[House Report 106-608]
[From the U.S. Government Publishing Office]
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106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-608
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EDUCATION OPPORTUNITIES TO PROTECT AND INVEST IN OUR NATION'S STUDENTS
(EDUCATION OPTIONS) ACT
_______
May 4, 2000.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodling, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
MINORITY, ADDITIONAL AND DISSENTING VIEWS
[To accompany H.R. 4141]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 4141) to amend the Elementary and
Secondary Education Act of 1965, and for other purposes, having
considered the same, report favorably thereon with an amendment
and recommend that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Education Opportunities To Protect and
Invest In Our Nation's Students (Education OPTIONS) Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--TRANSFERABILITY
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Transferability.
TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION
Sec. 201. DRUG AND VIOLENCE PREVENTION AND EDUCATION
Sec. 202. Use of certain funds.
TITLE III--TECH FOR SUCCESS
Sec. 301. Tech for success.
TITLE IV--INNOVATIVE EDUCATION PROGRAMS
Sec. 401. Innovative education program strategies.
TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE
Part A--Fund for the Improvement of Education
Sec. 501. Fund for the improvement of education.
Part B--Arts Education
Sec. 511. Arts education.
Part C--Public Charter Schools
Sec. 521. Public charter schools.
Part D--Civic Education
Sec. 531. Civic education.
Part E--Allen J. Ellender Fellowship Program
Sec. 541. Allen J. Ellender Fellowship Program.
TITLE VI--GENERAL PROVISIONS
Sec. 601. General provisions.
Sec. 602. Repeals.
Sec. 603. Effective date.
SEC. 3. PURPOSE.
The purpose of this Act is to provide States and local school
districts with--
(1) resources to provide safe learning environments for all
students;
(2) flexibility in managing Federal elementary and secondary
education programs and the option to transfer certain education
funds between formula programs to more effectively serve their
students;
(3) technologies to enhance academic coursework and prepare
for the challenges of the 21st century; and
(4) less bureaucracy and paperwork and more dollars to the
classroom for principals, teachers, and students.
TITLE I--TRANSFERABILITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``State and Local Transferability
Act''.
SEC. 102. PURPOSE.
The purpose of this title is to grant flexibility to States and
school districts to target--
(1) Federal funds to Federal programs that most effectively
address the unique needs of States and localities; and
(2) additional Federal funds to title I programs.
SEC. 103. TRANSFERABILITY.
Part B of title XIV of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end the
following:
``SEC. 14206. TRANSFERABILITY.
``(a) State Transfer Authority.--
``(1) In general.--A State may transfer up to 100 percent of
nonadministrative State funds allocated to such State which are
authorized to be used for State-level activities under any of
the following provisions to the allocation of the State under
any other of such provisions:
``(A) Title II (excluding national activities).
``(B) Subpart 2 of part A of title III.
``(C) Part A of title IV.
``(D) Title VI.
``(E) Part C of title VII.
``(F) Comprehensive school reform programs as
authorized under section 1502 as described on pages 96-
99 of the Joint Statement of the Committee of
Conference included in House Report 105-390 (Conference
Report on the Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 1998).
``(2) Supplemental funds for title i.--A State may transfer
any funds allocated to the State under a provision listed in
paragraph (1) to its allocation under title I.
``(b) Local Educational Agency Transfer Authority.--
``(1) Transfer of funds.--
``(A) In general.--Subject to subparagraphs (C), (D),
and (E), a local educational agency may transfer funds
allocated to such agency under any of the provisions
listed in paragraph (2).
``(B) Supplemental funds for title i.--Subject to
subparagraphs (C), (D), and (E), a local educational
agency may transfer funds allocated to such agency
under a provision listed in paragraph (2) to its
allocation under title I.
``(C) Under 35 percent.--A transfer under
subparagraph (A) or (B) of up to 35 percent of the
funds allocated to a local educational agency under a
provision listed in paragraph (2) in a fiscal year may
be made without State approval.
``(D) Over 35 percent.--Subject to paragraph (3), a
transfer under subparagraph (A) or (B) in a fiscal year
of funds allocated to a local educational agency under
a provision listed in paragraph (2) in a fiscal year
the amount of which, when added to the amount of other
transfers by the agency of such funds in such fiscal
year, is more than 35 percent of such funds may be made
only with the approval of the State.
``(E) Title ii transfers.--If a local educational
agency provides assurances that the amount of funds
expended for professional development in mathematics
and science under title II in a fiscal year will equal
or exceed the amount of funds expended for the year
preceding the date of enactment of the Education
OPTIONS Act such agency may transfer funds allocated to
it under title II.
``(2) Applicable provisions.--The provisions from which a
local educational agency may transfer funds under this
subsection are as follows:
``(A) Title II (excluding national activities).
``(B) Subpart 2 of part A of title III.
``(C) Part A of title IV.
``(D) Title VI.
``(E) Part C of title VII.
``(F) Section 310 of the Department of Education Act,
2000, included in the Departments of Labor, Health and
Human Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law by
section 1004(a)(4) of Public Law 106-113).
``(3) Special approval.--If a local educational agency
submits to its State a written request to make a transfer under
this subsection that requires State approval, the following
applies:
``(A) 60 days for approval.--Such transfer shall be
deemed approved by the State unless the State, within
60 days after receipt of such transfer request,
disapproves such request or promptly notifies the
agency in writing of such revisions as may be necessary
before the State will approve the transfer.
``(B) Consideration for approval.--When approving a
local education agency request to transfer an amount
greater than 35 percent, the State shall consider the
degree to which the transfer accomplishes the
following:
``(i) Enables the local educational agency to
direct resources to a Federal program that more
effectively addresses the needs of their
students, particularly the most disadvantaged
students.
``(ii) Allows the local educational agency to
target or focus resources to address specific
areas of need or priority when Federal
requirements would otherwise prevent, or
significantly impede, such an effort.
``(c) Limitation.--A State or a local educational agency may not
transfer any funds allocated to it under title I to any other program
under this Act.
``(d) State Plan and Application Modification; Prenotification.--Each
State transferring funds under this section shall--
``(1) modify any plan or application of the State that is
applicable to such funds to account for such transfer and
submit, within 30 days after the date of such transfer, a copy
of such modified plan or application to the Department of
Education; and
``(2) notify the Department of Education no less than 30 days
before the effective date of such transfer.
``(e) Local Plan and Application Modification; Prenotification.--
Each local educational agency transferring funds under this section
shall--
``(1) modify any plan or application of the agency that is
applicable to such funds to account for such transfer and
submit, within 30 days after the date of such transfer, a copy
of such modified plan or application to the State; and
``(2) notify the State no less than 30 days before the
effective date of such transfer.
``(f) Applicable Rules.--Except as otherwise provided in this
subsection, when funds are transferred to an allocation under this
section, they become funds of the allocation to which they are
transferred and subject to all the requirements that are applicable to
that allocation.''.
TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION
SEC. 201. DRUG AND VIOLENCE PREVENTION AND EDUCATION.
Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended to read as follows:
``TITLE IV--SUPPORTING DRUG AND VIOLENCE PREVENTION AND EDUCATION FOR
STUDENTS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Supporting Drug and Violence
Prevention and Education for Students and Communities Act of 2000'.
``SEC. 4002. FINDINGS.
``Congress finds as follows:
``(1) Students need drug-free and safe schools and
communities in order to maximize their academic performance and
their future opportunities.
``(2) Drug use among children ages 12 through 17 doubled from
the historic low year of 1992, when 5.3 percent of youth in
that age group were current users, as compared to 11.4 percent
in 1997. While youth use of some drugs, including
hallucinogens, has slightly dropped since 1997, use of other
drugs, such as ecstasy, has increased in 1999 (up 1.1 percent
in use among 10th graders).
``(3) Drug use by youth increases the likelihood that a child
will be delinquent, engage in high-risk sexual activity, not
finish high school, and commit theft, violence, and vandalism.
``(4) Drug use among rural youth is higher than that of youth
in large urban centers, and these rural youth abuse quite
serious drugs, including methamphetamine and cocaine. Many
rural communities have few resources for helping youth avoid
drug use.
``(5) Drug and violence prevention programs and activities
need to include efforts to prevent underage use of tobacco and
alcohol, and are more likely to succeed when such efforts are
included. Drug and violence prevention research calls for
aggressive activities to prevent the use of these gateway
drugs.
``(6) Students continue to face physical harm while at
school. From 1993 to 1997, between 7 to 8 percent of students
in grades 9 through 12 were threatened or injured with a weapon
on school property over a 12-month period. Roughly 12 percent
of students in grades 9 through 12 reported being in a physical
fight on school property during a 12-month period between 1993
and 1997.
``(7) While schools statistically are one of the safest
places for youth, students report an increase in their
perception that they risk harm while at school, perhaps partly
due to the recent instances of extreme violence in schools.
``(8) Drug and violence prevention programs that incorporate
`protective factors' tend to reduce drug use and violence.
Protective factors include a student feeling connected to
parents and family, practicing religion and prayer, having
parents present at key times of the day, having high
educational expectations, feeling part of the school, and
having high self-esteem.
``(9) After school programs, because they keep youth in
supervised settings, prevent drug use and violence at least
during the time of those programs. Research indicates that the
juvenile crime rate triples between the hours of 3 p.m. and 6
p.m., and children in particular are most likely to be victims
of a violent crime committed by a non-family member between 2
p.m. and 6 p.m.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs that prevent the
use of drugs, that prevent violence, that involve parents and
communities, and that are coordinated with related Federal, State, and
community efforts and resources to foster a learning environment in
which students increase their academic achievement, through the
provision of Federal assistance to--
``(1) States for grants to local educational agencies and
consortia of such agencies to establish, operate, and improve
local programs of drug and violence prevention in elementary
and secondary schools;
``(2) States for grants to, and contracts with, community-
based organizations and other public and private nonprofit and
for-profit agencies and organizations for programs of drug and
violence prevention and education;
``(3) States for grants to local educational agencies,
community-based organizations, and private nonprofit and for-
profit organizations for before and after school programs for
youth and continuing educational opportunities for individuals
of all ages; and
``(4) public and private nonprofit and for-profit
organizations to conduct training, demonstrations, and
evaluations, and to provide supplementary services for drug and
violence prevention.
``SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated--
``(1) $1,033,377,000 for fiscal year 2000, and such sums as
may be necessary for each of the five succeeding fiscal years,
for State grants under part A; and
``(2) $20,000,000 for fiscal year 2000, and for each of the
five succeeding fiscal years, for national programs under part
B.--
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``SEC. 4111. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under section
4004(1) to carry out this part for each fiscal year, the Secretary--
``(1) shall reserve 0.5 percent (or $5,166,885, whichever is
greater) of such amount for grants under this subpart to Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, to be allotted in
accordance with the Secretary's determination of their
respective needs; and
``(2) shall reserve 0.5 (or $5,166,885, whichever is greater)
of such amount for the Secretary of the Interior to carry out
programs under this part for Indian youth.
``(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.
``(c) Reallotment of Unused Funds.--If any State does not apply for
an allotment under this subpart for a fiscal year, the Secretary shall
reallot the amount of the State's allotment to the remaining States in
accordance with this section.
``SEC. 4112. WITHIN-STATE DISTRIBUTION.
``(a) Governor's Allocation.--
``(1) In general.--The chief executive officer of a State may
reserve not more than 10 percent of the total amount allocated
to a State under section 4111 for each fiscal year for drug and
violence prevention programs and activities in accordance with
section 4115.
``(2) Law enforcement education partnerships.--The chief
executive officer of a State shall use not less than 10 percent
and not more than 20 percent of the amount described in
paragraph (1) for each fiscal year for law enforcement
education partnerships in accordance with section 4115(b)(3).
``(3) Administrative costs.--The chief executive officer of a
State may use not more than 3 percent of the amount described
in paragraph (1) for the administrative costs incurred in
carrying out the duties of such officer under this section.
``(4) Grant awards.--The chief executive officer of a State
shall use the remainder of funds not reserved under paragraphs
(2) and (3) to award competitive grants and contracts for
programs or activities that improve comprehensive community-
wide prevention efforts or provide direct services to youth at
the local level. Such officer shall award grants based on--
``(A) the quality of the activity or program
proposed; and
``(B) how closely the program or activity is aligned
with the appropriate principles of effectiveness
described in section 4115(a).
``(b) State Funds.--
``(1) In general.--An amount equal to the total amount
allotted to a State under section 4111, less the amount
reserved under subsection (a) and paragraphs (2) and (3) of
this subsection, for each fiscal year shall be made available
to the State and its local educational agencies for drug and
violence prevention activities in accordance with section 4115.
``(2) State activities.--A State shall use not more than 2
percent of the amount available under paragraph (1) for State
activities described in section 4115(c).
``(3) State administration.--A State may use not more than 2
percent of the amount made available under paragraph (1) for
the administrative costs of carrying out its responsibilities
under this part.
``(c) Distribution to Local Educational Agency.--
``(1) In general.--(A) A State shall distribute not less than
96 percent of the amount made available under subsection (b)
for each fiscal year as follows:
``(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.
``(ii) 30 percent of such amount to local educational
agencies that the State determines have the greatest
need for additional funds to carry out drug and
violence prevention programs in accordance with
subparagraph (B), a portion of which shall be
distributed in accordance with subparagraph (F).
``(B) In awarding funds under clause (ii) of subparagraph
(A), a State shall give special consideration to agencies that
pursue a comprehensive approach to drug and violence prevention
by providing or incorporating mental health services in their
programs.
``(C) Of the amount received under paragraph (1), a local
educational agency may use not more than 2 percent for the
administrative costs of carrying out its responsibilities under
this part.
``(D) In determining which local educational agencies have
the greatest need for additional funds, a State shall consider
objective data such as--
``(i) high rates of 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 related crime;
``(iv) high incidence of illegal gang activity;
``(v) high rates of referrals of youths to drug abuse
treatment and rehabilitation programs;
``(vi) high rates of referrals of youths to juvenile
court;
``(vii) high rates of expulsions and suspensions of
students from schools;
``(viii) high rates of reported cases of child abuse
and domestic violence;
``(ix) local fiscal capacity to fund drug and
violence prevention activities and programs without
Federal assistance;
``(x) high rates of drug related emergencies or
deaths;
``(xi) high degree of geographically rural isolation;
and
``(xii) local fiscal capacity to fund before and
after school activities for youth without Federal
assistance.
``(E) The distribution of funds shall reflect the
geographical diversity of local educational agencies in the
State.
``(F) Of the amount made available for distribution under
paragraph (2)(A)(ii), a State shall distribute 30 percent of
such amount for grants to local educational agencies in need of
assistance to plan, implement, or expand alternative education
programs (which may include in-school suspensions, Saturday
school, alternative schools within schools, charter schools
with a focus on alternative programs and services, and
alternative schools) giving priority to programs or activities
that serve students who have been suspended or expelled from
school. Such programs and services may include--
``(i) programs and activities designed to
reduce the incidence of suspensions and
expulsions;
``(ii) mental health services;
``(iii) behavior management, social skills
instruction and other programs and activities
designed to increase a student's sense of
community, such as service learning and
character education;
``(iv) tutoring, mentoring, and other
activities to improve academic performance;
``(v) support services to help a student
transition back into regular school programs;
and
``(vi) parental and family involvement
activities.
``(2) Return of funds to state; reallocation.--
``(A) Return.--Except as provided in subparagraph
(B), upon the expiration of the 1-year period beginning
on the date that a local educational agency receives
its allocation--
``(i) such agency shall return to the State
any funds from such allocation that remain
unobligated; and
``(ii) the State shall reallocate any such
amount to local educational agencies that have
plans for using such amount for programs or
activities on a timely basis.
``(B) Carryover.--In any fiscal year, a local
educational agency, may retain for obligation in the
succeeding fiscal year--
``(i) an amount equal to not more than 25
percent of the allocation it received under
this title for such fiscal year; or
``(ii) upon a demonstration of good cause by
such agency or consortium and approval by the
State, an amount that exceeds 25 percent of
such allocation.
``SEC. 4113. STATE APPLICATION.
``(a) In General.--In order to receive an allotment under section
4111 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, and other drug and
violence prevention programs, 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 incidence and 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 were developed in consultation
and coordination with appropriate State officials and others,
including the chief executive officer, the chief State school
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, including
religious organizations;
``(4) contains an assurance that the State will cooperate
with, and assist, the Secretary in conducting data collection
as required by section 4116;
``(5) contains an assurance that the chief executive officer
of the State and the chief State school officer will coordinate
program administration and activities under this part and will
coordinate with drug and violence prevention efforts
established by other State agencies; and
``(6) contains an assurance that the local educational
agencies in the State will comply with the provisions of
section 14503 pertaining to the participation of private school
children and teachers in the programs and activities under this
part.
``(b) Governor's Application.--An application submitted under this
section shall also contain a comprehensive plan for the use of funds
under section 4115(b) by the chief executive officer that includes--
``(1) a statement of the chief executive officer's
performance measures for drug and violence prevention. The
chief executive officer's performance measures shall consist
of--
``(A) performance indicators for drug and violence
prevention, and;
``(B) levels of performance for each performance
indicator;
``(2) a description of the procedures to be used for
assessing and publicly reporting progress toward meeting such
performance measures;
``(3) a description of how the chief executive officer will
coordinate such officer's activities under this part with the
chief State school officer and with State agencies and
organizations involved with drug and violence prevention
efforts;
``(4) a description of how funds allocated under section
4112(a) will be used--
``(A) to enhance the efforts of other State agencies
and local educational agencies with regard to the
provision of school-based drug and violence prevention
efforts and services; and
``(B) to serve populations not normally served by the
State educational agency, such as school dropouts and
youth in detention centers;
``(5) a description of how the chief executive officer will
award funds under section 4115(b) in order to support
activities and programs that meet the principles of
effectiveness and a plan for monitoring the performance of, and
providing technical assistance to, recipients of such funds;
``(6) a description of the special outreach activities that
will be carried out to maximize the participation of community-
based organizations, including religious organizations;
``(7) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention
planning, implementation strategies, and programs, including
before and after school and continuing education programs; and
``(8) an assurance that drug prevention programs supported
under this part convey a clear and consistent message that the
use of drugs is wrong and harmful.
``(c) State Application.--The State shall include in its application
a comprehensive plan for the use of funds under section 4115(c),
including the following:
``(1) A statement of the State's performance measures for
drug and violence prevention that shall be developed in
consultation between the State and local officials and that
consist of--
``(A) performance indicators for drug and violence
prevention; and
``(B) levels of performance for each performance
indicator.
``(2) A description of the procedures the State will use for
assessing and publicly reporting progress toward meeting those
performance measures;
``(3) 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 4115(d); and
``(4) A description of how the State educational agency will
coordinate such agency's activities under this part with the
chief executive officer's drug and violence prevention programs
and with the drug and violence prevention efforts of other
State agencies.
``(d) General Approval.--A State application submitted to the
Secretary under this title shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination, prior to
the expiration of the 90-day period beginning on the date that the
Secretary receives the application, that the application is in
violation of this title.
``(e) Disapproval.--The Secretary shall not finally disapprove a
State application, except after giving the State notice and opportunity
for a hearing.
``SEC. 4114. LOCAL EDUCATIONAL AGENCY APPLICATION.
``(a) In General.--In order to be eligible to receive a distribution
under section 4112(c) for any fiscal year, a local educational agency
shall submit, at such time as the State requires, an application to the
State. Such an application shall be amended, as necessary, to reflect
changes in the activities and programs of the local educational agency.
``(b) Development.--
``(1) Consultation.--A local educational agency shall develop
its application through timely and meaningful consultation with
a local or substate regional advisory council, as described in
subsection (c).
``(2) Design and development.--To ensure timely and
meaningful consultation, a local educational agency shall, in
accordance with subsection (c), establish and consult with a
local or substate regional advisory council on issues regarding
the design and development of the program or activity,
including efforts to meet the principles of effectiveness
described in section 4115(a). Such meetings with the advisory
council shall occur beginning at the initial stages of design
and development of the program or activity.
``(c) Advisory Council.--
``(1) Representation.--In establishing a local or substate
regional advisory council, the local educational agency shall
include, 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, private for-profit organizations,
religious organizations, and other groups with interest and
expertise in drug and violence prevention, including before and
after school and continuing education programs.
``(2) Duties.--In addition to assisting the local educational
agency to develop an application under this section, the
advisory council shall, on an ongoing basis--
``(A) disseminate information about drug and violence
prevention programs and activities conducted within the
boundaries of the local educational agency;
``(B) advise the local educational agency regarding--
``(i) how best to coordinate such agency's
activities under this part with other related
drug and violence prevention strategies,
programs, and activities; and
``(ii) the agencies that administer such
programs, projects, and activities; and
``(C) review program and activity 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 and
activities.
``(d) Contents of Applications.--An application submitted by a local
educational agency under this section shall contain--
``(1) 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, and other Acts dealing with drug and
violence prevention, as appropriate, in accordance with
the provisions of section 14306;
``(B) the local educational agency's performance
measures for drug and violence prevention, that shall
consist of--
``(i) performance indicators for drug and
violence prevention; and
``(ii) levels of performance for each
performance indicator;
``(C) how such agency will assess and publicly report
progress toward attaining its performance measures;
``(D) the drug and violence prevention activity or
program (including before and after school programs and
continuing education activities) to be funded,
including how the activity or program will meet the
principles of effectiveness described in section
4115(a), and the means of evaluating such activity or
program;
``(E) how the local educational agency will
coordinate such agency's activities and programs with
community-wide efforts to achieve such agency's
performance measures for drug and violence prevention;
``(F) how the local educational agency will
coordinate such agency's activities and programs with
other Federal, State, and local programs for youth drug
and violence prevention, including before and after
school programs and continuing education activities;
``(2) a certification that a meaningful assessment has been
conducted to determine community needs, available resources in
the private sector, and capacity in the private sector, the
findings of such assessments, and a description of the
mechanisms used to provide effective notice to the community of
an intention to submit an application under this title;
``(3) an assurance that drug prevention programs supported
under this part convey a clear and consistent message that the
use of drugs is wrong and harmful; and
``(4) such other information and assurances as the State may
reasonably require.
``(e) Peer Review.--
``(1) In general.--In reviewing local applications under this
section, a State 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 shall consider the quality of the local
educational agency's comprehensive plan, including the degree
to which the principles of effectiveness described in section
4115(a) are met.
``(B) General approval.--A local educational agency's
application submitted to the State under this title shall be
deemed to be approved by the State unless the State makes a
written determination, prior to the expiration of the 90-day
period beginning on the date that the State receives the
application, that the application is in violation of this
title.
``(C) Disapproval.--The State shall not finally disapprove a
local educational agency application, except after giving such
agency notice and opportunity for a hearing.
``SEC. 4115. AUTHORIZED ACTIVITIES.
``(a) Principles of Effectiveness.--
``(1) In general.--For a program or activity developed
pursuant to this part to meet the principles of effectiveness,
such program or activity shall--
``(A) be based upon an assessment of objective data--
``(i) regarding the drug and violence
problems in the elementary and secondary
schools and communities to be served, including
an objective analysis of the current conditions
and consequences regarding drug use and
violence, including delinquency and serious
discipline problems, among students who attend
such schools (including private school students
who participate in the drug and violence
prevention program) that is based on ongoing
local assessment or evaluation activities;
``(ii) regarding the current drug and
violence prevention strategies, programs, and
activities, including before and after school
programs and continuing education activities,
in such schools and communities; and
``(iii) regarding student academic
achievement and current programs and activities
to increase student academic achievement;
``(B) be based upon an established set of performance
measures aimed at ensuring that all elementary and
secondary schools and communities served by the local
educational agency have a drug-free, safe, and orderly
learning environment; and
``(C) be based upon scientifically based research
that provides evidence that the program to be used will
prevent or reduce drug use and violence, including
delinquency and serious discipline problems among
youth.
``(2) Periodic evaluation.--The program or activity shall
undergo a periodic evaluation to assess its progress toward
achieving its goals and objectives. The results shall be used
to refine, improve, and strengthen the program, and to refine
the performance measures. The results shall also be made
available to the public upon request, with public notice of
such availability provided.
``(3) Waiver.--A local educational agency or community-based
organization may apply to the State for a waiver of the
requirement of paragraph (1)(C) to allow innovative activities
or programs that demonstrate substantial likelihood of success
in drug and violence prevention or in beneficially serving the
community.
``(b) Governors' Activities.--
``(1) In general.--A chief executive officer of a State shall
use funds made available under section 4112(a) for competitive
grants or contracts with local educational agencies, parent
groups, community-based organizations, religious organizations,
and other public entities and private organizations, including
for-profit organizations, and consortia thereof, including
community anti-drug coalitions--
``(A) to support drug and violence prevention
strategies, programs, and activities, including before
and after school activities, continuing education
programs, and alternative education activities, that
provide comprehensive community-wide prevention efforts
or direct services to prevent drug use and violence in
schools and communities; and
``(B) to reward drug and violence prevention programs
of exceptional quality.
``(2) Considerations.--In making such grants and contracts, a
chief executive officer of a State--
``(A) shall require that any program or activity meet
the principles of effectiveness;
``(B) shall give priority to programs and activities
for populations that need special services or
additional resources (such as youth in juvenile
detention facilities, runaway or homeless children and
youth, pregnant and parenting teenagers, and school
dropouts); and
``(C) may require partnerships between local
educational agencies and other groups or organizations,
including religious organizations, in order to receive
funds.
``(3) Required activities.--A chief executive officer of a
State shall use funds made available under section 4112(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 and violence prevention
activities, such as--
``(A) programs that provide classroom instruction by
uniformed law enforcement officials designed to teach
students to recognize and resist pressures to
experiment with drugs and that meet the principles of
effectiveness;
``(B) programs in which district attorneys provide
classroom instruction in the law and legal system,
which emphasizes interactive learning techniques such
as mock trial competitions; or
``(C) partnerships between law enforcement and child
guidance professionals, which may include mental health
providers.
``(c) State Activities.--A State shall use the funds described in
section 4112(b)(2) to plan, develop, and implement capacity building,
technical assistance, accountability, program improvement services, and
coordination activities for local educational agencies that are
designed to support the implementation of drug and violence prevention
programs, including before and after school programs and continuing
education activities. A State may carry out these activities directly,
or through grants and contracts.
``(d) Local Educational Agency Activities.--
``(1) Program requirements.--A local educational agency shall
use funds described in section 4112(c) to develop, implement,
and evaluate a comprehensive drug and violence prevention
program, which is coordinated with other school and community-
based services and programs, that shall--
``(A) be consistent with the principles of
effectiveness described in subsection (a);
``(B) be designed to--
``(i) prevent or reduce drug use or violence,
including through the prevention of
delinquency, serious discipline problems and
poor academic performance; and
``(ii) create a well disciplined environment
conducive to learning, which includes
consultation between teachers and school
personnel to identify early warning signs of
drug use and violence and to provide behavioral
interventions as part of classroom management
efforts;
``(C) include activities to promote the involvement
of parents in the activity or program, to promote
coordination with community groups and coalitions,
including religious organizations, and government
agencies, and to distribute information about the local
educational agency's needs, goals, and programs under
this part; and
``(D) address before and after school activities and
continuing education needs of youth and adults in the
community.
``(2) Authorized activities.--Each local educational agency,
or consortium of such agencies, that receives a subgrant under
section 4112(c) may use such funds to carry out youth drug and
violence prevention activities, including before and after
school programs and continuing education activities, in the
elementary and secondary schools and communities, such as--
``(A) developmentally appropriate drug and violence
prevention programs that serve students in both
elementary and secondary school and that incorporate a
variety of prevention strategies and activities, which
may include--
``(i) teaching students that most people do
not use drugs;
``(ii) teaching students to recognize social
and peer pressure to use drugs;
``(iii) teaching students skills for
resisting drug use;
``(iv) engaging students in the learning
process;
``(v) using developmentally appropriate
teaching materials;
``(vi) incorporating activities in secondary
schools that reinforce prevention activities
implemented in elementary schools; and
``(vii) involving families and communities in
setting clear expectations against drug use and
enforcing consequences for drug use;
``(B) before and after school programs and continuing
education opportunities for individuals of all ages,
such as--
``(i) integrated educational, recreational,
or cultural programs, including curriculum
based entrepreneurial education programs,
remedial education programs, and extended
learning programs;
``(ii) literacy education programs (including
family literacy services);
``(iii) youth science education programs;
``(iv) consumer, economic, and personal
finance education programs;
``(v) senior citizen and adult education
programs (including programs for individuals
who leave school before graduating from
secondary school, regardless of the age of such
individual);
``(vi) parenting skills education programs;
``(vii) educational children's day care
services;
``(viii) summer and weekend school programs
in conjunction with recreation programs;
``(ix) expanded library service hours to
serve community needs;
``(x) distance learning, technology, and
Internet education programs for individuals of
all ages;
``(xi) educational services for individuals
with disabilities;
``(xii) peer resistance education; and
``(xiii) arts and music education;
``(C) training and development of school personnel in
youth drug and violence prevention, including training
in early identification, intervention, and prevention
of threatening behavior;
``(D) parental involvement and training in youth drug
and violence prevention, including early identification
of potential youth violence;
``(E) community involvement activities pertaining to
youth drug and violence prevention;
``(F) law enforcement and security activities,
including the acquisition and installation of metal
detectors and the hiring and training of security
personnel, that are related to youth drug and violence
prevention;
``(G) comprehensive school security assessments;
``(H) creating and maintaining safe zones of passage
to and from school to prevent violence and drug use and
trafficking;
``(I) counseling, mentoring, and referral services,
and other student assistance practices and programs,
including training of teachers by school-based mental
health service providers in appropriate identification
and intervention techniques for disciplining and
teaching students at risk of violent behavior;
``(J) services and activities that reduce the need
for suspension and expulsion in maintaining classroom
order and school discipline;
``(K) establishing and implementing a system for
transferring suspension and expulsion records by a
local educational agency to any public or private
elementary or secondary school;
``(L) allowing students attending unsafe public
elementary and secondary schools, as determined by the
State, to attend a safe public school, including a
public charter school, in the same State as the unsafe
public elementary and secondary school, and allowing
payment of reasonable transportation costs for such
students;
``(M) establishing or enhancing programs or
initiatives that improve academic achievement;
``(N) the development and implementation of character
education and training programs that reflect the values
of parents, teachers, and local communities, and
incorporate elements of good character, including
honesty, citizenship, courage, justice, respect,
personal responsibility, and trustworthiness;
``(O) testing students for illegal drug use or
conducting student locker searches for illegal drugs or
drug paraphernalia;
``(P) establishing of school uniform policies;
``(Q) emergency intervention services following
traumatic crisis events, such as a shooting, major
accident, or a drug-related incident, that has
disrupted the learning environment;
``(R) establishing and maintaining a school violence
hotline;
``(S) conducting background checks of school
personnel;
``(T) expanding and improving school-based mental
health services, including early identification of drug
use and violence, assessment, and direct individual or
group counseling services provided to students,
parents, and school personnel by qualified school based
mental health services personnel;
``(U) hiring and training coordinators of drug and
violence prevention programs serving students in grades
six through nine;
``(V) mentoring and tutoring services for students
provided by senior citizen volunteers;
``(W) alternative education programs or services for
students who have been expelled or suspended from the
regular educational settings, including programs or
services to assist students to reenter the regular
education setting upon return from treatment or
alternative education programs; and
``(X) partnerships between the courts and the schools
that address alternative education programs.
``(Y) the evaluation of any of the activities
authorized under this subsection.
``(3) School protection--Each local educational agency, or
consortium of such agencies, that receives a subgrant under
section 4112(c) and has reported expulsions under part C during
the past 3 years, may develop a plan with local law enforcement
agencies to protect students and employees of public schools
against gun violence that may include, but not be limited to,
promoting the benefits of child safety locks for firearms.
``(4) Study.--Each local educational agency, or consortium of
such agencies, that receives a subgrant under section 4112(c)
and has a high rate of expulsions, as reported under part C,
may use a portion of its subgrant to study the effectiveness of
promoting the benefits of child safety locks for firearms with
the purpose of reducing the danger of firearms harming public
school students and employees.
``SEC. 4116. EVALUATION AND REPORTING.
``(a) Data Collection.--
``(1) In general.--The National Center for Education
Statistics shall collect data for the following purposes:
``(A) To determine the frequency, seriousness, and
incidence of drug use by youth in schools and
communities in the States using, if appropriate, data
submitted by the States pursuant to subsection (b).
``(B) To determine the frequency, degree of harm, and
morbidity of violent incidents, particularly firearm-
related injuries and fatalities, by youth in schools
and communities in the States, including information
with respect to--
``(i) the relationship between victims and
perpetrators;
``(ii) demographic characteristics of victims
and perpetrators; and
``(iii) type and characteristic of the
firearm used in the shooting.
``(2) Report.--The Secretary shall submit to the Congress a
report on the data collected under this subsection.
``(b) State Report.--
``(1) In general.--Not later than October 1, 2003, and every
third year thereafter, the chief executive officer of a State,
in consultation with the State educational agency, shall submit
to the Secretary a report on the implementation and outcomes of
State and local programs under section 4115.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) 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
``(B) made available to the public upon request, with
public notice of such availability provided.
``(c) Local Educational Agency Report.--Each local educational agency
receiving funds under this part shall submit to the State such
information, and at such intervals, as the State reasonably 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 and the progress of the local educational
agency toward meeting its performance measures. The report shall be
made available to the public upon request, with public notice of such
availability provided.
``PART B--NATIONAL PROGRAMS
``SEC. 4121. FEDERAL ACTIVITIES.
``(a) Program Authorized.--
``(1) In general.--From funds made available to carry out
this part under section 4004(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
in elementary and secondary schools based on the needs reported
by States and local educational agencies.
``(2) Coordination.--The Secretary shall carry out programs
described in paragraph (1) directly, or through grants,
contracts, or cooperative agreements with public and private
nonprofit and for-profit organizations, including religious
organizations, and individuals, or through agreements with
other Federal agencies, and shall coordinate such programs with
other appropriate Federal activities.
``(3) Programs.--Programs described in paragraph (1) may
include--
``(A) demonstrations and rigorous scientifically
based evaluations of innovative approaches to drug and
violence prevention based on needs reported by State
and local educational agencies;
``(B) 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; and
``(C) continuing technical assistance to chief
executive officers, State agencies, and local
educational agencies to build capacity to develop and
implement high-quality, effective programs consistent
with the principles of effectiveness.
``(b) Peer Review.--The Secretary shall use a peer review process in
reviewing applications for funds under this section.
``SEC. 4122. NATIONAL CLEARINGHOUSE FOR AFTER SCHOOL PROGRAMS.
``From funds made available to carry this part under section 4004(2),
the Secretary, in consultation with the Secretary of Health and Human
Services, through the Commissioner on Children, Youth, and Families,
the Attorney General, and representatives with relevant experience from
State child care agencies and child care resource and referral centers,
shall establish a national clearinghouse to provide technical
assistance regarding establishment and operation of after school
programs and models of after school programs. The national
clearinghouse shall be available to the public, including via Internet,
and shall serve as a resource for child care organizations,
communities, and individuals seeking to improve the quality and
availability of after school programs.
``PART C--GUN POSSESSION
``SEC. 4131. GUN-FREE SCHOOL REQUIREMENTS.
``(a) Requirements.--
``(1) State law.--Each State receiving funds under this Act
shall have in effect a State law requiring each local
educational agency--
``(A) to expel from school for a period of not less
than one year a student who is determined to have
brought a firearm to a school under the jurisdiction of
a local educational agency in that State, except that
such State law shall allow the chief administering
officer of such local educational agency to modify such
expulsion requirement for a student on a case-by-case
basis; and
``(B) to have a policy requiring each elementary and
secondary school to refer to the criminal justice or
juvenile delinquency system any student who brings a
firearm to school.
``(2) Construction.--Nothing in this part shall be construed
to prevent a State from allowing a local educational agency
that has expelled a student from such a student's regular
school setting from providing educational services to such
student in an alternative setting.
``(b) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with Disabilities
Education Act.
``(c) Application to State.--Each local educational agency requesting
assistance from a State that is provided from funds made available to
the State under this Act shall provide to the State, in the application
requesting such assistance--
``(1) an assurance that such local educational agency is in
compliance with the State law required by subsection (a); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection
(b), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such
school, including the number of children with
disabilities expelled from such school; and
``(C) the type of firearm concerned.
``(d) Reporting.--Each State shall report the information described
in subsection (b) to the Secretary on an annual basis.
``(e) Definitions.--For the purpose of this part--
``(1) the term `firearm' has the same meaning given to such
term under section 921(a)(3) of title 18, United States Code;
and
``(2) the term `school' does not include a home school,
regardless of whether a home school is treated as a private
school under State law.
``PART D--GENERAL PROVISIONS
``SEC. 4141. DEFINITIONS.
``For the purposes of this title, the following terms have the
following meanings:
``(1) Community-based organization.--The term `community-
based organization' means a private nonprofit organization that
is representative of a community or significant segments of a
community and that provides educational or related services to
individuals in the community.
``(2) Controlled substance.--The term `controlled substance'
means a drug or other substance identified under Schedule I,
II, III, IV, or V in section 202(c) of the Controlled
Substances Act (21 U.S.C. 812(c)).
``(3) Drug.--The term `drug' includes controlled substances;
the illegal use of alcohol and tobacco; and the harmful,
abusive, or addictive use of substances, including inhalants
and anabolic steroids.
``(4) 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 drugs;
``(B) with respect to violence, the promotion of
school safety, such that students and school personnel
are free from violent and disruptive acts, 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; and
``(C) with respect to before and after school
programs and continuing education activities,
educational activities for individuals of all ages in
the community that operate with a goal of drug and
violence prevention in the school or community.
``(5) Local educational agency.--The term `local educational
agency' includes educational service agencies and consortia of
such agencies.
``(6) 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.
``(7) School-aged population.--The term `school-aged
population' means the population aged 5 through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(8) School based mental health services provider.--The term
`school based mental health services provider' includes a State
licensed or State certified school counselor, school
psychologist, school social worker, or other State licensed or
certified mental health professional qualified under State law
to provide such services to children and adolescents.
``(9) 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.
``(10) Scientifically based research.--The term
`scientifically based research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to youth drug and violence prevention
activities and programs; and
``(B) shall include research that--
``(i) employs systemic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations; and
``(iv) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
``(11) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 4142. MESSAGE AND MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention programs
supported under this title shall convey a clear and consistent message
that the use of drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part.
``SEC. 4143. REQUIRED POLICY.
``Each State educational agency and local educational agency that
receives funds under this title shall have a policy that prohibits
cigarette vending machines, and the illegal possession or use of drugs
and alcohol, in any form, at any time, and by any person, in school
buildings, on school grounds, or at any school-sponsored event.
``SEC. 4144. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program or activity funded under this title. The
local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this title, other than classroom instruction.
``SEC. 4145. PROHIBITED USES OF FUNDS.
``No funds under this title may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this part);
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for students
who are victims of, or witnesses to, use of drugs or crime; and
``(3) activities or programs that discriminate against or
denigrate the religious or moral beliefs of students who
participate in such activities or programs or of the parents or
legal guardians of such students.
``SEC. 4146. 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 and
violence prevention programs implemented in public elementary
and secondary schools in the State in accordance with
subsection (b); and
``(2) to identify and designate, upon application by a public
elementary 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 and of
violent occurrences by students enrolled in the school over a
period of time to be determined by the chief executive officer
of the State or the individual, entity, or agency described in
subsection (a), as the case may be;
``(2) the rate of suspensions or expulsions of students
enrolled in the school for drug and violence offenses;
``(3) the effectiveness of the drug and violence prevention
program as proven by scientifically based research;
``(4) the involvement of parents and community members in the
design of the drug and violence prevention program; and
``(5) the extent of review of existing community drug and
violence 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.
``SEC. 4147. CONTINUATION AWARDS.
``From funds made available under section 4004(2), the Secretary is
authorized to continue funding multi-year grants awarded prior to
fiscal year 2001 under part I of title X, as such part was in effect on
the day preceding the date of the enactment of the Education OPTIONS
Act, or the Middle School Coordinator Initiative (as described in title
III of the Department of Education Act, 2000, (as enacted into law by
section 1004(a)(4) of Public Law 106-113) and prior appropriations
Acts, prior to the date of the enactment of the Education OPTIONS Act
for the duration of the original grant period.
``SEC. 4148. GENERAL ACCOUNTING OFFICE REPORT.
``Not later than 1 year after the date of the enactment of the
Education OPTIONS Act, the General Accounting Office shall transmit to
Congress a report containing the following:
``(1) For each State, a description of the types of after
school programs that are available for students in kindergarten
through grade 12, including programs sponsored by the Boys and
Girls Clubs of America, the Boy Scouts of America, the Girl
Scouts of America, YMCA's, private nonprofit and for-profit
organizations, and athletic and other programs operated by
public schools and other State and local agencies.
``(2) For 15 communities selected to represent a variety of
regional, population, and demographic profiles, a detailed
analysis of the after school programs that are available for
students in kindergarten through grade 12, including programs
sponsored by the Boys and Girls Clubs of America, the Boy
Scouts of America, the Girl Scouts of America, YMCA's,
mentoring programs, athletic programs, and programs operated by
public schools, churches, day care centers, parks, recreation
centers, family day care, community organizations, law
enforcement agencies, service providers, and for-profit and
non-profit organizations.
``(3) For each State, a description of significant areas of
unmet need in the quality and availability of after school
programs.
``(4) For each State, a description of barriers which prevent
or deter the participation of children in after school
programs.
``(5) A list of activities, other than after school programs,
in which students in kindergarten through grade 12 participate
when not in school, including jobs, volunteer opportunities,
and other non-school affiliated programs.
``(6) An analysis of the value of the activities listed
pursuant to paragraph (5) relevant to the well-being and
educational development of students in kindergarten through
grade 12.
``SEC. 4149. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE
ORGANIZATIONS.
``(a) In General.--A State may administer and provide services under
the programs and activities described in this title through grants and
contracts with charitable, religious, or private organizations.
``(b) Religious Organizations.--The purpose of this section is to
allow States to provide grants to or to contract with religious
organizations on the same basis as any other nongovernmental provider
without impairing the religious character of such organizations, and
without diminishing the religious freedom of beneficiaries of
assistance funded under such program.
``(c) Nondiscrimination Against Religious Organizations.--In the
event a State exercises its authority under subsection (a), religious
organizations are eligible, on the same basis as any other private
organization, as grant recipients or contractors, to provide assistance
under any program described in this title if the programs sponsored by
such religious organization are implemented in a manner consistent with
the Establishment Clause of the United States Constitution. Except as
provided in subsection (i), neither the Federal Government, a State,
nor a local educational agency receiving funds under this title shall
discriminate against an organization that is or applies to be a
contractor to provide assistance on the basis that the organization has
a religious character.
``(d) Religious Character and Freedom.--
``(1) Religious organizations.--A religious organization with
a grant or contract under this title shall retain its religious
character and control over the definition, development,
practice, and expression of its religious beliefs.
``(2) Additional safeguards.--Neither the Federal Government,
a State, nor local government shall require a religious
organization to--
``(A) alter its form of internal governance; or
``(B) remove religious art, icons, scripture, or
other symbols;
in order to be eligible to receive a grant or contract under
this title.
``(e) Employment Practices.--A religious organization's exemption
provided under section 702 of the Civil Rights Act of 1964 (42 U.S.C.
2000e-1), regarding employment practices, shall not be affected by its
participation in, or receipt of funds from, programs under this title.
``(f) Nondiscrimination Against Beneficiaries.--Except as otherwise
provided in law, a religious organization shall not discriminate
against an individual in regard to rendering assistance funded under
any program described in this title on the basis of religion, a
religious belief, or refusal to actively participate in a religious
practice.
``(g) Fiscal Accountability.--
``(1) In general.--Except as provided in paragraph (2), any
religious organization receiving a grant or contracting to
provide assistance funded under any program described in this
title shall be subject to the same regulations as other
recipients or contractors to account in accord with generally
accepted auditing principles for the use of such funds provided
under such programs.
``(2) Limited audit.--If such organization segregates Federal
funds provided under such programs into separate accounts, then
only the financial assistance provided with such funds shall be
subject to audit.
``(h) Limitations on Use of Funds for Certain Purposes.--No funds
provided directly to institutions or organizations to provide services
and administer programs under this Act shall be expended for sectarian
worship, instruction, or proselytization.
``(i) Preemption.--Nothing in this section shall be construed to
preempt any provision of a State constitution or State statute that
prohibits or restricts the expenditure of State funds in or by
religious organizations.
``(j) Protection for Beneficiaries.--A charitable, religious, or
private organization shall not subject a participant during a program
assisted under this title to sectarian worship, instruction, or
proselytization.
``(k) Treatment of Religious Organizations.--For purposes of any
Federal, State, or local law, receipt of financial assistance under
this title shall constitute receipt of Federal financial assistance or
aid.
``SEC. 4150. DISCIPLINE OF CHILDREN WITH DISABILITIES.
``(a) Possession of Weapons.--
``(1) Authority of school personnel.--Each State receiving
funds under this Act shall require each local educational
agency to have in effect a policy under which school personnel
of such agency may discipline (including expel or suspend) a
child with a disability who carries or possesses a weapon to or
at a school, on school premises, or to or at a school function,
under the jurisdiction of a State or a local educational
agency, in the same manner in which such personnel may
discipline a child without a disability. Such personnel may
modify the disciplinary action on a case-by-case basis.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prevent a child with a disability who is
disciplined pursuant to the authority provided under paragraph
(1) from asserting a defense that the carrying or possession of
the weapon was unintentional or innocent.
``(3) Free appropriate public education.--
``(A) Ceasing to provide education.--Notwithstanding
any other provision of Federal law, a child expelled or
suspended under paragraph (1) shall not be entitled to
continue educational services, including a free
appropriate public education, required under Federal
law during the term of such expulsion or suspension, if
the State in which the local educational agency
responsible for providing educational services to such
child does not require a child without a disability to
receive educational services after being expelled or
suspended.
``(B) Providing education.--Notwithstanding
subparagraph (A), the local educational agency
responsible for providing educational services to a
child with a disability who is expelled or suspended
under subparagraph (A) may choose to continue to
provide educational services or mental health services
to such child. If the local educational agency so
chooses to continue to provide the services--
``(i) nothing in any other provision of
Federal law shall require the local educational
agency to provide such child with any
particular level of service; and
``(ii) the location where the local
educational agency provides the services shall
be left to the discretion of the local
educational agency.
``(4) Definition.--For purposes of this subsection, the term
`weapon' has the meaning given the term `dangerous weapon'
under paragraph (2) of subsection (g) of section 930 of title
18, United States Code.
``(b) Dangerous Behavior.--
``(1) Authority of school personnel.--Each State receiving
funds under this Act shall require each local educational
agency to have in effect a policy under which school personnel
of such agency may discipline (including expel or suspend) a
child with a disability who--
``(A) knowingly possesses or uses illegal drugs or
sells or solicits the sale of a controlled substance at
a school, on school premises, or at a school function,
under the jurisdiction of a State or a local
educational agency, or
``(B) commits an aggravated assault or battery (as
defined under State or local law) at a school, on
school premises, or at a school function, under the
jurisdiction of a State or a local educational agency,
in the same manner in which such personnel may discipline a
child without a disability, consistent with State and local
law. Such personnel may modify the disciplinary action on a
case-by-case basis.
``(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to prevent a child with a disability who is
disciplined pursuant to the authority provided under paragraph
(1)(A) from asserting a defense that the possession or use of
the illegal drugs (or sale or solicitation of the controlled
substance) was unintentional or innocent.
``(3) Free appropriate public education.--
``(A) Ceasing to provide education.--Notwithstanding
any other provision of Federal law, a child expelled or
suspended under paragraph (1) shall not be entitled to
continue educational services, including a free
appropriate public education, required under Federal
law during the term of such expulsion or suspension, if
the State in which the local educational agency
responsible for providing educational services to such
child does not require a child without a disability to
receive educational services after being expelled or
suspended.
``(B) Providing education.--Notwithstanding
subparagraph (A), the local educational agency
responsible for providing educational services to a
child with a disability who is expelled or suspended
under subparagraph (A) may choose to continue to
provide educational services or mental health services
to such child. If the local educational agency so
chooses to continue to provide the services--
``(i) nothing in any other provision of
Federal law shall require the local educational
agency to provide such child with any
particular level of service; and
``(ii) the location where the local
educational agency provides the services shall
be left to the discretion of the local
educational agency.
``(4) Definitions.--For purposes of this subsection:
``(A) Controlled substance.--The term `controlled
substance' shall have the same meaning as the term is
defined in section 4141.
``(B) Illegal drug.--The term `illegal drug' means a
controlled substance, but does not include such a
substance that is legally possessed or used under the
supervision of a licensed health-care professional or
that is legally possessed or used under any other
authority under the Controlled Substances Act or under
any other provision of Federal law.''.
SEC. 202. USE OF CERTAIN FUNDS.
If a local educational agency chooses to utilize the authority under
section 613(a)(2)(C)(i) of the Individuals with Disabilities Education
Act to treat as local funds up to 20 percent of the amount of funds the
agency receives under part B of such Act that exceeds the amount it
received under that part for the previous fiscal year, then the agency
shall use those local funds to provide additional funding for programs
under the Elementary and Secondary Education Act of 1965, including,
but not limited to, programs that address school safety, teacher
quality and professional development, before and after school learning
opportunities, educational reform and literacy, or related education
programs authorized under Federal, State, or local law.
TITLE III--TECH FOR SUCCESS
SEC. 301. TECH FOR SUCCESS.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.) is amended to read as follows:
``TITLE III--TECH FOR SUCCESS
``SEC. 3001. SHORT TITLE.
``This title may be cited as the `Tech for Success Act of 2000'.
``SEC. 3002. PURPOSE.
``The purposes of this title are as follows:
``(1) To provide assistance to states and localities for
implementing innovative technology initiatives which lead to
increased student academic achievement and which may be
evaluated for effectiveness and replicated if successful.
``(2) To encourage the establishment or expansion of
initiatives, especially those involving public/private
partnerships, designed to increase access to technology,
particularly in high need local educational agencies.
``(3) To promote initiatives which provide school
administrators and teachers with the capacity to effectively
utilize technology in ways which integrate such technology with
challenging State content and student performance standards,
through such means as high quality professional development
programs.
``(4) To support the development of electronic networks and
other innovative methods, such as distance learning, of
delivering challenging courses and curricula for students who
would otherwise not have access to such courses and curricula,
especially in isolated regions.
``(5) To support the rigorous evaluation of programs funded
under this title, especially the impact of such initiatives on
student academic performance, and ensuring timely information
on the results of such evaluations are widely accessible
through electronic means.
``(6) To support local efforts for the use of technology to
promote parent and family involvement in education and
communication among parents, teachers and students.
``PART A--TECH FOR SUCCESS GRANT PROGRAM
``Subpart 1--General Provisions
``SEC. 3101. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
``(a) In General.--There are authorized to be appropriated to carry
out this part--
``(1) $731,305,000 for fiscal year 2000; and
``(2) such sums as may be necessary for each of the 5
succeeding fiscal years.
``(b) Allocation of Funds Between National and State and Local
Initiatives.--Except as provided in subsection (c), the amount of funds
made available under subsection (a) shall be allocated as follows:
``(1) Not less than 95 percent shall be made available for
State and local technology initiatives pursuant to subpart 2.
``(2) Not more than 5 percent may be made available for
activities of the Secretary under subpart 3.
``(c) Continuation of Funding for Former Programs.--
``(1) In general.--Using funds made available under
subsection (a), the Secretary is authorized to continue funding
multiyear grants under this title (as in effect prior to the
enactment of the Education OPTIONS Act) which were awarded
prior to fiscal year 2001 for the duration of the original
grant period.
``(2) Reduction in amount available.--The amount of funds
allocated under subsection (b) between State and local
technology initiatives and activities of the Secretary shall be
reduced by the amount used by the Secretary to continue funding
former programs under paragraph (1).
``SEC. 3102. DEFINITIONS.
``For purposes of this part, the following definitions shall apply:
``(1) In this part and part B, the term `distance learning'
means the transmission of educational or instructional
programming to geographically dispersed individuals and groups
via telecommunications.
``(2) The term `eligible local entity' means--
``(A) a high need local educational agency; or
``(B) an eligible local partnership.
``(3) The term `eligible local partnership' means a
partnership that includes at least one high need local
educational agency and at least one--
``(A) local educational agency that can demonstrate
that teachers in schools served by that agency are
using technology effectively in their classrooms;
``(B) institution of higher education;
``(C) for-profit business or organization that
develops, designs, manufactures, or produces technology
products or services, or has substantial expertise in
the application of technology;
``(D) public or private non-profit organization with
demonstrated experience in the application of
educational technology; or
``(E) local educational agency which has the
potential to become an exemplary model for wide-scale
adoption by other local educational agencies on how to
effectively integrate technology and proven research-
based teaching practices which result in improvement in
classroom instruction in the core academic subject
areas, and the preparation of students to meet
challenging State content and student performance
standards.
``(4) The term `emerging technologies' means the applications
that can result from the development of high-speed, broad band
telecommunications networks and more powerful computer systems.
``(5) The term `high need local educational agency' means a
local educational agency which serves an elementary or
secondary school located in an area--
``(A) in which there is a high percentage of
individuals 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)); or
``(B) which is identified by the State as an area
with--
``(i) limited access to advanced
telecommunications services,
``(ii) a high ratio of students to computers
within the school, or
``(iii) a high proportion of teachers who are
not computer-proficient.
``(6) The term `scientifically based research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to education technology; and
``(B) shall include research which--
``(i) employs systematic, empirical methods
which draw on observation or experiment,
``(ii) involves rigorous data analyses which
are adequate to test the stated hypotheses and
justify the general conclusions drawn,
``(iii) relies on measurements or
observational methods which provide valid data
across evaluators and observers and across
multiple measurements and observations, and
``(iv) has been accepted by a peer reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
``Subpart 2--State and Local Technology for Success Grants
``SEC. 3111. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.
``(a) In General.--Except as otherwise provided in this subpart, each
State shall be eligible to receive a grant under this subpart for a
fiscal year in an allotment determined as follows:
``(1) 50 percent shall bear the same relationship to the
amount made available under section 3101(b)(1) for such year as
the amount such state received under part A for title I for
such year bears to the amount received for such year under such
part by all States.
``(2) 50 percent shall be determined on the basis of the
State's relative population of individuals age 5 through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data.
``(b) Reservation of Funds for Bureau of Indian Affairs and Outlying
Areas.--Of the amount made available to carry out this subpart under
section 3101(b)(1) for a fiscal year--
``(1) the Secretary shall reserve .305 percent (or
$2,125,000, whichever is greater) for the Secretary of the
Interior for programs under this subpart for schools operated
or funded by the Bureau of Indian Affairs; and
``(2) the Secretary shall reserve .305 percent (or
$2,125,000, whichever is greater) to provide assistance to the
outlying areas.
``(c) Minimum Allotment.--The amount of any State's allotment under
subsection (a) for any fiscal year may not be less than one-half of one
percent of the amount made available under section 3101(b)(1) for such
year.
``(d) Reallotment of Unused Funds.--If any State does not apply for
an allotment under this subpart for a fiscal year, the Secretary shall
reallot the amount of the State's allotment to the remaining States in
accordance with this section.
``SEC. 3112. USE OF ALLOTMENT BY STATE.
``(a) In General.--Except as provided in subsection (b), of the
amount provided to a State from its allotment under section 3111--
``(1) the State may use not more than 5 percent to carry out
activities under section 3115; and
``(2) not less than 95 percent shall be distributed to local
educational agencies by the State as follows:
``(A) At least 80 percent shall be used for
activities described in section 3116, to be distributed
through a formula developed by the State which shall
target funds to high need local educational agencies
which have submitted plans to the State under section
3114, and which may (at the option of the State)--
``(i) be the formula used by the State to
award grants to local educational agencies
under section 3132 (as in effect prior to the
enactment of the Education OPTIONS Act); and
``(ii) set a minimum amount that may be
provided to any recipient.
``(B) Not more than 20 percent shall be awarded
through a State-determined competitive process to
eligible local entities which have submitted plans to
the State under section 3114, to be used to carry out
activities consistent with this part.
``(b) Continuation of Funding for Former Programs.--
``(1) In general.--From funds made available under this
ubpart, a State is authorized to continue funding multiyear
grants awarded prior to fiscal year 2001 under section 3132 of
this title (as in effect prior to the enactment of the
Education OPTIONS Act), for the duration of the original grant
period.
``(2) Reduction in amount available for other activities.--
The amount available for a State to use under subsection (a)
shall be reduced by the amount used by the State to continue
funding former programs under paragraph (1).
``SEC. 3113. STATE PLANS.
``(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit a new or updated statewide, long-range
strategic educational technology plan to the Secretary at such time, in
such manner, and containing such information as the Secretary may
reasonably require.
``(b) Contents.--Each State plan submitted under this section shall
include the following:
``(1) A description of how the State will use funds provided
under this subpart to improve the academic achievement of all
students and to improve the capacity of all teachers to provide
instruction in the State, through the use of education
technology.
``(2) A description of the State's goals for using advanced
technology to improve student achievement aligned to
challenging State content and student performance standards,
including a description of how the State will take steps to
ensure that all students in the State, particularly those
residing in districts served by high need local educational
agencies, will have increased access to educational technology.
``(3) A description of the process the State will use for the
evaluation of the extent to which education technology funded
under this part has been successfully integrated into teaching
strategies and school curriculum, has increased the ability of
teachers to teach, and has enabled students to meet challenging
State content and student performance standards.
``(4) A description of how the State will encourage the
development and utilization of innovative strategies for the
delivery of specialized or rigorous academic courses and
curricula through the use of technology and distance learning,
particularly for those areas of the State which are isolated
and which would not otherwise have access to such courses and
curricula.
``(5) An assurance that financial assistance provided under
this subpart shall supplement, not supplant, State and local
funds.
``(6) A description of how the State plans to ensure that
every teacher within a school funded under this part will be
computer-literate and proficient (as determined by the State)
by 2004.
``(c) Deemed Approval.--A State plan submitted to the Secretary under
this section shall be deemed to be approved by the Secretary unless the
Secretary makes a written determination prior to the expiration of the
90-day period which begins on the date the Secretary receives the
application that the plan is in violation of the provisions of this
part.
``(d) Disapproval.--The Secretary may issue a final disapproval of a
State's application under this subpart only after giving the State
notice and an opportunity for a hearing.
``(e) Dissemination of Information on State Plans.--The Secretary
shall establish a process under which information on State plans under
this subpart is made widely available to schools and the general
public, including through dissemination on the Internet, in a timely
and user-friendly manner.
``SEC. 3114. LOCAL PLANS.
``(a) In General.--An applicant seeking to receive funds from a State
under this subpart shall submit a new or updated long-range local
strategic educational technology plan consistent with the objectives of
the statewide education technology plan described in section 3113(a) to
the State at such time, in such manner, and accompanied by such
information as the State may reasonably require.
``(b) Contents of Local Plan.--Each local plan described in this
section shall include the following:
``(1) A description of how the applicant will use Federal
funds provided under this subpart to improve the academic
achievement of all students and to improve the capacity of all
teachers to provide instruction through the use of education
technology.
``(2) A description of the applicant's specific goals for
using advanced technology to improve student achievement
aligned to challenging State content and student performance
standards, including a description of how the applicant will
take steps to ensure that all students in the local educational
area (particularly those in high poverty and high need schools)
have increased access to educational technology, and a
description of how such technology will be used to improve the
academic achievement for such students.
``(3) A description of how the applicant will promote--
``(A) the utilization of teaching strategies and
curricula, based upon scientifically based research,
which effectively integrate technology into
instruction, leading to improvements in student
academic achievement as measured by challenging State
content and student performance standards; and
``(B) sustained and intensive, high quality
professional development, based upon scientifically
based research, which increases teacher capacity to
create improved learning environments through the
integration of technology into instruction through
proven strategies and improved content as described in
subparagraph (A).
``(4) A description of how the applicant will integrate
technology across the curriculum and a time line for such
integration, including a description of how the applicant will
make effective use of new and emerging technologies and
teaching practices that are linked to such emerging
technologies to provide challenging content and improved
classroom instruction.
``(5) A description of how the applicant will coordinate
education technology activities funded under this subpart,
including (but not limited to) professional development, with
any such activities provided under other Federal, State, and
local programs, including those authorized under title I, title
II, title VI, and (where applicable) the Individuals with
Disabilities Education Act and the Carl D. Perkins Vocational
and Technical Education Act of 1998.
``(6) A description of the process the applicant will use for
the evaluation of the extent to which funds provided under this
subpart were effective in integrating technology into school
curriculum, increasing the ability of teachers to teach, and
enabling students to meet challenging State content and student
performance standards.
``(7) If requested by the State--
``(A) a description of how the applicant will use
funds provided under this subpart in a manner which is
consistent with any broad education technology
priorities which may be established by the State
consistent with this part; and
``(B) an assurance that any technology obtained with
funds provided under this subpart will have
compatibility and interconnectivity with technology
obtained with funds provided previously under this
title (as in effect prior to the enactment of the
Education OPTIONS Act).
``(8) A description of the applicant's Internet filtering or
blocking technology and related enforcement policies.
``SEC. 3115. STATE ACTIVITIES.
``(a) In General.--From funds made available under section
3112(a)(1), a State shall carry out activities and assist local efforts
to carry out the purposes of this part, which may include the following
activities:
``(1) Developing or assisting applicants in the development
and utilization of innovative strategies to deliver rigorous
academic programs through the use of technology and distance
learning, and providing other technical assistance to such
applicants throughout the State, with a priority to high need
local educational agencies.
``(2) Establishing or supporting joint public and private
initiatives to provide interest-free or reduced loans for the
acquisition of educational technology for high need local
educational agencies and students attending schools within such
districts.
``(3) Assisting applicants in providing sustained and
intensive high-quality professional development based upon
scientifically based research in the integration of advanced
technologies (including emerging technologies) into curriculum
and in using those technologies to create new learning
environments, including training in the use of technology to--
``(A) access data and resources to develop curricula
and instructional materials;
``(B) enable teachers to use the Internet to
communicate with other teachers and to retrieve web-
based learning resources; and
``(C) lead to improvements in classroom instruction
in the core academic subject areas, which effectively
prepare students to meet challenging State content and
student performance standards.
``(4) Assisting applicants in providing all students
(including students from nontraditional populations, students
with disabilities, and students with limited English
proficiency) with access to educational technology.
``(5) Establishing or expanding access to technology in
neighborhoods served by high need local educational agencies,
with special emphasis for access provided through technology
centers in partnership with libraries and with the support of
the private sector.
``(6) Developing enhanced performance measurement systems to
determine the effectiveness of education technology programs
funded under this subpart, especially in determining the extent
to which education technology funded under this part has been
successfully integrated into teaching strategies and school
curriculum, has increased the ability of teachers to teach, and
has enabled students to meet challenging State content and
student performance standards.
``(b) Limitation on Administrative Costs.--Of the 5 percent of the
State's allotment under section 3111 which may be used to carry out
activities under this section, not more than 10 percent may be used by
the State for administrative costs.
``SEC. 3116. LOCAL ACTIVITIES.
``(a) Professional Development.--A recipient of funds made available
under section 3112(a)(2)(A) shall use not less than 20 percent of such
funds to provide sustained and intensive, high-quality professional
development, based on scientifically based research, in the integration
of advanced technologies (including emerging technologies) into
curriculum and in using those technologies to create new learning
environments, including training in the use of technology to--
``(1) access data and resources to develop curricula and
instructional materials;
``(2) enable teachers to use the Internet to communicate with
other teachers and retrieve web-based learning resources; and
``(3) lead to improvements in classroom instruction in the
core academic subject areas, which effectively prepare students
to meet challenging State content and student performance
standards.
``(b) Other Activities.--In addition to the activities described in
subsection (a), a recipient of funds made available under section
3112(a)(2)(A) shall use such funds to carry out other activities
consistent with this part, which may include the following:
``(1) Adapting or expanding existing and new applications of
technology to enable teachers to increase student academic
achievement through the use of teaching practices and advanced
technologies which are based upon scientifically based research
and are designed to prepare students to meet challenging State
content and student performance standards, and for developing
and utilizing innovative strategies to deliver rigorous
academic programs.
``(2) Developing, expanding, or acquiring education
technology as a means to improve the academic achievement of
all students.
``(3) The establishment or expansion of initiatives,
especially those involving public/private partnerships,
designed to increase access to technology, particularly for
high need local educational agencies.
``(4) Using technology to promote parent and family
involvement and support communications between parents,
teachers, and students.
``(5) Acquiring filtering, blocking, or other technologies
and activities which are designed to protect students from
harmful materials which may be accessed on the Internet.
``(6) Using technology to collect, manage, and analyze data
to inform school improvement efforts.
``(7) Implementing enhanced performance measurement systems
to determine the effectiveness of education technology programs
funded under this subpart, especially in determining the extent
to which education technology funded under this part has been
successfully integrated into teaching strategies and school
curriculum, has increased the ability of teachers to teach, and
has enabled students to meet challenging State content and
student performance standards.
``(8) Preparing one or more teachers in elementary, middle,
and secondary schools as technology leaders who are provided
with the means to serve as experts and train other teachers in
the effective use of technology.
``(9) Establishing or expanding access to technology in
neighborhoods served by high need local educational agencies,
with special emphasis for access provided through technology
centers in partnership with libraries and with the support of
the private sector.
``(10) Carrying out a program under which the recipient
enters into an agreement with an entity for providing--
``(A) one laptop computer for each child in the third
through twelfth grades in the school district (in such
installments over such period of time as the recipient
and entity may provide in the agreement) ;
``(B) training and ongoing support in the use of such
laptop computers for students, teachers, and parents;
``(C) hardware and software for such laptop computers
for instruction and professional development; and
``(D) assistance in using the technology provided to
incorporate State and local academic goals into the
curricula.
``(c) Internet Filtering.--
``(1) In general.--No funds made available under this subpart
to a local educational agency or elementary or secondary school
may be used to purchase computers used to access the Internet,
or to pay for direct costs associated with accessing the
Internet, unless such agency or school has in place, on
computers that are accessible to minors, and during use by such
minors, technology which filters or blocks--
``(A) material that is obscene;
``(B) child pornography; and
``(C) material harmful to minors.
``(2) Disabling during adult use.--An administrator,
supervisor, or other authority may disable the technology
described in paragraph (1) during use by an adult, to enable
unfiltered access for bona fide research or other lawful
purposes.
``(3) Rule of construction.--Nothing in this section shall be
construed to prohibit a local educational agency or elementary
or secondary school from filtering or blocking materials other
than those referred to in subparagraph (A), (B), or (C) of
paragraph (1).
``(4) Definitions.--
``(A) Material harmful to minors.--The term `material
harmful to minors' has the meaning given such term in
section 231(e)(6) of the Communications Act of 1934.
``(B) Child pornography.--The term `child
pornography' has the meaning given such term in section
2256(8) of title 18, United States Code.
``(C) Minor.--The term `minor' has the meaning given
such term in section 2256(1) of title 18, United States
Code.
``(5) Severability.--If any provision of this subsection is
held invalid, the remainder of such subsection and this Act
shall not be affected thereby.
``Subpart 3--National Technology Initiatives
``SEC. 3121. NATIONAL TECHNOLOGY INITIATIVES.
``(a) In General.--Using funds made available under section
3101(b)(2), the Secretary may carry out the following initiatives:
``(1) The funding of programs built upon scientifically based
research, which utilize technology in education, through the
competitive awarding of grants or contracts, pursuant to a peer
review process, to States, local educational agencies
(including eligible local entities), institutions of higher
education, and public and private or nonprofit or for-profit
agencies.
``(2) The provision of technical assistance to States, local
educational agencies, and other grantees under this part
(directly or through the competitive award of grants or
contracts) in order to assist such States, local educational
agencies, and other grantees to achieve the purposes of this
part.
``(3) Acting through the Office of Educational Technology,
the updating of the national long-range educational technology
plan developed pursuant to section 3121 (as in effect prior to
the enactment of the Education OPTIONS Act) in accordance with
the requirements of such section, in order to promote the
purposes of this title and to ensure the coordination of
Federal efforts to promote the effective use of educational
technology.
``(b) Study of Use of Technology To Improve Academic Achievement.--
Using funds made available under section 3101(b)(2), the Secretary
shall conduct an independent, long-term study utilizing scientifically
based research methods and control groups, on the effectiveness of the
uses of educational technology on improving student academic
achievement, and shall include in the study an identification of
effective uses of educational technology that have a measurable
positive impact on student achievement.
``(c) Priorities.--In funding initiatives under subsection (a), the
Secretary shall place a priority on projects which--
``(1) develop innovative models using electronic networks or
other forms of distance learning to provide challenging courses
which are otherwise not readily available to students in a
particular school district, particularly in rural areas; and
``(2) increase access to technology to those residing in
districts served by high need local educational agencies.
``SEC. 3122. REQUIREMENTS FOR RECIPIENTS OF FUNDS.
``(a) Application.--In order to receive a grant or contract under
this subpart, an entity shall submit an application to the Secretary
(at such time and in such form as the Secretary may require), and shall
include in the application--
``(1) a description of the project proposed to be carried out
with the grant or contract and how it would carry out the
purposes of this subpart; and
``(2) a detailed plan for the independent evaluation of the
project built upon scientifically based research principles to
determine the impact on the academic achievement of students
served under such project, as measured by challenging State
content and student performance standards.
``(b) 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 subpart to share in the cost of the activities
assisted under such grant or contract, which may be in the form
of cash or in-kind contributions fairly valued.
``(2) Increase.--The Secretary may increase the non-Federal
share required of a recipient of a grant or contract under this
subpart after the first year such recipient receives funds
under such grant or contract.
``(3) Maximum.--The non-Federal share required under this
subsection may not exceed 50 percent of the cost of the
activities assisted pursuant to a grant or contract under this
subpart.
``(4) Notice.--The Secretary shall publish in the Federal
Register the non-Federal share required under this subsection.
``SEC. 3123. EVALUATION AND DISSEMINATION.
``(a) Evaluation Authority.--In order to identify effective uses of
educational technology that have a measurable positive impact on
student achievement, the Secretary shall--
``(1) develop tools and provide resources, including
technical assistance, for recipients of funds under this
subpart to effectively evaluate their activities; and
``(2) conduct independent evaluations of the activities
assisted under this subpart.
``(b) Post-Grant Evaluation Information and Dissemination.--
``(1) In general.--The Secretary shall establish a process
under which information on each project funded with a grant or
contract under this subpart is made widely available to schools
and the general public, including through dissemination on the
Internet, in a timely and user-friendly manner.
``(2) Specific information required.--The information made
available and disseminated under paragraph (1) shall at a
minimum include the following:
``(A) Upon the awarding of such a grant or contract
under this subpart, the identification of the grant or
contract recipient, the amount of the grant or
contract, the stated goals of the grant or contract,
the methods by which the grant or contract will be
evaluated in meeting such stated goals, and the
timeline for meeting such goals.
``(B) Not later than 12 months after the awarding of
such a grant or contract, information on the progress
of the grant or contract recipient in carrying out the
grant or contract, including a detailed description of
the use of the funds provided, the extent to which the
stated goals have been reached, and the results (or
progress of) the evaluation of the project, meeting the
requirements of scientifically based research, funded
under the grant or contract.
``(C) Not later than 24 months after the awarding of
such a grant or contract (and updated thereafter as
appropriate), a follow up to the information described
in subparagraph (B).
``PART B--READY TO LEARN TELEVISION
``SEC. 3201. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to or
enter into contracts or cooperative agreements with eligible entities
described in subsection (c) to--
``(1) develop, produce, and distribute educational and
instructional video programming for preschool and elementary
school children and their parents in order to facilitate
student academic achievement;
``(2) facilitate the development (directly or through
contracts with producers of children and family educational
television programming) of educational programming for
preschool and elementary school children and accompanying
support materials and services that directly promote the
effective use of such programming;
``(3) facilitate the development of programming and digital
content especially designed for nationwide distribution over
digital broadcasting channels and the Internet, containing
Ready to Learn-based children's programming and resources for
parents and caregivers;
``(4) enable such entities to contract with other entities
(such as public telecommunications entities) so that programs
funded under this section are disseminated and distributed by
the most appropriate distribution technologies to the widest
possible audience appropriate to be served by the programming;
and
``(5) develop and disseminate training and support materials,
including interactive programs and programs adaptable to
distance learning technologies which are designed to--
``(A) promote school readiness; and
``(B) promote the effective use of programming
developed under paragraphs (2) and (3) among parents,
Head Start providers, Even Start and providers of
family literacy services, child care providers, early
childhood development personnel, and elementary school
teachers, public libraries, and after school program
personnel caring for preschool and elementary school
children.
``(b) Availability.--In making grants, contracts, or cooperative
agreements under this section, the Secretary shall ensure that
recipients increase the effective use of the programming funded under
this section by making it widely available with support materials as
appropriate to young children, their parents, child care workers, Head
Start providers, and Even Start and providers of family literacy
services.
``(c) Eligible Entities Described.--In this part, an `eligible
entity' means a nonprofit entity (including a public telecommunications
entity) which is able--
``(1) to demonstrate a capacity for the development and
national distribution of educational and instructional
television programming of high quality which is accessible by a
large majority of disadvantaged preschool and elementary school
children; and
``(2) to demonstrate--
``(A) a capacity to contract with the producers of
children's television programming for the purpose of
developing educational television programming of high
quality which is accessible by a large majority of
disadvantaged preschool and elementary school children,
and
``(B) consistent with the entity's mission and
nonprofit nature, a capacity to negotiate such
contracts in a manner which returns to the entity an
appropriate share of any ancillary income from sales of
any program-related products.
``(d) Cap on Administrative Costs.--An entity receiving a grant,
contract, or cooperative agreement from the Secretary under this
section may not use more than 5 percent of the amounts received under
the grant, contract, or cooperative agreement for the expenses of
administering the grant, contract, or cooperative agreement.
``(e) Coordination of Activities.--An entity receiving a grant,
contract, or cooperative agreement from the Secretary under this
section shall work with the Secretary and the Secretary of Health and
Human Services to--
``(1) maximize the utilization by preschool and elementary
school children of the programming funded under this section
and to make such programming widely available to federally
funded programs serving such populations; and
``(2) coordinate with Federal programs that have major
training components for early childhood development (including
Head Start, Even Start, family literacy services, and State
training activities funded under the Child Care Development
Block Grant Act of 1990) regarding the availability and
utilization of materials developed with funds provided under
this section to enhance parent and child care provider skills
in early childhood development and education.
``SEC. 3202. APPLICATIONS.
``Any entity desiring a grant, contract, or cooperative agreement
under this part shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``SEC. 3203. REPORTS AND EVALUATION.
``(a) Annual Report by Grant Recipients to Secretary.--Each entity
receiving funds under section 3201 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 such section,
including information regarding--
``(1) the programming that has been developed directly or
indirectly by the entity and the target population of the
programs developed;
``(2) the support and training 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 the programming 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 on the activities
funded and carried out under this part, and shall include in the
report--
``(1) a summary of the programming developed using funds
provided under section 3201; and
``(2) a description of the training materials developed using
funds provided under section 3201, 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.
``SEC. 3204. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$16,000,000 for fiscal year 2000, and such sums as may be necessary for
each of the 5 succeeding fiscal years. Not less than 60 percent of the
amounts authorized to be appropriated under this section for any fiscal
year shall be used to carry out paragraphs (2) and (3) of section
3201(a).
``PART C--TELECOMMUNICATIONS PROGRAM
``SEC. 3301. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to carry out any of
the following activities:
``(1) Awarding grants to a nonprofit telecommunications
entity (or a partnership of such entities) for the purpose of
carrying out a national telecommunications-based program to
improve the teaching of core academic subjects and to assist
elementary and secondary school teachers in preparing all
students to achieve State content standards.
``(2) Awarding grants to or entering into contracts or
cooperative agreements with a local public telecommunications
entity to develop, produce, and distribute educational and
instructional video programming which is designed for use by
elementary and secondary school students, created for or
adaptable to State content standards, and capable of
distribution through digital broadcasting and school digital
networks.
``(b) Applications.--
``(1) In general.--Any telecommunications entity or
partnership of such entities desiring a grant under this part
shall submit an application to the Secretary.
``(2) Specific requirements for national telecommunications-
based program.--Each application for a grant subsection (a)(1)
shall--
``(A) demonstrate that the applicant will use the
existing publicly funded telecommunications
infrastructure, the Internet, and school digital
networks (where available) to deliver video, voice, and
data in an integrated service to train teachers in the
use of materials and learning technologies for
achieving State content standards;
``(B) assure that the program for which assistance is
sought will be conducted in cooperation with States as
appropriate, local educational agencies, and State or
local nonprofit public telecommunications entities;
``(C) assure that a significant portion of the
benefits available for elementary and secondary schools
from the program 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
``(D) contain such additional assurances as the
Secretary may reasonably require.
``(c) Approval of Applications; Number of Demonstration Sites.--In
approving applications under this section, the Secretary shall assure
that--
``(1) the national telecommunications-based program under
subsection (a)(1) is conducted at elementary and secondary
school sites in at least 15 States; and
``(2) grants under subsection (a)(2) are awarded on a
competitive basis and for a period of 3 years to entities
which--
``(A) enter into multiyear collaborative arrangements
for content development with State educational
agencies, local educational agencies, institutions of
higher education, businesses, or other agencies and
organizations, and
``(B) contribute non-Federal matching funds
(including funds provided for transitions to digital
broadcasting as well as in-kind contributions) to the
activities assisted with the grant in an amount not
less than 100 percent of the amount of the grant.
``SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$8,500,000 for fiscal year 2000, and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
TITLE IV--INNOVATIVE EDUCATION PROGRAMS
SEC. 401. INNOVATIVE EDUCATION PROGRAM STRATEGIES.
Title VI of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7301 et seq.) is amended to read as follows:
``TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that this title--
``(1) provides flexibility to meet local needs;
``(2) promotes local and State education reforms;
``(3) contributes to the improvement of academic achievement
for all students.
``(4) provides funding for critical activities; and
``(5) provides services for private school students.
``(b) Statement of Purpose.--It is the purpose of programs under this
title--
``(1) to provide funding to enable States and local
educational agencies to implement promising educational reform
programs and school improvement initiatives based on
scientifically based research;
``(2) to provide a continuing source of innovation and
educational improvement, including support for library services
and instructional and media materials; and
``(3) to meet the educational needs of all students,
including at risk students.
``(c) State and Local Responsibility.--The basic responsibility for
the administration of funds made available under this title is within
the States, but it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this title
will be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and supporting
personnel, because such agencies and individuals have the most direct
contact with students and are most likely to be able to design programs
to meet the educational needs of students in their own school
districts.
``PART A--STATE AND LOCAL PROGRAMS
``SEC. 6101. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry out this
title for any fiscal year, the Secretary shall reserve not to exceed 1
percent for payments to outlying areas to be allotted in accordance
with their respective needs.
``(b) Allotment.--From the remainder of such sums, the Secretary
shall allot to each State an amount which bears the same ratio to the
amount of such remainder as the school-age population of the State
bears to the school-age population of all States, except that no State
shall receive less than an amount equal to \1/2\ of 1 percent of such
remainder.
``SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--
``(1) In general.--Subject to paragraph (2), from the sums
made available each year to carry out this title, the State
shall distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private, nonprofit schools within the
jurisdictions of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher per-pupil
allocations to local educational agencies that have the
greatest numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
``(A) children living in areas with high
concentrations of low-income families;
``(B) children from low-income families; and
``(C) children living in sparsely populated areas.
``(2) Exception.--100 percent of any amount by which the
funds paid to a State under this title for a fiscal year exceed
the amount of such funds paid to the State for fiscal year 2000
shall be distributed to local educational agencies and used
locally for innovative assistance described in section 6301(b).
``(3) Limitation on administrative costs.--Not more than 4
percent of the funds paid to a State under this title for a
fiscal year may be used by the agency for administration and
supervision of programs assisted under this title.
``(b) Calculation of Enrollments.--
``(1) In general.--The calculation of relative enrollments
under subsection (a)(1) shall be on the basis of the total of--
``(A) the number of children enrolled in public
schools; and
``(B) the number of children enrolled in private
nonprofit schools that desire that their children
participate in programs or projects assisted under this
title, for the fiscal year preceding the fiscal year
for which the determination is made.
``(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational agencies to
contact, on an annual basis, appropriate officials from private
nonprofit schools within the areas served by such agencies in
order to determine whether such schools desire that their
children participate in programs assisted under this part.
``(3) Adjustments.--
``(A) In general.--Relative enrollments under
subsection (a)(1) shall be adjusted, in accordance with
criteria approved by the Secretary under subparagraph
(B), to provide higher per-pupil allocations only to
local educational agencies that serve the greatest
numbers or percentages of--
``(i) children living in areas with high
concentrations of low-income families;
``(ii) children from low-income families; or
``(iii) children living in sparsely populated
areas.
``(B) Criteria.--The Secretary shall review criteria
submitted by a State for adjusting allocations under
paragraph (1) and shall approve such criteria only if
the Secretary determines that such criteria are
reasonably calculated to produce an adjusted allocation
that reflects the relative needs within the State's
local educational agencies based on the factors set
forth in subparagraph (A).
``(c) Payment of Allocations.--
``(1) Distribution.--From the funds paid to a State under
this title for a fiscal year, a State shall distribute to each
eligible local educational agency that has submitted an
application as required in section 6303 the amount of such
local educational agency's allocation, as determined under
subsection (a).
``(2) Additional funds.--
``(A) In general.--Additional funds resulting from
higher per-pupil allocations provided to a local
educational agency on the basis of adjusted enrollments
of children described in subsection (a)(1) may, in the
discretion of the local educational agency, be
allocated for expenditures to provide services for
children enrolled in public and private nonprofit
schools in direct proportion to the number of children
described in subsection (a)(1) and enrolled in such
schools within the local educational agency.
``(B) Election.--In any fiscal year, any local
educational agency that elects to allocate such
additional funds in the manner described in
subparagraph (A) shall allocate all additional funds to
schools within the local educational agency in such
manner.
``(C) Construction.--Subparagraphs (A) and (B) may
not be construed to require any school to limit the use
of the additional funds described in subparagraph (A)
to the provision of services to specific students or
categories of students.
``PART B--STATE PROGRAMS
``SEC. 6201. STATE USES OF FUNDS.
``A State may use funds made available for State use under this title
only for--
``(1) State administration of programs under this title
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State
funds; and
``(C) monitoring and evaluation of programs and
activities under this title;
``(2) support for planning, designing, and initial
implementation of charter schools as described in part C of
title X; and
``(3) statewide education reform and school improvement
activities and technical assistance and direct grants to local
educational agencies which assist such agencies under section
6301.
``SEC. 6202. STATE APPLICATIONS.
``(a) Application Requirements.--Any State that desires to receive
assistance under this title shall submit to the Secretary an
application which--
``(1) provides for an annual statewide summary of how
assistance under this title is contributing toward improving
student achievement or improving the quality of education for
students;
``(2) sets forth the allocation of such funds required to
implement section 6402;
``(3) provides that the State will keep such records and
provide such information to the Secretary as may be required
for fiscal audit and program evaluation (consistent with the
responsibilities of the Secretary under this section);
``(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this title,
the State has not exercised and will not exercise any influence
in the decisionmaking processes of local educational agencies
as to the expenditure made pursuant to an application under
section 6303;
``(5) contains assurances that there is compliance with the
specific requirements of this title; and
``(6) provides for timely public notice and public
dissemination of the information provided pursuant to paragraph
(2).
``(b) Statewide Summary.--The statewide summary referred to in
subsection (a)(2) shall be submitted to the Secretary and shall be
derived from the evaluation information submitted by local educational
agencies to the State under section 6303(a)(8). The format and content
of such summary shall be in the discretion of the State and may include
statistical measures such as the number of students served by each type
of innovative assistance described in subsection (b), including the
number of teachers trained.
``(c) Period of Application.--An application filed by the State under
subsection (a) shall be for a period not to exceed 3 years, and may be
amended annually as may be necessary to reflect changes without filing
a new application.
``(d) Audit Rule.--Local educational agencies receiving less than an
average of $5,000 each under this title shall not be audited more
frequently than once every 5 years.
``PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
``SEC. 6301. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds made available to local educational
agencies under section 6102 shall be used for innovative assistance
described in subsection (b).
``(b) Innovative Assistance.--The innovative assistance programs
referred to in subsection (a) may include--
``(1) professional development activities and the hiring of
teachers, including activities consistent with title II, that
give teachers, principals, and administrators the knowledge and
skills to provide students with the opportunity to meet
challenging State or local content standards and student
performance standards;
``(2) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to use
effectively such equipment and software;
``(3) programs for the development or acquisition and use of
instructional and educational materials, including library
services and materials (including media materials),
assessments, reference materials, computer software and
hardware for instructional use, and other curricular materials
which are tied to high academic standards and which will be
used to improve student achievement and which are part of an
overall education reform program;
``(4) promising education reform projects, including
effective schools and magnet schools;
``(5) programs to improve the academic skills of
disadvantaged elementary and secondary school students and to
prevent students from dropping out of school;
``(6) programs to combat illiteracy in the student and adult
population, including parent illiteracy;
``(7) programs to provide for the educational needs of gifted
and talented children;
``(8) planning, designing, and initial implementation of
charter schools as described in part C of title X;
``(9) school improvement programs or activities under
sections 1116 and 1117;
``(10) education reform projects that provide single gender
schools and classrooms, as long as comparable educational
opportunities are offered for students of both sexes;
``(11) community service programs that use qualified school
personnel to train and mobilize young people to measurably
strengthen their communities through nonviolence,
responsibility, compassion, respect, and moral courage;
``(12) curriculum-based youth entrepreneurship education
programs with demonstrated records of empowering disadvantaged
youth with applied mathematics, entrepreneurial, and other
analytical skills;
``(13) activities to promote consumer, economic, and personal
finance education, such as disseminating and encouraging the
best practices for teaching the basic principles of economics
and promoting the concept of achieving financial literacy
through the teaching of personal financial management skills
including the basic principles involved with earning, spending,
saving, and investing;
``(14) public school choice;
``(15) expanding and improving school-based mental health
services, including early identification of drug use and
violence, assessment, and direct individual or group counseling
services provided to students, parents, and school personnel by
qualified school based mental health services personnel; and
``(16) alternative educational programs for those students
who have been expelled or suspended from their regular
educational setting, including programs to assist students to
reenter the regular educational setting upon return from
treatment or alternative educational programs.
