initiative
Sec. 171. Rural education development initiative.
Part G--General Provisions
Sec. 181. Federal regulations.
Sec. 182. State administration.
TITLE II--TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND
CLASS SIZE
Sec. 201. Teacher and principal quality, professional development, and
class size.
TITLE III--LANGUAGE MINORITY STUDENTS AND INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION
Sec. 301. Language minority students.
Sec. 302. Emergency immigrant education program.
Sec. 303. Indian, Native Hawaiian, and Alaska Native education.
TITLE IV--PUBLIC SCHOOL CHOICE
Sec. 401. Public school choice.
Sec. 402. Development of public school choice programs; report cards.
TITLE V--IMPACT AID
Sec. 501. Impact aid.
TITLE VI--HIGH PERFORMANCE AND QUALITY EDUCATION INITIATIVES
Sec. 601. High performance and quality education initiatives.
TITLE VII--ACCOUNTABILITY
Sec. 701. Accountability.
TITLE VIII--GENERAL PROVISIONS AND REPEALS
Sec. 801. Repeals, transfers, and redesignations regarding titles VIII
and XIV.
Sec. 802. Other repeals.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 3. DECLARATION OF PRIORITIES.
Congress declares that our national educational priorities are to--
(1) introduce real accountability by making public
elementary school and secondary school education funding
performance-based rather than a guaranteed source of revenue
for States and local educational agencies;
(2) require State educational agencies and local
educational agencies to establish high student performance
objectives, and to provide the State educational agencies and
local educational agencies with flexibility in using Federal
resources to ensure that the performance objectives are met;
(3) concentrate Federal funding around a small number of
central education goals, including compensatory education for
disadvantaged children and youth, teacher quality and
professional development, programs for limited English
proficient students, public school choice programs, innovative
educational programs, student safety, and the incorporation of
educational technology;
(4) concentrate Federal education funding on impoverished
areas where elementary schools and secondary schools are most
likely to be in distress;
(5) sanction State educational agencies and local
educational agencies that consistently fail to meet established
benchmarks; and
(6) reward State educational agencies, local educational
agencies, and elementary schools and secondary schools that
demonstrate high performance.
TITLE I--STUDENT PERFORMANCE
SEC. 101. HEADING.
The heading for title I (20 U.S.C. 6301 et seq.) is amended to read
as follows:
``TITLE I--STUDENT PERFORMANCE''.
SEC. 102. FINDINGS, POLICY, AND PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. FINDINGS, POLICY AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1) Despite more than 3 decades of Federal assistance, a
sizable achievement gap remains between low-income and middle-
class students.
``(2) The 1994 reauthorization of the Elementary and
Secondary Education Act of 1965 was an important step in
focusing our Nation's priorities on closing the achievement gap
between poor and affluent students in the United States. The
Federal Government must continue to build on these improvements
made in 1994 by holding States and local educational agencies
accountable for student achievement.
``(3) States can help close this achievement gap by
developing challenging curriculum content and student
performance standards so that all elementary school and
secondary school students perform at an advanced level. States
should implement vigorous and comprehensive student performance
assessments, such as the National Assessment of Educational
Progress (NAEP) so as to measure fully the progress of our
Nation's students.
``(4) In order to ensure that no child is left behind in
the new economy, the Federal Government must better target
Federal resources on those children who are most at-risk for
falling behind academically.
``(5)(A) Title I funds have been targeted on high-poverty
areas, but not to the degree they should be as demonstrated by
the following:
``(B) Although 95 percent of schools with poverty levels of
75 percent to 100 percent receive title I funding, 20 percent
of schools with poverty levels of 50 to 74 percent do not
receive any title I funding.
``(C) Only 64 percent of schools with poverty levels in the
35 percent to 49 percent range receive title I funding.
``(6) Title I funding should be significantly increased and
more effectively targeted to ensure that all low-income
students have an opportunity to excel academically.
``(7) The Federal Government should provide greater
decisionmaking authority and flexibility to schools and
teachers in exchange for greater responsibility for student
performance. Federal, State, and local efforts should be
focused on raising the academic achievement of all students.
Our Nation's children deserve nothing less than holding
accountable those responsible for shaping our childrens' future
and our country's future.
``(b) Policy.--Congress declares that it is the policy of the
United States to ensure that all students receive a high-quality
education by holding States, local educational agencies, and elementary
schools and secondary schools accountable for increased student
academic performance results, and by facilitating improved classroom
instruction.
``(c) Purposes.--The purposes of this title are as follows:
``(1) To eliminate the existing 2-tiered educational
system, which set lower academic expectations for impoverished
students than for affluent students.
``(2) To require all States to have challenging content and
student performance standards and assessment measures in place.
``(3) To require all States to ensure adequate yearly
progress for all students by establishing annual, numerical
performance objectives.
``(4) To ensure that all title I students receive
educational instruction from a fully qualified teacher.
``(5) To support State and local educational agencies in
identifying, assisting, and correcting low-performing schools.
``(6) To increase Federal funding for part A programs for
disadvantaged students in return for increased academic
performance of all students.
``(7) To target Federal funding to local educational
agencies serving the highest percentages of low-income
students.''.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--For the purpose of carrying
out part A, other than section 1120(e), there are authorized to be
appropriated $12,000,000,000 for fiscal year 2001 and such sums as may
be necessary for each of the 4 succeeding fiscal years.
``(b) Even Start.--For the purpose of carrying out part B, there
are authorized to be appropriated such sums as may be necessary for
fiscal year 2001 and each of the 4 succeeding fiscal years.
``(c) Education of Migratory Children.--For the purpose of carrying
out part C, there are authorized to be appropriated such sums as may be
necessary for fiscal year 2001 and each of the 4 succeeding fiscal
years.
``(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or At Risk of Dropping Out.--For the purpose of
carrying out part D, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2001 and each of the 4 succeeding
fiscal years.
``(e) Capital Expenses.--For the purpose of carrying out section
1120(e), there are authorized to be appropriated $12,000,000 for fiscal
year 2001 and $5,000,000 for fiscal year 2002.
``(f) Federal Activities.--For the purpose of carrying out sections
1501 and 1502, there are authorized to be appropriated such sums as may
be necessary for fiscal year 2001 and each of the 4 succeeding fiscal
years.''.
SEC. 104. RESERVATION FOR SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended to read as follows:
``SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
``(a) State Reservations.--
``(1) In general.--Each State educational agency shall
reserve 2.5 percent of the amount the State educational agency
receives under part A for fiscal years 2001 and 2002, and 3.5
percent of that amount for fiscal years 2003 through 2005, to
carry out paragraph (2) and to carry out the State educational
agency's responsibilities under sections 1116 and 1117,
including the State educational agency's statewide system of
technical assistance and support for local educational
agencies.
``(2) Uses.--Of the amount reserved under paragraph (1) for
any fiscal year, the State educational agency shall make
available at least 80 percent of such amount directly to local
educational agencies.
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
SEC. 105. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--Any State educational agency desiring a
grant under this part shall submit to the Secretary a plan,
developed in consultation with local educational agencies,
teachers, pupil services personnel, administrators (including
administrators of programs described in other parts of this
title), local school boards, other staff, and parents, that
satisfies the requirements of this section and that is
coordinated with other programs under this Act, the Individuals
with Disabilities Education Act, the Carl D. Perkins Vocational
and Technical Education Act of 1998, and the Head Start Act.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(b) Standards, Assessments, and Accountability.--
``(1) Challenging standards.--
``(A) In general.--Each State plan shall
demonstrate that the State has adopted challenging
content standards and challenging student performance
standards that will be used by the State, and the local
educational agencies, and elementary schools and
secondary schools, within the State to carry out this
part.
``(B) Uniformity.--The standards required by
subparagraph (A) shall be the same standards that the
State applies to all elementary schools and secondary
schools within the State and all children attending
such schools.
``(C) Subjects.--The State shall have such
standards for elementary school and secondary school
children served under this part in subjects determined
by the State, but including at least mathematics,
science, and English language arts, and which shall
include the same knowledge, skills, and levels of
performance expected of all children.
``(D) Standards.--Standards under this paragraph
shall include--
``(i) challenging content standards in
academic subjects that--
``(I) specify what children are
expected to know and be able to do;
``(II) contain coherent and
rigorous content; and
``(III) encourage the teaching of
advanced skills; and
``(ii) challenging student performance
standards that--
``(I) are aligned with the State's
content standards;
``(II) describe 2 levels of high
performance, proficient and advanced
levels of performance, that determine
how well children are mastering the
material in the State content
standards; and
``(III) describe a third level of
performance, a basic level of
performance, to provide complete
information about the progress of the
lower performing children toward
achieving to the proficient and
advanced levels of performance.
``(E) Additional subjects.--For the subjects in
which students will be served under this part, but for
which a State is not required under subparagraphs (A),
(B), and (C) to develop, and has not otherwise
developed, challenging content and student performance
standards, the State plan shall describe a strategy for
ensuring that such students are taught the same
knowledge and skills and held to the same expectations
as are all children.
``(F) Special rule.--In the case of a State that
allows local educational agencies to adopt more
rigorous standards than those set by the State, local
educational agencies shall be allowed to implement such
standards.
``(2) Adequate yearly progress.--
``(A) In general.--Each State plan shall
demonstrate, based on assessments described under
paragraph (4), what constitutes adequate yearly
progress of--
``(i) any school served under this part
toward enabling all children to meet the
State's challenging student performance
standards;
``(ii) any local educational agency that
receives funds under this part toward enabling
all children in schools served by the local
educational agency and receiving assistance
under this part to meet the State's challenging
student performance standards; and
``(iii) the State in enabling all children
in schools receiving assistance under this part
to meet the State's challenging student
performance standards.
``(B) Definition.--Adequate yearly progress shall
be defined by the State in a manner that--
``(i) applies the same high standards of
academic performance to all students in the
State;
``(ii) takes into account the progress of
all students in the State and in each local
educational agency and school served under
section 1114 or 1115;
``(iii) uses the State challenging content
and challenging student performance standards
and assessments described in paragraphs (1) and
(4);
``(iv) compares separately, within each
State, local educational agency, and school,
the performance and progress of students, by
each major ethnic and racial group, by gender,
by English proficiency status, and by
economically disadvantaged students as compared
to students who are not economically
disadvantaged (except that such disaggregation
shall not be required in a case in which the
number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal
individually identifiable information about an
individual student);
``(v) compares the proportions of students
at the basic, proficient, and advanced levels
of performance with the proportions of students
at each of the 4 performance levels in the same
grade in the previous school year;
``(vi) endeavors to include other academic
measures such as promotion, attendance, drop-
out rates, completion of college preparatory
courses, college admission tests taken, and
secondary school completion, except that
failure to meet another academic measure, other
than student performance on State assessments
aligned with State standards, shall not provide
the sole basis for designating a district or
school as in need of improvement;
``(vii) includes annual numerical
objectives for improving the performance of all
groups described in clause (iv) and narrowing
gaps in performance between these groups in, at
least, the areas of mathematics and English
language arts; and
``(viii) includes a timeline for ensuring
that each group of students described in clause
(iv) meets or exceeds the State's proficient
level of performance on each State assessment
used for the purposes of this section and
section 1116 not later than 10 years after the
date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility
Act.
``(C) Accountability.--Each State plan shall
demonstrate that the State has developed and is
implementing a statewide accountability system that has
been or will be effective in ensuring that all local
educational agencies, elementary schools, and secondary
schools are making adequate yearly progress as defined
in section 1111(b)(2)(B). Each State accountability
system shall--
``(i) be based on the standards and
assessments adopted under paragraphs (1) and
(4) and take into account the performance of
all students required by law to be included in
such assessments;
``(ii) be the same accountability system
the State uses for all schools or all local
educational agencies, if the State has an
accountability system for all schools or all
local educational agencies;
``(iii) provide for the identification of
schools or local educational agencies receiving
funds under this part that for 2 consecutive
years have exceeded such schools' or agencies'
adequate yearly progress goals so that
information about the practices and strategies
of such schools or agencies can be disseminated
to other schools in the local educational
agency and in the State and such schools can be
considered for rewards provided under title VII
of this Act;
``(iv) provide for the identification of
schools and local educational agencies in need
of improvement, as required by section 1116,
and for the provision of technical assistance,
professional development, and other capacity-
building as needed, including those measures
specified in sections 1116(d)(9) and 1117, to
ensure that schools and local educational
agencies so identified have the resources,
skills, and knowledge needed to carry out their
obligations under sections 1114 and 1115 and to
meet the requirements for annual improvement
described in paragraph (2); and
``(v) provide for the identification of
schools and local educational agencies for
corrective action or actions as required by
section 1116, and for the implementation of
corrective actions against school and school
districts when such actions are required under
such section.
``(D) Annual improvement for states.--For a State
to make adequate yearly progress under subparagraph
(A)(iii), not less than 90 percent of the local
educational agencies within the State shall meet the
State's criteria for adequate yearly progress.
``(E) Annual improvement for local educational
agencies.--For a local educational agency to make
adequate yearly progress under subparagraph (A)(ii),
not less than 90 percent of the schools served by the
local educational agency shall meet the State's
criteria for adequate yearly progress.
``(F) Annual improvement for schools.--For an
elementary school or a secondary school to make
adequate yearly progress under subparagraph (A)(i), not
less than 90 percent of each group of students
described in subparagraph (B)(iv) who are enrolled in
such school shall take the assessments described in
paragraph (4)(D) and in section 612(a)(17)(A) of the
Individuals with Disabilities Education Act.
``(G) Public notice and comment.--
``(i) In general.--Each State shall submit
information in the State plan demonstrating
that in developing such plan--
``(I) the State diligently sought
public comment from a range of
institutions and individuals in the
State with an interest in improved
student achievement; and
``(II) the State made and will
continue to make a substantial effort
to ensure that information regarding
content standards, performance
standards, assessments, and the State
accountability system is widely known
and understood by the public, parents,
teachers, and school administrators
throughout the State.
``(ii) Efforts.--The efforts described in
clause (i), at a minimum, shall include annual
publication of such information and explanatory
text to the public through such means as the
Internet, the media, and public agencies. Non-
English language shall be used to communicate
with parents where appropriate.
``(H) Review.--The Secretary shall review
information from each State on the adequate yearly
progress of schools and local educational agencies
within the State required under subparagraphs (A) and
(B) for the purpose of determining State and local
compliance with section 1116.
``(3) State authority.--If a State educational agency
provides evidence that is satisfactory to the Secretary that
neither the State educational agency nor any other State
government official, agency, or entity has sufficient authority
under State law to adopt curriculum content and student
performance standards, and assessments aligned with such
standards, that will be applicable to all students enrolled in
the State's public schools, then the State educational agency
may meet the requirements of this subsection by--
``(A) adopting curriculum content and student
performance standards and assessments that meet the
requirements of this subsection, on a statewide basis,
and limiting the applicability of such standards and
assessments to students served under this part; or
``(B) adopting and implementing policies that
ensure that each local educational agency within a
State receiving a grant under this part will adopt
curriculum content and student performance standards
and assessments--
``(i) that are aligned with the standards
described in subparagraph (A); and
``(ii) that meet the criteria in this
subsection and any regulations regarding such
standards and assessments that the Secretary
may publish and that are applicable to all
students served by each such local educational
agency.
``(4) Assessments.--Each State plan shall demonstrate that
the State has implemented a set of high quality, yearly student
assessments that include, at a minimum, assessments in
mathematics, science, and English language arts, that will be
used, starting not later than the 2000-2001 school year as the
primary means of determining the yearly performance of each
local educational agency and school served by the State under
this title in enabling all children to meet the State's
challenging content and student performance standards. Such
assessments shall--
``(A) be the same assessments used to measure the
performance of all children, if the State measures the
performance of all children;
``(B) be aligned with the State's challenging
content and student performance standards, and provide
coherent information about student attainment of such
standards;
``(C) be used only for purposes for which such
assessments are valid and reliable, and be consistent
with relevant, nationally recognized professional and
technical standards for such assessments;
``(D) measure the performance of students against
the challenging State content and student performance
standards, and be administered not less than once
during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;
``(E) include multiple, up-to-date measures of
student performance, including measures that assess
higher order thinking skills and understanding;
``(F) provide for--
``(i) the participation in such assessments
of all students;
``(ii) the reasonable adaptations and
accommodations for students with disabilities
as defined in 602(3) of the Individuals with
Disabilities Education Act necessary to measure
the achievement of such students relative to
State content and student performance
standards;
``(iii) in the case of a student with
limited English proficiency, the assessment of
such student in the student's native language
if such a native language assessment is more
likely than an English language assessment to
yield accurate and reliable information on what
that student knows and is able to do; and
``(iv) notwithstanding clause (iii), the
assessment (using tests written in English) of
English language arts of any student who has
attended school in the United States (not
including the Commonwealth of Puerto Rico) for
3 or more consecutive school years, except if
the local educational agency determines, on a
case-by-case individual basis, that assessments
in another language and form would likely yield
more accurate and reliable information on what
such students know and can do, the local
educational agency may assess such students in
the appropriate language other than English for
1 additional consecutive year beyond the third
consecutive year; and
``(G) include students who have attended schools in
a local educational agency for a full academic year but
have not attended a single school for a full academic
year, except that the performance of students who have
attended more than 1 school in the local educational
agency in any academic year shall be used only in
determining the progress of the local educational
agency;
``(H) provide individual student reports to be
submitted to parents, including assessment scores or
other information on the attainment of student
performance standards; and
``(I) enable results to be disaggregated 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.
``(5) Rigorous criteria.--States are encouraged to use
rigorous criteria assessment measures.
``(6) First grade literacy assessment.--In addition to
those assessments described in paragraph (4), each State
receiving funds under this part shall describe in its State
plan what reasonable steps it is taking to assist and encourage
local educational agencies--
``(A) to measure literacy skills of first graders
in schools receiving funds under this part by providing
assessments of first graders that are--
``(i) developmentally appropriate;
``(ii) aligned with State content and
student performance standards; and
``(iii) scientifically research-based; and
``(B) to assist and encourage local educational
agencies receiving funds under this part in identifying
and taking developmentally appropriate and effective
interventions in any school served under this part in
which a substantial number of first graders have not
demonstrated grade-level literacy proficiency by the
end of the school year.
``(7) Language assessments.--Each State plan shall identify
the languages other than English and Spanish that are present
in the participating student populations in the State, and
indicate the languages for which yearly student assessments are
not available and are needed. The State may request assistance
from the Secretary if linguistically accessible assessment
measures are needed. Upon request, the Secretary shall assist
with the identification of appropriate assessment measures in
the needed languages, but shall not mandate a specific
assessment or mode of instruction.
``(8) Assessment development.--A State shall develop and
implement the State assessments, including, at a minimum,
mathematics and English language arts, by the 2000-2001 school
year.
``(9) Requirement.--Each State plan shall describe--
``(A) how the State educational agency will assist
each local educational agency and school affected by
the State plan to develop the capacity to comply with
each of the requirements of sections 1114(b), 1115(c),
and 1116 that are applicable to such agency or school;
``(B) how the State educational agency will--
``(i) hold each local educational agency
affected by the State plan accountable for
improved student performance, including a
procedure for--
``(I) identifying local educational
agencies and schools in need of
improvement; and
``(II) assisting local educational
agencies and schools identified under
subclause (I) to address achievement
problems, including thorough
descriptions of the amounts and types
of professional development to be
provided instructional staff, the
amount of any financial assistance to
be provided by the State under section
1003, and the amount of any funds to be
provided by other sources and the
activities to be provided by those
sources; and
``(ii) implementing corrective action if
assistance is not effective;
``(C) how the State educational agency is providing
low-performing students additional academic
instruction, such as before- and after-school programs
and summer academic programs;
``(D) such other factors the State considers
appropriate to provide students an opportunity to
achieve the knowledge and skills described in the
State's challenging content standards;
``(E) the specific steps the State educational
agency will take or the specific strategies the State
educational agency will use to ensure that--
``(i) all teachers in both schoolwide
programs and targeted assistance programs are
fully qualified not later than December 31,
2005; and
``(ii) low-income students and minority
students are not taught at higher rates than
other students by unexperienced, uncertified,
or out-of-field teachers; and
``(F) the measures the State educational agency
will use to evaluate and publicly report the State's
progress in improving the quality of instruction in the
schools served by the State educational agency and
local educational agencies receiving funding under this
Act.
``(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
``(1) 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 elementary schools and secondary
schools to carry out the State educational agency's
responsibilities under this part, including technical
assistance in providing professional development under section
1119(A) and technical assistance under section 1117; and
``(2)(A) where educational service agencies exist, the
State educational agency will consider providing professional
development and technical assistance through such agencies; and
``(B) where educational service agencies do not exist, the
State educational agency will consider providing professional
development and technical assistance through other cooperative
agreements, such as through a consortium of local educational
agencies;
``(3) the State educational agency will use the
disaggregated results of the student assessments required under
subsection (b)(4), and other measures or indicators available
to the State, to review annually the progress of each local
educational agency and school served under this part to
determine whether each such agency and school is making the
annual progress necessary to ensure that all students will meet
the proficient level of performance on the assessments
described in subsection (b)(4) within 10 years of the date of
enactment of the Public Education Reinvestment, Reinvention,
and Responsibility Act;
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual elementary schools and secondary
schools participating in a program assisted under this part;
``(5) the State educational agency will regularly inform
the Secretary and the public in the State of how Federal laws,
if any, hinder the ability of States to hold local educational
agencies and schools accountable for student academic
performance;
``(6) the State educational agency will encourage
elementary schools and secondary schools to consolidate funds
from other Federal, State, and local sources for schoolwide
reform in schoolwide programs under section 1114;
``(7) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that elementary schools
and secondary schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide programs under
section 1114;
``(8) the State educational agency has involved the
committee of practitioners established under section 1703(b)
(as redesignated by section 161(2)) in developing and
monitoring the implementation of the State plan; and
``(9) the State educational agency will inform local
educational agencies of the local educational agency's
authority to obtain waivers under title VIII and, if the State
is an Ed-Flex Partnership State, waivers under the Education
Flexibility Partnership Act of 1999.
``(d) Peer Review and Secretarial Approval.--The Secretary shall--
``(1) establish a peer review process to assist in the
review of State plans;
``(2) only approve a State plan meeting each of the
requirements of this section;
``(3) if the Secretary determines that the State plan does
not meet each of the requirements of subsection (a), (b), or
(c), immediately notify the State of such determination and the
reasons for such determination;
``(4) not disapprove a State plan before--
``(A) notifying the State educational agency in
writing of the specific deficiencies of the State plan;
``(B) offering the State an opportunity to revise
the State plan;
``(C) providing technical assistance in order to
assist the State to meet the requirements under
subsections (a), (b), and (c); and
``(D) providing a hearing;
``(5) have the authority to disapprove a State plan for not
meeting the requirements of this section, but shall not have
the authority to require a State, as a condition of approval of
the State plan, to include in, or delete from, such plan 1 or
more specific elements of the challenging State content
standards or to use specific assessment instruments or items;
and
``(6) require a State to submit a revised State plan that
meets the requirements of this section to the Secretary for
approval not later than 1 year after the date of enactment of
the Public Education Reinvestment, Reinvention, and
Responsibility Act.
``(e) Duration of the Plan.--
``(1) In general.--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) Additional information.--If the State makes
significant changes in its State plan, such as the adoption of
new challenging State content standards and State student
performance standards, new assessments, or a new definition of
adequate yearly progress, the State shall submit such
information to the Secretary.
``(f) Limitation on Conditions.--Nothing in this part shall be
construed to authorize an officer or employee of the Federal Government
to mandate, direct, or control a State's, local educational agency's,
or elementary school's or secondary school's specific challenging
content or student performance standards, assessments, curricula, or
program of instruction, as a condition of eligibility to receive funds
under this part.
``(g) Penalties.--
``(1) In general.--If a State fails to meet the statutory
deadlines for demonstrating that the State has in place
challenging content standards and student performance
standards, assessments, a system for measuring and monitoring
adequate yearly progress, and a statewide system for holding
schools and local educational agencies accountable for making
adequate yearly progress with each group of students specified
in subsection (b)(2)(B)(iv), the State shall be ineligible to
receive any administrative funds under section 1703(c) that
exceed the amount received by the State for such purposes in
the previous year.
``(2) Additional funds.--Based on the extent to which
challenging content standards and student performance
standards, assessments, systems for measuring and monitoring
adequate yearly progress, and a statewide system for holding
schools and local educational agencies accountable for making
adequate yearly progress with each group of students specified
in subsection (b)(2)(B)(iv), are not in place, the Secretary
shall withhold additional administrative funds in such amount
as the Secretary determines appropriate, except that for each
additional year that the State fails to comply with such
requirements, the Secretary shall withhold not less than \1/5\
of the amount the State receives for administrative expenses
under section 1703(c).
``(3) Waiver.--
``(A) In general.--Except as provided in
subparagraph (B), notwithstanding part D of title VIII,
the Education Flexibility Partnership Act of 1999, or
any other provision of law, a waiver of this section
shall not be granted, except that a State may request a
1-time, 1-year waiver to meet the requirements of this
section.
``(B) Exception.--A waiver granted pursuant to
subparagraph (A) shall not apply to the requirements
described under subsection (h).
``(h) Special Rule on Science Standards and Assessments.--
Notwithstanding subsection (b) and part D of title IV, no State shall
be required to meet the requirements under this title relating to
science standards or assessments until the beginning of the 2005-2006
school year.''.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Subgrants.--Section 1112(a)(1) (20 U.S.C. 6312(a)(1)) is
amended by striking ``'' and all that follows and inserting ``the
Individuals with Disabilities Education Act, the Carl D. Perkins
Vocational and Technical Education Act of 1998, the Head Start Act, and
other Acts, as appropriate.''.
(b) Plan Provisions.--Section 1112(b) (20 U.S.C. 6312(b)) is
amended--
(1) by striking ``Each'' and inserting ``In order to help
low-achieving children achieve high standards, each'';
(2) in paragraph (1)--
(A) by striking ``part'' each place it appears and
inserting ``title''; and
(B) in subparagraph (B), by inserting ``low-
achieving'' before ``children'';
(3) in paragraph (4)--
(A) in subparagraph (A)--
(i) by striking ``program,'' and inserting
``programs and''; and
(ii) by striking ``, and school-to-work
transition programs''; and
(B) in subparagraph (B), by striking ``under part
C'' and all that follows through ``dropping out'' and
inserting ``under part C, neglected or delinquent
youth,'';
(4) in paragraph (7), by striking ``eligible'';
(5) in paragraph (9), by striking the period and inserting
a semicolon; and
(6) by adding at the end the following new paragraphs:
``(10) a description of the actions the local educational
agency will take to assist the low-performing schools served by
the local educational agency, including schools identified
under section 1116 as in need of improvement; and
``(11) a description of how the local educational agency
will promote the use of alternative instructional methods, and
extended learning time, such as an extended school year,
before- and after-school programs, and summer programs.''.
(c) Assurances.--Section 1112(c) (20 U.S.C. 6312(c)) is amended to
read as follows:
``(c) Assurances.--
``(1) In general.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(A) specify the steps the local educational
agency will take to ensure that all teachers in both
schoolwide programs and targeted assistance are fully
qualified not later than December 31, 2005 and the
strategies the local educational agency will use to
ensure that low-income students and minority students
are not taught at higher rates than other children by
inexperienced, uncertified, or out-of-field teachers,
and the measures the agency will use to evaluate and
publicly report progress in improving the quality of
instruction in schools served by the local educational
agency and receiving funding under this Act;
``(B) reserve not less than 10 percent of the funds
the agency receives under this part for high quality
professional development, as defined in section 1119,
for professional instruction staff;
``(C) provide eligible schools and parents with
information regarding schoolwide project authority and
the ability of such schools to consolidate funds from
Federal, State, and local sources;
``(D) provide technical assistance and support to
schoolwide programs;
``(E) work in consultation with schools as the
schools develop a school plan pursuant to section
1114(b)(2), and assist schools in implementing such
plans or undertaking activities pursuant to section
1115(c), so that each school can make adequate yearly
progress toward meeting the challenging State student
performance standards;
``(F) use the disaggregated results of the student
assessments required under section 1111(b)(4), and
other measures or indicators available to the agency,
to review annually the progress of each school served
by the agency and receiving funds under this title to
determine whether or not all schools are making the
annual progress necessary to ensure that all students
will meet the proficient level of performance on the
assessments described in section 1111(b)(4) within 10
years of the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act;
``(G) set and hold schools served by the local
educational agency accountable for meeting annual
numerical goals for improving the performance of all
groups of students based on the performance standards
set by the State under section 1111(b)(1)(D)(ii);
``(H) fulfill the local educational agency's school
improvement responsibilities under section 1116,
including taking corrective actions under section
1116(c)(9);
``(I) provide the State educational agency with--
``(i) an annual, up-to-date, and accurate
list of all schools served by the local
educational agency that are eligible for school
improvement and corrective action;
``(ii) the reasons why each school
described in clause (i) was identified for
school improvement or corrective action; and
``(iii) the specific plans for improving
student performance in each of the schools
described in clause (i), including the specific
numerical achievement goals for the succeeding
2 school years, for each group of students
specified in section 1111(b)(2)(B)(iv) enrolled
in each such school;
``(J) provide services to eligible children
attending private elementary schools and secondary
schools in accordance with section 1120, and provide
timely and meaningful consultation with private school
officials regarding such services;
``(K) take into account the experience of model
programs for the educationally disadvantaged and the
findings of relevant scientifically based research when
developing technical assistance plans for, and
delivering technical assistance to, schools served by
the local educational agency that are receiving funds
under this part and are in school improvement or
corrective action;
``(L) in the case of a local educational agency
that chooses to use funds under this part to provide
early childhood development services to low-income
children below the age of compulsory school attendance,
ensure that such services comply with the performance
standards established under section 641A(a) of the Head
Start Act;
``(M) comply with the requirements of section 1119
regarding the qualifications of teachers and
paraprofessionals;
``(N) inform eligible schools served by the local
educational agency of the agency's authority to obtain
waivers on such school's behalf under title VIII, and
if the State is an Ed-Flex Partnership State, under the
Education Flexibility Partnership Act of 1999; and
``(O) coordinate and collaborate, to the extent
feasible and necessary as determined by the local
educational agency, with other agencies providing
services to children, youth, and their families.
