[House Report 112-106]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-106
======================================================================
SETTING NEW PRIORITIES IN EDUCATION SPENDING ACT
_______
June 14, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 1891]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 1891) to repeal ineffective or
unnecessary education programs in order to restore the focus of
Federal programs on quality elementary and secondary education
programs for disadvantaged students, 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 all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Setting New Priorities in Education
Spending Act''.
SEC. 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
(a) Repeals.--The following provisions of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) are repealed:
(1) Subpart 2 of part B of title I (20 U.S.C. 6371 et seq.;
relating to Early Reading First).
(2) Subpart 3 of part B of title I (20 U.S.C. 6381 et seq.;
relating to the William F. Goodling Even Start Family Literacy
programs).
(3) Subpart 4 of part B of title I (20 U.S.C. 6383; relating
to improving literacy through school libraries).
(4) Section 1502 (20 U.S.C. 6492; relating to demonstrations
of innovative practices).
(5) Section 1504 (20 U.S.C. 6494; relating to the Close Up
Fellowship program).
(6) Part F of title I (20 U.S.C. 6511 et seq.; relating to
comprehensive school reform).
(7) Part H of title I (20 U.S.C. 6551 et seq.; relating to
school dropout prevention).
(8) Section 2151(b) (20 U.S.C. 6651(b); relating to school
leadership).
(9) Section 2151(c) (20 U.S.C. 6651(c); relating to advanced
certification or advanced credentialing).
(10) Section 2151(d) (20 U.S.C. 6651(d); relating to special
education teacher training).
(11) Section 2151(e) (20 U.S.C. 6651(e); relating to early
childhood educator professional development).
(12) Section 2151(f) (20 U.S.C. 6651(f); relating to teacher
mobility).
(13) Subpart 2 of part C of title II (20 U.S.C. 6701 et seq.;
relating to the National Writing Project).
(14) Subpart 4 of part C of title II (20 U.S.C. 6721 et seq.;
relating to the teaching of traditional American history).
(15) Part D of title II (20 U.S.C. 6751 et seq.; relating to
enhancing education through technology).
(16) Part B of title III (20 U.S.C. 6891 et seq.; commonly
referred to as the ``Improving Language Instruction Educational
Programs for Academic Achievement Act'').
(17) Section 4003(1) (20 U.S.C. 7103(1); relating to subpart
1 of part A of title IV).
(18) Subpart 1 of part A of title IV (20 U.S.C. 7111 et seq.;
relating to State grants for safe and drug-free schools and
communities).
(19) Section 4129 (20 U.S.C. 7139; relating to grants to
reduce alcohol abuse).
(20) Section 4130 (20 U.S.C. 7140; relating to mentoring
programs).
(21) Subpart 2 of part D of title V (20 U.S.C. 7245; relating
to elementary and secondary school counseling programs).
(22) Subpart 3 of part D of title V (20 U.S.C. 7247; relating
to partnerships in character education).
(23) Subpart 4 of part D of title V (20 U.S.C. 7249; relating
to smaller learning communities).
(24) Subpart 5 of part D of title V (20 U.S.C. 7251; relating
to the Reading is Fundamental--Inexpensive Book Distribution
program).
(25) Subpart 6 of part D of title V (20 U.S.C. 7253 et seq.;
relating to gifted and talented students).
(26) Subpart 7 of part D of title V (20 U.S.C. 7255 et seq.;
commonly referred to as the ``Star Schools Act'').
(27) Subpart 8 of part D of title V (20 U.S.C. 7257 et seq.;
relating to the Ready to Teach program).
(28) Subpart 9 of part D of title V (20 U.S.C. 7259 et seq.;
commonly referred to as the ``Foreign Language Assistance Act
of 2001'').
(29) Subpart 10 of part D of title V (20 U.S.C. 7261 et seq.;
commonly referred to as the ``Carol M. White Physical Education
Program'').
(30) Subpart 11 of part D of title V (20 U.S.C. 7263 et seq.;
relating to community technology centers).
(31) Subpart 12 of part D of title V (20 U.S.C. 7265 et seq.;
relating to educational, cultural, apprenticeship, and exchange
programs for Alaska Natives, Native Hawaiians, and their
historical whaling and trading partners in Massachusetts).
(32) Subpart 13 of part D of title V (20 U.S.C. 7267 et seq.;
commonly referred to as the ``Excellence in Economic Education
Act of 2001'').
(33) Subpart 14 of part D of title V (20 U.S.C. 7269 et seq.;
relating to grants to improve the mental health of children).
(34) Subpart 15 of part D of title V (20 U.S.C. 7271;
relating to arts in education).
(35) Subpart 17 of part D of title V (20 U.S.C. 7275;
relating to combatting domestic violence).
(36) Subpart 18 of part D of title V (20 U.S.C. 7277 et seq.;
relating to healthy, high-performance schools).
(37) Subpart 20 of part D of title V (20 U.S.C. 7281 et seq.;
relating to additional assistance for certain local educational
agencies impacted by Federal property acquisition).
(38) Subpart 21 of part D of title V (20 U.S.C. 7283 et seq.;
commonly referred to as the ``Women's Educational Equity Act of
2001'').
(39) Part B of title VII (20 U.S.C. 7511 et seq.; commonly
referred to as the ``Native Hawaiian Education Act'').
(40) Part C of title VII (20 U.S.C. 7541 et seq.; commonly
referred to as the ``Alaska Native Educational Equity, Support,
and Assistance Act'').
(b) Conforming Amendments.--
(1) Title i.--
(A) Section 1002.--Section 1002 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6302) is
amended--
(i) in subsection (b)--
(I) by striking paragraphs (2)
through (4); and
(II) by striking the following:
``(b) Reading First.--
``(1) Reading first.--For'', and inserting the following:
``(b) Reading First.--For'';
(ii) in subsection (e)--
(I) by striking paragraph (2); and
(II) by striking the following:
``(e) Federal Activities.--
``(1) Sections 1501 and 1502.--For the purpose of carrying
out sections 1501 and 1502,'', and inserting the following:
``(e) Federal Activities.--For the purpose of carrying out section
1501,'';
(iii) by striking subsection (f);
(iv) by redesignating subsections (g) through
(i) as subsections (f) through (h),
respectively;
(v) by striking subsection (g) (as so
redesignated); and
(vi) by redesignating subsection (h) (as so
redesignated) as subsection (g).
(B) Section 1116.--Section 1116(b)(3)(A)(i) of such
Act (20 U.S.C. 6316(b)(3)(A)(i)) is amended by striking
``, and may include'' and all that follows through
``part F''.
(C) Section 1202.--Section 1202 of such Act (20
U.S.C. 6362) is amended--
(i) in subsection (a)(1), by striking
``section 1002(b)(1)'' and inserting ``section
1002(b)''; and
(ii) in subsection (c)(7)(A)(vii), by
striking ``, including coordination'' and all
that follows through ``where applicable''.
(D) Section 1703.--Section 1703 of such Act (20
U.S.C. 6533) is amended by striking ``section 1002(g)''
and inserting ``section 1002(f)''.
(2) Title ii.--
(A) Section 2103.--Section 2103 of such Act (20
U.S.C. 6603) is amended--
(i) in subsection (a), by striking ``subpart
5'' and inserting ``section 2151(a)''; and
(ii) in subsection (b), by striking ``subpart
5'' and inserting ``section 2151(a)''.
(B) Section 2123.--Section 2123(a)(5)(A) of such Act
(20 U.S.C. 6623(a)(5)(A)) is amended by striking ``,
and are coordinated'' and all that follows through
``part D''.
(3) Title iii.--Section 3001 of such Act (20 U.S.C. 6801) is
amended--
(A) in subsection (a)--
(i) in paragraph (1), by striking ``, except
for subpart 4 of part B'';
(ii) by striking paragraph (2); and
(iii) by striking the following:
``(a) Authorization of Appropriations.--
``(1) In general.--Subject'', and inserting the following:
``(a) Authorization of Appropriations.--Subject'';
(B) in subsection (b)--
(i) in paragraph (1), by striking
``paragraphs (1) and (2) of'';
(ii) by striking paragraph (2); and
(iii) by striking the following:
``(b) Conditions on Effectiveness of Parts A and B.--
``(1) Part a.--Part A'', and inserting the following:
``(b) Conditions on Effectiveness of Part A.--Part A''; and
(C) by striking subsection (c).
(4) Title iv.--Section 4003 of such Act (20 U.S.C. 7103) (as
amended by subsection (a)(17)), is further amended by striking
``appropriated--'' and all that follows through ``such'' and
inserting ``appropriated such''.
(5) Title vi.--Section 6222(a)(3) of such Act (20 U.S.C.
7351a(a)(3)) is amended by striking ``, as described in part D
of title II''.
(6) Title ix.--
(A) Section 9101.--Section 9101 of such Act (20
U.S.C. 7801) is amended--
(i) by amending paragraph (13) to read as
follows:
``(13) 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) part D of title I;
``(D) part A of title II;
``(E) part A of title III;
``(F) part A of title IV;
``(G) part B of title IV;
``(H) part A of title V; and
``(I) subpart 2 of part B of title VI.''; and
(ii) by amending paragraph (34)(A)(vii)(I) by
striking ``(except'' and all that follows
through ``part D of title II)''.
(B) Section 9501.--Paragraph (1) of section 9501(b)
of such Act (20 U.S.C. 7881(b)(1)) is amended to read
as follows:
``(1) In general.--This section applies to programs under--
``(A) subpart 1 of part B of title I;
``(B) part C of title I;
``(C) part A of title II, to the extent provided in
paragraph (3);
``(D) part B of title II;
``(E) part A of title III;
``(F) part A of title IV; and
``(G) part B of title IV.''.
H.R. 1891, THE SETTING NEW PRIORITIES IN EDUCATION SPENDING ACT
COMMITTEE REPORT
Purpose
H.R. 1891, the Setting New Priorities in Education Spending
Act, begins the process of reforming our nation's broken public
education system. The bill repeals the authorization of more
than 40 wasteful education programs, reducing by half the
number of federal education programs under the Elementary and
Secondary Education Act. The bill reduces the federal
government's footprint in K-12 classrooms and ensures taxpayer
dollars are not wasted on unnecessary, inefficient elementary
and secondary education programs. Ultimately, the bill will
help restore fiscal discipline and promote a more appropriate
federal role in education.
Committee Action
This bill begins the Committee on Education and the
Workforce's effort to reform the Elementary and Secondary
Education Act (ESEA) in the 112th Congress. As the Committee
begins the reauthorization process, it is committed to
examining the federal investment in education and evaluating
elementary and secondary education programs.
109TH CONGRESS
Legislative action
On October 7, 2005, Rep. John Boehner (R-OH), Rep. Tom
DeLay (R-TX), Rep. Roy Blunt (R-MO), Rep. Sam Johnson (R-TX),
Rep. John Kline (R-MN), Rep. Kenny Marchant (R-TX), Rep.
Virginia Foxx (R-NC), Rep. Chris Chocola (R-IN), Rep. John
Doolittle (R-CA), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-
AZ), Rep. Patrick McHenry (R-NC), Rep. Mike Pence (R-IN), Rep.
Pete Sessions (R-TX), Rep. John Shadegg (R-AZ), and Rep. Todd
Tiahrt (R-KS) introduced H.R. 4018, the Setting Priorities in
Spending Act of 2005. This bill repealed 14 programs from six
federal education laws. Nine of the repealed programs are
authorized under the Elementary and Secondary Education Act;
most of which are included in H.R. 1891. Those programs
include: Ready to Learn Television; Star Schools Act; Ready to
Teach; Foreign Language Assistance Act of 2001; Community
Technology Centers; Educational, Cultural, Apprenticeship, and
Exchange Programs for Alaska Natives, Native Hawaiians, and
their Historical Whaling and Trading Partners in Massachusetts;
Arts in Education; and Women's Educational Equity.
111TH CONGRESS
Legislative action
On May 6, 2009, Rep. Howard P. ``Buck'' McKeon (R-CA), Rep.
John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Mike Pence
(R-IN), Rep. Pete Hoekstra (R-MI), Rep. John Kline (R-MN), Rep.
Rob Bishop (R-UT), Rep. Tom McClintock (R-CA), Rep. Duncan
Hunter (R-CA), Rep. Sam Johnson (R-TX), Rep. Roscoe Bartlett
(R-MD), Rep. John Linder (R-GA), Rep. Sue Myrick (R-NC), Rep.
Jeb Hensarling (R-TX), Rep. John Culberson (R-TX), Rep. Kenny
Marchant (R-TX), Rep. Michele Bachmann (R-MN), Rep. Doug
Lamborn (R-CO), and Rep. Jason Chaffetz (R-UT) introduced H.R.
2274, the Priorities in Education Spending Act. This bill
repealed 70 programs across 15 federal education laws. Thirty
of these programs are authorized under the Elementary and
Secondary Education Act, and all of those programs are included
in H.R. 1891. Those programs include: William F. Goodling Even
Start Family Literacy Program; Improving Literacy Through
School Libraries; Close Up Fellowship; Comprehensive School
Reform; School Leadership; Advanced Certification or Advanced
Credentialing; National Writing Project; Teaching of
Traditional American History; Enhancing Education Through
Technology; Ready to Learn Television; Bilingual and Emergency
Immigrant Education; Grants to Reduce Alcohol Abuse; Mentoring
Program; Elementary and Secondary School Counseling; Smaller
Learning Communities; Reading is Fundamental; Star Schools Act;
Ready to Teach; Foreign Language Assistance Program; Carol M.
White Physical Education Program; Community Technology Centers;
Educational, Cultural, Apprenticeship, and Exchange Programs
for Alaska Natives, Native Hawaiians, and their Historical
Whaling and Trading Partners in Massachusetts; Mental Health
Integration and Foundations for Learning; Arts in Education;
Healthy, High-Performance Schools; Additional Assistance for
Certain Local Educational Agencies Impacted by Federal Property
Acquisition; Women's Educational Equity; Native Hawaiian
Education; and Alaska Native Education Equity.
112TH CONGRESS
Hearings
On Thursday, February 10, 2011, the Committee on Education
and the Workforce held a hearing in Washington, DC, on
``Education in the Nation: Examining the Challenges and
Opportunities Facing America's Classrooms.'' The purpose of the
hearing was to learn what challenges states face in developing
a high-quality education system, explore innovative policies
that are being proposed and implemented at the state and local
level, and examine the federal investment in education and its
limited impact on student achievement. Testifying before the
Committee were: Dr. Tony Bennett, Superintendent of Public
Instruction, Indiana Department of Education, Indianapolis, IN;
Ms. Lisa Graham Keegan, Founder, Education Breakthrough
Network, Phoenix, AZ; Mr. Andrew Coulson, Director, Center for
Educational Freedom, CATO Institute, Seattle, WA; and Mr. Ted
Mitchell, President and CEO, New Schools Venture Fund, San
Francisco, CA.
On Tuesday, March 1, 2011, the Committee on Education and
the Workforce held a hearing in Washington, DC, on ``Education
Regulations: Weighing the Burden on Schools and Students.'' The
purpose of the hearing was to examine the burden of federal,
state, and local regulations on the nation's education system
and to learn whether these time consuming and duplicative
requirements ultimately improve student achievement. Testifying
before the Committee were: Mr. Gene Wilhoit, Executive
Director, Council of Chief State School Officers, Washington,
DC; Dr. Edgar Hatrick, Superintendent, Loudoun County Public
Schools, Ashburn, VA; Mr. Christopher B. Nelson, President, St.
John's College, Annapolis, MD; and Ms. Kati Haycock, President,
The Education Trust, Washington, DC.
On Wednesday, March 9, 2011, the Committee on Education and
the Workforce held a hearing in Washington, DC, on ``The Budget
and Policy Proposals of the U.S. Department of Education.'' The
purpose of the hearing was to discuss the Department's budget
request for Fiscal Year 2012. Testifying before the Committee
was The Honorable Arne Duncan, Secretary, U.S. Department of
Education, Washington, DC.
On Tuesday, March 15, 2011, the Committee on Education and
the Workforce, Subcommittee on Early Childhood, Elementary, and
Secondary Education, held a hearing on ``Education Regulations:
Burying Schools in Paperwork.'' The purpose of the hearing was
to hear from local officials representing elementary and
secondary schools about the paperwork burden that bureaucratic
regulations impose on their schools and school districts.
Testifying before the Subcommittee were: Mr. Robert P. ``Bob''
Grimesey, Jr., Superintendent, Orange County Public Schools,
Orange, VA; Mr. James Willcox, CEO, Aspire Public Schools,
Oakland, CA; Ms. Jennifer A. Marshall, Director of Domestic
Policy Studies, Heritage Foundation, Washington, DC; and Mr.
Chuck Grable, Assistant Superintendent for Instruction,
Huntington County Community School Corporation, Huntington, IN.
On Wednesday, April 6, 2011, the Committee on Education and
the Workforce held a hearing on ``Streamlining Federal
Education and Workforce Programs: A Look at the GAO Report on
Government Waste.'' The purpose of this hearing was to examine
wasteful government spending as outlined in the March 2011
Government Accountability Office (GAO) report entitled,
``Opportunities to Reduce Potential Duplication in Government
Programs, Save Tax Dollars, and Enhance Revenue.'' This report
found several instances of overlapping federal programs,
including 82 individual teacher quality programs administered
by multiple agencies. Testifying before the Committee was The
Honorable Gene Dodaro, Comptroller General, U.S. Government
Accountability Office, Washington, DC.
On Thursday, April 7, 2011, the Committee on Education and
the Workforce held a hearing on ``Education Reforms: Promoting
Flexibility and Innovation.'' The purpose of the hearing was to
discuss the appropriate federal role in K-12 education and
explore the work of state and local education leaders who are
pushing for innovative approaches to education reform and
greater state and local flexibility. Testifying before the
Committee were: Dr. Janet Barresi, Oklahoma State
Superintendent of Public Instruction, Oklahoma City, OK; Dr.
Gary Amoroso, Superintendent, Lakeville Area Public Schools,
Lakeville, MN; Mr. Yohance Maqubela, Chief Operating Officer,
Howard University Middle School of Mathematics and Science,
Washington, DC; and Dr. Terry Grier, Superintendent, Houston
Independent School District, Houston, TX.
Legislative action
On May 13, 2011, Rep. Duncan Hunter (R-CA), Rep. John Kline
(R-MN), and Rep. Howard P. ``Buck'' McKeon (R-CA) introduced
H.R. 1891, The Setting New Priorities in Education Spending
Act. This bill repeals 43 ineffective and wasteful programs
authorized under the Elementary and Secondary Education Act.
The Committee on Education and the Workforce considered
H.R. 1891 in legislative session on Wednesday, May 25, 2011 and
reported it favorably, as amended, to the House of
Representatives by a vote of 23-16. The Committee considered
and adopted the following amendments to H.R. 1891:
Representative Duncan Hunter (R-CA) offered an
amendment in the nature of a substitute to make technical and
clarifying changes to the legislation. The amendment was
adopted by voice vote.
Representative Todd Russell Platts (R-PA) offered
an amendment to restore the authorization for the Parent
Information and Resource Center (PIRC) program. The amendment
passed by a vote of 20-19.
The Committee further considered the following amendments
to H.R. 1891, which were not adopted:
Representative Dale Kildee (D-MI) offered an
amendment to amend Reading First to offer literacy services in
grades PreK to 12. This amendment failed by a vote of 16-23.
Representative Rush Holt (D-NJ) offered an
amendment to amend the Fund for the Improvement of Education to
support foreign language education and other activities. This
amendment failed by a vote of 16-23.
Representative David Loebsack (D-IA) offered an
amendment to amend the Safe and Drug Free Schools program to
provide nonacademic support services for students. This
amendment failed by a vote of 16-23.
Representative Robert C. ``Bobby'' Scott (D-VA)
offered an amendment to amend Local Innovative Education
Programs to provide strategies for dropout prevention and
efforts to strengthen teacher effectiveness. This amendment
failed by a vote of 16-23.
Representative Todd Russell Platts (R-PA) offered
an amendment to restore the authorization for the William F.
Goodling Even Start Family Literacy Program. This amendment
failed by a vote of 18-21.
Representative Susan Davis (D-CA) offered an
amendment to amend the Teacher Quality State Grant program to
support teacher and leader recruitment and development. This
amendment failed by a vote of 16-23.
Representative Mazie Hirono (D-HI) offered an
amendment to restore the authorization for Native Hawaiian
Education and Alaska Native Education Equity. This amendment
failed by a vote of 16-23.
Below is a summary of H.R. 1891.
Summary
Short title
Section 1 gives the short title of the bill as the Setting
New Priorities in Education Spending Act.
Elementary and secondary education programs
Section 2 permanently repeals the authorizations for the
following programs and makes technical and conforming changes:
Early Reading First: The Early Reading First
program provided funding for early childhood centers that focus
on basic language, cognitive, and pre-reading skills.
William F. Goodling Even Start Family Literacy
Program: The Even Start Program offered grants to certain low-
income family literacy projects.
Improving Literacy Through School Libraries: The
Improving Literacy Through School Libraries program provided
additional funding for school library media centers, materials,
and media specialists.
Demonstrations of Innovative Practices: Striving
Readers, a childhood literacy program had been funded under the
authority of this authorization.
Close Up Fellowship Program: The Close Up
Fellowship Program, which was administered by a private
foundation, provided financial aid for low-income students,
their teachers, and recent immigrants to come to Washington,
DC.
Comprehensive School Reform: The Comprehensive
School Reform program provided formula grants for use in
schools identified as needing improvement.
School Dropout Prevention: The School Dropout
Prevention program (High School Graduation Initiative) provided
grants to help schools increase high school graduation rates.
School Leadership: The School Leadership program
provided grants to recruit, train, and mentor principals for
high-need school districts.
Advanced Certification or Advanced Credentialing:
The Advanced Certification or Advanced Credentialing program
was operated by the National Board for Professional Teaching
Standards (NBPTS), a private organization, and provided funding
for professional development.
Special Education Teacher Training: The Special
Education Teacher Training program provided funds to the
University of Northern Colorado to train special education
teachers.
Early Childhood Educator Professional Development:
The Early Childhood Educator Professional Development program
offered grants to higher education institutions that provide
professional development for early childhood educators who work
with low-income families.
Teacher Mobility: The National Panel on Teacher
Mobility was created to study strategies for increasing
mobility and employment opportunities for teachers.
National Writing Project: The Department of
Education provided funds to The National Writing Project, a
private organization, to support programs that train teachers
in teaching students how to write.
Teaching of Traditional American History: The
Teaching of Traditional American History Grant program provided
competitive grants to elementary and secondary schools that
teach American history as a separate academic subject.
Enhancing Education Through Technology (Ed-Tech):
Ed-Tech provided grants to State Educational Agencies (SEAs) to
help elementary and secondary school students become
``technologically literate.''
Ready to Learn Television: Ready to Learn
Television provided funding for the development of educational
television.
Improving Language Instruction Educational
Programs: The Improving Language Instruction Educational
Programs were designed to help limited English proficient
students meet the same standards for academic achievement that
all children are expected to meet.
Bilingual and Emergency Immigrant Education
Program: The Bilingual and Emergency Immigrant Education
Program provided funding to school districts that experience
unexpectedly large increases in student population due to
immigration.
State Grants for Safe and Drug-Free Schools and
Communities: The Safe and Drug-Free Schools and Communities
program funded certain drug-abuse and violence-prevention
activities.
Grants to Reduce Alcohol Abuse: The Grants to
Reduce Alcohol Abuse program provided funding for alcohol abuse
prevention programs.
Mentoring Program: Mentoring Program grants
supported school-based mentoring programs for certain children
living in rural, high-crime, or troubled home environments.
Elementary and Secondary School Counseling
Program: The Elementary and Secondary School Counseling Program
provided funding to school districts to establish or expand
elementary and secondary school counseling programs.
Partnerships in Character Education: The
Partnerships in Character Education program provided grants for
programs that educate students on elements of character such as
caring, justice, forgiveness, and any other elements deemed
appropriate.
Smaller Learning Communities (SLC): SLC provided
discretionary grants to school districts for use in public high
schools with 1,000 or more students. SLCs included structures
such as freshman academies, academies around career interests,
student advisories, family advocate systems, and mentoring
programs.
Reading is Fundamental (RIF): RIF was a childhood
literacy program.
Javits Gifted and Talented: The Jacob K. Javits
Gifted and Talented Students Education program provided grants
for elementary and secondary schools to meet the needs of
gifted and talented students.
Star Schools: The Star Schools program provided
grants to support distance education projects.
Ready to Teach Grant Program: The Ready to Teach
Grant Program supported online professional development for
certain teachers and the development of educational video
programming.
Foreign Language Assistance Program: The Foreign
Language Assistance Program provided grants for foreign
language instruction.
Carol M. White Physical Education Program: The
Carol M. White Physical Education Program provided grants to
school districts and community-based organizations to initiate
or expand physical education programs.
Community Technology Centers: The Community
Technology Centers program was designed to provide residents of
economically distressed urban and rural communities with
increased access to information technology.
Educational, Cultural, Apprenticeship, and
Exchange Programs for Alaska Natives, Native Hawaiians, and
Their Historical Whaling and Trading Partners in Massachusetts:
The Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners program directed funds to certain
entities in Alaska, Hawaii, and Massachusetts that support
projects and education programs to increase understanding of
cultural diversity.
Excellence in Economic Education: The Excellence
in Economic Education program supported limited teaching of
economic and financial literacy to kindergarten through 12th
grade students.
Grants To Improve the Mental Health of Children,
Mental Health Integration: Grants for Mental Health Integration
in Schools provided funding to SEAs, school districts, and
Indian tribes to increase student access to mental health care
by developing programs that link school systems with mental
health systems.
Grants To Improve the Mental Health of Children,
Foundations for Learning: The Foundations for Learning program
made competitive grants to school districts, local councils,
community-based organizations, and other public and nonprofit
entities for children's development and school readiness.
Arts in Education: The Arts in Education program
funded professional development for arts teachers in high-
poverty schools; replication of arts programs across school
districts; and targeted awards to the John F. Kennedy Center
for the Performing Arts and VSA Arts.
Combating Domestic Violence: The Combating
Domestic Violence program was designed to award grants to
school districts for educating teachers, staff, and students on
domestic violence issues.
Healthy, High-Performance Schools: The Healthy,
High-Performance Schools program was designed to award grants
to schools for reducing energy use, meeting federal and state
health and safety codes, and supporting healthful, energy
efficient, and environmentally sound practices.
Additional Assistance for LEAs Impacted by Federal
Property Acquisition: This program provided additional
assistance for eligible LEAs already receiving Impact Aid.
Women's Educational Equity: The Women's
Educational Equity program promoted educational equity for
women and girls.
Native Hawaiian Education: The Native Hawaiian
Education program provided grants to Native Hawaiian
organizations and agencies to develop education programs for
native Hawaiian students.
Alaska Native Education Equity: The Alaska Native
Education Equity program provided funding to Alaska Native
nonprofits and other organizations to develop education
programs for Alaska Native students.
Committee Views
Background
In 1965, Congress passed the Elementary and Secondary
Education Act (ESEA) with the limited goal of providing states
and local school districts additional resources to ensure
disadvantaged students have access to a quality education. The
importance of ensuring students have the skills necessary to
graduate high school and enroll in postsecondary education is
clear. A well-educated workforce is directly tied to the
nation's ability to create jobs and maintain our competitive
edge in a global economy.
In the more than four decades since passage of ESEA,
federal control of education has steadily increased and
spending has exploded. Today, the United States spends more
than $10,000 per pupil per year, nearly triple what was spent
in 1965.\1\ Despite this record investment in public education
by federal, state, and local governments, national academic
performance has not improved. Math and reading scores have
largely remained flat, graduation rates have stagnated, and
researchers have found serious shortcomings with many federal
education programs.
---------------------------------------------------------------------------
\1\U.S. Department of Education, National Center for Education
Statistics. (2010). Digest of Education Statistics, 2009 (NCES 2010-
013) Table 180 and Chapter 2.
---------------------------------------------------------------------------
The last 30 years have seen particularly dramatic increases
in federal spending. U.S. Department of Education K-12 funding
increased from less than $7 billion in 1980 to almost $38
billion in 2008. The last three years have seen another spike
in federal spending. With the passage of the American Recovery
and Reinvestment Act (ARRA), the Department's K-12 budget
ballooned to almost $119 billion in 2009, nearly tripling in
one year. As the following chart shows, federal support for
elementary and secondary education represents 10.8 percent of
all education spending in the United States in 2010-2011. This
represents a significant growth from 2008, when the federal
share of education spending stood at 7.8 percent.\2\
---------------------------------------------------------------------------
\2\``FY2012 Education Budget Summary and Background Information,''
U.S. Department of Education, p.93.
EDUCATION FUNDING BY SOURCE
[In billions]
----------------------------------------------------------------------------------------------------------------
Dollars Percent Dollars Percent
Funding source 2009-2010 2009-2010 2010-2011 2010-2011
----------------------------------------------------------------------------------------------------------------
Federal government.......................................... 66.0 10.1 71.0 10.8
State government............................................ 287.0 44.2 288.0 43.6
Local government............................................ 23.0 36.4 240.0 36.3
All other................................................... 60.0 9.3 62.0 9.3
---------------------------------------------------
Total................................................... 650.0 100.0 662.0 100.0
----------------------------------------------------------------------------------------------------------------
The United States is a world leader in education spending.
The United States spends more public and private money on
education than all but three other developed countries in the
world. Using 2007 data from the Organization for Economic
Cooperation and Development (OECD), the National Center on
Education Statistics reported this year that the United States
spent 7.6 percent of GDP on education, second only to Iceland's
7.8 percent.\3\
---------------------------------------------------------------------------
\3\U.S. Department of Education, National Center for Education
Statistics. (2011). The Condition of Education 2011, Indicator 38
Education Expenditures by Country.
---------------------------------------------------------------------------
Despite these investments, student achievement has remained
flat. In testimony submitted to the Committee, Andrew Coulson
from the non-profit CATO Institute stated that math and reading
scores for graduating high school seniors have remained
unchanged over the last 40 years, while science scores have
declined slightly. This tracks with international comparisons.
The OECD's latest Programme for International Student
Assessment report, released in December of last year, ranked
the United States 17th in reading, 31st in math, and 23rd in
science among developed nations.\4\ As Mr. Coulson stated, ``To
sum up, we have little to show for the $2 trillion in federal
education spending of the past half century. In the face of
concerted and unflagging efforts by Congress and the states . .
. it now costs three times as much to provide essentially the
same education as we provided in 1970 . . . The only thing
[spending] appears to have accomplished is to apply the brakes
to the nation's economic growth, by taxing trillions of dollars
out of the productive sector of the economy and spending it on
ineffective programs.''\5\
---------------------------------------------------------------------------
\4\``Highlights from PISA 2009,'' NCES, 2010.
\5\``Education in the Nation: Examining the Challenges and
Opportunities Facing America's Classrooms,'' hearing before the House
Committee on Education and the Workforce, 112th Congress, 1st Session
(February 10, 2011) (written testimony of Andrew Coulson).
---------------------------------------------------------------------------
The Committee is pursuing a new approach to education
reform by re-evaluating the federal role in elementary and
secondary education. The federal government is too involved in
our nation's classrooms, and we believe states and local school
districts should bear the primary responsibility for public
education. We aim to reduce the size and scope of the
Department of Education, roll back federal bureaucratic
requirements and regulations, and eliminate and consolidate
ineffective and duplicative federal education programs to help
balance the budget and get the federal deficit and debt under
control. These efforts will empower parents, teachers, and
school leaders to address unacceptable achievement gaps and
successfully prepare students for postsecondary education and
the workforce.
H.R. 1891 is the first step in the Committee's education
reform efforts. Under the current Elementary and Secondary
Education Act, the U.S. Department of Education operates more
than 80 separate programs. Many of these are duplicative,
ineffective, or too small to have a meaningful impact, which
results in waste and inefficiency. As the Council of the Great
City Schools stated in its letter of support for this
legislation, ``. . . an array of small grant programs
contributes little to the academic attainment necessary for
national competitiveness nor helps overcome the achievement
gaps that serve as a persistent barrier to educational and
economic opportunity.''\6\
---------------------------------------------------------------------------
\6\Letter from the Council of Great City Schools to The Honorable
John Kline, Chairman, Education and the Workforce Committee, May 23,
2011.
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Programs eliminated
H.R. 1891 begins the process of reducing waste and
inefficiencies in current law by repealing the authorizations
of 42 separate elementary and secondary programs. Of the
programs eliminated, 14 were defunded in H.R. 1473, the Full
Year FY 2011 Continuing Resolution (FY 2011 CR), which was
supported by an overwhelming bipartisan majority of this
Committee and was signed into law by the President. Sixteen
were proposed for consolidation or elimination in the
President's FY 2012 budget proposal. Six are considered
earmarks under Clause 9 of House rule XXI. Following is the
list of programs eliminated in the bill.
Early Reading First: The Early Reading First
program has not been funded since FY 2009. A Department of
Education evaluation of the program in 2007 had only mixed
results, calling into question the program's effectiveness in
improving student outcomes.\7\ The program is also duplicative
of the Head Start program and other early learning programs
that have recently been expanded, such as the Race to the Top
Early Learning Challenge Grant. While early childhood programs
serve a noble goal, the Committee believes that the Elementary
and Secondary Education Act's focus should remain on K-12
education.
---------------------------------------------------------------------------
\7\U.S. Department of Education, Institute for Education Sciences,
National Center for Education Evaluation and Regional Assistance.
``National Evaluation of Early Reading First, Final Report to
Congress.'' May 2007.
---------------------------------------------------------------------------
William F. Goodling Even Start Family Literacy
Program: The Even Start Program was defunded in the FY 2011 CR.
It is duplicative of the existing Title I Aid for the
Disadvantaged program, which provides funds to states and
school districts to assist low-income students excel
academically. Family literacy is also a supported activity
under the 21st Century Community Learning Centers program.
Additionally, Title II of the Workforce Investment Act helps
adults in need of literacy services obtain the educational
skills necessary to become full partners in the educational
development of their children. Finally, the Third National Even
Start Evaluation from the Department of Education found that
children and parents scored low on literacy measures compared
to national norms when they exited the program.\8\
---------------------------------------------------------------------------
\8\U.S. Department of Education, ``Third National Even Start
Evaluation: Program Impacts and Implications for Improvement,'' 2003.
---------------------------------------------------------------------------
Improving Literacy Through School Libraries: The
Improving Literacy Through School Libraries program was
defunded in the FY 2011 CR. When it was received funding, it
had a limited reach. Only 50 grants were awarded in FY 2010 and
several states have never received funding under this program.
The program is duplicative of the existing Title I Aid for the
Disadvantaged program and programs under the Institute of
Museum and Library Sciences. The President's FY 2012 budget
proposed consolidating this program, indicating a broad
bipartisan consensus that the goals of this program can be
accomplished through other activities.
Demonstrations of Innovative Practices: Striving
Readers, which has been funded under this authorization, was
defunded in the FY 2011 CR. Striving Readers has never been
authorized under the Elementary and Secondary Education Act,
but has been supported through appropriations language. The
program is duplicative of the Title I Aid for the Disadvantaged
program, which provides funds to states and school districts to
help low-income students excel academically. The President's FY
2012 budget proposed consolidating this program.
Close Up Fellowship Program: The Close Up
Fellowship Program directs noncompetitive funds to the Close Up
Foundation, which classifies it as an earmark under Clause 9 of
House Rule XXI. The program was defunded in the FY 2011 CR. The
President's budget proposed no funds for this program, arguing
that the Close Up Foundation has enough private financial
support to continue the program.
Comprehensive School Reform: The Comprehensive
School Reform (CSR) program has not been funded since FY 2008.
A March 2011 report evaluating the CSR model found that just 12
of 262 CSR schools made significant improvements in reading and
mathematics. The report further stated, ``For CSR-funded
schools, at least in the first part of the decade, turnaround
was a distinctly rare event, one not easily generated through
federal policy intervention.''\9\
---------------------------------------------------------------------------
\9\WestEd, ``The Federal Comprehensive School Reform Program and
School Turnaround: Key Evaluation Findings,'' March 29, 2011.
---------------------------------------------------------------------------
School Dropout Prevention/High School Graduation
Initiative: The High School Graduation Initiative was created
through the appropriations process in FY 2010 after the
existing Dropout Prevention program was defunded because of its
ineffectiveness. The new program is too small to make a
meaningful impact, with only 27 school districts and two states
receiving funding in FY 2010. The program is also duplicative
of the Title I Aid to the Disadvantaged program and the School
Improvement Grant program, both of which support similar
dropout prevention activities.
School Leadership: The School Leadership program
has had a limited impact on national efforts to increase
student academic achievement. For example, in FY 2009 and 2010,
only 21 grants were awarded. The program is also duplicative of
the existing Title II Teacher Quality State Grants program,
which provides resources to all states for professional
development for school leaders.
Advanced Certification or Advanced Credentialing:
The Advanced Certification or Advanced Credentialing program is
operated by the National Board for Professional Teaching
Standards (NBPTS) and provides funding for professional
development. The program is considered an earmark under Clause
9 of House rule XXI. The program was defunded in the FY 2011
CR, and is duplicative of the Title II Teacher Quality State
Grants program.
Special Education Teacher Training: The Special
Education Teacher Training program assists the University of
Northern Colorado train special education teachers. The program
is considered an earmark under Clause 9 of House rule XXI. The
program is also duplicative of the Title II Teacher Quality
State Grant program and teacher training and professional
development programs under Part D of the Individuals with
Disabilities Education Act.
Early Childhood Educator Professional Development:
The Early Childhood Educator Professional Development program
has not received funding since FY 2007. The program is
duplicative of the Title II Teacher Quality State Grants
program and Title II of the Higher Education Act, which
provides funds to institutions of higher education to fund
professional development and teacher training activities.
Teacher Mobility: The National Panel on Teacher
Mobility program has never been funded and is duplicative of
the Title II Teacher Quality State Grants program.
National Writing Project: This program provides
noncompetitive funds to the National Writing Project, a non-
profit organization. The program is considered an earmark in
violation of Clause 9 of House rule XXI. The program was
defunded in the FY 2011 CR and is duplicative of the Title I
Aid to the Disadvantaged and Title II Teacher Quality State
Grants programs. Little is known about the effectiveness of
this program, and the Office of Management and Budget's (OMB)
Program Assessment Rating Tool (PART) review found insufficient
evidence of its effectiveness.\10\
---------------------------------------------------------------------------
\10\National Writing Project Program Assessment. Office of
Management and Budget, ExpectMore.gov. 2004.
---------------------------------------------------------------------------
Teaching of Traditional American History: The
Teaching of Traditional American History program has yielded
questionable results from numerous evaluations that call into
question its effectiveness and impact on increasing student
achievement. For example, OMB's PART review found no
demonstrated results from the program and determined it was
duplicative of the Title II Teacher Quality State Grants
program.\11\ A follow-up Department of Education evaluation
found that program participants demonstrated a ``limited
ability to analyze and interpret historical data'' and that
``projects were not well integrated with other local, state and
federal teacher development initiatives.''\12\ The President's
FY 2012 budget proposal consolidates this program.
---------------------------------------------------------------------------
\11\Teaching of Traditional American History Program Assessment,
Office of Management and Budget, ExpectMore.gov. 2004.
\12\Humphrey, Daniel C., et. al, ``Evaluation of the Teaching
American History Program,'' Executive Summary, Page xvi. For the U.S.
Department of Education. 2005.
---------------------------------------------------------------------------
Enhancing Education Through Technology (Ed-Tech):
Ed-Tech was defunded in the FY 2011 CR. The OMB PART review
found insufficient data for demonstrating the program's impact
on student achievement.''\13\ Elementary and secondary schools
offer a greater level of technology infrastructure than just a
few years ago, and there is no longer a significant need for a
separate program limited to the integration of technology into
schools and classrooms. States and school districts that still
have this need can use funds from the Title I Aid to
Disadvantaged students and Title II Teacher Quality State
Grants programs.
---------------------------------------------------------------------------
\13\Enhancing Education Through Technology Program Assessment.
Office of Management and Budget, ExpectMore.gov. 2005.
---------------------------------------------------------------------------
Ready To Learn Television: Ready to Learn
Television has had a limited impact on student achievement.
OMB's PART evaluation found insubstantial effects on student
outcomes.\14\ In FY 2010, only three grants were awarded, the
largest of which was the Corporation for Public Broadcasting,
which received $430 million in direct appropriations in the FY
2011 CR.
---------------------------------------------------------------------------
\14\Ready to Learn Television Program Assessment. Office of
Management and Budget, ExpectMore.gov. 2004.
---------------------------------------------------------------------------
Improving Language Instruction Educational
Programs: The Improving Language Instruction Educational
Programs have never been funded, and are duplicative of the
Title I Aid for the Disadvantaged and the Title III English
Language Acquisition programs. Furthermore, all states
receiving Title I money are held accountable for the
achievement of immigrant students and limited English
proficient students.
Bilingual and Emergency Immigrant Education
Program: The Bilingual and Emergency Immigrant Education
program has not been funded since FY 2001 and is duplicative of
the Title I Aid for the Disadvantaged and the Title III English
Language Acquisition programs. Furthermore, all states
receiving Title I money are held accountable for the
achievement of immigrant students and limited English
proficient students.
State Grants for Safe and Drug-Free Schools and
Communities: The Safe and Drug-Free Schools and Communities
program has not been funded since FY 2009. The OMB PART review
rated the program as ``Ineffective'' because of its inability
to demonstrate any measurable student outcome results.\15\ The
evaluation also found that grant funds were spread too thin to
support quality interventions. According to the Department of
Education, nearly two-thirds of grant recipients received
allocations of less than $10,000. The activities of this
program can be supported by the Safe and Drug-Free Schools and
Communities National Programs and the 21st Century Community
Learning Center program.
---------------------------------------------------------------------------
\15\State Grants for Safe and Drug-Free Schools and Communities
Assessment. Office of Management and Budget, ExpectMore.gov, 2002.
