A bill to make certain technical amendments to improve implementation of the Education Consolidation and Improvement Act of 1981, and for other purposes.

(Conference report filed in House, H. Rept. 98-574)

Amends the Education Consolidation and Improvement Act of 1981 (ECIA) to revise Chapter 1 (Financial Assistance to Meet Special Educational Needs of Disadvantaged Children) provisions.

Revises State program design provisions to include preschool migratory children as eligible participants in State programs for migratory, handicapped, and neglected and delinquent children. Directs the Secretary of Education to continue to use specified definitions of "currently migratory children," "agricultural activity," "fishing activity," "migratory agricultural workers," and "migratory fisherman."

Requires each State educational agency (SEA) to: (1) evaluate programs assisted under Chapter 1 at least every two years and make public the results of such evaluation; and (2) collect data on the race, age, and gender, and number by grade-level, of children served by such programs.

Revises provisions relating to local educational agency (LEA) application assurances. Exempts any LEA with a total enrollment of less than 1,000 children from specified "targeting" requirements for the use of funds. Requires that such application assurances require the inclusion of those educationally deprived children who have the greatest need for special assistance. Requires that evaluation results be considered by LEAs in improving programs and projects assisted under Chapter 1.

Grants LEAs discretion to make certain education decisions which are consistent with achieving the purposes of Chapter 1.

Allows LEAs to designate any school attendance area in which at least 25 percent of the children are from low-income families as an eligible school attendance area for any fiscal year if the amount of State and local funds for eligible areas does not decline.

Allows LEAs to designate as eligible, and to serve, school attendance areas with substantially higher numbers or percentages of educationally deprived children before designating and serving areas with higher concentrations of children from low-income families, upon approval by State educational agencies (SEAs) and after a finding that the delivery of compensatory education service to low-income students will not be impaired.

Permits use of Chapter 1 funds for educationally deprived children in a school not located in an eligible school attendance area when the proportion of children from low-income families in average daily attendance in such school is substantially equal to the proportion of such children in an eligible school attendance area of the LEA.

Permits continued designation, for an additional fiscal year, of any eligible school attendance area or eligible school which has been so designated in either of the two preceding years, even if the area or school does not otherwise qualify.

Permits, with the approval of the SEA, the skipping of eligible areas or schools receiving similar services from non-Federal sources, with specified exceptions for purposes of determining services to private school children.

Allows children who, in any previous year, were identified as being in greatest need of assistance, and who continue to be educationally deprived, but who are no longer identified as being in the greatest need of assistance, to participate in a program or project assisted under the Omnibus Education Reconciliation Act of 1981 for the current fiscal year.

Permits continued participation in a Chapter 1 program by educationally deprived children who are transferred out of an eligible area or school during the same school year.

Provides that LEAs are not required to use Chapter 1 funds to serve educationally deprived children in greatest need of assistance if such children are already receiving, from non-Federal sources, services of the same nature and scope as would otherwise be provided under Chapter 1.

Permits use of Chapter 1 funds for projects designed to upgrade the entire educational program in that school, if at least 75 percent of the children attending are from low-income families.

Permits assignment of school personnel who are paid entirely by Chapter 1 funds to limited, rotating, supervisory duties which are assigned to similarly situated personnel who are not paid with such funds.

Requires LEAs to convene annual public meetings, to which all parents of children participating in Chapter 1 programs are invited, to explain Chapter 1 programs and activities. Allows LEAs to provide reasonable support for further activities requested by such parents.

Requires that such services for educationally deprived private school children comply with requirements that programs be conducted in LEA attendance areas with high concentrations of low-income children.

Requires SEAs to use Chapter 1 funds only as a supplement to the non-Federal funds for the education of students participating in programs assisted under Chapter 1.

Provides that exclusions of special State and local program funds from specified non-supplanting and comparability requirements include compensatory education for educationally deprived children which meets specified requirements under the Elementary and Secondary Education Act of 1965 (ESEA). Provides that such exclusions from comparability requirements include: (1) bilingual education for children of limited English proficiency; (2) special education for handicapped children or children with specific learning disabilities; and (3) certain State phase-in programs described under ESEA.

Provides that ECIA provisions relating to aid to LEAs which overlap county boundaries supersede specified ESEA provisions.