``(2) Model programs; scientifically based research.--In
carrying out paragraph (1)(K)--
``(A) the Secretary shall consult with the
Secretary of Health and Human Services on the
implementation of such subparagraph, and shall
establish procedures (taking into consideration
existing State and local laws and local teacher
contracts) to assist local educational agencies to
comply with such subparagraph;
``(B) the Secretary shall disseminate to local
educational agencies the Head Start performance
standards under section 641A(a) of the Head Start Act
upon such standard's publication; and
``(C) local educational agencies affected by such
subparagraph shall plan for the implementation of such
subparagraph (taking into consideration existing State
and local laws, and local teacher contracts), including
pursuing the availability of other Federal, State, and
local funding sources to assist in compliance with such
subparagraph.
``(3) Inapplicability.--The provisions of this subsection
shall not apply to preschool programs using the Even Start
model or to Even Start programs.''.
(d) Plan Development and Duration.--Section 1112(d) (20 U.S.C.
6312(d)) is amended to read as follows:
``(d) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers, principals,
local school boards, administrators (including administrators
of programs described in other parts of this title), other
appropriate school personnel, and parents of children in
elementary schools and secondary schools served under this
part.
``(2) Duration.--Each plan described in paragraph (1) shall
remain in effect for the duration of the local educational
agency's participation under this part.
``(3) Review.--Each local educational agency shall
periodically review, and as necessary, revise its plan.''.
(e) State Approval.--Section 1112(e) (20 U.S.C. 6312(e)) is amended
to read as follows:
``(e) Peer Review and State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall
establish a peer review process to assist in the review of
local educational agency plans. The State educational agency
shall approve a local educational agency plan only if the State
educational agency determines that the local educational agency
plan--
``(A) will enable elementary schools and secondary
schools served by the local educational agency and
under this part to help all groups of students
specified in section 1111(b)(1) meet or exceed the
proficient level of performance on the assessments
required under section 1111(b)(4) within 10 years of
the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act; and
``(B) meets each of the requirements of this
section.
``(3) State review.--Each State educational agency shall at
least annually review each local agency plan approved under
this subsection against the results of the disaggregated
assessments required under section 1111(b)(4) for each local
educational agency to ensure that the progress of all students
in schools served by each local educational agency under this
part is adequate to ensure that all students in the State will
meet or exceed the proficient standard level of performance on
assessments within 10 years of the date of enactment of the
Public Education Reinvestment, Reinvention, and Responsibility
Act.
``(4) Public review.--Each State educational agency will
make publicly available each local educational agency plan.''.
(f) Parental Notification for English Language Instruction.--
Section 1112 (20 U.S.C. 6312) is amended by adding at the end the
following:
``(g) Parental Notification and Consent for English Language
Instruction.--
``(1) Notification.--If a local educational agency uses
funds under this part to provide English language instruction
to limited English proficient students, the local educational
agency shall inform a parent or the parents of a child
participating in an English language assistance educational
program assisted under this part of--
``(A) the reasons for the identification of the
child as being in need of English language instruction;
``(B) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
``(C) how the English language assistance
educational program will specifically help the child
learn English and meet age-appropriate standards for
grade promotion and graduation;
``(D) the specific exit requirements of the English
language assistance educational program;
``(E) the expected rate of graduation from the
English language assistance educational program into
mainstream classes; and
``(F) the expected rate of graduation from
secondary school if funds under this part are used for
children in secondary schools.
``(2) Consent; parental rights.--
``(A) In general.--A parent or the parents of a
child participating in an English language assistance
educational program under this part shall--
``(i) have the option of selecting among
methods of instruction, if more than one method
is offered in the program; and
``(ii) have the right to have their child
immediately removed from the program upon their
request.
``(B) Receipt of information.--A parent or the
parents of a child identified for participation in an
English language assistance educational program under
this part shall receive, in a manner and form
understandable to the parent or parents, the
information required by this subsection. At a minimum,
the parent or parents shall receive--
``(i) timely information about English
language assistance educational programs for
limited English proficient children assisted
under this part; and
``(ii) if a parent of a participating child
so desires, notice of opportunities for regular
meetings of parents of limited English
proficient children participating in English
language assistance educational programs under
this part for the purpose of formulating and
responding to recommendations from such
parents.
``(3) Basis for admission or exclusion.--No student shall
be admitted to or excluded from any federally assisted
education program solely on the basis of a surname or language
minority status.''.
SEC. 107. SCHOOLWIDE PROGRAMS.
(a) Use of Funds for Schoolwide Programs.--Section 1114(a) (20
U.S.C. 6314(a)) is amended--
(1) in paragraph (1), by striking ``school described in
subparagraph (A)'' and all that follows through ``such
families.'' the second place it appears and inserting ``school
that serves an eligible school attendance area in which--
``(A) not less than 40 percent of the children are
from low-income families; or
``(B) not less than 40 percent of the children
enrolled in the school are from such families.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``subsections
(c)(1) and (e) of''; and
(B) in subparagraph (B), by striking ``subsections
(c)(1) and (e) of''.
(b) Components of a Schoolwide Program.--Section 1114(b) (20 U.S.C.
6314(b)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``section
1111(b)(1)'' and inserting ``section 1111(b)'';
(B) in subparagraph (B)--
(i) in clause (i), by striking ``section
1111(b)(1)(D)'' and inserting ``1111(b)'';
(ii) in clause (iii)(II), by inserting
``and'' after the semicolon;
(iii) in clause (iv)(II), by striking ``;
and'' and inserting a period; and
(iv) by striking clause (vii); and
(C) in subparagraph (G), by striking ``section
1112(b)(1)'' and inserting ``section 1112''; and
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by striking ``Improving America's
Schools Act of 1994'' and inserting ``Public
Education Reinvestment, Reinvention, and
Responsibility Act'';
(ii) by striking ``subsections (c)(1) and
(e) of''; and
(iii) in clause (iv), by striking ``section
1111(b)(3)'' and inserting ``section
1111(b)(4)'';
(B) in subparagraph (B), by striking ``paragraphs
(1) and (3) of section 1111(b)'' and inserting
``paragraphs (1) and (4) of section 1111(b)''; and
(C) in subparagraph (C)(i)--
(i) in subclause (I), by striking
``subsections (c) and (e) of''; and
(ii) in subclause (II), by striking
``Improving America's Schools Act of 1994'' and
inserting ``Public Education Reinvestment,
Reinvention, and Responsibility Act''.
SEC. 108. SCHOOL CHOICE.
Section 1115A (20 U.S.C. 6316) is amended to read as follows:
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use funds
under this part, in combination with State, local, and private funds,
to develop and implement public school choice programs, for children
eligible for assistance under this part, that permit parents to select
the public school that their child will attend and are consistent with
State and local law, policy, and practice related to public school
choice and local pupil transfer.
``(b) Choice Plan.--A local educational agency that chooses to
implement a public school choice program under this section shall first
develop a plan that--
``(1) contains an assurance that all eligible students
across grade levels served under this part will have equal
access to the program;
``(2) contains an assurance that the program does not
include elementary schools or secondary schools that follow a
racially discriminatory policy;
``(3) describes how elementary schools or secondary schools
will use resources under this part, and from other sources, to
implement the plan;
``(4) contains an assurance that the plan will be developed
with the involvement of parents and others in the community to
be served, and individuals who will carry out the plan,
including administrators, teachers, principals, and other
staff;
``(5) contains an assurance that parents of eligible
students served by the local educational agency will be given
prompt notice of the existence of the public school choice
program, the program's availability to such parents, and a
clear explanation of how the program will operate;
``(6) contains an assurance that the public school choice
program--
``(A) shall include charter schools and any other
public elementary school and secondary school; and
``(B) shall not include as a `receiving school' an
elementary school or a secondary school that--
``(i) is or has been identified as a school
in, or eligible for, school improvement or
corrective action;
``(ii) has been in school improvement or
corrective action within the last 2 consecutive
academic years; or
``(iii) is at risk of being eligible for
school improvement within the next school year;
``(7) contains an assurance that transportation services or
the costs of transportation to and from the public school
choice program--
``(A) may be provided by the local educational
agency with funds under this part and from other
sources; and
``(B) shall not be provided from funds made
available under this part to the local educational
agency that exceed 10 percent of such funds; and
``(8) contains an assurance that such local educational
agency will comply with the other requirements of this part.''.
SEC. 109. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
(a) Local Review.--Section 1116(a) (20 U.S.C. 6317(a)) is amended--
(1) in paragraph (2), by striking ``1111(b)(2)(A)(i)'' and
inserting ``1111(b)(2)(B)'';
(2) in paragraph (3)--
(A) by striking ``individual school performance
profiles'' and inserting ``school report cards'';
(B) by striking ``1111(b)(3)(I)'' and inserting
``1111(b)(4)(I)''; and
(C) by striking ``and'' after the semicolon;
(3) in paragraph (4), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(5) review the effectiveness of the actions and
activities the schools are carrying out under this part with
respect to parental involvement assisted under this Act.''.
(b) School Improvement.--Section 1116(c) (20 U.S.C. 6317(c)) is
amended to read as follows:
``(c) School Improvement.--
``(1) In general.--A local educational agency shall
identify for school improvement any elementary school or
secondary school served under this part that--
``(A) for 2 consecutive years failed to make
adequate yearly progress as defined in the State's plan
under section 1111(b)(2); or
``(B) was in, or was eligible for, school
improvement status under this section on the day
preceding the date of the enactment of the Public
Education Reinvestment, Reinvention, and Responsibility
Act.
``(2) Transition.--The 2-year period described in paragraph
(1)(A) shall include any continuous period of time immediately
preceding the date of the enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act during which
an elementary school or a secondary school did not make
adequate yearly progress as defined in the State's plan, as
such plan was in effect on the day preceding the date of
enactment of the Public Education Reinvestment, Reinvention and
Responsibility Act.
``(3) Targeted assistance schools.--To determine if an
elementary school or a secondary school that is conducting a
targeted assistance program under section 1115 should be
identified as in need of improvement under this subsection, a
local educational agency may choose to review the progress of
only those students in such school who are served, or are
eligible for services, under this part.
``(4) Opportunity to review and present evidence.--(A)
Before identifying an elementary school or a secondary school
for school 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 the proposed identification is based.
``(B) If the principal of a school proposed for
identification as in need of school improvement believes that
the proposed identification is in error for statistical or
other substantive reasons, the principal may provide supporting
evidence to the local educational agency, which the agency
shall consider before making a final determination.
``(5) Time limits.--Not later than 30 days after a local
educational agency makes its initial determination that a
school served by the agency and receiving assistance under this
part is eligible for school improvement, the local educational
agency shall make public a final determination on the status of
the school.
``(6) Notification to parents.--A local educational agency
shall, in an easily understandable format, and in the 3
languages, other than English, spoken by the greatest number of
individuals in the area served by the local educational agency,
provide in writing to parents of each student in an elementary
school or a secondary school identified for school
improvement--
``(A) an explanation of what the school improvement
identification means, and how the school identified for
improvement compares in terms of academic performance
to other elementary schools or secondary schools served
by the local educational agency and the State
educational agency;
``(B) the reasons for such identification;
``(C) the data on which such identification was
based;
``(D) an explanation of what the school identified
for improvement is doing to address the problem of low
achievement;
``(E) an explanation of what the local educational
agency or State educational agency is doing to help the
school address its achievement problems, including the
amounts and types of professional development being
provided to the instructional staff in such school, the
amount of any financial assistance being provided by
the State educational agency under section 1003, and
the activities that are being provided with such
financial assistance;
``(F) an explanation of how parents described in
this paragraph can become involved in addressing the
academic issues that caused the school to be identified
as in need of improvement; and
``(G) an explanation of the right of parents,
pursuant to paragraph (7), to transfer their child to a
higher performing public school, including a public
charter school or magnet school, that is not in school
improvement, and how such transfer shall operate.
``(7) Public school choice option.--
``(A) Schools in corrective action.--
``(i) Schools in corrective action on or
before date of enactment.--In the case of a
school identified for corrective action on or
before the date of enactment of the Public
Education Reinvestment, Reinvention, and
Responsibility Act, a local educational agency
shall not later than 18 months after such date
of enactment provide all students enrolled in
the school an option to transfer (consistent
with State and local law, policy, and practices
related to public school choice and local pupil
transfer) to any other higher performing public
school, including a public charter or magnet
school, that--
``(I) has not been identified for
school improvement or corrective
action;
``(II) is not at risk of being
identified for school improvement or
corrective action within the succeeding
academic year; and
``(III) has not been in corrective
action at any time during the 2
preceding academic years.
``(ii) Schools identified after date of
enactment.--In the case of a school identified
for corrective action after the date of
enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act, a local
educational agency shall not later than 12
months after the date on which a local
educational agency identifies the school for
corrective action provide all students enrolled
in the school with the transfer option
described in clause (i).
``(B) Cooperative agreement.--If all public schools
served by the local educational agency to which a child
may transfer under clause (i) are identified for
corrective action, the local educational agency shall,
to the extent practicable, establish a cooperative
agreement with other local educational agencies that
serve geographic areas in proximity to the geographic
area served by the local educational agency, to enable
a child to transfer (consistent with State and local
law, policy, and practices related to public school
choice and local pupil transfer) to a school served by
such other local educational agencies that meets the
requirements described in subparagraph (A)(i).
``(C) Transportation.--A local educational agency
that serves a school that has been identified for
corrective action shall provide transportation services
or the costs of such services for children of parents
who choose to transfer their children pursuant to this
paragraph to a different school. Not more than 10
percent of the funds allocated to a local educational
agency under this part may be used to provide such
transportation services or costs of such services.
``(D) Continuation option.--Once a school is no
longer identified for or in corrective action, the
local educational agency shall continue to provide
public school choice as an option to students in such
schools for a period of not less than 2 years.
``(8) School plan.--(A) Each school identified under
paragraph (1) for school improvement shall, after being so
identified, develop or revise a school plan, in consultation
with parents, school staff, the local educational agency
serving the school, the local school board, and other outside
experts, for approval by such local educational agency. The
school plan shall--
``(i) incorporate scientifically based research
strategies that strengthen the core academic programs
in the school and address the specific academic issues
that caused the school to be identified for school
improvement;
``(ii) adopt policies and practices in the school's
core academic program that have the greatest likelihood
of ensuring that all groups of students specified in
section 1111(b)(2)(B)(iv) enrolled in the school will
meet or exceed the State's proficient level of
performance on the assessment required in section
1111(b)(4) within 10 years of the date of enactment of
the Public Education Reinvestment, Reinvention, and
Responsibility Act;
``(iii) assure that the school will reserve not
less than 10 percent of the funds made available to it
under this part for each fiscal year that the school is
in school improvement for the purpose of providing the
school's teachers and principal high quality
professional development that--
``(I) directly addresses the academic
achievement problem that caused the school to
be identified for school improvement; and
``(II) meets the requirements for
professional development activities under
section 1119;
``(iv) specify how the funds described in clause
(iii) will be used to remove the school from school
improvement status;
``(v) establish specific annual, numerical progress
goals for each group of students specified in section
1111(b)(2)(B)(iv) enrolled in the school that will
ensure that all such groups of students meet or exceed
the State's proficient standard level of performance
within 10 years of the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility
Act;
``(vi) identify how the school will provide written
notification to parents of each child enrolled in such
school, in a format and, to the extent practicable, in
a language such parents can understand; and
``(vii) specify the responsibilities of the school,
the local educational agency, and the State educational
agency serving such school under the plan.
``(B) The local educational agency described in
subparagraph (A)(vi) may condition approval of a school plan on
inclusion of 1 or more of the corrective actions specified in
paragraph (10)(C).
``(C) A school shall implement the school plan or revised
plan expeditiously, but not later than the beginning of the
school year following the school year in which the school was
identified for improvement.
``(D) The local educational agency described in
subparagraph (A)(vi) shall establish a peer review process to
assist with review of a school improvement plan prepared by the
school served by the local educational agency, promptly review
the school plan, work with the school as necessary, and approve
the school plan if the school plan meets the requirements of
this paragraph.
``(9) Technical assistance.--(A) For each school identified
for school improvement under paragraph (1), the local
educational agency serving the school shall provide technical
assistance as the school develops and implements its school
plan.
``(B) Such technical assistance--
``(i) shall include assistance in analyzing data
from the assessments required under section 1111(b)(4),
and other samples of student work, to identify and
address instructional problems and solutions;
``(ii) shall include assistance in identifying and
implementing scientifically based instructional
strategies and methods that have proven effective in
addressing the specific instructional issues that
caused the school to be identified for school
improvement;
``(iii) shall include assistance in analyzing and
revising the school's budget such that the school
resources are more effectively focused on those
activities most likely to increase student achievement
and to remove the school from school improvement
status;
``(iv) may be provided directly by the local
educational agency, through mechanisms authorized under
section 1117, or with the local educational agency's
approval, by the State educational agency, an
institution of higher education in full compliance with
all the reporting provisions of title II of the Higher
Education Act of 1965, a private not-for-profit
organization or for-profit organization, an educational
service agency, the recipient of a Federal contract or
cooperative agreement as described under section 7005,
or other entity with experience in helping schools
improve achievement.
``(C) Technical assistance provided under this section by a
local educational agency or an entity authorized by such agency
shall be based upon scientifically based research.
``(10) Corrective action.--In order to help students served
under this part meet challenging State standards, each local
educational agency shall implement a system of corrective
action in accordance with the following:
``(A) After providing technical assistance under
paragraph (9) and subject to subparagraph (F), the
local educational agency--
``(i) may take corrective action at any
time with respect to a school served by the
local educational agency that has been
identified under paragraph (1);
``(ii) shall take corrective action with
respect to any school served by the local
educational agency that fails to make adequate
yearly progress, as defined by the State under
section 1111(b)(2)(B), after the end of the
second year following the school year in which
the school was identified under paragraph (1);
and
``(iii) shall continue to provide technical
assistance while instituting any corrective
action under clause (i) or (ii).
``(B) As used in this paragraph, the term
`corrective action' means action, consistent with State
and local law, that--
``(i) substantially and directly responds
to--
``(I) the consistent academic
failure of a school that caused the
local educational agency to take such
action; and
``(II) any underlying staffing,
curricula, or other problem in the
school; and
``(ii) is designed to increase
substantially the likelihood that students
enrolled in the school subject to corrective
action will perform at the proficient and
advanced performance levels.
``(C) In the case of a school described in
subparagraph (A)(ii), the local educational agency
shall take not less than 1 of the following corrective
actions:
``(i) Withhold funds from the school.
``(ii) Make alternative governance
arrangements, including reopening the school as
a public charter school.
``(iii) Reconstitute the relevant school
staff.
``(iv)(I) Authorize students to transfer to
other higher performing public schools served
by the local educational agency, including
public charter and magnet schools.
``(II) Provide such students transportation
services, or the costs of transportation, to
such schools (except that such funds used to
provide transportation services or costs of
transportation shall not exceed 10 percent of
the amount authorized under section
1122(a)(2)).
``(III) Take not less than 1 additional
action described under this subparagraph.
``(v) Institute and fully implement a new
curriculum, including appropriate professional
development for all relevant staff, that is
based upon scientifically based research and
offers substantial promise of improving
educational achievement for low-performing
students.
``(D) A local educational agency may delay, for a
period not to exceed 1 year, implementation of
corrective action only if the failure to make adequate
yearly progress was justified due to exceptional or
uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the local educational agency or
school.
``(E) The local educational agency shall publish
and disseminate to the public and to the parents of
each student enrolled in a school subject to corrective
action, in a format and, to the extent practicable, in
a language that the parents can understand, information
regarding any corrective action the local educational
agency takes under this paragraph through such means as
the Internet, the media, and public agencies.
``(F)(i) Before taking corrective action with
respect to any school under this paragraph, a local
educational agency shall provide the school an
opportunity to review the school level data, including
assessment data, on which the proposed determination is
made.
``(ii) If the school believes that the proposed
determination is in error for statistical or other
substantive reasons, the school principal may provide
supporting evidence to the local educational agency,
which shall consider such evidence before making a
final determination.
``(G) Time limits.--Not later than 30 days after
the local educational agency makes its initial
determination that a school served by the local
educational agency and receiving assistance under this
part is eligible for corrective action, the local
educational agency shall make a final and public
determination on the status of the school.
``(11) State educational agency responsibilities.--If a
State educational agency determines that a local educational
agency failed to carry out its responsibilities under this
section, or determines that, after 1 year of implementation of
the corrective action, such action has not resulted in
sufficient progress in increased student performance, the State
educational agency shall take such action as the agency finds
necessary, including designating a course of corrective action
described in paragraph (10)(C), consistent with this section,
to improve the affected schools and to ensure that the local
educational agency carries out the local educational agency's
responsibilities under this section.
``(12) Special rules.--Schools that, for at least 2 of the
3 years following identification under paragraph (1), make
adequate yearly progress toward meeting the State's proficient
and advanced levels of performance shall no longer be
identified for school improvement.''.
(c) State Review and Local Educational Agency Improvement.--Section
1116(d) (20 U.S.C. 6317(d)) is amended to read as follows:
``(d) State Review and Local Educational Agency Improvement.--
``(1) In general.--A State educational agency shall
annually review the progress of each local educational agency
within the State receiving funds under this part to determine
whether schools served by such agencies and receiving
assistance under this part are making adequate yearly progress,
as defined in section 1111(b)(2), toward meeting the State's
student performance standards and to determine whether each
local educational agency is carrying out its responsibilities
under sections 1116 and 1117.
``(2) Identification of local educational agency for
improvement.--A State educational agency shall identify for
improvement any local educational agency that--
``(A) for 2 consecutive years fails to make
adequate yearly progress as defined in the State's plan
under section 1111(b)(2); or
``(B) had been identified for, or was eligible for,
improvement under this section as this section was in
effect on the day preceding the date of enactment of
the Public Education Reinvestment, Reinvention, and
Responsibility Act.
``(3) Transition.--The 2-year period described in paragraph
(2)(A) shall include any continuous period of time immediately
preceding the date of the enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act during which
a local educational agency did not make adequate yearly
progress as defined in the State's plan, as such plan was in
effect on the day preceding the date of the enactment of the
Public Education Reinvestment, Reinvention, and Responsibility
Act.
``(4) Targeted assistance schools.--For purposes of
targeted assistance schools within a local educational agency,
a State educational agency may choose to review the progress of
only the students in such schools who are served under this
part.
``(5) Opportunity to review and present evidence.--(A)
Before identifying a local educational agency for improvement
under paragraph (2), a State educational agency shall provide
the local educational agency with an opportunity to review the
local educational agency data, including assessment data, on
which the proposed identification is based.
``(B) If the local educational agency believes that the
proposed identification is in error for statistical or other
substantive reasons, the local educational agency may provide
supporting evidence to the State educational agency, which the
State educational agency shall consider before making a final
determination.
``(6) Time limits.--Not later than 45 days after the State
educational agency makes its initial determination that a local
educational agency within the State and receiving assistance
under this part is eligible for improvement, the State
educational agency shall make public a final determination on
the status of the local educational agency.
``(7) Notification to parents.--The State educational
agency shall promptly notify parents of each student enrolled
in a school served by a local educational agency identified for
improvement, in a format, and to the extent practicable, in a
language the parents can understand, of the reasons for such
agency's identification and how parents can participate in
upgrading the quality of the local educational agency.
``(8) Local educational agency revisions.--
``(A) In general.--Each local educational agency
identified under paragraph (2) shall, after being so
identified, develop or revise a local educational
agency plan, in consultation with the local school
board, parents, teachers, school staff, and others, for
approval by the State educational agency. Such plan
shall--
``(i) incorporate scientifically based
research strategies that strengthen the core
academic program in the local educational
agency;
``(ii) identify specific annual numerical
academic achievement objectives in at least the
areas of mathematics and English language arts
that the local educational agency will meet,
with such objectives being calculated in a
manner such that their achievement will ensure
that each group of students enrolled in each
school served by the local educational agency
will meet or exceed the proficient standard
level of performance in assessments required
under section 1111(b)(4) within 10 years of the
date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility
Act; and
``(iii) assure that the local educational
agency will--
``(I) reserve not less than 10
percent of the funds made available to
the local educational agency under this
part for each fiscal year that the
agency is in improvement for the
purpose of providing high quality
professional development to teachers
and principals at schools served by the
agency and receiving funds under this
part that directly address the academic
achievement problem that caused the
local educational agency to be
identified for improvement and shall be
in keeping with the definition of
professional development provided in
section 1119; and
``(II) the improvement plan shall
specify how these funds will be used to
remove the local educational agency
from improvement status;
``(iv) identify how the local educational
agency will provide written notification to
parents described in paragraph (7) in a format,
and to the extent practicable in a language,
that the parents can understand, pursuant to
paragraph (7);
``(v) specify the responsibilities of the
State educational agency and the local
educational agency under the plan; and
``(vi) include a review of the local
educational agency budget to ensure that
resources are focused on those activities that
are most likely to improve student achievement
and to remove the agency from improvement
status.
``(B) Peer review.--The State educational agency
shall establish a peer review process to assist with
the review of the local educational agency improvement
plan, promptly review the plan, work with the local
educational agency as necessary, and approve the plan
if the plan meets the requirements of this paragraph.
``(C) Deadline for implementation.--The local
educational agency shall implement the local
educational agency plan or revised plan expeditiously,
but not later than the beginning of the school year
following the school year in which the agency was
identified for improvement.
``(D) Resources reallocation.--If the local
educational agency budget fails to allocate resources,
consistent with, subparagraph (A)(iv), the State
educational agency may direct the local educational
agency to reallocate resources to more effective
activities.
``(9) State educational agency responsibility.--For each
local educational agency identified under paragraph (2), the
State educational agency shall provide technical or other
assistance, if requested, as authorized under section 1117, to
better enable the local educational agency--
``(A) to develop and implement the local
educational agency plan or revised plan as approved by
the State educational agency consistent with the
requirements of this section; and
``(B) to work with schools served by the local
educational agency that are identified for improvement.
``(10) Technical assistance.--Technical assistance provided
by the State educational agency--
``(A) shall include assistance in analyzing data
from the assessments required under section 1111(b)(4)
to identify and address instructional problems and
solutions;
``(B) shall include assistance in identifying and
implementing scientifically based instructional
strategies and methods that have proven effective in
addressing the specific instructional issues that
caused the local educational agency to be identified
for improvement;
``(C) shall include assistance in analyzing and
revising the local educational agency's budget such
that the agency's resources are more effectively
focused on those activities most likely to increase
student achievement and to remove the agency from
improvement status; and
``(D) may be provided by--
``(i) the State educational agency; or
``(ii) with the local educational agency's
approval, by an institution of higher education
(in full compliance with all the reporting
provisions of title II of the Higher Education
Act of 1965), a private not-for-profit or for-
profit organization, an educational service
agency, the recipient of a Federal contract or
cooperative agreement as described under
section 7005, or any other entity with
experience in helping schools improve
achievement.
``(11) Resources reallocation.--The State educational
agency may, as a condition of providing the local educational
agency with technical assistance and financial support in
developing and carrying out an improvement plan, require that
the local educational agency reallocate resources away from
ineffective or inefficient activities to activities that,
through scientific research, have proven to have the greatest
impact on increasing student achievement and closing the
achievement gap between groups of students.
``(12) Corrective action.--In order to help students served
under this part meet challenging State standards, each State
educational agency shall implement a system of corrective
action in accordance with the following:
``(A) After providing technical assistance under
paragraph (10), and subject to subparagraph (D), the
State educational agency--
``(i) shall take corrective action with
respect to any local educational agency that
fails to make adequate yearly progress, as
defined by the State, after the end of the
second year following its identification under
paragraph (2); and
``(ii) shall continue to provide technical
assistance while instituting any corrective
action under clause (i) or (ii).
``(B) As used in this paragraph, the term
`corrective action' means action, consistent with State
law, that--
``(i) substantially and directly responds
to--
``(I) the consistent academic
failure of schools served by a local
educational agency that caused the
State educational agency to take such
action with respect to the local
educational agency; and
``(II) any underlying staffing,
curricular, or other problem in the
schools served by the local educational
agency; and
``(ii) is designed to meet the goal of
having all students served under this part
perform at the proficient and advanced
performance levels.
``(C) In the case of a local educational agency
described in subparagraph (A)(ii), the State
educational agency shall take not less than 1 of the
following corrective actions:
``(i) Withhold funds from the local
educational agency.
``(ii) Reconstitute the relevant local
educational agency personnel.
``(iii) Remove particular schools from the
area served by the local educational agency,
and establish alternative arrangements for
public governance and supervision of such
schools.
``(iv) Appoint, through the State
educational agency, a receiver or trustee to
administer the affairs of the local educational
agency in place of the local educational
agency's superintendent and school board.
``(v) Abolish or restructure the local
educational agency.
``(vi)(I) Authorize students to transfer
from a school operated by the local educational
agency to a higher performing public school,
including a public charter or magnet school,
operated by another local educational agency.
``(II) Provide students described in
subclause (I) transportation services, or the
costs of transportation, not to exceed 10
percent of the funds allocated to a local
educational agency under this part, to such
higher performing schools or public charter
schools.
``(III) Take not less than 1 additional
action described under this subparagraph.