``SEC. 6302. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this title, each
State or local educational agency may use funds reserved for this title
to make grants to, and to enter into contracts with, local educational
agencies, institutions of higher education, libraries, museums, and
other public and private nonprofit agencies, organizations, and
institutions.
``SEC. 6303. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds under
this title for any year for which an application is submitted to the
State and such application is certified to meet the requirements of
this section. The State shall certify any such application if such
application--
``(1) describes locally identified needs relative to the
purposes of this title and to the innovative assistance
described in section 6301(b);
``(2) based on the needs identified in paragraph (1), sets
forth the planned allocation of funds among innovative
assistance programs described in section 6301 and describes the
programs, projects, and activities designed to carry out such
innovative assistance that the local educational agency intends
to support;
``(3) sets forth the allocation of such funds required to
implement section 6402;
``(4) describes how assistance under this title will
contribute to improving student academic achievement;
``(5) provides assurances of compliance with the provisions
of this title, including the participation of children enrolled
in private, nonprofit schools in accordance with section 6402;
``(6) agrees to keep such records, and provide such
information to the State as reasonably may be required for
fiscal audit and program evaluation, consistent with the
responsibilities of the State under this title;
``(7) provides in the allocation of funds for the assistance
authorized by this title, and in the design, planning, and
implementation of such programs, for systematic consultation
with parents of children attending elementary and secondary
schools in the area served by the local educational agency,
with teachers and administrative personnel in such schools, and
with other groups involved in the implementation of this title
(such as librarians, school counselors, and other pupil
services personnel) as may be considered appropriate by the
local educational agency; and
``(8) provides assurance that--
``(A) programs, services, and activities will be
evaluated annually;
``(B) such evaluation will be used to determine and
implement appropriate changes in program services and
activities for the subsequent year;
``(C) such evaluation shall describe how assistance
under this title contributed toward improving student
academic achievement; and
``(D) such evaluation shall be submitted to the State
in the time and manner requested by the agency.
``(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period not to
exceed 3 fiscal years, may provide for the allocation of funds to
programs for a period of 3 years, and may be amended annually as may be
necessary to reflect changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local educational agency
shall have complete discretion in determining how funds under this part
shall be divided under section 6301. In exercising such discretion, a
local educational agency shall ensure that expenditures under this part
carry out the purposes of this title and are used to meet the
educational needs within the schools of such local educational agency.
``PART D--GENERAL PROVISIONS
``SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
``(a) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a
State is entitled to receive its full allocation of funds under
this part for any fiscal year if the Secretary finds that
either the combined fiscal effort per student or the aggregate
expenditures within the State with respect to the provision of
free public education for the fiscal year preceding the fiscal
year for which the determination is made was not less than 90
percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the fiscal
year for which the determination is made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the allocation of funds under this part in any fiscal
year in the exact proportion to which the State fails to meet
the requirements of paragraph (1) by falling below 90 percent
of both the fiscal effort per student and aggregate
expenditures (using the measure most favorable to the State),
and no such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent years.
``(3) Waivers.--The Secretary may waive, for 1 fiscal year
only, the requirements of this section if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State.
``(b) Federal Funds Supplementary.--A State or local educational
agency may use and allocate funds received under this part only so as
to supplement and, to the extent practical, increase the level of funds
that would, in the absence of Federal funds made available under this
part, be made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal sources.
``SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number
of children in the school district of a local educational
agency which is eligible to receive funds under this title or
which serves the area in which a program or project assisted
under this title is located who are enrolled in private
nonprofit elementary and secondary schools, or with respect to
instructional or personnel training programs funded by the
State from funds made available for State use, such agency,
after consultation with appropriate private school officials,
shall provide for the benefit of such children in such schools
secular, neutral, and nonideological services, materials, and
equipment, including the participation of the teachers of such
children (and other educational personnel serving such
children) in training programs, and the repair or minor
remodeling of public facilities as may be necessary for their
provision (consistent with subsection (c) of this section), or,
if such services, materials, and equipment are not feasible or
necessary in one or more such private schools as determined by
the local educational agency after consultation with the
appropriate private school officials, shall provide such other
arrangements as will assure equitable participation of such
children in the purposes and benefits of this title.
``(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the school
district of a local educational agency, the State shall make
arrangements, such as through contracts with nonprofit agencies
or organizations, under which children in private schools in
such district are provided with services and materials to the
extent that would have occurred if the local educational agency
had received funds under this title.
``(3) Application of requirements.--The requirements of this
section relating to the participation of children, teachers,
and other personnel serving such children shall apply to
programs and projects carried out under this title by a State
or local educational agency, whether directly or through grants
to or contracts with other public or private agencies,
institutions, or organizations.
``(b) Equal Expenditures.--Expenditures for programs pursuant to
subsection (a) shall be equal (consistent with the number of children
to be served) to expenditures for programs under this title for
children enrolled in the public schools of the local educational
agency, taking into account the needs of the individual children and
other factors which relate to such expenditures, and when funds
available to a local educational agency under this title are used to
concentrate programs or projects on a particular group, attendance
area, or grade or age level, children enrolled in private schools who
are included within the group, attendance area, or grade or age level
selected for such concentration shall, after consultation with the
appropriate private school officials, be assured equitable
participation in the purposes and benefits of such programs or
projects.
``(c) Funds.--
``(1) Administration of funds and property.--The control of
funds provided under this title, and title to materials,
equipment, and property repaired, remodeled, or constructed
with such funds, shall be in a public agency for the uses and
purposes provided in this title, and a public agency shall
administer such funds and property.
``(2) Provision of services.--The provision of services
pursuant to this title shall be provided by employees of a
public agency or through contract by such public agency with a
person, an association, agency, or corporation who or which, in
the provision of such services, is independent of such private
school and of any religious organizations, and such employment
or contract shall be under the control and supervision of such
public agency, and the funds provided under this title shall
not be commingled with State or local funds.
``(d) State prohibition waiver.--If by reason of any provision of law
a State or local educational agency is prohibited from providing for
the participation in programs of children enrolled in private
elementary and secondary schools, as required by this section, the
Secretary shall waive such requirements and shall arrange for the
provision of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--
``(1) Failure to comply.--If the Secretary determines that a
State or a local educational agency has substantially failed or
is unwilling to provide for the participation on an equitable
basis of children enrolled in private elementary and secondary
schools as required by this section, the Secretary may waive
such requirements and shall arrange for the provision of
services to such children through arrangements which shall be
subject to the requirements of this section.
``(2) Withholding of allocation.--Pending final resolution of
any investigation or complaint that could result in a
determination under this subsection or subsection (d), the
Secretary may withhold from the allocation of the affected
State or local educational agency the amount estimated by the
Secretary to be necessary to pay the cost of those services.
``(f) Determination.--Any determination by the Secretary under this
section shall continue in effect until the Secretary determines that
there will no longer be any failure or inability on the part of the
State or local educational agency to meet the requirements of
subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary arranges for
services pursuant to this section, the Secretary shall, after
consultation with the appropriate public and private school officials,
pay the cost of such services, including the administrative costs of
arranging for those services, from the appropriate allotment of the
State under this title.
``(h) Review.--
``(1) Written objections.--The Secretary shall not take any
final action under this section until the State and the local
educational agency affected by such action have had an
opportunity, for not less than 45 days after receiving written
notice thereof, to submit written objections and to appear
before the Secretary or the Secretary's designee to show cause
why that action should not be taken.
``(2) Court action.--If a State or local educational agency
is dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency may, not later than
60 days after notice of such action, file with the United
States court of appeals for the circuit in which such State is
located a petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court to the
Secretary. The Secretary thereupon shall file in the court the
record of the proceedings on which the Secretary based this
action, as provided in section 2112 of title 28, United States
Code.
``(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the
Secretary may make new or modified findings of fact and may
modify the Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new or
modified findings of fact shall likewise be conclusive if
supported by substantial evidence.
``(4) Court review.--Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in part. The
judgment of the court shall be subject to review by the Supreme
Court of the United States upon certiorari or certification as
provided in section 1254 of title 28, United States Code.
``SEC. 6403. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request, shall
provide technical assistance to States and local educational agencies
under this title.
``(b) Rulemaking.--The Secretary shall issue regulations under this
title only to the extent that such regulations are necessary to ensure
that there is compliance with the specific requirements and assurances
required by this title.
``(c) Availability of Appropriations.--Notwithstanding any other
provision of law, unless expressly in limitation of this subsection,
funds appropriated in any fiscal year to carry out activities under
this title shall become available for obligation on July 1 of such
fiscal year and shall remain available for obligation until the end of
the subsequent fiscal year.
``SEC. 6404. DEFINITIONS.
``For purposes of this title:
``(1) Effective schools programs.--The term `effective
schools programs' means school-based programs that may
encompass preschool through secondary school levels and that
have the objectives of--
``(A) promoting school-level planning, instructional
improvement, and staff development;
``(B) increasing the academic achievement levels of
all children and particularly educationally
disadvantaged children; and
``(C) achieving as ongoing conditions in the school
the following factors identified through scientifically
based research as distinguishing effective from
ineffective schools:
``(i) Strong and effective administrative and
instructional leadership that creates consensus
on instructional goals and organizational
capacity for instructional problem solving.
``(ii) Emphasis on the acquisition of basic
and advanced academic skills.
``(iii) A safe and orderly school environment
that allows teachers and pupils to focus their
energies on academic achievement.
``(iv) Continuous review of students and
programs to evaluate the effects of
instruction.
``(2) School-age population.--The term `school-age
population' means the population aged 5 through 17.
``(3) Scientifically based research.--The term
`scientifically based research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to effective schools programs; and
``(B) shall include research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations; and
``(iv) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
``(4) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 6405. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title
$365,750,000 for fiscal year 2000 and such sums as may be necessary for
each of the 5 succeeding fiscal years.''.
TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE
PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
SEC. 501. FUND FOR THE IMPROVEMENT OF EDUCATION.
Part A of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8001 et seq.) is amended to read as follows:
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 10101. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``Notwithstanding any other provision of Federal law, no funds
provided under this part to the Secretary or to the recipient of any
award may be used to develop, pilot test, field test, implement,
administer, or distribute any federally sponsored national test in
reading, mathematics, or any other subject, unless specifically and
explicitly authorized by law.
``SEC. 10102. PROHIBITION ON FEDERAL ENDORSEMENT OF ELEMENTARY AND
SECONDARY SCHOOL CURRICULUM.
``Notwithstanding any other provision of Federal law, no funds
provided under this part to the Secretary may be used to endorse,
approve, or sanction any curriculum designed to be used in elementary
or secondary schools.
``SEC. 10103. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Programs and Projects Authorized.--
``(1) In general.--From funds appropriated under this part,
the Secretary is authorized to support nationally significant
programs and projects to improve the quality of elementary and
secondary education at the State and local levels.
``(2) Methods for carrying out programs and projects.--The
Secretary is authorized to carry out such programs and projects
directly, or through grants to or contracts with States or
local educational agencies, institutions of higher education,
and other public and private agencies, organizations, and
institutions, including religious organizations.
``(b) Uses of Funds.--The funds appropriated under this part may be
used for any of the following activities and programs:
``(1) Activities to promote systemic education reform at the
State and local levels, including--
``(A) scientifically based research to improve
student academic achievement at the State and local
level; and
``(B) the development and evaluation of strategies
for parent and community involvement.
``(2) Programs at the State and local levels which are
designed to yield significant results, including programs to
explore approaches to public school choice and school-based
decision-making.
``(3) Programs designed to promote public school choice.
``(4) Performance rewards for States which--
``(A) make significant progress in eliminating
achievement gaps by increasing the proportions of 2 or
more groups of students described in section
1111(a)(3)(I) who meet State proficiency standards; and
``(B) have agreed to meet specific and numerical
performance goals during the term of a performance
agreement of at least 5 years in length.
``(5) Activities to promote and evaluate coordinated pupil
services programs.
``(6) Activities to promote consumer, economic,
entrepreneurial, and personal finance education, including
disseminating and encouraging the best practices for teaching
the basic principles of economics and promoting the concept of
achieving financial literacy through the teaching of personal
financial management skills, including the basic principles
involved with earning, spending, saving, and investing.
``(7) Studies, evaluations, and dissemination of various
education reform strategies and innovations based on
scientifically based research being pursued by the Federal
Government, States, and local educational agencies.
``(8) The identification and recognition of exemplary schools
and programs such as Blue Ribbon Schools.
``(9) Experiential-based learning programs.
``(10) The development and expansion of public-private
partnership education programs which extend the learning
experience beyond the classroom environment through the use of
computers.
``(11) An independent study conducted in consultation with
appropriate entities, which will provide a multi-level
coordinated implementation strategy based on scientifically
based research, for effective professional development
activities for mathematics and science teachers.
``(12) Programs to hire and support school nurses.
``(13) Grants for the education of recent immigrants to the
United States.
``(14) Activities to plan, implement, or expand alternative
education programs to reduce classroom disruptions and provide
a safe learning environment.
``(15) Grants for elementary and secondary school counseling
programs under section 10104.
``(16) Grants for character education programs under section
10105.
``(17) Grants for smaller learning communities within high
schools programs under section 10106.
``SEC. 10104. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
``(a) Grants Authorized.--
``(1) In general.--The Secretary may use funds provided under
this part to award grants to local educational agencies to
enable such agencies to establish or expand elementary and
secondary school counseling programs which meet the
requirements of subsection (b).
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs which--
``(A) demonstrate the greatest need for new or
additional counseling services among the children in
the schools served by the applicant;
``(B) propose the most promising and innovative
approaches for initiating or expanding 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 local educational agencies.
``(4) Duration.--A grant under this section shall be awarded
for a period not to exceed 3 years.
``(b) Requirements for Counseling Programs.--Each program funded
under this section shall--
``(1) be comprehensive in addressing the counseling and
educational needs of all students;
``(2) use a developmental, preventive approach to counseling;
``(3) increase the range, availability, quantity, and quality
of counseling services in the elementary and secondary schools
of the local educational agency;
``(4) expand counseling services through qualified school
counselors, school psychologists, and school social workers;
``(5) use innovative approaches to increase children's
understanding of peer and family relationships, work and self,
decision making, or academic and career planning, or to improve
peer interaction;
``(6) provide counseling services in settings that meet the
range of needs of students;
``(7) include inservice training, including training for
teachers in appropriate identification and intervention
techniques for disciplining and teaching students at risk of
violent behavior, by school counselors, school psychologists,
and school social workers;
``(8) involve parents of participating students in the
design, implementation, and evaluation of a counseling program;
``(9) involve collaborative efforts with community groups,
social service agencies, or other public or private entities to
enhance the program;
``(10) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section;
``(11) ensure a team approach to school counseling in the
elementary and secondary schools of the local educational
agency by maintaining a scientifically based ratio of school
counselors, school social workers, and school psychologists to
students; and
``(12) ensure that school counselors, school psychologists,
or school social workers paid from funds made available under
this section spend a majority of their time at the school in
activities directly related to the counseling process.
``(c) Limit on Administration.--Not more than 3 percent of the
amounts made available under this section in any fiscal year may be
used for administrative costs to carry out this section.
``(d) Definitions.--For purposes of this section, the terms `school
counselor', `school psychologist', and `school social worker', mean
individuals qualified, licensed, or certified under State law to
provide mental health counseling to children and adolescents.
``SEC. 10105. CHARACTER EDUCATION PROGRAM.
``(a) Program Authorized.--
``(1) In general.--The Secretary may use funds provided under
this part to award grants to States, local educational
agencies, or consortia of such educational agencies for the
design and implementation of character education programs which
incorporate the elements of character described in subsection
(c).
``(2) Duration.--Each grant under this section shall be
awarded for a period not to exceed 5 years, of which the
recipient may not use more than 1 year for planning and program
design.
``(b) Contracts Under Program.--
``(1) Evaluation.--Each State, local educational agency, or
consortia of such educational agencies awarded a grant under
this section may contract with outside sources, including
institutions of higher education and private and nonprofit
organizations, for purposes of evaluating its program and
measuring the success of the program toward fostering in
students the elements of character described in subsection (c).
``(2) Materials and program development.--Each State, local
educational agency, or consortia of such educational agencies
awarded a grant under this section 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.
``(c) Elements of Character.--The elements of character described in
this subsection are as follows:
``(1) Honesty.
``(2) Citizenship.
``(3) Courage.
``(4) Justice.
``(5) Respect.
``(6) Personal Responsibility.
``(7) Trustworthiness.
``(8) Any other elements deemed appropriate by the State,
local educational agency, or consortia of such educational
agencies receiving a grant under this paragraph.
``(d) Selection of Recipients.--
``(1) Criteria.--The Secretary shall select States, local
educational agencies, or consortia of such educational agencies
to receive grants under this section on the basis of the
quality of the applications submitted, taking into
consideration such factors as--
``(A) the extent to which the proposed character
education program fosters in students the elements of
character described in subsection (c);
``(B) the extent of parental, student, and community
involvement in the program; and
``(C) the likelihood that the goals of the program
will be realistically achieved.
``(2) Diversity of projects.--The Secretary shall approve
applications for grants under this section in a manner which
ensures to the extent practicable that the character education
programs funded with such grants--
``(A) serve an equitable geographic distribution
among the regions of the United States and among urban,
suburban, and rural areas; and
``(B) serve schools which serve a high percentage of
minorities, Native Americans, students of limited
English proficiency, and disadvantaged students.
``SEC. 10106. SMALLER LEARNING COMMUNITIES WITHIN HIGH SCHOOLS.
``(a) In General.--The Secretary may use funds provided under this
part to--
``(1) promote the creation of smaller learning communities
within high schools in which students may receive greater
individual attention and support, including the development and
implementation of scientifically based research strategies
described in subsection (b) to create such communities; and
``(2) develop and implement strategies to include parents,
business representatives, institutions of higher education,
community-based organizations, and other community members in
such communities.
``(b) Examples of Strategies to Create Smaller Learning
Communities.--The strategies described in this subsection to create
smaller learning communities within high schools may include:
``(1) The establishment of learning clusters, `houses',
magnet schools, or other approaches to creating schools within
schools.
``(2) The use of block scheduling.
``(3) The use of personal adult advocates, teacher-advisory
systems, and other mentoring strategies.
``(4) Strategies to reduce teaching loads.
``(5) Other innovations designed to increase student academic
achievement through the creation of a more personalized high
school experience for students.
``(c) Size of Communities.--In using funds under this section, the
Secretary's goal shall be the creation of learning communities of not
more than 600 students within high schools.
``SEC. 10107. GENERAL PROVISIONS.
``(a) Awards Made on Competitive Basis.--The Secretary may make
awards under this part on the basis of competitions announced by the
Secretary.
``(b) Special Rule.--The Secretary shall ensure that programs,
projects, and activities supported under this part are designed so that
the effectiveness of such programs, projects, and activities is readily
ascertainable and based on scientifically based research.
``(c) Peer Review.--The Secretary shall use a peer review process in
reviewing applications for assistance under this part, and may use
funds appropriated under this part for the cost of such peer review.
``(d) Applications.--An applicant for an award under this part shall
submit an application which--
``(1) establishes clear goals and objectives for its project
under this part which are based on scientifically based
research; and
``(2) describes the activities it will carry out in order to
meet the goals and objectives described in paragraph (1).
``(e) Evaluations.--A recipient of an award under this part shall--
``(1) evaluate the effectiveness of its project in achieving
the goals and objectives stated in its application; and
``(2) report to the Secretary such information as may be
required, including evidence of its progress toward meeting the
such goals, to determine the project's effectiveness.
``(f) Dissemination of Evaluation Results.--The Secretary shall
provide for the dissemination of the evaluations of projects funded
under this part by making the evaluations publicly available upon
request, and shall publish public notice that the evaluations are so
available.
``(g) Matching Funds.--The Secretary may require recipients of awards
under this part to provide matching funds from non-Federal sources.
``(h) Scientifically Based Research Defined.--In this part, the term
`scientifically based research'--
``(1) means the application of rigorous, systematic, and
objective procedures to obtain valid knowledge relevant to
education activities and programs; and
``(2) shall include research which--
``(A) employs systematic, empirical methods which
draw on observation or experiment,
``(B) involves rigorous data analyses which are
adequate to test the stated hypotheses and justify the
general conclusions drawn,
``(C) relies on measurements or observational methods
which 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.
``(i) Authorization of Appropriations.--For the purpose of carrying
out this part, there are authorized to be appropriated $50,000,000 for
fiscal year 2000 and $50,000,000 for each of the 5 succeeding fiscal
years.''.
PART B--ARTS EDUCATION
SEC. 511. ARTS EDUCATION.
Part D of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8091 et seq.) is amended to read as follows:
``PART D--ARTS EDUCATION
``SEC. 10401. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) every student can benefit from an education in the
arts;
``(2) a growing body of research indicates that education in
the arts may provide cognitive benefits and bolster academic
achievement, beginning at an early age and continuing through
school;
``(3) qualified arts teachers and sequential curriculum are
the basis and core for substantive arts education for students;
``(4) arts education programs should be grounded in rigorous
instruction and take their place within a structure of direct
accountability to parents, school officials, and the community;
``(5) opportunities in the arts have enabled persons of all
ages with disabilities to participate more fully in school and
community activities; and
``(6) arts education is a valuable part of the elementary and
secondary school curriculum.
``(b) Purposes.--The purposes of this part are to--
``(1) support systemic education reform by strengthening arts
education as an integral part of the elementary and secondary
school curriculum; and
``(2) help ensure that all students can learn to challenging
State content standards and challenging State student
performance standards in the arts.
``(c) Eligible Recipients.--In order to carry out the purposes of
this part, the Secretary is authorized to award grants to, or enter
into contracts or cooperative agreements with--
``(1) States;
``(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 part may be used for--
``(1) research on arts education;
``(2) planning, developing, acquiring, expanding, improving,
and disseminating model school-based arts education programs;
``(3) the development of model State arts education
assessments based on State standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model inservice professional
development programs for arts educators and other instructional
staff;
``(6) supporting collaborative activities with other Federal
agencies or institutions, arts educators, and organizations
representing the arts, including State and local arts agencies
involved in arts education;
``(7) supporting model projects and programs in the
performing arts for children and youth and programs which
assure the participation in mainstream settings in arts and
education programs of individuals with disabilities through
arrangements made with organizations such as the John F.
Kennedy Center for the Performing Arts and VSA arts;
``(8) supporting model projects and programs to integrate
arts education into the regular elementary and secondary school
curriculum; and
``(9) other activities that further the purposes of this
part.
``(e) Coordination and Consultation.--
``(1) In general.--A recipient of funds under this part
shall, to the extent possible, coordinate projects assisted
under this part with appropriate activities of public and
private cultural agencies, institutions, and organizations,
including museums, arts education associations, libraries, and
theaters.
``(2) Consultation.--In carrying out this part, the Secretary
shall consult with other Federal agencies or institutions, arts
educators (including professional arts education associations),
and organizations representing the arts including State and
local arts agencies involved in arts education.
``(f) Authorization.--
``(1) In general.--For the purpose of carrying out this part,
there are authorized to be appropriated $11,500,000 for fiscal
year 2000 and such sums as may be necessary for each of the 5
succeeding fiscal years.
``(2) Special rule.--Any entity receiving funds under this
part shall use such funds only to supplement and not to
supplant the amount of funds made available from non-Federal
sources for the activities assisted under this part.''.
PART C--PUBLIC CHARTER SCHOOLS
SEC. 521. PUBLIC CHARTER SCHOOLS.
(a) Charter School Defined.--Section 10310(1)(H) of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8066(1)(H)) is amended
by inserting ``or in another nondiscriminatory manner consistent with
State law,'' after ``lottery,''.
(b) Authorization of Appropriations.--Section 10311 (20 U.S.C. 8067)
is amended--
(1) by striking ``$100,000,000 for fiscal year 1999'' and
inserting ``$145,000,000 for fiscal year 2000''; and
(2) by striking ``four'' and inserting ``5''.
PART D--CIVIC EDUCATION
SEC. 531. CIVIC EDUCATION.
Part F of title X of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 8141 et seq.) is amended to read as follows:
``PART F--CIVIC EDUCATION
``SEC. 10601. SHORT TITLE.
``This part may be cited as the `Education for Democracy Act'.
``SEC. 10602. PURPOSE.
``It is the purpose of this part--
``(1) to improve the quality of civics and government
education, by educating students about the history and
principles of the Constitution of the United States, including
the Bill of Rights; and
``(2) to foster civic competence and responsibility.
``SEC. 10603. GENERAL AUTHORITY.
``The Secretary is authorized to award grants to or enter into
contracts with the Center for Civic Education to carry out civic
education activities under sections 10604.
``SEC. 10604. WE THE PEOPLE PROGRAM.
``(a) The Citizen and the Constitution.--
``(1) In general.--The Center for Civic Education shall use
funds awarded under section 10603(a) to carry out The Citizen
and the Constitution program in accordance with this
subsection.
``(2) Educational activities.--The Citizen and the
Constitution program--
``(A) shall continue and expand the educational
activities of the `We the People . . . The Citizen and
the Constitution' program administered by the Center
for Civic Education;
``(B) shall enhance student attainment of challenging
content standards in civics and government; and
``(C) shall provide--
``(i) a course of instruction on the basic
principles of our Nation's constitutional
democracy and the history of the Constitution
of the United States and the Bill of Rights;
``(ii) at the request of a participating
school, school and community simulated
congressional hearings following the course of
study;
``(iii) an annual national competition of
simulated congressional hearings for secondary
school students who wish to participate in such
a program;
``(iv) advanced training of teachers about
the Constitution of the United States and the
political system the United States created;
``(v) materials and methods of instruction,
including teacher training, that utilize the
latest advancements in educational technology;
and
``(vi) civic education materials and services
to address specific problems such as the
prevention of school violence and the abuse of
drugs and alcohol.
``(3) Availability of program.--The education program
authorized under this subsection shall be made available to
public and private elementary and secondary schools, including
Bureau funded schools, in the 435 congressional districts, and
in the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(b) Project Citizen.--
``(1) In general.--The Center for Civic Education shall use
funds awarded under section 10603(a) to carry out The Project
Citizen program in accordance with this subsection.
``(2) Educational activities.--The Project Citizen program--
``(A) shall continue and expand the educational
activities of the `We the People . . . Project Citizen'
program administered by the Center for Civic Education;
``(B) shall enhance student attainment of challenging
content standards in civics and government; and
``(C) shall provide--
``(i) 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 of the United States;
``(ii) optional school and community
simulated State legislative hearings;
``(iii) an annual national showcase or
competition;
``(iv) advanced training of teachers on the
roles of State and local governments in the
Federal system established by the Constitution
of the United States;
``(v) materials and methods of instruction,
including teacher training, that utilize the
latest advancements in educational technology;
and
``(vi) civic education materials and services
to address specific problems such as the
prevention of school violence and the abuse of
drugs and alcohol.
``(3) Availability of program.--The education program
authorized under this subsection shall be made available to
public and private middle schools, including Bureau funded
schools, in the 50 States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
``(c) Definition of bureau funded school.--In this section the term
`Bureau funded school' has the meaning given the term in section 1146
of the Education Amendments of 1978.
``SEC. 10605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out section 10604,
$9,850,000 for fiscal year 2000 and such sums as may be necessary for
each of the fiscal years 2001 through 2005.''.
PART E--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
SEC. 541. ALLEN J. ELLENDER FELLOWSHIP PROGRAM.
Part G of title X of the Elementary and Secondary Education Act of
1965 is amended to read as follows:
``PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 10701. 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. 10711. 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. 10712. 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. 10721. 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. 10722. 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 teachers school
who participates in the programs described in section 10711(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section 10711(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. 10731. 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. 10732. 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. 10741. 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 Generals 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. 10742. 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 2001 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
10711(a).''.
TITLE VI--GENERAL PROVISIONS
SEC. 601. GENERAL PROVISIONS.
Title XIV of the Elementary and Secondary Education Act is amended to
read as follows:
``TITLE XIV--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 14101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this Act, the
following terms have the following meanings:
``(1) Average daily attendance--
``(A) Except as provided otherwise by State law or
this paragraph, the term `average daily attendance'
means--
``(i) the aggregate number of days of
attendance of all students during a school
year; divided by
``(ii) the number of days school is in
session during such school year.
``(B) The Secretary shall permit the conversion of
average daily membership (or other similar data) to
average daily attendance for local educational agencies
in States that provide State aid to local educational
agencies on the basis of average daily membership or
such other data.
``(C) If the local educational agency in which a
child resides makes a tuition or other payment for the
free public education of the child in a school located
in another school district, the Secretary shall, for
purposes of this Act--
``(i) consider the child to be in attendance
at a school of the agency making such payment;
and
``(ii) not consider the child to be in
attendance at a school of the agency receiving
such payment.
``(D) If a local educational agency makes a tuition
payment to a private school or to a public school of
another local educational agency for a child with
disabilities, as defined in section 602(3) of the
Individuals with Disabilities Education Act, the
Secretary shall, for the purposes of this Act, consider
such child to be in attendance at a school of the
agency making such payment.
``(2) Average per-pupil expenditure.--The term `average per-
pupil expenditure' means, in the case of a State or of the
United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by the
State for the operation of such agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom such agencies provided free
public education during such preceding year.
``(3) Child.--The term `child' means any person within the
age limits for which the State provides free public education.
``(4) Child with disability.--The term `child with a
disability' means a child--
``(A) with mental retardation, hearing impairments,
hearing impairments (including deafness), speech or
language impairments, visual impairments (including
blindness), serious emotional disturbance (hereinafter
referred to as `emotional disturbance'), orthopedic
impairments, autism, traumatic brain injury, other
health impairments, or specific learning disabilities;
and
``(B) who, by reason thereof, needs special education
and related services.
``(5) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(6) Consolidated local application.--The term `consolidated
local application' means an application submitted by a local
educational agency pursuant to section 14305.
``(7) Consolidated local plan.--The term `consolidated local
plan' means a plan submitted by a local educational agency
pursuant to section 14305.
``(8) Consolidated state application.--The term `consolidated
State application' means an application submitted by a State
educational agency pursuant to section 14302.
``(9) Consolidated state plan.--The term `consolidated State
plan' means a plan submitted by a State educational agency
pursuant to section 14302.
``(10) County.--The term `county' means one of the divisions
of a State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(11) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) part B of title I;
``(C) part C of title I;
``(D) part D of title I;
``(E) title II (other than National activities);
``(F) subpart 2 of part A of title III;
``(G) part A title IV (other than section 4115(b));
``(H) title VI;
``(I) comprehensive school reform programs as
authorized under section 1502 and described on pages
96-99 of the Joint Explanatory Statement of the
Committee of Conference included in House Report 105-
390 (Conference Report on the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 1998);
``(K) part A of title VII;
``(L) part C of title VII;
``(M) part J of title X; and
``(N) title XII.
``(12) Current expenditures.--The term `current expenditures'
means expenditures for free public education--
``(A) including expenditures for administration,
instruction, attendance, pupil transportation services,
operation and maintenance of plant, fixed charges, and
net expenditures to cover deficits for food services
and student body activities; but
``(B) not including expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds received under title I and
title VI.
``(13) Department.--The term `Department' means the
Department of Education.
``(14) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(15) Elementary school.--The term `elementary school' means
a nonprofit institutional day or residential school, including
a public elementary charter school, that provides elementary
education, as determined under State law.
``(16) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between parents
and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to economic
self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(17) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such
term does not include any education provided beyond
grade 12.
``(18) Gifted and talented.--The term `gifted and talented',
when used with respect to students, children or youth, means
students, children or youth who give evidence of high
performance capability in areas such as intellectual, creative,
artistic, or leadership capacity, or in specific academic
fields, and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
``(19) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101 of the Higher Education Act of 1965.
``(20) Local educational agency.--(A) The term `local
educational agency' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political
subdivision of a State, or for such combination of school
districts or counties as are recognized in a State as an
administrative agency for its public elementary or secondary
schools.
``(B) The term includes any other public institution or
agency having administrative control and direction of a public
elementary or secondary school.
``(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent
that such inclusion makes such school eligible for programs for
which specific eligibility is not provided to such school in
another provision of law and such school does not have a
student population that is smaller than the student population
of the local educational agency receiving assistance under this
Act with the smallest student population, except that such
school shall not be subject to the jurisdiction of any State
educational agency other than the Bureau of Indian Affairs.
``(D) The term includes educational service agencies and
consortia of such agencies.
``(21) Mentoring.--The term `mentoring' means a program in
which an adult works with a child or youth on a 1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and introducing the child or youth to new
experiences that enhance the child or youth's ability to excel
in school and become a responsible citizen.
``(22) Other staff.--The term `other staff' means pupil
services personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(23) Outlying area.--The term `outlying area' means the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
``(24) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis.
``(25) Public telecommunication entity.--The term `public
telecommunication entity' has the same meaning given to such
term in section 397(12) of the Communications Act of 1934.
``(26) Pupil services personnel; pupil services.--(A) The
term `pupil services personnel' means school counselors, school
social workers, school psychologists, and other qualified
professional personnel involved in providing assessment,
diagnosis, counseling, educational, therapeutic, and other
necessary services (including related services as such term is
defined in section 602(22) of the Individuals with Disabilities
Education Act) as part of a comprehensive program to meet
student needs.
``(B) The term `pupil services' means the services provided
by pupil services personnel.
``(27) Scientifically based research.--The term
`scientifically based research'--
``(A) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to education activities and programs; and
``(B) shall include research that--
``(i) employs systematic, empirical methods
that draw on observation or experiment;
``(ii) involves rigorous data analyses that
are adequate to test the stated hypotheses and
justify the general conclusions drawn;
``(iii) relies on measurements or
observational methods that provide valid data
across evaluators and observers and across
multiple measurements and observations;
``(iv) is evaluated using randomized
experiments in which individuals, entities,
programs, or activities are randomly assigned
to different variations (including a control
condition) to compare the relative effects of
the variations; and
``(v) has been accepted by a peer-reviewed
journal or approved by a panel of independent
experts through a comparably rigorous,
objective, and scientific review.
``(28) Secondary school.--The term `secondary school' means a
nonprofit institutional day or residential school, including a
public secondary charter school, that provides secondary
education, as determined under State law, except that such term
does not include any education beyond grade 12.
``(29) Secretary.--The term `Secretary' means the Secretary
of Education.
``(30) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(31) State educational agency.--The term `State educational
agency' means the agency primarily responsible for the State
supervision of public elementary and secondary schools.
``(32) Technology.--The term `technology' means the latest
state-of-the-art technology products and services.
``SEC. 14102. APPLICABILITY OF TITLE.
``Parts B, C, D, E, and F of this title do not apply to title VIII of
this Act.
``SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.
``For purposes of any competitive program under this Act, a consortia
of schools operated by the Bureau of Indian Affairs, a school operated
under a contract or grant with the Bureau of Indian Affairs in
consortia with another contract or grant school or tribal or community
organization, or a Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school and tribal
or community organization shall be given the same consideration as a
local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may consolidate
the amounts specifically made available to such agency for
State administration under one or more of the programs under
paragraph (2) if such State educational agency can demonstrate
that the majority of such agency's resources are derived from
non-Federal sources.
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used for
administration, and such other programs as the Secretary may
designate.
``(b) Use of funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation under
subsection (a), such as--
``(A) the coordination of such programs with other
Federal and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding
model programs and practices;
``(E) technical assistance under any program under
this Act;
``(F) State level activities designed to carry out
this title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the Department
of Education.
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State administration
under this section, the Secretary may periodically review the
performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as the
Secretary finds appropriate to ensure the effectiveness of such
administration.
``(e) Unused administrative funds.--If a State educational agency
does not use all of the funds available to such agency under this
section for administration, such agency may use such funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local educational
agency, in such agency's applications or plans under this Act, shall
describe how such agency will eliminate duplication in the conduct of
administrative functions.
``SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of the
Secretary and for any fiscal year, a local educational agency, with the
approval of its State educational agency, may consolidate and use for
the administration of one or more programs under this Act (or such
other programs as the Secretary shall designate) not more than the
percentage, established in each such program, of the total available
for the local educational agency under such programs.
``(b) State Procedures.--Within one-year from the date of enactment
of the Education OPTIONS Act, a State educational agency shall, in
collaboration with local educational agencies in the State, establish
procedures for responding to requests from local educational agencies
to consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under such programs
that may be used for administration on a consolidated basis.
``(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year shall not
use any other funds under the programs included in the consolidation
for administration for that fiscal year.
``(d) Uses of Administrative Funds.--A local educational agency that
consolidates administrative funds under this section may use such
consolidated funds for the administration of such programs and for
uses, at the school district and school levels, comparable to those
described in section 14201(b)(2).
``(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of such programs included in the consolidation.
``SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under part A of
title IX of this Act, and the education for homeless children
and youth program under subtitle B of title VII of the Stewart
B. McKinney Homeless Assistance Act, the amounts allotted to
the Department of the Interior under those programs.
``(2) Agreement.--(A) The Secretary and the Secretary of the
Interior shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for
the distribution and use of those program funds under terms
that the Secretary determines best meet the purposes of those
programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the
Interior for the use of the amount transferred and the
performance measures to assess program effectiveness,
including measurable goals and objectives; and
``(ii) be developed in consultation with Indian
tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
such department's costs related to the administration of the funds
transferred under this section.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 14301. PURPOSE.
``The purposes of this part are to improve teaching and learning
through greater coordination between programs and to provide greater
flexibility to State and local authorities by allowing the
consolidation of State and local plans, applications, and reporting.
``SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which a State educational agency may submit a consolidated
State plan or a consolidated State application meeting the
requirements of this section for--
``(A) any programs under this Act in which the State
participates; and
``(B) such other programs as the Secretary may
designate.
``(2) Consolidated applications and plans.--A State
educational agency that submits a consolidated State plan or a
consolidated State application under this section shall not be
required to submit a separate State plan or application for a
program included in the consolidated State plan or application.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State
agencies, local educational agencies, public and private
nonprofit agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
``(2) Contents.--Through the collaborative process described
in paragraph (1), the Secretary shall establish, for each
program under the Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require only
descriptions, information, assurances, and other materials that
are absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.
``SEC. 14303. CONSOLIDATED REPORTING.
``In order to simplify reporting requirements and reduce reporting
burdens, the Secretary shall establish procedures and criteria under
which a State educational agency may submit a consolidated State annual
report. Such report shall contain information about the programs
included in the report, including the State's performance under those
programs, and other matters as the Secretary determines, such as
monitoring activities. Such a report shall take the place of separate
individual annual reports for the programs subject to it.
``SEC. 14304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under this
Act, whether separately or under section 14302, shall have on file with
the Secretary a single set of assurances, applicable to each program
for which such plan or application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, in a nonprofit private agency,
institution, or organization, or in an Indian tribe if the law
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
``(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or other
Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such information
to the Secretary, and afford access to the records as
the Secretary may find necessary to carry out the
Secretary's duties; and
``(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity for
public comment on the plan or application and has considered
such comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--A local educational agency receiving funds
under more than one program under this Act may submit plans or
applications to the State educational agency under such programs on a
consolidated basis.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan or
application under section 14302 may require local educational agencies
in the State receiving funds under more than one program included in
the consolidated State plan or consolidated State application to submit
consolidated local plans or applications under such programs, but may
not require such agencies to submit separate plans.
``(c) Collaboration.--A State educational agency shall collaborate
with local educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or consolidated
State applications under this section.
``(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the local
educational agency plan or application.
``SEC. 14306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State educational
agency that submits a plan or application under this Act, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is
submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in a nonprofit private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to such
entities; and
``(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will administer
such funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to such applicant under
each such program;
``(6) the applicant will--
``(A) make reports to the State educational agency
and the Secretary as may be necessary to enable such
agency and the Secretary to perform their duties under
each such program; and
``(B) maintain such records, provide such
information, and afford access to the records as the
State educational agency or the Secretary may find
necessary to carry out the State educational agency's
or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``PART D--WAIVERS
``SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of this Act
or the Carl D. Perkins Vocational and Technical Education Act of 1998
for a State educational agency, local educational agency, Indian tribe,
or school through a local educational agency, that--
``(1) receives funds under a program authorized by this Act;
and
``(2) requests a waiver under subsection (b).
``(b) Request for Waiver.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a waiver
shall submit a waiver application to the Secretary that--
``(A) indicates each Federal program affected and
each statutory or regulatory requirement requested to
be waived;
``(B) describes the purpose and overall expected
results of waiving each such requirement;
``(C) describes, for each school year, specific,
measurable, educational goals for the State educational
agency and for each local educational agency, Indian
tribe, or school that would be affected by the wavier;
``(D) explains why the waiver will assist the State
educational agency and each affected local educational
agency, Indian tribe, or school in reaching such goals.
``(2) Additional information.--Such requests--
``(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on
behalf of such agencies and schools) to State
educational agencies; and
``(II) by State educational agencies (on
behalf of, and based upon the requests of,
local educational agencies) to the Secretary;
or
``(ii) by Indian tribes (on behalf of schools
operated by such tribes) to the Secretary.
``(3) General requirements.--
``(A) In the case of a waiver request submitted by a
State educational agency acting in its own behalf, the
State educational agency shall--
``(i) provide all interested local
educational agencies in the State with notice
and a reasonable opportunity to comment on the
request;
``(ii) submit the comments to the Secretary;
and
``(iii) provide notice and information to the
public regarding the waiver request in the
manner that the applying agency customarily
provides similar notices and information to the
public.
``(B) In the case of a waiver request submitted by a
local educational agency that receives funds under this
Act--
``(i) such request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of such State educational
agency; and
``(ii) notice and information regarding the
waiver request shall be provided to the public
by the agency requesting the waiver in the
manner that such agency customarily provides
similar notices and information to the public.
``(c) Restrictions.--The Secretary shall not waive under this section
any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, or other recipients of funds under
this Act;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(5) equitable participation of private school students and
teachers;
``(6) parental participation and involvement;
``(7) applicable civil rights requirements;
``(8) the requirement for a charter school under part C of
title X; or
``(9) the prohibitions regarding--
``(A) State aid in section 14502;
``(B) use of funds for religious worship or
instruction in section 14507; and
``(C) activities in section 14513.
``(d) Duration and Extension of Waiver.--
``(1) In general.--Except as provided in paragraph (2), the
duration of a waiver approved by the Secretary under this
section may be for a period not to exceed 5 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines that--
``(A) the waiver has been effective in enabling the
State or affected recipients to carry out the
activities for which the waiver was requested and the
waiver has contributed to improved student performance;
and
``(B) such extension is in the public interest.
``(e) Reports.--
``(1) Local waiver.--A local educational agency that receives
a waiver under this section shall at the end of the second year
for which a waiver is received under this section, and each
subsequent year, submit a report to the State educational
agency that--
``(A) describes the uses of such waiver by such
agency or by schools;
``(B) describes how schools continued to provide
assistance to the same populations served by the
programs for which waivers are requested; and
``(C) evaluates the progress of such agency and of
schools in improving the quality of instruction or the
academic performance of students.
``(2) State waiver.--A State educational agency that receives
reports required under paragraph (1) shall annually submit a
report to the Secretary that is based on such reports and
contains such information as the Secretary may require.
``(3) Indian tribe waiver.--An Indian tribe that receives a
waiver under this section shall annually submit a report to the
Secretary that--
``(A) describes the uses of such waiver by schools
operated by such tribe; and
``(B) evaluates the progress of such schools in
improving the quality of instruction or the academic
performance of students.
``(4) Report to congress.--Beginning in fiscal year 2001 and
each subsequent year, the Secretary shall 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 report--
``(A) summarizing the uses of waivers by State
educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to
students; or
``(ii) improved the academic performance of
students.
``(f) Termination of Waivers.--The Secretary shall terminate a waiver
under this section if the Secretary determines, after notice and an
opportunity for a hearing, that the performance of the State or other
recipient affected by the waiver has been inadequate to justify a
continuation of the waiver or if the waiver is no longer necessary to
achieve its original purposes.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of such
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``PART E--UNIFORM PROVISIONS
``SEC. 14501. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive funds under
a covered program for any fiscal year only if the State educational
agency finds that either the combined fiscal effort per student or the
aggregate expenditures of such agency and the State with respect to the
provision of free public education by such agency for the preceding
fiscal year was not less than 90 percent of such combined fiscal effort
or aggregate expenditures for the second preceding fiscal year.
``(b) Reduction in Case of Failure To Meet.--
``(1) In general.--The State educational agency shall reduce
the amount of the allocation of funds under a covered program
in any fiscal year in the exact proportion to which a local
educational agency fails to meet the requirement of subsection
(a) of this section by falling below 90 percent of both the
combined fiscal effort per student and aggregate expenditures
(using the measure most favorable to such local agency).
``(2) Special rule.--No such lesser amount shall be used for
computing the effort required under subsection (a) of this
section for subsequent years.
``(c) Waiver.--The Secretary may waive the requirements of this
section if the Secretary determines that such a waiver would be
equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of the
local educational agency.
``SEC. 14502. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under this Act
(other than under title VIII) in determining the eligibility of any
local educational agency in such State for State aid, or the amount of
State aid, with respect to free public education of children.
``SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this Act,
to the extent consistent with the number of eligible children
in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
such agencies, or another entity receiving financial assistance
under a program specified in subsection (b), who are enrolled
in private elementary and secondary schools in areas served by
such agency, consortium or entity, such agency, consortium or
entity shall, after timely and meaningful consultation with
appropriate private school officials, provide such children and
their teachers or other educational personnel, on an equitable
basis, special educational services or other benefits that
address their needs under such program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other benefits
provided under this section for such private school children,
teachers, and other educational personnel shall be equitable in
comparison to services and other benefits for public school
children, teachers, and other educational personnel
participating in such program and shall be provided in a timely
manner.
``(4) Expenditures.--Expenditures for educational services
and other benefits provided under this section to eligible
private school children, their teachers, and other educational
personnel serving such children shall be equal, taking into
account the number and educational needs of the children to be
served, to the expenditures for participating public school
children.
``(5) Provision of services.--Such agency, consortium or
entity described in subsection (a)(1) of this section may
provide such services directly or through contracts with public
and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) part C of title I;
``(B) title II;
``(C) title III;
``(D) title IV; and
``(E) title VII.
``(2) Definition.--For the purposes of this section, the term
`eligible children' means children eligible for services under
a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of such agencies
or entity shall consult with appropriate private school
officials during the design and development of the programs
under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve such
services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
teachers, and other educational personnel and the
amount of funds available for such services; and
``(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services,
including a thorough consideration and analysis of the
views of the private school officials on the provision
of contract services through potential third party
providers.
``(2) Disagreement.--If the agency, consortium or entity
disagrees with the views of the private school officials on the
provision of services through a contract, the agency,
consortium, or entity shall provide in writing to such private
school officials an analysis of the reasons why the local
educational agency has chosen not to use a contractor.
``(3) Timing.--Such consultation shall occur before the
agency, consortium, or entity makes any decision that affects
the opportunities of eligible private school children,
teachers, and other educational personnel to participate in
programs under this Act, and shall continue throughout the
implementation and assessment of activities under this section.
``(4) Discussion required.--Such consultation shall include a
discussion of service delivery mechanisms that the agency,
consortium, or entity could use to provide equitable services
to eligible private school children, teachers, administrators,
and other staff.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with such funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer such funds and property.
``(2) Provision of services.--
``(A) The provision of services under this section
shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency
with an individual, association, agency,
organization, or other entity.
``(B) In the provision of such services, such
employee, person, association, agency, organization or
other entity shall be independent of such private
school and of any religious organization, and such
employment or contract shall be under the control and
supervision of such public agency.
``(C) Funds used to provide services under this
section shall not be commingled with non-Federal funds.
``SEC. 14504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State educational agency,
local educational agency, educational service agency, consortium, or
other entity of such agencies, is prohibited from providing for the
participation in programs of children enrolled in, or teachers or other
educational personnel from, private elementary and secondary schools,
on an equitable basis, or if the Secretary determines that such agency
consortium or entity has substantially failed or is unwilling to
provide for such participation, as required by section 14503, the
Secretary shall--
``(1) waive the requirements of that section for such agency,
consortium, or entity;
``(2) arrange for the provision of equitable services to such
children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 14503, 14505, and 14506; and
``(3) in making the determination, consider one or more
factors, including the quality, size, scope, location of the
program and the opportunity of private school children,
teachers, and other educational personnel to participate.
``SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 14503 by a State
educational agency, local educational agency, educational service
agency, consortium of such agencies or entity. Such individual or
organization shall submit such complaint to the State educational
agency for a written resolution by the State educational agency within
a reasonable period of time.
``(b) Appeals to Secretary.--Such resolution may be appealed by an
interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within a reasonable period of time. Such appeal shall be
accompanied by a copy of the State educational agency's resolution, and
a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal not later than
120 days after receipt of the appeal.
``SEC. 14506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--
``(1) In general.--
``(A) The Secretary shall not take any final action
under section 14504 until the State educational agency,
local educational agency, educational service agency,
consortium of such agencies or entity affected by such
action has had an opportunity, for not less than 45
days after receiving written notice thereof, to submit
written objections and to appear before the Secretary
to show cause why that action should not be taken.
``(B) Pending final resolution of any investigation
or complaint that could result in a determination under
this section, the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
``(2) Petition for review.--
``(A) If such affected agency consortium or entity is
dissatisfied with the Secretary's final action after a
proceeding under paragraph (1), such agency consortium
or entity may, within 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action.
``(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary.
``(C) The Secretary upon receipt of the copy of the
petition shall file in the court the record of the
proceedings on which the Secretary based this action,
as provided in section 2112 of title 28, United States
Code.
``(3) Findings of fact.--
``(A) The findings of fact by the Secretary, if
supported by substantial evidence, shall be conclusive,
but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the
Secretary may then make new or modified findings of
fact and may modify the Secretary's previous action,
and shall file in the court the record of the further
proceedings.
``(B) Such new or modified findings of fact shall
likewise be conclusive if supported by substantial
evidence.
``(4) Jurisdiction.--
``(A) Upon the filing of such petition, the court
shall have jurisdiction to affirm the action of the
Secretary or to set such action aside, in whole or in
part.
``(B) The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254
of title 28, United States Code.
``(b) Determination.--Any determination by the Secretary under this
section shall continue in effect until the Secretary determines, in
consultation with such agency, consortium or entity and representatives
of the affected private school children, teachers, or other educational
personnel that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable requirements
of section 14503 or any other provision of this Act.
``(c) Payment From State allotment.--When the Secretary arranges for
services pursuant to this section, the Secretary shall, after
consultation with the appropriate public and private school officials,
pay the cost of such services, including the administrative costs of
arranging for those services, from the appropriate allocation or
allocations under this Act.
``(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the date of
enactment of the Education OPTIONS Act shall remain in effect to the
extent the Secretary determines that such determination is consistent
with the purpose of this section.
``SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
``Nothing contained in this Act shall be construed to authorize the
making of any payment under this Act for religious worship or
instruction.
``SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
``Nothing in this Act shall be construed to affect home schools.
``SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC
SCHOOLS.
``Nothing in this Act or any other Act administered by the Department
shall be construed to permit, allow, encourage, or authorize any
Federal control over any aspect of any private, religious, or home
school, whether or not a home school is treated as a private school or
home school under State law. This section shall not be construed to bar
private, religious, or home schools from participation in programs or
services under this Act or any other Act administered by the
Department.
``SEC. 14510. SCHOOL PRAYER.
``Notwithstanding any provision of law, no funds made available
through the Department of Education under this Act, or any other Act,
shall be available to any State or local educational agency which has a
policy of denying or which effectively prevents participation in,
constitutionally protected prayer in public schools by individuals on a
voluntary basis. Neither the United States nor any State nor any local
educational agency shall require any person to participate in prayer or
influence the form or content of any constitutionally protected prayer
in such public schools.
``SEC. 14511. MEMORIALS AND MEMORIAL SERVICES; RULE OF CONSTRUCTION;
AND ATTORNEY FEES.
``(a) Findings.--Congress finds the following:
``(1) The saying of a prayer, the reading of a scripture, or
the performance of religious music, as part of a memorial
service that is held on the campus of a public elementary or
secondary school in order to honor the memory of any person
slain on that campus is not objectionable under this Act.
``(2) The design and construction of any memorial which
includes religious symbols, motifs, or sayings that is placed
on the campus of a public elementary or secondary school in
order to honor the memory of any person slain on that campus is
not objectionable under this Act.
``(b) Rule of Construction.--
``(1) Payment.--Nothing contained in this Act shall be
construed to authorize the making of any payment under this Act
for religious worship, instruction, or the construction of any
religious memorial.
``(2) Memorial service.--This Act shall not be construed to
bar--
``(A) the saying of a prayer;
``(B) the reading of a scripture;
``(C) the performance of religious music; or
``(D) the design or construction of any memorial
which includes religious symbols, motifs, or sayings;
as part of a memorial service held or a memorial placed, as the
case may be, on the campus of a public elementary or secondary
school in order to honor the memory of any person slain on that
campus.
``SEC. 14512. ATTORNEYS FEES.
``Notwithstanding any other provision of Federal law, a local
educational agency or public elementary or secondary school may use not
more than 20 percent of its administrative funds from any program under
this Act for payment of attorneys fees and related legal services in
the defense of any legal action, brought against a local educational
agency, public elementary or secondary school, or agent of any of such
entities, claiming such agency, school, or agent violated the
constitutional prohibition against the establishment of religion by
permitting, facilitating, or accommodating--
``(1) a student's religious expression; or
``(2) the design or construction of any memorial which
includes religious symbols, motifs, or saying as part of a
memorial placed on the campus of a public elementary or
secondary school in order to honor the memory of a person slain
on that campus.
``SEC. 14513. GENERAL PROHIBITIONS.
``(a) Prohibition.--None of the funds authorized under this Act shall
be used--
``(1) to develop or distribute materials, or operate programs
or courses of instruction directed at youth that are designed
to promote or encourage, sexual activity, whether homosexual or
heterosexual;
``(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(3) to provide sex education or HIV prevention education in
schools unless such instruction is age appropriate and
emphasizes the health benefits of abstinence; or
``(4) to operate a program of contraceptive distribution in
schools.
``(b) Local Control.--Nothing in this section shall be construed to--
``(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a State,
local educational agency, or schools' instructional content,
curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act (20 U.S.C.A. 1221 et seq.);
``(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution
of scientifically or medically true or accurate materials; or
``(4) create any legally enforceable right.
``SEC. 14514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
``Nothing in this Act shall be construed to authorize an officer or
employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or mandate a
State or any subdivision thereof to spend any funds or incur any costs
not paid for under this Act.
``SEC. 14515. RULEMAKING.
``The Secretary shall issue regulations under this Act only to the
extent that such regulations are necessary to ensure that there is
compliance with the specific requirements and assurances required by
this Act.
``SEC. 14516. REPORT.
``The Secretary shall report to the Congress not later than 180 days
after the date of enactment of the Education OPTIONS Act regarding how
the Secretary shall ensure that audits conducted by Department
employees of activities assisted under this Act comply with changes to
this Act made by the Education OPTIONS Act, particularly with respect
to permitting children with similar educational needs to be served in
the same educational settings, where appropriate.
``SEC. 14517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.
``(a) In General.--Notwithstanding any other provision of Federal
law, no State shall be required to have content standards or student
performance standards approved or certified by the Federal Government,
in order to receive assistance under this Act.
``(b) Construction.--Nothing in this section shall be construed to
affect requirements under title I of this Act.
``SEC. 14518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.
``Notwithstanding any other prohibition of Federal law, no funds
provided to the Department of Education or to any applicable program
may be used by the Department to endorse, approve, or sanction any
curriculum designed to be used in an elementary or secondary school.
``SEC. 14519. PRIVACY FOR STUDENTS.
``(a) In General.--No State educational agency or local educational
agency that receives funds under this Act may enter into an agreement,
or allow a school under its supervision to enter into an agreement,
with any person or entity that allows such person or entity to monitor,
gather, or obtain information used to advertise, sell, or develop a
product from any student under 18 years of age unless such agreement
requires the written permission of the parent of such student prior to
monitoring, gathering, or obtaining such information.
``(b) Nature of Information Collected.--Before a school, local
educational agency, or State educational agency, as the case may be,
enters into an agreement to allow a person or entity to monitor,
gather, or obtain information used to advertise, sell, or develop a
product from any student under 18 years, the school, agency, or State
shall ascertain the nature of the information to be collected, how the
information will be used, if the information will be sold, distributed,
or transferred to any person or entity, and the amount of class time,
if any, that will be consumed by such activity.
``(c) Consent Form.--The written permission required by subsection
(a) shall clearly disclose to the parent the nature of the agreement
between a school, local educational agency, or State educational
agency, as the case may be, and the person or entity, including--
``(1) the dollar amount of any consideration paid under the
agreement;
``(2) the nature of the information to be gathered;
``(3) how the information will be used;
``(4) whether the information will be sold, distributed, or
transferred to any other entity; and
``(5) the amount of class time, if any, that will be consumed
by such activity.
``(d) Exceptions.--This section shall not apply to--
``(1) the recruitment activities of any institution of higher
education, as such term is defined in section 102 of the Higher
Education Act of 1965;
``(2) the development and administration of tests and
assessments used by elementary and secondary schools to provide
cognitive, evaluative, diagnostic, aptitude, or achievement
information about students (or for normalizing data), and the
subsequent analysis and public release of aggregate data, if--
``(A) the information is not used to sell, advertise,
or develop another product; and
``(B) the tests are conducted in accordance with
applicable Federal, State, and local policies;
``(3) the development and administration of educational
curriculum and instructional materials used by elementary and
secondary schools to teach core academic subjects, if--
``(A) the information is not used to sell, advertise,
or develop another product; and
``(B) the curriculum and instructional materials are
used in accordance with applicable Federal, State, and
local policies; or
``(4) contact information collected from a student that is
used only to respond directly to a specific request from the
student for a transaction, if the information--
``(A) is not used for any purpose other than as
required in order to effect the transaction with the
student; and
``(B) is not used to recontact the student in order
to advertise, sell, or develop any other product or
service to the student.
``SEC. 14520. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE
INFORMATION.
``Nothing in this Act shall be construed to permit the development of
a national database of personally identifiable information on
individuals involved in studies or in data collection efforts under
this Act.
``PART F--SENSE OF CONGRESS
``SEC. 14614. REDUCING THE READING DEFICIT.
``(a) Findings.--The ability to read the English language is the
cornerstone of academic success. The 1998 National Assessment of
Educational Progress (NAEP) found that 69 percent of 4th grade students
are reading below the proficient level. The National Institute of Child
Health and Human Development (NICHD) has conducted extensive scientific
research on reading instruction for more than 34 years at a cost of
more than two hundred million dollars. Federal research in reading
instruction has concluded that phonemic awareness, direct systematic
instruction in sound-spelling correspondences, blending of sound-
spellings into words, reading comprehension, and regular exposure to
interesting books are essential components of any balanced reading
program.
``(b) Sense of Congress.--It is the sense of Congress that--
``(1) federally funded education programs which are designed
to improve reading skills, should use instructional practices
that are grounded in scientifically based research as defined
in section 14101(27) of this Act;
``(2) reducing the reading deficit is one of the most
critical tasks before the nation; and
``(3) successful learning in all other areas such as science,
history, literature, business and vocational training or
computer science requires the ability to read fluently and with
comprehension.
``SEC. 14615. SCIENCE ASSESSMENT.
``It is the sense of Congress that State and local assessments in
science should measure a student's ability to--
``(1) understand scientific facts, results, and concepts;
``(2) design and conduct experiments;
``(3) make arguments based on evidence and data; and
``(4) communicate scientific information.
``SEC. 14616. AMERICA ACHIEVES ACADEMIC EXCELLENCE.
``It is the sense of Congress that--
``(1) the Constitution of the United States reserves to the
States and to the people the responsibility for the general
supervision of public education in kindergarten through the
twelfth grade;
``(2) State and local educational agencies are best suited to
increasing academic achievement levels for all students and
ensuring no student is left behind;
``(3) States and local educational agencies deserve and
require the maximum liberty to build upon existing innovative
approaches for education reform and continue their proven
record of increasing student success;
``(4) education reform is in the best interests of the
American people in order to secure a more prosperous and
perfect union;
``(5) the best education decisions are made by those who know
the students best and who are responsible for implementing the
decisions, and, therefore, educators and parents should retain
the right and responsibility to educate their pupils and
children free of regulation by the Federal Government; and
``(6) States should be commended for their efforts and
results and encouraged to sustain and improve upon them.''.
SEC. 602. REPEALS.
The following provisions are repealed:
(1) Goals.--Parts A and C of title II and title VI of Goals
2000: Educate America Act.
(2) ESEA.--Title XI of the Elementary and Secondary Education
Act of 1965.
SEC. 603. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
October 1, 2000, or the date of enactment of the Education OPTIONS Act,
whichever occurs later.
Purpose
The purpose of H.R. 4141, the Education Opportunities To
Protect and Invest In Our Nation's Students (Education OPTIONS)
Act, is to provide states and school districts with (1)
resources to provide safe learning environments for all
students; (2) flexibility in managing federal Elementary and
Secondary Education Act programs; (3) the option of
transferring education funds between formula programs to more
effectively serve students; (4) technologies to enhance
academic coursework and prepare for the challenges of the 21st
century; and (5) less bureaucracy and paperwork and more
dollars to the classroom.
Committee Action
In December 1998, organizations, associations and
governmental bodies were invited to submit to the Committee on
Education and the Workforce their legislative recommendations
for the authorization of the Elementary and Secondary Education
Act. The Committee received recommendations from more than 50
respondents. Some of these submitting recommendations to the
Committee were: American Association of School Administrators
(AASA); American Federation of Teachers (AFT); Council of the
Great City Schools; Council of Chief State School Officers;
Council for American Private Education; Family Research
Council; National Association of Bilingual Education (NABE);
National Association of Elementary School Principals; National
Conference of State Legislatures; National Indian Education
Association (NIEA); National PTA; National School Boards
Association; National Science Teachers Association (NSTA);
Sylvan Learning Systems, Inc.; National Association for College
Admission Counseling; National Association of Social Workers;
National Association of State Directors of Special Education,
Inc. (NASDE); National Center for Home Education; United States
Catholic Conference; Citizens for Educational Freedom; The
Center for Law and Education; Arizona University, College of
Education; California Association of Private School
Organizations; Delaware State Department of Education; Georgia
State Department of Education; Kansas State Department of
Education; Mississippi State Department of Education; New
Jersey State Department of Education; Oklahoma State Department
of Education; South Carolina State Department of Education;
Texas Education Agency; Washington State Superintendent of
Public Instruction; Wyoming State Department of Education; New
Jersey Catholic Conference; the Texas Catholic Conference;
American Library Association; Archdiocese of Los Angeles;
Archdiocese of Miami; The Child Care Consortium; Educational
Engineering; The Lutheran Church--Missouri Synod; National
Center on Economic Education; Charles J. O'Malley & Associates,
Inc.; Our Kids, Inc.; Pearson Education; The Riggs Institute;
Smith, Bucklin & Associates, Inc.; Spalding Education
Foundation; Voyager Expanded Learning; and Very Special Arts
(VSA).
Hearings
The Committee on Education and the Workforce, the
Subcommittee on Early Childhood, Youth and Families, and the
Subcommittee on Oversight and Investigations together have held
24 hearings both in and outside of Washington to review and
make determinations on revising the Elementary and Secondary
Education Act. The following is a list of all of the hearings.
Full committee hearings
1. February 11, 1999, ``The Administration's Education
Proposals and Priorities for FY 2000.''
2. July 1, 1999, ``Business Community Views on Reform of
the Elementary and Secondary Education Act.''
Subcommittee on Early Childhood, Youth and Families
1. March 9, 1999, ``School Discipline: What's Happening in
the Classroom.''
2. March 11, 1999, ``School Violence: Protecting our
Children.''
3. May 11, 1999, ``Education Technology under the
Elementary and Secondary Education Act.''
4. May 18, 1999, ``School Violence: Views of Students and
the Community.''
5. May 25, 1999, ``Education Reform: Putting the Needs of
our Children First.''
6. August 3, 1999, ``Drug Abuse Prevention: Protecting Our
Children.''
7. February 9, 2000, ``Title VI: Providing Flexibility for
Innovative Education.''
8. February 10, 2000, ``Examining the 21st Century
Community Learning Centers Program.''
9. March 1, 2000, ``Building a Nation: The Role of
Character Education in America's Schools.''
10. March 8, 2000, ``Role of Technology in America's
Schools.''
Field hearings
1. April 12, 1999, ``Education Technology and the
Elementary and Secondary Education Act'', Newark, Delaware.
2. June 21, 1999, ``Preventing Youth Violence and Crime:
The Role of Families, School and Government,'' in Portage,
Michigan.
3. July 6, 1999, ``A Brighter Tomorrow for our Schools:
Parents, Businesses and Communities Working Together,''
Anaheim, California.
4. August 13, 1999, ``School Safety, Discipline, and
IDEA,'' in Waynesboro, Georgia.
5. August 30, 1999, ``Technology in Schools: Preparing for
the 21st Century,'' in Petaluma, California.
6. September 1, 1999, ``Effective School Safety and Drug
Prevention Efforts in Our Schools and Communities,'' in New
Haven, Indiana.
7. September 2, 1999, ``Federal Programs that Support Local
Approaches to Improve Academic Achievement, Produce High
Quality Teachers, and Ensure School Safety,'' in Roswell,
Georgia.
8. September 8, 1999, ``Challenges and Innovations in
Elementary and Secondary Education,'' Raleigh, North Carolina.
Subcommittee on Oversight and Investigations Hearings
1. September 8, 1999, ``Improving Student Achievement and
Reforming the Federal Role in Education.''
2. March 3, 2000, ``Charter Schools: Successes and
Challenges.''
Field hearings
1. January 25, 2000, ``The Impact of Federal Policies on
State and Local Efforts to Reform Education,'' in Lakewood,
Colorado.
2. March 27, 2000, ``Putting Performance First: Academic
Accountability and School Choice,'' in Temple Terrace, Florida.
Legislative Action
On March 30, 2000, Representative Bill Goodling (R-PA)
introduced H.R. 4141, the Education Opportunities to Protect
and Invest in Our Nation's Students (OPTIONS) Act. H.R. 4141
authorizes the remaining titles of the Elementary and Secondary
Education Act (ESEA) that have not already been authorized in
the Student Results Act (H.R. 2), the Teacher Empowerment Act
(H.R. 1995), the Literacy Involves Families Together Act (H.R.
3222), the Impact Aid Reauthorization Act of 2000 (H.R. 3616)
and the Straight A's Act (H.R. 2300). ESEA programs authorized
in the Education OPTIONS Act are: Safe and Drug-Free Schools;
Technology For Education; Innovative Education Program
Strategies; Programs of National Significance (Fund for the
Improvement of Education, Arts in Education, Public Charter
Schools, Civic Education); and General Provisions. The bill
also provides states and local school districts the opportunity
for more flexibility.
On the basis of the hearings, bills referred to the
Committee and the Subcommittee, the recommendations of the
administration, and the recommendations of the education
community and the family groups, an amendment in the nature of
a substitute was prepared. The Committee on Education and the
Workforce considered this substitute to H.R. 4141, the
Education OPTIONS Act in legislative session on April 5, 6, 11,
12, and 13, 2000 during which 71 amendments were considered on
which 47 roll call votes were taken. The Committee on Education
and the Workforce with a majority of the Committee present
favorably reported H.R. 4141 as amended, to the House of
Representatives by a vote of 25 to 21 on April 13, 2000.
Below is a description of the adopted amendments to H.R.
4141.
Mr. Goodling (R-PA) amendment in the Nature of a
Substitute.
Mr. Hoekstra (R-MI) offered an amendment to
increase the amount of funds that local school districts may
transfer between ESEA programs from 30 percent to 35 percent.
Mr. Norwood (R-GA) offered an amendment that would
authorize school personnel to discipline a student with a
disability who has a weapon at school in the same manner as
they would discipline a non-disabled student who has a weapon
at school, including suspension or expulsion. The amendment
would allow school personnel to cease educational services, if
that is the policy for non-disabled students.
Mrs. McCarthy (D-NY) offered an amendment which
was amended with a second degree amendment by Mr. Goodling to
allow each LEA the option of using such funds to study the
effectiveness of promoting the benefits of child safety locks
for firearms.
Mr. Talent (R-MO) offered an amendment similar to
Mr. Norwood's amendment, but addresses illegal drugs and
aggravated assault or battery as sufficient reason to
discipline as described above.
Mrs. McCarthy (D-NY) offered an amendment to
require the National Center for Education Statistics to collect
data regarding drug use by youth and the frequency, degree of
harm, and morbidity of violent incidents, particularly firearm-
related injuries by youth in schools and communities.
Mr. Castle (R-DE) offered an en bloc amendment to
allow Title IV, VI and Title X of ESEA funds to be used for
alternative educational services at the state and local level
and requires 30 percent of the funds set aside for the LEA
based on need to be spent on alternative educational programs.
Mrs. McCarthy (D-NY) offered an amendment to allow
LEAs to develop a plan with local law enforcement agencies to
protect students and employees of public schools against gun
violence, including promoting the benefits of child safety
locks for firearms.
Mr. Souder (R-IN) offered an amendment to add
``parents or legal guardians of such students'' to the
religious nondiscrimination language in Title II.
Mrs. Roukema (R-NJ) offered an amendment to
require states to give special consideration to LEA's that
provide or incorporate mental health services as part of their
drug and violence prevention program when the state distributes
the 30 percent need-based funds.
Mr. Schaffer (R-CO) offered an amendment to
clarify the participation of for-profit entities in programs
under Title II. The amendment would add an element to the local
educational agency application--``provide evidence that a
meaningful assessment of community needs has been completed,
including assessing available resources in the private sector
and capacity in the private sector.''
Mr. Souder (R-IN) offered an amendment to permit
Title II funds to be used for ``establishing or enhancing
programs or initiatives that improve academic achievement.''
Mr. Tierney (D-MA) offered an amendment to allow
an LEA that utilizes its authority to treat as local funds up
to 20 percent of additional funding under IDEA Part B to
provide additional funding for programs that address school
safety, teacher quality and professional development, before
and after school learning opportunities, educational reform and
literacy, or related education programs.
Mr. Miller (D-CA) offered an amendment to prohibit
ESEA funds from being used to allow third parties to monitor,
receive, gather, or obtain information intended for commercial
purposes from students under the age of 18 without prior
parental consent.
Mr. Hilleary (R-TN) offered an amendment to
prohibit the development of a national database of personally
identifiable information on individuals in studies or in data
collection efforts under the act.
Mr. Andrews (D-NJ) offered an amendment to require
each SEA and LEA that receives Title II funding to have a
policy in place that prohibits cigarette vending machines and
the illegal possession or use of drugs and alcohol in school
buildings, grounds or at any school-sponsored event.
Mr. Schaffer (R-CO) offered an amendment to
require LEAs to withdraw a student from any program or activity
funded under Title II upon receipt of written notification from
the parents or legal guardians.
Mr. Scott (D-VA) offered an en bloc amendment to
clarify that for the purposes of federal, state or local law,
receipt of financial assistance under Title II constitutes
receipt of federal financial assistance or aid and to clarify
that an eligible entity should not subject participants of any
program under Title II to sectarian worship, instruction or
proselytization.
Mr. Fletcher (R-KY) (on behalf of Mrs. Roukema (R-
NJ)) offered an amendment to allow the Secretary of Education
to issue three-year competitive grants under the
Telecommunications Program to local public television stations
to develop, produce, and distribute K-12, high quality, digital
content for use by local schools.
Mr. Hinojosa (D-TX) offered an amendment to permit
local grants under Title III to be used to provide laptop
computers and related assistance for students in the third
through twelfth grades.
Mr. Andrews (D-NJ) offered an amendment to add a
new allowable use of funds under Title V, Part A, Fund for the
Improvement of Education (FIE) to provide for the education of
recent immigrants to the United States.
Mr. Roemer (D-IN)/Barrett (R-NE) offered an
amendment to restore the Allen J. Ellender Fellowship (Close-
Up) program as Title V, Part E.
Mrs. McCarthy (D-NY) offered an amendment to add a
new allowable use of funds under Title V, Part A, Fund for the
Improvement of Education (FIE) to hire and support school
nurses.
Mr. Schaffer (R-CO) offered an amendment to
require every program funded under the act to have been proven
effective based on ``rigorous evaluations using randomized
experiments.''
Mr. Schaffer (R-CO) offered an amendment to repeal
the National Education Goals and provide a Sense of Congress
regarding ``America Achieves Academic Excellence'' to promote
state-based education priorities.
Summary
TITLE I--TRANSFERABILITY
Title I of H.R. 4141 authorizes states and local
educational agencies to transfer their non-Title I formula
grant allocations to other federal formula grant programs.
Specifically, it allows states to transfer up to 100 percent of
their state activity allocations between programs. Local
educational agencies may transfer up to 35 percent of a
program's allocation to other programs. It may transfer more
than 35 percent with state approval. Title I allocations cannot
be transferred, but non-Title I funds may be transferred into
Title I.
TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION
Title II of H.R. 4141 extends and combines the Safe and
Drug-Free Schools and Communities Act, Title IV of the
Elementary and Secondary Education Act (ESEA) and the 21st
Century Community Learning Centers Program, Title X, Part I of
ESEA; and extends the Gun Free Schools Act, Title XIV, Part F
of ESEA.
Title II, Part A provides funds through a formula to the
states based 50 percent on school age population and 50 percent
on Title I. The state must distribute the funds in the
following way: 10 percent to governors; 90 percent to the state
educational agency (SEA), with 96 percent of the SEA funds sent
to local educational agencies (LEAs), of which 70 percent goes
to LEAs based on school age population and 30 percent goes to
those LEAs with the ``greatest need.'' The bill maintains the
requirement that governors use a portion (at least 10 percent,
but not greater than 20 percent) of their funds for law
enforcement education partnerships such as Project Drug Abuse
Resistance Education (DARE). The bill combines the authorized
activities of the Safe and Drug-Free Schools and Communities
Act and the 21st Century Community Learning Centers Program,
and gives them a greater focus upon youth drug and violence
prevention activities, including before and after school
programs, and continuing education activities. H.R. 4141 also
implements a greater focus upon quality by including
``principles of effectiveness,'' requiring that any program or
activity funded under the act must: be based upon an assessment
of objective data about the local drug and violence problem and
current drug and violence prevention activities, including
activities to increase student academic achievement; be based
upon performance measures established by the LEA; be based upon
``scientifically based research'' that provides evidence that
the program or activity will prevent or reduce drug abuse and
violence (there is a waiver for innovative programs with a
likelihood of success); and be periodically evaluated with the
results used to improve the program or activity.
Title II, Part B extends and modifies national activities
to prevent the illegal use of drugs and violence among, and
promote safety and discipline for, students based on the needs
reported by states and LEAs. Additionally, it establishes a
national clearinghouse to provide technical assistance
regarding establishment and operation of after school programs
and models of after school programs to improve the quality and
availability of such programs.
Title II, Part C extends and modifies the Gun Free Schools
Act which bases a state's receipt of federal ESEA funds on
whether the state has a law requiring LEAs to expel for a year
a student who brings a gun to school. While retaining this act,
the bill eliminates the section that requires the secretary to
disseminate policy guiding the implementation of the act and
its connection to IDEA. Additionally, it allows a school to
discipline a student with a disability who brings a weapon to
school, possesses illegal drugs, or commits aggravated assault
at school in the same manner a student without a disability
would be disciplined, and allows local authorities to treat
each incident on a case-by-case basis.
TITLE III--TECH FOR SUCCESS
Title III, Part A, authorizes $731,305,000 for FY 2000 for
grants to be provided to the states for implementing innovative
technology initiatives that enhance academic achievement. It
amends current law by consolidating eight current programs
under Title III of the Elementary and Secondary Education Act,
including the Challenge Fund, Challenge Grants, Star Schools,
Software Development Program, Preparing Tomorrow's Teachers,
Community Technology Centers, the Secretary Leadership Fund,
and the Middle Schools Teacher Training program. Title III
allows the secretary to continue distribution of funds already
granted out until the end of the grant cycle. The secretary may
use a portion of the funds withheld at the federal level for
national technology initiatives such as funding programs that
encourage the use of technology in the classroom, providing
technical assistance to state and local educational agencies,
etc. Funds distributed to the states under Title III permit a
myriad of activities all focused on enhancing education through
technology. States may fund programs that assist LEAs in
creating technology plans, acquiring technology (especially
high need areas), successfully integrating technology into
daily teaching strategies through professional development, in
teaching all students how to utilize technology regardless of
ability and language barriers, and creating performance
standards to evaluate their technology programs. At the local
level, funds may be used to assist teachers, through
professional development, to use and integrate technology in
the classroom, develop technology enhanced curricula, create
communications networks between teachers, school-wide and
worldwide, acquire technology for use in the classroom,
acquiring filtering or blocking software designed to protect
students from inappropriate information such as obscenity,
child pornography or other information that may be harmful to
minors.
Title III, Part B, authorizes the Ready to Learn Television
program. It permits the secretary to enter into contract with
or make grants for the express purpose of producing educational
video and television programming and support materials for
national distribution to increase academic achievement for
preschool and elementary school children and their parents.
Title III, Part C, expands upon the allowable activities
under the Telecommunications Demonstration Project for
Mathematics by renaming it the Telecommunications Program. The
secretary is allowed but not required to award grants for the
purpose of carrying out a national telecommunications-based
program to improve the teaching of core academic subjects and/
or the purpose of developing, producing and distributing
digital, educational and instructional video programming which
is designed for use by elementary and secondary school
students.
TITLE IV--INNOVATIVE EDUCATION PROGRAMS
Title IV of H.R. 4141 amends Title VI of the Elementary and
Secondary Education Act. Title IV deletes all references to the
National Education Goals and the Goals 2000: Educate America
Act. Title IV includes language to add additional ``uses of
funds'' to current law so local educational agencies can
broaden the scope of the program. These new uses include:
professional development activities and the hiring of teachers,
including activities consistent with the Teacher Empowerment
Act; education reform projects that provide single gender
schools and classrooms, as long as comparable educational
opportunities are offered for students of both sexes; community
service programs that train and mobilize young people to
measurably strengthen their communities through nonviolence,
responsibility, compassion, respect, and moral courage;
curriculum-based youth entrepreneurship education programs;
activities to promote consumer, economic, and personal finance
education; public school choice activities; and expanding and
improving school-based mental health services. Under current
law, up to 15 percent of Title VI funds are retained--and
controlled--at the state level. Title IV of H.R. 4141 includes
language to send 100 percent of any new funding for this
program over the FY 2000 appropriation to the local level. This
change to current law will result in more funds being sent to
the school district and classroom levels. In addition, H.R.
4141 limits state administrative costs to four percent.
TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE
Part A--Fund for the improvement of education
Title V, Part A of H.R. 4141 amends Part A of Title X of
the Elementary and Secondary Education Act. The bill explicitly
prohibits the development and implementation of a national test
without specific authorization; explicitly prohibits federal
endorsement, approval, or sanction of any curriculum designed
for use in elementary or secondary schools; and deletes all
references to the National Education Goals and the Goals 2000:
Educate America Act. Part A of Title V of H.R. 4141
consolidates and streamlines the applications process for all
applicants under the Fund for the Improvement of Education;
authorizes performance rewards for states that make significant
progress in eliminating achievement gaps; streamlines the
counseling program requirements to allow local educational
agencies greater flexibility in creating and implementing
programs and improves the ability of local educational agencies
to implement demonstration projects; streamlines the Character
Education Program to allow local educational agencies greater
flexibility in creating and implementing programs; streamlines
the Smaller Learning Communities Program to encourage the
development and implementation of activities in high schools
where students receive more individualized attention and
support; authorizes an independent study for effective
professional development activities for mathematics and science
teachers; and repeals the Promoting Scholar Athlete
Competitions; National Student and Parent Mock Election; and
the Model Projects programs from the Fund for the Improvement
of Education.
Part B--Arts education
Title V, Part B, of H.R. 4141 amends the Arts in Education
programs found in Title X, Part D, of the Elementary and
Secondary Education Act. In updating and improving these
programs, the Committee has focused on increasing the
involvement of local arts educators and state and local arts
organizations, and on simplifying the program by targeting
resources to the programs that are providing results.
Specifically, the bill continues the Arts Education program
under Subpart 1 at its current funding level; updates
congressional findings and eliminates outdated references;
eliminates a restrictive consultation provision that has
prevented the participation of local organizations; shifts the
focus of collaborative efforts to arts educators and state and
local arts agencies; requires the secretary to consult with
arts educators and organizations representing the arts when
awarding grants; continues participation in the program by the
Kennedy Center and VSA arts (formerly Very Special Arts); and
requires that federal arts education funds be used only to
supplement and not supplant nonfederal arts activities. The
bill further simplifies and focuses the program by eliminating
the unfunded Cultural Partnerships for At-Risk Children and
Youth program as well as an outdated appropriations threshold.
Part C--Public charter schools
Title V, Part C of H.R. 4141 amends Part C of Title X of
the Elementary and Secondary Education Act. The bill clarifies
that the definition of a charter school is, among other things,
a public school that admits students on the basis of a lottery
or in another non-discriminatory manner consistent with state
law, if more students apply for admission than can be
accommodated. It also authorizes $145 million for the program
in FY 2000 and such sums as may be necessary for FY 2001
through FY 2005.
Part D--Civic education
Title V, Part D of H.R. 4141 amends Part F of Title X of
the Elementary and Secondary Education Act. The bill authorizes
the Secretary of Education to make grants to or contracts with
the Center for Civic Education to carry out civic education
activities that include: courses of instruction on the basic
principles of our nation's constitutional democracy and the
history of the Constitution of the United States and the Bill
of Rights; simulated congressional hearings following the
course of study; advanced training of teachers about the
Constitution of the United States and the political system the
United States created; and civic education materials and
services to address specific problems such as the prevention of
school violence and the abuse of drugs and alcohol.
Part E--Ellender Fellowship Program (Close Up Foundation)
Title V, Part E of H.R. 4141 amends Part G of Title X of
the Elementary and Secondary Education Act. This program,
administered by the private, non-profit Close Up Foundation,
provides financial aid to enable low-income students, their
teachers, older Americans, recent immigrants, and children of
migrant parents to come to Washington, DC to study the
operations of the three branches of government. Activities
include attending seminars on government and current events,
and meeting with government leaders. H.R. 4141 authorizes $4.4
million for FY 2001 and such sums as may be necessary for the
next four succeeding fiscal years.
TITLE VI--GENERAL PROVISIONS
Title VI of H.R. 4141 includes general provisions which
affect all Elementary and Secondary Education Act (ESEA)
programs. The bill adds definitions for ``family literacy
services'' and ``scientifically based research;'' provides
flexibility to combine administrative funds of all ESEA
programs; permits up to 20 percent of a school district's
administrative funds to be used for legal expenses in defending
certain lawsuits; allows states and school districts to submit
single consolidated plans for all ESEA programs; continues
authority of the secretary to waive burdensome regulations;
continues authority of private school students and staff to
receive services under ESEA programs; continues the prohibition
upon the federal government from controlling, mandating or
directing curriculum; prohibits funds from being used to
operate a program of contraceptive distribution at schools;
prohibits funding of sex education in schools unless such
programs are age appropriate and emphasize abstinence; ensures
that voluntary prayer is protected; protects against federal
control over home schools; includes findings regarding
religious memorials and memorial services on campus; includes a
sense of Congress on reducing the reading deficit; includes a
sense of Congress on science assessments; and repeals the
National Education Goals Panel, the National Education Goals,
the International Education program, and the Coordinated
Services program.
Committee Statement and Views
TITLE I--STATE AND LOCAL TRANSFERABILITY ACT
More flexibility for States and local educational agencies
The Committee has undertaken a number of recent actions to
provide state and local educational agencies with flexibility
tools in order to enable them to tailor federal programs to
meet the needs of their students.
Last year the House passed H.R. 800, the Education
Flexibility Partnership Act, which was signed into law on April
29, 1999. This bill removed the 12 state limit on participants
in this program, and strengthened accountability. However, Ed-
Flex was only a first step toward granting states the full
range of flexibility options they need. Ed-Flex is designed to
make federal programs work better at the local level in their
current categorical structure by removing specific program
requirements that are barriers to reform. For some states, Ed-
Flex is sufficient. Others, however, are ready for additional
flexibility and accountability.
Ed-Flex does not allow states to consolidate funds from
different federal programs to use on their unique goals and
priorities. For example, the priority of Arkansas Governor Mike
Huckabee (R) in fiscal year FY 2000 is to equalize school
funding. Governor Gray Davis (D) of California is investing in
reading, teacher quality, and school accountability
initiatives. Florida Governor Jeb Bush (R) recently enacted a
school reform package that offers, among other things,
scholarships to students in Florida's worst performing schools
to attend a school of their parents' choice.
On October 21, 1999 the House passed H.R. 2300, the
Academic Achievement for All Act (Straight A's). The purpose of
Straight A's is to focus federal resources for education on
increasing student performance and narrowing achievement gaps.
Straight A's is similar to the concept of charter schools:
grant freedom from regulations and requirements in exchange for
accountability for producing results. It grants significantly
more flexibility than Ed-Flex to address the flexibility needs
of states that want to do more with their federal dollars.
