Revises and renames ESEA title I as Student Performance (currently Helping Disadvantaged Children Meet High Standards), reauthorizing appropriations for specified programs.
Requires the provision of public school choice for families of students attending certain schools deemed to be in need of corrective action.
Establishes a Comprehensive School Reform program and a Rural Education Development Initiative.
Revises and renames ESEA title II as Teacher and Principal Quality, Professional Development, and Class Size.
Establishes a new ESEA title III, Language Minority Students and Indian, Native Hawaiian, and Alaska Native Education, which combines and revises provisions of current titles VII and IX.
Redesignates, reauthorizes, and revises the current title III as title X, Technology for Education.
Transfers to a new title III subtitle B the Emergency Immigration Education Program.
Establishes a new ESEA title IV, Public School Choice, and authorizes a new public school choice program. Extends the authorization of appropriations for Magnet Schools Assistance and Public Charter Schools.
Sets forth a new title IV part D, Report Cards. Directs the Secretary to make grants to qualifying States to publish report cards for each elementary and secondary school receiving ESEA funding.
Transfers ESEA Impact Aid provisions from title VIII to a new title V, eliminating certain current title V programs.
Establishes a new title VI, High Performance and Quality Education Initiatives for grants to State education agencies to award subgrants to local education agencies for: (1) school improvement; (2) 21st Century Opportunities programs; (3) safe learning environments; and (4) New Economy Technology Schools.
Establishes a new ESEA title VII, Accountability. Requires certain sanctions if performance objectives have not been met by a State receiving grant funds. 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 met or exceeded certain objectives.
Repeals the Goals 2000: Educate America Act.
Technology for Education Act of 2000 (sic) - Redesignates, reauthorizes, and revises the current title III as title X, Technology for Education.
Safe and Drug-Free Schools and Communities Act of 2000 (sic) - Redesignates, reauthorizes and revises the current title IV as title XI, Safe and Drug-Free Schools and Communities.
Jacob K. Javits Gifted and Talented Students Education Act of 2000 (sic) - Extends the authorization of appropriations for title XII part B, Gifted and Talented Children programs.
21st Century Community Learning Centers Act - Extends the authorization of appropriations for title XII part H, 21st Century Community Learning Centers.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1614 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1614
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2001
Mr. Hoeffel (for himself and Mr. Maloney of Connecticut) introduced the
following bill; which was referred to the Committee on Education and
the Workforce
_______________________________________________________________________
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 ``Education Reform
Act''.
(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. 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.
TITLE IX--TECHNOLOGY FOR EDUCATION
Sec. 901. Technology for education.
TITLE X--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
Sec. 1001. Safe and drug-free schools and communities.
TITLE XI--PROGRAMS OF NATIONAL SIGNIFICANCE
Sec. 1101. Programs of national significance.
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) provide Federal support to vital national priorities,
including compensatory education for disadvantaged children and
youth, teacher quality and professional development, programs
for limited English proficient students, 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 2002 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 2002 and $5,000,000 for fiscal year 2003.
``(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 2002 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 2002 and 2003, and 3.5
percent of that amount for fiscal years 2004 through 2006, 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 Education Reform 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 80 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 80 percent of the schools served by the
local educational agency shall meet the State's
criteria for adequate yearly progress, except that this
subparagraph shall not apply to a local educational
agency that serves 5 or fewer schools.
``(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 80 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 2001-2002 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 2001-2002 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,
2006; 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 Education Reform 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 Education Reform 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 Education Reform
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 Education Reform 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
Education Reform Act.
``(4) Public review.--Each State educational agency will
make publicly available each local educational agency plan.''.
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 ``Education
Reform 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 ``Education Reform 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 Education
Reform 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 Education Reform 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 Education Reform 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 Education
Reform 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 Education Reform 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 Education Reform 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
Education Reform 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 conditionally approve 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 Education Reform 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 Education Reform 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 Education Reform 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 Education Reform 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
an 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 Education Reform 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, 2006. 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, 2004, 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 or local 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,
within 6 years after the date of enactment of the Education Reform 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;
``(G) to provide assistance with extra curricular
activities which are noninstructional; or
``(H) assist with instructional services to
students.
``(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 shall use such funds to support ongoing training and
professional development to assist teachers and
paraprofessionals in satisfying the requirements of this
section.
``(2) Training.--Such training and professional development
for paraprofessionals shall--
``(1) include training that is related directly to skills
and knowledge required to meet responsibilities that a
paraprofessional may be assigned;
``(2) provide paraprofessionals the opportunity to
undertake a minimum of 15 hours of ongoing job related training
per year; and
``(3) integrate training provided paraprofessionals with
professional development activities for 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, 2003; 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, paraprofessionals,
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 2001
and 2002, 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 Education Reform 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 2002 through 2006
(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
Education Reform 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 Education Reform Act) for
fiscal year 2000, 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
Education Reform Act) for fiscal year 2000; 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 Education Reform Act) for
fiscal year 2000, 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 Education Reform Act) for fiscal year 2000, 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 2002 and 2003, 96.5 percent shall be allocated by the
State educational agency to local educational agencies, and for each of
fiscal years 2004 through 2006, 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 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 2001, 75.0 percent;
``(ii) for fiscal year 2002, 77.5 percent;
``(iii) for fiscal year 2003, 80.0 percent;
``(iv) for fiscal year 2004, 82.5 percent;
and
``(v) for fiscal year 2005, 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 2002, 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
Education Reform 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) 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 2002 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
Education Reform 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 2002, 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 Education Reform 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 2002.--For fiscal year 2002,
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 Education Reform Act)
for fiscal year 2001.
``(2) Fiscal year 2003.--For fiscal year 2003,
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 2002.
``(3) Fiscal years 2004-2006.--For each of fiscal years
2004 through 2006, 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 new 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, 2006.
``(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) 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, 2006, 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, 2005, 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
2001 through 2004.
``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
$1,700,000,000 for fiscal year 2002 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
Education Reform 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 at 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 100 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 Education Reform 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 Education Reform 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 $620,000,000 for fiscal year 2002, 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 2002 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 Education
Reform 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 2002 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
``Education Reform 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 2002, 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 2002, 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 2002, 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 2002, 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 2002, 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 2002, 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 2002, 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 2002, 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 2002, 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 2002, 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 ``2002''.
(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 2002 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 2002; 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 2002 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 2002-2003
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 under 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 2002 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 2002 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 2002 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 2002 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 2002 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 2002 and'' after
``necessary for''; and
(7) in subsection (g), by striking ``1998'' and inserting
``2002''.
(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. 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. 6002. 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 Education
Reform 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
Education Reform 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. 6003. 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. 6004. 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 consistent 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
``(I) 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. 6005. 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 that
receives a grant award under this title shall use grant funds remaining
after the reservation under paragraph (a) in accordance with its local
plan submitted under section 6004(b).
``(c) 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. 6006. 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. 6007. 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. 6008. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$1,000,000,000 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 Education
Reform 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 Education
Reform 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
2002, 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 ``Education Reform 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 ``Education Reform 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 ``Education Reform 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 ``Education Reform
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 ``Education Reform Act''; and
(ii) in subparagraph (B), by striking
``Improving America's Schools Act'' and
inserting ``Education Reform Act''; and
(B) in subsection (f), by striking ``Improving
America's Schools Act of 1994'' and inserting
``Education Reform 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 ``Education Reform
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 and XIII (20 U.S.C. 7201 et seq., and 8601 et seq.) and
the Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.) are
repealed.
TITLE IX--TECHNOLOGY FOR EDUCATION
SEC. 901. TECHNOLOGY FOR EDUCATION.
Title X (20 U.S.C. 8001 et seq.) is amended to read as follows:
``SEC. 10101. SHORT TITLE.
``This title may be cited as the `Technology for Education Act of
2000'.
``PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS
``SEC. 10111. FINDINGS.
``The Congress finds that--
``(1) technology can produce far greater opportunities for
all students to learn to high standards, promote efficiency and
effectiveness in education, and help propel our Nation's school
systems into very immediate and dramatic reform, without which
our Nation will not meet the National Education Goals by the
target year 2000;
``(2) the use of technology as a tool in the teaching and
learning process is essential to the development and
maintenance of a technologically literate citizenry and an
internationally competitive workforce;
``(3) the acquisition and use of technology in education
throughout the United States has been inhibited by--
``(A) the absence of Federal leadership;
``(B) the inability of many State and local
educational agencies to invest in and support needed
technologies;
``(C) the limited exposure of students and teachers
to the power of technology as a cost-effective tool to
improve student learning and achievement;
``(D) the lack of appropriate electrical and
telephone connections in the classroom; and
``(E) the limited availability of appropriate
technology-enhanced curriculum, instruction,
professional development, and administrative support
resources and services in the educational marketplace;
``(4) policies at the Federal, State, and local levels
concerning technology in education must address disparities in
the availability of technology to different groups of students,
give priority to serving students in greatest need, and
recognize that educational telecommunications and technology
can address educational equalization concerns and school
restructuring needs by providing universal access to high-
quality teaching and programs, particularly in urban and rural
areas;
``(5) the increasing use of new technologies and
telecommunications systems in business has increased the gap
between schooling and work force preparation, and underscores
the need for technology policies at the Federal, State, tribal,
and local levels that address preparation for school-to-work
transitions;
``(6) technology can enhance the ongoing professional
development of teachers and administrators by providing
constant access to updated research in teaching and learning by
means of telecommunications, and, through exposure to
technology advancements, keep teachers and administrators
excited and knowledgeable about unfolding opportunities for the
classroom;
``(7) planned and creative uses of technology, combined
with teachers adequately trained in the use of technology, can
reshape our Nation's traditional method of providing education
and empower teachers to create an environment in which students
are challenged through rigorous, rich classroom instruction
provided at a pace suited to each student's learning style, and
in which students have increased opportunities to develop
higher order thinking and technical skills;
``(8) schools need new ways of financing the acquisition
and maintenance of educational technology;
``(9) the needs for educational technology differ from
State to State;
``(10) technology can provide students, parents, teachers,
other education professionals, communities, and industry with
increased opportunities for partnerships and with increased
access to information, instruction, and educational services in
schools and other settings, including homes, libraries,
preschool and child-care facilities, adult and family education
programs, and postsecondary institutions;
``(11) the Department, consistent with the overall national
technology policy established by the President, must assume a
vital leadership and coordinating role in developing the
national vision and strategy to infuse advanced technology
throughout all educational programs;
``(12) Federal support can ease the burden at the State and
local levels by enabling the acquisition of advanced technology
and initiating the development of teacher training and support
as well as new educational products;
``(13) leadership at the Federal level should consider
guidelines to ensure that educational technology is accessible
to all users with maximum interoperability nationwide;
``(14) the rapidly changing nature of technology requires
coordination and flexibility in Federal leadership; and
``(15) technology has the potential to assist and support
the improvement of teaching and learning in schools and other
settings.
``SEC. 10112. STATEMENT OF PURPOSE.
``The purpose of this part is to support a comprehensive system for
the acquisition and use by elementary and secondary schools in the
United States of technology and technology-enhanced curricula,
instruction, and administrative support resources and services to
improve the delivery of educational services. Such system shall
include--
``(1) national leadership with respect to the need for, and
the provision of, appropriate technology-enhanced curriculum,
instruction, and administrative programs to improve learning in
the United States, and to promote equal access for all students
to educational opportunities in order to achieve the National
Education Goals by the year 2000;
``(2) funding mechanisms which will support the
development, interconnection, implementation, improvement, and
maintenance of an effective educational technology
infrastructure, including activities undertaken by State and
local educational agencies to promote and provide equipment,
training for teachers and school library and media personnel,
and technical support;
``(3) support for technical assistance, professional
development, information and resource dissemination, in order
to help States, local educational agencies, teachers, school
library and media personnel, and administrators successfully
integrate technology into kindergarten through 12th grade
classrooms and library media centers;
``(4) support for the development of educational and
instructional programming in core subject areas, which shall
address the National Education Goals;
``(5) strengthening and building upon, but not duplicating,
existing telecommunications infrastructures dedicated to
educational purposes;
``(6) development and evaluation of new and emerging
educational technologies, telecommunications networks, and
state-of-the-art educational technology products that promote
the use of advanced technologies in the classroom and school
library media center;
``(7) assessment data regarding state-of-the-art uses of
technologies in United States education upon which commercial
and noncommercial telecommunications entities, and governments
can rely for decisionmaking about the need for, and provision
of, appropriate technologies for education in the United
States;
``(8) ensuring that uses of educational technology are
consistent with the overall national technology policy
established by the President, and ensuring that Federal
technology-related policies and programs will facilitate the
use of technology in education;
``(9) ensuring that activities supported under this part
will form the basis for sound State and local decisions about
investing in, sustaining, and expanding uses of technology in
education;
``(10) establishing working guidelines to ensure maximum
interoperability nationwide and ease of access for the emerging
technologies so that no school system will be excluded from the
technological revolution;
``(11) ensuring that, as technological advances are made,
the educational uses of these advances are considered and their
applications are developed; and
``(12) encouragement of collaborative relationships among
the State agency for higher education, the State library
administrative agency, the State telecommunications agency, and
the State educational agency, in the area of technology support
to strengthen the system of education.
``SEC. 10113. DEFINITIONS.
``For purposes of this title--
``(1) the term `adult education' has the same meaning given
such term by section 203 of the Adult Education and Family
Literacy Act;
``(2) the term `all students' means students from a broad
range of backgrounds and circumstances, including disadvantaged
students, students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with limited
English proficiency, students who have dropped out of school,
and academically talented students;
``(3) the term `information infrastructure' means a network
of communication systems designed to exchange information among
all citizens and residents of the United States;
``(4) the term `instructional programming' means the full
range of audio and video data, text, graphics, or additional
state-of-the-art communications, including multimedia based
resources distributed through interactive, command and control,
or passive methods for the purpose of education and
instruction;
``(5) the terms `interoperable' and `interoperability' mean
the ability to exchange easily data with, and connect to, other
hardware and software in order to provide the greatest
accessibility for all students and other users;
``(6) the term `Office' means the Office of Educational
Technology;
``(7) the term `public telecommunications entity' has the
same meaning given to such term by section 397(12) of the
Communications Act of 1934;
``(8) the term `regional educational laboratory' means a
regional educational laboratory supported under section 941(h)
of the Educational, Research, Development, Dissemination, and
Improvement Act of 1994;
``(9) the term `State educational agency' includes the
Bureau of Indian Affairs for purposes of serving schools funded
by the Bureau of Indian Affairs in accordance with this part;
``(10) the term `State library administrative agency' has
the same meaning given to such term in section 3 of the Library
Services and Construction Act; and
``(11) the term `technology' means state-of-the-art
technology products and services, such as closed circuit
television systems, educational television and radio programs
and services, cable television, satellite, copper and fiber
optic transmission, computer hardware and software, video and
audio laser and CD-ROM discs, and video and audio tapes.
``SEC. 10114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
``(a) Authorization of Appropriations.--
``(1) Subparts 1, 2, and 3.--There are authorized to be
appropriated $200,000,000 for fiscal year 2002 and such sums as
may be necessary for each of the four succeeding fiscal years
to carry out subparts 1, 2, and 3, of which--
``(A)(i) $3,000,000 shall be available to carry out
subpart 1 (National Programs for Technology in
Education) for any such year for which the amount
appropriated under this subsection is less than
$75,000,000; and
``(ii) $5,000,000 shall be available to carry out
subpart 1 for any such year for which the amount
appropriated under this subsection is equal to or
greater than $75,000,000;
``(B) $10,000,000 shall be available to carry out
subpart 3 (Regional Technical Support and Professional
Development) for each such year; and
``(C) the remainder shall be available to carry out
subpart 2 (State and Local Programs for School
Technology Resources) for each such year.
``(2) Subpart 4.--For the purpose of carrying out subpart
4, there are authorized to be appropriated $50,000,000 for
fiscal year 2001 and such sums as may be necessary for each of
the four succeeding fiscal years.
``(b) Funding Rule.--
``(1) Appropriations of less than $75,000,000.--For any
fiscal year for which the amount appropriated under subsection
(a)(1) is less than $75,000,000, from the remainder of funds
made available under subsection (a)(1)(C) the Secretary shall
award grants for the National Challenge Grants in accordance
with section 10136.
``(2) Appropriations equal to or greater than
$75,000,000.--For any fiscal year for which the amount
appropriated under subsection (a)(1) is equal to or greater
than $75,000,000, from the remainder of funds made available
under subsection (a)(1)(C) the Secretary shall award grants to
State educational agencies from allotments under section 10131,
except that the Secretary may reserve, from such remainder,
such funds as the Secretary determines necessary to meet
outstanding obligations for such fiscal year to continue the
National Challenge Grants for Technology awarded under section
10136.
``SEC. 10115. LIMITATION ON COSTS.
``Not more than 5 percent of the funds under this part that are
made available to a recipient of funds under this part for any fiscal
year may be used by such recipient for administrative costs or
technical assistance.
``Subpart 1--National Programs for Technology in Education
``SEC. 10121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
``(a) In General.--The Secretary shall develop and publish not
later than 12 months after the date of the enactment of the Education
Reform Act, and update when the Secretary determines appropriate, a
national long-range plan that supports the overall national technology
policy and carries out the purposes of this part.
``(b) Plan Requirements.--The Secretary shall--
``(1) develop the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers, experts in technology
and the applications of technology to education,
representatives of distance learning consortia, representatives
of telecommunications partnerships receiving assistance under
the Star Schools Act, and providers of technology services and
products;
``(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
``(3) publish such plan in a form that is readily
accessible to the public.
``(c) Contents of the Plan.--The national long-range plan shall
describe the Secretary's activities to promote the purposes of this
title, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
State content standards and State student performance
standards, especially through programs administered by the
Department;
``(2) joint activities in support of the overall national
technology policy with other Federal departments or agencies,
such as the Office of Science and Technology Policy, the
National Endowment for the Humanities, the National Endowment
for the Arts, the National Institute for Literacy, the National
Aeronautics and Space Administration, the National Science Foundation,
the Bureau of Indian Affairs, and the Departments of Commerce, Energy,
Health and Human Services, and Labor--
``(A) to promote the use of technology in
education, training, and lifelong learning, including
plans for the educational uses of a national
information infrastructure; and
``(B) to ensure that the policies and programs of
such departments or agencies facilitate the use of
technology for educational purposes, to the extent
feasible;
``(3) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives of
the private sector to facilitate the effective use of
technology in education;
``(4) how the Secretary will promote--
``(A) higher achievement of all students through
the integration of technology into the curriculum;
``(B) increased access to the benefits of
technology for teaching and learning for schools with
a high number or percentage of children from low-income families;
``(C) the use of technology to assist in the
implementation of State systemic reform strategies;
``(D) the application of technological advances to
use in education;
``(E) increased access to high quality adult and
family education services through the use of technology
for instruction and professional development; and
``(F) increased opportunities for the professional
development of teachers in the use of new technologies;
``(5) how the Secretary will determine, in consultation
with appropriate individuals, organizations, industries, and
agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and effective
use of technology in education;
``(6) how the Secretary will promote the exchange of
information among States, local educational agencies, schools,
consortia, and other entities concerning the effective use of
technology in education;
``(7) how the Secretary will utilize the outcomes of the
evaluation undertaken pursuant to section 10123 to promote the
purposes of this part; and
``(8) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
``SEC. 10122. FEDERAL LEADERSHIP.
``(a) Program Authorized.--In order to provide Federal leadership
in promoting the use of technology in education, the Secretary, in
consultation with the National Science Foundation, the Department of
Commerce, the United States National Commission on Libraries and
Information Sciences, and other appropriate Federal agencies, may carry
out activities designed to achieve the purposes of this part directly
or by awarding grants or contracts competitively and pursuant to a peer
review process to, or entering into contracts with, State educational
agencies, local educational agencies, institutions of higher education,
or other public and private nonprofit or for-profit agencies and
organizations.
``(b) Assistance.--
``(1) In general.--The Secretary shall provide assistance
to the States to enable such States to plan effectively for the
use of technology in all schools throughout the State in
accordance with the purpose and requirements of section 317 of
the Goals 2000: Educate America Act.
``(2) Other federal agencies.--For the purpose of carrying
out coordinated or joint activities consistent with the
purposes of this part, the Secretary may accept funds from, and
transfer funds to, other Federal agencies.
``(c) Uses of Funds.--The Secretary shall use funds made available
to carry out this section for activities designed to carry out the
purpose of this part, such as--
``(1) providing assistance to technical assistance
providers to enable such providers to improve substantially the
services such providers offer to educators regarding the uses
of technology for education, including professional
development;
``(2) providing development grants to technical assistance
providers, to enable such providers to improve substantially
the services such providers offer to educators on the
educational uses of technology, including professional
development;
``(3) consulting with representatives of industry,
elementary and secondary education, higher education, adult and
family education, and appropriate experts in technology and
educational applications of technology in carrying out
activities under this subpart;
``(4) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy
exchange of data for effective use of technology in education;
``(5) research on, and the development of, applications for
education of the most advanced and newly emerging technologies
which research shall be coordinated, when appropriate, with the
Office of Educational Research and Improvement, and other
Federal agencies;
``(6) the development, demonstration, and evaluation of the
educational aspects of high performance computing and
communications technologies and of the national information
infrastructure, in providing professional development for
teachers, school librarians, and other educators; enriching
academic curricula for elementary and secondary schools;
facilitating communications among schools, local educational
agencies, libraries, parents, and local communities and in
other such areas as the Secretary deems appropriate;
``(7) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
``(8) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achieve the
National Education Goals, State content standards and State
student performance standards;
``(9) the development, demonstration, and evaluation of
model strategies for preparing teachers and other personnel to
use technology effectively to improve teaching and learning;
``(10) the development of model programs that demonstrate
the educational effectiveness of technology in urban and rural
areas and economically distressed communities;
``(11) research on, and the evaluation of, the
effectiveness and benefits of technology in education;
``(12) a biennial assessment of, and report to the public
regarding, the uses of technology in elementary and secondary
education throughout the United States upon which private
businesses and Federal, State, tribal, and local governments
may rely for decisionmaking about the need for, and provision
of, appropriate technologies in schools, which assessment and
report shall use, to the extent possible, existing information
and resources;
``(13) conferences on, and dissemination of information
regarding, the uses of technology in education;
``(14) the development of model strategies to promote
gender equity concerning access to, and the use of, technology
in the classroom;
``(15) encouraging collaboration between the Department and
other Federal agencies in the development, implementation,
evaluation and funding of applications of technology for
education, as appropriate; and
``(16) such other activities as the Secretary determines
will meet the purposes of this subpart.
``(d) Non-Federal Share.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may require any recipient of a grant or contract
under this section to share in the cost of the activities
assisted under such grant or contract, which non-Federal share
shall be announced through a notice in the Federal Register and
may be in the form of cash or in-kind contributions, fairly
valued.
``(2) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract
under this section after the first year such recipient receives
funds under such grant or contract.
``(3) Maximum.--The non-Federal share required under this
section shall not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under this
section.
``SEC. 10123. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.
``The Secretary, through the Office of Educational Technology,
shall conduct a study to evaluate, and report to the Congress on, the
feasibility of several alternative models for providing sustained and
adequate funding for schools throughout the United States so that such
schools are able to acquire and maintain technology-enhanced
curriculum, instruction, and administrative support resources and
services. Such report shall be submitted to the Congress not later than
one year after the date of enactment of the Education Reform Act.
``Subpart 2--State and Local Programs for School Technology Resources
``SEC. 10131. ALLOTMENT AND REALLOTMENT.
``(a) Allotment.--
``(1) In general.--Except as provided in paragraph (2),
each State educational agency shall be eligible to receive a
grant under this subpart for a fiscal year in an amount which
bears the same relationship to the amount made available under
section 10114(a)(1)(C) for such year as the amount such State
received under part A of title I for such year bears to the
amount received for such year under such part by all States.
``(2) Minimum.--No State educational agency shall be
eligible to receive a grant under paragraph (1) in any fiscal
year in an amount which is less than one-half of one percent of
the amount made available under section 10115(a)(1)(C) for such
year.
``(b) Reallotment of Unused Funds.--
``(1) In general.--The amount of any State educational
agency's allotment under subsection (a) for any fiscal year
which the Secretary determines will not be required for such
fiscal year to carry out this subpart shall be available for
reallotment from time to time, on such dates during such year
as the Secretary may determine, to other State educational
agencies in proportion to the original allotments to such State
educational agencies under subsection (a) for such year, but
with such proportionate amount for any of such other State educational
agencies being reduced to the extent such amount exceeds the sum the
Secretary estimates such State needs and will be able to use for such
year.