``(D) Prior to implementing any corrective action,
the State educational agency shall provide notice and a
opportunity for a hearing to the affected local
educational agency, if State law provides for such
notice and opportunity.
``(E) Not later than 45 days after the State
educational agency makes its initial determination that
a local educational agency in the State and receiving
assistance under this part is eligible for improvement,
the State educational agency shall make public a final
determination on the status of the local educational
agency.
``(F) The State educational agency shall publish
and disseminate to parents described in paragraph (7)
and the public information regarding any corrective
action the State educational agency takes under this
paragraph through such means as the Internet, the
media, and public agencies.
``(G) The State educational agency may delay, for a
period not to exceed 1 year, implementation of
corrective action if the local educational agency's
failure to make adequate yearly progress was justified
due to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources of the
local educational agency or schools served by the local
educational agency.''.
SEC. 110. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended to read as follows:
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
``(a) System for Support.--Using funds allocated under section
1003(a)(1), each State educational agency shall establish a statewide
system of intensive and sustained support and improvement for local
educational agencies, elementary schools, and secondary schools
receiving funds under this part, in order to ensure that all groups of
students specified in section 1111 and attending such schools meet or
exceed the proficient standard level performance on the assessments
required by section 1111(b)(4) within 10 years of the date of enactment
of the Public Education Reinvestment, Reinvention, and Responsibility
Act.
``(b) Priorities.--In carrying out this section, a State
educational agency shall--
``(1) first, provide support and assistance to local
educational agencies and schools identified as in need of
improvement under section 1116;
``(2) second, provide support and assistance to local
educational agencies subject to corrective action under section
1116, and assist elementary schools and secondary schools, in
accordance with section 1116(c)(11), for which a local
educational agency has failed to carry out its responsibilities
under section 1116(c) (9) and (10); and
``(3) third, provide support and assistance to local
educational agencies and schools that are at risk of being
identified as being in need of improvement within the next
academic year, participating under this part.
``(c) Approaches.--In order to achieve the purpose described in
subsection (a), each statewide system shall provide technical
assistance and support through approaches such as--
``(1) school support teams, composed of individuals who are
knowledgeable about scientifically based research, teaching and
learning practices, and particularly about strategies for
improving educational results for low-achieving children; and
``(2) designating and using Distinguished Educators, who
are chosen from schools served under this part that have been
especially successful in improving academic achievement.
``(d) Funds.--Each State educational agency--
``(1) shall use funds reserved under section 1003(a)(1),
but not used under section 1003(a)(2), to carry out this
section; and
``(2) may use State administrative funds authorized under
section 1703(c) to carry out this section.
``(e) Alternatives.--The State educational agency may--
``(1) devise additional approaches to providing the
technical assistance and support described in subsection (c),
such as providing assistance through institutions of higher
education, educational service agencies, or other local
consortia; and
``(2) seek approval from the Secretary to use funds under
section 1003(a)(2) for such approaches as part of the State
plan.''.
SEC. 111. PARENTAL INVOLVEMENT CHANGES.
(a) Local Educational Agency Policy.--Section 1118(a) (20 U.S.C.
6319(a)) is amended--
(1) in paragraph (1), by striking ``programs, activities,
and procedures'' and inserting ``activities and procedures'';
(2) in paragraph (2), by striking subparagraphs (E) and (F)
and inserting the following:
``(E) conduct, with the involvement of parents, an
annual evaluation of the content and effectiveness of
the parental involvement policy in improving the
academic quality of the schools served under this part;
``(F) involve parents in the activities of the
schools served under this part; and
``(G) promote consumer friendly environments within
the local educational agency and schools served under
this part.'';
(3) in paragraph (3), by adding at the end the following
new subparagraph:
``(C) Not less than 90 percent of the funds reserved under
subparagraph (A) shall be distributed to schools served under
this part.''.
(b) Notice.--Section 1118(b)(1) (20 U.S.C. 6319(b)(1)) is amended
by inserting after the first sentence ``Parents shall be notified of
the policy in a format, and to the extent practicable in a language,
that the parents can understand.''.
(c) Parental Involvement.--Section 1118(c)(4) (20 U.S.C.
6319(c)(4)) is amended--
(1) in subparagraph (B), by striking ``school performance
profiles required under section 1116(a)(3)'' and inserting
``school reports described under section 4401'';
(2) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively;
(3) by inserting after subparagraph (C) the following:
``(D) notice of the school's designation as a
school in need of improvement under section 1116(b), if
applicable, and a clear explanation of what such
designation means;
``(E) notice of corrective action taken against the
school under section 1116(c)(9) and 1116(d)(12), if
applicable, and a clear explanation of what such action
means;''; and
(4) in subparagraph (G) (as redesignated by paragraph (2)),
by striking ``subparagraph (D)'' and inserting ``subparagraph
(F)''.
(d) Building Capacity for Involvement.--Section 1118(e) (20 U.S.C
6319(e)) is amended--
(1) in paragraph (1), by striking ``National Educational
Goals,'';
(2) by redesignating paragraphs (14) and (15) as paragraphs
(16) and (17), respectively;
(3) by inserting after paragraph (13) the following:
``(14) may establish a district wide parent advisory
council to advise on all matters related to parental
involvement in programs supported under this part;''; and
(4) by redesignating paragraph (5) as paragraph (15) and
transferring such paragraph to follow paragraph 14 (as
redesignated by paragraph (3));
(5) by inserting after paragraph (4) the following:
``(5) shall expand the use of electronic communications
among teachers, students, and parents, such as through the use
of websites and e-mail communications;'';
(6) in paragraph (8), by inserting ``, to the extent
practicable, in a language and format the parent can
understand'' before the semicolon; and
(7) in paragraph (15) (as redesignated by paragraph (4)),
by striking ``shall'' and inserting ``may''.
(e) Accessibility.--Section 1118(f) (20 U.S.C. 6319(f)) is amended
by striking ``, including'' and all that follows through the period and
inserting ``and of parents of migratory children, including providing
information and school reports required under section 1111 and
described in section 4401 in a language and form such parents
understand.''.
SEC. 112. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
Title I of the Act (20 U.S.C. 6301 et seq.) is amended--
(1) by redesignating section 1119 (20 U.S.C. 6320) as
section 1119A; and
(2) by inserting after section 1118 the following:
``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
``(a) In General.--
``(1) Plan.--Each State educational agency receiving
assistance under this part shall develop and submit to the
Secretary a plan to ensure that all teachers teaching within
the State are fully qualified, as defined in section 2001(1),
not later than December 31, 2005. Such plan shall include an
assurance that the State educational agency will require each
local educational agency and school receiving funds under this
part publicly to report the annual progress with respect to the
local educational agency's and school's performance in
increasing the percentage of classes in core academic areas
taught by fully qualified teachers.
``(2) Special rule.--Notwithstanding any other provision of
law, the provisions of this section governing teacher
qualifications shall not supersede State laws governing public
charter schools.
``(b) New Paraprofessionals.--Each local educational agency
receiving assistance under this part shall ensure that each
paraprofessional hired after December 31, 2003, and working in a
program assisted under this part--
``(1) has completed at least the number of courses at an
institution of higher education in the area of elementary
education, or in the related subject area in which the
paraprofessional is working, for a minor degree at such
institution;
``(2) has obtained an associate's (or higher) degree; or
``(3) has met a rigorous standard of quality that
demonstrates, through formal State certification (as
established in subsection (h)),--
``(A) knowledge of, and the ability to provide
tutorial assistance in, reading, writing, and
mathematics; or
``(B) knowledge of, and the ability to provide
tutorial assistance in, reading readiness, writing
readiness, and mathematics readiness, as appropriate.
``(c) Existing Paraprofessionals.--Each local educational agency
receiving assistance under this part shall ensure that each
paraprofessional working in a program assisted under this part shall,
not later than 3 years after the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act, satisfy
the requirements of subsection (b).
``(d) Exceptions for Translation and Parental Involvement
Activities.--Subsections (b) and (c) shall not apply to a
paraprofessional--
``(1) who is proficient in English and a language other
than English, and who provides services primarily to enhance
the participation of children in programs under this part by
acting as a translator; or
``(2) whose duties consist solely of conducting parental
involvement activities consistent with section 1118 or other
school readiness activities that are noninstructional.
``(e) General Requirement for All Paraprofessionals.--Each local
educational agency receiving assistance under this part shall ensure
that each paraprofessional working in a program assisted under this
part, regardless of the paraprofessional's hiring date, possesses a
secondary school diploma or its recognized equivalent.
``(f) Duties of Paraprofessionals.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall ensure that a paraprofessional
working in a program assisted under this part is not assigned a
duty inconsistent with this subsection.
``(2) Authorized responsibilities.--A paraprofessional
described in paragraph (1) may be assigned--
``(A) to provide 1-on-1 tutoring for eligible
students under this part, if the tutoring is scheduled
at a time when the student would not otherwise receive
instruction from a teacher;
``(B) to assist with classroom management, such as
organizing instructional and other materials;
``(C) to provide assistance in a computer
laboratory;
``(D) to conduct parental involvement activities or
school readiness activities that are noninstructional;
``(E) to provide support in a library or media
center;
``(F) to act as a translator; or
``(G) to provide assistance with extra curricular
activities which are noninstructional.
``(3) Limitations.--A paraprofessional described in
paragraph (1)--
``(A) shall not perform the duties of a certified
teacher or a substitute; and
``(B) shall not perform any duty assigned under
paragraph (2) unless under the direct supervision of a
fully qualified teacher or other appropriate
professional.
``(g) Uses of Funds.--
``(1) Professional development.--Notwithstanding subsection
(h)(2), a local educational agency receiving funds under this
part may use such funds to support ongoing training and
professional development to assist teachers and
paraprofessionals in satisfying the requirements of this
section.
``(2) Limitation on use of funds for paraprofessionals.--
``(A) In general.--Beginning on the date of
enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act, a local
educational agency may not use funds received under
this part to fund any paraprofessional hired after such
date unless--
``(i) the hiring is to fill a vacancy
created by the departure of another
paraprofessional funded under this part; or
``(ii) the local educational agency can
demonstrate that a significant influx of
population has substantially increased student
enrollment, or demonstrate an increased need
for translators or assistance with parent
involvement activities.
``(B) Exception.--Subparagraph (A) shall not apply
to a local educational agency that can demonstrate to
the State that all core classes taught in the schools
served by the local educational agency are taught by
fully qualified teachers.
``(h) State Certification.--Each State educational agency receiving
assistance under this part shall--
``(1) ensure that the State educational agency has in place
State criteria for the certification of paraprofessionals by
December 31, 2002; and
``(2) ensure that paraprofessionals hired before December
31, 2003, are in high-quality professional development
activities that ensure that the paraprofessional has the
ability to provide tutorial assistance in--
``(A) reading, writing, and mathematics: or
``(B) reading readiness, writing readiness, and mathematics
readiness, as appropriate.
``(i) Verification of Compliance.--
``(1) In general.--In verifying compliance with this
section, each local educational agency, at a minimum, shall
require that the principal of each elementary school and
secondary school operating a program under section 1114 or 1115
annually attest in writing as to whether each such school is in
compliance with the requirements of this section.
``(2) Availability of information.--Copies of the annual
certification described in paragraph (1)--
``(A) shall be maintained at each elementary school
and secondary school operating a program under section
1114 or 1115 and at the main office of the local
educational agency; and
``(B) shall be available to any member of the
general public upon request.''.
SEC. 113. PROFESSIONAL DEVELOPMENT.
Section 1119A (as redesignated by section 112(a)) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Purpose.--The purpose of this section is to assist each local
educational agency receiving assistance under this part in increasing
the academic achievement of eligible children (as identified under
section 1115(b)(1)(B)) (in this section referred to as eligible
children) through improved teacher quality.'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Required activities.--Each local educational agency
receiving assistance under this part shall provide professional
development activities under this section that shall--
``(A) give teachers, principals, and administrators
the knowledge and skills to provide eligible children
with the opportunity to meet challenging State or local
content standards and student performance standards;
``(B) support the recruiting, hiring, and training
of fully qualified teachers, including teachers fully
qualified through State and local alternative routes;
``(C) advance teacher understanding of effective
instructional strategies, based on scientifically based
research, for improving eligible children achievement,
at a minimum, in mathematics, science, and English
language arts;
``(D) be directly related to the curricula and
content areas in which the teacher provides
instruction;
``(E) be designed to enhance the ability of a
teacher to understand and use the State's standards for
the subject area in which the teacher provides
instruction;
``(F) be tied to scientifically based research that
demonstrates the effectiveness of such professional
development activities or programs in increasing
eligible children achievement or substantially
increasing the knowledge and teaching skills of
teachers;
``(G) be of sufficient intensity and duration (not
to include 1-day or short-term workshops and
conferences) to have a positive and lasting impact on
the teacher's performance in the classroom, except that
this subparagraph shall not apply to an activity if
such activity is one component of a long-term
comprehensive professional development plan established
by the teacher and the teacher's supervisor based upon
an assessment of their needs, their eligible children's
needs, and the needs of the local educational agency;
``(H) be developed with extensive participation of
teachers, principals, parents, administrators of
schools, and local school boards of schools to be
served under this part;
``(I) to the extent appropriate, provide training
for teachers in the use of technology so that
technology and its applications are effectively used in
the classroom to improve teaching and learning in the
curricula and academic content areas in which the
teachers provide instruction;
``(J) as a whole, be regularly evaluated for such
activities' impact on increased teacher effectiveness
and improved student achievement, with the findings of
such evaluations used to improve the quality of
professional development; and
``(K) include strategies for identifying and
eliminating gender and racial bias in instructional
materials, methods, and practices.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``and
data to inform and instruct classroom
practice'' before the semicolon;
(ii) by striking subparagraphs (D) and (G);
(iii) by redesignating subparagraphs (E),
(F), (H), and (I), as subparagraphs (D), (E),
(F) and (G), respectively; and
(iv) by inserting after subparagraph (G)
(as redesignated by clause (iii)) the following
new subparagraph:
``(H) instruction in the ways that 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 the interest of such students in
those careers.'';
(3) by striking subsections (f) through (i); and
(4) by adding after subsection (e) the following:
``(f) Consolidation of Funds.--Funds provided under this part that
are used for professional development purposes may be consolidated with
funds provided under title II of this Act and other sources.
``(g) Definition.--The term `fully qualified' has the same meaning
given such term in section 2001(1).
``(h) Special Rule.--
``(1) In general.--No State educational agency shall
require a local educational agency or elementary school or
secondary school to expend a specific amount of funds for
professional development activities under this part.
``(2) Exception.--Paragraph (1) shall not apply with
respect to requirements under section 1116(d)(9).''.
SEC. 114. FISCAL REQUIREMENTS.
Section 1120A(a) (20 U.S.C. 6322(a)) is amended by striking
``section 14501'' and inserting ``section 8501''.
SEC. 115. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323) is amended--
(1) in subsection (a), by striking ``to the extent
feasible'' and all that follows through the period and
inserting ``in coordination with local Head Start agencies, and
if feasible, other early childhood development programs.'';
(2) in subsection (b)--
(A) in paragraph (3) by striking ``and'' after the
semicolon;
(B) in paragraph (4) by striking the period and
inserting ``; and''; and
(C) by adding at the end, the following:
``(5) linking the educational services provided in such
local educational agency with the services provided in local
Head Start agencies.''.
SEC. 116. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended to read as follows:
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a), the
Secretary shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas in the amount determined in
accordance with subsection (b); and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (d).
``(b) Assistance to Outlying Areas.--
``(1) Grants authorized.--From the amount made available
for a fiscal year under subsection (a), the Secretary shall
award grants to the outlying areas and freely associated States
to carry out the purposes of this part.
``(2) Competitive grants.--For each of fiscal years 2000
and 2001, the Secretary shall ensure that grants are awarded
under this subsection on a competitive basis in accordance with
paragraph (3).
``(3) Requirements and limitation for competitive grants.--
``(A) Recommendations.--The Secretary shall award
grants under this subsection on the basis of the
recommendations of the Pacific Region Educational
Laboratory in Honolulu, Hawaii.
``(B) Termination of eligibility.--Notwithstanding
any other provision of law, the freely associated
States shall not be eligible to receive funds under
this part after September 30, 2001.
``(C) Administrative costs.--The Secretary may
provide that not more than 5 percent of the amount
reserved for grants under this subsection will be used
to pay the administrative costs of the Pacific Region
Educational Laboratory for services provided under
subparagraph (A).
``(4) Special rule.--The provisions of Public Law 95-134
(91 Stat. 1159) that permit the consolidation of grants by the
outlying areas shall not apply to funds provided to the freely
associated States under this subsection.
``(5) Funding.--The amount reserved by the Secretary to
award grants under this subsection shall not exceed the amount
reserved under this section (as this section existed on the day
prior to the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act) for the
freely associated States for fiscal year 1999.
``(6) Definitions.--In this subsection and subsection (a):
``(A) Freely associated states.--The term `freely
associated States' means the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
``(B) Outlying area.--The term `outlying area'
means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands.
``(c) Allotment to the Secretary of the Interior.--
``(1) In general.--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) Payments.--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
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. 117. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332) is amended to read as follows:
``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND
TARGETED GRANTS.
``(a) Allocation Formula.--
``(1) Allocation to States.--Of the amount appropriated to
carry out this part for each of fiscal years 2001 through 2005
(each such year, as appropriate, shall be referred to in this
subsection as the `current fiscal year'), the amount to be
allocated to States for a fiscal year based on population data
for local educational agencies in such States, shall be equal
to the sum of--
``(A) an amount equal to the sum of--
``(i) the amount made available to carry
out section 1124 (as such section existed on
the day prior to the date of enactment of the
Public Education Reinvestment, Reinvention, and
Responsibility Act) for fiscal year 1999; and
``(ii) 21.25 percent of the amount, if any,
by which the amount appropriated under section
1002(a) for the current fiscal year exceeds the
amount appropriated under such section (as such
section existed on the day prior to the date of
enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act) for fiscal
year 1999, to be allocated in accordance with
section 1124;
``(B) an amount equal to the sum of--
``(i) the amount made available to carry
out section 1124A (as such section existed on
the day prior to the date of enactment of the
Public Education Reinvestment, Reinvention, and
Responsibility Act) for fiscal year 1999; and
``(ii) 3.75 percent of the amount, if any,
by which the amount appropriated under section
1002(a) for the current fiscal year exceeds the
amount appropriated under such section (as such
section existed on the day prior to the date of
enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act) for fiscal
year 1999, to be allocated in accordance with
section 1124A; and
``(C) an amount equal to 75 percent of the amount,
if any, by which the amount appropriated under section
1002(a) for the current fiscal year exceeds the amount
appropriated under such section (as such section
existed on the day prior to the date of enactment of
the Public Education Reinvestment, Reinvention, and
Responsibility Act) for fiscal year 1999, to be
allocated in accordance with section 1125.
``(2) Allocation to local educational agencies.--Of the
total amounts allocated to a State under this part for each of
fiscal years 2001 and 2002, 96.5 percent shall be allocated by
the State educational agency to local educational agencies, and
for each of fiscal years 2003 through 2005, 95.5 percent shall
be allocated to local educational agencies, of which--
``(A) 75 percent shall be allocated in accordance
with section 1125;
``(B) 21.25 percent shall be allocated in
accordance with section 1124; and
``(C) 3.75 percent shall be allocated in accordance
with section 1124A.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this part
for any fiscal year are insufficient to pay the full amounts
that all States and local educational agencies are eligible to
receive under sections 1124, 1124A, and 1125 for such fiscal
year, the Secretary shall ratably reduce the allocations to
such States and local educational agencies, subject to
subsections (c) and (d).
``(2) Additional funds.--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.--
``(1) Grants to states.--The total amount allocated to each
State under this part in each fiscal year shall not be less
than the amount allocated to each State in the preceding fiscal
year.
``(2) Grants to local educational agencies.--The total
amount allocated to each local educational agency under this
part in each fiscal year shall not be less than an amount equal
to 85 percent of the amount allocated to each local educational
agency in the preceding fiscal year.
``(d) Ratable Reductions.--
``(1) In general.--If the sums made available under this
part for any fiscal year are insufficient to pay the full
amounts that all States are eligible to receive under
subsection (c) for such year, the Secretary shall ratably
reduce such amounts for such year.
``(2) Additional funds.--If additional funds become
available for making payments under subsection (c) for such
fiscal year, amounts that were reduced under paragraph (1)
shall be increased on the same basis as such amounts were
reduced.
``(e) Definition.--For the purpose of this section and sections
1124, 1124A, and 1125, the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.''.
SEC. 118. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended to read as follows:
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto
rico.--Except as provided in paragraph (3) and in section 1126,
the amount of a grant that a local educational agency is
eligible to receive under this section for a fiscal year shall
be determined by multiplying--
``(A) the number of children counted under
subsection (c); and
``(B) 40 percent of the average per-pupil
expenditure in the State involved, except that the
amount determined under this subparagraph shall not be
less than 32 percent or more than 48 percent, of the
average per-pupil expenditure in the United States.
``(2) Calculation of grants.--
``(A) Allocations to local educational agencies.--
The Secretary shall calculate the amount of grants
under this section on the basis of the number of
children counted under subsection (c) for local
educational agencies. For purposes of this
subparagraph, the Secretary and the Secretary of
Commerce shall publicly disclose the reasoning for
their determinations under subsection (c) in detail.
``(B) Allocations to large and small local
educational agencies.--
``(i) Application of provision.--The
Secretary shall determine the amount of grant
awards under this section for each large or
small local educational agency.
``(ii) Large agencies.--The amount of a
grant awarded under this section for each large
local educational agency shall be the amount
determined by the Secretary under clause (i).
``(iii) Small agencies.--With respect to
the amount of a grant awarded under this
section to a small local educational agency,
the State educational agency may--
``(I) provide such grant in an
amount determined by the Secretary
under clause (i); or
``(II) use an alternative method
approved by the Secretary to distribute
the portion of the State's total grants
under this section that is based on the
number of small local educational
agencies.
``(iv) Alternative method.--An alternative
method approved under clause (iii)(II) shall be
based on population data that the State
educational agency determines best reflects the
current distribution of children in poor
families among the State's small local
educational agencies that meet the eligibility
criteria of subsection (b).
``(v) Appeals.--A small local educational
agency that is dissatisfied with the
determination of its grant amount by the State
educational agency under clause (iii)(II), may
appeal that determination to the Secretary, who
shall respond not later than 45 days after
receipt of such appeal.
``(vi) Definition.--In this subparagraph:
``(I) large local educational
agency.--The term `large local
educational agency' means a local
educational agency serving an area with
a total population of 20,000 or more.
``(II) Small local educational
agency.--The term `small local
educational agency' means a local
educational agency serving an area with
a total population of less than 20,000.
``(3) Puerto rico.--
``(A) In general.--For each fiscal year, the amount
of the grant that the Commonwealth of Puerto Rico shall
be eligible to receive under this section shall be
determined by multiplying the number of children
counted under subsection (c) for the Commonwealth of
Puerto Rico by the product of--
``(i) 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; and
``(ii) 32 percent of the average per pupil
expenditure in the United States.
``(B) Minimum percentage.--The percentage in
subparagraph (A)(i) shall not be less than--
``(i) for fiscal year 2000, 75.0 percent;
``(ii) for fiscal year 2001, 77.5 percent;
``(iii) for fiscal year 2002, 80.0 percent;
``(iv) for fiscal year 2003, 82.5 percent;
and
``(v) for fiscal year 2004, and succeeding
fiscal years, 85.0 percent.
``(C) Limitation.--If the application of
subparagraph (B) would result in any of the 50 States
or the District of Columbia receiving less under this
part than the State or District received under this
part for the preceding fiscal year, the percentage
shall be the greater of the percentage described in
subparagraph (A)(i) or the percentage used for the
preceding fiscal year.
``(4) Definition.--In this subsection, the term `State'
does not include Guam, American Samoa, the Virgin Islands, and
the Northern Mariana Islands.
``(b) Minimum Number of Children To Qualify.--A local educational
agency shall be eligible for a basic grant under this section for any
fiscal year only if--
``(1) there are 10 or more children counted under
subsection (c) with respect to that agency; and
``(2) such children make up more than 2 percent of the
total school-age population in the agency's jurisdiction.
``(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 ages 5 to 17,
inclusive, in the school district of the local
educational agency involved from families below the
poverty level as determined under paragraph (2); and
``(B) the number of children (determined under
paragraph (4) for either the preceding year as
described in that paragraph, or for the second
preceding year, as the Secretary finds appropriate)
ages 5 to 17, inclusive, in the school district of the
local educational agency involved in institutions for
neglected and delinquent children (other than such
institutions operated by the United States), but not
counted pursuant to subpart 1 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) Number of children below the poverty level.--
For purposes of this subsection, the Secretary shall
determine the number of children ages 5 to 17,
inclusive, from families below the poverty level on the
basis of the most recent satisfactory data, described
in paragraph (3), that is available from the Department
of Commerce.
``(B) Special rules.--
``(i) District of columbia and puerto
rico.--The District of Columbia and the
Commonwealth of Puerto Rico shall be treated as
individual local educational agencies for
purposes of this paragraph.
``(ii) Multiple counties.--If a local
educational agency contains 2 or more counties
in their entirety, then each county will be
treated as if such county 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 local
educational agency and the local educational
agency shall distribute to schools in each
county within such agency a share of the local
educational agency's total grant in an amount
that is not less than the county's share of the
population counts used to calculate the local
educational agency's grant.
``(3) Population updates.--
``(A) In general.--In fiscal year 2001, and every 2
years thereafter, the Secretary shall use updated data
on the number of children, ages 5 to 17, inclusive,
from families below the poverty level for local
educational agencies or counties, as published by the
Department of Commerce, unless the Secretary and the
Secretary of Commerce determine that the use of the
updated population data would be inappropriate or
unreliable.
``(B) Criteria of poverty.--In determining the
families which are below the poverty level, the
Secretary shall utilize the criteria of poverty used by
the Bureau of the Census in compiling the most recent
decennial census, in such form as those criteria have
been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of
Labor Statistics.
``(C) Inappropriate or unreliable data.--If the
Secretary and the Secretary of Commerce determine that
some or all of the data referred to in subparagraph (A)
are inappropriate or unreliable, the Secretaries shall
publicly disclose the reasons for such determination.
``(4) Other children to be counted.--
``(A) In general.--For the purposes of this
section, the Secretary shall--
``(i) determine the number of children ages
5 to 17, inclusive, from families above the
poverty line on the basis of the number of such
children from families receiving an annual
income in excess of the annual income current
criteria of poverty for payments under a State
program funded under part A of title IV of the
Social Security Act; and
``(ii) in making a determination under
clause (i), 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.
``(B) Caseload data.--The Secretary shall determine
the number of children described in subparagraph (A)
and the number of children ages 5 to 17, inclusive,
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 year preceding the fiscal year
for which the determination is being made (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. For the purpose of this section, the
Secretary shall consider all children who are in
correctional institutions to be living in institutions
for delinquent children.
``(C) Collection and transmission of data.--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.
``(5) Estimate.--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 in each school district, and the Secretary
may 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.
``(d) State Minimum.--Notwithstanding section 1122, the aggregate
amount allotted for all local educational agencies within a State may
not be less than the lesser of--
``(1) 0.25 percent of total amount of grants awarded under
this section; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available for such fiscal year under this section; and
``(B) the number of children in such State counted
under subsection (c) in the fiscal year multiplied by
150 percent of the national average per pupil payment
made with funds available under this section for that
year.''.
SEC. 119. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334.) is amended to read as follows:
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1) Eligibility.--
``(A) In general.--Except as otherwise provided in
this paragraph, each local educational agency in a
State other than Guam, American Samoa, the Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, that is eligible for a grant under section
1124 for any fiscal year shall be eligible for an
additional grant under this section for that fiscal
year if the number of children counted under section
1124(c) with respect to the agency exceeds--
``(i) 6,500; or
``(ii) 15 percent of the total number of
children ages 5 through 17, inclusive, in the
agency.
``(B) Minimum amount.--Notwithstanding section
1122, no State described in subparagraph (A) shall
receive an amount under this section that is less than
the lesser of--
``(i) 0.25 percent of the total amount of
grants awarded under this section; or
``(ii) the average of--
``(I) one-quarter of 1 percent of
the amounts made available to carry out
this section for such fiscal year; and
``(II) the greater of--
``(aa) $340,000; or
``(bb) the number of children
in such State counted for
purposes of this section in
that fiscal year multiplied by
150 percent of the national
average per pupil payment made
with funds available under this
section for that year.
``(2) Special rule.--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 number of children counted under section
1124(c) for that fiscal year; 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 that fiscal year.
``(3) Amount.--The amount of an additional grant for which
an eligible local educational agency is eligible under this
section for any fiscal year shall be an amount that bears the
same ratio to the amount available to carry out this section
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 product for all local educational
agencies in the United States for that fiscal year.
``(4) Local allocations.--Grant amounts under this section
shall be determined in accordance with section 1124(a)(2) and
(3).
``(b) States Receiving Minimum Grants.--With respect to a State
that receives a grant for the minimum amount under subsection
(a)(1)(B), the State educational agency shall allocate such amount
among the local educational agencies in each State either--
``(1) in accordance with paragraphs (2) and (4) of
subsection (a); or
``(2) based on their respective concentrations and numbers
of children counted under section 1124(c), except that only
those local educational agencies with concentrations or numbers
of children counted under section 1124(c) that exceed the
statewide average percentage of such children or the statewide
average number of such children shall receive any funds on the
basis of this paragraph.''.
SEC. 120. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335) is amended to read as follows:
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State shall be eligible to receive a targeted
grant under this section for any fiscal year if the number of children
in the local educational agency counted under subsection 1124(c),
before the application of the weighting factor described in subsection
(c), is at least 10, and if the number of children counted for grants
under section 1124 is at least 5 percent of the total population age 5
to 17 years, inclusive, in the local educational agency.