Straight A's gives up to ten states and local school
districts the option of establishing a five-year performance
agreement with the Secretary of Education. If states do not
choose this option, they would continue to receive funds under
the current categorical program requirements. Local school
districts also have the option of establishing a performance
agreement if their state does not participate. Under approved
agreements, states would be able to combine funds from a few,
or all, of the federal K-12 education programs they administer
at the state level and be freed from the requirements of those
individual programs. In exchange for this flexibility,
participating states would be held to strict accountability
requirements for improving student achievement. States that do
not substantially meet those goals would be required to revert
to the categorical, regulated program structure and could
potentially lose administrative funds. States may include any
K-12 state-administered, formula grant program in their
performance agreement.
The flexibility granted by the State and Local
Transferability Act under H.R. 4141 is designed to be an option
for states that do not choose to participate in Straight A's,
and for school districts in states that choose not to
participate, since it functions within the existing structure
of categorical funding streams. It provides flexibility in
using federal dollars without removing the requirements
attached to those dollars, unlike Straight A's. Transferability
gives states and districts freedom to shift federal dollars
from one program to another, while keeping the program
requirements intact. In addition to Ed-Flex, it is a powerful
tool for districts and states to use to tailor federal programs
to meet their needs.
Under current law, if a state educational agency approves,
the unneeded funds provision in Sec. 14206 of Title XIV of ESEA
allows school districts to shift a percentage of funding from
one ESEA program to another in any fiscal year. In order to be
granted permission to shift these funds, a school district must
demonstrate that the funds are not needed for their original
purposes. Up to five percent of these programs' funds may be
shifted to any of these programs:
Title I, Part C (Education of Migratory
Children)
Title II (Eisenhower Professional
Development Program)
Title III, Subpart 2 of Part A (Technology
Innovation Challenge Grants)
Title IV, Subpart 1 of Part A (Safe and
Drug-Free Schools, Grants to LEAs)
Title VI (Innovative Education Program
Strategies)
Five percent may also be transferred into, but not out of,
Title I, Part A (Grants to LEAs).
The unneeded funds provision is too limited to provide
useful flexibility to school districts or states. In September
1998, the GAO reported that the ``unneeded funds'' option is
``often unavailable and seldom used.'' In their survey of 50
state educational agencies, only half reported that they
allowed local school districts to take advantage of this
provision. Even when it was offered it was rarely used.
Districts took advantage of this option in only one third of
the states that allowed them to do so. One state (not named by
GAO) did make use of this provision, with more than ten percent
of its districts exercising the provision.\1\
---------------------------------------------------------------------------
\1\ U.S. General Accounting Office, Elementary and Secondary
Education: Flexibility Initiatives do not Address Districts' Key
Concerns About Federal Requirements, GAO/HEHS-98-232, September 1998,
p. 56.
---------------------------------------------------------------------------
The Committee has heard from school districts around the
country that they want meaningful flexibility in using their
federal dollars. The unneeded funds provision is insufficient
because it only allows a small percentage to be transferred,
which for all but the largest school districts means that a
very small amount of money is flexible. Limiting this option to
a small amount of funds provides little in the way of an
incentive to school districts to jump through the appropriate
bureaucratic hoops to shift the funds from one account to
another. Five percent is simply too little to make a
difference. In addition, states are not given the option of
shifting state activity dollars, even though they are free to
consolidate administrative funds from different programs.
Several groups representing people involved in education at
the local level are in support of this flexibility provision:
American Association of School Administrators, the Association
of Educational Service Agencies, the Council of the Great City
Schools, the National Association of Secondary School
Principals, the National School Boards Association, and the
Rural Education Association. Their support is extremely
significant, as they represent the people on the front lines
who have to administer these federal programs. The National
School Boards Association in a February 18, 2000 letter to
Chairman Goodling wrote, ``This increased flexibility will
greatly aid local school districts as they struggle to balance
many important education priorities with inadequate federal
funding.'' The American Association of School Administrators
sent a letter to the Chairman on February 23, 2000, stating
that transferability ``* * * should be available as a resource
to those districts with special needs * * * `Transferability'
above the 30 percent level would give LEAs with strong funding
needs in a particular area, the possibility of freeing up
significant resources while at the same time guaranteeing that
state and federal goals are being addressed.'' Clearly, it is
those closest to the schools that see the need and the value of
transferability.
The State and Local Transferability Act in H.R. 4141
provides meaningful flexibility to states and local school
districts by significantly increasing the percentage that they
may transfer from one program to another. SEAs may transfer up
to 100 percent of their state activity dollars into another
program. LEAs may transfer up to 35 percent from one program to
another without SEA permission. Title I remains protected.
State transferability
In H.R. 4141, states are permitted to transfer up to 100
percent of their state activities funds between formula grant
programs (i.e. formula grant to the state). These programs are:
Title II (Teacher Empowerment Act)
Title III (technology)
Title IV, Part A (Safe and Drug-Free state
grants)
Title VI (Innovative Education Program
Strategies)
Title VII Part C (Emergency Immigrant
Education)
Comprehensive School Reform
This provision provides states with flexibility that they
currently only have with their federal administrative dollars,
giving them the freedom to target resources and focus on state
priorities, such as accountability and testing, teacher
quality, or school safety.
It is the Committee's intent that only the non-
administrative portion of funds explicitly set-aside for use at
the state level by the statute could be transferred under this
authority, not funds that are required by the statute to be
allocated to local educational agencies. The Committee also
notes that funds under Title II dedicated for higher education
partnerships are not allowed to be transferred. States
transferring these funds must notify the U.S. Department of
Education and modify their consolidated plans to reflect the
transfer of funds.
Local transferability
School districts may transfer funds from one of the
following federal programs to another:
Title II (Teacher Empowerment Act--includes
Eisenhower and Class Size)
Title III (technology)
Title IV, Part A (Safe and Drug-Free state
grants)
Title VI (Innovative Education Program
Strategies)
Title VII Part C (Emergency Immigrant
Education)
Local educational agencies may transfer up to 30 percent
out of a program's fiscal year allocation, to another program
or programs, without requesting permission from the state. Mr.
Hoekstra (R-MI) offered an amendment to the Committee
Substitute that was adopted in Committee by voice vote to
increase the percentage that can be transferred without state
approval from 30 to 35 percent. All that they are required to
do is notify the state of their intent to transfer the funds
within 30 days of the transfer, and modify any plans or
applications where necessary within the same time frame. By
allowing school districts to transfer a portion of funds
without the permission of their state, the act provides them
with flexibility to tailor their federal dollars to their needs
while still meeting the specific program requirements of each
federal program.
A local educational agency can make more than one transfer
out of a single federal program with out requesting state
permission, as long as the total amount of the funds
transferred does not constitute more than 35 percent of the
total amount allocated to them for a fiscal year.
School districts are required to obtain state permission to
transfer more than 35 percent of a program's funds to other
programs because such a shift of funds is more likely to
constitute a significant change in policy and priorities at the
local level. Such transfers would allow school districts to
focus resources on federal programs that most effectively
address their most pressing needs. This threshold applies to
the total amount transferred out of one program regardless of
the amount of a single transfer.
Local applications to transfer these funds are considered
approved unless the state denies the request in writing within
60 days. The amendment to the Committee Substitute offered by
Mr. Hoekstra (R-MI) adopted by voice vote clarified that when
approving such a transfer the state should take into
consideration the degree to which such a transfer will
facilitate the use of federal dollars in the best interests of
children. In addition, the state should take into consideration
whether such a transfer allows an LEA to enact policies
benefiting children that would otherwise be impossible or very
difficult without such a transfer.
In order to transfer any funds out of Title II of ESEA, a
school district must provide assurances that it will continue
to spend at least the same amount it spent during the prior
year on professional development in math or science. The
Committee anticipates that sufficient additional funds will be
appropriated under this Title that will ensure that LEAs still
retain significant flexibility to transfer funds out of this
program. In addition, if an LEA transfers a portion of their
Title II allocation to other programs, it must continue to meet
the requirements of Title II.
It is the Committee's intent that, whenever a state or
local educational agency intends to transfer funds pursuant to
section 14206 to or from a program that has a provision
requiring consultation with appropriate private school
officials, the provision requiring such consultation shall
apply to the transfer of such funds.
As provided in the unneeded funds provision in current law,
state and local school districts may transfer funds from the
above programs into any part of Title I, but no funds can be
transferred out of Title I into another program. States and
school districts would be free to allocate transferred funds to
supplement any aspect of their Title I program activities. The
purpose of this provision is to protect funding for Title I
programs. However, by allowing transfers into Title I, it also
grants local educational agencies the flexibility to focus
their limited federal resources on meeting the needs of
disadvantaged students and meeting state and Title I
accountability requirements.
When funds are transferred to another program, they assume
the identity of the program to which they were transferred, and
are governed by the requirements of that program. However, LEAs
must continue to meet the requirements of all federal programs
with the remaining funds that are not transferred to another
program.
In order to illustrate the effect transferability could
have on the ability of a school district to target federal
dollars to programs most needed by students, the following
table of school districts outside of Los Angeles, California
and their federal allocations are offered as an example.
Eastside Union School District in California currently
receives the bulk of its non-Title I dollars from the class
size reduction program. However, $42,000 does not provide for
more than one teacher, which does little to accomplish
significant reductions in class size. Under this act, Eastside
Union could choose to, for example,
Transfer portions of the other programs to
Class Size to hire more teachers;
Apply to the state to transfer all of its
Class Size funds to Title I to hire more teachers or
add to resources targeted for disadvantaged students;
Focus on teacher quality and transfer Class
Size and other program funds to Title II; or
Transfer 35 percent from each program to
Title I, which for these districts would increase
funding by a percentage ranging from seven to 19.
Limited to transferring a maximum of five percent, all of
these districts located in the Los Angeles area could only
transfer less than $10,000, a very insignificant amount to
warrant going through the bureaucratic process of requesting
permission from the state. For several of the districts, in
reality five percent means that only about $1,000 is flexible.
HOW LOCAL SCHOOL DISTRICTS CAN USE TRANSFERABILITY AS COMPARED TO THE UNNEEDED FUNDS PROVISION IN CURRENT LAW
----------------------------------------------------------------------------------------------------------------
Total Allocations Title I Title II Title IV Class Size Title VI Total
----------------------------------------------------------------------------------------------------------------
Antelope Valley......................... $2,399,857 $82,712 $166,993 $175,299 $95,289 $520,293
Eastside Union.......................... 433,788 13,101 9,473 42,159 17,371 82,104
Newhall................................. 262,766 19,006 25,147 53,912 46,731 144,796
Westside................................ 523,407 24,170 26,073 67,342 29,613 147,198
William S. Hart......................... 300,129 38,926 59,374 102,908 62,181 263,389
AMOUNT THAT COULD BE TRANSFERRED WITH 35% LIMIT
Antelope Valley......................... .......... 28,949 58,448 61,355 33,351 182,103
Eastside Union.......................... .......... 4,585 3,316 14,756 6,080 28,736
Newhall................................. .......... 6,652 8,801 18,869 16,356 50,679
Westside................................ .......... 8,460 9,126 23,570 10,365 51,519
William S. Hart......................... .......... 13,624 20,781 36,018 21,763 92,186
AMOUNT THAT COULD BE TRANSFERRED WITH 5% LIMIT IN CURRENT LAW
Antelope Valley......................... .......... 4,136 8,350 8,765 4,764 26,015
Eastside Union.......................... .......... 655 474 2,108 869 4,105
Newhall................................. .......... 950 1,257 2,696 2,337 7,240
Westside................................ .......... 1,209 1,304 3,367 1,481 7,360
William S. Hart......................... .......... 1,946 2,969 5,145 3,109 13,169
----------------------------------------------------------------------------------------------------------------
Funds for Title I (Title I funds--Potential Increase @ 35%)
Antelope Valley: 2,399,857--8%.
Eastside Union: 433,788--7%.
Newhall: 262,766--19%.
Westside: 523,407--10%.
William S. Hart: 300,129--35%.
In conclusion, the State and Local Transferability Act will
serve as a useful tool at the state and local level to direct
federal program dollars to the federal program that best meets
the needs of students. As demonstrated by the above table, this
act is necessary because current law does not allow a
sufficient percentage of funds to be transferred for the
unneeded funds provisions to provide meaningful flexibility.
Federal programs simply cannot allocate funds to 15,000 school
districts in a manner that precisely provides for their needs.
Transferability can sharpen the ability of federal funds to
target pressing needs, and as effectively as possible. It also
grants local flexibility to address needs that often change
from one year to the next, since these transfers are not
permanent, and must be made on an annual basis. The enactment
of this provision will be another important step towards making
sure that the needs of children, not bureaucracy, are the
driving force behind federal education programs.
TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION
The Committee held several hearings during the 106th
Congress regarding the Safe and Drug-Free Schools and
Communities Act and the 21st Century Community Learning Centers
Act. These hearings examined the drug and violence prevention
needs of our nation's youth, both during school hours and out-
of-school hours. Predictably, the Committee found that drug and
violence prevention needs across the country varied, as did the
successes and shortcomings of drug and violence prevention
programs. In these hearings, it also became quite clear that
the Safe and Drug-Free Schools and Communities Act and the 21st
Century Community Learning Centers Act had very similar goals
and both were designed largely to address these drug and
violence prevention needs.
Current research shows that youth drug use and violence
remains a significant societal problem. Drug use among children
ages 12-17 doubled from the historic low year of 1992, when 5.3
percent of youth in that age group were current users, to 11.4
percent in 1997. Drug use by youth increases the likelihood
that a child will be delinquent, engage in high-risk sexual
activity, drop out of high school, and commit theft, violence,
and vandalism. Drug use among rural youth is higher than that
of youth in large urban centers, and many of these rural youth
abuse serious drugs, including methamphetamine and cocaine. The
National Center on Addiction and Substance Abuse at Columbia
University (CASA) issued in January, 2000 a report, entitled No
Place to Hide: Substance Abuse in Mid-Size Cities and Rural
America, that found that eighth graders living in rural areas
are 104 percent more likely to use amphetamines and 50 percent
more likely to use cocaine, than eighth graders in urban areas.
According to the CASA report, the health, social service, and
law enforcement agencies in rural communities are less equipped
to deal with youth drug use than their counterparts in urban
areas, which already have established drug prevention systems.
Regarding youth violence, schools may be one of the safest
places for youth to be, but students increasingly report facing
violence in schools (National Center on Education Statistics,
Indicators of School Crime and Safety, 1999). They also report
an increase in their perception that they are at risk of harm
while at school, perhaps partly due to the recent instances of
extreme violence in schools.
If students are using drugs, committing violent acts, or
are in fear of these behaviors, then they cannot focus their
attention on maximizing their academic performance and their
future opportunities. While the purpose of schools remains
academic, schools clearly must also respond to the safety needs
of students and communities. Drug and violence prevention
programs and activities are increasingly necessary.
This is not to imply that the Committee believes schools
have the sole responsibility for preventing youth drug use and
violence. In fact, studies point to the role of the family more
often than not in preventing youth drug use and violence. The
National Longitudinal Study of Adolescent Health (1997) found
that drug and violence prevention programs that incorporate
``protective factors'' tend to reduce drug use and violence.
Protective factors include a student feeling connected to
parents and family, practicing religion and prayer, having
parents present at key times of the day, having high
educational expectations, feeling part of the school, and
having high esteem. The good news is that this comprehensive
survey of adolescent youth found that the benefits of these
protective factors reached beyond drug and violence prevention
to preventing such behaviors as suicide and sexual activity
among youth.
Combining the Safe and Drug-Free Schools and Communities Act and the
21st Century Community Learning Centers Act
The Safe and Drug-Free Schools and Communities Act was
created as the nation recognized that it needed a concentrated
and united effort to prevent another generation from being lost
to drugs and violence. Congress created the act to assist local
schools in their efforts to ensure that every student attends a
drug-free and safe school, with the ultimate goal to help
students raise their academic performance and achievement.
Originally designed as a school-use facilities program for
individuals of all ages, the 21st Century Community Learning
Centers Act has evolved rapidly over three short years into an
after school program with goals similar to those of the Safe
and Drug-Free Schools Act--youth drug and violence prevention.
This transformation occurred in large measure due to the
Department of Education's administration of the program, which
involved placing an absolute priority on ``activities that
offer significant expanded learning opportunities for children
and youth in the community and that contribute to reduced drug
use and violence.'' Of all grant recipients in FY 1998 (most
recent data available), 76 percent of the grant recipients
addressed safety and substance abuse as part of their program.
However, the interconnectedness of youth drug and violence
prevention and after school activities is not new. In a hearing
before the Subcommittee on Early Childhood, Youth and Families
on February 10, 2000, Dr. Marianne Kugler, Program Officer of
the C.S. Mott Foundation, stated,
During the Depression, Mr. Mott noticed the many
youth who spent their time on street corners and in
vacant lots playing ball, smoking, and sometimes
getting into serious trouble. At a suggestion from the
then-Assistant Superintendent, Dr. Manley, Mr. Mott
gave his first small community school grants to
encourage schools to stay open after regular hours so
that these youth would have somewhere to go.
The Committee believes the interconnectedness between youth
drug and violence prevention and after school activities must
not be ignored. The Committee acknowledges the findings of
reports such as the Departments of Education and Justice's Safe
and Smart: Making After-School Hours Work for Kids (June,
1998), that notes: ``First and foremost, after-school programs
keep children of all ages safe and out of trouble. The after-
school hours are the time when juvenile crime hits its peak,
but through attentive adult supervision, quality after-school
programs can protect our children.''
The report also points out that ``school-age children and
teens who are unsupervised during hours after school are far
more likely to use alcohol, drugs, and tobacco, engage in
criminal and other high-risk behaviors, receive poor grades,
and drop out of school than those children who have the
opportunity to benefit from constructive activities supervised
by responsible adults.''
In general, through its decision to combine the Safe and
Drug-Free Schools and Communities Act and the 21st Century
Community Learning Centers Act, the Committee seeks to unify
the federal youth drug and violence prevention and education
efforts and to improve the quality of these federally supported
efforts.
Specifically, this decision seeks to ease the burden of
administering two separate, but similar programs that clearly
overlap each other in statute and practice. For instance, the
Safe and Drug-Free Schools and Communities Act lists after
school activities as an allowable use of local funds. Under the
21st Century Community Learning Centers program, the
administration continues to place a priority of funding grants
for after school drug and violence prevention. In short, why
should the federal government and local schools be forced to
administer two similar but separate programs when they can be
easily combined to further leverage taxpayer dollars?
Moreover, combining the two programs will ensure that
schools receive sufficient funds to develop and implement
quality after school programs. Right now, not all schools
receive 21st Century Community Learning Centers grants. In
December of 1999, the Department awarded 125 new grants
totaling nearly $67 million for which it had received more than
2000 applications. In FY 2000, $185 million is available for
new awards to selected local districts. By combining programs
and increasing the total funding level to $1.033 billion, all
schools will have additional funds to use for after school
needs.
Under H.R. 4141, schools will now receive sufficient funds
to develop and implement quality programs well suited to the
needs of their community. One complaint against the Safe and
Drug-Free Schools and Communities Act is that many schools do
not receive enough money to implement quality programs (about
$6 to $8 per student), let alone to implement quality drug
prevention, violence prevention, and after school programs. By
combining programs, local schools will receive a 177 percent
increase in funds. This is almost triple what they receive now.
Combining the two programs also prevents funding and
program quality problems that the 21st Century Community
Learning Centers program would face if it were to remain a
separate program. The 21st Century Community Learning Centers
program is currently funded at $453.4 million (a substantial
increase from its FY 1995 authorization of $20 million). A
program with this much money should distribute funds by a
formula to all local schools. With a funding level nearly
identical to the Safe and Drug-Free Schools Act, a formula
driven 21st Century Community Learning Centers program would
likely fall prey to the same insufficiency of funds and quality
of programs problems currently facing the Safe and Drug-Free
Schools and Communities Act.
Funding formula
Title II of H.R. 4141 generally follows the funding formula
of the Safe and Drug-Free Schools and Communities Act. Given
the recent funding levels of both programs, the Committee
believes that funds are better distributed through a formula,
rather than a grant process. The Safe and Drug-Free Schools and
Communities Act formula represents a good compromise that
recognizes the need of all schools and communities for drug and
violence prevention and the need of states and governors to
have some discretion to send additional funds to those schools
and communities with the greatest need for additional drug and
violence prevention assistance.
The bill provides separate authorizations for the states
and for the Secretary of Education. The states receive funds
through a formula based 50 percent on the school age population
of each state and 50 percent based on the amount each state
receives under Title I, Part A. Of the funds a state receives,
the bill provides that up to 10 percent may be reserved by the
governor to fund drug and violence prevention programs, and 90
percent shall be used for state and local drug and violence
prevention activities.
The bill requires the governor to spend between 10 and 20
percent of the funds he or she receives on grants to state,
county, or local law enforcement agencies for drug and violence
prevention programs. Governors may use up to three percent of
their funds for administrative expenses under the title. The
remaining funds must be used for competitive grants to, or
contracts with, local educational agencies, parent groups,
community based organizations, including religious
organizations, and other public entities and private
organizations, including private for-profit businesses, to
support comprehensive community-wide prevention efforts or
direct drug and violence prevention services for youth.
Of the funds a state retains, it may use up to two percent
for administrative expenses under the act and up to two percent
for state-level drug and violence prevention activities. State-
level drug and violence prevention activities include technical
assistance and program improvement services designed to support
the implementation at the local level of drug and violence
prevention activities. The remainder of the state retained
funds must be sent to local educational agencies.
The funds received by the local educational agencies may be
used for a variety of drug and violence prevention activities,
with up to two percent to be used for administrative expenses.
States distribute funds to local educational agencies through
two means: they must distribute 70 percent of the funds based
upon each local educational agency's student population, and 30
percent of the funds to those local educational agencies that
have the greatest need for additional funds for drug and
violence prevention programs. Under an amendment offered by
Mrs. Roukema (R-NJ) and accepted during Committee markup,
special consideration for receipt of need-based funding shall
be given to those local educational agencies that provide
mental health services to students. Under another amendment
offered by Mr. Castle (R-DE), and accepted during the markup,
30 percent of the need-based funds shall be used to fund local
educational agency alternative education programs. Alternative
education programs include in-school suspensions and
alternative schools, and focus on serving students suspended or
expelled from school. These two amendments complement each
other and ensure a comprehensive approach toward drug and
violence prevention.
Mr. Andrews (D-NJ) successfully included in H.R. 4141 an
amendment that requires states and local educational agencies
that receive funds under Title II to have a policy that
prohibits cigarette vending machines and the illegal possession
of or use of drugs or alcohol on school grounds or at any
school sponsored events. This amendment expands the current
Pro-Children Act of 1994, which prohibits smoking in schools.
Program quality and effectiveness
Recent funding levels for the Safe and Drug-Free Schools
and Communities Act have provided schools with an average of $6
to $8 per student. Since the last authorization, the Committee
has received reports of schools using Safe and Drug-Free
Schools and Communities funds for school assemblies starring
giant toothbrushes to promote healthy practices or of funds
being used to purchase pencils imprinted with the phrase
``Don't Do Drugs.'' Given the lack of adequate funds, it is not
difficult to understand why schools often implemented mediocre
programming with the Safe and Drug-Free Schools and Communities
Act funds.
The Safe and Drug-Free Schools and Communities Act programs
and activities have a history of questionable effectiveness. To
begin with, the act has suffered from a lack of program
evaluation. The General Accounting Office, reporting on the
lack of evaluation information in October of 1997, stated that
the ``lack of uniform information on [Safe and Drug-Free
Schools and Communities Act] program activities and
effectiveness may, however, create a problem for federal
oversight.'' (Safe and Drug-Free Schools: Balancing
Accountability with State and Local Flexibility. GAO/HEHS-98-3)
Other researchers have found that the act has been poorly
implemented. An evaluation of Safe and Drug-Free Schools and
Communities Act programs found that few schools implemented
programs proven effective through research, and that few had
even evaluated the effectiveness of the programs they were
using (E. Suyapa Silvia and Judy Thorne, ``School-based Drug
Prevention Programs: A Longitudinal Study in Selected School
Districts,'' Research Triangle Institute, Research Triangle
Park, NC, 1997). The reasons found for not implementing quality
programs include lack of sufficient funds, heavy marketing of
poor prevention activities, and lack of adequate teacher
training to properly implement programs.
While the news may not always be good, at least the Safe
and Drug-Free Schools and Communities Act has undergone an
evaluation. The 21st Century Community Learning Centers Act has
yet to complete an official evaluation. Still, a 121 percent
increase in funding has been requested by the Clinton
administration for the act. The Committee agrees that after
school programs can benefit students and communities; however,
it is the Committee's responsibility to ensure that federal
funds be spent on quality programs.
The Committee recognizes that both programs need to include
program quality requirements. Combining the Safe and Drug-Free
Schools and Communities Act and the 21st Century Community
Learning Centers Act will ensure sufficient funds for the
implementation of quality programs. Local schools will then
have the responsibility to implement programs and activities
that fit the needs of their students and their community and
that have an assurance of quality.
In addition, by combining the Safe and Drug-Free Schools
and Communities Act and the 21st Century Community Learning
Centers Act, the Committee requires that all programs and
activities be based upon scientifically based research. The
definition of scientifically based research requires that a
program satisfy several elements of quality research, including
that the program be tested though ``rigorous, systematic, and
objective procedures to obtain valid knowledge relevant to
youth drug and violence prevention activities and programs.''
The definition of scientifically based research and the
rigorous but attainable standard it sets are essential to
ensuring program quality under Title II, and will have the
greatest impact on improving the quality of these programs
implemented in the local schools and communities.
While some may be concerned that this definition sets a
standard that all but a few programs will fail, the evidence is
to the contrary. In just one project, ``Science-based Practices
in Substance Abuse Prevention: A Guide,'' developed by the
Center for Substance Abuse Prevention (CSAP) in the Substance
Abuse and Mental Health Services Administration, at least 75
programs of youth drug and violence prevention, including
before and after school activities, were found to meet the high
standards of ``scientifically based research.'' These are not
the only programs that fit this standard. In another project,
CSAP reviews program outcomes and evaluations in order to
determine whether the program is worthy of inclusion in the
National Registry of Effective Prevention Programs. The
Committee concludes that schools and communities should not
fear a lack of quality model programs.
The Committee also recognizes that innovation in youth drug
and violence prevention programs and activities must be
encouraged and supported. For this reason, the Committee
included a waiver to the scientifically based research
requirement. Local educational agencies and community-based
organizations may apply to the state for a waiver of the
scientifically based research requirement ``to allow for
innovative activities or programs that demonstrate substantial
likelihood of success.'' The Committee intends that waivers be
used to encourage the development of new approaches to youth
drug and violence prevention. While a state should provide
waivers to worthy programs, it should also require that
programs receiving waivers undergo scientifically based
research evaluation in order to judge the quality of the
program in future funding applications.
The Committee believes that consideration of factors
presented in studies such as the National Longitudinal Study of
Adolescent Health can greatly assist local schools in their
development of innovative approaches to youth drug and violence
prevention. That study, cited in the Journal of the American
Medical Association of September 10, 1997 (pp. 823-32),
provides information on the characteristics of students who
successfully avoid drugs and violence, and the characteristics
of those who do not. This scientifically based study is
nationwide and ongoing, ensuring an up-to-date, comprehensive
view of the health of our nation's youth. Schools can use
information such as this when they considered the needs of
their own students and how to design the best prevention
program for their students.
Principles of effectiveness
The Committee included in H.R. 4141 the principles of
effectiveness to guide the implementation of programs under
Title II. These principles are similar to those being
implemented through guidance for the Safe and Drug-Free Schools
and Communities Act since 1998 and contained in the Department
of Education's ESEA reauthorization proposal. The principles of
effectiveness establish a basic set of considerations for a
school or community to make when determining their drug and
violence prevention needs. First, the school or community must
undergo or access an assessment of the drug and violence
problems among youth, the current prevention strategies
targeting youth, and the academic achievement of the youth.
Second, the principles call for any program or activity to be
based on performance measures for a drug-free and safe learning
environment. Third, each program or activity must be based on
scientifically based research that provides evidence that the
program will have a drug and violence prevention outcome.
Finally, the program or activity must undergo a periodic
evaluation of effectiveness.
The principles of effectiveness promote best practices in
drug and violence prevention programs and activities. Codifying
these principles is essential to encouraging improvements in
the program quality. In its request for public comment on July
16, 1997, the Department of Education gave a very succinct
rationale for why the principles should be adopted. It wrote,
``The administration also has a responsibility to promote the
most effective possible use of these limited resources, which
in many instances are the only funds available to local schools
to address their youth drug and violence problems.''
Governors drug and violence prevention activities and programs
The Committee has rewritten the list of allowable uses of
funds at all levels. These lists illustrate the type of
programs and activities that the Committee believes are the
best uses of funds. At the governors' level, the Committee has
made two major changes. First, in the required uses of
governor's funds, the Committee has eliminated any reference to
particular law enforcement partnership programs. The naming of
particular programs was never intended to limit the choices of
local schools and communities when designing drug and violence
prevention programs. By removing the named entities, the
Committee intends that schools and communities be creative and
innovative in their law enforcement partnership programs.
However, the change does not prevent local schools from funding
the programs they currently implement with these funds. In
addition, current law requires that these programs be funded
with not less than 10 percent of the governors' funds. The
Committee has retained the 10 percent floor on funding, but has
provided a cap of 20 percent of the governors' funds for these
law enforcement partnership activities. Given the significant
concerns regarding the effectiveness of some activities funded
through this provision, the Committee found it appropriate to
limit funding of these programs.
The second major change made at the governors' level is
that allowable uses of funds are no longer listed in detail.
Rather, the Committee chose to provide a brief list of the type
of activities the governors should support with Title II funds.
The Committee directs that governors fund community wide
prevention efforts or direct service activities. Funds left at
the state level for grand scale programs that do not reach the
students have no accountability. Under the present system,
often funds are spent on annual conferences and small and
seldom utilized state facilities with a fancy title on the door
and a state appointed bureaucrat. These uses are not as
effective as those that are funded at the local level and
implemented in the local classroom. Services at the local level
will be accountable for drug and violence prevention as
measured by the public reporting of whether performance
indicators have been met.
The Committee has added a new element to the governors'
activities by requiring that governors reward drug and violence
prevention programs of exceptional quality. Rewarding programs
that successfully prevent drug use and violence is another
example of the push for quality that the Committee intends for
Title II.
During Committee consideration, an amendment offered by Mr.
Schaffer (R-CO) to clarify that private, for-profit
organizations can compete for funds under the governors'
program was accepted. H.R. 4141 allows private, for-profit
organizations to compete for grants and grants under the
governors' program. Mr. Schaffer's amendment clarifies this,
especially by providing and completing references in the
findings and purpose sections of Title II. The Committee
believes it is appropriate to allow private, for-profit
organizations, especially private childcare providers, to
compete for these funds because these providers may be the best
qualified entities. There is no reason to exclude those who are
best able to serve children.
State drug and violence prevention programs
Again, the Committee has simplified the list of allowable
activities at the state level. Similar to the current Safe and
Drug-Free Schools and Communities Act provisions, Title II
provides that the state should undergo activities that assist
local school districts in the implementation of quality drug
and violence prevention activities and programs.
Local drug and violence prevention programs
The Committee has made substantial changes to the section
describing the types of activities that local schools can
support with Title II funds. Title II continues the requirement
found in the Safe and Drug-Free Schools and Communities Act
that programs promote drug and violence prevention. Within that
requirement, schools and communities are free to design a
program or activity that fits their particular needs, including
a before or after school activity or a continuing education
program, provided the program or activity follows the
principles of effectiveness.
In rewriting this section, the Committee chose to provide a
non-exhaustive list of activities that would be an acceptable
use of funds. The Committee wishes to draw particular attention
to several of these activities. The first activity listed is
programs of drug and violence prevention that incorporate a
variety of prevention strategies and activities, including
teaching that most people do not use drugs and teaching the
resistance skills necessary to prevent drug use. By listing
this provision first, the Committee sends a clear message that
students need to be taught drug and violence prevention from a
variety of angles, that students need reinforcing lessons
throughout their school years, and that parents and communities
need to be involved in teaching drug and violence prevention.
Next in the list of allowable activities are before and
after school programs and continuing education activities. This
provision continues most of the activities for the former 21st
Century Community Learning Centers Act. It not only permits
schools to keep their doors open before and after hours as the
original law intended, but it also specifically encourages
development of before and after school activities that enhance
academic achievement for individuals of all ages. Among those
activities included are curriculum based entrepreneurial
education programs and curriculum based remedial education,
extended learning programs, youth science education programs,
personal finance education programs, expanded library service
hours programs, and arts and music education programs. The
Committee wishes to clarify that curriculum based remedial
education includes remedial and supplemental academic
enrichment activities, including literacy programs. The
Committee also intends that the funds authorized under this
program for after-school arts activities shall be used to
supplement and not supplant existing music and arts education
programs as part of the regular school curriculum.
As noted previously, the Committee believes that youth drug
and violence prevention can be accomplished through a variety
of means, and that before and after school programs and
activities should be part of this mix. As the Committee
discovered during the February 10, 2000, hearing on the 21st
Century Community Learning Centers Act, youth often join after
school programs for the recreational aspect. The academic or
educational component is something tolerated. But, youth soon
realize that they have developed skills that will enhance their
future options. Chantal Cotton, a youth participant in an after
school program in Flint, Michigan, testified that the 21st
Century Community Learning Centers Programs ``are fun, but they
teach you something with a lasting effect.''
The Committee made several other changes and additions to
the provisions on school safety. It removed the cap on the
amount of funds a local educational agency can spend on
acquisition and installation of metal detectors and the hiring
and training of school security personnel. Removing the cap
allows local educational agencies the flexibility to create a
youth drug and violence prevention program that best fits local
needs. The Committee also found it appropriate to include
testing youth for illegal drug use and conducting locker
searches for illegal drugs or drug paraphernalia. Drug testing
and locker searches are increasingly being used as powerful
deterrents to youth drug use. School violence hotlines may be
supported with funds under the title. Youth often have a sense
of allegiance to their peers that adults do not understand.
These school violence hotlines can be used by youth to report
anonymously and to provide tips of impending school violence.
Recognizing that improved academic performance can be a
powerful drug and violence deterrent, Mr. Souder (R-IN) offered
an amendment, which was accepted, that allows local funds to be
used for programs that improve student academic performance.
This amendment provides flexibility in the use of funds, while
still requiring a connection to drug and violence prevention.
The Committee added two provisions that schools can use to
learn more about teachers and students. First, background
checks of school personnel have been added to the allowable
uses of funds list. Second, the Committee has added a provision
allowing local funds to be used for establishing and
implementing a system for transferring suspension and expulsion
records by a local educational agency to any public or private
elementary or secondary school. The Committee purposefully
addresses suspension and expulsion records as such punishments
typically involve serious incidents of misbehavior. To do
otherwise runs the risk of relatively minor infractions
preventing a child from receiving the benefit of the doubt in a
new school. The Committee strongly encourages states to take
the responsibility of setting up such records transfer systems.
These systems can be useful to local schools and provide them
with the information necessary to deter school violence and
determine the best way to appropriately serve students.
To mirror a provision added during Floor consideration of
H.R. 2, H.R. 4141 allows local funds to be used for public
school choice for students attending unsafe public schools,
including for payment of reasonable transportation costs for
these students. Too often, school choice is impossible as a
practical matter due to transportation problems. This provision
will allow Title II funds to be used to pay transportation
costs for those students who choose to attend a safe school,
rather than a school that the state has designated as unsafe.
This provision complements the provision addressing public
school choice for students in low performing schools, also
found in H.R. 2.
The Committee has included character education in H.R. 4141
to encourage and promote positive behaviors and qualities in
students. The Committee intends that the particular elements of
good character to be taught in the local schools should reflect
the values of the local community. The seven elements of good
character named in the provision are the core elements
identified by character education experts. Nonetheless, each
community should provide input on which elements should be
taught, and a school may find that many more elements of good
character should be taught than the seven listed.
Finally, the Committee has done much to address the mental
health needs of youth. The Committee believes that the primary
purpose of schools is to further student academic achievement
and that schools should not be held responsible for providing
mental health services. Nevertheless, the Committee does
recognize that some schools and communities may find it
appropriate and necessary to provide mental health services to
students. This is a local choice and not a requirement to be
imposed upon schools. In order to assist youth in need of
mental health services, the Committee has continued the
provision allowing funds to be used for counseling services. To
address the growing mental health needs of youth, the Committee
has added a provision allowing funds to be used to expand and
improve school based mental health services. Comprehensive,
coordinated mental health services help to reduce classroom
disruptions, to deter students from delinquent behavior, and to
get students focused on learning. These provisions fit nicely
with the counseling provisions in Title V, Part A (the Fund for
the Improvement of Education) that support best practices in
elementary and secondary school counseling demonstration
projects.
The Committee included a definition of school based mental
health services provider in Title II. While some have called
for the federal government to set a national professional
qualifications standard for school based mental health services
providers, the Committee does not find that appropriate.
Instead, the Committee prefers to allow state law to determine
what professional qualifications are necessary to provide
school based mental health services. Leaving this decision to
state law will allow locals to provide the appropriate range of
services for youth.
Mr. Schaffer (R-CO) offered an amendment during the
Committee markup, which was accepted, that requires a local
educational agency, upon written notification from a student's
parent, to withdraw the student from any program or activity
funded under Title II. Under the amendment, the local
educational agency must make reasonable efforts to inform
parents of the content of non-classroom instruction funded
under Title II. The Committee believes that with the variety of
activities a school can implement under Title II, including
services such as mental health services, that it is wise to
ensure that parents are aware of the services a child receives.
During the Committee's consideration of H.R. 4141, several
new local uses of funds were added. Those unfamiliar with the
purpose of the legislation looked to it as a vehicle for gun
control provisions. The purpose of Title II is to provide funds
to schools for drug and violence prevention and education
activities. It is a bill that would send funds through the
Department of Education to schools to support educational
activities. It is not a bill that can change the criminal code
regarding gun show restrictions and child safety locks. The
Committee, however, does recognize that a compelling argument
can be made for gun violence prevention education. With this in
mind, the Committee agreed to three gun amendments. The
Committee finds these amendments to be appropriate allowable
uses of local drug and violence prevention funds.
The first amendment would allow local educational agencies
that receive Title II funds and have a high rate of expulsions
of students for possession of a firearm at school to use those
Title II funds to study the effectiveness of promoting the
benefits of child safety locks for firearms.
The second amendment would require the National Center on
Education Statistics to collect data on drug use by youth and
on firearm related injuries and fatalities, data on the
relationship between the victims and perpetrators, the
demographic characteristics of victims and perpetrators, and
the type and characteristic of the firearm used in the
incident.
The third amendment would allow local educational agencies
that receive Title II funds and have a high rate of expulsions
of students for possession of a firearm at school to develop a
plan with local law enforcement agencies to protect students
and school employees against gun violence, which may include
the promotion of the benefits of child safety locks for
firearms.
Discipline of students with disabilities
The Committee adopted two amendments that change federal
requirements regarding disciplining students with disabilities.
Mr. Norwood (R-GA) offered an amendment that would allow school
personnel to discipline, as they would discipline a non-
disabled student under regular school policies, a disabled
student who brings a weapon to school. This amendment passed by
a vote of 28-17. It is substantially similar to an amendment
Mr. Norwood offered during Floor debate on H.R. 1501, the
Juvenile Justice bill. That amendment passed on the House Floor
by a vote of 300-128. The second amendment, offered by Mr.
Talent (R-MO) would allow school personnel the same discretion
for students with disabilities who have illegal drugs at school
or who commit an aggravated assault while at school. This
amendment was accepted in Committee markup by voice vote.
Both amendments would allow school personnel to cease
providing educational services, if they have that ability under
state law, but would encourage school personnel to make this
decision on a case-by-case basis. Committee members argued that
the amendments are necessary to ensure the safety of all
students in our nation's schools. Members also offered the
experiences of constituents as support for the amendments. One
member spoke of a student whose misbehavior warranted a
suspension. The student, in discussing the situation with
school personnel, commented that he knew school personnel could
not apply the usual school punishment and that there would be
no consequences for his misbehavior because he was a student
served under the Individuals with Disabilities Education Act
(IDEA). Such stories illustrate the need to allow school
personnel discretion in disciplining students.
Local educators and the organizations that represent them
have pushed for these amendments. In letters supporting both
amendments, the American Association of School Administrators
(AASA) stated,
The requirements of the Individuals with Disabilities
Education Act of 1997 (IDEA) have tied the hands of
school administrators when it comes to discipline. * *
* For the past several years [AASA] has been urging
Congress to eliminate that dual code of discipline. We
greatly appreciate your ongoing efforts to eliminate
the discipline contradiction in current law and your
commitment to return discipline authority to school
administrators.
In its letter of support, the National Association of
Secondary School Principals wrote,
While it is the intent of every educator to deliver
the best and most appropriate education to every child,
difficult decisions are sometimes required in order to
deliver quality education in a safe and learning
conducive environment. It is unfair--indeed unsafe--to
allow one student to jeopardize the safety of all
others. * * * Thank you for recognizing the inequities
related to discipline which are created under differing
sets of law, and for taking action to remove these
legislative and regulatory barriers.
Members addressed cessation of educational services during
debate of these two amendments. All members offering comments
during the debate of these amendments acknowledged that ceasing
educational services might not provide long-term solutions to
student misbehavior. The sponsors of the amendments argued,
however, that current requirements could teach students that
their misbehaviors have no consequences and that they will
never be punished. The Committee believes that local school
personnel need the discretion allowed by these two amendments,
and that school personnel will invoke the case-by-case
exception when appropriate and necessary.
H.R. 4141 does not leave local schools without options for
serving students who have been suspended or expelled from
school. As mentioned previously, Mr. Castle (R-DE) offered an
amendment, which was accepted, that allows local funds to be
used for alternative education services. Under the amendment,
alternative education programs range from in-school suspension
to entire school curriculums serving students in a non-
traditional or alternative format. The amendment requires that
such programs have a priority on serving students suspended or
expelled from their regular school or classroom. Included in
the amendment is a provision that would require states to set-
aside 30 percent of the 30 percent need based funds they
distribute to local schools under Title II. Those set-aside
funds would still flow to local schools, but would be targeted
to local schools in need of assistance to plan, implement, or
expand alternative education programs. Today, school districts
increasingly are turning to alternative education programs to
deliver educational and mental health services to expelled
students, often in collaboration with social agencies and
community-based organizations. This amendment provides key
assistance for this worthy endeavor.
National activities
The Committee purposefully rewrote the secretary's national
programs authority from how it appears in the current Safe and
Drug-Free Schools and Communities Act. In Title II, the
secretary's program authority is narrowly focused on those
activities for which states and local educational agencies have
reported needing assistance. These activities must fall within
scientifically based evaluations of prevention programs,
assistance in dissemination of drug and violence prevention
information, and technical assistance to states and local
educational agencies in their drug and violence prevention
programs and activities.
Throughout recent education legislation, the Committee has
sent a greater percentage of funds and more program authority
down to the local level. Title II is no different. The
Committee believes that the federal government can provide
assistance in youth drug and violence prevention, but the
responsibility for establishing prevention programs and setting
priorities for prevention programs should remain at the local
level. This philosophy supports a locally created drug and
violence prevention agenda, rather than a nationally driven
agenda and related initiatives.
The Committee chose not to retain the current national
activity authority regarding hate crimes and the references
throughout the law to hate crimes and prejudice and
intolerance. Current national programs authority to create a
sample curriculum regarding hate crime prevention has been
abused. A publication created by the Department of Education,
Healing the Hate, which targets middle school age students,
teaches that certain Christian beliefs are intolerant.
Including this in a middle school curriculum is inappropriate,
and in fact, furthers the hate it is designed to prevent.
H.R. 4141 takes a constructive approach toward preventing
hate crimes and prejudice and intolerance. It allows funds to
be used for promoting positive behaviors in students by
including several uses of funds that parallel hate crime
prevention. Specifically, it allows funds to be used for
activities and programs regarding character education,
including teaching honesty, citizenship, courage, justice,
respect, personal responsibility, and trustworthiness. These
are personal characteristics that promote tolerance in the
treatment of individuals. The Committee believes that Title II
funds are best used when they support and promote positive
behaviors, rather than when they highlight negative behaviors.
Gun Free Schools Act
The Committee retains the current Gun Free Schools Act
requirements. Current law requires a state that receives
federal ESEA funds to have a state law requiring local
educational agencies to expel for a year a student who brings a
gun to school. The Education OPTIONS Act makes minor changes in
the Gun Free Schools Act. It eliminates the section that
requires the secretary to disseminate policy guiding the
implementation of the act and its connection to IDEA. It
incorporates the act into the Title II provisions.
Additionally, it codifies the current practice of exempting
home schools from the act, by stating, ``The term ``school''
does not include a home school, regardless of whether a home
school is treated as a private school under state law.''
Definitions
It has been brought to the Committee's attention that some
schools believe they cannot use current Safe and Drug-Free
Schools and Communities Act funds for activities to prevent the
use of inhalants. This is a mistaken belief. Furthermore, the
Committee intends that schools continue to have the ability to
use Title II funds for activities to prevent the use of
inhalants. Communities across the nation are facing a growing
problem of youth using inhalants. Because they are
uncontrolled, common household products, inhalants are easily
accessible by youth. Coupling this with the lack of knowledge
of the deadly effects of inhalant use results in a dangerous
situation. The Committee urges schools and communities to add
inhalant use to their drug and violence prevention programs and
activities.
Second, the Committee has included in the term ``drug and
violence prevention'' a reference to before and after school
activities and continuing education activities. These are
``educational activities for individuals of all ages in the
community that operate with a goal of drug and violence
prevention in the school or community.'' The Committee notes
that this definition is key to understanding how it intends
before and after school programs and continuing education
activities to operate in the context of drug and violence
prevention. These activities must have a goal of drug and
violence prevention, but do not necessarily have to teach drug
and violence prevention.
Third, Title II includes a definition of ``school based
mental health services provider.'' As explained previously, the
definition relies on state law to set the standard of who can
provide mental health services to youth. The definition reads,
``The term 'school-based mental health services providers''
includes state licensed or state certified school counselors,
school psychologists, school social workers, and other state
licensed or certified mental health professionals qualified
under state law to provide such services to children and
adolescents.''
Fourth, the Committee wishes to clarify that the term
``school personnel,'' because it includes ``other support staff
who are employed by a school or who perform services for the
school on a contractual basis,'' includes school bus drivers.
Student drug use and violence is not confined to the school
building, and can easily occur while students are on the school
bus traveling to and from school. The Committee encourages
schools to include school bus drivers in their drug and
violence prevention strategies and training.
Wrong and harmful message
The Committee has become aware that some local schools, in
implementing their drug prevention activities, are not
conveying the message that ``the use of drugs is wrong and
harmful,'' especially the ``wrong'' component. For instance,
the Committee has reviewed an article published February 26,
2000 in the San Diego Union-Tribune reporting that a program
funded under the Safe and Drug-Free Schools and Communities Act
teaches that ``drugs are likely to remain a part of American
culture and the key measure of success of any drug education
program should be a reduction in drug problems, not
abstinence.'' The Committee strongly disagrees with this
perspective. Students need clear and consistent messages that
teach them to resist drug use because the use of drugs is wrong
and harmful. Students are not well served by confusing
messages. To remedy this situation, the Committee has included
in the governors application and the local educational agency
application a requirement to provide an assurance that drug
prevention programs and activities funded under Title II convey
a ``clear and consistent message that the use of drugs is wrong
and harmful.''
Participation by religious organizations
The Committee has clarified its intent that religious
organizations should be allowed to participate in Title II
activities and programs. While these organizations can
participate under the current ``community based organization''
authority, the Committee thought it was important to amend
current definitions to clarify that such providers may not be
barred from providing services in the future, because of their
religious nature.
The Committee has also included ``charitable choice''
provisions to support the participation of religious
organizations in Title II programs and activities. Charitable
choice is designed to ensure that all levels of government give
consideration to religious organizations, on the same basis as
other nongovernmental organizations, in carrying out drug and
violence prevention activities with funds provided under the
governors' program authority, and that such consideration be
consistent with the Establishment Clause of the Constitution.
In addition to providing that religious organizations be
considered on the same basis as other nongovernmental
organizations, these provisions clarify that religious
organizations may not be discriminated against on the basis of
their religious character. The provision would: (1) clarify
that a religious organization that provides assistance retains
its religious character and control over the definition,
development, practice and expression of its religious beliefs;
(2) clarify that neither the federal, state or local
governments may require the religious organization to alter its
form of governance or remove religious art, icons, scripture or
other symbols in order to be eligible for assistance; (3)
clarify that religious organizations are exempt from employment
nondiscrimination requirements of Title VII of the Civil Rights
Act as is true under the current Title VII civil rights law;
(4) clarify that religious organizations receiving funds shall
follow generally accepted auditing principles and that only the
funds provided under Title II and segregated shall be subject
to audit; (5) clarify that no government funds may be used for
sectarian worship, instruction or proselytization; and (6)
clarify that nothing in the provision preempts state law that
prohibits or restricts the expenditure of state funds by a
religious organization.
The charitable choice language is substantially similar to
language that is already a part of current law in the Community
Services Block Grant (P.L. 105-285) and the welfare reform law
(P.L. 104-193). It is also substantially similar to the House-
passed version of the Fathers Count Act of 1999 (H.R. 3073),
the House-passed version of the Juvenile Justice legislation
(H.R. 1501), and the Committee-passed version of Even Start
(H.R. 3222). Each of these two laws as well as the fatherhood
bill passed the House with broad bipartisan support.
Additionally, with respect to the Juvenile Justice bill, on
June 17, 1999, the House passed a specific charitable choice
amendment by a vote of 346-83. Furthermore, in prior years the
House enacted childcare legislation under which the federal
government funds childcare services, in many cases, through
private faith-based organizations. Pell grants, too, are funded
by the government and may be used by students who attend
private church-supported colleges. In short, Congress is
clearly on record as supporting more choices across the board
in order to involve religiously affiliated entities. The
language of the Title II provision extends charitable choice to
drug and violence prevention activities and programs.
The executive branch is also an advocate for charitable
choice. The Clinton administration has been a strong advocate
for allowing religious organizations to compete with
traditional non-religious organizations in providing social and
other services to the needy. In fact, on May 24, 1999 during a
speech in Atlanta, Georgia, Vice President Gore said,
I have seen the transformative power of faith-based
approaches through the national coalition I have led to
help people move from welfare to work--the Coalition to
Sustain Success * * * I believe government should play
a greater role in sustaining this quiet
transformation--not by dictating solutions from above,
but by supporting the effective new policies that are
rising up from below. And I believe the lesson for our
nation is clear: in those specific instances where this
approach can help us meet crushing social challenges
that are otherwise impossible to meet--such as drug
addiction and gang violence--we should explore
carefully-tailored partnerships with our faith
community, so we can use the approaches that are
working best.
Similarly, President Clinton has stated ``Common sense says
that faith and faith-based organizations from all religious
backgrounds can play an important role in helping children to
reach their fullest potential * * *.''
The Committee notes that under the Title II charitable
choice provision no religious organization is required to
participate. Rather, under the provision, the government may
not discriminate against religious organizations that seek to
participate and may not require those religious organizations
to ``secularize'' or eliminate their religious character in
order to participate.
An amendment offered by Mr. Scott (D-VA), which was adopted
during markup, would prohibit an eligible entity from
subjecting a participant in a Title II program or activity and
during the conduct of such program or activity to sectarian
worship or instruction or proselytization. Title II already
prohibits Title II funds from being used for worship,
instruction or proselytization. The amendment goes one step
further to include a prohibition in the program regardless of
the funding source. While the language provides a safeguard,
First Amendment jurisprudence in any event would likely
prohibit such activities as a part of a Title II drug and
violence prevention program.
A second amendment to charitable choice offered by Mr.
Scott was accepted. The amendment states that receipt of
financial assistance under Title II constitutes receipt of
federal financial assistance. The Committee views the amendment
as nothing more than restating current law and what is patently
obvious. Regardless of whether the entity is a school district
or a nonprofit organization, if it receives federal money under
Title II, it is considered federal financial assistance. In no
way, however, does the Committee view the amendment language as
otherwise extending any new rights or extending civil rights
protections beyond current law.
Some argue that continuing to include charitable choice in
federal programs will lead to endless litigation. However,
charitable choice has been in the welfare law for a little over
three years and has not produced endless litigation over the
separation of church and state. In fact, the Committee is
informed that no federal district court or appellate court has
published any court decision litigating this matter.
The Committee wishes to clarify that religious
organizations that receive grants or contracts funded under
Title II are not obligated to change the nature of their
existing programs in order to comply with the obligations under
Title II. For instance, a religious organization still retains
control over how it offers its general education programs and
to whom these programs are offered, but should be willing to
serve a variety of constituencies when offering an after school
program funded under Title II.
Religious nondiscrimination
The Committee also included language in Title II that
prohibits funds under the title to be used for activities or
programs that discriminate against or denigrate religious or
moral beliefs. This provision is similar to language included
in the House-passed version of the Juvenile Justice legislation
(H.R. 1501). It is commonly agreed that the public school
system is no place to promote the merits of a particular
religion over those of others; on the same note, any particular
religion should not be denigrated through what children are
taught in the classroom. The Committee wishes to clarify that
this provision does not convey or create a private right of
action for an individual to dictate curriculum. Any remedy for
noncompliance with the provision would be handled by the
Department of Education through the normal procedures of the
General Education Provisions Act.
Mr. Souder (R-IN) successfully added an amendment to this
provision during the markup. His language would add the
protection for the beliefs of parents too. The language, as
amended, reads, ``No funds under this part may be used for
activities or programs that discriminate against or denigrate
the religious or moral beliefs of students who participate in
such activities or programs or of the parents or legal
guardians of such students.''
After school programs
H.R. 4141 requires the General Accounting Office to conduct
a study of current after school program opportunities, both
federally and non-federally supported.
Anecdotal evidence suggests and the Committee believes that
after school programs, particularly those offered between the
hours of 3 PM and 6 PM can help students enjoy school more,
feel safer, and make them less likely to participate in
unproductive or harmful activities. That said, the Committee
has reservations about rapidly increasing funding for programs
that have not been subject to thorough evaluations.
Before further expanding the supply of after school
programs, the Committee needs to develop its knowledge of the
wide variety of programs that already exist and the ways in
which the federal government can support the replication of
quality programs across the country. For this reason, Title II
authorizes the GAO to conduct a study of all after school
programs that are currently available, the gaps in the supply
of programs, barriers to using existing programs, and barriers
to implementing new programs.
Title II also authorizes a national clearinghouse of model
after school programs. The Committee believes that establishing
a national clearinghouse on model programs will improve the
quality of after school programs. The clearinghouse will serve
as an information resource for schools and communities looking
to address their needs and the needs of their students.
Currently, evaluations of programs and information on the
availability of programs exist. The GAO study will add a
national perspective, too. What is missing is a publicly and
easily accessible means of retrieving this information. The
clearinghouse will fill this gap.
title III--tech for success
Moore's law holds that the capacity of computer memory
chips will double every 18 months. This exponential growth is
not unlike that of federal spending on education technology and
in the number of new technology programs created. In 1995
spending in this area amounted to a total of just $52.6 million
for a handful of initiatives. By FY 2000, this amount had grown
to over $3 billion (including discounts from the universal
service fund under the E-rate program.) According to the
General Accounting Office (GAO), the number of federal programs
that may be used as a source of support for telecommunications
and information technology in schools and libraries has since
expanded to over 35 spread across eight federal agencies.
[Telecommunications Technology: Federal Funding for Schools and
Libraries, GAO/HEHS-99-133).]
Unfortunately, despite the significant amount of funds that
have been spent on education technology over the past half
decade, little has been learned as to what works, what doesn't
and how, if at all, technology is actually going to result in
improving education in this nation. More and more education
professionals are beginning to question whether computers
actually increase student achievement any more than traditional
classroom tools such as books and chalkboards.
In fact, not much has changed since Todd Openheimer's
widely circulated article in the July 1997 edition of The
Atlantic Monthly. Entitled, ``The Computer Delusion,'' it began
with the following passage: ``There is no good evidence that
most uses of computers significantly improves teaching and
learning, yet school districts are cutting programs--music,
art, physical education--that enrich children's lives to make
room for the dubious nostrum, and the Clinton administration
has embraced the goal of `computers in every classroom' with
credulous and costly enthusiasm.''
To help make sure the next five years of federal investment
in education technology will bear more fruit than that of the
past half decade, the Committee has made several significant
changes to the current Title III programs under the ESEA.
One of the most significant changes is the consolidation of
eight existing programs under Title III, including the
Challenge Fund, Challenge Grants, Star Schools, Software
Development Program, Preparing Tomorrow's Teachers, Community
Technology Centers, the Secretary Leadership Fund, and the
Middle Schools Teachers Training program. At least 95 percent
of these consolidated funds will go directly to states--a
change from current law under which the secretary retains 42
percent for national activities and discretionary grants.
With a single technology program, schools will no longer
have to submit multiple grant applications to obtain education
technology funding. In addition, the funds will no longer be
segmented so that comprehensive education technology strategies
will be easier to implement. The American Association of School
Administrators, representing more that 14,000 superintendents
and public school leaders, highlighted this aspect of the bill
as one of the most important components. In an April 5, 2000
letter to the Committee in support of these provisions, they
wrote:
The Options bill also provides school districts with
the benefit and convenience of a single federal
technology program. For the last several years our
members have requested a single source of technology
assistance. The numerous technology competitive grant
programs in ESEA are frequently so narrowly targeted
that local districts find it difficult to obtain
funding. With a single technology formula, schools will
have the increased flexibility to buy technology
resources that best fit their needs.
With the funds provided under this title, schools will also
have the ability to focus on projects and initiatives which
best meet their particular needs within a framework established
by states. This recognizes the fact that every school district
is at a very different level. While some schools have just
begun to acquire computers, others will choose to focus these
funds solely on ensuring teachers have the skills and support
necessary to effectively use technology. This is why the
Committee believes the flexibility provided under Tech-for-
Success is so important because it recognizes these differing
needs.
Although the specific use of state and local funds are very
flexible, the Tech-for-Success program includes a strong focus
in five primary areas: academic achievement; increased access
to technology; expanded professional development; innovative
technology such as distance learning; and parental involvement.
Academic achievement
The first stated purpose of the Tech-for-Success initiative
is ``To provide assistance to states and localities for
implementing innovative technology initiatives which lead to
increased student academic achievement and which may be
evaluated for effectiveness and replicated if successful.''
The Committee believes the primary focus on education
technology should be to enhance student academic achievement.
Too often, technology is being implemented in schools without
this focus and the results can be costly. A September 1999 ABC
News report stated,
* * * American schools have spent more than $5 billion
on new technology that was designed to improve student
performance. But during that same period of time,
student test scores for reading and math have remained
relatively flat.
The report quoted Gary Bloom of the University of
California Santa Cruz making the point ``It's easy to put
computers in schools. What's not easy is to ensure that they
make a real difference in improving student achievement.''
Despite the overall disappointment in the ability of
technology in improving education there are some reasons to be
hopeful. In 1990, West Virginia implemented the first stages of
the Basic Skills/Computer Education (BS/CE) program. Their
success is often cited as the primary example of how
technology--when implemented with the right focus--may have the
potential to improve student academic achievement. A 1999 study
commissioned by the Milken Exchange on Education Technology,
entitled ``The West Virginia Story: Achievement gains from a
statewide comprehensive instructional technology program''
found several positive aspects of the BS/CE initiative.
In particular, ``the more students participated in BS/CE,
the more their test scores rose on the Stanford 9.'' The report
also found the ``BS/CE was more cost effective in improving
student achievement than (1) class size reduction from 35 to 20
students, (2) increasing instructional time, and (3) cross age
tutoring programs.'' One of the main reasons cited for West
Virginia's success was the program ``clearly articulated goals
focused upon increased student achievement in reading,
mathematics and composition.''
The Tech-for-Success initiative under Title III draws from
the success in states like West Virginia by ensuring the first
and foremost focus of these funds is to implement technology
for the purpose of improving student academic achievement.
Specifically, states and local school districts receiving these
funds must include in their plans a description of how funds
will be used to improve student academic achievement.
In addition, state and local funds may be used for
developing and implementing enhanced performance measurement
systems in order to determine the effectives of technology in
improving student academic achievement. The Committee also
recognizes the ability for schools to use these funds for
projects that focus on core academic subjects along with
components that may include practical applications of those
subjects. The act also includes funds for the secretary to
conduct a much needed independent, long-term study, utilizing
scientifically based research methods and control groups, on
the effectiveness of the uses of educational technology on
improving student academic achievement. The Committee urges the
Department to consult with appropriate agencies, such as the
National Science Foundation, in conducting this evaluation.
Taken together, these provisions represent a significant
shift from current law in focusing far more on using technology
to improve student academic achievement.
Expanding access
It is also the purpose of the Tech-for-Success Act ``To
encourage the establishment or expansion of initiatives,
especially those involving public/private partnerships,
designed to increase access to technology, particularly in high
need local educational agencies.''
The nationwide increase in access to technology has been
significant. In 1994, just 35 percent of schools had Internet
access, by 1999 this had risen to 95 percent. This high
percentage held true even in schools where more than 70 percent
of the children received free or reduced price school lunch.
During this same period, the percentage of instructional rooms
with Internet access increased from just three percent to 63
percent. Additionally, the student-per-computer ratio dropped
from 12 to just nine. However, in both of these indicators,
schools in the highest poverty areas were far less likely to
have computers in every room (just 39 percent) and the student-
per-computer remained relatively high at 16 to 1. (National
Center for Education Statistics, ``Internet Access in U.S.
Public Schools and Classrooms 1994-99,'' February 2000).
These figures indicate that although there have been
tremendous gains over the past several years in expanding
technology, students in the poorest school districts are still
lagging far behind.
It is for this reason that under the Tech-for-Success
program, states must send 95 percent of all funds locally, of
which 80 percent must be distributed through a formula
established by the state ``which shall target funds to high
need local educational agencies.'' The term ``high need local
educational agencies'' is defined in the legislation as an area
in which a high percentage of families have income below
poverty, or is identified by the state as having limited access
to technology; a high ratio of students to computers within the
school, or having a high proportion of teachers who are not
computer proficient. As exemplified by the NCES report, these
factors are often associated with those schools in very high
poverty areas.
This targeting of funds is a departure from the current
practices under the two major Title III technology grant
programs. A recent GAO study, (U.S. General Accounting Office,
GAO/HEHS-00-55, Education Discretionary Grants: Awards Process
Could Benefit from Additional Improvements, March 2000),
reported that of 20 current grants under the Technology
Innovation Challenge Grant program, none had been reported as
being awarded to grantees with greater than 51 percent poverty
(although the report notes that for seven of the grants,
information could not be found). In addition, the Department of
Education reported in it's recent program performance report,
(U.S. Department of Education Volume II--Individual Programs:
1999 Performance Reports and 2001 Plans, March 2000,
Washington, D.C.), that only 27 states reported awarding 66
percent or more of their FY 97 funds under the Technology
Learning Challenge Fund (TLCF) to districts they designated as
high-poverty. The Tech-for-Success initiative will ensure more
funds get to the schools that are most in need of obtaining and
using education technology.
In addition to the requirement that Tech-for-Success funds
be targeted to high-need areas, the legislation also includes
several other important provisions aimed at expanding access to
education technology. Specifically, states and localities must
submit a plan in order to receive funds, which includes a
description of how they will ``take steps to ensure that all
students, particularly those residing in districts served by
high need local educational agencies, will have increased
access to education technology.''
Also, the uses of funds authorized under this title allow
states to establish or support ``joint public and private
initiatives to provide interest-free or reduced loans for the
acquisition of educational technology for both high need local
educational agencies and students attending schools within such
districts.''
Also, at the state and local levels, funds may be used for
``establishing or expanding access to technology in
neighborhoods served by high need local educational agencies,
with special emphasis for access provided through technology
centers in partnership with libraries and with the support of
the private sector.''
At the local level, funds may be used for ``the
establishment or expansion of initiatives, especially those
involving public/private partnerships, designed to increase
access to technology, particularly for high need local
educational agencies.''
The Committee stresses the need for these initiatives to
focus on promoting public/private partnerships as a means of
increasing access to technology in high need schools. Through
such leveraging of federal dollars, far more students in high
need areas will be served. There is ample evidence to support a
growing desire of the business sector to participate in these
initiatives.
The Committee on Education and the Workforce House
Subcommittee on Early Childhood, Youth and Families held a
hearing on March 8, 2000 on ``The Role of Technology in
America's Schools.'' Carlene M. Ellis, Vice President and
Director, Worldwide Education Programs, Intel Corporation
provided testimony describing their `Intel Teach to the Future
Program' designed to specifically address the barriers teachers
face in effectively applying computer technology to improve
student learning.
Over the next three years, our investment in cash,
equipment, curriculum development and program
management will train more than 400,000 classroom
teachers in 20 countries around the world. The program
is supported by Microsoft in the form of significant
software donations, and a number of computer
manufacturers offering donations and discounts to
participants in the program. We believe this is the
largest private industry effort to date--valued at
nearly half a billion dollars--to insure technology is
used successfully to improve student learning.
These efforts are not limited to Intel and Microsoft. Other
businesses large and small are also providing significant
funding and support for education technology. The Tech-for-
Success program will provide a further impetus for the
continuation of such initiatives designed to increase access to
technology for all students--especially those in high need
districts.
Professional development for teachers
Another major focus of Tech-for-Success is ``To promote
initiatives which provide school administrators and teachers
with the capacity to effectively utilize technology in ways
which integrate such technology with challenging state content
and student performance standards, through such means as high
quality professional development programs.''
A recent report by the National Center for Education
Statistics found that only 20 percent of all teachers feel
`very well prepared' to integrate computer applications into
classroom instruction. Oftentimes, this has led to significant
expenditures by school districts for the purchase of technology
that fails to be fully and effectively utilized to improve
instruction and learning.
The Committee believes that until this issue is addressed,
further expenditures in technology are, by and large,
misplaced. For this reason, under the Tech-for-Success program,
local school districts are required to use at least 20 percent
of their funds from this grant, to provide--
sustained and intensive, high-quality professional
development, based on scientifically based research, in
the integration of advanced technologies (including
emerging technologies) into curriculum and in using
those technologies to create new learning environments.
* * * which effectively prepare students to meet
challenging state content and student performance
standards.
A survey published in Education Week (Technology Counts
'99, September 1999) found that while professional development
in technology seems to have a positive impact on teachers,
during the past year 58 percent of all teachers had no more
than five hours of training in technology. This includes 27
percent of teachers who received no technology skills training.
The survey also found that 72 percent of teachers during the
past year had no more than five hours of training on
integrating technology into the curriculum.
The Tech-for-Success Act will greatly expand not only the
amount of professional development for teachers, but also the
quality. In working on the House-passed Teacher Empowerment Act
(TEA), H.R. 1995, the Committee found ample evidence to suggest
that far too many funds for professional development are simply
not benefiting teachers. This is due primarily to the short
term and inconsistent nature of how this training is often
delivered. As a result, both the TEA bill and the Tech-for-
Success provisions, require that professional development be
sustained and intensive. Research, including the ongoing U.S.
Department of Education's National Evaluation of the Eisenhower
Professional Development Program, has found that programs with
these characteristics have a far greater impact on the way in
which teachers instruct.
Technology innovation
The Tech-for-Success legislation also, ``Supports the
development of electronic networks and other innovative
methods, such as distance learning, to deliver challenging
courses and curricula for students who would otherwise not have
access to such courses and curricula, especially in isolated
regions.''
Such technology is especially beneficial to many small
rural schools, which through the use of distance learning, may
share teachers in subjects where there are shortages, such as
math, science, foreign languages and advanced placement
courses. These teachers currently have to travel long distances
between schools to teach multiple classes or students are going
without some of these courses.
As changes in technology continue at a rapid pace, the
possibilities for new applications to improving education will
expand. For example, greater availability to broadband Internet
connections, digital communications, and wireless networks, are
just a few of the emerging technologies that will have a
significant impact on how education is provided in this nation.
This legislation does not attempt or intend to limit funds on
today's technology, but instead, encourages the implementation
and development of new and improved applications of this
emerging technology in an effort to improve student academic
achievement.
Parental involvement
Another important purpose of Tech-for-Success is, ``To
support local efforts for the use of technology to promote
parent and family involvement in education and communication
among parents, teachers and students.''
The Committee notes that while student achievement is the
primary focus of education technology, there are other
important applications that can have a positive impact. The
potential to greatly expand parental involvement is one example
of such applications. Technology is being used by some schools
to keep parents up to date on how their child is performing,
what homework has been assigned, and provide an open link for
parents to communicate with teachers. The Tech-for-Success Act
specifically authorizes funds to be used for this purpose.
National activities
Under the current Title III program, nearly 42 percent of
funds are awarded through a grant process by the secretary as
opposed to a formula to all states. Although some of these
funds are being used for innovative projects, the Committee
notes the recent expansion of secretary funded programs, such
as the Preparing Tomorrow's Teachers to use Technology (PT3)
program and the Community Technology Centers, which the
Committee believes would be more suitable for funding at the
state and local levels. Under Tech-for-Success, states and
localities will have more funds in order to carry out such
initiatives.
Although Tech-for-Success limits the awarding of new grants
such as PT3 and Technology Centers, the Committee recognizes
that several multi-year grants have been awarded to states and
local schools. Under this legislation, the secretary would be
authorized to continue these grants throughout their original
grant period. Funding for these grants would come from the $731
million of consolidated funds, prior to five percent being held
for national activities.
In addition to funds made available for multiyear grants,
the secretary is authorized to use up to five percent of funds
from the Tech-for Success grant for other national activities.
These activities include awarding competitive grants for
education technology programs. A priority is given for those
projects involving innovative models of delivering challenging
distance-learning courses (such as advance placement courses)
to schools where such courses would otherwise not be available.
A second priority for these funds is for projects aimed at
increasing access to technology in high need areas. In addition
to funding these grants, the secretary is authorized to provide
technical assistance to states and localities in order to
achieve the purposes of the Tech-for-Success program. Funds
from this section may also be used to update the existing
national long-range educational technology plan. This section
would also fund the previously mentioned national study on the
use of technology to improve academic achievement.
Protecting students from harmful material on the Internet
The Committee strongly believes that it would be
irresponsible not to require blocking or filtering technology
if a local educational agency or school chooses to use Title
III funds for Internet access under the Education OPTIONS Act.
The goal of this particular title is to provide technology to
schools in order to improve student academic achievement, not
to expose students to a virtual red light district of
pornographic images and other harmful materials.
Specifically, the act includes a provision requiring that
those schools choosing to receive federal funds under Title III
for Internet access have in place on computers accessible by
minors technology to filter or block obscenity, child
pornography, and material that is harmful to minors. This
provision allows for flexibility regarding the type of
technology used for filtering and blocking purposes, and
provides local officials with the latitude to disable filtering
or blocking technology for bona fide research and other lawful
purposes. Schools that object to such an approach to protecting
students do not have to accept these funds and may use other
sources of funds for Internet needs.
The courts, as well as the American public, have long
recognized the government has a compelling interest in
protecting children. Neither obscenity nor child pornography
enjoys protection under the First Amendment. Child pornography
is material that visually depicts sexual conduct by children
below a specified age. Obscenity is commonly defined under the
three-prong test of Miller v. California, 413 U.S. 15, 27
(1973), which asks: (a) whether the ``average person applying
contemporary community standards'' would find that work, taken
as a whole, appeals to the prurient interest; (b) whether the
work depicts or describes, in a patently offensive way, sexual
conduct specifically defined by the applicable state law; and
(c) whether the work, taken as a whole, lacks serious literary,
artistic, political, or scientific value. ``Material harmful to
minors'' is defined under the Education OPTIONS Act in the same
manner as under the Child Online Protection Act (P.L. 105-277),
which passed in the 105th Congress, and is consistent with
Court decisions (i.e. Ginsberg v. New York, 390 U.S. 629
(1968)).
This legislation also makes it an allowable use of funds
under Title III to purchase blocking or filtering technology.
There is a wide variety of such technology available in the
marketplace. Such technology is often updated regularly, allows
users to block or unblock certain sites providing age-
appropriate flexibility, and is inexpensive. The cost of such
technology ranges from 50 cents to three dollars per
workstation per month and many school systems have already
negotiated even lower payment rates.
In sum, the Committee believes it would be negligent in its
duties if it allowed federal taxpayer dollars to be spent on
important classroom technology without taking reasonable steps
to protect students from some of the most graphic and harmful
material imaginable. Title III of the Education OPTIONS Act
affords students such protection.
Part B--Ready-to-learn television
The Ready-To-Learn Television program authorizes the
secretary to award grants to or enter into contracts or
cooperative agreements with nonprofit entities (including
public telecommunications entities) to develop, produce, and
distribute educational and instructional television programming
and support materials for preschool and elementary school
children and their parents. Dragon Tales and Between the Lions
are two examples of Ready-To-Learn Television programs.
The Committee has made several minor modifications to the
Ready-To-Learn Television program. These modifications
acknowledge and encourage a more aggressive approach to
obtaining ancillary rights on the part of grantees in the hopes
of further leveraging federal dollars and provide for the
transition to digital programming. However, in making these
changes, the Committee was careful to protect the program's
original mission of developing high quality, educational
television programming for preschool and elementary school
children.
Part C--Telecommunications program
The Telecommunications Demonstration Project for
Mathematics authorized the secretary to make grants to a
nonprofit telecommunications entity, or partnership for such
entities, for the purpose of carrying out a national
telecommunications-based program (i.e. PBS' MATHLINE) to
improve the teaching of mathematics.
Under H.R. 4141, the Telecommunications Demonstration
Project for Mathematics is renamed the Telecommunications
Program and the secretary is allowed, but not required, to
award grants for the purpose of carrying out a national
telecommunications-based program to improve the teaching of
core academic subjects and/or for the purpose of developing,
producing and distributing digital educational and
instructional programming designed for use by elementary and
secondary school students.
With the advent of digital technology comes the ability to
produce multi-dimensional, educational and instructional
programming that can increase student academic achievement. The
Committee adopted an amendment offered by Mr. Fletcher (R-KY)
during the markup in the hopes of encouraging the development
of such programming under the Telecommunications Program.
Specifically, the Fletcher amendment allows the secretary
to issue three-year competitive grants to local public
television stations that enter into multi-year collaborative
arrangements for digital content development with SEAs, LEAs,
institutions of higher education, businesses, or other agencies
or organizations. Eligible local public television stations
must also contribute a 100 percent non-federal funding match.
TITLE IV--INNOVATIVE EDUCATION PROGRAMS
Innovative Education Program Strategies (Title VI under
current law) is the only K-12 education block grant program
contained within the Elementary and Secondary Education Act. It
is the only formula program that allows recipients to use funds
to benefit any and all student populations, in any and all
schools.
Title VI is the ``innovation money'' needed to help schools
implement broad based accountability plans that are essential
for education reform. Although there is broad support for this
program throughout the education community, the administration
zero-funds Innovative Education Program Strategies each year
because they believe ``the program is not well designed to
support the kinds of state and local efforts most likely to
result in real improvements in teaching and learning.'' In
fact, the Committee believes the administration's opposition to
this program is centered upon the fact that it is designed to
support local flexibility as opposed to the top-down,
Washington centered approach that characterizes so many
administration initiatives.
There is ample evidence that contradicts claims made by the
administration against this program. Pursuant to the
requirements of the statute, the Title VI National Steering
Committee conducted an evaluation of the effectiveness of Title
VI for FY 1998. Forty-four states participated in the survey.
The national compilation of survey data summarizes the impact
of Title VI on over 19.1 million students in 5,247 public
school districts and nearly 1.4 million students in private
nonprofit schools. The survey, Title VI Evaluation of
Effectiveness, National Summary, 1998, notes that public school
districts, as well as private nonprofit schools, allocated the
majority of their Title VI funds for library services and
materials (including media materials). The second highest use
of funds was for computer software and hardware for
instructional use. The greatest benefit provided by the
flexibility of Title VI at the local level is the ability to
use funds to meet locally identified needs without the
restrictions inherent in most other federal education programs.
If Title VI funds were not available, according to the
survey public school districts would not be able to purchase/
upgrade computer hardware and software and provide professional
development; private nonprofit schools would not be able to
upgrade library and media services and purchase/upgrade
computer hardware and software; and state educational agencies
would not be able to provide professional development to meet
school district needs and to facilitate local school districts
improvement/reform efforts. In stark contrast to claims made by
the administration, the survey found that 82 percent of the
districts that used Title VI funds to increase scores on norm-
referenced tests reported improved test scores. Seventy-nine
percent of the districts that used Title VI funds to increase
scores on criterion-referenced tests reported improved test
scores. Finally, the survey noted that the major
recommendations made by recipients of Title VI were to increase
funding and continue the flexibility to meet local needs.
In an effort to increase local control and flexibility of
funds under the Innovative Education Program Strategies, H.R.
4141 adds additional ``uses of funds'' to current law to
broaden the scope of the program for local educational
agencies.
The bill provides for professional development activities
and the hiring of teachers, including activities consistent
with H.R. 1995, the Teacher Empowerment Act, that give
teachers, principals, and administrators the knowledge and
skills necessary to provide students with the opportunity to
meet challenging state or local content standards and student
performance standards. Local educational agencies will now have
the flexibility to focus on initiatives they believe will
improve both teacher quality and student performance, such as
programs to promote tenure reform; teacher testing; merit-based
teacher performance systems; alternative routes to teacher
certification; differential and bonus pay for teachers in
``high need'' subject areas; mentoring; and in-service teacher
academies.
Single gender schools and classrooms
H.R. 4141 provides for education reform projects that
provide single gender schools and classrooms, as long as
comparable educational opportunities are offered for students
of both sexes. The Committee notes that use of the word
``comparable'' does not violate the principles of Title IX or
the Constitution. The word ``comparable'' is already used by
the Department of Education in determining whether a single-sex
school is permissible under Title IX [34 C.F.R.
Sec. 106.35(b)]. Further, the word ``equal'' is not required by
the recent Supreme Court opinion [U.S. v. Virginia, 518 U.S.
515 (1996)] involving the Virginia Military Institute. The
Supreme Court specifically found against Virginia because it
failed to establish a ``comparable'' school for women. The
Committee view on single gender education is supported by
numerous entities in the education community including: the
University of Southern California Law School; the National
Coalition of Girls' Schools; the Orange County Department of
Education; the National Association of Independent Schools;
Denver Public Schools and Board of Education; and West Des
Moines Community Schools.
The Committee also recognizes the numerous benefits of
single gender schools and classrooms. Research suggests that
students enrolled in single gender programs have better
attitudes about school, are more likely to participate in
class, take more math and science classes, have higher
attendance rates, and generally have a greater likelihood of
educational success. Research also suggests that girls enrolled
in single gender programs tend to have more confidence to
express themselves in the classroom; pursue more courses and
careers in math and science; and are generally more able to
focus on academics than they would if in coed classrooms.
Simply put, ``almost all of the research shows that girls
benefit from single-sex schools which are providing an
environment that is sensitive to the characteristics of female
learning and social development.'' (``A Presentation of the
Arguments For and Against Single-Sex Schooling, Zanders,''
1993) In addition, ``single-sex schools provide more * * *
leadership opportunities, greater order and discipline, and
fewer social distractions from academic matters * * * females
also gain advantages because of significant reductions in
gender bias in both teaching and peer interaction, and via
access to the entire curriculum.'' (``Single Gender Schools:
Outcomes for African and Hispanic Americans'', Riordan, 1994)
Finally, the Committee acknowledges previous Congressional
votes on single gender schools and classrooms. On April 21,
1998, the Senate approved identical single gender language by a
vote of 69 to 29 as part of H.R. 2646, the Education Savings
and School Excellence Act of 1998 (this legislation was later
vetoed by President Clinton). In addition, on August 1, 1994,
the Senate voted 66 to 33 to approve an amendment to the
Elementary and Secondary Education Act, offered by Senator
Danforth (R-MO), to authorize the establishment of several
single gender public schools. Unfortunately, the amendment did
not survive the Conference.
Community service
The Education OPTIONS Act provides for community service
programs that train and mobilize young people to measurably
strengthen their communities through nonviolence,
responsibility, compassion, respect, and moral courage. The
Committee recognizes the accomplishments of the Do Something
organization in engaging students in community-building
activities in urban, rural, and suburban school districts
around the country. Do Something is a national nonprofit
organization that inspires young people to believe that change
is possible, and trains, funds, and mobilizes them to be
leaders who measurably strengthen their communities. Through an
ongoing national media campaign and an interactive, educational
website, Do Something works with partners--including MTV,
Blockbuster Entertainment, FOX Television Network, Channel One,
Applied Materials, and MSN--to inspire and empower millions of
young people to take action to measurably strengthen their
communities. The Committee believes that the inclusion of
increased community service opportunities within the Elementary
and Secondary Education Act will help to strengthen schools and
communities across the nation.
Youth entrepreneurship education
H.R. 4141 provides for curriculum-based youth
entrepreneurship education programs with demonstrated records
of empowering disadvantaged youth with applied math,
entrepreneurial, and other analytical skills. To be successful,
it is the view of the Committee that curriculum-based youth
entrepreneurship education programs should include organized
academic materials that are sequentially based and which have
been field-tested and based on sound educational practices.
Additionally, such programs should have a demonstrated record
of empowering disadvantaged youth with applied math and other
analytical skills. There is growing evidence that innovative
organizations and institutions working to instill
entrepreneurial behavior through classroom and practical
experiences and to expose young students to new career options
are highly effective in teaching some youth. Through such
programs, students learn the basic skills required by
entrepreneurs and gain a greater understanding of the
relationship between academic subjects and the business world.
Financial literacy education
The Education OPTIONS Act provides for activities to
promote consumer, economic, and personal finance education,
such as disseminating and encouraging the best practices for
teaching the basic principles of economics and promoting the
concept of achieving financial literacy through the teaching of
personal financial management skills, including the basic
principles involved with earning, spending, saving, and
investing. In addition, the bill provides for similar authority
under Part A of Title V, the Fund for the Improvement of
Education.
In order to succeed in our dynamic American economy, young
people must obtain the skills, knowledge, and experience
necessary to manage their personal finances and obtain general
financial literacy. Yet, despite the critical importance of
financial literacy to young people, the average student who
graduates from high school lacks basic skills in the management
of personal financial affairs. A nationwide survey conducted in
1997 by the Jump$tart Coalition for Personal Financial
Literacy, examined the financial knowledge of 1,509 high school
seniors. On average, survey respondents answered only!57
percent of the questions correctly, and only five percent of
the respondents received a `C' grade or better. A similar
survey conducted in the spring of 2000 found financial skills
declining among 12th graders, with an average of only 52
percent of the questions answered correctly.
As a result, many state educational leaders have recognized
the importance of providing a basic financial education to
students and have begun integrating financial education into
state educational standards. On November 2, 1999, by a vote of
411 to 3, the House overwhelmingly passed H. Con. Res. 213,
encouraging the Secretary of Education to promote, and state
and local educational agencies to incorporate in their
education programs, financial literacy training.
The Committee commends the efforts of the Jump$start
Coalition in furthering personal financial literacy. The
Jump$tart Coalition encourages schools and organizations
serving youth to strengthen personal finance education and
insure that personal financial management skills are attained
during the K-12 educational experience. The Committee also
recognizes Financial Literacy 2001, a state-by-state campaign
to increase the average high school student's knowledge in the
areas of personal finance and investment. Financial Literacy
2001 provides high school teachers with a money management
curriculum to use in their classrooms. These types of programs
are excellent resources for promoting financial literacy.
Mental health services
Title IV of H.R. 4141 provides for expanding and improving
school-based mental health services, including early
identification, assessment, and direct individual or group
counseling services provided to students, parents, and school
personnel by qualified school-based mental health services
personnel. The Committee recognizes that LEAs may find that
school-based mental health services are a necessary and
appropriate component of improving student learning experiences
and outcomes. The Committee intends that schools have the
flexibility they need in creating innovative educational
programs to address such situations as personal and social
adjustment needs and emotional disturbances of students that
prevent them from succeeding in the classroom.
In addition to expanding and improving school-based mental
health services, the Committee notes that local educational
agencies may use funds for eating disorder prevention,
awareness, treatment, and education programs. These types of
programs can be an effective way to improve the education,
health, and well being of students at-risk or suffering from
eating disorders. An estimated five to ten million Americans
suffer from eating-related disorders, including anorexia,
bulimia, binge eating, and morbid obesity. In addition, 86
percent of all eating disorder problems originate in the
school-aged years, some starting as early as age eight. While
the medical complications resulting from eating disorders are
well known, an often-overlooked consequence of these problems
are the negative impact they have on a child's educational
advancement.
TITLE V--PROGRAMS OF NATIONAL SIGNIFICANCE
Part A--Fund for the Improvement of Education
The Fund for the Improvement of Education provides
resources to conduct nationally significant activities to
improve the quality of education and assists all students to
meet challenging state content standards. Unfortunately, over
the years, this program has been used in some cases as a fund
for the Secretary of Education to dispense funds for what some
characterize as ``pork'' projects that have been earmarked for
specific purposes. Funding for this program has ballooned from
$32.5 million in FY 1994 to $243.8 million in FY 2000. H.R.
3194, the Consolidated Appropriations Act of 2000, earmarked
over $200 million in unauthorized projects for this program.
H.R. 4141 caps the authorization at $50 million annually to
help prevent the funding of unauthorized projects earmarked as
part of the Fund for the Improvement of Education and returns
the program to its original purpose, a small funding source for
the Secretary of Education to use for innovative education
reform proposals.