---------------------------------------------------------------------------
Grants To Reduce Alcohol Abuse: The Grants to
Reduce Alcohol Abuse program received only $6.9 million in the
FY 2011 CR, representing a dramatic cut from FY 2010 and FY
2009 levels. The program is duplicative of activities that can
be supported as part of the 21st Century Community Learning
Centers program, which provides funds to school districts to
support efforts that assist students in academic enrichment
activities, including drug and violence prevention. The
President's FY 2012 budget consolidates the program.
Mentoring Program: The Mentoring Program has not
received funding since FY 2009. The OMB PART evaluation found
no evidence of success and reported the program is duplicative
of multiple state and local mentoring programs.\16\ Mentoring
is also being supported through the U.S. Department of
Justice's Office of Juvenile Justice and Delinquency
Prevention. Through the American Recovery and Reinvestment Act,
projects were awarded for up to $500,000.
---------------------------------------------------------------------------
\16\Mentoring Program Assessment. Office of Management and Budget,
ExpectMore.gov, 2006.
---------------------------------------------------------------------------
Elementary and Secondary School Counseling
Program: The Elementary and Secondary School Counseling Program
has had a limited impact on student achievement. In FY 2010,
just 42 school districts in 20 states were awarded grants under
this program. In general, school counselors are supported with
state and local funds, but the Title I Aid for the
Disadvantaged program, the 21st Century Community Learning
Centers program, and the Homeless Education program all support
counseling services for at-risk populations.
Partnerships in Character Education: The
Partnerships in Character Education program has not received
funding since FY 2009. The program has an extremely limited
impact. In FY 2008, only three school districts received
grants, and since 2004, only 20 states plus Guam and the
District of Columbia have received any funding. The Department
of Education's Institute of Education Sciences conducted a
review of more than 40 Character Education programs for the
What Works Clearinghouse and found only two with positive
results.\17\
---------------------------------------------------------------------------
\17\Pearson, Ann E., et. al, ``Survey of Outcomes Measurement in
Research on Character Education Programs.'' U.S. Department of
Education, Institute of Education Sciences. 2009.
---------------------------------------------------------------------------
Smaller Learning Communities (SLC): SLC was
defunded in the FY 2011 CR. A 2008 Department of Education
review of long-term outcomes from this program found no
meaningful trends in student achievement.\18\ The program is
also duplicative of the Title I Aid to the Disadvantaged
program and School Improvement Grants.
---------------------------------------------------------------------------
\18\Bernstein, Lawrence, et. al. ``Implementation Study of Smaller
Learning Communities Final Report.'' U.S. Department of Education,
2008.
---------------------------------------------------------------------------
Reading is Fundamental (RIF): RIF is a non-profit
organization that receives a non-competitive grant through the
program. Because of this, it is considered an earmark under
Clause 9 of House rule XXI. The program was defunded in the FY
2011 CR. The program is also duplicative of the Title I Aid for
the Disadvantaged program.
Javits Gifted and Talented: The Jacob K. Javits
Gifted and Talented Students Education program was defunded in
the FY 2011 CR. The program has had a very limited impact, with
only 16 grants awarded in the last five years. In addition,
states and school districts can use funds from other programs
to support the activities of this program. For example, the
Title II Teacher Quality State Grants program can support
professional development for teachers working with gifted and
talented students.
Star Schools: The Star Schools program has not
been funded since FY 2007, and new awards have not been made
since 2005, demonstrating the limited impact this program has
had. States and school districts wishing to support the
program's activities can use funds under the existing Title II
Teacher Quality State Grants program for professional
development to train teachers in technology-based instruction.
Ready To Teach Grant Program: The Ready to Teach
Grant program was funded in FY 2010. However, those funds were
rescinded as an offset to the Education Jobs Fund. The program
was not funded in the FY 2011 CR. Between FY 2005 and FY 2009,
only two to four grants were awarded per year, demonstrating
the limited impact of this program. It is also duplicative of
the existing Title II Teacher Quality State Grants program.
Foreign Language Assistance Program: The Foreign
Language Assistance program has had a very limited impact at
the national level, with only 35 new awards in FY 2010. Funds
from the Title I Aid for the Disadvantaged program, Title II
Teacher Quality State Grants program, and the Higher Education
Act could all be used to support foreign language programs.
Carol M. White Physical Education Program: The
Carol M. White Physical Education program is duplicative of
initiatives administered by the Centers for Disease Control and
projects and school wellness policies created and funded under
the Child Nutrition Act that promote nutrition education,
physical activity, and obesity prevention. Ultimately, the
decision to purchase sports equipment or support the other
activities of this program should be made at the state and
local level.
Community Technology Centers: The Community
Technology Centers program has not been funded since FY 2005,
when it only received $5 million. Other federal programs can
support these activities. For example, local public housing
authorities and non-profit organizations can apply to the
Department of Housing and Urban Development for grants to
establish, operate, and expand computer centers, known as
Neighborhood Network Centers. Funds are also available through
the Opportunity Corps, which was established during the last
reauthorization of the National and Community Service Act.
Educational, Cultural, Apprenticeship, and
Exchange Programs for Alaska Natives, Native Hawaiians, and
their Historical Whaling and Trading Partners in Massachusetts:
This program earmarks funds for certain entities in Alaska,
Hawaii, and Massachusetts that support projects and education
programs to increase understanding of cultural diversity. The
program is considered an earmark under Clause 9 of House rule
XXI. The program was defunded in the FY 2011 CR and the
President's FY 2012 budget proposed its elimination.
Excellence in Economic Education: The Excellence
in Economic Education program is a very small categorical
program that has received only $5.6 million total over the last
four years. The program supports the Council for Economic
Education, a nonprofit organization that receives the support
of many private individuals and corporations. The program does
not need federal support to fulfill its mission, and is
duplicative of other existing federal efforts. A 2009 RAND
survey, recently verified by the Government Accountability
Office, found that there are 21 federal agencies offering a
total of 56 economic and financial literacy programs.\19\
---------------------------------------------------------------------------
\19\Government Accountability Office, Report to Congress on List of
Selected Federal Programs That Have Similar or Overlapping Objectives,
Provide Similar Services, or are Fragmented Across Government Missions.
March 18, 2011.
---------------------------------------------------------------------------
Grants To Improve the Mental Health of Children,
Mental Health Integration: This Mental Health Integration
program was defunded in the FY 2011 CR. It has had a limited
impact, with only 16 school districts receiving awards in FY
2010. States and school districts that wish to support mental
health activities for at-risk populations can use funds under
the Title I Neglected and Delinquent Youth program, the 21st
Century Community Learning Centers program, and the Homeless
Education program.
Grants To Improve the Mental Health of Children,
Foundations for Learning: This Foundations for Learning program
was defunded in the FY 2011 CR. It has had a limited impact,
with only four school districts receiving awards in FY 2009.
States and school districts that wish to support mental health
activities for at-risk populations can use funds under the
Title I Neglected and Delinquent Youth program, the 21st
Century Community Learning Centers program, and the Homeless
Education program.
Arts in Education: The Arts in Education program
has two parts. A portion of the funds are awarded
noncompetitively to two nonprofit organizations, The Kennedy
Center and VSA Arts, which makes this portion of the program an
earmark under Clause 9 of House rule XXI. The second part of
the program provides funds to school districts to implement
arts education, including professional development for
teachers. These activities are duplicative of the Title II
Teacher Quality State Grants program. The President's FY 2012
budget proposes consolidating this program.
Combating Domestic Violence: The Combating
Domestic Violence program has never been funded and has,
therefore, had no national impact. Numerous other federal grant
programs, primarily at the Departments of Justice and Health
and Human Services, address the impact of family and domestic
violence on school-aged children.
Healthy, High-Performance Schools: The Healthy,
High-Performing Schools program has never been funded and has,
therefore, had no national impact. The federal government has
historically stayed out of state and local funding decisions
involving the repair and modernization of school buildings and
opposed efforts to create national school construction
programs. Despite this, the American Recovery and Reinvestment
Act created a pot of funds to help schools and districts with
modernization projects, reinforcing the need to eliminate this
program.
Additional Assistance for LEAs Impacted by Federal
Property Acquisition: This program has never been funded and
has, therefore, had no national impact. It is also duplicative
of the existing Impact Aid program, which provides funds to
school districts adversely impacted by the presence of federal
property such as Indian lands, military bases, or national
forests and parks.
Women's Educational Equity: The Women's
Educational Equity program was defunded in the FY 2011 CR and
was proposed for elimination in the President's FY 2012 budget.
A number of studies and reports over the last decade have shown
that women have made educational gains matching or exceeding
those of their male peers. A recent briefing by the Boys
Initiative revealed, among other things, that ``boys both
dropout of high school and receive disciplinary action,
including expulsion, more often than girls.''\20\
---------------------------------------------------------------------------
\20\Boys Initiative Washington, DC Briefing. ``The State of Boys in
America: A Briefing on the Latest Research Findings and What They Mean
for America in an Increasingly Competitive World.'' May 17, 2011.
---------------------------------------------------------------------------
Native Hawaiian Education: The Native Hawaiian
Education program is duplicative of the Title I Aid to the
Disadvantaged program, which already targets funds to
disadvantaged students to increase academic achievement. In
2010-2011, Hawaii received more than $42.6 million in Title I
funds. If the state has additional needs, the Committee should
address this problem through formula changes to the Title I
program. Hawaii also receives funding under other major federal
education programs, including the Title II Teacher Quality
State Grants program, Rural Education initiatives, and the 21st
Century Community Learning Centers program. Further, the
effectiveness of this program has been called into question.
The program's most recent performance report found that it
failed to meet any of its objectives.\21\
---------------------------------------------------------------------------
\21\U.S. Department of Education, FY 2007 Education for Native
Hawaiians Performance Report.
---------------------------------------------------------------------------
Alaska Native Education Equity: The Alaska Native
Education Equity program is duplicative of the Title I Aid to
the Disadvantaged program, which already targets funds to
disadvantaged students to increase academic achievement. In
2010-2011, Alaska received more than $37.2 million in Title I
funds. If the state has additional needs, the Committee should
address this problem through formula changes to the Title I
program. Alaska also receives funding under other major federal
education programs, including the Title II Teacher Quality
State Grants program, Rural Education initiatives, and the 21st
Century Community Learning Centers program.
Conclusion
H.R. 1891 is the first in a series of education reform
bills geared toward streamlining and simplifying the federal
role in education so that states, school districts, parents,
and teachers are empowered to pursue innovative reforms that
meet the needs of their students. It is an important initial
step that will help reduce the federal government's footprint
in K-12 classrooms and ensure taxpayer dollars are not wasted
on unnecessary, inefficient elementary and secondary education
programs.
Section-by-Section Analysis
SECTION 1. SHORT TITLE
States the short title as the ``Setting New Priorities in
Education Spending Act.''
SECTION 2. ELEMENTARY AND SECONDARY EDUCATION PROGRAMS
Repeals the following provisions of the Elementary and
Secondary Education Act of 1965: Early Reading First; William
F. Goodling Even Start Family Literacy Program; Improving
Literacy through School Libraries; Demonstrations of Innovative
Practices; Close Up Fellowship Program; Comprehensive School
Reform; School Dropout Prevention; School Leadership; Advanced
Certification or Advanced Credentialing; Special Education
Teacher Training; Early Childhood Educator Professional
Development; Teacher Mobility; National Writing Project;
Teaching of Traditional American History; Enhancing Education
through Technology, including Ready to Learn Television;
Improving Language Instruction Educational Programs for
Academic Achievement Act, including the Bilingual and Emergency
Immigrant Education Program; State Grants for Safe and Drug-
Free Schools and Communities; Grants to Reduce Alcohol Abuse;
Mentoring Programs; Elementary and Secondary School Counseling
Programs; Partnerships in Character Education; Smaller Learning
Communities; Reading is Fundamental; Javits Gifted and Talented
Students; Start Schools Act; Ready to Teach Program; Foreign
Language Assistance Act of 2001; Carol M. White Physical
Education Program; Community Technology Centers; Educational,
Cultural, Apprenticeship, and Exchange Programs for Alaska
Natives, Native Hawaiians, and their Historical Whaling and
Trading Partners in Massachusetts; Excellence in Economic
Education; Grants to Improve the Mental Health of Children,
including Mental Health Integration and Foundations for
Learning; Arts in Education; Combating Domestic Violence;
Healthy, High-Performance Schools; Additional Assistance for
Certain Local Educational Agencies Impacted by Federal Property
Acquisition; Women's Educational Equity Act of 2001; Native
Hawaiian Education Act; Alaska Native Educational Equity,
Support, and Assistance Act.
Makes technical and conforming changes to the Elementary
and Secondary Education Act of 1965.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are 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. H.R. 1891 repeals 42 K-12 education programs under the
Elementary and Secondary Education Act of 1965. H.R. 1891 would
have no direct impact on the Legislative Branch.
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. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 1891 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House rule XXI.
Roll Call 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 General Performance Goals and Objectives
In accordance with clause (3)(c) of House rule XIII, the
goal of H.R. 1891 is to streamline and simplify the federal
role in education by repealing the authorization of
unnecessary, inefficient elementary and secondary education
programs. The Committee expects the Department of Education to
comply with these provisions and implement the changes to the
law in accordance with these stated goals.
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 CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following estimate for H.R. 1891 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 1, 2011.
Hon. John Kline,
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. 1891, the Setting
New Priorities in Education Spending Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1891--Setting New Priorities in Education Spending Act
H.R. 1891 would amend the Elementary and Secondary
Education Act of 1965 to eliminate more than 40 discretionary
grant programs. For 2011, the Department of Education allocated
$413 million in funding from amounts appropriated in the
Department of Defense and Full-Year Continuing Appropriations
Act, 2011 (P.L. 112-10) to programs that would be eliminated by
H.R. 1891. Under current law, however, the funds allocated to
those programs may be used for other grant programs that would
not be eliminated by the bill.
Because annual appropriations to the Department of
Education can be used for other programs, enacting the bill
would not have a significant effect on spending from the
appropriation provided for 2011. Furthermore, the
authorizations for all of the programs specified in the bill
have expired, so CBO estimates the bill would have no impact on
such authorization levels. However, savings would accrue--as
compared to 2011 appropriation levels--if the total amounts
provided in 2012 and subsequent years are lower than the
current-year funding for the department.
Enacting the bill would have no impact on direct spending
or revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1891 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Justin Humphrey.
This estimate was approved by Peter H. Fontaine, Assistant
Director for Budget Analysis.
Committee Cost Estimate: Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison of the costs that would be incurred in carrying
out HR 1891. However, clause 3(d)(2)(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:
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 I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
* * * * * * *
SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
(a) * * *
[(b) Reading First.--]
[(1) Reading first.--] (b) Reading First.--For the
purpose of carrying out subpart 1 of part B, there are
authorized to be appropriated $900,000,000 for fiscal
year 2002 and such sums as may be necessary for each of
the 5 succeeding fiscal years.
[(2) Early reading first.--For the purpose of
carrying out subpart 2 of part B, there are authorized
to be appropriated $75,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5
succeeding fiscal years.
[(3) Even start.--For the purpose of carrying out
subpart 3 of part B, there are authorized to be
appropriated $260,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(4) Improving literacy through school libraries.--
For the purpose of carrying out subpart 4 of part B,
there are authorized to be appropriated $250,000,000
for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.]
* * * * * * *
[(e) Federal Activities.--]
[(1) Sections 1501 and 1502.--For the purpose of
carrying out sections 1501 and 1502,] (e) Federal
Activities.--For the purpose of carrying out section
1501, there are authorized to be appropriated such sums
as may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years.
[(2) Section 1504.--
[(A) In general.--For the purpose of carrying
out section 1504, there are authorized to be
appropriated such sums as may be necessary for
fiscal year 2002 and for each of the 5
succeeding fiscal years.
[(B) Special rule.--Of the funds appropriated
pursuant to subparagraph (A), not more than 30
percent may be used for teachers associated
with students participating in the programs
described in subsections (a)(1), (b)(1), and
(c)(1).]
[(f) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years.]
[(g)] (f) Advanced Placement.--For the purposes of carrying
out part G, there are authorized to be appropriated such sums
for fiscal year 2002 and each 5 succeeding fiscal year.
[(h) School Dropout Prevention.--For the purpose of carrying
out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years, of which--
[(1) up to 10 percent shall be available to carry out
subpart 1 of part H for each fiscal year; and
[(2) the remainder shall be available to carry out
subpart 2 of part H for each fiscal year.]
[(i)] (g) School Improvement.--For the purpose of carrying
out section 1003(g), there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
* * * * * * *
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
Subpart 1--Basic Program Requirements
* * * * * * *
SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
(a) * * *
(b) School Improvement.--
(1) * * *
* * * * * * *
(3) School plan.--
(A) Revised plan.--After the resolution of a
review under paragraph (2), each school
identified under paragraph (1) for school
improvement shall, not later than 3 months
after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency
serving the school, and outside experts, for
approval by such local educational agency. The
school plan shall cover a 2-year period and--
(i) incorporate strategies based on
scientifically based research that will
strengthen the core academic subjects
in the school and address the specific
academic issues that caused the school
to be identified for school
improvement[, and may include a
strategy for the implementation of a
comprehensive school reform model that
includes each of the components
described in part F];
* * * * * * *
PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
Subpart 1--Reading First
* * * * * * *
SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.
(a) In General.--
(1) Authorization to make grants.--In the case of
each State educational agency that in accordance with
section 1203 submits to the Secretary an application
for a 6-year period, the Secretary, from amounts
appropriated under [section 1002(b)(1)] section 1002(b)
and subject to the application's approval, shall make a
grant to the State educational agency for the uses
specified in subsections (c) and (d). For each fiscal
year, the funds provided under the grant shall equal
the allotment determined for the State educational
agency under subsection (b).
* * * * * * *
(c) Subgrants to Local Educational Agencies.--
(1) * * *
* * * * * * *
(7) Local uses of funds.--
(A) Required uses.--Subject to paragraph (8),
an eligible local educational agency that
receives a subgrant under this subsection shall
use the funds provided under the subgrant to
carry out the following activities:
(i) * * *
* * * * * * *
(vii) Promoting reading and library
programs that provide access to
engaging reading material[, including
coordination with programs funded
through grants received under subpart
4, where applicable].
* * * * * * *
[Subpart 2--Early Reading First
[SEC. 1221. PURPOSES; DEFINITIONS.
[(a) Purposes.--The purposes of this subpart are as follows:
[(1) To support local efforts to enhance the early
language, literacy, and prereading development of
preschool age children, particularly those from low-
income families, through strategies and professional
development that are based on scientifically based
reading research.
[(2) To provide preschool age children with cognitive
learning opportunities in high-quality language and
literature-rich environments, so that the children can
attain the fundamental knowledge and skills necessary
for optimal reading development in kindergarten and
beyond.
[(3) To demonstrate language and literacy activities
based on scientifically based reading research that
supports the age-appropriate development of--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet;
[(B) knowledge of letter sounds, the blending
of sounds, and the use of increasingly complex
vocabulary;
[(C) an understanding that written language
is composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(D) spoken language, including vocabulary
and oral comprehension abilities; and
[(E) knowledge of the purposes and
conventions of print.
[(4) To use screening assessments to effectively
identify preschool age children who may be at risk for
reading failure.
[(5) To integrate such scientific reading research-
based instructional materials and literacy activities
with existing programs of preschools, child care
agencies and programs, Head Start centers, and family
literacy services.
[(b) Definitions.--For purposes of this subpart:
[(1) Eligible applicant.--The term ``eligible
applicant'' means--
[(A) one or more local educational agencies
that are eligible to receive a subgrant under
subpart 1;
[(B) one or more public or private
organizations or agencies, acting on behalf of
one or more programs that serve preschool age
children (such as a program at a Head Start
center, a child care program, or a family
literacy program), which organizations or
agencies shall be located in a community served
by a local educational agency described in
subparagraph (A); or
[(C) one or more local educational agencies
described in subparagraph (A) in collaboration
with one or more organizations or agencies
described in subparagraph (B).
[(2) Scientifically based reading research.--The term
``scientifically based reading research'' has the same
meaning given to that term in section 1208.
[(3) Screening reading assessment.--The term
``screening reading assessment'' has the same meaning
given to that term in section 1208.
[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
[(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall award grants, on a
competitive basis, for periods of not more than 6 years, to
eligible applicants to enable the eligible applicants to carry
out the authorized activities described in subsection (d).
[(b) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an application
to the Secretary, which shall include a description of--
[(1) the programs to be served by the proposed
project, including demographic and socioeconomic
information on the preschool age children enrolled in
the programs;
[(2) how the proposed project will enhance the school
readiness of preschool age children in high-quality
oral language and literature-rich environments;
[(3) how the proposed project will prepare and
provide ongoing assistance to staff in the programs,
through professional development and other support, to
provide high-quality language, literacy, and prereading
activities using scientifically based reading research,
for preschool age children;
[(4) how the proposed project will provide services
and use instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development
of spoken vocabulary skills;
[(5) how the proposed project will help staff in the
programs to meet more effectively the diverse needs of
preschool age children in the community, including such
children with limited English proficiency,
disabilities, or other special needs;
[(6) how the proposed project will integrate such
instructional materials and literacy activities with
existing preschool programs and family literacy
services;
[(7) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and early reading skills,
to make the transition from preschool to formal
classroom instruction in school;
[(8) if the eligible applicant has received a
subgrant under subpart 1, how the activities conducted
under this subpart will be coordinated with the
eligible applicant's activities under subpart 1 at the
kindergarten through grade 3 level;
[(9) how the proposed project will evaluate the
success of the activities supported under this subpart
in enhancing the early language, literacy, and
prereading development of preschool age children served
by the project; and
[(10) such other information as the Secretary may
require.
[(c) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of a peer
review panel convened under section 1203(c)(2), that includes,
at a minimum, three individuals, selected from the entities
described in clauses (ii), (iii), and (iv) of section
1203(c)(2)(A), who are experts in early reading development and
early childhood development.
[(d) Authorized Activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following activities:
[(1) Providing preschool age children with high-
quality oral language and literature-rich environments
in which to acquire language and prereading skills.
[(2) Providing professional development that is based
on scientifically based reading research knowledge of
early language and reading development for the staff of
the eligible applicant and that will assist in
developing the preschool age children's--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet,
knowledge of letters, sounds, blending of
letter sounds, and increasingly complex
vocabulary;
[(B) understanding that written language is
composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(C) spoken language, including vocabulary
and oral comprehension abilities; and
[(D) knowledge of the purposes and
conventions of print.
[(3) Identifying and providing activities and
instructional materials that are based on
scientifically based reading research for use in
developing the skills and abilities described in
paragraph (2).
[(4) Acquiring, providing training for, and
implementing screening reading assessments or other
appropriate measures that are based on scientifically
based reading research to determine whether preschool
age children are developing the skills described in
this subsection.
[(5) Integrating such instructional materials,
activities, tools, and measures into the programs
offered by the eligible applicant.
[(e) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
[SEC. 1223. FEDERAL ADMINISTRATION.
[The Secretary shall consult with the Secretary of Health and
Human Services to coordinate the activities under this subpart
with preschool age programs administered by the Department of
Health and Human Services.
[SEC. 1224. INFORMATION DISSEMINATION.
[From the funds the National Institute for Literacy receives
under section 1202(b)(1)(D), the National Institute for
Literacy, in consultation with the Secretary, shall disseminate
information regarding projects assisted under this subpart that
have proven effective.
[SEC. 1225. REPORTING REQUIREMENTS.
Each eligible applicant receiving a grant under this subpart
shall report annually to the Secretary regarding the eligible
applicant's progress in addressing the purposes of this
subpart. Such report shall include, at a minimum, a description
of--
[(1) the research-based instruction, materials, and
activities being used in the programs funded under the
grant;
[(2) the types of programs funded under the grant and
the ages of children served by such programs;
[(3) the qualifications of the program staff who
provide early literacy instruction under such programs
and the type of ongoing professional development
provided to such staff; and
[(4) the results of the evaluation described in
section 1222(b)(9).
[SEC. 1226. EVALUATION.
[(a) In General.--From the total amount made available under
section 1002(b)(2) for the period beginning October 1, 2002,
and ending September 30, 2006, the Secretary shall reserve not
more than $3,000,000 to conduct an independent evaluation of
the effectiveness of this subpart.
[(b) Reports.--
[(1) Interim report.--Not later than October 1, 2004,
the Secretary shall submit an interim report 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.
[(2) Final report.--Not later than September 30,
2006, the Secretary shall submit a final report to the
committees described in paragraph (1).
[(c) Contents.--The reports submitted under subsection (b)
shall include information on the following:
[(1) How the grant recipients under this subpart are
improving the prereading skills of preschool children.
[(2) The effectiveness of the professional
development program assisted under this subpart.
[(3) How early childhood teachers are being prepared
with scientifically based reading research on early
reading development.
[(4) What activities and instructional practices are
most effective.
[(5) How prereading instructional materials and
literacy activities based on scientifically based
reading research are being integrated into preschools,
child care agencies and programs, programs carried out
under the Head Start Act, and family literacy programs.
[(6) Any recommendations on strengthening or
modifying this subpart.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs
[SEC. 1231. STATEMENT OF PURPOSE.
It is the purpose of this subpart to help break the cycle of
poverty and illiteracy by--
[(1) improving the educational opportunities of the
Nation's low-income families by integrating early
childhood education, adult literacy or adult basic
education, and parenting education into a unified
family literacy program, to be referred to as ``Even
Start''; and
[(2) establishing a program that shall--
[(A) be implemented through cooperative
projects that build on high-quality existing
community resources to create a new range of
services;
[(B) promote the academic achievement of
children and adults;
[(C) assist children and adults from low-
income families to achieve to challenging State
content standards and challenging State student
achievement standards; and
[(D) use instructional programs based on
scientifically based reading research and
addressing the prevention of reading
difficulties for children and adults, to the
extent such research is available.
[SEC. 1232. PROGRAM AUTHORIZED.
[(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
[(1) In general.--For each fiscal year, the Secretary
shall reserve 5 percent of the amount appropriated
under section 1002(b)(3) (or, if such appropriated
amount exceeds $200,000,000, 6 percent of such amount)
for programs, under such terms and conditions as the
Secretary shall establish, that are consistent with the
purpose of this subpart, and according to their
relative needs, for--
[(A) children of migratory workers;
[(B) the outlying areas; and
[(C) Indian tribes and tribal organizations.
[(2) Special rule.--After December 21, 2000, the
Secretary shall award a grant, on a competitive basis,
of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and
their preschool age children and that has the
capability of developing a program of high quality.
[(3) Coordination of programs for american indians.--
The Secretary shall ensure that programs under
paragraph (1)(C) are coordinated with family literacy
programs operated by the Bureau of Indian Affairs in
order to avoid duplication and to encourage the
dissemination of information on high-quality family
literacy programs serving American Indians.
[(b) Reservation for Federal Activities.--
[(1) Evaluation, technical assistance, program
improvement, and replication activities.--Subject to
paragraph (2), from amounts appropriated under section
1002(b)(3), the Secretary may reserve not more than 3
percent of such amounts for purposes of--
[(A) carrying out the evaluation required by
section 1239; and
[(B) providing, through grants or contracts
with eligible organizations, technical
assistance, program improvement, and
replication activities.
[(2) Research.--In any fiscal year, if the amount
appropriated under section 1002(b)(3) for such year--
[(A) is equal to or less than the amount
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only the
amount necessary to continue multi-year
activities carried out pursuant to section
1241(b) that began during or prior to the
fiscal year preceding the fiscal year for which
the determination is made; or
[(B) exceeds the amount appropriated for the
preceding fiscal year, then the Secretary shall
reserve from such excess amount $2,000,000 or
50 percent, whichever is less, to carry out
section 1241(b).
[(c) Reservation for Grants.--
[(1) Grants authorized.--
[(A) In general.--For any fiscal year for
which at least one State educational agency
applies and submits an application that meets
the requirements and goals of this subsection
and for which the amount appropriated under
section 1002(b)(3) exceeds the amount
appropriated under that section for the
preceding fiscal year, the Secretary shall
reserve, from the amount of the excess
remaining after the application of subsection
(b)(2), the amount of the remainder or
$1,000,000, whichever is less, to award grants,
on a competitive basis, to State educational
agencies to enable them to plan and implement
statewide family literacy initiatives to
coordinate and, where appropriate, integrate
existing Federal, State, and local literacy
resources consistent with the purposes of this
subpart.
[(B) Coordination and integration.--The
coordination and integration described in
subparagraph (A) shall include coordination and
integration of funds available under the Adult
Education and Family Literacy Act, the Head
Start Act, this subpart, part A of this title,
and part A of title IV of the Social Security
Act.
[(C) Restriction.--No State educational
agency may receive more than one grant under
this subsection.
[(2) Consortia.--
[(A) Establishment.--To receive a grant under
this subsection, a State educational agency
shall establish a consortium of State-level
programs under the following provisions of
laws:
[(i) This title (other than part D).
[(ii) The Head Start Act.
[(iii) The Adult Education and Family
Literacy Act.
[(iv) All other State-funded
preschool programs and programs
providing literacy services to adults.
[(B) Plan.--To receive a grant under this
subsection, the consortium established by a
State educational agency shall create a plan to
use a portion of the State educational agency's
resources, derived from the programs referred
to in subparagraph (A), to strengthen and
expand family literacy services in the State.
[(C) Coordination with subpart 1.--The
consortium shall coordinate its activities
under this paragraph with the activities of the
reading and literacy partnership for the State
educational agency established under section
1203(d), if the State educational agency
receives a grant under section 1202.
[(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall
base reading instruction on scientifically based
reading research.
[(4) Technical assistance.--The Secretary shall
provide, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to State educational agencies
receiving a grant under this subsection.
[(5) Matching requirement.--The Secretary shall not
make a grant to a State educational agency under this
subsection unless the State educational agency agrees
that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for
which the grant was awarded, the State educational
agency will make available non-Federal contributions in
an amount equal to not less than the Federal funds
provided under the grant.
[(d) State Educational Agency Allocation.--
[(1) In general.--From amounts appropriated under
section 1002(b)(3) and not reserved under subsection
(a), (b), or (c), the Secretary shall make grants to
State educational agencies from allocations under
paragraph (2).
[(2) Allocations.--Except as provided in paragraph
(3), from the total amount available under paragraph
(1) for allocation to State educational agencies in any
fiscal year, each State educational agency shall be
eligible to receive a grant under paragraph (1) in an
amount that bears the same ratio to the total amount as
the amount allocated under part A to that State
educational agency bears to the total amount allocated
under that part to all State educational agencies.
[(3) Minimum.--No State educational agency shall
receive a grant under paragraph (1) in any fiscal year
in an amount that is less than $250,000, or one-half of
1 percent of the amount appropriated under section
1002(b)(3) and not reserved under subsections (a), (b),
and (c) for such year, whichever is greater.
[(e) Definitions.--For the purpose of this subpart--
[(1) the term ``eligible entity'' means a partnership
composed of--
[(A) a local educational agency; and
[(B) a nonprofit community-based
organization, a public agency other than a
local educational agency, an institution of
higher education, or a public or private
nonprofit organization other than a local
educational agency, of demonstrated quality;
[(2) the term ``eligible organization'' means any
public or private nonprofit organization with a record
of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the
Home and School Institute, Inc.;
[(3) the terms ``Indian tribe'' and ``tribal
organization'' have the meanings given those terms in
section 4 of the Indian Self-Determination and
Education Assistance Act;
[(4) the term ``scientifically based reading
research'' has the meaning given that term in section
1208; and
[(5) the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.
[(a) State Educational Agency Level Activities.--Each State
educational agency that receives a grant under section
1232(d)(1) may use not more than a total of 6 percent of the
grant funds for the costs of--
[(1) administration, which amount shall not exceed
half of the total;
[(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement
and replication, to eligible entities that receive
subgrants under subsection (b); and
[(3) carrying out sections 1240 and 1234(c).
[(b) Subgrants for Local Programs.--
[(1) In general.--Each State educational agency shall
use the grant funds received under section 1232(d)(1)
and not reserved under subsection (a) to award
subgrants to eligible entities to carry out Even Start
programs.
[(2) Minimum subgrant amounts.--
[(A) In general.--Except as provided in
subparagraphs (B) and (C), no State educational
agency shall award a subgrant under paragraph
(1) in an amount less than $75,000.
[(B) Subgrantees in ninth and succeeding
years.--No State educational agency shall award
a subgrant under paragraph (1) in an amount
less than $52,500 to an eligible entity for a
fiscal year to carry out an Even Start program
that is receiving assistance under this subpart
or its predecessor authority for the ninth (or
any subsequent) fiscal year.
[(C) Exception for single subgrant.--A State
educational agency may award one subgrant in
each fiscal year of sufficient size, scope, and
quality to be effective in an amount less than
$75,000 if, after awarding subgrants under
paragraph (1) for that fiscal year in
accordance with subparagraphs (A) and (B), less
than $75,000 is available to the State
educational agency to award those subgrants.
[SEC. 1234. USES OF FUNDS.
[(a) In General.--In carrying out an Even Start program under
this subpart, a recipient of funds under this subpart shall use
those funds to pay the Federal share of the cost of providing
intensive family literacy services that involve parents and
children, from birth through age 7, in a cooperative effort to
help parents become full partners in the education of their
children and to assist children in reaching their full
potential as learners.
[(b) Federal Share Limitation.--
[(1) In general.--
[(A) Federal share.--Except as provided in
paragraph (2), the Federal share under this
subpart may not exceed--
[(i) 90 percent of the total cost of
the program in the first year that the
program receives assistance under this
subpart or its predecessor authority;
[(ii) 80 percent in the second year;
[(iii) 70 percent in the third year;
[(iv) 60 percent in the fourth year;
[(v) 50 percent in the fifth, sixth,
seventh, and eighth such years; and
[(vi) 35 percent in any subsequent
year.
[(B) Remaining cost.--The remaining cost of a
program assisted under this subpart may be
provided in cash or in kind, fairly evaluated,
and may be obtained from any source, including
other Federal funds under this Act.
[(2) Waiver.--The State educational agency may waive,
in whole or in part, the Federal share described in
paragraph (1) for an eligible entity if the entity--
[(A) demonstrates that it otherwise would not
be able to participate in the program assisted
under this subpart; and
[(B) negotiates an agreement with the State
educational agency with respect to the amount
of the remaining cost to which the waiver will
be applicable.
[(3) Prohibition.--Federal funds provided under this
subpart may not be used for the indirect costs of a
program assisted under this subpart, except that the
Secretary may waive this paragraph if an eligible
recipient of funds reserved under section 1232(a)(1)(C)
demonstrates to the Secretary's satisfaction that the
recipient otherwise would not be able to participate in
the program assisted under this subpart.
[(c) Use of Funds for Family Literacy Services.--
[(1) In general.--A State educational agency may use
a portion of funds reserved under section 1233(a), to
assist eligible entities receiving a subgrant under
section 1233(b) in improving the quality of family
literacy services provided under Even Start programs
under this subpart, except that in no case may a State
educational agency's use of funds for this purpose for
a fiscal year result in a decrease from the level of
activities and services provided to program
participants in the preceding year.
[(2) Priority.--In carrying out paragraph (1), a
State educational agency shall give priority to
programs that were of low quality, as evaluated based
on the indicators of program quality developed by the
State educational agency under section 1240.
[(3) Technical assistance to help local programs
raise additional funds.--In carrying out paragraph (1),
a State educational agency may use the funds referred
to in that paragraph to provide technical assistance to
help local programs of demonstrated effectiveness to
access and leverage additional funds for the purpose of
expanding services and reducing waiting lists,
including requesting and applying for non-Federal
resources.
[(4) Technical assistance and training.--Assistance
under paragraph (1) shall be in the form of technical
assistance and training, provided by a State
educational agency through a grant, contract, or
cooperative agreement with an entity that has
experience in offering high-quality training and
technical assistance to family literacy providers.
[SEC. 1235. PROGRAM ELEMENTS.
Each program assisted under this subpart shall--
[(1) include the identification and recruitment of
families most in need of services provided under this
subpart, as indicated by a low level of income, a low
level of adult literacy or English language proficiency
of the eligible parent or parents, and other need-
related indicators;
[(2) include screening and preparation of parents,
including teenage parents, and children to enable those
parents and children to participate fully in the
activities and services provided under this subpart,
including testing, referral to necessary counselling,
other developmental and support services, and related
services;
[(3) be designed to accommodate the participants'
work schedule and other responsibilities, including the
provision of support services, when those services are
unavailable from other sources, necessary for
participation in the activities assisted under this
subpart, such as--
[(A) scheduling and locating of services to
allow joint participation by parents and
children;
[(B) child care for the period that parents
are involved in the program provided under this
subpart; and
[(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by this
subpart;
[(4) include high-quality, intensive instructional
programs that promote adult literacy and empower
parents to support the educational growth of their
children, developmentally appropriate early childhood
educational services, and preparation of children for
success in regular school programs;
[(5) with respect to the qualifications of staff the
cost of whose salaries are paid, in whole or in part,
with Federal funds provided under this subpart, ensure
that--
[(A) not later than December 21, 2004--
[(i) a majority of the individuals
providing academic instruction--
[(I) shall have obtained an
associate's, bachelor's, or
graduate degree in a field
related to early childhood
education, elementary school or
secondary school education, or
adult education; and
[(II) if applicable, shall
meet qualifications established
by the State for early
childhood education, elementary
school or secondary school
education, or adult education
provided as part of an Even
Start program or another family
literacy program;
[(ii) the individual responsible for
administration of family literacy
services under this subpart has
received training in the operation of a
family literacy program; and
[(iii) paraprofessionals who provide
support for academic instruction have a
secondary school diploma or its
recognized equivalent; and
[(B) all new personnel hired to provide
academic instruction--
[(i) have obtained an associate's,
bachelor's, or graduate degree in a
field related to early childhood
education, elementary school or
secondary school education, or adult
education; and
[(ii) if applicable, meet
qualifications established by the State
for early childhood education,
elementary school or secondary school
education, or adult education provided
as part of an Even Start program or
another family literacy program;
[(6) include special training of staff, including
child-care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through this subpart;
[(7) provide and monitor integrated instructional
services to participating parents and children through
home-based programs;
[(8) operate on a year-round basis, including the
provision of some program services, including
instructional and enrichment services, during the
summer months;
[(9) be coordinated with--
[(A) other programs assisted under this Act;
[(B) any relevant programs under the Adult
Education and Family Literacy Act, the
Individuals with Disabilities Education Act,
and title I of the Workforce Investment Act of
1998; and
[(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
[(10) use instructional programs based on
scientifically based reading research for children and
adults, to the extent that research is available;
[(11) encourage participating families to attend
regularly and to remain in the program a sufficient
time to meet their program goals;
[(12) include reading-readiness activities for
preschool children based on scientifically based
reading research, to the extent available, to ensure
that children enter school ready to learn to read;
[(13) if applicable, promote the continuity of family
literacy to ensure that individuals retain and improve
their educational outcomes;
[(14) ensure that the programs will serve those
families most in need of the activities and services
provided by this subpart; and
[(15) provide for an independent evaluation of the
program, to be used for program improvement.
[SEC. 1236. ELIGIBLE PARTICIPANTS.
[(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
[(1) a parent or parents--
[(A) who are eligible for participation in
adult education and literacy activities under
the Adult Education and Family Literacy Act; or
[(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this subpart, or who are
attending secondary school; and
[(2) the child or children, from birth through age 7,
of any individual described in paragraph (1).
[(b) Eligibility for Certain Other Participants.--
[(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
this subpart, when appropriate to serve the purpose of
this subpart.
[(2) Special rule.--Any family participating in a
program assisted under this subpart that becomes
ineligible to participate as a result of one or more
members of the family becoming ineligible to
participate may continue to participate in the program
until all members of the family become ineligible to
participate, which--
[(A) in the case of a family in which
ineligibility was due to the child or children
of the family attaining the age of 8, shall be
in 2 years or when the parent or parents become
ineligible due to educational advancement,
whichever occurs first; and
[(B) in the case of a family in which
ineligibility was due to the educational
advancement of the parent or parents of the
family, shall be when all children in the
family attain the age of 8.
[(3) Children 8 years of age or older.--If an Even
Start program assisted under this subpart collaborates
with a program under part A, and funds received under
the part A program contribute to paying the cost of
providing programs under this subpart to children 8
years of age or older, the Even Start program may,
notwithstanding subsection (a)(2), permit the
participation of children 8 years of age or older if
the focus of the program continues to remain on
families with young children.
[SEC. 1237. APPLICATIONS.
[(a) Submission.--To be eligible to receive a subgrant under
this subpart, an eligible entity shall submit an application to
the State educational agency in such form and containing or
accompanied by such information as the State educational agency
shall require.
[(b) Required Documentation.--Each application shall include
documentation, satisfactory to the State educational agency,
that the eligible entity has the qualified personnel needed--
[(1) to develop, administer, and implement an Even
Start program under this subpart; and
[(2) to provide access to the special training
necessary to prepare staff for the program, which may
be offered by an eligible organization.
[(c) Plan.--
[(1) In general.--The application shall also include
a plan of operation and continuous improvement for the
program, that includes--
[(A) a description of the program objectives,
strategies to meet those objectives, and how
those strategies and objectives are consistent
with the program indicators established by the
State;
[(B) a description of the activities and
services that will be provided under the
program, including a description of how the
program will incorporate the program elements
required by section 1235;
[(C) a description of the population to be
served and an estimate of the number of
participants to be served;
[(D) as appropriate, a description of the
applicant's collaborative efforts with
institutions of higher education, community-
based organizations, the State educational
agency, private elementary schools, or other
eligible organizations in carrying out the
program for which assistance is sought;
[(E) a statement of the methods that will be
used--
[(i) to ensure that the programs will
serve families most in need of the
activities and services provided by
this subpart;
[(ii) to provide services under this
subpart to individuals with special
needs, such as individuals with limited
English proficiency and individuals
with disabilities; and
[(iii) to encourage participants to
remain in the program for a time
sufficient to meet the program's
purpose;
[(F) a description of how the plan is
integrated with other programs under this Act
or other Acts, as appropriate; and
[(G) a description of how the plan provides
for rigorous and objective evaluation of
progress toward the program objectives
described in subparagraph (A) and for
continuing use of evaluation data for program
improvement.