``(2) Other reallotments.--The total of reductions under
paragraph (1) shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so
reduced. Any amounts reallotted to a State educational agency
under this subsection during a year shall be deemed a subpart
of such agencies allotment under subsection (a) for such year.
``SEC. 10132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
``(a) Grants to States.--
``(1) In general.--From amounts made available under
section 10131, the Secretary, through the Office of Educational
Technology, shall award grants to State educational agencies
having applications approved under section 10133.
``(2) Use of grants.--(A) Each State educational agency
receiving a grant under paragraph (1) shall use such grant
funds to award grants, on a competitive basis, to local
educational agencies to enable such local educational agencies
to carry out the activities described in section 10134.
``(B) In awarding grants under subparagraph (A), each State
educational agency shall ensure that each such grant is of
sufficient duration, and of sufficient size, scope, and
quality, to carry out the purposes of this part effectively.
``(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
``(1) identify the local educational agencies served by the
State educational agency that--
``(A) have the highest number or percentage of
children in poverty; and
``(B) demonstrate to such State educational agency
the greatest need for technical assistance in
developing the application under section 10133; and
``(2) offer such technical assistance to such local
educational agencies.
``SEC. 10133. STATE APPLICATION.
``To receive funds under this subpart, each State educational
agency shall submit a statewide educational technology plan which may
include plans submitted under the Goals 2000: Educate America Act or
other statewide technology plans which meet the requirements of this
section. Such application shall be submitted to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require. Each such application shall contain a
systemic statewide plan that--
``(1) outlines long-term strategies for financing
technology education in the State and describes how business,
industry, and other public and private agencies, including
libraries, library literacy programs, and institutions of
higher education, can participate in the implementation,
ongoing planning, and support of the plan; and
``(2) meets such other criteria as the Secretary may
establish in order to enable such agency to provide assistance
to local educational agencies that have the highest numbers or
percentages of children in poverty and demonstrate the greatest
need for technology, in order to enable such local educational
agencies, for the benefit of school sites served by such local
educational agencies, to carry out activities such as--
``(A) purchasing quality technology resources;
``(B) installing various linkages necessary to
acquire connectivity;
``(C) integrating technology into the curriculum in
order to improve student learning and achievement;
``(D) providing teachers and library media
personnel with training or access to training;
``(E) providing administrative and technical
support and services that improve student learning
through enriched technology-enhanced resources,
including library media resources;
``(F) promoting in individual schools the sharing,
distribution, and application of educational
technologies with demonstrated effectiveness;
``(G) assisting schools in promoting parent
involvement;
``(H) assisting the community in providing
literacy-related services;
``(I) establishing partnerships with private or
public educational providers or other entities to serve
the needs of children in poverty; and
``(J) providing assurances that financial
assistance provided under this part shall supplement,
not supplant, State and local funds.
``SEC. 10134. LOCAL USES OF FUNDS.
``Each local educational agency, to the extent possible, shall use
the funds made available under section 10132(a)(2) for--
``(1) developing, adapting, or expanding existing and new
applications of technology to support the school reform effort;
``(2) funding projects of sufficient size and scope to
improve student learning and, as appropriate, support
professional development, and provide administrative support;
``(3) acquiring connectivity linkages, resources, and
services, including the acquisition of hardware and software,
for use by teachers, students and school library media
personnel in the classroom or in school library media centers,
in order to improve student learning by supporting the
instructional program offered by such agency to ensure that
students in schools will have meaningful access on a regular
basis to such linkages, resources and services;
``(4) providing ongoing professional development in the
integration of quality educational technologies into school
curriculum and long-term planning for implementing educational
technologies;
``(5) acquiring connectivity with wide area networks for
purposes of accessing information and educational programming
sources, particularly with institutions of higher education and public
libraries; and
``(6) providing educational services for adults and
families.
``SEC. 10135. LOCAL APPLICATIONS.
``Each local educational agency desiring assistance from a State
educational agency under section 10132(a)(2) shall submit an
application, consistent with the objectives of the systemic statewide
plan, to the State educational agency at such time, in such manner and
accompanied by such information as the State educational agency may
reasonably require. Such application, at a minimum, shall--
``(1) include a strategic, long-range (three- to five-
year), plan that includes--
``(A) a description of the type of technologies to
be acquired, including specific provisions for
interoperability among components of such technologies
and, to the extent practicable, with existing
technologies;
``(B) an explanation of how the acquired
technologies will be integrated into the curriculum to
help the local educational agency enhance teaching,
training, and student achievement;
``(C) an explanation of how programs will be
developed in collaboration with existing adult literacy
services providers to maximize the use of such
technologies;
``(D)(i) a description of how the local educational
agency will ensure ongoing, sustained professional
development for teachers, administrators, and school
library media personnel served by the local educational
agency to further the use of technology in the
classroom or library media center; and
``(ii) a list of the source or sources of ongoing
training and technical assistance available to schools,
teachers and administrators served by the local
educational agency, such as State technology offices,
intermediate educational support units, regional
educational laboratories or institutions of higher
education;
``(E) a description of the supporting resources,
such as services, software and print resources, which
will be acquired to ensure successful and effective use
of technologies acquired under this section;
``(F) the projected timetable for implementing such
plan in schools;
``(G) the projected cost of technologies to be
acquired and related expenses needed to implement such
plan; and
``(H) a description of how the local educational
agency will coordinate the technology provided pursuant
to this subpart with other grant funds available for
technology from State and local sources;
``(2) describe how the local educational agency will
involve parents, public libraries, business leaders and
community leaders in the development of such plan;
``(3) describe how the acquired instructionally based
technologies will help the local educational agency--
``(A) promote equity in education in order to
support State content standards and State student
performance standards that may be developed; and
``(B) provide access for teachers, parents and
students to the best teaching practices and curriculum
resources through technology; and
``(4) describe a process for the ongoing evaluation of how
technologies acquired under this section--
``(A) will be integrated into the school
curriculum; and
``(B) will affect student achievement and progress
toward meeting the National Education Goals and any
challenging State content standards and State student
performance standards that may be developed.
``(d) Formation of Consortia.--A local educational agency for any
fiscal year may apply for financial assistance as part of a consortium
with other local educational agencies, institutions of higher
education, intermediate educational units, libraries, or other
educational entities appropriate to provide local programs. The State
educational agency may assist in the formation of consortia among local
educational agencies, providers of educational services for adults and
families, institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities to provide
services for the teachers and students in a local educational agency at
the request of such local educational agency.
``(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance under this
section has developed a comprehensive education improvement plan, in
conjunction with requirements under this Act or the Goals 2000: Educate
America Act, the State educational agency may approve such plan, or a
component of such plan, notwithstanding the requirements of subsection
(e) if the State educational agency determines that such approval would
further the purposes of this subpart.
``SEC. 10136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available under
section 10115(b)(1) for any fiscal year the Secretary is
authorized to award grants, on a competitive basis, to
consortia having applications approved under subsection (d),
which consortia shall include at least one local educational
agency with a high percentage or number of children living
below the poverty line and may include other local educational
agencies, State educational agencies, institutions of higher
education, businesses, academic content experts, software
designers, museums, libraries, or other appropriate entities.
``(2) Duration.--Grants under this section shall be awarded
for a period of 5 years.
``(b) Use of Grants.--Grants awarded under subsection (a) shall be
used for activities similar to the activities described in section
10134.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate in the
application submitted under subsection (d) that--
``(1) the project for which assistance is sought is
designed to serve areas with a high number or percentage of
disadvantaged students or the greatest need for educational
technology;
``(2) the project will directly benefit students by, for
example, integrating the acquired technologies into curriculum
to help the local educational agency enhance teaching,
training, and student achievement;
``(3) the project will ensure ongoing, sustained
professional development for teachers, administrators, and
school library media personnel served by the local educational
agency to further the use of technology in the classroom or
library media center;
``(4) the project will ensure successful, effective, and
sustainable use of technologies acquired under this subsection;
and
``(5) members of the consortia or other appropriate
entities will contribute substantial financial and other
resources to achieve the goals of the project.
``(d) Application.--Each local educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``SEC. 10137. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs under this
subpart.
``(b) Evaluation Summary.--The Secretary shall submit to the
Congress four years after the enactment of the Education Reform Act a
summary of the State evaluations of programs under this subpart in
accordance with the provisions of section 14701.
``Subpart 3--Regional Technical Support and Professional Development
``SEC. 10141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.
``(a) Grants Authorized.--
``(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance with
the provisions of this section, to regional entities such as
the Eisenhower Mathematics and Science Regional Consortia under
part C of title XIII, the regional education laboratories, the
comprehensive regional assistance centers, or such other
regional entities as may be designated or established by the
Secretary. In awarding grants under this section, the Secretary
shall give priority to such consortia and shall ensure that
each geographic region of the United States shall be served by
such a consortium.
``(2) Requirements.--Each consortium receiving a grant
under this section shall--
``(A) be composed of State educational agencies,
institutions of higher education, nonprofit
organizations, or a combination thereof;
``(B) in cooperation with State and local
educational agencies, develop a regional program that
addresses professional development, technical
assistance, and information resource dissemination,
with special emphasis on meeting the documented needs
of educators and learners in the region; and
``(C) foster regional cooperation and resource and
coursework sharing.
``(b) Functions.--
``(1) Technical assistance.--Each consortium receiving a
grant under this section shall, to the extent practicable--
``(A) collaborate with State educational agencies
and local educational agencies requesting
collaboration, particularly in the development of
strategies for assisting those schools with the highest
numbers or percentages of disadvantaged students with
little or no access to technology in the classroom;
``(B) provide information, in coordination with
information available from the Secretary, to State
educational agencies, local educational agencies,
schools and adult education programs, on the types and
features of various educational technology equipment
and software available, evaluate and make
recommendations on equipment and software that support
the National Education Goals and are suited for a
school's particular needs, and compile and share
information regarding creative and effective
applications of technology in the classroom and school
library media centers in order to support the purposes
of this part;
``(C) collaborate with such State educational
agencies, local educational agencies, or schools
requesting to participate in the tailoring of software
programs and other supporting materials to meet
challenging State content standards or challenging
State student performance standards that may be
developed; and
``(D) provide technical assistance to facilitate
use of the electronic dissemination networks by State
and local educational agencies and schools throughout
the region.
``(2) Professional development.--Each consortium receiving
a grant under this section shall, to the extent practicable--
``(A) develop and implement, in collaboration with
State educational agencies and institutions of higher
education, technology-specific, ongoing professional
development, such as--
``(i) intensive school year and summer
workshops that use teachers, school librarians,
and school library personnel to train other
teachers, school librarians, and other school
library media personnel; and
``(ii) distance professional development,
including--
``(I) interactive training tele-
courses using researchers, educators,
and telecommunications personnel who
have experience in developing,
implementing, or operating educational
and instructional technology as a
learning tool;
``(II) onsite courses teaching
teachers to use educational and
instructional technology and to develop
their own instructional materials for
effectively incorporating technology
and programming in their own
classrooms;
``(III) methods for successful
integration of instructional technology
into the curriculum in order to improve
student learning and achievement;
``(IV) video conferences and
seminars which offer professional
development through peer interaction
with experts as well as other teachers
using technologies in their classrooms;
and
``(V) mobile education technology
and training resources;
``(B) develop training resources that--
``(i) are relevant to the needs of the
region and schools within the region;
``(ii) are relevant to the needs of adult
literacy staff and volunteers, including onsite
courses on how to--
``(I) use instructional technology;
and
``(II) develop instructional
materials for adult learning; and
``(iii) are aligned with the needs of
teachers and administrators in the region;
``(C) establish a repository of professional
development and technical assistance resources;
``(D) identify and link technical assistance
providers to State and local educational agencies, as
needed;
``(E) ensure that training, professional
development, and technical assistance meet the needs of
educators, parents, and students served by the region;
``(F) assist colleges and universities within the
region to develop and implement preservice training
programs for students enrolled in teacher education
programs; and
``(G) assist local educational agencies and schools
in working with community members and parents to
develop support from communities and parents for
educational technology programs and projects.
``(3) Information and resource dissemination.--Each
consortium receiving a grant under this section shall, to the
extent practicable--
``(A) assist State and local educational agencies
in the identification and procurement of financial,
technological and human resources needed to implement
technology plans;
``(B) provide outreach and, at the request of a
State or local educational agency, work with such
agency to assist in the development and validation of
instructionally based technology education resources;
and
``(C) coordinate activities and establish
partnerships with organizations and institutions of
higher education that represent the interests of the
region as such interests pertain to the application of
technology in teaching, learning, instructional
management, dissemination, collection and distribution
of educational statistics, and the transfer of student
information.
``(4) Coordination.--Each consortium receiving a grant
under this section shall work collaboratively, and coordinate
the services the consortium provides, with appropriate regional
and other entities assisted in whole or in part by the
Department.
``Subpart 4--Product Development
``SEC. 10151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
``(a) Purpose.--It is the purpose of this subpart to--
``(1) support development of curriculum-based learning
resources using state-of-the-art technologies and techniques
designed to improve student learning; and
``(2) support development of long-term comprehensive
instructional programming and associated support resources that
ensure maximum access by all educational institutions.
``(b) Federal Assistance Authorized.--
``(1) In general.--The Secretary shall provide assistance,
on a competitive basis, to eligible consortia to enable such
entities to develop, produce, and distribute state-of-the-art
technology-enhanced instructional resources and programming for
use in the classroom or to support professional development for
teachers.
``(2) Grants and loans authorized.--In carrying out the
purposes of this section, the Secretary is authorized to pay
the Federal share of the cost of the development, production,
and distribution of state-of-the-art technology enhanced
instructional resources and programming--
``(A) by awarding grants to, or entering into
contracts or cooperative agreements with, eligible
consortia; or
``(B) by awarding loans to eligible consortia
which--
``(i) shall be secured in such manner and
be repaid within such period, not exceeding 20
years, as may be determined by the Secretary;
``(ii) shall bear interest at a rate
determined by the Secretary which shall be not
more than the total of one-quarter of 1 percent
per annum added to the rate of interest paid by
the Secretary on funds obtained from the
Secretary of the Treasury; and
``(iii) may be forgiven by the Secretary,
in an amount not to exceed 25 percent of the
total loan, under such terms and conditions as
the Secretary may consider appropriate.
``(3) Matching requirement.--The Secretary may require any
recipient of a grant or contract under this subpart to share in
the cost of the activities assisted under such grant or
contract, which non-Federal share shall be announced through a
notice in the Federal Register and may be in the form of cash
or in-kind contributions, fairly valued.
``(4) Eligible consortium.--For the purpose of this
subsection, the term `eligible consortium' means a consortium--
``(A) that shall include--
``(i) a State or local educational agency;
and
``(ii) a business, industry, or
telecommunications entity; and
``(B) that may include--
``(i) a public or private nonprofit
organization; or
``(ii) a postsecondary institution.
``(5) Priorities.--In awarding assistance under this
section, the Secretary shall give priority to applications
describing programs or systems that--
``(A) promote the acquisition of higher-order
thinking skills and promise to raise the achievement
levels of all students, particularly disadvantaged
students who are not realizing their potential;
``(B) are aligned with challenging State content
standards and State and local curriculum frameworks;
``(C) may be adapted and applied nationally at a
reasonable cost over a broad technology platform;
``(D) convert technology resources developed with
support from the Department of Defense and other
Federal agencies for effective use in the classroom;
``(E) show promise of reducing the costs of
providing high-quality instruction;
``(F) show promise of expanding access to high-
quality instruction in content areas which would
otherwise not be available to students in rural and
urban communities or who are served by other
educational agencies with limited financial resources;
``(G) are developed in consultation with classroom
teachers;
``(H) are developed through consultation and
collaboration with appropriate education entities in
designing the product to ensure relevance to the
voluntary national content standards, the voluntary
national student performance standards and State
curriculum frameworks; and
``(I) are developed so that the product can be
adapted for use by adults in need of literacy services,
including English as a second language and preparation
for a secondary school diploma or its recognized
equivalent.
``(6) Requirements for federal assistance.--Each eligible
consortium desiring Federal assistance under this section shall
submit an application to the Secretary at such time and in such
manner as the Secretary may prescribe. Each application shall
include--
``(A) a description of how the product will improve
the achievement levels of students;
``(B) a description of how the activities assisted
under this section will promote professional
development of teachers and administrators in the uses
and applications of the product, including the
development of training materials;
``(C) a description of design, development, field
testing, evaluation, and distribution of products,
where appropriate;
``(D) an assurance that the product shall
effectively serve a significant number or percentage of
economically disadvantaged students;
``(E) plans for dissemination of products to a wide
audience of learners;
``(F) a description of how the product can be
adapted for use by students with disabilities including
provisions for closed captioning or descriptive video,
where appropriate;
``(G) a description of how ownership and rights to
the use and marketing of any product developed by the
consortium, including intellectual property rights,
will be allocated among consortium participants; and
``(H) a description of the contributions, including
services and funds, to be made by each member of the
consortium, and how any revenues derived from the sale
of any product developed by the consortium shall be
distributed.
``(c) Consumer Report.--The Secretary shall provide for the
independent evaluation of products developed under this section and
shall disseminate information about products developed pursuant to
provisions of this section to State and local educational agencies, and
other organizations or individuals that the Secretary determines to be
appropriate, through print and electronic media that are accessible to
the education community at large.
``(d) Proceeds.--The Secretary shall not prohibit an eligible
consortium or any of the members of such consortium from receiving
financial benefits from the distribution of any products resulting from
the assistance received under this section. Notwithstanding any other
provision of law, any profits or royalties received by a State
educational agency, local educational agency, or other nonprofit member
of an eligible consortium receiving assistance under this section shall
be used to support further development of curriculum-based learning
resources, services, and programming or to provide access to such
products for a wider audience.
``PART B--STAR SCHOOLS PROGRAM
``SEC. 10201. SHORT TITLE.
``This part may be cited as the `Star Schools Act'.
``SEC. 10202. FINDINGS.
``The Congress finds that--
``(1) the Star Schools program has helped to encourage the
use of distance learning strategies to serve multi-State
regions primarily by means of satellite and broadcast
television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and
foreign language instruction, that the local educational agency
is not otherwise able to provide; and
``(3) distance learning programs may also be used to--
``(A) provide students of all ages in all types of
schools and educational settings with greater access to
high-quality instruction in the full range of core
academic subjects that will enable such students to
meet challenging, internationally competitive,
educational standards;
``(B) expand professional development opportunities
for teachers;
``(C) contribute to achievement of the National
Education Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 10203. PURPOSE.
``It is the purpose of this part to encourage improved instruction
in mathematics, science, and foreign languages as well as other
subjects, such as literacy skills and vocational education, and to
serve underserved populations, including the disadvantaged, illiterate,
limited-English proficient, and individuals with disabilities, through
a star schools program under which grants are made to eligible
telecommunication partnerships to enable such partnerships to--
``(1) develop, construct, acquire, maintain and operate
telecommunications audio and visual facilities and equipment;
``(2) develop and acquire educational and instructional
programming; and
``(3) obtain technical assistance for the use of such
facilities and instructional programming.
``SEC. 10204. GRANTS AUTHORIZED.
``(a) Authority.--The Secretary, through the Office of Educational
Technology, is authorized to make grants, in accordance with the
provisions of this part, to eligible entities to pay the Federal share
of the cost of--
``(1) the development, construction, acquisition,
maintenance and operation of telecommunications facilities and
equipment;
``(2) the development and acquisition of live, interactive
instructional programming;
``(3) the development and acquisition of preservice and
inservice teacher training programs based on established
research regarding teacher-to-teacher mentoring, effective
skill transfer, and ongoing, in-class instruction;
``(4) the establishment of teleconferencing facilities and
resources for making interactive training available to
teachers;
``(5) obtaining technical assistance; and
``(6) the coordination of the design and connectivity of
telecommunications networks to reach the greatest number of
schools.
``(b) Duration.--
``(1) In general.--The Secretary shall award grants
pursuant to subsection (a) for a period of 5 years.
``(2) Renewal.--Grants awarded pursuant to subsection (a)
may be renewed for one additional three-year period.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$60,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the four succeeding fiscal years, to
carry out this part.
``(2) Availability.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available until
expended.
``(d) Limitations.--
``(1) In general.--A grant under this section shall not
exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Instructional programming.--Not less than 25 percent
of the funds available to the Secretary in any fiscal year
under this part shall be used for the cost of instructional
programming.
``(3) Special rule.--Not less than 50 percent of the funds
available in any fiscal year under this part shall be used for
the cost of facilities, equipment, teacher training or
retraining, technical assistance, or programming, for local
educational agencies which are eligible to receive asssistance
under part A of title I.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of
projects funded under this section shall not exceed--
``(A) 75 percent for the first and second years for
which an eligible telecommunications partnership
receives a grant under this part;
``(B) 60 percent for the third and fourth such
years; and
``(C) 50 percent for the fifth such year.
``(2) Reduction or waiver.--The Secretary may reduce or
waive the requirement of the non-Federal share under paragraph
(1) upon a showing of financial hardship.
``(f) Authority To Accept Funds From Other Agencies.--The Secretary
is authorized to accept funds from other Federal departments or
agencies to carry out the purposes of this section, including funds for
the purchase of equipment.
``(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of Commerce,
and any other Federal department or agency operating a
telecommunications network for educational purposes, shall coordinate
the activities assisted under this part with the activities of such
department or agency relating to a telecommunications network for
educational purposes.
``(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
``(1) closed captioning of the verbal content of such
program, where appropriate, to be broadcast by way of line 21
of the vertical blanking interval, or by way of comparable
successor technologies; and
``(2) descriptive video of the visual content of such
program, as appropriate.
``SEC. 10205. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--
``(1) Required participation.--The Secretary may make a
grant under section 10204 to any eligible entity, if at least
one local educational agency is participating in the proposed
project.
``(2) Eligible entity.--For the purpose of this part, the
term `eligible entity' may include--
``(A) a public agency or corporation established
for the purpose of developing and operating
telecommunications networks to enhance educational
opportunities provided by educational institutions,
teacher training centers, and other entities, except
that any such agency or corporation shall represent the
interests of elementary and secondary schools that are
eligible to participate in the program under part A of
title I; or
``(B) a partnership that will provide
telecommunications services and which includes 3 or
more of the following entities, at least 1 of which
shall be an agency described in clause (i) or (ii):
``(i) a local educational agency that
serves a significant number of elementary and
secondary schools that are eligible for
assistance under part A of title I, or
elementary and secondary schools operated or
funded for Indian children by the Department of
the Interior eligible under section 1121(b)(2);
``(ii) a State educational agency;
``(iii) adult and family education
programs;
``(iv) an institution of higher education
or a State higher education agency;
``(v) a teacher training center or academy
that--
``(I) provides teacher pre-service
and in-service training; and
``(II) receives Federal financial
assistance or has been approved by a
State agency;
``(vi) (I) a public or private entity with
experience and expertise in the planning and
operation of a telecommunications network,
including entities involved in
telecommunications through satellite, cable,
telephone, or computer; or
``(II) a public broadcasting entity with
such experience; or
``(vii) a public or private elementary or
secondary school.
``(b) Special Rule.--An eligible entity receiving assistance under
this part shall be organized on a statewide or multistate basis.
``SEC. 10206. APPLICATIONS.
``(a) Applications Required.--Each eligible entity which desires to
receive a grant under section 10204 shall submit an application to the
Secretary, at such time, in such manner, and containing or accompanied
by such information as the Secretary may reasonably require.