National testing
The administration relied upon the broad, general grant
authority in the Fund for the Improvement of Education for
``developing and evaluating strategies for integrating
instruction and assessment'' and authority for the
``development and evaluation of model strategies for the
assessment of student learning'' as its legal justification to
create a Voluntary National Test in reading and mathematics. In
response to the administration's attempts to implement a
national testing initiative, Congress voted on several
occasions to prohibit the creation of a national test.
On September 16, 1997, the House voted 295-125 to prohibit
national testing as a part of P.L. 105-78, the Labor, Health
and Human Services and Education Appropriations Act of 1998.
The Committee notes that 75 Democrats voted ``Yes'' to prohibit
the creation of a national test during this vote. On February
5, 1998, the House passed H.R. 2846, to prohibit spending
federal education funds on national testing without explicit
and specific legislation by a vote of 242-174. On April 22,
1998, the Senate voted 52-47 to prohibit national testing as a
part of an amendment offered by Senator Coverdell (R-GA) to
H.R. 2646, the Education Savings and School Excellence Act of
1998. Finally, P.L. 105-277, the Omnibus Appropriations Act of
1999, stipulated that ``no funds provided to the Department of
Education or to an applicable program, may be used to pilot
test, field test, implement, administer or distribute in any
way any federally sponsored national test in reading,
mathematics, or any other subject that is not specifically and
explicitly provided for in authorizing legislation enacted into
law.''
H.R. 4141 ensures that no federally sponsored national test
is created without an explicit authorization. Specifically, the
bill stipulates that no funds provided under the Fund for the
Improvement of Education may be used ``to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test in reading, mathematics, or any other
subject, unless specifically and explicitly authorized by
law.'' Testing and standards play a valuable role in helping
Americans understand how well children are learning; however,
the Committee recognizes that the best tests and standards are
those developed at the state and local levels. The Committee
believes that this language makes it absolutely clear that a
national test cannot be developed, tested, or implemented
without a specific congressional authorization.
Prohibition on Federal endorsement of elementary and
secondary school curriculum
The Committee notes that decisions about school curricula
have been, and continue to be, local decisions. The federal
government must take care not to have its heavy hand override
state, local or parental choice in curricula, or use its
influence or imprimatur to pressure state and local schools to
implement national math standards. Accordingly, H.R. 4141
ensures that no funds provided under the Fund for the
Improvement of Education may be used to endorse, approve, or
sanction any curriculum designed to be used in elementary or
secondary schools. In addition, the bill prohibits the
Department of Education from endorsing curricula under Part E
of Title VI.
Consolidated applications
The Education OPTIONS Act consolidates and streamlines the
applications process for the Fund for the Improvement of
Education to ensure that the effectiveness of all funded
projects can be fully examined. Specifically, an applicant for
an award under the Fund for the Improvement of Education will
be required to establish clear goals and objectives for its
project; describe the activities it will carry out in order to
meet the goals and objectives; evaluate the effectiveness of
its project's activities in achieving the goals and objectives
stated in its application; and report to the Secretary of
Education such information as may be required, including
evidence of its progress toward meeting the goals and
objectives of its project. In addition, the Secretary shall
provide for dissemination of evaluation results. Such
information shall be made publicly available upon request, with
public notice of such availability provided.
Achievement gap performance rewards
Under current law, federal dollars continue to flow to
states the same way regardless of whether a state improves
student academic achievement. H.R. 2300 (The Academic
Achievement For All or Straight A's Act), passed by the House
on October 21, 1999, creates incentives to improve student
academic achievement by financially rewarding states that
improve student academic achievement and narrow achievement
gaps. No such reward program exists in current law for federal
education funds. Under H.R. 2300, funds for the rewards would
come from the Fund for the Improvement of Education. Rather
than creating a new reward program, H.R. 2300 directs the
secretary to set aside sufficient funds from the Fund for the
Improvement of Education in advance in order to fully fund
rewards under this provision at the end of the five-year
performance agreements. H.R. 4141 adds language to the Fund for
the Improvement of Education that specifically grants authority
to the secretary to award performance grants, and specifically,
according to the criteria for awards set forth in H.R. 2300.
H.R. 4141 authorizes performance rewards for states that
(1) make significant progress in eliminating achievement gaps
by increasing the proportions of two or more groups of students
under Sec. 1111(a)(3)(I) of the Elementary and Secondary
Education Act of 1965 that meet state proficiency standards,
and (2) have agreed to meet specific and numerical performance
goals during the term of a performance agreement of at least
five years in length.
Elementary and Secondary School Counseling Program
The Committee has done much to address the mental health
needs of youth in Title II of H.R. 4141. While the Committee
believes that the primary purpose of schools is to further
student academic achievement, the Committee does recognize that
some schools and communities may find it appropriate and
necessary to provide mental health services to students.
In addition to provisions in Title II to expand and improve
school based mental health services, H.R. 4141 includes
provisions supporting school based counseling services in Part
A of Title V. H.R. 4141 streamlines the elementary and
secondary school counseling program requirements to allow local
educational agencies greater flexibility in creating and
implementing programs and improves the ability of local
educational agencies to implement demonstration projects. Under
the Elementary and Secondary School Counseling Program's
authority in the Fund for the Improvement of Education, the
Secretary of Education is authorized to award grants to local
educational agencies to establish or expand school counseling
programs. Each program shall include teacher training by school
counselors, school psychologists, and school social workers;
shall involve parents of participating students in the design,
implementation, and evaluation of the counseling program; and
shall involve collaborative efforts with community groups,
social service agencies, or other public or private entities to
enhance the counseling.
Character education
With the growing concern for the safety of students and
teachers in our schools, many have looked to character
education in the schools as a solution. Making appropriate and
good choices in life relies upon a strong character, yet some
children do not get much guidance or support for character
development. When and if schools step in to help students
develop strong character, the appropriate role of the federal
government in such education becomes a key concern. To gain
insight on this issue, the Subcommittee on Early Childhood,
Youth and Families held a hearing on ``Building a Nation of
Citizens--The Role of Character Education in America's
Schools'' on March 1, 2000.
As a result of issues discussed at the hearing and input
from various organizations in the character education
community, the Education OPTIONS Act streamlines the Character
Education Program to allow local educational agencies greater
flexibility in creating and implementing programs. Under the
Character Education Program in the Fund for the Improvement of
Education, H.R. 4141 removes the limit of ten character
education grants per year and the maximum award of $1 million
to states, and instead authorizes the Secretary of Education to
make up to five-year grants to states, local educational
agencies, or a consortia of educational agencies for the design
and implementation of character education programs.
Allowing local educational agencies and consortia of
educational agencies to apply for funds will increase the
flexibility to fund programs in school districts where states
have not submitted applications for funding. In addition, H.R.
4141 defines the elements of character that shall be
incorporated into character education programs including:
Honesty, Citizenship, Courage, Justice, Respect, Personal
Responsibility, Trustworthiness, and any other elements deemed
appropriate by each state, local educational agency, or
consortia of such educational agencies receiving funds under
this program.
Smaller learning communities within high schools
According to the Conference Report on H.R. 3194, the FY
2000 Consolidated Appropriations Act, there is a strong body of
research that documents the benefits of smaller high schools.
These benefits include greater student academic achievement,
less crime and violence, fewer disciplinary problems, less
alcohol and tobacco use, better student attendance, fewer
dropouts, more satisfied students, and greater student
participation in school activities. The Committee acknowledges
that school districts should be encouraged to undertake
research-based strategies to create smaller learning
communities within large high schools.
H.R. 4141 streamlines the Smaller Learning Communities
Program to encourage the development and implementation of
activities in high schools through which students receive more
individualized attention and support. Under the Smaller
Learning Communities Program in the Fund for the Improvement of
Education, funds may be used to (1) create smaller learning
communities in high schools where students receive individual
attention and support, with a goal of not more than 600
students in each learning community; (2) develop and implement
scientifically based research strategies to create smaller
learning communities within large high schools including
learning clusters, `houses' (under this model, students across
grades are assigned to groups of a few hundred each within a
high school, each `house' has its own discipline policies,
student activity program, student government, and social
activities), magnet schools or other approaches to creating
schools within schools; block scheduling; personal adult
advocates; teacher-advisory systems and other mentoring
strategies; reduced teaching loads; and other innovations
designed to create a more personalized high school experience
for students and improve student achievement; and (3) 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 for high schools.
Mathematics and science professional development study
The Education OPTIONS Act authorizes an independent study,
conducted in consultation with appropriate agencies, that will
provide a multi-level coordinated implementation strategy,
based on scientifically based research, for effective
professional development activities for mathematics and science
teachers. The Committee encourages the Department of Education
to consult with appropriate agencies, including the National
Science Foundation, when conducting this study.
Repeals
The Committee amendment repeals the Promoting Scholar
Athlete Competitions; National Student and Parent Mock
Election; and the Model Projects programs from the Fund for the
Improvement of Education. These repeals will help to streamline
funding for the Fund for the Improvement of Education and are
consistent with the administration's Educational Excellence for
All Children Act of 1999.
Part B--Arts Education
The Arts Education program supports student competency in
the arts by encouraging the integration of arts education into
elementary and secondary school curricula. In its
deliberations, the Committee has focused on increasing the
involvement of local arts educators and state and local arts
organizations, and on targeting resources to the programs that
are providing results. Title V of the Education OPTIONS Act
updates and improves the program in a number of ways.
The Committee bill continues the Arts Education program at
its current funding level. It updates the congressional
findings with respect to arts education. In addition, H.R. 4141
eliminates a number of outdated references to ``Goals 2000,''
``National Education Goals,'' and ``national efforts,'' and
instead focuses the program on improving school-based programs
using state standards.
Encouraging local participation and increasing local
control
The Committee bill maintains the current list of eligible
entities, and retains most of the current allowable uses of
funds. However, consistent with the Committee's philosophy of
increasing local involvement and local control, the focus of
collaborative activities allowed under the act has been shifted
away from specific federal agencies and specifically named
organizations, to arts educators and arts organizations
including state and local arts agencies. In addition, H.R. 4141
eliminates a restrictive special rule which has had the effect
of limiting involvement by individuals and local organizations,
and replaces it with a requirement that the secretary consult
with arts educators (including professional arts education
associations), and organizations representing state and local
arts agencies involved in arts education when making grants.
In taking these actions, the Committee highlights the
importance of consultation with the individuals and entities
that have the primary responsibility and accountability for
delivering a quality education in the arts. The Committee notes
that there are currently four professional associations
representing arts educators: MENC: the National Association for
Music Education; the National Art Education Association; the
American Alliance for Theater Education; and the National Dance
Education Organization. The Committee believes that the
secretary, grant recipients, and ultimately America's children
will benefit from this consultative process.
Simplification and flexibility
The Committee bill also accepts two proposals put forth by
the administration. First, H.R. 4141 eliminates an outdated
funding threshold that requires in any year that appropriations
for the Arts Education program are below $9 million, all
appropriated funds are to be spent on programs operated by the
Kennedy Center and VSA arts. In taking this action, it is not
the intent of the Committee to increase or reduce federal
funding to any specific entity. Rather, the Committee's goal is
to simplify the act and increase flexibility by eliminating a
provision that is no longer necessary or even in effect. The
Committee notes that funding for Arts Education has exceeded
the $9 million threshold in each of the three prior fiscal
years. During that same time, combined funding under the
program for the Kennedy Center and VSA arts has also grown
beyond the $9 million threshold, to its current level of $10.5
million.
The second proposal put forth by the administration and
accepted by the Committee is the elimination of a separate
authorization for the Cultural Partnerships for At-Risk
Children and Youth program. This program was created as a
separate subpart 2 during the last reauthorization of the ESEA,
but has never been funded. This action is consistent with the
Committee's philosophy of targeting resources to the programs
that are providing the best results, as well as with its
responsibility to set priorities for the Appropriations
Committee.
Leveraging funds
Finally, the Committee bill includes a new provision
stating that funds provided under this program must be used to
supplement and not to supplant non-federal funds used for arts
education programs. This provision was added after consultation
with arts educators who expressed concern that a few providers
might reduce their own efforts if or when federal funding
became available. It is the intent of the Committee that
initiatives provided for under this program should complement
the ongoing efforts of schools and school districts across the
country.
Part C--Public charter schools
Background
Charter schools are public schools established under state
law that come into existence through a contract with either a
state agency or a local school board. The charter establishes
the framework within which the school operates and provides
public support for the school for a specified period of time.
The school's charter gives the school autonomy over its
operation and frees the school from regulations that other
public schools must follow. In exchange for their autonomy,
charter schools are held accountable for meeting the terms of
their charters including improving student academic
performance.
Under the Public Charter Schools program, federal charter
school dollars are provided only to those states that have a
state charter statute. Currently, 36 states, the District of
Columbia and the Commonwealth of Puerto Rico have passed laws
authorizing charter schools. Since not all states have charter
schools, the Public Charter Schools program is a discretionary
grant program not a formula program. Grants are awarded on a
competitive basis and the length of the grant is for three
years.
Provisions in H.R. 4141
Since the 105th Congress passed the Charter Schools
Expansion Act of 1998 (P.L. 105-278), which authorizes the
Public Charter Schools program through FY 2004, the Committee
believes that only two legislative modifications are in order.
The first provision clarifies that the definition of a charter
school is, among other things, a public school that admits
students on the basis of a lottery or in another non-
discriminatory manner consistent with state law, if more
students apply for admission than can be accommodated. The
second provision authorizes $145 million for the program in FY
2000 and extends the authorization through FY 2005.
However, the Committee also believes that it is important
to reiterate its position on subgrant administrative expenses.
Under current law (Part C of Title X of ESEA, Sec. 10304 [20
U.S.C. 8064] (f)(4)), ``Each state educational agency receiving
a grant pursuant to this part may reserve not more than five
percent of such grant funds for administrative expenses
associated with the charter school grant program assisted under
this part.''
In other words, state educational agencies (SEAs) are
allowed to reserve up to five percent of the grants they
receive for the cost of administering subgrants. Depending on
each state's charter law, subgrants may flow through local
educational agencies (LEAs) before reaching the charter
schools. It has come to the Committee's attention that in
Colorado and several other states, LEAs are deducting an
additional administrative charge from the subgrants. It was not
the intent of the original authorizing legislation that any
administrative expense be deducted from subgrants beyond the
five percent allowed by SEAs. The Committee strongly encourages
that this intent be communicated to state and local educational
agencies by the Department and appropriately monitored to
ensure that all schools receive 100 percent of the subgrants
that SEAs award.
Part D--Civic education
The 28th Annual Phi Delta Kappa/Gallup Poll in 1996 found
that American citizens believe that the nation's schools, apart
from providing a basic education, have a very important role to
play in preparing students to be responsible citizens. The 1998
National Assessment of Educational Progress found that students
have only superficial knowledge of, and lacked a depth of
understanding regarding, civics. In addition, more than three
quarters of Americans surveyed by the National Constitution
Center in 1997, admitted that they knew only some or very
little about the Constitution of the United States.
To address these shortcomings, the Committee amendment
incorporates parts of H.R. 3195, the Education for Democracy
Act introduced by Mr. Kildee (D-MI) and Mr. Castle (R-DE). The
purpose of H.R. 3195 is to improve the quality of civics and
government education by educating students about the history
and principles of the Constitution of the United States, and to
foster civic competence and responsibility. Part D of Title V
of H.R. 4141 supports the Center for Civic Education and its
education program that encourages instruction on the principles
of our Constitutional democracy; the history of the
Constitution and the Bill of Rights; congressional hearings
simulations; and annual competitions of simulated congressional
hearings for secondary school students. In addition, the bill
provides for advanced training of teachers about the
Constitution of the United States and the political system the
United States created; and civic education materials and
services to address specific problems such as the prevention of
school violence and the abuse of drugs and alcohol.
Part E--Ellender Fellowship Program (Close Up Foundation)
An amendment offered by Mr. Roemer (D-IN) and Mr. Barrett
(R-NE) was adopted by the Committee to restore the Allen J.
Ellender Fellowship Program. This program, administered by the
private, non-profit Close Up Foundation, provides financial aid
to enable low-income students, their teachers, senior citizens,
recent immigrants, and children of migrant parents to come to
Washington, D.C. to study the operations of the three branches
of government. Activities include attending seminars on
government and current events, and meeting with government
leaders. H.R. 4141 authorizes $4.4 million for FY 2001 and such
sums as may be necessary for the next four succeeding fiscal
years for this program.
The Close Up Foundation is the nation's largest nonprofit
(501(c)(3)), nonpartisan citizenship education organization.
Since its founding in 1970, Close Up has worked to promote
responsible and informed participation in the democratic
process through a variety of educational programs. Close Up's
mission is built on the belief that textbooks and lectures
alone are not enough to help students understand the democratic
process and make it work. Students need a ``close up''
experience in government. Close Up's national, state, and local
experiential government studies programs strengthen
participants' knowledge of how the political process works,
increases their awareness of major national and international
issues, and motivates them to become actively involved in the
world around them. Each year, more than 25,000 students,
teachers, and other adults take part in Close Up's programs in
Washington, D.C. Since the inception of its Washington-based
programs in 1971, the Close Up Foundation has welcomed more
than 500,000 students, educators, and other adults to the
nation's capital.
TITLE VI--GENERAL PROVISIONS
In general
Title XIV of the Elementary and Secondary Education Act
contains general provisions that affect all federal K-12
education programs. Changes to Title XIV have been included in
Title VI of H.R. 4141, the Education OPTIONS Act. The general
provisions are divided into several parts: Part A--Definitions;
Part B--Flexibility in the Use of Administrative and Other
Funds; Part C--Coordination of Programs and Consolidated State
and Local Plans and Applications; Part D--Waivers; Part E--
Uniform Provisions; and Part F--Sense of the Congress. Repeals
are included in section 602 and the effective date is in
section 603.
Part A--Definitions
The Committee has added two new definitions to the list of
defined terms for the Elementary and Secondary Education Act
programs. Most of the remaining definitions from current law
remain substantially unchanged. The two new terms are ``family
literacy services'' and ``scientifically based research.''
The ``family literacy services'' definition is identical to
the definition that was included in the Reading Excellence Act
(Title VIII of P.L. 105-277) in 1998. This definition will also
be the definition used for purposes of the Even Start Family
Literacy program that is being reauthorized in a separate bill,
H.R. 3222, the Literacy Involves Families Together Act (LIFT).
``Family literacy services'' are those services provided to a
participant that are of sufficient intensity and duration to
make sustainable changes in a family, and that integrate all of
the following activities: (1) interactive literacy activities
between parents and their children; (2) training for parents
regarding how to be the primary teacher for their children and
full partners in the education of their children; (3) parent
literacy training that leads to economic self-sufficiency; and
(4) an age-appropriate education to prepare children for
success in school and life experiences.
The ``scientifically based research'' definition is
consistent with the definition included in the Reading
Excellence Act (Title VIII of P.L. 105-277), the House-passed
Teacher Empowerment Act (H.R. 1995) and the House-passed
Student Results Act (H.R. 2). The Committee strongly believes
that all Elementary and Secondary Education Act programs should
be based upon scientifically based research. This means
research that employs systematic, empirical methods that draw
upon observation or experiment; involves rigorous data analyses
that are adequate to test the stated hypotheses and justify the
general conclusions drawn; relies upon measurements or
observational methods that provide valid data across evaluators
and observers and across multiple measurements and
observations; and has been accepted by a peer-reviewed journal
or approved by a panel of independent experts through a
comparably rigorous, objective, and scientific review. In
addition, during Committee consideration of the Education
OPTIONS Act, an amendment was offered by Mr. Schaffer (R-CO) to
further include language requiring such research to be
evaluated using randomized experiments in which individuals,
entities, programs or activities are randomly assigned to
different variations (including a control condition) to compare
the relative effects of the variations. The amendment was
accepted by voice vote.
Part B--Flexibility in the use of administrative and other funds
Under current law section 14201, a state may consolidate
its administrative funds from Title I of the Elementary and
Secondary Education Act (ESEA), the Eisenhower professional
development program, the technology programs, the safe and drug
free schools program, the innovative education program
strategies grants, and Goals 2000 and apply the consolidated
funds to the state's costs of administering this group of
programs, rather than applying each funding source only to the
administrative costs for that one program.
According to a study prepared for the Department of
Education and entitled Living in Interesting Times: Early State
Implementation of New Federal Education Laws, only nine states
have completely consolidated their administrative funds, and
many state administrators appear to be confused as to what
extent, if at all, administrative funds have been consolidated
in their states. However, for states that have consolidated
administrative funds, they have found the experience to be a
positive one. Consolidation has eliminated the requirement of
tracking time and effort of personnel assigned to individual
federal education programs. Collaboration across federal
education programs has also increased. In many cases,
consolidated administrative funds have made it easier for
states to fund salaries, fringe benefits, and training and
conference expenses.
While the provision in current law is a positive one, the
Committee finds no sound reason why the authority to combine
administrative funds at the state level should not be extended
to all ESEA programs. H.R. 4141 would extend such authority to
all ESEA programs for which funds are authorized to be used for
administration at the state level.
Similarly, current law section 14203 allows for
consolidation of funds for local administration for certain
ESEA programs. As with state administrative funds, the
Committee has included language allowing all ESEA
administrative funds at the local level to be combined. A
General Accounting Office report \2\ found the current law
provision, in practice, to be frequently unavailable and seldom
used by school districts. In GAO's survey of state educational
agencies, about one third reported that they did not allow
local school districts to combine administrative funds. It is
the Committee's understanding that in some states, a barrier to
the use of this option is the state or state educational
agency's failure to establish an additional fiscal account line
for managing these combined funds. This is largely an
implementation problem. Accordingly, the Committee would
strongly encourage states to take all necessary steps,
including the modification of accounting procedures, to make
this option available to local school districts.
---------------------------------------------------------------------------
\2\ GAO/HEHS-98-232 Federal Requirements and School districts,
Recent Flexibility Initiatives Are Generally Not Structured to Address
the Major Implementation Issues Affecting School Districts, p.55.
---------------------------------------------------------------------------
Part C--Coordination of programs; consolidated state and local plans
and applications
In general, to receive funding for most federal education
programs, states and school districts must submit plans or
applications to either the state or federal government. These
plans or applications typically tell how the funds will be
used, certify that federal procedures will be followed, and
provide assurances that the funds will be spent in accordance
with the purpose or purposes of the program.
Section 14302 of the general provisions gives states the
option of consolidating state plans or applications that they
submit to the United States Department of Education for
specified ESEA education programs. This means that a state may
submit one plan that covers two or more of the specified
programs. In similar fashion, section 14305 gives school
districts the option of consolidating local plans or
applications that they submit to the state. As with the
provisions on consolidated administrative funds, the Committee
has expanded the provisions of current law to allow all ESEA
programs to be included in a single state or school district
plan. Consolidated plans eliminate bureaucratic paperwork
requirements, promote greater coordination between programs,
and in general, give states and localities the flexibility they
need to better administer federal education resources. As with
consolidation of administrative funds, states that have used
consolidated plans have found the benefits to be quite
positive. In Virginia, for example, the use of a single
consolidated plan has allowed funding for cross program
planning, eliminated the need to track personnel time and
effort in individual programs, and eliminated the need to
develop separate program plans.
It is the view of the Committee that all states must allow
all local educational agencies to submit consolidated plans, as
the statute requires this in under section 14305. On February
16, 1999, Carlotta Joyner of the General Accounting Office
(GAO) sent Secretary Riley a memo concerning several states
that may not have been implementing these flexibility
provisions. GAO reported in its memo that in a survey of 50
state educational agencies, ten states reported that they
require school districts to submit separate plans for at least
one of the programs covered under the law, in order to receive
federal program dollars. Under ESEA, though, states may require
school districts to submit consolidated plans, but they cannot
require them to submit separate plans for each of these covered
programs. As a result, school districts in these states are not
able to take advantage of the reductions in paperwork
requirements that have been available under current law for
more than five years. Consequently, in an effort to address
this problem, H.R. 4141 clearly states in section 14305 that
states cannot require local educational agencies to submit
separate plans for each federal program.
Part C of the general provisions also includes a new
provision on consolidated reporting, yet another provision to
eliminate unnecessary paperwork requirements and reporting
burdens. Section 14303 gives the secretary authority to
establish procedures for allowing states to submit consolidated
annual reports on ESEA programs. This single report, already
under development at the Department, will take the place of
separate individual annual reports the states are required to
submit to the Department of Education. The Committee also
encourages the Department to implement electronic consolidated
reporting to further reduce paperwork. In addition, to the
extent possible, states should be granted the flexibility to
submit state annual reports and other data that meet federal
reporting requirements so that they do not have to repackage
data that otherwise meets those requirements.
Part D--Waivers
The general authority of the Secretary of Education to
waive statutory and regulatory requirements of federal K-12
education programs is found in Part D, section 14401, of the
Elementary and Secondary Education Act. The basic concept
behind waiver authority is that states and school districts may
have a better way of implementing federal education programs
and this authority enables them to do so. For too many years,
the federal government has had a top-down, one-size-fits-all
approach to education that has proven itself flawed. In
recognition of this fact, Congress has begun to provide more
flexibility to states and school districts via the waiver
process. Generally, the Title XIV waiver authority allows the
secretary to consider requests from states and school districts
for waivers of any statutory or regulatory requirement with
several exceptions. The Committee has continued the waiver
authority and made minor conforming changes so that the
secretary's waiver authority is generally consistent with the
waiver authority granted to states under the Education
Flexibility Partnership Act (P.L. 106-25).
Under current law, the secretary may not waive statutory or
regulatory requirements relating to the following: (1)
allocation or distribution of funds to state educational
agencies, local educational agencies, or other recipients of
ESEA funds; (2) maintenance of effort; (3) comparability of
services; (4) use of federal funds to supplement, not supplant
non-federal funds; (5) equitable participation of private
school students and teachers; (6) parental participation and
involvement; (7) applicable civil rights requirements; (8)
charter school requirements; (9) prohibitions regarding state
aid and the use of funds for religious worship or instruction.
In Section 14513 the Committee has added to the list of things
that cannot be waived. The prohibitions that are included are:
prohibition on funds being used to develop or distribute
materials or operate programs or courses of instruction
directed at youth that are designed to encourage sexual
activity, whether homosexual or heterosexual; prohibition on
funds being used to distribute or to aid in the distribution by
any organization of legally obscene materials to minors on
school grounds; prohibition on funds being used to provide sex
education or HIV prevention education in schools unless such
instruction is age appropriate and emphasizes the health
benefits of abstinence; and prohibition on funds being used to
operate a program of contraceptive distribution in schools.
Part E--Uniform provisions
Part E includes what is commonly referred to as the
``uniform provisions.'' These provisions include maintenance of
effort, the participation by private school students and
teachers in ESEA programs, prohibitions against funds being
used for religious worship or instruction, rules of
construction relating to home schools, school prayer
provisions, prohibitions against federal control of curriculum,
prohibitions relating to sex education and contraceptive
distribution, and other matters.
The Committee has made several significant changes to
current law. First, the Committee has included language on
private school consultations with school district officials
that is parallel to the language reauthorizing Title I of ESEA
that was included in the House-passed Student Results Act (H.R.
2). In general, school districts are required to consult with
private school officials when arranging for the provision of
equitable services under ESEA programs to private school
students and staff. However, Catholic school officials have
informed the Committee that in some areas of the country,
public school districts provide little or no consultation with
private officials. Where consultation does occur, it can hardly
be considered meaningful.
To help address these concerns, H.R. 4141 requires public
school districts to consult with private school officials not
only on how and where the services will be provided, as under
current law, but also on the selection of the contractor that
provides the services, in situations where contractors are
utilized. In addition, the public school district must tell how
the services will be assessed, and how the results of that
assessment will be used to improve the services to private
school children. The consultations must involve not only
meetings prior to the public school district making a decision
on the services, but also throughout the implementation and
assessment of the services. Such measures will help ensure that
high quality services are provided to private school children.
Second, the Committee has included new language on school
prayer. Current law states that any state or school district
that has been found by a federal court to have willfully
violated a court order with respect to school prayer is
ineligible to receive ESEA funds. Sadly, this law is
unnecessarily hostile to the right to pray and erects several
hurdles in the paths of students who wish to exercise their
right to pray at school. First, current law requires one to
have first gone to federal court and previously obtained an
order against a school district or state. Second, one must
additionally prove in court that a state or school district has
willfully violated the order, before the state or school
district would be subject to losing education funds. This
framework is flawed. It does nothing to provide for prompt
enforcement of a student's rights. Rather it provides a remedy
only after a student has been compelled to go to court two
times--once to get an initial court order and the second time
to show there has been a violation of the court order. This
puts an onerous burden upon students who are simply trying to
exercise a basic constitutional right.
The Committee has replaced current law with a simple
provision that denies ESEA funds to states or school districts
that have policies which deny or prevent participation in
constitutionally protected prayer in schools on a voluntary
basis. The language included in section 14510 of H.R. 4141 is
the same language that Rep. Sam Johnson (R-TX) authored in 1994
that passed the House 345-64. The Senate passed substantially
the same language in 1994 but it was dropped from the final
conference report and replaced with what is now in current law.
Third, the Committee has added new language in section
14511 regarding religious memorial services and religious
memorials located on school campuses. The language was prompted
by the circumstances surrounding the courageous actions of
Cassie Bernall at Columbine High School in Littleton, Colorado.
The Committee bill states that Congress does not find religious
services or religious memorials that are located on campus to
honor others that may have been slain on campus to be
objectionable. This statement sends a clear signal that Members
of Congress believe schools and communities should be free to
honor their classmates through a religious service or memorial
erected on campus. Too often, there are people and
organizations that would seek to prevent parents and students
from seeking the comfort of their Creator on public property
and in public settings. Efforts by such organizations are
puzzling, given the many references to religion in our
government and public life. We have chaplains in the Armed
Forces; chapels located on the grounds of our military service
academies; House and Senate chaplains who open our legislative
sessions in prayer and who pray and counsel with Members of
Congress; the words ``In God We Trust'' appears on coins and
paper money; religious organizations participate in charitable
choice; and many other examples. Even our nation's laws dealing
with crimes against persons (murder and robbery) and property
(theft) are rooted in scripture. The very modest provision
included in H.R. 4141 is substantially similar to language that
passed the House in June 1999 by a vote of 300-127 as a part of
the juvenile justice legislation (H.R. 1501).
Fourth, the Committee has added new language in section
14512 which permits school districts, if they wish, to use up
to 20 percent of administrative funds from ESEA programs for
payment of attorneys fees and related legal services in the
defense of any legal action where the claim is that a school or
its agent violated the constitutional prohibition against the
establishment of religion by permitting, facilitating, or
accommodating a student's religious expression or by
permitting, facilitating or accommodating religious memorials
on campus. Too often, lawsuits or threats of lawsuits against a
school district can have a chilling effect upon a district's
willingness to accommodate a student's religious expression.
This language will ensure that the school district could access
a portion of their administrative funds when they extend
themselves to accommodate a student's religious expression.
Fifth, the Committee has added new language in section
14515 which ensures that regulations are promulgated by the
secretary only to the extent that such regulations are
necessary to ensure compliance with specific requirements and
assurances required under the Elementary and Secondary
Education Act. This provision is consistent with language that
has been included separately in individual education programs
in recent years. It is included here to cover all elementary
and secondary programs.
Sixth, the Committee has added new language in section
14518 prohibiting the endorsement, approval or sanctioning of
any curriculum by the Department of Education. The Educational
Research, Development, Dissemination, and Improvement Act of
1994 (P.L. 103-227) directs the Assistant Secretary of
Education for the Office of Educational Research and
Improvement to establish ``panels of appropriate qualified
experts and practitioners to evaluate educational programs * *
* and recommend to the secretary programs that should be
designated as exemplary or promising educational programs.''
Within the past several months, the Secretary of Education
identified as ``exemplary'' and ``promising'' several highly
questionable math programs that had been supported by the
National Science Foundation. These programs have been commonly
referred to as ``fuzzy math'' because they adhered to a
philosophy of math that minimized essential computational
skills, were not based on sound scientific research, and
promoted lower levels of proficiency in mathematics. In fact,
over 200 math and science scholars from across the nation sent
a letter to the Secretary of Education pointing out the flaws
of the curricula, and asked the Department to rescind the
endorsements. The endorsements were not rescinded.
The continuing ability of the Department of Education to be
able to endorse curricula is misguided, and accordingly, the
Committee has included a prohibition on any further
endorsements by the Department. This provision effectively
supersedes the current authority provided for these panels of
experts to make recommendations on exemplary programs in the
Educational Research, Development, Dissemination, and
Improvement Act of 1994.
Decisions about school curricula have been and continue to
be local decisions. The federal government must take care not
to have its heavy hand override state, local or parental choice
in curricula, or use its influence or imprimatur to pressure
state and local schools to implement national math standards.
Seventh, the Committee has continued the prohibitions
included in section 14511 of current law. These prohibitions
have been moved to section 14513 of H.R. 4141. Section 14513
prohibits ESEA funds from being used to: (1) distribute obscene
materials on school grounds; (2) fund courses or the
development or distribution of materials that are designed to
promote or encourage sexual activities; (3) operate a program
of contraceptive distribution at schools; and (4) fund sex
education in schools unless such program is age appropriate and
emphasizes abstinence.
Eighth, during Committee consideration of H.R. 4141, Rep.
George Miller (D-CA) offered an amendment which states that no
state educational agency or school district that receives ESEA
funds may enter into third party agreements that allow persons
or entities to monitor, gather or obtain information used to
advertise, sell or develop a product from any student under 18
years of age unless such agreements require the written
permission of the parent of such student prior to monitoring,
gathering or obtaining such information. Exceptions to the
requirement are: (1) recruitment activities by higher education
institutions; (2) development and administration of tests and
assessments; (3) development and administration of curriculum
and instructional materials; and (4) contact information
collected from a student that is used only to respond directly
to a specific request from the student for a transaction. The
amendment was approved by a vote of 26-20.
Finally, the Committee wishes to make clear that for
purposes of section 14509 relating to protections against
federal control over private and home schools, the phrase ``any
other act administered by the Department'' is not intended to
include civil rights statutes that prohibit discrimination
against individuals such as Title VI of the Civil Rights Act of
1964.
Part F--Sense of the Congress on reducing the reading deficit; Sense of
the Congress on science assessments
The Committee has included in section 14614 a Sense of the
Congress statement on reducing the reading deficit. The
Committee recognizes the significant challenges we face, as a
nation, in overcoming the reading deficit, and is particularly
concerned about estimates of as many as two million students
being placed in special education simply because they cannot
read. Additionally, across the nation 50 million adults are
unable to read. Sixty-nine percent of 4th graders are reading
below the proficient level. Proficient is the level identified
by the National Assessment Governing Board as the reading level
that all students in our nation should reach. Fourth grade
students performing at the proficient level should be able to
demonstrate an overall understanding of the text, providing
inferential as well as literal information. When reading text
appropriate to fourth grade, they should be able to extend the
ideas in the text by making inferences, drawing conclusions,
and making connections to their own experiences. The connection
between the text and what the student infers should be clear.
It is clear that the reduction in the reading deficit is
one of the most significant challenges that the nation must
address. The Committee has found that by applying the findings
of scientifically based research to classroom instruction in
reading, the number of students who cannot read can be
dramatically reduced. In the largest, most comprehensive
evidentiary review ever conducted on how children learn to
read, a Congressionally-mandated National Reading Panel
concluded that the most effective way to teach children to read
is through instruction in phonemic awareness, direct systematic
phonics, reading fluency, spelling, writing, and reading
comprehension strategies.
Perhaps the greatest single impediment to educationally
disadvantaged students is limited reading skills. Reading is
the access skill to all other learning, and many of the
programs authorized in the accompanying bill either directly or
indirectly focus on this fundamental deficit for at risk
students. For many of these students, the Committee urges that
teachers take full advantage of all the tools currently
available to help these learners acquire the skill of reading,
including the use of recorded textbook materials, available
free of charge for needy students, while they are learning to
read on their own.
Another Sense of the Congress provision is included in
section 14615. It relates to state and local science
assessments, and simply states that it is the Sense of Congress
that such assessments should measure a student's ability to
understand scientific facts, results, and concepts, design and
conduct experiments, make arguments based on evidence and data,
and communicate scientific information.
Repeals
Section 602 of the Education OPTIONS Act repeals the
following titles of the Goals 2000: Educate America Act: Title
II, Part A (National Education Goals Panel); Title II, Part C
(Goals Panel Authorization); Title VI (International
Education). Title XI (Coordinated Services) of the ESEA is also
repealed.
In the early 1990s, Congress wrote into law eight national
education goals to be met by the year 2000, and authorized a
National Education Goals Panel to chart the progress of the
nation in meeting the goals. The goals to be met by the year
2000 were: (1) all children will start school ready to learn;
(2) the high school graduation rate will be at least 90
percent; (3) students will master a challenging curriculum at
grades 4, 8, and 12; (4) teachers will have access to
professional development opportunities; (5) U.S. students will
be first in the world in science and math achievement; (6) all
adults will be literate; (7) schools will be free of drugs,
violence and firearms; and (8) every school will promote
parental involvement in education. For several years the
National Education Goals Panel charted the nation's progress
and published various reports. However, as their reports
attest, the nation has unfortunately fallen short in meeting
most of the goals by the year 2000. While the goals may have
served a worthy purpose for their time, the Committee believes
it is unnecessary to extend the goals or the National Education
Goals Panel for an infinite period of time.
In this regard, an amendment was offered to H.R. 4141 by
Mr. Schaffer (R-CO) that repealed the National Education Goals.
The amendment further added a Sense of Congress provision
stating: (1) the Constitution gives states the responsibility
for the general supervision of education; (2) states and school
districts are best suited to increase academic achievement; (3)
states and school districts need maximum liberty in instituting
education reform; (4) the best education decisions are made by
those who know the students best; and (5) states should be
commended for their educational efforts and results. The
amendment passed by voice vote.
The Committee has repealed the coordinated services program
found in Title XI of the Elementary and Secondary Education
Act. Coordination of non-academic related services under ESEA
is far removed from the underlying purposes of federal
elementary and secondary education programs. It is the
responsibility of families, not schools, to meet these needs of
children. Stretching federal education programs into such
tangential areas is an unnecessary diversion of federal
education resources and accordingly the Committee has repealed
Title XI.
Effective date
Section 603 of the bill provides an effective date of
October 1, 2000 or the date of enactment of the bill, whichever
comes later in time.
IDEA funding
During Committee consideration of H.R. 4141, Mr. Tierney
(D-MA) offered an amendment, which was accepted, that requires
a local educational agency that exercises the authority under
IDEA to treat as local funds up to 20 percent of the amount it
received for part B of IDEA that exceeds the amount it received
in the previous fiscal year to spend those additional local
funds to provide funding for programs under ESEA, Class Size
Reduction, School to Work, and programs addressing the digital
divide, school construction, school safety, teacher quality and
after school or related education programs authorized under
federal, state or local law. This amendment is substantially
similar to the amendment Mr. Tierney successfully included in
H. Con. Res. 84, the IDEA Full Funding Resolution.
Section by Section Analysis
Section 1--sets forth the short title as the `Education
Opportunities to Protect and Invest in Our Nation's Students
(Education OPTIONS) Act.'
Section 2--contains the table of contents.
Section 3--states the purpose of the act.
TITLE I--TRANSFERABILITY
Section 101--states the short title as 'State and Local
Transferability Act.'
Section 102--states the purpose of Title I.
Section 103--amends Part B of Title XIV of the Elementary
and Secondary Education Act to provide the provisions regarding
transferability as follows: ``Section 14206 states the
provisions for state transfer authority; states the provisions
for local transfer authority; states the limitation on transfer
authority; states the provisions regarding the state plan and
application modification; states the provisions regarding the
local plan and application modification; states the provisions
regarding applicable rules to transferred funds.''
TITLE II--DRUG AND VIOLENCE PREVENTION AND EDUCATION
Section 201--amends Title IV of the Elementary and
Secondary Education Act to provide the provisions regarding
drug and violence prevention education as follows:
``Section 4001 establishes the short title as `Supporting
Drug and Violence Prevention and Education for Students and
Communities Act of 2000.'
``Section 4002 sets forth the findings.
``Section 4003 establishes the purpose.
``Section 4004 sets the authorization of appropriations.''
``Part A--State grants for drug and violence prevention programs
``Section 4111 sets forth reservations and allotments.
``Section 4112 establishes the within-state distribution of
funds.
``Section 4113 establishes and describes the state
application process.
``Section 4114 establishes and describes the local
educational agency application.
``Section 4115 establishes authorized activities.
``Section 4116 establishes and describes the system of
evaluation and reporting.''
``Part B--National program
``Section 4121 establishes and describes federal
activities.
``Section 4122 establishes a national clearinghouse for
after school programs.''
``Part C--Gun possession
``Section 4131 establishes gun-free school requirements.''
``Part D--General provisions
``Section 4141 sets forth the definitions.
``Section 4142 establishes that drug prevention programs
under this title convey a message that the use of drugs is
wrong and harmful, but prohibits the Secretary from prescribing
specific curricula.
``Section 4143 establishes that any state and local
educational agency receiving funds under this title must have a
policy that prohibits cigarette vending machines and the
illegal possession of drugs or alcohol on school property or
school sponsored events.
``Section 4144 establishes that local educational agencies
shall make a reasonable effort to inform parents or legal
guardians of the content of programs funded under this title,
and shall withdraw a student from any program funded under this
title upon receipt of written notification from the parents or
legal guardian.
``Section 4145 sets forth prohibited uses of funds.
``Section 4146 sets forth that each state must establish a
standard of quality for programs and sets minimum requirements
for such standards.
``Section 4147 authorizes the Secretary to continue to fund
grants received by any school or consortia of schools under
part I of title X (21st Century Community Learning Centers
Program) prior to the enactment of this bill shall continue to
receive funds in accordance with the terms of such award until
the date on which the award period terminates.
``Section 4148 requires that the General Accounting Office
shall submit a report to Congress no later than one year after
the date of enactment, and establishes what such report must
contain.
``Section 4149 establishes that states may provide services
through contracts with charitable, religious, or private
organizations, and sets forth guidelines to direct the exercise
of this authority.
``Section 4150 establishes a policy relating to the
discipline of a child with a disability who possesses or sells
illegal drugs at school, or who commits aggravated assault or
battery at school and establishes a policy relating to the
discipline of a child with a disability who possesses a weapon
at school.''
Section 202--provides local educational agency with
requirements for use of certain funds.
title iii--tech for success
Section 301--amends Title III of the Elementary and
Secondary Education Act as follows:
``Section 3001 provides the short title as the `Tech for
Success Act of 2000.'
``Section 3002 provides for the purpose of the title.''
``Part A--Tech for success grant program
``Subpart 1--General provisions
``Section 3101 sets the authorization of appropriations for
this part and states the funding rule.
``Section 3102 states the definitions for this part.''
Subpart 2--State and local technology for success grants
``Section 3111 provides the provisions regarding allocating
funds to the states and the Bureau of Indian Affairs.
``Section 3112 states the use of allotments by states.
``Section 3113 provides the provisions regarding state
plans.
``Section 3114 provides the provisions regarding local
plans.
``Section 3115 states the permitted state activities and
states the limitation on administrative costs.
``Section 3116 provides the provisions regarding the
required and allowable local activities, including Internet
filtering.''
``Subpart 3--National technology initiatives
``Section 3121 directs the Secretary to carry out national
programs designed to increase academic achievement through
technology, study the effects of technology on academic
achievement and coordinate all federal activities in the
education technology arena.
``Section 3122 provides for the provisions regarding the
requirements for recipients of funds.
``Section 3123 provides the provisions directing the
Secretary to evaluate programs carried out under this subpart
and to disseminate the results.''
``Part B--Ready to learn television
``Section 3201 provides the provisions authorizing the
Secretary to award grants; sets specific limits on
administrative costs; and requires the coordination of federal
activities under this part.
``Section 3202 provides the provisions regarding
applications.
``Section 3203 states that any entity receiving funds under
this part shall submit an annual report to the Secretary for
review.
``Section 3204 sets the authorization of appropriations.''
``Part C--Telecommunications program
``Section 3301 provides the provisions authorizing the
Secretary to make grants to carry out a national
telecommunications-based education program and a digital
education content program.
``Section 3302 sets the authorization of appropriations for
this part.''
title iv--innovative education programs
Section 401--amends Title VI of the Elementary and
Secondary Education Act to provide for the provisions regarding
the Innovative Education Program Strategies provisions as
follows:
``Part A--State and local program
``Section 6001 states the findings and purpose of the
title.
``Section 6101 provides for the provisions for allotments
to states.
``Section 6102 provides for the provisions for allocations
to local educational agencies.''
``Part B--State programs
``Section 6201 provides the provisions for state uses of
funds.
``Section 6202 provides the state application
requirements.''
``Part C--Local innovative education programs
``Section 6301 provides for the targeted uses of funds
available to local educational agencies.
``Section 6302 states the administrative authority for
states and local educational agencies.
``Section 6303 provides the provisions for local
applications.''
``Part D--General provisions
``Section 6401 states the provisions regarding maintenance
of effort and states that funds are to supplement, not supplant
federal funds.
``Section 6402 states the provisions regarding
participation of children enrolled in private schools.
``Section 6403 provides for the provisions regarding
federal technical assistance, rulemaking, and availability of
appropriations.
``Section 6404 states the definitions for the title.
``Section 6405 provides the authorization of
appropriations.''
title V--programs of natoinal significance
Part A--Fund for the improvement of education
Section 501--amends Part A of Title X of the Elementary and
Secondary Education Act as follows:
``Section 10101 prohibits funds for federally sponsored
testing.
``Section 10102 prohibits funds for the federal endorsement
of elementary and secondary school curriculum.
``Section 10103 authorizes programs and projects to be
conducted under the Fund for the Improvement of Education.
``Section 10104 details grants authorized for elementary
and secondary school counseling programs.
``Section 10105 details grants authorized for character
education programs.
``Section 10106 details grants authorized for smaller
learning communities within high schools.
``Section 10107 details general provisions including
competitive awards, special rule, peer review, applications,
evaluations, dissemination of evaluation results, matching
funds, scientifically based research, and authorization of
appropriations.''
Part B--Arts education
Section 511--amends Part D of Title X of the Elementary and
Secondary Education Act to provide for Arts Education
provisions as follows:
``Section 10401 sets forth the findings, purpose, eligible
recipients, and authorized activities; provides for
coordination and consultation for awarding grants and
authorizes appropriations for fiscal years 2000 through 2004.''
Part C--Public charter schools
Section 521--amends Section 10310(1)(H) by inserting ``or
in another nondiscriminatory manner consistent with state
law;'' and provides for the authorization of appropriations.
Part D--Civic education
Section 531--amends Part F of Title X of the Elementary and
Secondary Education Act as follows:
``Section 10601 states the short title as the `Education
for Democracy Act.'
``Section 10602 states the purpose.
``Section 10603 establishes general authority for the
Secretary of Education to award grants.
``Section 10604 establishes the `We the People' program.
``Section 10605 sets the authorization of appropriations.''
Part E--Allen J. Ellender fellowship program
Section 541 amends Part G of title X of the Elementary and
Secondary Education Act of 1965.
``Part G--Allen J. Ellender fellowship program
``Section 10701 states the findings.
``Subpart 1--Program for middle and secondary school
students
``Section 10711 authorizes the Secretary to make grants and
establishes the uses of funds.
``Section 10712 establishes the application requirements.''
``Subpart 2--Program for middle and secondary school
teachers
``Section 10721 authorizes the secretary to make grants and
establishes the uses of funds.
``Section 10722 establishes the application requirements.''
``Subpart 3--Programs for recent immigrants, students of
migrant parents and older Americans
``Section 10731 authorizes the Secretary to makes grants,
sets forth the definition of older American, and establishes
the uses of funds.
``Section 10732 establishes the application requirements.''
``Subpart 4--General provisions
``Section 10741 establishes administrative provisions
regarding payments and audits.
``Section 10742 establishes authorization of
appropriations.''
TITLE VI--GENERAL PROVISIONS
Section 601--amends Title XIV of the Elementary and
Secondary Education Act to provide for the General Provisions
of the act as follows:
``Part A--Definitions
``Section 14101 states the definitions for the act.
``Section 14102 states that Parts B, C, D, E, and F do not
apply to Title VIII of this act.
``Section 14103 provides the provisions regarding the
applicability to schools operated by the Bureau of Indian
Affairs.''
``Part B--Flexibility in the use of administrative and other funds
``Section 14201 provides the provisions regarding the
consolidation of state administrative funds, uses of such
funds, provides that states are not required to keep separate
records, performance review by the Secretary, and unused
administrative funds.
``Section 14202 provides for the provisions regarding
single local educational agency states.
``Section 14203 provides for the provisions regarding the
consolidation of funds for local administration.
``Section 14205 states the provisions regarding the
consolidated set-aside for the Department of Interior funds.''
``Part C--Coordination of programs; consolidated state and local plans
and applications
``Section 14301 states the purpose of this part.
``Section 14302 states the provisions for optional
consolidated state plans or applications.
``Section 14303 provides the provisions for consolidated
reporting.
``Section 14304 provides the provisions for the general
applicability of state educational agency assurances.
``Section 14305 provides the provisions regarding
consolidated local plans or applications.
``Section 14306 provides the provisions regarding other
general assurances.''
``Part D--Waivers
``Section 14401 states the provisions pertaining to waivers
of statutory and regulatory requirements.''
``Part E--Uniform provisions
``Section 14501 provides for the provisions pertaining to
maintenance of effort.
``Section 14502 states that a state shall not consider
federal aid provided under the act in determining state aid
with respect to free public education.
``Section 14503 provides the provisions for granting the
participation of private school children and teachers on an
equitable basis in programs under the act.
``Section 14504 provides the provisions regarding the
standards for by-pass authority.
``Section 14505 provides the provisions for the complaint
process for participation of private school children.
``Section 14506 provides the provisions for the by-pass
determination process.
``Section 14507 states the prohibition against funds for
religious worship or instruction.
``Section 14508 states that nothing in the act shall be
construed to affect home schools.
``Section 14509 states that nothing in the act or any other
act administered by the Department of Education shall be
construed to authorize federal control over any aspect of any
private, religious, or home school regardless of how a state
treats a home school and states that this section shall not be
construed as to bar private, religious, or home schools from
participation in programs or services under the act or any
other act administered by the Department of Education.
``Section 14510 provides for the protection of
constitutionally protected voluntary public school prayer.
``Section 14511 states that nothing in the act shall
prohibit the saying of prayer, reading of a scripture,
performance of religious music or design or construction of a
religious memorial in order to honor the memory of any person
slain on an elementary or secondary school campus and states
that nothing in the act shall be construed as authorizing such
payment for such purposes.
``Section 14512 states that local educational agencies or
elementary and secondary schools may use up to 20 percent of
its administrative funds from any program under the act for the
payment of attorneys fees and related legal services in
defending any legal action claiming that such agency, school or
agent violated the constitutional prohibition against the
establishment of religion.
``Section 14513 provides the provisions regarding general
prohibitions under the act.
``Section 14514 states that nothing in the act shall be
construed to authorize federal control over a state, local
educational agency, or school's curriculum, program of
instruction, or allocation of state and local resources.
``Section 14515 states that the Secretary shall issue
regulations as necessary to ensure compliance with the act.
``Section 14516 provides for the Secretary to report to
Congress regarding compliance of the act.
``Section 14517 states that states are not required to have
content standards or student performance standards approved or
certified by the federal government in order to receive
assistance under the act.
``Section 14518 states the prohibition on federal
endorsement of a national curriculum to be used in elementary
or secondary schools.
``Section 14519 provides for privacy for students.
``Section 14520 prohibits a national database of personally
identifiable student information.''
``Part F--Sense of Congress
``Section 14614 provides the provisions stating a Sense of
Congress regarding reducing the reading deficit.
``Section 14615 provides the provision stating a Sense of
Congress regarding science assessment.
``Section 14616 provides the provision stating a Sense of
Congress regarding `America Achieves Academic Excellence.' ''
Section 602--provides the provisions for programs and other
acts that are repealed under the act.
Section 603--states the effective date as October 1, 2000,
or the date of enactment of the Education OPTIONS Act.
Explanation of Amendments
The Amendment in the Nature of a Substitute is explained in
the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. This bill, H.R. 4141, the Education Opportunities To
Protect and Invest In Our Nation's Students (Education OPTIONS)
Act, authorizes several programs of the Elementary and
Secondary Education Act and provides states and school
districts with increased flexibility. The bill does not prevent
legislative branch employees from receiving the benefits of
this legislation.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. H.R. 4141 authorizes several programs of the
Elementary and Secondary Education Act and provides states and
school districts with increased flexibility. As such, the bill
does not contain any unfunded mandates.
Rollcall Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the body of this report.
New Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the House of Representatives and section 308(a) of the
Congressional Budget Act of 1974 and with respect to
requirements of 3(c)(3) of rule XIII of the House of
Representatives and section 402 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for H.R. 4141 from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 3, 2000.
Hon. William F. Goodling,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4141, the
Education Opportunity to Protect and Invest in our Nation's
Students Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Audra
Millen (for federal costs) and Susan Sieg Tompkins (for the
state and local impact).
Sincerely,
Barry B. Anderson,
(for Dan L. Crippen, Director).
Enclosure.
congressional budget office cost estimate
H.R. 4141--Education Opportunity to Protect and Invest in our Nation's
Students Act
Summary: Programs under the Elementary and Secondary
Education Act of 1965 (ESEA) are authorized through 2000 under
the General Education Provisions Act (GEPA). H.R. 4141 would
extend the authorization for several of these programs through
2005. The bill addresses programs that fund violence and drug
prevention programs, technology education, an education block
grant, and programs of national significance. Because most of
these programs will qualify for an automatic one-year extension
under GEPA, CBO has estimated costs through 2006.
CBO estimates that authorizations under the bill relative
to current law would total about $2.2 billion in 2001 and about
$14 billion over the 2001-2006 period, CBO estimates that
implementing H.R. 4141 would increase outlays by $10.4 billion
assuming appropriations keep pace with inflation, and by $10
billion without such inflation adjustments.
The reauthorization of programs under H.R. 4141 would
provide grants to state and local education agencies and tribal
governments to assist specific populations of students in
meeting state performance standards. The bill contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act (UMRA). Any costs incurred by
state, local, or tribal governments would result from complying
with conditions of aid.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4141 is shown in Table 1. The costs of
this legislation fall within budget function 500 (education,
training, employment, and social services).
TABLE. 1.--ESTIMATED BUDGETARY EFFECTS OF H.R. 4141
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2000 2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
With Adjustments For Inflation
Spending under current law:
Budget authority authorization level\1\............. 1,927 762 150 152 155 0 0
Estimated outlays................................... 1,829 2,064 1,060 357 207 158 46
Proposed changes:
Estimated authorization level....................... 0 2,197 2,231 2,268 2,306 2,499 2,540
Estimated outlays................................... 0 116 1,354 2,035 2,214 2,288 2,435
Spending under H.R. 4141:
Estimated authorization level....................... 1,927 2,960 2,381 2,421 2,461 2,499 2,540
Estimated outlays................................... 1,829 2,180 2,414 2,392 2,421 2,446 2,482
Without Adjustments For Inflation
Spending under current law:
Budget authority authorization level\1\............. 1,927 760 145 145 145 0 0
Estimated outlays................................... 1,829 2,064 1,058 353 200 150 44
Proposed changes:
Estimated authorization level....................... 0 2,162 2,162 2,162 2,162 2,305 2,305
Estimated outlays................................... 0 114 1,331 1,980 2,124 2,160 2,261
Spending under H.R. 4141:
Estimated authorization level....................... 1,927 2,922 2,307 2,307 2,307 2,305 2,305
Estimated outlays................................... 1,829 2,178 2,389 2,333 2,324 2,309 2,305
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals because of rounding.
\1\ The 2000 level is the amount appropriated for that year for the programs that H.R. 4141 would reauthorize.
The 2001 level includes $615 million from an advance appropriation already enacted. Remaining amounts for 2001
and subsequent years are the estimated authorization levels under current law.
CBO's estimate of the total spending under current law for
2001 includes budget authority that was provided in advance
under Department of Education Appropriations Act, 2000,
contained in the Consolidated Appropriations Act, 2000 (Public
Law 106-113) and outlays from both this advanced authority and
funding from previous years. CBO's estimate of proposed changes
under H.R. 4141 does not make any assumptions about advanced
funding. Therefore, estimate of total spending in 2001 under
H.R. 4141 includes the advance appropriation enacted for the
2000-2001 academic year as well as the total estimated funding
under H.R. 4141 for the 2001-2002 academic year.\1\
---------------------------------------------------------------------------
\1\ Funds for education programs are generally provided on an
academic-year basis, so appropriations made in 2000, including any
advances for 2001, are intended for the 2000-2001 academic year.
---------------------------------------------------------------------------
Basis of estimate
H.R. 4141 would reauthorize several existing education
programs that fund violence and drug prevention programs,
technology education, and programs of national significance.
All of the bill's provisions would be subject to appropriation
action. The bill would reauthorize funding for 2000 through
2005; however, programmatic changes would not take effect until
2001. Under GEPA, the programs would automatically be
authorized for an additional year; therefore, CBO estimates
cost through 2006. For the purposes of this estimate, CBO
assumes that H.R. 4141 will be enacted by October 1, 2000, and
that the full amounts authorized would be appropriated by the
beginning of each fiscal year.
In general, the bill would set authorization levels for
2000 equal to the actual appropriations and would authorize the
appropriation of such sums as necessary for the subsequent
years, when the programmatic changes would become effective.
CBO assumes spending levels for 2001 through 2006 will remain
consistent with the 2000 amount unless revisions under the bill
would alter the required funding level. For a small set of
programs, the bill sets specific authorization levels for each
year through 2005.
With adjustments for inflation, CBO estimates the bill
would increase authorized levels by $2.2 billion for 2001 and
by $2.5 billion for 2006. Table 2 provides a detailed breakdown
of CBO's estimates for the various components of titles II
through IV of H.R. 4141, including adjustments for inflation.
CBO estimates no additional costs would result from titles I or
VI.
TABLE 2.--DETAILED EFFECTS OF H.R. 4141, WITH ADJUSTMENTS FOR INFLATION
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------
2000 2001 2002 2003 2004 2005 2006
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law:
Budget authority/authorization level \1\............ 1,927 762 150 152 155 0 0
Estimated Outlays................................... 1,829 2,064 1,060 357 207 158 46
Proposed changes:
Title II--Drug and Violence Prevention and
Education:
State grants for drug and violence prevention
programs:
Estimated authorization level............... 0 959 974 991 1,008 1,025 1,042
Estimated outlays........................... 0 48 672 922 986 1,003 1,020
National programs:
Estimated authorization level............... 0 20 20 20 20 20 20
Estimated outlays........................... 0 1 14 19 20 20 20
Subtotal, Title II:
Estimated authorization level............... 0 979 994 1,011 1,028 1,045 1,062
Estimated outlays........................... 0 49 686 941 1,006 1,023 1,040
Title III--Tech for Success:
Tech for Success Grant Program:
Estimated authorization level............... 0 746 757 771 784 795 808
Estimated outlays........................... 0 39 337 640 725 765 786
Ready to Learn Television:
Estimated authorization level............... 0 16 17 17 17 17 18
Estimated outlays........................... 0 1 7 14 16 17 17
Telecommunication Program:
Estimated authorization level............... 0 9 9 9 9 9 9
Estimated outlays........................... 0 0 4 7 8 9 9
Subtotal, Title III:
Estimated authorization level............... 0 771 783 796 810 822 835
Estimated outlays........................... 0 40 348 661 749 791 812
Title IV--Innovative Education Programs:
Estimated authorization level............... 0 372 378 384 391 398 404
Estimated outlays........................... 0 19 261 358 382 389 396
Title V--Programs of National Significance:
Fund for the Improvement of Education:
Estimated authorization level............... 0 50 50 50 50 50 50
Estimated outlays........................... 0 6 40 49 50 50 50
Arts Education:
Estimated authorization level............... 0 12 12 12 12 13 13
Estimated outlays........................... 0 1 8 11 12 12 12
Public Charter Schools:
Estimated authorization level............... 0 0 0 0 0 158 160
Estimated outlays........................... 0 0 0 0 0 8 110
Civic Education:
Estimated authorization level............... 0 10 10 10 11 11 11
Estimated outlays........................... 0 1 8 10 10 11 11
Allen J. Ellender Fellowships:
Estimated authorization level............... 0 4 4 5 5 5 5
Estimated outlays........................... 0 0 3 4 5 5 5
Subtotal, Title V:
Estimated authorization level............... 0 76 77 77 77 236 239
Estimated outlays........................... 0 8 59 74 77 85 188
Total proposed changes:
Estimated authorization level............... 0 2,197 2,231 2,268 2,306 2,499 2,540
Estimated outlays........................... 0 116 1,354 2,035 2,214 2,288 2,435
Total Spending under H.R. 4141:
Estimated authorization level \1\........... 1,927 2,960 2,381 2,421 2,461 2,499 2,540
Estimated outlays........................... 1,829 2,180 2,414 2,392 2,421 2,446 2,482
----------------------------------------------------------------------------------------------------------------
Note.--Components may not sum to totals because of rounding.
\1\ The 2000 level is the amount appropriated for that year for the programs that H.R. 4141 would reauthorize.
The 2001 level includes $615 million from an advance appropriation already enacted. Remaining amounts for 2001
and subsequent years are the estimated authorization levels under current law.
Most of the programs that would be reauthorized under H.R.
4141 are funded through the education reform and school
improvement budget accounts. The school improvement account
includes several of the currently funded competitive grant
programs, such as the Charter School and Arts in Education
program, as well as formula grant programs that are forward-
funded and broad in their allowable usages, such as the
Innovative Education Program Strategies block grant and the
Safe and Drug Free Schools program. Programs in this account
tend to have a pattern of spending 5 percent in the first year
and 65 percent in the second year. The education reform account
includes most of the technology education programs, which are
predominantly competitive grant programs, as well as the 21st
Century Community Learning Centers program, a relatively new
competitive grant program. Spending under these programs tends
to occur over a longer period, with a pattern of spending 5
percent in the first year, 40 percent in the second, and 40
percent in the third, with the remaining 15 percent over the
subsequent three years.
Title I--Transferability
Title I would allow states and local education agencies
(LEAs) to transfer funds between several formula grant
programs. States would be granted transfer authority over all
of their funds under these programs, whereas LEAs would need
state approval to transfer more than 35 percent of funds under
any single program. No money could be transferred out of funds
provided under Title I of ESEA, but funds from other programs
could supplement programs authorized under that title. CBO
estimates that enactment of title I of H.R. 4141 would not
introduce any additional costs or change the spending patterns
of these programs.
Title II--Drug and violence prevention education
Title II would combine the 21st Century Community Learning
Centers program (21st Century program), currently authorized
under Part I of Title X of ESEA, and the Safe and Drug Free
Schools and Communities Act, authorized under Title IV of ESEA,
into a new Supporting Drug and Violence Prevention and
Education for Students and Communities Act. Total funding for
these two programs in 2000 was $1.05 billion. CBO estimates the
total cost of implementing this title would be $928 million for
2001. Assuming adjustments for inflation, we estimate total
authorizations of $6.2 billion over the 2001-2006 period, with
resulting outlays of $4.7 billion over that period.
Current Law--The 21st Century program funds three-year
competitive grants to LEAs to support before-school and after-
school programs. The 21st Century program was funded at $453
million in 2000.
The Safe and Drug Free Schools and Communities Act has two
components. Part A provides formula grants to states for drug
and violence prevention programs. One-half of the total funding
is allocated based on a state's relative school-aged
population, with the other half based on its relative share of
funding under Title I of ESEA. From each state's allocation, 80
percent is awarded to the State Education Agency (SEA) and 20
percent to the governor for statewide programs. SEAs are
allowed an administrative set-aside of 4 percent and required
to set aside 0.2 percent for Native Hawaiians and 1 percent
each for Native Indians and outlying areas. Of the remainder,
70 percent must be awarded to LEAs based on enrollment and 30
percent to LEAs with the greatest need. Funding for Part A for
the 2000-2001 academic year was $439 million.
The National Activities component, under part B of the Safe
and Drug Free Schools and Communities Act, authorizes
discretionary grants for demonstration projects and evaluations
of drug and violence programs. Under the 1999 appropriations
act, the Congress significantly increased funding for National
Activities initiatives, directing the additional money to be
used to enable LEAs to hire program coordinators for middle
schools and for targeted assistance to LEAs. These directives
resulted in the establishment of the Middle School Drug
Prevention and School Safety Coordinators program (Middle
School Coordinator program), and the Safe Schools/Healthy
Students program, a joint initiative with the Departments of
Education, Justice, and Health and Human Services. Total
funding for National Programs for 2000 was $161 million, of
which $82 million was directed for the Safe Schools/Healthy
Students initiative and $50 million for the Middle School
Coordinator program.
Part A--State Grants for Drug and Violence Prevention
Programs.--Part A of the Supporting Drug and Violence
Prevention and Education for Students and Communities Act,
would continue the state grant component of the Safe and Drug
Free Schools and Communities Act, and expand the authorized use
of funds to include both after-school programs and the hiring
of program coordinators for drug and violence prevention
programs in grades six through nine. The combined funding level
for these three activities for the 2000-2001 academic year was
$943 million.
Under H.R. 4141, grants would be allocated among states and
within states in basically the same manner that grants are
currently allocated under the Safe and Drug Free Schools and
Communities Act. However, because total funding for the new
program would be almost twice the level under the current Safe
and Drug Free state grant program alone, the set-aside
percentages would be reduced accordingly. While the current
governors' allocation is 20 percent of the state allocation for
the Safe and Drug Free School and Communities program, it would
be 10 percent of the total allocation under the new program.
Likewise, the set-aside for Native Indians and outlying areas
would be revised from the current 1 percent of the Safe and
Drug Free School funds to 0.5 percent of the total funds under
the new program or $5.2 million, whichever is greater. The set-
aside for Native Hawaiians would be continued.
Because grants under the 21st Century and Middle School
Coordinator programs are currently awarded directly to LEAs,
the structure of the new program would not authorize the direct
continuation of grants made under these programs prior to the
enactment of H.R. 4141. However, since the new program would
authorize the activities currently funded under these programs.
CBO estimates that total funding for such activities would
remain consistent with the 2000 funding level.
Currently, funds from the 21st Century competitive grant
program demonstrate a slower spending pattern than the formula
grants to states under the Safe and Drug Free Schools and
Communities Act. CBO estimates that the funds from this new
program would demonstrate a spending pattern consistent with
the Safe and Drug Free Schools and Communities state grants,
since it would allocate funds in the same way.
CBO estimates that the bill would authorize total funding
for part A of the new Supporting Drug and Violence Prevention
and Education for Students and Communities Act for 2001 at $959
million, increasing to $1,042 million in 2006, assuming
adjustments for inflation.
Part B--National Programs.--H.R. 4141 would remove some
activities currently authorized under the national programs
component of the Safe and Drug Free Schools and Communities
Act, but most current programs would continue to be authorized.
Excluding funds for the coordinator initiative, whose
activities would now be authorized under part A, the 2000
funding level for national programs totaled $111 million.
H.R. 4141 would require the Secretary of Education to
establish a national clearinghouse for after-school programs
out of funds made available for national programs. Based on
information from the department, CBO estimates a total cost of
the clearinghouse would be $7.5 million over five years,
starting in 2001.
In addition, part D of this title would authorize the
Secretary to use funds appropriated for part B to award
continuation grants for the 21st Century program and the Middle
School Coordinator program. Based on information from the
Department of Education, continuation of existing grants under
the existing 21st Century program would cost $405 million in
2001 and $253 million in 2002. For the Middle School
Coordinator program, the department estimates continuation
grants would cost $48 million in 2001 and $38 million in 2002.
In contrast, H.R. 4141 would cap the authorized funding
level for national programs at $20 million for each year of the
reauthorization. Clearly, this level is insufficient to
maintain the current funding level for existing programs under
this part or to support continuation grants for the 21st
Century program or the Middle School Coordinator program. CBO
estimates a spending rate consistent with programs currently
funded under this program, which would result in outlays of $94
million over the 2001-2006 period.
Title III--Tech for success
Title would reauthorize several technology education
programs, currently funded under Title III of ESEA. It would
consolidate several activities into a new Tech for Success
Grant Program, reauthorize the Ready to Learn Television
Program, and expand the Telecommunications Demonstration
Project for Mathematics. CBO estimates authorizations under
this title would be $771 million for 2001 and $4.8 billion for
the 2001-2006 period, with resulting outlays over this period
of $3.4 billion. Comparable funding for 2000 was $756 million.
Part A--Tech for Success Grant Program.--The Tech for
Success Grant Program under H.R. 4141 would consolidate the
activities currently funded under the Literacy Challenge Fund,
the Innovation Challenge Fund, the Technology Leadership,
Teacher Training, Community-based Centers, and the Star Schools
programs, all currently authorized under Part A of Title III of
ESEA. The combined funding level for these programs for 2000
was $731 million. The Literacy Challenge Fund, the largest of
these current programs with a 2000 funding level of $425
million, is allocated to states based on their relative share
of funds under Part A of Title I of ESEA and among LEAs on a
competitive basis. The remaining programs fund competitive
grants to various education entities.
H.R. 4141 would allow 5 percent of total funds to be used
for National Technology Initiatives, set aside the greater of
$2.125 million or 0.305 percent of total funds for schools
operated by the Bureau of Indian Affairs within the Department
of the Interior, and set aside an equivalent amount for
outlying areas.
The bill would allocate 50 percent of available funds under
the Tech for Success Grant Program to states based on their
relative share of funds Part A of Title I of ESEA and 50
percent based on enrollment. States would be allowed to set
aside 5 percent of their funds for state-level activities. H.R.
4141 would require states to distribute their remaining funds
to LEAs, 80 percent based on a state-determined formula and 20
percent through competitive grants.
H.R. 4141 would require the Secretary to conduct a long-
term study on the effectiveness of technology education on
student outcomes. Based on information from the department, CBO
estimates a total cost of the study would be $8 million over
four years. H.R. 4141 would authorize continuation of multiyear
grants made under Title III of ESEA prior to enactment of H.R.
4141. Funds available for grants under the new program would be
reduced accordingly. The spending rate is currently the same
for each of these programs, and CBO assumes spending under the
Tech for Success Program would continue at the same rate.
The bill would also expand the authorized use of funds to
include purchasing laptop computers, would require that 20
percent of funds be used for professional development
activities, and would require schools that purchase computers
for Internet use to filter harmful material. CBO estimates that
these provisions would have no effect on spending.
CBO estimates that the bill would authorize a funding level
for 2001 for the Tech for Success Grant Program of $746
million. We estimate that authorizations over the 2001-2006
period would total $4.7 billion with resulting outlays of $3.3
billion.
Part B--Ready to Learn Television.--H.R. 4141 would
reauthorize the Ready to Learn Television program, currently
authorized under Part C of Title III of ESEA. The 2000 funding
level was $16 million and H.R. 4141 would not introduce any
significant revision to the program. Under H.R. 4141, CBO
estimates authorizations for this program for the 2001-2006
period totaling $102 million. CBO assumes spending would remain
consistent with current rates.
Part C--Telecommunications Program.--H.R. 4141 would
introduce a new program that would expand on the existing
Telecommunications Demonstration Project for Mathematics,
currently authorized under Part D of Title III of ESEA. The
current program supports an online professional development
network for mathematics educators to share teaching strategies.
The new program would be more extensive and include educators
from all core funding for 2000 was $8.5 million and CBO
estimates that authorized funding for the new program under
H.R. 4141 would be $8.6 million for 2001. CBO assumes spending
to remain consistent with current rates.
Title IV--Innovative education programs
H.R. 4141 would continue a block grant program, currently
authorized under Title VI of ESEA. The bill would specify a few
additional authorized activities, such as programs that provide
same-gender classrooms or schools, community service projects,
and public school choice initiatives. However, the current
program authorizes a broad range of activities, and CBO
estimates authorized funding would remain consistent with the
2000-2001 academic year level of $366 million. CBO estimates
the total cost of implementing this title would require an
appropriation of $372 million in 2001. CBO estimates total
authorizations over the 2001-2006 period of $2.3 billion, with
outlays of $1.8 billion over that period, assuming adjustments
for inflation.
Title V--Programs of national significance
Title V would reauthorize certain programs currently funded
under the Fund for the Improvement of Education, extend the
authorization of the Charter Schools program, and reauthorize
the Civic Education, Arts in Education, and Ellender Fellowship
Programs. CBO estimates that enactment of this title would
increase authorizations by $76 million in 2001 and $781 million
over the 2001-2006 period. We estimate outlays over the six-
year period of $492 million. Total funding for these programs
in 2000 was $412 million.
Part A--Fund for the Improvement of Education.--H.R. 4141
would streamline the authorized activities under the Fund for
the Improvement of Education, currently authorized under Part A
of Title X of ESEA. It would cap authorized spending for the
program at $50 million, less than one-fourth of the 2000
funding level of $244 million.
Part B--Arts in Education.--H.R. 4141 would reauthorize the
Arts in Education program, currently authorized under Part D of
Title X of ESEA. It would not extend the authority for the
Cultural Partnerships for At-Risk Youth, which has never been
funded. CBO estimates authorizations for the 2001-2006 period
for the Arts in Education program under H.R. 4141 would be $73
million. Funding for 2000 was $11.5 million.
Part C--Charter Schools.--H.R. 4141 would extend the
authorization of the Charter School program through 2005 plus
the one-year extension under GEPA. The Charter School program
is currently authorized through 2003 under the Charter School
Expansion Act of 1998 and through 2004 under GEPA. Thus, CBO
estimates no additional costs for this program for the 2001-
2004 period. We estimate authorizations of $158 million in 2005
and $160 million in 2006, assuming adjustments for inflation.
Part D--Civic Education.--H.R. 4141 would reauthorize the
Civic Education program, currently authorized under Part F of
Title X of ESEA. Assuming adjustments for inflation, CBO
estimates that H.R. 4141 would provide additional
authorizations of $63 million for the 2001-2006 period for this
program. The 2000 funding level was $9.85 million. CBO
estimates the program will continue to spend funds at its
current rate.
Part E--Allen J. Ellender Fellowship Program.--H.R. 4141
would authorize $4.4 million for 2001 to continue the Allen J.
Ellender Fellowship program, and such sums as may be necessary
for the following four years. The funding level for 2000 was
$1.5 million.
Pay-as-you-go considerations: None.
Estimated impact on State, local, and tribal governments:
HR 4141 would reauthorize certain sections of the Elementary
and Secondary Education Act of 1965 that provide over $2
billion in grants to state and local education agencies and
tribal governments to support their efforts to improve
educational opportunities and performance for specific
populations of students. The bill contains no intergovernmental
mandates as defined in UMRA; any costs to state, local, or
tribal governments as a result of enactment of this bill would
be incurred voluntarily, as conditions of aid.
Estimated impact on the private sector: The bill contains
no private-sector mandates as defined in UMRA.
Previous CBO estimates: On March 31, 2000, CBO transmitted
a cost estimate for S. 2, as ordered reported by the Senate
Committee on Health, Education, Labor, and Pensions on March 9,
2000. That bill would reauthorize several education programs,
including those addressed in this bill, with some variations
from the authorizations under H.R. 4141. For example, S. 2
would not consolidate the current Safe and Drug Free Schools
program and the 21st Century programs, would authorize a higher
funding level for the Fund for the Improvement of Education,
would increase funding for Charter Schools, and would
consolidate other programs into the existing Innovative
Education Program Strategies block grant.
H.R. 4141 marks the sixth in a series of bills ordered
reported during the 106th Congress that will comprise the
House's comprehensive reauthorization of ESEA and related
education acts. CBO prepared estimates of the five previous
bills:
H.R. 1995, as ordered reported by the House
Committee on Education and the Workforce on June 30,
1999, would consolidate funding for teacher training
initiatives. (See CBO estimate dated July 1, 1999.)
H.R. 2300, as ordered reported by the House
Committee on Education and the Workforce on October 13,
1999, would authorize the Straight A's program to
consolidate funding under several education programs.
(See CBO estimate dated October 15, 1999.)
H.R. 2, as reported by the House Committee on
Education and the Workforce on October 18, 1999,
addressed Education for the Disadvantaged, Rural
Education, Education for the Homeless, Education for
Indians, Native Hawaiians, and Alaska Natives, and the
Magnet School and Charter School programs. (See CBO
estimate dated October 19, 1999.)
H.R. 3616, as ordered reported by the House
Committee on Education and the Workforce on February
16, 2000, would reauthorize the Impact Aid program.
(See CBO estimate dated February 28, 2000.)
H.R. 3222, as ordered reported by the House
Committee on Education and the Workforce on February
16, 2000, would reauthorize the Even Start Family
Literacy and Inexpensive Book Distribution programs.
(See CBO estimate dated February 28, 2000.)
Estimate prepared by: Federal costs: Audra Millen; impact
on State, local, and Tribal governments: Susan Sieg Tompkins;
impact on the private sector: Michelle Jewett.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Statement of Oversight Findings of the Committee on Government Reform
With respect to the requirement of clause 3(c)(4) of Rule
XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform on the
subject of H.R. 4141.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress in the
Constitution to enact the law proposed by H.R. 4141. The
Committee believes that the amendments made by this bill to the
Elementary and Secondary Education Act are within Congress'
authority under Article I, section 8, clause 1 of the
Constitution.
Committee Estimate
Clauses 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4141. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
[TITLE III--TECHNOLOGY FOR EDUCATION
[SEC. 3101. SHORT TITLE.
[This title may be cited as the ``Technology for Education
Act of 1994''.
[PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS
[SEC. 3111. 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. 3112. 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. 3113. 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. 3114. 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 1995 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 1995 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
3136.
[(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 3131, 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 3136.
[SEC. 3115. 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. 3121. 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
Improving America's Schools Act of 1994, 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 3123 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. 3122. 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. 3123. 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 Improving America's Schools
Act of 1994.
[Subpart 2--State and Local Programs for School Technology Resources
[SEC. 3131. 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 3114(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
3115(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. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
[(a) Grants to States.--
[(1) In general.--From amounts made available under
section 3131, the Secretary, through the Office of
Educational Technology, shall award grants to State
educational agencies having applications approved under
section 3133.
[(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 3134.
[(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 3133; and
[(2) offer such technical assistance to such local
educational agencies.
[SEC. 3133. 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. 3134. LOCAL USES OF FUNDS.
[Each local educational agency, to the extent possible, shall
use the funds made available under section 3132(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. 3135. LOCAL APPLICATIONS.
[Each local educational agency desiring assistance from a
State educational agency under section 3132(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. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.
[(a) Grants Authorized.--
[(1) In general.--From amounts made available under
section 3115(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 3134.
[(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. 3137. 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 Improving
America's Schools Act of 1994 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. 3141. 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. 3151. 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. 3201. SHORT TITLE.
[This part may be cited as the ``Star Schools Act''.
[SEC. 3202. 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. 3203. 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. 3204. 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 $35,000,000 for fiscal year 1995, 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 assistance 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. 3205. ELIGIBLE ENTITIES.
[(a) Eligible Entities.--
[(1) Required participation.--The Secretary may make
a grant under section 3204 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. 3206. APPLICATIONS.
[(a) Applications Required.--Each eligible entity which
desires to receive a grant under section 3204 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 3204, 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 3204, the Secretary shall, to
the extent feasible, ensure an equitable geographic
distribution of services provided under this part.
[SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.
[(a) Reservation.--From the amount appropriated pursuant to
the authority of section 3204(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. 3208. 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. 3209. ADMINISTRATIVE PROVISIONS.
[(a) Continuing Eligibility.--
[(1) In general.--In order to be eligible to receive
a grant under section 3204 for a second 3-year grant
period an eligible entity shall demonstrate in the
application submitted pursuant to section 3206 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 3204 in acquiring satellite time,
where appropriate, as economically as possible.
[SEC. 3210. 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. 3301. 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 3302(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. 3302. 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. 3303. 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. 3304. APPLICATIONS.
[Each eligible entity desiring a grant, contract, or
cooperative agreement under section 3301 or 3303 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. 3305. REPORTS AND EVALUATION.
[(a) Annual Report to Secretary.--An entity receiving funds
under section 3301 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 3302(a); and
[(2) a description of the training materials made
available under section 3303(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. 3306. ADMINISTRATIVE COSTS.
[With respect to the implementation of section 3302, 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. 3307. 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. 3308. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out this part, $30,000,000 for fiscal year 1995, 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 3302.
[(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 3303(1)(C).
[PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS
[SEC. 3401. 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. 3402. 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. 3403. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part, $5,000,000 for the fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years.
[PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
[SEC. 3501. SHORT TITLE.
[This part may be cited as the ``Elementary Mathematics and
Science Equipment Act''.
[SEC. 3502. 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. 3503. PROGRAM AUTHORIZED.
[The Secretary is authorized to make allotments to State
educational agencies under section 3504 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. 3504. ALLOTMENTS OF FUNDS.
[(a) In General.--From the amount appropriated under section
3509 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. 3505. 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 3506 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. 3506. 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. 3507. 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 3506(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. 3508. 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. 3509. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $30,000,000 for
fiscal year 1995, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out this part.
[TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
[SEC. 4001. SHORT TITLE.
[This title may be cited as the ``Safe and Drug-Free Schools
and Communities Act of 1994''.
[SEC. 4002. FINDINGS.
[The Congress finds as follows:
[(1) 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. 4003. 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. 4004. FUNDING.
[There are authorized to be appropriated--
[(1) $630,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the four succeeding
fiscal years, for State grants under subpart 1; and
[(2) $25,000,000 for fiscal year 1995, 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. 4011. RESERVATIONS AND ALLOTMENTS.
[(a) Reservations.--From the amount made available under
section 4004(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 4117(a);
and
[(4) shall reserve 0.2 percent of such amount for
programs for Native Hawaiians under section 4118.
[(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 (or, for fiscal year 1995 only,
sections 1005 and 1006 of this Act as such
sections were in existence on the day preceding
the date of enactment of the Improving
America's Schools Act of 1994) 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. 4112. STATE APPLICATIONS.
[(a) In General.--In order to receive an allotment under
section 4111 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 4117(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 4113(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 4116;
[(3) a description of how the State educational
agency will use funds under section 4113(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 4113(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 4115.
[(c) Governor's Funds.--A State's application under this
section shall also contain a comprehensive plan for the use of
funds under section 4114(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 4114(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 4114(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
1995 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 1995 unless the
Secretary has approved such State's application and
comprehensive plan in accordance with this subpart.
[SEC. 4113. 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 4111 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, 1994, 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 4111 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 4115 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. 4114. 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
4111(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. 4115. LOCAL APPLICATIONS.
[(a) Application Required.--
[(1) In general.--In order to be eligible to receive
a distribution under section 4113(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. 4116. 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.
[(d) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995,
under part B of the Drug-Free Schools and Communities Act of
1986 (as in effect prior to enactment of the Improving
America's Schools Act) for the support of a comprehensive
school health program shall be deemed to have been authorized
by part B of such Act.
[SEC. 4117. 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, 1998, 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, 1997, 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 4114 and section
4113(b) and local educational agency programs
under section 4113(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
4112.
[(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. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
[(a) General Authority.--From the funds made available
pursuant to section 4111(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. 4121. FEDERAL ACTIVITIES.
[(a) Program Authorized.--From funds made available to carry
out this subpart under section 4004(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
4117(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. 4123. HATE CRIME PREVENTION.
[(a) Grant Authorization.--From funds made available to carry
out this subpart under section 4004(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. 4131. 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. 4132. 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. 4133. 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. 4134. 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 III--TECH FOR SUCCESS
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Tech for Success Act of
2000''.
SEC. 3002. PURPOSE.
The purposes of this title are as follows:
(1) To provide assistance to states and localities
for implementing innovative technology initiatives
which lead to increased student academic achievement
and which may be evaluated for effectiveness and
replicated if successful.
(2) To encourage the establishment or expansion of
initiatives, especially those involving public/private
partnerships, designed to increase access to
technology, particularly in high need local educational
agencies.
(3) To promote initiatives which provide school
administrators and teachers with the capacity to
effectively utilize technology in ways which integrate
such technology with challenging State content and
student performance standards, through such means as
high quality professional development programs.
(4) To support the development of electronic networks
and other innovative methods, such as distance
learning, of delivering challenging courses and
curricula for students who would otherwise not have
access to such courses and curricula, especially in
isolated regions.
(5) To support the rigorous evaluation of programs
funded under this title, especially the impact of such
initiatives on student academic performance, and
ensuring timely information on the results of such
evaluations are widely accessible through electronic
means.
(6) To support local efforts for the use of
technology to promote parent and family involvement in
education and communication among parents, teachers and
students.
PART A--TECH FOR SUCCESS GRANT PROGRAM
Subpart 1--General Provisions
SEC. 3101. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
(a) In General.--There are authorized to be appropriated to
carry out this part--
(1) $731,305,000 for fiscal year 2000; and
(2) such sums as may be necessary for each of the 5
succeeding fiscal years.
(b) Allocation of Funds Between National and State and Local
Initiatives.--Except as provided in subsection (c), the amount
of funds made available under subsection (a) shall be allocated
as follows:
(1) Not less than 95 percent shall be made available
for State and local technology initiatives pursuant to
subpart 2.
(2) Not more than 5 percent may be made available for
activities of the Secretary under subpart 3.
(c) Continuation of Funding for Former Programs.--
(1) In general.--Using funds made available under
subsection (a), the Secretary is authorized to continue
funding multiyear grants under this title (as in effect
prior to the enactment of the Education OPTIONS Act)
which were awarded prior to fiscal year 2001 for the
duration of the original grant period.
(2) Reduction in amount available.--The amount of
funds allocated under subsection (b) between State and
local technology initiatives and activities of the
Secretary shall be reduced by the amount used by the
Secretary to continue funding former programs under
paragraph (1).
SEC. 3102. DEFINITIONS.