``(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--
``(1) In general.--The amount of a 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 equal to the product of--
``(A) the weighted child count determined under
subsection (c); and
``(B) the amount determined under section
1124(a)(1)(B).
``(2) Puerto rico.--For each fiscal year, the amount of the
grant for which the Commonwealth of Puerto Rico is eligible to
receive under this section shall be equal to the number of
children counted under subsection (c) for Puerto Rico,
multiplied by the amount determined under section 1124(a)(4).
``(c) Weighted Child Count.--
``(1) In general.--For each fiscal year, the weighted child
count used to determine a local educational agency's grant
under this section shall be equal to the sum of--
``(A) the number of children determined under
section 1124(c) for that local educational agency
constituting up to 14.265 percent, inclusive, of the
agency's total population ages 5 to 17, inclusive,
multiplied by 1.0;
``(B) the number of such children constituting more
than 14.265 percent, but not more than 21.553 percent,
of such population, multiplied by 1.75;
``(C) the number of such children constituting more
than 21.553 percent, but not more than 29.223 percent,
of such population, multiplied by 2.5;
``(D) the number of such children constituting more
than 29.223 percent, but not more than 36.538 percent,
of such population, multiplied by 3.25; and
``(E) the number of such children constituting more
than 36.538 percent of such population, multiplied by
4.0.
``(2) Puerto rico.--Notwithstanding subparagraph (A), the
weighted child count for Puerto Rico under this paragraph shall
not be greater than the total number of children counted under
section 1124(c) multiplied by 1.72.
``(d) Calculation of Grant Amounts.--Grants under this section
shall be calculated in accordance with section 1124(a)(2) and (3).
``(e) State Minimum.--Notwithstanding any other provision of this
section or section 1122, from the total amount made available for any
fiscal year to carry out this section, each State shall be allotted at
least the lesser of--
``(1) 0.25 percent of the total amount of grants awarded
under this section; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available for such fiscal year to carry out this
section; and
``(B) 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. 121. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337) is amended to read as follows:
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected Children.--
``(1) In general.--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 children
as described in subparagraph (B) of section 1124(c)(1), the
State educational agency shall, if such agency 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) Special rule.--If the State educational agency does
not assume the responsibility described in paragraph (1), 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 among the affected local educational agencies--
``(1) if 2 or more local educational agencies serve, in
whole or in part, the same geographical area;
``(2) if a local educational agency provides free public
education for children who reside in the school district of
another local educational agency; or
``(3) to reflect the merger, creation, or change of
boundaries of 1 or more local educational agencies.
``(c) Reallocation.--If a State educational agency determines that
the amount of a grant that 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.''.
PART B--EVEN START FAMILY LITERACY PROGRAMS
SEC. 131. PROGRAM AUTHORIZED.
Section 1202(c) (20 U.S.C. 6362(c)) is amended--
(1) in paragraph (1), by striking ``section 2260(b)(3)''
and inserting ``section 7005(c)'';
(2) by striking paragraph (2)(C); and
(3) in paragraph (3)--
(A) by striking ``is defined'' and inserting ``was
defined''; and
(B) by inserting ``as such section was in effect on
the day preceding the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility
Act'' after ``2252''.
SEC. 132. APPLICATIONS.
Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) is amended by
striking ``the Goals 2000'' and all that follows through the period and
inserting ``or other Acts, as appropriate, consistent with section
8305.''.
SEC. 133. RESEARCH.
Section 1211(b) (20 U.S.C. 6396b(b)) is amended to read as follows:
``(b) Dissemination.--The Secretary shall disseminate, or designate
another entity to disseminate, the results of the research described in
subsection (a) to States and recipients of subgrants under this
part.''.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 141. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
Section 1306(a)(1) (20 U.S.C. 6369(a)(1)) is amended--
(1) in subparagraph (A), by striking ``the Goals 2000'' and
all that follows through the period and inserting ``or other
Acts, as appropriate, consistent with section 8305;'';
(2) in subparagraph (B), by striking ``section 14302'' and
inserting ``section 8302''; and
(3) in subparagraph (F), by striking ``bilingual
education'' and all that follows and inserting ``language
instruction programs under title III; and''.
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING OUT
SEC. 151. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 (20 U.S.C. 6434) is amended--
(1) in subsection (a)(1), by striking ``the Goals 2000''
and all that follows through the period and inserting ``or
other Acts, as appropriate, consistent with section 8305.'';
and
(2) in subsection (c)--
(A) in paragraph (6), by striking ``section 14701''
and inserting ``section 8701''; and
(B) in paragraph (7), by striking ``section 14501''
and inserting ``section 8501''.
SEC. 152. USE OF FUNDS.
Section 1415(a)(2)(D) (20 U.S.C. 6435(a)(2)(D)) is amended by
striking ``section 14701'' and inserting ``section 8701''.
PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
SEC. 161. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended--
(1) in subsection (a)(4)--
(A) by striking ``January 1, 1996'' and inserting
``January 1, 2002''; and
(B) by striking ``January 1, 1999'' and inserting
``January 1, 2005'';
(2) in subsection (b)(1), by striking ``December 31, 1997''
and inserting ``December 31, 2003''; and
(3) in subsection (e)(2), by striking ``December 31, 1996''
and inserting ``December 31, 2002''.
SEC. 162. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
Section 1502 (20 U.S.C. 6492) is amended to read as follows:
``SEC. 1502. COMPREHENSIVE SCHOOL REFORM.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds the following:
``(A) A number of schools across the country have
shown impressive gains in student performance through
the use of comprehensive models for schoolwide change
that incorporate virtually all aspects of school
operations.
``(B) No single comprehensive school reform model
may be suitable for every school, however, schools
should be encouraged to examine successful, externally
developed comprehensive school reform approaches as
they undertake comprehensive school reform.
``(C) Comprehensive school reform is an important
means by which children are assisted in meeting
challenging State student performance standards.
``(2) Purpose.--The purpose of this section is 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.
``(b) Program Authorized.--
``(1) In general.--The Secretary is authorized to provide
grants to State educational agencies to provide subgrants to
local educational agencies to carry out the purpose described
in subsection (a)(2).
``(2) Allocation.--
``(A) Reservation.--Of the amount appropriated
under this section, the Secretary may reserve--
``(i) not more than 1 percent for schools
supported by the Bureau of Indian Affairs and
in the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands; and
``(ii) not more than 1 percent to conduct
national evaluation activities described under
subsection (e).
``(B) In general.--Of the amount of funds remaining
after the reservation under subparagraph (A), the
Secretary shall allocate to each State for a fiscal
year, an amount that bears the same ratio to the amount
appropriated for that fiscal year as the amount made
available under section 1124 to the State for the
preceding fiscal year bears to the total amount
allocated under section 1124 to all States for that
year.
``(C) Reallocation.--If a State does not apply for
funds under this section, the Secretary shall
reallocate such funds to other States that do apply in
proportion to the amount allocated to such States under
subparagraph (B).
``(c) State Awards.--
``(1) State application.--
``(A) In general.--Each State educational agency
that desires to receive a grant under this section
shall submit an application to the Secretary at such
time, in such manner and containing such other
information as the Secretary may reasonably require.
``(B) Contents.--Each State application shall also
describe--
``(i) the process and selection criteria by
which the State educational agency, using
expert review, will select local educational
agencies to receive subgrants under this
section;
``(ii) how the agency will ensure that only
comprehensive school reforms that are based on
scientifically based research receive funds
under this section;
``(iii) how the agency will disseminate
materials regarding information on
comprehensive school reforms that are based on
scientifically based research;
``(iv) how the agency will evaluate the
implementation of such reforms and measure the
extent to which the reforms resulted in
increased student academic performance; and
``(v) how the agency will provide, upon
request, technical assistance to the local
educational agency in evaluating, developing,
and implementing comprehensive school reform.
``(2) Uses of funds.--
``(A) In general.--Except as provided in
subparagraph (E), a State educational agency that
receives an award under this section shall use such
funds to provide competitive grants to local
educational agencies receiving funds under part A.
``(B) Grant requirements.--A grant to a local
educational agency shall be--
``(i) of sufficient size and scope to
support the initial costs for the particular
comprehensive school reform plan selected or
designed by each school identified in the
application of the local educational agency;
``(ii) in an amount not less than $50,000
to each participating school; and
``(iii) renewable for two additional 1-year
periods after the initial 1-year grant is made
if schools are making substantial progress in
the implementation of their reforms.
``(C) Priority.--The State, in awarding grants
under this paragraph, shall give priority to local
educational agencies that--
``(i) plan to use the funds in schools
identified as being in need of improvement or
corrective action under section 1116(c); and
``(ii) demonstrate a commitment to assist
schools with budget allocation, professional
development, and other strategies necessary to
ensure the comprehensive school reforms are
properly implemented and are sustained in the
future.
``(D) Grant consideration.--In making subgrant
awards under this part, the State educational agency
shall take into account the equitable distribution of
awards to different geographic regions within the
State, including urban and rural areas, and to schools
serving elementary and secondary students.
``(E) Administrative costs.--A State educational
agency that receives a grant award under this section
may reserve not more than 5 percent of such award for
administrative, evaluation, and technical assistance
expenses.
``(F) Supplement.--Funds made available under this
section shall be used to supplement, not supplant, any
other Federal, State, or local funds that would
otherwise be available to carry out this section.
``(3) Reporting.--Each State educational agency that
receives an award under this section shall provide to the
Secretary such information as the Secretary may require,
including the names of local educational agencies and schools
selected to receive subgrant awards under this section, the
amount of such award, and a description of the comprehensive
school reform model selected and in use.
``(d) Local Awards.--
``(1) In general.--Each local educational agency that
applies for a subgrant under this section shall--
``(A) identify which schools eligible for funds
under part A plan to implement a comprehensive school
reform program, including the projected costs of such a
program;
``(B) describe the scientifically based
comprehensive school reforms that such schools will
implement;
``(C) describe how the agency will provide
technical assistance and support for the effective
implementation of the scientifically based school
reforms selected by such schools; and
``(D) describe how the agency will evaluate the
implementation of such reforms and measure the results
achieved in improving student academic performance.
``(2) Components of the program.--A local educational
agency that receives a subgrant award under this section shall
provide such funds to schools that implement a comprehensive
school reform program that--
``(A) employs innovative strategies and proven
methods for student learning, teaching, and school
management that are based on scientifically based
research and effective practices and have been
replicated successfully in schools with diverse
characteristics;
``(B) integrates a comprehensive design for
effective school functioning, including instruction,
assessment, classroom management, professional
development, parental involvement, and school
management, that aligns the school's curriculum,
technology, professional development into a
comprehensive reform plan for schoolwide change
designed to enable all students to meet challenging
State content and challenging student performance
standards and addresses needs identified through a
school needs assessment;
``(C) provides high-quality and continuous teacher
and staff professional development;
``(D) includes measurable goals for student
performance and benchmarks for meeting such goals;
``(E) is supported by teachers, principals,
administrators, and other professional staff;
``(F) provides for the meaningful involvement of
parents and the local community in planning and
implementing school improvement activities;
``(G) uses high quality external technical support
and assistance from an entity, which may be an
institution of higher education, with experience and
expertise in schoolwide reform and improvement;
``(H) includes a plan for the evaluation of the
implementation of school reforms and the student
results achieved; and
``(I) identifies how other resources, including
Federal, State, local, and private resources, available
to the school will be used to coordinate services to
support and sustain the school reform effort.
``(3) Special rule.--A school that receives funds to
develop a comprehensive school reform program shall not be
limited to using the approaches identified or developed by the
Department of Education, but may develop its own comprehensive
school reform programs for schoolwide change that comply with
paragraph (2).
``(e) Evaluation and Report.--
``(1) In general.--The Secretary shall develop a plan for a
national evaluation of the programs developed pursuant to this
section.
``(2) Evaluation.--This national evaluation shall evaluate
the implementation and results achieved by schools after 3
years of implementing comprehensive school reforms, and assess
the effectiveness of comprehensive school reforms in schools
with diverse characteristics.
``(3) Reports.--Prior to the completion of a national
evaluation, the Secretary shall submit an interim report
outlining first year implementation activities to the
Committees on Education and the Workforce and Appropriations of
the House of Representatives and the Committees on Health,
Education, Labor, and Pensions and Appropriations of the
Senate.
``(f) Definition.--The term `scientifically based research'--
``(1) means the application of rigorous, systematic, and
objective procedures in the development of comprehensive school
reform models; and
``(2) shall include research that--
``(A) employs systematic, empirical methods that
draw on observation or experiment;
``(B) involves rigorous data analyses that are
adequate to test the stated hypotheses and justify the
general conclusions drawn;
``(C) relies on measurements or observational
methods that provide valid data across evaluators and
observers and across multiple measurements and
observations; and
``(D) has been accepted by a peer-reviewed journal
or approved by a panel of independent experts through a
comparably rigorous, objective, and scientific review.
``(g) Authorization of Appropriations.--Funds appropriated for any
fiscal year under section 1002(f) shall be used for carrying out the
activities under this section.''.
PART F--RURAL EDUCATION DEVELOPMENT INITIATIVE
SEC. 171. RURAL EDUCATION DEVELOPMENT INITIATIVE.
Title I (20 U.S.C. 6301 et seq.) is amended--
(1) by redesignating part F (20 U.S.C. 6511 et seq.) as
part G;
(2) by redesignating sections 1601 through 1604 (20 U.S.C.
6511, 6514) as sections 1701 through 1704, respectively, and by
redesignating accordingly the references to such sections in
part G (as so redesignated); and
(3) by inserting after part E (20 U.S.C. 6491 et seq.) the
following:
``PART F--RURAL EDUCATION DEVELOPMENT INITIATIVE
``SEC. 1601. FINDINGS.
``Congress makes the following findings:
``(1) The National Center for Educational Statistics
reports that 46 percent of our Nation's public elementary
schools and secondary schools serve rural areas.
``(2) While there are rural education initiatives
identified at the State and local level, no Federal education
policy focuses on the specific and unique needs of rural school
districts and schools, especially those that serve poor
students.
``(3) A critical problem for rural school districts
involves the hiring and retention of qualified administrators
and certified teachers, especially in science and mathematics.
Consequently, teachers in rural schools are almost twice as
likely to provide instruction in 3 or more subject areas than
teachers in urban schools. Rural schools also face other tough
challenges, such as shrinking local tax bases, high
transportation costs, aging buildings, limited course
offerings, and limited resources.
``(4) Data from the National Assessment of Educational
Progress (NAEP) consistently shows large gaps between the
achievement of students in high poverty schools and those in
other schools. High-poverty schools will face special
challenges in preparing their students to reach high standards
of performance on State and national assessments.
``SEC. 1602. DEFINITIONS.
``In this part:
``(1) Eligible local educational agency.--The term
`eligible local educational agency' means a local educational
agency that serves--
``(A) a school-age population, not less than 15
percent of which consists of students from families
with incomes below the poverty line; and
``(B)(i) a rural locality; or
``(ii) a school-age population of not more than 800
students.
``(2) Metropolitan area.--The term `metropolitan area'
means an area defined as such by the Secretary of Commerce.
``(3) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2)))
applicable to a family of the size involved.
``(4) Rural locality.--The term `rural locality' means a
locality that is not within a metropolitan area.
``(5) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(6) School age population.--The term `school age
population' means the number of students aged 5 through 17.
``SEC. 1603. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--The Secretary shall award grants, from
allotments under subsection (b)(2), to each State having an application
approved under section 1604 to enable the State educational agency to
award grants to eligible local educational agencies to carry out local
authorized activities described in section 1605(b).
``(b) Reservation and Allotments.--
``(1) Reservation.--From amounts appropriated under section
1608 for each fiscal year, the Secretary shall reserve \1/2\ of
1 percent of such amount for payments to the Secretary of the
Interior for activities approved by the Secretary, consistent
with this subpart, in elementary schools and secondary schools
operated or supported by the Bureau of Indian Affairs, on the
basis of their respective needs for assistance under this part.
``(2) Allotments.--
``(A) In general.--From the amounts appropriated
under section 1608 for each fiscal year that remain
after making the reservation under paragraph (1), the
Secretary shall allot to each State having an
application approved under section 1604 an amount that
bears the same relationship to the remainder as the
school age population served by eligible local
educational agencies in the State bears to the school
age population served by eligible local educational
agencies in all States.
``(B) Data.--In determining the school age
population under subparagraph (A), the Secretary shall
use the most recent data available from the Bureau of
the Census.
``(c) Direct Awards to Eligible Local Educational Agencies.--
``(1) Nonparticipating state.--If a State educational
agency for a fiscal year elects not to participate in a program
under this section, or does not have an application approved
under section 1604, an eligible local educational agency in
such State desiring a grant under this part for the fiscal year
shall apply directly to the Secretary to receive a grant under
this subsection.
``(2) Direct awards.--The Secretary may award, on a
competitive basis, the amount the State educational agency is
eligible to receive under subsection (b)(2) directly to
eligible local educational agencies in the State desiring a
grant under paragraph (1).
``(3) Administrative funds.--An eligible local educational
agency that receives a direct grant under this subsection may
use not more than 1 percent of the grant funds for the
administrative costs of carrying out this part in the first
year the agency receives a grant under this subsection and 0.5
percent for such costs in the second and each succeeding such
year.
``(d) Matching requirement.--Each eligible local educational agency
receiving a grant under subsection (c) or section 1605(a) shall
contribute resources with respect to the local authorized activities to
be assisted under this part in cash or in-kind, from non-Federal
sources, in an amount equal to the Federal funds awarded under the
grant.
``(e) Relation to Other Federal Funding.--Funds received under this
part by a State educational agency or an eligible local educational
agency shall not be taken into consideration in determining the
eligibility for, or amount of, any other Federal funding awarded to
such agencies.
``SEC. 1604. APPLICATIONS.
``(a) In General.--Each State educational agency desiring a grant
under section 1603 and eligible local educational agency desiring a
grant under section 1603(c) shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
``(b) Contents.--Each application submitted under subsection (a)
shall--
``(1) specify annual, measurable performance goals and
objectives, at a minimum, with respect to--
``(A) increased student academic achievement;
``(B) decreased gaps in achievement between
minority and non-minority students, and between
economically disadvantaged and non-economically
disadvantaged students; and
``(C) other factors that the State educational
agency or eligible local educational agency may choose
to measure;
``(2) describe how the State educational agency or eligible
local educational agency will hold local educational agencies
and elementary schools or secondary schools receiving funds
under this part accountable for meeting the annual, measurable
goals and objectives;
``(3) describe how the State educational agency or eligible
local educational agency will provide technical assistance for
a local educational agency, an elementary school, or a
secondary school that does not meet the annual, measurable
goals and objectives; and
``(4) describe how the State educational agency or eligible
local educational agency will take action against a local
educational agency, an elementary school, or a secondary
school, if the local educational agency or school fails, over 2
consecutive years, to meet the annual, measurable goals and
objectives.
``SEC. 1605. WITHIN-STATE ALLOCATIONS.
``(a) Allocations.--A State educational agency shall award grants
under this part to eligible local educational agencies within the State
according to a formula developed by the State educational agency and
approved by the Secretary.
``(b) Uses of Funds.--Grant funds awarded to eligible local
educational agencies or made available to elementary schools and
secondary schools under this section shall be used for--
``(1) educational technology, including software and
hardware;
``(2) professional development;
``(3) technical assistance;
``(4) recruitment and retention of fully qualified
teachers, as defined in title II, and highly qualified
principals;
``(5) parental involvement activities; or
``(6) academic enrichment or other education programs.
``(c) Reservation of Administrative Funds.--
``(1) First year.--For the first year that a State
educational agency receives a grant under this part, the
agency--
``(A) shall use not less than 99 percent of the
grant funds to award grants to eligible local
educational agencies in the State; and
``(B) may use not more than 1 percent for State
activities and the administrative costs of carrying out
this part.
``(2) Succeeding years.--For the second and each succeeding
year that a State educational agency receives a grant under
this part, the agency--
``(A) shall use not less than 99.5 percent of the
grant funds to award grants to eligible local
educational agencies in the State; and
``(B) may use not more than 0.5 percent of the
grant funds for State activities and the administrative
costs of carrying out this part.
``SEC. 1606. ACCOUNTABILITY.
The Secretary, at the end of the third year that a State
educational agency or an eligible local educational agency receiving a
direct award under section 1603(c) participates in the program under
this part, shall permit only those State educational agencies and
eligible local educational agencies that meet their annual, measurable
goals and objectives for 2 consecutive years to receive grant funds for
the fourth or fifth fiscal years of the program under this part.
``SEC. 1607. REPORTS.
``(a) State Reports.--Each State educational agency that receives a
grant under this part shall provide an annual report to the Secretary.
The report shall describe--
``(1) the method the State educational agency used to award
grants to eligible local educational agencies and to provide
assistance to elementary schools and secondary schools under
this part;
``(2) how eligible local educational agencies and
elementary schools and secondary schools within the State used
the grant funds provided under this part; and
``(3) the degree to which progress has been made toward
meeting the annual, measurable goals and objectives described
in the State application.
``(b) Reports From Eligible Local Educational Agencies.--Each
eligible local educational agency receiving a grant under section
1603(c) shall provide an annual report to the Secretary. Such report
shall describe--
``(1) how such agency used the grant funds provided under
this part;
``(2) the degree to which progress has been made toward
meeting the annual, measurable goals and objectives described
in the eligible local educational agency's application; and
``(3) how the local educational agency coordinated funds
received under this part with other Federal, State, and local
funds.
``(c) Report to Congress.--The Secretary shall prepare and submit
to Congress an annual report setting forth the information provided to
the Secretary pursuant to subsections (a) and (b).
``(d) Study.--The Comptroller General of the United States shall
conduct a study regarding the impact of assistance provided under this
part on student achievement, and shall submit such study to Congress.
``SEC. 1608. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$200,000,000 for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.''.
PART G--GENERAL PROVISIONS
SEC. 181. FEDERAL REGULATIONS.
Section 1701(b)(4) (20 U.S.C. 6511(b)(4)) (as redesignated by
section 161(2)) is amended by striking ``July 1, 1995'' and inserting
``May 1, 2000''.
SEC. 182. STATE ADMINISTRATION.
Section 1703 (20 U.S.C. 6513) (as redesignated by section 161(2))
is amended by striking subsection (c).
TITLE II--TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND
CLASS SIZE
SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND
CLASS SIZE.
Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:
``TITLE II--TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT,
AND CLASS SIZE
``SEC. 2001. PURPOSE.
``The purpose of this title is to provide grants to State
educational agencies and local educational agencies in order to assist
their efforts to increase student academic achievement through such
strategies as improving teacher and principal quality, increasing
professional development, and decreasing class size.
``SEC. 2002. DEFINITIONS.
``In this title:
``(1) Fully qualified.--The term `fully qualified' means--
``(A) in the case of an elementary school teacher
(other than a teacher teaching in a public charter
school), a teacher who, at a minimum--
``(i) has obtained State certification
(which may include certification obtained
through alternative means), or a State license,
to teach in the State in which the teacher
teaches;
``(ii) holds a bachelor's degree from an
institution of higher education; and
``(iii) demonstrates subject matter
knowledge, teaching knowledge, and the teaching
skills required to teach effectively reading,
writing, mathematics, science, social studies,
and other elements of a liberal arts education;
and
``(B) in the case of a secondary school teacher
(other than a teacher teaching in a public charter
school), a teacher who, at a minimum--
``(i) has obtained State certification
(which may include certification obtained
through alternative means), or a State license,
to teach in the State in which the teacher
teaches;
``(ii) holds a bachelor's degree from an
institution of higher education; and
``(iii) demonstrates a high level of
competence in all subject areas in which the
teacher teaches through--
``(I) completion of an academic
major (or courses totaling an
equivalent number of credit hours) in
each of the subject areas in which the
teacher provides instruction;
``(II) achievement of a high level
of performance in other professional
employment experience in subject areas
relevant to the subject areas in which
the teacher provides instruction; or
``(III) achievement of a high level
of performance on rigorous academic
subject area tests administered by the
State in which the teacher teaches.
``(2) Institution of higher education.--The term
`institution of higher education' means an institution of
higher education, as defined in section 101 of the Higher
Education Act of 1965, that--
``(A) has not been identified as low performing
under section 208 of the Higher Education Act of 1965;
and
``(B) is in full compliance with the public
reporting requirements described in section 207 of the
Higher Education Act of 1965.
``(3) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(4) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and
Budget, and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act) applicable to a
family of the size involved, for the most recent year.
``(5) School-age population.--The term `school-age
population' means the population aged 5 through 17, as
determined on the basis of the most recent satisfactory data.
``(6) State.--The term `State' means each of the several
States in the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``PART A--TEACHER AND PRINCIPAL QUALITY AND PROFESSIONAL DEVELOPMENT
``SEC. 2011. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--The Secretary shall award a grant, from
allotments made under subsection (b), to each State having a State plan
approved under section 2013, to enable the State to raise the quality
of, and provide professional development opportunities for, public
elementary school and secondary school teachers, principals, and
administrators.
``(b) Reservations and Allotments.--
``(1) Reservations.--From the amount appropriated under
section 2023 to carry out this part for each fiscal year, the
Secretary shall reserve--
``(A) \1/2\ of 1 percent of such amount for
payments to the Bureau of Indian Affairs for
activities, approved by the Secretary, consistent with
this part;
``(B) \1/2\ of 1 percent of such amount for
payments to outlying areas, to be allotted in
accordance with their respective needs as determined by
the Secretary, for activities, approved by the
Secretary, consistent with this part; and
``(C) such sums as may be necessary to continue to
support any multiyear partnership program award made
under parts A, C, and D (as such parts were in effect
on the day preceding the date of enactment of the
Public Education Reinvestment, Reinvention, and
Responsibility Act) until the termination of the
multiyear award.
``(2) State allotments.--From the amount appropriated under
section 2023 for a fiscal year and remaining after the
Secretary makes reservations under paragraph (1), the Secretary
shall allot to each State having a State plan approved under
section 2013 the sum of--
``(A) an amount that bears the same relationship to
50 percent of the remainder as the school-age
population from families with incomes below the poverty
line in the State bears to the school-age population
from families with incomes below the poverty line in
all States; and
``(B) an amount that bears the same relationship to
50 percent of the remainder as the school-age
population in the State bears to the school-age
population in all States.
``(c) State Minimum.--For any fiscal year, no State shall be
allotted under this section an amount that is less than \1/2\ of 1
percent of the total amount allotted to all States under subsection
(b)(2).
``(d) Hold-Harmless Amounts.--For fiscal year 2001, notwithstanding
subsection (b)(2), the amount allotted to each State under this section
shall be not less than 100 percent of the total amount the State was
allotted under part B (as such part was in effect on the day preceding
the date of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act) for the preceding fiscal year.
``(e) Ratable Reductions.--If the sums made available under
subsection (b)(2) for any fiscal year are insufficient to pay the full
amounts that all States are eligible to receive under subsection (d)
for such year, the Secretary shall ratably reduce such amounts for such
year.
``SEC. 2012. WITHIN STATE ALLOCATION.
``(a) In General.--Each State educational agency for a State
receiving a grant under section 2011(a) shall--
``(1) set aside 10 percent of the grant funds to award
educator partnership grants under section 2021;
``(2) set aside not more than 5 percent of the grant funds
to carry out activities described the State plan submitted
under section 2013; and
``(3) using the remaining 85 percent of the grant funds,
make subgrants by allocating to each local educational agency
in the State the sum of--
``(A) an amount that bears the same relationship to
60 percent of the remainder as the school-age
population from families with incomes below the poverty
line in the area served by the local educational agency
bears to the school-age population from families with
incomes below the poverty line in the area served by
all local educational agencies in the State; and
``(B) an amount that bears the same relationship to
40 percent of the remainder as the school-age
population in the area served by the local educational
agency bears to the school-age population in the area
served by all local educational agencies in the State.
``(b) Hold-Harmless Amounts.--
``(1) Fiscal year 2001.--For fiscal year 2001,
notwithstanding subsection (a), the amount allocated to each
local educational agency under this section shall be not less
than 100 percent of the total amount the local educational
agency was allocated under this title (as in effect on the day
preceding the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act) for fiscal
year 2000.
``(2) Fiscal year 2002.--For fiscal year 2002,
notwithstanding subsection (a), the amount allocated to each
local educational agency under this section shall be not less
than 85 percent of the amount allocated to the local
educational agency under this section for fiscal year 2001.
``(3) Fiscal years 2003-2005.--For each of fiscal years
2003 through 2005, notwithstanding subsection (a), the amount
allocated to each local educational agency under this section
shall be not less than 70 percent of the amount allocated to
the local educational agency under this section for the
previous fiscal year.
``(c) Ratable Reductions.--If the sums made available under
subsection (a)(3) for any fiscal year are insufficient to pay the full
amounts that all local educational agencies are eligible to receive
under subsection (b) for such year, the State educational agency shall
ratably reduce such amounts for such year.
``SEC. 2013. STATE PLANS.