[(2) Duration of the plan.--Each plan submitted under
paragraph (1) shall--
[(A) remain in effect for the duration of the
eligible entity's participation under this
subpart; and
[(B) be periodically reviewed and revised by
the eligible entity as necessary.
[(d) Consolidated Application.--The plan described in
subsection (c)(1) may be submitted as part of a consolidated
application under section 9305.
[SEC. 1238. AWARD OF SUBGRANTS.
[(a) Selection Process.--
[(1) In general.--The State educational agency shall
establish a review panel in accordance with paragraph
(3) that will approve applications that--
[(A) are most likely to be successful in--
[(i) meeting the purpose of this
subpart; and
[(ii) effectively implementing the
program elements required under section
1235;
[(B) demonstrate that the area to be served
by the program has a high percentage or a large
number of children and families who are in need
of those services as indicated by high levels
of poverty, illiteracy, unemployment, limited
English proficiency, or other need-related
indicators, such as a high percentage of
children to be served by the program who reside
in a school attendance area served by a local
educational agency eligible for participation
in programs under part A, a high number or
percentage of parents who have been victims of
domestic violence, or a high number or
percentage of parents who are receiving
assistance under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
[(C) provide services for at least a 3-year
age range, which may begin at birth;
[(D) demonstrate the greatest possible
cooperation and coordination between a variety
of relevant service providers in all phases of
the program;
[(E) include cost-effective budgets, given
the scope of the application;
[(F) demonstrate the applicant's ability to
provide the non-Federal share required by
section 1234(b);
[(G) are representative of urban and rural
regions of the State; and
[(H) show the greatest promise for providing
models that may be adopted by other family
literacy projects and other local educational
agencies.
[(2) Priority for subgrants.--The State educational
agency shall give priority for subgrants under this
subsection to applications that--
[(A) target services primarily to families
described in paragraph (1)(B); or
[(B) are located in areas designated as
empowerment zones or enterprise communities.
[(3) Review panel.--A review panel shall consist of
at least three members, including one early childhood
professional, one adult education professional, and one
individual with expertise in family literacy programs,
and may include other individuals, such as one or more
of the following:
[(A) A representative of a parent-child
education organization.
[(B) A representative of a community-based
literacy organization.
[(C) A member of a local board of education.
[(D) A representative of business and
industry with a commitment to education.
[(E) An individual who has been involved in
the implementation of programs under this title
in the State.
[(b) Duration.--
[(1) In general.--Subgrants under this subpart may be
awarded for a period not to exceed 4 years.
[(2) Startup period.--The State educational agency
may provide subgrant funds to an eligible recipient, at
the recipient's request, for a 3- to 6-month start-up
period during the first year of the 4-year grant
period, which may include staff recruitment and
training, and the coordination of services, before
requiring full implementation of the program.
[(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this subpart after
the first year, the State educational agency shall
review the progress of each eligible entity in meeting
the objectives of the program referred to in section
1237(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the
State under section 1240.
[(4) Insufficient progress.--The State educational
agency may refuse to award subgrant funds to an
eligible entity if the agency finds that the eligible
entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of
program quality developed by the State under section
1240, after--
[(A) providing technical assistance to the
eligible entity; and
[(B) affording the eligible entity notice and
an opportunity for a hearing.
[(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this subpart may
reapply under this subpart for additional subgrants.
[(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with
section 1234(b).
[SEC. 1239. EVALUATION.
From funds reserved under section 1232(b)(1), the Secretary
shall provide for an independent evaluation of programs
assisted under this subpart--
[(1) to determine the performance and effectiveness
of programs assisted under this subpart;
[(2) to identify effective Even Start programs
assisted under this subpart that can be duplicated and
used in providing technical assistance to Federal,
State, and local programs; and
[(3) to provide State educational agencies and
eligible entities receiving a subgrant under this
subpart, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to ensure that local evaluations
undertaken under section 1235(15) provide accurate
information on the effectiveness of programs assisted
under this subpart.
[SEC. 1240. INDICATORS OF PROGRAM QUALITY.
Each State educational agency receiving funds under this
subpart shall develop, based on the best available research and
evaluation data, indicators of program quality for programs
assisted under this subpart. The indicators shall be used to
monitor, evaluate, and improve those programs within the State.
The indicators shall include the following:
[(1) With respect to eligible participants in a
program who are adults--
[(A) achievement in the areas of reading,
writing, English-language acquisition, problem
solving, and numeracy;
[(B) receipt of a secondary school diploma or
a general equivalency diploma (GED);
[(C) entry into a postsecondary school, job
retraining program, or employment or career
advancement, including the military; and
[(D) such other indicators as the State may
develop.
[(2) With respect to eligible participants in a
program who are children--
[(A) improvement in ability to read on grade
level or reading readiness;
[(B) school attendance;
[(C) grade retention and promotion; and
[(D) such other indicators as the State may
develop.
[SEC. 1241. RESEARCH.
[(a) In General.--The Secretary shall carry out, through
grant or contract, research into the components of successful
family literacy services, in order to--
[(1) improve the quality of existing programs
assisted under this subpart or other family literacy
programs carried out under this Act or the Adult
Education and Family Literacy Act; and
[(2) develop models for new programs to be carried
out under this Act or the Adult Education and Family
Literacy Act.
[(b) Scientifically Based Research on Family Literacy.--
[(1) In general.--From amounts reserved under section
1232(b)(2), the National Institute for Literacy, in
consultation with the Secretary, shall carry out
research that--
[(A) is scientifically based reading
research; and
[(B) determines--
[(i) the most effective ways of
improving the literacy skills of adults
with reading difficulties; and
[(ii) how family literacy services
can best provide parents with the
knowledge and skills the parents need
to support their children's literacy
development.
[(2) Use of expert entity.--The National Institute
for Literacy, in consultation with the Secretary, shall
carry out the research under paragraph (1) through an
entity, including a Federal agency, that has expertise
in carrying out longitudinal studies of the development
of literacy skills in children and has developed
effective interventions to help children with reading
difficulties.
[(c) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 1207, the results of the
research described in subsections (a) and (b) to State
educational agencies and recipients of subgrants under this
subpart.
[SEC. 1242. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[Subpart 4--Improving Literacy Through School Libraries
[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.
[(a) Purposes.--The purpose of this subpart is to improve
literacy skills and academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists.
[(b) Reservation.--From the funds appropriated under section
1002(b)(4) for a fiscal year, the Secretary shall reserve--
[(1) one-half of 1 percent to award assistance under
this section to the Bureau of Indian Affairs to carry
out activities consistent with the purpose of this
subpart; and
[(2) one-half of 1 percent to award assistance under
this section to the outlying areas according to their
respective needs for assistance under this subpart.
[(c) Grants.--
[(1) Competitive grants to eligible local educational
agencies.--If the amount of funds appropriated under
section 1002(b)(4) for a fiscal year is less than
$100,000,000, then the Secretary shall award grants, on
a competitive basis, to eligible local educational
agencies under subsection (e).
[(2) Formula grants to states.--If the amount of
funds appropriated under section 1002(b)(4) for a
fiscal year equals or exceeds $100,000,000, then the
Secretary shall award grants to State educational
agencies from allotments under subsection (d).
[(3) Definition of eligible local educational
agency.--In this section the term ``eligible local
educational agency'' means--
[(A) in the case of a local educational
agency receiving assistance made available
under paragraph (1), a local educational agency
in which 20 percent of the students served by
the local educational agency are from families
with incomes below the poverty line; and
[(B) in the case of a local educational
agency receiving assistance from State
allocations made available under paragraph (2),
a local educational agency in which--
[(i) 15 percent of the students who
are served by the local educational
agency are from such families; or
[(ii) the percentage of students from
such families who are served by the
local educational agency is greater
than the statewide percentage of
children from such families.
[(d) State Grants.--
[(1) Allotments.--From funds made available under
subsection (c)(2) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
allot to each State educational agency having an
application approved under subsection (f)(1) an amount
that bears the same relation to the funds as the amount
the State educational agency received under part A for
the preceding fiscal year bears to the amount all such
State educational agencies received under part A for
the preceding fiscal year, to increase literacy and
reading skills by improving school libraries.
[(2) Competitive grants to eligible local educational
agencies.--Each State educational agency receiving an
allotment under paragraph (1) for a fiscal year--
[(A) may reserve not more than 3 percent of
the allotted funds to provide technical
assistance, disseminate information about
school library media programs that are
effective and based on scientifically based
research, and pay administrative costs related
to activities under this section; and
[(B) shall use the allotted funds that remain
after making the reservation under subparagraph
(A) to award grants, for a period of 1 year, on
a competitive basis, to eligible local
educational agencies in the State that have an
application approved under subsection (f)(2)
for activities described in subsection (g).
[(3) Reallotment.--If a State educational agency does
not apply for an allotment under this section for any
fiscal year, or if the State educational agency's
application is not approved, the Secretary shall
reallot the amount of the State educational agency's
allotment to the remaining State educational agencies
in accordance with paragraph (1).
[(e) Direct Competitive Grants to Eligible Local Educational
Agencies.--
[(1) In general.--From amounts made available under
subsection (c)(1) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies that have applications approved
under subsection (f)(2) for activities described in
subsection (g).
[(2) Duration.--The Secretary shall award grants
under this subsection for a period of 1 year.
[(3) Distribution.--The Secretary shall ensure that
grants under this subsection are equitably distributed
among the different geographic regions of the United
States, and among local educational agencies serving
urban and rural areas.
[(f) Applications.--
[(1) State educational agency.--Each State
educational agency desiring assistance under this
section shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary shall require. The
application shall contain a description of--
[(A) how the State educational agency will
assist eligible local educational agencies in
meeting the requirements of this section and in
using scientifically based research to
implement effective school library media
programs; and
[(B) the standards and techniques the State
educational agency will use to evaluate the
quality and impact of activities carried out
under this section by eligible local
educational agencies to determine the need for
technical assistance and whether to continue to
provide additional funding to the agencies
under this section.
[(2) Eligible local educational agency.--Each
eligible local educational agency desiring assistance
under this section shall submit to the Secretary or
State educational agency, as appropriate, an
application at such time, in such manner, and
containing such information as the Secretary or State
educational agency, respectively, shall require. The
application shall contain a description of--
[(A) a needs assessment relating to the need
for school library media improvement, based on
the age and condition of school library media
resources, including book collections, access
of school library media centers to advanced
technology, and the availability of well-
trained, professionally certified school
library media specialists, in schools served by
the eligible local educational agency;
[(B) the manner in which the eligible local
educational agency will use the funds made
available through the grant to carry out the
activities described in subsection (g);
[(C) how the eligible local educational
agency will extensively involve school library
media specialists, teachers, administrators,
and parents in the activities assisted under
this section, and the manner in which the
eligible local educational agency will carry
out the activities described in subsection (g)
using programs and materials that are grounded
in scientifically based research;
[(D) the manner in which the eligible local
educational agency will effectively coordinate
the funds and activities provided under this
section with Federal, State, and local funds
and activities under this subpart and other
literacy, library, technology, and professional
development funds and activities; and
[(E) the manner in which the eligible local
educational agency will collect and analyze
data on the quality and impact of activities
carried out under this section by schools
served by the eligible local educational
agency.
[(g) Local Activities.--Funds under this section may be used
to--
[(1) acquire up-to-date school library media
resources, including books;
[(2) acquire and use advanced technology,
incorporated into the curricula of the school, to
develop and enhance the information literacy,
information retrieval, and critical thinking skills of
students;
[(3) facilitate Internet links and other resource-
sharing networks among schools and school library media
centers, and public and academic libraries, where
possible;
[(4) provide professional development described in
section 1222(d)(2) for school library media
specialists, and activities that foster increased
collaboration between school library media specialists,
teachers, and administrators; and
[(5) provide students with access to school libraries
during nonschool hours, including the hours before and
after school, during weekends, and during summer
vacation periods.
[(h) Accountability and Reporting.--
[(1) Local reports.--Each eligible local educational
agency that receives funds under this section for a
fiscal year shall report to the Secretary or State
educational agency, as appropriate, on how the funding
was used and the extent to which the availability of,
the access to, and the use of, up-to-date school
library media resources in the elementary schools and
secondary schools served by the eligible local
educational agency was increased.
[(2) State report.--Each State educational agency
that receives funds under this section shall compile
the reports received under paragraph (1) and submit the
compiled reports to the Secretary.
[(i) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to carry out
activities relating to library, technology, or professional
development activities.
[(j) National Activities.--
[(1) Evaluations.--From the funds appropriated under
section 1002(b)(4) for each fiscal year, the Secretary
shall reserve not more than 1 percent for annual,
independent, national evaluations of the activities
assisted under this section and their impact on
improving the reading skills of students. The
evaluations shall be conducted not later than 3 years
after the date of enactment of the No Child Left Behind
Act of 2001, and biennially thereafter.
[(2) Report to congress.--The Secretary shall
transmit the State reports received under subsection
(h)(2) and the evaluations conducted under paragraph
(1) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education
and the Workforce of the House of Representatives.]
* * * * * * *
PART E--NATIONAL ASSESSMENT OF TITLE I
* * * * * * *
[SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
[(a) In General.--From the funds appropriated for any fiscal
year under section 1002(e)(1), the Secretary may award grants
to State educational agencies, local educational agencies,
other public agencies, nonprofit organizations, public or
private partnerships involving business and industry
organizations, and consortia of such entities to carry out
demonstration projects that show the most promise of enabling
children served under this title to meet challenging State
academic content standards and challenging State student
academic achievement standards.
[(b) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using
rigorous methodological designs and techniques, including
control groups and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness.
[(c) Partnerships.--From funds appropriated under section
1002(e)(1) for any fiscal year, the Secretary may, directly or
through grants or contracts, work in partnership with State
educational agencies, local educational agencies, other public
agencies, and nonprofit organizations to disseminate and use
the highest quality research and knowledge about effective
practices to improve the quality of teaching and learning in
schools assisted under this title.]
* * * * * * *
[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.
[(a) Program for Middle School and Secondary School
Students.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
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 civic responsibility and
understanding of the Federal Government among
middle school and secondary school students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged students who participate in the
programs described in subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by students pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection 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
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made to
economically disadvantaged middle
school and secondary school students;
[(ii) every effort shall be made to
ensure the participation of students
from rural, small town, and urban
areas;
[(iii) in awarding the fellowships to
economically disadvantaged students,
special consideration shall be given to
the participation of those students
with special educational needs,
including students with disabilities,
ethnic minority students, and students
with migrant parents; and
[(iv) the funds received under this
subsection shall be properly disbursed.
[(b) Program for Middle School and Secondary School
Teachers.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
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 professional development for middle
school and secondary school teachers and its
programs to increase civic responsibility and
understanding of the Federal Government among
the teachers' students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to teachers who
participate in the programs described in
subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by teachers pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection 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
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made
only to a teacher who has worked with
at least one student from such
teacher's school who participates in a
program described in subsection
(a)(1)(A);
[(ii) no teacher shall receive more
than one such fellowship in any fiscal
year; and
[(iii) the funds received under this
subsection shall be properly disbursed.
[(c) Programs for New Americans.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
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 civic responsibility and
understanding of the Federal Government among
economically disadvantaged middle school and
secondary school recent immigrant students.
[(B) Definition.--In this subsection, the
term ``recent immigrant student'' means a
student who is a member of a family that
immigrated to the United States within 5 years
of the student's participation in such a
program.
[(C) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged recent immigrant students and
their teachers who participate in the programs
described in subparagraph (A).
[(D) Name of fellowships.--Financial
assistance received by students and teachers
pursuant to this subsection shall be known as
Close Up Fellowships for New Americans.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection 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
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up Fellowships for New
Americans shall be made to economically
disadvantaged middle school and
secondary school recent immigrant
students;
[(ii) every effort shall be made to
ensure the participation of recent
immigrant students from rural, small
town, and urban areas;
[(iii) in awarding the fellowships to
economically disadvantaged recent
immigrant students, special
consideration shall be given to the
participation of those students with
special educational needs, including
students with disabilities, students
with migrant parents, and ethnic
minority students;
[(iv) fully describe the activities
to be carried out with the proceeds of
the grant made under paragraph (1); and
[(v) the funds received under this
subsection shall be properly disbursed.
[(d) General Provisions.--
[(1) Administrative provisions.--
[(A) Accountability.--In consultation with
the Secretary, the Close Up Foundation shall
devise and implement procedures to measure the
efficacy of the programs authorized in
subsections (a), (b), and (c) in attaining
objectives that include the following:
[(i) Providing young people with an
increased understanding of the Federal
Government.
[(ii) Heightening a sense of civic
responsibility among young people.
[(iii) Enhancing the skills of
educators in teaching young people
about civic responsibility, the Federal
Government, and attaining citizenship
competencies.
[(B) General rule.--Payments under this
section may be made in installments, in
advance, or by way of reimbursement, with
necessary adjustments on account of
underpayments or overpayments.
[(C) 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 section.
[(2) Continuation of awards.--Notwithstanding any
other provision of this Act, any person or entity that
was awarded a grant under part G of title X before the
date of enactment of the No Child Left Behind Act of
2001 shall continue to receive funds in accordance with
the terms of such award until the date on which the
award period terminates under such terms.
[PART F--COMPREHENSIVE SCHOOL REFORM
[SEC. 1601. PURPOSE.
[The purpose of this part is to provide financial incentives
for schools to develop comprehensive school reforms, based upon
scientifically based research and effective practices that
include an emphasis on basic academics and parental involvement
so that all children can meet challenging State academic
content and academic achievement standards.
[SEC. 1602. PROGRAM AUTHORIZATION.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to State educational agencies, from
allotments under paragraph (2), to enable the State
educational agencies to award subgrants to local
educational agencies to carry out the purpose described
in section 1601.
[(2) Allotments.--
[(A) Reservations.--Of the amount
appropriated under section 1002(f), the
Secretary may reserve--
[(i) not more than 1 percent for each
fiscal year to provide assistance to
schools supported by the Bureau of
Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands according to their
respective needs for assistance under
this part;
[(ii) not more than 1 percent for
each fiscal year to conduct national
evaluation activities described in
section 1607; and
[(iii) not more than 3 percent of the
amount appropriated in fiscal year 2002
to carry out this part, for quality
initiatives described in section 1608.
[(B) In general.--Of the amount appropriated
under section 1002(f) that remains after making
the reservation under subparagraph (A) for a
fiscal year, the Secretary shall allot to each
State for the fiscal year an amount that bears
the same ratio to the remainder for that fiscal
year as the amount made available under section
1124 to the State for the preceding fiscal year
bears to the total amount made available under
section 1124 to all States for that year.
[(C) Reallotment.--If a State does not apply
for funds under this section, the Secretary
shall reallot such funds to other States that
do apply in proportion to the amount allotted
to such other States under subparagraph (B).
[SEC. 1603. STATE APPLICATIONS.
[(a) In General.--Each State educational agency that desires
to receive a grant under this part shall submit an application
to the Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably require.
[(b) Contents.--Each such application shall describe--
[(1) the process and selection criteria by which the
State educational agency, using expert review, will
select local educational agencies to receive subgrants
under this part;
[(2) how the State educational agency will ensure
that funds under this part are limited to comprehensive
school reform programs that--
[(A) include each of the components described
in section 1606(a);
[(B) have the capacity to improve the
academic achievement of all students in core
academic subjects within participating schools;
and
[(C) are supported by technical assistance
providers that have a successful track record,
financial stability, and the capacity to
deliver high quality materials, professional
development for school personnel, and on-site
support during the full implementation period
of the reforms;
[(3) how the State educational agency will
disseminate materials and information on comprehensive
school reforms that are based on scientifically based
research and effective practices;
[(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure
the extent to which the reforms have resulted in
increased student academic achievement; and
[(5) how the State educational agency will provide
technical assistance to the local educational agency or
consortia of local educational agencies, and to
participating schools, in evaluating, developing, and
implementing comprehensive school reform.
[SEC. 1604. STATE USE OF FUNDS.
[(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this part
shall use the grant funds to award subgrants, on a competitive
basis, to local educational agencies or consortia of local
educational agencies in the State that receive funds under part
A, to support comprehensive school reforms in schools that are
eligible for funds under part A.
[(b) Subgrant Requirements.--A subgrant to a local
educational agency or consortium shall be--
[(1) of sufficient size and scope to support the
initial costs of comprehensive school reforms selected
or designed by each school identified in the
application of the local educational agency or
consortium;
[(2) in an amount not less than $50,000--
[(A) for each participating school; or
[(B) for each participating consortium of
small schools (which for purposes of this
subparagraph means a consortium of small
schools serving a total of not more than 500
students); and
[(3) renewable for two additional 1-year subgrant
periods after the initial 1-year subgrant is made if
the school is or the schools are making substantial
progress in the implementation of reforms.
[(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
[(1) plan to use the funds in schools identified as
being in need of improvement or corrective action under
section 1116(c); and
[(2) demonstrate a commitment to assist schools with
budget allocation, professional development, and other
strategies necessary to ensure the comprehensive school
reforms are properly implemented and are sustained in
the future.
[(d) Grant Consideration.--In awarding subgrants under this
part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including urban
and rural areas, and to schools serving elementary and
secondary students.
[(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and
technical assistance expenses.
[(f) Supplement.--Funds made available under this part shall
be used to supplement, and not supplant, any other Federal,
State, or local funds that would otherwise be available to
carry out the activities assisted under this part.
[(g) Reporting.--Each State educational agency that receives
a grant under this part shall provide to the Secretary such
information as the Secretary may require, including the names
of local educational agencies and schools receiving assistance
under this part, the amount of the assistance, a description of
the comprehensive school reforms selected and used, and a copy
of the State's annual evaluation of the implementation of
comprehensive school reforms supported under this part and the
student achievement results.
[SEC. 1605. LOCAL APPLICATIONS.
[(a) In General.--Each local educational agency or consortium
of local educational agencies desiring a subgrant under this
part shall submit an application to the State educational
agency at such time, in such manner, and containing such
information as the State educational agency may reasonably
require.
[(b) Contents.--Each such application shall--
[(1) identify the schools that are eligible for
assistance under part A and plan to implement a
comprehensive school reform program, including the
projected costs of such a program;
[(2) describe the comprehensive school reforms based
on scientifically based research and effective
practices that such schools will implement;
[(3) describe how the local educational agency or
consortium will provide technical assistance and
support for the effective implementation of the
comprehensive school reforms based on scientifically
based research and effective practices selected by such
schools; and
[(4) describe how the local educational agency or
consortium will evaluate the implementation of such
comprehensive school reforms and measure the results
achieved in improving student academic achievement.
[SEC. 1606. LOCAL USE OF FUNDS.
[(a) Uses of Funds.--A local educational agency or consortium
that receives a subgrant under this part shall provide the
subgrant funds to schools that are eligible for assistance
under part A and served by the agency, to enable the schools to
implement a comprehensive school reform program that--
[(1) employs proven strategies and proven methods for
student learning, teaching, and school management that
are based on scientifically based research and
effective practices and have been replicated
successfully in schools;
[(2) integrates a comprehensive design for effective
school functioning, including instruction, assessment,
classroom management, professional development,
parental involvement, and school management, that
aligns the school's curriculum, technology, and
professional development into a comprehensive school
reform plan for schoolwide change designed to enable
all students to meet challenging State content and
student academic achievement standards and addresses
needs identified through a school needs assessment;
[(3) provides high quality and continuous teacher and
staff professional development;
[(4) includes measurable goals for student academic
achievement and benchmarks for meeting such goals;
[(5) is supported by teachers, principals,
administrators, school personnel staff, and other
professional staff;
[(6) provides support for teachers, principals,
administrators, and other school staff;
[(7) provides for the meaningful involvement of
parents and the local community in planning,
implementing, and evaluating school improvement
activities consistent with section 1118;
[(8) uses high quality external technical support and
assistance from an entity that has experience and
expertise in schoolwide reform and improvement, which
may include an institution of higher education;
[(9) includes a plan for the annual evaluation of the
implementation of school reforms and the student
results achieved;
[(10) identifies other resources, including Federal,
State, local, and private resources, that shall be used
to coordinate services that will support and sustain
the comprehensive school reform effort; and
[(11)(A) has been found, through scientifically based
research to significantly improve the academic
achievement of students participating in such program
as compared to students in schools who have not
participated in such program; or
[(B) has been found to have strong evidence that such
program will significantly improve the academic
achievement of participating children.
[(b) Special Rule.--A school that receives funds to develop a
comprehensive school reform program shall not be limited to
using nationally available approaches, but may develop the
school's own comprehensive school reform program for schoolwide
change as described in subsection (a).
[SEC. 1607. EVALUATION AND REPORTS.
[(a) In General.--The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
[(b) Evaluation.--The national evaluation shall--
[(1) evaluate the implementation and results achieved
by schools after 3 years of implementing comprehensive
school reforms; and
[(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
[(c) Reports.--The Secretary shall submit a report describing
the results of the evaluation under subsection (b) for the
Comprehensive School Reform Program to the Committee on
Education and the Workforce, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
[SEC. 1608. QUALITY INITIATIVES.
The Secretary, through grants or contracts, shall provide
funds for--
[(1) a public-private effort, in which funds are
matched by private organizations, to assist States,
local educational agencies, and schools, in making
informed decisions regarding approving or selecting
providers of comprehensive school reform, consistent
with the requirements described in section 1606(a); and
[(2) activities to foster the development of
comprehensive school reform models and to provide
effective capacity building for comprehensive school
reform providers to expand their work in more schools,
assure quality, and promote financial stability.]
PART G--ADVANCED PLACEMENT PROGRAMS
* * * * * * *
SEC. 1703. FUNDING DISTRIBUTION RULE.
From amounts appropriated under [section 1002(g)] section
1002(f) for a fiscal year, the Secretary shall give priority to
funding activities under section 1704 and shall distribute any
remaining funds under section 1705.
* * * * * * *
[PART H--SCHOOL DROPOUT PREVENTION
[SEC. 1801. SHORT TITLE.
[This part may be cited as the ``Dropout Prevention Act''.
[SEC. 1802. PURPOSE.
The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement levels
by providing grants that--
[(1) challenge all children to attain their highest
academic potential; and
[(2) ensure that all students have substantial and
ongoing opportunities to attain their highest academic
potential through schoolwide programs proven effective
in school dropout prevention and reentry.
[SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this part, there are
authorized to be appropriated $125,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 5 succeeding
fiscal years, of which--
[(1) 10 percent shall be available to carry out
subpart 1 for each fiscal year; and
[(2) 90 percent shall be available to carry out
subpart 2 for each fiscal year.
[Subpart 1--Coordinated National Strategy
[SEC. 1811. NATIONAL ACTIVITIES.
[(a) In General.--The Secretary is authorized--
[(1) to collect systematic data on the effectiveness
of the programs assisted under this part in reducing
school dropout rates and increasing school reentry and
secondary school graduation rates;
[(2) to establish a national clearinghouse of
information on effective school dropout prevention and
reentry programs that shall disseminate to State
educational agencies, local educational agencies, and
schools--
[(A) the results of research on school
dropout prevention and reentry; and
[(B) information on effective programs, best
practices, and Federal resources to--
[(i) reduce annual school dropout
rates;
[(ii) increase school reentry; and
[(iii) increase secondary school
graduation rates;
[(3) to provide technical assistance to State
educational agencies, local educational agencies, and
schools in designing and implementing programs and
securing resources to implement effective school
dropout prevention and reentry programs;
[(4) to establish and consult with an interagency
working group that shall--
[(A) address inter- and intra-agency program
coordination issues at the Federal level with
respect to school dropout prevention and
reentry, and assess the targeting of existing
Federal services to students who are most at
risk of dropping out of school, and the cost-
effectiveness of various programs and
approaches used to address school dropout
prevention and reentry;
[(B) describe the ways in which State
educational agencies and local educational
agencies can implement effective school dropout
prevention and reentry programs using funds
from a variety of Federal programs, including
the programs under this part; and
[(C) examine Federal programs that may have a
positive impact on secondary school graduation
or school reentry;
[(5) to carry out a national recognition program in
accordance with subsection (b) that recognizes schools
that have made extraordinary progress in lowering
school dropout rates; and
[(6) to use funds made available for this subpart to
carry out the evaluation required under section
1830(c).
[(b) Recognition Program.--
[(1) Establishment.--The Secretary shall--
[(A) establish a national recognition
program; and
[(B) develop uniform national guidelines for
the recognition program that shall be used to
recognize eligible schools from nominations
submitted by State educational agencies.
[(2) Recognition.--The Secretary shall recognize,
under the recognition program established under
paragraph (1), eligible schools.
[(3) Support.--The Secretary may make monetary awards
to an eligible school recognized under this subsection
in amounts determined appropriate by the Secretary that
shall be used for dissemination activities within the
eligible school district or nationally.
[(4) Definition of eligible school.--In this
subsection, the term ``eligible school'' means a public
middle school or secondary school, including a charter
school, that has implemented comprehensive reforms that
have been effective in lowering school dropout rates
for all students--
[(A) in that secondary school or charter
school; or
[(B) in the case of a middle school, in the
secondary school that the middle school feeds
students into.
[(c) Capacity Building.--
[(1) In general.--The Secretary, through a contract
with one or more non-Federal entities, may conduct a
capacity building and design initiative in order to
increase the types of proven strategies for school
dropout prevention and reentry that address the needs
of an entire school population rather than a subset of
students.
[(2) Number and duration.--
[(A) Number.--The Secretary may award not
more than five contracts under this subsection.
[(B) Duration.--The Secretary may award a
contract under this subsection for a period of
not more than 5 years.
[(d) Support for Existing Reform Networks.--
[(1) In general.--The Secretary may provide
appropriate support to eligible entities to enable the
eligible entities to provide training, materials,
development, and staff assistance to schools assisted
under this part.
[(2) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means an
entity that, prior to the date of enactment of the
Dropout Prevention Act--
[(A) provided training, technical assistance,
and materials related to school dropout
prevention or reentry to 100 or more elementary
schools or secondary schools; and
[(B) developed and published a specific
educational program or design related to school
dropout prevention or reentry for use by the
schools.
[Subpart 2--School Dropout Prevention Initiative
[SEC. 1821. DEFINITIONS.
In this subpart:
[(1) Low-income student.--The term ``low-income
student'' means a student who is determined by a local
educational agency to be from a low-income family using
the measures described in section 1113(c).
[(2) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Bureau of Indian Affairs for purposes of serving
schools funded by the Bureau.
[SEC. 1822. PROGRAM AUTHORIZED.
[(a) Grants to State Educational Agencies and Local
Educational Agencies.--
[(1) Amount less than $75,000,000.--
[(A) In general.--If the amount appropriated
under section 1803 for a fiscal year equals or
is less than $75,000,000, then the Secretary
shall use such amount to award grants, on a
competitive basis, to--
[(i) State educational agencies to
support activities--
[(I) in schools that--
[(aa) serve students
in grades 6 through 12;
and
[(bb) have annual
school dropout rates
that are above the
State average annual
school dropout rate; or
[(II) in the middle schools
that feed students into the
schools described in subclause
(I); or
[(ii) local educational agencies that
operate--
[(I) schools that--
[(aa) serve students
in grades 6 through 12;
and
[(bb) have annual
school dropout rates
that are above the
State average annual
school dropout rate; or
[(II) middle schools that
feed students into the schools
described in subclause (I).
[(B) Use of grant funds.--Grant funds awarded
under this paragraph shall be used to fund
effective, sustainable, and coordinated school
dropout prevention and reentry programs that
may include the activities described in
subsection (b)(2), in--
[(i) schools serving students in
grades 6 through 12 that have annual
school dropout rates that are above the
State average annual school dropout
rate; or
[(ii) the middle schools that feed
students into the schools described in
clause (i).
[(2) Amount less than $250,000,000 but more than
$75,000,000.--If the amount appropriated under section
1803 for a fiscal year is less than $250,000,000 but
more than $75,000,000, then the Secretary shall use
such amount to award grants, on a competitive basis, to
State educational agencies to enable the State
educational agencies to award subgrants under
subsection (b).
[(3) Amount equal to or exceeds $250,000,000.--If the
amount appropriated under section 1803 for a fiscal
year equals or exceeds $250,000,000, then the Secretary
shall use such amount to award a grant to each State
educational agency in an amount that bears the same
relation to such appropriated amount as the amount the
State educational agency received under part A for the
preceding fiscal year bears to the amount received by
all State educational agencies under such part for the
preceding fiscal year, to enable the State educational
agency to award subgrants under subsection (b).
[(b) Subgrants to Local Educational Agencies.--
[(1) In general.--From amounts made available to a
State educational agency under paragraph (2) or (3) of
subsection (a), the State educational agency shall
award subgrants, on a competitive basis, to local
educational agencies that operate public schools that
serve students in grades 6 through 12 and that have
annual school dropout rates that are above the State
average annual school dropout rate, to enable those
schools, or the middle schools that feed students into
those schools, to implement effective, sustainable, and
coordinated school dropout prevention and reentry
programs that involve activities such as--
[(A) professional development;
[(B) obtaining curricular materials;
[(C) release time for professional staff to
obtain professional development;
[(D) planning and research;
[(E) remedial education;
[(F) reduction in pupil-to-teacher ratios;
[(G) efforts to meet State student academic
achievement standards;
[(H) counseling and mentoring for at-risk
students;
[(I) implementing comprehensive school reform
models, such as creating smaller learning
communities; and
[(J) school reentry activities.
[(2) Amount.--Subject to paragraph (3), a subgrant
under this subpart shall be awarded--
[(A) in the first year that a local
educational agency receives a subgrant payment
under this subpart, in an amount that is based
on factors such as--
[(i) the size of schools operated by
the local educational agency;
[(ii) costs of the model or set of
prevention and reentry strategies being
implemented; and
[(iii) local cost factors such as
poverty rates;
[(B) in the second year, in an amount that is
not less than 75 percent of the amount the
local educational agency received under this
subpart in the first such year;
[(C) in the third year, in an amount that is
not less than 50 percent of the amount the
local educational agency received under this
subpart in the first such year; and
[(D) in each succeeding year, in an amount
that is not less than 30 percent of the amount
the local educational agency received under
this subpart in the first year.
[(3) Duration.--A subgrant under this subpart shall
be awarded for a period of 3 years, and may be
continued for a period of 2 additional years if the
State educational agency determines, based on the
annual reports described in section 1830(a), that
significant progress has been made in lowering the
annual school dropout rate for secondary schools
participating in the program assisted under this
subpart.
[SEC. 1823. APPLICATIONS.
[(a) In General.--To receive--
[(1) a grant under this subpart, a State educational
agency or local educational agency shall submit an
application and plan to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require; and
[(2) a subgrant under this subpart, a local
educational agency shall submit an application and 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.
[(b) Contents.--
[(1) State educational agency and local educational
agency.--Each application and plan submitted under
subsection (a) shall--
[(A) include an outline--
[(i) of the State educational
agency's or local educational agency's
strategy for reducing the State
educational agency or local educational
agency's annual school dropout rate;
[(ii) for targeting secondary
schools, and the middle schools that
feed students into those secondary
schools, that have the highest annual
school dropout rates; and
[(iii) for assessing the
effectiveness of the efforts described
in the plan;
[(B) contain an identification of the schools
in the State or operated by the local
educational agency that have annual school
dropout rates that are greater than the average
annual school dropout rate for the State;
[(C) describe the instructional strategies to
be implemented, how the strategies will serve
all students, and the effectiveness of the
strategies;
[(D) describe a budget and timeline for
implementing the strategies;
[(E) contain evidence of coordination with
existing resources;
[(F) provide an assurance that funds provided
under this subpart will supplement, and not
supplant, other State and local funds available
for school dropout prevention and reentry
programs; and
[(G) describe how the activities to be
assisted conform with research knowledge about
school dropout prevention and reentry.
[(2) Local educational agency.--Each application and
plan submitted under subsection (a) by a local
educational agency shall contain, in addition to the
requirements of paragraph (1)--
[(A) an assurance that the local educational
agency is committed to providing ongoing
operational support for such schools to address
the problem of school dropouts for a period of
5 years; and
[(B) an assurance that the local educational
agency will support the plan, including--
[(i) provision of release time for
teacher training;
[(ii) efforts to coordinate
activities for secondary schools and
the middle schools that feed students
into those secondary schools; and
[(iii) encouraging other schools
served by the local educational agency
to participate in the plan.
[SEC. 1824. STATE RESERVATION.
[A State educational agency that receives a grant under
paragraph (2) or (3) of section 1822(a) may reserve not more
than 5 percent of the grant funds for administrative costs and
State activities related to school dropout prevention and
reentry activities, of which not more than 2 percent of the
grant funds may be used for administrative costs.
[SEC. 1825. STRATEGIES AND CAPACITY BUILDING.
Each local educational agency receiving a grant or subgrant
under this subpart and each State educational agency receiving
a grant under this subpart shall implement scientifically
based, sustainable, and widely replicated strategies for school
dropout prevention and reentry. The strategies may include--
[(1) specific strategies for targeted purposes, such
as--
[(A) effective early intervention programs
designed to identify at-risk students;
[(B) effective programs serving at-risk
students, including racial and ethnic
minorities and pregnant and parenting
teenagers, designed to prevent such students
from dropping out of school; and
[(C) effective programs to identify and
encourage youth who have already dropped out of
school to reenter school and complete their
secondary education; and
[(2) approaches such as breaking larger schools down
into smaller learning communities and other
comprehensive reform approaches, creating alternative
school programs, and developing clear linkages to
career skills and employment.
[SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.
[(a) State Educational Agency Review and Award.--The State
educational agency shall review applications submitted under
section 1823(a)(2) and award subgrants to local educational
agencies with the assistance and advice of a panel of experts
on school dropout prevention and reentry.
[(b) Eligibility.--A local educational agency is eligible to
receive a subgrant under this subpart if the local educational
agency operates a public school (including a public alternative
school)--
[(1) that is eligible to receive assistance under
part A; and
[(2)(A) that serves students 50 percent or more of
whom are low-income students; or
[(B) in which a majority of the students come from
feeder schools that serve students 50 percent or more
of whom are low-income students.
[SEC. 1827. COMMUNITY BASED ORGANIZATIONS.
[A local educational agency that receives a grant or subgrant
under this subpart and a State educational agency that receives
a grant under this subpart may use the funds to secure
necessary services from a community-based organization or other
government agency if the funds are used to provide school
dropout prevention and reentry activities related to schoolwide
efforts.
[SEC. 1828. TECHNICAL ASSISTANCE.
[Notwithstanding any other provision of law, each local
educational agency that receives funds under this subpart shall
use the funds to provide technical assistance to secondary
schools served by the agency that have not made progress toward
lowering annual school dropout rates after receiving assistance
under this subpart for 2 fiscal years.
[SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.
[For purposes of calculating an annual school dropout rate
under this subpart, a school shall use the annual event school
dropout rate for students leaving a school in a single year
determined in accordance with the National Center for Education
Statistics' Common Core of Data.
[SEC. 1830. REPORTING AND ACCOUNTABILITY.
[(a) Local Educational Agency Reports.--
[(1) In general.--To receive funds under this subpart
for a fiscal year after the first fiscal year that a
local educational agency receives funds under this
subpart, the local educational agency shall provide, on
an annual basis, a report regarding the status of the
implementation of activities funded under this subpart,
and the dropout data for students at schools assisted
under this subpart, disaggregated by race and
ethnicity, to the--
[(A) Secretary, if the local educational
agency receives a grant under section
1822(a)(1); or
[(B) State educational agency, if the local
educational agency receives a subgrant under
paragraph (2) or (3) of section 1822(a).
[(2) Dropout data.--The dropout data under paragraph
(1) shall include annual school dropout rates for each
fiscal year, starting with the 2 fiscal years before
the local educational agency received funds under this
subpart.
[(b) State Report on Program Activities.--Each State
educational agency receiving funds under this subpart shall
provide to the Secretary, at such time and in such format as
the Secretary may require, information on the status of the
implementation of activities funded under this subpart and
outcome data for students in schools assisted under this
subpart.
[(c) Accountability.--The Secretary shall evaluate the effect
of the activities assisted under this subpart on school dropout
prevention compared, if feasible, to a control group using
control procedures. The Secretary may use funds appropriated
for subpart 1 to carry out this evaluation.]
* * * * * * *
TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND
PRINCIPALS
PART A--TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND
* * * * * * *
SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Grants to States, Local Educational Agencies, and
Eligible Partnerships.--There are authorized to be appropriated
to carry out this part (other than [subpart 5] section 2151(a))
$3,175,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
(b) National Programs.--There are authorized to be
appropriated to carry out [subpart 5] section 2151(a) such sums
as may be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
* * * * * * *
Subpart 2--Subgrants to Local Educational Agencies
* * * * * * *
SEC. 2123. LOCAL USE OF FUNDS.
(a) In General.--A local educational agency that receives a
subgrant under section 2121 shall use the funds made available
through the subgrant to carry out one or more of the following
activities, including carrying out the activities through a
grant or contract with a for-profit or nonprofit entity:
(1) * * *
* * * * * * *
(5) Carrying out programs and activities that are
designed to improve the quality of the teacher force,
such as--
(A) innovative professional development
programs (which may be provided through
partnerships including institutions of higher
education), including programs that train
teachers and principals to integrate technology
into curricula and instruction to improve
teaching, learning, and technology literacy,
are consistent with the requirements of section
9101[, and are coordinated with activities
carried out under part D];
* * * * * * *
Subpart 5--National Activities
SEC. 2151. NATIONAL ACTIVITIES OF DEMONSTRATED EFFECTIVENESS.
(a) * * *
[(b) School Leadership.--
[(1) In general.--The Secretary is authorized to
establish and carry out a national principal
recruitment program to assist high-need local
educational agencies in recruiting and training
principals (including assistant principals) through
such activities as--
[(A) providing financial incentives to
aspiring new principals;
[(B) providing stipends to principals who
mentor new principals;
[(C) carrying out professional development
programs in instructional leadership and
management; and
[(D) providing incentives that are
appropriate for teachers or individuals from
other fields who want to become principals and
that are effective in retaining new principals.