For purposes of this part, the following definitions shall
apply:
(1) In this part and part B, the term ``distance
learning'' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
(2) The term ``eligible local entity'' means--
(A) a high need local educational agency; or
(B) an eligible local partnership.
(3) The term ``eligible local partnership'' means a
partnership that includes at least one high need local
educational agency and at least one--
(A) local educational agency that can
demonstrate that teachers in schools served by
that agency are using technology effectively in
their classrooms;
(B) institution of higher education;
(C) for-profit business or organization that
develops, designs, manufactures, or produces
technology products or services, or has
substantial expertise in the application of
technology;
(D) public or private non-profit organization
with demonstrated experience in the application
of educational technology; or
(E) local educational agency which has the
potential to become an exemplary model for
wide-scale adoption by other local educational
agencies on how to effectively integrate
technology and proven research-based teaching
practices which result in improvement in
classroom instruction in the core academic
subject areas, and the preparation of students
to meet challenging State content and student
performance standards.
(4) The term ``emerging technologies'' means the
applications that can result from the development of
high-speed, broad band telecommunications networks and
more powerful computer systems.
(5) The term ``high need local educational agency''
means a local educational agency which serves an
elementary or secondary school located in an area--
(A) in which there is a high percentage of
individuals 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));
or
(B) which is identified by the State as an
area with--
(i) limited access to advanced
telecommunications services,
(ii) a high ratio of students to
computers within the school, or
(iii) a high proportion of teachers
who are not computer-proficient.
(6) The term ``scientifically based research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to education
technology; and
(B) shall include research which--
(i) employs systematic, empirical
methods which draw on observation or
experiment,
(ii) involves rigorous data analyses
which are adequate to test the stated
hypotheses and justify the general
conclusions drawn,
(iii) relies on measurements or
observational methods which provide
valid data across evaluators and
observers and across multiple
measurements and observations, and
(iv) has been accepted by a peer
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
Subpart 2--State and Local Technology for Success Grants
SEC. 3111. DETERMINATION OF AMOUNT OF STATE ALLOTMENT.
(a) In General.--Except as otherwise provided in this
subpart, each State shall be eligible to receive a grant under
this subpart for a fiscal year in an allotment determined as
follows:
(1) 50 percent shall bear the same relationship to
the amount made available under section 3101(b)(1) for
such year as the amount such state received under part
A for title I for such year bears to the amount
received for such year under such part by all States.
(2) 50 percent shall be determined on the basis of
the State's relative population of individuals age 5
through 17, as determined by the Secretary on the basis
of the most recent satisfactory data.
(b) Reservation of Funds for Bureau of Indian Affairs and
Outlying Areas.--Of the amount made available to carry out this
subpart under section 3101(b)(1) for a fiscal year--
(1) the Secretary shall reserve .305 percent (or
$2,125,000, whichever is greater) for the Secretary of
the Interior for programs under this subpart for
schools operated or funded by the Bureau of Indian
Affairs; and
(2) the Secretary shall reserve .305 percent (or
$2,125,000, whichever is greater) to provide assistance
to the outlying areas.
(c) Minimum Allotment.--The amount of any State's allotment
under subsection (a) for any fiscal year may not be less than
one-half of one percent of the amount made available under
section 3101(b)(1) for such year.
(d) Reallotment of Unused Funds.--If any State does not apply
for an allotment under this subpart for a fiscal year, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
SEC. 3112. USE OF ALLOTMENT BY STATE.
(a) In General.--Except as provided in subsection (b), of the
amount provided to a State from its allotment under section
3111--
(1) the State may use not more than 5 percent to
carry out activities under section 3115; and
(2) not less than 95 percent shall be distributed to
local educational agencies by the State as follows:
(A) At least 80 percent shall be used for
activities described in section 3116, to be
distributed through a formula developed by the
State which shall target funds to high need
local educational agencies which have submitted
plans to the State under section 3114, and
which may (at the option of the State)--
(i) be the formula used by the State
to award grants to local educational
agencies under section 3132 (as in
effect prior to the enactment of the
Education OPTIONS Act); and
(ii) set a minimum amount that may be
provided to any recipient.
(B) Not more than 20 percent shall be awarded
through a State-determined competitive process
to eligible local entities which have submitted
plans to the State under section 3114, to be
used to carry out activities consistent with
this part.
(b) Continuation of Funding for Former Programs.--
(1) In general.--From funds made available under this
subpart, a State is authorized to continue funding
multiyear grants awarded prior to fiscal year 2001
under section 3132 of this title (as in effect prior to
the enactment of the Education OPTIONS Act), for the
duration of the original grant period.
(2) Reduction in amount available for other
activities.--The amount available for a State to use
under subsection (a) shall be reduced by the amount
used by the State to continue funding former programs
under paragraph (1).
SEC. 3113. STATE PLANS.
(a) In General.--To be eligible to receive a grant under this
subpart, a State shall submit a new or updated statewide, long-
range strategic educational technology plan to the Secretary at
such time, in such manner, and containing such information as
the Secretary may reasonably require.
(b) Contents.--Each State plan submitted under this section
shall include the following:
(1) A description of how the State will use funds
provided under this subpart to improve the academic
achievement of all students and to improve the capacity
of all teachers to provide instruction in the State,
through the use of education technology.
(2) A description of the State's goals for using
advanced technology to improve student achievement
aligned to challenging State content and student
performance standards, including a description of how
the State will take steps to ensure that all students
in the State, particularly those residing in districts
served by high need local educational agencies, will
have increased access to educational technology.
(3) A description of the process the State will use
for the evaluation of the extent to which education
technology funded under this part has been successfully
integrated into teaching strategies and school
curriculum, has increased the ability of teachers to
teach, and has enabled students to meet challenging
State content and student performance standards.
(4) A description of how the State will encourage the
development and utilization of innovative strategies
for the delivery of specialized or rigorous academic
courses and curricula through the use of technology and
distance learning, particularly for those areas of the
State which are isolated and which would not otherwise
have access to such courses and curricula.
(5) An assurance that financial assistance provided
under this subpart shall supplement, not supplant,
State and local funds.
(6) A description of how the State plans to ensure
that every teacher within a school funded under this
part will be computer-literate and proficient (as
determined by the State) by 2004.
(c) Deemed Approval.--A State plan submitted to the Secretary
under this section shall be deemed to be approved by the
Secretary unless the Secretary makes a written determination
prior to the expiration of the 90-day period which begins on
the date the Secretary receives the application that the plan
is in violation of the provisions of this part.
(d) Disapproval.--The Secretary may issue a final disapproval
of a State's application under this subpart only after giving
the State notice and an opportunity for a hearing.
(e) Dissemination of Information on State Plans.--The
Secretary shall establish a process under which information on
State plans under this subpart is made widely available to
schools and the general public, including through dissemination
on the Internet, in a timely and user-friendly manner.
SEC. 3114. LOCAL PLANS.
(a) In General.--An applicant seeking to receive funds from a
State under this subpart shall submit a new or updated long-
range local strategic educational technology plan consistent
with the objectives of the statewide education technology plan
described in section 3113(a) to the State at such time, in such
manner, and accompanied by such information as the State may
reasonably require.
(b) Contents of Local Plan.--Each local plan described in
this section shall include the following:
(1) A description of how the applicant will use
Federal funds provided under this subpart to improve
the academic achievement of all students and to improve
the capacity of all teachers to provide instruction
through the use of education technology.
(2) A description of the applicant's specific goals
for using advanced technology to improve student
achievement aligned to challenging State content and
student performance standards, including a description
of how the applicant will take steps to ensure that all
students in the local educational area (particularly
those in high poverty and high need schools) have
increased access to educational technology, and a
description of how such technology will be used to
improve the academic achievement for such students.
(3) A description of how the applicant will promote--
(A) the utilization of teaching strategies
and curricula, based upon scientifically based
research, which effectively integrate
technology into instruction, leading to
improvements in student academic achievement as
measured by challenging State content and
student performance standards; and
(B) sustained and intensive, high quality
professional development, based upon
scientifically based research, which increases
teacher capacity to create improved learning
environments through the integration of
technology into instruction through proven
strategies and improved content as described in
subparagraph (A).
(4) A description of how the applicant will integrate
technology across the curriculum and a time line for
such integration, including a description of how the
applicant will make effective use of new and emerging
technologies and teaching practices that are linked to
such emerging technologies to provide challenging
content and improved classroom instruction.
(5) A description of how the applicant will
coordinate education technology activities funded under
this subpart, including (but not limited to)
professional development, with any such activities
provided under other Federal, State, and local
programs, including those authorized under title I,
title II, title VI, and (where applicable) the
Individuals with Disabilities Education Act and the
Carl D. Perkins Vocational and Technical Education Act
of 1998.
(6) A description of the process the applicant will
use for the evaluation of the extent to which funds
provided under this subpart were effective in
integrating technology into school curriculum,
increasing the ability of teachers to teach, and
enabling students to meet challenging State content and
student performance standards.
(7) If requested by the State--
(A) a description of how the applicant will
use funds provided under this subpart in a
manner which is consistent with any broad
education technology priorities which may be
established by the State consistent with this
part; and
(B) an assurance that any technology obtained
with funds provided under this subpart will
have compatibility and interconnectivity with
technology obtained with funds provided
previously under this title (as in effect prior
to the enactment of the Education OPTIONS Act).
(8) A description of the applicant's Internet
filtering or blocking technology and related
enforcement policies.
SEC. 3115. STATE ACTIVITIES.
(a) In General.--From funds made available under section
3112(a)(1), a State shall carry out activities and assist local
efforts to carry out the purposes of this part, which may
include the following activities:
(1) Developing or assisting applicants in the
development and utilization of innovative strategies to
deliver rigorous academic programs through the use of
technology and distance learning, and providing other
technical assistance to such applicants throughout the
State, with a priority to high need local educational
agencies.
(2) Establishing or supporting joint public and
private initiatives to provide interest-free or reduced
loans for the acquisition of educational technology for
high need local educational agencies and students
attending schools within such districts.
(3) Assisting applicants in providing sustained and
intensive high-quality professional development based
upon scientifically based research in the integration
of advanced technologies (including emerging
technologies) into curriculum and in using those
technologies to create new learning environments,
including training in the use of technology to--
(A) access data and resources to develop
curricula and instructional materials;
(B) enable teachers to use the Internet to
communicate with other teachers and to retrieve
web-based learning resources; and
(C) lead to improvements in classroom
instruction in the core academic subject areas,
which effectively prepare students to meet
challenging State content and student
performance standards.
(4) Assisting applicants in providing all students
(including students from nontraditional populations,
students with disabilities, and students with limited
English proficiency) with access to educational
technology.
(5) Establishing or expanding access to technology in
neighborhoods served by high need local educational
agencies, with special emphasis for access provided
through technology centers in partnership with
libraries and with the support of the private sector.
(6) Developing enhanced performance measurement
systems to determine the effectiveness of education
technology programs funded under this subpart,
especially in determining the extent to which education
technology funded under this part has been successfully
integrated into teaching strategies and school
curriculum, has increased the ability of teachers to
teach, and has enabled students to meet challenging
State content and student performance standards.
(b) Limitation on Administrative Costs.--Of the 5 percent of
the State's allotment under section 3111 which may be used to
carry out activities under this section, not more than 10
percent may be used by the State for administrative costs.
SEC. 3116. LOCAL ACTIVITIES.
(a) Professional Development.--A recipient of funds made
available under section 3112(a)(2)(A) shall use not less than
20 percent of such funds to provide sustained and intensive,
high-quality professional development, based on scientifically
based research, in the integration of advanced technologies
(including emerging technologies) into curriculum and in using
those technologies to create new learning environments,
including training in the use of technology to--
(1) access data and resources to develop curricula
and instructional materials;
(2) enable teachers to use the Internet to
communicate with other teachers and retrieve web-based
learning resources; and
(3) lead to improvements in classroom instruction in
the core academic subject areas, which effectively
prepare students to meet challenging State content and
student performance standards.
(b) Other Activities.--In addition to the activities
described in subsection (a), a recipient of funds made
available under section 3112(a)(2)(A) shall use such funds to
carry out other activities consistent with this part, which may
include the following:
(1) Adapting or expanding existing and new
applications of technology to enable teachers to
increase student academic achievement through the use
of teaching practices and advanced technologies which
are based upon scientifically based research and are
designed to prepare students to meet challenging State
content and student performance standards, and for
developing and utilizing innovative strategies to
deliver rigorous academic programs.
(2) Developing, expanding, or acquiring education
technology as a means to improve the academic
achievement of all students.
(3) The establishment or expansion of initiatives,
especially those involving public/private partnerships,
designed to increase access to technology, particularly
for high need local educational agencies.
(4) Using technology to promote parent and family
involvement and support communications between parents,
teachers, and students.
(5) Acquiring filtering, blocking, or other
technologies and activities which are designed to
protect students from harmful materials which may be
accessed on the Internet.
(6) Using technology to collect, manage, and analyze
data to inform school improvement efforts.
(7) Implementing enhanced performance measurement
systems to determine the effectiveness of education
technology programs funded under this subpart,
especially in determining the extent to which education
technology funded under this part has been successfully
integrated into teaching strategies and school
curriculum, has increased the ability of teachers to
teach, and has enabled students to meet challenging
State content and student performance standards.
(8) Preparing one or more teachers in elementary,
middle, and secondary schools as technology leaders who
are provided with the means to serve as experts and
train other teachers in the effective use of
technology.
(9) Establishing or expanding access to technology in
neighborhoods served by high need local educational
agencies, with special emphasis for access provided
through technology centers in partnership with
libraries and with the support of the private sector.
(10) Carrying out a program under which the recipient
enters into an agreement with an entity for providing--
(A) one laptop computer for each child in the
third through twelfth grades in the school
district (in such installments over such period
of time as the recipient and entity may provide
in the agreement) ;
(B) training and ongoing support in the use
of such laptop computers for students,
teachers, and parents;
(C) hardware and software for such laptop
computers for instruction and professional
development; and
(D) assistance in using the technology
provided to incorporate State and local
academic goals into the curricula.
(c) Internet Filtering.--
(1) In general.--No funds made available under this
subpart to a local educational agency or elementary or
secondary school may be used to purchase computers used
to access the Internet, or to pay for direct costs
associated with accessing the Internet, unless such
agency or school has in place, on computers that are
accessible to minors, and during use by such minors,
technology which filters or blocks--
(A) material that is obscene;
(B) child pornography; and
(C) material harmful to minors.
(2) Disabling during adult use.--An administrator,
supervisor, or other authority may disable the
technology described in paragraph (1) during use by an
adult, to enable unfiltered access for bona fide
research or other lawful purposes.
(3) Rule of construction.--Nothing in this section
shall be construed to prohibit a local educational
agency or elementary or secondary school from filtering
or blocking materials other than those referred to in
subparagraph (A), (B), or (C) of paragraph (1).
(4) Definitions.--
(A) Material harmful to minors.--The term
``material harmful to minors'' has the meaning
given such term in section 231(e)(6) of the
Communications Act of 1934.
(B) Child pornography.--The term ``child
pornography'' has the meaning given such term
in section 2256(8) of title 18, United States
Code.
(C) Minor.--The term ``minor'' has the
meaning given such term in section 2256(1) of
title 18, United States Code.
(5) Severability.--If any provision of this
subsection is held invalid, the remainder of such
subsection and this Act shall not be affected thereby.
Subpart 3--National Technology Initiatives
SEC. 3121. NATIONAL TECHNOLOGY INITIATIVES.
(a) In General.--Using funds made available under section
3101(b)(2), the Secretary may carry out the following
initiatives:
(1) The funding of programs built upon scientifically
based research, which utilize technology in education,
through the competitive awarding of grants or
contracts, pursuant to a peer review process, to
States, local educational agencies (including eligible
local entities), institutions of higher education, and
public and private or nonprofit or for-profit agencies.
(2) The provision of technical assistance to States,
local educational agencies, and other grantees under
this part (directly or through the competitive award of
grants or contracts) in order to assist such States,
local educational agencies, and other grantees to
achieve the purposes of this part.
(3) Acting through the Office of Educational
Technology, the updating of the national long-range
educational technology plan developed pursuant to
section 3121 (as in effect prior to the enactment of
the Education OPTIONS Act) in accordance with the
requirements of such section, in order to promote the
purposes of this title and to ensure the coordination
of Federal efforts to promote the effective use of
educational technology.
(b) Study of Use of Technology To Improve Academic
Achievement.--Using funds made available under section
3101(b)(2), the Secretary shall conduct an independent, long-
term study utilizing scientifically based research methods and
control groups, on the effectiveness of the uses of educational
technology on improving student academic achievement, and shall
include in the study an identification of effective uses of
educational technology that have a measurable positive impact
on student achievement.
(c) Priorities.--In funding initiatives under subsection (a),
the Secretary shall place a priority on projects which--
(1) develop innovative models using electronic
networks or other forms of distance learning to provide
challenging courses which are otherwise not readily
available to students in a particular school district,
particularly in rural areas; and
(2) increase access to technology to those residing
in districts served by high need local educational
agencies.
SEC. 3122. REQUIREMENTS FOR RECIPIENTS OF FUNDS.
(a) Application.--In order to receive a grant or contract
under this subpart, an entity shall submit an application to
the Secretary (at such time and in such form as the Secretary
may require), and shall include in the application--
(1) a description of the project proposed to be
carried out with the grant or contract and how it would
carry out the purposes of this subpart; and
(2) a detailed plan for the independent evaluation of
the project built upon scientifically based research
principles to determine the impact on the academic
achievement of students served under such project, as
measured by challenging State content and student
performance standards.
(b) 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 subpart to share in the cost of the
activities assisted under such grant or contract, which
may be in the form of cash or in-kind contributions
fairly valued.
(2) Increase.--The Secretary may increase the non-
Federal share required of a recipient of a grant or
contract under this subpart after the first year such
recipient receives funds under such grant or contract.
(3) Maximum.--The non-Federal share required under
this subsection may not exceed 50 percent of the cost
of the activities assisted pursuant to a grant or
contract under this subpart.
(4) Notice.--The Secretary shall publish in the
Federal Register the non-Federal share required under
this subsection.
SEC. 3123. EVALUATION AND DISSEMINATION.
(a) Evaluation Authority.--In order to identify effective
uses of educational technology that have a measurable positive
impact on student achievement, the Secretary shall--
(1) develop tools and provide resources, including
technical assistance, for recipients of funds under
this subpart to effectively evaluate their activities;
and
(2) conduct independent evaluations of the activities
assisted under this subpart.
(b) Post-Grant Evaluation Information and Dissemination.--
(1) In general.--The Secretary shall establish a
process under which information on each project funded
with a grant or contract under this subpart is made
widely available to schools and the general public,
including through dissemination on the Internet, in a
timely and user-friendly manner.
(2) Specific information required.--The information
made available and disseminated under paragraph (1)
shall at a minimum include the following:
(A) Upon the awarding of such a grant or
contract under this subpart, the identification
of the grant or contract recipient, the amount
of the grant or contract, the stated goals of
the grant or contract, the methods by which the
grant or contract will be evaluated in meeting
such stated goals, and the timeline for meeting
such goals.
(B) Not later than 12 months after the
awarding of such a grant or contract,
information on the progress of the grant or
contract recipient in carrying out the grant or
contract, including a detailed description of
the use of the funds provided, the extent to
which the stated goals have been reached, and
the results (or progress of) the evaluation of
the project, meeting the requirements of
scientifically based research, funded under the
grant or contract.
(C) Not later than 24 months after the
awarding of such a grant or contract (and
updated thereafter as appropriate), a follow up
to the information described in subparagraph
(B).
PART B--READY TO LEARN TELEVISION
SEC. 3201. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to award grants
to or enter into contracts or cooperative agreements with
eligible entities described in subsection (c) to--
(1) develop, produce, and distribute educational and
instructional video programming for preschool and
elementary school children and their parents in order
to facilitate student academic achievement;
(2) facilitate the development (directly or through
contracts with producers of children and family
educational television programming) of educational
programming for preschool and elementary school
children and accompanying support materials and
services that directly promote the effective use of
such programming;
(3) facilitate the development of programming and
digital content especially designed for nationwide
distribution over digital broadcasting channels and the
Internet, containing Ready to Learn-based children's
programming and resources for parents and caregivers;
(4) enable such entities to contract with other
entities (such as public telecommunications entities)
so that programs funded under this section are
disseminated and distributed by the most appropriate
distribution technologies to the widest possible
audience appropriate to be served by the programming;
and
(5) develop and disseminate training and support
materials, including interactive programs and programs
adaptable to distance learning technologies which are
designed to--
(A) promote school readiness; and
(B) promote the effective use of programming
developed under paragraphs (2) and (3) among
parents, Head Start providers, Even Start and
providers of family literacy services, child
care providers, early childhood development
personnel, and elementary school teachers,
public libraries, and after school program
personnel caring for preschool and elementary
school children.
(b) Availability.--In making grants, contracts, or
cooperative agreements under this section, the Secretary shall
ensure that recipients increase the effective use of the
programming funded under this section by making it widely
available with support materials as appropriate to young
children, their parents, child care workers, Head Start
providers, and Even Start and providers of family literacy
services.
(c) Eligible Entities Described.--In this part, an ``eligible
entity'' means a nonprofit entity (including a public
telecommunications entity) which is able--
(1) to demonstrate a capacity for the development and
national distribution of educational and instructional
television programming of high quality which is
accessible by a large majority of disadvantaged
preschool and elementary school children; and
(2) to demonstrate--
(A) a capacity to contract with the producers
of children's television programming for the
purpose of developing educational television
programming of high quality which is accessible
by a large majority of disadvantaged preschool
and elementary school children, and
(B) consistent with the entity's mission and
nonprofit nature, a capacity to negotiate such
contracts in a manner which returns to the
entity an appropriate share of any ancillary
income from sales of any program-related
products.
(d) Cap on Administrative Costs.--An entity receiving a
grant, contract, or cooperative agreement from the Secretary
under this section may not use more than 5 percent of the
amounts received under the grant, contract, or cooperative
agreement for the expenses of administering the grant,
contract, or cooperative agreement.
(e) Coordination of Activities.--An entity receiving a grant,
contract, or cooperative agreement from the Secretary under
this section shall work with the Secretary and the Secretary of
Health and Human Services to--
(1) maximize the utilization by preschool and
elementary school children of the programming funded
under this section and to make such programming widely
available to federally funded programs serving such
populations; and
(2) coordinate with Federal programs that have major
training components for early childhood development
(including Head Start, Even Start, family literacy
services, and State training activities funded under
the Child Care Development Block Grant Act of 1990)
regarding the availability and utilization of materials
developed with funds provided under this section to
enhance parent and child care provider skills in early
childhood development and education.
SEC. 3202. APPLICATIONS.
Any entity desiring a grant, contract, or cooperative
agreement under this part shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
SEC. 3203. REPORTS AND EVALUATION.
(a) Annual Report by Grant Recipients to Secretary.--Each
entity receiving funds under section 3201 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 such section, including information
regarding--
(1) the programming that has been developed directly
or indirectly by the entity and the target population
of the programs developed;
(2) the support and training 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 the programming 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
on the activities funded and carried out under this part, and
shall include in the report--
(1) a summary of the programming developed using
funds provided under section 3201; and
(2) a description of the training materials developed
using funds provided under section 3201, 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.
SEC. 3204. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part $16,000,000 for fiscal year 2000, and such sums as may be
necessary for each of the 5 succeeding fiscal years. Not less
than 60 percent of the amounts authorized to be appropriated
under this section for any fiscal year shall be used to carry
out paragraphs (2) and (3) of section 3201(a).
PART C--TELECOMMUNICATIONS PROGRAM
SEC. 3301. PROGRAM AUTHORIZED.
(a) In General.--The Secretary is authorized to carry out any
of the following activities:
(1) Awarding grants to a nonprofit telecommunications
entity (or a partnership of such entities) for the
purpose of carrying out a national telecommunications-
based program to improve the teaching of core academic
subjects and to assist elementary and secondary school
teachers in preparing all students to achieve State
content standards.
(2) Awarding grants to or entering into contracts or
cooperative agreements with a local public
telecommunications entity to develop, produce, and
distribute educational and instructional video
programming which is designed for use by elementary and
secondary school students, created for or adaptable to
State content standards, and capable of distribution
through digital broadcasting and school digital
networks.
(b) Applications.--
(1) In general.--Any telecommunications entity or
partnership of such entities desiring a grant under
this part shall submit an application to the Secretary.
(2) Specific requirements for national
telecommunications-based program.--Each application for
a grant subsection (a)(1) shall--
(A) demonstrate that the applicant will use
the existing publicly funded telecommunications
infrastructure, the Internet, and school
digital networks (where available) to deliver
video, voice, and data in an integrated service
to train teachers in the use of materials and
learning technologies for achieving State
content standards;
(B) assure that the program for which
assistance is sought will be conducted in
cooperation with States as appropriate, local
educational agencies, and State or local
nonprofit public telecommunications entities;
(C) assure that a significant portion of the
benefits available for elementary and secondary
schools from the program 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
(D) contain such additional assurances as the
Secretary may reasonably require.
(c) Approval of Applications; Number of Demonstration
Sites.--In approving applications under this section, the
Secretary shall assure that--
(1) the national telecommunications-based program
under subsection (a)(1) is conducted at elementary and
secondary school sites in at least 15 States; and
(2) grants under subsection (a)(2) are awarded on a
competitive basis and for a period of 3 years to
entities which--
(A) enter into multiyear collaborative
arrangements for content development with State
educational agencies, local educational
agencies, institutions of higher education,
businesses, or other agencies and
organizations, and
(B) contribute non-Federal matching funds
(including funds provided for transitions to
digital broadcasting as well as in-kind
contributions) to the activities assisted with
the grant in an amount not less than 100
percent of the amount of the grant.
SEC. 3302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
part $8,500,000 for fiscal year 2000, and such sums as may be
necessary for each of the 5 succeeding fiscal years.
TITLE IV--SUPPORTING DRUG AND VIOLENCE PREVENTION AND EDUCATION FOR
STUDENTS AND COMMUNITIES
SEC. 4001. SHORT TITLE.
This title may be cited as the ``Supporting Drug and Violence
Prevention and Education for Students and Communities Act of
2000''.
SEC. 4002. FINDINGS.
Congress finds as follows:
(1) Students need drug-free and safe schools and
communities in order to maximize their academic
performance and their future opportunities.
(2) Drug use among children ages 12 through 17
doubled from the historic low year of 1992, when 5.3
percent of youth in that age group were current users,
as compared to 11.4 percent in 1997. While youth use of
some drugs, including hallucinogens, has slightly
dropped since 1997, use of other drugs, such as
ecstasy, has increased in 1999 (up 1.1 percent in use
among 10th graders).
(3) Drug use by youth increases the likelihood that a
child will be delinquent, engage in high-risk sexual
activity, not finish high school, and commit theft,
violence, and vandalism.
(4) Drug use among rural youth is higher than that of
youth in large urban centers, and these rural youth
abuse quite serious drugs, including methamphetamine
and cocaine. Many rural communities have few resources
for helping youth avoid drug use.
(5) Drug and violence prevention programs and
activities need to include efforts to prevent underage
use of tobacco and alcohol, and are more likely to
succeed when such efforts are included. Drug and
violence prevention research calls for aggressive
activities to prevent the use of these gateway drugs.
(6) Students continue to face physical harm while at
school. From 1993 to 1997, between 7 to 8 percent of
students in grades 9 through 12 were threatened or
injured with a weapon on school property over a 12-
month period. Roughly 12 percent of students in grades
9 through 12 reported being in a physical fight on
school property during a 12-month period between 1993
and 1997.
(7) While schools statistically are one of the safest
places for youth, students report an increase in their
perception that they risk harm while at school, perhaps
partly due to the recent instances of extreme violence
in schools.
(8) Drug and violence prevention programs that
incorporate ``protective factors'' tend to reduce drug
use and violence. Protective factors include a student
feeling connected to parents and family, practicing
religion and prayer, having parents present at key
times of the day, having high educational expectations,
feeling part of the school, and having high self-
esteem.
(9) After school programs, because they keep youth in
supervised settings, prevent drug use and violence at
least during the time of those programs. Research
indicates that the juvenile crime rate triples between
the hours of 3 p.m. and 6 p.m., and children in
particular are most likely to be victims of a violent
crime committed by a non-family member between 2 p.m.
and 6 p.m.
SEC. 4003. PURPOSE.
The purpose of this title is to support programs that prevent
the use of drugs, that prevent violence, that involve parents
and communities, and that are coordinated with related Federal,
State, and community efforts and resources to foster a learning
environment in which students increase their academic
achievement, through the provision of Federal assistance to--
(1) States for grants to local educational agencies
and consortia of such agencies to establish, operate,
and improve local programs of drug and violence
prevention in elementary and secondary schools;
(2) States for grants to, and contracts with,
community-based organizations and other public and
private nonprofit and for-profit agencies and
organizations for programs of drug and violence
prevention and education;
(3) States for grants to local educational agencies,
community-based organizations, and private nonprofit
and for-profit organizations for before and after
school programs for youth and continuing educational
opportunities for individuals of all ages; and
(4) public and private nonprofit and for-profit
organizations to conduct training, demonstrations, and
evaluations, and to provide supplementary services for
drug and violence prevention.
SEC. 4004. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated--
(1) $1,033,377,000 for fiscal year 2000, and such
sums as may be necessary for each of the five
succeeding fiscal years, for State grants under part A;
and
(2) $20,000,000 for fiscal year 2000, and for each of
the five succeeding fiscal years, for national programs
under part B.
PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
SEC. 4111. RESERVATIONS AND ALLOTMENTS.
(a) Reservations.--From the amount made available under
section 4004(1) to carry out this part for each fiscal year,
the Secretary--
(1) shall reserve 0.5 percent (or $5,166,885,
whichever is greater) of such amount for grants under
this subpart to Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, to be allotted in accordance with the
Secretary's determination of their respective needs;
and
(2) shall reserve 0.5 (or $5,166,885, whichever is
greater) of such amount for the Secretary of the
Interior to carry out programs under this part for
Indian youth.
(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.
(c) Reallotment of Unused Funds.--If any State does not apply
for an allotment under this subpart for a fiscal year, the
Secretary shall reallot the amount of the State's allotment to
the remaining States in accordance with this section.
SEC. 4112. WITHIN-STATE DISTRIBUTION.
(a) Governor's Allocation.--
(1) In general.--The chief executive officer of a
State may reserve not more than 10 percent of the total
amount allocated to a State under section 4111 for each
fiscal year for drug and violence prevention programs
and activities in accordance with section 4115.
(2) Law enforcement education partnerships.--The
chief executive officer of a State shall use not less
than 10 percent and not more than 20 percent of the
amount described in paragraph (1) for each fiscal year
for law enforcement education partnerships in
accordance with section 4115(b)(3).
(3) Administrative costs.--The chief executive
officer of a State may use not more than 3 percent of
the amount described in paragraph (1) for the
administrative costs incurred in carrying out the
duties of such officer under this section.
(4) Grant awards.--The chief executive officer of a
State shall use the remainder of funds not reserved
under paragraphs (2) and (3) to award competitive
grants and contracts for programs or activities that
improve comprehensive community-wide prevention efforts
or provide direct services to youth at the local level.
Such officer shall award grants based on--
(A) the quality of the activity or program
proposed; and
(B) how closely the program or activity is
aligned with the appropriate principles of
effectiveness described in section 4115(a).
(b) State Funds.--
(1) In general.--An amount equal to the total amount
allotted to a State under section 4111, less the amount
reserved under subsection (a) and paragraphs (2) and
(3) of this subsection, for each fiscal year shall be
made available to the State and its local educational
agencies for drug and violence prevention activities in
accordance with section 4115.
(2) State activities.--A State shall use not more
than 2 percent of the amount available under paragraph
(1) for State activities described in section 4115(c).
(3) State administration.--A State may use not more
than 2 percent of the amount made available under
paragraph (1) for the administrative costs of carrying
out its responsibilities under this part.
(c) Distribution to Local Educational Agency.--
(1) In general.--(A) A State shall distribute not
less than 96 percent of the amount made available under
subsection (b) for each fiscal year as follows:
(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.
(ii) 30 percent of such amount to local
educational agencies that the State determines
have the greatest need for additional funds to
carry out drug and violence prevention programs
in accordance with subparagraph (B), a portion
of which shall be distributed in accordance
with subparagraph (F).
(B) In awarding funds under clause (ii) of
subparagraph (A), a State shall give special
consideration to agencies that pursue a comprehensive
approach to drug and violence prevention by providing
or incorporating mental health services in their
programs.
(C) Of the amount received under paragraph (1), a
local educational agency may use not more than 2
percent for the administrative costs of carrying out
its responsibilities under this part.
(D) In determining which local educational agencies
have the greatest need for additional funds, a State
shall consider objective data such as--
(i) high rates of 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 related crime;
(iv) high incidence of illegal gang activity;
(v) high rates of referrals of youths to drug
abuse treatment and rehabilitation programs;
(vi) high rates of referrals of youths to
juvenile court;
(vii) high rates of expulsions and
suspensions of students from schools;
(viii) high rates of reported cases of child
abuse and domestic violence;
(ix) local fiscal capacity to fund drug and
violence prevention activities and programs
without Federal assistance;
(x) high rates of drug related emergencies or
deaths;
(xi) high degree of geographically rural
isolation; and
(xii) local fiscal capacity to fund before
and after school activities for youth without
Federal assistance.
(E) The distribution of funds shall reflect the
geographical diversity of local educational agencies in
the State.
(F) Of the amount made available for distribution
under paragraph (2)(A)(ii), a State shall distribute 30
percent of such amount for grants to local educational
agencies in need of assistance to plan, implement, or
expand alternative education programs (which may
include in-school suspensions, Saturday school,
alternative schools within schools, charter schools
with a focus on alternative programs and services, and
alternative schools) giving priority to programs or
activities that serve students who have been suspended
or expelled from school. Such programs and services may
include--
(i) programs and activities designed
to reduce the incidence of suspensions
and expulsions;
(ii) mental health services;
(iii) behavior management, social
skills instruction and other programs
and activities designed to increase a
student's sense of community, such as
service learning and character
education;
(iv) tutoring, mentoring, and other
activities to improve academic
performance;
(v) support services to help a
student transition back into regular
school programs; and
(vi) parental and family involvement
activities.
(2) Return of funds to state; reallocation.--
(A) Return.--Except as provided in
subparagraph (B), upon the expiration of the 1-
year period beginning on the date that a local
educational agency receives its allocation--
(i) such agency shall return to the
State any funds from such allocation
that remain unobligated; and
(ii) the State shall reallocate any
such amount to local educational
agencies that have plans for using such
amount for programs or activities on a
timely basis.
(B) Carryover.--In any fiscal year, a local
educational agency, may retain for obligation
in the succeeding fiscal year--
(i) an amount equal to not more than
25 percent of the allocation it
received under this title for such
fiscal year; or
(ii) upon a demonstration of good
cause by such agency or consortium and
approval by the State, an amount that
exceeds 25 percent of such allocation.
SEC. 4113. STATE APPLICATION.
(a) In General.--In order to receive an allotment under
section 4111 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, and other
drug and violence prevention programs, 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 incidence
and 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 were developed in
consultation and coordination with appropriate State
officials and others, including the chief executive
officer, the chief State school 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, including religious organizations;
(4) contains an assurance that the State will
cooperate with, and assist, the Secretary in conducting
data collection as required by section 4116;
(5) contains an assurance that the chief executive
officer of the State and the chief State school officer
will coordinate program administration and activities
under this part and will coordinate with drug and
violence prevention efforts established by other State
agencies; and
(6) contains an assurance that the local educational
agencies in the State will comply with the provisions
of section 14503 pertaining to the participation of
private school children and teachers in the programs
and activities under this part.
(b) Governor's Application.--An application submitted under
this section shall also contain a comprehensive plan for the
use of funds under section 4115(b) by the chief executive
officer that includes--
(1) a statement of the chief executive officer's
performance measures for drug and violence prevention.
The chief executive officer's performance measures
shall consist of--
(A) performance indicators for drug and
violence prevention, and;
(B) levels of performance for each
performance indicator;
(2) a description of the procedures to be used for
assessing and publicly reporting progress toward
meeting such performance measures;
(3) a description of how the chief executive officer
will coordinate such officer's activities under this
part with the chief State school officer and with State
agencies and organizations involved with drug and
violence prevention efforts;
(4) a description of how funds allocated under
section 4112(a) will be used--
(A) to enhance the efforts of other State
agencies and local educational agencies with
regard to the provision of school-based drug
and violence prevention efforts and services;
and
(B) to serve populations not normally served
by the State educational agency, such as school
dropouts and youth in detention centers;
(5) a description of how the chief executive officer
will award funds under section 4115(b) in order to
support activities and programs that meet the
principles of effectiveness and a plan for monitoring
the performance of, and providing technical assistance
to, recipients of such funds;
(6) a description of the special outreach activities
that will be carried out to maximize the participation
of community-based organizations, including religious
organizations;
(7) a description of how funds will be used to
support community-wide comprehensive drug and violence
prevention planning, implementation strategies, and
programs, including before and after school and
continuing education programs; and
(8) an assurance that drug prevention programs
supported under this part convey a clear and consistent
message that the use of drugs is wrong and harmful.
(c) State Application.--The State shall include in its
application a comprehensive plan for the use of funds under
section 4115(c), including the following:
(1) A statement of the State's performance measures
for drug and violence prevention that shall be
developed in consultation between the State and local
officials and that consist of--
(A) performance indicators for drug and
violence prevention; and
(B) levels of performance for each
performance indicator.
(2) A description of the procedures the State will
use for assessing and publicly reporting progress
toward meeting those performance measures;
(3) 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
4115(d); and
(4) A description of how the State educational agency
will coordinate such agency's activities under this
part with the chief executive officer's drug and
violence prevention programs and with the drug and
violence prevention efforts of other State agencies.
(d) General Approval.--A State application submitted to the
Secretary under this title shall be deemed to be approved by
the Secretary unless the Secretary makes a written
determination, prior to the expiration of the 90-day period
beginning on the date that the Secretary receives the
application, that the application is in violation of this
title.
(e) Disapproval.--The Secretary shall not finally disapprove
a State application, except after giving the State notice and
opportunity for a hearing.
SEC. 4114. LOCAL EDUCATIONAL AGENCY APPLICATION.
(a) In General.--In order to be eligible to receive a
distribution under section 4112(c) for any fiscal year, a local
educational agency shall submit, at such time as the State
requires, an application to the State. Such an application
shall be amended, as necessary, to reflect changes in the
activities and programs of the local educational agency.
(b) Development.--
(1) Consultation.--A local educational agency shall
develop its application through timely and meaningful
consultation with a local or substate regional advisory
council, as described in subsection (c).
(2) Design and development.--To ensure timely and
meaningful consultation, a local educational agency
shall, in accordance with subsection (c), establish and
consult with a local or substate regional advisory
council on issues regarding the design and development
of the program or activity, including efforts to meet
the principles of effectiveness described in section
4115(a). Such meetings with the advisory council shall
occur beginning at the initial stages of design and
development of the program or activity.
(c) Advisory Council.--
(1) Representation.--In establishing a local or
substate regional advisory council, the local
educational agency shall include, 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, private for-profit organizations,
religious organizations, and other groups with interest
and expertise in drug and violence prevention,
including before and after school and continuing
education programs.
(2) Duties.--In addition to assisting the local
educational agency to develop an application under this
section, the advisory council shall, on an ongoing
basis--
(A) disseminate information about drug and
violence prevention programs and activities
conducted within the boundaries of the local
educational agency;
(B) advise the local educational agency
regarding--
(i) how best to coordinate such
agency's activities under this part
with other related drug and violence
prevention strategies, programs, and
activities; and
(ii) the agencies that administer
such programs, projects, and
activities; and
(C) review program and activity 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 and activities.
(d) Contents of Applications.--An application submitted by a
local educational agency under this section shall contain--
(1) 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, and other Acts dealing
with drug and violence prevention, as
appropriate, in accordance with the provisions
of section 14306;
(B) the local educational agency's
performance measures for drug and violence
prevention, that shall consist of--
(i) performance indicators for drug
and violence prevention; and
(ii) levels of performance for each
performance indicator;
(C) how such agency will assess and publicly
report progress toward attaining its
performance measures;
(D) the drug and violence prevention activity
or program (including before and after school
programs and continuing education activities)
to be funded, including how the activity or
program will meet the principles of
effectiveness described in section 4115(a), and
the means of evaluating such activity or
program;
(E) how the local educational agency will
coordinate such agency's activities and
programs with community-wide efforts to achieve
such agency's performance measures for drug and
violence prevention;
(F) how the local educational agency will
coordinate such agency's activities and
programs with other Federal, State, and local
programs for youth drug and violence
prevention, including before and after school
programs and continuing education activities;
(2) a certification that a meaningful assessment has
been conducted to determine community needs, available
resources in the private sector, and capacity in the
private sector, the findings of such assessments, and a
description of the mechanisms used to provide effective
notice to the community of an intention to submit an
application under this title;
(3) an assurance that drug prevention programs
supported under this part convey a clear and consistent
message that the use of drugs is wrong and harmful; and
(4) such other information and assurances as the
State may reasonably require.
(e) Peer Review.--
(1) In general.--In reviewing local applications
under this section, a State 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 shall consider the quality
of the local educational agency's comprehensive plan,
including the degree to which the principles of
effectiveness described in section 4115(a) are met.
(B) General approval.--A local educational agency's
application submitted to the State under this title
shall be deemed to be approved by the State unless the
State makes a written determination, prior to the
expiration of the 90-day period beginning on the date
that the State receives the application, that the
application is in violation of this title.
(C) Disapproval.--The State shall not finally
disapprove a local educational agency application,
except after giving such agency notice and opportunity
for a hearing.
SEC. 4115. AUTHORIZED ACTIVITIES.
(a) Principles of Effectiveness.--
(1) In general.--For a program or activity developed
pursuant to this part to meet the principles of
effectiveness, such program or activity shall--
(A) be based upon an assessment of objective
data--
(i) regarding the drug and violence
problems in the elementary and
secondary schools and communities to be
served, including an objective analysis
of the current conditions and
consequences regarding drug use and
violence, including delinquency and
serious discipline problems, among
students who attend such schools
(including private school students who
participate in the drug and violence
prevention program) that is based on
ongoing local assessment or evaluation
activities;
(ii) regarding the current drug and
violence prevention strategies,
programs, and activities, including
before and after school programs and
continuing education activities, in
such schools and communities; and
(iii) regarding student academic
achievement and current programs and
activities to increase student academic
achievement;
(B) be based upon an established set of
performance measures aimed at ensuring that all
elementary and secondary schools and
communities served by the local educational
agency have a drug-free, safe, and orderly
learning environment; and
(C) be based upon scientifically based
research that provides evidence that the
program to be used will prevent or reduce drug
use and violence, including delinquency and
serious discipline problems among youth.
(2) Periodic evaluation.--The program or activity
shall undergo a periodic evaluation to assess its
progress toward achieving its goals and objectives. The
results shall be used to refine, improve, and
strengthen the program, and to refine the performance
measures. The results shall also be made available to
the public upon request, with public notice of such
availability provided.
(3) Waiver.--A local educational agency or community-
based organization may apply to the State for a waiver
of the requirement of paragraph (1)(C) to allow
innovative activities or programs that demonstrate
substantial likelihood of success in drug and violence
prevention or in beneficially serving the community.
(b) Governors' Activities.--
(1) In general.--A chief executive officer of a State
shall use funds made available under section 4112(a)
for competitive grants or contracts with local
educational agencies, parent groups, community-based
organizations, religious organizations, and other
public entities and private organizations, including
for-profit organizations, and consortia thereof,
including community anti-drug coalitions--
(A) to support drug and violence prevention
strategies, programs, and activities, including
before and after school activities, continuing
education programs, and alternative education
activities, that provide comprehensive
community-wide prevention efforts or direct
services to prevent drug use and violence in
schools and communities; and
(B) to reward drug and violence prevention
programs of exceptional quality.
(2) Considerations.--In making such grants and
contracts, a chief executive officer of a State--
(A) shall require that any program or
activity meet the principles of effectiveness;
(B) shall give priority to programs and
activities for populations that need special
services or additional resources (such as youth
in juvenile detention facilities, runaway or
homeless children and youth, pregnant and
parenting teenagers, and school dropouts); and
(C) may require partnerships between local
educational agencies and other groups or
organizations, including religious
organizations, in order to receive funds.
(3) Required activities.--A chief executive officer
of a State shall use funds made available under section
4112(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 and violence prevention activities, such as--
(A) programs that provide classroom
instruction by uniformed law enforcement
officials designed to teach students to
recognize and resist pressures to experiment
with drugs and that meet the principles of
effectiveness;
(B) programs in which district attorneys
provide classroom instruction in the law and
legal system, which emphasizes interactive
learning techniques such as mock trial
competitions; or
(C) partnerships between law enforcement and
child guidance professionals, which may include
mental health providers.
(c) State Activities.--A State shall use the funds described
in section 4112(b)(2) to plan, develop, and implement capacity
building, technical assistance, accountability, program
improvement services, and coordination activities for local
educational agencies that are designed to support the
implementation of drug and violence prevention programs,
including before and after school programs and continuing
education activities. A State may carry out these activities
directly, or through grants and contracts.
(d) Local Educational Agency Activities.--
(1) Program requirements.--A local educational agency
shall use funds described in section 4112(c) to
develop, implement, and evaluate a comprehensive drug
and violence prevention program, which is coordinated
with other school and community-based services and
programs, that shall--
(A) be consistent with the principles of
effectiveness described in subsection (a);
(B) be designed to--
(i) prevent or reduce drug use or
violence, including through the
prevention of delinquency, serious
discipline problems and poor academic
performance; and
(ii) create a well disciplined
environment conducive to learning,
which includes consultation between
teachers and school personnel to
identify early warning signs of drug
use and violence and to provide
behavioral interventions as part of
classroom management efforts;
(C) include activities to promote the
involvement of parents in the activity or
program, to promote coordination with community
groups and coalitions, including religious
organizations, and government agencies, and to
distribute information about the local
educational agency's needs, goals, and programs
under this part; and
(D) address before and after school
activities and continuing education needs of
youth and adults in the community.
(2) Authorized activities.--Each local educational
agency, or consortium of such agencies, that receives a
subgrant under section 4112(c) may use such funds to
carry out youth drug and violence prevention
activities, including before and after school programs
and continuing education activities, in the elementary
and secondary schools and communities, such as--
(A) developmentally appropriate drug and
violence prevention programs that serve
students in both elementary and secondary
school and that incorporate a variety of
prevention strategies and activities, which may
include--
(i) teaching students that most
people do not use drugs;
(ii) teaching students to recognize
social and peer pressure to use drugs;
(iii) teaching students skills for
resisting drug use;
(iv) engaging students in the
learning process;
(v) using developmentally appropriate
teaching materials;
(vi) incorporating activities in
secondary schools that reinforce
prevention activities implemented in
elementary schools; and
(vii) involving families and
communities in setting clear
expectations against drug use and
enforcing consequences for drug use;
(B) before and after school programs and
continuing education opportunities for
individuals of all ages, such as--
(i) integrated educational,
recreational, or cultural programs,
including curriculum based
entrepreneurial education programs,
remedial education programs, and
extended learning programs;
(ii) literacy education programs
(including family literacy services);
(iii) youth science education
programs;
(iv) consumer, economic, and personal
finance education programs;
(v) senior citizen and adult
education programs (including programs
for individuals who leave school before
graduating from secondary school,
regardless of the age of such
individual);
(vi) parenting skills education
programs;
(vii) educational children's day care
services;
(viii) summer and weekend school
programs in conjunction with recreation
programs;
(ix) expanded library service hours
to serve community needs;
(x) distance learning, technology,
and Internet education programs for
individuals of all ages;
(xi) educational services for
individuals with disabilities;
(xii) peer resistance education; and
(xiii) arts and music education;
(C) training and development of school
personnel in youth drug and violence
prevention, including training in early
identification, intervention, and prevention of
threatening behavior;
(D) parental involvement and training in
youth drug and violence prevention, including
early identification of potential youth
violence;
(E) community involvement activities
pertaining to youth drug and violence
prevention;
(F) law enforcement and security activities,
including the acquisition and installation of
metal detectors and the hiring and training of
security personnel, that are related to youth
drug and violence prevention;
(G) comprehensive school security
assessments;
(H) creating and maintaining safe zones of
passage to and from school to prevent violence
and drug use and trafficking;
(I) counseling, mentoring, and referral
services, and other student assistance
practices and programs, including training of
teachers by school-based mental health service
providers in appropriate identification and
intervention techniques for disciplining and
teaching students at risk of violent behavior;
(J) services and activities that reduce the
need for suspension and expulsion in
maintaining classroom order and school
discipline;
(K) establishing and implementing a system
for transferring suspension and expulsion
records by a local educational agency to any
public or private elementary or secondary
school;
(L) allowing students attending unsafe public
elementary and secondary schools, as determined
by the State, to attend a safe public school,
including a public charter school, in the same
State as the unsafe public elementary and
secondary school, and allowing payment of
reasonable transportation costs for such
students;
(M) establishing or enhancing programs or
initiatives that improve academic achievement;
(N) the development and implementation of
character education and training programs that
reflect the values of parents, teachers, and
local communities, and incorporate elements of
good character, including honesty, citizenship,
courage, justice, respect, personal
responsibility, and trustworthiness;
(O) testing students for illegal drug use or
conducting student locker searches for illegal
drugs or drug paraphernalia;
(P) establishing of school uniform policies;
(Q) emergency intervention services following
traumatic crisis events, such as a shooting,
major accident, or a drug-related incident,
that has disrupted the learning environment;
(R) establishing and maintaining a school
violence hotline;
(S) conducting background checks of school
personnel;
(T) expanding and improving school-based
mental health services, including early
identification of drug use and violence,
assessment, and direct individual or group
counseling services provided to students,
parents, and school personnel by qualified
school based mental health services personnel;
(U) hiring and training coordinators of drug
and violence prevention programs serving
students in grades six through nine;
(V) mentoring and tutoring services for
students provided by senior citizen volunteers;
(W) alternative education programs or
services for students who have been expelled or
suspended from the regular educational
settings, including programs or services to
assist students to reenter the regular
education setting upon return from treatment or
alternative education programs; and
(X) partnerships between the courts and the
schools that address alternative education
programs.
(Y) the evaluation of any of the activities
authorized under this subsection.
(3) School protection--Each local educational agency,
or consortium of such agencies, that receives a
subgrant under section 4112(c) and has reported
expulsions under part C during the past 3 years, may
develop a plan with local law enforcement agencies to
protect students and employees of public schools
against gun violence that may include, but not be
limited to, promoting the benefits of child safety
locks for firearms.
(4) Study.--Each local educational agency, or
consortium of such agencies, that receives a subgrant
under section 4112(c) and has a high rate of
expulsions, as reported under part C, may use a portion
of its subgrant to study the effectiveness of promoting
the benefits of child safety locks for firearms with
the purpose of reducing the danger of firearms harming
public school students and employees.
SEC. 4116. EVALUATION AND REPORTING.
(a) Data Collection.--
(1) In general.--The National Center for Education
Statistics shall collect data for the following
purposes:
(A) To determine the frequency, seriousness,
and incidence of drug use by youth in schools
and communities in the States using, if
appropriate, data submitted by the States
pursuant to subsection (b).
(B) To determine the frequency, degree of
harm, and morbidity of violent incidents,
particularly firearm-related injuries and
fatalities, by youth in schools and communities
in the States, including information with
respect to--
(i) the relationship between victims
and perpetrators;
(ii) demographic characteristics of
victims and perpetrators; and
(iii) type and characteristic of the
firearm used in the shooting.
(2) Report.--The Secretary shall submit to the
Congress a report on the data collected under this
subsection.
(b) State Report.--
(1) In general.--Not later than October 1, 2003, and
every third year thereafter, the chief executive
officer of a State, in consultation with the State
educational agency, shall submit to the Secretary a
report on the implementation and outcomes of State and
local programs under section 4115.
(2) Special rule.--The report required by this
subsection shall be--
(A) 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
(B) made available to the public upon
request, with public notice of such
availability provided.
Local Educational Agency Report.--Each local educational
agency receiving funds under this part shall submit to the
State such information, and at such intervals, as the State
reasonably 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 and
the progress of the local educational agency toward meeting its
performance measures. The report shall be made available to the
public upon request, with public notice of such availability
provided.
PART B--NATIONAL PROGRAMS
SEC. 4121. FEDERAL ACTIVITIES.
(a) Program Authorized.--
(1) In general.--From funds made available to carry
out this part under section 4004(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 in elementary and secondary schools based on
the needs reported by States and local educational
agencies.
(2) Coordination.--The Secretary shall carry out
programs described in paragraph (1) directly, or
through grants, contracts, or cooperative agreements
with public and private nonprofit and for-profit
organizations, including religious organizations, and
individuals, or through agreements with other Federal
agencies, and shall coordinate such programs with other
appropriate Federal activities.
(3) Programs.--Programs described in paragraph (1)
may include--
(A) demonstrations and rigorous
scientifically based evaluations of innovative
approaches to drug and violence prevention
based on needs reported by State and local
educational agencies;
(B) 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;
and
(C) continuing technical assistance to chief
executive officers, State agencies, and local
educational agencies to build capacity to
develop and implement high-quality, effective
programs consistent with the principles of
effectiveness.
(b) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for funds under this section.
SEC. 4122. NATIONAL CLEARINGHOUSE FOR AFTER SCHOOL PROGRAMS.
From funds made available to carry this part under section
4004(2), the Secretary, in consultation with the Secretary of
Health and Human Services, through the Commissioner on
Children, Youth, and Families, the Attorney General, and
representatives with relevant experience from State child care
agencies and child care resource and referral centers, shall
establish a national clearinghouse to provide technical
assistance regarding establishment and operation of after
school programs and models of after school programs. The
national clearinghouse shall be available to the public,
including via Internet, and shall serve as a resource for child
care organizations, communities, and individuals seeking to
improve the quality and availability of after school programs.
PART C--GUN POSSESSION
SEC. 4131. GUN-FREE SCHOOL REQUIREMENTS.
(a) Requirements.--
(1) State law.--Each State receiving funds under this
Act shall have in effect a State law requiring each
local educational agency--
(A) to expel from school for a period of not
less than one year a student who is determined
to have brought a firearm to a school under the
jurisdiction of a local educational agency in
that State, except that such State law shall
allow the chief administering officer of such
local educational agency to modify such
expulsion requirement for a student on a case-
by-case basis; and
(B) to have a policy requiring each
elementary and secondary school to refer to the
criminal justice or juvenile delinquency system
any student who brings a firearm to school.
(2) Construction.--Nothing in this part shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
(b) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
(c) Application to State.--Each local educational agency
requesting assistance from a State that is provided from funds
made available to the State under this Act shall provide to the
State, in the application requesting such assistance--
(1) an assurance that such local educational agency
is in compliance with the State law required by
subsection (a); and
(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
(A) the name of the school concerned;
(B) the number of students expelled from such
school, including the number of children with
disabilities expelled from such school; and
(C) the type of firearm concerned.
(d) Reporting.--Each State shall report the information
described in subsection (b) to the Secretary on an annual
basis.
(e) Definitions.--For the purpose of this part--
(1) the term ``firearm'' has the same meaning given
to such term under section 921(a)(3) of title 18,
United States Code; and
(2) the term ``school'' does not include a home
school, regardless of whether a home school is treated
as a private school under State law.
PART D--GENERAL PROVISIONS
SEC. 4141. DEFINITIONS.
For the purposes of this title, the following terms have the
following meanings:
(1) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization that is representative of a
community or significant segments of a community and
that provides educational or related services to
individuals in the community.
(2) Controlled substance.--The term ``controlled
substance'' means a drug or other substance identified
under Schedule I, II, III, IV, or V in section 202(c)
of the Controlled Substances Act (21 U.S.C. 812(c)).
(3) Drug.--The term ``drug'' includes controlled
substances; the illegal use of alcohol and tobacco; and
the harmful, abusive, or addictive use of substances,
including inhalants and anabolic steroids.
(4) 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 drugs;
(B) with respect to violence, the promotion
of school safety, such that students and school
personnel are free from violent and disruptive
acts, 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; and
(C) with respect to before and after school
programs and continuing education activities,
educational activities for individuals of all
ages in the community that operate with a goal
of drug and violence prevention in the school
or community.
(5) Local educational agency.--The term ``local
educational agency'' includes educational service
agencies and consortia of such agencies.
(6) 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.
(7) School-aged population.--The term ``school-aged
population'' means the population aged 5 through 17, as
determined by the Secretary on the basis of the most
recent satisfactory data available from the Department
of Commerce.
(8) School based mental health services provider.--
The term ``school based mental health services
provider'' includes a State licensed or State certified
school counselor, school psychologist, school social
worker, or other State licensed or certified mental
health professional qualified under State law to
provide such services to children and adolescents.
(9) 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.
(10) Scientifically based research.--The term
``scientifically based research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to youth drug and
violence prevention activities and programs;
and
(B) shall include research that--
(i) employs systemic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
(11) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 4142. MESSAGE AND MATERIALS.
(a) ``Wrong and Harmful'' Message.--Drug prevention programs
supported under this title shall convey a clear and consistent
message that the use of drugs is wrong and harmful.
(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part.
SEC. 4143. REQUIRED POLICY.
Each State educational agency and local educational agency
that receives funds under this title shall have a policy that
prohibits cigarette vending machines, and the illegal
possession or use of drugs and alcohol, in any form, at any
time, and by any person, in school buildings, on school
grounds, or at any school-sponsored event.
SEC. 4144. PARENTAL CONSENT.
Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program or activity funded
under this title. The local educational agency shall make
reasonable efforts to inform parents or legal guardians of the
content of such programs or activities funded under this title,
other than classroom instruction.
SEC. 4145. PROHIBITED USES OF FUNDS.
No funds under this title may be used for--
(1) construction (except for minor remodeling needed
to accomplish the purposes of this part);
(2) medical services, drug treatment or
rehabilitation, except for pupil services or referral
to treatment for students who are victims of, or
witnesses to, use of drugs or crime; and
(3) activities or programs that discriminate against
or denigrate the religious or moral beliefs of students
who participate in such activities or programs or of
the parents or legal guardians of such students.
SEC. 4146. 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 and
violence prevention programs implemented in public
elementary and secondary schools in the State in
accordance with subsection (b); and
(2) to identify and designate, upon application by a
public elementary 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
and of violent occurrences by students enrolled in the
school over a period of time to be determined by the
chief executive officer of the State or the individual,
entity, or agency described in subsection (a), as the
case may be;
(2) the rate of suspensions or expulsions of students
enrolled in the school for drug and violence offenses;
(3) the effectiveness of the drug and violence
prevention program as proven by scientifically based
research;
(4) the involvement of parents and community members
in the design of the drug and violence prevention
program; and
(5) the extent of review of existing community drug
and violence 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.
SEC. 4147. CONTINUATION AWARDS.
From funds made available under section 4004(2), the
Secretary is authorized to continue funding multi-year grants
awarded prior to fiscal year 2001 under part I of title X, as
such part was in effect on the day preceding the date of the
enactment of the Education OPTIONS Act, or the Middle School
Coordinator Initiative (as described in title III of the
Department of Education Act, 2000, (as enacted into law by
section 1004(a)(4) of Public Law 106-113) and prior
appropriations Acts, prior to the date of the enactment of the
Education OPTIONS Act for the duration of the original grant
period.
SEC. 4148. GENERAL ACCOUNTING OFFICE REPORT.
Not later than 1 year after the date of the enactment of the
Education OPTIONS Act, the General Accounting Office shall
transmit to Congress a report containing the following:
(1) For each State, a description of the types of
after school programs that are available for students
in kindergarten through grade 12, including programs
sponsored by the Boys and Girls Clubs of America, the
Boy Scouts of America, the Girl Scouts of America,
YMCA's, private nonprofit and for-profit organizations,
and athletic and other programs operated by public
schools and other State and local agencies.
(2) For 15 communities selected to represent a
variety of regional, population, and demographic
profiles, a detailed analysis of the after school
programs that are available for students in
kindergarten through grade 12, including programs
sponsored by the Boys and Girls Clubs of America, the
Boy Scouts of America, the Girl Scouts of America,
YMCA's, mentoring programs, athletic programs, and
programs operated by public schools, churches, day care
centers, parks, recreation centers, family day care,
community organizations, law enforcement agencies,
service providers, and for-profit and non-profit
organizations.
(3) For each State, a description of significant
areas of unmet need in the quality and availability of
after school programs.
(4) For each State, a description of barriers which
prevent or deter the participation of children in after
school programs.
(5) A list of activities, other than after school
programs, in which students in kindergarten through
grade 12 participate when not in school, including
jobs, volunteer opportunities, and other non-school
affiliated programs.
(6) An analysis of the value of the activities listed
pursuant to paragraph (5) relevant to the well-being
and educational development of students in kindergarten
through grade 12.
SEC. 4149. SERVICES PROVIDED BY CHARITABLE, RELIGIOUS, OR PRIVATE
ORGANIZATIONS.
(a) In General.--A State may administer and provide services
under the programs and activities described in this title
through grants and contracts with charitable, religious, or
private organizations.
(b) Religious Organizations.--The purpose of this section is
to allow States to provide grants to or to contract with
religious organizations on the same basis as any other
nongovernmental provider without impairing the religious
character of such organizations, and without diminishing the
religious freedom of beneficiaries of assistance funded under
such program.
(c) Nondiscrimination Against Religious Organizations.--In
the event a State exercises its authority under subsection (a),
religious organizations are eligible, on the same basis as any
other private organization, as grant recipients or contractors,
to provide assistance under any program described in this title
if the programs sponsored by such religious organization are
implemented in a manner consistent with the Establishment
Clause of the United States Constitution. Except as provided in
subsection (i), neither the Federal Government, a State, nor a
local educational agency receiving funds under this title shall
discriminate against an organization that is or applies to be a
contractor to provide assistance on the basis that the
organization has a religious character.
(d) Religious Character and Freedom.--
(1) Religious organizations.--A religious
organization with a grant or contract under this title
shall retain its religious character and control over
the definition, development, practice, and expression
of its religious beliefs.
(2) Additional safeguards.--Neither the Federal
Government, a State, nor local government shall require
a religious organization to--
(A) alter its form of internal governance; or
(B) remove religious art, icons, scripture,
or other symbols;
in order to be eligible to receive a grant or contract
under this title.
(e) Employment Practices.--A religious organization's
exemption provided under section 702 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-1), regarding employment practices, shall
not be affected by its participation in, or receipt of funds
from, programs under this title.
(f) Nondiscrimination Against Beneficiaries.--Except as
otherwise provided in law, a religious organization shall not
discriminate against an individual in regard to rendering
assistance funded under any program described in this title on
the basis of religion, a religious belief, or refusal to
actively participate in a religious practice.
(g) Fiscal Accountability.--
(1) In general.--Except as provided in paragraph (2),
any religious organization receiving a grant or
contracting to provide assistance funded under any
program described in this title shall be subject to the
same regulations as other recipients or contractors to
account in accord with generally accepted auditing
principles for the use of such funds provided under
such programs.
(2) Limited audit.--If such organization segregates
Federal funds provided under such programs into
separate accounts, then only the financial assistance
provided with such funds shall be subject to audit.
(h) Limitations on Use of Funds for Certain Purposes.--No
funds provided directly to institutions or organizations to
provide services and administer programs under this Act shall
be expended for sectarian worship, instruction, or
proselytization.
(i) Preemption.--Nothing in this section shall be construed
to preempt any provision of a State constitution or State
statute that prohibits or restricts the expenditure of State
funds in or by religious organizations.
(j) Protection for Beneficiaries.--A charitable, religious,
or private organization shall not subject a participant during
a program assisted under this title to sectarian worship,
instruction, or proselytization.
(k) Treatment of Religious Organizations.--For purposes of
any Federal, State, or local law, receipt of financial
assistance under this title shall constitute receipt of Federal
financial assistance or aid.
SEC. 4150. DISCIPLINE OF CHILDREN WITH DISABILITIES.
(a) Possession of Weapons.--
(1) Authority of school personnel.--Each State
receiving funds under this Act shall require each local
educational agency to have in effect a policy under
which school personnel of such agency may discipline
(including expel or suspend) a child with a disability
who carries or possesses a weapon to or at a school, on
school premises, or to or at a school function, under
the jurisdiction of a State or a local educational
agency, in the same manner in which such personnel may
discipline a child without a disability. Such personnel
may modify the disciplinary action on a case-by-case
basis.
(2) Rule of construction.--Nothing in paragraph (1)
shall be construed to prevent a child with a disability
who is disciplined pursuant to the authority provided
under paragraph (1) from asserting a defense that the
carrying or possession of the weapon was unintentional
or innocent.
(3) Free appropriate public education.--
(A) Ceasing to provide education.--
Notwithstanding any other provision of Federal
law, a child expelled or suspended under
paragraph (1) shall not be entitled to continue
educational services, including a free
appropriate public education, required under
Federal law during the term of such expulsion
or suspension, if the State in which the local
educational agency responsible for providing
educational services to such child does not
require a child without a disability to receive
educational services after being expelled or
suspended.
(B) Providing education.--Notwithstanding
subparagraph (A), the local educational agency
responsible for providing educational services
to a child with a disability who is expelled or
suspended under subparagraph (A) may choose to
continue to provide educational services or
mental health services to such child. If the
local educational agency so chooses to continue
to provide the services--
(i) nothing in any other provision of
Federal law shall require the local
educational agency to provide such
child with any particular level of
service; and
(ii) the location where the local
educational agency provides the
services shall be left to the
discretion of the local educational
agency.
(4) Definition.--For purposes of this subsection, the
term ``weapon'' has the meaning given the term
``dangerous weapon'' under paragraph (2) of subsection
(g) of section 930 of title 18, United States Code.
(b) Dangerous Behavior.--
(1) Authority of school personnel.--Each State
receiving funds under this Act shall require each local
educational agency to have in effect a policy under
which school personnel of such agency may discipline
(including expel or suspend) a child with a disability
who--
(A) knowingly possesses or uses illegal drugs
or sells or solicits the sale of a controlled
substance at a school, on school premises, or
to or at a school function, under the
jurisdiction of a State or a local educational
agency, or
(B) commits an aggravated assault or battery
(as defined under State or local law) at a
school, on school premises, or at a school
function, under the jurisdiction of a State or
a local educational agency,
in the same manner in which such personnel may
discipline a child without a disability, consistent
with State and local law. Such personnel may modify the
disciplinary action on a case-by-case basis.
(2) Rule of construction.--Nothing in paragraph (1)
shall be construed to prevent a child with a disability
who is disciplined pursuant to the authority provided
under paragraph (1)(A) from asserting a defense that
the possession or use of the illegal drugs (or sale or
solicitation of the controlled substance) was
unintentional or innocent.
(3) Free appropriate public education.--
(A) Ceasing to provide education.--
Notwithstanding any other provision of Federal
law, a child expelled or suspended under
paragraph (1) shall not be entitled to continue
educational services, including a free
appropriate public education, required under
Federal law during the term of such expulsion
or suspension, if the State in which the local
educational agency responsible for providing
educational services to such child does not
require a child without a disability to receive
educational services after being expelled or
suspended.
(B) Providing education.--Notwithstanding
subparagraph (A), the local educational agency
responsible for providing educational services
to a child with a disability who is expelled or
suspended under subparagraph (A) may choose to
continue to provide educational services or
mental health services to such child. If the
local educational agency so chooses to continue
to provide the services--
(i) nothing in any other provision of
Federal law shall require the local
educational agency to provide such
child with any particular level of
service; and
(ii) the location where the local
educational agency provides the
services shall be left to the
discretion of the local educational
agency.
(4) Definitions.--For purposes of this subsection:
(A) Controlled substance.--The term
``controlled substance'' shall have the same
meaning as the term is defined in section 4141.
(B) Illegal drug.--The term ``illegal drug''
means a controlled substance, but does not
include such a substance that is legally
possessed or used under the supervision of a
licensed health-care professional or that is
legally possessed or used under any other
authority under the Controlled Substances Act
or under any other provision of Federal law.
* * * * * * *
[TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
[SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
[(a) Findings.--The Congress finds that chapter 2 of title I
of this Act (as such chapter was in effect on the day preceding
the date of enactment of the Improving America's Schools Act of
1994) has been successful in achieving the goals of increasing
local flexibility, reducing administrative burden, providing
services for private school students, encouraging innovation,
and contributing to the improvement of elementary and secondary
educational programs.
[(b) Statement of Purpose.--It is the purpose of programs
under this title--
[(1) to support local education reform efforts which
are consistent with and support statewide reform
efforts under Goals 2000: Educate America Act;
[(2) to support State and local efforts to accomplish
the National Education Goals;
[(3) to provide funding to enable State and local
educational agencies to implement promising educational
reform programs;
[(4) to provide a continuing source of innovation,
and educational improvement, including support for
library services and instructional and media materials;
and
[(5) to meet the special educational needs of at risk
and high cost students.
[(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this title is within the State educational agencies, but
it is the intent of Congress that the responsibility be carried
out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this
title will be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because such agencies and individuals
have the most direct contact with students and are most likely
to be able to design programs to meet the educational needs of
students in their own school districts.
[SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
[(a) Authorization.--To carry out the purposes of this title,
there are authorized to be appropriated $370,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
[(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending September 30, 1999, the Secretary
shall, in accordance with the provisions of this title, make
payments to State educational agencies for the purpose of this
title.
[SEC. 6003. DEFINITION.
[For the purposes of this title the term ``effective schools
programs'' means school-based programs that may encompass
preschool through secondary school levels and that have the
objectives of (1) promoting school-level planning,
instructional improvement, and staff development, (2)
increasing the academic achievement levels of all children and
particularly educationally disadvantaged children, and (3)
achieving as ongoing conditions in the school the following
factors identified through effective schools research as
distinguishing effective from ineffective schools:
[(A) Strong and effective administrative and
instructional leadership that creates consensus on
instructional goals and organizational capacity for
instructional problem solving.
[(B) Emphasis on the acquisition of basic and higher
order skills.
[(C) A safe and orderly school environment that
allows teachers and pupils to focus their energies on
academic achievement.
[(D) A climate of expectation that virtually all
children can learn under appropriate conditions.
[(E) Continuous assessment of students and programs
to evaluate the effects of instruction.
[PART A--STATE AND LOCAL PROGRAMS
[SEC. 6101. ALLOTMENT TO STATES.
[(a) Reservations.--From the sums appropriated to carry out
this title in any fiscal year, the Secretary shall reserve not
to exceed one percent for payments to outlying areas to be
allotted in accordance with their respective needs.
[(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of one percent of such remainder.
[(c) Definitions.--For purposes of this part:
[(1) The term ``school-age population'' means the
population aged 5 through 17.
[(2) The term ``States'' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto
Rico.
[SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
[(a) Distribution Rule.--From the sums made available each
year to carry out this title, the State educational agency
shall distribute not less than 85 percent to local educational
agencies within such State according to the relative
enrollments in public and private, nonprofit schools within the
school districts of such agencies, adjusted, in accordance with
criteria approved by the Secretary, to provide higher per pupil
allocations to local educational agencies which have the
greatest numbers or percentages of children whose education
imposes a higher than average cost per child, such as--
[(1) children living in areas with high
concentrationsof low-income families;
[(2) children from low-income families; and
[(3) children living in sparsely populated areas.
[(b) Calculation of Enrollments.--
[(1) In general.--The calculation of relative
enrollments under subsection (a) shall be on the basis
of the total of--
[(A) the number of children enrolled in
public schools; and
[(B) the number of children enrolled in
private nonprofit schools that desire that
their children participate in programs or
projects assisted under this title, for the
fiscal year preceding the fiscal year for which
the determination is made.
[(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational
agencies to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children
participate in programs assisted under this part.
[(3) Adjustments.--(A) Relative enrollments under
subsection (a) shall be adjusted, in accordance with
criteria approved by the Secretary under subparagraph
(B), to provide higher per pupil allocations only to
local educational agencies which serve the greatest
numbers or percentages of--
[(i) children living in areas with high
concentrations of low-income families;
[(ii) children from low-income families; or
[(iii) children living in sparsely populated
areas.
[(B) The Secretary shall review criteria submitted by
a State educational agency for adjusting allocations
under paragraph (1) and shall approve such criteria
only if the Secretary determines that such criteria are
reasonably calculated to produce an adjusted allocation
that reflects the relative needs within the State's
local educational agencies based on the factors set
forth in subparagraph (A).
[(c) Payment of Allocations.--
[(1) Distribution.--From the funds paid to a State
educational agency pursuant to section 6002 for a
fiscal year, a State educational agency shall
distribute to each eligible local educational agency
which has submitted an application as required in
section 6202 the amount of such local educational
agency allocation as determined under subsection (a).
[(2) Additional funds.--(A) Additional funds
resulting from higher per pupil allocations provided to
a local educational agency on the basis of adjusted
enrollments of children described in subsection (a),
may, at the discretion of the local educational agency,
be allocated for expenditures to provide services for
children enrolled in public and private nonprofit
schools in direct proportion to the number of children
described in subsection (a) and enrolled in such
schools within the local educational agency.
[(B) In any fiscal year, any local educational agency
that elects to allocate such additional funds in the
manner described in subparagraph (A) shall allocate all
additional funds to schools within the local
educational agency in such manner.
[(C) The provisions of subparagraphs (A) and (B) may
not be construed to require any school to limit the use
of such additional funds to the provision of services
to specific students or categories of students.
[PART B--STATE PROGRAMS
[SEC. 6201. STATE USES OF FUNDS.
[(a) Authorized Activities.--A State educational agency may
use funds made available for State use under this title only
for--
[(1) State administration of programs under this
title including--
[(A) supervision of the allocation of funds
to local educational agencies;
[(B) planning, supervision, and processing of
State funds; and
[(C) monitoring and evaluation of programs
and activities under this title;
[(2) support for planning, designing, and initial
implementation of charter schools as described in part
C of title X; and
[(3) technical assistance and direct grants to local
educational agencies and statewide education reform
activities including effective schools programs which
assist local educational agencies to provide targeted
assistance.
[(b) Limitations and Requirements.--Not more than 25 percent
of funds available for State programs under this title in any
fiscal year may be used for State administration under
subsection (a)(1).
[SEC. 6202. STATE APPLICATIONS.
[(a) Application Requirements.--Any State which desires to
receive assistance under this part shall submit to the
Secretary an application which--
[(1) designates the State educational agency as the
State agency responsible for administration and
supervision of programs assisted under this title;
[(2)(A) provides for a biennial submission of data on
the use of funds, the types of services furnished, and
the students served under this title; and
[(B) in fiscal year 1998 provides for an evaluation
of the effectiveness of programs assisted under this
title;
[(3) sets forth the allocation of such funds required
to implement section 6402;
[(4) provides that the State educational agency will
keep such records and provide such information to the
Secretary as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section);
[(5) provides assurance that, apart from technical
and advisory assistance and monitoring compliance with
this title, the State educational agency has not
exercised and will not exercise any influence in the
decisionmaking processes of local educational agencies
as to the expenditure made pursuant to an application
under section 6303;
[(6) contains assurances that there is compliance
with the specific requirements of this title; and
[(7) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
[(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to exceed
three years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
[(c) Audit Rule.--Local educational agencies receiving less
than an average of $5,000 each under this title shall not be
audited more frequently than once every five years.
[PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
[SEC. 6301. TARGETED USE OF FUNDS.
[(a) General Rule.--Funds made available to local educational
agencies under section 6102 shall be used for innovative
assistance described in subsection (b).
[(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) include--
[(1) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers and other school
officials regarding how to use effectively such
equipment and software;
[(2) programs for the acquisition and use of
instructional and educational materials, including
library services and materials (including media
materials), assessments, reference materials, computer
software and hardware for instructional use, and other
curricular materials which are tied to high academic
standards and which will be used to improve student
achievement and which are part of an overall education
reform program;
[(3) promising education reform projects, including
effective schools and magnet schools;
[(4) programs to improve the higher order thinking
skills of disadvantaged elementary and secondary school
students and to prevent students from dropping out of
school;
[(5) programs to combat illiteracy in the student and
adult population, including parent illiteracy;
[(6) programs to provide for the educational needs of
gifted and talented children;
[(7) school reform activities that are consistent
with the Goals 2000: Educate America Act;
[(8) planning, designing, and initial implementation
of charter schools as described in part C of title X;
and
[(9) school improvement programs or activities under
sections 1116 and 1117.
[SEC. 6302. ADMINISTRATIVE AUTHORITY.
[In order to conduct the activities authorized by this title,
each State or local educational agency may use funds reserved
for this title to make grants to and to enter into contracts
with local educational agencies, institutions of higher
education, libraries, museums, and other public and private
nonprofit agencies, organizations, and institutions.
[SEC. 6303. LOCAL APPLICATIONS.
[(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds
under this title for any year for which an application is
submitted to the State educational agency and such application
is certified to meet the requirements of this section. The
State educational agency shall certify any such application if
such application--
[(1)(A) sets forth the planned allocation of funds
among innovative assistance programs described in
section 6301 and describes the programs, projects, and
activities designed to carry out such innovative
assistance which the local educational agency intends
to support, together with the reasons for the selection
of such programs, projects, and activities; and
[(B) sets forth the allocation of such funds required
to implement section 6402;
[(2) describes how assistance under this title will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality
of education for students;
[(3) provide assurances of compliance with the
provisions of this title, including the participation
of children enrolled in private, nonprofit schools in
accordance with section 6402;
[(4) agrees to keep such records, and provide such
information to the State educational agency as
reasonably may be required for fiscal audit and program
evaluation, consistent with the responsibilities of the
State agency under this title; and
[(5) provides in the allocation of funds for the
assistance authorized by this title, and in the design,
planning and implementation of such programs, for
systematic consultation with parents of children
attending elementary and secondary schools in the area
served by the local educational agency, with teachers
and administrative personnel in such schools, and with
other groups involved in the implementation of this
title (such as librarians, school counselors, and other
pupil services personnel) as may be considered
appropriate by the local educational agency.
[(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period
not to exceed three fiscal years, may provide for the
allocation of funds to programs for a period of three years,
and may be amended annually as may be necessary to reflect
changes without filing a new application.
[(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local educational
agency shall have complete discretion in determining how funds
under this part shall be divided among the areas of targeted
assistance. In exercising such discretion, a local educational
agency shall ensure that expenditures under this part carry out
the purposes of this title and are used to meet the educational
needs within the schools of such local educational agency.
[PART D--GENERAL ADMINISTRATIVE PROVISIONS
[SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
[(a) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allocation
of funds under this part for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
[(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this part
in any fiscal year in the exact proportion to which the
State fails to meet the requirements of paragraph (1)
by falling below 90 percent of both the fiscal effort
per student and aggregate expenditures (using the
measure most favorable to the State), and no such
lesser amount shall be used for computing the effort
required under paragraph (1) for subsequent years.
[(3) Waivers.--The Secretary may waive, for one
fiscal year only, the requirements of this section if
the Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
[SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) Participation on Equitable Basis.--
[(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this title or which serves the area in which a
program or project assisted under this title is located
who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
use, such agency, after consultation with appropriate
private school officials, shall provide for the benefit
of such children in such schools secular, neutral, and
nonideological services, materials, and equipment,
including the participation of the teachers of such
children (and other educational personnel serving such
children) in training programs, and the repair, minor
remodeling, or construction of public facilities as may
be necessary for their provision (consistent with
subsection (c) of this section), or, if such services,
materials, and equipment are not feasible or necessary
in one or more such private schools as determined by
the local educational agency after consultation with
the appropriate private school officials, shall provide
such other arrangements as will assure equitable
participation of such children in the purposes and
benefits of this title.
[(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State educational agency shall make arrangements, such
as through contracts with nonprofit agencies or
organizations, under which children in private schools
in such district are provided with services and
materials to the extent that would have occurred if the
local educational agency had received funds under this
title.
[(3) Application of requirements.--The requirements
of this section relating to the participation of
children, teachers, and other personnel serving such
children shall apply to programs and projects carried
out under this title by a State or local educational
agency, whether directly or through grants to or
contracts with other public or private agencies,
institutions, or organizations.
[(b) Equal Expenditures.--Expenditures for programs pursuant
to subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under this
title for children enrolled in the public schools of the local
educational agency, taking into account the needs of the
individual children and other factors which relate to such
expenditures, and when funds available to a local educational
agency under this title are used to concentrate programs or
projects on a particular group, attendance area, or grade or
age level, children enrolled in private schools who are
included within the group, attendance area, or grade or age
level selected for such concentration shall, after consultation
with the appropriate private school officials, be assured
equitable participation in the purposes and benefits of such
programs or projects.
[(c) Funds.--
[(1) Administration of funds and property.--The
control of funds provided under this title, and title
to materials, equipment, and property repaired,
remodeled, or constructed with such funds, shall be in
a public agency for the uses and purposes provided in
this title, and a public agency shall administer such
funds and property.
[(2) Provision of services.--The provision of
services pursuant to this title shall be provided by
employees of a public agency or through contract by
such public agency with a person, an association,
agency, or corporation who or which, in the provision
of such services, is independent of such private school
and of any religious organizations, and such employment
or contract shall be under the control and supervision
of such public agency, and the funds provided under
this title shall not be commingled with State or local
funds.
[(d) State Prohibition Waiver.--If by reason of any provision
of law a State or local educational agency is prohibited from
providing for the participation in programs of children
enrolled in private elementary and secondary schools, as
required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
[(e) Waiver and Provision of Services.--
[(1) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of
services to such children through arrangements which
shall be subject to the requirements of this section.
[(2) Withholding of allocation.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection or
subsection (d), the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
[(f) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines that there will no longer be any failure or
inability on the part of the State or local educational agency
to meet the requirements of subsections (a) and (b).
[(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this title.
[(h) Review.--
[(1) Written objections.--The Secretary shall not
take any final action under this section until the
State educational agency and the local educational
agency affected by such action have had an opportunity,
for not less than 45 days after receiving written
notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee
to show cause why that action should not be taken.
[(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
[(3) Remand to secretary.--The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive; but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence and the Secretary may make new or
modified findings of fact and may modify the
Secretary's previous action, and shall file in the
court the record of the further proceedings. Such new
or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
[(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
[(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such
chapter was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
shall, to the extent consistent with the purposes of this
title, apply to programs under this title.
[SEC. 6403. FEDERAL ADMINISTRATION.
[(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State and local
educational agencies under this title.
[(b) Rulemaking.--The Secretary shall issue regulations under
this title only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this title.
[(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this title shall become available for
obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.]
TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
(a) Findings.--The Congress finds that this title--
(1) provides flexibility to meet local needs;
(2) promotes local and State education reforms;
(3) contributes to the improvement of academic
achievement for all students.
(4) provides funding for critical activities; and
(5) provides services for private school students.
(b) Statement of Purpose.--It is the purpose of programs
under this title--
(1) to provide funding to enable States and local
educational agencies to implement promising educational
reform programs and school improvement initiatives
based on scientifically based research;
(2) to provide a continuing source of innovation and
educational improvement, including support for library
services and instructional and media materials; and
(3) to meet the educational needs of all students,
including at risk students.
(c) State and Local Responsibility.--The basic responsibility
for the administration of funds made available under this title
is within the States, but it is the intent of Congress that the
responsibility be carried out with a minimum of paperwork and
that the responsibility for the design and implementation of
programs assisted under this title will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because such
agencies and individuals have the most direct contact with
students and are most likely to be able to design programs to
meet the educational needs of students in their own school
districts.
PART A--STATE AND LOCAL PROGRAMS
SEC. 6101. ALLOTMENT TO STATES.
(a) Reservations.--From the sums appropriated to carry out
this title for any fiscal year, the Secretary shall reserve not
to exceed 1 percent for payments to outlying areas to be
allotted in accordance with their respective needs.
(b) Allotment.--From the remainder of such sums, the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to \1/2\ of 1 percent of such remainder.
SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
(a) Distribution Rule.--
(1) In general.--Subject to paragraph (2), from the
sums made available each year to carry out this title,
the State shall distribute not less than 85 percent to
local educational agencies within such State according
to the relative enrollments in public and private,
nonprofit schools within the jurisdictions of such
agencies, adjusted, in accordance with criteria
approved by the Secretary, to provide higher per-pupil
allocations to local educational agencies that have the
greatest numbers or percentages of children whose
education imposes a higher than average cost per child,
such as--
(A) children living in areas with high
concentrations of low-income families;
(B) children from low-income families; and
(C) children living in sparsely populated
areas.
(2) Exception.--100 percent of any amount by which
the funds paid to a State under this title for a fiscal
year exceed the amount of such funds paid to the State
for fiscal year 2000 shall be distributed to local
educational agencies and used locally for innovative
assistance described in section 6301(b).
(3) Limitation on administrative costs.--Not more
than 4 percent of the funds paid to a State under this
title for a fiscal year may be used by the agency for
administration and supervision of programs assisted
under this title.
(b) Calculation of Enrollments.--
(1) In general.--The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of--
(A) the number of children enrolled in public
schools; and
(B) the number of children enrolled in
private nonprofit schools that desire that
their children participate in programs or
projects assisted under this title, for the
fiscal year preceding the fiscal year for which
the determination is made.
(2) Construction.--Nothing in this subsection shall
diminish the responsibility of local educational
agencies to contact, on an annual basis, appropriate
officials from private nonprofit schools within the
areas served by such agencies in order to determine
whether such schools desire that their children
participate in programs assisted under this part.
(3) Adjustments.--
(A) In general.--Relative enrollments under
subsection (a)(1) shall be adjusted, in
accordance with criteria approved by the
Secretary under subparagraph (B), to provide
higher per-pupil allocations only to local
educational agencies that serve the greatest
numbers or percentages of--
(i) children living in areas with
high concentrations of low-income
families;
(ii) children from low-income
families; or
(iii) children living in sparsely
populated areas.