``(b) Star School Award Applications.--Each application submitted
pursuant to subsection (a) shall--
``(1) describe how the proposed project will assist in
achieving the National Education Goals, how such project will
assist all students to have an opportunity to learn to
challenging State standards, how such project will assist State
and local educational reform efforts, and how such project will
contribute to creating a high quality system of lifelong
learning;
``(2) describe the telecommunications facilities and
equipment and technical assistance for which assistance is
sought, which may include--
``(A) the design, development, construction,
acquisition, maintenance and operation of State or
multistate educational telecommunications networks and
technology resource centers;
``(B) microwave, fiber optics, cable, and satellite
transmission equipment or any combination thereof;
``(C) reception facilities;
``(D) satellite time;
``(E) production facilities;
``(F) other telecommunications equipment capable of
serving a wide geographic area;
``(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought, including training in
using such facilities and equipment and training in integrating
programs into the classroom curriculum; and
``(H) the development of educational and related
programming for use on a telecommunications network;
``(3) in the case of an application for assistance for
instructional programming, describe the types of programming
which will be developed to enhance instruction and training and
provide assurances that such programming will be designed in
consultation with professionals (including classroom teachers)
who are experts in the applicable subject matter and grade
level;
``(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served to
ensure that the services offered by the eligible entity will
increase the availability of courses of instruction in English,
mathematics, science, foreign languages, arts, history,
geography, or other disciplines;
``(5) describe the professional development policies for
teachers and other school personnel to be implemented to ensure
the effective use of the telecommunications facilities and
equipment for which assistance is sought;
``(6) describe the manner in which historically underserved
students (such as students from low-income families, limited
English proficient students, students with disabilities, or
students who have low literacy skills) and their families, will
participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and programming
assisted under this part;
``(7) describe how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(8) provide assurances that the financial interest of the
United States in the telecommunications facilities and
equipment will be protected for the useful life of such
facilities and equipment;
``(9) provide assurances that a significant portion of any
facilities and equipment, technical assistance, and programming
for which assistance is sought for elementary and secondary
schools will be made available to schools or local educational
agencies that have a high number or percentage of children
eligible to be counted under part A of title I;
``(10) provide assurances that the applicant will use the
funds provided under this part to supplement and not supplant
funds otherwise available for the purposes of this part;
``(11) if any member of the consortia receives assistance
under subpart 3 of part A, describe how funds received under
this part will be coordinated with funds received for
educational technology in the classroom under such section;
``(12) describe the activities or services for which
assistance is sought, such as--
``(A) providing facilities, equipment, training
services, and technical assistance;
``(B) making programs accessible to students with
disabilities through mechanisms such as closed
captioning and descriptive video services;
``(C) linking networks around issues of national
importance (such as elections) or to provide
information about employment opportunities, job
training, or student and other social service programs;
``(D) sharing curriculum resources between networks
and development of program guides which demonstrate
cooperative, cross-network listing of programs for
specific curriculum areas;
``(E) providing teacher and student support
services including classroom and training support
materials which permit student and teacher involvement
in the live interactive distance learning telecasts;
``(F) incorporating community resources such as
libraries and museums into instructional programs;
``(G) providing professional development for
teachers, including, as appropriate, training to early
childhood development and Head Start teachers and staff
and vocational education teachers and staff, and adult
and family educators;
``(H) providing programs for adults to maximize the
use of telecommunications facilities and equipment;
``(I) providing teacher training on proposed or
established voluntary national content standards in
mathematics and science and other disciplines as such
standards are developed; and
``(J) providing parent education programs during
and after the regular school day which reinforce a
student's course of study and actively involve parents in the learning
process;
``(13) describe how the proposed project as a whole will be
financed and how arrangements for future financing will be
developed before the project expires;
``(14) provide an assurance that a significant portion of
any facilities, equipment, technical assistance, and
programming for which assistance is sought for elementary and
secondary schools will be made available to schools in local
educational agencies that have a high percentage of children
counted for the purpose of part A of title I;
``(15) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the
Secretary may conduct under this part; and
``(16) include such additional assurances as the Secretary
may reasonably require.
``(c) Priorities.--The Secretary, in approving applications for
grants authorized under section 10204, shall give priority to
applications describing projects that--
``(1) propose high-quality plans to assist in achieving one
or more of the National Education Goals, will provide
instruction consistent with State content standards, or will
otherwise provide significant and specific assistance to States and
local educational agencies undertaking systemic education reform;
``(2) will provide services to programs serving adults,
especially parents, with low levels of literacy;
``(3) will serve schools with significant numbers of
children counted for the purposes of part A of title I;
``(4) ensure that the eligible entity will--
``(A) serve the broadest range of institutions,
programs providing instruction outside of the school
setting, programs serving adults, especially parents,
with low levels of literacy, institutions of higher
education, teacher training centers, research
institutes, and private industry;
``(B) have substantial academic and teaching
capabilities, including the capability of training,
retraining, and inservice upgrading of teaching skills
and the capability to provide professional development;
``(C) provide a comprehensive range of courses for
educators to teach instructional strategies for
students with different skill levels;
``(D) provide training to participating educators
in ways to integrate telecommunications courses into
existing school curriculum;
``(E) provide instruction for students, teachers,
and parents;
``(F) serve a multistate area; and
``(G) give priority to the provision of equipment
and linkages to isolated areas; and
``(5) involve a telecommunications entity (such as a
satellite, cable, telephone, computer, or public or private
television stations) participating in the eligible entity and
donating equipment or in-kind services for telecommunications
linkages.
``(d) Geographic Distribution.--In approving applications for
grants authorized under section 10204, the Secretary shall, to the
extent feasible, ensure an equitable geographic distribution of
services provided under this part.
``SEC. 10207. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Reservation.--From the amount appropriated pursuant to the
authority of section 10204(c)(1) in each fiscal year, the Secretary may
reserve not more than 5 percent of such amount for national leadership,
evaluation, and peer review activities.
``(b) Method of Funding.--The Secretary may fund the activities
described in subsection (a) directly or through grants, contracts, and
cooperative agreements.
``(c) Uses of Funds.--
``(1) Leadership.--Funds reserved for leadership activities
under subsection (a) may be used for--
``(A) disseminating information, including lists
and descriptions of services available from grant
recipients under this part; and
``(B) other activities designed to enhance the
quality of distance learning activities nationwide.
``(2) Evaluation.--Funds reserved for evaluation activities
under subsection (a) may be used to conduct independent
evaluations of the activities assisted under this part and of
distance learning in general, including--
``(A) analyses of distance learning efforts,
including such efforts that are assisted under this
part and such efforts that are not assisted under this
part; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance
learning efforts.
``(3) Peer review.--Funds reserved for peer review
activities under subsection (a) may be used for peer review
of--
``(A) applications for grants under this part; and
``(B) activities assisted under this part.
``SEC. 10208. DEFINITIONS.
``As used in this part--
``(1) the term `educational institution' means an
institution of higher education, a local educational agency, or
a State educational agency;
``(2) the term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by
means of telecommunications devices; and
``(3) the term `public broadcasting entity' has the same
meaning given such term in section 397 of the Communications
Act of 1934.
``SEC. 10209. ADMINISTRATIVE PROVISIONS.
``(a) Continuing Eligibility.--
``(1) In general.--In order to be eligible to receive a
grant under section 10204 for a second 3-year grant period an
eligible entity shall demonstrate in the application submitted
pursuant to section 10206 that such partnership shall--
``(A) continue to provide services in the subject
areas and geographic areas assisted with funds received
under this part for the previous 5-year grant period;
and
``(B) use all grant funds received under this part
for the second 3-year grant period to provide expanded
services by--
``(i) increasing the number of students,
schools or school districts served by the
courses of instruction assisted under this part
in the previous fiscal year;
``(ii) providing new courses of
instruction; and
``(iii) serving new populations of
underserved individuals, such as children or
adults who are disadvantaged, have limited-
English proficiency, are individuals with
disabilities, are illiterate, or lack secondary
school diplomas or their recognized equivalent.
``(2) Special rule.--Grant funds received pursuant to
paragraph (1) shall be used to supplement and not supplant
services provided by the grant recipient under this part in the
previous fiscal year.
``(b) Federal Activities.--The Secretary may assist grant
recipients under section 10204 in acquiring satellite time, where
appropriate, as economically as possible.
``SEC. 10210. OTHER ASSISTANCE.
``(a) Special Statewide Network.--
``(1) In general.--The Secretary, through the Office of
Educational Technology, may provide assistance to a statewide
telecommunications network under this subsection if such
network--
``(A) provides 2-way full motion interactive video
and audio communications;
``(B) links together public colleges and
universities and secondary schools throughout the
State; and
``(C) meets any other requirements determined
appropriate by the Secretary.
``(2) State contribution.--A statewide telecommunications
network assisted under paragraph (1) shall contribute, either
directly or through private contributions, non-Federal funds
equal to not less than 50 percent of the cost of such network.
``(b) Special Local Network.--
``(1) In general.--The Secretary may provide assistance, on
a competitive basis, to a local educational agency or
consortium thereof to enable such agency or consortium to
establish a high technology demonstration program.
``(2) Program requirements.--A high technology
demonstration program assisted under paragraph (1) shall--
``(A) include 2-way full motion interactive video,
audio and text communications;
``(B) link together elementary and secondary
schools, colleges, and universities;
``(C) provide parent participation and family
programs;
``(D) include a staff development program; and
``(E) have a significant contribution and
participation from business and industry.
``(3) Special rule.--Each high technology demonstration
program assisted under paragraph (1) shall be of sufficient
size and scope to have an effect on meeting the National
Education Goals.
``(4) Matching requirement.--A local educational agency or
consortium receiving a grant under paragraph (1) shall provide,
either directly or through private contributions, non-Federal
matching funds equal to not less than 50 percent of the amount
of the grant.
``(c) Telecommunications Programs for Continuing Education.--
``(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to enable
such partnerships to develop and operate one or more programs
which provide on-line access to educational resources in
support of continuing education and curriculum requirements
relevant to achieving a secondary school diploma or its
recognized equivalent. The program authorized by this section
shall be designed to advance adult literacy, secondary school
completion and the acquisition of specified competency by the
end of the 12th grade, as envisioned by the Goals 2000: Educate
America Act.
``(2) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the
Secretary. Each such application shall--
``(A) demonstrate that the applicant will use
publicly funded or free public telecommunications
infrastructure to deliver video, voice and data in an
integrated service to support and assist in the
acquisition of a secondary school diploma or its
recognized equivalent;
``(B) assure that the content of the materials to
be delivered is consistent with the accreditation
requirements of the State for which such materials are
used;
``(C) incorporate, to the extent feasible,
materials developed in the Federal departments and
agencies and under appropriate federally funded
projects and programs;
``(D) assure that the applicant has the
technological and substantive experience to carry out
the program; and
``(E) contain such additional assurances as the
Secretary may reasonably require.
``PART C--READY-TO-LEARN TELEVISION
``SEC. 10301. READY-TO-LEARN.
``(a) In General.--The Secretary is authorized to award grants to
or enter into contracts or cooperative agreements with eligible
entities described in section 10302(b) to develop, produce, and
distribute educational and instructional video programming for
preschool and elementary school children and their parents in order to
facilitate the achievement of the National Education Goals.
``(b) Availability.--In making such grants, contracts, or
cooperative agreements, the Secretary shall ensure that recipients make
programming widely available with support materials as appropriate to
young children, their parents, child care workers, and Head Start
providers to increase the effective use of such programming.
``SEC. 10302. EDUCATIONAL PROGRAMMING.
``(a) Awards.--The Secretary shall award grants, contracts, or
cooperative agreements to eligible entities to--
``(1) facilitate the development directly or through
contracts with producers of children and family educational
television programming, educational programming for preschool
and elementary school children, and accompanying support
materials and services that promote the effective use of such
programming; and
``(2) enable such entities to contract with entities (such
as public telecommunications entities and those funded under
the Star Schools Act) so that programs developed under this
section are disseminated and distributed to the widest possible
audience appropriate to be served by the programming by the
most appropriate distribution technologies.
``(b) Eligible Entities.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an entity
shall be--
``(1) a nonprofit entity (including a public
telecommunications entity) able to demonstrate a capacity for
the development and distribution of educational and
instructional television programming of high quality for
preschool and elementary school children; and
``(2) able to demonstrate a capacity to contract with the
producers of children's television programming for the purpose
of developing educational television programming of high
quality for preschool and elementary school children.
``(c) Cultural Experiences.--Programming developed under this
section shall reflect the recognition of diverse cultural experiences
and the needs and experiences of both boys and girls in engaging and
preparing young children for schooling.
``SEC. 10303. DUTIES OF SECRETARY.
``The Secretary is authorized--
``(1) to establish and administer a Special Projects of
National Significance program to award grants, contracts, or
cooperative agreements to public and nonprofit private
entities, or local public television stations or such public
television stations that are part of a consortium with one or
more State educational agencies, local educational agencies,
local schools, institutions of higher education, or community-
based organizations of demonstrated effectiveness, for the
purpose of--
``(A) addressing the learning needs of young
children in limited English proficient households, and
developing appropriate educational and instructional
television programming to foster the school readiness
of such children;
``(B) developing programming and support materials
to increase family literacy skills among parents to
assist parents in teaching their children and utilizing
educational television programming to promote school
readiness; and
``(C) identifying, supporting, and enhancing the
effective use and outreach of innovative programs that
promote school readiness;
``(2) to establish within the Department a clearinghouse to
compile and provide information, referrals and model program
materials and programming obtained or developed under this part
to parents, child care providers, and other appropriate
individuals or entities to assist such individuals and entities in
accessing programs and projects under this part; and
``(3) to develop and disseminate training materials,
including--
``(A) interactive programs and programs adaptable
to distance learning technologies that are designed to
enhance knowledge of children's social and cognitive
skill development and positive adult-child
interactions; and
``(B) support materials to promote the effective
use of materials developed under paragraph (2);
among parents, Head Start providers, in-home and center based
day care providers, early childhood development personnel, and
elementary school teachers, public libraries, and after school
program personnel caring for preschool and elementary school
children;
``(4) coordinate activities with the Secretary of Health
and Human Services in order to--
``(A) maximize the utilization of quality
educational programming by preschool and elementary
school children, and make such programming widely
available to federally funded programs serving such
populations; and
``(B) provide information to recipients of funds
under Federal programs that have major training
components for early childhood development, including
Head Start, Even Start, and State training activities
funded under the Child Care Development Block Grant Act
of 1990 regarding the availability and utilization of
materials developed under paragraph (3) to enhance
parent and child care provider skills in early
childhood development and education.
``SEC. 10304. APPLICATIONS.
``Each eligible entity desiring a grant, contract, or cooperative
agreement under section 10301 or 10303 shall submit an application to
the Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``SEC. 10305. REPORTS AND EVALUATION.
``(a) Annual Report to Secretary.--An entity receiving funds under
section 10301 shall prepare and submit to the Secretary an annual
report which contains such information as the Secretary may require. At
a minimum, the report shall describe the program activities undertaken
with funds received under this section, including--
``(1) the programming that has been developed directly or
indirectly by the entity, and the target population of the
programs developed;
``(2) the support materials that have been developed to
accompany the programming, and the method by which such
materials are distributed to consumers and users of the
programming;
``(3) the means by which programming developed under this
section has been distributed, including the distance learning
technologies that have been utilized to make programming
available and the geographic distribution achieved through such
technologies; and
``(4) the initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for
the development and distribution and broadcast of educational
and instructional programming.
``(b) Report to Congress.--The Secretary shall prepare and submit
to the relevant committees of Congress a biannual report which
includes--
``(1) a summary of the information made available under
section 10302(a); and
``(2) a description of the training materials made
available under section 10303(3), the manner in which outreach
has been conducted to inform parents and child care providers
of the availability of such materials, and the manner in which
such materials have been distributed in accordance with such
section.
``SEC. 10306. ADMINISTRATIVE COSTS.
``With respect to the implementation of section 10302, entities
receiving a grant, contract, or cooperative agreement from the
Secretary may use not more than 5 percent of the amounts received under
such section for the normal and customary expenses of administering the
grant, contract, or cooperative agreement.
``SEC. 10307. DEFINITION.
``For the purposes of this part, the term `distance learning' means
the transmission of educational or instructional programming to
geographically dispersed individuals and groups via telecommunications.
``SEC. 10308. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part, $16,000,000 for fiscal year 2002, and such sums as may
be necessary for each of the four succeeding fiscal years. Not less
than 60 percent of the amounts appropriated under this subsection for
each fiscal year shall be used to carry out section 10302.
``(b) Special Projects.--Of the amount appropriated under
subsection (b) for each fiscal year, at least 10 percent of such amount
shall be used for each such fiscal year for activities under section
10303(1)(C).
``PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS
``SEC. 10401. PROJECT AUTHORIZED.
``The Secretary is authorized to make grants to a nonprofit
telecommunications entity, or partnership of such entities, for the
purpose of carrying out a national telecommunications-based
demonstration project to improve the teaching of mathematics. The
demonstration project authorized by this part shall be designed to
assist elementary and secondary school teachers in preparing all
students for achieving State content standards.
``SEC. 10402. APPLICATION REQUIRED.
``(a) In General.--Each nonprofit telecommunications entity, or
partnership of such entities, desiring a grant under this part shall
submit an application to the Secretary. Each such application shall--
``(1) demonstrate that the applicant will use the existing
publicly funded telecommunications infrastructure to deliver
video, voice and data in an integrated service to train
teachers in the use of new standards-based curricula materials
and learning technologies;
``(2) assure that the project for which assistance is
sought will be conducted in cooperation with appropriate State
educational agencies, local educational agencies, State or
local nonprofit public telecommunications entities, and a
national mathematics education professional association that
has developed content standards;
``(3) assure that a significant portion of the benefits
available for elementary and secondary schools from the project
for which assistance is sought will be available to schools of
local educational agencies which have a high percentage of
children counted for the purpose of part A of title I; and
``(4) contain such additional assurances as the Secretary
may reasonably require.
``(b) Approval of Applications; Number of Demonstration Sites.--In
approving applications under this section, the Secretary shall assure
that the demonstration project authorized by this part is conducted at
elementary and secondary school sites in at least 15 States.
``SEC. 10403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part,
$5,000,000 for the fiscal year 2002, and such sums as may be necessary
for each of the four succeeding fiscal years.
``PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
``SEC. 10501. SHORT TITLE.
``This part may be cited as the `Elementary Mathematics and Science
Equipment Act'.
``SEC. 10502. STATEMENT OF PURPOSE.
``It is the purpose of this part to raise the quality of
instruction in mathematics and science in the Nation's elementary
schools by providing equipment and materials necessary for hands-on
instruction through assistance to State and local educational agencies.
``SEC. 10503. PROGRAM AUTHORIZED.
``The Secretary is authorized to make allotments to State
educational agencies under section 10504 to enable such agencies to
award grants to local educational agencies for the purpose of providing
equipment and materials to elementary schools to improve mathematics
and science education in such schools.
``SEC. 10504. ALLOTMENTS OF FUNDS.
``(a) In General.--From the amount appropriated under section 10509
for any fiscal year, the Secretary shall reserve--
``(1) not more than one-half of 1 percent for allotment
among Guam, American Samoa, the Virgin Islands, and the
Northern Mariana Islands according to their respective needs
for assistance under this part; and
``(2) one-half of 1 percent for programs for Indian
students served by schools funded by the Secretary of the
Interior which are consistent with the purposes of this part.
``(b) Allotment.--
``(1) In general.--The remainder of the amount so
appropriated (after meeting requirements in subsection (a))
shall be allotted among State educational agencies so that--
``(A) one-half of such remainder shall be
distributed by allotting to each State educational
agency an amount which bears the same ratio to such
one-half of such remainder as the number of children
aged 5 to 17, inclusive, in the State bears to the
number of such children in all States; and
``(B) one-half of such remainder shall be
distributed according to each State's share of
allocations under part A of title I.
``(2) Minimum.--Except as provided in paragraph (3), no
State educational agency shall receive an allotment under this
subsection for any fiscal year in an amount that is--
``(A) less than one-half of 1 percent of the amount
made available under this subsection for such fiscal
year; or
``(B) less than the amount allotted to such State
for fiscal year 1988 under title II of the Education
for Economic Security Act.
``(3) Ratable reductions.--(A) If the sums made available
under this part for any fiscal year are insufficient to pay the
full amounts that all State educational agencies are eligible
to receive under paragraph (2)(B) for such year, the Secretary
shall ratably reduce the allotment to such agencies for such
year.
``(B) If additional funds become available for making
payments under paragraph (2)(B) for such fiscal year,
allotments that were reduced under subparagraph (A) shall be
increased on the same basis as such allotments were reduced.
``(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any fiscal year
to carry out this part which the Secretary determines will not be
required for that fiscal year to carry out this part shall be available
for reallotment from time to time, on such dates during that year as
the Secretary may determine, to other State educational agencies in
proportion to the original allotments to those State educational
agencies under subsection (b) for that year but with such proportionate
amount for any of those other State educational agencies being reduced
to the extent it exceeds the sum the Secretary estimates that the State
educational agency needs and will be able to use for that year, and the
total of those reductions shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so reduced.
Any amounts reallotted to a State educational agency under this
subsection during a year shall be deemed a part of the State
educational agency's allotment under subsection (b) for that year.
``(d) Definition.--For the purposes of this part the term `State'
means each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(e) Data.--The number of children aged 5 to 17, inclusive, in the
State and in all States shall be determined by the Secretary on the
basis of the most recent satisfactory data available to the Secretary.
``SEC. 10505. STATE APPLICATION.
``(a) Application.--Each State educational agency desiring to
receive an allotment under this part shall file an application with the
Secretary which covers a period of 5 fiscal years. Such application
shall be filed at such time, in such manner, and containing or
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Each application described in
subsection (a) shall--
``(1) provide assurances that--
``(A) the State educational agency shall use the
allotment provided under this part to award grants to
local educational agencies within the State to enable
such local educational agencies to provide assistance
to schools served by such agency to carry out the
purpose of this part;
``(B) the State educational agency will provide
such fiscal control and funds accounting as the
Secretary may require;
``(C) every public elementary school in the State
is eligible to receive assistance under this part once
over the 5-year duration of the program assisted under
this part;
``(D) funds provided under this part will
supplement, not supplant, State and local funds made
available for activities authorized under this part;
``(E) during the 5-year period described in the
application, the State educational agency will evaluate
its standards and programs for teacher preparation and
inservice professional development for elementary
mathematics and science;
``(F) the State educational agency will take into
account the needs for greater access to and
participation in mathematics and science by students
and teachers from historically underrepresented groups,
including females, minorities, individuals with limited
English proficiency, the economically disadvantaged,
and individuals with disabilities; and
``(G) that the needs of teachers and students in
areas with high concentrations of low-income students
and sparsely populated areas will be given priority in
awarding assistance under this part;
``(2) provide, if appropriate, a description of how funds
paid under this part will be coordinated with State and local
funds and other Federal resources, particularly with respect to
programs for the professional development and inservice
training of elementary school teachers in science and
mathematics; and
``(3) describe procedures--
``(A) for submitting applications for programs
described in section 10506 for distribution of
assistance under this part within the State; and
``(B) for approval of applications by the State
educational agency, including appropriate procedures to
assure that such agency will not disapprove an
application without notice and opportunity for a
hearing.
``(c) State Administration.--Not more than 5 percent of the funds
allotted to each State educational agency under this part shall be used
for the administrative costs of such agency associated with carrying
out the program assisted under this part.
``SEC. 10506. LOCAL APPLICATION.
``(a) Application.--A local educational agency that desires to
receive a grant under this part shall submit an application to the
State educational agency. Each such application shall contain
assurances that each school served by the local educational agency
shall be eligible for assistance under this part only once.
``(b) Contents of Application.--Each application described in
subsection (a) shall--
``(1) describe how the local educational agency plans to
set priorities on the use and distribution among schools of
grant funds received under this part to meet the purpose of
this part;
``(2) include assurances that the local educational agency
has made every effort to match on a dollar-for-dollar basis
from private or public sources the funds received under this
part, except that no such application shall be penalized or
denied assistance under this part based on failure to provide
such matching funds;
``(3) describe, if applicable, how funds under this part
will be coordinated with State, local, and other Federal
resources, especially with respect to programs for the
professional development and inservice training of elementary
school teachers in science and mathematics; and
``(4) describe the process which will be used to determine
different levels of assistance to be awarded to schools with
different needs.
``(c) Priority.--In awarding grants under this part, the State
educational agency shall give priority to applications that--
``(1) assign highest priority to providing assistance to
schools which--
``(A) are most seriously underequipped; or
``(B) serve large numbers or percentages of
economically disadvantaged students;
``(2) are attentive to the needs of underrepresented groups
in science and mathematics;
``(3) demonstrate how science and mathematics equipment
will be part of a comprehensive plan of curriculum planning or
implementation and teacher training supporting hands-on
laboratory activities; and
``(4) assign priority to providing equipment and materials
for students in grades 1 through 6.
``SEC. 10507. PROGRAM REQUIREMENTS.
``(a) Coordination.--Each State educational agency receiving an
allotment under this part shall--
``(1) disseminate information to school districts and
schools, including private nonprofit elementary schools,
regarding the program assisted under this part;
``(2) evaluate applications of local educational agencies;
``(3) award grants to local educational agencies based on
the priorities described in section 10506(c); and
``(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
``(b) Limitations on Use of Funds.--
``(1) In general.--Except as provided in paragraph (2),
grant funds and matching funds under this part only shall be
used to purchase science equipment, science materials, or
mathematical manipulative materials and shall not be used for
computers, computer peripherals, software, textbooks, or staff
development costs.