[(2) Grants.--If the Secretary uses sums made
available under section 2103(b) to carry out paragraph
(1), the Secretary shall carry out such paragraph by
making grants, on a competitive basis, to--
[(A) high-need local educational agencies;
[(B) consortia of high-need local educational
agencies; and
[(C) partnerships of high-need local
educational agencies, nonprofit organizations,
and institutions of higher education.
[(c) Advanced Certification or Advanced Credentialing.--
[(1) In general.--The Secretary is authorized to
support activities to encourage and support teachers
seeking advanced certification or advanced
credentialing through high quality professional teacher
enhancement programs designed to improve teaching and
learning.
[(2) Implementation.--In carrying out paragraph (1),
the Secretary shall make grants to eligible entities
to--
[(A) develop teacher standards that include
measures tied to increased student academic
achievement; and
[(B) promote outreach, teacher recruitment,
teacher subsidy, or teacher support programs,
related to teacher certification or
credentialing by the National Board for
Professional Teaching Standards, the National
Council on Teacher Quality, or other nationally
recognized certification or credentialing
organizations.
[(3) Eligible entities.--In this subsection, the term
``eligible entity'' includes--
[(A) a State educational agency;
[(B) a local educational agency;
[(C) the National Board for Professional
Teaching Standards, in partnership with a high-
need local educational agency or a State
educational agency;
[(D) the National Council on Teacher Quality,
in partnership with a high-need local
educational agency or a State educational
agency; or
[(E) another recognized entity, including
another recognized certification or
credentialing organization, in partnership with
a high-need local educational agency or a State
educational agency.
[(d) Special Education Teacher Training.--The Secretary is
authorized to award a grant to the University of Northern
Colorado to enable such university to provide, to other
institutions of higher education, assistance in training
special education teachers.
[(e) Early Childhood Educator Professional Development.--
[(1) Purpose.--The purpose of this subsection is to
enhance the school readiness of young children,
particularly disadvantaged young children, and to
prevent young children from encountering difficulties
once the children enter school, by improving the
knowledge and skills of early childhood educators who
work in communities that have high concentrations of
children living in poverty.
[(2) Program authorized.--
[(A) Grants to partnerships.--The Secretary
is authorized to carry out the purpose of this
subsection by awarding grants, on a competitive
basis, to partnerships consisting of--
[(i)(I) one or more institutions of
higher education that provide
professional development for early
childhood educators who work with
children from low-income families in
high-need communities; or
[(II) another public or private
entity that provides such professional
development;
[(ii) one or more public agencies
(including local educational agencies,
State educational agencies, State human
services agencies, and State and local
agencies administering programs under
the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858 et
seq.), Head Start agencies, or private
organizations; and
[(iii) to the extent feasible, an
entity with demonstrated experience in
providing training to educators in
early childhood education programs
concerning identifying and preventing
behavior problems or working with
children identified as or suspected to
be victims of abuse.
[(B) Duration and number of grants.--
[(i) Duration.--The Secretary shall
award grants under this subsection for
periods of not more than 4 years.
[(ii) Number.--No partnership may
receive more than one grant under this
subsection.
[(3) Applications.--
[(A) Applications required.--Any partnership
that desires to receive a grant under this
subsection shall submit an application to the
Secretary at such time, in such manner, and
containing such information as the Secretary
may require.
[(B) Contents.--Each such application shall
include--
[(i) a description of the high-need
community to be served by the project
proposed to be carried out through the
grant, including such demographic and
socioeconomic information as the
Secretary may request;
[(ii) information on the quality of
the early childhood educator
professional development program
currently conducted (as of the date of
the submission of the application) by
the institution of higher education or
another provider in the partnership;
[(iii) the results of a needs
assessment that the entities in the
partnership have undertaken to
determine the most critical
professional development needs of the
early childhood educators to be served
by the partnership and in the broader
community, and a description of how the
proposed project will address those
needs;
[(iv) a description of how the
proposed project will be carried out,
including a description of--
[(I) how individuals will be
selected to participate;
[(II) the types of
professional development
activities, based on
scientifically based research,
that will be carried out;
[(III) how research on
effective professional
development and on adult
learning will be used to design
and deliver project activities;
[(IV) how the project will be
coordinated with and build on,
and will not supplant or
duplicate, early childhood
education professional
development activities in the
high-need community;
[(V) how the project will
train early childhood educators
to provide developmentally
appropriate school-readiness
services that are based on the
best available research on
early childhood pedagogy and
child development and learning
domains;
[(VI) how the project will
train early childhood educators
to meet the diverse educational
needs of children in the
community, including children
who have limited English
proficiency, children with
disabilities, or children with
other special needs; and
[(VII) how the project will
train early childhood educators
in identifying and preventing
behavioral problems in children
or working with children
identified as or suspected to
be victims of abuse;
[(v) a description of--
[(I) the specific objectives
that the partnership will seek
to attain through the project,
and the methods that the
partnership will use to measure
progress toward attainment of
those objectives; and
[(II) how the objectives and
the measurement methods align
with the achievement indicators
established by the Secretary
under paragraph (6)(A);
[(vi) a description of the
partnership's plan for continuing the
activities carried out under the
project after Federal funding ceases;
[(vii) an assurance that, where
applicable, the project will provide
appropriate professional development to
volunteers working directly with young
children, as well as to paid staff; and
[(viii) an assurance that, in
developing the application and in
carrying out the project, the
partnership has consulted with, and
will consult with, relevant agencies,
early childhood educator organizations,
and early childhood providers that are
not members of the partnership.
[(4) Selection of grant recipients.--
[(A) Criteria.--The Secretary shall select
partnerships to receive grants under this
subsection on the basis of the degree to which
the communities proposed to be served require
assistance and the quality of the applications
submitted under paragraph (3).
[(B) Geographic distribution.--In selecting
partnerships to receive grants under this
subsection, the Secretary shall seek to ensure
that communities in different regions of the
Nation, as well as both urban and rural
communities, are served.
[(5) Uses of funds.--
[(A) In general.--Each partnership receiving
a grant under this subsection shall use the
grant funds to carry out activities that will
improve the knowledge and skills of early
childhood educators who are working in early
childhood programs that are located in high-
need communities and serve concentrations of
children from low-income families.
[(B) Allowable activities.--Such activities
may include--
[(i) professional development for
early childhood educators, particularly
to familiarize those educators with the
application of recent research on
child, language, and literacy
development and on early childhood
pedagogy;
[(ii) professional development for
early childhood educators in working
with parents, so that the educators and
parents can work together to provide
and support developmentally appropriate
school-readiness services that are
based on scientifically based research
on early childhood pedagogy and child
development and learning domains;
[(iii) professional development for
early childhood educators to work with
children who have limited English
proficiency, children with
disabilities, and children with other
special needs;
[(iv) professional development to
train early childhood educators in
identifying and preventing behavioral
problems in children or working with
children identified as or suspected to
be victims of abuse;
[(v) activities that assist and
support early childhood educators
during their first 3 years in the
field;
[(vi) development and implementation
of early childhood educator
professional development programs that
make use of distance learning and other
technologies;
[(vii) professional development
activities related to the selection and
use of screening and diagnostic
assessments to improve teaching and
learning; and
[(viii) data collection, evaluation,
and reporting needed to meet the
requirements of paragraph (6) relating
to accountability.
[(6) Accountability.--
[(A) Achievement indicators.--On the date on
which the Secretary first issues a notice
soliciting applications for grants under this
subsection, the Secretary shall announce
achievement indicators for this subsection,
which shall be designed--
[(i) to measure the quality and
accessibility of the professional
development provided;
[(ii) to measure the impact of that
professional development on the early
childhood education provided by the
individuals who receive the
professional development; and
[(iii) to provide such other measures
of program impact as the Secretary
determines to be appropriate.
[(B) Annual reports; termination.--
[(i) Annual reports.--Each
partnership receiving a grant under
this subsection shall report annually
to the Secretary on the partnership's
progress toward attaining the
achievement indicators.
[(ii) Termination.--The Secretary may
terminate a grant under this subsection
at any time if the Secretary determines
that the partnership receiving the
grant is not making satisfactory
progress toward attaining the
achievement indicators.
[(7) Cost-sharing.--
[(A) In general.--Each partnership carrying
out a project through a grant awarded under
this subsection shall provide, from sources
other than the program carried out under this
subsection, which may include Federal sources--
[(i) at least 50 percent of the total
cost of the project for the grant
period; and
[(ii) at least 20 percent of the
project cost for each year.
[(B) Acceptable contributions.--A partnership
may meet the requirements of subparagraph (A)
by providing contributions in cash or in kind,
fairly evaluated, including plant, equipment,
and services.
[(C) Waivers.--The Secretary may waive or
modify the requirements of subparagraph (A) for
partnerships in cases of demonstrated financial
hardship.
[(8) Federal coordination.--The Secretary and the
Secretary of Health and Human Services shall coordinate
activities carried out through programs under this
subsection with activities carried out through other
early childhood programs administered by the Secretary
or the Secretary of Health and Human Services.
[(9) Definitions.--In this subsection:
[(A) Early childhood educator.--The term
``early childhood educator'' means a person
providing, or employed by a provider of,
nonresidential child care services (including
center-based, family-based, and in-home child
care services) that is legally operating under
State law, and that complies with applicable
State and local requirements for the provision
of child care services to children at any age
from birth through the age at which a child may
start kindergarten in that State.
[(B) High-need community.--
[(i) In general.--The term ``high-
need community'' means--
[(I) a political subdivision
of a State, or a portion of a
political subdivision of a
State, in which at least 50
percent of the children are
from low-income families; or
[(II) a political subdivision
of a State that is among the 10
percent of political
subdivisions of the State
having the greatest numbers of
such children.
[(ii) Determination.--In determining
which communities are described in
clause (i), the Secretary shall use
such data as the Secretary determines
are most accurate and appropriate.
[(C) Low-income family.--The term ``low-
income family'' means a family with an income
below the poverty line for the most recent
fiscal year for which satisfactory data are
available.
[(f) Teacher Mobility.--
[(1) Establishment.--The Secretary is authorized to
establish a panel to be known as the National Panel on
Teacher Mobility (referred to in this subsection as the
``panel'').
[(2) Membership.--The panel shall be composed of 12
members appointed by the Secretary. The Secretary shall
appoint the members from among practitioners and
experts with experience relating to teacher mobility,
such as teachers, members of teacher certification or
licensing bodies, faculty of institutions of higher
education that prepare teachers, and State policymakers
with such experience.
[(3) Period of appointment; vacancies.--Members shall
be appointed for the life of the panel. Any vacancy in
the panel shall not affect the powers of the panel, but
shall be filled in the same manner as the original
appointment.
[(4) Duties.--
[(A) Study.--
[(i) In general.--The panel shall
study strategies for increasing
mobility and employment opportunities
for highly qualified teachers,
especially for States with teacher
shortages and States with school
districts or schools that are difficult
to staff.
[(ii) Data and analysis.--As part of
the study, the panel shall evaluate the
desirability and feasibility of State
initiatives that support teacher
mobility by collecting data and
conducting effective analysis
concerning--
[(I) teacher supply and
demand;
[(II) the development of
recruitment and hiring
strategies that support
teachers; and
[(III) increasing reciprocity
of certification and licensing
across States.
[(B) Report.--Not later than 1 year after the
date on which all members of the panel have
been appointed, the panel shall submit to the
Secretary and to the appropriate committees of
Congress a report containing the results of the
study.
[(5) Powers.--
[(A) Hearings.--The panel may hold such
hearings, sit and act at such times and places,
take such testimony, and receive such evidence
as the panel considers advisable to carry out
the objectives of this subsection.
[(B) Information from federal agencies.--The
panel may secure directly from any Federal
department or agency such information as the
panel considers necessary to carry out the
provisions of this subsection. Upon request of
a majority of the members of the panel, the
head of such department or agency shall furnish
such information to the panel.
[(C) Postal services.--The panel may use the
United States mails in the same manner and
under the same conditions as other departments
and agencies of the Federal Government.
[(6) Personnel.--
[(A) Travel expenses.--The members of the
panel shall not receive compensation for the
performance of services for the panel, but
shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates
authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or
regular places of business in the performance
of services for the panel. Notwithstanding
section 1342 of title 31, United States Code,
the Secretary may accept the voluntary and
uncompensated services of members of the panel.
[(B) Detail of government employees.--Any
Federal Government employee may be detailed to
the panel without reimbursement, and such
detail shall be without interruption or loss of
civil service status or privilege.
[(7) Permanent committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the panel.]
* * * * * * *
PART C--INNOVATION FOR TEACHER QUALITY
* * * * * * *
[Subpart 2--National Writing Project
[SEC. 2331. PURPOSES.
[The purposes of this subpart are--
[(1) to support and promote the expansion of the
National Writing Project network of sites so that
teachers in every region of the United States will have
access to a National Writing Project program;
[(2) to ensure the consistent high quality of the
sites through ongoing review, evaluation, and technical
assistance;
[(3) to support and promote the establishment of
programs to disseminate effective practices and
research findings about the teaching of writing; and
[(4) to coordinate activities assisted under this
subpart with activities assisted under this Act.
[SEC. 2332. NATIONAL WRITING PROJECT.
[(a) Authorization.--The Secretary is authorized to award a
grant to the National Writing Project, a nonprofit educational
organization that has as its primary purpose the improvement of
the quality of student writing and learning (hereafter in this
section referred to as the ``grantee'') to improve the teaching
of writing and the use of writing as a part of the learning
process in our Nation's classrooms.
[(b) Requirements of Grant.--The grant shall provide that--
[(1) the grantee will enter into contracts with
institutions of higher education or other nonprofit
educational providers (hereafter in this section
referred to as ``contractors'') under which the
contractors will agree to establish, operate, and
provide the non-Federal share of the cost of teacher
training programs in effective approaches and processes
for the teaching of writing;
[(2) funds made available by the Secretary to the
grantee pursuant to any contract entered into under
this section will be used to pay the Federal share of
the cost of establishing and operating teacher training
programs as provided in paragraph (1); and
[(3) the grantee will meet such other conditions and
standards as the Secretary determines to be necessary
to assure compliance with the provisions of this
section and will provide such technical assistance as
may be necessary to carry out the provisions of this
section.
[(c) Teacher Training Programs.--The teacher training
programs authorized in subsection (a) shall--
[(1) be conducted during the school year and during
the summer months;
[(2) train teachers who teach grades kindergarten
through college;
[(3) select teachers to become members of a National
Writing Project teacher network whose members will
conduct writing workshops for other teachers in the
area served by each National Writing Project site; and
[(4) encourage teachers from all disciplines to
participate in such teacher training programs.
[(d) Federal Share.--
[(1) In general.--Except as provided in paragraph (2)
or (3) and for purposes of subsection (a), the term
``Federal share'' means, with respect to the costs of
teacher training programs authorized in subsection (a),
50 percent of such costs to the contractor.
[(2) Waiver.--The Secretary may waive the provisions
of paragraph (1) on a case-by-case basis if the
National Advisory Board described in subsection (e)
determines, on the basis of financial need, that such
waiver is necessary.
[(3) Maximum.--The Federal share of the costs of
teacher training programs conducted pursuant to
subsection (a) may not exceed $100,000 for any one
contractor, or $200,000 for a statewide program
administered by any one contractor in at least five
sites throughout the State.
[(e) National Advisory Board.--
[(1) Establishment.--The National Writing Project
shall establish and operate a National Advisory Board.
[(2) Composition.--The National Advisory Board
established pursuant to paragraph (1) shall consist
of--
[(A) national educational leaders;
[(B) leaders in the field of writing; and
[(C) such other individuals as the National
Writing Project determines necessary.
[(3) Duties.--The National Advisory Board established
pursuant to paragraph (1) shall--
[(A) advise the National Writing Project on
national issues related to student writing and
the teaching of writing;
[(B) review the activities and programs of
the National Writing Project; and
[(C) support the continued development of the
National Writing Project.
[(f) Evaluation.--
[(1) In general.--The Secretary shall conduct an
independent evaluation by grant or contract of the
teacher training programs administered pursuant to this
subpart. Such evaluation shall specify the amount of
funds expended by the National Writing Project and each
contractor receiving assistance under this section for
administrative costs. The results of such evaluation
shall be made available to the appropriate committees
of Congress.
[(2) Funding limitation.--The Secretary shall reserve
not more than $150,000 from the total amount
appropriated pursuant to the authority of subsection
(h) for fiscal year 2002 and each of the 5 succeeding
fiscal years to conduct the evaluation described in
paragraph (1).
[(g) Application Review.--
[(1) Review board.--The National Writing Project
shall establish and operate a National Review Board
that shall consist of--
[(A) leaders in the field of research in
writing; and
[(B) such other individuals as the National
Writing Project deems necessary.
[(2) Duties.--The National Review Board shall--
[(A) review all applications for assistance
under this subsection; and
[(B) recommend applications for assistance
under this subsection for funding by the
National Writing Project.
[(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this subpart $15,000,000 as may
be necessary for fiscal year 2002 and each of the 5 succeeding
fiscal years.]
* * * * * * *
[Subpart 4--Teaching of Traditional American History
[SEC. 2351. ESTABLISHMENT OF PROGRAM.
[(a) In General.--The Secretary may establish and implement a
program to be known as the ``Teaching American History Grant
Program'', under which the Secretary shall award grants on a
competitive basis to local educational agencies--
[(1) to carry out activities to promote the teaching
of traditional American history in elementary schools
and secondary schools as a separate academic subject
(not as a component of social studies); and
[(2) for the development, implementation, and
strengthening of programs to teach traditional American
history as a separate academic subject (not as a
component of social studies) within elementary school
and secondary school curricula, including the
implementation of activities--
[(A) to improve the quality of instruction;
and
[(B) to provide professional development and
teacher education activities with respect to
American history.
[(b) Required Partnership.--A local educational agency that
receives a grant under subsection (a) shall carry out
activities under the grant in partnership with one or more of
the following:
[(1) An institution of higher education.
[(2) A nonprofit history or humanities organization.
[(3) A library or museum.
[(c) Application.--To be eligible to receive an grant under
this section, a local educational agency shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may require.
[SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.]
* * * * * * *
[PART D--ENHANCING EDUCATION THROUGH TECHNOLOGY
[SEC. 2401. SHORT TITLE.
[This part may be cited as the ``Enhancing Education Through
Technology Act of 2001''.
[SEC. 2402. PURPOSES AND GOALS.
[(a) Purposes.--The purposes of this part are the following:
[(1) To provide assistance to States and localities
for the implementation and support of a comprehensive
system that effectively uses technology in elementary
schools and secondary schools to improve student
academic achievement.
[(2) To encourage the establishment or expansion of
initiatives, including initiatives involving public-
private partnerships, designed to increase access to
technology, particularly in schools served by high-need
local educational agencies.
[(3) To assist States and localities in the
acquisition, development, interconnection,
implementation, improvement, and maintenance of an
effective educational technology infrastructure in a
manner that expands access to technology for students
(particularly for disadvantaged students) and teachers.
[(4) To promote initiatives that provide school
teachers, principals, and administrators with the
capacity to integrate technology effectively into
curricula and instruction that are aligned with
challenging State academic content and student academic
achievement standards, through such means as high-
quality professional development programs.
[(5) To enhance the ongoing professional development
of teachers, principals, and administrators by
providing constant access to training and updated
research in teaching and learning through electronic
means.
[(6) To support the development and utilization of
electronic networks and other innovative methods, such
as distance learning, of delivering specialized or
rigorous academic courses and curricula for students in
areas that would not otherwise have access to such
courses and curricula, particularly in geographically
isolated regions.
[(7) To support the rigorous evaluation of programs
funded under this part, particularly regarding the
impact of such programs on student academic
achievement, and ensure that timely information on the
results of such evaluations is widely accessible
through electronic means.
[(8) To support local efforts using technology to
promote parent and family involvement in education and
communication among students, parents, teachers,
principals, and administrators.
[(b) Goals.--
[(1) Primary goal.--The primary goal of this part is
to improve student academic achievement through the use
of technology in elementary schools and secondary
schools.
[(2) Additional goals.--The additional goals of this
part are the following:
[(A) To assist every student in crossing the
digital divide by ensuring that every student
is technologically literate by the time the
student finishes the eighth grade, regardless
of the student's race, ethnicity, gender,
family income, geographic location, or
disability.
[(B) To encourage the effective integration
of technology resources and systems with
teacher training and curriculum development to
establish research-based instructional methods
that can be widely implemented as best
practices by State educational agencies and
local educational agencies.
[SEC. 2403. DEFINITIONS.
In this part:
[(1) Eligible local entity.--The term ``eligible
local entity'' means--
[(A) a high-need local educational agency; or
[(B) an eligible local partnership.
[(2) Eligible local partnership.--The term ``eligible
local partnership'' means a partnership that--
[(A) shall include at least one high-need
local educational agency and at least one--
[(i) local educational agency that
can demonstrate that teachers in
schools served by the agency are
effectively integrating technology and
proven teaching practices into
instruction, based on a review of
relevant research, and that the
integration results in improvement in--
[(I) classroom instruction in
the core academic subjects; and
[(II) the preparation of
students to meet challenging
State academic content and
student academic achievement
standards;
[(ii) institution of higher education
that is in full compliance with the
reporting requirements of section
207(f) of the Higher Education Act of
1965 and that has not been identified
by its State as low-performing under
section 208 of such Act;
[(iii) for-profit business or
organization that develops, designs,
manufactures, or produces technology
products or services, or has
substantial expertise in the
application of technology in
instruction; or
[(iv) public or private nonprofit
organization with demonstrated
experience in the application of
educational technology to instruction;
and
[(B) may include other local educational
agencies, educational service agencies,
libraries, or other educational entities
appropriate to provide local programs.
[(3) High-need local educational agency.--The term
``high-need local educational agency'' means a local
educational agency that--
[(A) is among the local educational agencies
in a State with the highest numbers or
percentages of children from families with
incomes below the poverty line; and
[(B)(i) operates one or more schools
identified under section 1116; or
[(ii) has a substantial need for assistance
in acquiring and using technology.
[SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out subparts 1 and 2, $1,000,000,000 for fiscal year
2002, and such sums as may be necessary for each of the 5
succeeding fiscal years.
[(b) Allocation of Funds Between State and Local and National
Initiatives.--The amount of funds made available under
subsection (a) for a fiscal year shall be allocated so that--
[(1) not less than 98 percent is made available to
carry out subpart 1; and
[(2) not more than 2 percent is made available to
carry out subpart 2.
[(c) Allocation of Funds for Study.--Of the total amount of
funds allocated under subsection (b)(2) for fiscal years 2002
through 2007, not more than $15,000,000 may be used to carry
out section 2421(a).
[(d) Limitation.--Of the amount of funds made available to a
recipient of funds under this part for a fiscal year, not more
than 5 percent may be used by the recipient for administrative
costs or technical assistance, of which not more than 60
percent may be used by the recipient for administrative costs.
[Subpart 1--State and Local Technology Grants
[SEC. 2411. ALLOTMENT AND REALLOTMENT.
[(a) Reservations and Allotment.--From the amount made
available to carry out this subpart under section 2404(b)(1)
for a fiscal year--
[(1) the Secretary shall reserve--
[(A) three-fourths of 1 percent for the
Secretary of the Interior for programs under
this subpart for schools operated or funded by
the Bureau of Indian Affairs;
[(B) one-half of 1 percent to provide
assistance under this subpart to the outlying
areas; and
[(C) such sums as may be necessary for
continuation awards on grants awarded under
section 3136 prior to the date of enactment of
the No Child Left Behind Act of 2001; and
[(2) from the remainder of such amount and subject to
subsection (b), the Secretary shall make grants by
allotting to each eligible State educational agency
under this subpart an amount that bears the same
relationship to such remainder for such year as the
amount received under part A of title I for such year
by such State educational agency bears to the amount
received under such part for such year by all State
educational agencies.
[(b) Minimum Allotment.--The amount of any State educational
agency's allotment under subsection (a)(2) for any fiscal year
may not be less than one-half of 1 percent of the amount made
available for allotments to States under this part for such
year.
[(c) Reallotment of Unused Funds.--If any State educational
agency does not apply for an allotment under this subpart for a
fiscal year, or does not use its entire allotment under this
subpart for that fiscal year, the Secretary shall reallot the
amount of the State educational agency's allotment, or the
unused portion of the allotment, to the remaining State
educational agencies that use their entire allotments under
this subpart in accordance with this section.
[(d) State Educational Agency Defined.--In this section, the
term ``State educational agency'' does not include an agency of
an outlying area or the Bureau of Indian Affairs.
[SEC. 2412. USE OF ALLOTMENT BY STATE.
[(a) In General.--Of the amount provided to a State
educational agency (from the agency's allotment under section
2411(a)(2)) for a fiscal year--
[(1) the State educational agency may use not more
than 5 percent to carry out activities under section
2415; and
[(2) the State educational agency shall distribute
the remainder as follows:
[(A) From 50 percent of the remainder, the
State educational agency shall award subgrants
by allocating to each eligible local
educational agency that has submitted an
application to the State educational agency
under section 2414, for the activities
described in section 2416, an amount that bears
the same relationship to 50 percent of the
remainder for such year as the amount received
under part A of title I for such year by such
local educational agency bears to the amount
received under such part for such year by all
local educational agencies within the State.
[(B) From 50 percent of the remainder and
subject to subsection (b), the State
educational agency shall award subgrants,
through a State-determined competitive process,
to eligible local entities that have submitted
applications to the State educational agency
under section 2414, for the activities
described in section 2416.
[(b) Sufficient Amounts.--
[(1) Special rule.--In awarding a subgrant under
subsection (a)(2)(B), the State educational agency
shall--
[(A) determine the local educational agencies
that--
[(i) received allocations under
subsection (a)(2)(A) that are not of
sufficient size to be effective,
consistent with the purposes of this
part; and
[(ii) are eligible local entities;
[(B) give priority to applications submitted
by eligible local educational agencies
described in subparagraph (A); and
[(C) determine the minimum amount for awards
under subsection (a)(2)(B) to ensure that
subgrants awarded under that subsection are of
sufficient size to be effective.
[(2) Sufficiency.--In awarding subgrants under
subsection (a)(2)(B), each State educational agency
shall ensure that each subgrant is of sufficient size
and duration, and that the program funded by the
subgrant is of sufficient scope and quality, to carry
out the purposes of this part effectively.
[(3) Distribution.--In awarding subgrants under
subsection (a)(2)(B), each State educational agency
shall ensure an equitable distribution of assistance
under this subpart among urban and rural areas of the
State, according to the demonstrated need of those
local educational agencies serving the areas.
[(c) Fiscal Agent.--If an eligible local partnership receives
a subgrant under subsection (a)(2)(B), a local educational
agency in the partnership shall serve as the fiscal agent for
the partnership.
[(d) Technical Assistance.--Each State educational agency
receiving a grant under section 2411(a) shall--
[(1) identify the local educational agencies served
by the State educational agency that--
[(A) have the highest numbers or percentages
of children from families with incomes below
the poverty line; and
[(B) demonstrate to such State educational
agency the greatest need for technical
assistance in developing an application under
section 2414; and
[(2) offer the technical assistance described in
paragraph (1)(B) to those local educational agencies.
[SEC. 2413. STATE APPLICATIONS.
[(a) In General.--To be eligible to receive a grant under
this subpart, a State educational agency shall submit to the
Secretary, at such time and in such manner as the Secretary may
specify, an application containing a new or updated statewide
long-range strategic educational technology plan (which shall
address the educational technology needs of local educational
agencies) and such other information as the Secretary may
reasonably require.
[(b) Contents.--Each State application submitted under
subsection (a) shall include each of the following:
[(1) An outline of the State educational agency's
long-term strategies for improving student academic
achievement, including technology literacy, through the
effective use of technology in classrooms throughout
the State, including through improving the capacity of
teachers to integrate technology effectively into
curricula and instruction.
[(2) A description of the State educational agency's
goals for using advanced technology to improve student
academic achievement, and how those goals are aligned
with challenging State academic content and student
academic achievement standards.
[(3) A description of how the State educational
agency will take steps to ensure that all students and
teachers in the State, particularly students and
teachers in districts served by high-need local
educational agencies, have increased access to
technology.
[(4) A description of the process and accountability
measures that the State educational agency will use to
evaluate the extent to which activities funded under
this subpart are effective in integrating technology
into curricula and instruction.
[(5) A description of how the State educational
agency 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, including distance
learning technologies, particularly for those areas of
the State that would not otherwise have access to such
courses and curricula due to geographical isolation or
insufficient resources.
[(6) An assurance that financial assistance provided
under this subpart will supplement, and not supplant,
State and local funds.
[(7) A description of how the plan incorporates
teacher education, professional development, and
curriculum development, and how the State educational
agency will work to ensure that teachers and principals
in a State receiving funds under this part are
technologically literate.
[(8) A description of--
[(A) how the State educational agency will
provide technical assistance to applicants
under section 2414, especially to those
applicants serving the highest numbers or
percentages of children in poverty or with the
greatest need for technical assistance; and
[(B) the capacity of the State educational
agency to provide such assistance.
[(9) A description of technology resources and
systems that the State will provide for the purpose of
establishing best practices that can be widely
replicated by State educational agencies and local
educational agencies in the State and in other States.
[(10) A description of the State's long-term
strategies for financing technology to ensure that all
students, teachers, and classrooms have access to
technology.
[(11) A description of the State's strategies for
using technology to increase parental involvement.
[(12) A description of how the State educational
agency will ensure that each subgrant awarded under
section 2412(a)(2)(B) is of sufficient size and
duration, and that the program funded by the subgrant
is of sufficient scope and quality, to carry out the
purposes of this part effectively.
[(13) A description of how the State educational
agency will ensure ongoing integration of technology
into school curricula and instructional strategies in
all schools in the State, so that technology will be
fully integrated into the curricula and instruction of
the schools by December 31, 2006.
[(14) A description of how the local educational
agencies in the State will provide incentives to
teachers who are technologically literate and teaching
in rural or urban areas, to encourage such teachers to
remain in those areas.
[(15) A description of how public and private
entities will participate in the implementation and
support of the plan.
[(c) Deemed Approval.--An application submitted by a State
educational agency pursuant to subsection (a) shall be deemed
to be approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the 120-day
period beginning on the date on which the Secretary received
the application, that the application is not in compliance with
this part.
[(d) Disapproval.--The Secretary shall not finally disapprove
the application, except after giving the State educational
agency notice and an opportunity for a hearing.
[(e) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part, with
this part, the Secretary shall--
[(1) give the State educational agency notice and an
opportunity for a hearing; and
[(2) notify the State educational agency of the
finding of noncompliance and, in such notification,
shall--
[(A) cite the specific provisions in the
application that are not in compliance; and
[(B) request additional information, only as
to the noncompliant provisions, needed to make
the application compliant.
[(f) Response.--If the State educational agency responds to
the Secretary's notification described in subsection (e)(2)
during the 45-day period beginning on the date on which the
agency received the notification, and resubmits the application
with the requested information described in subsection
(e)(2)(B), the Secretary shall approve or disapprove such
application prior to the later of--
[(1) the expiration of the 45-day period beginning on
the date on which the application is resubmitted; or
[(2) the expiration of the 120-day period described
in subsection (c).
[(g) Failure to Respond.--If the State educational agency
does not respond to the Secretary's notification described in
subsection (e)(2) during the 45-day period beginning on the
date on which the agency received the notification, such
application shall be deemed to be disapproved.
[SEC. 2414. LOCAL APPLICATIONS.
[(a) In General.--To be eligible to receive a subgrant from a
State educational agency under this subpart, a local
educational agency or eligible local entity shall submit to the
State educational agency an application containing a new or
updated local long-range strategic educational technology plan
that is consistent with the objectives of the statewide
educational technology plan described in section 2413(a), and
such other information as the State educational agency may
reasonably require, at such time and in such manner as the
State educational agency may require.
[(b) Contents.--The application shall include each of the
following:
[(1) A description of how the applicant will use
Federal funds under this subpart to improve the student
academic achievement, including technology literacy, of
all students attending schools served by the local
educational agency and to improve the capacity of all
teachers teaching in schools served by the local
educational agency to integrate technology effectively
into curricula and instruction.
[(2) A description of the applicant's specific goals
for using advanced technology to improve student
academic achievement, aligned with challenging State
academic content and student academic achievement
standards.
[(3) A description of the steps the applicant will
take to ensure that all students and teachers in
schools served by the local educational agency involved
have increased access to educational technology,
including how the agency would use funds under this
subpart (such as combining the funds with funds from
other sources), to help ensure that--
[(A) students in high-poverty and high-needs
schools, or schools identified under section
1116, have access to technology; and
[(B) teachers are prepared to integrate
technology effectively into curricula and
instruction.
[(4) A description of how the applicant will--
[(A) identify and promote curricula and
teaching strategies that integrate technology
effectively into curricula and instruction,
based on a review of relevant research, leading
to improvements in student academic
achievement, as measured by challenging State
academic content and student academic
achievement standards; and
[(B) provide ongoing, sustained professional
development for teachers, principals,
administrators, and school library media
personnel serving the local educational agency,
to further the effective use of technology in
the classroom or library media center,
including, if applicable, a list of the
entities that will be partners with the local
educational agency involved in providing the
ongoing, sustained professional development.
[(5) A description of the type and costs of
technologies to be acquired under this subpart,
including services, software, and digital curricula,
and including specific provisions for interoperability
among components of such technologies.
[(6) A description of how the applicant will
coordinate activities carried out with funds provided
under this subpart with technology-related activities
carried out with funds available from other Federal,
State, and local sources.
[(7) A description of how the applicant will
integrate technology (including software and other
electronically delivered learning materials) into
curricula and instruction, and a timeline for such
integration.
[(8) A description of how the applicant 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, including distance learning technologies,
particularly for those areas that would not otherwise
have access to such courses and curricula due to
geographical isolation or insufficient resources.
[(9) A description of how the applicant will ensure
the effective use of technology to promote parental
involvement and increase communication with parents,
including a description of how parents will be informed
of the technology being applied in their child's
education so that the parents are able to reinforce at
home the instruction their child receives at school.
[(10) A description of how programs will be
developed, where applicable, in collaboration with
adult literacy service providers, to maximize the use
of technology.
[(11) A description of the process and accountability
measures that the applicant will use to evaluate the
extent to which activities funded under this subpart
are effective in integrating technology into curricula
and instruction, increasing the ability of teachers to
teach, and enabling students to meet challenging State
academic content and student academic achievement
standards.
[(12) A description of the supporting resources (such
as services, software, other electronically delivered
learning materials, and print resources) that will be
acquired to ensure successful and effective uses of
technology.
[(c) Combined Applications.--A local educational agency that
is an eligible local entity and submits an application to the
State educational agency under this section for funds awarded
under section 2412(a)(2)(A) may combine the agency's
application for funds awarded under that section with an
application for funds awarded under section 2412(a)(2)(B).
[(d) Special Rule.--
[(1) Consortium applications.--
[(A) In general.--For any fiscal year, a
local educational agency applying for financial
assistance described in section 2412(a)(2)(A)
may apply as part of a consortium that includes
other local educational agencies, institutions
of higher education, educational service
agencies, libraries, or other educational
entities appropriate to provide local programs.
[(B) Fiscal agent.--If a local educational
agency applies for and receives financial
assistance described in section 2412(a)(2)(A)
as part of a consortium, the local educational
agency shall serve as the fiscal agent for the
consortium.
[(2) State educational agency assistance.--At the
request of a local educational agency, a State
educational agency may assist the local educational
agency in the formation of a consortium described in
paragraph (1) to provide services for the teachers and
students served by the local educational agency.
[SEC. 2415. STATE ACTIVITIES.
[From funds made available under section 2412(a)(1), a State
educational agency 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 or
recipients of funds under this subpart in the
development and utilization of, innovative strategies
for the delivery of specialized or rigorous academic
courses and curricula through the use of technology,
including distance learning technologies, and providing
other technical assistance to such applicants or
recipients throughout the State, with priority given to
high-need local educational agencies.
[(2) Establishing or supporting public-private
initiatives (such as interest-free or reduced-cost
loans) for the acquisition of educational technology
for high-need local educational agencies and students
attending schools served by such agencies.
[(3) Assisting recipients of funds under this subpart
in providing sustained and intensive, high-quality
professional development based on a review of relevant
research in the integration of advanced technologies,
including emerging technologies, into curricula and
instruction 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--
[(i) to use the Internet and other
technology to communicate with parents,
other teachers, principals, and
administrators; and
[(ii) to retrieve Internet-based
learning resources; and
[(C) lead to improvements in classroom
instruction in the core academic subjects, that
effectively prepare students to meet
challenging State academic content standards
and student academic achievement standards.
[(4) Assisting recipients of funds under this subpart
in providing all students (including students with
disabilities and students with limited English
proficiency) and teachers with access to educational
technology.
[(5) Developing performance measurement systems to
determine the effectiveness of educational technology
programs funded under this subpart, particularly in
determining the extent to which activities funded under
this subpart are effective in integrating technology
into curricula and instruction, increasing the ability
of teachers to teach, and enabling students to meet
challenging State academic content and student academic
achievement standards.
[(6) Collaborating with other State educational
agencies on distance learning, including making
specialized or rigorous academic courses and curricula
available to students in areas that would not otherwise
have access to such courses and curricula.
[SEC. 2416. LOCAL ACTIVITIES.
[(a) Professional Development.--
[(1) In general.--A recipient of funds made available
under section 2412(a)(2) shall use not less than 25
percent of such funds to provide ongoing, sustained,
and intensive, high-quality professional development.
The recipient shall provide professional development in
the integration of advanced technologies, including
emerging technologies, into curricula and instruction
and in using those technologies to create new learning
environments, such as professional development in the
use of technology--
[(A) to access data and resources to develop
curricula and instructional materials;
[(B) to enable teachers--
[(i) to use the Internet and other
technology to communicate with parents,
other teachers, principals, and
administrators; and
[(ii) to retrieve Internet-based
learning resources; and
[(C) to lead to improvements in classroom
instruction in the core academic subjects, that
effectively prepare students to meet
challenging State academic content standards,
including increasing student technology
literacy, and student academic achievement
standards.
[(2) Waivers.--Paragraph (1) shall not apply to a
recipient of funds made available under section
2412(a)(2) that demonstrates, to the satisfaction of
the State educational agency involved, that the
recipient already provides ongoing, sustained, and
intensive, high-quality professional development that
is based on a review of relevant research, to all
teachers in core academic subjects in the integration
of advanced technologies, including emerging
technologies, into curricula and instruction.
[(b) Other Activities.--In addition to the activities
described in subsection (a), a recipient of funds made
available by a State educational agency under section
2412(a)(2) shall use such funds to carry out other activities
consistent with this subpart, which may include the following:
[(1) Establishing or expanding initiatives,
particularly initiatives involving public-private
partnerships, designed to increase access to technology
for students and teachers, with special emphasis on the
access of high-need schools to technology.
[(2) Adapting or expanding existing and new
applications of technology to enable teachers to
increase student academic achievement, including
technology literacy--
[(A) through the use of teaching practices
that are based on a review of relevant research
and are designed to prepare students to meet
challenging State academic content and student
academic achievement standards; and
[(B) by the development and utilization of
innovative distance learning strategies to
deliver specialized or rigorous academic
courses and curricula to areas that would not
otherwise have access to such courses and
curricula.
[(3) Acquiring proven and effective courses and
curricula that include integrated technology and are
designed to help students meet challenging State
academic content and student academic achievement
standards.
[(4) Utilizing technology to develop or expand
efforts to connect schools and teachers with parents
and students to promote meaningful parental
involvement, to foster increased communication about
curricula, assignments, and assessments between
students, parents, and teachers, and to assist parents
to understand the technology being applied in their
child's education, so that parents are able to
reinforce at home the instruction their child receives
at school.
[(5) Preparing one or more teachers in elementary
schools 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, and providing bonus payments to the
technology leaders.
[(6) Acquiring, adapting, expanding, implementing,
repairing, and maintaining existing and new
applications of technology, to support the school
reform effort and to improve student academic
achievement, including technology literacy.
[(7) Acquiring connectivity linkages, resources, and
services (including the acquisition of hardware and
software and other electronically delivered learning
materials) for use by teachers, students, academic
counselors, and school library media personnel in the
classroom, in academic and college counseling centers,
or in school library media centers, in order to improve
student academic achievement.
[(8) Using technology to collect, manage, and analyze
data to inform and enhance teaching and school
improvement efforts.
[(9) Implementing performance measurement systems to
determine the effectiveness of education technology
programs funded under this subpart, particularly in
determining the extent to which activities funded under
this subpart are effective in integrating technology
into curricula and instruction, increasing the ability
of teachers to teach, and enabling students to meet
challenging State academic content and student academic
achievement standards.
[(10) Developing, enhancing, or implementing
information technology courses.
[Subpart 2--National Technology Activities
[SEC. 2421. NATIONAL ACTIVITIES.
[(a) Study.--Using funds made available under section
2404(b)(2), the Secretary--
[(1) shall conduct an independent, long-term study,
utilizing scientifically based research methods and
control groups or control conditions--
[(A) on the conditions and practices under
which educational technology is effective in
increasing student academic achievement; and
[(B) on the conditions and practices that
increase the ability of teachers to integrate
technology effectively into curricula and
instruction, that enhance the learning
environment and opportunities, and that
increase student academic achievement,
including technology literacy;
[(2) shall establish an independent review panel to
advise the Secretary on methodological and other issues
that arise in conducting the long-term study;
[(3) shall consult with other interested Federal
departments or agencies, State and local educational
practitioners and policymakers (including teachers,
principals, and superintendents), and experts in
technology, regarding the study; and
[(4) shall submit to Congress interim reports, when
appropriate, and a final report, to be submitted not
later than April 1, 2006, on the findings of the study.