(B) Criteria.--The Secretary shall review
criteria submitted by a State for adjusting
allocations under paragraph (1) and shall
approve such criteria only if the Secretary
determines that such criteria are reasonably
calculated to produce an adjusted allocation
that reflects the relative needs within the
State's local educational agencies based on the
factors set forth in subparagraph (A).
(c) Payment of Allocations.--
(1) Distribution.--From the funds paid to a State
under this title for a fiscal year, a State shall
distribute to each eligible local educational agency
that has submitted an application as required in
section 6303 the amount of such local educational
agency's allocation, as determined under subsection
(a).
(2) Additional funds.--
(A) In general.--Additional funds resulting
from higher per-pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public and private nonprofit
schools in direct proportion to the number of
children described in subsection (a)(1) and
enrolled in such schools within the local
educational agency.
(B) Election.--In any fiscal year, any local
educational agency that elects to allocate such
additional funds in the manner described in
subparagraph (A) shall allocate all additional
funds to schools within the local educational
agency in such manner.
(C) Construction.--Subparagraphs (A) and (B)
may not be construed to require any school to
limit the use of the additional funds described
in subparagraph (A) to the provision of
services to specific students or categories of
students.
PART B--STATE PROGRAMS
SEC. 6201. STATE USES OF FUNDS.
A State may use funds made available for State use under this
title only for--
(1) State administration of programs under this title
including--
(A) supervision of the allocation of funds to
local educational agencies;
(B) planning, supervision, and processing of
State funds; and
(C) monitoring and evaluation of programs and
activities under this title;
(2) support for planning, designing, and initial
implementation of charter schools as described in part
C of title X; and
(3) statewide education reform and school improvement
activities and technical assistance and direct grants
to local educational agencies which assist such
agencies under section 6301.
SEC. 6202. STATE APPLICATIONS.
(a) Application Requirements.--Any State that desires to
receive assistance under this title shall submit to the
Secretary an application which--
(1) provides for an annual statewide summary of how
assistance under this title is contributing toward
improving student achievement or improving the quality
of education for students;
(2) sets forth the allocation of such funds required
to implement section 6402;
(3) provides that the State will keep such records
and provide such information to the Secretary as may be
required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary
under this section);
(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this
title, the State has not exercised and will not
exercise any influence in the decisionmaking processes
of local educational agencies as to the expenditure
made pursuant to an application under section 6303;
(5) contains assurances that there is compliance with
the specific requirements of this title; and
(6) provides for timely public notice and public
dissemination of the information provided pursuant to
paragraph (2).
(b) Statewide Summary.--The statewide summary referred to in
subsection (a)(2) shall be submitted to the Secretary and shall
be derived from the evaluation information submitted by local
educational agencies to the State under section 6303(a)(8). The
format and content of such summary shall be in the discretion
of the State and may include statistical measures such as the
number of students served by each type of innovative assistance
described in subsection (b), including the number of teachers
trained.
(c) Period of Application.--An application filed by the State
under subsection (a) shall be for a period not to exceed 3
years, and may be amended annually as may be necessary to
reflect changes without filing a new application.
(d) Audit Rule.--Local educational agencies receiving less
than an average of $5,000 each under this title shall not be
audited more frequently than once every 5 years.
PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
SEC. 6301. TARGETED USE OF FUNDS.
(a) General Rule.--Funds made available to local educational
agencies under section 6102 shall be used for innovative
assistance described in subsection (b).
(b) Innovative Assistance.--The innovative assistance
programs referred to in subsection (a) may include--
(1) professional development activities and the
hiring of teachers, including activities consistent
with title II, that give teachers, principals, and
administrators the knowledge and skills to provide
students with the opportunity to meet challenging State
or local content standards and student performance
standards;
(2) technology related to the implementation of
school-based reform programs, including professional
development to assist teachers and other school
officials regarding how to use effectively such
equipment and software;
(3) programs for the development or acquisition and
use of instructional and educational materials,
including library services and materials (including
media materials), assessments, reference materials,
computer software and hardware for instructional use,
and other curricular materials which are tied to high
academic standards and which will be used to improve
student achievement and which are part of an overall
education reform program;
(4) promising education reform projects, including
effective schools and magnet schools;
(5) programs to improve the academic skills of
disadvantaged elementary and secondary school students
and to prevent students from dropping out of school;
(6) programs to combat illiteracy in the student and
adult population, including parent illiteracy;
(7) programs to provide for the educational needs of
gifted and talented children;
(8) planning, designing, and initial implementation
of charter schools as described in part C of title X;
(9) school improvement programs or activities under
sections 1116 and 1117;
(10) education reform projects that provide single
gender schools and classrooms, as long as comparable
educational opportunities are offered for students of
both sexes;
(11) community service programs that use qualified
school personnel to train and mobilize young people to
measurably strengthen their communities through
nonviolence, responsibility, compassion, respect, and
moral courage;
(12) curriculum-based youth entrepreneurship
education programs with demonstrated records of
empowering disadvantaged youth with applied
mathematics, entrepreneurial, and other analytical
skills;
(13) activities to promote consumer, economic, and
personal finance education, such as disseminating and
encouraging the best practices for teaching the basic
principles of economics and promoting the concept of
achieving financial literacy through the teaching of
personal financial management skills including the
basic principles involved with earning, spending,
saving, and investing;
(14) public school choice;
(15) expanding and improving school-based mental
health services, including early identification of drug
use and violence, assessment, and direct individual or
group counseling services provided to students,
parents, and school personnel by qualified school based
mental health services personnel; and
(16) alternative educational programs for those
students who have been expelled or suspended from their
regular educational setting, including programs to
assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
SEC. 6302. ADMINISTRATIVE AUTHORITY.
In order to conduct the activities authorized by this title,
each State or local educational agency may use funds reserved
for this title to make grants to, and to enter into contracts
with, local educational agencies, institutions of higher
education, libraries, museums, and other public and private
nonprofit agencies, organizations, and institutions.
SEC. 6303. LOCAL APPLICATIONS.
(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds
under this title for any year for which an application is
submitted to the State and such application is certified to
meet the requirements of this section. The State shall certify
any such application if such application--
(1) describes locally identified needs relative to
the purposes of this title and to the innovative
assistance described in section 6301(b);
(2) based on the needs identified in paragraph (1),
sets forth the planned allocation of funds among
innovative assistance programs described in section
6301 and describes the programs, projects, and
activities designed to carry out such innovative
assistance that the local educational agency intends to
support;
(3) sets forth the allocation of such funds required
to implement section 6402;
(4) describes how assistance under this title will
contribute to improving student academic achievement;
(5) provides assurances of compliance with the
provisions of this title, including the participation
of children enrolled in private, nonprofit schools in
accordance with section 6402;
(6) agrees to keep such records, and provide such
information to the State as reasonably may be required
for fiscal audit and program evaluation, consistent
with the responsibilities of the State under this
title;
(7) provides in the allocation of funds for the
assistance authorized by this title, and in the design,
planning, and implementation of such programs, for
systematic consultation with parents of children
attending elementary and secondary schools in the area
served by the local educational agency, with teachers
and administrative personnel in such schools, and with
other groups involved in the implementation of this
title (such as librarians, school counselors, and other
pupil services personnel) as may be considered
appropriate by the local educational agency; and
(8) provides assurance that--
(A) programs, services, and activities will
be evaluated annually;
(B) such evaluation will be used to determine
and implement appropriate changes in program
services and activities for the subsequent
year;
(C) such evaluation shall describe how
assistance under this title contributed toward
improving student academic achievement; and
(D) such evaluation shall be submitted to the
State in the time and manner requested by the
agency.
(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period
not to exceed 3 fiscal years, may provide for the allocation of
funds to programs for a period of 3 years, and may be amended
annually as may be necessary to reflect changes without filing
a new application.
(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local educational
agency shall have complete discretion in determining how funds
under this part shall be divided under section 6301. In
exercising such discretion, a local educational agency shall
ensure that expenditures under this part carry out the purposes
of this title and are used to meet the educational needs within
the schools of such local educational agency.
PART D--GENERAL PROVISIONS
SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
(a) Maintenance of Effort.--
(1) In general.--Except as provided in paragraph (2),
a State is entitled to receive its full allocation of
funds under this part for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
(2) Reduction of funds.--The Secretary shall reduce
the amount of the allocation of funds under this part
in any fiscal year in the exact proportion to which the
State fails to meet the requirements of paragraph (1)
by falling below 90 percent of both the fiscal effort
per student and aggregate expenditures (using the
measure most favorable to the State), and no such
lesser amount shall be used for computing the effort
required under paragraph (1) for subsequent years.
(3) Waivers.--The Secretary may waive, for 1 fiscal
year only, the requirements of this section if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
(b) Federal Funds Supplementary.--A State or local
educational agency may use and allocate funds received under
this part only so as to supplement and, to the extent
practical, increase the level of funds that would, in the
absence of Federal funds made available under this part, be
made available from non-Federal sources, and in no case may
such funds be used so as to supplant funds from non-Federal
sources.
SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) Participation on Equitable Basis.--
(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency which is eligible to receive funds
under this title or which serves the area in which a
program or project assisted under this title is located
who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or
personnel training programs funded by the State from
funds made available for State use, such agency, after
consultation with appropriate private school officials,
shall provide for the benefit of such children in such
schools secular, neutral, and nonideological services,
materials, and equipment, including the participation
of the teachers of such children (and other educational
personnel serving such children) in training programs,
and the repair or minor remodeling of public facilities
as may be necessary for their provision (consistent
with subsection (c) of this section), or, if such
services, materials, and equipment are not feasible or
necessary in one or more such private schools as
determined by the local educational agency after
consultation with the appropriate private school
officials, shall provide such other arrangements as
will assure equitable participation of such children in
the purposes and benefits of this title.
(2) Other provisions for services.--If no program or
project is carried out under paragraph (1) in the
school district of a local educational agency, the
State shall make arrangements, such as through
contracts with nonprofit agencies or organizations,
under which children in private schools in such
district are provided with services and materials to
the extent that would have occurred if the local
educational agency had received funds under this title.
(3) Application of requirements.--The requirements of
this section relating to the participation of children,
teachers, and other personnel serving such children
shall apply to programs and projects carried out under
this title by a State or local educational agency,
whether directly or through grants to or contracts with
other public or private agencies, institutions, or
organizations.
(b) Equal Expenditures.--Expenditures for programs pursuant
to subsection (a) shall be equal (consistent with the number of
children to be served) to expenditures for programs under this
title for children enrolled in the public schools of the local
educational agency, taking into account the needs of the
individual children and other factors which relate to such
expenditures, and when funds available to a local educational
agency under this title are used to concentrate programs or
projects on a particular group, attendance area, or grade or
age level, children enrolled in private schools who are
included within the group, attendance area, or grade or age
level selected for such concentration shall, after consultation
with the appropriate private school officials, be assured
equitable participation in the purposes and benefits of such
programs or projects.
(c) Funds.--
(1) Administration of funds and property.--The
control of funds provided under this title, and title
to materials, equipment, and property repaired,
remodeled, or constructed with such funds, shall be in
a public agency for the uses and purposes provided in
this title, and a public agency shall administer such
funds and property.
(2) Provision of services.--The provision of services
pursuant to this title shall be provided by employees
of a public agency or through contract by such public
agency with a person, an association, agency, or
corporation who or which, in the provision of such
services, is independent of such private school and of
any religious organizations, and such employment or
contract shall be under the control and supervision of
such public agency, and the funds provided under this
title shall not be commingled with State or local
funds.
(d) State prohibition waiver.--If by reason of any provision
of law a State or local educational agency is prohibited from
providing for the participation in programs of children
enrolled in private elementary and secondary schools, as
required by this section, the Secretary shall waive such
requirements and shall arrange for the provision of services to
such children through arrangements which shall be subject to
the requirements of this section.
(e) Waiver and Provision of Services.--
(1) Failure to comply.--If the Secretary determines
that a State or a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children
enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such
requirements and shall arrange for the provision of
services to such children through arrangements which
shall be subject to the requirements of this section.
(2) Withholding of allocation.--Pending final
resolution of any investigation or complaint that could
result in a determination under this subsection or
subsection (d), the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
(f) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines that there will no longer be any failure or
inability on the part of the State or local educational agency
to meet the requirements of subsections (a) and (b).
(g) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State under
this title.
(h) Review.--
(1) Written objections.--The Secretary shall not take
any final action under this section until the State and
the local educational agency affected by such action
have had an opportunity, for not less than 45 days
after receiving written notice thereof, to submit
written objections and to appear before the Secretary
or the Secretary's designee to show cause why that
action should not be taken.
(2) Court action.--If a State or local educational
agency is dissatisfied with the Secretary's final
action after a proceeding under paragraph (1), such
agency may, not later than 60 days after notice of such
action, file with the United States court of appeals
for the circuit in which such State is located a
petition for review of that action. A copy of the
petition shall be transmitted by the clerk of the court
to the Secretary. The Secretary thereupon shall file in
the court the record of the proceedings on which the
Secretary based this action, as provided in section
2112 of title 28, United States Code.
(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall
be conclusive; but the court, for good cause shown, may
remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive if
supported by substantial evidence.
(4) Court review.--Upon the filing of such petition,
the court shall have jurisdiction to affirm the action
of the Secretary or to set such action aside, in whole
or in part. The judgment of the court shall be subject
to review by the Supreme Court of the United States
upon certiorari or certification as provided in section
1254 of title 28, United States Code.
SEC. 6403. FEDERAL ADMINISTRATION.
(a) Technical Assistance.--The Secretary, upon request, shall
provide technical assistance to States and local educational
agencies under this title.
(b) Rulemaking.--The Secretary shall issue regulations under
this title only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this title.
(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
activities under this title shall become available for
obligation on July 1 of such fiscal year and shall remain
available for obligation until the end of the subsequent fiscal
year.
SEC. 6404. DEFINITIONS.
For purposes of this title:
(1) Effective schools programs.--The term ``effective
schools programs'' means school-based programs that may
encompass preschool through secondary school levels and
that have the objectives of--
(A) promoting school-level planning,
instructional improvement, and staff
development;
(B) increasing the academic achievement
levels of all children and particularly
educationally disadvantaged children; and
(C) achieving as ongoing conditions in the
school the following factors identified through
scientifically based research as distinguishing
effective from ineffective schools:
(i) Strong and effective
administrative and instructional
leadership that creates consensus on
instructional goals and organizational
capacity for instructional problem
solving.
(ii) Emphasis on the acquisition of
basic and advanced academic skills.
(iii) A safe and orderly school
environment that allows teachers and
pupils to focus their energies on
academic achievement.
(iv) Continuous review of students
and programs to evaluate the effects of
instruction.
(2) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
(3) Scientifically based research.--The term
``scientifically based research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to effective schools
programs; and
(B) shall include research that--
(i) employs systematic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
(4) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 6405. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this
title $365,750,000 for fiscal year 2000 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
* * * * * * *
[TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE
[PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
[SEC. 10101. 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 10102;
[(X) programs under section 10103;
[(Y) programs under section 10104; and
[(Z) programs under section 10105;
[(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, 1994,
through September 30, 1999.
[(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 $50,000,000
for fiscal year 1995 and such sums as may be necessary for each
of the four succeeding fiscal years.
[SEC. 10102. 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, 1998.
[(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. 10103. 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. 10104. 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
to be held in 1999.
[(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 in the
summer of 1999;
[(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
after 1999 without Federal assistance.
[SEC. 10105. 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. 10106. 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. 10107. 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 A--FUND FOR THE IMPROVEMENT OF EDUCATION
SEC. 10101. PROHIBITION ON FEDERALLY SPONSORED TESTING.
Notwithstanding any other provision of Federal law, no funds
provided under this part to the Secretary or to the recipient
of any award may be used to develop, pilot test, field test,
implement, administer, or distribute any federally sponsored
national test in reading, mathematics, or any other subject,
unless specifically and explicitly authorized by law.
SEC. 10102. PROHIBITION ON FEDERAL ENDORSEMENT OF ELEMENTARY AND
SECONDARY SCHOOL CURRICULUM.
Notwithstanding any other provision of Federal law, no funds
provided under this part to the Secretary may be used to
endorse, approve, or sanction any curriculum designed to be
used in elementary or secondary schools.
SEC. 10103. FUND FOR THE IMPROVEMENT OF EDUCATION.
(a) Programs and Projects Authorized.--
(1) In general.--From funds appropriated under this
part, the Secretary is authorized to support nationally
significant programs and projects to improve the
quality of elementary and secondary education at the
State and local levels.
(2) Methods for carrying out programs and projects.--
The Secretary is authorized to carry out such programs
and projects directly, or through grants to or
contracts with States or local educational agencies,
institutions of higher education, and other public and
private agencies, organizations, and institutions,
including religious organizations.
(b) Uses of Funds.--The funds appropriated under this part
may be used for any of the following activities and programs:
(1) Activities to promote systemic education reform
at the State and local levels, including--
(A) scientifically based research to improve
student academic achievement at the State and
local level; and
(B) the development and evaluation of
strategies for parent and community
involvement.
(2) Programs at the State and local levels which are
designed to yield significant results, including
programs to explore approaches to public school choice
and school-based decision-making.
(3) Programs designed to promote public school
choice.
(4) Performance rewards for States which--
(A) make significant progress in eliminating
achievement gaps by increasing the proportions
of 2 or more groups of students described in
section 1111(a)(3)(I) who meet State
proficiency standards; and
(B) have agreed to meet specific and
numerical performance goals during the term of
a performance agreement of at least 5 years in
length.
(5) Activities to promote and evaluate coordinated
pupil services programs.
(6) Activities to promote consumer, economic,
entrepreneurial, and personal finance education,
including disseminating and encouraging the best
practices for teaching the basic principles of
economics and promoting the concept of achieving
financial literacy through the teaching of personal
financial management skills, including the basic
principles involved with earning, spending, saving, and
investing.
(7) Studies, evaluations, and dissemination of
various education reform strategies and innovations
based on scientifically based research being pursued by
the Federal Government, States, and local educational
agencies.
(8) The identification and recognition of exemplary
schools and programs such as Blue Ribbon Schools.
(9) Experiential-based learning programs.
(10) The development and expansion of public-private
partnership education programs which extend the
learning experience beyond the classroom environment
through the use of computers.
(11) An independent study conducted in consultation
with appropriate entities, which will provide a multi-
level coordinated implementation strategy based on
scientifically based research, for effective
professional development activities for mathematics and
science teachers.
(12) Programs to hire and support school nurses.
(13) Grants for the education of recent immigrants to
the United States.
(14) Activities to plan, implement, or expand
alternative education programs to reduce classroom
disruptions and provide a safe learning environment.
(15) Grants for elementary and secondary school
counseling programs under section 10104.
(16) Grants for character education programs under
section 10105.
(17) Grants for smaller learning communities within
high schools programs under section 10106.
SEC. 10104. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
(a) Grants Authorized.--
(1) In general.--The Secretary may use funds provided
under this part to award grants to local educational
agencies to enable such agencies to establish or expand
elementary and secondary school counseling programs
which meet the requirements of subsection (b).
(2) Priority.--In awarding grants under this section,
the Secretary shall give special consideration to
applications describing programs which--
(A) demonstrate the greatest need for new or
additional counseling services among the
children in the schools served by the
applicant;
(B) propose the most promising and innovative
approaches for initiating or expanding 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 local
educational agencies.
(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
(b) Requirements for Counseling Programs.--Each program
funded under this section shall--
(1) be comprehensive in addressing the counseling and
educational needs of all students;
(2) use a developmental, preventive approach to
counseling;
(3) increase the range, availability, quantity, and
quality of counseling services in the elementary and
secondary schools of the local educational agency;
(4) expand counseling services through qualified
school counselors, school psychologists, and school
social workers;
(5) use innovative approaches to increase children's
understanding of peer and family relationships, work
and self, decision making, or academic and career
planning, or to improve peer interaction;
(6) provide counseling services in settings that meet
the range of needs of students;
(7) include inservice training, including training
for teachers in appropriate identification and
intervention techniques for disciplining and teaching
students at risk of violent behavior, by school
counselors, school psychologists, and school social
workers;
(8) involve parents of participating students in the
design, implementation, and evaluation of a counseling
program;
(9) involve collaborative efforts with community
groups, social service agencies, or other public or
private entities to enhance the program;
(10) evaluate annually the effectiveness and outcomes
of the counseling services and activities assisted
under this section;
(11) ensure a team approach to school counseling in
the elementary and secondary schools of the local
educational agency by maintaining a scientifically
based ratio of school counselors, school social
workers, and school psychologists to students; and
(12) ensure that school counselors, school
psychologists, or school social workers paid from funds
made available under this section spend a majority of
their time at the school in activities directly related
to the counseling process.
(c) Limit on Administration.--Not more than 3 percent of the
amounts made available under this section in any fiscal year
may be used for administrative costs to carry out this section.
(d) Definitions.--For purposes of this section, the terms
``school counselor'', ``school psychologist'', and ``school
social worker'', mean individuals qualified, licensed, or
certified under State law to provide mental health counseling
to children and adolescents.
SEC. 10105. CHARACTER EDUCATION PROGRAM.
(a) Program Authorized.--
(1) In general.--The Secretary may use funds provided
under this part to award grants to States, local
educational agencies, or consortia of such educational
agencies for the design and implementation of character
education programs which incorporate the elements of
character described in subsection (c).
(2) Duration.--Each grant under this section shall be
awarded for a period not to exceed 5 years, of which
the recipient may not use more than 1 year for planning
and program design.
(b) Contracts Under Program.--
(1) Evaluation.--Each State, local educational
agency, or consortia of such educational agencies
awarded a grant under this section may contract with
outside sources, including institutions of higher
education and private and nonprofit organizations, for
purposes of evaluating its program and measuring the
success of the program toward fostering in students the
elements of character described in subsection (c).
(2) Materials and program development.--Each State,
local educational agency, or consortia of such
educational agencies awarded a grant under this section
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.
(c) Elements of Character.--The elements of character
described in this subsection are as follows:
(1) Honesty.
(2) Citizenship.
(3) Courage.
(4) Justice.
(5) Respect.
(6) Personal Responsibility.
(7) Trustworthiness.
(8) Any other elements deemed appropriate by the
State, local educational agency, or consortia of such
educational agencies receiving a grant under this
paragraph.
(d) Selection of Recipients.--
(1) Criteria.--The Secretary shall select States,
local educational agencies, or consortia of such
educational agencies to receive grants under this
section on the basis of the quality of the applications
submitted, taking into consideration such factors as--
(A) the extent to which the proposed
character education program fosters in students
the elements of character described in
subsection (c);
(B) the extent of parental, student, and
community involvement in the program; and
(C) the likelihood that the goals of the
program will be realistically achieved.
(2) Diversity of projects.--The Secretary shall
approve applications for grants under this section in a
manner which ensures to the extent practicable that the
character education programs funded with such grants--
(A) serve an equitable geographic
distribution among the regions of the United
States and among urban, suburban, and rural
areas; and
(B) serve schools which serve a high
percentage of minorities, Native Americans,
students of limited English proficiency, and
disadvantaged students.
SEC. 10106. SMALLER LEARNING COMMUNITIES WITHIN HIGH SCHOOLS.
(a) In General.--The Secretary may use funds provided under
this part to--
(1) promote the creation of smaller learning
communities within high schools in which students may
receive greater individual attention and support,
including the development and implementation of
scientifically based research strategies described in
subsection (b) to create such communities; and
(2) develop and implement strategies to include
parents, business representatives, institutions of
higher education, community-based organizations, and
other community members in such communities.
(b) Examples of Strategies To Create Smaller Learning
Communities.--The strategies described in this subsection to
create smaller learning communities within high schools may
include:
(1) The establishment of learning clusters,
``houses'', magnet schools, or other approaches to
creating schools within schools.
(2) The use of block scheduling.
(3) The use of personal adult advocates, teacher-
advisory systems, and other mentoring strategies.
(4) Strategies to reduce teaching loads.
(5) Other innovations designed to increase student
academic achievement through the creation of a more
personalized high school experience for students.
(c) Size of Communities.--In using funds under this section,
the Secretary's goal shall be the creation of learning
communities of not more than 600 students within high schools.
SEC. 10107. GENERAL PROVISIONS.
(a) Awards Made on Competitive Basis.--The Secretary may make
awards under this part on the basis of competitions announced
by the Secretary.
(b) Special Rule.--The Secretary shall ensure that programs,
projects, and activities supported under this part are designed
so that the effectiveness of such programs, projects, and
activities is readily ascertainable and based on scientifically
based research.
(c) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for assistance under this
part, and may use funds appropriated under this part for the
cost of such peer review.
(d) Applications.--An applicant for an award under this part
shall submit an application which--
(1) establishes clear goals and objectives for its
project under this part which are based on
scientifically based research; and
(2) describes the activities it will carry out in
order to meet the goals and objectives described in
paragraph (1).
(e) Evaluations.--A recipient of an award under this part
shall--
(1) evaluate the effectiveness of its project in
achieving the goals and objectives stated in its
application; and
(2) report to the Secretary such information as may
be required, including evidence of its progress toward
meeting the such goals, to determine the project's
effectiveness.
(f) Dissemination of Evaluation Results.--The Secretary shall
provide for the dissemination of the evaluations of projects
funded under this part by making the evaluations publicly
available upon request, and shall publish public notice that
the evaluations are so available.
(g) Matching Funds.--The Secretary may require recipients of
awards under this part to provide matching funds from non-
Federal sources.
(h) Scientifically Based Research Defined.--In this part, the
term ``scientifically based research''--
(1) means the application of rigorous, systematic,
and objective procedures to obtain valid knowledge
relevant to education activities and programs; and
(2) shall include research which--
(A) employs systematic, empirical methods
which draw on observation or experiment,
(B) involves rigorous data analyses which are
adequate to test the stated hypotheses and
justify the general conclusions drawn,
(C) relies on measurements or observational
methods which 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.
(i) Authorization of Appropriations.--For the purpose of
carrying out this part, there are authorized to be appropriated
$50,000,000 for fiscal year 2000 and $50,000,000 for each of
the 5 succeeding fiscal years.
* * * * * * *
PART C--PUBLIC CHARTER SCHOOLS
* * * * * * *
SEC. 10310. DEFINITIONS.
As used in this part:
(1) The term ``charter school'' means a public school
that--
(A) * * *
* * * * * * *
(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, or in another
nondiscriminatory manner consistent with State
law, if more students apply for admission than
can be accommodated;
* * * * * * *
SEC. 10311. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated [$100,000,000 for fiscal year
1999] $145,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the [four] 5 succeeding fiscal years.
[PART D--ARTS IN EDUCATION
[Subpart 1--Arts Education
[SEC. 10401. 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
$11,000,000 for fiscal year 1995 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. 10411. 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. 10412. 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 10413.
[(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. 10413. 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. 10414. 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 10413(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 10413(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. 10415. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years.]
PART D--ARTS EDUCATION
SEC. 10401. SUPPORT FOR ARTS EDUCATION.
(a) Findings.--The Congress finds that--
(1) every student can benefit from an education in
the arts;
(2) a growing body of research indicates that
education in the arts may provide cognitive benefits
and bolster academic achievement, beginning at an early
age and continuing through school;
(3) qualified arts teachers and sequential curriculum
are the basis and core for substantive arts education
for students;
(4) arts education programs should be grounded in
rigorous instruction and take their place within a
structure of direct accountability to parents, school
officials, and the community;
(5) opportunities in the arts have enabled persons of
all ages with disabilities to participate more fully in
school and community activities; and
(6) arts education is a valuable part of the
elementary and secondary school curriculum.
(b) Purposes.--The purposes of this part are to--
(1) support systemic education reform by
strengthening arts education as an integral part of the
elementary and secondary school curriculum; and
(2) help ensure that all students can learn to
challenging State content standards and challenging
State student performance standards in the arts.
(c) Eligible Recipients.--In order to carry out the purposes
of this part, the Secretary is authorized to award grants to,
or enter into contracts or cooperative agreements with--
(1) States;
(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 part may be used
for--
(1) research on arts education;
(2) planning, developing, acquiring, expanding,
improving, and disseminating model school-based arts
education programs;
(3) the development of model State arts education
assessments based on State standards;
(4) the development and implementation of curriculum
frameworks for arts education;
(5) the development of model inservice professional
development programs for arts educators and other
instructional staff;
(6) supporting collaborative activities with other
Federal agencies or institutions, arts educators, and
organizations representing the arts, including State
and local arts agencies involved in arts education;
(7) supporting model projects and programs in the
performing arts for children and youth and programs
which assure the participation in mainstream settings
in arts and education programs of individuals with
disabilities through arrangements made with
organizations such as the John F. Kennedy Center for
the Performing Arts and VSA arts;
(8) supporting model projects and programs to
integrate arts education into the regular elementary
and secondary school curriculum; and
(9) other activities that further the purposes of
this part.
(e) Coordination and Consultation.--
(1) In general.--A recipient of funds under this part
shall, to the extent possible, coordinate projects
assisted under this part with appropriate activities of
public and private cultural agencies, institutions, and
organizations, including museums, arts education
associations, libraries, and theaters.
(2) Consultation.--In carrying out this part, the
Secretary shall consult with other Federal agencies or
institutions, arts educators (including professional
arts education associations), and organizations
representing the arts including State and local arts
agencies involved in arts education.
(f) Authorization.--
(1) In general.--For the purpose of carrying out this
part, there are authorized to be appropriated
$11,500,000 for fiscal year 2000 and such sums as may
be necessary for each of the 5 succeeding fiscal years.
(2) Special rule.--Any entity receiving funds under
this part shall use such funds only to supplement and
not to supplant the amount of funds made available from
non-Federal sources for the activities assisted under
this part.
* * * * * * *
[PART F--CIVIC EDUCATION
[SEC. 10601. 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. 10602. 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. 10603. 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) General.--There are authorized to be
appropriated to carry out this part $15,000,000 for
fiscal year 1995 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 10601; and
[(B) 60 percent of such amount to carry out
section 10602.
[(3) Special rule.--From funds appropriated under
paragraph (1), the Secretary shall make available for
fiscal year 1995 and each succeeding fiscal year
thereafter for the programs under sections 16101 and
16102 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. 10701. 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. 10711. 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. 10712. 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. 10721. 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. 10722. 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 10711(a);
[(2) that not more than one teacher in each school
participating in the programs provided for in section
10711(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. 10731. 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. 10732. 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. 10741. 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. 10742. 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 1995 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 10711(a).]
PART F--CIVIC EDUCATION
SEC. 10601. SHORT TITLE.
This part may be cited as the ``Education for Democracy
Act''.
SEC. 10602. PURPOSE.
It is the purpose of this part--
(1) to improve the quality of civics and government
education, by educating students about the history and
principles of the Constitution of the United States,
including the Bill of Rights; and
(2) to foster civic competence and responsibility.
SEC. 10603. GENERAL AUTHORITY.
The Secretary is authorized to award grants to or enter into
contracts with the Center for Civic Education to carry out
civic education activities under sections 10604.
SEC. 10604. WE THE PEOPLE PROGRAM.
(a) The Citizen and the Constitution.--
(1) In general.--The Center for Civic Education shall
use funds awarded under section 10603(a) to carry out
The Citizen and the Constitution program in accordance
with this subsection.
(2) Educational activities.--The Citizen and the
Constitution program--
(A) shall continue and expand the educational
activities of the ``We the People . . . The
Citizen and the Constitution'' program
administered by the Center for Civic Education;
(B) shall enhance student attainment of
challenging content standards in civics and
government; and
(C) shall provide--
(i) a course of instruction on the
basic principles of our Nation's
constitutional democracy and the
history of the Constitution of the
United States and the Bill of Rights;
(ii) at the request of a
participating school, school and
community simulated congressional
hearings following the course of study;
(iii) an annual national competition
of simulated congressional hearings for
secondary school students who wish to
participate in such a program;
(iv) advanced training of teachers
about the Constitution of the United
States and the political system the
United States created;
(v) materials and methods of
instruction, including teacher
training, that utilize the latest
advancements in educational technology;
and
(vi) civic education materials and
services to address specific problems
such as the prevention of school
violence and the abuse of drugs and
alcohol.
(3) Availability of program.--The education program
authorized under this subsection shall be made
available to public and private elementary and
secondary schools, including Bureau funded schools, in
the 435 congressional districts, and in the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(b) Project Citizen.--
(1) In general.--The Center for Civic Education shall
use funds awarded under section 10603(a) to carry out
The Project Citizen program in accordance with this
subsection.
(2) Educational activities.--The Project Citizen
program--
(A) shall continue and expand the educational
activities of the ``We the People . . . Project
Citizen'' program administered by the Center
for Civic Education;
(B) shall enhance student attainment of
challenging content standards in civics and
government; and
(C) shall provide--
(i) 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 of the United States;
(ii) optional school and community
simulated State legislative hearings;
(iii) an annual national showcase or
competition;
(iv) advanced training of teachers on
the roles of State and local
governments in the Federal system
established by the Constitution of the
United States;
(v) materials and methods of
instruction, including teacher
training, that utilize the latest
advancements in educational technology;
and
(vi) civic education materials and
services to address specific problems
such as the prevention of school
violence and the abuse of drugs and
alcohol.
(3) Availability of program.--The education program
authorized under this subsection shall be made
available to public and private middle schools,
including Bureau funded schools, in the 50 States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(c) Definition of Bureau Funded School.--In this section the
term ``Bureau funded school'' has the meaning given the term in
section 1146 of the Education Amendments of 1978.
SEC. 10605. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out section
10604, $9,850,000 for fiscal year 2000 and such sums as may be
necessary for each of the fiscal years 2001 through 2005.
PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
SEC. 10701. 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. 10711. 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. 10712. 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. 10721. 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. 10722. 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
teachers school who participates in the programs
described in section 10711(a);
(2) that not more than one teacher in each school
participating in the programs provided for in section
10711(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. 10731. 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. 10732. 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. 10741. 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 Generals 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. 10742. 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 2001 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 10711(a).
* * * * * * *
[TITLE XI--COORDINATED SERVICES
[SEC. 11001. FINDINGS AND PURPOSE.
[(a) Findings.--The Congress finds the following:
[(1) Growing numbers of children are negatively
affected by influences outside of the classroom which
increase such children's risk of academic failure.
[(2) Factors such as poor nutrition, unsafe living
conditions, physical and sexual abuse, family and gang
violence, inadequate health care, unemployment, lack of
child care, and substance abuse, adversely affect
family relationships and the ability of a child to
learn.
[(3) Parents and other caregivers in today's high
pressure society often face demands which place
restraints on such parents' and caregivers' time and
affect such parents' and caregivers' ability to
adequately provide for the needs of the families of
such parents and caregivers.
[(4) Access to health and social service programs can
address the basic physical and emotional needs of
children so that children can fully participate in the
learning experiences offered children in school.
[(5) Services for at-risk students need to be more
convenient, and less fragmented, regulated and
duplicative, in order to meet the needs of children and
their families.
[(6) School personnel, parents, and support service
providers often lack knowledge of, and access to,
available services for at-risk students and their
families in the community, and have few resources to
coordinate services and make services accessible.
[(7) Service providers, such as teachers, social
workers, health care and child care providers, juvenile
justice workers and others, are often trained in
separate disciplines that provide little support for
the coordination of services.
[(8) Coordination of services is more cost effective
because such coordination substitutes prevention for
expensive crisis intervention.
[(9) Coordinating health and social services with
education can help the Nation meet the National
Education Goals by ensuring better outcomes for
children.
[(b) Purpose of Coordinating Services.--The purpose of this
title is to provide elementary and secondary school students
and their families better access to the social, health and
education services necessary for students to succeed in school
and for their families to take an active role in ensuring that
such students receive the best possible education.
[SEC. 11002. DEFINITIONS.
[For the purpose of this title--
[(1) the term ``coordinated services project'' means
a comprehensive approach to meeting the educational,
health, social service, and other needs of children and
their families, including foster children and their
foster families, through a communitywide partnership
that links public and private agencies providing such
services or access to such services through a
coordination site at or near a school; and
[(2) the term ``eligible entity'' means a local
educational agency, school, or a consortium of schools.
[SEC. 11003. AUTHORITY.
[In order to use funds made available under section 14206(b)
for the development, or the implementation or expansion, of a
coordinated service project an eligible entity shall have an
application approved under subsection (b) or (c), respectively,
of section 11004.
[SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.
[(a) Applications.--Each eligible entity desiring to use
funds made available under section 14206(b) shall submit an
application to the Secretary at such time, in such manner and
accompanied by such information as the Secretary may reasonably
require.
[(b) Project Development Plan.--The application for the
development of the coordinated services project under this
title shall cover a period of not more than 1 year and shall
include a plan that--
[(1) demonstrates that an assessment will be
performed of the economic, social, and health barriers
to educational achievement experienced by children and
families, including foster children and their foster
families, in the community, and the local, State,
Federal, and privately funded services available to
meet such needs;
[(2) identifies the measures that will be taken to
establish a communitywide partnership that links public
and private agencies providing services to children and
families; and
[(3) identifies any other measures that will be taken
to develop a comprehensive plan for the implementation
or expansion of a coordinated services project.
[(c) Project Implementation or Expansion Plan.--The
application for the implementation or expansion of a
coordinated services project under this title shall contain a
plan that includes--
[(1) the results of a children and families needs
assessment, which shall include an assessment of the
needs of foster children;
[(2) a description of the entities operating the
coordinated services project;
[(3) a description of the proposed coordinated
services project, the objectives of such project, where
such project will be located, and the staff that will
be used to carry out such project;
[(4) a description of how the success of the
coordinated services project will be evaluated;
[(5) a description of the training to be provided to
teachers and appropriate personnel;
[(6) information regarding whether a sliding scale
fee for services will be employed, and if not, an
explanation of why such scale is not feasible; and
[(7) when applicable, strategies to ensure that the
health and welfare needs of migratory families are
addressed.
[SEC. 11005. USES OF FUNDS.
[(a) Uses.--
[(1) In general.--Funds made available under section
14206(b) may be used for planning for, or the
implementation or expansion of, activities which
include--
[(A) hiring a services coordinator;
[(B) making minor renovations to existing
buildings;
[(C) purchasing basic operating equipment;
[(D) improving communications and
information-sharing among entities
participating in the coordinated services
project;
[(E) providing training to teachers and
appropriate personnel concerning such teacher's
and personnel's role in a coordinated services
project; or
[(F) conducting the needs assessment required
in section 11004(b)(1).
[(2) Prohibition.--Funds made available under section
14206(b) shall not be used for the direct provision of
any health or health-related services.
[(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--An eligible entity shall use funds received under this
title only to supplement the amount of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for coordinated services, and not to supplant
such funds.
[SEC. 11006. CONTINUING AUTHORITY.
[The Secretary shall prohibit an eligible entity from using
funds made available under section 14206(b) if the Secretary
determines that the coordinated services project assisted under
this title is not achieving effective coordination after two
years of implementation of such project.
[SEC. 11007. FEDERAL AGENCY COORDINATION.
[(a) Agency Coordination.--The Secretaries of Education,
Health and Human Services, Labor, Housing and Urban
Development, Treasury, and Agriculture, and the Attorney
General shall review the programs administered by their
agencies to identify barriers to service coordination.
[(b) Report to Congress.--Such Secretaries and the Attorney
General shall submit jointly a report to the Congress not later
than two years after the date of the enactment of the Improving
America's Schools Act of 1994, based on the review required
under subsection (a) recommending legislative and regulatory
action to address such barriers, and during the time preceding
the submission of such report, shall use waiver authorities
authorized under this and other Acts to address such barriers.]
* * * * * * *
[TITLE XIV--GENERAL PROVISIONS
[PART A--DEFINITIONS
[SEC. 14101. DEFINITIONS.
[Except as otherwise provided, for the purposes of this Act,
the following terms have the following meanings:
[(1) Average daily attendance.--(A) Except as
provided otherwise by State law or this paragraph, the
term ``average daily attendance'' means--
[(i) the aggregate number of days of
attendance of all students during a school
year; divided by
[(ii) the number of days school is in session
during such school year.
[(B) The Secretary shall permit the conversion of
average daily membership (or other similar data) to
average daily attendance for local educational agencies
in States that provide State aid to local educational
agencies on the basis of average daily membership or
such other data.
[(C) If the local educational agency in which a child
resides makes a tuition or other payment for the free
public education of the child in a school located in
another school district, the Secretary shall, for
purposes of this Act--
[(i) consider the child to be in attendance
at a school of the agency making such payment;
and
[(ii) not consider the child to be in
attendance at a school of the agency receiving
such payment.
[(D) If a local educational agency makes a tuition
payment to a private school or to a public school of
another local educational agency for a child with
disabilities, as defined in section 602(a)(1) of the
Individuals with Disabilities Education Act, the
Secretary shall, for the purposes of this Act, consider
such child to be in attendance at a school of the
agency making such payment.
[(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
[(A) without regard to the source of funds--
[(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
[(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
[(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such
preceding year.
[(3) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
[(4) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
[(A) is representative of a community or
significant segments of a community; and
[(B) provides educational or related services
to individuals in the community.
[(5) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 14302.
[(6) Consolidated local plan.--The term
``consolidated local plan'' means a plan submitted by a
local educational agency pursuant to section 14302.
[(7) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 14302.
[(8) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 14302.
[(9) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
[(10) Covered program.--The term ``covered program''
means each of the programs authorized by--
[(A) part A of title I;
[(B) part C of title I;
[(C) title II (other than section 2103 and
part D);
[(D) subpart 2 of part A of title III;
[(E) part A of title IV (other than section
4114); and
[(F) title VI.
[(11) The term ``current expenditures'' means
expenditures for free public education--
[(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
[(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and title VI.
[(12) Department.--The term ``Department'' means the
Department of Education.
[(13) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
[(14) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
[(15) Free public education.--The term ``free public
education'' means education that is provided--
[(A) at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
[(16) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
[(17) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education
Act of 1965.
[(18) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education
or other public authority legally constituted within a
State for either administrative control or direction
of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public
elementary or secondary schools.
[(B) The term includes any other public institution
or agency having administrative control and direction
of a public elementary or secondary school.
[(C) The term includes an elementary or secondary
school funded by the Bureau of Indian Affairs but only
to the extent that such inclusion makes such school
eligible for programs for which specific eligibility is
not provided to such school in another provision of law
and such school does not have a student population that
is smaller than the student population of the local
educational agency receiving assistance under this Act
with the smallest student population, except that such
school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of
Indian Affairs.
[(19) Mentoring.--The term ``mentoring'' means a
program in which an adult works with a child or youth
on a 1-to-1 basis, establishing a supportive
relationship, providing academic assistance, and
introducing the child or youth to new experiences that
enhance the child or youth's ability to excel in school
and become a responsible citizen.
[(20) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
[(21) Outlying area.--The term ``outlying area''
means the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and for
the purpose of section 1121 and any other discretionary
grant program under this Act, the Republic of the
Marshall Islands, the Federated States of Micronesia,
and the Republic of Palau.
[(22) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis.
[(23) Public telecommunication entity.--The term
``public telecommunication entity'' has the same
meaning given to such term in section 397(12) of the
Communications Act of 1934.
[(24) Pupil services personnel; pupil services.--(A)
The term ``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services (including related services as such
term is defined in section 602(a)(17) of the
Individuals with Disabilities Education Act) as part of
a comprehensive program to meet student needs.
[(B) The term ``pupil services'' means the services
provided by pupil services personnel.
[(25) Secondary school.--The term ``secondary
school'' means a nonprofit institutional day or
residential school, including a public secondary
charter school, that provides secondary education, as
determined under State law, except that such term does
not include any education beyond grade 12.
[(26) Secretary.--The term ``Secretary'' means the
Secretary of Education.
[(27) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
[(28) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary and secondary schools.
[(29) Technology.--The term ``technology'' means the
latest state-of-the-art technology products and
services, such as closed circuit television systems,
educational television or radio programs and services,
cable television, satellite, copper fiber optic
transmission, computer hardware and software, video and
audio laser and CD-ROM disks, video and audio tapes,
including interactive forms of such products and
services, or other technologies.
[SEC. 14102. APPLICABILITY OF THIS TITLE.
[Parts B, C, D, E, and F of this title do not apply to title
VIII of this Act.
[SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.
[For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian Affairs,
a school operated under a contract or grant with the Bureau of
Indian Affairs in consortia with another contract or grant
school or tribal or community organization, or a Bureau of
Indian Affairs school in consortia with an institution of
higher education, a contract or grant school and tribal or
community organization shall be given the same consideration as
a local educational agency.
[PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
[SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
[(a) Consolidation of Administrative Funds.--
[(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
such agency for State administration under one or more
of the programs specified under paragraph (2) if such
State educational agency can demonstrate that the
majority of such agency's resources come from non-
Federal sources.
[(2) Applicability.--This section applies to programs
under title I, those covered programs described in
subparagraphs (C), (D), (E), and (F) of section
14101(10), and administrative funds under section
308(c) of the Goals 2000: Educate America Act.
[(b) Use of Funds.--
[(1) In general.--A State educational agency shall
use the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
[(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under the
programs included in the consolidation under subsection
(a), such as--
[(A) the coordination of such programs with
other Federal and non-Federal programs;
[(B) the establishment and operation of peer-
review mechanisms under this Act;
[(C) the administration of this title;
[(D) the dissemination of information
regarding model programs and practices; and
[(E) technical assistance under programs
specified in subsection (a)(2).
[(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
[(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of such administration.
[(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
[(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards
and assessments, a State educational agency may consolidate the
amounts made available to such agency for such purposes under
title I of this Act and title III of the Goals 2000: Educate
America Act.
[SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
[A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
[SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
[(a) General Authority.--In accordance with regulations of
the Secretary, a local educational agency, with the approval of
its State educational agency, may consolidate and use for the
administration of one or more covered programs for any fiscal
year not more than the percentage, established in each covered
program, of the total amount available to the local educational
agency under such covered programs.
[(b) State Procedures.--Within one year from the date of
enactment of the Improving America's Schools Act of 1994, a
State educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under covered
programs that may be used for administration on a consolidated
basis.
[(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
[(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use such consolidated funds for the administration
of covered programs and for the uses described in section
14201(b)(2).
[(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual covered program, to
account for costs relating to the administration of covered
programs included in the consolidation.
[SEC. 14204. ADMINISTRATIVE FUNDS STUDIES.
[(a) Federal Funds Study.--
[(1) In general.--The Secretary shall conduct a study
of the use of funds under this Act for the
administration, by State and local educational
agencies, of all covered programs, including the
percentage of grant funds used for such purpose in all
covered programs.
[(2) State data.--Beginning in fiscal year 1995 and
each succeeding fiscal year thereafter, each State
educational agency which receives funds under title I
shall submit to the Secretary a report on the use of
title I funds for the State administration of
activities assisted under title I. Such report shall
include the proportion of State administrative funds
provided under section 1603 that are expended for--
[(A) basic program operation and compliance
monitoring;
[(B) statewide program services such as
development of standards and assessments,
curriculum development, and program evaluation;
and
[(C) technical assistance and other direct
support to local educational agencies and
schools.
[(3) Federal funds report.--The Secretary shall
complete the study conducted under this section not
later than July 1, 1997, and shall submit to the
President and the appropriate committees of the
Congress a report regarding such study within 30 days
of the completion of such study.
[(4) Results.--Based on the results of the study
described in subsection (a)(1), which may include
collection and analysis of the data under paragraph (2)
and section 410(b) of the Improving America's Schools
Act of 1994, the Secretary shall--
[(A) develop a definition of what types of
activities constitute the administration of
programs under this Act by State and local
educational agencies; and
[(B) within one year of the completion of
such study, promulgate final regulations or
guidelines regarding the use of funds for
administration under all programs, including
the use of such funds on a consolidated basis
and limitations on the amount of such funds
that may be used for administration where such
limitation is not otherwise specified in law.
[(b) General Administrative Funds Study and Report.--Upon the
date of completion of the pilot model data system described in
section 410(b) of the Improving America's Schools Act of 1994,
the Secretary shall study the information obtained through the
use of such data system and other relevant information, as well
as any other data systems which are in use on such date that
account for administrative expenses at the school, local
educational agency, and State educational agency level, and
shall report to the Congress not later than July 1, 1997,
regarding--
[(1) the potential for the reduction of
administrative expenses at the school, local
educational agency, and State educational agency
levels;
[(2) the potential usefulness of such data system to
reduce such administrative expenses;
[(3) any other methods which may be employed by
schools, local educational agencies or State
educational agencies to reduce administrative expenses
and maximize the use of funds for functions directly
affecting student learning; and
[(4) if appropriate, steps which may be taken to
assist schools, local educational agencies and State
educational agencies to account for and reduce
administrative expenses.
[SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
[(a) General Authority.--
[(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title IX of this Act, and the education
for homeless children and youth program under subtitle
B of title VII of the Stewart B. McKinney Homeless
Assistance Act, the amounts allotted to the Department
of the Interior under those programs.
[(2) Agreement.--(A) The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
[(B) The agreement shall--
[(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred, the steps to be taken to achieve
the National Education Goals, and performance
measures to assess program effectiveness,
including measurable goals and objectives; and
[(ii) be developed in consultation with
Indian tribes.
[(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for such department's costs related to the
administration of the funds transferred under this section.
[SEC. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
[(a) Unneeded Program Funds.--With the approval of its State
educational agency, a local educational agency that determines
for any fiscal year that funds under a covered program (other
than part A of title I) are not needed for the purpose of that
covered program, may use such funds, not to exceed five percent
of the total amount of such local educational agency's funds
under that covered program, for the purpose of another covered
program.
[(b) Coordination of Services.--A local educational agency,
individual school, or consortium of schools may use a total of
not more than five percent of the funds such agency, school, or
consortium, respectively, receives under this Act for the
establishment and implementation of a coordinated services
project in accordance with the requirements of title XI of this
Act.
[PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
[SEC. 14301. PURPOSE.
[It is the purpose of this part to improve teaching and
learning by encouraging greater cross-program coordination,
planning, and service delivery under this Act and enhanced
integration of programs under this Act with educational
activities carried out with State and local funds.
[SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
[(a) General Authority.--
[(1) Simplification.--In order to simplify
application requirements and reduce the burden for
State educational agencies under this Act, the
Secretary, in accordance with subsection (b), shall
establish procedures and criteria under which a State
educational agency may submit a consolidated State plan
or a consolidated State application meeting the
requirements of this section for--
[(A) each of the covered programs in which
the State participates; and
[(B) the additional programs described in
paragraph (2).
[(2) Additional programs.--A State educational agency
may also include in its consolidated State plan or
consolidated State application--
[(A) the Even Start program under part B of
title I;
[(B) the Prevention and Intervention Programs
for Youth Who Are Neglected, Delinquent, or At-
Risk of Dropping Out under part D of title I;
[(C) programs under the Goals 2000: Educate
America Act;
[(D) programs under the School-to-Work
Opportunities Act of 1994; and
[(E) such other programs as the Secretary may
designate.
[(3) Consolidated applications and plans.--A State
educational agency that submits a consolidated State
plan or a consolidated State application under this
section shall not be required to submit separate State
plans or applications under any of the programs to
which the consolidated State plan or consolidated State
application under this section applies.
[(b) Collaboration.--
[(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
[(2) Contents.--Through the collaborative process
described in subsection (b)(1), the Secretary shall
establish, for each program under the Act to which this
section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
[(3) Necessary materials.--The Secretary shall
require only descriptions, information, assurances, and
other materials that are absolutely necessary for the
consideration of the consolidated State plan or
consolidated State application.
[SEC. 14303. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
[(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under
this Act, whether separately or under section 14302, shall have
on file with the Secretary a single set of assurances,
applicable to each program for which such plan or application
is submitted, that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, in a nonprofit
private agency, institution, or organization, or in an
Indian tribe if the law authorizing the program
provides for assistance to such entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing law;
[(3) the State will adopt and use proper methods of
administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation; and
[(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of such programs;
[(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
[(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
[(6) the State will--
[(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
[(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
[(7) before the plan or application was submitted to
the Secretary, the State has afforded a reasonable
opportunity for public comment on the plan or
application and has considered such comment.
[(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
[SEC. 14304. ADDITIONAL COORDINATION.
[(a) Additional Coordination.--In order to explore ways for
State educational agencies to reduce administrative burdens and
promote the coordination of the education services of this Act
with other health and social service programs administered by
such agencies, the Secretary is directed to seek agreements
with other Federal agencies (including the Departments of
Health and Human Services, Justice, Labor and Agriculture) for
the purpose of establishing procedures and criteria under which
a State educational agency would submit a consolidated State
plan or consolidated State application that meets the
requirements of the covered programs.
[(b) Report.--The Secretary shall report to the relevant
committees 6 months after the date of enactment of the
Improving America's Schools Act of 1994.
[SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
[(a) General Authority.--A local educational agency receiving
funds under more than one covered program may submit plans or
applications to the State educational agency under such
programs on a consolidated basis.
[(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a
consolidated State plan or application under section 14302 may
require local educational agencies in the State receiving funds
under more than one program included in the consolidated State
plan or consolidated State application to submit consolidated
local plans or applications under such programs.
[(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the consolidated
State plans or consolidated State applications under this
section.
[(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
[SEC. 14306. OTHER GENERAL ASSURANCES.
[(a) Assurances.--Any applicant other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 14304,
shall have on file with the State educational agency a single
set of assurances, applicable to each program for which a plan
or application is submitted, that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to such entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing statutes;
[(3) the applicant will adopt and use proper methods
of administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation;
[(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary or other
Federal officials;
[(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to such applicant under each such program;
[(6) the applicant will--
[(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
[(B) maintain such records, provide such
information, and afford access to the records
as the State educational agency or the
Secretary may find necessary to carry out the
State educational agency's or the Secretary's
duties; and
[(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and has considered such
comment.
[(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
[SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS UNDER THE
GOALS 2000: EDUCATE AMERICA ACT.
[(a) State Plans.--
[(1) In general.--Each State plan submitted under the
following programs shall be integrated with each other
and the State's improvement plan, if any, either
approved or being developed, under title III of the
Goals 2000: Educate America Act, the School-to-Work
Opportunities Act of 1994, and the Carl D. Perkins
Vocational and Technical Education Act of 1998:
[(A) Part A of title I (helping disadvantaged
children meet high standards).
[(B) Part C of title I (education of
migratory children).
[(C) Part D of title I (education of
neglected, delinquent, and at-risk youth).
[(D) Title II (professional development).
[(E) Title IV (safe and drug-free schools).
[(F) Title VI (innovative education program
strategies).
[(G) Subpart 4 of part A of title IX (Indian
education).
[(2) Special rule.--Notwithstanding any other
provision of this Act, if a requirement relating to a
State plan referred to in paragraph (1) is already
satisfied by the approved State improvement plan for
such State under title III of the Goals 2000: Educate
America Act, the State plan referred to in paragraph
(1) need not separately address that requirement.
[(3) Amendment.--Any State plan referred to in
paragraph (1) may, if necessary, be submitted as an
amendment to the State improvement plan for such State
under title III of the Goals 2000: Educate America Act.
[(b) Local Plans.--
[(1) In general.--Each local educational agency plan
submitted under the following programs shall be
integrated with each other and its local improvement
plan, if any, either approved or being developed, under
title III of the Goals 2000: Educate America Act:
[(A) Part A of title I (helping disadvantaged
children meet high standards).
[(B) Title II (professional development).
[(C) Title IV (safe and drug-free schools).
[(D) Subpart 4 of part A of title IX (Indian
education).
[(E) Subpart 1 of part A of title VII
(bilingual education).
[(F) Title VI (innovative education program
strategies).
[(G) Part C of title VII (emergency immigrant
education).
[(2) Plan of operation.--Each plan of operation
included in an application submitted by an eligible
entity under part B of title I (Even Start) shall be
consistent with, and promote the goals of, the State
and local improvement plans, either approved or being
developed, under title III of the Goals 2000: Educate
America Act or, if those plans are not approved or
being developed, with the State and local plans under
sections 1111 and 1112.
[(3) Special rule.--Notwithstanding any other
provision of this Act, if a requirement relating to a
local plan referred to in paragraph (1) is already
satisfied by the local educational agency's approved
local improvement plan under title III of the Goals
2000: Educate America Act, the local plan referred to
in paragraph (1) need not separately address that
requirement.
[(4) Submission.--Any local plan referred to in
paragraph (1) may, if necessary, be submitted as an
amendment to the local educational agency's improvement
plan under title III of the Goals 2000: Educate America
Act.
[PART D--WAIVERS
[SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
[(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
[(1) receives funds under a program authorized by
this Act; and
[(2) requests a waiver under subsection (b).
[(b) Request for Waiver.--
[(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a
waiver shall submit a waiver request to the Secretary
that--
[(A) identifies the Federal programs affected
by such requested waiver;
[(B) describes which Federal requirements are
to be waived and how the waiving of such
requirements will--
[(i) increase the quality of
instruction for students; or
[(ii) improve the academic
performance of students;
[(C) if applicable, describes which similar
State and local requirements will be waived and
how the waiving of such requirements will
assist the local educational agencies, Indian
tribes or schools, as appropriate, to achieve
the objectives described in clauses (i) and
(ii) of subparagraph (B);
[(D) describes specific, measurable
educational improvement goals and expected
outcomes for all affected students;
[(E) describes the methods to be used to
measure progress in meeting such goals and
outcomes; and
[(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are
requested.
[(2) Additional information.--Such requests--
[(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
[(B) shall be developed and submitted--
[(i)(I) by local educational agencies
(on behalf of such agencies and
schools) to State educational agencies;
and
[(II) by State educational agencies
(on behalf of, and based upon the
requests of, local educational
agencies) to the Secretary; or
[(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the
Secretary.
[(3) General requirements.--(A) In the case of a
waiver request submitted by a State educational agency
acting in its own behalf, the State educational agency
shall--
[(i) provide all interested local educational
agencies in the State with notice and a
reasonable opportunity to comment on the
request;
[(ii) submit the comments to the Secretary;
and
[(iii) provide notice and information to the
public regarding the waiver request in the
manner that the applying agency customarily
provides similar notices and information to the
public.
[(B) In the case of a waiver request submitted by a
local educational agency that receives funds under this
Act--
[(i) such request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of such State educational
agency; and
[(ii) notice and information regarding the
waiver request shall be provided to the public
by the agency requesting the waiver in the
manner that such agency customarily provides
similar notices and information to the public.
[(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
[(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
[(2) maintenance of effort;
[(3) comparability of services;
[(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
[(5) equitable participation of private school
students and teachers;
[(6) parental participation and involvement;
[(7) applicable civil rights requirements;
[(8) the requirement for a charter school under part
C of title X; or
[(9) the prohibitions regarding--
[(A) State aid in section 14502; or
[(B) use of funds for religious worship or
instruction in section 14507.
[(d) Duration and Extension of Waiver.--
[(1) In general.--Except as provided in paragraph
(2), the duration of a waiver approved by the Secretary
under this section may be for a period not to exceed
three years.
[(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
[(A) the waiver has been effective in
enabling the State or affected recipients to
carry out the activities for which the waiver
was requested and the waiver has contributed to
improved student performance; and
[(B) such extension is in the public
interest.
[(e) Reports.--
[(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end
of the second year for which a waiver is received under
this section, and each subsequent year, submit a report
to the State educational agency that--
[(A) describes the uses of such waiver by
such agency or by schools;
[(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
[(C) evaluates the progress of such agency
and of schools in improving the quality of
instruction or the academic performance of
students.
[(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on such reports and contains such information as the
Secretary may require.
[(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
[(A) describes the uses of such waiver by
schools operated by such tribe; and
[(B) evaluates the progress of such schools
in improving the quality of instruction or the
academic performance of students.
[(4) Report to congress.--Beginning in fiscal year
1997 and each subsequent year, the Secretary shall
submit to the Committee on Education and Labor of the
House of Representatives and the Committee on Labor and
Human Resources of the Senate a report--
[(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
[(B) describing whether such waivers--
[(i) increased the quality of
instruction to students; or
[(ii) improved the academic
performance of students.
[(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the
waiver has been inadequate to justify a continuation of the
waiver or if the waiver is no longer necessary to achieve its
original purposes.
[(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
[PART E--UNIFORM PROVISIONS
[SEC. 14501. MAINTENANCE OF EFFORT.
[(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of such agency
and the State with respect to the provision of free public
education by such agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second preceding fiscal year.
[(b) Reduction in Case of Failure To Meet.--
[(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion to which a local educational agency fails to
meet the requirement of subsection (a) by falling below
90 percent of both the combined fiscal effort per
student and aggregate expenditures (using the measure
most favorable to such local agency).
[(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) for subsequent years.
[(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that such a waiver
would be equitable due to--
[(1) exceptional or uncontrollable circumstances such
as a natural disaster; or
[(2) a precipitous decline in the financial resources
of the local educational agency.
[SEC. 14502. PROHIBITION REGARDING STATE AID.
[A State shall not take into consideration payments under
this Act (other than under title VIII) in determining the
eligibility of any local educational agency in such State for
State aid, or the amount of State aid, with respect to free
public education of children.
[SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
[(a) Private School Participation.--
[(1) In general.--Except as otherwise provided in
this Act, to the extent consistent with the number of
eligible children in a State educational agency, local
educational agency, or educational service agency or
consortium of such agencies receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary and secondary
schools in such agency or consortium, such agency or
consortium shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children and their teachers or other
educational personnel, on an equitable basis, special
educational services or other benefits under such
program.
[(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
[(3) Special rule.--Educational services and other
benefits provided under this section for such private
school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children,
teachers, and other educational personnel participating
in such program.
[(4) Expenditures.--Expenditures for educational
services and other benefits provided under this section
to eligible private school children, their teachers,
and other educational personnel serving such children
shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
[(5) Provision of services.--Such agency or
consortium described in subsection (a)(1) may provide
such services directly or through contracts with public
and private agencies, organizations, and institutions.
[(b) Applicability.--
[(1) In general.--This section applies to programs
under--
[(A) part C of title I (migrant education);
[(B) title II (other than section 2103 and
part D of such title);
[(C) title VII;
[(D) title III (other than part B of such
title) (Star Schools); and
[(E) part A of title IV (other than section
4114).
[(2) Definition.--For the purposes of this section,
the term ``eligible children'' means children eligible
for services under a program described in paragraph
(1).
[(c) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency or
consortium of such agencies shall consult with
appropriate private school officials during the design
and development of the programs under this Act, on
issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how and where the services will be
provided; and
[(D) how the services will be assessed.
[(2) Timing.--Such consultation shall occur before
the agency or consortium makes any decision that
affects the opportunities of eligible private school
children, teachers, and other educational personnel to
participate in programs under this Act.
[(3) Discussion required.--Such consultation shall
include a discussion of service delivery mechanisms
that the agency or consortium could use to provide
equitable services to eligible private school children,
teachers, administrators, and other staff.
[(d) Public Control of Funds.--
[(1) In general.--The control of funds used to
provide services under this section, and title to
materials, equipment, and property purchased with such
funds, shall be in a public agency for the uses and
purposes provided in this Act, and a public agency
shall administer such funds and property.
[(2) Provision of services.--(A) The provision of
services under this section shall be provided--
[(i) by employees of a public agency; or
[(ii) through contract by such public agency
with an individual, association, agency, or
organization.
[(B) In the provision of such services, such
employee, person, association, agency, or organization
shall be independent of such private school and of any
religious organization, and such employment or contract
shall be under the control and supervision of such
public agency.
[(C) Funds used to provide services under this
section shall not be commingled with non-Federal funds.
[SEC. 14504. STANDARDS FOR BY-PASS.
[If, by reason of any provision of law, a State educational
agency, local educational agency, educational service agency or
consortium of such agencies is prohibited from providing for
the participation in programs of children enrolled in, or
teachers or other educational personnel from, private
elementary and secondary schools, on an equitable basis, or if
the Secretary determines that such agency or consortium has
substantially failed or is unwilling to provide for such
participation, as required by section 14503, the Secretary
shall--
[(1) waive the requirements of that section for such
agency or consortium; and
[(2) arrange for the provision of equitable services
to such children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 14503,
14505, and 14506.
[SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
[(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
14503 by a State educational agency, local educational agency,
educational service agency, or consortium of such agencies.
Such individual or organization shall submit such complaint to
the State educational agency for a written resolution by the
State educational agency within a reasonable period of time.
[(b) Appeals to the Secretary.--Such resolution may be
appealed by an interested party to the Secretary not later than
30 days after the State educational agency resolves the
complaint or fails to resolve the complaint within a reasonable
period of time. Such appeal shall be accompanied by a copy of
the State educational agency's resolution, and a complete
statement of the reasons supporting the appeal. The Secretary
shall investigate and resolve each such appeal not later than
120 days after receipt of the appeal.
[SEC. 14506. BY-PASS DETERMINATION PROCESS.
[(a) Review.--
[(1) In general.--(A) The Secretary shall not take
any final action under section 14504 until the State
educational agency, local educational agency,
educational service agency, or consortium of such
agencies affected by such action has had an
opportunity, for not less than 45 days after receiving
written notice thereof, to submit written objections
and to appear before the Secretary to show cause why
that action should not be taken.
[(B) Pending final resolution of any investigation or
complaint that could result in a determination under
this section, the Secretary may withhold from the
allocation of the affected State or local educational
agency the amount estimated by the Secretary to be
necessary to pay the cost of those services.
[(2) Petition for review.--(A) If such affected
agency or consortium is dissatisfied with the
Secretary's final action after a proceeding under
paragraph (1), such agency or consortium may, within 60
days after notice of such action, file with the United
States court of appeals for the circuit in which such
State is located a petition for review of that action.
[(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the Secretary.
[(C) The Secretary upon receipt of the copy of the
petition shall file in the court the record of the
proceedings on which the Secretary based this action,
as provided in section 2112 of title 28, United States
Code.
[(3) Findings of fact.--(A) The findings of fact by
the Secretary, if supported by substantial evidence,
shall be conclusive, but the court, for good cause
shown, may remand the case to the Secretary to take
further evidence and the Secretary may then make new or
modified findings of fact and may modify the
Secretary's previous action, and shall file in the
court the record of the further proceedings.
[(B) Such new or modified findings of fact shall
likewise be conclusive if supported by substantial
evidence.
[(4) Jurisdiction.--(A) Upon the filing of such
petition, the court shall have jurisdiction to affirm
the action of the Secretary or to set such action
aside, in whole or in part.
[(B) The judgment of the court shall be subject to
review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254
of title 28, United States Code.
[(b) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines, in consultation with such agency or consortium and
representatives of the affected private school children,
teachers, or other educational personnel that there will no
longer be any failure or inability on the part of such agency
or consortium to meet the applicable requirements of section
14503 or any other provision of this Act.
[(c) Payment From State Allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations under
this Act.
[(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the Improving America's Schools Act of
1994 shall remain in effect to the extent the Secretary
determines that such determination is consistent with the
purpose of this section.
[SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
[Nothing contained in this Act shall be construed to
authorize the making of any payment under this Act for
religious worship or instruction.
[SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
[Nothing in this Act shall be construed to affect home
schools.
[SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC
SCHOOLS.
[Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of
any private, religious, or home school, whether or not a home
school is treated as a private school or home school under
State law. This section shall not be construed to bar private,
religious, or home schools from participation in programs or
services under this Act.
[SEC. 14510. SCHOOL PRAYER.
[Any State or local educational agency that is adjudged by a
Federal court of competent jurisdiction to have willfully
violated a Federal court order mandating that such local
educational agency remedy a violation of the constitutional
right of any student with respect to prayer in public schools,
in addition to any other judicial remedies, shall be ineligible
to receive Federal funds under this Act until such time as the
local educational agency complies with such order. Funds that
are withheld under this section shall not be reimbursed for the
period during which the local educational agency was in willful
noncompliance.
[SEC. 14511. GENERAL PROHIBITIONS.
[(a) Prohibition.--None of the funds authorized under this
Act shall be used--
[(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth
that are designed to promote or encourage, sexual
activity, whether homosexual or heterosexual;
[(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
[(3) to provide sex education or HIV prevention
education in schools unless such instruction is age
appropriate and includes the health benefits of
abstinence; or
[(4) to operate a program of condom distribution in
schools.
[(b) Local Control.--Nothing in this section shall be
construed to--
[(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a
State, local educational agency, or schools'
instructional content, curriculum, and related
activities;
[(2) limit the application of the General Education
Provisions Act;
[(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
[(4) create any legally enforceable right.
[SEC. 14512. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
[Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under this Act.
[SEC. 14513. REPORT.
[The Secretary shall report to the Congress not later than
180 days after the date of enactment of the Improving America's
Schools Act of 1994 regarding how the Secretary shall ensure
that audits conducted by Department employees of activities
assisted under this Act comply with changes to this Act made by
the Improving America's Schools Act of 1994, particularly with
respect to permitting children with similar educational needs
to be served in the same educational settings, where
appropriate.
[SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.
[Notwithstanding any other provision of law, no State shall
be required to participate in any program under the Goals 2000:
Educate America Act, or to have content standards or student
performance standards approved or certified under such Act, in
order to receive assistance under this Act.
[PART F--GUN POSSESSION
[SEC. 14601. GUN-FREE REQUIREMENTS.
[(a) Short Title.--This section may be cited as the ``Gun-
Free Schools Act of 1994''.
[(b) Requirements.--
[(1) In general.--Except as provided in paragraph
(3), each State receiving Federal funds under this Act
shall have in effect a State law requiring local
educational agencies to expel from school for a period
of not less than one year a student who is determined
to have brought a weapon to a school under the
jurisdiction of local educational agencies in that
State, except that such State law shall allow the chief
administering officer of such local educational agency
to modify such expulsion requirement for a student on a
case-by-case basis.
[(2) Construction.--Nothing in this title shall be
construed to prevent a State from allowing a local
educational agency that has expelled a student from
such a student's regular school setting from providing
educational services to such student in an alternative
setting.
[(3) Special rule.--(A) Any State that has a law in
effect prior to the date of enactment of the Improving
America's Schools Act of 1994 which is in conflict with
the not less than one year expulsion requirement
described in paragraph (1) shall have the period of
time described in subparagraph (B) to comply with such
requirement.
[(B) The period of time shall be the period beginning
on the date of enactment of the Improving America's
Schools Act and ending one year after such date.
[(4) Definition.--For the purpose of this section,
the term ``weapon'' means a firearm as such term is
defined in section 921 of title 18, United States Code.
[(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with
Disabilities Education Act.
[(d) Report to State.--Each local educational agency
requesting assistance from the State educational agency that is
to be provided from funds made available to the State under
this Act shall provide to the State, in the application
requesting such
assistance--
[(1) an assurance that such local educational agency
is in compliance with the State law required by
subsection (b); and
[(2) a description of the circumstances surrounding
any expulsions imposed under the State law required by
subsection (b), including--
[(A) the name of the school concerned;
[(B) the number of students expelled from
such school; and
[(C) the type of weapons concerned.
[(e) Reporting.--Each State shall report the information
described in subsection (c) to the Secretary on an annual
basis.
[(f) Report to Congress.--Two years after the date of
enactment of the Improving America's Schools Act of 1994, the
Secretary shall report to Congress if any State is not in
compliance with the requirements of this title.
[SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.
[(a) In General.--No funds shall be made available under this
Act to any local educational agency unless such agency has a
policy requiring referral to the criminal justice or juvenile
delinquency system of any student who brings a firearm or
weapon to a school served by such agency.
[(b) Definitions.--For the purpose of this section, the terms
``firearm'' and ``school'' have the same meaning given to such
terms by section 921(a) of title 18, United States Code.
[SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.
[The Secretary shall--
[(1) widely disseminate the policy of the Department
in effect on the date of enactment of the Improving
America's Schools Act of 1994 with respect to
disciplining children with disabilities;
[(2) collect data on the incidence of children with
disabilities (as such term is defined in section
602(a)(1) of the Individuals With Disabilities
Education Act) engaging in life threatening behavior or
bringing weapons to schools; and
[(3) submit a report to Congress not later than
January 31, 1995, analyzing the strengths and problems
with the current approaches regarding disciplining
children with disabilities.
[PART G--EVALUATIONS
[SEC. 14701. EVALUATIONS.
[(a) Evaluations.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary is authorized to reserve not more
than 0.50 percent of the amount appropriated to carry
out each program authorized under this Act--
[(A) to carry out comprehensive evaluations
of categorical programs and demonstration
projects, and studies of program effectiveness,
under this Act, and the administrative impact
of such programs on schools and local
educational agencies in accordance with
subsection (b);
[(B) to evaluate the aggregate short- and
long-term effects and cost efficiencies across
Federal programs under this Act and related
Federal preschool, elementary and secondary
programs under other Federal law; and
[(C) to strengthen the usefulness of grant
recipient evaluations for continuous program
progress through improving the quality,
timeliness, efficiency, and utilization of
program information on program performance.
[(2) Special rule.--(A) Paragraph (1) shall not apply
to any program under title I.
[(B) If funds are made available under any program
assisted under this Act (other than a program under
title I) for evaluation activities, then the Secretary
shall reserve no additional funds pursuant to the
authority in subsection (a)(1) to evaluate such
program, but shall coordinate the evaluation of such
program with the national evaluation described in
subsection (b).
[(b) National Evaluations.--
[(1) In general.--The Secretary shall use the funds
made available under subsection (a) to carry out--
[(A) independent studies of categorical and
demonstration programs under this Act and the
administrative impact of such programs on
schools and local educational agencies, that
are coordinated with research supported through
the Office of Educational Research and
Improvement, using rigorous methodological
designs and techniques, including longitudinal
designs, control groups, and random assignment,
as appropriate, to determine--
[(i) the success of such programs in
meeting the measurable goals and
objectives, through appropriate
targeting, quality services, and
efficient administration, and in
contributing to achieving the National
Education Goals, with a priority on
assessing program impact on student
performance;
[(ii) the short- and long-term
effects of program participation on
program participants, as appropriate;
[(iii) the cost and efficiency of
such programs;
[(iv) to the extent feasible, the
cost of serving all students eligible
to be served under such programs;
[(v) specific intervention strategies
and implementation of such strategies
that, based on theory, research and
evaluation, offer the promise of
improved achievement of program
objectives;
[(vi) promising means of identifying
and disseminating effective management
and educational practices;
[(vii) the effect of such programs on
school and local educational agencies'
administrative responsibilities and
structure, including the use of local
and State resources, with particular
attention to schools and agencies
serving a high concentration of
disadvantaged students; and
[(viii) the effect of Federal
categorical programs at the elementary
and secondary levels on the
proliferation of State categorical
education aid programs and regulations,
including an evaluation of the State
regulations that are developed in
response to Federal education laws;
[(B) in collaboration with the national
assessment conducted pursuant to section 1601,
a comprehensive evaluation of how the Federal
Government has assisted the States to reform
their educational systems through the various
education laws enacted during the 103d
Congress, which evaluation shall--
[(i) encompass the changes made in
Federal programs pursuant to the
Improving America's Schools Act of 1994
as well as in any other law enacted
during the 103d Congress that amended a
Federal program assisting preschool,
elementary, or secondary education;
[(ii) encompass new initiatives such
as initiatives under the Goals 2000:
Educate America Act, and the School-to-
Work Opportunities Act of 1994, and be
coordinated with evaluations of such
Acts;
[(iii) include a comprehensive review
of the programs developed under the
Acts described in clauses (i) and (ii)
to determine such programs' overall
effect on--
[(I) the readiness of
children for schooling;
[(II) the improvement in
educational attainment of
students in elementary and
secondary education; and
[(III) the improvement in
skills needed by students to
obtain employment or pursue
further education upon
completion of secondary school
or further education;
[(iv) include a comprehensive review
of the programs under the Acts
described in clauses (i) and (ii) to
determine such programs' overall
effect--
[(I) on school reform efforts
undertaken by States;
[(II) on efforts by States to
adopt educational standards to
improve schooling for all
children, to align their
curricula, teacher training,
and assessments with such
standards, and to bring
flexibility to the rules
governing how education is to
be provided; and
[(III) on student populations
that have been the traditional
beneficiaries of Federal
assistance in order to
determine whether such
population's educational
attainment has been improved as
a result of such programs;
[(v) evaluate how the National
Assessment Governing Board, the
Advisory Council on Education
Statistics, and the National Education
Goals Panel coordinate, interact, or
duplicate efforts to assist the States
in reforming the educational systems of
States; and
[(vi) include a review of the
programs under the Acts described in
clauses (i) and (ii) in such detail as
the Secretary deems appropriate, and
may involve cooperation with other
Federal departments and agencies in
order to incorporate evaluations and
recommendations of such departments and
agencies; and
[(C) a study of the waivers granted under
section 14401, which study shall include--
[(i) data on the total number of
waiver requests that were granted and
the total number of such requests that
were denied, disaggregated by the
statutory or regulatory requirement for
which the waivers were requested; and
[(ii) an analysis of the effect of
waivers on categorical program
requirements and other flexibility
provisions in this Act, the School-to-
Work Opportunities Act of 1994, and the
Goals 2000: Educate America Act, on
improvement in educational achievement
of participating students and on school
and local educational agency
administrative responsibilities,
structure, and resources based on an
appropriate sample of State educational
agencies, local educational agencies,
schools, and tribes receiving waivers.
[(D) a study of the waivers provided under
section 1114 to support schoolwide programs
which shall include--
[(i) the extent to which schoolwide
programs are meeting the intent and
purposes of any program for which
provisions were waived; and
[(ii) the extent to which the needs
of all students are being served by
such programs particularly students who
would be eligible for assistance under
any provisions waived.
[(2) Independent panel.--The Secretary shall appoint
an independent panel to review the plan for the
evaluation described in paragraph (1), to advise the
Secretary on such evaluation's progress, and to
comment, if the panel so wishes, on the final report
described in paragraph (3).
[(3) Report.--The Secretary shall submit a final
report on the evaluation described in this subsection
by January 1, 1998, to the Committee on Education and
Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate.
[(c) Recipient Evaluation and Quality Assurance
Improvement.--The Secretary is authorized to provide guidance,
technical assistance, and model programs to recipients of
assistance under this Act to strengthen information for quality
assurance and performance information feedback at State and
local levels. Such guidance and assistance shall promote the
development, measurement and reporting of valid, reliable,
timely and consistent performance indicators within a program
in order to promote continuous program improvement. Nothing in
this subsection shall be construed to establish a national data
system.
[PART H--SENSE OF THE CONGRESS
[SEC. 14801. SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE OF FEDERAL
SPENDING ON EDUCATION.
[(a) Findings.--The Congress finds that--
[(1) in order to increase our Nation's standard of
living and to increase the number of good jobs, the
United States must increase its productivity and
ability to compete in the international marketplace by
improving the educational level of our workforce;
[(2) although efforts are being made to establish
higher educational standards and goals, there is a
substantial shortage of resources to meet such
standards and goals;
[(3) States and local communities are finding it
increasingly difficult to meet ever higher educational
standards and goals, and States will not be able to
fund needed changes without Federal help to reach such
standards and goals;
[(4) the Federal Government has established many
educational programs but failed to provide adequate
funding for such programs, for example one such program
provides education to our Nation's disabled students
and was established with a promise of 40 percent
Federal funding but currently receives only eight
percent Federal funding;
[(5) the annual shortfall in Federal education
programs is approximately half of the promised funding;
[(6) many needed educational improvements will not
need Federal funds, however, other suggested changes
such as lengthened school years, better pay, after-
school activities, mentoring for students at risk,
programs for gifted students, and replacing substandard
buildings, will require substantial Federal assistance;
and
[(7) the Federal contribution to education is less
than two percent of the total Federal budget, and in
order to make education a national priority, the total
percentage of Federal educational funding should be
increased by one percent each year over the next eight
years to reach 10 percent of the total Federal budget.
[(b) Sense of the Congress.--It is the sense of the Congress
that the total share of the Federal spending on education
should increase by at least one percent each year until such
share reaches 10 percent of the total Federal budget.
[SEC. 14802. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
[(a) Purchase of American-Made Equipment and Products.--In
the case of any equipment or products that may be authorized to
be purchased with financial assistance provided under this Act,
it is the sense of the Congress that entities receiving such
assistance should, in expending the assistance, purchase only
American-made equipment and products.
[(b) Notice to Recipients of Assistance.--In providing
financial assistance under this Act, the head of each Federal
agency shall provide to each recipient of the assistance a
notice describing the statement made in subsection (a) by the
Congress.]
TITLE XIV--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 14101. DEFINITIONS.
Except as otherwise provided, for the purposes of this Act,
the following terms have the following meanings:
(1) Average daily attendance--
(A) Except as provided otherwise by State law
or this paragraph, the term ``average daily
attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during such school year.
(B) The Secretary shall permit the conversion
of average daily membership (or other similar
data) to average daily attendance for local
educational agencies in States that provide
State aid to local educational agencies on the
basis of average daily membership or such other
data.
(C) If the local educational agency in which
a child resides makes a tuition or other
payment for the free public education of the
child in a school located in another school
district, the Secretary shall, for purposes of
this Act--
(i) consider the child to be in
attendance at a school of the agency
making such payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving such payment.
(D) If a local educational agency makes a
tuition payment to a private school or to a
public school of another local educational
agency for a child with disabilities, as
defined in section 602(3) of the Individuals
with Disabilities Education Act, the Secretary
shall, for the purposes of this Act, consider
such child to be in attendance at a school of
the agency making such payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of such
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom such agencies
provided free public education during such
preceding year.
(3) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(4) Child with disability.--The term ``child with a
disability'' means a child--
(A) with mental retardation, hearing
impairments, hearing impairments (including
deafness), speech or language impairments,
visual impairments (including blindness),
serious emotional disturbance (hereinafter
referred to as ``emotional disturbance''),
orthopedic impairments, autism, traumatic brain
injury, other health impairments, or specific
learning disabilities; and
(B) who, by reason thereof, needs special
education and related services.
(5) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(6) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 14305.
(7) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 14305.
(8) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 14302.
(9) Consolidated state plan.--The term ``consolidated
State plan'' means a plan submitted by a State
educational agency pursuant to section 14302.
(10) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
(11) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) part B of title I;
(C) part C of title I;
(D) part D of title I;
(E) title II (other than National
activities);
(F) subpart 2 of part A of title III;
(G) part A title IV (other than section
4115(b));
(H) title VI;
(I) comprehensive school reform programs as
authorized under section 1502 and described on
pages 96-99 of the Joint Explanatory Statement
of the Committee of Conference included in
House Report 105-390 (Conference Report on the
Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 1998);
(K) part A of title VII;
(L) part C of title VII;
(M) part J of title X; and
(N) title XII.
(12) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
(A) including expenditures for
administration, instruction, attendance, pupil
transportation services, operation and
maintenance of plant, fixed charges, and net
expenditures to cover deficits for food
services and student body activities; but
(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and title VI.
(13) Department.--The term ``Department'' means the
Department of Education.
(14) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
(15) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
(16) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
(A) Interactive literacy activities between
parents and their children.
(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
(C) Parent literacy training that leads to
economic self-sufficiency.
(D) An age-appropriate education to prepare
children for success in school and life
experiences.
(17) Free public education.--The term ``free public
education'' means education that is provided--
(A) at public expense, under public
supervision and direction, and without tuition
charge; and
(B) as elementary or secondary school
education as determined under applicable State
law, except that such term does not include any
education provided beyond grade 12.
(18) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children or youth, means students, children or youth
who give evidence of high performance capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who require services or activities not ordinarily
provided by the school in order to fully develop such
capabilities.
(19) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101 of the Higher Education
Act of 1965.
(20) Local educational agency.--(A) The term ``local
educational agency'' means a public board of education
or other public authority legally constituted within a
State for either administrative control or direction
of, or to perform a service function for, public
elementary or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or for such combination of
school districts or counties as are recognized in a
State as an administrative agency for its public
elementary or secondary schools.
(B) The term includes any other public institution or
agency having administrative control and direction of a
public elementary or secondary school.
(C) The term includes an elementary or secondary
school funded by the Bureau of Indian Affairs but only
to the extent that such inclusion makes such school
eligible for programs for which specific eligibility is
not provided to such school in another provision of law
and such school does not have a student population that
is smaller than the student population of the local
educational agency receiving assistance under this Act
with the smallest student population, except that such
school shall not be subject to the jurisdiction of any
State educational agency other than the Bureau of
Indian Affairs.
(D) The term includes educational service agencies
and consortia of such agencies.
(21) Mentoring.--The term ``mentoring'' means a
program in which an adult works with a child or youth
on a 1-to-1 basis, establishing a supportive
relationship, providing academic assistance, and
introducing the child or youth to new experiences that
enhance the child or youth's ability to excel in school
and become a responsible citizen.
(22) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
(23) Outlying area.--The term ``outlying area'' means
the United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands.
(24) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis.
(25) Public telecommunication entity.--The term
``public telecommunication entity'' has the same
meaning given to such term in section 397(12) of the
Communications Act of 1934.
(26) Pupil services personnel; pupil services.--(A)
The term ``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services (including related services as such
term is defined in section 602(22) of the Individuals
with Disabilities Education Act) as part of a
comprehensive program to meet student needs.
(B) The term ``pupil services'' means the services
provided by pupil services personnel.
(27) Scientifically based research.--The term
``scientifically based research''--
(A) means the application of rigorous,
systematic, and objective procedures to obtain
valid knowledge relevant to education
activities and programs; and
(B) shall include research that--
(i) employs systematic, empirical
methods that draw on observation or
experiment;
(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations;
(iv) is evaluated using randomized
experiments in which individuals,
entities, programs, or activities are
randomly assigned to different
variations (including a control
condition) to compare the relative
effects of the variations; and
(v) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
(28) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
State law, except that such term does not include any
education beyond grade 12.
(29) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(30) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(31) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary and secondary schools.
(32) Technology.--The term ``technology'' means the
latest state-of-the-art technology products and
services.
SEC. 14102. APPLICABILITY OF TITLE.
Parts B, C, D, E, and F of this title do not apply to title
VIII of this Act.
SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.