``(a) Plan Required.--
``(1) Comprehensive state plan.--The entity or agency
responsible for teacher certification or licensing under the
laws of the State desiring a grant under this part shall submit
a State plan to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
If the State educational agency is not the entity or agency
designated under the laws of the State as responsible for
teacher certification or licensing in the State, then the plan
shall be developed in consultation with the State educational
agency. The entity or agency shall provide annual evidence of
such consultation to the Secretary.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe how the State is taking reasonable steps
to--
``(A) reform teacher certification,
recertification, or licensure requirements to ensure
that--
``(i) teachers have the necessary teaching
skills and academic content knowledge in the
academic subjects in which the teachers are
assigned to teach;
``(ii) such requirements are aligned with
the challenging State content standards;
``(iii) teachers have the knowledge and
skills necessary to help students meet the
challenging State student performance
standards;
``(iv) such requirements take into account
the need, as determined by the State, for
greater access to, and participation in, the
teaching profession by individuals from
historically underrepresented groups; and
``(v) teachers have the necessary
technological skills to integrate more
effectively technology in the teaching of
content required by State and local standards
in all academic subjects in which the teachers
provide instruction;
``(B) develop and implement rigorous testing
procedures for teachers, as required in section
2002(1)(A), to ensure that the teachers have teaching
skills and academic content knowledge necessary to
teach effectively the content called for by State and
local standards in all academic subjects in which the
teachers provide instruction;
``(C) establish, expand, or improve alternative
routes to State certification of teachers, especially
in the areas of mathematics and science, for highly
qualified individuals with a baccalaureate degree,
including mid-career professionals form other
occupations, paraprofessionals, former military
personnel, and recent college or university graduates
who have records of academic distinction and who
demonstrate the potential to become highly effective
teachers;
``(D) reduce emergency teacher certification;
``(E) develop and implement effective programs, and
provide financial assistance, to assist local
educational agencies, elementary schools, and secondary
schools in effectively recruiting and retaining fully
qualified teachers and principals, particularly in
schools that have the lowest proportion of fully
qualified teachers or the highest proportion of low-
performing students;
``(F) provide professional development programs
that meet the requirements described in section 2019;
``(G) provide programs that are designed to assist
new teachers during their first 3 years of teaching,
such as mentoring programs that--
``(i) provide mentoring to new teachers
from veteran teachers with expertise in the
same subject matter as the new teachers are
teaching;
``(ii) provide mentors time for activities
such as coaching, observing, and assisting
teachers who are being mentored; and
``(iii) use standards or assessments that
are consistent with the State's student
performance standards and the requirements for
professional development activities described
in section 2019 in order to guide the new
teachers;
``(H) provide technical assistance to local
educational agencies in developing and implementing
activities described in section 2018; and
``(I) ensure that programs in core academic
subjects, particularly in mathematics and science, will
take into account the need for greater access to, and
participation in, such core academic subjects by
students from historically underrepresented groups,
including females, minorities, individuals with limited
English proficiency, the economically disadvantaged,
and individuals with disabilities, by incorporating
pedagogical strategies and techniques that meet such
students' educational needs;
``(2) describe the activities for which assistance is
sought under the grant, and how such activities will improve
students' academic achievement and close academic achievement
gaps of low-income, minority, and limited English proficient
students;
``(3) describe how the State will establish annual
numerical performance objectives under section 2014 for
improving the qualifications of teachers and the professional
development of teachers, principals, and administrators;
``(4) contain an assurance that the State consulted with
local educational agencies, education-related community groups,
nonprofit organizations, parents, teachers, school
administrators, local school boards, institutions of higher
education in the State, and content specialists in establishing
the performance objectives described in section 2014;
``(5) describe how the State will hold local educational
agencies, elementary schools, and secondary schools accountable
for meeting the performance objectives described in section
2014 and for reporting annually on the local educational
agencies' and schools' progress in meeting the performance
objectives;
``(6) describe how the State will ensure that a local
educational agency receiving a subgrant under section 2012 will
comply with the requirements of this part;
``(7) provide an assurance that the State will require each
local educational agency, elementary school, or secondary
school receiving funds under this part to report publicly the
local educational agency's or school's annual progress with
respect to the performance objectives described in section
2014; and
``(8) describe how the State will coordinate professional
development activities authorized under this part with
professional development activities provided under other
Federal, State, and local programs, including programs
authorized under titles I and III and, where appropriate, the
Individuals with Disabilities Education Act and the Carl D.
Perkins Vocational and Technical Education Act of 1998.
``(c) Secretary Approval.--The Secretary shall, using a peer review
process, approve a State plan if the plan meets the requirements of
this section.
``(d) Duration of the Plan.--
``(1) In general.--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 to the State's
strategies and programs carried out under this part.
``(2) Additional information.--If a State receiving a grant
under this part makes significant changes to the State plan,
such as the adoption of new performance objectives, the State
shall submit information regarding the significant changes to
the Secretary.
``SEC. 2014. PERFORMANCE OBJECTIVES.
``(a) In General.--Each State receiving a grant under this part
shall establish annual numerical performance objectives with respect to
progress in improving the qualifications of teachers and the
professional development of teachers, principals, and administrators.
For each annual numerical performance objective established, the State
shall specify an incremental percentage increase for the objective to
be attained for each of the fiscal years for which the State receives a
grant under this part, relative to the preceding fiscal year.
``(b) Required Objectives.--At a minimum, the annual numerical
performance objectives described in subsection (a) shall include an
incremental increase in the percentage of--
``(1) classes in core academic subjects that are being
taught by fully qualified teachers;
``(2) new teachers and principals receiving professional
development support, including mentoring for teachers, during
the teachers' first 3 years of teaching;
``(3) teachers, principals, and administrators
participating in high quality professional development programs
that are consistent with section 2019; and
``(4) fully qualified teachers teaching in the State, to
ensure that all teachers teaching in such State are fully
qualified by December 31, 2005.
``(c) Requirement for Fully Qualified Teachers.--Each State
receiving a grant under this part shall ensure that all public
elementary school and secondary school teachers in the State are fully
qualified not later than December 31, 2005.
``(d) Accountability.--
``(1) In general.--Each State receiving a grant under this
part shall be held accountable for--
``(A) meeting the State's annual numerical
performance objectives; and
``(B) meeting the reporting requirements described
in section 4401.
``(2) Sanctions.--Any State that fails to meet the
requirement described in paragraph (1)(A) shall be subject to
sanctions under section 7001.
``(e) Special Rule.--Notwithstanding any other provision of law,
the provisions of subsection (c) shall not supersede State laws
governing public charter schools.
``(f) Coordination.--Each State that receives a grant under this
part and a grant under section 202 of the Higher Education Act of 1965
shall coordinate the activities the State carries out under such
section 202 with the activities the State carries out under this
section.
``SEC. 2015. OPTIONAL ACTIVITIES.
``Each State receiving a grant under section 2011(a) may use the
grant funds--
``(1) to develop and implement a system to measure the
effectiveness of specific professional development programs and
strategies;
``(2) to increase the portability of teacher pensions and
reciprocity of teaching certification or licensure among
States, except that no reciprocity agreement developed under
this section may lead to the weakening of any State teacher
certification or licensing requirement;
``(3) to develop or assist local educational agencies in
the development and utilization of proven, innovative
strategies to deliver intensive professional development
programs that are cost effective and easily accessible, such as
programs offered through the use of technology and distance
learning;
``(4) to provide assistance to local educational agencies
for the development and implementation of innovative
professional development programs that train teachers to use
technology to improve teaching and learning and that are
consistent with the requirements of section 2019;
``(5) to provide professional development to enable
teachers to ensure that female students, minority students,
limited English proficient students, students with
disabilities, and economically disadvantaged students have the
full opportunity to achieve challenging State content and
performance standards in the core academic subjects;
``(6) to increase the number of women, minorities, and
individuals with disabilities who teach in the State and who
are fully qualified and provide instruction in core academic
subjects in which such individuals are underrepresented; and
``(7) to increase the number of highly qualified women,
minorities, and individuals from other underrepresented groups
who are involved in the administration of elementary schools
and secondary schools within the State.
``SEC. 2016. STATE ADMINISTRATIVE EXPENSES.
``Each State receiving a grant under section 2011(a) may use not
more than 5 percent of the amount set aside in section 2012(a)(2) for
the cost of--
``(1) planning and administering the activities described
in section 2013(b); and
``(2) making subgrants to local educational agencies under
section 2012.
``SEC. 2017. LOCAL PLANS.
``(a) In General.--Each local educational agency desiring a grant
from the State under section 2012(a)(3) shall submit a local plan to
the State educational agency--
``(1) at such time, in such manner, and accompanied by such
information as the State educational agency may require; and
``(2) that describes how the local educational agency will
coordinate the activities for which assistance is sought under
this part with other programs carried out under this Act, or
other Acts, as appropriate.
``(b) Local Plan Contents.--The local plan described in subsection
(a) shall, at a minimum--
``(1) describe how the local educational agency will use
the grant funds to meet the State performance objectives for
teacher qualifications and professional development described
in section 2014;
``(2) describe how the local educational agency will hold
elementary schools and secondary schools accountable for
meeting the requirements described in this part;
``(3) contain an assurance that the local educational
agency will target funds to elementary schools and secondary
schools served by the local educational agency that--
``(A) have the lowest proportion of fully qualified
teachers; and
``(B) are identified for school improvement under
section 1116;
``(4) describe how the local educational agency will
coordinate professional development activities authorized under
section 2018(a) with professional development activities
provided through other Federal, State, and local programs,
including those authorized under titles I and III and, where
applicable, the Individuals with Disabilities Education Act and
the Carl D. Perkins Vocational and Technical Education Act of
1998; and
``(5) describe how the local educational agency has
collaborated with teachers, principals, parents, and
administrators in the preparation of the local plan.
``SEC. 2018. LOCAL ACTIVITIES.
``(a) In General.--Each local educational agency receiving a grant
under section 2012(a)(3) shall use the grant funds to--
``(1) support professional development activities,
consistent with section 2019, for--
``(A) teachers, in at least the areas of reading,
mathematics, and science; and
``(B) teachers, principals, and administrators in
order to provide such individuals with the knowledge
and skills to provide all students, including female
students, minority students, limited English proficient
students, students with disabilities, and economically
disadvantaged students, with the opportunity to meet
challenging State content and student performance
standards;
``(2) provide professional development to teachers,
principals, and administrators to enhance the use of technology
within elementary schools and secondary schools in order to
deliver more effective curricula instruction;
``(3) recruit and retain fully qualified teachers and
highly qualified principals, particularly for elementary
schools and secondary schools located in areas with high
percentages of low-performing students and students from
families below the poverty line;
``(4) recruit and retain fully qualified teachers and high
quality principals to serve in the elementary schools and
secondary schools with the highest proportion of low-performing
students, such as through--
``(A) mentoring programs for newly hired teachers,
including programs provided by master teachers, and for
newly hired principals; and
``(B) programs that provide other incentives,
including financial incentives, to retain--
``(i) teachers who have a record of success
in helping low-performing students improve
those students' academic success; and
``(ii) principals who have a record of
improving the performance of all students, or
significantly narrowing the gaps between
minority students and nonminority students, and
economically disadvantaged students and
noneconomically disadvantaged students, within
the elementary schools or secondary schools
served by the principals; and
``(5) provide professional development that incorporates
effective strategies, techniques, methods, and practices for
meeting the educational needs of diverse groups of students,
including female students, minority students, students with
disabilities, limited English proficient students, and
economically disadvantaged students.
``(b) Optional Activities.--Each local educational agency receiving
a grant under section 2012(a)(3) may use the subgrant funds--
``(1) to provide a signing bonus or other financial
incentive, such as differential pay for--
``(A) a teacher to teach in an academic subject for
which there exists a shortage of fully qualified
teachers within the elementary school or secondary
school in which the teacher teaches or within the
elementary schools and secondary schools served by the
local educational agency; or
``(B) a highly qualified principal in a school in
which there is a large percentage of children--
``(i) from low-income families; or
``(ii) with high percentages of low-
performance scores on State assessments;
``(2) to establish programs that--
``(A) recruit professionals into teaching from
other fields and provide such professionals with
alternative routes to teacher certification, especially
in the areas of mathematics, science, and English
language arts; and
``(B) provide increased teaching and administration
opportunities for fully qualified females, minorities,
individuals with disabilities, and other individuals
underrepresented in the teaching or school
administration professions;
``(3) to establish programs and activities that are
designed to improve the quality of the teacher and principal
force, such as innovative professional development programs
(which may be provided through partnerships, including
partnerships with institutions of higher education), and
including programs that--
``(A) train teachers and principals to utilize
technology to improve teaching and learning; and
``(B) are consistent with the requirements of
section 2019;
``(4) to provide collaboratively designed performance pay
systems for teachers and principals that encourage teachers and
principals to work together to raise student performance;
``(5) to establish professional development programs that
provide instruction in how to teach children with different
learning styles, particularly children with disabilities and
children with special learning needs (including children who
are gifted and talented);
``(6) to establish professional development programs that
provide instruction in how best to discipline children in the
classroom, and to identify early and appropriate interventions
to help children described in paragraph (5) learn;
``(7) to provide professional development programs that
provide instruction in how to teach character education in a
manner that--
``(A) reflects the values of parents, teachers, and
local communities; and
``(B) incorporates elements of good character,
including honesty, citizenship, courage, justice,
respect, personal responsibility, and trustworthiness;
``(8) to provide scholarships or other incentives to assist
teachers in attaining national board certification;
``(9) to support activities designed to provide effective
professional development for teachers of limited English
proficient students; and
``(10) to establish other activities designed--
``(A) to improve professional development for
teachers, principals, and administrators that are
consistent with section 2019; and
``(B) to recruit and retain fully qualified
teachers and highly qualified principals.
``(c) Administrative Expenses.--Each local educational agency
receiving a grant under section 2012(a)(3) may use not more than 1.5
percent of the grant funds for any fiscal year for the cost of
administering activities under this part.
``SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
``(a) Limitation Relating to Curriculum and Content Areas.--
``(1) In general.--Except as provided in paragraph (2), a
local educational agency may not use grant funds allocated
under section 2012(a)(3) to support a professional development
activity for a teacher that is not--
``(A) directly related to the curriculum for which
and content areas in which the teacher provides
instruction; or
``(B) designed to enhance the ability of the
teacher to understand and use the State's challenging
content standards for the academic subject in which the
teacher provides instruction.
``(2) Exception.--Paragraph (1) shall not apply to
professional development activities that provide instruction in
methods of disciplining children.
``(b) Professional Development Activity.--A professional
development activity carried out under this part shall--
``(1) be measured, in terms of progress described in
section 2014(a), using the specific performance indicators
established by the State in accordance with section 2014;
``(2) be tied to challenging State or local content
standards and student performance standards;
``(3) be tied to scientifically based research
demonstrating the effectiveness of such activities in
increasing student achievement or substantially increasing the
knowledge and teaching skills of teachers;
``(4) be of sufficient intensity and duration (such as not
to include 1-day or short-term workshops and conferences) to
have a positive and lasting impact on teachers' performance in
the classroom, except that this paragraph shall not apply to an
activity that is 1 component described in a long-term
comprehensive professional development plan established by a
teacher and the teacher's supervisor, and based upon an
assessment of the needs of the teacher, the teacher's students,
and the local educational agency;
``(5) be developed with extensive participation of
teachers, principals, parents, administrators, and local school
boards of elementary schools and secondary schools to be served
under this part, and institutions of higher education in the
State, and, with respect to any professional development
program described in paragraph (6) or (7) of section 2018(b),
shall, if applicable, be developed with extensive coordination
with, and participation of, professionals with expertise in
such type of professional development;
``(6) to the extent appropriate, provide training for
teachers regarding using technology and applying technology
effectively in the classroom to improve teaching and learning
concerning the curriculum and academic content areas, in which
those teachers provide instruction; and
``(7) be directly related to the content areas in which the
teachers provide instruction and the State content standards.
``(c) Accountability.--
``(1) In general.--A State shall notify a local educational
agency that the agency may be subject to the action described
in paragraph (3) if, after any fiscal year, the State
determines that the programs or activities funded by the agency
under this part fail to meet the requirements of subsections
(a) and (b).
``(2) Technical assistance.--A local educational agency
that has received notification pursuant to paragraph (1) may
request technical assistance from the State and an opportunity
for such local educational agency to comply with the
requirements of subsections (a) and (b).
``(3) State educational agency action.--If a State
educational agency determines that a local educational agency
failed to carry out the local educational agency's
responsibilities under this section, the State educational
agency shall take such action as the agency determines to be
necessary, consistent with this section, to provide, or direct
the local educational agency to provide, high-quality
professional development for teachers, principals, and
administrators.
``SEC. 2020. PARENTS' RIGHT TO KNOW.
``Each local educational agency receiving a grant under section
2012(a)(3) shall meet the reporting requirements with respect to
teacher qualifications described in section 4401(h).
``SEC. 2021. STATE REPORTS AND GAO STUDY.
``(a) State Reports.--Each State educational agency receiving a
grant under this part shall annually provide a report to the Secretary
describing--
``(1) the progress the State is making in increasing the
percentages of fully qualified teachers in the State to ensure
that all teachers are fully qualified not later than December
31, 2005, including information regarding--
``(A) the percentage increase over the previous
fiscal year in the number of fully qualified teachers
teaching in elementary schools and secondary schools
served by local educational agencies receiving funds
under title I; and
``(B) the percentage increase over the previous
fiscal year in the number of core classes being taught
by fully qualified teachers in elementary schools and
secondary schools being served under title I;
``(2) the activities undertaken by the State educational
agency and local educational agencies in the State to attract
and retain fully qualified teachers, especially in geographic
areas and content subject areas in which a shortage of such
teachers exist; and
``(3) the approximate percentage of Federal, State, local,
and nongovernmental resources being expended to carry out
activities described in paragraph (2).
``(b) GAO Study.--Not later than September 30, 2004, the
Comptroller General of the United States shall prepare and submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a study setting forth information regarding the
progress of States' compliance in increasing the percentage of fully
qualified teachers, as defined in section 2002(1), for fiscal years
2000 through 2003.
``SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.
``(a) Subgrants.--
``(1) In general.--A State receiving a grant under section
2011(a) shall award subgrants, on a competitive basis, from
amounts made available under section 2012(a)(1), to local
educational agencies, elementary schools, or secondary schools
that have formed educator partnerships, for the design and
implementation of programs that will enhance professional
development opportunities for teachers, principals, and
administrators, and will increase the number of fully qualified
teachers.
``(2) Allocations.--A State awarding subgrants under this
subsection shall allocate the subgrant funds on a competitive
basis and in a manner that results in an equitable distribution
of the subgrant funds by geographic areas within the State.
``(3) Administrative expenses.--Each educator partnership
receiving a subgrant under this subsection may use not more
than 5 percent of the subgrant funds for any fiscal year for
the cost of planning and administering programs under this
section.
``(b) Educator Partnerships.--An educator partnership described in
subsection (a) includes a cooperative arrangement between--
``(1) a public elementary school or secondary school
(including a charter school), or a local educational agency;
and
``(2) 1 or more of the following:
``(A) An institution of higher education.
``(B) An educational service agency.
``(C) A public or private not-for-profit education
organization.
``(D) A for-profit education organization.
``(E) An entity from outside the traditional
education arena, including a corporation or consulting
firm.
``(c) Use of Funds.--An educator partnership receiving a subgrant
under this section shall use the subgrant funds for--
``(1) developing and enhancing of professional development
activities for teachers in core academic subjects to ensure
that the teachers have content knowledge in the academic
subjects in which the teachers provide instruction;
``(2) developing and providing assistance to local
educational agencies and elementary schools and secondary
schools for sustained, high-quality professional development
activities for teachers, principals, and administrators, that--
``(A) ensure that teachers, principals, and
administrators are able to use State content standards,
performance standards, and assessments to improve
instructional practices and student achievement; and
``(B) may include intensive programs designed to
prepare a teacher who participates in such a program to
provide professional development instruction to other
teachers within the participating teacher's school;
``(3) increasing the number of fully qualified teachers
available to provide high-quality education to limited English
proficient students by--
``(A) working with institutions of higher education
that offer degree programs, to attract more people into
such programs, and to prepare better new, English
language teachers to provide effective language
instruction to limited English proficient students; and
``(B) supporting development and implementation of
professional development programs for language
instruction teachers to improve the language
proficiency of limited English proficient students;
``(4) developing and implementing professional development
activities for principals and administrators to enable the
principals and administrators to be effective school leaders
and to improve student achievement on challenging State content
and student performance standards, including professional
development relating to--
``(A) leadership skills;
``(B) recruitment, assignment, retention, and
evaluation of teachers and other staff;
``(C) effective instructional practices, including
the use of technology; and
``(D) parental and community involvement; and
``(5) providing activities that enhance professional
development opportunities for teachers, principals, and
administrators or will increase the number of fully qualified
teachers.
``(d) Application Required.--Each educator partnership desiring a
subgrant under this section shall submit an application to the
appropriate State educational agency at such time, in such manner, and
accompanied by such information as the State educational agency may
reasonably require.
``(e) Coordination.--Each educator partnership that receives a
subgrant under this section and a grant under section 203 of the Higher
Education Act of 1965 shall coordinate the activities carried out under
such section 203 with any related activities carried out under this
section.
``SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$1,600,000,000 for fiscal year 2001 and such sums as may be necessary
for each of the 4 succeeding fiscal years.
``PART B--CLASS SIZE REDUCTION
``SEC. 2031. FINDINGS.
``Congress makes the following findings:
``(1) Rigorous research has shown that students attending
small classes in the early grades make more rapid educational
gains than students in larger classes, and that those gains
persist through at least the eighth grade.
``(2) The benefits of smaller classes are greatest for
lower-achieving, minority, poor, and inner-city children, as
demonstrated by a study that found that urban fourth graders in
smaller-than-average classes were \3/4\ of a school year ahead
of their counterparts in larger-than-average classes.
``(3) Teachers in small classes can provide students with
more individualized attention, spend more time on instruction
and less time on other tasks, and cover more material
effectively, and are better able to work with parents to
further their children's education, than teachers in large
classes.
``(4) Smaller classes allow teachers to identify and work
with students who have learning disabilities sooner than is
possible with larger classes, potentially reducing those
students' needs for special education services in the later
grades.
``(5) The National Research Council report, `Preventing
Reading Difficulties in Young Children', recommends reducing
class sizes, accompanied by providing high-quality professional
development for teachers, as a strategy for improving student
achievement in reading.
``(6) Efforts to improve educational outcomes by reducing
class sizes in the early grades are likely to be successful
only if well-qualified teachers are hired to fill additional
classroom positions, and if teachers receive intensive, ongoing
professional development.
``(7) Several States and school districts have begun
serious efforts to reduce class sizes in the early elementary
school grades, but those efforts may be impeded by financial
limitations or difficulties in hiring highly qualified
teachers.
``(8) The Federal Government can assist in those efforts by
providing funding for class size reductions in grades 1 through
3, and by helping to ensure that both new and current teachers
who are moving into smaller classrooms are well prepared.
``SEC. 2032. PURPOSE.
``The purpose of this part is to help States and local educational
agencies recruit, train, and hire 100,000 additional teachers in order
to--
``(1) reduce nationally class size in grades 1 through 3 to
an average of 18 students per regular classroom; and
``(2) improve teaching in the early elementary school
grades so that all students can learn to read independently and
well by the end of the third grade.
``SEC. 2033. ALLOTMENTS TO STATES.
``(a) Reservations for the Outlying Areas and the Bureau of Indian
Affairs.--From the amount appropriated under section 2042 for any
fiscal year, the Secretary shall reserve a total of not more than 1
percent to make payments to--
``(1) outlying areas, on the basis of their respective
needs, for activities, approved by the Secretary, consistent
with this part; and
``(2) the Secretary of the Interior for activities approved
by the Secretary of Education, consistent with this part, in
schools operated or supported by the Bureau of Indian Affairs,
on the basis of their respective needs.
``(b) Allotments to States.--
``(1) In general.--From the amount appropriated under
section 2042 for a fiscal year and remaining after the
Secretary makes reservations under subsection (a), the
Secretary shall make grants by allotting to each State having a
State application approved under section 2034(c) an amount that
bears the same relationship to the remainder as the greater of
the amounts that the State received in the preceding fiscal
year under sections 1122 and 2202(b) (as such sections were in
effect on the day preceding the date of enactment of the Public
Education Reinvestment, Reinvention, and Rededication Act)
bears to the total of the greater amounts that all States
received under such sections for the preceding fiscal year.
``(2) Ratable reduction.--If the sums made available under
paragraph (1) for any fiscal year are insufficient to pay the
full amounts that all States are eligible to receive under
paragraph (1) for such year, the Secretary shall ratably reduce
such amounts for such year.
``(3) Reallotment.--If any State chooses not to participate
in the program carried out under this part, or fails to submit
an approvable application under this part, the Secretary shall
reallot the amount that such State would have received under
paragraphs (1) and (2) to States having applications approved
under section 2034(c), in accordance with paragraphs (1) and
(2).
``SEC. 2034. APPLICATIONS.
``(a) Applications Required.--The State educational agency for each
State desiring a grant under this part shall submit an application to
the Secretary at such time, in such form, and containing such
information as the Secretary may require.
``(b) Contents.--The application shall include--
``(1) a description of the State's goals for using funds
under this part to reduce average class sizes in regular
classrooms in grades 1 through 3, including a description of
class sizes in those classrooms, for each local educational
agency in the State (as of the date of submission of the
application);
``(2) a description of how the State educational agency
will allocate program funds made available through the grant
within the State;
``(3) a description of how the State will use other funds,
including other Federal funds, to reduce class sizes and to
improve teacher quality and reading achievement within the
State; and
``(4) an assurance that the State educational agency will
submit to the Secretary such reports and information as the
Secretary may reasonably require.
``(c) Approval of Applications.--The Secretary shall approve a
State application submitted under this section if the application meets
the requirements of this section and holds reasonable promise of
achieving the purpose of this part.
``SEC. 2035. WITHIN-STATE ALLOCATIONS.
``(a) Allocations to Local Educational Agencies.--Each State
receiving a grant under this part for any fiscal year may reserve not
more than 1 percent of the grant funds for the cost of administering
this part and, using the remaining funds, shall make subgrants by
allocating to each local educational agency in the State the sum of--
``(1) an amount that bears the same relationship to 80
percent of the remainder as the school-age population from
families with incomes below the poverty line in the area served
by the local educational agency bears to the school-age
population from families with incomes below the poverty line in
the area served by all local educational agencies in the State;
and
``(2) an amount that bears the same relationship to 20
percent of the remainder as the enrollment of the school-age
population in public and private nonprofit elementary schools
and secondary schools in the area served by the local
educational agency bears to the enrollment of the school-age
population in public and private nonprofit elementary schools
and secondary schools in the area served by all local
educational agencies in the State.
``(b) Reallocation.--If any local educational agency chooses not to
participate in the program carried out under this part, or fails to
submit an approvable application under this part, the State educational
agency shall reallocate the amount such local educational agency would
have received under subsection (a) to local educational agencies having
applications approved under section 2036(b), in accordance with
subsection (a).
``SEC. 2036. LOCAL APPLICATIONS.
``(a) In General.--Each local educational agency desiring a
subgrant under section 2035(a) shall submit an application to the
appropriate State educational agency at such time, in such form, and
containing such information as the State educational agency may
require, including a description of the local educational agency's
program to reduce class sizes by hiring additional highly qualified
teachers.
``(b) Approval of Applications.--The State educational agency shall
approve a local agency application submitted under subsection (a) if
the application meets the requirements of subsection (a) and holds
reasonable promise of achieving the purpose of this part.
``SEC. 2037. USES OF FUNDS.
``(a) Administrative Expenses.--Each local educational agency
receiving a subgrant under section 2035(a) may use not more than 3
percent of the subgrant funds for any fiscal year for the cost of
administering this part.
``(b) Recruitment, Teacher Testing, and Professional Development.--
``(1) In general.--Each local educational agency receiving
subgrant funds under this section shall use such subgrant funds
to carry out effective approaches to reducing class size with
fully qualified teachers who are certified within the State
(including teachers certified through State or local
alternative routes) and who demonstrate competency in the areas
in which the teachers provide instruction, to improve
educational achievement for both regular and special needs
children, with particular consideration given to reducing class
size in the early elementary grades.
``(2) Local activities.--
``(A) In general.--Each local educational agency
receiving subgrant funds under this section may use
such subgrant funds for--
``(i) recruiting (including through the use
of signing bonuses, and other financial
incentives), hiring, and training fully
qualified regular and special education
teachers (which may include hiring special
education teachers to team-teach with regular
teachers in classrooms that contain both
children with disabilities and non-disabled
children) and teachers of special-needs
children, who are certified within the State,
including teachers who are certified through
State or local alternative routes, have a
bachelor's degree, and demonstrate the general
knowledge, teaching skills, and subject matter
knowledge required to teach in the content
areas in which the teachers provide
instruction;
``(ii) testing new teachers for academic
content knowledge and satisfaction of State
certification requirements consistent with
title II of the Higher Education Act of 1965;
and
``(iii) providing professional development
(which may include such activities as promoting
retention and mentoring) to teachers, including
special education teachers and teachers of
special-needs children, in order to meet the
goal of ensuring that all instructional staff
have the subject matter knowledge, teaching
knowledge, and teaching skills necessary to
teach effectively in the content area or areas
in which they provide instruction, consistent
with title II of the Higher Education Act of
1965.
``(B) Limitations.--
``(i) In general.--Except as provided in
clause (ii), a local educational agency may use
not more than a total of 25 percent of the
award received under this section for
activities described in subparagraph (A)(ii)
and (iii).
``(ii) Ed-flex.--
``(I) Waiver.--A local educational
agency located in a State designated as
an Ed-Flex Partnership State under
section 4(a)(1)(B) of the Education
Flexibility Partnership Act of 1999,
and in which 10 percent or more of
teachers in elementary schools, as
defined by section 8101(14), have not
met applicable State and local
certification requirements (including
certification through State or local
alternative routes), or if such
requirements have been waived, may
apply to the State educational agency
for a waiver that would permit the
agency to use more than 25 percent of
the funds it receives under this
section for activities described in
subparagraph (A)(iii) for the purpose
of helping teachers to become
certified.
``(II) Approval.--If the State
educational agency approves the local
educational agency's application for a
waiver under subclause (I), the local
educational agency may use the funds
subject to the waiver for activities
described in subparagraph (A)(iii) that
are needed to ensure that at least 90
percent of the teachers in elementary
schools within the State are certified.