[(b) Dissemination.--Using funds made available under section
2404(b)(2), the Secretary shall make widely available,
including through dissemination on the Internet and to all
State educational agencies and other recipients of funds under
this part, findings identified through activities carried out
under this section regarding the conditions and practices under
which educational technology is effective in increasing student
academic achievement.
[(c) Technical Assistance.--Using funds made available under
section 2404(b)(2), the Secretary may provide technical
assistance (directly or through the competitive award of grants
or contracts) to State educational agencies, local educational
agencies, and other recipients of funds, particularly in rural
areas, under this part, in order to assist such State
educational agencies, local educational agencies, and other
recipients to achieve the purposes of this part.
[SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.
[(a) In General.--Based on the Nation's progress and an
assessment by the Secretary of the continuing and future needs
of the Nation's schools in effectively using technology to
provide all students the opportunity to meet challenging State
academic content and student academic achievement standards,
the Secretary shall update and publish, in a form readily
accessible to the public, a national long-range technology
plan, by not later than 12 months after the date of enactment
of the No Child Left Behind Act of 2001.
[(b) Contents.--The plan referred to in subsection (a) shall
include each of the following:
[(1) A description of the manner in which the
Secretary will promote--
[(A) higher student academic achievement
through the integration of advanced
technologies, including emerging technologies,
into curricula and instruction;
[(B) increased access to technology for
teaching and learning for schools with a high
number or percentage of children from families
with incomes below the poverty line; and
[(C) the use of technology to assist in the
implementation of State systemic reform
strategies.
[(2) A description of joint activities of the
Department of Education and other Federal departments
or agencies that will promote the use of technology in
education.
[Subpart 3--Ready-to-Learn Television
[SEC. 2431. READY-TO-LEARN TELEVISION.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to, or enter into contracts or cooperative
agreements with, eligible entities described in
paragraph (3) to enable such entities--
[(A) to 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;
[(B) to 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 the
accompanying support materials and services
that promote the effective use of such
programming;
[(C) to facilitate the development of
programming and digital content containing
Ready-to-Learn-based children's programming and
resources for parents and caregivers that is
specially designed for nationwide distribution
over public television stations' digital
broadcasting channels and the Internet;
[(D) to contract with entities (such as
public telecommunications entities) so that
programs developed under this section are
disseminated and distributed to the widest
possible audience appropriate to be served by
the programming, and through the use of the
most appropriate distribution technologies; and
[(E) to develop and disseminate education and
training materials, including interactive
programs and programs adaptable to distance
learning technologies, that are designed--
[(i) to promote school readiness; and
[(ii) to promote the effective use of
materials developed under subparagraphs
(B) and (C) among parents, teachers,
Head Start providers, Even Start
providers, providers of family literacy
services, child care providers, early
childhood development personnel,
elementary school teachers, public
libraries, and after-school program
personnel caring for preschool and
elementary school children.
[(2) Availability.--In awarding grants, contracts, or
cooperative agreements under this section, the
Secretary shall ensure that eligible entities make
programming widely available, with support materials as
appropriate, to young children, parents, child care
workers, Head Start providers, Even Start providers,
and providers of family literacy services to increase
the effective use of such programming.
[(3) Eligible entities.--To be eligible to receive a
grant, contract, or cooperative agreements under this
section, an entity shall be a public telecommunications
entity that is able to demonstrate each of the
following:
[(A) A capacity for the development and
national distribution of educational and
instructional television programming of high
quality that is accessible by a large majority
of disadvantaged preschool and elementary
school children.
[(B) A capacity to contract with the
producers of children's television programming
for the purpose of developing educational
television programming of high quality.
[(C) A capacity, consistent with the entity's
mission and nonprofit nature, to negotiate such
contracts in a manner that returns to the
entity an appropriate share of any ancillary
income from sales of any program-related
products.
[(D) A capacity to localize programming and
materials to meet specific State and local
needs and to provide educational outreach at
the local level.
[(4) Coordination of activities.--An entity receiving
a grant, contract, or cooperative agreement under this
section shall consult with the Secretary and the
Secretary of Health and Human Services--
[(A) to 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) to coordinate activities with Federal
programs that have major training components
for early childhood development, including
programs under the Head Start Act (42 U.S.C.
9831 et seq.) and Even Start, and State
training activities funded under the Child Care
and Development Block Grant Act of 1990 (42
U.S.C. 9858 et seq.), regarding the
availability and utilization of materials
developed under paragraph (1)(E) to enhance
parent and child care provider skills in early
childhood development and education.
[(b) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an
entity shall submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may reasonably require.
[(c) Reports and Evaluations.--
[(1) Annual report to the secretary.--An entity
receiving a grant, contract, or cooperative agreement
under this section shall prepare and submit to the
Secretary an annual report that contains such
information as the Secretary may require. At a minimum,
the report shall describe the program activities
undertaken with funds received under the grant,
contract, or cooperative agreement, including each of
the following:
[(A) The programming that has been developed,
directly or indirectly, by the eligible entity,
and the target population of the programs
developed.
[(B) The support and training materials that
have been developed to accompany the
programming, and the method by which the
materials are distributed to consumers and
users of the programming.
[(C) 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.
[(D) The initiatives undertaken by the entity
to develop public-private partnerships to
secure non-Federal support for the development,
distribution, and broadcast of educational and
instructional programming.
[(2) Report to congress.--The Secretary shall prepare
and submit to the relevant committees of Congress a
biannual report that includes the following:
[(A) A summary of the activities assisted
under subsection (a).
[(B) A description of the education and
training materials made available under
subsection (a)(1)(E), 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 subsection.
[(d) Administrative Costs.--An entity that receives a grant,
contract, or cooperative agreement under this section may use
up to 5 percent of the amount received under the grant,
contract, or agreement for the normal and customary expenses of
administering the grant, contract, or agreement.
[(e) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002, and for each of the
5 succeeding fiscal years.
[(2) Funding rule.--Not less than 60 percent of the
amount appropriated under paragraph (1) for each fiscal
year shall be used to carry out activities under
subparagraphs (B) through (D) of subsection (a)(1).
[Subpart 4--Limitation on Availability of Certain Funds for Schools
[SEC. 2441. INTERNET SAFETY.
[(a) In General.--No funds made available under this part to
a local educational agency for an elementary school or
secondary school that does not receive services at discount
rates under section 254(h)(5) of the Communications Act of 1934
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to
access the Internet, or to pay for direct costs associated with
accessing the Internet, for such school unless the school,
school board, local educational agency, or other authority with
responsibility for administration of such school both--
[(1)(A) has in place a policy of Internet safety for
minors that includes the operation of a technology
protection measure with respect to any of its computers
with Internet access that protects against access
through such computers to visual depictions that are--
[(i) obscene;
[(ii) child pornography; or
[(iii) harmful to minors; and
[(B) is enforcing the operation of such technology
protection measure during any use of such computers by
minors; and
[(2)(A) has in place a policy of Internet safety that
includes the operation of a technology protection
measure with respect to any of its computers with
Internet access that protects against access through
such computers to visual depictions that are--
[(i) obscene; or
[(ii) child pornography; and
[(B) is enforcing the operation of such technology
protection measure during any use of such computers.
[(b) Timing and Applicability of Implementation.--
[(1) In general.--The local educational agency with
responsibility for a school covered by subsection (a)
shall certify the compliance of such school with the
requirements of subsection (a) as part of the
application process for the next program funding year
under this Act following December 21, 2000, and for
each subsequent program funding year thereafter.
[(2) Process.--
[(A) Schools with internet safety policies
and technology protection measures in place.--A
local educational agency with responsibility
for a school covered by subsection (a) that has
in place an Internet safety policy meeting the
requirements of subsection (a) shall certify
its compliance with subsection (a) during each
annual program application cycle under this
Act.
[(B) Schools without internet safety policies
and technology protection measures in place.--
[(i) Certification.--A local
educational agency with responsibility
for a school covered by subsection (a)
that does not have in place an Internet
safety policy meeting the requirements
of subsection (a)--
[(I) for the first program
year after December 21, 2000,
in which the local educational
agency is applying for funds
for such school under this Act,
shall certify that it is
undertaking such actions,
including any necessary
procurement procedures, to put
in place an Internet safety
policy that meets such
requirements; and
[(II) for the second program
year after December 21, 2000,
in which the local educational
agency is applying for funds
for such school under this Act,
shall certify that such school
is in compliance with such
requirements.
[(ii) Ineligibility.--Any school
covered by subsection (a) for which the
local educational agency concerned is
unable to certify compliance with such
requirements in such second program
year shall be ineligible for all
funding under this part for such second
program year and all subsequent program
years until such time as such school
comes into compliance with such
requirements.
[(C) Waivers.--Any school subject to a
certification under subparagraph (B)(i)(II) for
which the local educational agency concerned
cannot make the certification otherwise
required by that subparagraph may seek a waiver
of that subparagraph if State or local
procurement rules or regulations or competitive
bidding requirements prevent the making of the
certification otherwise required by that
subparagraph. The local educational agency
concerned shall notify the Secretary of the
applicability of that subparagraph to the
school. Such notice shall certify that the
school will be brought into compliance with the
requirements in subsection (a) before the start
of the third program year after December 21,
2000, in which the school is applying for funds
under this part.
[(c) Disabling During Certain Use.--An administrator,
supervisor, or person authorized by the responsible authority
under subsection (a) may disable the technology protection
measure concerned to enable access for bona fide research or
other lawful purposes.
[(d) Noncompliance.--
[(1) Use of general education provisions act
remedies.--Whenever the Secretary has reason to believe
that any recipient of funds under this part is failing
to comply substantially with the requirements of this
section, the Secretary may--
[(A) withhold further payments to the
recipient under this part;
[(B) issue a complaint to compel compliance
of the recipient through a cease and desist
order; or
[(C) enter into a compliance agreement with a
recipient to bring it into compliance with such
requirements,
in same manner as the Secretary is authorized to take
such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act.
[(2) Recovery of funds prohibited.--The actions
authorized by paragraph (1) are the exclusive remedies
available with respect to the failure of a school to
comply substantially with a provision of this section,
and the Secretary shall not seek a recovery of funds
from the recipient for such failure.
[(3) Recommencement of payments.--Whenever the
Secretary determines (whether by certification or other
appropriate evidence) that a recipient of funds who is
subject to the withholding of payments under paragraph
(1)(A) has cured the failure providing the basis for
the withholding of payments, the Secretary shall cease
the withholding of payments to the recipient under that
paragraph.
[(e) Definitions.--In this subpart:
[(1) Computer.--The term ``computer'' includes any
hardware, software, or other technology attached or
connected to, installed in, or otherwise used in
connection with a computer.
[(2) Access to internet.--A computer shall be
considered to have access to the Internet if such
computer is equipped with a modem or is connected to a
computer network that has access to the Internet.
[(3) Acquisition or operation.--An elementary school
or secondary school shall be considered to have
received funds under this part for the acquisition or
operation of any computer if such funds are used in any
manner, directly or indirectly--
[(A) to purchase, lease, or otherwise acquire
or obtain the use of such computer; or
[(B) to obtain services, supplies, software,
or other actions or materials to support, or in
connection with, the operation of such
computer.
[(4) Minor.--The term ``minor'' means an individual
who has not attained the age of 17.
[(5) Child pornography.--The term ``child
pornography'' has the meaning given that term in
section 2256 of title 18, United States Code.
[(6) Harmful to minors.--The term ``harmful to
minors'' means any picture, image, graphic image file,
or other visual depiction that--
[(A) taken as a whole and with respect to
minors, appeals to a prurient interest in
nudity, sex, or excretion;
[(B) depicts, describes, or represents, in a
patently offensive way with respect to what is
suitable for minors, an actual or simulated
sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or a
lewd exhibition of the genitals; and
[(C) taken as a whole, lacks serious
literary, artistic, political, or scientific
value as to minors.
[(7) Obscene.--The term ``obscene'' has the meaning
applicable to that term under section 1460 of title 18,
United States Code.
[(8) Sexual act and sexual contact.--The terms
``sexual act'' and ``sexual contact'' have the meanings
given those terms in section 2246 of title 18, United
States Code.
[(f) Severability.--If any provision of this section is held
invalid, the remainder of this section shall not be affected
thereby.]
TITLE III--LANGUAGE INSTRUCTION FOR LIMITED ENGLISH PROFICIENT AND
IMMIGRANT STUDENTS
SEC. 3001. AUTHORIZATIONS OF APPROPRIATIONS; CONDITION ON EFFECTIVENESS
OF PARTS.
[(a) Authorizations of Appropriations.--]
[(1) In general.--Subject] (a) Authorization of
Appropriation.--Subject to subsection (b), there are
authorized to be appropriated to carry out this title[,
except for subpart 4 of part B], $750,000,000 for
fiscal year 2002 and such sums as may be necessary for
each of the 5 succeeding fiscal years.
[(2) Emergency immigrant education program.--There
are authorized to be appropriated to carry out subpart
4 of part B (when such part is in effect) such sums as
may be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.]
[(b) Conditions on Effectiveness of Parts A and B.--]
[(1) Part a.--Part A] (b) Conditions on Effectiveness
of Part A.--Part A shall be in effect for any fiscal
year for which the amount appropriated under
[paragraphs (1) and (2) of] subsection (a) equals or
exceeds $650,000,000.
[(2) Part b.--Part B shall be in effect only for a
fiscal year for which part A is not in effect.]
[(c) References.--In any fiscal year for which part A is in
effect, references in Federal law (other than this title) to
part B shall be considered to be references to part A. In any
fiscal year for which part B is in effect, references in
Federal law (other than this title) to part A shall be
considered to be references to part B.]
* * * * * * *
[PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS
[SEC. 3201. SHORT TITLE.
[This part may be cited as the ``Improving Language
Instruction Educational Programs For Academic Achievement
Act''.
[SEC. 3202. PURPOSE.
The purpose of this part is to help ensure that limited
English proficient children master English and meet the same
rigorous standards for academic achievement as all children are
expected to meet, including meeting challenging State academic
content and student academic achievement standards by--
[(1) promoting systemic improvement and reform of,
and developing accountability systems for, educational
programs serving limited English proficient children;
[(2) developing language skills and multicultural
understanding;
[(3) developing the English proficiency of limited
English proficient children and, to the extent
possible, the native language skills of such children;
[(4) providing similar assistance to Native Americans
with certain modifications relative to the unique
status of Native American languages under Federal law;
[(5) developing data collection and dissemination,
research, materials, and technical assistance that are
focused on school improvement for limited English
proficient children; and
[(6) developing programs that strengthen and improve
the professional training of educational personnel who
work with limited English proficient children.
[SEC. 3203. NATIVE AMERICAN CHILDREN IN SCHOOL.
[(a) Eligible Entities.--For the purpose of carrying out
programs under this part for individuals served by elementary
schools, secondary schools, and postsecondary schools operated
predominately for Native American (including Alaska Native)
children and youth, an Indian tribe, a tribally sanctioned
educational authority, a Native Hawaiian or Native American
Pacific Islander native language education organization, or an
elementary school or secondary school that is operated or
funded by the Bureau of Indian Affairs shall be considered to
be a local educational agency.
[(b) Application.--Notwithstanding any other provision of
this part, each tribe, authority, organization, or school
described in subsection (a) shall submit any application for
assistance under this part directly to the Secretary along with
timely comments on the need for the program proposed in the
application.
[SEC. 3204. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED STATES.
[For the purpose of carrying out programs under this part in
the outlying areas, the term ``local educational agency''
includes public institutions or agencies whose mission is the
preservation and maintenance of native languages.
[Subpart 1--Program Development and Enhancement
[SEC. 3211. FINANCIAL ASSISTANCE FOR LANGUAGE INSTRUCTION EDUCATIONAL
PROGRAMS.
[The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections
3212 and 3213--
[(1) to develop and enhance their capacity to provide
high-quality instruction through language instruction
educational programs or special alternative instruction
programs to limited English proficient children; and
[(2) to help such children--
[(A) develop English proficiency and, to the
extent possible, proficiency in their native
language; and
[(B) meet the same challenging State academic
content and student academic achievement
standards as all children are expected to meet
under section 1111(b)(1).
[SEC. 3212. PROGRAM ENHANCEMENT ACTIVITIES.
[(a) Program Authorized.--
[(1) Authority.--
[(A) In general.--The Secretary is authorized
to award grants to eligible entities having
applications approved under section 3214 to
enable such entities to provide innovative,
locally designed, high-quality instruction to
limited English proficient children, by
expanding, developing, or strengthening
language instruction educational programs or
special alternative instruction programs.
[(B) Period.--Each grant awarded under this
section shall be awarded for a period of 3
years.
[(2) Authorized activities.--
[(A) Mandatory activities.--Grants awarded
under this section shall be used for--
[(i) developing, implementing,
expanding, or enhancing comprehensive
preschool, elementary, or secondary
education programs for limited English
proficient children, that are--
[(I) aligned with State and
local academic content and
student academic achievement
standards, and local school
reform efforts; and
[(II) coordinated with
related academic services for
children;
[(ii) providing high-quality
professional development to classroom
teachers, administrators, and other
school or community-based organization
personnel to improve the instruction
and assessment of limited English
proficient children; and
[(iii) annually assessing the English
proficiency of all limited English
proficient children served by
activities carried out under this
section.
[(B) Permissible activities.--Grants awarded
under this section may be used for--
[(i) implementing programs to upgrade
the reading and other academic skills
of limited English proficient children;
[(ii) developing accountability
systems to monitor the academic
progress of limited English proficient
and formerly limited English proficient
children;
[(iii) implementing family education
programs and parent outreach and
training activities designed to assist
parents to become active participants
in the education of their children;
[(iv) improving the instruction
programs for limited English proficient
children by identifying, acquiring, and
applying effective curricula,
instruction materials (including
materials provided through technology),
and assessments that are all aligned
with State and local standards;
[(v) providing intensified
instruction, including tutorials and
academic, or vocational and technical,
training, for limited English
proficient children;
[(vi) adapting best practice models
for meeting the needs of limited
English proficient children;
[(vii) assisting limited English
proficient children with disabilities;
[(viii) implementing applied learning
activities such as service learning to
enhance and support comprehensive
elementary and secondary language
instruction educational programs;
[(ix) acquiring or developing
education technology or instruction
materials for limited English
proficient children, including
materials in languages other than
English;
[(x) participating in electronic
networks for materials, training, and
communication, and incorporating
information derived from such
participation in curricula and
programs; and
[(xi) carrying out such other
activities related to the purpose of
this part as the Secretary may approve.
[(b) Priority.--In awarding grants under this section, the
Secretary may give priority to an entity that--
[(1) serves a school district--
[(A) that has a total district enrollment
that is less than 10,000 students; or
[(B) with a large percentage or number of
limited English proficient children; and
[(2) has limited or no experience in serving limited
English proficient children.
[(c) Eligible Entity.--In this section, the term ``eligible
entity'' means--
[(1) one or more local educational agencies;
[(2) one or more local educational agencies in
collaboration with an institution of higher education,
community-based organization, or State educational
agency; or
[(3) a community-based organization or an institution
of higher education that has an application approved by
the local educational agency to participate in programs
carried out under this subpart by enhancing early
childhood education or family education programs or
conducting instruction programs that supplement the
educational services provided by a local educational
agency.
[SEC. 3213. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT ACTIVITIES.
[(a) Program Authorized.--
[(1) Authority.--The Secretary is authorized to award
grants to eligible entities having applications
approved under section 3214 to enable such entities to
develop and implement language instruction educational
programs, and improve, reform, or upgrade programs or
operations that serve significant percentages or
numbers of limited English proficient children.
[(2) Mandatory activities.--Grants awarded under this
section shall be used for--
[(A) improving instruction programs for
limited English proficient children by
acquiring and upgrading curricula and related
instruction materials;
[(B) aligning the activities carried out
under this section with State and local school
reform efforts;
[(C) providing training, aligned with State
and local standards, to school personnel and
participating community-based organization
personnel to improve the instruction and
assessment of limited English proficient
children;
[(D) developing and implementing plans,
coordinated with plans for programs carried out
under title II of the Higher Education Act of
1965 (where applicable), and title II of this
Act (where applicable), to recruit teachers
trained to serve limited English proficient
children;
[(E) implementing culturally and
linguistically appropriate family education
programs, or parent outreach and training
activities, that are designed to assist parents
of limited English proficient children to
become active participants in the education of
their children;
[(F) coordinating the activities carried out
under this section with other programs, such as
programs carried out under this title;
[(G) providing services to meet the full
range of the educational needs of limited
English proficient children;
[(H) annually assessing the English
proficiency of all limited English proficient
children served by the activities carried out
under this section; and
[(I) developing or improving accountability
systems to monitor the academic progress of
limited English proficient children.
[(3) Permissible activities.--Grants awarded under
this section may be used for--
[(A) implementing programs to upgrade reading
and other academic skills of limited English
proficient children;
[(B) developing and using educational
technology to improve learning, assessments,
and accountability to meet the needs of limited
English proficient children;
[(C) implementing scientifically based
research programs to meet the needs of limited
English proficient children;
[(D) providing tutorials and academic, or
vocational and technical, training for limited
English proficient children;
[(E) developing and implementing State and
local academic content and student academic
achievement standards for learning English as a
second language, as well as for learning other
languages;
[(F) developing and implementing programs for
limited English proficient children to meet the
needs of changing populations of such children;
[(G) implementing policies to ensure that
limited English proficient children have access
to other education programs (other than
programs designed to address limited English
proficiency);
[(H) assisting limited English proficient
children with disabilities;
[(I) developing and implementing programs to
help children become proficient in English and
other languages;
[(J) acquiring or developing education
technology or instruction materials for limited
English proficient children, including
materials in languages other than English;
[(K) participating in electronic networks for
materials, training, and communication and
incorporating information derived from such
participation in curricula and programs; and
[(L) carrying out such other activities
related to the purpose of this part as the
Secretary may approve.
[(4) Special rule.--
[(A) Planning.--A recipient of a grant under
this section, before carrying out activities
under this section, shall plan, train
personnel, develop curricula, and acquire or
develop materials, but shall not use funds made
available under this section for planning
purposes for more than 45 days.
[(B) Commencement of activities.--The
recipient shall commence carrying out
activities under this section not later than
the later of--
[(i) the beginning of the first
school year that begins after the grant
is received; or
[(ii) 30 days after the date of
receipt of the grant.
[(b) Availability of Appropriations.--
[(1) Reservation of funds for continued payments.--
[(A) Covered grant.--In this paragraph, the
term ``covered grant'' means a grant--
[(i) that was awarded under section
7112, 7113, 7114, or 7115 (as such
sections were in effect on the day
before the date of enactment of the No
Child Left Behind Act of 2001); and
[(ii) for which the grant period has
not ended.
[(B) Reservation.--For any fiscal year that
is part of the grant period of a covered grant,
the Secretary shall reserve funds for the
payments described in subparagraph (C) from the
amount appropriated for the fiscal year under
section 3001(a) and made available for carrying
out this section.
[(C) Payments.--The Secretary shall continue
to make grant payments to each entity that
received a covered grant, in accordance with
the terms of that grant, for the duration of
the grant period of the grant, to carry out
activities in accordance with the appropriate
section described in subparagraph (A)(i).
[(2) Availability.--Of the amount appropriated for a
fiscal year under section 3001(a) that is made
available to carry out this section, and that remains
after the Secretary reserves funds for payments under
paragraph (1)--
[(A) not less than one-third of the remainder
shall be used to award grants to eligible
entities for activities carried out within an
entire school district; and
[(B) not less than two-thirds of the
remainder shall be used to award grants to
eligible entities for activities carried out
within individual schools.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to an applicant that--
[(1) experiences a significant increase in the number
or percentage of limited English proficient children
enrolled in the applicant's programs and has limited or
no experience in serving limited English proficient
children;
[(2) is a local educational agency that serves a
school district that has a total district enrollment
that is less than 10,000 students;
[(3) demonstrates that the applicant has a proven
track record of success in helping limited English
proficient children learn English and meet high
academic standards; or
[(4) serves a school district with a large number or
percentage of limited English proficient children.
[(d) Eligible Entities.--In this section, the term ``eligible
entity'' means--
[(1) one or more local educational agencies; or
[(2) one or more local educational agencies, in
collaboration with an institution of higher education,
community-based organization, or State educational
agency.
[SEC. 3214. APPLICATIONS.
[(a) In General.--
[(1) Secretary.--To receive a grant under this
subpart, an eligible entity described in section 3212
or 3213 shall submit an application to the Secretary at
such time, in such form, and containing such
information as the Secretary may require.
[(2) State educational agency.--The eligible entity,
with the exception of schools funded by the Bureau of
Indian Affairs, shall submit a copy of the application
submitted by the entity under this section to the State
educational agency.
[(b) State Review and Comments.--
[(1) Deadline.--The State educational agency, not
later than 45 days after receipt of an application
under this section, shall review the application and
submit the written comments of the agency regarding the
application to the Secretary.
[(2) Comments.--
[(A) Submission of comments.--Regarding
applications submitted under this subpart, the
State educational agency shall--
[(i) submit to the Secretary written
comments regarding all such
applications; and
[(ii) submit to each eligible entity
the comments that pertain to such
entity.
[(B) Subject.--For purposes of this subpart,
such comments shall address--
[(i) how the activities to be carried
out under the grant will further the
academic achievement and English
proficiency of limited English
proficient children served under the
grant; and
[(ii) how the grant application is
consistent with the State plan required
under section 1111.
[(c) Eligible Entity Comments.--An eligible entity may submit
to the Secretary comments that address the comments submitted
by the State educational agency.
[(d) Comment Consideration.--In making grants under this
subpart, the Secretary shall take into consideration comments
made by State educational agencies.
[(e) Waiver.--Notwithstanding subsection (b), the Secretary
is authorized to waive the review requirement specified in
subsection (b) if a State educational agency can demonstrate
that such review requirement may impede such agency's ability
to fulfill the requirements of participation in the program
authorized in section 3224, particularly such agency's ability
to carry out data collection efforts and such agency's ability
to provide technical assistance to local educational agencies
not receiving funds under this subpart.
[(f) Required Documentation.--Such application shall include
documentation that--
[(1) the applicant has the qualified personnel
required to develop, administer, and implement the
program proposed in the application; and
[(2) the leadership personnel of each school
participating in the program have been involved in the
development and planning of the program in the school.
[(g) Contents.--
[(1) In general.--An application for a grant under
this subpart shall contain the following:
[(A) A description of the need for the
proposed program, including--
[(i) data on the number of limited
English proficient children in the
school or school district to be served;
[(ii) information on the
characteristics of the children,
including--
[(I) the native languages of
the children;
[(II) the proficiency of the
children in English and their
native language;
[(III) achievement data
(current as of the date of
submission of the application)
for the limited English
proficient children in--
[(aa) reading or
language arts (in
English and in the
native language, if
applicable); and
[(bb) mathematics;
[(IV) a comparison of that
data for the children with that
data for the English proficient
peers of the children; and
[(V) the previous schooling
experiences of the children;
[(iii) the professional development
needs of the instruction personnel who
will provide services for the limited
English proficient children under the
proposed program; and
[(iv) how the services provided
through the grant will supplement the
basic services provided to limited
English proficient children.
[(B) A description of the program to be
implemented and how such program's design--
[(i) relates to the linguistic and
academic needs of the limited English
proficient children to be served;
[(ii) will ensure that the services
provided through the program will
supplement the basic services the
applicant provides to limited English
proficient children;
[(iii) will ensure that the program
is coordinated with other programs
under this Act and other Acts;
[(iv) involves the parents of the
limited English proficient children to
be served;
[(v) ensures accountability in
achieving high academic standards; and
[(vi) promotes coordination of
services for the limited English
proficient children to be served and
their families.
[(C) A description, if appropriate, of the
applicant's collaborative activities with
institutions of higher education, community-
based organizations, local educational agencies
or State educational agencies, private schools,
nonprofit organizations, or businesses in
carrying out the proposed program.
[(D) An assurance that the applicant will not
reduce the level of State and local funds that
the applicant expends for language instruction
educational programs or special alternative
instruction programs if the applicant receives
an award under this subpart.
[(E) An assurance that the applicant will
employ teachers in the proposed program who,
individually or in combination, are proficient
in--
[(i) English, with respect to
written, as well as oral, communication
skills; and
[(ii) the native language of the
majority of the children who the
teachers teach, if instruction in the
program is in the native language as
well as English.
[(F) A budget for the grant funds.
[(2) Additional information.--Each application for a
grant under section 3213 shall--
[(A) describe--
[(i) current services (as of the date
of submission of the application) the
applicant provides to limited English
proficient children;
[(ii) what services limited English
proficient children will receive under
the grant that such children will not
otherwise receive;
[(iii) how funds received under this
subpart will be integrated with all
other Federal, State, local, and
private resources that may be used to
serve limited English proficient
children;
[(iv) specific achievement and school
retention goals for the children to be
served by the proposed program and how
progress toward achieving such goals
will be measured; and
[(v) the current family education
programs (as of the date of submission
of the application) of the eligible
entity, if applicable; and
[(B) provide assurances that--
[(i) the program funded with the
grant will be integrated with the
overall educational program of the
children served through the proposed
program; and
[(ii) the application has been
developed in consultation with parents
and other representatives of the
children to be served in such program.
[(h) Approval of Applications.--An application for a grant
under this subpart may be approved only if the Secretary
determines that--
[(1) the program proposed in the application will use
qualified personnel, including personnel who are
proficient in the language or languages used for
instruction;
[(2) in designing the program, the eligible entity
has, after consultation with appropriate private school
officials--
[(A) taken into account the needs of children
in nonprofit private elementary schools and
secondary schools; and
[(B) in a manner consistent with the number
of such children enrolled in such schools in
the area to be served, whose educational needs
are of the type and whose language, and grade
levels are of a similar type to the needs,
language, and grade levels that the program is
intended to address, provided for the
participation of such children on a basis
comparable to the basis on which public school
children participate;
[(3)(A) student evaluation and assessment procedures
in the program are valid and reliable for limited
English proficient children; and
[(B) limited English proficient children with
disabilities will be identified and served through the
program in accordance with the requirements of the
Individuals with Disabilities Education Act;
[(4) Federal funds made available for the program
will be used to supplement the State and local funds
that, in the absence of such Federal funds, would be
expended for special programs for children of limited
English proficient individuals, and in no case to
supplant such State and local funds, except that
nothing in this paragraph shall be construed to
preclude a local educational agency from using funds
made available under this subpart--
[(A) for activities carried out under an
order of a Federal or State court respecting
services to be provided to such children; or
[(B) to carry out a plan approved by the
Secretary as adequate under title VI of the
Civil Rights Act of 1964 with respect to
services to be provided to such children;
[(5)(A) the assistance provided through the grant
will contribute toward building the capacity of the
eligible entity to provide a program on a regular
basis, similar to the proposed program, that will be of
sufficient size, scope, and quality to promise
significant improvement in the education of limited
English proficient children; and
[(B) the eligible entity will have the resources and
commitment to continue the program of sufficient size,
scope, and quality when assistance under this subpart
is reduced or no longer available; and
[(6) the eligible entity will use State and national
dissemination sources for program design and
dissemination of results and products.
[(i) Consideration.--In determining whether to approve an
application under this subpart, the Secretary shall give
consideration to--
[(1) the degree to which the program for which
assistance is sought involves the collaborative efforts
of institutions of higher education, community-based
organizations, the appropriate local educational agency
and State educational agency, or businesses; and
[(2) whether the application provides for training
for personnel participating in, or preparing to
participate in, a program that will assist such
personnel in meeting State and local certification
requirements.
[SEC. 3215. CAPACITY BUILDING.
[Each recipient of a grant under this subpart shall use the
grant in ways that will build such recipient's capacity to
continue to offer high-quality language instruction educational
programs and special alternative instruction programs to
limited English proficient children after Federal assistance is
reduced or eliminated.
[SEC. 3216. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
[Notwithstanding any other provision of this part, programs
authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and
children in the Commonwealth of Puerto Rico may include
programs of instruction, teacher training, curriculum
development, evaluation, and assessment designed for Native
American children learning and studying Native American
languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be
increased English proficiency among such children.
[SEC. 3217. EVALUATIONS.
[(a) Evaluation.--Each recipient of funds under this subpart
for a program shall annually conduct an evaluation of the
program and submit to the Secretary a report concerning the
evaluation, in the form prescribed by the Secretary.
[(b) Use of Evaluation.--Such evaluation shall be used by the
grant recipient--
[(1) for program improvement;
[(2) to further define the program's goals and
objectives; and
[(3) to determine program effectiveness.
[(c) Evaluation Report Components.--In preparing the
evaluation reports, the recipient shall--
[(1) use the data provided in the application
submitted by the recipient under section 3214 as
baseline data against which to report academic
achievement and gains in English proficiency for
children in the program;
[(2) disaggregate the results of the evaluation by
gender, native languages spoken by children,
socioeconomic status, and whether the children have
disabilities;
[(3) include data on the progress of the recipient in
achieving the objectives of the program, including data
demonstrating the extent to which children served by
the program are meeting the challenging State academic
content and student academic achievement standards, and
including data comparing limited English proficient
children with English proficient children with regard
to school retention and academic achievement
concerning--
[(A) reading and language arts;
[(B) English proficiency;
[(C) mathematics; and
[(D) the native language of the children, if
the program develops native language
proficiency;
[(4) include information on the extent that
professional development activities carried out through
the program have resulted in improved classroom
practices and improved student academic
achievement;lude a description of how the activities
carried out through the program are coordinated and
integrated with the other Federal, State, or local
programs serving limited English proficient children;
and
[(6) include such other information as the Secretary
may require.
[SEC. 3218. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
local educational agency from serving limited English
proficient children simultaneously with children with similar
educational needs, in the same educational settings where
appropriate.
[Subpart 2--Research, Evaluation, and Dissemination
[SEC. 3221. AUTHORITY.
[(a) In General.--The Secretary is authorized to conduct data
collection, dissemination, research, and ongoing program
evaluation activities in accordance with the provisions of this
subpart for the purpose of improving language instruction
educational programs and special alternative instruction
programs for limited English proficient children.
[(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported
through competitive grants, contracts, and cooperative
agreements awarded to institutions of higher education,
nonprofit organizations, State educational agencies, and local
educational agencies.
[(c) Administration.--The Secretary shall conduct data
collection, dissemination, and ongoing program evaluation
activities authorized by this subpart through the Office of
English Language Acquisition, Language Enhancement, and
Academic Achievement for Limited English Proficient Students.
[SEC. 3222. RESEARCH.
[(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Institute of
Education Sciences in coordination and collaboration with the
Office of English Language Acquisition, Language Enhancement,
and Academic Achievement for Limited English Proficient
Students.
[(b) Requirements.--Such research activities--
[(1) shall have a practical application to teachers,
counselors, paraprofessionals, school administrators,
parents, and others involved in improving the education
of limited English proficient children and their
families;
[(2) may include research on effective instruction
practices for multilingual classes, and on effective
instruction strategies to be used by a teacher or other
staff member who does not know the native language of a
limited English proficient child in the teacher's or
staff member's classroom;
[(3) may include establishing (through the National
Center for Education Statistics in consultation with
experts in second language acquisition and
scientifically based research on teaching limited
English proficient children) a common definition of
``limited English proficient child'' for purposes of
national data collection; and
[(4) shall be administered by individuals with
expertise in second language acquisition,
scientifically based research on teaching limited
English proficient children, and the needs of limited
English proficient children and their families.
[(c) Field-Initiated Research.--
[(1) In general.--The Secretary shall reserve not
less than 5 percent of the funds made available to
carry out this section for field-initiated research
conducted by recipients of grants under subpart 1 or
this subpart who have received such grants within the
previous 5 years. Such research may provide for
longitudinal studies of limited English proficient
children or teachers who serve such children,
monitoring the education of such children from entry
into language instruction educational programs through
secondary school completion.
[(2) Applications.--An applicant for assistance under
this subsection may submit an application for such
assistance to the Secretary at the same time as the
applicant submits another application under subpart 1
or this subpart. The Secretary shall complete a review
of such applications on a timely basis to allow the
activities carried out under research and program
grants to be coordinated when recipients are awarded
two or more of such grants.
[(d) Consultation.--The Secretary shall consult with
agencies, organizations, and individuals that are engaged in
research and practice on the education of limited English
proficient children, language instruction educational programs,
or related research, to identify areas of study and activities
to be funded under this section.
[(e) Data Collection.--The Secretary shall provide for the
collection of data on limited English proficient children as
part of the data systems operated by the Department.
[SEC. 3223. ACADEMIC EXCELLENCE AWARDS.
[(a) Authority.--The Secretary may make grants to State
educational agencies to assist the agencies in recognizing
local educational agencies and other public and nonprofit
entities whose programs have--
[(1) demonstrated significant progress in assisting
limited English proficient children to learn English
according to age appropriate and developmentally
appropriate standards; and
[(2) demonstrated significant progress in assisting
limited English proficient children to meet, according
to age appropriate and developmentally appropriate
standards, the same challenging State academic content
and student academic achievement standards as all
children are expected to meet.
[(b) Applications.--A State educational agency desiring a
grant under this section shall include an application for such
grant in the application submitted by the agency under section
3224(e).
[SEC. 3224. STATE GRANT PROGRAM.
[(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that demonstrates,
to the satisfaction of the Secretary, that such agency, through
such agency's programs and other Federal education programs,
effectively provides for the education of limited English
proficient children within the State.
[(b) Payments.--The amount paid to a State educational agency
under subsection (a) shall not exceed 5 percent of the total
amount awarded to local educational agencies and entities
within the State under subpart 1 for the previous fiscal year,
except that in no case shall the amount paid by the Secretary
to any State educational agency under this subsection for any
fiscal year be less than $100,000.
[(c) Use of Funds.--
[(1) In general.--A State educational agency shall
use funds awarded under this section--
[(A) to assist local educational agencies in
the State with activities that--
[(i) consist of program design,
capacity building, assessment of
student academic achievement, program
evaluation, and development of data
collection and accountability systems
for limited English proficient
children; and
[(ii) are aligned with State reform
efforts; and
[(B) to collect data on the State's limited
English proficient populations and document the
services available to all such populations.
[(2) Training.--The State educational agency may also
use funds provided under this section for the training
of State educational agency personnel in educational
issues affecting limited English proficient children.
[(3) Special rule.--Recipients of funds under this
section shall not restrict the provision of services
under this section to federally funded programs.
[(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this subpart and other individuals
or organizations involved in the development or operation of
programs serving limited English proficient children to ensure
that such funds are used in a manner consistent with the
requirements of this subpart.
[(e) Applications.--A State educational agency desiring to
receive funds under this section shall submit an application to
the Secretary at such time, in such form, and containing such
information and assurances as the Secretary may require.
[(f) Supplement, Not Supplant.--Federal funds made available
under this section for any fiscal year shall be used by the
State educational agency to supplement and, to the extent
practical, to increase the State funds that, in the absence of
such Federal funds, would be made available for the purposes
described in this section, and in no case to supplant such
State funds.
[(g) Report to the Secretary.--A State educational agency
receiving an award under this section shall provide for the
annual submission of a summary report to the Secretary
describing such State's use of the funds made available through
the award.
[SEC. 3225. INSTRUCTION MATERIALS DEVELOPMENT.
[(a) In General.--The Secretary may make grants for the
development, publication, and dissemination of high-quality
instruction materials--
[(1) in Native American languages (including Native
Hawaiian languages and the language of Native American
Pacific Islanders), and the language of natives of the
outlying areas, for which instruction materials are not
readily available; and
[(2) in other low-incidence languages in the United
States for which instruction materials are not readily
available.
[(b) Priority.--In making the grants, the Secretary shall
give priority to applicants for the grants who propose--
[(1) to develop instruction materials in languages
indigenous to the United States or the outlying areas;
and
[(2) to develop and evaluate materials, in
collaboration with entities carrying out activities
assisted under subpart 1 and this subpart, that are
consistent with challenging State academic content and
student academic achievement standards.
[Subpart 3--Professional Development
[SEC. 3231. PROFESSIONAL DEVELOPMENT GRANTS.
[(a) Purpose.--The purpose of this section is to provide
assistance to prepare educators to improve educational services
for limited English proficient children by--
[(1) supporting professional development programs and
activities to prepare teachers, pupil service
personnel, administrators, and other educational
personnel working in language instruction educational
programs to provide effective services to limited
English proficient children;
[(2) incorporating curricula and resources concerning
appropriate and effective instruction and assessment
methodologies specific to limited English proficient
children into preservice and inservice professional
development programs;
[(3) upgrading the qualifications and skills of non-
certified educational personnel, including
paraprofessionals, to enable such personnel to meet
high professional standards for educating limited
English proficient children;
[(4) improving the quality of professional
development programs in schools or departments of
education at institutions of higher education, for
educational personnel serving, or preparing to serve,
limited English proficient children; and
[(5) supporting the recruitment and training of
prospective educational personnel to serve limited
English proficient children by providing fellowships
for undergraduate, graduate, doctoral, and post-
doctoral study related to the instruction of such
children.
[(b) Authorization.--
[(1) In general.--The Secretary is authorized to
award grants under this section to--
[(A) State educational agencies;
[(B) local educational agencies;
[(C) institutions of higher education; or
[(D) consortia of one or more local
educational agencies, State educational
agencies, institutions of higher education,
for-profit organizations, or nonprofit
organizations.
[(2) Duration.--Each grant awarded under this section
shall be awarded for a period of not more than 4 years.