For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian Affairs,
a school operated under a contract or grant with the Bureau of
Indian Affairs in consortia with another contract or grant
school or tribal or community organization, or a Bureau of
Indian Affairs school in consortia with an institution of
higher education, a contract or grant school and tribal or
community organization shall be given the same consideration as
a local educational agency.
PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
such agency for State administration under one or more
of the programs under paragraph (2) if such State
educational agency can demonstrate that the majority of
such agency's resources are derived from non-Federal
sources.
(2) Applicability.--This section applies to any
program under this Act under which funds are authorized
to be used for administration, and such other programs
as the Secretary may designate.
(b) Use of funds.--
(1) In general.--A State educational agency shall use
the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under programs
included in the consolidation under subsection (a),
such as--
(A) the coordination of such programs with
other Federal and non-Federal programs;
(B) the establishment and operation of peer-
review mechanisms under this Act;
(C) the administration of this title;
(D) the dissemination of information
regarding model programs and practices;
(E) technical assistance under any program
under this Act;
(F) State level activities designed to carry
out this title;
(G) training personnel engaged in audit and
other monitoring activities; and
(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the
Department of Education.
(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of such administration.
(e) Unused administrative funds.--If a State educational
agency does not use all of the funds available to such agency
under this section for administration, such agency may use such
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local
educational agency, in such agency's applications or plans
under this Act, shall describe how such agency will eliminate
duplication in the conduct of administrative functions.
SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
(a) General Authority.--In accordance with regulations of the
Secretary and for any fiscal year, a local educational agency,
with the approval of its State educational agency, may
consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each such program, of the total available for
the local educational agency under such programs.
(b) State Procedures.--Within one-year from the date of
enactment of the Education OPTIONS Act, a State educational
agency shall, in collaboration with local educational agencies
in the State, establish procedures for responding to requests
from local educational agencies to consolidate administrative
funds under subsection (a) and for establishing limitations on
the amount of funds under such programs that may be used for
administration on a consolidated basis.
(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year
shall not use any other funds under the programs included in
the consolidation for administration for that fiscal year.
(d) Uses of Administrative Funds.--A local educational agency
that consolidates administrative funds under this section may
use such consolidated funds for the administration of such
programs and for uses, at the school district and school
levels, comparable to those described in section 14201(b)(2).
(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of such programs included
in the consolidation.
SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
(a) General Authority.--
(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title IX of this Act, and the education
for homeless children and youth program under subtitle
B of title VII of the Stewart B. McKinney Homeless
Assistance Act, the amounts allotted to the Department
of the Interior under those programs.
(2) Agreement.--(A) The Secretary and the Secretary
of the Interior shall enter into an agreement,
consistent with the requirements of the programs
specified in paragraph (1), for the distribution and
use of those program funds under terms that the
Secretary determines best meet the purposes of those
programs.
(B) The agreement shall--
(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred and the performance measures to
assess program effectiveness, including
measurable goals and objectives; and
(ii) be developed in consultation with Indian
tribes.
(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for such department's costs related to the
administration of the funds transferred under this section.
SEC. 14206. TRANSFERABILITY.
(a) State Transfer Authority.--
(1) In general.--A State may transfer up to 100
percent of nonadministrative State funds allocated to
such State which are authorized to be used for State-
level activities under any of the following provisions
to the allocation of the State under any other of such
provisions:
(A) Title II (excluding national activities).
(B) Subpart 2 of part A of title III.
(C) Part A of title IV.
(D) Title VI.
(E) Part C of title VII.
(F) Comprehensive school reform programs as
authorized under section 1502 as described on
pages 96-99 of the Joint Statement of the
Committee of Conference included in House
Report 105-390 (Conference Report on the
Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 1998).
(2) Supplemental funds for title i.--A State may
transfer any funds allocated to the State under a
provision listed in paragraph (1) to its allocation
under title I.
(b) Local Educational Agency Transfer Authority.--
(1) Transfer of funds.--
(A) In general.--Subject to subparagraphs
(C), (D), and (E), a local educational agency
may transfer funds allocated to such agency
under any of the provisions listed in paragraph
(2).
(B) Supplemental funds for title i.--Subject
to subparagraphs (C), (D), and (E), a local
educational agency may transfer funds allocated
to such agency under a provision listed in
paragraph (2) to its allocation under title I.
(C) Under 35 percent.--A transfer under
subparagraph (A) or (B) of up to 35 percent of
the funds allocated to a local educational
agency under a provision listed in paragraph
(2) in a fiscal year may be made without State
approval.
(D) Over 35 percent.--Subject to paragraph
(3), a transfer under subparagraph (A) or (B)
in a fiscal year of funds allocated to a local
educational agency under a provision listed in
paragraph (2) in a fiscal year the amount of
which, when added to the amount of other
transfers by the agency of such funds in such
fiscal year, is more than 35 percent of such
funds may be made only with the approval of the
State.
(E) Title ii transfers.--If a local
educational agency provides assurances that the
amount of funds expended for professional
development in mathematics and science under
title II in a fiscal year will equal or exceed
the amount of funds expended for the year
preceding the date of enactment of the
Education OPTIONS Act such agency may transfer
funds allocated to it under title II.
(2) Applicable provisions.--The provisions from which
a local educational agency may transfer funds under
this subsection are as follows:
(A) Title II (excluding national activities).
(B) Subpart 2 of part A of title III.
(C) Part A of title IV.
(D) Title VI.
(E) Part C of title VII.
(F) Section 310 of the Department of
Education Act, 2000, included in the
Departments of Labor, Health and Human
Services, and Education, and Related Agencies
Appropriations Act, 2000 (as enacted into law
by section 1004(a)(4) of Public Law 106-113).
(3) Special approval.--If a local educational agency
submits to its State a written request to make a
transfer under this subsection that requires State
approval, the following applies:
(A) 60 days for approval.--Such transfer
shall be deemed approved by the State unless
the State, within 60 days after receipt of such
transfer request, disapproves such request or
promptly notifies the agency in writing of such
revisions as may be necessary before the State
will approve the transfer.
(B) Consideration for approval.--When
approving a local education agency request to
transfer an amount greater than 35 percent, the
State shall consider the degree to which the
transfer accomplishes the following:
(i) Enables the local educational
agency to direct resources to a Federal
program that more effectively addresses
the needs of their students,
particularly the most disadvantaged
students.
(ii) Allows the local educational
agency to target or focus resources to
address specific areas of need or
priority when Federal requirements
would otherwise prevent, or
significantly impede, such an effort.
(c) Limitation.--A State or a local educational agency may
not transfer any funds allocated to it under title I to any
other program under this Act.
(d) State Plan and Application Modification;
Prenotification.--Each State transferring funds under this
section shall--
(1) modify any plan or application of the State that
is applicable to such funds to account for such
transfer and submit, within 30 days after the date of
such transfer, a copy of such modified plan or
application to the Department of Education; and
(2) notify the Department of Education no less than
30 days before the effective date of such transfer.
(e) Local Plan and Application Modification;
Prenotification.--Each local educational agency transferring
funds under this section shall--
(1) modify any plan or application of the agency that
is applicable to such funds to account for such
transfer and submit, within 30 days after the date of
such transfer, a copy of such modified plan or
application to the State; and
(2) notify the State no less than 30 days before the
effective date of such transfer.
(f) Applicable Rules.--Except as otherwise provided in this
subsection, when funds are transferred to an allocation under
this section, they become funds of the allocation to which they
are transferred and subject to all the requirements that are
applicable to that allocation.
PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 14301. PURPOSE.
The purposes of this part are to improve teaching and
learning through greater coordination between programs and to
provide greater flexibility to State and local authorities by
allowing the consolidation of State and local plans,
applications, and reporting.
SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Simplification.--In order to simplify application
requirements and reduce the burden for State
educational agencies under this Act, the Secretary, in
accordance with subsection (b), shall establish
procedures and criteria under which a State educational
agency may submit a consolidated State plan or a
consolidated State application meeting the requirements
of this section for--
(A) any programs under this Act in which the
State participates; and
(B) such other programs as the Secretary may
designate.
(2) Consolidated applications and plans.--A State
educational agency that submits a consolidated State
plan or a consolidated State application under this
section shall not be required to submit a separate
State plan or application for a program included in the
consolidated State plan or application.
(b) Collaboration.--
(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall
establish, for each program under the Act to which this
section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances, and other
materials that are absolutely necessary for the
consideration of the consolidated State plan or
consolidated State application.
SEC. 14303. CONSOLIDATED REPORTING.
In order to simplify reporting requirements and reduce
reporting burdens, the Secretary shall establish procedures and
criteria under which a State educational agency may submit a
consolidated State annual report. Such report shall contain
information about the programs included in the report,
including the State's performance under those programs, and
other matters as the Secretary determines, such as monitoring
activities. Such a report shall take the place of separate
individual annual reports for the programs subject to it.
SEC. 14304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under
this Act, whether separately or under section 14302, shall have
on file with the Secretary a single set of assurances,
applicable to each program for which such plan or application
is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, in a nonprofit
private agency, institution, or organization, or in an
Indian tribe if the law authorizing the program
provides for assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing law;
(3) the State will adopt and use proper methods of
administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of such programs;
(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
(6) the State will--
(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
(7) before the plan or application was submitted to
the Secretary, the State has afforded a reasonable
opportunity for public comment on the plan or
application and has considered such comment.
(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--A local educational agency receiving
funds under more than one program under this Act may submit
plans or applications to the State educational agency under
such programs on a consolidated basis.
(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan
or application under section 14302 may require local
educational agencies in the State receiving funds under more
than one program included in the consolidated State plan or
consolidated State application to submit consolidated local
plans or applications under such programs, but may not require
such agencies to submit separate plans.
(c) Collaboration.--A State educational agency shall
collaborate with local educational agencies in the State in
establishing procedures for the submission of the consolidated
State plans or consolidated State applications under this
section.
(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
SEC. 14306. OTHER GENERAL ASSURANCES.
(a) Assurances.--Any applicant other than a State educational
agency that submits a plan or application under this Act, shall
have on file with the State educational agency a single set of
assurances, applicable to each program for which a plan or
application is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to such entities; and
(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer such funds and property to the extent
required by the authorizing statutes;
(3) the applicant will adopt and use proper methods
of administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary or other
Federal officials;
(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to such applicant under each such program;
(6) the applicant will--
(A) make reports to the State educational
agency and the Secretary as may be necessary to
enable such agency and the Secretary to perform
their duties under each such program; and
(B) maintain such records, provide such
information, and afford access to the records
as the State educational agency or the
Secretary may find necessary to carry out the
State educational agency's or the Secretary's
duties; and
(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and has considered such
comment.
(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
PART D--WAIVERS
SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act or the Carl D. Perkins Vocational and Technical
Education Act of 1998 for a State educational agency, local
educational agency, Indian tribe, or school through a local
educational agency, that--
(1) receives funds under a program authorized by this
Act; and
(2) requests a waiver under subsection (b).
(b) Request for Waiver.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a
waiver shall submit a waiver application to the
Secretary that--
(A) indicates each Federal program affected
and each statutory or regulatory requirement
requested to be waived;
(B) describes the purpose and overall
expected results of waiving each such
requirement;
(C) describes, for each school year,
specific, measurable, educational goals for the
State educational agency and for each local
educational agency, Indian tribe, or school
that would be affected by the wavier;
(D) explains why the waiver will assist the
State educational agency and each affected
local educational agency, Indian tribe, or
school in reaching such goals.
(2) Additional information.--Such requests--
(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
(B) shall be developed and submitted--
(i)(I) by local educational agencies
(on behalf of such agencies and
schools) to State educational agencies;
and
(II) by State educational agencies
(on behalf of, and based upon the
requests of, local educational
agencies) to the Secretary; or
(ii) by Indian tribes (on behalf of
schools operated by such tribes) to the
Secretary.
(3) General requirements.--
(A) In the case of a waiver request submitted
by a State educational agency acting in its own
behalf, the State educational agency shall--
(i) provide all interested local
educational agencies in the State with
notice and a reasonable opportunity to
comment on the request;
(ii) submit the comments to the
Secretary; and
(iii) provide notice and information
to the public regarding the waiver
request in the manner that the applying
agency customarily provides similar
notices and information to the public.
(B) In the case of a waiver request submitted
by a local educational agency that receives
funds under this Act--
(i) such request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
such State educational agency; and
(ii) notice and information regarding
the waiver request shall be provided to
the public by the agency requesting the
waiver in the manner that such agency
customarily provides similar notices
and information to the public.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
(2) maintenance of effort;
(3) comparability of services;
(4) use of Federal funds to supplement, not supplant,
non-Federal funds;
(5) equitable participation of private school
students and teachers;
(6) parental participation and involvement;
(7) applicable civil rights requirements;
(8) the requirement for a charter school under part C
of title X; or
(9) the prohibitions regarding--
(A) State aid in section 14502;
(B) use of funds for religious worship or
instruction in section 14507; and
(C) activities in section 14513.
(d) Duration and Extension of Waiver.--
(1) In general.--Except as provided in paragraph (2),
the duration of a waiver approved by the Secretary
under this section may be for a period not to exceed 5
years.
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
(A) the waiver has been effective in enabling
the State or affected recipients to carry out
the activities for which the waiver was
requested and the waiver has contributed to
improved student performance; and
(B) such extension is in the public interest.
(e) Reports.--
(1) Local waiver.--A local educational agency that
receives a waiver under this section shall at the end
of the second year for which a waiver is received under
this section, and each subsequent year, submit a report
to the State educational agency that--
(A) describes the uses of such waiver by such
agency or by schools;
(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers are
requested; and
(C) evaluates the progress of such agency and
of schools in improving the quality of
instruction or the academic performance of
students.
(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on such reports and contains such information as the
Secretary may require.
(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
(A) describes the uses of such waiver by
schools operated by such tribe; and
(B) evaluates the progress of such schools in
improving the quality of instruction or the
academic performance of students.
(4) Report to congress.--Beginning in fiscal year
2001 and each subsequent year, the Secretary shall
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
report--
(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
(B) describing whether such waivers--
(i) increased the quality of
instruction to students; or
(ii) improved the academic
performance of students.
(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver or if the
waiver is no longer necessary to achieve its original purposes.
(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of such notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
PART E--UNIFORM PROVISIONS
SEC. 14501. MAINTENANCE OF EFFORT.
(a) In General.--A local educational agency may receive funds
under a covered program for any fiscal year only if the State
educational agency finds that either the combined fiscal effort
per student or the aggregate expenditures of such agency and
the State with respect to the provision of free public
education by such agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second preceding fiscal year.
(b) Reduction in Case of Failure To Meet.--
(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion to which a local educational agency fails to
meet the requirement of subsection (a) of this section
by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using
the measure most favorable to such local agency).
(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) of this section for subsequent years.
(c) Waiver.--The Secretary may waive the requirements of this
section if the Secretary determines that such a waiver would be
equitable due to--
(1) exceptional or uncontrollable circumstances such
as a natural disaster; or
(2) a precipitous decline in the financial resources
of the local educational agency.
SEC. 14502. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this
Act (other than under title VIII) in determining the
eligibility of any local educational agency in such State for
State aid, or the amount of State aid, with respect to free
public education of children.
SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) Private School Participation.--
(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of
eligible children in areas served by a State
educational agency, local educational agency,
educational service agency, consortium of such
agencies, or another entity receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary and secondary
schools in areas served by such agency, consortium or
entity, such agency, consortium or entity shall, after
timely and meaningful consultation with appropriate
private school officials, provide such children and
their teachers or other educational personnel, on an
equitable basis, special educational services or other
benefits that address their needs under such program.
(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
(3) Special rule.--Educational services and other
benefits provided under this section for such private
school children, teachers, and other educational
personnel shall be equitable in comparison to services
and other benefits for public school children,
teachers, and other educational personnel participating
in such program and shall be provided in a timely
manner.
(4) Expenditures.--Expenditures for educational
services and other benefits provided under this section
to eligible private school children, their teachers,
and other educational personnel serving such children
shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
(5) Provision of services.--Such agency, consortium
or entity described in subsection (a)(1) of this
section may provide such services directly or through
contracts with public and private agencies,
organizations, and institutions.
(b) Applicability.--
(1) In general.--This section applies to programs
under--
(A) part C of title I;
(B) title II;
(C) title III;
(D) title IV; and
(E) title VII.
(2) Definition.--For the purposes of this section,
the term ``eligible children'' means children eligible
for services under a program described in paragraph
(1).
(c) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of such agencies or entity shall consult
with appropriate private school officials during the
design and development of the programs under this Act,
on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be assessed and how
the results of the assessment will be used to
improve such services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel and the amount of funds
available for such services; and
(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third party providers.
(2) Disagreement.--If the agency, consortium or
entity disagrees with the views of the private school
officials on the provision of services through a
contract, the agency, consortium, or entity shall
provide in writing to such private school officials an
analysis of the reasons why the local educational
agency has chosen not to use a contractor.
(3) Timing.--Such consultation shall occur before the
agency, consortium, or entity makes any decision that
affects the opportunities of eligible private school
children, teachers, and other educational personnel to
participate in programs under this Act, and shall
continue throughout the implementation and assessment
of activities under this section.
(4) Discussion required.--Such consultation shall
include a discussion of service delivery mechanisms
that the agency, consortium, or entity could use to
provide equitable services to eligible private school
children, teachers, administrators, and other staff.
(d) Public Control of Funds.--
(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with such funds,
shall be in a public agency for the uses and purposes
provided in this Act, and a public agency shall
administer such funds and property.
(2) Provision of services.--
(A) The provision of services under this
section shall be provided--
(i) by employees of a public agency;
or
(ii) through contract by such public
agency with an individual, association,
agency, organization, or other entity.
(B) In the provision of such services, such
employee, person, association, agency,
organization or other entity shall be
independent of such private school and of any
religious organization, and such employment or
contract shall be under the control and
supervision of such public agency.
(C) Funds used to provide services under this
section shall not be commingled with non-
Federal funds.
SEC. 14504. STANDARDS FOR BY-PASS.
If, by reason of any provision of law, a State educational
agency, local educational agency, educational service agency,
consortium, or other entity of such agencies, is prohibited
from providing for the participation in programs of children
enrolled in, or teachers or other educational personnel from,
private elementary and secondary schools, on an equitable
basis, or if the Secretary determines that such agency
consortium or entity has substantially failed or is unwilling
to provide for such participation, as required by section
14503, the Secretary shall--
(1) waive the requirements of that section for such
agency, consortium, or entity;
(2) arrange for the provision of equitable services
to such children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 14503,
14505, and 14506; and
(3) in making the determination, consider one or more
factors, including the quality, size, scope, location
of the program and the opportunity of private school
children, teachers, and other educational personnel to
participate.
SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
14503 by a State educational agency, local educational agency,
educational service agency, consortium of such agencies or
entity. Such individual or organization shall submit such
complaint to the State educational agency for a written
resolution by the State educational agency within a reasonable
period of time.
(b) Appeals to Secretary.--Such resolution may be appealed by
an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or
fails to resolve the complaint within a reasonable period of
time. Such appeal shall be accompanied by a copy of the State
educational agency's resolution, and a complete statement of
the reasons supporting the appeal. The Secretary shall
investigate and resolve each such appeal not later than 120
days after receipt of the appeal.
SEC. 14506. BY-PASS DETERMINATION PROCESS.
(a) Review.--
(1) In general.--
(A) The Secretary shall not take any final
action under section 14504 until the State
educational agency, local educational agency,
educational service agency, consortium of such
agencies or entity affected by such action has
had an opportunity, for not less than 45 days
after receiving written notice thereof, to
submit written objections and to appear before
the Secretary to show cause why that action
should not be taken.
(B) Pending final resolution of any
investigation or complaint that could result in
a determination under this section, the
Secretary may withhold from the allocation of
the affected State or local educational agency
the amount estimated by the Secretary to be
necessary to pay the cost of those services.
(2) Petition for review.--
(A) If such affected agency consortium or
entity is dissatisfied with the Secretary's
final action after a proceeding under paragraph
(1), such agency consortium or entity may,
within 60 days after notice of such action,
file with the United States court of appeals
for the circuit in which such State is located
a petition for review of that action.
(B) A copy of the petition shall be forthwith
transmitted by the clerk of the court to the
Secretary.
(C) The Secretary upon receipt of the copy of
the petition shall file in the court the record
of the proceedings on which the Secretary based
this action, as provided in section 2112 of
title 28, United States Code.
(3) Findings of fact.--
(A) The findings of fact by the Secretary, if
supported by substantial evidence, shall be
conclusive, but the court, for good cause
shown, may remand the case to the Secretary to
take further evidence and the Secretary may
then make new or modified findings of fact and
may modify the Secretary's previous action, and
shall file in the court the record of the
further proceedings.
(B) Such new or modified findings of fact
shall likewise be conclusive if supported by
substantial evidence.
(4) Jurisdiction.--
(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the
action of the Secretary or to set such action
aside, in whole or in part.
(B) The judgment of the court shall be
subject to review by the Supreme Court of the
United States upon certiorari or certification
as provided in section 1254 of title 28, United
States Code.
(b) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines, in consultation with such agency, consortium or
entity and representatives of the affected private school
children, teachers, or other educational personnel that there
will no longer be any failure or inability on the part of such
agency or consortium to meet the applicable requirements of
section 14503 or any other provision of this Act.
(c) Payment From State allotment.--When the Secretary
arranges for services pursuant to this section, the Secretary
shall, after consultation with the appropriate public and
private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allocation or allocations under
this Act.
(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the Education OPTIONS Act shall remain in
effect to the extent the Secretary determines that such
determination is consistent with the purpose of this section.
SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
Nothing contained in this Act shall be construed to authorize
the making of any payment under this Act for religious worship
or instruction.
SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
Nothing in this Act shall be construed to affect home
schools.
SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC SCHOOLS.
Nothing in this Act or any other Act administered by the
Department shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any private,
religious, or home school, whether or not a home school is
treated as a private school or home school under State law.
This section shall not be construed to bar private, religious,
or home schools from participation in programs or services
under this Act or any other Act administered by the Department.
SEC. 14510. SCHOOL PRAYER.
Notwithstanding any provision of law, no funds made available
through the Department of Education under this Act, or any
other Act, shall be available to any State or local educational
agency which has a policy of denying or which effectively
prevents participation in, constitutionally protected prayer in
public schools by individuals on a voluntary basis. Neither the
United States nor any State nor any local educational agency
shall require any person to participate in prayer or influence
the form or content of any constitutionally protected prayer in
such public schools.
SEC. 14511. MEMORIALS AND MEMORIAL SERVICES; RULE OF CONSTRUCTION; AND
ATTORNEY FEES.
(a) Findings.--Congress finds the following:
(1) The saying of a prayer, the reading of a
scripture, or the performance of religious music, as
part of a memorial service that is held on the campus
of a public elementary or secondary school in order to
honor the memory of any person slain on that campus is
not objectionable under this Act.
(2) The design and construction of any memorial which
includes religious symbols, motifs, or sayings that is
placed on the campus of a public elementary or
secondary school in order to honor the memory of any
person slain on that campus is not objectionable under
this Act.
(b) Rule of Construction.--
(1) Payment.--Nothing contained in this Act shall be
construed to authorize the making of any payment under
this Act for religious worship, instruction, or the
construction of any religious memorial.
(2) Memorial service.--This Act shall not be
construed to bar--
(A) the saying of a prayer;
(B) the reading of a scripture;
(C) the performance of religious music; or
(D) the design or construction of any
memorial which includes religious symbols,
motifs, or sayings;
as part of a memorial service held or a memorial
placed, as the case may be, on the campus of a public
elementary or secondary school in order to honor the
memory of any person slain on that campus.
SEC. 14512. ATTORNEYS FEES.
Notwithstanding any other provision of Federal law, a local
educational agency or public elementary or secondary school may
use not more than 20 percent of its administrative funds from
any program under this Act for payment of attorneys fees and
related legal services in the defense of any legal action,
brought against a local educational agency, public elementary
or secondary school, or agent of any of such entities, claiming
such agency, school, or agent violated the constitutional
prohibition against the establishment of religion by
permitting, facilitating, or accommodating--
(1) a student's religious expression; or
(2) the design or construction of any memorial which
includes religious symbols, motifs, or saying as part
of a memorial placed on the campus of a public
elementary or secondary school in order to honor the
memory of a person slain on that campus.
SEC. 14513. GENERAL PROHIBITIONS.
(a) Prohibition.--None of the funds authorized under this Act
shall be used--
(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth
that are designed to promote or encourage, sexual
activity, whether homosexual or heterosexual;
(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
(3) to provide sex education or HIV prevention
education in schools unless such instruction is age
appropriate and emphasizes the health benefits of
abstinence; or
(4) to operate a program of contraceptive
distribution in schools.
(b) Local control.--Nothing in this section shall be
construed to--
(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a
State, local educational agency, or schools'
instructional content, curriculum, and related
activities;
(2) limit the application of the General Education
Provisions Act (20 U.S.C.A. 1221 et seq.);
(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
(4) create any legally enforceable right.
SEC. 14514. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for
under this Act.
SEC. 14515. RULEMAKING.
The Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that
there is compliance with the specific requirements and
assurances required by this Act.
SEC. 14516. REPORT.
The Secretary shall report to the Congress not later than 180
days after the date of enactment of the Education OPTIONS Act
regarding how the Secretary shall ensure that audits conducted
by Department employees of activities assisted under this Act
comply with changes to this Act made by the Education OPTIONS
Act, particularly with respect to permitting children with
similar educational needs to be served in the same educational
settings, where appropriate.
SEC. 14517. REQUIRED APPROVAL OR CERTIFICATION PROHIBITED.
(a) In General.--Notwithstanding any other provision of
Federal law, no State shall be required to have content
standards or student performance standards approved or
certified by the Federal Government, in order to receive
assistance under this Act.
(b) Construction.--Nothing in this section shall be construed
to affect requirements under title I of this Act.
SEC. 14518. PROHIBITION ON ENDORSEMENT OF CURRICULUM.
Notwithstanding any other prohibition of Federal law, no
funds provided to the Department of Education or to any
applicable program may be used by the Department to endorse,
approve, or sanction any curriculum designed to be used in an
elementary or secondary school.
SEC. 14519. PRIVACY FOR STUDENTS.
(a) In General.--No State educational agency or local
educational agency that receives funds under this Act may enter
into an agreement, or allow a school under its supervision to
enter into an agreement, with any person or entity that allows
such person or entity to monitor, gather, or obtain information
used to advertise, sell, or develop a product from any student
under 18 years of age unless such agreement requires the
written permission of the parent of such student prior to
monitoring, gathering, or obtaining such information.
(b) Nature of Information Collected.--Before a school, local
educational agency, or State educational agency, as the case
may be, enters into an agreement to allow a person or entity to
monitor, gather, or obtain information used to advertise, sell,
or develop a product from any student under 18 years, the
school, agency, or State shall ascertain the nature of the
information to be collected, how the information will be used,
if the information will be sold, distributed, or transferred to
any person or entity, and the amount of class time, if any,
that will be consumed by such activity.
(c) Consent Form.--The written permission required by
subsection (a) shall clearly disclose to the parent the nature
of the agreement between a school, local educational agency, or
State educational agency, as the case may be, and the person or
entity, including--
(1) the dollar amount of any consideration paid under
the agreement;
(2) the nature of the information to be gathered;
(3) how the information will be used;
(4) whether the information will be sold,
distributed, or transferred to any other entity; and
(5) the amount of class time, if any, that will be
consumed by such activity.
(d) Exceptions.--This section shall not apply to--
(1) the recruitment activities of any institution of
higher education, as such term is defined in section
102 of the Higher Education Act of 1965;
(2) the development and administration of tests and
assessments used by elementary and secondary schools to
provide cognitive, evaluative, diagnostic, aptitude, or
achievement information about students (or for
normalizing data), and the subsequent analysis and
public release of aggregate data, if--
(A) the information is not used to sell,
advertise, or develop another product; and
(B) the tests are conducted in accordance
with applicable Federal, State, and local
policies;
(3) the development and administration of educational
curriculum and instructional materials used by
elementary and secondary schools to teach core academic
subjects, if--
(A) the information is not used to sell,
advertise, or develop another product; and
(B) the curriculum and instructional
materials are used in accordance with
applicable Federal, State, and local policies;
or
(4) contact information collected from a student that
is used only to respond directly to a specific request
from the student for a transaction, if the
information--
(A) is not used for any purpose other than as
required in order to effect the transaction
with the student; and
(B) is not used to recontact the student in
order to advertise, sell, or develop any other
product or service to the student.
SEC. 14520. RULE OF CONSTRUCTION ON PERSONALLY IDENTIFIABLE
INFORMATION.
Nothing in this Act shall be construed to permit the
development of a national database of personally identifiable
information on individuals involved in studies or in data
collection efforts under this Act.
PART F--SENSE OF CONGRESS
SEC. 14614. REDUCING THE READING DEFICIT.
(a) Findings.--The ability to read the English language is
the cornerstone of academic success. The 1998 National
Assessment of Educational Progress (NAEP) found that 69 percent
of 4th grade students are reading below the proficient level.
The National Institute of Child Health and Human Development
(NICHD) has conducted extensive scientific research on reading
instruction for more than 34 years at a cost of more than two
hundred million dollars. Federal research in reading
instruction has concluded that phonemic awareness, direct
systematic instruction in sound-spelling correspondences,
blending of sound-spellings into words, reading comprehension,
and regular exposure to interesting books are essential
components of any balanced reading program.
(b) Sense of Congress.--It is the sense of Congress that--
(1) federally funded education programs which are
designed to improve reading skills, should use
instructional practices that are grounded in
scientifically based research as defined in section
14101(27) of this Act;
(2) reducing the reading deficit is one of the most
critical tasks before the nation; and
(3) successful learning in all other areas such as
science, history, literature, business and vocational
training or computer science requires the ability to
read fluently and with comprehension.
SEC. 14615. SCIENCE ASSESSMENT.
It is the sense of Congress that State and local assessments
in science should measure a student's ability to--
(1) understand scientific facts, results, and
concepts;
(2) design and conduct experiments;
(3) make arguments based on evidence and data; and
(4) communicate scientific information.
SEC. 14616. AMERICA ACHIEVES ACADEMIC EXCELLENCE.
It is the sense of Congress that--
(1) the Constitution of the United States reserves to
the States and to the people the responsibility for the
general supervision of public education in kindergarten
through the twelfth grade;
(2) State and local educational agencies are best
suited to increasing academic achievement levels for
all students and ensuring no student is left behind;
(3) States and local educational agencies deserve and
require the maximum liberty to build upon existing
innovative approaches for education reform and continue
their proven record of increasing student success;
(4) education reform is in the best interests of the
American people in order to secure a more prosperous
and perfect union;
(5) the best education decisions are made by those
who know the students best and who are responsible for
implementing the decisions, and, therefore, educators
and parents should retain the right and responsibility
to educate their pupils and children free of regulation
by the Federal Government; and
(6) States should be commended for their efforts and
results and encouraged to sustain and improve upon
them.
----------
GOALS 2000: EDUCATE AMERICA ACT
* * * * * * *
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
[PART A--NATIONAL EDUCATION GOALS PANEL
[SEC. 201. PURPOSE.
[It is the purpose of this part to establish a bipartisan
mechanism for--
[(1) building a national consensus for education
improvement;
[(2) reporting on progress toward achieving the
National Education Goals; and
[(3) reviewing the voluntary national content
standards and voluntary national student performance
standards.
[SEC. 202. NATIONAL EDUCATION GOALS PANEL.
[(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (hereafter in this
title referred to as the ``Goals Panel'') to advise the
President, the Secretary, and the Congress.
[(b) Composition.--The Goals Panel shall be composed of 18
members (hereafter in this part referred to as ``members''),
including--
[(1) 2 members appointed by the President;
[(2) 8 members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of
whom shall be from the opposite political party of the
President, appointed by the Chairperson and Vice
Chairperson of the National Governors' Association,
with the Chairperson and Vice Chairperson each
appointing representatives of such Chairperson's or
Vice Chairperson's respective political party, in
consultation with each other;
[(3) 4 Members of the Congress, of whom--
[(A) 1 member shall be appointed by the
Majority Leader of the Senate from among the
Members of the Senate;
[(B) 1 member shall be appointed by the
Minority Leader of the Senate from among the
Members of the Senate;
[(C) 1 member shall be appointed by the
Majority Leader of the House of Representatives
from among the Members of the House of
Representatives; and
[(D) 1 member shall be appointed by the
Minority Leader of the House of Representatives
from among the Members of the House of
Representatives; and
[(4) 4 members of State legislatures appointed by the
President of the National Conference of State
Legislatures, of whom 2 shall be of the same political
party as the President of the United States.
[(c) Special Appointment Rules.--
[(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
[(A) If the Chairperson of the National
Governors' Association is from the same
political party as the President, the
Chairperson shall appoint 3 individuals and the
Vice Chairperson of such association shall
appoint 5 individuals.
[(B) If the Chairperson of the National
Governors' Association is from the opposite
political party as the President, the
Chairperson shall appoint 5 individuals and the
Vice Chairperson of such association shall
appoint 3 individuals.
[(2) Special rule.--If the National Governors'
Association has appointed a panel that meets the
requirements of subsections (b) and (c), except for the
requirements of paragraph (4) of subsection (b), prior
to the date of enactment of this Act, then the members
serving on such panel shall be deemed to be in
compliance with the provisions of such subsections and
shall not be required to be reappointed pursuant to
such subsections.
[(3) Representation.--To the extent feasible, the
membership of the Goals Panel shall be geographically
representative and reflect the racial, ethnic, and
gender diversity of the United States.
[(d) Terms.--The terms of service of members shall be as
follows:
[(1) Presidential appointees.--Members appointed
under subsection (b)(1) shall serve at the pleasure of
the President.
[(2) Governors.--Members appointed under paragraph
(2) of subsection (b) shall serve for 2-year terms,
except that the initial appointments under such
paragraph shall be made to ensure staggered terms with
one-half of such members' terms concluding every 2
years.
[(3) Congressional appointees and state
legislators.--Members appointed under paragraphs (3)
and (4) of subsection (b) shall serve for 2-year terms.
[(e) Date of Appointment.--The initial members shall be
appointed not later than 60 days after the date of enactment of
this Act.
[(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when 10 members of the Goals Panel have
been appointed.
[(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
[(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the Goals
Panel away from the home or regular place of business of the
member.
[(i) Chairperson.--
[(1) In general.--The members shall select a
Chairperson from among the members.
[(2) Term and political affiliation.--The Chairperson
of the Goals Panel shall serve a 1-year term and shall
alternate between political parties.
[(j) Conflict of Interest.--A member of the Goals Panel who
is an elected official of a State which has developed content
or student performance standards may not participate in Goals
Panel consideration of such standards.
[(k) Ex Officio Member.--If the President has not appointed
the Secretary as 1 of the 2 members the President appoints
pursuant to subsection (b)(1), then the Secretary shall serve
as a nonvoting ex officio member of the Goals Panel.
[SEC. 203. DUTIES.
[(a) In General.--The Goals Panel shall--
[(1) report to the President, the Secretary, and the
Congress regarding the progress the Nation and the
States are making toward achieving the National
Education Goals established under title I of this Act,
including issuing an annual report;
[(2) review voluntary national content standards and
voluntary national student performance standards;
[(3) report on promising or effective actions being
taken at the national, State, and local levels, and in
the public and private sectors, to achieve the National
Education Goals; and
[(4) help build a nationwide, bipartisan consensus
for the reforms necessary to achieve the National
Education Goals.
[(b) Report.--
[(1) In general.--The Goals Panel shall annually
prepare and submit to the President, the Secretary, the
appropriate committees of Congress, and the Governor of
each State a report that shall--
[(A) report on the progress of the United
States toward achieving the National Education
Goals; and
[(B) identify actions that should be taken by
Federal, State, and local governments to
enhance progress toward achieving the National
Education Goals and to provide all students
with a fair opportunity-to-learn.
[(2) Form; data.--Reports shall be presented in a
form, and include data, that is understandable to
parents and the general public.
[SEC. 204. POWERS OF THE GOALS PANEL.
[(a) Hearings.--
[(1) In general.--The Goals Panel shall, for the
purpose of carrying out this part, conduct such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence, as the Goals
Panel considers appropriate.
[(2) Representation.--In carrying out this part, the
Goals Panel shall conduct hearings to receive reports,
views, and analyses of a broad spectrum of experts and
the public on the establishment of voluntary national
content standards, voluntary national student
performance standards, and State assessments.
[(b) Information.--The Goals Panel may secure directly from
any department or agency of the United States information
necessary to enable the Goals Panel to carry out this part.
Upon request of the Chairperson of the Goals Panel, the head of
a department or agency shall furnish such information to the
Goals Panel to the extent permitted by law.
[(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions as
other departments and agencies of the United States.
[(d) Use of Facilities.--The Goals Panel may, with consent of
any agency or instrumentality of the United States, or of any
State or political subdivision thereof, use the research,
equipment, services, and facilities of such agency,
instrumentality, State, or subdivision, respectively.
[(e) Administrative Arrangements and Support.--
[(1) In general.--The Secretary shall provide to the
Goals Panel, on a reimbursable basis, such
administrative support services as the Goals Panel may
request.
[(2) Contracts and other arrangements.--The
Secretary, to the extent appropriate, and on a
reimbursable basis, shall make contracts and other
arrangements that are requested by the Goals Panel to
help the Goals Panel compile and analyze data or carry
out other functions necessary to the performance of
such responsibilities.
[(f) Gifts.--The Goals Panel may accept, administer, and
utilize gifts or donations of services, money, or property,
whether real or personal, tangible or intangible.
[SEC. 205. ADMINISTRATIVE PROVISIONS.
[(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of its members.
[(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
[(c) Voting and Final Decision.--
[(1) Voting.--No individual may vote, or exercise any
of the powers of a member, by proxy.
[(2) Final decisions.--
[(A) In making final decisions of the Goals
Panel with respect to the exercise of its
duties and powers the Goals Panel shall operate
on the principle of consensus among the members
of the Goals Panel.
[(B) Except as otherwise provided in this
part, if a vote of the membership of the Goals
Panel is required to reach a final decision
with respect to the exercise of its duties and
powers, then such final decision shall be made
by a three-fourths vote of the members of the
Goals Panel who are present and voting.
[(d) Public Access.--The Goals Panel shall ensure public
access to its proceedings (other than proceedings, or portions
of proceedings, relating to internal personnel and management
matters) and make available to the public, at reasonable cost,
transcripts of such proceedings.
[SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
[(a) Director.--The Chairperson of the Goals Panel, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to be
paid at a rate not to exceed the rate of basic pay payable for
level V of the Executive Schedule.
[(b) Appointment and Pay of Employees.--
[(1) In general.--(A) The Director may appoint not
more than 4 additional employees to serve as staff to
the Goals Panel without regard to the provisions of
title 5, United States Code, governing appointments in
the competitive service.
[(B) The employees appointed under subparagraph (A)
may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title
relating to classification and General Schedule pay
rates, but shall not be paid a rate that exceeds the
maximum rate of basic pay payable for GS-15 of the
General Schedule.
[(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals
Panel in accordance with title 5, United States Code.
[(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and consultants
under section 3109(b) of title 5, United States Code.
[(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the United
States may detail any of the personnel of such agency to the
Goals Panel to assist the Goals Panel in its duties under this
part.
[SEC. 207. EARLY CHILDHOOD ASSESSMENT.
[(a) In General.--The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School Readiness
(hereafter in this section referred to as the ``Groups'') to
improve the methods of assessing the readiness of children for
school that would lead to alternatives to currently used early
childhood assessments.
[(b) Activities.--The Groups shall--
[(1) develop a model of elements of school readiness
that address a broad range of early childhood
developmental needs, including the needs of children
with disabilities;
[(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments,
including assessment formats that are appropriate for
use in culturally and linguistically diverse
communities, based on model elements of school
readiness;
[(3) monitor and evaluate early childhood
assessments, including the ability of existing
assessments to provide valid information on the
readiness of children for school; and
[(4) monitor and report on the long-term collection
of data on the status of young children to improve
policy and practice, including the need for new sources
of data necessary to assess the broad range of early
childhood developmental needs.
[(c) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others regarding
how to improve the assessment of young children and how such
assessments can improve services to children.
[(d) Report.--The Goals Panel shall provide reports on the
work of the Groups to the appropriate committees of the
Congress, the Secretary, and the public.]
* * * * * * *
[PART C--AUTHORIZATION OF APPROPRIATIONS
[SEC. 241. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated $3,000,000 for
fiscal year 1994, and such sums as may be necessary for each of
the four succeeding fiscal years, to carry out part A of this
title.]
* * * * * * *
[TITLE VI--INTERNATIONAL EDUCATION PROGRAM
[SEC. 601. INTERNATIONAL EDUCATION PROGRAM.
[(a) Program Established.--The Secretary, with the
concurrence of the Director of the United States Information
Agency and with the foreign policy guidance of the Secretary of
State, shall carry out an International Education Program in
accordance with this section that shall provide for--
[(1) the study of international education programs
and delivery systems; and
[(2) an international education exchange program.
[(c) International Education Exchange.--
[(1) Requirement.--
[(A) In general.--The Secretary, in
consultation with the Director of the United
States Information Agency, shall carry out a
program to be known as the International
Education Exchange Program. Under such program
the Secretary shall award grants to or enter
into contracts with organizations with
demonstrated effectiveness or expertise in
international achievement comparisons, in order
to--
[(i) make available to educators from
eligible countries exemplary curriculum
and teacher training programs in civics
and government education and economic
education developed in the United
States;
[(ii) assist eligible countries in
the adaptation and implementation of
such programs or joint research
concerning such programs;
[(iii) create and implement
educational programs for United States
students which draw upon the
experiences of emerging constitutional
democracies;
[(iv) provide a means for the
exchange of ideas and experiences in
civics and government education and
economic education among political,
educational, and private sector leaders
of participating eligible countries;
and
[(v) provide support for--
[(I) research and evaluation
to determine the effects of
educational programs on
students' development of the
knowledge, skills, and traits
of character essential for the
preservation and improvement of
constitutional democracy; and
[(II) effective participation
in and the preservation and
improvement of an efficient
market economy.
[(B) Program administration.--The Secretary
and the Director of the United States
Information Agency, or their designees, shall
be jointly responsible for the design of the
program described in subparagraph (A). The
Secretary and the Director of the United States
Information Agency shall name to an oversight
committee an equal number of representatives.
Such committee shall determine the
specifications for requests for proposals, the
eligibility and review criteria for proposals,
and the review process for proposals, for
grants or contracts under this section. The
Director of the United States Information
Agency shall have particular responsibility for
ensuring that programs assisted under this
section are not duplicative of other efforts in
the target countries and that foreign partner
institutions are creditable.
[(C) Reservations.--In carrying out the
program described in subparagraph (A), there
shall be reserved in each fiscal year--
[(i) 50 percent of the amount
available to carry out this subsection
for civics and government education
activities; and
[(ii) 50 percent of such amount
available to carry out this subsection
for economic education activities.
[(2) Contract authorized.--
[(A) In general.--The Secretary, in
consultation with the Director of the United
States Information Agency, is authorized to
contract with independent nonprofit educational
organizations to carry out the provisions of
this subsection.
[(B) Number.--The Secretary, in consultation
with the Director of the United States
Information Agency, shall award at least 1 but
not more than 3 contracts described in
subparagraph (A) in each of the areas described
in clauses (i) and (ii) of paragraph (1)(B).
[(C) Avoidance of duplication.--The
Secretary, in consultation with the Director of
the United States Information Agency, shall
award contracts described in subparagraph (A)
so as to avoid duplication of activities in
such contracts.
[(D) Requirements.--Each organization with
which the Secretary enters into a contract
pursuant to subparagraph (A) shall--
[(i) be experienced in--
[(I) the development and
national implementation of
curricular programs in civics
and government education and
economic education for students
from grades kindergarten
through 12 in local,
intermediate, and State
educational agencies, in
schools funded by the Bureau,
and in private schools
throughout the Nation with the
cooperation and assistance of
national professional
educational organizations,
colleges and universities, and
private sector organizations;
[(II) the development and
implementation of cooperative
university and school-based
inservice training programs for
teachers of grades kindergarten
through grade 12 using scholars
from such relevant disciplines
as political science, political
philosophy, history, law and
economics;
[(III) the development of
model curricular frameworks in
civics and government education
and economic education;
[(IV) the administration of
international seminars on the
goals and objectives of civics
and government education or
economic education in
constitutional democracies
(including the sharing of
curricular materials) for
educational leaders, teacher
trainers, scholars in related
disciplines, and educational
policymakers; and
[(V) the evaluation of civics
and government education or
economic education programs;
and
[(ii) have the authority to
subcontract with other organizations to
carry out the provisions of this
subsection.
[(3) Activities.--The international education program
described in this subsection shall--
[(A) provide eligible countries with--
[(i) seminars on the basic principles
of United States constitutional
democracy and economics, including
seminars on the major governmental and
economic institutions and systems in
the United States, and visits to such
institutions;
[(ii) visits to school systems,
institutions of higher learning, and
nonprofit organizations conducting
exemplary programs in civics and
government education and economic
education in the United States;
[(iii) home stays in United States
communities;
[(iv) translations and adaptations
regarding United States civics and
government education and economic
education curricular programs for
students and teachers, and in the case
of training programs for teachers
translations and adaptations into forms
useful in schools in eligible
countries, and joint research projects
in such areas;
[(v) translation of basic documents
of United States constitutional
government for use in eligible
countries, such as The Federalist
Papers, selected writings of Presidents
Adams and Jefferson and the Anti-
Federalists, and more recent works on
political theory, constitutional law
and economics; and
[(vi) research and evaluation
assistance to determine--
[(I) the effects of
educational programs on
students' development of the
knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
[(II) effective participation
in and the preservation and
improvement of an efficient
market economy;
[(B) provide United States participants
with--
[(i) seminars on the histories,
economics, and governments of eligible
countries;
[(ii) visits to school systems,
institutions of higher learning, and
organizations conducting exemplary
programs in civics and government
education and economic education
located in eligible countries;
[(iii) home stays in eligible
countries;
[(iv) assistance from educators and
scholars in eligible countries in the
development of curricular materials on
the history, government and economics
of such countries that are useful in
United States classrooms;
[(v) opportunities to provide on-site
demonstrations of United States
curricula and pedagogy for educational
leaders in eligible countries; and
[(vi) research and evaluation
assistance to determine--
[(I) the effects of
educational programs on
students' development of the
knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
[(II) effective participation
in and improvement of an
efficient market economy; and
[(C) assist participants from eligible
countries and the United States in
participating in international conferences on
civics and government education and economic
education for educational leaders, teacher
trainers, scholars in related disciplines, and
educational policymakers.
[(4) Participants.--The primary participants in the
international education program assisted under this
subsection shall be leading educators in the areas of
civics and government education and economic education,
including curriculum and teacher training specialists,
scholars in relevant disciplines, and educational
policymakers, from the United States and eligible
countries.
[(5) Personnel and technical experts.--The Secretary
is authorized to provide Department of Education
personnel and technical experts to assist eligible
countries to establish and implement a database or
other effective methods to improve educational delivery
systems, structure and organization.
[(6) Definitions.--For the purpose of this subsection
the term ``eligible country'' means a Central European
country, an Eastern European country, Lithuania,
Latvia, Estonia, Georgia, the Commonwealth of
Independent States, and any country that formerly was a
republic of the Soviet Union whose political
independence is recognized in the United States.
[(d) Authorization of Appropriations.--
[(2) International education exchange.--There are
authorized to be appropriated $10,000,000 for fiscal
year 1995, and such sums as may be necessary for each
of the fiscal years 1996 through 1999, to carry out
subsection (c).]
* * * * * * *
DISSENTING VIEWS
i. introduction
Congress should reject the so-called Opportunity to Protect
and Invest in Our Nation's Schools (OPTIONS) Act (HR 4141),
which reauthorizes several programs under the Elementary and
Secondary Education Act (ESEA), including the Safe and Drug
Free Schools Act, the Gun Free Schools act, and the Technology
for Success Act. While this bill does take some steps toward
restoring local control of education, the majority of this bill
gives Congress more options to exceed it's constitutional
authority by micro-managing education. Furthermore, this bill,
and much of the debate surrounding it, promotes the myth that
federal programs can somehow resolve social and cultural
problems.
The major portion of this Act is the Drug and Violence
Prevention and Education for Students and Communities Act,
which provides funds to local schools for education programs
aimed at reducing drug use among young people. As an Ob-GYN,
who has helped deliver more than four thousand babies, I share
my colleagues' commitment to keeping young children away from
drugs and preventing youth violence. However, I believe that
the federal government is neither constitutionally authorized
nor institutionally capable of reducing drug use among any
segment of the American people. Drug use is primarily a
cultural problem and federal programs are a poor means of
solving cultural problems. Instead, the key to keeping children
free from drugs lies with local communities, churches, and,
most of all, parents.
ii. hr 4140 usurps the legitimate authority of local communities and
parents
Instead of allowing local communities to find the best
means of discouraging drug use among young people, this bill
imposes a uniform drug prevention curriculum on every school in
the nation. It is especially disturbing to once again witnesses
those who are usually supporters of limited, constitutional
government lead the fight to discard the constitutional
limitations on federal power in the name of the ``drug war.''
Just last month, many members of the House who were skeptical
of military intervention in Haiti and Kosovo enthusiastically
voted to intervene in the internal affairs of Columbia in order
to defeat the drug lords. Now, many members who usually vote to
reduce federal control over education will vote to increase
federal interference in the classroom in the name of the war on
drugs. Contrary to what many of my colleagues seem to think,
there is no ``drug war'' exemption to the Tenth Amendment. My
colleagues should remember that it took the passage of the 18th
amendment to give the federal government the power to
regulation alcohol.
The drug-free education model promoted in this act
reinforces the modern notion that government officials should
have virtually unfettered power to violate individual liberty
if the violation can somehow be justified in the name of the
drug war. For example, among the provisions in this bill is one
allowing states to use federal funds for drug tests and locker
searches, thus undermining student privacy. I note that there
is nothing in the bill requiring even parental consent before a
school official can invade a student's personal property. While
teaching students there should meekly submit to any and all
violations of their rights in the name of the drug war is not
an effective way to battle drugs, its is an effective way to
stamp out liberty.
By increasing federal micro-management, Congress decreases
the ability of local school officials to offer innovative
programs designed to help children who are ``at-risk'' of
turning to drugs or crime. For example, my office has been
contacted by organizations concerned that under this bill local
schools districts will feel compelled to replace programs
designed to help boost student interest in science and math
with ``anti-drug'' programs. The decision of whether children
will benefit more from programs aimed at increasing their
interest in science and math than programs stressing the
dangers of drug use is one that should only be made by parents
and local school officials.
Furthermore, many of the programs funded under this act,
particularly those funded under the rubit of ``social
service'', undermine parental values. It is hard to find a more
outrageous example of a misuse of government power than to use
monies unjustly taken from American parents to indoctrinate
their children with values and beliefs diametrically opposed to
those of the parents.
iii. the solution to social problems lies in promoting individual
responsibility, not expanding government power
At least most of my colleagues who wish to trample the
Constitution in the name of the drug war recognize that human
beings are moral actors who must ultimately be held accountable
for their actions. In contrast, there are many members in
Congress who seem to believe that criminal activity stems not
from any individual moral failing but because people have
access to guns. These members are shamelessly exploiting recent
gun tragedies, such as those in Colorado and Michigan, to
restrict the liberty of lawful gun-owning Americans. I would
remind my colleagues that the federal government has no
constitutional authority to insert itself into matters of
colleagues that the federal government has not constitutional
authority to insert itself into matters of crime control and,
in fact, the Second Amendment forbids Congress from diminishing
the people's right to bear arms. Furthermore, any new gun
control legislation will likely only effect innocent citizens
since criminals are unlikely to follow such laws. In fact, by
reducing the opportunity for the law abiding to defend
themselves, new gun control laws could lead to an increased
loss of innocent life.
Instead of blaming guns, drugs, or excessive exposure to
violent programing we need to return to the old tradition of
holding individuals accountable for their actions. A culture
that fails to hold individuals responsible for the consequences
of their actions endangers liberty, because if individuals do
not control themselves the state will control them. I would
also remind my colleagues that crime, and other social
pathologies, were much lower in the days when Americans had
much greater access to guns; people where held responsible for
their actions; families and churches took the lead in
instilling moral values; and the federal government respected
it's constitutional limitations.
iv. the best way to improve education is to give parents control over
their educational dollar
In addition to the philosophic and constitutional
objections stated above, I also find HR 4141 offensive because
of the education resources wasted when taxpayers are forced to
send money to Washington, which then distributes a smaller
portion of this money to the states and the local school
districts, with detailed instructions on how it is to be spent.
Instead of this convoluted process, I have proposed a much
more direct, effective, and constitutional means of financing
American education: give control over the education dollar back
to America's parents. My Family Education Freedom Act (HR 935)
does this by providing all parents with a $3,000 per child tax
credit to spend on K-12 education expenses. This credit allows
parents to devote more of their own resources to education to
ensure their children get educations that meet the children's
needs instead of an education that fits the priorities of DC-
based bureaucrats and politicians in Washington. By placing
control of the education dollar in the hands of parents, my
bill also helps ensure that education funds will be spent on
children, not wasted in bureaucracy. I have also introduced the
Education Improvement Tax Cut Act (HR 936), which provides a
tax credit of up to $3,000 tax credit for contributions to K-12
elementary or secondary scholarships as well as for cash or in-
kind donations to elementary and secondary public or private
schools.
Under my legislation, families could work with school
officials and local communities to develop the type of drug and
firearms safety education program that best suits the needs of
children in those local communities. By reducing the tax burden
on American families, my legislation will also give parents the
ability to spend more time with their children, instead of
having to spend the majority of their time working to pay the
inordinate tax burden the federal government has placed on the
American family.
My education package will also help meet some of the other
goals of this legislation, such as ensuring that children have
the familiarity with modern technology necessary to succeed in
today's economy. HR 4141 reauthorizes the ``Tech for Success''
program, which provides taxpayer monies to local communities in
order to use them to fulfill certain federally-defined goals
involving technology. This program is filled with the same
bureaucratic requirements contained in every program in this
legislation, which do nothing but strip local communities of
control over education and divert resources away from the
classroom. In contrast, under my education program, when
parents and communities leaders decide that children in a
community need technology education, or that educators need
enhance technology training, they can spend money directly on
technology training without having to get the permission of
federal bureaucrats!
I would be remiss if I did not mention that this bill takes
some steps toward restoring true local control of education
resources through the transferability provision. Under this
program, local officials will be able to transfer unneeded
program funds into another federal program. Thus, a school that
does not need to devote all of its Safe and Drug Free schools
money to that program can spend more helping undeserved
children under the Title One program. Meanwhile, a school that
could use more funds to devote to a quality drug education
program, but does not need to spend more on technology
training, can devote more resources to drug prevention
programs. This represents a good first step toward restoring
true local control over education.
Supporters of a constitutional education policy should also
be pleased that this bill deletes all references to the GOALS
2000 program. GOALS 2000 was one of the most outrageous power
grabs over local education in recent memory and all supporters
of constitutional government and quality education should be
pleased to see its demise.
v. conclusion
While the misnamed-OPTIONS bill does take a step forward to
restore local control over education, it also inflicts new
mandates on local schools, undermines parental rights, and
violates the second and tenth amendments to the United States
Constitution in the name of fighting drugs and violence. Much
of this bill is a wrongheaded, unconstitutional, and dangerous
attempt to resolve cultural problems by expanding the size of
government, while other parts of the bill ``merely'' continue
to force states and localities to abide by education priorities
set by DC-based politicians and bureaucrats. Rather than
advance centralized control over education, Congress should
return control over education to the nation's families by
returning control over the education dollar to the American
people. Empowering individuals, parents and communities is also
the best way to deal with the cultural problems that lie at the
root of youth violence and youth drug abuse. Therefore, I call
on my colleagues to defeat this bill and join my efforts to
return control of the education dollar to the American people
embracing my Family Education Freedom Act (HR 935) and the
Education Improvement Tax Cut (HR 936).
Ron Paul.
ADDITIONAL VIEWS
republican cessation of education services irresponsibly will lead to
unsafe communities and schools
We opposed the Committee's adoption of the Norwood and
Talent amendments to H.R. 4141. These amendments would gut the
historic bipartisan 1997 agreement on the Individuals with
Disabilities Education Act (IDEA) and put our communities and
families at greater danger of violence and crime.
Both amendments would permit schools to cease educational
services under certain conditions to students with disabilities
who have been expelled or suspended from schools. Specifically,
the Norwood amendment would allow cessation of educational
services for children with disabilities who bring a weapon to
school. The Talent amendment would permit cessation of
educational services for children with disabilities who
possess, use or sell illegal drugs at school or commit an
aggravated assault or battery as defined under State law. Both
amendments would also eliminate IDEA's due process protections
for disabled children accused of discipline violations,
replacing them with a weakened ``defense of innocence
provision,'' that would provide zero safeguards. Even more
disturbing, both amendments would allow cessation of
educational services to students where they behavior is
directly related to their disability. This is a considerable
departure from longstanding policy in existence from the
inception of this Act.
Before the passage of Education for All Handicapped
Children Act in 1975 (IDEA's predecessor statute), young people
with disabilities were often shut way and condemned to a life
away from their families and communities. At that time, 4
million disabled children did not receive the assistance they
needed to succeed in school--either because their disabilities
were undetected or because schools refused or were unable to
offer the services they needed. Additionally, more than one
million school-aged children with disabilities were excluded
from public school all together. At the time, one of the
primary reasons for excluding these children from school was
due to the perception by schools that these students were too
disruptive to serve. In short, they were discipline problems.
It is against this backdrop that Congress passed the
Education for All Handicapped Children Act in 1975 to guarantee
the availability of special education to disabled students and
to insure the appropriateness of instruction and services to
these students. Recognizing the special status of this landmark
civil rights legislation, the Congress gave the Act permanent
authorization status--one of a very few education programs to
have this status.
Over the course of the 104th and 105th Congress, the
Committee carefully weighted the issue of how to discipline
disabled students. The Committee held numerous hearings and
entertained several proposals on how to ensure a safe, orderly
educational environment for students of disabilities and the
schools that they attend. When the issue of ceasing educational
services was considered after months of deliberation, it was
rejected by a majority of witnesses at legislative hearings and
most importantly rejected by a near unanimous vote in Congress.
Despite the bipartisan history behind the current statutory
provisions pertaining to discipline, the Republican majority
has now sought to irresponsibly end educational opportunity and
increase violence and crime. It is difficult for any student
who is suspended or expelled to ever catch up and graduate from
school. Research shows that children with disabilities who are
put out of school without educational services are much less
likely than other children to ever catch up, much less likely
to graduate from high school, less likely to be employed, and
substantially more likely to be involved in crime.
Some support cessation of services because they think it
will act as a deterrent. But those who put any thought into
that issue know that threatening a child with a 1-year vacation
from school will not serve as a deterrent from misconduct. In
fact, the Committee heard from several law enforcement
organizations that opposes the policy embodied in these
amendments because they recognize that it will not make our
communities safer.
During the Juvenile Justice debate on a similar amendment a
national coalition of police chiefs, prosecutors and crime
victims wrote us a letter which said, in part, ``giving a
guntoting kid an extended vacation from school and from all
responsibility is soft on offenders and dangerous for everyone
else. Please don't give those kids who need adult supervision
the unsupervised time to rob, become addicted to drugs and get
their hands on other guns to threaten students when the school
bell rings.'' (May 17, 1999 Letter from Fight Crime and Invest
In Kids to Senators considering similar IDEA Amendment on
Juvenile Justice legislation.)
Alternative education services are certainly cheaper than
jail or prison and the phenomenal success of some States in
preventing serious disciplines problems from developing in the
first place suggests that there are much better approaches to
school safety and discipline than expulsion without educational
services. Yet despite these successes and overwhelming evidence
that interventions can reduce disciplinary problems, these
amendments strip away some of the very provisions in IDEA that
most experts would agree are the prudent things to do in order
to prevent future disciplinary problems, provisions such as
implementing an intervention plan in order to address the
behavior that got the student in trouble in the first place.
We regret that the Committee has taken the opportunity to
undermine this important education program with ill-conceived,
partisan and opportunistic attacks. The Republican party, which
has made its mark this Congress by rejecting common-sense gun
control and juvenile crime legislation is once again
irresponsibly increasing the violence in our communities with
the passage of these amendments.
Dale E. Kildee.
Bobby Scott.
ADDITIONAL VIEWS BY ROBERT C. ``BOBBY'' SCOTT
charitable choice
I continue to have grave concerns about the constitutional
and policy implications of the Charitable Choice provision
contained in the Safe and Drug-Free Schools and Communities
Act, Title II of H.R. 4141, the OPTIONS Act. The provision
seeks to allow religious organizations to receive grants under
Title II of the bill to implement drug and violence prevention
programs in conjunction with local schools. While this
provision seeks to ensure that ``religious organizations be
considered on the same basis as other nongovernmental
organizations'' receiving grants to reduce drug use and
prevalence of violence in our schools--it has many troubling
implications.
Specifically, Title II of the bill would allow publicly
funded employment discrimination on the basis of religion.
Charitable Choice provides that religious organizations may
retain their exemption from the prohibition against religious
discrimination in Title VII of the 1964 Civil Rights Act,
regardless of the receipt of federal funds, and therefore are
permitted to discriminate with those funds on the basis of
religion.
The idea that religious bigotry may take place with federal
funds is not speculative. During several debates on this issue
and reaffirmed during the consideration in committee, it has
been established that a religious organization using federal
funds under Charitable Choice could fire or refuse to hire a
perfectly qualified employee because of that person's religion.
(``* * * [A] Jewish organization can fire a Protestant if they
choose,'' 145 Cong. Rec. H4687 (daily ed. June 22, 1999)).
Unfortunately, the Committee failed to adopt my amendment which
would have ensured that the exemption under Title VII should
not apply to any employment position funded by a Safe and Drug-
Free Schools and Communities grant.
The current exemption provided under Title VII is a common
sense provision which allows religious organizations to
discriminate based on religion when, for example, a Catholic
church hires a priest. They can, of course, require that the
job applicant be Catholic. This exemption was intended to apply
to the use of private funds for the religious organization and
it was never expected to be applied to the use of federal
funds.
It is an incorrect assertion that the extension of the
Title VII exemption is consistent with current law. I
specifically disagree with the Committee that ``[t]he provision
would: * * * (3) clarify that religious organizations are
exempt from employment nondiscrimination requirements of Title
VII of the Civil Rights Act as is true under the current Title
VII civil rights law.'' In fact, the Supreme Court has never
addressed the issue with respect to the Title VII exemptions
for Religious organizations in which public funds were
involved. Past court cases have only dealt with the Title VII
exemption for religious organizations in which private funds
were at stake.
Furthermore, the only court to consider this issue, a
Federal District Court in Mississippi, held (in an unpublished
case) that the funds ``constituted direct financial support in
the form of a substantial subsidy, and therefore, to allow the
Salvation Army to discriminate on the basis of religion, * * *
would violate the Establishment Clause of the First
Amendment.'' Dodge v. Salvation Army, 1989 WL 53857 (S.D.
Miss.) Recently, a complaint was filed against Kentucky Baptist
Homes For Children, Inc. in the United States District Court
Western District of Kentucky concerning whether state aid can
be used by religious organizations to discriminate in their
employment. At issue is whether or not Kentucky Baptist Homes
for Children, receiving most of their operating funds from the
State, can fire an exemplary employee because that employee's
homosexuality was contrary to the center's Christian values.
This case will likely have implications for the employment
discrimination provisions contained in Charitable Choice.
As the Kentucky case suggests, there are broader
implications for extending the Title VII exemption than merely
the hiring or firing of an individual on the sole basis of that
person's religion. An excerpt from a Congressional Research
Service memorandum best illuminates the potential consequences
of including such a provision. ``If a religious provider's
faith mandates or ordains observance of precepts based on race
or gender or sexual orientation or martial status or behavior,
the * * * provision allows the provider to discriminate against
employees and potential employees on that basis.'' While the
Supreme Court would, I hope, find racial discrimination
constitutionally suspect even if it were to be motivated by a
religious belief, there should, nonetheless, be cause for
concern that there are questions about the interplay between
Charitable Choice and other nondiscrimination provisions.
It is a result of these very questions that made it
necessary to offer an amendment to make it clear that any
receipt of Safe and Drug-Free Schools and Communities Act funds
constituted receipt of federal financial assistance. For the
purposes of establishing legislative history, my intent with
this amendment is that religious organizations operating with
federal funds must abide by anti-discrimination laws and that
the funding agency should have the power to enforce these laws.
I agree with the Committee that this amendment does not extend
``civil rights protections beyond current law'' but I would
note that these laws should be enforced is a religious
organization is found to have violated any anti-discrimination
laws. One of the traditional enforcement mechanisms includes
the withholding of federal funds from entities found in
violation of federal law. This option would be available to any
agency in its oversight over religious organizations'
participation in the Safe and Drug-Free Schools and Communities
program. Without the power to withhold funds, the funding
agency would have to find an individual complainant against. In
practical terms this could be difficult if no minorities wanted
to go there because of the discrimination. This amendment had
previously been adopted on H.R. 3222, a bill to reauthorize the
Even Start family literacy program.
The second of my amendments that was adopted improves the
likelihood that religious organizations operating with Safe and
Drug-Free Schools and Communities Act funds would do so without
being in violation of the Constitution. Without my amendment,
the Charitable Choice provision prohibited only the public
funds from being used for ``sectarian worship, instruction, or
proselytization''. This would not, of course, cover the
privately paid employee or volunteer from engaging in such
activity. The concern here is that you have school-age children
attending a federally funded drug and violence prevention
program. In essence, they are a captive audience. Without my
amendment, the provision takes on the meaning of a federally
funded school prayer program. For purposes of establishing
legislative history, the amendment I offered which was accepted
provided that a ``charitable, religious or private
organization'' could not subject a participant in a Safe and
Drug-Free Schools and Communities program to sectarian worship
or instruction or proselytization, through any means regardless
of whether it is paid for with federal funds, provided through
a volunteer, or in any other way. Again, my amendment improves
the Charitable Choice provision and increases the possibility
that it could be implemented consistent with the Constitution.
This amendment had also been adopted during consideration of
H.R. 3222, a bill to reauthorize the Even Start family literacy
program.
It is important to note that Charitable Choice has not been
enacted without its controversies or without questions about
its constitutionality. When signing charitable choice into law
as part of S. 2206, the Community Services Block Grant
reauthorization, President Clinton included the following
statement:
The Department of Justice advises, however, that the
provision that allows religiously affiliated
organizations to be providers under CSBG would be
unconstitutional if and to the extent it were construed
to permit government funding of ``pervasively
sectarian'' organizations, as that term has been
defined by the courts. Accordingly, I construe the Act
as forbidding the funding of pervasively sectarian
organizations and as permitting Federal, State, and
local governments involved in disbursing CSBG funds to
take into account the structure and operations of a
religious organization in determining whether such an
organization is pervasively sectarian.
In various cases, the Supreme Court lists several criteria
to be used to determine if an institution is ``pervasively
sectarian:'' (1) location near a house of worship; (2) an
abundance of religious symbols on the premises; (3) religious
discrimination in the institution's hiring practices; (4) the
presence of religious activities; and (5) the purposeful
articulation of a religious mission.
Yet, the legislative history of Charitable Choice is very
clear--its purpose is to provide government funding to
``pervasively sectarian'' religious organizations. During the
debate on an amendment offered by Rep. Chet Edwards to H.R.
3073, ``The Fathers Count Act of 1999'', proponents of
Charitable Choice argued that to not allow funding of
pervasively sectarian organizations would ``gut'' the bill.
Unfortunately, Rep. Edwards' amendment to prohibit federal
funding of ``pervasively sectarian'' organizations was defeated
on a vote of 184 to 238.
In a Congressional Research Service report entitled
``Charitable Choice: Background and Selected Legal Issues''
(RL30388), it contemplates the difficulty of implementing all
of the seemingly contradictory elements of Charitable Choice in
a manner consistent with the Constitution.
As noted above, one of the issues that has been
raised about charitable choice measures is whether it
is possible to implement all of their provisions or
whether some necessarily have to be ignored, i.e.,
whether the various provisions of charitable choice are
internally contradictory. But that issue of the
administrative feasibility of implementing charitable
choice is, in fact, a question of its
constitutionality. All of the charitable choice
provisions enacted or approved to date require that
they be implemented ``consisted with the Establishment
Clause of the United States Constitution.'' But they
also allow the religious organizations that receive
grants or administer contracts under the pertinent
programs to hire only adherents of their own faith, to
display religious symbols and scripture on the premises
where services are provided, to practice and express
their religious beliefs ``independent'' of any
government restrictions, and apparently, to invite the
participants in the publicly funded programs to take
part in religious activities funded with the
organizations' own funds. Such organizations also need
not, although they may, be incorporated separately from
a sponsoring religious entity. Administratively, the
question is whether the programs can be implemented in
full compliance with all of these provisions. But more
fundamentally, the question is whether it is
``consistent with the Establishment Clause'' for the
government to fund religious organizations with these
characteristics. * * * That means for purposes of
direct public aid a religious organization's secular
functions and activities must be able to be separated
from its religious functions and activities. If they
are separable, government can directly subsidize those
functions. However, if the entity is so permeated by a
religious purpose and character that its secular
functions and religious functions are ``inextricably
intertwined,'' i.e., if the entity is ``pervasively
sectarian,'' the Court has held the establishment
clause generally to forbid direct assistance.
The premise of Charitable Choice seems to suggest that
religious organizations participating in Safe and Drug-Free
Schools and Communities program may operate without regard to
providing a religiously neutral atmosphere. Their
constitutional requirement to provide services in a neutral
environment which is not ``pervasively sectarian'' is not
lessened by the provisions in Charitable Choice. It is
unfortunate that the language in Charitable Choice,
specifically subsection (b), may lead some religious
organizations to operate in a manner that violates the
Constitution and subject them to unwanted lawsuits.
It is also unfortunate that proponents of Charitable Choice
have failed to contemplate the harm that this provision may
cause to religious organizations and their religious mission
when these organizations receive funds under Charitable Choice.
In a March 17, 2000 Capitol Hill briefing on Charitable Choice
sponsored by the Working Group for Religious Freedom, several
speakers representing a broad political spectrum voiced their
concerns about the false promise that this provision offers to
faith based organizations.
At that briefing, Rev. Wanda Henry of the American Baptist
Churches, USA offered her eloquent thoughts on what Charitable
Choice means for faith-based organizations:
Charitable Choice's proponents argue that the way in which
faith-based organizations operate and function as an entity
will not change as a result of Charitable Choice. But,
competition fosters change.
The change surfaces when meeting the needs of the people
become secondary and the ``money chase''--the quest for
government-funded contracts and/or grants--becomes primary.
There will be a change when the decisions affecting who
receives assistance and how the assistance is implemented are
removed from the mission of the faith-based organizations and
becomes bogged down in, with, and through government controls
and bureaucracy.
Charitable Choice does an injustice to the organizations
receiving funds by not clearly delineating the chain of events
which occur when government monies enter into the doors and
settle into the coffers of the treasuries of our churches and
ministries.
For example, Charitable Choice suggests that the audit is a
limited event if there is a separate reporting and
accountability of government funds. While that may be true, as
a former Contracting Officer, I know that the limit of the
audit is not so much determined by separations as it is by
thresholds and dollar amounts. * * * You and I know that
contracts--government and otherwise--are written from the
vantage point of the one with the dollars. In this instance, it
is the government. Equality does not exist here due to the
pressures created from government contracts and grants as a
result of time-consuming administration and monitoring
functions.
The prophetic voice of the church will be silenced or
threatened with silence due to their inability to criticize the
main source of their funding for meeting social needs.
Certainly Charitable Choice does not intend this--or does it?
Dr. James M. Dunn once stated: ``You can't fool all the people
all the time, but there is good money in trying.'' In the same
manner, Dr. Martin Luther King, Jr., said ``The Church is not
the master of the state, nor the servant of the state but the
conscience of the state.'' Charitable Choice places faith-based
institutions in the position of losing their consciences.
Charitable Choice will force church and other faith
based institutions to become so dependent on government
monies that they will lose their place in the spiritual
realm and become mere facades for government buildings.
Another speaker at this briefing also spoke of the dangers
of government funding of religious organizations as proposed
under Charitable Choice. Melissa Rogers is the General Counsel
for the Baptist Joint Committee. The spirit of her comments are
best illustrated in an Op-Ed article she authored appearing in
the The Washington Post on June 23, 1999. Excerpts follows:
Put simply, charitable choice is the wrong way to do
right. For one thing, religious ministries would be
regulated by the government, which would mean audits
and, probably, tedious reporting, intrusive compliance
reviews and even the subordination of religious
principles to government policies and objectives.
Gore and Bush have emphasized that the charitable
choice law attempts to protect the religious character
and autonomy of providers, but whether these
protections would survive judicial scrutiny is
questionable. For example, is it constitutional to
allow a religious ministry to insist that no Jews or
Muslims need apply for jobs that are tax-funded? One
federal district court has already refused to allow the
Salvation Army to fire an employee whose salary was
paid substantially with tax money simply because the
employee was a Wiccan.
Second, under charitable choice, religious ministries
could become administrative centers of government
benefits and services and gain associated duties such
as terminating benefits, reporting on beneficiaries and
otherwise policing the system. Instead of being known
as sanctuaries, churches could come to be viewed
essentially as arms of the state. If tax subsidies flow
to churches and other religious ministries, the role of
religion as prophetic critic of government also will be
diminished.
Another speaker at the March briefing gave a conservative
perspective of the dangers of Charitable Choice. Timothy Lamer
is the Deputy Managing Editor of World Magazine, a conservative
evangelical publication. In 1996, he wrote an article appearing
in The Weekly Standard entitled ``I Gave At Church'' outlining
his concerns as a conservative evangelical about the inclusion
of Charitable Choice in the Welfare Reform law. These concerns
also apply to Charitable Choice contained in the Safe and Drug-
Free Schools and Communities program in H.R. 4141. An excerpt
of his article follows:
Tax dollars given for ``secular'' use at Christian
charities will free up church funds for
proselytization. But that should concern all those,
including evangelicals, who value religious liberty, a
basic tenet of which is that citizens should not be
taxed to support religions with which they disagree.
Evangelicals in particular should remember that under
the Ashcroft (Charitable Choice) proposal, state
governments will decide which charities get federal
dollars. Whichever sects have the most influence in
each State will get the coveted funds. Imagine the
backlash when evangelicals realize their money is going
to support the Mormon Church in Utah and the Roman
Catholic Church in Massachusetts. Or when the Mormons
and Catholics realize that their tax dollars are
supporting the Southern Baptists in Tennessee.
If money is really fungible, then government support
of Mormon charities means the Mormon Church can send
more missionaries to, say, the South. And the Southern
Baptists can do more evangelism in, say, Utah. There's
no better way to start a real religious war in America
than to coerce the faithful of any church into
subsidizing what they view as a false religion.
Charitable Choice presents a myriad of constitutional and
policy implications. Unfortunately, we have failed to fully
investigate these issues because it is not a serious attempt by
its proponents to set appropriate, responsible policy for
religious organizations' participation in federally funded
grant programs. Rather, it is nothing but political window
dressing for those who have continually sought in this Congress
and the previous one to intrude upon the religious liberties
and protections afforded by the First Amendment of our
Constitution.
A copy of the Congressional Research Service Memorandum
entitled `Questions Concerning Possible Charitable Choice
Amendment to the Even Start Program,' is submitted for the
record as part of my Additional Views.
Hate Crimes
The Majority's elimination of hate crime prevention
programs in Title II of H.R. 4141, the OPTIONS Act, represents
their latest and most egregious attempt to roll back school and
community based efforts to reduce the incidence of hate crimes
committed by youth. Most disappointing is that this effort
comes cloaked in language of religious tolerance when in fact
it condones and encourages intolerance.
Hate crimes are defined in law as offenses that ``manifest
evidence of prejudice based on race, religion, sexual
orientation, or ethnicity.'' (P.L. 101-275) The Department of
Justice reports that the incidence of hate crimes based on
race, religion, sexual orientation, disability and gender, has
been on the rise since 1991 when data was first collected.
Based on the most recent data available, in 1996 there were
over 8,000 reported incidents of hate crimes. Crimes motivated
by prejudice and intolerance based on race represented the
majority of these hate crimes. In fact, in the week before the
Committee considered H.R. 4141, the Associated Press reported
on an alleged race-based hate crime in Alabama committed by a
14 year old and a 15 year old. During committee consideration,
I introduced for the record, other incidents of school and
youth based hate crimes as collected by the Human Rights
Campaign Fund, giving 8 other examples from the past year.
Because the data collected by the Department of Justice is
provided voluntarily by law enforcement agencies, most social
science researchers believe that the incidence of hate crimes
is underreported.
While the perception is that hate crimes are committed by
organized hate group such as ``skinheads'', the research
reveals that it is more common that young people, ages 15-25,
are the perpetrators. In order to reduce the incidence of hate
crimes committed by youth, the Sate Drug Free Schools Act and
the Juvenile Justice and Delinquency Prevention Act authorize
funding for school and community based hate crime prevention
programs. These programs focus on educating youth, who are
school age, in ways that challenge concepts of prejudice and
intolerance that are present in various social institutions.
The Safe and Drug Free School Act provides for the
development of teaching materials on hate crime prevention. The
publication most often referenced by the Majority, Healing the
Hate, is used by teachers as a guide on how to protect students
from harassment and hate crimes. The manual includes examples
of hate-crimes based on sexual orientation. In their committee
views, the Majority states, ``Current national programs
authority to create a sample curriculum regarding hate crime
prevention has been abused. A publication created by the
Department of Education, Healing the Hate, which targets middle
school age students, teaches that certain Christian beliefs are
intolerant.'' Correspondence, dated April 9, 1999, sent to the
former Administrator of the Office of Juvenile Justice and
Delinquency Prevention from members of the Majority further
expands on their views:
29. Do any of the programs funded under violence/hate
crimes prevention involve family counseling or other attempts
to deal with attitudes children may learn from their parents
that could make them more likely to commit hate crimes?
* * * * * * *
32. Is there any requirement that parents be notified when
information about the homosexual lifestyle is taught at school
with the use of OJJDP funds?
33. How is hate speech defined for purposes of OJJDP
programs?
34. If minor or adult speaks about the morality of
homosexuality, is this considered intolerant? Is it considered
a hate crime?
35. If person says homosexual behavior is an abomination,
is that hate speech?
36. If person or a parent says homosexuals cannot inherit
the kingdom of God, is that hate speech?
Is it a belief or attitude that could lead to the
commission of hate crimes as far as OJJDP programs are
concerned?
39. Are there any requirements prohibiting OJJDP funded
materials, training, and documents from stereotyping or
denigrating individuals or families who hold Judeo--Christian
or other religious beliefs?
40. What is the legal and/or statutory authority for DOJ
including sexual orientation as a class identifier which
affords individuals heightened legal protection as part of
official DOJ documents and publications?
The Majority's claim that hate crime prevention programs
are anti-Christian should serve as an example of the
intolerance these programs seek to abate. This is further
evidenced by the Provision in Section 4143 of Title II of H.R.
4141 which prohibits uses of funds for ``activities or programs
that discriminate against or denigrate the religious or moral
beliefs of students who participate in such activities or
programs.'' This language is clearly impractical in its
administration. Moreover, it would prevent Safe and Drug Free
School hate crime prevention programs from teaching, for
example, that the tenets of the Church of the Creator which
condone white supremacy, are wrong. Unfortunately, in their
zeal to counter the alleged anti-Christian message in hate
crime prevention program, the language offered by the Majority
would endorse the practices of organizations who teach or
encourage prejudice and intolerance that lead to hate crimes.
Bobby Scott.
------
Congressional Research Service,
Library of Congress,
Washington, DC, February 15, 2000.
Memorandum
To: Honorable Robert C. Scott, Attention: Theresa Thompson.
From: David M. Ackerman, Legislative Attorney, American Law Division.
Subject: Questions Concerning Possible Charitable Choice Amendment to
the Even Start Program.
This is in response to your request for a brief analysis of
the possible legal implications of the employment
discrimination provision of a charitable choice amendment that
may be proposed to the Even Start program and for information
on the constitutional standards governing direct public
assistance to religious organizations. This memorandum responds
to these inquiries in order.
employment discrimination
The text of the charitable choice amendment has not been
made available to us. But previous charitable choice proposals
have included one or both of the following provisions regarding
employment discrimination:
(1) Title VII Exemption.--The exemption of a
religious organization provided under section 702(a) of
the civil Rights Act of 1964 (42 U.S.C. 2000e-1)
regarding employment practices shall not be affected by
the religious organization's provision of services
under, or receipt of funds from, [name of program].
(2) Tenets and Teachings.--A religious organization
that provides services under [name of program] may
require that its employees providing services under
such program adhere to the religious tenets and
teachings of such organization, and such organization
may require that those employees adhere to rules
forbidding the use of drugs or alcohol.
Time limitations prevent a thorough analysis of these
provisions, but several observations might be made.
First, with the exception of the part concerning the use of
drugs and alcohol in the second provision, it appears doubtful
that there is any significant difference in the scope of the
two provisions. Both provisions appear to allow religious
organizations receiving funds under the pertinent program to
discriminate on religious grounds in their employment
practices. Title VII of the Civil Rights Act of 1964 generally
prohibits public and private employers from discriminating in
their employment practices on the bases of race, color,
religion, sex, or national origin. But Sec. 702(a) of that
statute exempts religious organizations from the ban on
religious discrimination, as follows:
Section 702(a): This subchapter shall not apply to *
* * a religious corporation, association, educational
institution, or society with respect to the employment
of individuals of a particular religion to perform work
connected with the carrying on by such corporation,
association, educational institution, or society of its
activities.
That exemption, it might be noted, applies not only to the
religious activities of a religious organization but also to
its secular activities.\1\
---------------------------------------------------------------------------
\1\ Corporation of the Presiding Bishop of the Church of Jesus
Christ of Latter-Day Saints v. Amos, 483 U.S. 327 (1987).
---------------------------------------------------------------------------
Title VII, of course, applies without regard to whether an
organization receives public funds. The provision in the first
charitable choice amendment noted above, thus, would extend the
Title VII exemption for religious organizations to situations
in which the organizations receive public funds under the
pertinent program and allow them to discriminate on religious
grounds in their employment practices to the same extent as is
currently allowed by Title VII.
The language in the second provision allowing a religious
organization that receives funds under the pertinent program to
require its employees ``to adhere to the religious tenets and
teachings of such organization'' appears congruent with the
Title VII exemption. Under both provisions a religious
organization can restrict its hiring not only to members of its
own faith but to those who abide by its precepts and otherwise
give preference to such persons in their other employment
practices.
Second, the scope of each exemption appears to be quite
broad. The Title VII exemption, for instance, has been held to
protect employment discrimination by religious organizations in
a variety of circumstances:
the Church of Jesus Christ of Latter-Day
Saints when it fired several employees because they
failed to qualify for a ``temple recommend,'' i.e., a
certificate that they were Mormons who abided by the
Church's standards in such matters as regular church
attendance, tithing, and abstinence from coffee, tea,
alcohol, and tobacco (Corporation of the Presiding
Bishop of the Church of Jesus Christ of Latter Day
Saints v. Amos, 483 U.S. 327 (1987));
a Christian school that fired a teacher for
having an affair with the father of three children at
the school and breaking up his marriage (Gosche v.
Calvert High School, 997 F.Supp. 867 (N.D. Ohio 1998),
aff'd mem, 181 F.3d 101 (6th Cir. 1999));
a Baptist university that barred a professor
from teaching at its divinity school because his
theological views differed from those of the dean
(Killinger v. Samford University), 113 F.3d 196 (11th
Cir. 1997));
number of Christian schools that fired
female teachers for having extramarital sex or
committing adultery (Boyd v. Harding Academy of
Memphis, Inc., 88 F.3d 410 (6th Cir. 1996) and Dolter
v. Wahlert High School, 483 F.Supp 266 (N.D. Iowa
1980);
a Christian college that refused to hire a
Jewish professor (Siegel v. Truett-McConnell College,
Inc., 13 F.Supp.2d 1335 (N.D. Ga. 1994), aff'd mem., 73
F.3d 1108 (11th Cir. 1995));
a Catholic school for firing a teacher who
remarried without seeking an annulment of her first
marriage in accord with Catholic doctrine (Little v.
Wuerl, 929 F.2d 944 (3d Cir. 1991));
a Catholic university that refused to hire a
female professor because her views on abortion were not
in accord with Catholic teaching (Maguire v. Marquette
University, 814 F.2d 1213 (7th Cir. 1987));
a Baptist nursing school that fired a
student services specialist after she was ordained a
minister in a gay and lesbian church that advocated
views on homosexuality ``which were inconsistent with
the [school's] perception of its purpose and mission''
(Hall v. Baptist Memorial Health Care Corporation, 27
F.Supp.2d 1029, 1038-39 (W.D. Tenn. 1998));
a Presbyterian college for dismissing a
Catholic professor (Wirth v. College of the Ozarks, 26
F.Supp.2d 1185 (W.D. Mo. 1998));
a Christian retirement home that fired a
Muslim receptionist after she insisted on wearing a
head covering as required by her faith (EEOC v.
Presbyterian Ministries, Inc., 788 F.Supp. 1154 (W.D.
Wash. 1992));
the Christian Science Monitor when it
refused to hire a non-Christian Scientist (Feldstein v.
Christian Science Monitor, 555 F.Supp. 974 (D. Mass.