Revises Chapter 2 (Consolidation of Federal Programs for Elementary and Secondary Education) provisions of ECIA to include references to local design of educational programs.

Requires that State applications for Chapter 2 grants provide assurances that, apart from technical and advisory assistance and monitoring compliance, the SEA has not and will not influence LEA decisions on expenditure of funds allocated to the LEA under Chapter 2. Makes each LEA responsible for ensuring that each expenditure of its Chapter 2 funds is to meet the educational needs within its schools.

Permits the use of specified carry-over funds to cover expenses for program phaseout and transition (from ESEA to Chapter 2 of ECIA).

Sets, at one percent of sums appropriated for Chapter 2 in any one fiscal year, the amount which the Secretary of Education must reserve for payments to specified U.S. territories and possessions.

Permits audits of LEAs receiving less than an average $5,000 each year under Chapter 2 to take place at five-year intervals.

Permits a LEA to receive its allocation of Chapter 2 funds for any year for which its application to the SEA has been certified. Requires the SEA to certify any such application which meets the requirements of the Act.

Provides that specified school level planning requirements apply only to programs under Subchapter A (Basic Skills Development) of Chapter 2.

Revises Chapter 3 (General Provisions) of ECIA. Provides that nothing in the Act shall be deemed to authorize or prohibit an SEA from adopting requirements applicable to programs assisted under this Act which do not conflict with this Act or other applicable Federal law. Requires that State rules, policies, or data collection forms relating to programs funded under the Act be identified as State imposed requirements.

Deletes a requirement that specified hearings relating to withholding of payments be "on the record," but requires that transcripts or recordings of such hearings be made and be available for inspection by any person.

Provides, for purposes of judicial review, that a LEA shall be presumed to have complied with ECIA, unless the Secretary's findings of fact, supported by the weight of evidence, overcome such presumption.

Provides that the General Education Provisions Act (GEPA) shall apply to the programs authorized by ECIA but that specified GEPA provisions shall be superseded by specified provisions of ECIA (including parental involvement provisions).

Amends GEPA provisions relating to the responsibility of States to furnish information to repeal requirements that State reports include: (1) compilations of reports from LEAs and other public and private agencies and institutions using Federal funds; and (2) statistical reports on individuals served or affected by federally-assisted programs, projects, or activities.

Amends title I (Financial Assistance to Meet the Special Educational Needs of Children) of ESEA to make technical and conforming amendments. Revises specified references in ESEA to conform with amendments made by ECIA. Makes such amendments applicable only to funds made available under ECIA.

Amends the Omnibus Education Reconciliation Act of 1981 to extend through FY 1984 the authorization of appropriations for title VII (Bilingual Education Programs - also known as the Bilingual Education Act) of ESEA.

Makes conforming amendments to ECIA relating to references to private schools.

Makes a conforming amendment to ESEA which provides for waivers of ECIA requirements for certain U.S. territories and possessions.

Directs the Secretary of Education to conduct a national assessment of compensatory education assisted under Chapter 1 of ECIA, through independent studies and analysis by the National Institute of Education (NIE). Directs NIE to: (1) consult with specified congressional committees in designing and implementing such assessment; (2) report preliminary results of the assessment to Congress in January and July of 1986; and (3) submit a final report to Congress by January 1, 1987. Prohibits any review of such reports outside the Department of Education before transmittal to Congress, but permits the President and the Secretary to make additional recommendations to Congress with respect to the assessment.

Amends Federal law relating to Federal impact aid payments to local educational agencies to provide that, if any legislation enacted after March 31, 1983, places any additional restriction on impact aid payments based on the concentration of children in LEA schools, the allocation for any State (other than a U.S. territory or possession) with only one LEA will be determined by treating the State's administrative school districts as LEAs. Limits any increase for FY 1984 through 1986 in impact aid to such State as a result of such treatment to ten percent of the amount which would otherwise be paid to such State in the preceding fiscal year.

Amends the Omnibus Budget Reconciliation Act of 1981 to specify that a limitation on the authorization of appropriations for the National Center for Education Statistics applies only to the Center's grant and contract authority. Prohibits the Center from terminating the study of the condition of education for Hispanic Americans unless specifically required or authorized to do so by law.

Allows recipients of funds under ECIA, during the period of July 1, 1982, through June 30, 1983, to expend such funds in accordance with ECIA as in effect either prior to or after the enactment of this Act.