[(c) Authorized Activities.--Grants awarded under this
section shall be used to conduct high-quality professional
development programs and effective activities to improve the
quality of instruction and services provided to limited English
proficient children, including--
[(1) implementing preservice and inservice
professional development programs for teachers who
serve limited English proficient children,
administrators, and other educational personnel who are
preparing to provide educational services for limited
English proficient children, including professional
development programs that assist limited English
proficient children to attain English proficiency;
[(2) implementing school-based collaborative efforts
among teachers to improve instruction in core academic
subjects, especially reading, for limited English
proficient children;
[(3) developing and implementing programs to assist
beginning teachers who serve limited English proficient
children with transitioning to the teaching profession,
including programs that provide mentoring and team
teaching with trained and experienced teachers;
[(4) implementing programs that support effective
teacher use of education technologies to improve
instruction and assessment;
[(5) developing curricular materials and assessments
for teachers that are appropriate to the needs of
limited English proficient children, and that are
aligned with challenging State academic content and
student academic achievement standards, including
materials and assessments that ensure limited English
proficient children attain English proficiency;
[(6) integrating and coordinating activities with
entities carrying out other programs consistent with
the purpose of this section and supported under this
Act, or other Acts as appropriate;
[(7) developing and implementing career ladder
programs to upgrade the qualifications and skills of
non-certified educational personnel working in, or
preparing to work in, language instruction educational
programs to enable such personnel to meet high
professional standards, including standards for
certification and licensure as teachers;
[(8) developing and implementing activities to help
recruit and train secondary school students as teachers
who serve limited English proficient children;
[(9) providing fellowships and assistance for costs
related to enrollment in a course of study at an
institution of higher education that addresses the
instruction of limited English proficient children in
such areas as teacher training, program administration,
research, evaluation, and curriculum development, and
for the support of dissertation research related to
such study, except that any person receiving such a
fellowship or assistance shall agree to--
[(A) work in an activity related to improving
the educational services for limited English
proficient children authorized under this
subpart, including work as a teacher that
serves limited English proficient children, for
a period of time equivalent to the period of
time during which such person receives
assistance under this paragraph; or
[(B) repay such assistance; and
[(10) carrying out such other activities as are
consistent with the purpose of this section.
[(d) Application.--
[(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time, in such form, and
containing such information as the Secretary may
require.
[(2) Contents.--Each application shall--
[(A) describe the programs and activities
proposed to be developed, implemented, and
administered under the award;
[(B) describe how the applicant has consulted
with, and assessed the needs of, public and
private schools serving limited English
proficient children to determine such schools'
need for, and the design of, the program for
which funds are sought; and
[(C) describe how the programs and activities
to be carried out under the award will be used
to ensure that limited English proficient
children meet challenging State academic
content and student academic achievement
standards and attain English proficiency.
[(3) Special rule.--An eligible entity that proposes
to conduct a master's-level or doctoral-level program
with funds received under this section shall include in
the entity's application an assurance that such program
will include a training practicum in a local elementary
school or secondary school program serving limited
English proficient children.
[(4) Outreach and technical assistance.--The
Secretary shall provide for outreach and technical
assistance to institutions of higher education eligible
for assistance under title III of the Higher Education
Act of 1965, and institutions of higher education that
are operated or funded by the Bureau of Indian Affairs,
to facilitate the participation of such institutions in
programs and activities under this section.
[(5) Distribution rule.--In making awards under this
section, the Secretary shall ensure adequate
representation of Hispanic-serving institutions that
demonstrate competence and experience in carrying out
the programs and activities authorized under this
section and that are otherwise qualified.
[(e) Priorities in Awarding Grants.--
[(1) Grants to agencies.--In awarding grants to State
educational agencies and local educational agencies
under this section, the Secretary shall give priority
to agencies that propose programs and activities
designed to implement professional development programs
for teachers and educational personnel who are
providing or preparing to provide educational services
for limited English proficient children, including
services provided through language instruction
educational programs, that ensure such children attain
English proficiency and meet challenging State academic
content and student academic achievement standards.
[(2) Grants to institutions of higher education.--In
awarding grants to institutions of higher education
under this section, the Secretary shall give priority
to institutions that propose programs and activities to
recruit and upgrade the qualifications and skills of
certified and non-certified educational personnel by
offering degree programs that prepare beginning
teachers to serve limited English proficient children.
[(f) Program Evaluations.--Each recipient of an award under
this section for a program or activity shall annually conduct
an independent evaluation of the program or activity and submit
to the Secretary a report containing such evaluation. Such
report shall include information on--
[(1) the program or activity conducted by the
recipient to provide high-quality professional
development to participants in such program or
activity;
[(2) the number of participants served through the
program or activity, the number of participants who
completed the requirements of the program or activity,
and the number of participants who took positions in an
instruction setting with limited English proficient
children;
[(3) the effectiveness of the program or activity in
imparting the professional skills necessary for
participants to achieve the objectives of the program
or activity; and
[(4) the teaching effectiveness of graduates of the
program or activity or other participants who have
completed the program or activity.
[Subpart 4--Emergency Immigrant Education Program
[SEC. 3241. PURPOSE.
[The purpose of this subpart is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration--
[(1) to provide high-quality instruction to immigrant
children and youth; and
[(2) to help such children and youth--
[(A) with their transition into American
society; and
[(B) meet the same challenging State academic
content and student academic achievement
standards as all children are expected to meet.
[SEC. 3242. STATE ADMINISTRATIVE COSTS.
[For any fiscal year, a State educational agency may reserve
not more than 1.5 percent (2 percent if the State educational
agency distributes funds received under this subpart to local
educational agencies on a competitive basis) of the amount
allotted to such agency under section 3244 to pay the costs of
performing such agency's administrative functions under this
subpart.
[SEC. 3243. WITHHOLDING.
[Whenever the Secretary, after providing reasonable notice
and opportunity for a hearing to any State educational agency,
finds that there is a failure to comply with a requirement of
any provision of this subpart, the Secretary shall notify that
agency that further payments will not be made to the agency
under this subpart or, in the discretion of the Secretary, that
the State educational agency shall not make further payments
under this subpart to specified local educational agencies
whose actions cause or are involved in such failure until the
Secretary is satisfied that there is no longer any such failure
to comply. Until the Secretary is so satisfied, no further
payments shall be made to the State educational agency under
this subpart, or payments by the State educational agency under
this subpart shall be limited to local educational agencies
whose actions did not cause or were not involved in the
failure, as the case may be.
[SEC. 3244. STATE ALLOTMENTS.
[(a) Payments.--The Secretary shall, in accordance with the
provisions of this section, make payments to State educational
agencies for each of the fiscal years 2002 through 2008 for the
purpose set forth in section 3241.
[(b) Allotments.--
[(1) In general.--Except as provided in subsections
(c) and (d), of the amount appropriated for each fiscal
year for this subpart, each State participating in the
program assisted under this subpart shall receive an
allotment equal to the proportion of the number of
immigrant children and youth who are enrolled in public
elementary schools or secondary schools under the
jurisdiction of each local educational agency described
in paragraph (2), and in nonpublic elementary schools
or secondary schools within the district served by each
such local educational agency within such State,
relative to the total number of immigrant children and
youth so enrolled in all the States participating in
the program assisted under this subpart.
[(2) Eligible local educational agencies.--A local
educational agency referred to in paragraph (1) is a
local educational agency for which the sum of the
number of immigrant children and youth who are enrolled
in public elementary schools or secondary schools under
the jurisdiction of such agency, and in nonpublic
elementary schools or secondary schools within the
district served by such agency, during the fiscal year
for which the payments are to be made under this
subpart, is equal to at least--
[(A) 500; or
[(B) 3 percent of the total number of
children enrolled in such public or nonpublic
schools during such fiscal year,
whichever is less.
[(c) Determinations of Number of Children and Youth.--
[(1) In general.--Determinations by the Secretary
under this section for any period with respect to the
number of immigrant children and youth shall be made on
the basis of data or estimates provided to the
Secretary by each State educational agency in
accordance with criteria established by the Secretary,
unless the Secretary determines, after notice and
opportunity for a hearing to the affected State
educational agency, that such data or estimates are
clearly erroneous.
[(2) Special rule.--No such determination with
respect to the number of immigrant children and youth
shall operate because of an underestimate or
overestimate to deprive any State educational agency of
the allotment under this section that such State would
otherwise have received had such determination been
made on the basis of accurate data.
[(d) Reallotment.--
[(1) In general.--Whenever the Secretary determines
that any amount of a payment made to a State under this
subpart for a fiscal year will not be used by such
State for carrying out the purpose for which the
payment was made, the Secretary shall make such amount
available for carrying out such purpose to one or more
other States to the extent the Secretary determines
that such other States will be able to use such
additional amount for carrying out such purpose.
[(2) Fiscal year.--Any amount made available to a
State from any appropriation for a fiscal year in
accordance with paragraph (1) shall, for purposes of
this subpart, be regarded as part of such State's
payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
[(e) Reservation of Funds.--
[(1) In general.--Notwithstanding any other provision
of this subpart, if the amount appropriated to carry
out this subpart exceeds $50,000,000 for a fiscal year,
a State educational agency may reserve not more than 20
percent of such agency's payment under this subpart for
such year to award grants, on a competitive basis, to
local educational agencies within the State as follows:
[(A) Agencies with immigrant children and
youth.--At least \1/2\ of the funds reserved
under this paragraph shall be made available to
eligible local educational agencies (as
described in subsection (b)(2)) within the
State with the highest numbers and percentages
of immigrant children and youth.
[(B) Agencies with a sudden influx of
children and youth.--Funds reserved under this
paragraph and not made available under
subparagraph (A) may be distributed to local
educational agencies within the State that are
experiencing a sudden influx of immigrant
children and youth and that are otherwise not
eligible for assistance under this subpart.
[(2) Use of grant funds.--Each local educational
agency receiving a grant under paragraph (1) shall use
such grant funds to carry out the activities described
in section 3247.
[(3) Information.--Local educational agencies
receiving funds under paragraph (1) with the highest
number of immigrant children and youth may make
information available on serving immigrant children and
youth to local educational agencies in the State with
sparse numbers of such children and youth.
[SEC. 3245. STATE APPLICATIONS.
[(a) Submission.--No State educational agency shall receive
any payment under this subpart for any fiscal year unless such
agency submits an application to the Secretary at such time, in
such manner, and containing or accompanied by such information,
as the Secretary may reasonably require. Each such application
shall--
[(1) provide that the educational programs, services,
and activities for which payments under this subpart
are made will be administered by or under the
supervision of the agency;
[(2) provide assurances that payments under this
subpart will be used for purposes set forth in sections
3241 and 3247, including a description of how local
educational agencies receiving funds under this subpart
will use such funds to meet such purposes and will
coordinate with entities carrying out other programs
and activities assisted under this Act, and other Acts
as appropriate;
[(3) provide an assurance that local educational
agencies receiving funds under this subpart will
coordinate the use of such funds with entities carrying
out programs and activities assisted under part A of
title I;
[(4) provide assurances that such payments, with the
exception of payments reserved under section 3244(e),
will be distributed among local educational agencies
within that State on the basis of the number of
immigrant children and youth counted with respect to
each such local educational agency under section
3244(b)(1);
[(5) provide assurances that the State educational
agency will not finally disapprove in whole or in part
any application for funds received under this subpart
without first affording the local educational agency
submitting an application for such funds reasonable
notice and opportunity for a hearing;
[(6) provide for making such reports as the Secretary
may reasonably require to perform the Secretary's
functions under this subpart;
[(7) provide assurances--
[(A) that to the extent consistent with the
number of immigrant children and youth enrolled
in the nonpublic elementary schools or
secondary schools within the district served by
a local educational agency, such agency, after
consultation with appropriate officials of such
schools, shall provide for the benefit of such
children and youth secular, neutral, and
nonideological services, materials, and
equipment necessary for the education of such
children and youth;
[(B) that the control of funds provided under
this subpart for any materials or equipment, or
property repaired, remodeled, or constructed
with those funds shall be in a public agency
for the uses and purpose provided in this
subpart, and a public agency shall administer
such funds and property; and
[(C) that the provision of services pursuant
to this paragraph shall be provided by
employees of a public agency or through
contract by such public agency with a person,
association, agency, or corporation who or
which, in the provision of such services, is
independent of such nonpublic elementary school
or secondary school and of any religious
organization, and such employment or contract
shall be under the control and supervision of
such public agency, and the funds provided
under this paragraph shall not be commingled
with State or local funds;
[(8) provide that funds reserved under section
3244(e) be awarded on a competitive basis based on
merit and need in accordance with such section; and
[(9) provide an assurance that the State educational
agency and local educational agencies in the State
receiving funds under this subpart will comply with the
requirements of section 1120(b).
[(b) Application Review.--
[(1) In general.--The Secretary shall review all
applications submitted pursuant to this section by
State educational agencies.
[(2) Approval.--The Secretary shall approve any
application submitted by a State educational agency
that meets the requirements of this section.
[(3) Disapproval.--The Secretary shall disapprove any
application submitted by a State educational agency
that does not meet the requirements of this section,
but shall not finally disapprove an application except
after providing reasonable notice, technical
assistance, and an opportunity for a hearing to the
State educational agency.
[SEC. 3246. ADMINISTRATIVE PROVISIONS.
[(a) Notification of Amount.--The Secretary, not later than
June 1 of each year, shall notify each State educational agency
that has an application approved under section 3245 of the
amount of such agency's allotment under section 3244 for the
succeeding year.
[(b) Services to Immigrant Children and Youth Enrolled in
Nonpublic Schools.--If by reason of any provision of law a
local educational agency is prohibited from providing
educational services for immigrant children and youth enrolled
in nonpublic elementary schools and secondary schools, as
required by section 3245(a)(7), or if the Secretary determines
that a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable
basis of such children and youth enrolled in such schools, the
Secretary may waive such requirement and shall arrange for the
provision of services, subject to the requirements of this
subpart, to such children and youth. Such waivers shall be
subject to consultation, withholding, notice, and judicial
review requirements in accordance with the provisions of title
I.
[SEC. 3247. USES OF FUNDS.
[(a) Use of Funds.--Funds awarded under this subpart shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
[(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
[(2) support of personnel, including teacher aides
who have been specifically trained, or are being
trained, to provide services to immigrant children and
youth;
[(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
[(4) identification and acquisition of curricular
materials, educational software, and technologies;
[(5) the provision of basic instruction services that
are directly attributable to the presence in the school
district of immigrant children and youth, including
payment of costs of providing additional classroom
supplies, costs of transportation, or such other costs
as are directly attributable to such additional basic
instruction services; and
[(6) such other activities, related to the purpose of
this subpart, as the Secretary may authorize.
[(b) Consortia.--A local educational agency that receives a
grant under this subpart may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and nonprofit organizations to carry out a
program described in an application approved under this
subpart.
[(c) Subgrants.--A local educational agency that receives a
grant under this subpart may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a nonprofit organization,
or a consortium of such institutions or organizations to carry
out a program described in an application approved under this
subpart, including a program to serve out-of-school youth.
[(d) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
immigrant children and youth simultaneously with children and
youth with similar educational needs, in the same educational
settings where appropriate.
[SEC. 3248. REPORTS.
[(a) Biennial Report.--Each State educational agency
receiving funds under this subpart shall submit, once every 2
years, a report to the Secretary concerning the expenditure of
funds by local educational agencies under this subpart. Each
local educational agency receiving funds under this subpart
shall submit to the State educational agency such information
as may be necessary for such report.
[(b) Report to Congress.--The Secretary shall submit, once
every 2 years, a report to the appropriate committees of
Congress concerning programs assisted under this subpart.
[Subpart 5--Administration
[SEC. 3251. RELEASE TIME.
[The Secretary shall allow entities carrying out professional
development programs funded under this part to use funds
provided under this part for professional release time to
enable individuals to participate in programs assisted under
this part.
[SEC. 3252. NOTIFICATION.
[A State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within 3
working days after the date an award under this part is made to
an eligible entity within the State.
[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.
[(a) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational needs
of children and youth of limited English proficiency, the
Secretary shall coordinate and ensure close cooperation with
other programs serving language-minority and limited English
proficient children that are administered by the Department and
other agencies. The Secretary shall consult with the Secretary
of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General, and the heads
of other relevant agencies to identify and eliminate barriers
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their
families. The Secretary shall provide for continuing
consultation and collaboration, between the Office of English
Language Acquisition, Language Enhancement, and Academic
Achievement for Limited English Proficient Students and
relevant programs operated by the Department, including
programs under this part and other programs under this Act, in
planning, contracts, providing joint technical assistance,
providing joint field monitoring activities and in other
relevant activities to ensure effective program coordination to
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
[(b) Data.--The Secretary shall, to the extent feasible,
ensure that all data collected by the Department shall include
the collection and reporting of data on limited English
proficient children.
[(c) Publication of Proposals.--The Secretary shall publish
and disseminate all requests for proposals for programs funded
under this part.
[(d) Report.--The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary,
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--
[(1) on programs and activities carried out to serve
limited English proficient children under this part,
and the effectiveness of such programs and activities
in improving the academic achievement and English
proficiency of children who are limited English
proficient;
[(2) containing a critical synthesis of data reported
by States under section 3224, when applicable;
[(3) containing an estimate of the number of
certified or licensed teachers working in language
instruction educational programs and educating limited
English proficient children, and an estimate of the
number of such teachers that will be needed for the
succeeding 5 fiscal years;
[(4) containing the major findings of scientifically
based research carried out under this part; and
[(5) containing other information gathered from the
reports submitted to the Secretary under this title
when applicable.]
* * * * * * *
TITLE IV--21ST CENTURY SCHOOLS
PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
* * * * * * *
SEC. 4003. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be [appropriated--
[(1) $650,000,000 for fiscal year 2002, and such sums
as may be necessary for each of the 5 succeeding fiscal
years, for State grants under subpart 1; and
[(2) such] appropriated such sums for fiscal year
2002, and for each of the 5 succeeding fiscal years,
for national programs under subpart 2.
[Subpart 1--State Grants
[SEC. 4111. RESERVATIONS AND ALLOTMENTS.
[(a) Reservations.--
[(1) In general.--From the amount made available
under section 4003(1) to carry out this subpart for
each fiscal year, the Secretary--
[(A) shall reserve 1 percent or $4,750,000
(whichever is greater) of such amount for
grants 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 to carry out
programs described in this subpart;
[(B) shall reserve 1 percent or $4,750,000
(whichever is greater) of such amount for the
Secretary of the Interior to carry out programs
described in this subpart for Indian youth; and
[(C) shall reserve 0.2 percent of such amount
for Native Hawaiians to be used under section
4117 to carry out programs described in this
subpart.
[(2) Other reservations.--From the amount made
available under section 4003(2) to carry out subpart 2
for each fiscal year, the Secretary--
[(A) may reserve not more than $2,000,000 for
the national impact evaluation required by
section 4122(a);
[(B) notwithstanding section 3 of the No
Child Left Behind Act of 2001, shall reserve an
amount necessary to make continuation grants to
grantees under the Safe Schools/Healthy
Students initiative (under the same terms and
conditions as provided for in the grants
involved).
[(b) State Allotments.--
[(1) In general.--Except as provided in paragraph
(2), the Secretary shall, for each fiscal year, allot
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 section 1124A 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 the greater of--
[(A) one-half of 1 percent of the total
amount allotted to all the States under this
subsection; or
[(B) the amount such State received for
fiscal year 2001 under section 4111 as such
section was in effect the day preceding the
date of enactment of the No Child Left Behind
Act of 2001.
[(3) Reallotment.--
[(A) Reallotment for failure to apply.--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.
[(B) Reallotment of unused funds.--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 2 years of such allotment.
Such reallotments shall be made on the same
basis as allotments are made under paragraph
(1).
[(4) Definition.--In this section the term ``State''
means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
[(c) Limitation.--Amounts appropriated under section 4003(2)
for a fiscal year may not be increased above the amounts
appropriated under such section for the previous fiscal year
unless the amounts appropriated under section 4003(1) for the
fiscal year involved are at least 10 percent greater that the
amounts appropriated under such section 4003(1) for the
previous fiscal year.
[SEC. 4112. RESERVATION OF STATE FUNDS FOR SAFE AND DRUG-FREE SCHOOLS.
[(a) State Reservation for the Chief Executive Officer of a
State.--
[(1) In general.--The chief executive officer of a
State may reserve not more than 20 percent of the total
amount allocated to a State under section 4111(b) for
each fiscal year to award competitive grants and
contracts to local educational agencies, community-
based organizations (including community anti-drug
coalitions) other public entities and private
organizations, and consortia thereof. Such grants and
contracts shall be used to carry out the comprehensive
State plan described in section 4113(a) through
programs or activities that complement and support
activities of local educational agencies described in
section 4115(b). Such officer shall award grants based
on--
[(A) the quality of the program or activity
proposed; and
[(B) how the program or activity meets the
principles of effectiveness described in
section 4115(a).
[(2) Priority.--In making such grants and contracts
under this section, a chief executive officer shall
give priority to programs and activities that prevent
illegal drug use and violence for--
[(A) children and youth who are not normally
served by State educational agencies or local
educational agencies; or
[(B) 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).
[(3) Special consideration.--In awarding funds under
paragraph (1), a chief executive officer shall give
special consideration to grantees that pursue a
comprehensive approach to drug and violence prevention
that includes providing and incorporating mental health
services related to drug and violence prevention in
their program.
[(4) Peer review.--Grants or contracts awarded under
this section shall be subject to a peer review process.
[(5) Use of funds.--Grants and contracts under this
section shall be used to implement drug and violence
prevention activities, including--
[(A) activities that complement and support
local educational agency activities under
section 4115, including developing and
implementing activities to prevent and reduce
violence associated with prejudice and
intolerance;
[(B) dissemination of information about drug
and violence prevention; and
[(C) development and implementation of
community-wide drug and violence prevention
planning and organizing.
[(6) 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.
[(b) In State Distribution.--
[(1) In general.--A State educational agency shall
distribute not less than 93 percent of the amount made
available to the State under section 4111(b), less the
amount reserved under subsection (a) of this section,
to its local educational agencies.
[(2) State administration costs.--
[(A) In general.--A State educational agency
may use not more than 3 percent of the amount
made available to the State under section
4111(b) for each fiscal year less the amount
reserved under subsection (a) of this section,
for State educational agency administrative
costs, including the implementation of the
uniform management information and reporting
system as provided for under subsection (c)(3).
[(B) Additional amounts for the uniform
management information system.--In the case of
fiscal year 2002, a State educational agency
may, in addition to amounts provided for in
subparagraph (A), use 1 percent of the amount
made available to the State educational agency
under section 4111(b) for each fiscal year less
the amount reserved under subsection (a) of
this section, for implementation of the uniform
management information and reporting system as
provided for under subsection (c)(3).
[(c) State Activities.--
[(1) In general.--A State educational agency may use
not more than 5 percent of the amount made available to
the State under section 4111(b) for each fiscal year
less the amount reserved under subsection (a) of this
section, for activities described in this subsection.
[(2) Activities.--A State educational agency shall
use the amounts described in paragraph (1), either
directly, or through grants and contracts, to plan,
develop, and implement capacity building, technical
assistance and training, evaluation, program
improvement services, and coordination activities for
local educational agencies, community-based
organizations, and other public and private entities.
Such uses--
[(A) shall meet the principles of
effectiveness described in section 4115(a);
[(B) shall complement and support local uses
of funds under section 4115(b);
[(C) shall be in accordance with the purposes
of this part; and
[(D) may include, among others activities--
[(i) identification, development,
evaluation, and dissemination of drug
and violence prevention strategies,
programs, activities, and other
information;
[(ii) training, technical assistance,
and demonstration projects to address
violence that is associated with
prejudice and intolerance; and
[(iii) financial assistance to
enhance drug and violence prevention
resources available in areas that serve
large numbers of low-income children,
are sparsely populated, or have other
special needs.
[(3) Uniform management information and reporting
system.--
[(A) Information and statistics.--A State
shall establish a uniform management
information and reporting system.
[(B) Uses of funds.--A State may use funds
described in subparagraphs (A) and (B) of
subsection (b)(2), either directly or through
grants and contracts, to implement the uniform
management information and reporting system
described in subparagraph (A), for the
collection of information on--
[(i) truancy rates;
[(ii) the frequency, seriousness, and
incidence of violence and drug-related
offenses resulting in suspensions and
expulsions in elementary schools and
secondary schools in the State;
[(iii) the types of curricula,
programs, and services provided by the
chief executive officer, the State
educational agency, local educational
agencies, and other recipients of funds
under this subpart; and
[(iv) the incidence and prevalence,
age of onset, perception of health
risk, and perception of social
disapproval of drug use and violence by
youth in schools and communities.
[(C) Compilation of statistics.--In compiling
the statistics required for the uniform
management information and reporting system,
the offenses described in subparagraph (B)(ii)
shall be defined pursuant to the State's
criminal code, but shall not identify victims
of crimes or persons accused of crimes. The
collected data shall include incident reports
by school officials, anonymous student surveys,
and anonymous teacher surveys.
[(D) Reporting.--The information described
under subparagraph (B) shall be reported to the
public and the data referenced in clauses (i)
and (ii) of such subparagraph shall be reported
to the State on a school-by-school basis.
[(E) Limitation.--Nothing in this subsection
shall be construed to authorize the Secretary
to require particular policies, procedures, or
practices with respect to crimes committed on
school property or school security.
[SEC. 4113. STATE APPLICATION.
[(a) In General.--In order to receive an allotment under
section 4111(b) for any fiscal year, a State shall submit to
the Secretary, at such time as the Secretary may require, an
application that--
[(1) contains a comprehensive plan for the use of
funds by the State educational agency and the chief
executive officer of the State to provide safe,
orderly, and drug-free schools and communities through
programs and activities that complement and support
activities of local educational agencies under section
4115(b), that comply with the principles of
effectiveness under section 4115(a), and that otherwise
are in accordance with the purpose of this part;
[(2) describes how activities funded under this
subpart will foster a safe and drug-free learning
environment that supports academic achievement;
[(3) provides an assurance that the application was
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;
[(4) describes 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 and other
programs, as appropriate, in accordance with the
provisions in section 9306;
[(5) provides an assurance that funds reserved under
section 4112(a) will not duplicate the efforts of the
State educational agency and local educational agencies
with regard to the provision of school-based drug and
violence prevention activities and that those funds
will be used to serve populations not normally served
by the State educational agencies and local educational
agencies and populations that need special services,
such as school dropouts, suspended and expelled
students, youth in detention centers, runaway or
homeless children and youth, and pregnant and parenting
youth;
[(6) provides an assurance that the State will
cooperate with, and assist, the Secretary in conducting
data collection as required by section 4122;
[(7) provides an assurance that the local educational
agencies in the State will comply with the provisions
of section 9501 pertaining to the participation of
private school children and teachers in the programs
and activities under this subpart;
[(8) provides an assurance that funds under this
subpart will be used to increase the level of State,
local, and other non-Federal funds that would, in the
absence of funds under this subpart, be made available
for programs and activities authorized under this
subpart, and in no case supplant such State, local, and
other non-Federal funds;
[(9) contains the results of a needs assessment
conducted by the State for drug and violence prevention
programs, which shall be based on ongoing State
evaluation activities, including data on--
[(A) the incidence and prevalence of illegal
drug use and violence among youth in schools
and communities, including the age of onset,
the perception of health risks, and the
perception of social disapproval among such
youth;
[(B) the prevalence of risk factors,
including high or increasing rates of reported
cases of child abuse or domestic violence;
[(C) the prevalence of protective factors,
buffers, or assets; and
[(D) other variables in the school and
community identified through scientifically
based research;
[(10) provides a statement of the State's performance
measures for drug and violence prevention programs and
activities to be funded under this subpart that will be
focused on student behavior and attitudes, derived from
the needs assessment described in paragraph (9), and be
developed in consultation between the State and local
officials, and that consist of--
[(A) performance indicators for drug and
violence prevention programs and activities;
and
[(B) levels of performance for each
performance indicator;
[(11) describes the procedures the State will use for
assessing and publicly reporting progress toward
meeting the performance measures described in paragraph
(10);
[(12) provides an assurance that the State
application will be available for public review after
submission of the application;
[(13) describes the special outreach activities that
will be carried out by the State educational agency and
the chief executive officer of the State to maximize
the participation of community-based organizations of
demonstrated effectiveness that provide services such
as mentoring programs in low-income communities;
[(14) describes how funds will be used by the State
educational agency and the chief executive officer of
the State to support, develop, and implement community-
wide comprehensive drug and violence prevention
planning and organizing activities;
[(15) describes how input from parents will be sought
regarding the use of funds by the State educational
agency and the chief executive officer of the State;
[(16) describes how the State educational agency will
review applications from local educational agencies,
including how the agency will receive input from
parents in such review;
[(17) describes how the State educational agency will
monitor the implementation of activities under this
subpart, and provide technical assistance for local
educational agencies, community-based organizations,
other public entities, and private organizations;
[(18) describes how the chief executive officer of
the State will award funds under section 4112(a) and
implement a plan for monitoring the performance of, and
providing technical assistance to, recipients of such
funds; and
[(19) includes any other information the Secretary
may require.
[(b) Interim Application.--
[(1) Authority.--Notwithstanding any other provision
of this section, a State may submit for fiscal year
2002 a 1-year interim application and plan for the use
of funds under this subpart that is consistent with the
requirements of this section and contains such
information as the Secretary may specify in
regulations.
[(2) Purpose.--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.
[(3) Exception.--A State may not receive a grant
under this subpart for a fiscal year after fiscal year
2002 unless the Secretary has approved such State's
application and comprehensive plan as described in
subsection (a).
[(c) Approval Process.--
[(1) Deemed approval.--An application submitted by a
State pursuant to this section shall undergo peer
review by the Secretary and shall be deemed to be
approved by the Secretary unless the Secretary makes a
written determination, prior to the expiration of the
120-day period beginning on the date on which the
Secretary received the application, that the
application is not in compliance with this subpart.
[(2) Disapproval.--The Secretary shall not finally
disapprove the application, except after giving the
State educational agency and the chief executive
officer of the State notice and an opportunity for a
hearing.
[(3) Notification.--If the Secretary finds that the
application is not in compliance, in whole or in part,
with this subpart, the Secretary shall--
[(A) give the State educational agency and
the chief executive officer of the State notice
and an opportunity for a hearing; and
[(B) notify the State educational agency and
the chief executive officer of the State of the
finding of noncompliance, and in such
notification, shall--
[(i) cite the specific provisions in
the application that are not in
compliance; and
[(ii) request additional information,
only as to the noncompliant provisions,
needed to make the application
compliant.
[(4) Response.--If the State educational agency and
the chief executive officer of the State respond to the
Secretary's notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which
the agency received the notification, and resubmit the
application with the requested information described in
paragraph (3)(B)(ii), the Secretary shall approve or
disapprove such application prior to the later of--
[(A) the expiration of the 45-day period
beginning on the date on which the application
is resubmitted; or
[(B) the expiration of the 120-day period
described in paragraph (1).
[(5) Failure to respond.--If the State educational
agency and the chief executive officer of the State do
not respond to the Secretary's notification described
in paragraph (3)(B) during the 45-day period beginning
on the date on which the agency received the
notification, such application shall be deemed to be
disapproved.
[SEC. 4114. LOCAL EDUCATIONAL AGENCY PROGRAM.
[(a) In General.--
[(1) Funds to local educational agencies.--A State
shall provide the amount made available to the State
under this subpart, less the amounts reserved under
section 4112 to local educational agencies for drug and
violence prevention and education programs and
activities as follows:
[(A) 60 percent of such amount based on the
relative amount such agencies received under
part A of title I for the preceding fiscal
year.
[(B) 40 percent of such amount based on the
relative enrollments in public and private
nonprofit elementary schools and secondary
schools within the boundaries of such agencies.
[(2) Administrative costs.--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 subpart.
[(3) 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 on which a
local educational agency receives its
allocation under this subpart--
[(i) such agency shall return to the
State educational agency any funds from
such allocation that remain
unobligated; and
[(ii) the State educational agency
shall reallocate any such amount to
local educational agencies that have
submitted 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 subpart for such
fiscal year; or
[(ii) upon a demonstration of good
cause by such agency and approval by
the State educational agency, an amount
that exceeds 25 percent of such
allocation.
[(C) Reallocation.--If a local educational
agency chooses not to apply to receive the
amount allocated to such agency under this
subsection, or if such agency's application
under subsection (d) is disapproved by the
State educational agency, the State educational
agency shall reallocate such amount to one or
more of its other local educational agencies.
[(b) Eligibility.--To be eligible to receive a subgrant under
this subpart, a local educational agency desiring a subgrant
shall submit an application to the State educational agency in
accordance with subsection (d). Such an application shall be
amended, as necessary, to reflect changes in the activities and
programs of the local educational agency.
[(c) Development.--
[(1) Consultation.--
[(A) In general.--A local educational agency
shall develop its application through timely
and meaningful consultation with State and
local government representatives,
representatives of schools to be served
(including private schools), teachers and other
staff, parents, students, community-based
organizations, and others with relevant and
demonstrated expertise in drug and violence
prevention activities (such as medical, mental
health, and law enforcement professionals).
[(B) Continued consultation.--On an ongoing
basis, the local educational agency shall
consult with such representatives and
organizations in order to seek advice regarding
how best to coordinate such agency's activities
under this subpart with other related
strategies, programs, and activities being
conducted in the community.
[(2) Design and development.--To ensure timely and
meaningful consultation under paragraph (1), a local
educational agency at the initial stages of design and
development of a program or activity shall consult, in
accordance with this subsection, with appropriate
entities and persons 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).
[(d) Contents of Applications.--An application submitted by a
local educational agency under this section shall contain--
[(1) an assurance that the activities or programs to
be funded comply with the principles of effectiveness
described in section 4115(a) and foster a safe and
drug-free learning environment that supports academic
achievement;
[(2) a detailed explanation of the local educational
agency's comprehensive plan for drug and violence
prevention, including a description of--
[(A) how the plan will be coordinated with
programs under this Act, and other Federal,
State, and local programs for drug and violence
prevention, in accordance with section 9306;
[(B) the local educational agency's
performance measures for drug and violence
prevention programs and activities, that shall
consist of--
[(i) performance indicators for drug
and violence prevention programs and
activities; including--
[(I) specific reductions in
the prevalence of identified
risk factors; and
[(II) specific increases in
the prevalence of protective
factors, buffers, or assets if
any have been identified; 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 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; and
[(E) how the services will be targeted to
schools and students with the greatest need;
[(3) a description for how the results of the
evaluations of the effectiveness of the program will be
used to refine, improve, and strengthen the program;
[(4) an assurance that funds under this subpart will
be used to increase the level of State, local, and
other non-Federal funds that would, in the absence of
funds under this subpart, be made available for
programs and activities authorized under this subpart,
and in no case supplant such State, local, and other
non-Federal funds;
[(5) a description of the mechanisms used to provide
effective notice to the community of an intention to
submit an application under this subpart;
[(6) an assurance that drug and violence prevention
programs supported under this subpart convey a clear
and consistent message that acts of violence and the
illegal use of drugs are wrong and harmful;
[(7) an assurance that the applicant has, or the
schools to be served have, a plan for keeping schools
safe and drug-free that includes--
[(A) appropriate and effective school
discipline policies that prohibit disorderly
conduct, the illegal possession of weapons, and
the illegal use, possession, distribution, and
sale of tobacco, alcohol, and other drugs by
students;
[(B) security procedures at school and while
students are on the way to and from school;
[(C) prevention activities that are designed
to create and maintain safe, disciplined, and
drug-free environments;
[(D) a crisis management plan for responding
to violent or traumatic incidents on school
grounds; and
[(E) a code of conduct policy for all
students that clearly states the
responsibilities of students, teachers, and
administrators in maintaining a classroom
environment that--
[(i) allows a teacher to communicate
effectively with all students in the
class;
[(ii) allows all students in the
class to learn;
[(iii) has consequences that are
fair, and developmentally appropriate;
[(iv) considers the student and the
circumstances of the situation; and
[(v) is enforced accordingly;
[(8) an assurance that the application and any waiver
request under section 4115(a)(3) will be available for
public review after submission of the application; and
[(9) such other assurances, goals, and objectives
identified through scientifically based research that
the State may reasonably require in accordance with the
purpose of this part.
[(e) 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.--In determining whether to
approve the application of a local educational agency
under this section, a State educational agency shall
consider the quality of application and the extent to
which the application meets the principles of
effectiveness described in section 4115(a).
[(f) Approval Process.--
[(1) Deemed approval.--An application submitted by a
local educational agency pursuant to this section shall
be deemed to be approved by the State educational
agency unless the State educational agency makes a
written determination, prior to the expiration of the
120-day period beginning on the date on which the State
educational agency received the application, that the
application is not in compliance with this subpart.
[(2) Disapproval.--The State educational agency shall
not finally disapprove the application, except after
giving the local educational agency notice and
opportunity for a hearing.
[(3) Notification.--If the State educational agency
finds that the application is not in compliance, in
whole or in part, with this subpart, the State
educational agency shall--
[(A) give the local educational agency notice
and an opportunity for a hearing; and
[(B) notify the local educational agency of
the finding of noncompliance, and in such
notification, shall--
[(i) cite the specific provisions in
the application that are not in
compliance; and
[(ii) request additional information,
only as to the noncompliant provisions,
needed to make the application
compliant.
[(4) Response.--If the local educational agency
responds to the State educational agency's notification
described in paragraph (3)(B) during the 45-day period
beginning on the date on which the agency received the
notification, and resubmits the application with the
requested information described in paragraph
(3)(B)(ii), the State educational agency shall approve
or disapprove such application prior to the later of--
[(A) the expiration of the 45-day period
beginning on the date on which the application
is resubmitted; or
[(B) the expiration of the 120-day period
described in paragraph (1).
[(5) Failure to respond.--If the local educational
agency does not respond to the State educational
agency's notification described in paragraph (3)(B)
during the 45-day period beginning on the date on which
the agency received the notification, such application
shall be deemed to be disapproved.
[SEC. 4115. AUTHORIZED ACTIVITIES.
[(a) Principles of Effectiveness.--
[(1) In general.--For a program or activity developed
pursuant to this subpart to meet the principles of
effectiveness, such program or activity shall--
[(A) be based on an assessment of objective
data regarding the incidence of violence and
illegal drug use in the elementary schools and
secondary schools and communities to be served,
including an objective analysis of the current
conditions and consequences regarding violence
and illegal drug use, 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;
[(B) be based on an established set of
performance measures aimed at ensuring that the
elementary schools and secondary schools and
communities to be served by the program have a
safe, orderly, and drug-free learning
environment;
[(C) be based on scientifically based
research that provides evidence that the
program to be used will reduce violence and
illegal drug use;
[(D) be based on an analysis of the data
reasonably available at the time, of the
prevalence of risk factors, including high or
increasing rates of reported cases of child
abuse and domestic violence; protective
factors, buffers, assets; or other variables in
schools and communities in the State identified
through scientifically based research; and
[(E) include meaningful and ongoing
consultation with and input from parents in the
development of the application and
administration of the program or activity.
[(2) Periodic evaluation.--
[(A) Requirement.--The program or activity
shall undergo a periodic evaluation to assess
its progress toward reducing violence and
illegal drug use in schools to be served based
on performance measures described in section
4114(d)(2)(B).
[(B) Use of results.--The results shall be
used to refine, improve, and strengthen the
program, and to refine the performance
measures, and shall also be made available to
the public upon request, with public notice of
such availability provided.
[(3) Waiver.--A local educational agency may apply to
the State for a waiver of the requirement of subsection
(a)(1)(C) to allow innovative activities or programs
that demonstrate substantial likelihood of success.
[(b) Local Educational Agency Activities.--
[(1) Program requirements.--A local educational
agency shall use funds made available under section
4114 to develop, implement, and evaluate comprehensive
programs and activities, which are coordinated with
other school and community-based services and programs,
that shall--
[(A) foster a safe and drug-free learning
environment that supports academic achievement;
[(B) be consistent with the principles of
effectiveness described in subsection (a)(1);
[(C) be designed to--
[(i) prevent or reduce violence; the
use, possession and distribution of
illegal drugs; and delinquency; and
[(ii) create a well disciplined
environment conducive to learning,
which includes consultation between
teachers, principals, and other school
personnel to identify early warning
signs of drug use and violence and to
provide behavioral interventions as
part of classroom management efforts;
and
[(D) include activities to--
[(i) promote the involvement of
parents in the activity or program;
[(ii) promote coordination with
community groups and coalitions, and
government agencies; and
[(iii) distribute information about
the local educational agency's needs,
goals, and programs under this subpart.
[(2) Authorized activities.--Each local educational
agency, or consortium of such agencies, that receives a
subgrant under this subpart may use such funds to carry
out activities that comply with the principles of
effectiveness described in subsection (a), such as the
following:
[(A) Age appropriate and developmentally
based activities that--
[(i) address the consequences of
violence and the illegal use of drugs,
as appropriate;
[(ii) promote a sense of individual
responsibility;
[(iii) teach students that most
people do not illegally use drugs;
[(iv) teach students to recognize
social and peer pressure to use drugs
illegally and the skills for resisting
illegal drug use;
[(v) teach students about the dangers
of emerging drugs;
[(vi) engage students in the learning
process; and
[(vii) incorporate activities in
secondary schools that reinforce
prevention activities implemented in
elementary schools.
[(B) Activities that involve families,
community sectors (which may include
appropriately trained seniors), and a variety
of drug and violence prevention providers in
setting clear expectations against violence and
illegal use of drugs and appropriate
consequences for violence and illegal use of
drugs.
[(C) Dissemination of drug and violence
prevention information to schools and the
community.
[(D) Professional development and training
for, and involvement of, school personnel,
pupil services personnel, parents, and
interested community members in prevention,
education, early identification and
intervention, mentoring, or rehabilitation
referral, as related to drug and violence
prevention.
[(E) Drug and violence prevention activities
that may include the following:
[(i) Community-wide planning and
organizing activities to reduce
violence and illegal drug use, which
may include gang activity prevention.
[(ii) Acquiring and installing metal
detectors, electronic locks,
surveillance cameras, or other related
equipment and technologies.
[(iii) Reporting criminal offenses
committed on school property.
[(iv) Developing and implementing
comprehensive school security plans or
obtaining technical assistance
concerning such plans, which may
include obtaining a security assessment
or assistance from the School Security
and Technology Resource Center at the
Sandia National Laboratory located in
Albuquerque, New Mexico.
[(v) Supporting safe zones of passage
activities that ensure that students
travel safely to and from school, which
may include bicycle and pedestrian
safety programs.