``(C) Additional uses.--
``(i) In general.--A local educational
agency that has already reduced class size in
the early grades to 18 or less children (or has
already reduced class size to a State or local
class size reduction goal that was in effect on
the day before the enactment of the Department
of Education Appropriations Act, 2000, if that
State or local educational agency goal is 20 or
fewer children) may use funds received under
this section--
``(I) to make further class size
reductions in grades kindergarten
through 3;
``(II) to reduce class size in
other grades; or
``(III) to carry out activities to
improve teacher quality, including
professional development.
``(ii) Professional development.--If a
local educational agency has already reduced
class size in the early grades to 18 or fewer
children and intends to use funds provided
under this Part to carry out professional
development activities, including activities to
improve teacher quality, then the State shall
make the award under section 2035 to the local
educational agency.
``(c) Special Rule.--Notwithstanding subsection (b), if the award
to a local educational agency under section 2035 is less than the
starting salary for a new fully qualified teacher teaching in a school
served by that agency, and such teacher is certified within the State
(which may include certification through State or local alternative
routes), has a bachelor's degree, and demonstrates the general
knowledge, teaching skills, and subject matter knowledge required to
teach in the content areas the teacher is assigned to provide
instruction, then the agency may use grant funds under this part to--
``(1) help pay the salary of a full- or part-time teacher
hired to reduce class size, which may be in combination with
other Federal, State, or local funds; or
``(2) pay for activities described in subsection (b), which
may be related to teaching in smaller classes.
``SEC. 2038. PRIVATE SCHOOLS.
``If a local educational agency uses funds made available under
this Part for professional development activities, the local
educational agency shall ensure the equitable participation of private
nonprofit elementary schools and secondary schools in such activities.
``SEC. 2039. TEACHER SALARIES AND BENEFITS.
`` A local educational agency may use grant funds provided under
this part--
``(1) except as provided in paragraph (2), to increase the
salaries of, or provide benefits (other than participation in
professional development and enrichment programs) to, teachers
only if such teachers were hired under this part; and
``(2) to pay the salaries of teachers hired under section
307 of the Department of Education Appropriations Act of 1999
who, not later than the beginning of the 2001-2002 school year,
are fully qualified, as defined in section 2002(1).
``SEC. 2040. STATE REPORT REQUIREMENTS.
``(a) Report on Activities.--A State educational agency receiving
funds under this part shall submit a report to the Secretary providing
information about the activities in the State assisted under this part.
``(b) Report to Parents.--Each State educational agency and local
educational agency receiving funds under this part shall publicly issue
a report to parents of children who attend schools assisted under this
part describing--
``(1) the agency's progress in reducing class size;
``(2) the agency's progress in increasing the percentage of
classes in core academic areas that are taught by fully
qualified teachers who are certified within the State and
demonstrate competency in the content areas in which the
teachers provide instruction; and
``(3) the impact, if any, that hiring additional highly
qualified teachers and reducing class size has had on
increasing student academic achievement in schools served by
the agency.
``(c) Professional Qualifications Report.--Upon the request of a
parent of a child attending a school receiving assistance under this
part, such school shall provide the parent with information regarding
the professional qualifications of their child's teacher.
``SEC. 2041. SUPPLEMENT NOT SUPPLANT.
``Each local educational agency receiving grant funds under this
part shall use such funds only to supplement, and not to supplant,
State and local funds that, in the absence of such funds, would
otherwise be spent for activities under this part.
``SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $1,400,000,000 for fiscal year 2001, and such sums
as may be necessary for each of the 4 succeeding fiscal years.''.
TITLE III--LANGUAGE MINORITY STUDENTS AND INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION
SEC. 301. LANGUAGE MINORITY STUDENTS.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) by amending the heading for title III to read as
follows:
``TITLE III--LANGUAGE MINORITY STUDENTS AND INDIAN, NATIVE HAWAIIAN,
AND ALASKA NATIVE EDUCATION'';
(2) by repealing section 3101 (20 U.S.C. 6801) and part A
(20 U.S.C. 6811 et seq.); and
(3) by inserting after the heading for title III (as
amended by paragraph (1)) the following:
``Subtitle A--Language Minority Students
``SEC. 3101. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1)(A) Educating limited English proficient students is
an urgent goal for many local educational agencies, but that
goal is not being achieved.
``(B) Each year, 640,000 limited English proficient
students are not served by any sort of program targeted to the
students' unique needs.
``(C) In 1998, only 15 percent of local educational
agencies that applied for funding under enhancement grants and
comprehensive school grants received such funding.
``(2)(A) The school dropout rate for Hispanic students, the
largest group of limited English proficient students, is
approximately 25 percent, and is approximately 46 percent for
Hispanic students born outside of the United States.
``(B) A United States Department of Education report
regarding school dropout rates states that language difficulty
`may be a barrier to participation in United States schools'.
``(C) Reading ability is a key predictor of graduation and
academic success.
``(3) Through fiscal year 1999, bilingual education
capacity and demonstration grants--
``(A) have spread funding too broadly to make an
impact on language instruction educational programs
implemented by State educational agencies and local
educational agencies; and
``(B) have lacked concrete performance measures.
``(4)(A) Since 1979, the number of limited English
proficient children in schools in the United States has
doubled, and demographic trends indicate the population of
limited English proficient children will continue to increase.
``(B) Language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States.
``(C) The rich linguistic diversity language-minority
students bring to America's classrooms enhances the learning
environment for all students and should be valued for the
significant, positive impact such diversity has on the entire
school environment.
``(D) Parent and community participation in educational
language programs for limited English proficient students
contributes to program effectiveness.
``(E) The Federal Government, as reflected in title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and
section 204(f) of the Equal Education Opportunities Act of 1974
(20 U.S.C. 1703), has a special and continuing obligation to
ensure that States and local educational agencies take
appropriate action to provide equal educational opportunities
to limited English proficient children and youth.
``(F) The Federal Government also, as exemplified by
programs authorized under this title, has a special and
continuing obligation to assist States and local educational
agencies to develop the capacity to provide programs of
instruction that offer limited English proficient children and
youth equal educational opportunities.
``(5) Limited English proficient children and youth face a
number of challenges in receiving an education that will enable
them to participate fully in American society, including--
``(A) disproportionate attendance in high-poverty
schools, as demonstrated by the fact that, in 1994, 75
percent of limited English proficient students attended
schools in which as least half of all students were
eligible for free or reduced-price meals;
``(B) the limited ability of parents of such
children and youth to participate fully in the
education of their children because of the parents' own
limited English proficiency;
``(C) a shortage of teachers and other staff who
are professionally trained and qualified to serve such
children and youth; and
``(D) lack of appropriate performance and
assessment standards that distinguish between language
and academic achievement so that there is equal
accountability on the part of State educational
agencies and local educational agencies for the
achievement of limited English proficient students in
academic content while acquiring English language
skills.
``(b) Policy.--Congress declares it to be the policy of the United
States that in order to ensure equal educational opportunity for all
children and youth, and to promote educational excellence, the Federal
Government should--
``(1) assist State educational agencies, local educational
agencies, and community-based organizations to build their
capacity to establish, implement, and sustain programs of
instruction and English language development for children and
youth of limited English proficiency;
``(2) hold State educational agencies and local educational
agencies accountable for increases in English proficiency and
core content knowledge among limited English proficient
students; and
``(3) promote parental and community participation in
limited English proficiency programs.
``(c) Purpose.--The purpose of this subtitle is to assist all
limited English proficient students so that those students can meet or
exceed the State proficient standard level for academic performance in
core subject areas expected of all elementary school and secondary
school students, and succeed in our Nation's society, by--
``(1) streamlining existing language instruction programs
into a performance-based grant for State and local educational
agencies to help limited English proficient students become
proficient in English;
``(2) increasing significantly the amount of Federal
assistance to local educational agencies serving such students
while requiring that State educational agencies and local
educational agencies demonstrate annual improvements in the
English proficiency of such students from the preceding fiscal
year; and
``(3) providing State educational agencies and local
educational agencies with the flexibility to implement
instructional programs based on scientific research that the
agencies believe to be the most effective for teaching English.
``SEC. 3102. DEFINITIONS.
``Except as otherwise provided, for purposes of this subtitle:
``(1) Limited English proficient student.--The term
`limited English proficient student' means an individual aged 5
through 17 enrolled in an elementary school or secondary
school--
``(A) who--
``(i) was not born in the United States or
whose native language is a language other than
English; or
``(ii) is a Native American or Alaska
Native, or who is a native resident of the
outlying areas and comes from an environment
where a language other than English has had a
significant impact on such individual's level
of English language proficiency; or
``(iii) is migratory and whose native
language is other than English, and who comes
from an environment where a language other than
English is dominant; and
``(B) who has sufficient difficulty speaking,
reading, writing, or understanding the English
language, and whose difficulties may deny such
individual the opportunity to learn successfully in
classrooms where the language of instruction is English
or to participate fully in our society.
``(2) Language instruction educational program.--The term
`language instruction educational program' means an
instructional course in which a limited English proficient
student is placed for the purpose of becoming proficient in the
English language.
``(3) Specially qualified agency.--The term `specially
qualified agency' means a local educational agency in a State
that does not participate in a program under this subtitle for
a fiscal year.
``(4) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``SEC. 3103. PROGRAM AUTHORIZED.
``(a) Grants Authorized.--The Secretary shall award grants, from
allotments under subsection (b), to each State having a State plan
approved under section 3105(c), to enable the State to help limited
English proficient students become proficient in English.
``(b) Reservations and Allotments.--
``(1) Reservations.--From the amount appropriated under
section 3110 to carry out this subtitle for each fiscal year,
the Secretary shall reserve--
``(A) \1/2\ of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent with
this subtitle, in schools operated or supported by the
Bureau of Indian Affairs, on the basis of their
respective needs for assistance under this subtitle;
and
``(B) \1/2\ of 1 percent of such amount for
payments to outlying areas, to be allotted in
accordance with their respective needs as determined by
the Secretary, for activities, approved by the
Secretary, consistent with this subtitle.
``(2) State allotments.--From the amount appropriated under
section 3110 for any of the fiscal years 2001 through 2005 that
remains after making reservations under paragraph (1), the
Secretary shall allot to each State having a State plan
approved under section 3105(c) an amount that bears the same
relationship to the remainder as the number of limited English
proficient students in the State bears to the number of limited
English proficient students in all States.
``(3) Data.--For the purpose of determining the number of
limited English proficient students in a State and in all
States for each fiscal year, the Secretary shall use data that
will yield the most accurate, up-to-date, numbers of such
students, including--
``(A) data available from the Bureau of the Census;
or
``(B) data submitted to the Secretary by the States
to determine the number of limited English proficient
students in a State and in all States.
``(4) Hold-harmless amounts.--For fiscal year 2001, and for
each of the 4 succeeding fiscal years, notwithstanding
paragraph (2), the total amount allotted to each State under
this subsection shall be not less than 85 percent of the total
amount the State was allotted under parts A and B of title VII
(as such title was in effect on the day preceding the date of
enactment of the Public Education Reinvestment, Reinvention,
and Responsibility Act).
``(c) Direct Awards to Specially Qualified Agencies.--
``(1) Nonparticipating state.--If a State educational
agency for a fiscal year elects not to participate in a program
under this subtitle, or does not have an application approved
under section 3105(c), a specially qualified agency in such
State desiring a grant under this subtitle for the fiscal year
shall apply directly to the Secretary to receive a grant under
this subsection.
``(2) Direct awards.--The Secretary may award, on a
competitive basis, the amount the State educational agency is
eligible to receive under subsection (b)(2) directly to
specially qualified agencies in the State desiring a grant
under paragraph (1) and having an application approved under
section 3105(c).
``(3) Administrative funds.--A specially qualified agency
that receives a direct grant under this subsection may use not
more than 1 percent of the grant funds for the administrative
costs of carrying out this subtitle in the first year the
agency receives a grant under this subsection and 0.5 percent
for such costs in the second and each succeeding such year.
``SEC. 3104. WITHIN-STATE ALLOCATIONS.
``(a) Grant Awards.--Each State educational agency receiving a
grant under section 3103(a) shall use 95 percent of the grant funds to
award subgrants, from allotments under subsection (b), to local
educational agencies in the State to carry out the activities described
in section 3107.
``(b) Allotment Formula.--Each State educational agency receiving a
grant under this subtitle shall award a grant to each local educational
agency in the State having a plan approved under section 3106 in an
amount that bears the same relationship to the amount of funds
appropriated under section 3110 as the school-age population of limited
English proficient students in schools served by the local educational
agency bears to the school-age population of limited English proficient
students in schools served by all local educational agencies in the
State.
``(c) Reservations.--
``(1) State activities.--Each State educational agency
receiving a grant under this subtitle may reserve not more than
5 percent of the grant funds to carry out activities described
in the State plan submitted under section 3105.
``(2) Administrative expenses.--From the amount reserved
under paragraph (1), a State educational agency may use not
more than 2 percent for the planning costs and administrative
costs of carrying out the activities described in the State
plan and providing grants to local educational agencies.
``SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY PLAN.
``(a) Plan Required.--Each State educational agency and specially
qualified agency desiring a grant under this subtitle shall submit a
plan to the Secretary at such time, in such manner and accompanied by
such information as the Secretary may require.
``(b) Contents.--Each State plan submitted under subsection (a)
shall--
``(1) describe how the State or specially qualified agency
will--
``(A) establish standards and benchmarks for
English language development that are aligned with the
State content and student performance standards
described in section 1111;
``(B) develop high-quality, annual assessments to
measure English language proficiency, including
proficiency in the 4 recognized domains of speaking,
listening, reading, and writing; and
``(C) develop annual performance objectives, based
on the English language development standards described
in subparagraph (A), to raise the level of English
proficiency of each limited English proficient student;
``(2) contain an assurance that the State educational
agency or specially qualified agency consulted with local
educational agencies, education-related community groups and
nonprofit organizations, parents, teachers, school
administrators, and English language instruction specialists,
in the setting of the performance objectives;
``(3) describe how--
``(A) in the case of a State educational agency,
the State educational agency will hold local
educational agencies and elementary schools and
secondary schools accountable for--
``(i) meeting the English proficiency
performance objectives described in section
3109; and
``(ii) making adequate yearly progress with
limited English proficient students in the
subject areas of core content knowledge as
described in section 1111; and
``(B) in the case of a specially qualified agency,
the agency will hold elementary schools and secondary
schools accountable for meeting the English proficiency
performance objectives described in section 3109, and
making adequate yearly progress, including annual
numerical goals for improving the performance of
limited English proficient students on performance
standards described in section 1111(b)(1)(D)(ii);
``(4) describe the activities for which assistance is
sought, and how the activities will increase the speed and
effectiveness with which students learn English;
``(5) in the case of a State educational agency, describe
how local educational agencies in the State will be given the
flexibility to teach English--
``(A) using language instruction curriculum that is
scientifically research based; and
``(B) in the manner the local educational agencies
determine to be the most effective; and
``(6) describe how--
``(A) in the case of a State educational agency,
the State educational agency will provide technical
assistance to local educational agencies and elementary
schools and secondary schools for the purposes of
identifying and implementing English language
instruction educational programs and curricula that are
scientifically research based; and
``(B) in the case of a specially qualified agency,
the specially qualified agency will provide technical
assistance to elementary schools and secondary schools
served by the specially qualified agency for the
purposes of identifying and implementing English
language instruction educational programs and curricula
that are scientifically research based.
``(c) Approval.--The Secretary, using a peer review process, shall
approve a State plan or a specially qualified agency plan if the plan
meets the requirements of this section, and holds reasonable promise of
achieving the purpose described in section 3101(c).
``(d) Duration of the Plan.--
``(1) In general.--Each State plan or specially qualified
agency plan shall--
``(A) remain in effect for the duration of the
State's or specially qualified agency's participation
under this subtitle; and;
``(B) be periodically reviewed and revised by the
State or specially qualified agency, as necessary, to
reflect changes in the State's or specially qualified
agency's strategies and programs under this subtitle.
``(2) Additional information.--If the State educational
agency or specially qualified agency makes significant changes
in its plan, such as the adoption of new performance objectives
or assessment measures, the State educational agency or
specially qualified agency shall submit such information to the
Secretary.
``(e) Consolidated Plan.--A State plan submitted under subsection
(a) may be submitted as part of a consolidated plan under section 8302.
``(f) Secretary Assistance.--Pursuant to section 7004(a)(3), the
Secretary shall provide assistance, if required, in the development of
English language development standards and English language proficiency
assessments.
``SEC. 3106. LOCAL PLANS.
``(a) Plan Required.--Each local educational agency desiring a
grant from the State educational agency under section 3104(a) shall
submit a plan to the State educational agency at such time, in such
manner, and accompanied by such information as the State educational
agency may require.
``(b) Contents.--Each local educational agency plan submitted under
subsection (a) shall--
``(1) describe how the local educational agency shall use
the grant funds to meet the English proficiency performance
objective described in section 3109;
``(2) describe how the local educational agency will hold
elementary schools and secondary schools accountable for
meeting the performance objectives;
``(3) contain an assurance that the local educational
agency consulted with elementary schools and secondary schools,
education-related community groups and nonprofit organizations,
institutions of higher education, parents, language instruction
teachers, school administrators, and English language
instruction specialists, in developing the local educational
agency plan; and
``(4) contain an assurance that the local educational
agency will use the disaggregated results of the student
assessments required under section 1111(b)(4), and other
measures or indicators available to the agency, to review
annually the progress of each school served by the agency under
this part and under title I to determine whether the schools
are making the annual progress necessary to ensure that limited
English proficient students attending the schools will meet the
proficient State content and student performance standard
within 10 years of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act.
``SEC. 3107. USES OF FUNDS.
``(a) Administrative Expenses.--Each local educational agency
receiving a grant under section 3104 may use not more than 1 percent of
the grant funds for any fiscal year for the cost of administering this
subtitle.
``(b) Activities.--Each local educational agency receiving grant
funds under section 3104 shall use the grant funds that are not used
under subsection (a)--
``(1) to increase limited English proficient students'
proficiency in English by providing high-quality English
language instruction programs, such as bilingual education
programs and transitional education or English immersion
education programs, that are--
``(A) tied to scientifically based research
demonstrating the effectiveness of the programs in
increasing English proficiency; and
``(B) approved by the State educational agency;
``(2) to provide high-quality professional development
activities for teachers of limited English proficient students
that are--
``(A) designed to enhance the ability of such
teachers to understand and use curricula, assessment
measures, and instructional strategies for limited
English proficient students;
``(B) tied to scientifically based research
demonstrating the effectiveness of such programs in
increasing students' English proficiency or
substantially increasing the knowledge and teaching
skills of such teachers; and
``(C) of sufficient intensity and duration (such as
not to include 1-day or short-term workshops and
conferences) to have a positive and lasting impact on
the teacher's performance in the classroom, except that
this paragraph shall not apply to an activity that is 1
component of a long-term, comprehensive professional
development plan established by a teacher and the
teacher's supervisor based upon an assessment of the
teacher's and supervisor's needs, the student's needs,
and the needs of the local educational agency;
``(3) to identify, acquire, and upgrade curricula,
instructional materials, educational software, and assessment
procedures; and
``(4) to provide parent and community participation
programs to improve English language instruction programs for
limited English proficient students.
``SEC. 3108. PROGRAM REQUIREMENTS.
``(a) Prohibition.--In carrying out this subtitle the Secretary
shall neither mandate nor preclude a particular curricular or
pedagogical approach to educating limited English proficient students.
``(b) Teacher English Fluency.--Each local educational agency
receiving grant funds under section 3104 shall certify to the State
educational agency that all teachers in any language instruction
program for limited English proficient students funded under this
subtitle are fluent in English.
``SEC. 3109. PERFORMANCE OBJECTIVES.
``(a) In General.--Each State educational agency or specifically
qualified agency receiving a grant under this subtitle shall develop
annual numerical performance objectives with respect to helping limited
English proficient students become proficient in English. The
objectives shall include incremental percentage increases for each
fiscal year a State receives a grant under this subtitle, including
increases in the number of limited English proficient students
demonstrating an increase in performance on annual assessments in
reading, writing, speaking, and listening comprehension, from the
preceding fiscal year.
``(b) Accountability.--Each State educational agency or specially
qualified agency receiving a grant under this subtitle shall be held
accountable for meeting the annual numerical performance objectives
under this subtitle and the adequate yearly progress levels for limited
English proficient students under section 1111(b)(2)(B)(iv) and (vii).
Any State educational agency or specially qualified agency that fails
to meet the annual performance objectives shall be subject to sanctions
under section 7001.
``SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subtitle $1,000,000,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.
``SEC. 3111. REGULATIONS AND NOTIFICATION.
``(a) Regulation Rule.--In developing regulations under this
subtitle, the Secretary shall consult with State educational agencies,
local educational agencies, organizations representing limited English
proficient individuals, and organizations representing teachers and
other personnel involved in the education of limited English proficient
students.
``(b) Parental Notification.--
``(1) In general.--Each local educational agency shall
notify parents of a student participating in a language
instruction educational program under this subtitle of--
``(A) the student's level of English proficiency,
how such level was assessed, the status of the
student's academic achievement, and the implications of
the student's educational strengths and needs for age-
and grade-appropriate academic attainment, promotion,
and graduation;
``(B) what programs are available to meet the
student's educational strengths and needs, and how such
programs differ in content and instructional goals from
other language instruction educational programs and, in
the case of a student with a disability, how such
program meets the objectives of the individualized
education program of such a student; and
``(C) the instructional goals of the language
instruction educational program, and how the program
will specifically help the limited English proficient
student learn English and meet age-appropriate
standards for grade promotion and graduation,
including--
``(i) the characteristics, benefits, and
past academic results of the language
instruction educational program and of
instructional alternatives; and
``(ii) the reasons the student was
identified as being in need of a language
instruction educational program.
``(2) Option to decline.--
``(A) In general.--Each parent described in
paragraph (1) shall also be informed that the parent
has the option of declining the enrollment of their
children or youth in a language instruction educational
program, and shall be given an opportunity to decline
such enrollment if the parent so chooses.
``(B) Obligations.--A local educational agency
shall not be relieved of any of the agency's
obligations under title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.) if a parent chooses not
to enroll their child in a language instruction
educational program.
``(3) Receipt of information.--A parent described in
paragraph (1) shall receive, in a manner and form
understandable to the parent including, if necessary and to the
extent feasible, in the native language of the parent, the
information required by this subsection. At a minimum, the
parent shall receive--
``(A) timely information about projects funded
under this subtitle; and
``(B) if the parent of a participating child so
desires, notice of opportunities for regular meetings
for the purpose of formulating and responding to
recommendations from parents of children assisted under
this subtitle.
``(4) Special rule.--A student shall not be admitted to, or
excluded from, any Federally assisted language instruction
educational program solely on the basis of a surname or
language-minority status.
``(5) Limitations on conditions.--Nothing in this subtitle
shall be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control a State's,
local educational agency's, elementary school's, or secondary
school's specific challenging English language development
standards or assessments, curricula, or program of instruction,
as a condition of eligibility to receive grant funds under this
subtitle.''.
SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.
(a) Repeals, Transfers, and Redesignations.--Title III (20 U.S.C.
6801 et seq.) is further amended--
(1) by repealing part B (20 U.S.C. 6891 et seq.), part C
(20 U.S.C. 6921 et seq.), part D (20 U.S.C. 6951 et seq.), and
part E (20 U.S.C. 6971 et seq. );
(2) by transferring part C of title VII (20 U.S.C. 7541 et
seq.) to title III and inserting such part after subtitle A (as
inserted by section 301(3));
(3) by redesignating the heading for part C of title VII
(as transferred by paragraph (2)) as the heading for subtitle
B, and redesignating accordingly the references to such part as
the references to such subtitle; and
(4) by redesignating section 7301 through 7309 (20 U.S.C.
7541, 7549) (as transferred by paragraph (2)) as sections 3201
through 3209, respectively, and redesignating accordingly the
references to such sections.
(b) Amendments.--Subtitle B of title III (as so transferred and
redesignated) is amended--
(1) in section 3205(a)(2) (as redesignated by subsection
(a)(4)), by striking ``the Goals 2000: Educate America Act,'';
and
(2) in section 3209 (as redesignated by subsection (a)(4)),
by striking ``$100,000,000'' and all that follows through
``necessary for'' and inserting ``such sums as may be necessary
for fiscal year 2001 and''.
SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION.
(a) Repeals, Transfers, and Redesignations.--Title III (20 U.S.C
6801 et seq.) is further amended--
(1) by transferring title IX (20 U.S.C. 7801 et seq.) to
title III and inserting such title after subtitle B (as
inserted by section 302(a)(2));
(2) by redesignating the heading for title IX (as
transferred by paragraph (1)) as the heading for subtitle C,
and redesignating accordingly the references to such title as
the references to such subtitle;
(3) by redesignating sections 9101 and 9102 (20 U.S.C.
7801, 7802) (as transferred by paragraph (1)) as sections 3301
and 3302, respectively, and redesignating accordingly the
references to such sections;
(4) by redesignating sections 9111 through 9118 (20 U.S.C.
7811, 7818) (as transferred by paragraph (1)) as sections 3311
through 3318, respectively, and redesignating accordingly the
references to such sections;
(5) by redesignating sections 9121 through 9125 (20 U.S.C.
7831, 7835) (as transferred by paragraph (1)) as sections 3321
through 3325, and redesignating accordingly the references to
such section;
(6) by redesignating sections 9131 and 9141 (20 U.S.C.
7851, 7861) (as transferred by paragraph (1)) as sections 3331
and 3341, respectively, and redesignating accordingly the
references to such sections;
(7) by redesignating sections 9151 through 9154 (20 U.S.C.
7871, 7874) (as transferred by paragraph (1)) as sections 3351
through 3354, respectively, and redesignating accordingly the
references to such sections;
(8) by redesignating sections 9161 and 9162 (20 U.S.C.
7881, 7882) (as transferred by paragraph (1)) as sections 3361
and 3362, respectively, and redesignating accordingly the
references to such sections;
(9) by redesignating sections 9201 through 9212 (20 U.S.C.
7901, 7912) (as transferred by paragraph (1)) as sections 3401
through 3412, respectively, and redesignating accordingly the
references to such sections; and
(10) by redesignating sections 9301 through 9308 (20 U.S.C.
7931, 7938) (as transferred by paragraph (1)) as sections 3501
through 3508, and redesignating accordingly the references to
such sections.
(b) Amendments.--Subtitle C of title III (as so transferred and
redesignated) is amended--
(1) by amending section 3314(b)(2)(A) (as redesignated by
subsection (a)(4)) to read as follows:
``(2)(A) is consistent with, and promotes the goals in, the
State and local improvement plans under sections 1111 and
1112'';
(2) by amending section 3325(e) (as redesignated by
subsection (a)(5)) to read as follows:
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this subpart
for fiscal year 2001 and each of the 4 succeeding years.'';
(3) in section 3361(4)(E) (as redesignated by subsection
(a)(8)), by striking ``the Act entitled the `Improving
America's Schools Act of 1994''' and inserting ``the Public
Education Reinvestment, Reinvention, and Responsibility Act'';
(4) by amending section 3362 (as redesignated by subsection
(a)(8)) to read as follows:
``SEC. 3262. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out subparts 1 through 5 of this
part, there are authorized to be appropriated to the Department of
Education such sums as may be necessary for fiscal year 2001 and each
of the 4 succeeding years.'';
(5) in section 3404 (as redesignated by subsection
(a)(9))--
(A) in subsection (i), by striking ``Improving
America's Schools Act of 1994'' and inserting ``Public
Education Reinvestment, Reinvention, and Responsibility
Act''; and
(B) in subsection (j), by striking ``$500,000 for
fiscal year 1995, and such sums as may be necessary''
and inserting ``such sums as may be necessary for
fiscal year 2001, and'';
(6) in section 3405(c) (as redesignated by subsection
(a)(9)), by striking ``$6,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(7) in section 3406(e) (as redesignated by subsection
(a)(9)), by striking ``$2,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(8) in section 3407(e) (as redesignated by subsection
(a)(9)), by striking ``$1,500,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(9) in section 3408(c) (as redesignated by subsection
(a)(9)), by striking ``$2,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(10) in section 3409(d) (as redesignated by subsection
(a)(9)), by striking ``$2,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(11) in section 3410(d) (as redesignated by subsection
(a)(9)), by striking ``$1,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(12) in section 3504(c) (as redesignated by subsection
(a)(10)), by striking ``$5,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and'';
(13) in section 3505(e) (as redesignated by subsection
(a)(10)), by striking ``$2,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and''; and
(14) in section 3506(d) (as redesignated by subsection
(a)(10)), by striking ``$1,000,000 for fiscal year 1995, and
such sums as may be necessary'' and inserting ``such sums as
may be necessary for fiscal year 2001, and''.
TITLE IV--PUBLIC SCHOOL CHOICE
SEC. 401. PUBLIC SCHOOL CHOICE.
(a) Magnet Schools Amendments.--Section 5113(a) (20 U.S.C. 7213(a))
is amended--
(1) by striking ``$120,000,000'' and inserting
``$130,000,000''; and
(2) by striking ``1995'' and inserting ``2001''.
(b) Charter Schools Amendments.--
(1) Parallel accountability.--Section 10302 (20 U.S.C.
8062) is amended by adding at the end the following:
``(g) Parallel Accountability.--Each State educational agency
receiving a grant under this part shall hold charter schools assisted
under this part accountable for adequate yearly progress for improving
student performance under title I and as established in the school's
charter, including the use of the same standards and assessments as
established under title I.''.