``(2) Capital improvements.--Grant funds under this part
may not be used for capital improvements. Not more than 50
percent of any matching funds provided by the local educational
agency may be used for capital improvements of classroom
science facilities to support the hands-on instruction that
this part is intended to support, such as the installation of
electrical outlets, plumbing, lab tables or counters, or
ventilation mechanisms.
``SEC. 10508. FEDERAL ADMINISTRATION.
``(a) Technical Assistance and Evaluation Procedures.--The
Secretary shall provide technical assistance and, in consultation with
State and local representatives of the program assisted under this
part, shall develop procedures for State and local evaluations of the
programs assisted under this part.
``(b) Report.--The Secretary shall report to the Congress each year
on the program assisted under this part in accordance with section
10701.
``SEC. 10509. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $30,000,000 for fiscal
year 2002, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.''.
TITLE X--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
SEC. 1001. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES.
Title XI (20 U.S.C. 8401 et seq.) is amended to read as follows:
``TITLE XI--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 11001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free Schools and
Communities Act of 2000'.
``SEC. 11002. FINDINGS.
``The Congress finds as follows:
``(1) The seventh National Education Goal provides that by
the year 2000, all schools in America will be free of drugs and
violence and the unauthorized presence of firearms and alcohol,
and offer a disciplined environment that is conducive to
learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and increasingly
by students in elementary schools as well, constitutes a grave
threat to such students' physical and mental well-being, and
significantly impedes the learning process. For example, data
show that students who drink tend to receive lower grades and
are more likely to miss school because of illness than students
who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately 3,000,000 thefts
and violent crimes occur in or near our Nation's schools every
year, the equivalent of more than 16,000 incidents per school
day.
``(4) Violence that is linked to prejudice and intolerance
victimizes entire communities leading to more violence and
discrimination.
``(5) The tragic consequences of violence and the illegal
use of alcohol and drugs by students are felt not only by
students and such students' families, but by such students'
communities and the Nation, which can ill afford to lose such
students' skills, talents, and vitality.
``(6) While use of illegal drugs is a serious problem among
a minority of teenagers, alcohol use is far more widespread.
The proportion of high school students using alcohol, though
lower than a decade ago, remains unacceptably high. By the 8th
grade, 70 percent of youth report having tried alcohol and by
the 12th grade, about 88 percent have used alcohol. Alcohol use
by young people can and does have adverse consequences for
users, their families, communities, schools, and colleges.
``(7) Alcohol and tobacco are widely used by young people.
Such use can, and does, have adverse consequences for young
people, their families, communities, schools, and colleges.
Drug prevention programs for youth that address only controlled
drugs send an erroneous message that alcohol and tobacco do not
present significant problems, or that society is willing to
overlook their use. To be credible, messages opposing illegal
drug use by youth should address alcohol and tobacco as well.
``(8) Every day approximately 3,000 children start smoking.
Thirty percent of all secondary school seniors are smokers.
Half of all new smokers begin smoking before the age of 14, 90
percent of such smokers begin before the age of 21, and the
average age of the first use of smokeless tobacco is under the
age of 10. Use of tobacco products has been linked to serious
health problems. Drug education and prevention programs that
include tobacco have been effective in reducing teenage use of
tobacco.
``(9) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school safety
and to reduce the demand for and use of drugs throughout the
Nation. Schools and local organizations in communities
throughout the Nation have a special responsibility to work
together to combat the growing epidemic of violence and illegal
drug use and should measure the success of their programs
against clearly defined goals and objectives.
``(10) Students must take greater responsibility for their
own well-being, health, and safety if schools and communities
are to achieve the goals of providing a safe, disciplined, and
drug-free learning environment.
``SEC. 11003. PURPOSE.
``The purpose of this title is to support programs to meet the
seventh National Education Goal by preventing violence in and around
schools and by strengthening programs that prevent the illegal use of
alcohol, tobacco, and drugs, involve parents, and are coordinated with
related Federal, State, and community efforts and resources, through
the provision of Federal assistance to--
``(1) States for grants to local educational agencies and
educational service agencies and consortia of such agencies to
establish, operate, and improve local programs of school drug
and violence prevention, early intervention, rehabilitation
referral, and education in elementary and secondary schools
(including intermediate and junior high schools);
``(2) States for grants to, and contracts with, community-
based organizations and other public and private nonprofit
agencies and organizations for programs of drug and violence
prevention, early intervention, rehabilitation referral, and
education;
``(3) States for development, training, technical
assistance, and coordination activities;
``(4) public and private nonprofit organizations to conduct
training, demonstrations, and evaluation, and to provide
supplementary services for the prevention of drug use and
violence among students and youth; and
``(5) institutions of higher education to establish,
operate, expand, and improve programs of school drug and
violence prevention, education, and rehabilitation referral for
students enrolled in colleges and universities.
``SEC. 11004. FUNDING.
``There are authorized to be appropriated--
``(1) $440,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the four succeeding fiscal years,
for State grants under subpart 1; and
``(2) $155,000,000 for fiscal year 2002, and such sums as
may be necessary for each of the four succeeding fiscal years,
for national programs under subpart 2.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``Subpart 1--State Grants for Drug and Violence Prevention Programs
``SEC. 11011. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under section
11004(a) to carry out this subpart for each fiscal year, the
Secretary--
``(1) shall reserve 1 percent of such amount for grants
under this subpart to Guam, American Samoa, the Virgin Islands,
and the Commonwealth of the Northern Mariana Islands, to be
allotted in accordance with the Secretary's determination of
their respective needs;
``(2) shall reserve 1 percent of such amount for the
Secretary of the Interior to carry out programs under this part
for Indian youth;
``(3) may reserve not more than $1,000,000 for the national
impact evaluation required by section 11117(a); and
``(4) shall reserve 0.2 percent of such amount for programs
for Native Hawaiians under section 11118.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the
States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the
school-aged population of each State and the school-
aged population of all the States; and
``(B) one-half of such remainder according to the
ratio between the amount each State received under part
A of title I for the preceding year and the sum of such
amounts received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be
allotted under this subsection an amount that is less than one-
half of 1 percent of the total amount allotted to all the
States under this subsection.
``(3) Reallotment.--The Secretary may reallot any amount of
any allotment to a State if the Secretary determines that the
State will be unable to use such amount within two years of
such allotment. Such reallotments shall be made on the same
basis as allotments are made under paragraph (1).
``(4) Definitions.--For the purpose of this subsection--
``(A) the term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico; and
``(B) the term `local educational agency' includes
educational service agencies and consortia of such
agencies.
``SEC. 11112. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under section
11111 for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, in
accordance with the provisions of section 14306;
``(2) contains the results of the State's needs assessment
for drug and violence prevention programs, which shall be based
on the results of on-going State evaluation activities,
including data on the prevalence of drug use and violence by
youth in schools and communities;
``(3) contains assurances that the sections of the
application concerning the funds provided to the chief
executive officer and the State educational agency were
developed separately by such officer or agency, respectively,
but in consultation and coordination with appropriate State
officials and others, including the chief State school officer,
the chief executive officer, the head of the State alcohol and
drug abuse agency, the heads of the State health and mental
health agencies, the head of the State criminal justice
planning agency, the head of the State child welfare agency,
the head of the State board of education, or their designees,
and representatives of parents, students, and community-based
organizations;
``(4) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting a national impact
evaluation of programs required by section 11117(a); and
``(5) includes any other information the Secretary may
require.
``(b) State Educational Agency Funds.--A State's application under
this section shall also contain a comprehensive plan for the use of
funds under section 11113(a) by the State educational agency that
includes--
``(1) a statement of the State educational agency's
measurable goals and objectives for drug and violence
prevention and a description of the procedures such agency will
use for assessing and publicly reporting progress toward
meeting those goals and objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and violence
prevention programs conducted by local educational agencies in
accordance with section 11116;
``(3) a description of how the State educational agency
will use funds under section 11113(b);
``(4) a description of how the State educational agency
will coordinate such agency's activities under this subpart
with the chief executive officer's drug and violence prevention
programs under this subpart and with the prevention efforts of
other State agencies;
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 11113(d)(2)(A)(ii) and
how the supplemental funds will be allocated among such local
educational agencies; and
``(6) a description of the procedures the State educational
agency will use to review applications from local educational
agencies under section 11115.
``(c) Governor's Funds.--A State's application under this section
shall also contain a comprehensive plan for the use of funds under
section 11114(a) by the chief executive officer that includes--
``(1) a statement of the chief executive officer's
measurable goals and objectives for drug and violence
prevention and a description of the procedures to be used for
assessing and publicly reporting progress toward meeting such
goals and objectives;
``(2) a description of how the chief executive officer will
coordinate such officer's activities under this part with the
State educational agency and other State agencies and
organizations involved with drug and violence prevention
efforts;
``(3) a description of how funds reserved under section
11114(a) will be used so as not to duplicate the efforts of the
State educational agency and local educational agencies with
regard to the provision of school-based prevention efforts and
services and how those funds will be used to serve populations
not normally served by the State educational agency, such as
school dropouts and youth in detention centers;
``(4) a description of how the chief executive officer will
award funds under section 11114(a) and a plan for monitoring
the performance of, and providing technical assistance to,
recipients of such funds;
``(5) a description of the special outreach activities that
will be carried out to maximize the participation of community-
based organizations of demonstrated effectiveness which provide
services in low-income communities; and
``(6) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning.
``(d) Peer Review.--The Secretary shall use a peer review process
in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other provisions of
this section, a State may submit for fiscal year 2002 a one-year
interim application and plan for the use of funds under this subpart
that are consistent with the requirements of this section and contain
such information as the Secretary may specify in regulations. The
purpose of such interim application and plan shall be to afford the
State the opportunity to fully develop and review such State's
application and comprehensive plan otherwise required by this section.
A State may not receive a grant under this subpart for a fiscal year
subsequent to fiscal year 2001 unless the Secretary has approved such
State's application and comprehensive plan in accordance with this
subpart.
``SEC. 11113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), an
amount equal to 80 percent of the total amount allocated to a
State under section 11111 for each fiscal year shall be used by
the State educational agency and its local educational agencies
for drug and violence prevention activities in accordance with
this section.
``(2) Exception.--(A) If a State has, on or before January
1, 2002, established an independent State agency for the
purpose of administering all of the funds described in section
5121 of this Act (as such section was in effect on the day
preceding the date of the enactment of the Improving America's
Schools Act of 1994), then--
``(i) an amount equal to 80 percent of the total
amount allocated to such State under section 11111 for
each fiscal year shall be used by the State educational
agency and its local educational agencies for drug and
violence prevention activities in accordance with this
section; and
``(ii) an amount equal to 20 percent of such total
amount shall be used by such independent State agency
for drug and violence prevention activities in
accordance with this section.
``(B) Not more than 5 percent of the amount reserved under
subparagraph (A)(ii) may be used for administrative costs of
the independent State agency incurred in carrying out the
activities described in such subparagraph.
``(C) For purposes of this paragraph, the term `independent
State agency' means an independent agency with a board of
directors or a cabinet level agency whose chief executive
officer is appointed by the chief executive officer of the
State and confirmed with the advice and consent of the senate
of such State.
``(b) State Level Programs.--
``(1) In general.--A State educational agency shall use not
more than 5 percent of the amount available under subsection
(a) for activities such as--
``(A) training and technical assistance concerning
drug and violence prevention for local educational
agencies and educational service agencies, including
teachers, administrators, coaches and athletic
directors, other staff, parents, students, community
leaders, health service providers, local law
enforcement officials, and judicial officials;
``(B) the development, identification,
dissemination, and evaluation of the most readily
available, accurate, and up-to-date curriculum
materials (including videotapes, software, and other
technology-based learning resources), for consideration
by local educational agencies;
``(C) making available to local educational
agencies cost effective programs for youth violence and
drug abuse prevention;
``(D) demonstration projects in drug and violence
prevention;
``(E) training, technical assistance, and
demonstration projects to address violence associated
with prejudice and intolerance;
``(F) financial assistance to enhance resources
available for drug and violence prevention in areas
serving large numbers of economically disadvantaged
children or sparsely populated areas, or to meet other
special needs consistent with the purposes of this
subpart; and
``(G) the evaluation of activities carried out
within the State under this part.
``(2) Special rule.--A State educational agency may carry
out activities under this subsection directly, or through
grants or contracts.
``(c) State Administration.--A State educational agency may use not
more than 4 percent of the amount reserved under subsection (a) for the
administrative costs of carrying out its responsibilities under this
part.
``(d) Local Educational Agency Programs.--
``(1) In general.--A State educational agency shall
distribute not less than 91 percent of the amount made
available under subsection (a) for each fiscal year to local
educational agencies in accordance with this subsection.
``(2) Distribution.--(A) Of the amount distributed under
paragraph (1), a State educational agency shall distribute--
``(i) 70 percent of such amount to local
educational agencies, based on the relative enrollments
in public and private nonprofit elementary and
secondary schools within the boundaries of such
agencies; and
``(ii) 30 percent of such amount to local
educational agencies that the State educational agency
determines have the greatest need for additional funds
to carry out drug and violence prevention programs
authorized by this subpart.
``(B) Where appropriate and to the extent consistent with
the needs assessment conducted by the State, not less than 25
percent of the amount distributed under subparagraph (A)(ii)
for a fiscal year shall be distributed to local educational
agencies located in rural and urban areas.
``(C)(i) A State educational agency shall distribute funds
under subparagraph (A)(ii) to not more than 10 percent of the
local educational agencies in the State, or five such agencies,
whichever is greater.
``(ii) In determining which local educational agencies have
the greatest need for additional funds, the State educational
agency shall consider objective data such as--
``(I) high rates of alcohol or drug use among
youth;
``(II) high rates of victimization of youth by
violence and crime;
``(III) high rates of arrests and convictions of
youth for violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high incidence of violence associated with
prejudice and intolerance;
``(VI) high rates of referrals of youths to drug
and alcohol abuse treatment and rehabilitation
programs;
``(VII) high rates of referrals of youths to
juvenile court;
``(VIII) high rates of expulsions and suspensions
of students from schools; and
``(IX) high rates of reported cases of child abuse
and domestic violence.
``(e) Reallocation of Funds.--If a local educational agency chooses
not to apply to receive the amount allocated to such agency under
subsection (d), or if such agency's application under section 11115 is
disapproved by the State educational agency, the State educational
agency shall reallocate such amount to one or more of the local
educational agencies determined by the State educational agency under
subsection (d)(2)(C)(ii) to have the greatest need for additional
funds.
``(f) Return of Funds to State Educational Agency; Reallocation.--
``(1) Return.--Except as provided in paragraph (2), upon
the expiration of the 1-year period beginning on the date that
a local educational agency or educational service agency under
this title receives its allocation under this title--
``(A) such agency shall return to the State
educational agency any funds from such allocation that
remain unobligated; and
``(B) the State educational agency shall reallocate
any such amount to local educational agencies or
educational service agencies that have plans for using
such amount for programs or activities on a timely
basis.
``(2) Reallocation.--In any fiscal year, a local
educational agency, may retain for obligation in the succeeding
fiscal year--
``(A) an amount equal to not more than 25 percent
of the allocation it receives under this title for such
fiscal year; or
``(B) upon a demonstration of good cause by such
agency or consortium, a greater amount approved by the
State educational agency.
``SEC. 11114. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--An amount equal to 20 percent of the
total amount allocated to a State under section 11111(1) for
each fiscal year shall be used by the chief executive officer
of such State for drug and violence prevention programs and
activities in accordance with this section.
``(2) Law enforcement education partnerships.--A chief
executive officer shall use not less than 10 percent of the 20
percent of the total amount described in paragraph (1) for each
fiscal year for law enforcement education partnerships in
accordance with subsection (d).
``(3) Administrative costs.--A chief executive officer may
use not more than 5 percent of the 20 percent of the total
amount described in paragraph (1) for the administrative costs
incurred in carrying out the duties of such officer under this
section.
``(b) Programs Authorized.--
``(1) In general.--A chief executive officer shall use
funds made available under subsection (a)(1) for grants to or
contracts with parent groups, community action and job training
agencies, community-based organizations, and other public
entities and private nonprofit organizations and consortia
thereof. In making such grants and contracts, a chief executive
officer shall give priority to programs and activities
described in subsection (c) for--
``(A) children and youth who are not normally
served by State or local educational agencies; or
``(B) populations that need special services or
additional resources (such as preschoolers, youth in
juvenile detention facilities, runaway or homeless
children and youth, pregnant and parenting teenagers,
and school dropouts).
``(2) Peer review.--Grants or contracts awarded under this
subsection shall be subject to a peer review process.
``(c) Authorized Activities.--Grants and contracts under subsection
(b) shall be used for programs and activities such as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers
and community leaders about drug and violence prevention,
comprehensive health education, early intervention, pupil
services, or rehabilitation referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link community
resources with schools and integrate services involving
education, vocational and job skills training and placement,
law enforcement, health, mental health, community service,
mentoring, and other appropriate services;
``(4) planning and implementing drug and violence
prevention activities that coordinate the efforts of State
agencies with efforts of the State educational agency and its
local educational agencies;
``(5) activities to protect students traveling to and from
school;
``(6) before-and-after school recreational, instructional,
cultural, and artistic programs that encourage drug- and
violence-free lifestyles;
``(7) activities that promote the awareness of and
sensitivity to alternatives to violence through courses of
study that include related issues of intolerance and hatred in
history;
``(8) developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
``(9) developing and implementing strategies to prevent
illegal gang activity;
``(10) coordinating and conducting community-wide violence
and safety assessments and surveys;
``(11) service-learning projects that encourage drug- and
violence-free lifestyles; and
``(12) evaluating programs and activities assisted under
this section.
``(d) Law Enforcement Education Partnerships.--A chief executive
officer shall use funds under subsection (a)(2) to award grants to
State, county or local law enforcement agencies (including district
attorneys) in consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse and violence
prevention activities, such as--
``(1) Project Drug Abuse Resistance Education and other
programs which provide classroom instruction by uniformed law
enforcement officials that is designed to teach students to
recognize and resist pressures to experiment that influence
such children to use controlled substances or alcohol;
``(2) Project Legal Lives and other programs in which
district attorneys provide classroom instruction in the law and
legal system which emphasizes interactive learning techniques,
such as mock trial competitions;
``(3) partnerships between law enforcement and child
guidance professionals; and
``(4) before- and after-school activities.
``SEC. 11115. LOCAL APPLICATIONS.
``(a) Application Required.--
``(1) In general.--In order to be eligible to receive a
distribution under section 11113(d) for any fiscal year, a
local educational agency shall submit, at such time as the
State educational agency requires, an application to the State
educational agency for approval. Such an application shall be
amended, as necessary, to reflect changes in the local
educational agency's program.
``(2) Development.--(A) A local educational agency shall
develop its application under subsection (a)(1) in consultation
with a local or substate regional advisory council that
includes, to the extent possible, representatives of local
government, business, parents, students, teachers, pupil
services personnel, appropriate State agencies, private
schools, the medical profession, law enforcement, community-
based organizations, and other groups with interest and
expertise in drug and violence prevention.
``(B) In addition to assisting the local educational agency
to develop an application under this section, the advisory
council established or designated under subparagraph (A) shall,
on an ongoing basis--
``(i) disseminate information about drug and
violence prevention programs, projects, and activities
conducted within the boundaries of the local
educational agency;
``(ii) advise the local educational agency
regarding--
``(I) how best to coordinate such agency's
activities under this subpart with other
related programs, projects, and activities; and
``(II) the agencies that administer such
programs, projects, and activities; and
``(iii) review program evaluations and other
relevant material and make recommendations to the local
educational agency on how to improve such agency's drug
and violence prevention programs.
``(b) Contents of Applications.--An application under this section
shall contain--
``(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and controlled,
illegal, addictive or harmful substances as well as the
violence, safety, and discipline problems among students who
attend the schools of the applicant (including private school
students who participate in the applicant's drug and violence
prevention program) that is based on ongoing local assessment
or evaluation activities;
``(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence prevention,
which shall include a description of--
``(A) how the plan will be coordinated with
programs under this Act, the Goals 2000: Educate
America Act, and other Acts, as appropriate, in
accordance with the provisions of section 14306;
``(B) the local educational agency's measurable
goals for drug and violence prevention, and a
description of how such agency will assess and publicly
report progress toward attaining these goals;
``(C) how the local educational agency will use its
distribution under this subpart;
``(D) how the local educational agency will
coordinate such agency's programs and projects with
community-wide efforts to achieve such agency's goals
for drug and violence prevention; and
``(E) how the local educational agency will
coordinate such agency's programs and projects with
other Federal, State, and local programs for drug-abuse
prevention, including health programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--
``(1) In general.--In reviewing local applications under
this section, a State educational agency shall use a peer
review process or other methods of assuring the quality of such
applications.
``(2) Considerations.--(A) In determining whether to
approve the application of a local educational agency under
this section, a State educational agency shall consider the
quality of the local educational agency's comprehensive plan
under subsection (b)(2) and the extent to which such plan is
coordinated with programs under this Act, the Goals 2000:
Educate America Act, in accordance with the provisions of
section 14306.
``(B) A State educational agency may disapprove a local
educational agency application under this section in whole or
in part and may withhold, limit, or place restrictions on the
use of funds allotted to such a local educational agency in a
manner the State educational agency determines will best
promote the purposes of this part, except that a local
educational agency shall be afforded an opportunity to appeal
any such disapproval.
``SEC. 11116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency shall use
funds received under this subpart to adopt and carry out a
comprehensive drug and violence prevention program which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution
of tobacco, alcohol, and illegal drugs by students and
to prevent the illegal use, possession, and
distribution of such substances by employees;
``(B) prevent violence and promote school safety;
and
``(C) create a disciplined environment conducive to
learning; and
``(2) include activities to promote the involvement of
parents and coordination with community groups and agencies,
including the distribution of information about the local
educational agency's needs, goals, and programs under this
subpart.
``(b) Authorized Activities.--A comprehensive drug and violence
prevention program carried out under this subpart may include--
``(1) age-appropriate, developmentally based drug
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
social, personal and health consequences of the use of illegal
drugs, promote a sense of individual responsibility, and
provide information about effective techniques for resisting
peer pressure to use illegal drugs;
``(2) programs of drug prevention, comprehensive health
education, early intervention, pupil services, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, health service providers
and community leaders in prevention, education, early
intervention, pupil services or rehabilitation
referral; and
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a
variety of providers, to combat illegal alcohol,
tobacco and drug use, such as--
``(i) family counseling;
``(ii) early intervention activities that
prevent family dysfunction, enhance school
performance, and boost attachment to school and
family; and
``(iii) activities, such as community
service and service-learning projects, that are
designed to increase students' sense of
community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal,
health, personal, and social consequences of violent and
disruptive behavior, including sexual harassment and abuse, and
victimization associated with prejudice and intolerance, and
that include activities designed to help students develop a
sense of individual responsibility and respect for the rights
of others, and to resolve conflicts without violence;
``(4) violence prevention programs for school-aged youth,
which emphasize students' sense of individual responsibility
and may include--
``(A) the dissemination of information about school
safety and discipline;
``(B) the professional development of school
personnel, parents, students, law enforcement
officials, judicial officials, and community leaders in
designing and implementing strategies to prevent school
violence;
``(C) the implementation of strategies, such as
conflict resolution and peer mediation, student
outreach efforts against violence, anti-crime youth
councils (which work with school and community-based
organizations to discuss and develop crime prevention
strategies), and the use of mentoring programs, to
combat school violence and other forms of disruptive
behavior, such as sexual harassment and abuse; and
``(D) the development and implementation of
character education programs, as a component of a
comprehensive drug or violence prevention program, that
are tailored by communities, parents and schools; and
``(E) comprehensive, community-wide strategies to
prevent or reduce illegal gang activities;
``(5) supporting ``safe zones of passage'' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols;
``(6) acquiring and installing metal detectors and hiring
security personnel;
``(7) professional development for teachers and other staff
and curricula that promote the awareness of and sensitivity to
alternatives to violence through courses of study that include
related issues of intolerance and hatred in history;
``(8) the promotion of before-and-after school
recreational, instructional, cultural, and artistic programs in
supervised community settings;
``(9) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use alcohol
or other drugs, which may include activities such as classroom
instruction by uniformed law enforcement officers, resistance
techniques, resistance to peer pressure and gang pressure, and
provision for parental involvement; and
``(10) the evaluation of any of the activities authorized
under this subsection.