1983)); and
a Catholic school when it fired a teacher
for marrying a divorced man (Bishop Leonard Regional
Catholic School v. Unemployment Compensation Board of
Review, 140 Pa.Cmwlth. 428, 593 A.2d 28 (1991));
Third, the language in the second provision allowing
religious providers to ``require that * * * employees adhere to
rules forbidding the use drugs or alcohol'' potentially has an
application broader than the discrimination permitted by the
Title VII provision. Rules forbidding the use of drugs and
alcohol are an integral part of some religious faiths and in
those cases would be legitimate grounds for discrimination
under both the tenets and teachings language and the exemption
based on Title VII. But not all faiths forbid the use of drugs
or alcohol, and in some religions such use is even part of the
rituals of the faith. For those faiths the discrimination
authorized by the foregoing language would not duplicate either
the tenets and teachings language or the exemption based on
Title VII. Such organizations could discriminate not only on
the basis of the religious character of their employees or
applicants for employment but also on the basis of their use of
drugs or alcohol. To that extent, then, the second employment
discrimination provision is slightly broader than the first.
Finally, under both provisions there may be some question
about their interplay with other nondiscrimination provisions.
Title VII, for instance, allows religious organizations to
discriminate on religious grounds but not on grounds of race,
color, sex, or national origin. What happens, then, when
religious doctrine mandates discrimination that may also
implicate the other prohibited bases for discrimination? A
number of cases, for example, have involved the legality of
Christian schools firing unmarried female teachers after they
became pregnant. At least two courts have said that the Title
VII exemption would allow the schools to dismiss a female
teacher for adultery under these circumstances but that a
dismissal simply for pregnancy would raise a possibility of
prohibited sex discrimination.\2\ Similarly, Title VII's ban on
sex discrimination was held to apply to a Christian school's
policy of extending health insurance benefits to men and single
persons that were not available to married women in its employ,
notwithstanding the school's contention that its religious
beliefs regarded husbands as the head of the household in any
marriage and as the primary provider for that household.\3\
---------------------------------------------------------------------------
\2\ See Vigars v. Valley Christian Center of Dublin, California,
805 F. Supp. 802 (N.D. Cal. 1992) and Ganzy v. Allen Christian School,
995 F.Supp. 340 (E.D. N.Y. 1998).
\3\ EEOC v. Fremont Christian School, 781 F.2d 1362 (9th Cir.
1986).
---------------------------------------------------------------------------
Although there does not appear to be any dispositive case
law, some question may also exist if an organization whose
religious tenets mandate racial separation or differential
treatment on the basis of race discriminates on racial grounds
in its employment practices. One case involving a charge of
racial discrimination by a religious institution violative of
Title VII, at least, held that ``if a religious institution * *
* presents convincing evidence that the challenged employment
practice resulted from discrimination on the basis of religion,
Sec. 702 deprives the EEOC of jurisdiction to investigate
further to determine whether the religious discrimination was a
pretext for some other form of discrimination.'' \4\ In the
context of a program that receives public funds, of course,
racial discrimination is constitutionally dubious even if it is
motivated by religious belief.\5\
---------------------------------------------------------------------------
\4\ EEOC v. Mississippi College, 626 F.2d 477 (1980), cert denied,
453 U.S. 912 (1981).
\5\ Cf. Bob Jones University v. United States, 461 U.S. 574 (1983)
(holding in part that the federal government has an interest in
eliminating racial segregation sufficiently compelling to override the
university's claim that its policies of racial discrimination are
protected by the free exercise of religion clause).
---------------------------------------------------------------------------
Similar questions would seem to be raised by either of the
employment discrimination provisions.
constitutional standards governing public aid to religious
organizations
With respect to public aid provided directly to a religious
organization if the form of a grant or contract, a basic tenet
of the Supreme Court's interpretation of the establishment of
religion clause of the First Amendment \6\ is that the clause
``absolutely prohibit[s] government-financed or government-
sponsored indoctrination into the beliefs of a particular
religious faith.'' \7\ Thus, the Court has held that such
public assistance must be limited to aid that is ``secular,
neutral, and nonideological. * * * '' \8\ That is, under the
establishment clause government can provide direct support to
secular programs and services sponsored or provided by
religious entities but it cannot directly subsidize such
organizations' religious activities or proselytizing.\9\ Direct
assistance must be limited to secular use.
---------------------------------------------------------------------------
\6\ The clause provides in pertinent part that `'Congress shall
make no law respecting an establishment of religion * * *.''
\7\ Grand Rapids School District v. Ball, 473 U.S. 373, 385 (1985).
\8\ Committee for Public Education v. Nyquist, 413 U.S. 756, 780
(1973).
\9\ In most of the cases involving aid to religious institutions,
the Court has used what is known as the Lemon test to determine whether
a particular aid program violates the establishment clause: ``First,
the statute must have a secular legislative purpose; second, its
principal or primary effect must be one that neither advances nor
inhibits religion * * *; finally, the statute must not foster ``an
excessive entanglement with religion.'' Lemon v. Kurtzman, 403 U.S.
602, 612-13 (1971).
The secular purpose prong of this test has rarely posed an obstacle
to public aid programs benefiting sectarian entities, but the primary
effect and entanglement prongs have operated, in Chief Justice
Rehnquist's term, as a `'Catch-22'' for such programs. That is, under
the primary effect test a direct aid program benefiting religious
organizations but not limited to secular use has generally been held
unconstitutional because the aid can be used for the organizations'
religious activities and proselytizing. But if a program is limited to
secular use, it has often still foundered on the entanglement test
because the government's monitoring of the secular use restriction has
intruded it too much into the affairs of the religious organizations.
See Lemon v. Kurtzman, supra. The Court has for some time been sharply
divided on the utility and applicability of the tripartite test and
particularly of the entanglement prong. Nonetheless, the Court still
uses the Lemon test, although it is no longer the exclusive test for
establishment clause cases. Moreover, in Agostini v. Felton, 521 U.S.
203 (1997) the Court eliminated excessive entanglement as a separate
element of the tripartite Lemon test and held it to be part of the
inquiry into primary effect. As reformulated, the entanglement inquiry
now asks whether government monitoring of a program would have the
effect of inhibiting religion.
---------------------------------------------------------------------------
Thus, religious organizations are not automatically
disqualified from participating in publicly funded programs,
and numerous religious organizations do so. But they must carry
out the programs in a secular manner. That means that for
purposes of direct public aid a religious organization's
secular functions and activities must be able to be separated
from its religious functions and activities. If they are
separable, government can directly subsidize those functions.
However, if the entity is so permeated by a religious purpose
and character that its secular functions and religious
functions are ``inextricably intertwined,'' i.e., if the entity
is ``pervasively sectarian,'' the Court has held the
establishment clause generally to forbid direct public
assistance.\10\
---------------------------------------------------------------------------
\10\ Commitee for Public Education v. Nyquist, supra; Lemon v.
Kurtzman, supra; Bowen v. Kendrick, supra.
---------------------------------------------------------------------------
The Court has not articulated precise rules for determining
what makes a religious organization ``pervasively sectarian.''
It has looked at such factors as the proximity of the
organization in question to a sponsoring church; the presence
of religious symbols and paintings on the premises; formal
church or denominational control over the organization; whether
a religious criterion is applied in the hiring of employees or
in the selection of trustees or, in the case of a school, to
the admission of students; statements in the organization's
charter or other publications that its purpose is the
propagation and promotion of religious faith; whether the
organization engages in religious services or other religious
activities; its devotion, in the case of schools, to academic
freedom; etc.\11\ But the Court has also made clear that ``it
is not enough to show that the recipient of a * * * grant is
affiliated with a religious institution or that it is
`religiously inspired.' '' \12\ Indeed, none of these factors,
by itself, has been held sufficient to make an institution
pervasively sectarian and therefore ineligible for direct
aid.\13\ Such a finding has always rested on a combination of
factors.
---------------------------------------------------------------------------
\11\ See, e.g., Bradfield v. Roberts, 175 U.S. 291 (1899); Lemon v.
Kurtzman, supra; Tilton v. Richardson, 403 U.S. 672 (1971); Committee
for Public Education v. Nyquist, supra; Meek v. Pittenger, 421 U.S. 349
(1975); Roemer v. Maryland Board of Public Works, 426 U.S. 736 (1976);
and Bown v. Kendrick, 487 U.S. 589 (1988).
\12\ Bowen v. Kendrick, supra, at 621.
\13\ For helpful lower federal court discussions of the criteria
bearing on whether an institution is pervasively sectarian or not, see
Minnesota Federation of Teachers v. Nelson, 740 F.Supp. 694 (D. Minn.
1990) and Columbia Union College v. Clark, 159 F.3d 151 (4th Cir.
1998), cert. denied, 119 S.Ct. 2357 (1999).
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As a practical matter the Court has generally found
religious elementary and secondary schools to be pervasively
sectarian. In contrast, it has generally held religiously
affiliated hospitals, social welfare agencies, and colleges not
to be pervasively sectarian. But in its most recent decision
involving public aid to religious social welfare agencies, the
Court held open the possibility that some agencies might be
pervasively sectarian.\14\
---------------------------------------------------------------------------
\14\ Id.
---------------------------------------------------------------------------
Thus, the secular use limitation on direct public aid under
the establishment clause has two dimensions. The aid cannot be
used for religious purposes, nor can it flow to institutions
that are pervasively sectarian. As the Court summarized in Hunt
v. McNair: \15\
---------------------------------------------------------------------------
\15\ 413 U.S. 734, 743 (1973).
Aid normally may be thought to have a primary effect
of advancing religion when it flows to an institution
in which religion is so pervasive that a substantial
portion of its functions are subsumed in the religious
mission or when it funds a specifically religious
---------------------------------------------------------------------------
activity in an otherwise substantially secular setting.
I hope the foregoing is responsive to your request. If we
may be of additional assistance, please call on us.
MINORITY VIEWS
introduction
H.R. 4141 is a highly partisan piece of legislation,
designed to please the most extreme elements of the Majority
party. Rather than working to pass legislation to enhance
public education, it is clear that the Majority has decided to
play politics with American's school children. The Majority
refused to include any Democratic members while drafting H.R.
4141, despite our repeated requests to work in a bipartisan
manner. During consideration of the bill, the Majority defeated
52 of 54 of our amendments voted on, further confirming that
they're not serious about passing a bipartisan education bill.
H.R. 4141 ignores virtually every education priority
supported by the public, including reducing class sizes,
modernizing our public schools, improving teacher quality,
improving technology in the classroom, and protecting our
children from violence in the classroom. The Clinton Class Size
Program, which will shortly begin its second year of funding,
is helping thousands of communities reduce class sizes,
especially in the early grades. H.R. 4141 repeals the class
size program by creating a large block grant, that pits one
program against another, without any accountability.
In addition to undermining effective programs that help
reduce class sizes in the early grades. H.R. 4141 torpedoes
critical after-school and summer extended learning programs
that boost test scores and reduce crime. It repeals efforts to
keep drugs out of the schools. It repeals programs that work to
prevent hate crimes, and repeals the protections of civil
rights laws that prohibit discrimination in hiring when federal
funds are involved. The Republican bill also fails to address
the growing digital divide in our classrooms, leaving millions
of minority children and their teachers without access to
computer technology.
We will work to defeat this deeply flawed bill, and
continue the fight for legislation that will address crumbling
and overcrowded schools, reduce class sizes, invest in after-
school and summer programs, prevent school drug use and
violence, close the digital divide, and recruit and retain
highly qualified teachers.
h.r. 4141 repeals critical after-school and summer extended learning
programs
H.R. 4141 eliminates the 21st Century Community Learning
Centers program. Throughout our nation's communities, parents
and teachers are advocating additional educational, social and
recreational opportunities for our school children. Such calls
come as neighborhoods try to reduce crime, enrich the lives of
their citizens, and most importantly provide meaningful
extended learning time opportunities for their children.
The current 21st Century program has acted as a blueprint
for many communities to meet these needs, especially in the
area of extended learning time programs, before-and-after-
school, and on weekends. Programs are presently in place in 49
States, the District of Columbia, and the U.S. Virgin Islands
serving approximately 500,000 children and 250,000 adults.
A recent hearing by the Committee provides an example of
local opposition to the block granting of this program. On
April 20, 2000, the Committee held a hearing in Lexington,
Kentucky, to example the impact that Federal education programs
have on academic achievement. The Minority was denied an
opportunity to select a witness to provide testimony at this
hearing. Even with this unbalanced panel, the witness invited
by the Majority to speak on the 21st Century Community Learning
Centers program, Ms. Patrice Jones, Community Education
Coordinator, Jessamie County Schools, expressly opposed the
block granting of the 21st Century program with the Safe and
Drug Free Schools program. Ms. Jones said ``I am concerned that
the program goals and legislative intent will be lost or
diluted if the 21st CCLC program is combined with another
program * * *'' \1\
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\1\ Hearing on ``Academic Achievement for All'', Committee on
Education and the Workforce, April 20, 2000, Lexington, Kentucky. The
proposal to block grant the 21st Century program is also opposed by a
number of education groups, including the National PTA.
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The Clinton Administration adamantly opposes the repeal of
the 21st Century Community Learning Centers program, a position
expressed in a letter by Secretary Riley to Chairman Goodling
on the bill:
I strongly object to H.R. 4141's elimination of the
current after-school program by block-granting the 21st
Century Community Learning Centers Program with the
Safe and Drug-Free Schools State Grant Program. The
ESEA should, like current law, continue to provide a
dedicated funding stream for before-and after-school
programs that focus on providing extended learning
opportunities for children in a safe environment, as
well as providing additional services that address the
needs of the community at large. * * * The Congress
should expand this effective program, not eliminate
it.\2\
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\2\ April 5, 2000 letter to Chairman William F. Goodling from
Secretary of Education, Richard Riley.
The 21st Century Community Learning Centers was first
enacted as a demonstration program in the 1994 reauthorization
of ESEA with strong bipartisan support. It has experienced
sizable increases in annual appropriations from $750,000 in
fiscal year 1995, to $454 million in fiscal year 2000. In
addition, President Clinton has proposed $1 billion for this
program in fiscal year 2001. Despite these increases,
applications to Department for assistance continue to outpace
funding levels. In fiscal year 2000 alone, the Department of
Education has received 2,100 requests for funding, yet only
anticipates being able to fund 350 to 400 new grants--or less
than 20%
Further magnifying the demand for these services, a recent
survey by the Charles Stewart Mott Foundation and JCPenny found
that 92 percent of voters say there should be some type of
organized activity or place for children and teens to go after-
school each day.\3\ Eighty-six percent of voters also said that
after-school programs are a necessity.\4\ Agreement on the
importance of after-school programs even crosses partisan line
with 94 percent of Democrats, 93 percent of Independents, and
89 percent of Republicans supporting organized after-school
activities.\5\
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\3\ 1999 Mott Foundation/JCPenny Nationwide Survey on After-School
Programs.
\4\ Ibid.
\5\ Ibid.
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Representatives McCarthy and Kildee offered an amendment
during committee markup to maintain and enhance this vital
program. This amendment would build upon the existing 21st
Century Community Learning Centers program by maintaining its
separate identity, strengthening the program's focus on quality
after-school programs that used qualified staff and research-
based approaches to teaching and learning, and demanding
measurable outcomes for families and children. Unfortunately,
the amendment was defeated by a 21 to 25 vote.
The repeal of the 21st Century Community Learning Centers
ignores the pressing need for these programs and would destroy
a program that has overwhelming support among parents, teachers
and community leaders. We believe that this block grant
approach of combining this program with others will rob the
program of its focus, accountability, and future funding.
The New Republican Spin on Block Grants--Transferability
H.R. 4141 contains an open-ended ``transferability''
authority, which in practice would operate like other
Republican proposals to block grant federal funds to the
states. Programs to which ``transferability'' is applicable
include:
Class Size Reduction
Comprehensive School Reform
Eisenhower Professional Development (Title
II of ESEA)
Technology programs (Title III of ESEA)
Safe and Drug Free Schools (Title IV of ESEA
and 21st Century Community Learning Centers--the
Republican bill assumes a block granting of SDFS and
21st Century making both funding streams available.)
Innovative Educational Strategies program
(Title VI of ESEA)
Emergency Immigrant Education (Title 7, Part
C of ESEA)
Ostensibly, this provision would allow school districts
more flexibility by allowing them to transfer up to 35 percent
of funds appropriated by Congress for one purpose, for an
entirely different purpose. In practice, this provision would
grant Governors unprecedented new authority to control and
direct billions in federal funds, with little accountability or
oversight. Nothing in H.R. 4141 prevents states from dictating
to local school districts how federal funds should be allocated
among the different use of funds. In fact, the legislation
expressly gives states final authority on all local transfers
above 35%.
The bill establishes a sham ``state approval'' process for
transferability. State approval is not required to be
documented in writing and there is no meaningful criteria upon
which a State would judge whether to approve a transfer of
funds. School districts are not even required to provide a
rationale for their desire to transfer funds.
The lack of focus and accountability of this open-ended
block grant would destabilize programs and make it impossible
to evaluate their effectiveness. In addition, transferability
would leave Federal funds for children with special needs at
risk; parents of such students frequently lack local political
clout to convince local leaders to fund their needs. We should
ensure federal funds go to those most in need, and avoid
strategies that simply pit one group of parents against
another.
The Clinton Administration expressed strong opposition to
transferability in the letter Secretary Riley sent to Chairman
Goodling on the bill:
I strongly object to the bill's inclusion of proposed
section 14206 of ESEA, which embodies the block-grant
approach to Federal education programs that the
President and I have repeatedly opposed * * *. I find
the lack of accountability for results and the
disregard for national priorities under the
transferability provisions particularly disturbing.
States and districts would have free rein to shift
funds between programs that serve important national
goals, without any attention to whether such
reprogramming would be in the interest of students of
schools affected. It is unconscionable to allow a
school district to gut the programs that strengthen
teacher quality, reduce class size, increase access to
technology, and ensure that schools are safe and drug-
free, in favor of unfocused block grants * * * this
proposal goes will beyond what is appropriate or
acceptable, by providing unchecked flexibility in
return for no accountability.\6\
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\6\ April 5, 2000 letter to Chairman William F. Goodling from
Secretary of Education, Richard Riley.
Our concerns on this issue are further reinforced by 30
education organizations who signed a letter in opposition to
---------------------------------------------------------------------------
transferability. In this letter, they said:
* * * we believe transferability lacks any real
accountability for use of funds, fails to ensure that
funds will be used to improve student achievement for
all students, dilutes targeting of funds to schools
with the greatest needs, undermines critical teacher
quality standards, fails to require any input from
parents, teachers, and the public, and undermines the
federal role in setting national priorities. We urge
you to drop this unnecessary and harmful provision from
the bill.\7\
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\7\ April 4, 2000 letter from 30 education organizations to
Education and the Workforce Committee Members (see attached).
At a time when schools are struggling to recruit and retain
high quality teachers, we should not allow funds to be drained
out of critical teacher quality programs. At a time when we
have a national school safety problem, we should not allow for
the transfer of funds out of our school safety programs. At a
time when the ``digital divide'' separates the technology
have's from the technology have not's, we should not allow for
the transfer of funds out of our technology programs. This
proposal seeks to blur the lines between program authority,
changing ESEA into one fungible pot of block granted Federal
dollars, with no emphasis on educational quality and
accountably.
Failure to Address Much-Needed Modernization of Our Public Schools
The Republican legislation completely ignores the
overwhelming need to renovate and rebuild our nation's public
schools. President Clinton, as a part of his State of the Union
address in January 2000, proposed a supplemental school
modernization proposal, in addition to the existing measures
introduced by Representative Rangel (H.R. 1660), and
Representatives Rangel and Johnson (H.R. 4904). While H.R. 1660
and H.R. 4904 provide a tax-based approach to school
construction, Representative William L. Clay's Public School
Repair and Renovation Act of 2000 (H.R. 3705), authorizes $1.3
billion in loans and grants to schools. It is designed to
leverage up to $7 billion in funding for 8,300 emergency school
renovation and repair projects.
In 1995, the GAO found that were $112 billion in unmet
school construction needs. A recent survey by the National
Education Association, report over $300 billion in unmet
renovation needs.\8\ Clearly, this is a national problem that
will greatly impact upon our nation as a whole. Students can
not reach their potential in overcrowded, unsafe, or crumbling
schools.
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\8\ ``Modernizing Our Schools: What Will It Cost''? May 3, 2000.
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To address this important issue, Ranking Member Clay
offered an amendment identical to H.R. 3705, which is based
upon the President's $1.3 billion emergency school renovation
proposal. Unfortunately, Republican Members voted against this
proposal by a 19 to 23 vote.
Exacerbation of the Digital Divide and Ignoring the Educational Needs
of Girls
H.R. 4141 undermines efforts to close the ``digital
divide.'' The Republican ``Tech for Success'' proposal block
grants nearly all technology programs, reduces targeting of
technology resources to needy areas, places a mandate on local
school districts regarding Internet filtering, and ignores the
need to provide girls with access to high-tech educational and
employment opportunities.
First H.R. 4141 block grants nearly all technology programs
authorized under Title III of ESEA into one loosely defined and
unfocused fungible technology program. In addition, the bill
eliminates all authority for a State Educational Agency to
operate these programs, ensuring that the Governor of a State
will have complete control over educational technology funding.
Instead of infusing accountability for results and
identifying important separate needs, such as preservice
teacher technology preparation and innovative national
technology initiatives, the Republican proposal abandons any
effort to ensure technology programs integrate technology into
the curriculum of schools. Our nation's teachers should have
the knowledge and training to properly and successfully use
technology in the classroom.
The Republican proposal also exacerbates the ``digital
divide'' by reducing the targeting of Federal technology funds
to disadvantaged areas. Rather than targeting limited
technology dollars to State and school districts with pressing
needs, the bill reduces the focus on poverty in the State
formula. The bill's definition of ``high-need local educational
agency'' would allow practically any school district to be
eligible for funding. Under the legislation a ``high need local
educational agency'' is defined as a school district which must
meet only one of four different characteristics, such as high
poverty or limited access to advanced telecommunications
services. At a time when computer hardware and software
acquisition, coupled with access to the Internet, teacher
knowledge and training in technology, continue to separate and
divide some school districts from the technology revolution
which has defined our county, the Republican proposal
inexcusably worsens this growing problem.
H.R. 4141 also ignores existing successful local efforts to
keep children safe during their Internet usage by instituting a
new and confusing Federal mandate for filtering and blocking
software. All of us are concerned about children, especially
young children, accessing harmful material on the Internet.
However, we also recognize that schools, principals, and
teachers have been dealing with the issue of access to
objectionable content since the Internet became widely
accessible--many years before Congress' attempt to pass
legislation on this issue. Since this time, schools have
developed various local use policies that are designed to
prevent children from accessing harmful Internet-based material
based on local needs with local input.
Unfortunately, the Republican proposal would require school
districts to adopt costly and ineffective filtering and
blocking technology, or lose the ability to purchase computers
or pay the costs of Internet access the Federal Title III
funds. While some schools utilize filtering and blocking
software and techniques, these methods are far from infallible
and often can be overcome by the very children they are
designed to protect. Also, Internet sites without any
objectionable material can be blocked merely for mentioning a
word or phrase that may identify harmful material, preventing
access to important research tools. Lastly, and most
importantly for our schools, filtering or blocking technology
can often be costly and place a significant strain on a
school's technology budget.
We should not bust school budgets by requiring them to
implement what may or may not be effective means of protecting
our children from harmful materials on the Internet. Instead,
we should be assisting our schools to implement reasonable
policies based on local needs that effectively protect our
children while sustaining their ability to use the Internet for
educational and enriching experiences.
Representatives Kind, Fattah, Owens, Hinojosa, and Wu
offered various amendments to correct the deficiencies in the
technology title. Representative Kind offered an amendment to
reauthorize the Technology Literacy Challenge Fund, the largest
technology-only program currently in ESEA. Representative
Fattah offered an amendment to authorize a program to
restructure teacher-training programs to include a technology
focus. This proposal was similar to the Preparing Tomorrow's
Teachers to use Technology Program initiative that was included
in the Administration's ESEA reauthorization proposal.
Representative Owens offered an amendment to increase the
technology resources of school libraries. Representative
Hinojosa offered an amendment to statutorily authorize the
existing Community Technology Centers, a program which provides
technology access and resources to disadvantaged communities.
Representative Wu offered an amendment to authorize the Next
Generation Innovation Grants, a national technology grant
program designed to develop innovative educational applications
of technology. The Next Generation program replaces and builds
upon the success of both the Star Schools and Technology
Innovation Challenge Grants in current law by focusing
assistance to partnerships of high-need school districts and
institutions of higher education to better integrate technology
into the curriculum and everyday instructional practices of
teachers. These amendments were defeated on party line votes.
Lastly, the Republican proposal ignores another pressing
need in our country--the access and exposure of girls to
education and career oppotunties in the fields of technology,
mathematics, science and engineering. The facts surrounding
this situation speak for themselves. Women compromise slightly
over 50 percent of America's population, but earn only 37
percent of math degrees, only 8 percent of doctorates in
physics, and only 7 percent of degrees awarded in the field of
engineering. Also, only 2 percent of female students report
they have taken a computer application course. Clearly, we are
not doing the best we can to expose our girls to high-tech
opportunities.
Unfortunately, the Republican bill ignores this issue.
Representative Woolsey offered an amendment to address this
issue during Committee markup. The amendment was modeled after
Ms. Woolsey's bill, H.R. 2387, which has bipartisan
cosponsorship, and the support of high-tech, Fortune 500
companies such as Apple Computer, Compaq, Hewlett-Packard,
Intel, Microsoft, and Motorola. In a letter to Ranking Member
Clay, these corporations said:
* * * we are writing to express our strong support for
H.R. 2387 * * * We support proposals that encourage
young girls to be exposed to role models and develop an
interest and self-confidence in mathematics and science
as numerous empirical studies have suggested that girls
tend to develop negative attitudes towards the ``hard
sciences'' in middle school.\9\
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\9\ September 24, 1999 letter from High-tech firms to Ranking
Member William L. Clay.
Similar to H.R. 2387, the amendment would establish the
``Getting Our Girls Ready for the 21st Century Act (Go-Girl).''
This program would assist school districts and schools in
exposing girls to educational and employment opportunities in
the fields of mathematics, science, technology, and
engineering. Majority Committee Members rejected a bipartisan
solution to this shortcoming by defeating an amendment by a 21
to 22 vote.
Harming Efforts to Make Schools Safe and Drug-Free
The Republican bill would also severely damage efforts by
schools, teachers and parents to keep their schools and
communities safe and drug-free. Republicans, in their efforts
to reauthorize the Safe and Drug-Free Schools Program, have
reduced funding to school districts with the highest need for
drug and violence prevention funding and maintained ineffective
funding levels; giving the Governor greater control over school
safety programs rather than focusing on proven, research-based
solutions; and focused more on punishment rather than
prevention of drug abuse and school violence.
Presently, funding provided through the Safe and Drug-Free
Schools Program is allocated to school districts based on two
formulas. First, 70 percent of funds reserved for school
districts under the program are allocated based on the number
of students enrolled in each school district. Second, 30
percent of funds reserved for school districts under the
program are allocated on an incidence of ``high-need'' and may
only be allocated among 10 percent or 5 school districts in a
State, whichever is greater. The statute lists several
categories of high-need, such as high poverty, large numbers of
suspensions and expulsions, and significant school violence.
States select an indicator of high-need upon which to target
funding. While the portion of the 70 percent allocation that
each school district receives provides a base amount for each
school district, those school districts which receive funding
under the 30 percent allocation ensure that, overall, program
funds are targeted based on need. Unfortunately, the Republican
bill repeals the 30 percent allocation under current law and
distributes all funding based on student enrollment--
drastically reducing the funding to those school districts
which need it the most.
Coupled with the requirement in current law to target
funding to needy school districts is the lack of any minimum
grant requirements. There has been much criticism that the
small amount which some school districts receive under the Safe
and Drug-Free Schools Program, some as little as $6 to $8 per
year, is not enough to successfully operate a quality, results-
oriented school safety program. While the Democratic Amendment
in Nature of a Substitute offered by Representative Kildee
required school districts to meet a $5,000 minimum grant to
receive funding under this program, or form a consortium, the
Republican legislation does not address this important issue,
leaving many school districts to continue to receive
ineffective amounts of resources. This results in low-quality,
poor performing programs that do not produce the results our
schools and communities need.
As with the Technology portion of this legislation, the
Republican bill eliminates the requirement for the State
Educational Agency to administer the program funds not reserved
for the Governor. Under current law, a Governor receives 20
percent of a State's allocation, while a State Educational
Agency and its school districts receive the remaining 80
percent. This legislation eliminates all references to ``State
Educational Agency'' and assumes complete control of this
funding by the Governors--individuals who do not have the
educational expertise or knowledge to properly administer
programs combating drug use and violence in our schools. This
is yet another example of the startling lack of concern that
the Republican bill displays for accountability and results for
this important program.
The Republican bill focuses strongly on punishment of
children, rather than preventing harmful situations and abuse
before it happens. Study after study confirms what most
educators have known for a long time--resources should be
targeted on prevention of violence and drug abuse, not efforts
after such incidences have occurred. It takes far less
resources to prevent children from engaging in harmful behavior
or acting violently than to deal with the aftermath of a
serious situation. The Republican bill fails in this area.
Several amendments were offered by Democratic Members to
address these issues and others related to school safety.
Representative Andrews offered an amendment which was approved,
to ban cigarette vending machines from school buildings, school
grounds, or at school-sponsored events. Representative Mink
offered amendments that would establish a program to train and
hire 100,000 school counselors and reinstate and enhance the
provisions in the Safe and Drug-Free Schools Program dealing
with sexual harassment. Representative Tierney offered an
amendment that would create a program encouraging the use of
research based programs under the Safe and Drug-Free Schools
Program. With the exception of the Andrews Amendment, which was
approved unanimously by the Committee, these amendments were
defeated on party-line votes.
Student Privacy
Representative Miller successfully offered an important
amendment that will enhance and protect the privacy of
information on children from commercial use and exploitation.
Specifically, this amendment, which was approved by the
Committee on a 26-20 vote, would require that parents give
their written consent before schools allow companies into
classrooms to collect information on their children,
essentially putting research done for commercial purposes on
par with that done for academic purposes. This will help
safeguard student privacy and protect the parent-child
relationship.
The amendment, supported by a broad spectrum of groups
including the National PTA, Consumers Union and Eagle Forum,
was offered in response to a rising number of commercial
contracts with public schools which involved divulging
information about students. For example, companies have used
students to taste breakfast cereals and answer a survey about
the products, and fill out a personal journal on what
television shows they watch. Another company provides schools
with free computers but then monitors students' web browsing
habits, breaking the data down by age, sex and zip code. This
company has the potential to break the data down by individual
as well.
The amendment is narrowly targeted and would not impact
college recruiting, testing or other educational activities. It
allows students to give out information necessary to buy, for
example, books and magazines, so long as the information is not
used to advertise, sell, or develop another product. The
amendment does not seek to make a value judgement about
commercial activities in schools and deny resources to the many
schools that are strapped for cash. Rather, the goal of the
amendment is to protect parents and students and encourage an
informed decision regarding the costs and benefits of these
arrangements.
We are confident that there is broad public support for
retaining the amendment and hope that no action is taken to
undermine the majority position during House Floor
consideration and Conference Committee action on this
legislation.
Elimination of Efforts to Reduce Hatred and Intolerance in our Schools
H.R. 4141 repeals provisions of ESEA that help prevent hate
crimes. Congress recognized the national importance of helping
local schools deal with hate and bias crime in their
communities when it reauthorized ESEA in 1994. This repeal
demonstrates a shameful ignorance of race relations; \10\ and
it aids and abets those who live to preach hatred and violence.
During the markup, Congressman Robert Scott offered an
amendment to restore current law authorizes the Department of
Education to give grants to localities affected by hate crime
to develop educational and training programs designed to reduce
hate crimes in schools. Current law also provides professional
training and development for teachers and administrators on the
causes, effects and resolution of hate crimes. The Scott
Amendment was defeated by a strict party line vote of 24 to 23.
---------------------------------------------------------------------------
\10\ Following are just a few examples, gathered mostly from news
reports of recent hate crimes perpetrated by-and mostly against--youth:
October 31, 1999 Iverness, Florida.--After shouting anti gay
epithets, a teenager allegedly drove into a group of young people
dressed in drag on Halloween night, killing a 17-year-old female and
injuring another person. The 17-year-old driver and his 16-year-old
friend, drove past the cross-dressed group several times shouting
``faggots'' at the boys in the group before steering the car into the
group of teens. The perpetrators fled the scene but were apprehended 50
miles north of the incident. On November 19, the teenager driver was
indicted on six counts, including first degree murder.
November 23, 1999, Elkhart, Indiana.--Two white teenagers were
charged with murder in what prosecutors say was the racially motivated
random shooting of a black teenager. One of the whites allegedly told
friends that he hoped the killing would win a membership for him in the
Aryan Brotherhood, a white supremacist prison gang, and the right to
wear its spider-web tattoo. The tattoo symbolizes that a member has
killed a person of a minority race had is considered by some skinheads
to be a badge of honor.
---------------------------------------------------------------------------
We find it appalling that the Majority would put hate crime
prevention and tolerance on its hit list. It is a dishonor to
the memories of the victims and families of hate crimes to
repeal hate crime prevention programs.
Rejection of Common-Sense Gun Safety Provisions
Nearly one year after bloody Columbine,\11\ the most
shocking example ever of schoolyard violence, the Republican
Majority steadfastly refuses to enact meaningful gun
legislation to protect school children. The Columbine event
capped a 27-month cluster of random schoolyard shootings in
which 32 children died and 82 were wounded. Moreover several
days before the ESEA markup a 6 year old Michigan boy shot and
killed his classmate.
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\11\ On April 20, 1999, two heavily armed teenagers walked into
Columbine High School in Littleton, Colorado, and shot to death 12
students and a teacher, wounded 23 others and killed themselves.
---------------------------------------------------------------------------
We can no longer hide behind the rhetoric that schools are
safe havens. It is true that gun-related violence in schools is
statistically a rare event. However, a recent Department of
Justice survey indicated that 12.7% of students age 12 to 19
reported knowing a student who brought a firearm to school.
Unlike the Republican Majority, we are willing to accept
the challenge and protect our children against preventable gun-
related violence. The Republican leadership continues to block
action on a juvenile crime bill.\12\ During the markup,
Representatives McCarthy and Wu offered an amendment to
eliminate the gun show loophole \13\ and require all new guns
to be sold with child safety locks. The amendment offered
parents, teachers and the administrators an additional
opportunity to make our schools safer.
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\12\ During the 1st Session of the 106th Congress, the Senate
passed the Violent and Repeat Juvenile Offender Accountability Act of
1999 (S. 254). Proposals in the Senate bill would require background
checks at gun shows; require handgun safety locks, and increase
controls on assault weapons. The Senate amended the House-passed
Juvenile Reform Act (H.R. 1501) with the text of S. 254. However, it
remains an open question whether conferees will resume consideration of
H.R. 1501 in the 2nd Session of the 106th Congress.
\13\ Under current law, instant background checks are only required
for firearm transfers made by federal firearm licensees. Non-licensed
vendors, that is, private citizens who are not ``engaged in the
business,'' are not required to initiate an instant background check.
Consequently, persons prohibited from possessing a firearm could bypass
the instant background check system by buying a firearm from a private
citizen at a gun show.
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Unfortunately, Committee Republicans used a parliamentary
maneuver to avoid a direct vote on the McCarthy amendment. It
is not surprising that the Republican Majority would scuttle
efforts to have a real debate on gun violence, not to mention
real action. What is surprising, however, is that despite the
escalating gun violence in our schools, and the strong show of
public support, \14\ the Republican Majority has remained
remarkably inactive on this issue. We continue to hope that the
Republican Majority will negotiate with us sensible gun
legislation that protects children in schools and communities.
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\14\ Public policy poll show that 70 percent of adults nationwide
(57 percent among gun owners) favor stricter gun controls laws. Source:
Taylor H. The Harris Poll, #25, May 1998.
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Rejection of Increased Funding for Research-based Literacy Program
In furthering the bipartisan effort to eliminate illiteracy
and ensure that every child can read by the end of 3rd grade.
Representative Kildee offered an amendment to increase the
authorization for the Reading Excellence Act of $5 billion over
the next five years. Unfortunately, Committee Republicans
defeated this amendment on a party-line vote.
Several weeks ago, Republican Presidential Candidate George
W. Bush proposed $5 billion dollars in funding for the Reading
Excellence Act--the bipartisan program enacted into law last
Congress which had its genesis in the America Reads legislation
proposed by President Clinton. This adoption of a Democratic
priority, and large additions in funding for a top flight
reading program is a much welcome addition to Governor Bush's
traditional Republican message of vouchers and block grants.
Our efforts to enact the Reading Excellence Act started
with President Clinton's America Reads Proposal in 1997. The
introduction of this important initiative spurred this
Committee to action. The result of nearly a year of debate and
hard work by this Committee culminated with the enactment of
the Reading Excellence Act as part of the FY 1999
Appropriations legislation. This program has been warmly
received throughout our nation and is a hallmark of Democratic
priorities and Republican cooperation.
While Governor Bush, when announcing this program, called
his proposal a new initiative, we need to set the record
straight. This Committee and this Congress have already enacted
the proposal he describes through the Reading Excellence Act.
In addition, his call for aggressive increases in funding is
exactly what is needed to tackle the pressing problem of
illiteracy in our nation. Surprisingly, every Republican Member
of the Committee voted against this proposal, despite the
support for this type of proposal from Republican Presidential
candidate George W. Bush, ensuring the defeat of this
amendment.
H.R. 4141 Contains a Number of Divisive Social Issues
Lastly, the bill contains a number of divisive social
issues that do nothing to enhance student achievement or
safety, also unnecessarily adds further political and policy
complications by the addition of several provisions dealing
with divisive social issues. First, the Republican bill would
place the Department of Education in the middle of
constitutional debates on permissible school prayer. Presently
school districts that violate a court order dealing with school
prayer lose their ESEA funds. The Republican bill would
restructure this provision so that State Educational Agencies
and school districts would receive no funds under ESEA if they
have in place a policy that bars or effectively bars
Constitutionally permissible school prayer. This modification
would effectively make the Secretary of Education judge and
jury on what is and what is not constitutionally allowable
prayer in schools in determining whether a school district
should lose ESEA funding. This is an extremely unwise position
in which to place the Secretary of Education. Furthermore, this
provision is likely to increase litigation and confusion
surrounding the issue of school prayer.
The bill also permits a school district or school to use up
to 20 percent of its administrative funding provided under ESEA
for the payment of attorney's fees and related legal services
when a legal action is brought against a school district or
school for violating the constitutional prohibition against the
establishment of religion for permitting a student's religious
expression or activities related to a religious memorial. This
provision is a one-way street. You can use ESEA funding for
attorney's fees when being sued for allowing religious
expression, but not when you are being sued due to barring
religious expression. Whether ESEA funds should be used for
this purpose is a question which deserves further thought.
Additional Issues
The Republican bill also repeals Title XI of ESEA, the
Coordinated Services Program. This authority allows school
districts or schools to consolidate up to 5 percent of the
funding they receive under ESEA to operate comprehensive
social, health, and educational programs for children and their
families. Study after study continues to show that children who
are malnourished, in poor health, having family problems, or
other difficulties are not prepared to learn when they come to
school. The Coordinated Services Program, while not widely
utilized, has provided some school districts with the ability
to provide these additional, and much needed, services to their
children.
Representatives Woolsey and Kind offered an amendment to
address the repeal of Title XI during Committee markup. The
amendment would build upon the existing Coordinated Services
program in Title XI and allow public schools and their
communities to either reserve a portion of ESEA funds or apply
for a grant to operate Child opportunity Zone Family Centers or
COZs. COZs would provide children and their families with the
support, services and activities they need to improve their
education, health, safety and economic well-being.
Unfortunately, this amendment was defeated on a party-line
vote.
Additionally, the Republican bill is silent on the
reauthorization of the Comprehensive Regional Assistance
Centers in Title XIII of ESEA. These Centers, which were
created in the 1994 reauthorization of ESEA, are designed to
provide intensive technical assistance to school districts in
the implementation of ESEA programs and efforts to improve
academic achievement generally. The Centers are statutorily
required to specifically target technical assistance and
resources to disadvantaged school districts and those school
districts which large numbers of at-risk children.
Republican Members have claimed that the Committee will
consider reauthorization of the Title XIII Centers (the
Centers) and the Office of Educational Research and Improvement
(OERI) later this Congress. Unfortunately, the 106th Congress
has a very limited number of viable legislative days left this
session. Our concern is that Congress does not address
reauthorization of the Centers prior to adjournment. With
increasing demands being placed on our schools to increase
academic achievement, it is critical that we ensure that our
technical assistance resources are on solid footing.
To express our concern over the uncertain status of the
Centers and the OERI reauthorization, Representative Kind
offered an amendment to reauthorize the Centers and the
Eisenhower Regional Mathematics and Science Education
Consortia. Both of these programs are authorized and presently
funded under Title XIII. After receiving repeated reassurance
by Early Childhood, Youth and Families Subcommittee Chairman
Castle that the Committee will consider reauthorization of the
Centers in a separate OERI bill later this Congress,
Representative Kind withdrew his amendment.
Representative Hinojosa offered an amendment that would
have increased coordination and coherence of existing dropout
prevention activities by targeting minority and youths at risk
for dropping out of school. Although it was offered and
accepted in the Senate Health, Education, Labor and Pensions
Committee, Republicans rejected it out-of-hand, reinforcing our
belief that there is no true commitment on their part to
strengthen minority programs.
Democratic Substitute--Making New Investments in Education
Since the Majority refused to negotiate in a bipartisan
fashion on this legislation, we had no choice but to develop a
complete amendment in nature of a substitute. Representative
Kildee offered the amendment in a nature of a substitute which
represents our collective view points on reauthorization of the
programs covered by the Republican bill. The highlights of
Democratic Substitute follows:
Helping communities repair and modernize unsafe schoolhouses
Communities across the country are struggling to address
critical needs to build new schools and renovate existing ones.
One third of all public schools--about 25,000 schools--need
extensive repair or replacement. A recent survey documented
over $250 billion dollars of unmet school modernization funding
need.
The Safe and Successful Schools Act of 2000 authorizes $1.3
billion annually to help communities make emergency school
renovations such as repairing roofs, fixing dangerous
electrical wiring and plumbing, bringing schools into
compliance with fire safety codes, undertaking asbestos removal
or abatement, and removing lead-based paint. The Act will
support up to 8,300 renovation projects in high-poverty, high-
need school districts that have little or no capacity to fund
urgent repairs over the next five years.
Reducing Class Sizes/Smaller Schools
Research shows that class size reduction in the early
grades is one of the most direct and effective ways to boost
student academic achievement, especially among populations of
disadvantaged children. Smaller class sizes ensure that every
child receives personal attention, gets a solid foundation for
further learning, and learns to read independently by the end
of the third grade. The Safe and Successful Schools Act of 2000
continues the Clinton/Clay class size reduction program that is
helping communities hire and pay for 100,000 new, fully
qualified teachers.
The Act also reauthorizes the Small, Safe and Successful
High Schools program, which helps high schools to create
smaller, safer learning environments. Research has shown that
the size of a school and the number of its students greatly
impact children's ability to learn and the likelihood that
violence may occur.
Accountablilty for results
The bill requires schools reducing class sizes to hire only
fully qualified teachers. The bill strengthens ESEA technology
programs by focusing on the achievement of performance
indicators and the correlation between technology and improved
student achievement. The Act requires school safety and drug
abuse prevention programs to be based on sound research, and
strengthens reporting and eligibility criteria for the Title VI
program, increasing program accountability.
Providing safe after-school learning opportunities for students
Extended learning programs reduce juvenile crime by
providing a wide range of education, social, mentoring, and
counseling services to help improve student behavior, including
services relating to violence prevention and conflict
resolution. Recent research has demonstrated that extended
learning programs help improves student achievement in reading
and math, and reduce truancy and dropout rates.
The Safe and Successful Schools Act more than doubles our
investment to $1 billion, in the 21st Century Community
Learning Centers program. This program enables schools to stay
open longer, providing safer and educational after-school
opportunities for some 700,000 school age children in rural and
urban communities each year, and vital social health, and
educational services for their families.
Providing safe and drug free schools/keeping guns out of our schools
America's students cannot be expected to learn to high
standards if they are threatened by drugs and violence. There
is a high level of concern by parents and students about school
safety and violence caused in a part by the tragic shootings at
Columbine High School and other schools in the past two years.
The legislation will increase funding for the Safe and Drug
Free Schools Act, and enhance its accountability and
performance through the adoption of research-based programs. It
also authorizes the Secretary of Education to set aside $5
million annually to fund strong, community-based hate crime
prevention activities.
The bill requires school districts, with a history of
suspensions and expulsions for gun violence or possession, to
work with law enforcement agencies to promote the use of child
safety locks.
Lastly, the bill provides new, additional support for
school-based alternative education programs to address the
educational needs of students who are suspended or expelled
from school. This authority will increase the safety of both
our schools and communities by ensuring that discipline and
violence problems leading to suspensions and expulsions do not
spill over into the community.
Recruiting and maintaining high quality teachers
The Safe and Successful Schools Act of 2000 requires all
teachers to become certified or fully licensed, and have
knowledge of the subjects they teach. The bill creates a
``Parent Right to Know'' requirement to ensure that parents are
made aware of the professional qualifications and expertise of
their children's teacher. It also includes a provision
requiring that parents be notified when their child is being
taught by an underqualified or substitute teacher for more than
two consecutive weeks.
It also authorizes $50 million to help high-poverty school
districts attract and retain teachers and principals through
better pay. To become eligible, schools would have to undertake
rigorous peer review of every teacher, improve systems to
remove low-performing teachers, and provide intensive support
to give the opportunity for all teachers to succeed.
Expanding access to education technology/closing the digital divide
Technology in the schools can substantially improve student
learning, classroom management, the professional development of
teachers, and assessment of student progress. Most importantly,
strong school technology programs report significant impact on
gains in student achievement in reading, writing, and
mathematics. Technology has its greatest impact with low-income
and rural students as well as with expanding opportunities for
girls. Unfortunately, the ``digital divide'' still separates
the technology haves and the technology have-nots--leaving our
most disadvantaged children without vital knowledge and tools
to compete with their more advantaged peers.
The Safe and Successful Schools Act of 2000 increases the
Federal commitment to technology and closing the digital
divide. The Act provides $500 million for the Technology
Literacy Challenge Fund program, to help the most disadvantaged
school districts to provide educators with sustained, high
quality training to integrate technology in their classrooms
and provide students with the latest access to advanced
technology resources. The Act creates a $50 million Go Girls
program to help encourage the ongoing interest of girls in
science, mathematics and technology, and prepare girls to purse
undergraduate and graduate degrees and careers in science,
mathematics, or technology. The bill will provide new support
for restructuring teacher education programs so that new
teachers are proficient in the use of educational technologies
and can integrate technology throughout their instructional
practices. Lastly, it also creates new initiatives to develop
and expand cutting edge technologies to improve teaching and
learning, and to establish community technology centers in the
neediest communities.
Conclusion
Our hope when we began the process of ESEA reauthorization
this Congress was that the Committee would complete work on
ESEA in a bipartisan fashion. The current state of this bill,
and the unlikely adoption of Democratic priorities, makes it
difficult for us to see how Congress will be able to send a
complete ESEA reauthorization bill to the President that he can
sign. With the passage of H.R. 4141, the majority seriously
jeopardizes passage of the ESEA reauthorization this Congress.
William L. Clay.
Dale E. Kildee.
Major R. Owens.
Patsy T. Mink.
Tim Roemer.
Lynn Woolsey.
Chaka Fattah.
Carolyn McCarthy.
Ron Kind.
Harold E. Ford, Jr.
David Wu.
George Miller.
Donald M. Payne.
Robert E. Andrews.
Bobby Scott.
Carlos Romero-Barcelo.
Ruben Hinojosa.
John F. Tierney.
Loretta Sanchez.
Dennis J. Kucinich.
Rush Holt.
Attachment
The Secretary of Education
Washington, DC, April 5, 2000.
Hon. William L. Clay,
House of Representative,
Washington, DC.
Dear Congressman Clay: I am writing to express my strong
objections to H.R. 4141, the ``Education Opportunities To
Protect and Invest Our Nation's Students (Education OPTIONS)
Act,'' which I understand your committee will soon mark up.
This bill would reauthorize and amend the various remaining
titles of the Elementary and Secondary Education Act of 1965
(ESEA) for which your committee has not approved reauthorizing
legislation during the 106th Congress. Unfortunately, as with
the Teacher Empowerment Act and Straight-A's legislation
already approved by the House, H.R. 4141 would take us in a
very different direction than the President laid out in his
ESEA proposal, the Educational Excellence for All Children Act
of 1999. As the President has stated, he would support an ESEA
reauthorization that helps all students achieve to high
standards through effective programs of national significance,
such as class size reduction and after-school programs, in
modernized and safe schools. In addition, he places a high
priority on holding the entire education system accountable for
results, and opposes squandering Federal resources on unfocused
block grants. This bill, and the House ESEA package as a whole,
fails to meet these principles. Accordingly, if this bill were
presented to the President in its current form, I would
recommend that he veto it. My detailed views on the bill are
set out below.
Elimination of after-school programs and services
I strongly object to H.R. 4141's elimination of the current
after-school program by block-granting the 21st Century
Community Learning Centers Program (ESEA, Title X. Part I) with
the Safe and Drug-Free Schools State Grant Program. The ESEA
should, like current law, continue to provide a dedicated
funding stream for before- and after-school programs that focus
on providing extended learning opportunities for children in a
safe environment, as well as providing additional services that
address the needs of the community at large. The President has
proposed to more than double the budget for this vital program
in order to provide for additional high-quality extended
learning opportunities for children and to help ensure that
those schools that lack the resources to establish effective
after-school programs have the ability to do so. The Congress
should expand this effective program, not eliminate it.
``Transferability'' of program funds (proposed Sec. 14206)
I strongly object to the bill's inclusion of proposed
section 14206 of the ESEA, which embodies the block-grant
approach to Federal education programs that the President and I
have repeatedly opposed. Under this provision, States could
move any or all of the funds retained at the State level among
most ESEA programs (the main exception being the Title I
program for disadvantaged children), while local school
districts could transfer up to 30 percent of these funds on
their own and up to 100 percent of these funds with the State's
approval.
I find the lack of accountability for results and the
disregard for national priorities under the transferability
provisions particularly disturbing. States and districts would
have free rein to shift funds between programs that serve
important national goals, without any attention to whether such
reprogramming would be in the best interest of the students or
schools affected. It is unconscionable to allow a school
district to gut programs that strengthen teacher quality,
reduce class size, increase access to technology, and ensure
that schools are safe and drug-free, in favor of unfocused
block grants such as the Title VI program that lack any
meaningful spending safeguards or accountability for turning
around failing schools or otherwise improving achievement
outcomes. The President and I are strong supporters of
increased flexibility in return for greater accountability,
having championed Ed-flex, waiver authorities, and other
flexibility provisions to encourage innovation throughout the
ESEA. However, this proposal goes well beyond what is
appropriate or acceptable, by providing unchecked flexibility
in return for no accountability.
Furthermore, any complete ESEA proposal must include the
following programs:
Class size reduction
A major defect of H.R. 4141, as of the ESEA bills that have
preceded it in the House during the 106th Congress, is that it
would undermine the Federal effort to help local communities
reduce class size in the early grades to an average of 18,
because it fails to provide a separate, dedicated funding
stream, targeted to high-poverty communities, consistent with
the bipartisan agreement enacted in the Department of
Education's appropriations acts for each of the past two years.
This is not the time to abandon that effort.
School modernization
Similarly, H.R. 4141 fails to provide any assistance to
communities facing the enormous burden of renovating aging
schools. The President's Budget for FY 2001 proposes a $1.3
billion initiative to provide grants and loans for high-need
districts to support the renovation of up to 5,000 schools. The
Federal Government should help address the critical needs in
these areas.
Accountability
I am very disappointed that H.R. 4141 fails to include the
President's proposed ``Education Accountability Act of 1999.''
This important component of the President's ESEA
reauthorization package would make States accountable for the
performance of students in their school districts and schools;
help ensure that students progress through school on a timely
basis while mastering challenging material; end social
promotion; prompt States to make sure that there are qualified
teachers in every classroom; require school districts to adopt
and carry out sound discipline policies; and make sure that
parents and the public receive annual report cards on their
States, school districts, and schools. These proposals should
be added to H.R. 4141.
Other concerns with the bill include the following:
ESEA, Title III--the ``Tech for Success Act of 2000''
I have major concerns regarding the targeting of the State
and Local Technology for Success Grants and the inadequacies of
the funding for, and authorities under, the National Technology
Initiatives provisions in H.R. 4141.
H.R. 4141 represents a missed opportunity to narrow the
digital divide and support the academic achievement of all
students. Though access to computers and the Internet has
exploded over the last decade, the digital divide between those
individuals and communities that have access to these
Information Age tools and those who don't is continuing to
widen. A July 1999 report from the Department of Commerce
revealed that the gap between those at the highest and lowest
income levels with this access to technology grew by 29 percent
in one year alone. By targeting funds on high-poverty, low-
performing schools and LEAs, and fostering innovations in
technology, we can narrow the digital divide and reach those
students in dangers of being left permanently behind in an
increasingly technological world.
There are major problems with the funding arrangements for
the State and Local Tech for Success Grants in H.R. 4141 which
contribute to the bill's lack of targeting program funds on
high-poverty, low-performing schools and LEAs. First, in order
to ensure that program funds are directed to those States
serving children with the greatest need, the State allotment
should be based entirely on the State's relative share of Title
I, Part A funds. Also, all of the amounts awarded at the local
level should be awarded competitively.
I am also disappointed that H.R. 4141 fails to provide
adequate support for the development of advanced technology
applications, and lacks sufficient focus on critical national
activities supporting innovation. The bill fails to provide
separate authorizations for three programs that are included in
the Administration's proposal and currently receive funding--
Preparing Tomorrow's Teachers to Use Technology, Community
Technology Centers, and Regional Technology in Education
Consortia. Instead, the bill would compress the numerous
national activities currently funded, including these three
programs, into an abbreviated list of possible activities to be
funded from a very limited amount of funds, diminishing the
ability of the Federal Government to act as a catalyst in
spurring truly innovative applications of technology to
education. I believe that these three programs should be
separately authorized and funded.
ESEA, Title IV--Safe and drug-free schools and communities
In order to ensure safe, disciplined, and drug-free
learning environments for students and teachers nationwide, it
is necessary to concentrate funds where they will do the most
good. Unfortunately, H.R. 4141 largely retains current formula
allocation mechanisms that spread scarce prevention funds too
thinly across too many LEAs and fail to provide adequate
accountability controls. The Administration's proposal to
compete funds from the State level to a limited number of LEAs
would help ensure that grants are of a sufficient size and
scope to support effective, research-based drug and violence
prevention activities.
H.R. 4141 is also deficient with respect to national-level
drug and violence prevention activities. The proposed annual
authorization level of $20 million for National Programs is
more than $140 million below currently enacted levels. This
would seriously undermine several popular and promising
programs, including the interagency Safe Schools/Healthy
Students initiative and the middle school Coordinator
Initiative. At the same time, H.R. 4141 contemplates funding
over $400 million in outstanding continuation awards under the
current 21st Century Community Learning Centers program out of
this same underfunded authority. H.R. 4141 also fails to
authorize Project SERV (School Emergency Response to Violence),
which would provide emergency assistance to school districts
that experience a violent or traumatic crisis, and to extend or
expand the existing Pro-Children Act requirements--to include
alcohol and illegal drugs--in addition to retaining the current
Federal ban on the possession or use of tobacco on school
grounds. Moreover, H.R. 4141 fails to provide an explicit
authorization for the Secretary of Education to fund projects
or activities to prevent hate crimes.
School prayer (amendment to current ESEA Sec. 14510)
I strongly object to the bill's proposal to revise section
14510 of the ESEA so that the Department of Education, rather
than a Federal court, determines whether a school district
receiving funds from the Department has a policy or practice
that prohibits individuals from engaging in constitutionally
protected voluntary prayer at school. It would appropriately
force the Department into the middle of numerous local disputes
involving prayer during classes, at graduation exercises, and
at sporting and other public events, and permit no remedies for
violations other than the draconian sanction of the termination
of all funds. Current law, which properly leaves difficult
questions of constitutional law (and of appropriate remedies)
to the courts, should be retained.
Other issues
I object to H.R. 4141's prohibition on federally sponsored
testing that would likely bring a halt to the President's
efforts to help States and parents raise academic standards
through a voluntary national test. H.R. 4141 would prohibit the
development, pilot testing, field testing, implementation,
administration, and distribution of voluntary national tests
under the Fund for the Improvement of Education unless
explicitly authorized. While the Administration has proposed to
fund continued national test development activities as a new
program under its reauthorization proposal for education
research and statistics programs, I am concerned that the
latter reauthorization may not occur in time to ensure
continuity of current efforts into FY 2001. The prohibition
should be deleted. Congress should be promoting high standards
for all students, not undermining them.
In both the technology program and in the program for safe
and drug-free schools, the bill would require the Secretary to
approve a State's plan or application, respectively, so long as
it includes the information required by the bill. There is no
requirement that the plans or applications be of high quality
or demonstrate substantial promise of actually carrying out
projects that achieve the programs' purposes, nor is the
Secretary given authority to review them on that basis. Given
the magnitude of the Federal investment and the importance of
these programs, the bill should give the Secretary authority to
review State plans and applications to ensure their quality
before committing taxpayer funds to implementing them.
The bill should also extend the authority, currently in
Part G of Title XIV of the ESEA, for evaluations of ESEA
programs. This is an important source for information for the
Congress, the Administration, and the public on how these
programs are working.
In addition, this bill fails to include the
Administration's proposal for an Early Childhood Professional
Development initiative. The training and education of early
childhood educators and caregivers are directly related to the
quality of early childhood education they can provide and, in
turn, directly related to children's readiness for school. The
Administration is committed to ensuring that all children enter
school ready to learn and this initiative is a critical step in
meeting this goal.
Representative Kildee's substitute for H.R. 4141
I strongly urge the Committee to approve the amendment to
H.R. 4141 in the nature of a substitute for the entire bill,
which I understand Representative Kildee will offer. The Kildee
substitute would be a major step in the right direction because
it reflects important national priorities. Among other
improvements over the bill as introduced, the substitute would
retain the separate funding streams for the after-school
program and the program for safe and drug-free schools;
preserve the program to help reduce class size; address
deficiencies in H.R. 4141 relating to technology education;
adopt the ESEA portion of the President's school-construction
initiative; and better target Federal assistance to those
communities and children with the greatest needs.
The Office of Management and Budget advises that there is
no objection to the submission of this report, and that
enactment of H.R. 4141, as introduced, would not be in accord
with the President's program.
Yours sincerely,
Richard W. Riley.
------
The Education Trust,
Washington, DC, April 4, 2000.
Members of the Committee on Education and Workforce,
U.S. House of Representative,
Washington, DC.
Dear Representative: I write to urge you to reject H.R.
4141, the Republican OPTIONS bill. The legislation's
transferability provisions are anti-accountability and run
counter to efforts to provide teachers with the professional
development that they need to help their students meet high
academic standards.
The transferability provisions would allow funds to be
transferred between ESEA programs, perhaps even into non-
education related activities, based solely on the whims of
adults rather than on the needs of students. The bill requires
no data analysis, no needs assessment, and no public comment
process before such a transfer could take place. Further, the
bill requires no evaluation of the effects of the transfers on
student achievement, or anything else for that matter. Where's
the accountability in that? With this legislation the
Republicans abandon not only the reasonable approaches to
accountability contained in H.R. 2 and H.R. 2300, they even
cast aside the cosmetic accountability charade contained in
Straight A's.
Republicans on the committee have consistently maintained
their concern about teacher quality. In both H.R. 2 and H.R.
2300 Republicans supported provisions that we believe would
make important contributions to the national effort to ratchet
up the quality of instruction in American classrooms. This
legislation, however, turns away from and could even reverse,
efforts to provide teachers with high-quality professional
development.
This legislation would allow school districts to virtually
pillage Title II professional development funds. The only
limitation on the plunder of Title II would be a demonstration
that funding for professional development in mathematics and
science stay at levels equal to the previous year's funding.
Funding levels? What about student achievement levels in
mathematics and science? What about student achievement in
reading? Last week Gov. George W. Bush rang the alarm about the
reading skills of American students and announced his plan to
provide additional investment in professional development for
reading teachers. This legislation not only discounts concerns
of Governor Bush; it ignores data that indicates that most
teachers have too little training in the teaching of reading.
And, more importantly, it ignores the fact that too few of our
children have strong reading skills.
The transferability provisions appear to have been designed
by individuals who more are committed to financial flexibility
for adults than they are to success for students. We urge
members of the committee to put student achievement first and
to reject H.R. 4141.
Sincerely,
Kati Haycock, Director.
------
Council of Chief State School Officers,
Washington, DC, April 4, 2000.
Member, Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
Dear Representative: I write on behalf of the state
commissioners and superintendents of education regarding H.R.
4141, the Education OPTIONS Act. The House Education and
Workforce Committee will soon mark up this bill to reauthorize
the major titles of the Elementary and Secondary Act not yet
acted upon by the House of Representatives. These titles
include Title III, Technology; Title IV, Safe and Drug-Free
Schools and Communities; Title VI, Innovative Strategies; the
21st Century Community Schools program; and Title XIV, General
Provisions. They include extraordinarily important resources to
help states and localities improve achievement of all students.
We regret that our Council we must oppose H.R. 4141 as it
comes before the Committee and can support it only with
substantial changes on the following points:
(1) Provide a specific authorization for 21st Century
Community Learning Centers with a poverty-based formula
program to enable state and local education agencies to
support academically-related extended learning and
enrichment programs;
(2) Continue the federal-state-local partnership
under Title VI to bring innovation and quality to the
classroom with adequate funds for state education
agencies to provide statewide and multi-district
services, and with authority for states and localities
to support continued development of standards and
aligned assessments;
(3) Continue designation of the state education
agencies which are responsible for elementary and
secondary education in each state to plan and
administer federal programs together with state
reforms, programs, and funds; and
(4) Eliminate provisions for ``transferability''
which would allow 30% to 100% of federal ESEA funds
targeted for particular national education priorities
and special needs students to be spent for other
purposes.
We regret we must oppose the bill as introduced. We urge
that you vote in favor of the Minority substitute and specific
amendments to address the issues stated in this letter.
21st century community learning centers
Authorize 21st Century Community schools as a separate,
poverty-based formula program administered by state education
agencies and focused on before and afterschool extended
learning opportunities for students in high poverty schools.
The 21st Century Schools Program should be reauthorized as
a separate title or component of ESEA, rather than block
granting it with the Safe and Drug Free Schools program for
these reasons:
The Program has a very different purpose and
addresses a substantially different need than the Safe and Drug
Free Schools (SDFSCA) program. While some SDFSCA funds can and
do support afterschool care, that it is not the primary purpose
of the program, nor are the afterschool services provided under
SDFSCA focused on extended learning time and enrichment
activities related to the regular academic program. The
academically-related before and afterschool and summer programs
supported under 21st Century Schools may help to reduce youth
crime and drug abuse during non-school hours. However, these
programs are not the same as those supported with Safe and Drug
Free Schools funds. Each of these two programs addresses a
distinct national priority. Each requires a separate
authorization with purposes, uses of funds, and accountability
provisions aligned to each priority.
The program fills an urgent unmet need for
extended learning opportunities for disadvantaged students
before and after school and during the summer. Students who do
not meet academic standards in the regular school day need
extra time for activities that reinforce their academic study.
Although some Title I and Title VI funds are spent on this
purpose, the shortage of high quality enrichment and extended
learning programs at schools during non-school hours is
critical, as evidenced by more than $900 million in
applications were advanced for the $40 million appropriated for
21st Century Schools in its second year. This program is
essential to reinforce what students learn in the regular
academic program, particularly those students in high poverty
schools whose families cannot afford and do not have access to
high quality enrichment and recreational activities.
21st Century After-School funds should be allocated to
states on a formula targeted to poverty and administered
through the state education agencies to local districts on
behalf of local school partnerships. As this program grows to
$500 million, it is most effectively and efficiently shifted
from administration by the U.S. Education Department to state
education agencies. Federal programs of direct grants to local
areas do not connect with state resources used for similar
purposes and seldom are sustained and expanded within the
states. The Elementary and Secondary Education Act provides for
the efficient and effective administration of federal K-12
programs by state educational agencies. This system increases
accountability for fund use and program results.
Title VI set-asides for SEA administration and leadership and continued
use of funds for the development of standards and assessments
Remove the cap on the state set-aside in Title VI to assure
resources for state education agency (SEA) administration and
leadership grow proportionately with the program. Authorize
SEAs and local districts to use Title VI funds to upgrade and
expand standards and assessments aligned with professional
development and the curriculum.
The cap on the state-level reserve of funds at FY 2000
levels for administering Title VI and strengthening statewide
and multi-district capacity to reform classrooms must be
removed. Adequate SEA set-asides are essential to enable
increased technical assistance to local districts and schools
and to effectively administer federal programs.
ESEA programs assign substantial responsibility
and accountability for federal funds to the states. Congress
expects states to establish standards, performance indicators
and benchmarks, and accountability systems to ensure
improvement in student achievement. Congress expects increased
service by the states to assist local communities improve the
quality of programs, especially where they are below standard.
A permanent ceiling on the state set-aside stymies expansion of
SEA assistance in administering more local funds and responding
to increased demand. The expectation of improved effectiveness
and efficiency in the use of federal funds by the states will
not be realized with the caps.
SEAs must have a continuing source of federal
Title VI funds to upgrade standards and provide them in all
core subject areas; develop new aligned assessments; and, to
help local districts move standards into all classrooms. By
using federal support, the states have become the major driving
forces for setting standards, providing for effective quality
review, monitoring progress and accountability, and
particularly, providing increased service to districts and
schools with the lowest performance. These leadership
initiatives require greater levels of personnel and state
capacity than was the case for earlier responsibilities limited
to regulation and report monitoring. Basing school reform
strategies on standards is a continual process. Penetration of
the strategy into all classrooms is still a major challenge for
states and multi-district coalitions. Title VI funds must be
available to help them.
SEAs use economies of scale and regional service
delivery systems to provide critical quality services and build
capacity of local districts and schools beyond what LEAs and
schools can secure on their own, particularly those with the
highest poverty and lowest performing students. Districts and
schools rely on these supports and in general, request far
greater services than the state or intermediate agencies can
provide. A sufficient state-level set-aside is essential in
each ESEA formula program to assure quality and effectiveness
through the federal-state-local partnership.
Governance of Federal aid to elementary and secondary education through
State education agencies
Retain provisions for state educational agencies to plan
and implement programs under the Elementary and Secondary
Education Act to assure state sovereignty for decisions to
administer federal programs as each state has decided for
education and to connect these funding streams and initiatives
to the 93% of K-12 funding which is provided through states and
localities.
The recognition of state authority to assign various
responsibilities for education to the state board of education,
chief state school officer, the governor and state legislature
through state constitution and law must not be overridden in
federal statute because:
In order be effective in increasing school
improvements, efforts to restructure federal support for
elementary and secondary education must respect state
sovereignty. Each state has established constitutional or
statutory responsibility for education with roles for the state
board of education, chief state school officer, governor, state
legislature, and perhaps, other officials. Federal legislation
recognizes state sovereignty to establish the structure for
operation of education programs by providing for education
programs to be administered by the SEA, defined as the agency
``primarily responsible'' for education under state
constitution or law. If the Congress were to assign education
responsibility to the ``state'' (which is defined in
legislation as the governor), it would supersede state
constitutions and statutes established by their citizenry
through state legislatures, which make other assignments of
state authority for education. For example, in virtually every
state, the elected or appointed chief state school officer and/
or elected or appointed state boards of education have the
responsibility for education programs. Congress must not
violate state sovereignty for determining administrative
responsibility for education.
Respect for state sovereignty is essential to
ensure effective linking and coordination of federal resources
with state and local goals, programs, and resources. State
education agencies plan for an administer both federal and
state education programs. Local education agencies receive most
federal and state education funds through the SEA, which is not
only responsible for the use of federal and state funds, but
also for accreditation, teacher certification, graduation and
course requirements, and other areas of education policy and
operation in the state.
To decouple the administration of federal
education funds from state and local education funding streams
and authority seriously undermines the leverage and
effectiveness of the federal dollar. In fact, a key goal of the
reauthorization, particularly the new flexibility mechanisms,
is to enhance the effective linkage among federal, state and
local funds and programs. This coordination will occur only if
the agency designated under state law and constitution as
responsible for state and local levels of education also
administers the federal programs.
Assignment of federal education funds to
authorities other than the SEA has important negative
consequences for local school districts and schools. Those
institutions are then be forced to work with two or more state
agencies on the same service--one responsible for state funds
and the other for federal funds. For them, the promise of
streamlining and flexibility would become in reality the
problem of two state administering agencies and most likely an
additional intermediate county or regional government agency.
These institutions are much more effectively served through a
sole state education agency.
Eliminate proposed provisions for ``transferability''
Eliminate provisions to authorize transfer of federal funds
among the various federal programs which are targeted to
strategies for classroom quality and the most critical student
needs in education.
The proposal for ``transferability'' is another form of
block granting federal funds across programs with dissimilar
purposes and converting federal programs to revenue sharing. No
matter what the label, these proposals fundamentally undermine
targeting of limited federal funds for strategies to improve
classroom quality for direct services to students with the most
critical needs. Block granting has been tried before and
Congress has subsequently abandoned it, because compromising
targeted strategies does not work. The Committee should avoid
repeating past mistakes and eliminate ``transferability''.
Provisions to block grant through transferability
eliminates the guarantee that the purposes for which Congress
appropriates money--teacher quality, technology, or improvement
in mathematics and science, for example--will actually be
served. The Committee bill now authorizes localities and States
to ignore those purposes.
Provisions to block grant through transferability
eliminates the guarantee that students with the most critical
needs for supplemental help are served.
Transferability stymies increases for specific
classroom improvements. If transferability is enacted, the
future response by its advocates when presented evidence of the
need to increase funding for education priorities, will be to
advise states and localities to simply transfer existing
federal funds from other priorities. Transferability makes
education funding a ``zero sum'' competition. It would be a
gross policy mistake at a time when the public is advocating
substantial increases in federal funding for targeted classroom
improvement.
Transferability reduces accountability and
deceives federal taxpayers who expect targeted federal funds to
be used for the purposes for which they were appropriated. They
will not be deceived long. With no reports on the use of funds
and student results related to investment, taxpayers and
members of Congress will give up support. They will lose
evidence of how funds are used and the results from the
expenditures. Accountability for the funds disappears because
there is no way to report expenditures and results across
schools, districts and states. To the federal taxpayer, the
reason for federal involvement disappears, and so does funding.
The Committee and the Congress now provides extensive
options to states and localities for flexibility, waivers,
consolidated plans and reports, and schoolwide programs under
Title V. These options enable effective and efficient choices
in the use of funds. They build on continued identification and
targeting of resources to national purposes and student
populations served. We urge you continued use of these
strategies rather than jeopardizing continued commitment of
federal funds for classrooms quality by bringing back failed
block granting.
Concluding concerns
In addition to the major issued detailed above, we have
other concerns about the bill.
One is that the Title VII Technology block
grant fails to assure the ``use of funds'' to purchase
new technologies is accompanied by authority for
adequate training of teachers to use the equipment and
to integrate learning technologies into the curriculum.
A second is that the state share of funds
for leadership and administration under the Title IV
Safe and Drug-Free block grant is cut from the current
level of 9% to only 4%, with a 2% cap on administration
and 2% on leadership activities.
Moreover, under Title VII Technology, only
10% of the 5% state share can be used for program
administration--that is less than $3.2 million to
implement and evaluate a $656 million program of grants
to school districts nationwide. Statewide and multi-
district services under these titles cannot be
effectively provided at these levels, whether or not
the total funds increase.
H.R. 4141 also raised serious First
Amendment concerns. ``Charitable Choice'' provisions
extend to religious institutions the opportunity to be
direct providers of educational services which have
previously been limited to religiously affiliated
organizations. Included in the bill are provisions for
prayer in school, which were explicitly rejected by
Congress in 1994, and fail to uphold constitutional
requirements for separation of church and state.
Additionally, local schools are required to purchase
filtering or blocking software as a condition of
receiving federal technology funds. Imposing this
inappropriate, ineffectual and costly mandate violates
local and state acceptable use policies. We will
address our concerns about ``Charitable Choice''
further in another letter.
The provisions of H.R. 4141 and the other parts of the ESEA
reauthorization together form the most important action your
Committee and Congress can take this year to help all students
achieve at high levels in this new century. We regret we must
object to many provisions of the Committee bill. Our students
need the services of this Act now. For any reauthorization of
ESEA to be enacted will require a bipartisan approach between
Congress and the Administration.
We would be pleased to work with the Committee to address
our concerns and improve this bill. We urge your support of the
Minority substitute amendment and any specific amendments
offered to address the issues we have raised. Without these
changes, we must urge you to oppose it. If we can be of any
assistance to you or answer any questions, please call me or
Carnie Hayes, our Director of Federal-State Relations, at (202)
336-7009. As always, thank you for considering our
recommendations.
Sincerely,
Gordon, M. Ambach,
Executive Director.
------
NEA, Government Relations,
Washington, DC, April 4, 2000.
Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
Dear Representative: On behalf of the National Education
Association's (NEA) 2.5 million members, we would like to
express our strong opposition to H.R. 4141, the Education
Opportunities To Protect and Invest In Our Nation's Students
(Education OPTIONS) Act. NEA has concerns regarding a number of
provisions that we believe will undermine positive reform
efforts. Specifically, the bill:
Undermines the setting of national education
priorities and weakens accountability for federal funds by
allowing the transfer of funds among key, targeted programs.
Eliminates essential after school programs by
folding the 21st Century Community Learning Centers program
into the Safe and Drug-Free Schools program.
Fails to provide the training necessary to
integrate technology into the classroom.
Undermines efforts to maximize student achievement
by failing to authorize the successful class size reduction
program.
Fails to provide assistance to help schools make
urgent infrastructure repairs.
Threatens to undermine the separation of church
and state by allowing the funneling of federal dollars to
religious institutions.
Eliminates funds to help schools address violence
associated with intolerance and prejudice.
In contrast, the substitute to be offered by
Representative Kildee (D-MI) would provide schools the
necessary resources to improve student achievement by reducing
class size, modernizing facilities, training teachers in use of
technology, and offering learning-focused after-school
programs. In addition, the Kildee substitute would help attract
and retain high-quality teachers by increasing student loan
forgiveness for teachers working in low-income schools.
Representative Clay (D-MO) will also offer an amendment to
authorize a school modernization emergency repair grant and
loan program.
We urge you to support positive education reform by
opposing H.R. 4141 and supporting the Kildee substitute and
Clay school modernization amendment.
Sincerely,
Mary Elizabeth Teasley,
Director.
------
Human Rights Campaign,
Washington, DC, April 4, 2000.
House of Representatives,
Washington, DC.
Dear Representative: Rep. Robert Scott, D-Va., is expected
to offer an amendment to H.R. 4141, the ``Educational
Opportunities To Protect and Invest In Our Nation's Students
(Education OPTIONS) Act,'' when the House Committee on
Education and the Workforce begins consideration Wednesday,
April 5. The Scott Amendment restores valuable hate-crime
prevention and prejudice reduction initiatives while addressing
the threat from an unnecessary and dangerous provision that
could threaten effective violence prevention programs. I hope
you will support this important amendment.
Violence based on prejudice and hate continues to remain
one of the most compelling public health and safety issues for
young Americans. It is generally recognized that most hate-
crime offenders and victims are young people. Hate and
prejudice is learned, however, and the violence associated with
it is not unavoidable or inevitable.
Congress recognized the national importance of helping
local schools deal with hate and bias crime in their
communities when it reauthorized the Elementary and Secondary
Education Act in 1994. The Senate Health and Education
Committee last month also soundly defeated an attempt to remove
hate crime programs during mark up of ESEA. H.R. 4141, however,
was introduced without any mention of programs designed to
reduce hate-related violence.
The Scott Amendment restores current law that authorizes
the Department of Education to give grants to localities
affected by hate crime to develop educational and training
programs designed to reduce hate crimes in schools; develop
curricula to improve conflict or dispute resolution skills of
students, teachers and administrators; develop and acquire
equipment or instructional materials to be used in hate crimes
prevention programs; and provide professional training and
development for teachers and administrators on the causes,
effects and resolutions of hate crimes.
In addition to restoring current law, the Scott Amendment
also addresses a threat from a provision that could interfere
with effective public safety and violence prevention education.
Included in H.R. 4141 is a provision that would prohibit the
Department of Education from using funds for activities and
programs that ``discriminate against or denigrate the religious
or moral beliefs of students who participate in such activities
or programs.''
Gay and lesbian youth often are victimized in school
because of their sexual orientation. In one survey of school
counselors, 54 percent agreed that students often ``degrade
fellow students whom they discover are homosexual.'' Effective
curriculum and guidebooks, like Healing the Hate: A National
Bias Crime Prevention Curriculum for Middle Schools, have been
developed that address this type of behavior and attempt to
educate students about individual differences while affirming
their own self and group identity. This proposal could water
down these effective programs and guides and prevent local
school districts from including historically targeted members
of their school communities like lesbian and gay students in
their comprehensive bias and prejudice reduction curriculum.
In addition, many groups supporting this provision strongly
oppose inclusion of sexual orientation in any teaching about
hate-based violence what-so-ever. This opposition is drive by a
belief that inclusion of sexual orientation in comprehensive
hate-crime prevention curricula undermines or denigrates their
underlying religious beliefs on homosexuality. Some have even
suggested that inclusion of sexual orientation is an ``attack
on Biblical Christianity'' and will be used to ``indoctrinate
the young'' and ``impose a homosexual agenda on school
children.'' Nothing is further from the truth.
Healing the Hate is a curriculum that does not call for
special protection of any group or person. It is not anti-
family or anti-Christian. One of the curriculum's goals is to
uphold the basic rights of all members of our society, with
equal protection under the law. Indeed, the entire underpinning
of the curriculum is respect for and appreciation of
differences in race, religion, ethnicity, etc. while helping
students affirm their own self and group identity.
The Scott amendment restores authority to the Department of
Education to develop important resources needed in helping
young people understand differences among their classmates and
allow the federal government to assist local school districts
that ask for help in dealing with hate violence. It would also
address a dangerous and unnecessary provision that threatens
excluding unpopular groups of students from being addressed in
curriculum that is designed to prevent youth-based hate
violence.
I hope you will vote to accept this important amendment. If
you have questions or need further information, please contact
Chad Lord.
Sincerely,
Winnie Stachelberg,
Political Director.
------
National PTA,
April 4, 2000.
Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
Dear Representatives: On behalf of the nearly 6.5 million
parents, teachers, students, and other child advocates who are
members of the National PTA, I am writing to express our views
on H.R. 4141, the Education OPTIONS bill, which the Committee
on Education and the Workforce is expected to begin considering
tomorrow.
From the beginning of this process to reauthorize the
Elementary and Secondary Education Act (ESEA), the National PTA
has made parent involvement its top priority issue and we are
hopeful still that, as this process continues, important
provisions from the PARENT Act will be included in a final bill
to strengthen parent involvement and lead to improved student
achievement.
National PTA is also extremely committed to improving ESEA
where changes are needed, and reinforcing the importance of the
federal role in education through leadership; technical
assistance; research, data collection, and information
dissemination; and financial support for targeted purposes that
have been identified as national priorities. The education
policies of recent years have led states and schools to make
significant progress toward meeting our nation's educational
goals and we must stay on course until all states and schools
are providing all children with equitable opportunities for
quality educational achievement.
Following is a brief outline of our primary concerns with
provisions in H.R. 4141, and our recommendations for how we
would like the bill changed:
Parent involvement
Education Committee Chairman, William Goodling (R-PA),
states that H.R. 4141 emphasizes ``local and parental
empowerment.'' However, the provisions included in this bill,
such as encouraging character education programs, protecting
voluntary school prayer, and requiring blocking and filtering
software, are not what National PTA considers to be meaningful
parent involvement in children's education. Research shows that
regardless of the economic, ethnic, or cultural background of
the family, parent involvement is a major factor in determining
a child's academic success. Therefore, National PTA urges the
Committee to add provisions from the PARENT Act, H.R. 2801, in
the appropriate places to H.R. 4141.
For instance, National PTA suggests amending the bill's
Title III to use technology to strengthen parent involvement by
enabling parents and teachers to increase their communication
about curriculum, assignments and assessments; train parents to
use technology that their children are using; and use mentoring
relationships to enhance professional development of educators.
To help ensure drug- and violence-free communities,
National PTA believes that the bill's Title II should be
amended to involve parents by including them in state and local
efforts to develop and implement violence and drug prevention
efforts. Parents should be informed about what steps are being
taken to reduce violence and drug use in schools.
Amend H.R. 4141's Title IV, the innovative education
program strategies section, to foster parent involvement by
allowing federal funds to promote parental involvement at the
local level and requiring local education agencies to describe
their parent involvement activities in their applications for
state funds.
National PTA also supports inclusion of language in Title
XIV that would apply the parent involvement provisions of Title
I to all appropriate programs within the ESEA.
Transferability
The National PTA strongly opposes the transferability
provisions included in Title I of H.R. 4141. The bill would
allow states and schools districts to transfer funds among
selected education programs, without regard to the purpose of
the original programs, or without accountability for how the
transferred federal dollars would be spent.
National PTA opposes transferability in part because all of
the applicable funds could be transferred into Title VI,
Innovative Education Strategies. Title VI provides funds for
schools and school districts for important needs, and in many
areas it funds parent involvement activities. However, H.R.
4141 would allow the transfer of funds from professional
development (including the class size reduction funds),
comprehensive school reform, safe and drug-free schools (now
including 21st Century Community Learning Centers), education
technology grants, and other important, targeted ESEA programs
into Title VI. This would eliminate the targeted purpose of the
original programs, any targeting based on need, and
accountability for how these dollars would be spent.
The National PTA believes federal programs should remain
targeted to the specific needs of national concern that
Congress has identified. By allowing transfer of federal funds
from one program to another, Congress would be giving up this
important responsibility. Like with traditional block grants,
because over time the intended purpose of the program would be
lost, the funding would likely diminish as well. More
importantly, we know from experience that when there is not a
requirement for specific purposes to be addressed they often
are not addressed. State and local dollars are used for the
general education of school children and federal dollars are
historically targeted to specific needs that are not being met
at the state and local level. This is an important role of the
federal government that must be maintained.
Transferability also dilutes the public involvement in
education. There is no requirement that school districts seek
input from parents, teachers, or others in the school community
about how the funds should be transferred or targeted. There is
actually not even a requirement that parents be notified that
transfers are even being proposed.
21st century community learning centers
National PTA also opposes the move to consolidate the
popular 21st Century Community Learning Centers program with
the Safe and Drug Free Schools program. National PTA believes
combining the two programs will have the effect of eliminating
this federally supported school-based after school program. We
believe it is critical to retain these two complimentary and
distinct programs in order to achieve the important purposes
they are designed to achieve. While we agree that after-school
programs help reduce juvenile violence and drug use, National
PTA believes that after-school programs offer much more. The
21st Century Community Learning Centers program funds school-
based after-school programs that help students reach
challenging state academic standards, provide opportunities for
artistic, cultural, recreational enrichment activities, and
promote lifelong learning for students as well as other members
of the community.
In addition to these three priority areas, we ask you to
consider our comments on the following provisions of the bill:
National PTA opposes the elimination of the
provisions currently in Title IV, Safe and Drug-Free Schools,
which develop and support anti-bias and hate crimes prevention
programs. At this time of increasing public awareness about
school violence and hate crimes, Congress should not remove
these hate crime prevention protections.
National PTA is concerned that Title III
eliminates the targeted purpose of some of the educational
technology programs that have been successful, including the
Challenge Grant, Star Schools, and Preparing Tomorrow's
Teachers to Use Technology programs.
National PTA believes the use of the
term``scientifically based research'' throughout the bill may
create unintended consequences in attempts to improve student
learning. In technology, especially, where changes occur
frequently, ``scientifically based'' may hinder innovation and
progress that may be extremely successful. Instead, National
PTA would support the use of ``research-based'' to assure
program quality and accountability.
Finally, in keeping with out long-standing position in
support of public funds for public schools, the National PTA
will oppose any amendments during this week's mark up that
would allow public funds to go to private schools through
funding mechanisms such as vouchers.
During the Committee mark-up this week, National PTA will
support changes to H.R. 4141 to strengthen ESEA. In particular,
we would support amendments to:
Continue the current class size reduction
initiative
Authorize funds for school construction and
modernization loans and grants
Increase the investment in after-school
programs through the 21st Century Community Learning
Centers
Enhance the Safe and Drug-Free Schools
program by increasing the authorization of funds for
safe schools
Provide support for school-based,
alternative education programs to address the needs of
students who are expelled or suspended from school
Restore the existing authority for anti-bias
and hate crimes prevention programs
Strengthen the small schools provision in
the bill
National PTA also supports the amendment that
Representative Miller plans to offer with respect to disclosure
and gathering of data and information, which is aimed at
curbing commercial activity and protecting the privacy of
students in the classroom. National PTA recognizes that
technology in schools is a valuable educational tool, but
opposes surveys, research, and data gathering targeted at
children for the purpose of collecting information that is
otherwise personal and confidential.
We recognize that Congress faces a tough task in
reauthorizing ESEA in a way that will help states and schools
address the many challenges they face in providing all students
with equitable access to a high quality education, and we want
to support congressional efforts that strengthen the national
commitment to public schools and build upon the existing
programs that are working well. However, we cannot support H.R.
4141 in its current form and hope that the bill will be amended
to address the problems we have identified.
Sincerely,
Vicki Rafel,
Vice President for Legislation.