(2) Authorization of appropriations.--Section 10311 (20
U.S.C. 8067) is amended.--
(A) by striking ``$100,000,000'' and inserting
``$200,000,000''; and
(B) by striking ``1999'' and inserting ``2001''.
(c) Repeals, Transfers and Redesignations.--The Act (20 U.S.C. 6301
et seq.) is amended--
(1) by amending the heading for title IV (20 U.S.C. 7101 et
seq.) to read as follows:
``TITLE IV--PUBLIC SCHOOL CHOICE'';
(2) by amending section 4001 to read as follows:
``SEC. 4001. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1)(A) Charter schools and magnet schools are an integral
part of the educational system in the United States.
``(1)(B) Thirty-four States and the District of Columbia
have established charter schools.
``(1)(C) Magnet schools have been established throughout
the United States.
``(1)(D) A Department of Education evaluation of charter
schools shows that 59 percent of charter schools reported that
lack of start-up funds posed a difficult or very difficult
challenge for the school.
``(2) State educational agencies and local educational
agencies should hold all schools accountable for the improved
performance of all students, including students attending
charter schools and magnet schools, under State standards and
student assessment measures.
``(3) School report cards constitute the key informational
component used by parents for effective public school choice.
``(b) Policy.--Congress declares it to be the policy of the United
States--
``(1) to support and stimulate improved public school
performance through increased public elementary school and
secondary school competition and increased Federal financial
assistance; and
``(2) to provide parents with more choices among public
school options.
``(c) Purposes.--The purposes of this title are as follows:
``(1) To consolidate public school choice programs into 1
title.
``(2) To increase Federal assistance for magnet schools and
charter schools.
``(3) To help parents make better and more informed choices
by--
``(A) providing continued support and financial
assistance for magnet schools;
``(B) providing continued support and expansion of
charter schools and charter school districts; and
``(C) providing financial assistance to States and
local educational agencies for the development of local
educational agency and school report cards.'';
(3) by repealing sections 4002 through 4004 (20 U.S.C.
7102, 7104), and part A (20 U.S.C. 7111 et seq.), of title IV;
(4) by transferring part A of title V (20 U.S.C. 7201 et
seq.) (as amended by subsection (a)) to title IV and inserting
such part A after section 4001;
(5) by redesignating sections 5101 through 5113 (20 U.S.C.
7201, 7213) (as transferred by paragraph (4)) as sections 4101
through 4113, respectively, and by redesignating accordingly
the references to such sections in part A of title IV (as so
transferred);
(6) by transferring part C of title X (20 U.S.C. 8061 et
seq.) (as amended by subsection (b)) to title IV and inserting
such part C after part A of title IV (as transferred by
paragraph (4));
(7) by redesignating part C of title IV (as transferred by
paragraph (6)) as part B of title IV; and
(8) by redesignating sections 10301 through 10311 (20
U.S.C. 8061, 8067) (as transferred by paragraph (6)) as
sections 4201 through 4211, respectively, and by redesignating
accordingly the references to such sections in such part B of
title IV (as so transferred and redesignated).
SEC. 402. DEVELOPMENT OF PUBLIC SCHOOL CHOICE PROGRAMS; REPORT CARDS.
Title IV (20 U.S.C. 7101 et seq.) is further amended by adding at
the end the following:
``PART C--DEVELOPMENT OF PUBLIC SCHOOL CHOICE PROGRAMS
``SEC. 4301. GRANTS AUTHORIZED.
``(a) In General.--From amounts made available to carry out this
part for a fiscal year under section 4305, and not reserved under
subsection (b), the Secretary is authorized to award grants, on a
competitive basis, to local educational agencies to enable the local
educational agencies to develop local public school choice programs.
``(b) Reservation for Evaluation, Technical Assistance, and
Dissemination.--From the amount appropriated under section 4305 for any
fiscal year, the Secretary may reserve not more than 5 percent to carry
out evaluations under subsection (c), to provide technical assistance,
and to disseminate information.
``(c) Evaluations.--The Secretary may use funds reserved under
subsection (b) to carry out 1 or more evaluations of programs assisted
under this part, which shall, at a minimum, address--
``(1) how, and the extent to which, the programs supported
with funds under this part promote educational equity and
excellence; and
``(2) the extent to which public schools of choice
supported with funds under this part are--
``(A) held accountable to the public;
``(B) effective in improving public education; and
``(C) open and accessible to all students.
``(b) Duration.--Grants under this part may be awarded for a period
not to exceed 3 years.
``SEC. 4302. DEFINITION OF HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.
``In this part, the term `high-poverty local educational agency'
means a local educational agency in which the percentage of children,
ages 5 to 17, from families with incomes below the poverty line (as
defined by the Office of Management and Budget and revised annually in
accordance with section 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2))) applicable to a family of the size involved
for the most recent fiscal year for which satisfactory data are
available is 20 percent or greater.
``SEC. 4303. USES OF FUNDS.
``(a) In General.--
``(1) Public school choice.--Funds under this part may be
used to demonstrate, develop, implement, evaluate, and
disseminate information on innovative approaches to promote
public school choice, including the design and development of
new public school choice options, the development of new
strategies for overcoming barriers to effective public school
choice, and the design and development of public school choice
systems that promote high standards for all students and the
continuous improvement of all public schools.
``(2) Innovative approaches.--Such approaches at the
school, local educational agency, and State levels may
include--
``(A) inter-district approaches to public school
choice, including approaches that increase equal access
to high-quality educational programs and diversity in
schools;
``(B) public elementary and secondary programs that
involve partnerships with institutions of higher
education and that are located on the campuses of those
institutions;
``(C) programs that allow students in public
secondary schools to enroll in postsecondary courses
and to receive both secondary and postsecondary
academic credit;
``(D) worksite satellite schools, in which State or
local educational agencies form partnerships with
public or private employers, to create public schools
at parents' places of employment; and
``(E) approaches to school desegregation that
provide students and parents choice through strategies
other than magnet schools.
``(b) Limitations.--Funds under this part--
``(1) shall supplement, and not supplant, non-Federal funds
expended for existing public school choice programs; and
``(2) may be used for providing transportation services or
costs, except that not more than 10 percent of the funds
received under this part shall be used by the local educational
agency to provide such services or costs.
``SEC. 4304. GRANT APPLICATION; PRIORITIES.
``(a) Application Required.--A State or local educational agency
desiring to receive a grant under this part shall submit an application
to the Secretary.
``(b) Application Contents.--Each application shall include--
``(1) a description of the program for which funds are
sought and the goals for such program;
``(2) a description of how the program funded under this
part will be coordinated with, and will complement and enhance,
programs under other related Federal and non-Federal projects;
``(3) if the program includes partners, the name of each
partner and a description of the partner's responsibilities;
``(4) a description of the policies and procedures the
applicant will use to ensure--
``(A) its accountability for results, including its
goals and performance indicators; and
``(B) that the program is open and accessible to,
and will promote high academic standards for, all
students; and
``(5) such other information as the Secretary may require.
``(c) Priorities.--
``(1) High-poverty agencies.--The Secretary shall give a
priority to applications for projects that would serve high-
poverty local educational agencies.
``(2) Partnerships.--The Secretary may give a priority to
applications demonstrating that the applicant will carry out
the applicant's project in partnership with 1 or more public
and private agencies, organizations, and institutions,
including institutions of higher education and public and
private employers.
``SEC. 4305. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this part
$100,000,000 for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
``PART D--REPORT CARDS
``SEC. 4401. REPORT CARDS.
``(a) Grants Authorized.--The Secretary shall award a grant, from
allotments under subsection (b), to each State having a State report
card meeting the requirements described in subsection (g), to enable
the State annually to publish report cards for each elementary school
and secondary school that receives funding under this Act and is served
by the State.
``(b) Reservations and Allotments.--
``(1) Reservations.--From the amount appropriated under
subsection (e) to carry out this part for each fiscal year, the
Secretary shall reserve--
``(A) \1/2\ of 1 percent of such amount for
payments to the Secretary of the Interior for
activities approved by the Secretary, consistent with
this part, in schools operated or supported by the
Bureau of Indian Affairs, on the basis of their
respective needs for assistance under this part; and
``(B) \1/2\ of 1 percent of such amount for
payments to outlying areas, to be allotted in
accordance with their respective needs for assistance
under this part, as determined by the Secretary, for
activities, approved by the Secretary, consistent with
this part.
``(2) State allotments.--From the amount appropriated under
subsection (e) for a fiscal year and remaining after the
Secretary makes reservations under paragraph (1), the Secretary
shall allot to each State having a State report card meeting
the requirements described in subsection (g) an amount that
bears the same relationship to the remainder as the number of
public school students enrolled in elementary schools and
secondary schools in the State bears to the number of such
students so enrolled in all States.
``(c) Within-State Allocations.--Each State educational agency
receiving a grant under subsection (a) shall allocate the grant funds
that remain after making the reservation described in subsection (d) to
each local educational agency in the State in an amount that bears the
same relationship to the remainder as the number of public school
students enrolled in elementary schools and secondary schools served by
the local educational agency bears to the number of such students so
enrolled in all local educational agencies within the State.
``(d) State Reservation of Funds.--Each State educational agency
receiving a grant under subsection (a) may reserve--
``(1) not more than 10 percent of the grant funds to carry
out activities described under subsections (f) and (g), and
(i)(1) for fiscal year 2001; and
``(2) not more than 5 percent of the grant funds to carry
out activities described under subsections (f) and (g), and
(i)(1) for fiscal year 2002 and each of the 3 succeeding fiscal
years.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this part $5,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the 4 succeeding fiscal
years.
``(f) Annual State Report.--
``(1) Reports required.--
``(A) In general.--Except as provided in paragraph
(3), not later than the beginning of the 2001-2002
school year, a State that receives assistance under
this Act shall prepare and disseminate an annual report
on all elementary schools and secondary schools within
the State that receive funds under part A of title I or
part A of title II.
``(B) State report cards on education.--In the case
of a State that publishes State report cards on
education, the State shall include in such report cards
the information described in subsection (g).
``(C) Report cards on all public schools.--In the
case of a State that publishes a report card on all
public elementary schools and secondary schools in the
State, the State shall include, at a minimum, the
information described in subsection (g) for all schools
that receive funds under part A of title I or part A of
title II.
``(2) Implementation; requirements.--
``(A) Implementation.--The State shall ensure
implementation at all levels of the report cards
described in paragraph (1).
``(B) Requirements.--Annual report cards under this
part shall be--
``(i) concise; and
``(ii) presented in a format and manner
that parents can understand including, to the
extent practicable, in a language the parents
can understand.
``(3) Publication through other means.--In the event that
the State provides no such report card, the State shall, not
later than the beginning of the 2001-2002 school year, publicly
report the information described in subsection (g) for all
schools that receive funds under part A of title I or part A of
title II through other public means.
``(g) Content of Annual State Reports.--
``(1) Required information.--Each State described in
subsection (f)(1)(A), at a minimum, shall include in the annual
State report information on each local educational agency and
school that receives funds under part A of title I or part A of
title II within the State, including information regarding--
``(A) student performance on statewide assessments
for the year for which the annual State report is made,
and the preceding year, in at least English language
arts and mathematics, including--
``(i) a comparison of the proportions of
students who performed at the basic,
proficient, and advanced levels in each subject
area, for each grade level at which assessments
are required under title I, with proportions in
each of the same 4 levels at the same grade
levels in the previous school year;
``(ii) a statement on the 3-year trend in
the percentage of students performing at the
basic, proficient, and advanced levels in each
subject area, for each grade level for which
assessments are required under title I; and
``(iii) a statement of the percentage of
students not tested and a listing of categories
of the reasons why such students were not
tested;
``(B) student retention rates in grades, the number
of students completing advanced placement courses, and
4-year graduation rates;
``(C) the professional qualifications of teachers
in the aggregate, including the percentage of teachers
teaching with emergency or provisional credentials, the
percentage of class sections not taught by fully
qualified teachers, and the percentage of teachers who
are fully qualified; and
``(D) the professional qualifications of
paraprofessionals in the aggregate, the number of
paraprofessionals in the aggregate, and the ratio of
paraprofessionals to teachers in the classroom.
``(2) Student data.--Student data in each report shall
contain disaggregated results for the following categories:
``(A) Racial and ethnic groups.
``(B) Gender.
``(C) Economically disadvantaged students, as
compared to students who are not economically
disadvantaged.
``(D) Students with limited English proficiency, as
compared to students who are proficient in English.
``(3) Optional information.--A State may include in the
State annual report any other information the State determines
appropriate to reflect school quality and school achievement,
including by grade level information on average class size and
information on school safety, such as the incidence of school
violence and drug and alcohol abuse, and the incidence of
student suspensions and expulsions.
``(4) Waiver.--The Secretary may grant a waiver to a State
seeking a waiver of the requirements of this subsection if the
State demonstrates to the Secretary that--
``(A) the content of existing State report cards
meets the goals of this part; and
``(B) the State is taking identifiable steps to
meet the requirements of this subsection.
``(h) Local Educational Agency and School Report Cards.--
``(1) Report required.--
``(A) In general.--The State shall ensure that each
local educational agency, elementary school, or
secondary school receiving funds under part A of title
I or part A of title II in the State, collects
appropriate data and publishes an annual report card
consistent with this subsection.
``(B) Required information.--Each local educational
agency, elementary school, and secondary school
described in subparagraph (A), at a minimum, shall
include in its annual report card--
``(i) the information described in
subsections (g)(1) and (2) for each local
educational agency and school;
``(ii) in the case of a local educational
agency--
``(I) information regarding the
number and percentage of schools
identified for school improvement,
including schools identified under
section 1116 of this Act, served by the
local educational agency;
``(II) information on the 3-year
trend in the number and percentage of
elementary schools and secondary
schools identified for school
improvement; and
``(III) information that shows how
students in the schools served by the
local educational agency perform on the
statewide assessment compared to
students in the State as a whole;
``(iii) in the case of an elementary school
or a secondary school--
``(I) information regarding whether
the school has been identified for
school improvement; and
``(II) information that shows how
the school's students performed on the
statewide assessment compared to
students in schools served by the same
local educational agency and to all
students in the State; and
``(iii) other appropriate information,
whether or not the information is included in
the annual State report.
``(2) Special rule.--A local educational agency that issues
report cards for all public elementary schools and secondary
schools served by the agency shall include, at a minimum, the
information described in subsection (g) for all schools that
receive funds under part A of title I or part A of title II.
``(i) Dissemination and Accessibility of Reports and Report
Cards.--
``(1) State reports.--State annual reports under subsection
(g) shall be disseminated to all elementary schools, secondary
schools, and local educational agencies in the State, and made
broadly available to the public through means such as posting
on the Internet and distribution to the media, and through
public agencies.
``(2) Local report cards.--Local educational agency report
cards under subsection (h) shall be disseminated to all
elementary schools and secondary schools served by the local
educational agency and to all parents of students attending
such schools, and made broadly available to the public through
means such as posting on the Internet and distribution to the
media, and through public agencies.
``(3) School report cards.--Elementary school and secondary
school report cards under subsection (h) shall be disseminated
to all parents of students attending that school, and made
broadly available to the public, through means such as posting
on the Internet and distribution to the media, and through
public agencies.
``(j) Parents Right-to-Know.--
``(1) Qualifications.--A local educational agency that
receives funds part A of title I or part A of title II shall
provide, upon request, in an understandable and uniform format,
to any parent of a student attending any school receiving funds
under part A of title I or part A of title II, information
regarding the professional qualifications of the student's
classroom teachers, including, at a minimum--
``(A) whether the teacher has met State
certification or licensing criteria for the grade
levels and subject areas in which the teacher provides
instruction;
``(B) whether the teacher is teaching under
emergency or other provisional status through which
State certification or licensing criteria are waived;
``(C) the baccalaureate degree major of the
teacher, any other graduate certification or degree
held by the teacher, and the field of discipline of
each such certification or degree; and
``(D) whether the student is provided services by
paraprofessionals, and the qualifications of any such
paraprofessional.
``(2) Additional information.--In addition to the
information that parents may request under paragraph (1), and
the information provided in report cards under this part, a
school that receives funds under part A of title I or part A of
title II shall provide, to the extent practicable, to each
individual parent or guardian--
``(A) information on the level of performance of
the individual student, for whom they are the parent or
guardian, in each of the State assessments as required
under part A of title I; and
``(B) timely notice that the student, for whom they
are the parent or guardian, was assigned or taught for
2 or more consecutive weeks by a substitute teacher or
by a teacher not fully qualified.
``(k) Coordination of State Plan Content.--A State shall include in
its plan under part A of title I or part A of title II, an assurance
that the State has in effect a policy that meets the requirements of
this section.
``(l) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals.
``(m) Definition.--The term `State' means each of the several
States of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
TITLE V--IMPACT AID
SEC. 501. IMPACT AID.
(a) Section 8014 (20 U.S.C. 7714) is amended--
(1) in subsection (a)--
(A) by striking ``$16,750,000 for fiscal year 1995
and''; and
(B) by inserting ``fiscal year 2001 and'' after
``necessary for'';
(2) in subsection (b)--
(A) by striking ``$775,000,000 for fiscal year 1995
and''; and
(B) by inserting ``fiscal year 2001 and'' after
``necessary for'';
(3) in subsection (c)--
(A) by striking ``$45,000,000 for fiscal year 1995
and''; and
(B) by inserting ``fiscal year 2001 and'' after
``necessary for'';
(4) in subsection (d)--
(A) by striking ``$2,000,000 for fiscal year 1995
and''; and
(B) by inserting ``fiscal year 2001 and'' after
``necessary for'';
(5) in subsection (e)--
(A) by striking ``$25,000,000 for fiscal year 1995
and''; and
(B) by inserting ``fiscal year 2001 and'' after
``necessary for'';
(6) in subsection (f)--
(A) by striking ``$2,000,000 for fiscal year 1995
and''; and
(B) by inserting ``fiscal year 2001 and'' after
``necessary for''; and
(7) in subsection (g), by striking ``1998'' and inserting
``2001''.
(b) Repeals, Transfers, and Redesignations.--The Act (20 U.S.C.
6301 et seq.) is amended--
(1) by repealing title V (20 U.S.C. 7201 et seq.);
(2) by redesignating title VIII (20 U.S.C. 7701 et seq.)
(as amended by subsection (a)) as title V, and transferring the
title to follow title IV (as amended by section 402);
(3) by redesignating references to title VIII as references
to title V (as redesignated and transferred by paragraph (2));
and
(4) by redesignating sections 8001 through 8014 (20 U.S.C.
7701, 7714) (as transferred by paragraph (2)) as sections 5001
through 5014, respectively, and redesignating accordingly the
references to such sections.
TITLE VI--HIGH PERFORMANCE AND QUALITY EDUCATION INITIATIVES
SEC. 601. HIGH PERFORMANCE AND QUALITY EDUCATION INITIATIVES.
Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:
``TITLE VI--HIGH PERFORMANCE AND QUALITY EDUCATION INITIATIVES
``SEC. 6001. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--Congress makes the following findings:
``(1)(A) Congress embraces the view that educators most
familiar with schools, including school superintendents,
principals, teachers, and school support personnel, have a
critical role in knowing what is needed and how best to meet
the educational needs of students.
``(B) Local educational agencies should therefore have
primary responsibility for deciding how to implement funds.
``(2)(A) Since the Elementary and Secondary Education Act
was first authorized in 1965, the Federal Government has
created numerous grant programs, each of which was created to
address 1 among the myriad challenges and problems facing
education.
``(B) Only a few of the Federal grant programs established
before the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act can be tied
to significant quantitative results.
``(C) Because Federal education dollars are distributed
through a patchwork of programs, with each program having its
own set of requirements and restrictions, local educational
agencies and schools have found it difficult to leverage funds
for maximum impact.
``(D) In many cases, Federal education dollars distributed
through competitive grant programs are too diffused to provide
a true impact at the school level.
``(E) As a result of the Federal elementary and secondary
education policies in place before the date of enactment of the
Public Education Reinvestment, Reinvention, and Responsibility
Act, the focus of Federal, State, and local educational
agencies has been diverted from comprehensive student
achievement to administrative compliance.
``(3)(A) Every elementary school and secondary school
should provide a drug- and violence-free learning environment.
``(B) The widespread illegal use of alcohol and drugs among
the Nation's secondary school students, and increasingly among
elementary school students, constitutes a grave threat to
students' physical and mental well-being, and significantly
impedes the learning process.
``(C) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school
safety, youth development, and positive school outcomes, and
reduce the demand for and illegal use of alcohol, tobacco, and
drugs throughout the Nation.
``(D) Schools, local organizations, parents, students, and
communities throughout the Nation have a special responsibility
to work together to combat the continuing epidemic of violence
and illegal drug use, and should measure the success of
programs established to address this epidemic against clearly
defined goals and objectives.
``(E) Drug and violence prevention programs are most
effective when implemented within a research-based, drug and
violence prevention framework of proven effectiveness.
``(F) Substance abuse and violence are intricately related,
and must be dealt with in a holistic manner.
``(4)(A) Technology can produce far greater opportunities
for all students to meet high learning standards, promote
efficiency and effectiveness in education, and help immediately
and dramatically reform our Nation's educational system.
``(B) Because most Federal and State educational technology
programs have focused on acquiring educational technologies,
rather than emphasizing the utilization of those technologies
in the classroom and the training and infrastructure required
efficiently to support the technologies, the full potential of
educational technology has rarely been realized.
``(C) The effective use of technology in education has been
inhibited by the inability of many State educational agencies
and local educational agencies to invest in and support needed
technologies, and to obtain sufficient resources to seek expert
technical assistance in developing high-quality professional
development activities for teachers and keeping pace with the
rapid technological advances.
``(D) To remain competitive in the global economy, which is
increasingly reliant on a workforce that is comfortable with
technology and able to integrate rapid technological changes
into production processes, it is imperative that our Nation
maintain a work-ready labor force.
``(b) Policy.--Congress declares it to be the policy of the United
States--
``(1) to facilitate significant innovation in elementary
school and secondary school education programs;
``(2) to enrich the learning environment of students;
``(3) to provide a safe learning environment for all
students;
``(3) to ensure that all students are technologically
literate; and
``(4) to assist State educational agencies and local
educational agencies in building the agencies' capacity to
establish, implement, and sustain innovative programs for
public elementary and secondary school students.
``(c) Purposes.--The purposes of this title are as follows:
``(1) To provide supplementary assistance for school
improvement to elementary schools, secondary schools, and local
educational agencies--
``(A) that have been or are at risk of being
identified as being in need of improvement, as defined
in section 1116 (c) and (d), to carry out activities
(as described in such schools' or agencies' improvement
plans developed under such section) that are designed
to remedy the circumstances that caused such schools or
agencies to be identified as in need of improvement; or
``(B) to improve core content curriculum and
instructional practices and materials in core subject
areas to ensure that all students are at the proficient
standard level within 10 years of the date of enactment
of the Public Education Reinvestment, Reinvention, and
Responsibility Act.
``(2) To provide assistance to local educational agencies
and schools for innovative programs and activities that will
transform schools into 21st century opportunities for students
by--
``(A) creating a challenging learning environment
and facilitating academic enrichment through innovative
academic programs; or
``(B) providing extra learning, time, and
opportunities for students.
``(3) To provide assistance to local educational agencies,
schools, and communities to strengthen existing programs or
develop and implement new programs based on proven researched-
based strategies that create safe learning environments by--
``(A) preventing violence and other high-risk
behavior from occurring in and around schools; and
``(B) preventing the illegal use of alcohol,
tobacco, and drugs among students.
``(4) To create New Economy Technology Schools (NETs) by
providing assistance to local educational agencies and schools
for--
``(A) the acquisition, development,
interconnection, implementation, improvement, and
maintenance of an effective educational technology
infrastructure;
``(B) the acquisition and maintenance of technology
equipment and the provision of training in the use of
such equipment for teachers, school library and media
personnel, and administrators;
``(C) the acquisition or development of technology-
enhanced curricula and instructional materials that are
aligned with challenging State content and student
performance standards; and
``(D) the acquisition or development and
implementation of high-quality professional development
for teachers in the use of technology and its
integration with challenging State content and student
performance standards.
``SEC. 6002. DEFINITIONS OF STATE.
``In this title:
``(1) Authentic task.--The term `authentic task' means a
real world task that--
``(A) is challenging, meaningful,
multidisciplinary, and interactive;
``(B) involves reasoning, problem solving, and
composition; and
``(C) is not a discrete component skill that has no
obvious connection with students' activities outside of
school.
``(2) State.--The term `State' means each of the several
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 6003. PROGRAMS AUTHORIZED.
``(a) Grants Authorized.--From the amount appropriated under
section 6009 for a fiscal year, the Secretary shall award a grant to
each State educational agency having a State plan approved under
section 6005(a)(4) to enable the State educational agency to award
grants to local educational agencies in the State.
``(b) Reservations and Allotments.--
``(1) Reservations.--From the amount appropriated under
section 6009 for a fiscal year, the Secretary shall reserve--
``(A) not more than \1/2\ of 1 percent of such
amount for payments to the Bureau of Indian Affairs for
activities, approved by the Secretary, consistent with
this title;
``(B) not more than \1/2\ of 1 percent of such
amounts for payments to outlying areas, to be allotted
in accordance with their respective needs for
assistance under this title as determined by the
Secretary, for activities, approved by the Secretary,
consistent with this title; and
``(C) such sums as may be necessary to continue to
support any multiyear award made under titles III, IV,
V (part B), or X (as such titles were in effect on the
day preceding the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility
Act) until the completion of the multiyear award.
``(2) State allotments.--
``(A) In general.--From the amount appropriated
under section 6009 for a fiscal year and remaining
after the Secretary makes reservations under paragraph
(1), the Secretary shall allot to each State having a
State plan approved under section 6005(a)(4) the sum
of--
``(i) an amount that bears the same
relationship to 50 percent of the remainder as
the amount the State received under part A of
title I bears to the amount all States received
under such part; and
``(ii) an amount that bears the same
relationship to 50 percent of the remainder as
the school-age population in the State bears to
the school-age population in all States.
``(B) Data.--For the purposes of determining the
school-age population in a State and in all States, the
Secretary shall use the latest available Bureau of the
Census data.
``(c) State Minimum.--For any fiscal year, no State shall be
allotted under this section an amount that is less than 0.4 percent of
the total amount allotted to all States under subsection (b)(2).
``(d) Hold-Harmless Amounts.--For fiscal year 2001, notwithstanding
subsection (e), the amount allotted to each State under this section
shall be not less than 100 percent of the total amount the State was
allotted in formula grants under titles III, IV, and VI (as such titles
were in effect on the day preceding the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act) for the
preceding fiscal year.
``(e) Ratable Reductions.--If the sums made available under
subsection (b)(2)(A) for any fiscal year are insufficient to pay the
full amounts that all State educational agencies are eligible to
receive under that subsection for such year, the Secretary shall
ratably reduce such amounts for such year.
``SEC. 6004. WITHIN STATE ALLOCATION.
``(a) Short Title.--Each State educational agency for a State
receiving a grant award under section 6003(b)(2) shall--
``(1) set aside not more than 1 percent of the grant funds
for the cost of administering the activities under this title;
``(2) set aside not more than 4 percent of the grant funds
to--
``(A) provide for the establishment of high-
quality, internationally competitive content and
student performance standards and strategies that all
students will be expected to meet;
``(B) provide for the establishment of high-
quality, rigorous assessments that include multiple
measures and demonstrate comprehensive knowledge;
``(C) encourage and enable all State educational
agencies and local educational agencies to develop,
implement, and strengthen comprehensive education
improvement plans that address student achievement,
teacher quality, parent involvement, and reliable
measurement and evaluation methods; and
``(D) encourage and enable all States to develop
and implement value-added assessments, including model
value-added assessments identified by the Secretary
under section 7004(a)(6); and
``(3) using the remaining 95 percent of the grant funds,
make grants by allocating to each local educational agency in
the State having a local educational agency plan approved under
section 6005(b)(3) the sum of--
``(A) an amount that bears the same relationship to
50 percent of such remainder as the amount the local
educational agency received under part A of title I
bears to the amount all local educational agencies in
the State received under such part; and
``(B) an amount that bears the same relationship to
50 percent of such remainder as the school-age
population in the area served by the local educational
agency bears to the school-age population in the area
served by all local educational agencies in the State.
``(b) Matching Requirement.--
``(1) In general.--Each eligible local educational agency
receiving a grant under subsection (a) shall contribute
resources with respect to the local authorized activities to be
assisted under this title in case or in-kind from non-Federal
sources in an amount equal to 25 percent of the Federal funds
awarded under the grant.
``(2) Waiver.--A local educational agency may apply to the
State educational agency may grant a waiver of the requirements
of paragraph (1) to a local educational agency that--
``(A) applies for such a waiver; and
``(B) demonstrates extreme circumstances for being
unable to meet such requirements.
``SEC. 6005. PLANS.
``(a) State Plans.--
``(1) In general.--The State educational agency for each
State desiring a grant under this title shall submit a State
plan to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may require.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 8302.
``(3) Contents.--Each plan submitted under paragraph (1)
shall--
``(A) describe how the State educational agency
will assist each local educational agency and school
served under this title to comply with the requirements
described in section 6006 that are applicable to the
local educational agency or school;
``(B) certify that the State has in place the
standards and assessments required under section 1111;
``(C) certify that the State educational agency has
a system, as required under section 1111, for--
``(i) holding each local educational agency
and school accountable for adequate yearly
progress (as defined in section 1111(b)(2)(B));
``(ii) identifying local educational
agencies and schools that are in need of
improvement and corrective action (as required
in sections 1116 and 1117);
``(iii) assisting local educational
agencies and schools that are identified for
improvement with the development of improvement
plans; and
``(iv) providing technical assistance,
professional development, and other capacity
building as needed to get such agencies and
schools out of improvement status;
``(D) certify that the State educational agency
shall use the disaggregated results of student
assessments required under section 1111(b)(4), and
other measures or indicators available, to review
annually the progress of each local educational agency
and school served under this title to determine whether
or not each such agency and school is making adequate
yearly progress as required under section 1111;
``(E) certify that the State educational agency
will take action against a local educational agency
that is in corrective action and receiving funds under
this title as described in section 6006(d)(1);
``(F) describe what, if any, State and other
resources will be provided to local educational
agencies and schools served under this title to carry
out activities consisted with this title; and
``(G) certify that the State educational agency has
a system to hold local educational agencies accountable
for meeting the annual performance objectives required
under subsection (b)(2)(C).