``(c) Limitations.--
``(1) In general.--Not more than 20 percent of the funds
made available to a local educational agency under this
subpart may be used to carry out the activities described in paragraphs
(5) and (6) of subsection (b).
``(2) Special rule.--A local educational agency shall only
be able to use funds received under this subpart for activities
described in paragraphs (5) and (6) of subsection (b) if
funding for such activities is not received from other Federal
agencies.
``SEC. 11117. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--
``(1) Biennial evaluation.--The Secretary, in consultation
with the Secretary of Health and Human Services, the Director
of the Office of National Drug Control Policy, and the Attorney
General, shall conduct an independent biennial evaluation of
the national impact of programs assisted under this subpart and
of other recent and new initiatives to combat violence in
schools and submit a report of the findings of such evaluation
to the President and the Congress.
``(2) Data collection.--(A) The National Center for
Education Statistics shall collect data to determine the
frequency, seriousness, and incidence of violence in elementary
and secondary schools in the States. The Secretary shall
collect the data using, wherever appropriate, data submitted by
the States pursuant to subsection (b)(2)(B).
``(B) Not later than January 1, 2004, the Secretary shall
submit to the Congress a report on the data collected under
this subsection, together with such recommendations as the
Secretary determines appropriate, including estimated costs for
implementing any recommendation.
``(b) State Report.--
``(1) In general.--By October 1, 2003, and every third year
thereafter, the chief executive officer of the State, in
cooperation with the State educational agency, shall submit to
the Secretary a report--
``(A) on the implementation and outcomes of State
programs under section 11114 and section 11113(b) and
local educational agency programs under section
11113(d), as well as an assessment of their
effectiveness; and
``(B) on the State's progress toward attaining its
goals for drug and violence prevention under
subsections (b)(1) and (c)(1) of section 11112.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation
activities, and shall include data on the prevalence of
drug use and violence by youth in schools and
communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local educational
agency receiving funds under this subpart shall submit to the State
educational agency such information, and at such intervals, that the
State requires to complete the State report required by subsection (b),
including information on the prevalence of drug use and violence by
youth in the schools and the community. Such information shall be made
readily available to the public.
``SEC. 11118. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds made available pursuant to
section 11111(a)(4) to carry out this section, the Secretary shall make
grants to or enter into cooperative agreements or contracts with
organizations primarily serving and representing Native Hawaiians which
are recognized by the Governor of the State of Hawaii to plan, conduct,
and administer programs, or portions thereof, which are authorized by
and consistent with the provisions of this title for the benefit of
Native Hawaiians.
``(b) Definition of Native Hawaiian.--For the purposes of this
section, the term `Native Hawaiian' means any individual any of whose
ancestors were natives, prior to 1778, of the area which now comprises
the State of Hawaii.
``Subpart 2--National Programs
``SEC. 11121. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds made available to carry out
this subpart under section 11004(2), the Secretary, in consultation
with the Secretary of Health and Human Services, the Director of the
Office of National Drug Control Policy, the Chair of the Ounce of
Prevention Council, and the Attorney General, shall carry out programs
to prevent the illegal use of drugs and violence among, and promote
safety and discipline for, students at all educational levels from
preschool through the postsecondary level. The Secretary shall carry
out such programs directly, or through grants, contracts, or
cooperative agreements with public and private nonprofit organizations
and individuals, or through agreements with other Federal agencies, and
shall coordinate such programs with other appropriate Federal
activities. Such programs may include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and members
of the community, including the demonstration of model
preservice training programs for prospective school personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention;
``(3) the provision of information on drug abuse education
and prevention to the Secretary of Health and Human Services
for dissemination by the clearinghouse for alcohol and drug
abuse information established under section 501(d)(16) of the
Public Health Service Act;
``(4) the development of curricula related to child abuse
prevention and education and the training of personnel to teach
child abuse education and prevention to elementary and
secondary schoolchildren;
``(5) program evaluations in accordance with section 14701
that address issues not addressed under section 11117(a);
``(6) direct services to schools and school systems
afflicted with especially severe drug and violence problems;
``(7) activities in communities designated as empowerment
zones or enterprise communities that will connect schools to
community-wide efforts to reduce drug and violence problems;
``(8) developing and disseminating drug and violence
prevention materials, including video-based projects and model
curricula;
``(9) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may
include conflict resolution, peer mediation, the teaching of
law and legal concepts, and other activities designed to stop
violence;
``(10) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and
healthy neighborhoods and increase students' sense of
individual responsibility;
``(11) grants to noncommercial telecommunications entities
for the production and distribution of national video-based
projects that provide young people with models for conflict
resolution and responsible decisionmaking;
``(12) the development of education and training programs,
curricula, instructional materials, and professional training
and development for preventing and reducing the incidence of
crimes and conflicts motivated by hate in localities most
directly affected by hate crimes; and
``(13) other activities that meet unmet national needs
related to the purposes of this title.
``(b) Peer Review.--The Secretary shall use a peer review process
in reviewing applications for funds under this section.
``SEC. 11123. HATE CRIME PREVENTION.
``(a) Grant Authorization.--From funds made available to carry out
this subpart under section 11004(1) the Secretary may make grants to
local educational agencies and community-based organizations for the
purpose of providing assistance to localities most directly affected by
hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may
be used to improve elementary and secondary educational
efforts, including--
``(A) development of education and training
programs designed to prevent and to reduce the
incidence of crimes and conflicts motivated by hate;
``(B) development of curricula for the purpose of
improving conflict or dispute resolution skills of
students, teachers, and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or
otherwise be part of, hate crime or conflict programs;
and
``(D) professional training and development for
teachers and administrators on the causes, effects, and
resolutions of hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency, or a local educational agency in
conjunction with a community-based organization, shall submit
an application to the Secretary in such form and containing
such information as the office may reasonably require.
``(3) Requirements.--Each application under paragraph (2)
shall include--
``(A) a request for funds for the purposes
described in this section;
``(B) a description of the schools and communities
to be served by the grants; and
``(C) assurances that Federal funds received under
this section shall be used to supplement, not supplant,
non-Federal funds.
``(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict
problems within the schools or the community targeted
for assistance;
``(B) a description of the program to be developed
or augmented by such Federal and matching funds;
``(C) assurances that such program or activity
shall be administered by or under the supervision of
the applicant;
``(D) proper and efficient administration of such
program; and
``(E) fiscal control and fund accounting procedures
as may be necessary to ensure prudent use, proper
disbursement, and accurate accounting of funds received
under this section.
``(c) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts motivated by
bias in the targeted schools and communities in awarding grants
under this section.
``(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
programs, including programs established or expanded with
grants under this section.
``(d) Reports.--The Secretary shall submit to the Congress a report
every two years which shall contain a detailed statement regarding
grants and awards, activities of grant recipients, and an evaluation of
programs established under this section.
``Subpart 3--General Provisions
``SEC. 11131. DEFINITIONS.
``For the purposes of this part:
``(1) Community-based organization.--The term `community-
based organization' means a private nonprofit organization
which is representative of a community or significant segments
of a community and which provides educational or related
services to individuals in the community.
``(2) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education
related to the illegal use of alcohol and the use of
controlled, illegal, addictive, or harmful substances,
including inhalants and anabolic steroids;
``(B) prevention, early intervention, smoking
cessation activities, or education, related to the use
of tobacco by children and youth eligible for services
under this title; and
``(C) with respect to violence, the promotion of
school safety, such that students and school personnel
are free from violent and disruptive acts, including
sexual harassment and abuse, and victimization
associated with prejudice and intolerance, on school
premises, going to and from school, and at school-
sponsored activities, through the creation and
maintenance of a school environment that is free of
weapons and fosters individual responsibility and
respect for the rights of others.
``(3) Hate crime.--The term `hate crime' means a crime as
described in section 1(b) of the Hate Crime Statistics Act of
1990.
``(4) Nonprofit.--The term `nonprofit', as applied to a
school, agency, organization, or institution means a school,
agency, organization, or institution owned and operated by one
or more nonprofit corporations or associations, no part of the net
earnings of which inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
``(5) School-aged population.--The term `school-aged
population' means the population aged five through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(6) School personnel.--The term `school personnel'
includes teachers, administrators, guidance counselors, social
workers, psychologists, nurses, librarians, and other support
staff who are employed by a school or who perform services for
the school on a contractual basis.
``SEC. 11132. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention programs
supported under this part shall convey a clear and consistent message
that the illegal use of alcohol and other drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part, but may
evaluate the effectiveness of such curricula and other strategies in
drug and violence prevention.
``SEC. 11133. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this part); and
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for students
who are victims of or witnesses to crime or who use alcohol,
tobacco, or drugs.
``SEC. 11134. QUALITY RATING.
``(a) In General.--The chief executive officer of each State, or in
the case of a State in which the constitution or law of such State
designates another individual, entity, or agency in the State to be
responsible for education activities, such individual, entity, or
agency, is authorized and encouraged--
``(1) to establish a standard of quality for drug, alcohol,
and tobacco prevention programs implemented in public
elementary schools and secondary schools in the State in
accordance with subsection (b); and
``(2) to identify and designate, upon application by a
public elementary school or secondary school, any such school
that achieves such standard as a quality program school.
``(b) Criteria.--The standard referred to in subsection (a) shall
address, at a minimum--
``(1) a comparison of the rate of illegal use of drugs,
alcohol, and tobacco by students enrolled in the school for a
period of time to be determined by the chief executive officer
of the State;
``(2) the rate of suspensions or expulsions of students
enrolled in the school for drug, alcohol, or tobacco-related
offenses;
``(3) the effectiveness of the drug, alcohol, or tobacco
prevention program as proven by research;
``(4) the involvement of parents and community members in
the design of the drug, alcohol, and tobacco prevention
program; and
``(5) the extent of review of existing community drug,
alcohol, and tobacco prevention programs before implementation
of the public school program.
``(c) Request for Quality Program School Designation.--A school
that wishes to receive a quality program school designation shall
submit a request and documentation of compliance with this section to
the chief executive officer of the State or the individual, entity, or
agency described in subsection (a), as the case may be.
``(d) Public Notification.--Not less than once a year, the chief
executive officer of each State or the individual, entity, or agency
described in subsection (a), as the case may be, shall make available
to the public a list of the names of each public school in the State
that has received a quality program school designation in accordance
with this section.''.
TITLE XI--PROGRAMS OF NATIONAL SIGNIFICANCE
SEC. 1101. PROGRAMS OF NATIONAL SIGNIFICANCE.
Title XII (20 U.S.C. 8501 et seq.) is amended to read as follows:
``TITLE XII--PROGRAMS OF NATIONAL SIGNIFICANCE
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 12101. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under subsection
(d), the Secretary is authorized to support nationally significant
programs and projects to improve the quality of education, assist all
students to meet challenging State content standards and challenging
State student performance standards, and contribute to achievement of
the National Education Goals. The Secretary is authorized to carry out
such programs and projects directly or through grants to, or contracts
with, State and local educational agencies, institutions of higher
education, and other public and private agencies, organizations, and
institutions.
``(b) Uses of Funds.--
``(1) In general.--Funds under this section may be used
for--
``(A) activities that will promote systemic
education reform at the State and local levels, such
as--
``(i) research and development related to
challenging State content and challenging State
student performance standards;
``(ii) the development and evaluation of
model strategies for--
``(I) assessment of student
learning;
``(II) professional development for
teachers and administrators;
``(III) parent and community
involvement; and
``(IV) other aspects of systemic
reform;
``(iii) developing and evaluating
strategies for eliminating ability-grouping
practices, and developing policies and programs
that place all students on a college-
preparatory path of study, particularly in
academic fields such as mathematics, science,
English, and social studies, including
comprehensive inservice programs for teachers
and pupil services personnel and academic
enrichment programs that supplement regular
courses for students;
``(iv) developing and evaluating programs
that directly involve parents and family
members in the academic progress of their
children;
``(v) developing and evaluating strategies
for integrating instruction and assessment such
that teachers and administrators can focus on
what students should know and be able to do at
particular grade levels, which instruction
shall promote the synthesis of knowledge,
encourage the development of problem-solving
skills drawing on a vast range of disciplines,
and promote the development of higher order
thinking by all students; and
``(vi) developing and evaluating strategies
for supporting professional development for
teachers across all disciplines and for pupil
services personnel, guidance counselors, and
administrators, including inservice training
that improves the skills of pupil services
personnel, counselors and administrators for
working with students from diverse populations;
``(B) demonstrations at the State and local levels
that are designed to yield nationally significant
results, including approaches to public school choice
and school-based decisionmaking;
``(C) joint activities with other agencies to
assist the effort to achieve the National Education
Goals, including activities related to improving the
transition from preschool to school and from school to
work, as well as activities related to the integration
of education and health and social services;
``(D) activities to promote and evaluate counseling
and mentoring for students, including intergenerational
mentoring;
``(E) activities to promote and evaluate
coordinated pupil services programs;
``(F) activities to promote comprehensive health
education;
``(G) activities to promote environmental
education;
``(H) activities to promote consumer, economic, and
personal finance education, such as saving, investing,
and entrepreneurial education;
``(I) activities to promote programs to assist
students to demonstrate competence in foreign
languages;
``(J) studies and evaluation of various education
reform strategies and innovations being pursued by the
Federal Government, States, and local educational
agencies;
``(K) activities to promote metric education;
``(L) the identification and recognition of
exemplary schools and programs, such as Blue Ribbon
Schools;
``(M) programs designed to promote gender equity in
education by evaluating and eliminating gender bias in
instruction and educational materials, identifying, and
analyzing gender inequities in educational practices,
and implementing and evaluating educational policies
and practices designed to achieve gender equity;
``(N) programs designed to reduce excessive student
mobility, retain students who move within a school
district at the same school, educate parents about the
effect of mobility on a child's education and encourage
parents to participate in school activities;
``(O) experiential-based learning, such as service-
learning;
``(P) the development and expansion of public-
private partnership programs which extend the learning
experience, via computers, beyond the classroom
environment into student homes through such programs as
the Buddy System Computer Project;
``(Q) other programs and projects that meet the
purposes of this section;
``(R) activities to promote child abuse education
and prevention programs;
``(S) activities to raise standards and
expectations for academic achievement among all
students, especially disadvantaged students
traditionally underserved in schools;
``(T) activities to provide the academic support,
enrichment and motivation to enable all students to
reach such standards;
``(U) demonstrations relating to the planning and
evaluations of the effectiveness of projects under
which local educational agencies or schools contract
with private management organizations to reform a
school or schools;
``(V) demonstrations that are designed to test
whether prenatal and counseling provided to pregnant
students may have a positive effect on pregnancy
outcomes, with such education and counseling
emphasizing the importance of prenatal care, the value
of sound diet and nutrition habits, and the harmful
effects of smoking, alcohol, and substance abuse on
fetal development;
``(W) programs under section 12102;
``(X) programs under section 12103;
``(Y) programs under section 12104; and
``(Z) programs under section 12105;
``(2) Additional uses.--The Secretary may also use funds
under this section to complete the project periods for direct
grants or contracts awarded under the provisions of this Act,
the Fund for the Improvement and Reform of Schools and Teaching
Act, or title III of the Education for Economic Security Act,
as such Acts were in effect on the day preceding the date of
the enactment of the Improving America's Schools Act of 1994.
``(3) Special rule.--The Secretary shall not make available
more than $1,000,000 to carry out paragraph (1)(R), nor more
than $1,000,000 to carry out paragraph (1)(V) during the period
beginning on October 1, 2002, through September 30, 2007.
``(c) Awards.--
``(1) In general.--The Secretary may--
``(A) make awards under this section on the basis
of competitions announced by the Secretary; and
``(B) support meritorious unsolicited proposals.
``(2) Special rule.--The Secretary shall ensure that
programs, projects, and activities supported under this section
are designed so that the effectiveness of such programs,
projects, and activities is readily ascertainable.
``(3) Peer review.--The Secretary shall use a peer review
process in reviewing applications for assistance under this
section and may use funds appropriated under subsection (d) for
the cost of such peer review.
``(d) Authorization.--For the purpose of carrying out this section,
there are authorized to be appropriated $250,000,000 for fiscal year
2002 and such sums as may be necessary for each of the four succeeding
fiscal years.
``SEC. 12102. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.
``(a) Counseling Demonstration.--
``(1) In general.--The Secretary may award grants under
this section to establish or expand elementary school
counseling programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs that--
``(A) demonstrate the greatest need for new or
additional counseling services among the children in
the elementary schools served by the applicant;
``(B) propose the most promising and innovative
approaches for initiating or expanding elementary
school counseling; and
``(C) show the greatest potential for replication
and dissemination.
``(3) Equitable distribution.--In awarding grants under
this section, the Secretary shall ensure an equitable
geographic distribution among the regions of the United States
and among urban, suburban, and rural areas.
``(4) Duration.--A grant under this section shall be
awarded for a period not to exceed three years.
``(5) Maximum grant.--A grant under this section shall not
exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the elementary school population to
be targeted by the program, the particular personal,
social, emotional, educational, and career development
needs of such population, and the current school
counseling resources available for meeting such needs;
``(B) describe the activities, services, and
training to be provided by the program and the specific
approaches to be used to meet the needs described in
subparagraph (A);
``(C) describe the methods to be used to evaluate
the outcomes and effectiveness of the program;
``(D) describe the collaborative efforts to be
undertaken with institutions of higher education,
businesses, labor organizations, community groups,
social service agencies, and other public or private
entities to enhance the program and promote school-
linked services integration;
``(E) describe collaborative efforts with
institutions of higher education which specifically
seek to enhance or improve graduate programs
specializing in the preparation of elementary school
counselors, school psychologists, and school social
workers;
``(F) document that the applicant has the personnel
qualified to develop, implement, and administer the
program;
``(G) describe how any diverse cultural
populations, if applicable, would be served through the
program;
``(H) assure that the funds made available under
this part for any fiscal year will be used to
supplement and, to the extent practicable, increase the
level of funds that would otherwise be available from
non-Federal sources for the program described in the
application, and in no case supplant such funds from
non-Federal sources; and
``(I) assure that the applicant will appoint an
advisory board composed of parents, school counselors,
school psychologists, school social workers, other
pupil services personnel, teachers, school
administrators, and community leaders to advise the
local educational agency on the design and
implementation of the program.
``(c) Use of Funds.--
``(1) In general.--Grant funds under this section shall be
used to initiate or expand elementary school counseling
programs that comply with the requirements in paragraph (2).
``(2) Program requirements.--Each program assisted under
this section shall--
``(A) be comprehensive in addressing the personal,
social, emotional, and educational needs of all
students;
``(B) use a developmental, preventive approach to
counseling;
``(C) increase the range, availability, quantity,
and quality of counseling services in the elementary
schools of the local educational agency;
``(D) expand counseling services only through
qualified school counselors, school psychologists, and
school social workers;
``(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking, academic
and career planning, or to improve social functioning;
``(F) provide counseling services that are well-
balanced among classroom group and small group
counseling, individual counseling, and consultation
with parents, teachers, administrators, and other pupil
services personnel;
``(G) include inservice training for school
counselors, school social workers, school
psychologists, other pupil services personnel,
teachers, and instructional staff;
``(H) involve parents of participating students in
the design, implementation, and evaluation of a
counseling program;
``(I) involve collaborative efforts with
institutions of higher education, businesses, labor
organizations, community groups, social service
agencies, or other public or private entities to
enhance the program and promote school-linked services
integration; and
``(J) evaluate annually the effectiveness and
outcomes of the counseling services and activities
assisted under this section.
``(3) Report.--The Secretary shall issue a report
evaluating the programs assisted pursuant to each grant under
this subsection at the end of each grant period in accordance
with section 14701, but in no case later than January 30, 2005.
``(4) Dissemination.--The Secretary shall make the programs
assisted under this section available for dissemination, either
through the National Diffusion Network or other appropriate
means.
``(5) Limit on administration.--Not more than five percent
of the amounts made available under this section in any fiscal
year shall be used for administrative costs to carry out this section.
``(d) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who
has documented competence in counseling children and
adolescents in a school setting and who--
``(A) possesses State licensure or certification
granted by an independent professional regulatory
authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in
school counseling or a specialty of counseling granted
by an independent professional organization; or
``(C) holds a minimum of a master's degree in
school counseling from a program accredited by the
Council for Accreditation of Counseling and Related
Educational Programs or the equivalent;
``(2) the term `school psychologist' means an individual
who--
``(A) possesses a minimum of 60 graduate semester
hours in school psychology from an institution of
higher education and has completed 1,200 clock hours
in a supervised school psychology internship, of which 600 hours shall
be in the school setting;
``(B) possesses State licensure or certification in
the State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the
National School Psychology Certification Board;
``(3) the term `school social worker' means an individual
who holds a master's degree in social work and is licensed or
certified by the State in which services are provided or holds
a school social work specialist credential; and
``(4) the term `supervisor' means an individual who has the
equivalent number of years of professional experience in such
individual's respective discipline as is required of teaching
experience for the supervisor or administrative credential in
the State of such individual.
``SEC. 12103. PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to make up
to a total of ten grants annually to partnerships of State
educational agencies and local educational agencies for the
design and implementation of character education programs that
incorporate the elements of character listed in subsection (d),
as well as other character elements identified by applicants.
``(2) Maximum amount of grant.--No State educational agency
shall receive more than a total of $1,000,000 in grants under
this part.
``(3) Duration.--Each grant under this section shall be
awarded for a period not to exceed five years, of which the
State educational agency shall not use more than one year for
planning and program design.
``(b) State Educational Agency Applications.--
``(1) Requirement.--Each State educational agency desiring
a grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require.
``(2) Partnerships.--Each State educational agency desiring
a grant under this section shall form a partnership with at
least one local educational agency to be eligible for funding.
The partnership shall pursue State and local initiatives to
meet the objectives of this section.
``(3) Application.--Each application under this section
shall include--
``(A) a list of the local educational agencies
entering into the partnership with the State
educational agency;
``(B) a description of the goals of the
partnership;
``(C) a description of activities that will be
pursued by the participating local educational
agencies, including--
``(i) how parents, students, and other
members of the community, including members of
private and nonprofit organizations, will be
involved in the design and implementation of
the program;
``(ii) curriculum and instructional
practices;
``(iii) methods of teacher training and
parent education that will be used or
developed; and
``(iv) examples of activities that will be
carried out under this part;
``(D) a description of how the State educational
agency will provide technical and professional
assistance to its local educational agency partners in
the development and implementation of character
education programs;
``(E) a description of how the State educational
agency will evaluate the success of local programs and
how local educational agencies will evaluate the
progress of their own programs;
``(F) a description of how the State educational
agency will assist other interested local educational
agencies that are not members of the original
partnership in designing and establishing programs;
``(G) a description of how the State educational
agency will establish a clearinghouse for information
on model programs, materials, and other information the
State and local educational agencies determine to be
appropriate;
``(H) an assurance that the State educational
agency will annually provide to the Secretary such
information as may be required to determine the
effectiveness of the program; and
``(I) any other information that the Secretary may
require.
``(4) Non-partner local educational agencies.--Any local
educational agency that was not a partner with the State when
the application was submitted may become a partner by
submitting an application for partnership to the State
educational agency, containing such information that the State
educational agency may require.
``(c) Evaluation and Program Development.--
``(1) Requirement.--Each State educational agency receiving
a grant under this section shall submit to the Secretary a
comprehensive evaluation of the program assisted under this
part, including the impact on students, teachers,
administrators, parents, and others--
``(A) by the mid-term of the program; and
``(B) not later than one year after completion of
such program.
``(2) Contracts for evaluation.--Each State educational
agency receiving a grant under this section may contract with
outside sources, including institutions of higher education,
and private and nonprofit organizations, for purposes of
evaluating their program and measuring the success of the
program toward fostering in students the elements of character
listed in subsection (b).
``(3) Factors.--Factors which may be considered in
evaluating the success of the program may include--
``(A) discipline problems;
``(B) students' grades;
``(C) participation in extracurricular activities;
``(D) parental and community involvement;
``(E) faculty and administration involvement; and
``(F) student and staff morale.
``(4) Materials and program development.--Local educational
agencies, after consulting with the State educational agency,
may contract with outside sources, including institutions of
higher education, and private and nonprofit organizations, for
assistance in developing curriculum, materials, teacher
training, and other activities related to character education.