[(vi) The hiring and mandatory
training, based on scientific research,
of school security personnel (including
school resource officers) who interact
with students in support of youth drug
and violence prevention activities
under this part that are implemented in
the school.
[(vii) Expanded and improved school-
based mental health services related to
illegal drug use and violence,
including early identification of
violence and illegal drug use,
assessment, and direct or group
counseling services provided to
students, parents, families, and school
personnel by qualified school-based
mental health service providers.
[(viii) Conflict resolution programs,
including peer mediation programs that
educate and train peer mediators and a
designated faculty supervisor, and
youth anti-crime and anti-drug councils
and activities.
[(ix) Alternative education programs
or services for violent or drug abusing
students that reduce the need for
suspension or expulsion or that serve
students who have been suspended or
expelled from the regular educational
settings, including programs or
services to assist students to make
continued progress toward meeting the
State academic achievement standards
and to reenter the regular education
setting.
[(x) Counseling, mentoring, referral
services, and other student assistance
practices and programs, including
assistance provided by qualified
school-based mental health services
providers and the training of teachers
by school-based mental health services
providers in appropriate identification
and intervention techniques for
students at risk of violent behavior
and illegal use of drugs.
[(xi) Programs that encourage
students to seek advice from, and to
confide in, a trusted adult regarding
concerns about violence and illegal
drug use.
[(xii) Drug and violence prevention
activities designed to reduce truancy.
[(xiii) Age-appropriate,
developmentally-based violence
prevention and education programs that
address 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.
[(xiv) Consistent with the fourth
amendment to the Constitution of the
United States, the testing of a student
for illegal drug use or the inspecting
of a student's locker for weapons or
illegal drugs or drug paraphernalia,
including at the request of or with the
consent of a parent or legal guardian
of the student, if the local
educational agency elects to so test or
inspect.
[(xv) Emergency intervention services
following traumatic crisis events, such
as a shooting, major accident, or a
drug-related incident that have
disrupted the learning environment.
[(xvi) Establishing or implementing a
system for transferring suspension and
expulsion records, consistent with
section 444 of the General Education
Provisions Act (20 U.S.C. 1232g), by a
local educational agency to any public
or private elementary school or
secondary school.
[(xvii) Developing and implementing
character education programs, as a
component of drug and violence
prevention programs, that take into
account the views of parents of the
students for whom the program is
intended and such students, such as a
program described in subpart 3 of part
D of title V.
[(xviii) Establishing and maintaining
a school safety hotline.
[(xix) Community service, including
community service performed by expelled
students, and service-learning
projects.
[(xx) Conducting a nationwide
background check of each local
educational agency employee, regardless
of when hired, and prospective
employees for the purpose of
determining whether the employee or
prospective employee has been convicted
of a crime that bears upon the
employee's fitness--
[(I) to be responsible for
the safety or well-being of
children;
[(II) to serve in the
particular capacity in which
the employee or prospective
employee is or will be
employed; or
[(III) to otherwise be
employed by the local
educational agency.
[(xxi) Programs to train school
personnel to identify warning signs of
youth suicide and to create an action
plan to help youth at risk of suicide.
[(xxii) Programs that respond to the
needs of students who are faced with
domestic violence or child abuse.
[(F) The evaluation of any of the activities
authorized under this subsection and the
collection of objective data used to assess
program needs, program implementation, or
program success in achieving program goals and
objectives.
[(c) Limitation.--
[(1) In general.--Except as provided in paragraph
(2), not more than 40 percent of the funds available to
a local educational agency under this subpart may be
used to carry out the activities described in clauses
(ii) through (vi) of subsection (b)(2)(E), of which not
more than 50 percent of such amount may be used to
carry out the activities described in clauses (ii)
through (v) of such subsection.
[(2) Exception.--A local educational agency may use
funds under this subpart for activities described in
clauses (ii) through (v) of subsection (b)(2)(E) only
if funding for these activities is not received from
other Federal agencies.
[(d) Rule of Construction.--Nothing in this section shall be
construed to prohibit the use of funds under this subpart by
any local educational agency or school for the establishment or
implementation of a school uniform policy if such policy is
part of the overall comprehensive drug and violence prevention
plan of the State involved and is supported by the State's
needs assessment and other scientifically based research
information.
[SEC. 4116. REPORTING.
[(a) State Report.--
[(1) In general.--By December 1, 2003, and every 2
years 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 4112(a)(1) and
section 4112(c) and local educational agency
programs under section 4115(b), as well as an
assessment of their effectiveness;
[(B) on the State's progress toward attaining
its performance measures for drug and violence
prevention under section 4113(a)(10); and
[(C) on the State's efforts to inform parents
of, and include parents in, violence and drug
prevention efforts.
[(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
incidence and prevalence, age of onset,
perception of health risk, and perception of
social disapproval of drug use and violence by
youth in schools and communities; and
[(C) made readily available to the public.
[(b) Local Educational Agency Report.--
[(1) In general.--Each local educational agency
receiving funds under this subpart shall submit to the
State educational agency such information that the
State requires to complete the State report required by
subsection (a), including a description of how parents
were informed of, and participated in, violence and
drug prevention efforts.
[(2) Availability.--Information under paragraph (1)
shall be made readily available to the public.
[(3) Provision of documentation.--Not later than
January 1 of each year that a State is required to
report under subsection (a), the Secretary shall
provide to the State educational agency all of the
necessary documentation required for compliance with
this section.
[SEC. 4117. PROGRAMS FOR NATIVE HAWAIIANS.
[(a) General Authority.--From the funds made available
pursuant to section 4111(a)(1)(C) 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 for the benefit of Native
Hawaiians to plan, conduct, and administer programs, or
portions thereof, that are authorized by and consistent with
the provisions of this subpart.
[(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. 4129. GRANTS TO REDUCE ALCOHOL ABUSE.
[(a) In General.--The Secretary, in consultation with the
Administrator of the Substance Abuse and Mental Health Services
Administration, may award grants from funds made available to
carry out this subpart under section 4003(2), on a competitive
basis, to local educational agencies to enable such agencies to
develop and implement innovative and effective programs to
reduce alcohol abuse in secondary schools.
[(b) Eligibility.--To be eligible to receive a grant under
subsection (a), a local educational agency shall prepare and
submit to the Secretary an application at such time, in such
manner, and containing such information as the Secretary may
require, including--
[(1) a description of the activities to be carried
out under the grant;
[(2) an assurance that such activities will include
one or more of the proven strategies for reducing
underage alcohol abuse as determined by the Substance
Abuse and Mental Health Services Administration;
[(3) an explanation of how activities to be carried
out under the grant that are not described in paragraph
(2) will be effective in reducing underage alcohol
abuse, including references to the past effectiveness
of such activities;
[(4) an assurance that the applicant will submit to
the Secretary an annual report concerning the
effectiveness of the programs and activities funded
under the grant; and
[(5) such other information as the Secretary
determines appropriate.
[(c) Streamlining of Process for Low-Income and Rural LEAs.--
The Secretary, in consultation with the Administrator of the
Substance Abuse and Mental Health Services Administration,
shall develop procedures to make the application process for
grants under this section more user-friendly, particularly for
low-income and rural local educational agencies.
[(d) Reservations.--
[(1) SAMHSA.--The Secretary may reserve 20 percent of
any amount used to carry out this section to enable the
Administrator of the Substance Abuse and Mental Health
Services Administration to provide alcohol abuse
resources and start-up assistance to local educational
agencies receiving grants under this section.
[(2) Low-income and rural areas.--The Secretary may
reserve 25 percent of any amount used to carry out this
section to award grants to low-income and rural local
educational agencies.
[SEC. 4130. MENTORING PROGRAMS.
[(a) Purpose; Definitions.--
[(1) Purpose.--The purpose of this section is to make
assistance available to promote mentoring programs for
children with greatest need--
[(A) to assist such children in receiving
support and guidance from a mentor;
[(B) to improve the academic achievement of
such children;
[(C) to improve interpersonal relationships
between such children and their peers,
teachers, other adults, and family members;
[(D) to reduce the dropout rate of such
children; and
[(E) to reduce juvenile delinquency and
involvement in gangs by such children.
[(2) Definitions.--In this part:
[(A) Child with greatest need.--The term
``child with greatest need'' means a child who
is at risk of educational failure, dropping out
of school, or involvement in criminal or
delinquent activities, or who lacks strong
positive role models.
[(B) Eligible entity.--The term ``eligible
entity'' means--
[(i) a local educational agency;
[(ii) a nonprofit, community-based
organization; or
[(iii) a partnership between a local
educational agency and a nonprofit,
community-based organization.
[(C) Mentor.--The term ``mentor'' means a
responsible adult, a postsecondary school
student, or a secondary school student who
works with a child--
[(i) to provide a positive role model
for the child;
[(ii) to establish a supportive
relationship with the child; and
[(iii) to provide the child with
academic assistance and exposure to new
experiences and examples of opportunity
that enhance the ability of the child
to become a responsible adult.
[(D) State.--The term ``State'' means each of
the several 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.
[(b) Grant Program.--
[(1) In general.--The Secretary may award grants from
funds made available to carry out this subpart under
section 4003(2) to eligible entities to assist such
entities in establishing and supporting mentoring
programs and activities for children with greatest need
that--
[(A) are designed to link such children
(particularly children living in rural areas,
high-crime areas, or troubled home
environments, or children experiencing
educational failure) with mentors who--
[(i) have received training and
support in mentoring;
[(ii) have been screened using
appropriate reference checks, child and
domestic abuse record checks, and
criminal background checks; and
[(iii) are interested in working with
children with greatest need; and
[(B) are intended to achieve one or more of
the following goals with respect to children
with greatest need:
[(i) Provide general guidance.
[(ii) Promote personal and social
responsibility.
[(iii) Increase participation in, and
enhance the ability to benefit from,
elementary and secondary education.
[(iv) Discourage illegal use of drugs
and alcohol, violence, use of dangerous
weapons, promiscuous behavior, and
other criminal, harmful, or potentially
harmful activity.
[(v) Encourage participation in
community service and community
activities.
[(vi) Encourage setting goals and
planning for the future, including
encouragement of graduation from
secondary school and planning for
postsecondary education or training.
[(viii) Discourage involvement in
gangs.
[(2) Use of funds.--
[(A) In general.--Each eligible entity
awarded a grant under this subsection shall use
the grant funds for activities that establish
or implement a mentoring program, that may
include--
[(i) hiring of mentoring coordinators
and support staff;
[(ii) providing for the professional
development of mentoring coordinators
and support staff;
[(iii) recruitment, screening, and
training of mentors;
[(iv) reimbursement to schools, if
appropriate, for the use of school
materials or supplies in carrying out
the mentoring program;
[(v) dissemination of outreach
materials;
[(vi) evaluation of the mentoring
program using scientifically based
methods; and
[(vii) such other activities as the
Secretary may reasonably prescribe by
rule.
[(B) Prohibited uses.--Notwithstanding
subparagraph (A), an eligible entity awarded a
grant under this section may not use the grant
funds--
[(i) to directly compensate mentors;
[(ii) to obtain educational or other
materials or equipment that would
otherwise be used in the ordinary
course of the eligible entity's
operations;
[(iii) to support litigation of any
kind; or
[(iv) for any other purpose
reasonably prohibited by the Secretary
by rule.
[(3) Availability of funds.--Funds made available
through a grant under this section shall be available
for obligation for a period not to exceed 3 years.
[(4) Application.--Each eligible entity seeking a
grant under this section shall submit to the Secretary
an application that includes--
[(A) a description of the plan for the
mentoring program the eligible entity proposes
to carry out with such grant;
[(B) information on the children expected to
be served by the mentoring program for which
such grant is sought;
[(C) a description of the mechanism the
eligible entity will use to match children with
mentors based on the needs of the children;
[(D) an assurance that no mentor will be
assigned to mentor so many children that the
assignment will undermine the mentor's ability
to be an effective mentor or the mentor's
ability to establish a close relationship (a
one-to-one relationship, where practicable)
with each mentored child;
[(E) an assurance that the mentoring program
will provide children with a variety of
experiences and support, including--
[(i) emotional support;
[(ii) academic assistance; and
[(iii) exposure to experiences that
the children might not otherwise
encounter on their own;
[(F) an assurance that the mentoring program
will be monitored to ensure that each child
assigned a mentor benefits from that assignment
and that the child will be assigned a new
mentor if the relationship between the original
mentor and the child is not beneficial to the
child;
[(G) information regarding how mentors and
children will be recruited to the mentoring
program;
[(H) information regarding how prospective
mentors will be screened;
[(I) information on the training that will be
provided to mentors; and
[(J) information on the system that the
eligible entity will use to manage and monitor
information relating to the mentoring
program's--
[(i) reference checks;
[(ii) child and domestic abuse record
checks;
[(iii) criminal background checks;
and
[(iv) procedure for matching children
with mentors.
[(5) Selection.--
[(A) Competitive basis.--In accordance with
this subsection, the Secretary shall award
grants to eligible entities on a competitive
basis.
[(B) Priority.--In awarding grants under
subparagraph (A), the Secretary shall give
priority to each eligible entity that--
[(i) serves children with greatest
need living in rural areas, high-crime
areas, or troubled home environments,
or who attend schools with violence
problems;
[(ii) provides high quality
background screening of mentors,
training of mentors, and technical
assistance in carrying out mentoring
programs; or
[(iii) proposes a school-based
mentoring program.
[(C) Other considerations.--In awarding
grants under subparagraph (A), the Secretary
shall also consider--
[(i) the degree to which the location
of the mentoring program proposed by
each eligible entity contributes to a
fair distribution of mentoring programs
with respect to urban and rural
locations;
[(ii) the quality of the mentoring
program proposed by each eligible
entity, including--
[(I) the resources, if any,
the eligible entity will
dedicate to providing children
with opportunities for job
training or postsecondary
education;
[(II) the degree to which
parents, teachers, community-
based organizations, and the
local community have
participated, or will
participate, in the design and
implementation of the proposed
mentoring program;
[(III) the degree to which
the eligible entity can ensure
that mentors will develop
longstanding relationships with
the children they mentor;
[(IV) the degree to which the
mentoring program will serve
children with greatest need in
the 4th through 8th grades; and
[(V) the degree to which the
mentoring program will continue
to serve children from the 9th
grade through graduation from
secondary school, as needed;
and
[(iii) the capability of each
eligible entity to effectively
implement its mentoring program.
[(D) Grant to each state.--Notwithstanding
any other provision of this subsection, in
awarding grants under subparagraph (A), the
Secretary shall select not less than one grant
recipient from each State for which there is an
eligible entity that submits an application of
sufficient quality pursuant to paragraph (4).
[(6) Model screening guidelines.--
[(A) In general.--Based on model screening
guidelines developed by the Office of Juvenile
Programs of the Department of Justice, the
Secretary shall develop and distribute to each
eligible entity awarded a grant under this
section specific model guidelines for the
screening of mentors who seek to participate in
mentoring programs assisted under this section.
[(B) Background checks.--The guidelines
developed under this subsection shall include,
at a minimum, a requirement that potential
mentors be subject to reference checks, child
and domestic abuse record checks, and criminal
background checks.]
* * * * * * *
TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
* * * * * * *
PART D--FUND FOR THE IMPROVEMENT OF EDUCATION
* * * * * * *
[Subpart 2--Elementary and Secondary School Counseling Programs
[SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
[(a) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
such agencies to establish or expand elementary school
and secondary school counseling programs that comply
with the requirements of subsection (c)(2).
[(2) Special consideration.--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 children
in the schools served by the local educational
agency, in part by providing information on
current ratios of students to school
counselors, students to school social workers,
and students to school psychologists;
[(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 local educational agencies
located in urban, rural, and suburban areas.
[(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
[(5) Maximum grant.--A grant awarded under this
section shall not exceed $400,000 for any fiscal year.
[(6) Supplement, not supplant.--Funds made available
under this section shall be used to supplement, and not
supplant, other Federal, State, or local funds used for
providing school-based counseling and mental health
services to students.
[(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 school population to be
targeted by the program, the particular
counseling 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 how the local educational
agency will involve community groups, social
service agencies, and other public and private
entities in collaborative efforts to enhance
the program and promote school-linked services
integration;
[(E) document that the local educational
agency has the personnel qualified to develop,
implement, and administer the program;
[(F) describe how diverse cultural
populations, if applicable, will be served
through the program;
[(G) assure that the funds made available
under this subpart for any fiscal year will be
used to supplement, and not supplant, any other
Federal, State, or local funds used for
providing school-based counseling and mental
health services to students; and
[(H) assure that the applicant will appoint
an advisory board composed of interested
parties, including parents, teachers, school
administrators, counseling services providers
described in subsection (c)(2)(D), and
community leaders, to advise the local
educational agency on the design and
implementation of the program.
[(c) Use of Funds.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
the local educational agencies to initiate or expand
elementary school or secondary school counseling
programs that comply with the requirements of paragraph
(2).
[(2) Requirements.--Each program funded under this
section shall--
[(A) be comprehensive in addressing the
counseling 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 and secondary schools of
the local educational agency;
[(D) expand counseling services through
qualified school counselors, school social
workers, school psychologists, other qualified
psychologists, or child and adolescent
psychiatrists;
[(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking,
or academic and career planning, or to improve
peer interaction;
[(F) provide counseling services in settings
that meet the range of student needs;
[(G) include in-service training appropriate
to the activities funded under this Act for
teachers, instructional staff, and appropriate
school personnel, including in-service training
in appropriate identification and early
intervention techniques by school counselors,
school social workers, school psychologists,
other qualified psychologists, and child and
adolescent psychiatrists;
[(H) involve parents of participating
students in the design, implementation, and
evaluation of the counseling program;
[(I) involve community groups, social service
agencies, or other public or private entities
in collaborative efforts to enhance the program
and promote school-linked integration of
services;
[(J) evaluate annually the effectiveness and
outcomes of the counseling services and
activities assisted under this section;
[(K) ensure a team approach to school
counseling in the schools served by the local
educational agency by working toward ratios
recommended by the American School Health
Association of one school counselor to 250
students, one school social worker to 800
students, and one school psychologist to 1,000
students; and
[(L) ensure that school counselors, school
psychologists, other qualified psychologists,
school social workers, or child and adolescent
psychiatrists paid from funds made available
under this section spend a majority of their
time counseling students or in other activities
directly related to the counseling process.
[(d) Limitation on Administrative Costs.--Not more than 4
percent of the amounts made available under this section for
any fiscal year may be used for administrative costs to carry
out this section.
[(e) Definitions.--For the purpose of this section--
[(1) the term ``child and adolescent psychiatrist''
means an individual who--
[(A) possesses State medical licensure; and
[(B) has completed residency training
programs in both general psychiatry and child
and adolescent psychiatry;
[(2) the term ``other qualified psychologist'' means
an individual who has demonstrated competence in
counseling children in a school setting and who--
[(A) is licensed in psychology by the State
in which the individual works; and
[(B) practices in the scope of the
individual's education, training, and
experience with children in school settings;
[(3) the term ``school counselor'' means an
individual who has documented competence in counseling
children and adolescents in a school setting and who--
[(A) is licensed by the State or certified 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;
[(4) the term ``school psychologist'' means an
individual who--
[(A) has completed 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 are in the school setting;
[(B) is licensed or certified in school
psychology by 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; and
[(5) the term ``school social worker'' means an
individual who--
[(A) holds a master's degree in social work
from a program accredited by the Council on
Social Work Education; and
[(B)(i) is licensed or certified by the State
in which services are provided; or
[(ii) in the absence of such State licensure
or certification, possesses a national
credential or certification as a school social
work specialist granted by an independent
professional organization.
[(f) Report.--Not later than 2 years after assistance is made
available to local educational agencies under subsection (c),
the Secretary shall make publicly available a report--
[(1) evaluating the programs assisted pursuant to
each grant under this subpart; and
[(2) outlining the information from local educational
agencies regarding the ratios of students to--
[(A) school counselors;
[(B) school social workers; and
[(C) school psychologists.
[(g) Special Rule.--
[(1) Amount equals or exceeds $40,000,000.--If the
amount of funds made available by the Secretary for
this subpart equals or exceeds $40,000,000, the
Secretary shall award not less than $40,000,000 in
grants to local educational agencies to enable the
agencies to establish or expand counseling programs in
elementary schools.
[(2) Amount less than $40,000,000.--If the amount of
funds made available by the Secretary for this subpart
is less than $40,000,000, the Secretary shall award
grants to local educational agencies only to establish
or expand counseling programs in elementary schools.
[Subpart 3--Partnerships in Character Education
[SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to eligible entities for the design and
implementation of character education programs that--
[(A) are able to be integrated into classroom
instruction and to be consistent with State
academic content standards; and
[(B) are able to be carried out in
conjunction with other educational reform
efforts.
[(2) Eligible entity.--In this section, the term
``eligible entity'' means--
[(A) a State educational agency in
partnership with--
[(i) one or more local educational
agencies; or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) nonprofit organizations
or entities, including an
institution of higher
education;
[(B) a local educational agency or consortium
of local educational agencies; or
[(C) a local educational agency in
partnership with one or more nonprofit
organizations or entities, including an
institution of higher education.
[(3) Duration.--Each grant under this section shall
be awarded for a period not to exceed 5 years, of which
the eligible entity may not use more than 1 year for
planning and program design.
[(4) Amount of grants for state educational
agencies.--Subject to the availability of
appropriations, the amount of a grant made by the
Secretary to a State educational agency under this
section shall not be less than $500,000 if the State
educational agency--
[(A) is in a partnership described in
paragraph (2)(A); and
[(B) meets such requirements as the Secretary
may establish under this section.
[(b) Contracts Under Program.--
[(1) Evaluation.--Each eligible entity awarded a
grant under this section may contract with outside
sources, including institutions of higher education and
private and nonprofit organizations, for the purposes
of--
[(A) evaluating the program for which the
assistance is made available;
[(B) measuring the integration of such
program into the curriculum and teaching
methods of schools where the program is carried
out; and
[(C) measuring the success of such program in
fostering the elements of character selected by
the recipient under subsection (c).
[(2) Materials and program development.--Each
eligible entity awarded a grant under this section may
contract with outside sources, including institutions
of higher education and private and nonprofit
organizations, for assistance in--
[(A) developing secular curricula, materials,
teacher training, and other activities related
to character education; and
[(B) integrating secular character education
into the curricula and teaching methods of
schools where the program is carried out.
[(c) Elements of Character.--
[(1) Selection.--
[(A) In general.--Each eligible entity
awarded a grant under this section may select
the elements of character that will be taught
under the program for which the grant was
awarded.
[(B) Consideration of views.--In selecting
elements of character under subparagraph (A),
the eligible entity shall consider the views of
the parents of the students to be taught under
the program and the views of the students.
[(2) Example elements.--Elements of character
selected under this subsection may include any of the
following:
[(A) Caring.
[(B) Civic virtue and citizenship.
[(C) Justice and fairness.
[(D) Respect.
[(E) Responsibility.
[(F) Trustworthiness.
[(G) Giving.
[(H) Any other elements deemed appropriate by
the eligible entity.
[(d) Use of Funds by State Educational Agency Recipients.--Of
the total funds received in any fiscal year under this section
by an eligible entity that is a State educational agency--
[(1) not more than 3 percent of such funds may be
used for administrative purposes; and
[(2) the remainder of such funds may be used for--
[(A) collaborative initiatives with and
between local educational agencies and schools;
[(B) the preparation or purchase of
materials, and teacher training;
[(C) providing assistance to local
educational agencies, schools, or institutions
of higher education; and
[(D) technical assistance and evaluation.
[(e) Application.--
[(1) In general.--Each eligible entity 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) Required information.--Each application for a
grant under this section shall include (together with
any other information that the Secretary may require)
information that--
[(A) demonstrates that the program for which
the grant is sought has clear objectives that
are based on scientifically based research;
[(B) describes any partnerships or
collaborative efforts among the organizations
and entities of the eligible entity;
[(C) describes the activities that will be
carried out with the grant funds and how such
activities will meet the objectives described
in subparagraph (A), including--
[(i) how parents, students, students
with disabilities (including those with
mental or physical disabilities), and
other members of the community,
including members of private and
nonprofit organizations, will be
involved in the design and
implementation of the program and how
the eligible entity will work with the
larger community to increase the reach
and promise of the program;
[(ii) curriculum and instructional
practices that will be used or
developed; and
[(iii) methods of teacher training
and parent education that will be used
or developed;
[(D) describes how the program for which the
grant is sought will be linked to other efforts
to improve academic achievement, including--
[(i) broader educational reforms that
are being instituted by the eligible
entity or its partners; and
[(ii) State academic content
standards;
[(E) in the case of an eligible entity that
is a State educational agency, describes how
the State educational agency--
[(i) will provide technical and
professional assistance to its local
educational agency partners in the
development and implementation of
character education programs; and
[(ii) will assist other interested
local educational agencies that are not
members of the original partnership in
designing and establishing character
education programs;
[(F) describes how the eligible entity will
evaluate the success of its program--
[(i) based on the objectives
described in subparagraph (A); and
[(ii) in cooperation with any
national evaluation conducted pursuant
to subsection (h)(2)(B)(iii); and
[(G) assures that the eligible entity
annually will provide to the Secretary such
information as may be required to determine the
effectiveness of the program.
[(f) Selection of Recipients.--
[(1) Peer review.--
[(A) In general.--In selecting eligible
entities to receive grants under this section
from among the applicants for such grants, the
Secretary shall use a peer review process that
includes the participation of experts in the
field of character education and development.
[(B) Use of funds.--The Secretary may use
funds appropriated under this section for the
cost of carrying out peer reviews under this
paragraph.
[(2) Selection criteria.--Each selection under
paragraph (1) shall be made on the basis of the quality
of the application submitted, taking into consideration
such factors as--
[(A) the extent to which the program fosters
character in students and the potential for
improved student academic achievement;
[(B) the extent and ongoing nature of
parental, student, and community involvement;
[(C) the quality of the plan for measuring
and assessing success; and
[(D) the likelihood that the objectives of
the program will be achieved.
[(3) Equitable distribution.--In making selections
under this subsection, the Secretary shall ensure, to
the extent practicable under paragraph (2), that the
programs assisted under this section are equitably
distributed among the geographic regions of the United
States, and among urban, suburban, and rural areas.
[(g) Participation by Private School Children and Teachers.--
Each eligible entity that receives a grant under this section
shall provide, to the extent feasible and appropriate, for the
participation in programs and activities under this section of
students and teachers in private elementary schools and
secondary schools.
[(h) Evaluation and Program Development.--
[(1) State and local reporting and evaluation.--Each
eligible entity receiving a grant under this section
shall submit to the Secretary a comprehensive
evaluation of the program assisted under this section,
including its impact on students, students with
disabilities (including those with mental or physical
disabilities), teachers, administrators, parents, and
others--
[(A) by the end of the second year of the
program; and
[(B) not later than 1 year after completion
of the grant period.
[(2) National research, dissemination, and
evaluation.--
[(A) In general.--
[(i) Authorization.--The Secretary is
authorized to award grants to, or enter
into contracts or cooperative
agreements with, State educational
agencies or local educational agencies,
institutions of higher education,
tribal organizations, or other public
or private agencies or organizations to
carry out research, development,
dissemination, technical assistance,
and evaluation activities that support
or inform State and local character
education programs.
[(ii) Reservation of funds.--The
Secretary shall reserve not more than 5
percent of the funds made available
under this section to carry out this
paragraph.
[(B) Uses.--Funds made available under
subparagraph (A) may be used for the following:
[(i) Conducting research and
development activities that focus on
matters such as--
[(I) the extent to which
schools are undertaking
character education
initiatives;
[(II) the effectiveness of
instructional models for all
students, including students
with disabilities (including
those with mental or physical
disabilities);
[(III) materials and
curricula for use by programs
in character education;
[(IV) models of professional
development in character
education;
[(V) the development of
measures of effectiveness for
character education programs
(which may include the factors
described in paragraph (3));
and
[(VI) the effectiveness of
State and local programs
receiving funds under this
section.
[(ii) Providing technical assistance
to State and local programs,
particularly on matters of program
evaluation.
[(iii) Conducting evaluations of
State and local programs receiving
funding under this section, that may be
conducted through a national
clearinghouse under clause (iv).
[(iv) Compiling and disseminating,
through a national clearinghouse or
other means--
[(I) information on model
character education programs;
[(II) information about high
quality character education
materials and curricula;
[(III) research findings in
the area of character education
and character development; and
[(IV) any other information
that will be useful to
character education program
participants nationwide,
including educators, parents,
and administrators.
[(C) Partnerships.--In carrying out national
activities under this paragraph, the Secretary
may enter into partnerships with national
nonprofit character education organizations and
institutions of higher education with expertise
and successful experience in implementing--
[(i) character education programs
that had an effective impact on
schools, students, students with
disabilities (including those with
mental or physical disabilities), and
teachers; or
[(ii) character education program
evaluation and research.
[(D) Partnership for activities under
subparagraph (B)(iv).--In carrying out national
activities under subparagraph (B)(iv), the
Secretary may enter into a partnership with a
national nonprofit character education
organization that will disseminate information
to educators, parents, administrators, and
others nationwide, including information about
the range of model character education
programs, materials, and curricula.
[(E) Report.--Each entity awarded a grant or
entering into a contract or cooperative
agreement under this paragraph shall submit an
annual report to the Secretary that--
[(i) describes the entity's progress
in carrying out research, development,
dissemination, evaluation, and
technical assistance under this
paragraph;
[(ii) identifies unmet and future
information needs in the field of
character education; and
[(iii) if applicable, describes the
progress of the entity in carrying out
the requirements of subparagraph
(B)(iv), including a listing of--
[(I) the number of requests
for information received by the
entity in the course of
carrying out such requirements;
[(II) the types of
organizations making such
requests; and
[(III) the types of
information requested.
[(3) Factors.--Factors that may be considered in
evaluating the success of programs funded under this
section include the following:
[(A) Discipline issues.
[(B) Student academic achievement.
[(C) Participation in extracurricular
activities.
[(D) Parental and community involvement.
[(E) Faculty and administration involvement.
[(F) Student and staff morale.
[(G) Overall improvements in school climate
for all students, including students with
disabilities (including those with mental or
physical disabilities).
[(i) Permissive Match.--
[(1) In general.--The Secretary may require eligible
entities to match funds awarded under this section with
non-Federal funds, except that the amount of the match
may not exceed the amount of the grant award.
[(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
scale that takes into account--
[(A) the poverty of the population to be
targeted by the eligible entity; and
[(B) the ability of the eligible entity to
obtain funding for the match.
[(3) In-kind contributions.--The Secretary shall
permit eligible entities to match funds in whole or in
part with in-kind contributions.
[(4) Consideration.--Notwithstanding this subsection,
the Secretary in making awards under this section shall
not consider the ability of an eligible entity to match
funds.
[Subpart 4--Smaller Learning Communities
[SEC. 5441. SMALLER LEARNING COMMUNITIES.
[(a) Grant Authority.--The Secretary is authorized to award
grants to local educational agencies to enable the agencies to
create a smaller learning community or communities.
[(b) Application.--Each local educational agency 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 require. The application shall
include descriptions of the following:
[(1) Strategies and methods the local educational
agency 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 smaller 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 subpart.
[(7) The objectives of the activities assisted under
this subpart, including a description of how such
activities will better enable all students to reach
challenging State academic content standards and State
student academic achievement standards.
[(8) The methods by which the local educational
agency will assess progress in meeting the objectives
described in paragraph (7).
[(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 remainder of the school.
[(10) 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 local educational agency will
coordinate or use funds provided under this subpart
with other funds provided under this Act or other
Federal laws.
[(12) The grade levels or ages of students who will
participate in the smaller learning community or
communities.
[(13) The method of placing students in the smaller
learning community or communities, such that students
are not placed according to ability or any other
measure, but are placed at random or by their own
choice, and not pursuant to testing or other judgments.
[(c) Authorized Activities.--Funds under this section may be
used for one or more of the following:
[(1) To study--
[(A) the feasibility of creating the smaller
learning community or communities; and
[(B) effective and innovative organizational
and instructional strategies that will be used
in the smaller learning community or
communities.
[(2) To research, develop, and implement--
[(A) strategies for creating the smaller
learning community or communities; and
[(B) strategies for effective and innovative
changes in curriculum and instruction, geared
to challenging State academic content standards
and State student academic achievement
standards.
[(3) To provide professional development for school
staff in innovative teaching methods that--
[(A) challenge and engage students; and
[(B) will be used in the smaller learning
community or communities.
[(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 and provide links between students and their
community.
[Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution
Program
[SEC. 5451. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
[(a) Purpose.--The purpose of this subpart is to establish
and implement a model partnership between a governmental entity
and a private entity, to help prepare young children for
reading and to motivate older children to read, through the
distribution of inexpensive books. Local reading motivation
programs assisted under this section shall use such assistance
to provide books, training for volunteers, motivational
activities, and other essential literacy resources and shall
assign the highest priority to serving the youngest and
neediest children in the United States.
[(b) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (RIF) (hereafter in
this section referred to as the ``contractor'') to support and
promote programs, which include the distribution of inexpensive
books to young and school-age children, that motivate children
to read.
[(c) Requirements of Contract.--Any contract entered into
under subsection (b) shall contain each of the following:
[(1) A provision that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the
distribution of books, by gift (to the extent feasible)
or by loan, to children from birth through secondary
school age, including children in family literacy
programs.
[(2) A provision that funds made available to
subcontractors will be used only to pay the Federal
share of the cost of such programs.
[(3) A provision that, in selecting subcontractors
for initial funding, the contractor will give priority
to programs that will serve a substantial number or
percentage of children with special needs, such as the
following:
[(A) Low-income children, particularly in
high-poverty areas.
[(B) Children at risk of school failure.
[(C) Children with disabilities.
[(D) Foster children.
[(E) Homeless children.
[(F) Migrant children.ildren without access
to libraries.
[(H) Institutionalized or incarcerated
children.
[(I) Children whose parents are
institutionalized or incarcerated.
[(4) A provision that the contractor will provide
such training and technical assistance to
subcontractors as may be necessary to carry out the
purpose of this subpart.
[(5) A provision that the contractor will annually
report to the Secretary the number, and a description,
of programs funded under paragraph (3).
[(6) Such other terms and conditions as the Secretary
determines to be appropriate to ensure the
effectiveness of such programs.
[(d) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section unless
the Secretary determines that the contractor or subcontractor,
as the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such
publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
[(e) Special Rules for Certain Subcontractors.--
[(1) Funds from other federal sources.--
Subcontractors operating programs under this section in
low-income communities with a substantial number or
percentage of children with special needs, as described
in subsection (c)(3), may use funds from other Federal
sources to pay the non-Federal share of the cost of the
program, if those funds do not comprise more than 50
percent of the non-Federal share of the funds used for
the cost of acquiring and distributing books.
[(2) Waiver authority.--Notwithstanding subsection
(c), the contractor may waive, in whole or in part, the
requirement in subsection (c)(1) for a subcontractor,
if the subcontractor demonstrates that it would
otherwise not be able to participate in the program,
and enters into an agreement with the contractor with
respect to the amount of the non-Federal share to which
the waiver will apply. In a case in which such a waiver
is granted, the requirement in subsection (c)(2) shall
not apply.
[(f) Multi-Year Contracts.--The contractor may enter into a
multi-year subcontract under this section, if--
[(1) the contractor believes that such subcontract
will provide the subcontractor with additional leverage
in seeking local commitments; and
[(2) the subcontract does not undermine the finances
of the national program.
[(g) Federal Share Defined.--In this section, the term
``Federal share'' means, with respect to the cost to a
subcontractor of purchasing books to be paid for under this
section, 75 percent of such costs to the subcontractor, except
that the Federal share for programs serving children of migrant
or seasonal farmworkers shall be 100 percent of such costs to
the subcontractor.
[Subpart 6--Gifted and Talented Students
[SEC. 5461. SHORT TITLE.
[This subpart may be cited as the ``Jacob K. Javits Gifted
and Talented Students Education Act of 2001''.
[SEC. 5462. PURPOSE.
[The purpose of this subpart is to initiate a coordinated
program of scientifically based research, demonstration
projects, innovative strategies, and similar activities
designed to build and enhance the ability of elementary schools
and secondary schools nationwide to meet the special
educational needs of gifted and talented students.
[SEC. 5463. RULE OF CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings, where
appropriate.
[SEC. 5464. AUTHORIZED PROGRAMS.
[(a) Establishment of Program.--
[(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) is authorized to make grants to,
or enter into contracts with, State educational
agencies, local educational agencies, institutions of
higher education, other public agencies, and other
private agencies and organizations (including Indian
tribes and Indian organizations (as such terms are
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) and
Native Hawaiian organizations) to assist such agencies,
institutions, and organizations in carrying out
programs or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
[(2) Application.--Each entity seeking assistance
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall describe how--
[(A) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
[(B) the proposed programs can be evaluated.
[(b) Use of Funds.--Programs and projects assisted under this
section may include each of the following:
[(1) Conducting--
[(A) scientifically based research on methods
and techniques for identifying and teaching
gifted and talented students and for using
gifted and talented programs and methods to
serve all students; and
[(B) program evaluations, surveys, and the
collection, analysis, and development of
information needed to accomplish the purpose of
this subpart.
[(2) Carrying out professional development (including
fellowships) for personnel (including leadership
personnel) involved in the education of gifted and
talented students.
[(3) Establishing and operating model projects and
exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs (such as
summer programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education).
[(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service
learning.
[(5) Carrying out programs of technical assistance
and information dissemination, including assistance and
information with respect to how gifted and talented
programs and methods, where appropriate, may be adapted
for use by all students.
[(6) Making materials and services available through
State regional educational service centers,
institutions of higher education, or other entities.
[(7) Providing funds for challenging, high-level
course work, disseminated through technologies
(including distance learning), for individual students
or groups of students in schools and local educational
agencies that would not otherwise have the resources to
provide such course work.
[(c) Special Rule.--To the extent that funds appropriated to
carry out this subpart for a fiscal year beginning with fiscal
year 2002 exceed such funds appropriated for fiscal year 2001,
the Secretary shall use such excess funds to award grants, on a
competitive basis, to State educational agencies, local
educational agencies, or both, to implement activities
described in subsection (b).
[(d) Center for Research and Development.--
[(1) In General.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Research Center for the Education of Gifted and
Talented Children and Youth through grants to, or
contracts with, one or more institutions of higher
education or State educational agencies, or a
combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out
activities described in subsection (b).
[(2) Director.--The National Center shall be headed
by a Director. The Secretary may authorize the Director
to carry out such functions of the National Center as
may be agreed upon through arrangements with
institutions of higher education, State educational
agencies, local educational agencies, or other public
or private agencies and organizations.
[(3) Funding.--The Secretary may use not more than 30
percent of the funds made available under this subpart
for fiscal year 2001 to carry out this subsection.
[(e) Coordination.--Scientifically based research activities
supported under this subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by such
Institute; and
[(2) may include collaborative scientifically based
research activities which are jointly funded and
carried out with such Institute.
[SEC. 5465. PROGRAM PRIORITIES.
[(a) General Priority.--In carrying out this subpart, the
Secretary shall give highest priority to programs and projects
designed to develop new information that--
[(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
[(2) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals,
individuals with limited English proficiency, and
individuals with disabilities) who may not be
identified and served through traditional assessment
methods.
[(b) Service Priority.--The Secretary shall ensure that not
less than 50 percent of the applications approved under section
5464(a)(2) in a fiscal year address the priority described in
subsection (a)(2).
[SEC. 5466. GENERAL PROVISIONS.
[(a) Participation of Private School Children and Teachers.--
In making grants and entering into contracts under this
subpart, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students
and teachers in private nonprofit elementary schools and
secondary schools, including the participation of teachers and
other personnel in professional development programs serving
such students.
[(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
[(1) use a peer review process in reviewing
applications under this subpart;
[(2) ensure that information on the activities and
results of programs and projects funded under this
subpart is disseminated to appropriate State
educational agencies, local educational agencies, and
other appropriate organizations, including nonprofit
private organizations; and
[(3) evaluate the effectiveness of programs under
this subpart in accordance with section 9601, in terms
of the impact on students traditionally served in
separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than 2 years after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Program Operations.--The Secretary shall ensure that the
programs under this subpart are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
[(1) administer and coordinate the programs
authorized under this subpart;
[(2) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs;
[(3) assist the Assistant Secretary for Educational
Research and Improvement in identifying research
priorities that reflect the needs of gifted and
talented students; and
[(4) shall disseminate, and consult on, the
information developed under this subpart with other
offices within the Department.
[Subpart 7--Star Schools Program
[SEC. 5471. SHORT TITLE.
[This subpart may be cited as the ``Star Schools Act''.
[SEC. 5472. PURPOSES.
The purposes of this subpart are the following:
[(1) To encourage improved instruction in
mathematics, science, and foreign languages as well as
other subjects (such as literacy skills and vocational
education).
[(2) To serve underserved populations, including
disadvantaged, illiterate, limited English proficient
populations, and individuals with disabilities through
a Star Schools program under which grants are made to
eligible telecommunication partnerships to enable such
partnerships--
[(A) to develop, construct, acquire,
maintain, and operate telecommunications audio
and visual facilities and equipment;
[(B) to develop and acquire educational and
instructional programming; and
[(C) to obtain technical assistance for the
use of such facilities and instructional
programming.
[SEC. 5473. GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary, in conjunction with the
Office of Educational Technology, is authorized to make grants,
in accordance with the provisions of this subpart, to eligible
entities to pay the Federal share of the cost of the following:
[(1) Development, construction, acquisition,
maintenance, and operation of telecommunications
facilities and equipment.
[(2) Development and acquisition of live, interactive
instructional programming.
[(3) Development and acquisition of preservice and
inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, and ongoing, in-class instruction.
[(4) Establishment of teleconferencing facilities and
resources for making interactive training available to
teachers.
[(5) Obtaining technical assistance.
[(6) Coordination of the design and connectivity of
telecommunications networks to reach the greatest
number of schools.