``(4) Approval.--The Secretary, using a peer review
process, shall approve a State plan if the State plan meets the
requirements of this subsection.
``(5) Duration of the plan.--Each State plan shall remain
in effect for the duration of the State's participation under
this title.
``(6) Requirement.--A State shall not be eligible to
receive funds under this title unless the State has established
the standards and assessments required under section 1111.
``(b) Local Plans.--
``(1) In general.--Each local educational agency shall
annually submit a local educational agency plan to the State
educational agency at such time, in such manner, and
accompanied by such information as the State educational agency
may require.
``(2) Contents.--Each local educational agency shall--
``(A) describe the programs for which funds
allocated under section 6004(3) will be used and the
reasons for the selection of such programs;
``(B) describe the methods the local educational
agency will use to measure the annual impact of
programs described under subparagraph (A) and the
extent to which such programs will increase student
academic performance;
``(C) describe the annual, quantifiable, and
measurable performance goals and objectives for each
program described under subparagraph (A) and the extent
to which such goals and objectives are aligned with
State content and student performance standards;
``(D) describe how the local educational agency
will hold schools accountable for meeting the intended
performance objectives for each program described under
subparagraph (C);
``(E) provide an assurance that the local
educational agency has met the local plan requirements
described in section 1112 for--
``(i) holding schools accountable for
adequate yearly progress, including meeting
annual numerical goals for improving the
performance of all groups of students based on
the student performance standards set by the
State under section 1111(b)(1)(D)(ii);
``(ii) identifying schools for school
improvement or corrective action;
``(iii) fulfilling the local educational
agency's school improvement responsibilities
described in section 1116, including taking
corrective actions under section 1116(c)(10);
and
``(iv) providing technical assistance,
professional development, or other capacity
building to schools served by the agency;
``(F) certify that the local educational agency
will take action against a school that is in corrective
action and receiving funds under this title as
described under section 6006(d)(2);
``(G) describe what State and local resources will
be contributed to carrying out programs described under
subparagraph (A);
``(H) provide assurances that the local educational
agency consulted, at a minimum, with parents, school
board members, teachers, administrators, business
partners, education organizations, and community groups
to develop the local educational plan and select the
programs to be assisted under this title; and
``(J) provide assurances that the local educational
agency will continue such consultation on a regular
basis and will provide the State with annual evidence
of such consultation.
``(3) Approval.--The State, using a peer review process,
shall approve a local educational agency plan if the plan meets
the requirements of this subsection.
``(4) Duration of the plan.--Each local educational agency
plan shall remain in effect for the duration of the local
educational agency's participation under this title.
``(5) Public review.--Each State educational agency will
make publicly available each local educational agency plan
approved under paragraph (3).
``SEC. 6006. LOCAL USES OF FUNDS AND ACCOUNTABILITY.
``(a) Administrative Expenses.--Each local educational agency
receiving a grant award under section 6004(3) may use not more than 1
percent of the grant funds for any fiscal year for the cost of
administering this title.
``(b) Required Activities.--Each local educational agency receiving
a grant award under section 6004(3) shall use the grant funds pursuant
to this subsection to establish and carry out programs that are
designed to achieve, separately or cumulatively, each of the goals
described in the category areas described in paragraphs (1) through
(4).
``(1) School improvement.--Each local educational agency
shall use 30 percent of the grant funds--
``(A) in the case of a school that has been
identified as being in need of improvement under
section 1116(c), for activities or strategies that are
described in section 1116(c) that focus on removing
such school from improvement status; or
``(B) for programs that seek to raise the academic
achievement levels of all elementary school and
secondary school students based on challenging State
content and student performance standards and, to the
greatest extent possible,--
``(i) incorporate the best practices
developed from research-based methods and
practices;
``(ii) are aligned with challenging State
content and performance standards and focused
on reinforcing and boosting the core academic
skills and knowledge of students who are
struggling academically, as determined by State
assessments under section 1111(b)(4) and local
evaluations;
``(iii) focus on accelerated learning
rather than remediation, so that students will
master the high level of skills and knowledge
needed to meet the highest State standards or
to perform at high levels on all State
assessments;
``(iv) offer teachers, principals, and
administrators professional development and
technical assistance that are aligned with the
content of such programs; and
``(v) address local needs, as determined by
the local educational agency's evaluation of
school and districtwide data.
``(2) 21st century opportunities.--Each local educational
agency shall use 25 percent of the grant funds for--
``(A) programs that provide for extra learning,
time, and opportunities for students so that all
students may achieve high levels of learning and meet
the State proficient standard level within 10 years of
the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act;
``(B) programs to improve higher order thinking
skills of all students, especially disadvantaged
students;
``(C) promising innovative education reform
projects that are consistent with challenging State
content and student performance standards; or
``(D) programs that focus on ensuring that
disadvantaged students enter elementary school with the
basic skills needed to meet the highest State content
and student performance standards.
``(3) Safe learning environments.--Each local educational
agency shall use 15 percent of the grant funds for programs
that help ensure that all elementary school and secondary
school students learn in a safe and supportive environment by--
``(A) reducing drugs, violence, and other high-risk
behavior in schools;
``(B) providing safe, extended-day opportunities
for students;
``(C) providing professional development activities
for teachers, principals, mental health professionals,
and guidance counselors in dealing with students
exhibiting distress (such as substance abuse,
disruptive behavior, and suicidal behavior);
``(D) recruiting or retaining high-quality mental
health professionals;
``(E) providing character education for students;
or
``(F) meeting other objectives that are established
under State standards regarding safety or that address
local community concerns.
``(4) New economy technology schools.--
``(A) In general.--Each local educational agency
shall use 30 percent of the grant funds to establish
technology programs that will transform schools into
New Economy Technology Schools (NETs) and, to the
greatest extent possible, will--
``(i) increase student performance related
to an authentic task;
``(ii) integrate the use of technology into
activities that are a core part of classroom
curricula and are available to all students;
``(iii) emphasize how to use technology to
accomplish authentic tasks;
``(iv) provide professional development and
technical assistance to teachers so that
teachers may integrate technology into daily
teaching activities that are directly aligned
with State content and student performance
standards; and
``(v) enable the local educational agency
annually to increase the percentage of
classrooms with access to technology,
particularly in schools in which not less than
50 percent of the school-age population comes
from families with incomes below the poverty
line (as defined by the Office of Management
and Budget, and revised annually in accordance
with section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))) applicable
to a family of the size involved.
``(B) Limitation.--Each local educational agency
shall use not more than 50 percent of the grant funds
described in subparagraph (A) to purchase, upgrade, or
retrofit computer hardware in schools in which not less
than 50 percent of the school-age population comes from
families at or below the poverty line, as defined in
subparagraph (A)(v).
``(c) Transfer of Funds.--Notwithstanding subsection (b)--
``(1) a local educational agency that meets adequate yearly
progress requirements for student performance, as established
by the State educational agency under section 1111, may
allocate, at the local educational agency's discretion, not
more than 30 percent of the grant funds received under section
6004(3) among the 4 funding categories described in subsection
(b);
``(2) a local educational agency that exceeds the adequate
yearly progress requirements described in paragraph (1) by a
significant amount, as determined by the State educational
agency, may allocate, at the local educational agency's
discretion, not more than 50 percent of the grant funds
received under section 6004(3) among the 4 funding categories
described in subsection (b); and
``(3) a local educational agency that is identified as in
need of improvement, as defined under section 1117, may apply
not more than 25 percent of the grant funds described in
subsection (b) (2), (3), or (4) to school improvement
activities described in subsection (b)(1).
``(d) Limitations for Schools and Local Educational Agencies in
Corrective Action.--
``(1) Local educational agencies in corrective action.--If
a local educational agency is identified for corrective action
under section 1116(d), the State educational agency shall--
``(A) notwithstanding any other provision of law,
specify how the local educational agency shall spend
the grant funds in order to focus the local educational
agency on activities that will be the most effective in
raising student performance levels; and
``(B) implement corrective action in accordance
with the provisions for corrective action described in
section 1116(d).
``(2) Schools in corrective action.--If a school is
identified for corrective action under section 1116(c), the
local educational agency shall--
``(A) specify how the school shall spend grant
funds received under this section in order to focus on
activities that will be the most effective in raising
student performance levels; and
``(B) implement corrective action in accordance
with the provisions for corrective action described in
section 1116(c)(10).
``(3) Duration.--Limitations imposed on schools and local
educational agencies in corrective action under paragraphs (1)
and (2) shall remain in effect until such time as the school or
local educational agency has made sufficient improvement, as
determined by the State educational agency, and is no longer in
corrective action.
``SEC. 6007. STATE AND LOCAL RESPONSIBILITIES.
``(a) Data Review.--
``(1) State and local review.--A State educational agency
shall jointly review with a local educational agency described
in section 6006(d)(1) the local educational agency's data
gathered from student assessments and other measures required
under section 1111(b)(4), in order to determine how the local
educational agency shall spend the grant funds pursuant to
section 6006(d)(1)(A) in order to substantially increase
student performance levels.
``(1) School and local review.--A local educational agency
shall jointly review with a school described in section
6006(d)(2) the school's data gathered from student assessments
and other measures required under section 1111(b)(4), in order
to determine how the school shall spend grant funds pursuant to
section 6006(d)(2) in order to substantially increase student
performance levels.
``(b) Technical Assistance.--
``(1) State assistance.--
``(A) A State educational agency shall provide,
upon request by a local educational agency receiving
grant funds under this title, technical assistance to
the local educational agency and schools served by the
local educational agency, including assistance in
analyzing student performance and the impact of
programs assisted under this title and identifying the
best instructional strategies and methods for carrying
out such programs.
``(B) State assistance may be provided by--
``(i) the State educational agency; or
``(ii) with the local educational agency's
approval, by an institution of higher
education, a private not-for-profit or for-
profit organization, an educational service
agency, the recipient of a Federal contract or
cooperative agreement as described in section
7005, a nontraditional entity such as a
corporation or consulting firm, or any other
entity with experience in the program area for
which the assistance is being sought.
``(2) Local assistance.--
``(A) A local educational agency shall provide,
upon request by an elementary school or secondary
school served by the agency, technical assistance to
such school, including assistance in analyzing student
performance and the impact of programs assisted under
this title, and identifying the best instructional
strategies and methods for carrying out such programs.
``(B) Local assistance may be provided by--
``(i) the State educational agency or local
educational agency; or
``(ii) with the school's approval, by an
institution of higher education, a private not-
for-profit or for-profit organization, an
educational service agency, the recipient of a
Federal contract or cooperative agreement as
described in section 7005, a nontraditional
entity such as a corporation or consulting
firm, or any other entity with experience in
the program area for which the assistance is
being sought.
``SEC. 6008. LOCAL REPORTS.
``Each local educational agency receiving funds under this title
shall annually publish and disseminate to the public in a format and,
to the extent practicable, in a language that parents can understand, a
report on--
``(1) information describing the use of funds in the 4
category areas described in section 6006(b);
``(2) the impact of such programs and an assessment of such
programs' effectiveness; and
``(3) the local educational agency's progress toward
attaining the goals and objectives described under section
6005(b), and the extent to which programs assisted under this
title have increased student achievement.
``SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$2,700,000,000 for fiscal year 2001, and such sums as may be necessary
for each of the 4 succeeding fiscal years.''.
TITLE VII--ACCOUNTABILITY
SEC. 701. ACCOUNTABILITY.
Title VII of the Act (20 U.S.C. 7401 et seq.) is amended to read as
follows:
``TITLE VII--ACCOUNTABILITY
``SEC. 7001. SANCTIONS.
``(a) Third Fiscal Year.--If performance objectives established
under a covered provision have not been met by a State receiving grant
funds under such provision by the end of the third fiscal year for
which the State receives such grant funds, the Secretary shall reduce
by 50 percent the amount the State is entitled to receive for
administrative expenses under such provision.
``(b) Fourth Fiscal Year.--If the State fails to meet the
performance objectives established under a covered provision by the end
of the fourth fiscal year for which the State receives grant funds
under the covered provision, the Secretary shall reduce the total
amount the State receives under title VI by 30 percent.
``(c) Duration.--If the Secretary determines, under subsection (a)
or (b), that a State failed to meet the performance objectives
established under a covered provision for a fiscal year, the Secretary
shall reduce grant funds in accordance with subsection (a) or (b) for
the State for each subsequent fiscal year until the State demonstrates
that the State met the performance objectives for the fiscal year
preceding the demonstration.
``(d) Technical Assistance.--The Secretary shall provide technical
assistance, if sought, to a State subjected to sanctions under
subsection (a) or (b).
``(e) Local Sanctions.--
``(1) In general.--Each State receiving assistance under
title I, II, III, or VI shall develop a system to hold local
educational agencies accountable for meeting--
``(A) the performance objectives established under
part A of title II, part A of title III, and title VI;
and
``(B) the adequate yearly progress requirements
established under part A of title I, and required under
part A of title III and title VI.
``(2) Sanctions.--A system developed under paragraph (c)
shall include a mechanism for sanctioning local educational
agencies for low performance with regard to failure to meet
such performance objectives and adequate yearly progress
levels.
``(f) Definitions.--In this section:
``(1) Covered provision.--The term `covered provision'
means part A of title I, part A of title II, part A of title
III, and section 6005(b)(2)(C).
``(2) Performance objectives.--The term `performance
objectives' means in the case of--
``(A) part A of title I, the adequate yearly
progress levels established under subsections
(b)(2)(A)(iii) and (b)(2)(B) of section 1111;
``(B) part A of title II, the set of performance
objectives established in section 2014;
``(C) part A of title III, the set of performance
objectives established in section 3109; and
``(D) title VI, the set of performance objectives
set by each local educational agency in section
6005(b)(2)(C).
``SEC. 7002. REWARDING HIGH PERFORMANCE.
``(a) State Rewards.--
``(1) In general.--From amounts appropriated under
subsection (d), and from amounts made available as a result of
reductions under section 7001, the Secretary shall make awards
to States that--
``(A) for 3 consecutive years have--
``(i) exceeded the States' performance
objectives established for any title under this
Act;
``(ii) exceeded their adequate yearly
progress levels established in section 1111(b);
``(iii) significantly narrowed the gaps
between minority and non-minority students, and
between economically disadvantaged and non-
economically disadvantaged students;
``(iv) raised all students to the
proficient standard level prior to 10 years
from the date of enactment of the Public
Education Reinvention, Reinvestment, and
Responsibility Act; or
``(v) significantly increased the
percentage of core classes being taught by
fully qualified teachers teaching in schools
receiving funds under part A of title I; or
``(B) by not later than fiscal year 2003, ensure
that all teachers teaching in the States' public
elementary schools and secondary schools are fully
qualified.
``(2) State use of funds.--
``(A) Demonstration sites.--Each State receiving an
award under paragraph (1) shall use a portion of the
award that is not distributed under subsection (b) to
establish demonstration sites with respect to high-
performing schools (based on achievement or performance
levels) objectives and adequate yearly progress in
order to help low-performing schools.
``(B) Improvement of performance.--Each State
receiving an award under paragraph (1) shall use the
portion of the award that is not used pursuant to
subparagraph (A) or (C) and is not distributed under
subsection (b) for the purpose of improving the level
of performance of all elementary and secondary school
students in the State, based on State content and
performance standards.
``(C) Reservation for administrative expenses.--
Each State receiving an award under paragraph (1) may
set aside not more than \1/2\ of 1 percent of the award
for the planning and administrative costs of carrying
out this section, including the costs of distributing
awards to local educational agencies.
``(b) Local Educational Agency Awards.--
``(1) In general.--Each State receiving an award under
subsection (a)(1) shall distribute 80 percent of the award
funds to local educational agencies in the State that--
``(A) for 3 consecutive years have--
``(i) exceeded the State-established local
educational agency performance objectives
established for any title under this Act;
``(ii) exceeded the adequate yearly
progress level established under section
1111(b)(2);
``(iii) significantly narrowed the gaps
between minority and nonminority students, and
between economically disadvantaged and
noneconomically disadvantaged students;
``(iv) raised all students enrolled in
schools within the local educational agency to
the proficient standard level prior to 10 years
from the date of enactment of the Public
Education Reinvestment, Reinvention, and
Responsibility Act; or
``(v) significantly increased the
percentage of core classes being taught by
fully qualified teachers teaching in schools
receiving funds under part A of title I; or
``(B) not later than December 31, 2003, ensured
that all teachers teaching in the elementary schools
and secondary schools served by the local educational
agencies are fully qualified; or
``(C) have attained consistently high achievement
in another area that the State deems appropriate to
reward.
``(2) School-based performance awards.--A local educational
agency may use funds made available under paragraph (1) for
activities such as school-based performance awards.
``(3) Reservation for administrative expenses.--Each local
educational agency receiving an award under paragraph (1) may
set aside not more than \1/2\ of 1 percent of the award for the
planning and administrative costs of carrying out this section,
including the costs of distributing awards to eligible
elementary schools and secondary schools, teachers, and
principals.
``(c) School Rewards.--Each local educational agency receiving an
award under subsection (b) shall consult with teachers and principals
to develop a reward system, and shall use the award funds--
``(1) to reward individual schools that demonstrate high
performance with respect to--
``(A) increasing the academic achievement of all
students;
``(B) narrowing the academic achievement gap
described in section 1111(b)(2)(B)(vii);
``(C) improving teacher quality;
``(D) increasing high-quality professional
development for teachers, principals, and
administrators; or
``(E) improving the English proficiency of limited
English proficient students;
``(2) to reward collaborative teams of teachers, or teams
of teachers and principals, that--
``(A) significantly increase the annual performance
of low-performing students; or
``(B) significantly improve in a fiscal year the
English proficiency of limited English proficient
students;
``(3) to reward principals who successfully raise the
performance of a substantial number of low-performing students
to high academic levels;
``(4) to develop or implement school district-wide programs
or policies to increase the level of student performance on
State assessments that are aligned with State content
standards; and
``(5) to reward schools for consistently high achievement
in another area that the local educational agency deems
appropriate to reward.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $200,000,000 for fiscal year
2001, and such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(e) Definition.--The term `low-performing student' means students
who are below the basic State standard level.
``SEC. 7003. SUPPLEMENT NOT SUPPLANT.
``A State educational agency and local educational agency shall use
funds under this title to supplement, and, not supplant, Federal,
State, and local funds that, in the absence of funds under this title,
would otherwise be spent for activities of the type described in
section 7002.
``SEC. 7004. SECRETARY'S ACTIVITIES.
``(a) In General.--Notwithstanding any other provision of this Act,
from amounts appropriated under subsection (b) and not reserved under
subsection (c), the Secretary may--
``(1) support activities of the National Board for
Professional Teaching Standards;
``(2) study and disseminate information regarding model
programs assisted under this Act;
``(3) provide training and technical assistance to States,
local educational agencies, elementary schools and secondary
schools, Indian tribes, and other recipients of grant funds
under this Act that are carrying out activities assisted under
this Act, including entering into contracts or cooperative
agreements with public or private nonprofit entities or
consortia of such entities, in order to provide comprehensive
training and technical assistance related to the administration
and implementation of activities assisted under this Act;
``(4) support activities that will promote systemic
education reform at the State and local levels;
``(5) award grants or contracts to public or private
nonprofit entities to enable the entities--
``(A) to develop and disseminate exemplary reading,
mathematics, science, and technology educational
practices, and instructional materials to States, local
educational agencies, and elementary schools and
secondary schools; and
``(B) to provide technical assistance for the
implementation of teaching methods and assessment tools
for use by elementary schools and secondary school
students, teachers, and administrators;
``(6) disseminate information on models of value-added
assessments;
``(7) award a grant or contract to a public or private
nonprofit entity or consortium of such entities for the
development and dissemination of exemplary programs and
curricula for accelerated and advanced learning for all
students, including gifted and talented students;
``(8) award a grant or contract with Reading Is
Fundamental, Inc. and other public or private nonprofit
entities to support and promote programs which include the
distribution of inexpensive books to students and literacy
activities that motivate children to read; and
``(9) provide assistance to States--
``(A) by assisting in the development of English
language development standards and high-quality
assessments, if requested by a State participating in
activities under subtitle A of title III; and
``(B) by developing native language tests for
limited English proficient students that a State may
administer to such students to assess student
achievement in at least reading, science, and
mathematics, consistent with section 1111.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $150,000,000 for fiscal year
2001, and such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(c) Reservation.--From the amounts appropriated under subsection
(b) the Secretary shall reserve $10,000,000 for the purposes of
carrying out activities under section 1202(c).''.
TITLE VIII--GENERAL PROVISIONS AND REPEALS
SEC. 801. REPEALS, TRANSFERS, AND REDESIGNATIONS REGARDING TITLES VIII
AND XIV.
(a) In General.--The Act (20 U.S.C. 6301 et seq.) is amended--
(1) by inserting after title VII the following:
``TITLE VIII--GENERAL PROVISIONS'';
(2) by repealing sections 14514 and 14603 (20 U.S.C. 8904,
8923);
(3)(A) by transferring title XIV (20 U.S.C. 8801 et seq.)
to title VIII and inserting such title after the title heading
for title VIII; and
(B) by striking the title heading for title XIV;
(4)(A) by redesignating part H of title VIII (as
redesignated by paragraph (3)) as part I of title VIII; and
(B) by redesignating the references to part H of title VIII
as references to part I of title VIII;
(5) by inserting after part G of title VIII the following:
``PART H--SUPPLEMENT, NOT SUPPLANT
``SEC. 8801. SUPPLEMENT, NOT SUPPLANT.
``A State educational agency or local educational agency shall use
funds received under the Act to supplement, and not supplant, State and
local funds that, in the absence of funds under this Act, would
otherwise be spent for activities under this Act.'';
(6) by redesignating the references to title XIV as
references to title VIII;
(7)(A) by redesignating sections 14101 through 14103 (20
U.S.C. 8801, 8803) (as transferred by paragraph (3)) as
sections 8101 through 8103, respectively; and
(B) by redesignating the references to such sections 14101
through 14103 as references to sections 8101 through 8103,
respectively;
(8)(A) by redesignating sections 14201 through 14206 (20
U.S.C. 8821, 8826) (as transferred by paragraph (3)) as
sections 8201 through 8206, respectively; and
(B) by redesignating the references to such sections 14201
through 14206 as references to sections 8201 through 8206,
respectively;
(9)(A) by redesignating sections 14301 through 14307 (20
U.S.C. 8851, 8857) (as transferred by paragraph (3)) as
sections 8301 through 8307, respectively; and
(B) by redesignating the references to such sections 14301
through 14307 as references to sections 8301 through 8307,
respectively;
(10)(A) by redesignating section 14401 (20 U.S.C. 8881) (as
transferred by paragraph (3)) as section 8401; and
(B) by redesignating the references to such section 14401
as references to section 8401;
(11)(A) by redesignating sections 14501 through 14513 (20
U.S.C. 8891, 8903) (as transferred by paragraph (3)) as
sections 8501 through 8513, respectively; and
(B) by redesignating the references to such sections 14501
through 14513 as references to sections 8501 through 8513,
respectively;
(12)(A) by redesignating sections 14601 and 14602 (20
U.S.C. 8921, 8922) (as transferred by paragraph (3)) as
sections 8601 and 8602, respectively; and
(B) by redesignating the references to such sections 14601
and 14602 as references to sections 8601 and 8602,
respectively;
(13)(A) by redesignating section 14701 (20 U.S.C. 8941) (as
transferred by paragraph (3)) as section 8701; and
(B) by redesignating the references to such section 14701
as references to section 8701; and
(14)(A) by redesignating sections 14801 and 14802 (20
U.S.C. 8961, 8962) (as transferred by paragraph (3)) as
sections 8901 and 8902, respectively; and
(B) by redesignating the references to such sections 14801
and 14802 as references to sections 8901 and 8902,
respectively.
(b) Amendments.--Title VIII (as so transferred and redesignated) is
amended--
(1) in section 8101(10) (as redesignated by subsection
(a)(7))--
(A) by striking subparagraphs (C) through (F); and
(B) by adding after subparagraph (B) the following:
``(C) part A of title II;
``(D) part A of title III; and
``(E) title IV.'';
(2) in section 8102 (as redesignated by subsection (a)(7)),
by striking ``VIII'' and inserting ``V'';
(3) in section 8201 (as redesignated by subsection
(a)(8))--
(A) in subsection (a)(2), by striking ``, and
administrative funds under section 308(c) of the Goals
2000: Educate America Act''; and
(B) by striking subsection (f);
(4) in section 8203(b) (as redesignated by subsection
(a)(8)), by striking ``Improving America's Schools Act of
1994'' and inserting ``Public Education Reinvestment,
Reinvention, and Responsibility Act'';
(5) in section 8204 (as redesignated by subsection
(a)(8))--
(A) by striking subsection (b); and
(B) in subsection (a)--
(i) in paragraph (2)--
(I) in the matter preceding
subparagraph (A), by striking ``1995''
and inserting ``2001'';
(II) in subparagraph (B), by
inserting ``professional development,''
after ``curriculum development,''; and
(ii) in paragraph (4)--
(I) by striking ``and section
410(b) of the Improving America's
Schools Act of 1994''; and
(II) by striking ``paragraph (2)''
and inserting ``subsection (a)(2)'';
(III) by striking the following:
``(4) Results.--'' and inserting the following:
``(b) Results.--'';
(IV) by striking the following:
``(A) develop'' and inserting the following:
``(1) develop''; and
(V) by striking the following:
``(B) within'' and inserting the following:
``(2) within'';
(6) in section 8205(a)(1) (as redesignated by subsection
(a)(8)), by striking ``part A of title IX'' and inserting
``part B of title III'';
(7) in section 8206 (as redesignated by subsection
(a)(8))--
(A) by striking ``(a) Unneeded Program Funds.--'';
and
(B) by striking subsection (b);
(8) in section 8302(a)(2) (as redesignated by subsection
(a)(9))--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) and (E) as
subparagraphs (C) and (D), respectively;
(9) in section 8304(b) (as redesignated by subsection
(a)(9)), by striking ``Improving America's Schools Act of
1994'' and inserting ``Public Education Reinvestment,
Reinvention, and Responsibility Act'';
(10) in section 8401 (as redesignated by subsection
(a)(10))--
(A) in subsection (a), by striking ``Except as
provided in subsection (c),'' and inserting
``Notwithstanding any other provision regarding waivers
in this Act and except as provided in subsection
(c),''; and
(B) in subsection (c)(8), by striking ``part C of
title X'' and inserting ``part B of title IV'';
(11) in section 8502 (as redesignated by subsection
(a)(11)), by striking ``VIII'' and inserting ``V'';
(12) in section 8503(b)(1) (as redesignated by subsection
(a)(11))--
(A) by striking subparagraphs (B) through (E);
(B) by redesignating subparagraph (A) as
subparagraph (B);
(C) by inserting before subparagraph (B) the
following:
``(A) part A of title I;''; and
(D) by adding at the end the following:
``(C) title II;
``(D) title III;
``(E) title VI.''; and
(13) in section 8506(d) (as redesignated by subsection
(a)(11)), by striking ``Improving America's Schools Act of
1994'' and inserting ``Public Education Reinvestment,
Reinvention, and Responsibility Act'';
(14) in section 8513 (as redesignated by subsection
(a)(11)), by striking ``Improving America's Schools Act of
1994'' each place it appears and inserting ``Public Education
Reinvestment, Reinvention, and Responsibility Act'';
(15) in section 8601 (as redesignated by subsection
(a)(12))--
(A) in subsection (b)(3)--
(i) in subparagraph (A), by striking
``Improving America's Schools Act of 1994'' and
inserting ``Public Education Reinvestment,
Reinvention, and Responsibility Act''; and
(ii) in subparagraph (B), by striking
``Improving America's Schools Act'' and
inserting ``Public Education Reinvestment,
Reinvention, and Responsibility Act''; and
(B) in subsection (f), by striking ``Improving
America's Schools Act of 1994'' and inserting ``Public
Education Reinvestment, Reinvention, and Responsibility
Act''; and
(16) in section 8701(b) (as redesignated by subsection
(a)(13))--
(A) in paragraph (1)--
(i) in subparagraph (B)--
(I) in clause (i), by striking
``Improving America's Schools Act of
1994'' and inserting ``Public Education
Reinvestment, Reinvention, and
Responsibility Act'';
(II) in clause (ii), by striking
``such as the initiatives under the
Goals 2000: Educate America Act, and''
and inserting ``under''; and
(III) in clause (v), by striking
``, the Advisory Council on Education
Statistics, and the National Education
Goals Panel'' and inserting ``and the
Advisory Council on Education
Statistics''; and
(ii) in subparagraph (C)(ii), by striking
``the School-to-Work Opportunities Act of 1994,
and the Goals 2000: Educate America Act'' and
inserting ``and the School-to-Work
Opportunities Act of 1994''; and
(B) in paragraph (3), by striking ``1998'' and
inserting ``2004''.
SEC. 802. OTHER REPEALS.
Titles V, X, XI, XII, and XIII (20 U.S.C. 7201 et seq., 8001 et
seq., 8401 et seq., 8501 et seq., 8601 et seq.) and the Goals 2000:
Educate America Act (20 U.S.C. 5801 et seq.) are repealed.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1512-1515)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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