``(d) Elements of Character.--
``(1) In general.--Applicants desiring funding under this
part shall develop character education programs that
incorporate the following elements of character:
``(A) Caring.
``(B) Civic virtue and citizenship.
``(C) Justice and fairness.
``(D) Respect.
``(E) Responsibility.
``(F) Trustworthiness.
``(G) Any other elements deemed appropriate by the
members of the partnership.
``(2) Additional elements of character.--A local
educational agency participating under this section may, after
consultation with schools and communities of such agency,
define additional elements of character that the agency
determines to be important to the schools and communities of
such agency.
``(e) Use of Funds.--Of the total funds received by a State
educational agency in any fiscal year under this section--
``(1) not more than 30 percent of such funds may be
retained by the State educational agency, of which--
``(A) not more than 10 percent of such funds may be
used for administrative purposes; and
``(B) the remainder of such funds may be used for--
``(i) collaborative initiatives with local
educational agencies;
``(ii) the establishment of the
clearinghouse, preparation of materials,
teacher training; and
``(iii) other appropriate activities; and
``(2) the remaining of such funds shall be used to award
subgrants to local educational agencies, of which--
``(A) not more than 10 percent of such funds may be
retained for administrative purposes; and
``(B) the remainder of such funds may be used to--
``(i) award subgrants to schools within the
local educational agency; and
``(ii) pursue collaborative efforts with
the State educational agency.
``(f) Selection of Grantees.--
``(1) Criteria.--The Secretary shall select, through peer
review, partnerships to receive grants under this section on
the basis of the quality of the applications submitted under
subsection (b), taking into consideration such factors as--
``(A) the quality of the activities proposed by
local educational agencies;
``(B) the extent to which the program fosters in
students the elements of character;
``(C) the extent of parental, student, and
community involvement;
``(D) the number of local educational agencies
involved in the effort;
``(E) the quality of the plan for measuring and
assessing success; and
``(F) the likelihood that the goals of the program
will be realistically achieved.
``(2) Diversity of projects.--The Secretary shall approve
applications under this section in a manner that ensures, to
the extent practicable, that programs assisted under this
section--
``(A) serve different areas of the Nation,
including urban, suburban, and rural areas; and
``(B) serve schools that serve minorities, Native
Americans, students of limited-English proficiency, and
disadvantaged students.
``SEC. 12104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
``(a) In General.--The Secretary is authorized to award a grant to
a nonprofit organization to reimburse such organizations for the costs
of conducting scholar-athlete games.
``(b) Priority.--In awarding the grant under subsection (a), the
Secretary shall give priority to a nonprofit organization that--
``(1) is described in section 501(c)(3) of, and exempt from
taxation under section 501(a) of, the Internal Revenue Code of
1986, and is affiliated with a university capable of hosting a
large educational, cultural, and athletic event that will serve
as a national model;
``(2) has the capability and experience in administering
federally funded scholar-athlete games;
``(3) has the ability to provide matching funds, on a
dollar-for-dollar basis, from foundations and the private
sector for the purpose of conducting a scholar-athlete program;
``(4) has the organizational structure and capability to
administer a model scholar-athlete program;
``(5) has the organizational structure and expertise to
replicate the scholar-athlete program in various venues
throughout the United States internationally; and
``(6) has plans for conducting scholar-athlete games
without Federal assistance.
``SEC. 12105. SMALLER LEARNING COMMUNITIES.
``(a) In General.--Each local educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each such application shall describe--
``(1) strategies and methods the applicant will use to
create the smaller learning community or communities;
``(2) curriculum and instructional practices, including any
particular themes or emphases, to be used in the learning
environment;
``(3) the extent of involvement of teachers and other
school personnel in investigating, designing, implementing and
sustaining the smaller learning community or communities;
``(4) the process to be used for involving students,
parents and other stakeholders in the development and
implementation of the smaller learning community or
communities;
``(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community or
communities;
``(6) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this part;
``(7) the goals and objectives of the activities assisted
under this part, including a description of how such activities
will better enable all students to reach challenging State
content standards and State student performance standards;
``(8) the methods by which the applicant will assess
progress in meeting such goals and objectives;
``(9) if the smaller learning community or communities
exist as a school-within-a-school, the relationship, including
governance and administration, of the smaller learning
community to the rest of the school;
``(10) a description of the administrative and managerial
relationship between the local educational agency and the
smaller learning community or communities, including how such
agency will demonstrate a commitment to the continuity of the
smaller learning community or communities, including the
continuity of student and teacher assignment to a particular
learning community;
``(11) how the applicant will coordinate or use funds
provided under this part with other funds provided under this
Act or other Federal laws;
``(12) grade levels or ages of students who will
participate in the smaller learning community or communities;
and
``(13) the method of placing students in the smaller
learning community or communities, such that students are not
placed according to ability, performance or any other measure,
so that students are placed at random or by their own choice,
not pursuant to testing or other judgments.
``(b) Authorized Activities.--Funds under this section may be
used--
``(1) to study the feasibility of creating the smaller
learning community or communities as well as effective and
innovative organizational and instructional strategies that
will be used in the smaller learning community or communities;
``(2) to research, develop and implement strategies for
creating the smaller learning community or communities, as well
as effective and innovative changes in curriculum and
instruction, geared to high State content standards and State
student performance standards;
``(3) to provide professional development for school staff
in innovative teaching methods that challenge and engage
students to be used in the smaller learning community or
communities; and
``(4) to develop and implement strategies to include
parents, business representatives, local institutions of higher
education, community-based organizations, and other community
members in the smaller learning communities, as facilitators of
activities that enable teachers to participate in professional
development activities, as well as to provide links between
students and their community.
``SEC. 12106. NATIONAL STUDENT AND PARENT MOCK ELECTION.
``(a) In General.--The Secretary is authorized to award grants to
national nonprofit, nonpartisan organizations that work to promote
voter participation in American elections to enable such organizations
to carry out voter education activities for students and their parents.
Such activities shall--
``(1) be limited to simulated national elections that
permit participation by students and parents from all 50 States
in the United States; and
``(2) consist of--
``(A) school forums and local cable call-in shows
on the national issues to be voted upon in an `issue
forum';
``(B) speeches and debates before students and
parents by local candidates or stand-ins for such
candidates;
``(C) quiz team competitions, mock press
conferences and speechwriting competitions;
``(D) weekly meetings to follow the course of the
campaign; or
``(E) school and neighborhood campaigns to increase
voter turnout, including newsletters, posters,
telephone chains, and transportation.
``(b) Requirement.--Each organization receiving a grant under this
section shall present awards to outstanding student and parent mock
election projects.
``SEC. 12107. MODEL PROJECTS.
``(a) Program Authorized.--The Secretary is authorized to award
grants to cultural institutions to enable such institutions to develop
and expand model projects of outreach activities for at-risk children
in the communities served by such institutions, including activities
which integrate such institution's cultural programming with other
disciplines, including environmental, mathematics, and science
programs.
``(b) Priority.--In awarding grants under this section the
Secretary shall give priority to activities that are part of an overall
State, local, and private commitment, seek to improve learning for at-
risk youth, and are substantially funded by State, local, or private
funds.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 12201. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 2000'.
``SEC. 12202. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must
develop their talents and realize their potential if the United
States is to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-
being;
``(3) too often schools fail to challenge students to do
their best work, and students who are not challenged will not
learn to challenging State content standards and challenging
State student performance standards, fully develop their
talents, and realize their potential;
``(4) unless the special abilities of gifted and talented
students are recognized and developed during such students'
elementary and secondary school years, much of such students'
special potential for contributing to the national interest is
likely to be lost;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited-
English proficiency are at greatest risk of being unrecognized
and of not being provided adequate or appropriate educational
services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized
resources to plan and implement effective programs for the
early identification of gifted and talented students and for
the provision of educational services and programs appropriate
to their special needs;
``(7) the Federal Government can best carry out the limited
but essential role of stimulating research and development and
personnel training and providing a national focal point of
information and technical assistance that is necessary to
ensure that the Nation's schools are able to meet the special
educational needs of gifted and talented students, and thereby
serve a profound national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can and
should be used as a basis to--
``(A) develop a rich and challenging curriculum for
all students; and
``(B) provide all students with important and
challenging subject matter to study and encourage the
habits of hard work.
``(b) Statement of Purpose.--It is the purpose of this part--
``(1) to provide financial assistance to State and local
educational agencies, institutions of higher education, and
other public and private agencies and organizations, to
initiate a coordinated program of research, demonstration
projects, personnel training, and similar activities designed
to build a nationwide capability in elementary and secondary
schools to meet the special educational needs of gifted and
talented students;
``(2) to encourage the development of rich and challenging
curricula for all students through the appropriate application
and adaptation of materials and instructional methods developed
under this part; and
``(3) to supplement and make more effective the expenditure
of State and local funds, for the education of gifted and
talented students.
``SEC. 12203. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a recipient
of funds under this part from serving gifted and talented students
simultaneously with students with similar educational needs, in the
same educational settings where appropriate.
``SEC. 12204. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--From the sums appropriated under section
12207 in any fiscal year the Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall make grants to or enter into contracts with
State educational agencies, local educational agencies,
institutions of higher education, or other public agencies and private
agencies and organizations (including Indian tribes and Indian
organizations (as such terms are defined by the Indian Self-
Determination and Education Assistance Act) and Native Hawaiian
organizations) to assist such agencies, institutions, and organizations
which submit applications in carrying out programs or projects
authorized by this part that are designed to meet the educational needs
of gifted and talented students, including the training of personnel in
the education of gifted and talented students and in the use, where
appropriate, of gifted and talented services, materials, and methods
for all students.
``(2) Application.--Each entity desiring assistance under
this part shall submit an application to the Secretary at such
time, in such manner, and containing such information as the
Secretary may reasonably require. Each such application shall
describe how--
``(A) the proposed gifted and talented services,
materials, and methods can be adapted, if appropriate,
for use by all students; and
``(B) the proposed programs can be evaluated.
``(b) Uses of Funds.--Programs and projects assisted under this
section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating
students who may not be served by traditional gifted and
talented programs, summer programs, mentoring programs, service
learning programs, and cooperative programs involving business,
industry, and education;
``(3) training of personnel and parents involved in gifted
and talented programs with respect to the impact of gender role
socialization on the educational needs of gifted and talented
children and in gender equitable education methods, techniques
and practices;
``(4) implementing innovative strategies, such as
cooperative learning, peer tutoring and service learning;
``(5) strengthening the capability of State educational
agencies and institutions of higher education to provide
leadership and assistance to local educational agencies and
nonprofit private schools in the planning, operation, and
improvement of programs for the identification and education of
gifted and talented students and the appropriate use of gifted
and talented programs and methods to serve all students;
``(6) programs of technical assistance and information
dissemination, including how gifted and talented programs and
methods, where appropriate, may be adapted for use by all
students; and
``(7) carrying out--
``(A) research on methods and techniques for
identifying and teaching gifted and talented students,
and for using gifted and talented programs and methods
to serve all students; and
``(B) program evaluations, surveys, and the
collection, analysis, and development of information
needed to accomplish the purposes of this part.
``(c) Establishment of National Center.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Center for Research and
Development in the Education of Gifted and Talented Children
and Youth through grants to or contracts with one or more institutions
of higher education or State educational agency, or a combination or
consortium of such institutions and agencies, for the purpose of
carrying out activities described in paragraph (7) of subsection (b).
``(2) Director.--Such National Center shall have a
Director. The Secretary may authorize the Director to carry out
such functions of the National Center as may be agreed upon
through arrangements with other institutions of higher
education, State or local educational agencies, or other public
or private agencies and organizations.
``(d) Limitation.--Not more than 30 percent of the funds available
in any fiscal year to carry out the programs and projects authorized by
this section may be used to conduct activities pursuant to subsection
(b)(7) or (c).
``(e) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by such Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out with such Office.
``SEC. 12205. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part the
Secretary shall give highest priority--
``(1) to the identification of and the provision of
services to gifted and talented students who may not be
identified and served through traditional assessment methods
(including economically disadvantaged individuals, individuals
of limited-English proficiency, and individuals with
disabilities); and
``(2) to programs and projects designed to develop or
improve the capability of schools in an entire State or region
of the Nation through cooperative efforts and participation of
State and local educational agencies, institutions of higher
education, and other public and private agencies and
organizations (including business, industry, and labor), to
plan, conduct, and improve programs for the identification of
and service to gifted and talented students, such as mentoring
and apprenticeship programs.
``(b) Service Priority.--In approving applications for assistance
under section 12204(a)(2), the Secretary shall assure that in each
fiscal year at least one-half of the applications approved under such
section address the priority described in subsection (a)(1).
``SEC. 12206. GENERAL PROVISIONS.
``(a) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this part, the
Secretary shall ensure, where appropriate, that provision is made for
the equitable participation of students and teachers in private
nonprofit elementary and secondary schools, including the participation
of teachers and other personnel in professional development programs
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer review process in reviewing applications
under this part;
``(2) ensure that information on the activities and results
of programs and projects funded under this part is disseminated
to appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this
part in accordance with section 14701, both in terms of the
impact on students traditionally served in separate gifted and
talented programs and on other students, and submit the results
of such evaluation to Congress not later than January 1, 2005.
``(c) Program Operations.--The Secretary shall ensure that the
programs under this part are administered within the Department by a
person who has recognized professional qualifications and experience in
the field of the education of gifted and talented students and who
shall--
``(1) administer the programs authorized by this part;
``(2) coordinate all programs for gifted and talented
students administered by the Department;
``(3) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and
programs designed to meet such needs; and
``(4) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented
students.
``SEC. 12207. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $7,500,000 for fiscal
year 2002 and such sums as may be necessary for each of the four
succeeding fiscal years to carry out the provisions of this part.
``PART D--ARTS IN EDUCATION
``Subpart 1--Arts Education
``SEC. 12401. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of
knowing that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and
learning;
``(4) such transformation is best realized in the context
of comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American
students is among the National Education Goals;
``(6) participation in performing arts activities has
proven to be an effective strategy for promoting the inclusion
of persons with disabilities in mainstream settings;
``(7) opportunities in the arts have enabled persons of all
ages with disabilities to participate more fully in school and
community activities;
``(8) the arts can motivate at-risk students to stay in
school and become active participants in the educational
process; and
``(9) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purposes.--The purposes of this subpart are to--
``(1) support systemic education reform by strengthening
arts education as an integral part of the elementary and
secondary school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging State content standards and challenging
State student performance standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the
National Education Goals.
``(c) Eligible Recipients.--In order to carry out the purposes of
this subpart, the Secretary is authorized to award grants to, or enter
into contracts or cooperative agreements with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education;
``(4) museums and other cultural institutions; and
``(5) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this subpart may be used
for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments
based on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and other
instructional staff;
``(6) supporting collaborative activities with other
Federal agencies or institutions involved in arts education,
such as the National Endowment for the Arts, the Institute of
Museum and Library Services, the John F. Kennedy Center for the
Performing Arts, Very Special Arts, and the National Gallery of
Art;
``(7) supporting model projects and programs in the
performing arts for children and youth through arrangements
made with the John F. Kennedy Center for the Performing Arts;
``(8) supporting model projects and programs by Very
Special Arts which assure the participation in mainstream
settings in arts and education programs of individuals with
disabilities;
``(9) supporting model projects and programs to integrate
arts education into the regular elementary and secondary school
curriculum; and
``(10) other activities that further the purposes of this
subpart.
``(e) Coordination.--
``(1) In general.--A recipient of funds under this subpart
shall, to the extent possible, coordinate projects assisted
under this subpart with appropriate activities of public and
private cultural agencies, institutions, and organizations,
including museums, arts education associations, libraries, and
theaters.
``(2) Special rule.--In carrying out this subpart, the
Secretary shall coordinate with the National Endowment for the
Arts, the Institute of Museum and Library Services, the John F.
Kennedy Center for the Performing Arts, Very Special Arts, and
the National Gallery of Art.
``(f) Authorization.--
``(1) In general.--For the purpose of carrying out this
subpart, there are authorized to be appropriated $28,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the four succeeding fiscal years.
``(2) Special rule.--If the amount appropriated under
paragraph (1) for any fiscal year is $9,000,000 or less, then
such amount shall only be available to carry out the activities
described in paragraphs (7) and (8) of subsection (d).
``Subpart 2--Cultural Partnerships for At-Risk Children and Youth
``SEC. 12411. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds:
``(1) With local school budget cuts there are inadequate
arts and cultural programs available for children and youth in
schools, especially at the elementary school level.
``(2) The arts promote progress in academic subjects as
shown by research conducted by the National Endowment for the
Arts.
``(3) Children and youth who receive instruction in the
arts and humanities, or who are involved in cultural
activities, remain in school longer and are more successful
than children who do not receive such instruction.
``(4) Learning in the arts and humanities promotes progress
in other academic subjects, and generates positive self-esteem
and a greater sense of accomplishment in young people.
``(5) School-university and school-cultural institution
partnerships that upgrade teacher training in the arts and
humanities have significantly contributed to improved
instruction and achievement levels of school-aged children.
``(6) Museum outreach, cultural activities and informal
education for at-risk children and youth have contributed
significantly to the educational achievement and enhanced
interest in learning of at-risk children and youth.
``(7) The Goals 2000: Educate America Act, other
legislation and local, State and national resources support the
integration of the arts and humanities into the regular
curriculum and school day for all children.
``(8) While all children benefit from instruction in the
arts and the humanities, at-risk children and youth have a
special, additional need for arts and cultural programs both in
school and after school.
``(b) Purpose.--The purpose of this subpart is to make
demonstration grants to eligible entities to improve the educational
performance and future potential of at-risk children and youth by
providing comprehensive and coordinated educational and cultural
services.
``SEC. 12412. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible entities to pay the Federal share of the costs of the
activities described in section 12413.
``(b) Special Requirements.--
``(1) In general.--The Secretary shall award grants under
this subpart only to programs designed to--
``(A) promote and enhance educational and cultural
activities;
``(B) provide multi-year services to at-risk
children and youth and to integrate community cultural
resources into in-school and after-school educational
programs;
``(C) provide integration of community cultural
resources into the regular curriculum and school day;
``(D) focus school and cultural resources in the
community on coordinated cultural services to address
the needs of at-risk children and youth;
``(E) provide effective cultural programs to
facilitate the transition from preschool programs to
elementary school programs, including programs under
the Head Start Act and part H of the Individuals with
Disabilities Education Act;
``(F) facilitate school-to-work transition from
secondary schools and alternative schools to job
training, higher education and employment through
educational programs and activities that utilize school
resources;
``(G) increase parental and community involvement
in the educational, social, and cultural development of
at-risk children and youth; or
``(H)(i) develop programs and strategies that
provide high-quality coordinated educational and
cultural services; and
``(ii) provide a model to replicate such services
in other schools and communities.
``(2) Partnership.--An interagency partnership comprised of
the Secretary of Education, the Chairman of the National
Endowment for the Humanities, the Chairman of the National
Endowment for the Arts, and the Director of the Institute of
Museum and Library Services, or their designees, shall
establish criteria and procedures for awarding grants,
including the establishment of panels to review the
applications, and shall administer the grants program
authorized by this section. The Secretary shall publish such
criteria and procedures in the Federal Register.
``(3) Coordination.--Grants may only be awarded under this
subpart to eligible entities that agree to coordinate
activities carried out under other Federal, State, and local
grants, received by the members of the partnership for purposes
and target populations described in this subpart, into an
integrated service delivery system located at a school,
cultural, or other community-based site accessible to and
utilized by at-risk youth.
``(4) Eligible entities.--For purposes of this subpart, the
term `eligible entity' means a partnership between--
``(A) a local educational agency or an individual
school that is eligible to participate in a schoolwide
program under section 1114; and
``(B) at least one institution of higher education,
museum, local arts agency, or cultural entity that is
accessible to individuals within the school district of
such local educational agency or school, and that has a
history of providing quality services to the community,
which may include--
``(i) nonprofit institutions of higher
education, museums, libraries, performing,
presenting and exhibiting arts organizations,
literary arts organizations, State and local
arts organizations, cultural institutions, and
zoological and botanical organizations; or
``(ii) private for-profit entities with a
history of training children and youth in the
arts.
``(5) Geographic distribution.--In awarding grants under
this subpart the Secretary, to the extent feasible, shall
ensure an equitable geographic distribution of such grants.
``(6) Duration.--Grants made under this subpart may be
renewable for a maximum of five years if the Secretary
determines that the eligible recipient has made satisfactory
progress toward the achievement of the program objectives
described in the application.
``(7) Models.--The Secretary, in consultation with the
Chairman of the National Endowment for the Humanities, the
Chairman of the National Endowment for the Arts and the
director of the Institute of Museum and Library Services, or
their designees, shall submit successful models under this
title to the National Diffusion Network for review.
``(c) Target Population.--To be eligible for a grant under this
subpart, an eligible entity shall serve--
``(1) students enrolled in schools participating in a
schoolwide program under section 1114 and the families of such
students to the extent practicable;
``(2) out-of-school children and youth at risk of
disadvantages resulting from teenage parenting, substance
abuse, recent migration, disability, limited-English
proficiency, illiteracy, being the child of a teenage parent,
living in a single parent household, or dropping out of school;
or
``(3) any combination of in-school and out-of-school at-
risk children and youth.
``SEC. 12413. AUTHORIZED ACTIVITIES.
``(a) In General.--Grants awarded under this subpart may be used--
``(1) to plan, develop, acquire, expand, and improve
school-based or community-based coordinated educational and
cultural programs to strengthen the educational performance and
future potential of in-school or out-of-school at-risk children
and youth through grants, cooperative agreements, contracts for
services, or administrative coordination;
``(2) to provide at-risk students with integrated cultural
activities designed to develop a love of learning that fosters
the smooth transition of preschool children to elementary
school;
``(3) to design collaborative cultural activities for
students in secondary or alternative schools that ensure the
smooth transition to job training, higher education, or full
employment;
``(4) to provide child care for children of at-risk
students who would not otherwise be able to participate in the
program;
``(5) to provide transportation necessary for participation
in the program;
``(6) to work with existing school personnel to develop
curriculum materials and programs in the arts;
``(7) to work with existing school personnel on staff
development activities that encourage the integration of the
arts into the curriculum;
``(8) for stipends that allow local artists to work with
at-risk children and youth in schools;
``(9) for training individuals who are not trained to work
with children and youth;
``(10) for cultural programs that encourage the active
participation of parents in the education of their children;
``(11) for programs that use the arts and culture to reform
current school practices, including lengthening the school day
or academic year;
``(12) for equipment or supplies that the Secretary
determines appropriate; and
``(13) for evaluation, administration, and supervision.
``(b) Planning Grants.--
``(1) Application.--An eligible entity may submit an
application to the Secretary for a planning grant for an amount
not to exceed $50,000. Such grants shall be for periods of not
more than one year.
``(2) Limit on planning grants.--Not more than 10 percent
of the amounts appropriated in each fiscal year under this
subpart shall be used for grants under this subsection, and an
eligible entity may receive not more than one such planning
grant.
``(c) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant
under this subpart shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the cultural entity or entities that
will participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of
the program;
``(E) in the case of each local educational agency
or school participating in the eligible recipient
partnership, describe how the activities assisted under
this subpart will be perpetuated beyond the duration of
the grant;
``(F) describe the manner in which the eligible
entity will improve the educational achievement or
future potential of at-risk youth through more
effective coordination of cultural services in the
community;
``(G) describe the overall and operational goals of
the program;
``(H) describe the nature and location of all
planned sites where services will be delivered and a
description of services which will be provided at each
site; and
``(I) describe training that will be provided to
individuals who are not trained to work with children
and youth, and how teachers will be involved.
``SEC. 12414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.
``(a) Payments.--
``(1) In general.--The Secretary shall pay to each eligible
recipient having an application approved under section 12413(c)
the Federal share of the cost of the activities described in
the application.
``(2) Special rule.--(A) Grants awarded under this subpart
shall be of sufficient size, scope, and quality to be
effective.
``(B) The Secretary shall award grants under this subpart
so as to ensure nonduplication of services provided by grant
recipients and services provided by--
``(i) the National Endowment for the Humanities;
``(ii) the National Endowment for the Arts; and
``(iii) the Institute of Museum and Library
Services.
``(b) Cost Share.--
``(1) Federal share.--The Federal share of a grant under
this subpart shall be 80 percent of the cost of carrying out
the activities described in the application.
``(2) Non-federal share.--The non-Federal share of a grant
under this subpart shall be 20 percent of the cost of carrying
out the activities described in the application and may be in
cash or in kind, fairly evaluated, including the provision of
equipment, services, or facilities.
``(c) Limitations.--
``(1) Noninstructional services.--Not more than 25 percent
of the grant funds provided in any fiscal year under this
subpart may be used for noninstructional activities such as the
activities described in paragraphs (4), (5), and (12) of
section 12413(a).
``(2) Supplement and not supplant.--Grant funds awarded
under this part shall be used to supplement not supplant the
amount of funds made available from non-Federal sources, for
the activities assisted under this subpart, in amounts that
exceed the amounts expended for such activities in the year
preceding the year for which the grant is awarded.
``(3) Administrative costs.--(A) The Secretary may reserve
not more than five percent of the grant funds received under
this subpart in each fiscal year for the costs of
administration.
``(B) Each eligible recipient may reserve not more than 5
percent of any grant funds received under this subpart in each
fiscal year for the costs of administration.
``SEC. 12415. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the four succeeding fiscal years.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 12501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with Reading is Fundamental (RIF) (hereafter in this section
referred to as ``the contractor'') to support and promote programs,
which include the distribution of inexpensive books to students, that
motivate children to read.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which each
subcontractor will agree to establish, operate, and provide the
non-Federal share of the cost of reading motivation programs
that include the distribution of books, by gift, to the extent
feasible, or loan, to children from birth through secondary
school age, including those in family literacy programs;
``(2) provide that funds made available to subcontractors
will be used only to pay the Federal share of the cost of such
programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that
will serve a substantial number or percentage of children with
special needs, such as--
``(A) low-income children, particularly in high-
poverty areas;
``(B) children at risk of school failure;
``(C) children with disabilities;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children;
and
``(I) children whose parents are institutionalized
or incarcerated;
``(4) provide that the contractor will provide such
technical assistance to subcontractors as may be necessary to
carry out the purpose of this section;
``(5) provide that the contractor will annually report to
the Secretary the number of, and describe, programs funded
under paragraph (3); and
``(6) include such other terms and conditions as the
Secretary determines to be appropriate to ensure the
effectiveness of such programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of `Federal Share'.--For the purpose of this
section, the term `Federal share' means, with respect to the cost to a
subcontractor of purchasing books to be paid under this section, 75
percent of such costs to the subcontractor, except that the Federal
share for programs serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,300,000
for fiscal year 2002 and such sums as may be necessary for each of the
four succeeding fiscal years.
``PART F--CIVIC EDUCATION
``SEC. 12601. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOCRACY IN
THE UNITED STATES.
``(a) General Authority.--
``(1) Program established.--(A) The Secretary is authorized
to carry out a program to enhance the attainment of the third
and sixth National Education Goals by educating students about
the history and principles of the Constitution of the United
States, including the Bill of Rights, and to foster civic
competence and responsibility.
``(B) Such program shall be known as `We the People . . .
The Citizen and the Constitution'.
``(2) Educational activities.--The program required by
paragraph (1) shall--
``(A) continue and expand the educational
activities of the `We the People . . . The Citizen and
the Constitution' program administered by the Center
for Civic Education; and
``(B) enhance student attainment of challenging
content standards in civics and government.
``(3) Contract or grant authorized.--The Secretary is
authorized to award a grant or enter into a contract with the
Center for Civic Education to carry out the program described
in paragraph (1).
``(b) Program Content.--The education program authorized by this
section shall provide--
``(1) a course of instruction on the basic principles of
our Nation's constitutional democracy and the history of the
Constitution and the Bill of Rights;
``(2) at the request of a participating school, school and
community simulated congressional hearings following the course
of study; and
``(3) an annual national competition of simulated
congressional hearings for secondary students who wish to
participate in such program.
``(c) Availability of Program.--The education program authorized by
this section shall be made available to public and private elementary
and secondary schools in the 435 congressional districts, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the District of Columbia.
``(d) Special Rule.--After the provisions of subsection (b) have
been implemented, funds provided under this section may be used for--
``(1) advanced training of teachers about the United States
Constitution and the political system the United States
created; or
``(2) a course of instruction at the middle school level on
the roles of State and local governments in the Federal system
established by the Constitution, which course shall provide
for--
``(A) optional school and community simulated State
legislative hearings;
``(B) an annual competition of simulated
legislative hearings at the State legislative district,
State, and national levels for middle school students
who wish to participate in the program; and
``(C) participation by public and private middle
schools in the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
``SEC. 12602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
``(a) Program Established.--The Secretary is authorized to carry
out a program of awarding grants and contracts to assist State and
local educational agencies and other public and private nonprofit
agencies, organizations, and institutions to enhance--
``(1) attainment by students of challenging State content
standards and challenging State student performance standards
in civics, government, and the law; and
``(2) attainment by the Nation of the third and the sixth
National Education Goals.
``(b) Authorized Activities.--Assistance under this section may
support new and ongoing programs in elementary and secondary schools
that provide for--
``(1) the development and implementation of curricular
programs that enhance student understanding of--
``(A) the values and principles which underlie, and
the institutions and processes which comprise, our
Nation's system of government;
``(B) the role of law in our constitutional
democracy, including activities to promote--
``(i) legal literacy;
``(ii) a dedication by students to the use
of nonviolent means of conflict resolution such
as arbitration, mediation, negotiation, trials,
and appellate hearings; and
``(iii) respect for cultural diversity and
acceptance of cultural differences; and
``(C) the rights and responsibilities of
citizenship;
``(2) professional development for teachers, including
preservice and inservice training;
``(3) outside-the-classroom learning experiences for
students, including community service activities;
``(4) the active participation of community leaders, from
the public and private sectors, in the schools; and
``(5) the provision of technical assistance to State and
local educational agencies and other institutions and
organizations working to further the progress of the Nation in
attaining the third and sixth National Education Goals
regarding civics and government.
``(c) Applications, Peer Review and Priority.--
``(1) Submission of applications.--A State or local
educational agency, other public or private nonprofit agency,
organization, or institution that desires to receive a grant or
enter into a contract under this section shall submit an
application to the Secretary at such time, in such manner, and
containing or accompanied by such information as the Secretary
may reasonably require.
``(2) Peer review.--(A) The Secretary shall convene a panel
of individuals for purpose of reviewing and rating applications
submitted under paragraph (1).
``(B) Such individuals shall have experience with education
programs in civics, government, and the law.
``(3) Priority.--In awarding grants or awarding contracts
under this section, the Secretary shall give priority
consideration to applications which propose the operation of
statewide programs.
``(d) Duration of Grants and Exception.--
``(1) Duration.--Except as provided in paragraph (2), the
Secretary shall award grants and contracts under this section
for periods of two or three years.
``(2) Exception.--The Secretary may award a grant or a
contract under this section for a period of less than 2 years
if the Secretary determines that special circumstances exist
which warrant a 1-year grant or contract award.
``SEC. 12603. REPORT; AUTHORIZATION OF APPROPRIATIONS.
``(a) Report.--The Secretary shall report, on a biennial basis to
the Committee on Education and Labor of the House of Representatives
and to the Committee on Labor and Human Resources of the Senate
regarding the distribution and use of funds authorized under this part.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this part $15,000,000 for fiscal year 2001 and
such sums as may be necessary for each of the four succeeding
fiscal years.
``(2) Allocation.--Except as provided in paragraph (3),
from the amount appropriated under subsection (a), the
Secretary shall allocate--
``(A) 40 percent of such amount to carry out
section 12601; and
``(B) 60 percent of such amount to carry out
section 12602.
``(3) Special rule.--From funds appropriated under
paragraph (1), the Secretary shall make available for fiscal
year 2001 and each succeeding fiscal year thereafter for the
programs under sections 12101 and 12102 not less than the
amount made available for fiscal year 1994 to carry out such
programs under sections 4609 and 1562, respectively, of this
Act (as such sections were in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994).
``PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 12701. FINDINGS.
``The Congress finds as follows:
``(1) It is a worthwhile goal to ensure that all students
in America are prepared for responsible citizenship and that
all students should have the opportunity to be involved in
activities that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued improvement
of their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and
President pro tempore of the United States Senate, had a
distinguished career in public service characterized by
extraordinary energy and real concern for young people. Senator
Ellender provided valuable support and encouragement to the
Close Up Foundation, a nonpartisan, nonprofit foundation
promoting knowledge and understanding of the Federal Government
among young people and educators. Therefore, it is a fitting
and appropriate tribute to Senator Ellender to provide
fellowships in his name to students of limited economic means, the
teachers who work with such students, and older Americans, so that such
students, teachers, and older Americans may participate in the programs
supported by the Close Up Foundation.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 12711. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan,
nonprofit foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of increasing understanding of
the Federal Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this subpart shall be used only
to provide financial assistance to economically disadvantaged students
who participate in the program described in subsection (a). Financial
assistance received pursuant to this subpart by such students shall be
known as Allen J. Ellender fellowships.
``SEC. 12712. APPLICATIONS.
``(a) Application Required.--No grant under this subpart may be
made except upon an application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students from rural and small town areas, as
well as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration will
be given to the participation of students with special
educational needs, including student with disabilities, ethnic
minority students, and gifted and talented students; and
``(3) the proper disbursement of the funds received under
this subpart.
``Subpart 2--Program for Middle and Secondary School Teachers
``SEC. 12721. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan,
nonprofit foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of teaching skills enhancement
for middle and secondary school teachers.
``(b) Use of Funds.--Grants under this subpart shall be used only
for financial assistance to teachers who participate in the program
described in subsection (a). Financial assistance received pursuant to
this subpart by such individuals shall be known as Allen J. Ellender
fellowships.
``SEC. 12722. APPLICATIONS.
``(a) Application Required.--No grant under this subpart may be
made except upon an application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made only to teachers who
have worked with at least one student from such teacher's
school who participates in the programs described in section
12711(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section 12711(a)
may receive a fellowship in any fiscal year; and
``(3) the proper disbursement of the funds received under
this subpart.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 12731. ESTABLISHMENT.
``(a) General Authority.--
``(1) In general.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the
Close Up Foundation of Washington, District of Columbia, a
nonpartisan, nonprofit foundation, for the purpose of assisting
the Close Up Foundation in carrying out its programs of
increasing understanding of the Federal Government among
economically disadvantaged older Americans, recent immigrants
and students of migrant parents.
``(2) Definition.--For the purpose of this subpart, the
term `older American' means an individual who has attained 55
years of age.
``(b) Use of Funds.--Grants under this subpart shall be used for
financial assistance to economically disadvantaged older Americans,
recent immigrants and students of migrant parents who participate in
the program described in subsection (a). Financial assistance received
pursuant to this subpart by such individuals shall be known as Allen J.
Ellender fellowships.
``SEC. 12732. APPLICATIONS.
``(a) Application Required.--No grant under this subpart may be
made except upon application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Except such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students
of migrant parents;
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and
students of migrant parents from rural and small town areas, as
well as from urban areas, and that in awarding fellowships,
special consideration will be given to the participation of
older Americans, recent immigrants and students of migrant
parents with special needs, including individuals with
disabilities, ethnic minorities, and gifted and talented
students;
``(3) that activities permitted by subsection (a) are fully
described; and
``(4) the proper disbursement of the funds received under
this subpart.
``Subpart 4--General Provisions
``SEC. 12741. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made in
installments, in advance, or by way of reimbursement, with necessary
adjustments on account of underpayment or overpayment.
``(b) Audit Rule.--The Comptroller General of the United States or
any of the Comptroller General's duly authorized representatives shall
have access for the purpose of audit and examination to any books,
documents, papers, and records that are pertinent to any grant under
this part.
``SEC. 12742. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out the provisions of subparts 1, 2, and 3 of this part $4,400,000 for
fiscal year 2002 and such sums as may be necessary of each of the four
succeeding fiscal years.
``(b) Special Rule.--Of the funds appropriated pursuant to
subsection (a), not more than 30 percent may be used for teachers
associated with students participating in the programs described in
section 12711(a).
``PART H--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 12801. SHORT TITLE.
``This part may be cited as the `21st Century Community Learning
Centers Act'.
``SEC. 12802. FINDINGS.
``The Congress finds that--
``(1) a local public school often serves as a center for
the delivery of education and human resources for all members
of a community;
``(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and nonprofit
agencies and organizations, local businesses, educational
entities (such as vocational and adult education programs,
school-to-work programs, community colleges, and universities),
recreational, cultural, and other community and human service
entities, for the purpose of meeting the needs of, and
expanding the opportunities available to, the residents of the
communities served by such schools;
``(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city areas
where limited financial resources have enhanced the necessity
for local public schools to become social service centers;
``(4) the high technology, global economy of the 21st
century will require lifelong learning to keep America's
workforce competitive and successful, and local public schools
should provide centers for lifelong learning and educational
opportunities for individuals of all ages; and
``(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
``SEC. 12803. PROGRAM AUTHORIZATION.
``(a) Grants by the Secretary.--The Secretary is authorized, in
accordance with the provisions of this part, to award grants to rural
and inner-city public elementary or secondary schools, or consortia of
such schools, to enable such schools or consortia to plan, implement,
or to expand projects that benefit the educational, health, social
service, cultural, and recreational needs of a rural or inner-city
community.
``(b) Equitable Distribution.--In awarding grants under this part,
the Secretary shall assure an equitable distribution of assistance
among the States, among urban and rural areas of the United States, and
among urban and rural areas of a State.
``(c) Grant Period.--The Secretary shall award grants under this
part for a period not to exceed 3 years.
``(d) Amount.--The Secretary shall not award a grant under this
part in any fiscal year in an amount less than $35,000.
``SEC. 12804. APPLICATION REQUIRED.
``(a) Application.--To be eligible to receive a grant under this
part, an elementary or secondary school or consortium shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
prescribe. Each such application shall include--
``(1) a comprehensive local plan that enables the school or
consortium to serve as a center for the delivery of education
and human resources for members of a community;
``(2) an evaluation of the needs, available resources, and
goals and objectives for the proposed project in order to
determine which activities will be undertaken to address such
needs; and
``(3) a description of the proposed project, including--
``(A) a description of the mechanism that will be
used to disseminate information in a manner that is
understandable and accessible to the community;
``(B) identification of Federal, State, and local
programs to be merged or coordinated so that public
resources may be maximized;
``(C) a description of the collaborative efforts to
be undertaken by community-based organizations, related
public agencies, businesses, or other appropriate
organizations;
``(D) a description of how the school or consortium
will serve as a delivery center for existing and new
services, especially for interactive telecommunication
used for education and professional training; and
``(E) an assurance that the school or consortium
will establish a facility utilization policy that
specifically states--
``(i) the rules and regulations applicable
to building and equipment use; and
``(ii) supervision guidelines.
``(b) Priority.--The Secretary shall give priority to applications
describing projects that offer a broad selection of services which
address the needs of the community.
``SEC. 12805. USES OF FUNDS.
``Grants awarded under this part may be used to plan, implement, or
expand community learning centers which include not less than four of
the following activities:
``(1) Literacy education programs.
``(2) Senior citizen programs.
``(3) Children's day care services.
``(4) Integrated education, health, social service,
recreational, or cultural programs.
``(5) Summer and weekend school programs in conjunction
with recreation programs.
``(6) Nutrition and health programs.
``(7) Expanded library service hours to serve community
needs.
``(8) Telecommunications and technology education programs
for individuals of all ages.
``(9) Parenting skills education programs.
``(10) Support and training for child day care providers.
``(11) Employment counseling, training, and placement.
``(12) Services for individuals who leave school before
graduating from secondary school, regardless of the age of such
individual.
``(13) Services for individuals with disabilities.
``SEC. 12806. DEFINITION.
``For the purpose of this part, the term `community learning
center' means an entity within a public elementary or secondary school
building that--
``(1) provides educational, recreational, health, and
social service programs for residents of all ages within a
local community; and
``(2) is operated by a local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, institutions of higher
education, community colleges, and cultural, recreational, and
other community and human service entities.
``SEC. 12807. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $850,000,000 for fiscal
year 2002, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
``PART I--URBAN AND RURAL EDUCATION ASSISTANCE
``SEC. 12851. AUTHORIZATION OF APPROPRIATIONS.
``(a) Demonstration Grants.--
``(1) In general.--There are authorized to be appropriated
$125,000,000 for fiscal year 2002, and such sums as may be
necessary for each of the four succeeding fiscal years, to
carry out subparts 1 and 2 (other than section 12875).
``(2) Reservation for subpart 1.--The Secretary shall
reserve 50 percent of the amount appropriated under paragraph
(1) to carry out subpart 1.
``(3) Reservation for subpart 2.--The Secretary shall
reserve 50 percent of the amount appropriated under paragraph
(1) to carry out subpart 2 (other than section 12875).
``(b) Higher Education Grants.--There are authorized to be
appropriated $25,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the four succeeding fiscal years to carry out
section 12875.
``(c) Federal Funds To Supplement Not Supplant Non-Federal Funds.--
An eligible local educational agency may use funds received under this
part only to supplement and, to the extent practicable, increase the
level of funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of students
participating in activities assisted under this part, and in no such
case may such funds be used to supplant funds from non-Federal sources.
``SEC. 12852. DEFINITIONS.
``Except as otherwise provided, for the purposes of this part:
``(1) Central city.--The term `central city' has the same
meaning used by the Bureau of the Census.
``(2) Metropolitan statistical area.--The term
`metropolitan statistical area' has the same meaning used by
the Bureau of the Census.
``(3) Poverty level.--The term `poverty level' means the
criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census.
``(4) Rural eligible local educational agency.--The term
`rural eligible local educational agency' means a local
educational agency--
``(A)(i) in which at least 15 percent of the
children enrolled in the schools served by such agency
are eligible to be counted under part A of title I; and
``(ii) which is not in a metropolitan statistical
area; or
``(B) in which the total enrollment in the schools
served by such agency is less than 2,500 students and
that does not serve schools located in a metropolitan
statistical area.
``(5) Urban eligible local educational agency.--The term
`urban eligible local educational agency' means a local
educational agency that--
``(A) serves the largest central city in a State;
``(B) enrolls more than 30,000 students and serves
a central city with a population of at least 200,000 in
a metropolitan statistical area; or
``(C) enrolls between 25,000 and 30,000 students
and serves a central city with a population of at least
140,000 in a metropolitan statistical area.
``Subpart 1--Urban Education Demonstration Grants
``SEC. 12861. FINDINGS.
``The Congress finds that--
``(1) the ability of the Nation's major urban public school
systems to meet the Nation's educational goals will determine
the country's economic competitiveness and academic standing in
the world community;
``(2) the quality of public education in the Nation's major
urban areas has a direct effect on the economic development of
the Nation's inner-cities;
``(3) the success of urban public schools in boosting the
achievement of its minority youth attending such schools will
determine the ability of the Nation to close the gap between
the `haves and the have-nots' in society;
``(4) the cost to America's businesses to provide remedial
education to high school graduates is approximately
$21,000,000,000 per year;
``(5) approximately one-third of the Nation's workforce
will be members of minority groups by the year 2000;
``(6) urban schools enroll a disproportionately large share
of the Nation's poor and `at-risk' youth;
``(7) urban schools enroll approximately one-third of the
Nation's poor, 40 percent of the Nation's African American
children, and 30 percent of the Nation's Hispanic youth;
``(8) nearly 20 percent of the Nation's limited-English-
proficient children and 15 percent of the Nation's disabled
youth are enrolled in urban public schools;
``(9) the academic performance of students in the average
inner-city public school system is below that of students in
most other kinds of school systems;
``(10) urban public school systems have higher dropout
rates, more problems with health care, and less parental
participation than other kinds of school systems;
``(11) urban preschoolers have one-half the access to early
childhood development programs as do other children;
``(12) shortages of teachers in urban public school systems
are 2.5 times greater than such shortages in other kinds of
school systems;
``(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational opportunities;
``(14) urban public school systems have greater problems
with teenage pregnancy, discipline, drug abuse, and gangs than
do other kinds of school systems;
``(15) 75 percent of urban public school buildings are over
25 years old, 33 percent of such buildings are over 50 years
old, and such buildings are often in serious disrepair and
create poor and demoralizing working and learning conditions;
``(16) solving the challenges facing our Nation's urban
schools will require the concerted and collaborative efforts of
all levels of government and all sectors of the community;
``(17) Federal and State funding of urban public schools
has not adequately reflected need; and
``(18) Federal funding that is well-targeted, flexible, and
accountable would contribute significantly to addressing the
comprehensive needs of inner-city public schools.
``SEC. 12862. PURPOSE.
``It is the purpose of this subpart to provide financial assistance
to--
``(1) assist urban public schools in meeting the National
Education Goals;
``(2) improve the educational and social well-being of
urban public school children;
``(3) close the achievement gap between urban and nonurban
public school children, while improving the achievement level
of all children nationally;
``(4) conduct coordinated research on urban public
education problems, solutions, and promising practices;
``(5) improve the Nation's global economic and educational
competitiveness by improving the Nation's urban schools; and
``(6) encourage community, parental, and business
collaboration in the improvement of urban schools.
``SEC. 12863. URBAN SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to
eligible local educational agencies serving an urban area or State
educational agencies in the case where the State educational agency is
the local educational agency for activities designed to assist in local
school improvement efforts and school reform, and to assist the schools
of such agencies in meeting the National Education Goals.
``(b) Authorized Activities.--Funds under this section may be used
to--
``(1) increase the academic achievement of urban public
school children to at least the national average, such as--
``(A) effective public schools programs;
``(B) tutoring, mentoring, and other activities to
improve academic achievement directly;
``(C) activities designed to increase the
participation of minority and female students in entry
level and advanced courses in mathematics and science;
``(D) supplementary academic instruction;
``(E) efforts to improve problem-solving and
higher-order thinking skills;
``(F) programs to increase student motivation for
learning; and
``(G) efforts to lengthen the school day or school
year, or to reduce class sizes;
``(2) ensure the readiness of all urban public school
children for school, such as--
``(A) full workday, full calendar-year
comprehensive early childhood development programs;
``(B) parenting classes and parent involvement
activities;
``(C) activities designed to coordinate
prekindergarten and child care programs;
``(D) efforts to integrate developmentally
appropriate prekindergarten services into the overall
public school program;
``(E) upgrading the qualifications of early
childhood education staff and standards for programs;
``(F) collaborative efforts with health and social
service agencies to provide comprehensive services and
to facilitate the transition from home to school;
``(G) establishment of comprehensive child care
centers in public secondary schools for students who
are parents and their children; and
``(H) augmenting early childhood development
programs to meet the special educational and cultural
needs of limited-English-proficient preschool children;
``(3) increase the graduation rates of urban public school
students to at least the national average, such as--
``(A) dropout prevention activities and support
services for public school students at-risk of dropping
out of school;
``(B) reentry, outreach, and support activities to
recruit students who have dropped out of school to
return to school;
``(C) development of systemwide policies and
practices that encourage students to stay in school;
``(D) efforts to provide individualized student
support, such as mentoring programs;
``(E) collaborative activities between schools,
parents, community groups, agencies, and institutions
of higher education aimed at preventing individuals
from dropping out of school;
``(F) programs to increase student attendance; and
``(G) alternative programs for students, especially
bilingual and special education students, who have
dropped out of school or are at risk of dropping out of
school;
``(4) prepare urban public school students to enter higher
education, pursue careers, and exercise their responsibilities
as citizens, such as--
``(A) activities designed to increase the number
and percentages of students, particularly minority
students, enrolling in postsecondary educational
institutions after graduation from public secondary
schools;
``(B) in-school youth employment, vocational
education, and career education programs that improve
the transition from school to work;
``(C) activities designed in collaboration with
colleges and universities to assist urban public school
graduates in completing higher education;
``(D) efforts to increase voter registration among
eligible public secondary school students;
``(E) activities designed to promote community
service and volunteerism among students, parents,
teachers, and the community; and
``(F) civic education and other programs designed
to enhance responsible citizenship and understanding of
the political process;
``(5) recruit and retain qualified teachers, such as--
``(A) school-based management projects and
activities;
``(B) programs designed to test efforts to increase
the professionalization of teachers or to bring
teachers up to national voluntary standards;
``(C) alternative routes to certification for
qualified individuals from business, the military, and
other fields;
``(D) efforts to recruit and retain teachers,
particularly minority teachers, specializing in
critical shortage areas, including early childhood
teachers, mathematics and science teachers, and special
education and bilingual teachers;
``(E) upgrading the skills of teacher aides and
paraprofessionals to permit such individuals to become
certified teachers;
``(F) activities specifically designed to increase
the number of minority teachers in urban schools;
``(G) incentives for teachers to work in inner-city
public schools; and
``(H) collaborative activities with urban
universities to revise and upgrade teacher training
programs;
``(6) provide for ongoing staff development to increase the
professional capacities of the teaching staff and the skills of
teacher aides and paraprofessionals;
``(7) decrease the use of drugs and alcohol among urban
public school students and enhance the physical and emotional
health of such students, such as--
``(A) activities designed to improve the self-
esteem and self-worth of urban public school students;
``(B) the provision of health care services and
other social services and the coordination of such
services with other health care providers;
``(C) programs designed to improve safety and
discipline and reduce in-school violence, vandalism,
and gang activity;
``(D) activities that begin in the early grades and
are designed to prevent drug and alcohol abuse and
smoking among students and teachers;
``(E) collaborative activities with other agencies,
businesses, and community groups to discourage the
advertisement and glorification of drugs and alcohol;
``(F) efforts to enhance health education and
nutrition education; and
``(G) alternative public schools, and schools-
within-schools programs, including bilingual and
special education programs for public school students
with special needs; or
``(8) plan, develop, operate, or expand programs and
activities that are designed to assist urban public schools in
meeting the National Education Goals, including--
``(A) training of teachers and other educational
personnel in subject areas, or in instructional
technology and methods that will improve the delivery
of services in urban settings and assist in the
achievement of the National Education Goals, including
staff development efforts that emphasize multicultural
and gender and disability bias-free curricula;
``(B) coordination and collaboration with other
municipal agencies, child care organizations,
universities, or the private sector;
``(C) parental involvement and outreach efforts and
other activities designed to enhance parental
encouragement of student learning;
``(D) pupil services and other support services
that contribute to progress in achieving National
Education Goals;
``(E) efforts to acquire and improve access to
educational technology;
``(F) assist the schools most in need of services
by replicating successful efforts of other urban local
educational agencies and expanding successful programs
within the eligible agency; or
``(G) efforts to improve and strengthen the
curriculum and coordinate services across grade levels.
``(c) Applications.--
``(1) In general.--An eligible local educational agency
desiring to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require, consistent with this section.
``(2) Duration.--An application submitted pursuant to
paragraph (1) may be for a period of not more than five years.
``(d) Payments.--The Secretary shall make an award only to urban
eligible local educational agencies that--
``(1) comply with the provisions of section 12866; and
``(2) demonstrate to the satisfaction of the Secretary that
the data submitted pursuant to section 12861 shows progress
toward meeting National Education Goals.
``(e) Administrative Costs.--Not more than five percent of any
award made under this subpart may be used for administrative costs.
``SEC. 12864. SPECIAL RULES.
``(a) Special Consideration.--In making awards under this subpart,
the Secretary shall give special consideration to urban eligible local
educational agencies in which there is--
``(1) low achievement;
``(2) high poverty; and
``(3) racial isolation.
``(b) Flexibility.--Each urban eligible local educational agency
shall have the flexibility to serve homeless children, children in
schools undergoing desegregation, immigrants, migrants, or other highly
mobile populations within the program assisted under this subpart.
``Subpart 2--Rural Education Demonstration Grants
``SEC. 12871. FINDINGS.
``The Congress finds that--
``(1) the ability of America's rural public school systems
to meet the National Education Goals will contribute to the
economic competitiveness and academic standing of the Nation in
the world community;
``(2) approximately 60 percent of the Nation's public
school districts are rural with a population of less than
2,500;
``(3) about 1 out of every 4 of America's rural school
children are living below the poverty line;
``(4) the quality of public education in the rural areas of
the Nation has a direct effect on the economic development of
the rural communities of the Nation;
``(5) the success of rural public schools in boosting the
achievement of minority youth attending such schools will
determine the ability of the Nation to close the gap between
the haves and the have-nots in society;
``(6) the academic performance of students in the average
rural school system is below that of students in most other
suburban school systems;
``(7) the average age of rural public school buildings is
more than 45 years old and such buildings are often in serious
disrepair, creating poor and demoralizing working and learning
conditions;
``(8) shortages of teachers for rural public school systems
is greater than in other kinds of school systems;
``(9) solving the challenges facing the Nation's rural
public schools will require the concerted and collaborative
efforts of all levels of government and all sectors of the
community;
``(10) additional Federal funding would contribute
significantly to addressing the comprehensive needs of rural
schools;
``(11) rural public schools enroll a disproportionately
large share of the Nation's poor and at-risk youth;
``(12) a declining number of rural public secondary school
graduates are pursuing postsecondary education opportunities;
``(13) rural preschoolers have less access to early
childhood development programs than other children; and
``(14) Federal and State funding of rural public schools
has not adequately reflected need.
``SEC. 12872. PURPOSE.
``It is the purpose of this subpart to provide financial assistance
to rural public schools most in need, to encourage the comprehensive
restructuring of America's rural schools, the appropriate use of
telecommunications technologies for learning, and to support innovative
programs which improve performance through programs and projects
designed to--
``(1) assist rural public schools in meeting National
Education Goals;
``(2) encourage rural public schools to engage in school
reform;
``(3) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(4) improve the educational and social well-being of
rural public school children;
``(5) close the achievement gap between children attending
rural public schools and other children, while improving the
achievement level of all children nationally;
``(6) conduct coordinated research on rural education
problems, solutions, promising practices, and distance learning
technologies;
``(7) improve the Nation's global economic and educational
competitiveness by improving the Nation's rural public schools;
``(8) encourage community, parental, and business
collaboration in the improvement of rural public schools;
``(9) encourage rural school consortia for the purpose of
increasing efficiency and course offerings;
``(10) encourage a positive role for rural public schools
in local rural entrepreneurship and the identification of rural
community economic development opportunities;
``(11) encourage community-as-school concepts, which
include the role public schools can play to assist with rural
community economic revitalization; and
``(12) provide for the recruitment and meaningful inservice
opportunities for rural public school teachers.
``SEC. 12873. RURAL SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to
rural eligible local educational agencies, or State educational
agencies in the case where the State educational agency is the local
educational agency, for activities designed to assist in local school
improvement efforts.
``(b) Award Rules.--
``(1) Less than $50,000,000.--If the amount made available
to carry out this subpart for any fiscal year is less than
$50,000,000, the Secretary shall award grants under this
section on a competitive basis.
``(2) Equal to or greater than $50,000,000.--If the amount
made available to carry out this subpart for any fiscal year is
equal to or greater than $50,000,000, the Secretary shall award
grants under this section so that a rural eligible local
educational agency in each State receives such a grant.
``(c) Administrative Costs.--Not more than five percent of a grant
awarded under section 12573 shall be used for administrative costs.
``(d) Duration.--Each grant under this section shall be awarded for
a period of not more than five years.
``SEC. 12874. USES OF FUNDS.
``(a) In General.--Grant funds made available under section 12873
may be used by rural eligible local educational agencies to meet the
National Education Goals through programs designed to--
``(1) increase the academic achievement of rural public
school children to at least the national average of such
achievement, including education reform initiatives, such as--
``(A) effective public schools programs;
``(B) tutoring, mentoring, and other activities to
improve academic achievement directly;
``(C) supplementary academic instruction;
``(D) efforts to improve problem-solving and
higher-order critical thinking skills; and
``(E) efforts to lengthen the school day, school
year, or reduce class sizes;
``(2) develop pilot projects that experiment with
innovative ways to teach rural public school children more
effectively;
``(3) encourage the formation of rural school consortia for
the purpose of increasing efficiency and course offerings;
``(4) provide meaningful inservice training opportunities
for rural public school teachers;
``(5) assist rural schools in acquiring and improving
access to educational technology, including distance learning
technologies;
``(6) ensure the readiness of all rural children for
school, such as--
``(A) full workday, full calendar-year
comprehensive early childhood development programs;
``(B) parenting classes, including parenting
classes for teenage parents, and parent involvement
activities;
``(C) activities designed to coordinate
prekindergarten and child care programs;
``(D) efforts to integrate developmentally
appropriate prekindergarten services into the overall
public school program;
``(E) improving the skills of early childhood
education staff and standards for programs;
``(F) collaborative efforts with health and social
service agencies to provide comprehensive services and
to facilitate the transition from home to school;
``(G) establishment of comprehensive child care
centers in public secondary schools for student parents
and their children; and
``(H) augmenting early childhood development
programs to meet the special educational and cultural
needs of limited-English proficient children, children
with disabilities, and migrant preschool children;
``(7) increase the graduation rates of rural public school
students to at least the national average of such rate, when
funds are used to serve secondary schools, such as--
``(A) dropout prevention activities and support
services for students at-risk of dropping out of
school;
``(B) reentry, outreach and support activities to
recruit students who have dropped out of school to
return to school;
``(C) development of systemwide policies and
practices that encourage students to stay in school;
``(D) efforts to provide individualized student
support;
``(E) collaborative activities between schools,
parents, community groups, agencies, and institutions
of higher education aimed at preventing individuals
from dropping out of school;
``(F) programs to increase student attendance; and
``(G) alternative programs for students, especially
bilingual, special education, and migrant students, who
have dropped out of school or are at risk of dropping
out of school;
``(8) prepare rural public school students to enter higher
education, pursue careers, and exercise their responsibilities
as citizens, such as--
``(A) activities designed to increase the number
and percentages of students, enrolling in postsecondary
educational institutions after graduation from
secondary schools;
``(B) in-school youth employment, vocational
education, and career education programs that improve
the transition from school to work;
``(C) activities designed in collaboration with
colleges and universities to assist rural public school
graduates in completing higher education;
``(D) activities designed in conjunction with
community colleges to provide a kindergarten through
grade 14 experience for rural public school secondary
school students;
``(E) efforts to increase voter registration among
eligible public secondary school students attending
schools served by rural eligible local educational
agencies;
``(F) activities designed to promote community
service and volunteerism among students, parents,
teachers, and the community;
``(G) civic education, law-related education, and
other programs designed to enhance responsible
citizenship and understanding of the political process;
and
``(H) encouraging a positive role for rural public
schools in local rural entrepreneurship and the
identification of rural community economic development opportunities;
``(9) recruit and retain qualified teachers, such as--
``(A) school-based management projects and
activities;
``(B) programs designed to increase the status of
the teaching profession;
``(C) alternative routes to certification for
qualified individuals from business, the military, and
other fields;
``(D) efforts to recruit and retain teachers in
critical shortage areas, including early childhood
teachers, mathematics and science teachers, foreign
language teachers, and special education and bilingual
teachers;
``(E) upgrading the skills of existing classroom
teachers through the use of year-round, systematic,
comprehensive inservice training programs;
``(F) upgrading the skills of teacher aides and
paraprofessionals to assist such individuals in
becoming certified teachers;
``(G) efforts specifically designed to increase the
number of minority teachers in rural public schools;
``(H) programs designed to encourage parents and
students to enter the teaching profession;
``(I) incentives for teachers to work in rural
public schools;
``(J) collaborative activities with colleges and
universities to revise and upgrade teacher training
programs to meet the needs of rural public school
students; and
``(K) training activities for the purpose of
incorporating distance learning technologies; or
``(10) decrease the use of drugs and alcohol among rural
public school students, and to enhance the physical and
emotional health of such students, such as--
``(A) activities designed to improve the self-
esteem and self-worth of rural students;
``(B) the provision of health care services and
other social services and the coordination of such
services with other health care providers;
``(C) programs designed to improve safety and
discipline and reduce in-school violence and vandalism;
``(D) activities that begin in the early grades and
are designed to prevent drug and alcohol abuse and
smoking among students;
``(E) collaborative activities with other agencies,
businesses, and community groups;
``(F) efforts to enhance health education and
nutrition education; and
``(G) alternative public schools, and schools-
within-schools programs, including bilingual, migrant,
and special education programs for students with
special needs.
``(b) Applications.--Each eligible entity desiring a grant under
section 12873 shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require. Each grant awarded under section
12873 shall be of sufficient size and scope to achieve significant
rural school improvement.
``SEC. 12875. HIGHER EDUCATION GRANTS.
``(a) Grants.--The Secretary is authorized to make grants to
institutions of higher education, consortia of such institutions, or
partnerships between institutions of higher education and local
educational agencies to assist rural schools and rural eligible local
educational agencies in undertaking local school improvement
activities.
``(b) Authorized Activities.--Grant funds under this section may be
used to--
``(1) assist rural schools in meeting National Education
Goals;
``(2) assist in the recruitment and training of teachers in
rural schools;
``(3) assist rural schools in the development of
appropriate innovative school improvement initiatives;
``(4) provide inservice training opportunities for teachers
in rural schools; and
``(5) provide technical assistance in the use and
installation of innovative telecommunications technology.
``(c) Applications.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may reasonably require.
``Subpart 3--White House Conferences
``SEC. 12881. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.
``(a) Authorization To Call Conference.--
``(1) In general.--The President is authorized to call and
conduct a White House Conference on Urban Education (referred
to in this section as the `Conference') which shall be held not
earlier than November 1, 2002, and not later than October 30,
2004.
``(2) Purpose.--The purpose of the Conference shall be to--
``(A) develop recommendations and strategies for
the improvement of urban education;
``(B) marshal the forces of the private sector,
governmental agencies at all levels, parents, teachers,
communities, and education officials to assist urban
public schools in achieving National Education Goals;
and
``(C) conduct the initial planning for a permanent
national advisory commission on urban education.
``(b) Composition of Conference.--
``(1) In general.--The Conference shall be comprised of 12
individuals, including--
``(A) representatives of urban public school
systems, including members of the governing body of
local educational agencies, and school superintendents;
``(B) representatives of the Congress, the
Department of Education, and other Federal agencies;
``(C) State elected officials and representatives
from State educational agencies; and
``(D) individuals with special knowledge of and
expertise in urban education.
``(2) Selection.--The President shall select one-third of
the participants of the Conference, the majority leader of the
Senate, in consultation with the minority leader of the Senate,
shall select one-third of such participants, and the Speaker of
the House of Representatives, in consultation with the minority
leader of the House, shall select the remaining one-third of
such participants.
``(3) Representation.--In selecting the participants of the
Conference, the President, the majority leader of the Senate,
and the Speaker of the House of Representatives shall ensure
that the participants are as representative of the ethnic,
racial, and linguistic diversity of cities as is practicable.
``(c) Report.--
``(1) In general.--Not later than 120 days following the
termination of the Conference, a final report of the
Conference, containing such findings and recommendations as may
be made by the Conference, shall be submitted to the President.
The final report shall be made public and, not later than 90
days after receipt by the President, transmitted to the
Congress together with a statement of the President containing
recommendations for implementing the report.
``(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report described in
this section. Copies of the report shall be provided to the
Federal depository libraries and made available to local urban
public school leaders.
``SEC. 12882. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.
``(a) Authorization To Call Conference.--
``(1) In general.--The President is authorized to call and
conduct a White House Conference on Rural Education (hereafter
in this section referred to as the `Conference').
``(2) Date.--The Conference shall be held not earlier than
November 1, 2001, and not later than October 30, 2002.
``(3) Purpose.--The purposes of the Conference shall be
to--
``(A) develop recommendations and strategies for
the improvement of rural public education;
``(B) marshal the forces of the private sector,
governmental agencies at all levels, parents, teachers,
communities, and education officials to assist rural
public schools in achieving National Education Goals,
and make recommendations on the roles rural public
schools can play to assist with local rural community
economic revitalization; and
``(C) conduct the initial planning for a permanent
national commission on rural public education.
``(b) Composition of Conference.--
``(1) In general.--The Conference shall be comprised of--
``(A) representatives of eligible public school
systems, including members of the governing body of
local educational agencies, school superintendents, and
classroom teachers;
``(B) representatives of the Congress, the
Department, and other Federal agencies;
``(C) State elected officials and representatives
from State educational agencies;
``(D) individuals with special knowledge of, and
expertise in, rural education, including individuals
involved with rural postsecondary education; and
``(E) individuals with special knowledge of, and
expertise in, rural business.
``(2) Selection.--The President shall select one-third of
the participants of the Conference, the majority leader of the
Senate, in consultation with the minority leader of the Senate,
shall select one-third of such participants, and the Speaker of
the House of Representatives, in consultation with the minority
leader of the House, shall select the remaining one-third of
such participants.
``(3) Representation.--In selecting the participants of the
Conference, the President, the majority leader of the Senate,
and the Speaker of the House of Representatives shall ensure
that the participants are as representative of the ethnic,
racial, and language diversity of rural areas as is
practicable.
``(c) Report.--
``(1) In general.--Not later than 120 days following the
termination of the Conference, a final report of the
Conference, containing such findings and recommendations as may
be made by the Conference, shall be submitted to the President.
The final report shall be made public and, not later than 90
days after receipt by the President, transmitted to the
Congress together with a statement of the President containing
recommendations for implementing the report.
``(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report described in
this section. Copies of the report shall be provided to the
Federal depository libraries and made available to local rural
school leaders and teachers.
``PART J--NATIONAL WRITING PROJECT
``SEC. 12891. FINDINGS.
``The Congress finds that--
``(1) the United States faces a crisis in writing in
schools and in the workplace;
``(2) the writing problem has been magnified by the rapidly
changing student populations and the growing number of at-risk
students due to limited English proficiency;
``(3) over the past two decades, universities and colleges
across the country have reported increasing numbers of entering
freshmen who are unable to write at a level equal to the
demands of college work;
``(4) American businesses and corporations are concerned
about the limited writing skills of entry-level workers, and a
growing number of executives are reporting that advancement was
denied to them due to inadequate writing abilities;
``(5) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of limited
English proficiency;
``(6) writing and reading are both fundamental to learning,
yet writing has been historically neglected in the schools and
colleges, and most teachers in the United States elementary
schools, secondary schools, and colleges have not been trained
to teach writing;
``(7) since 1973, the only national program to address the
writing problem in the Nation's schools has been the National
Writing Project, a network of collaborative university-school
programs whose goal is to improve the quality of student
writing and the teaching of writing at all grade levels and to
extend the uses of writing as a learning process through all
disciplines;
``(8) the National Writing Project offers summer and school
year inservice teacher training programs and a dissemination
network to inform and teach teachers of developments in the
field of writing;
``(9) the National Writing Project is a nationally
recognized and honored nonprofit organization that recognizes
that there are teachers in every region of the country who have
developed successful methods for teaching writing and that such
teachers can be trained and encouraged to train other teachers;
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as
mathematics, science, history, literature, performing arts, and
foreign languages;
``(11) the National Writing Project teacher-teaching-
teachers program identifies and promotes what is working in the
classrooms of the Nation's best teachers;
``(12) the National Writing Project teacher-teaching-
teachers project is a positive program that celebrates good
teaching practices and good teachers and through its work with
schools increases the Nation's corps of successful classroom
teachers;
``(13) evaluations of the National Writing Project document
the positive impact the project has had on improving the
teaching of writing, student performance, and student thinking
and learning ability;
``(14) the National Writing Project programs offer career-
long education to teachers, and teachers participating in the
National Writing Project receive graduate academic credit;
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school year in-service programs
through one of the 154 regional sites located in 45 States, the
Commonwealth of Puerto Rico, and in 4 sites that serve United
States teachers in United States dependent and independent
schools;
``(16) 250 National Writing Project sites are needed to
establish regional sites to serve all teachers;
``(17) private foundation resources, although generous in
the past, are inadequate to fund all of the National Writing
Project sites needed and the future of the program is in
jeopardy without secure financial support;
``(18) independent evaluation studies have found the
National Writing Project to be highly cost effective compared
to other professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for
the National Writing Project, the National Writing Project
matched the $1,951,975 in Federal support with $9,485,504 in
matching funds from State, local, and other sources.
``SEC. 12892. NATIONAL WRITING PROJECT.
``(a) Authorization.--The Secretary is authorized to make a grant
to the National Writing Project (hereafter in this section referred to
as the `grantee'), a nonprofit educational organization which has as
its primary purpose the improvement of the quality of student writing
and learning, and the teaching of writing as a learning process in the
Nation's classrooms--
``(1) to support and promote the establishment of teacher
training programs, including the dissemination of effective
practices and research findings regarding the teaching of
writing and administrative activities;
``(2) to support classroom research on effective teaching
practice and to document student performance;
``(3) to coordinate activities assisted under this section
with activities assisted under title II; and
``(4) to pay the Federal share of the cost of such
programs.
``(b) Requirements of Grant.--The grant shall provide that--
``(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit educational
providers (hereafter in this section referred to as
`contractors') under which the contractors will agree to
establish, operate, and provide the non-Federal share of the
cost of teacher training programs in effective approaches and
processes for the teaching of writing;
``(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will
be used to pay the Federal share of the cost of establishing
and operating teacher training programs as provided in
paragraph (1); and
``(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary to assure
compliance with the provisions of this section and will provide
such technical assistance as may be necessary to carry out the
provisions of this section.
``(c) Teacher Training Programs.--The teacher training programs
authorized in subsection (a) shall--
``(1) be conducted during the school year and during the
summer months;
``(2) train teachers who teach grades kindergarten through
college;
``(3) select teachers to become members of a National
Writing Project teacher network whose members will conduct
writing workshops for other teachers in the area served by each
National Writing Project site; and
``(4) encourage teachers from all disciplines to
participate in such teacher training programs.
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2) or
(3) and for purposes of subsection (a), the term `Federal
share' means, with respect to the costs of teacher training
programs authorized in subsection (a), 50 percent of such costs
to the contractor.
``(2) Waiver.--The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National Advisory
Board described in subsection (f) determines, on the basis of
financial need, that such waiver is necessary.
``(3) Maximum.--The Federal share of the costs of teacher
training programs conducted pursuant to subsection (a) may not
exceed $40,000 for any one contractor, or $200,000 for a
statewide program administered by any one contractor in at
least five sites throughout the State.
``(e) Classroom Teacher Grants.--
``(1) In general.--The National Writing Project may reserve
an amount not to exceed 5 percent of the amount appropriated
pursuant to the authority of this section to make grants, on a
competitive basis, to elementary and secondary school teachers
to pay the Federal share of the cost of enabling such teachers
to--
``(A) conduct classroom research;
``(B) publish models of student writing;
``(C) conduct research regarding effective
practices to improve the teaching of writing; and
``(D) conduct other activities to improve the
teaching and uses of writing.
``(2) Supplement and not supplant.--Grants awarded pursuant
to paragraph (1) shall be used to supplement and not supplant
State and local funds available for the purposes set forth in
paragraph (1).
``(3) Maximum grant amount.--Each grant awarded pursuant to
this subsection shall not exceed $2,000.
``(4) Federal share.--For the purpose of this subsection
the term `Federal share' means, with respect to the costs of
activities assisted under this subsection, 50 percent of such
costs to the elementary or secondary school teacher.
``(f) National Advisory Board.--
``(1) Establishment.--The National Writing Project shall
establish and operate a National Advisory Board.
``(2) Composition.--The National Advisory Board established
pursuant to paragraph (1) shall consist of--
``(A) national educational leaders;
``(B) leaders in the field of writing; and
``(C) such other individuals as the National
Writing Project deems necessary.
``(3) Duties.--The National Advisory Board established
pursuant to paragraph (1) shall--
``(A) advise the National Writing Project on
national issues related to student writing and the
teaching of writing;
``(B) review the activities and programs of the
National Writing Project; and
``(C) support the continued development of the
National Writing Project.
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an
independent evaluation by grant or contract of the teacher
training programs administered pursuant to this Act in
accordance with section 14701. Such evaluation shall specify
the amount of funds expended by the National Writing Project
and each contractor receiving assistance under this section for
administrative costs. The results of such evaluation shall be
made available to the appropriate committees of the Congress.
``(2) Funding limitation.--The Secretary shall reserve not
more than $150,000 from the total amount appropriated pursuant
to the authority of subsection (i) for fiscal year 2001 and the
four succeeding fiscal years to conduct the evaluation
described in paragraph (1).
``(h) Application Review.--
``(1) Review board.--The National Writing Project shall
establish and operate a National Review Board that shall
consist of--
``(A) leaders in the field of research in writing;
and
``(B) such other individuals as the National
Writing Project deems necessary.
``(2) Duties.--The National Review Board shall--
``(A) review all applications for assistance under
this subsection; and
``(B) recommend applications for assistance under
this subsection for funding by the National Writing
Project.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated for the grant to the National Writing Project, $4,000,000
for fiscal year 2002, and such sums as may be necessary for each of the
four succeeding fiscal years, to carry out the provisions of this
section.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on 21st Century Competitiveness.
Referred to the Subcommittee on Education Reform.
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