[(b) Duration and Amount.--
[(1) In general.--A grant under this section may not
exceed--
[(A) 5 years in duration (subject to
subsection (c)); and
[(B) $10,000,000 in any single fiscal year.
[(c) Renewal.--
[(1) In general.--Grants awarded under subsection (a)
may be renewed for a single additional period of 3
years.
[(2) Continuing Eligibility.--In order to be eligible
to receive a grant renewal under this subsection, a
grant recipient shall demonstrate, to the satisfaction
of the Secretary, in an addendum to its application
submitted under section 5474, that the grant recipient
will--
[(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this subpart for the
previous grant period; and
[(B) use all grant funds received under this
subpart for the 3 year renewal 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.
[(3) Supplement, not supplant.--Grant funds received
under this subsection shall be used to supplement, and
not supplant, services provided by the grant recipient
under this subpart in the previous fiscal year.
[(d) Reservations.--
[(1) Instructional programming.--At least 25 percent
of the funds made available to the Secretary for any
fiscal year under this subpart shall be used for the
cost of instructional programming.
[(2) Local educational agency assistance.--At least
50 percent of the funds available in any fiscal year
under this subpart shall be used for the cost of
facilities, equipment, teacher training or retraining,
technical assistance, or programming, for local
educational agencies that are eligible to receive
assistance under part A of title I.
[(e) Federal Share.--
[(1) Amount.--The Federal share of the cost of
projects funded under this section shall not exceed the
following amounts:
[(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this
subpart.
[(B) 60 percent for the third and fourth such
years.
[(C) 50 percent for the fifth such year.
[(2) Reduction or waiver.--The Secretary may reduce
or waive the corresponding non-Federal share under
paragraph (1) upon a showing of financial hardship.
[(f) Required local educational agency participation.--The
Secretary is authorized to make a grant under this section to
any eligible entity, if at least one local educational agency
is participating in the proposed program.
[(g) Assistance Obtaining Satellite Time.--The Secretary may
assist recipients of grants made under this section in
acquiring satellite time, where appropriate, as economically as
possible.
[SEC. 5474. APPLICATIONS.
[(a) Submission.--Each eligible entity that desires to
receive a grant under section 5473 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) Contents.--An application submitted under subsection (a)
shall include each of the following:
[(1) A description of how the proposed program will
assist all students to have an opportunity to meet
challenging State academic achievement standards, how
such program will assist State and local educational
reform efforts, and how such program will contribute to
creating a high-quality system of educational
development.
[(2) A description of 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, a description of the types
of programming that will be developed to enhance
instruction and training and provide an assurance 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) A description of 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) A description of 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) A description of 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 subpart.
[(7) A description of how existing telecommunications
equipment, facilities, and services, where available,
will be used.
[(8) An assurance 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) An assurance that a significant portion of any
facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary schools 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) An assurance that the applicant will use the
funds provided under this subpart to supplement, and
not supplant, funds available for the purposes of this
subpart.
[(11) A description of how funds received under this
subpart will be coordinated with funds received for
educational technology in the classroom.
[(12) A description of 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 models of exemplary academic
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) A description of how the proposed program as a
whole will be financed and how arrangements for future
financing will be developed before the program expires.
[(14) An assurance that a significant portion of any
facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary schools 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) An assurance that the applicant will provide
such information and cooperate in any evaluation that
the Secretary may conduct under this subpart.
[(16) Such additional assurances as the Secretary may
reasonably require.
[(c) Approval.--In approving applications submitted under
subsection (a) for grants under section 5473, the Secretary
shall--
[(1) to the extent feasible, ensure an equitable
geographic distribution of services provided under this
subpart.
[(2) give priority to applications describing
programs that--
[(A) propose high-quality plans, will provide
instruction consistent with State academic
content standards, or will otherwise provide
significant and specific assistance to States
and local educational agencies undertaking
systemic education reform;
[(B) will provide services to programs
serving adults, especially parents, with low
levels of literacy;
[(C) will serve schools with significant
numbers of children counted for the purposes of
part A of title I;
[(D) ensure that the eligible entity will--
[(i) 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;
[(ii) 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;
[(iii) provide a comprehensive range
of courses for educators to teach
instructional strategies for students
with different skill levels;
[(iv) provide training to
participating educators in ways to
integrate telecommunications courses
into existing school curriculum;
[(v) provide instruction for
students, teachers, and parents;
[(vi) serve a multistate area; and
[(vii) give priority to the provision
of equipment and linkages to isolated
areas; and
[(E) 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.
[SEC. 5475. OTHER GRANT ASSISTANCE.
[(a) Special Statewide Network.--
[(1) In general.--The Secretary, in conjunction with
the Office of Educational Technology, may provide
assistance to a statewide telecommunications network 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) Matching 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 is authorized to
provide assistance, on a competitive basis, to a local
educational agency, or a consortium of such agencies,
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 schools 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) 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
develop and operate one or more programs that provide
online 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
subsection shall be designed to advance adult literacy,
secondary school completion, and the acquisition of
specified competency by the end of the 12th grade.
[(2) Applications.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Secretary. The application shall include each of
the following:
[(A) A demonstration 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) An assurance 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) To the extent feasible, materials
developed in the Federal departments and
agencies and under appropriate federally funded
programs.
[(D) An assurance that the applicant has the
technological and substantive experience to
carry out the program.
[(E) Such additional assurances as the
Secretary may reasonably require.
[SEC. 5476. ADMINISTRATIVE PROVISIONS.
[(a) Leadership, Evaluation, and Peer Review.--
[(1) Reservation of funds.--The Secretary may reserve
not more than 5 percent of the amount made available to
carry out this subpart for a fiscal year for national
leadership, evaluation, and peer review activities,
which the Secretary may carry out directly or through
grants, contracts, and cooperative agreements.
[(2) Leadership.--Funds reserved for leadership
activities under paragraph (1) may be used for--
[(A) disseminating information, including
lists and descriptions of services available
from grant recipients under this subpart; and
[(B) other activities designed to enhance the
quality of distance learning activities
nationwide.
[(3) Evaluation.--Funds reserved for evaluation
activities under paragraph (1) may be used to conduct
independent evaluations of the activities assisted
under this subpart and of distance learning in general,
including--
[(A) analyses of distance learning efforts
(including such efforts that are, or are not,
assisted under this subpart); and
[(B) comparisons of the effects (including
student outcomes) of different technologies in
distance learning efforts.
[(4) Peer review.--Funds reserved for peer review
activities under paragraph (1) may be used for peer
review of--
[(A) applications for grants under this
subpart; and
[(B) activities assisted under this subpart.
[(b) 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 subpart with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
[(c) Funds From Other Agencies.--The Secretary may accept
funds from other Federal departments or agencies to carry out
the purposes of this subpart, including funds for the purchase
of equipment.
[(d) Availability of Funds.--Funds made available to carry
out this subpart shall remain available until expended.
[(e) Closed Captioning and Descriptive Video.--The Secretary
shall encourage each entity receiving funds under this subpart
to provide--
[(1) closed captioning of the verbal content of the
entity's programming, as appropriate; and
[(2) descriptive video of the visual content of the
entity's programming, as appropriate.
[SEC. 5477. DEFINITIONS.
In this subpart:
[(1) Educational institution.--The term ``educational
institution'' means an institution of higher education,
a local educational agency, or a State educational
agency.
[(2) Eligible entity.--The term ``eligible entity''
includes any of the following that is organized on a
Statewide or multistate basis:
[(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 schools and secondary
schools that are eligible to participate in the
program under part A of title I.
[(B) A partnership that will provide
telecommunications services and that includes
three or more of the following entities, at
least one of which shall be an agency described
in clause (i) or (ii):
[(i) A local educational agency that
serves a significant number of
elementary schools and secondary
schools that are eligible for
assistance under part A of title I, or
elementary schools and secondary
schools operated or funded for Indian
children by the Department of the
Interior eligible under section
1121(d)(1)(A).
[(ii) A State educational agency.
[(iii) An adult and family education
program.
[(iv) An institution of higher
education or a State higher education
agency (as that term is defined in
section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003)).
[(v) A teacher training center or
academy that--
[(I) provides teacher
preservice and inservice
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.
[(vii) A public or private elementary
school or secondary school.
[(3) Instructional programming.--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.
[(4) Public broadcasting entity.--The term ``public
broadcasting entity'' has the same meaning given such
term in section 397 of the Communications Act of 1934
(47 U.S.C. 397).
[Subpart 8--Ready to Teach
[SEC. 5481. GRANTS.
[(a) In General.--The Secretary is authorized to award grants
to a nonprofit telecommunications entity, or partnership of
such entities, for the purpose of carrying out a national
telecommunications-based program to improve teaching in core
curriculum areas. The program shall be designed to assist
elementary school and secondary school teachers in preparing
all students to achieve challenging State academic content and
student academic achievement standards in core curriculum
areas.
[(b) Digital Educational Programming.--The Secretary is
authorized to award grants, as provided for in section 5484, to
eligible entities described in subsection (b) of such section,
to enable such entities to develop, produce, and distribute
innovative educational and instructional video programming that
is designed for use by elementary schools and secondary schools
and based on challenging State academic content and student
academic achievement standards. In awarding such grants, the
Secretary shall ensure that eligible entities enter into
multiyear content development collaborative arrangements with
State educational agencies, local educational agencies,
institutions of higher education, businesses, or other agencies
or organizations.
[SEC. 5482. APPLICATION REQUIRED.
[(a) General Application.--
[(1) In general.--To be eligible to receive a grant
under section 5481(a), a nonprofit telecommunications
entity, or partnership of such entities shall submit an
application to the Secretary. Each such application
shall--
[(A) demonstrate that the applicant will use
the public broadcasting infrastructure, the
Internet, and school digital networks, where
available, to deliver video and data in an
integrated service to train teachers in the use
of materials and learning technologies for
achieving challenging State academic content
and student academic achievement standards;
[(B) ensure that the project for which
assistance is sought will be conducted in
cooperation with appropriate State educational
agencies, local educational agencies, and State
or local nonprofit public telecommunications
entities;
[(C) ensure that a significant portion of the
benefits available for elementary schools and
secondary schools from the project for which
assistance is sought will be available to
schools of local educational agencies that 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.
[(2) Sites.--In approving applications under
paragraph (1), the Secretary shall ensure that the
program authorized by section 5481(a) is conducted at
elementary school and secondary school sites throughout
the United States.
[(b) Programming Application.--To be eligible to receive a
grant under section 5481(b), an entity 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. 5483. REPORTS AND EVALUATION.
[An entity receiving a grant under section 5481(a) shall
prepare and submit to the Secretary an annual report that
contains such information as the Secretary may require. At a
minimum, such report shall describe the program activities
undertaken with funds received under the grant, including--
[(1) the core curriculum areas for which program
activities have been undertaken and the number of
teachers using the program in each core curriculum
area; and
[(2) the States in which teachers using the program
are located.
[SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS.
[(a) Grants.--The Secretary is authorized to award grants
under section 5481(b) to eligible entities to facilitate the
development of educational programming that shall--
[(1) include student assessment tools to provide
feedback on student academic achievement;
[(2) include built-in teacher utilization and support
components to ensure that teachers understand and can
easily use the content of the programming with group
instruction or for individual student use;
[(3) be created for, or adaptable to, challenging
State academic content standards and student academic
achievement standards; and
[(4) be capable of distribution through digital
broadcasting and school digital networks.
[(b) Eligible Entities.--To be eligible to receive a grant
under section 5481(b), an entity shall be a local public
telecommunications entity, as defined in section 397(12) of the
Communications Act of 1934, that is able to demonstrate a
capacity for the development and distribution of educational
and instructional television programming of high quality.
[(c) Competitive Basis.--Grants under section 5481(b) shall
be awarded on a competitive basis as determined by the
Secretary.
[(d) Matching Requirement.--To be eligible to receive a grant
under section 5481(b), an entity shall contribute to the
activities assisted under such grant non-Federal matching funds
in an amount equal to not less than 100 percent of the amount
of the grant. Such matching funds may include funds provided
for the transition to digital broadcasting, as well as in-kind
contributions.
[(e) Duration.--A grant under section 5481(b) shall be
awarded for a period of 3 years in order to provide a
sufficient period of time for the creation of a substantial
body of significant content.
[SEC. 5485. ADMINISTRATIVE COSTS.
[An entity that receives a grant under this subpart may not
use more than 5 percent of the amount received under the grant
for administrative costs.
[Subpart 9--Foreign Language Assistance Program
[SEC. 5491. SHORT TITLE.
[This subpart may be cited as the ``Foreign Language
Assistance Act of 2001''.
[SEC. 5492. PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--The Secretary is authorized to make
grants, on a competitive basis, to State educational
agencies or local educational agencies to pay the
Federal share of the cost of innovative model programs
providing for the establishment, improvement, or
expansion of foreign language study for elementary
school and secondary school students.
[(2) Duration.--Each grant under paragraph (1) shall
be awarded for a period of 3 years.
[(b) Requirements.--
[(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
[(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
[(A) show the promise of being continued
beyond the grant period;
[(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
[(C) may include a professional development
component.
[(c) Federal Share.--
[(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
[(2) Waiver.--Notwithstanding paragraph (1), the
Secretary may determine the Federal share for any local
educational agency which the Secretary determines does
not have adequate resources to pay the non-Federal
share of the cost of the activities assisted under this
subpart.
[(d) Special rule.--Not less than \3/4\ of the funds made
available under section 5401 to carry out this subpart shall be
used for the expansion of foreign language learning in the
elementary grades.
[(e) Reservation.--The Secretary may reserve not more than 5
percent of funds made available under section 5401 to carry out
this subpart for a fiscal year to evaluate the efficacy of
programs assisted under this subpart.
[SEC. 5493. APPLICATIONS.
[(a) In General.--Any State educational agency or local
educational agency desiring a grant under this subpart shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
[(b) Special Consideration.--The Secretary shall give special
consideration to applications describing programs that--
[(1) include intensive summer foreign language
programs for professional development;
[(2) link nonnative English speakers in the community
with the schools in order to promote two-way language
learning;
[(3) promote the sequential study of a foreign
language for students, beginning in elementary schools;
[(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
[(5) promote innovative activities, such as foreign
language immersion, partial foreign language immersion,
or content-based instruction; and
[(6) are carried out through a consortium comprised
of the agency receiving the grant and an elementary
school or secondary school.
[SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
[(a) Incentive Payments.--From amounts made available under
section 5401 to carry out this subpart, the Secretary shall
make an incentive payment for each fiscal year to each public
elementary school that provides to students attending such
school a program designed to lead to communicative competency
in a foreign language.
[(b) Amount.--The Secretary shall determine the amount of the
incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
[(c) Requirement.--The Secretary shall consider a program to
be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language for not fewer than 4 days per week throughout an
academic year.
[Subpart 10--Physical Education
[SEC. 5501. SHORT TITLE.
[This subpart may be cited as the ``Carol M. White Physical
Education Program''.
[SEC. 5502. PURPOSE.
[The purpose of this subpart is to award grants and contracts
to initiate, expand, and improve physical education programs
for all kindergarten through 12th-grade students.
[SEC. 5503. PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award
grants to local educational agencies and community-based
organizations (such as Boys and Girls Clubs, Boy Scouts and
Girl Scouts, and the Young Men's Christian Organization (YMCA)
and Young Women's Christian Organization (YWCA)) to pay the
Federal share of the costs of initiating, expanding, and
improving physical education programs (including after-school
programs) for kindergarten through 12th-grade students by--
[(1) providing equipment and support to enable
students to participate actively in physical education
activities; and
[(2) providing funds for staff and teacher training
and education.
[(b) Program Elements.--A physical education program funded
under this subpart may provide for one or more of the
following:
[(1) Fitness education and assessment to help
students understand, improve, or maintain their
physical well-being.
[(2) Instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
student.
[(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that
support a lifelong healthy lifestyle.
[(4) Opportunities to develop positive social and
cooperative skills through physical activity
participation.
[(5) Instruction in healthy eating habits and good
nutrition.
[(6) Opportunities for professional development for
teachers of physical education to stay abreast of the
latest research, issues, and trends in the field of
physical education.
[(c) Special Rule.--For the purpose of this subpart,
extracurricular activities, such as team sports and Reserve
Officers' Training Corps (ROTC) program activities, shall not
be considered as part of the curriculum of a physical education
program assisted under this subpart.
[SEC. 5504. APPLICATIONS.
[(a) Submission.--Each local educational agency or community-
based organization desiring a grant or contract under this
subpart shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
[(b) Private School and Home-Schooled Students.--An
application for funds under this subpart may provide for the
participation, in the activities funded under this subpart,
of--
[(1) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
[(2) home-schooled students, and their parents and
teachers.
[SEC. 5505. REQUIREMENTS.
[(a) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant or
contract under this subpart, the administrator of the grant or
contract for the local educational agency or community-based
organization shall submit to the Secretary an annual report
that--
[(1) describes the activities conducted during the
preceding year; and
[(2) demonstrates that progress has been made toward
meeting State standards for physical education.
[(b) Administrative Expenses.--Not more than 5 percent of the
grant funds made available to a local educational agency or
community-based organization under this subpart for any fiscal
year may be used for administrative expenses.
[SEC. 5506. ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share under this subpart may
not exceed--
[(1) 90 percent of the total cost of a program for
the first year for which the program receives
assistance under this subpart; and
[(2) 75 percent of such cost for the second and each
subsequent such year.
[(b) Proportionality.--To the extent practicable, the
Secretary shall ensure that grants awarded under this subpart
shall be equitably distributed among local educational agencies
and community-based organizations serving urban and rural
areas.
[(c) Report to Congress.--Not later than June 1, 2003, the
Secretary shall submit a report to Congress that--
[(1) describes the programs assisted under this
subpart;
[(2) documents the success of such programs in
improving physical fitness; and
[(3) makes such recommendations as the Secretary
determines appropriate for the continuation and
improvement of the programs assisted under this
subpart.
[(d) Availability of Funds.--Amounts made available to the
Secretary to carry out this subpart shall remain available
until expended.
[SEC. 5507. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or
local funds available for physical education activities.
[Subpart 11--Community Technology Centers
[SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.
[(a) Purpose.--It is the purpose of this subpart to assist
eligible applicants--
[(1) to create or expand community technology centers
that will provide disadvantaged residents of
economically distressed urban and rural communities
with access to information technology and related
training; and
[(2) to provide technical assistance and support to
community technology centers.
[(b) Program Authorization.--The Secretary is authorized, in
conjunction with the Office of Educational Technology, to award
grants, contracts, or cooperative agreements, on a competitive
basis, for a period of not more than 3 years, to eligible
applicants in order to assist such applicants in--
[(1) creating or expanding community technology
centers; or
[(2) providing technical assistance and support to
community technology centers.
[(3) Service of americorps participants.--The
Secretary may collaborate with the Chief Executive
Officer of the Corporation for National and Community
Service on the use in community technology centers of
participants in National Service programs carried out
under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.).
[SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.
[(a) Eligible Applicants.--In order to be eligible to receive
an award under this subpart, an applicant shall--
[(1) be an entity (such as a foundation, museum,
library, for-profit business, public or private
nonprofit organization, or community-based
organization), an institution of higher education, a
State educational agency, a local education agency, or
a consortium of such entities, institutions, or
agencies; and
[(2) have the capacity to significantly expand access
to computers and related services for disadvantaged
residents of economically distressed urban and rural
communities (who would otherwise be denied such
access).
[(b) Application Requirements.--In order to receive an award
under this subpart, an eligible applicant shall submit an
application to the Secretary at such time, and containing such
information, as the Secretary may require. The application
shall include each of the following:
[(1) A description of the proposed project, including
a description of the magnitude of the need for the
services and how the project would expand access to
information technology and related services to
disadvantaged residents of an economically distressed
urban or rural community.
[(2) A demonstration of--
[(A) the commitment, including the financial
commitment, of entities (such as institutions,
organizations, business and other groups in the
community) that will provide support for the
creation, expansion, and continuation of the
proposed project; and
[(B) the extent to which the proposed project
coordinates with other appropriate agencies,
efforts, and organizations providing services
to disadvantaged residents of an economically
distressed urban or rural community.
[(3) A description of how the proposed project would
be sustained once the Federal funds awarded under this
subpart end.
[(4) A plan for the evaluation of the program, which
shall include benchmarks to monitor progress toward
specific project objectives.
[(c) Matching Requirements.--The Federal share of the cost of
any project funded under this subpart shall not exceed 50
percent. The non-Federal share of such project may be in cash
or in kind, fairly evaluated, including services.
[SEC. 5513. USES OF FUNDS.
[(a) Required Uses.--A recipient shall use funds under this
subpart for--
[(1) creating or expanding community technology
centers that expand access to information technology
and related training for disadvantaged residents of
distressed urban or rural communities; and
[(2) evaluating the effectiveness of the project.
[(b) Permissible Uses.--A recipient may use funds under this
subpart for activities, described in its application, that
carry out the purposes of this subpart, such as--
[(1) supporting a center coordinator, and staff, to
supervise instruction and build community partnerships;
[(2) acquiring equipment, networking capabilities,
and infrastructure to carry out the project; and
[(3) developing and providing services and activities
for community residents that provide access to
computers, information technology, and the use of such
technology in support of preschool preparation,
academic achievement, educational development, and
workforce development, such as the following:
[(A) After-school activities in which
children and youths use software that provides
academic enrichment and assistance with
homework, develop their technical skills,
explore the Internet, and participate in
multimedia activities, including web page
design and creation.
[(B) Adult education and family literacy
activities through technology and the Internet,
including--
[(i) General Education Development,
Language Instruction Educational
Programs, and adult basic education
classes or programs;
[(ii) introduction to computers;
[(iii) intergenerational activities;
and
[(iv) educational development
opportunities.
[(C) Career development and job preparation
activities, such as--
[(i) training in basic and advanced
computer skills;
[(ii) resume writing workshops; and
[(iii) access to databases of
employment opportunities, career
information, and other online
materials.
[(D) Small business activities, such as--
[(i) computer-based training for
basic entrepreneurial skills and
electronic commerce; and
[(ii) access to information on
business start-up programs that is
available online, or from other
sources.
[(E) Activities that provide home access to
computers and technology, such as assistance
and services to promote the acquisition,
installation, and use of information technology
in the home through low-cost solutions such as
networked computers, web-based television
devices, and other technology.
[Subpart 12--Educational, Cultural, Apprenticeship, and Exchange
Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts
[SEC. 5521. SHORT TITLE.
[This subpart may be cited as the ``Alaska Native and Native
Hawaiian Education Through Cultural and Historical
Organizations Act''.
[SEC. 5522. FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds the following:
[(1) Alaska Natives and Native Hawaiians have been
linked for over 200 years to the coastal towns of
Salem, Massachusetts, and New Bedford, Massachusetts,
through the China trade from Salem and whaling voyages
from New Bedford.
[(2) Nineteenth-century trading ships sailed from
Salem, Massachusetts, around Cape Horn of South
America, and up the Northwest coast of the United
States to Alaska, where their crews traded with Alaska
Native people for furs, and then went on to Hawaii to
trade for sandalwood with Native Hawaiians before going
on to China.
[(3) During the 19th century, over 2,000 whaling
voyages sailed out of New Bedford, Massachusetts to the
Arctic region of Alaska, and joined Alaska Natives from
Barrow, Alaska and other areas in the Arctic region in
subsistence whaling activities.
[(4) Many New Bedford whaling voyages continued on to
Hawaii, where they joined Native Hawaiians from the
neighboring islands.
[(5) From those commercial and whaling voyages, a
rich cultural exchange and strong trading relationships
developed among the three peoples involved.
[(6) In the past decades, awareness of the historical
trading, cultural, and whaling links has faded among
Alaska Natives, Native Hawaiians, and the people of the
continental United States.
[(7) In 2000, the Alaska Native Heritage Center in
Alaska, the Bishop Museum in Hawaii, and the Peabody-
Essex Museum in Massachusetts initiated the New Trade
Winds project to use 21st-century technology, including
the Internet, to educate students and their parents
about historic and contemporary cultural and trading
ties that continue to link the diverse cultures of the
peoples involved.
[(8) The New Bedford Whaling Museum, in partnership
with the New Bedford Whaling National Historical Park,
has developed a cultural exchange and educational
program with the Inupiat Heritage Center in Barrow,
Alaska to bring together the children, parents, and
elders from the Arctic region of Alaska with children
and families of Massachusetts to learn about their
historical ties and about each other's contemporary
cultures.
[(9) Within the fast-growing cultural sector,
meaningful educational and career opportunities based
on traditional relationships exist for Alaska Natives,
Native Hawaiians, and low-income youth in
Massachusetts.
[(10) Cultural institutions can provide practical,
culturally relevant, education-related internship and
apprentice programs, such as the Museum Action Corps at
the Peabody-Essex Museum and similar programs at the
New Bedford Oceanarium and other institutions, to
prepare youths and their families for careers in the
cultural sector.
[(11) The resources of the institutions described in
paragraphs (7) and (8) provide unique opportunities for
illustrating and interpreting the contributions of
Alaska Natives, Native Hawaiians, the whaling industry,
and the China trade to the economic, social, and
environmental history of the United States, for
educating students and their parents, and for providing
opportunities for internships and apprenticeships
leading to careers with cultural institutions.
[(b) Purposes.--The purposes of this subpart are the
following:
[(1) To authorize and develop innovative culturally-
based educational programs and cultural exchanges to
assist Alaska Natives, Native Hawaiians, and children
and families of Massachusetts linked by history and
tradition to Alaska and Hawaii to learn about shared
culture and traditions.
[(2) To authorize and develop internship and
apprentice programs to assist Alaska Natives, Native
Hawaiians, and children and families of Massachusetts
linked by history and tradition with Alaska and Hawaii
to prepare for careers with cultural institutions.
[(3) To supplement programs and authorities in the
area of education to further the objectives of this
subpart.
[(4) To authorize and develop cultural and
educational programs relating to any Federally
recognized Indian tribe in Mississippi.
[SEC. 5523. PROGRAM AUTHORIZATION.
[(a) Grants and Contracts.--In order to carry out programs
that fulfill the purposes of this subpart, the Secretary is
authorized to make grants to, or enter into contracts with, the
following:
[(1) The Alaska Native Heritage Center in Anchorage,
Alaska.
[(2) The Inupiat Heritage Center in Barrow, Alaska.
[(3) The Bishop Museum in Hawaii.
[(4) The Peabody-Essex Museum in Salem,
Massachusetts.
[(5) The New Bedford Whaling Museum and the New
Bedford Oceanarium in New Bedford, Massachusetts.
[(6) The Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.
[(7) Other Alaska Native and Native Hawaiian cultural
and educational organizations.
[(8) Cultural and educational organizations with
experience in developing or operating programs that
illustrate and interpret the contributions of Alaska
Natives, Native Hawaiians, the whaling industry, and
the China trade to the economic, social, and
environmental history of the United States.
[(9) Consortia of the organizations and entities
described in this subsection.
[(b) Uses of Funds.--Activities provided through programs
carried out under this subpart may include one or more of the
following:
[(1) Development and implementation of educational
programs to increase understanding of cultural
diversity and multicultural communication among Alaska
Natives, Native Hawaiians, and the people of the
continental United States, based on historic patterns
of trading and commerce.
[(2) Development and implementation of programs using
modern technology, including the Internet, to educate
students, their parents, and teachers about historic
and contemporary cultural and trading ties that
continue to link the diverse cultures of Alaska
Natives, Native Hawaiians, and the people of
Massachusetts.
[(3) Cultural exchanges of elders, students, parents,
and teachers among Alaska Natives, Native Hawaiians,
and the people of Massachusetts to increase awareness
of diverse cultures among each group.
[(4) Sharing of collections among cultural
institutions designed to increase awareness of diverse
cultures and links among them.
[(5) Development and implementation of internship and
apprentice programs in cultural institutions to train
Alaska Natives, Native Hawaiians, and low-income
students in Massachusetts for careers with cultural
institutions.
[(6) Other activities, consistent with the purposes
of this subpart, to meet the educational needs of
Alaska Natives, Native Hawaiians, and students and
their parents in Massachusetts.
[(7) Cultural and educational programs relating to
any Federally recognized Indian tribe in Mississippi.
[SEC. 5524. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
subpart, and no contract may be entered into under this
subpart, unless the entity seeking the grant or contract
submits an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
determine to be necessary to carry out the provisions of this
subpart.
[(b) Local Educational Agency Coordination.--Each applicant
for a grant or contract under this subpart shall inform each
local educational agency serving students who will participate
in the program to be carried out under the grant or contract
about the application.
[SEC. 5525. AVAILABILITY OF FUNDS.
If sufficient funds are made available under section 5401 to
carry out this subpart for a fiscal year, the Secretary shall
make available, to support activities described in section
5523(b), the following amounts:
[(1) Not less than $2,000,000 each to--
[(A) the New Bedford Whaling Museum, in
partnership with the New Bedford Oceanarium, in
Massachusetts;
[(B) the Inupiat Heritage Center in Alaska;
and
[(C) the Mississippi Band of Choctaw Indians
in Choctaw, Mississippi.
[(2) For the New Trade Winds project, not less than
$1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[(3) For internship and apprenticeship programs
(including the Museum Action Corps of the Peabody-Essex
Museum), not less than $1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[SEC. 5526. DEFINITIONS.
In this subpart:
[(1) Alaska native.--The term ``Alaska Native'' has
the meaning given that term in section 7306.
[(2) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given that term in section 7207.
[Subpart 13--Excellence in Economic Education
[SEC. 5531. SHORT TITLE.
[This subpart may be cited as the ``Excellence in Economic
Education Act of 2001''.
[SEC. 5532. PURPOSE AND GOALS.
[(a) Purpose.--The purpose of this subpart is to promote
economic and financial literacy among all students in
kindergarten through grade 12 by awarding a competitive grant
to a national nonprofit educational organization that has as
its primary purpose the improvement of the quality of student
understanding of personal finance and economics.
[(b) Objectives.--The objectives of this subpart are the
following:
[(1) To increase students' knowledge of, and
achievement in, economics to enable the students to
become more productive and informed citizens.
[(2) To strengthen teachers' understanding of, and
competency in, economics to enable the teachers to
increase student mastery of economic principles and the
practical application of those principles.
[(3) To encourage economic education research and
development, to disseminate effective instructional
materials, and to promote replication of best practices
and exemplary programs that foster economic literacy.
[(4) To assist States in measuring the impact of
education in economics.
[(5) To leverage and expand private and public
support for economic education partnerships at
national, State, and local levels.
[SEC. 5533. GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award a
competitive grant to a national nonprofit educational
organization that has as its primary purpose the improvement of
the quality of student understanding of personal finance and
economics through effective teaching of economics in the
Nation's classrooms (referred to in this subpart as the
``grantee'').
[(b) Uses of Funds.--
[(1) Direct activities.--The grantee shall use 25
percent of the funds made available through the grant
for a fiscal year--
[(A) to strengthen and expand the grantee's
relationships with State and local personal
finance, entrepreneurial, and economic
education organizations;
[(B) to support and promote training of
teachers who teach a grade from kindergarten
through grade 12 regarding economics, including
the dissemination of information on effective
practices and research findings regarding the
teaching of economics;
[(C) to support research on effective
teaching practices and the development of
assessment instruments to document student
understanding of personal finance and
economics; and
[(D) to develop and disseminate appropriate
materials to foster economic literacy.
[(2) Subgrants.--The grantee shall use 75 percent of
the funds made available through the grant for a fiscal
year to award subgrants to State educational agencies
or local educational agencies, and State or local
economic, personal finance, or entrepreneurial
education organizations (referred to in this section as
the ``recipient''). The grantee shall award such a
subgrant to pay for the Federal share of the cost of
enabling the recipient to work in partnership with one
or more of the entities described in paragraph (3) for
one or more of the following purposes:
[(A) Collaboratively establishing and
conducting teacher training programs that use
effective and innovative approaches to the
teaching of economics, personal finance, and
entrepreneurship.
[(B) Providing resources to school districts
that desire to incorporate economics and
personal finance into the curricula of the
schools in the districts.
[(C) Conducting evaluations of the impact of
economic and financial literacy education on
students.
[(D) Conducting economic and financial
literacy education research.
[(E) Creating and conducting school-based
student activities to promote consumer,
economic, and personal finance education (such
as saving, investing, and entrepreneurial
education) and to encourage awareness and
student academic achievement in economics.
[(F) Encouraging replication of best
practices to promote economic and financial
literacy.
[(3) Partnership entities.--The entities described in
this paragraph are the following:
[(A) A private sector entity.
[(B) A State educational agency.
[(C) A local educational agency.
[(D) An institution of higher education.
[(E) An organization promoting economic
development.
[(F) An organization promoting educational
excellence.
[(G) An organization promoting personal
finance or entrepreneurial education.
[SEC. 5534. APPLICATIONS.
[(a) Grantee Applications.--To be eligible to receive a grant
under this subpart, the grantee shall submit to the Secretary
an application at such time, in such manner, and accompanied by
such information as the Secretary may require.
[(b) Recipient Applications.--
[(1) Submission.--To be eligible to receive a
subgrant under this section, a recipient shall submit
an application to the grantee at such time, in such
manner, and accompanied by such information as the
grantee may require.
[(2) Review.--The grantee shall invite the
individuals described in paragraph (3) to review all
applications from recipients for a subgrant under this
section and to make recommendations to the grantee
regarding the approval of the applications.
[(3) Reviewers.--The individuals described in this
paragraph are the following:
[(i) Leaders in the fields of
economics and education.
[(ii) Such other individuals as the
grantee determines to be necessary,
especially members of the State and
local business, banking, and finance
communities.
[SEC. 5535. REQUIREMENTS.
[(a) Administrative Costs.--The grantee and each recipient
receiving a subgrant under this subpart for a fiscal year may
use not more than 5 percent of the funds made available through
the grant or subgrant for administrative costs.
[(b) Teacher Training Programs.--In carrying out the teacher
training programs described in section 5533(b)(2)(A), a
recipient shall--
[(1) train teachers who teach a grade from
kindergarten through grade 12; and
[(2) encourage teachers from disciplines other than
economics and financial literacy to participate in such
teacher training programs, if the training will promote
the economic and financial literacy of those teachers'
students.
[(c) Involvement of Business Community.--In carrying out the
activities assisted under this subpart, the grantee and
recipients are strongly encouraged to--
[(1) include interactions with the local business
community to the fullest extent possible to reinforce
the connection between economic and financial literacy
and economic development; and
[(2) work with private businesses to obtain matching
contributions for Federal funds and assist recipients
in working toward self-sufficiency.
[(d) Additional Requirements and Technical Assistance.--The
grantee shall--
[(1) meet such other requirements as the Secretary
determines to be necessary to assure compliance with
this section; and
[(2) receive from the Secretary such technical
assistance as may be necessary to carry out this
section.
[SEC. 5536. ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share of the cost described
in section 5533(b)(2) shall be 50 percent.
[(b) Payment of Non-Federal Share.--The non-Federal share may
be paid in cash or in kind (fairly evaluated, including plant,
equipment, or services).
[(c) Reports to Congress.--Not later than 2 years after the
date funds are first made available to carry out this subpart,
and every 2 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report regarding
activities assisted under this subpart.
[SEC. 5537. SUPPLEMENT, NOT SUPPLANT.
[Funds made available to carry out this subpart shall be used
to supplement, and not supplant, other Federal, State, and
local funds expended for the purpose described in section
5532(a).
[Subpart 14--Grants to Improve the Mental Health of Children
[SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH
SYSTEMS.
[(a) Authorization.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, State educational agencies, local educational agencies,
or Indian tribes, for the purpose of increasing student access
to quality mental health care by developing innovative programs
to link local school systems with the local mental health
system.
[(b) Duration.--With respect to a grant, contract, or
cooperative agreement awarded or entered into under this
section, the period during which payments under such grant,
contract or agreement are made to the recipient may not exceed
5 years.
[(c) Use of Funds.--A State educational agency, local
educational agency, or Indian tribe that receives a grant,
contract, or cooperative agreement under this section shall use
amounts made available through such grant, contract, or
cooperative agreement for the following:
[(1) To enhance, improve, or develop collaborative
efforts between school-based service systems and mental
health service systems to provide, enhance, or improve
prevention, diagnosis, and treatment services to
students.
[(2) To enhance the availability of crisis
intervention services, appropriate referrals for
students potentially in need of mental health services,
and ongoing mental health services.
[(3) To provide training for the school personnel and
mental health professionals who will participate in the
program carried out under this section.
[(4) To provide technical assistance and consultation
to school systems and mental health agencies and
families participating in the program carried out under
this section.
[(5) To provide linguistically appropriate and
culturally competent services.
[(6) To evaluate the effectiveness of the program
carried out under this section in increasing student
access to quality mental health services, and make
recommendations to the Secretary about sustainability
of the program.
[(d) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, a State
educational agency, local educational agency, or Indian tribe
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require. The application shall include each of
the following:
[(1) A description of the program to be funded under
the grant, contract, or cooperative agreement.
[(2) A description of how such program will increase
access to quality mental health services for students.
[(3) A description of how the applicant will
establish a crisis intervention program to provide
immediate mental health services to the school
community when necessary.
[(4) An assurance that--
[(A) persons providing services under the
grant, contract, or cooperative agreement are
adequately trained to provide such services;
[(B) the services will be provided in
accordance with subsection (c);
[(C) teachers, principal administrators, and
other school personnel are aware of the
program; and
[(D) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(5) An explanation of how the applicant will support
and integrate existing school-based services with the
program to provide appropriate mental health services
for students.
[(6) An explanation of how the applicant will
establish a program that will support students and the
school in maintaining an environment conducive to
learning.
[(e) Interagency Agreements.--
[(1) Designation of lead agency.--The recipient of
each grant, contract, or cooperative agreement shall
designate a lead agency to direct the establishment of
an interagency agreement among local educational
agencies, juvenile justice authorities, mental health
agencies, and other relevant entities in the State, in
collaboration with local entities and parents and
guardians of students.
[(2) Contents.--The interagency agreement shall
ensure the provision of the services described in
subsection (c), specifying with respect to each agency,
authority, or entity--
[(A) the financial responsibility for the
services;
[(B) the conditions and terms of
responsibility for the services, including
quality, accountability, and coordination of
the services; and
[(C) the conditions and terms of
reimbursement among the agencies, authorities,
or entities that are parties to the interagency
agreement, including procedures for dispute
resolution.
[(f) Evaluation.--The Secretary shall evaluate each program
carried out by a State educational agency, local educational
agency, or Indian tribe under this section and shall
disseminate the findings with respect to each such evaluation
to appropriate public and private entities.
[(g) Distribution of Awards.--The Secretary shall ensure that
grants, contracts, and cooperative agreements awarded or
entered into under this section are equitably distributed among
the geographical regions of the United States and among urban,
suburban, and rural populations.
[(h) Rule of Construction.--Nothing in Federal law shall be
construed--
[(1) to prohibit an entity involved with a program
carried out under this section from reporting a crime
that is committed by a student to appropriate
authorities; or
[(2) to prevent State law enforcement and judicial
authorities from exercising their responsibilities with
regard to the application of Federal and State law to
crimes committed by a student.
[(i) Supplement, Not Supplant.--Any services provided through
programs carried out under this section must supplement, and
not supplant, existing mental health services, including any
services required to be provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
[SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY CHILDHOOD
EMOTIONAL AND SOCIAL DEVELOPMENT.
[(a) Authorization.--The Secretary, in consultation with the
Secretary of Health and Human Services, may award grants (to be
known as ``Foundations for Learning Grants'') to local
educational agencies, local councils, community-based
organizations, and other public or nonprofit private entities
to assist eligible children to become ready for school.
[(b) Applications.--To be eligible to receive a grant under
this section, a local educational agency, local council,
community-based organization, or other public or nonprofit
private entity, or a combination of such entities, shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require. The application shall include each of the
following:
[(1) A description of the population that the
applicant intends to serve and the types of services to
be provided under the grant.
[(2) A description of the manner in which services
under the grant will be coordinated with existing
similar services provided by public and nonprofit
private entities within the State.
[(3) An assurance that--
[(A) services under the grant shall be
provided by or under the supervision of
qualified professionals with expertise in early
childhood development;
[(B) such services shall be culturally
competent;
[(C) such services shall be provided in
accordance with subsection (c);
[(D) funds received under this section shall
be used to supplement, and not supplant, non-
Federal funds; and
[(E) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(c) Uses of Funds.--A local educational agency, local
council, community-based organization, or other public or
nonprofit private entity that receives funds under this section
may use such funds to benefit eligible children, for one or
more of the following:
[(1) To deliver services to eligible children and
their families that foster eligible children's
emotional, behavioral, and social development and take
into consideration the characteristics described in
subsection (f)(1).
[(2) To coordinate and facilitate access by eligible
children and their families to the services available
through community resources, including mental health,
physical health, substance abuse, educational, domestic
violence prevention, child welfare, and social
services.
[(3) To provide ancillary services such as
transportation or child care in order to facilitate the
delivery of any other services or activities authorized
by this section.
[(4) To develop or enhance early childhood community
partnerships and build toward a community system of
care that brings together child-serving agencies or
organizations to provide individualized supports for
eligible children and their families.
[(5) To evaluate the success of strategies and
services provided pursuant to this section in promoting
young children's successful entry to school and to
maintain data systems required for effective
evaluations.
[(6) To pay for the expenses of administering the
activities authorized under this section, including
assessment of children's eligibility for services.
[(d) Limitations.--
[(1) Services not otherwise funded.--A local
educational agency, local council, community-based
organization, or other public or nonprofit private
entity may use funds under this section only to pay for
services that cannot be paid for using other Federal,
State, or local public resources or through private
insurance.
[(2) Administrative expenses.--A grantee may not use
more than 3 percent of the amount of the grant to pay
the administrative expenses described in subsection
(c)(6).
[(e) Evaluations.--The Secretary shall directly evaluate, or
enter into a contract for an outside evaluation of, each
program carried out under this section and shall disseminate
the findings with respect to such evaluation to appropriate
public and private entities.
[(f) Definitions.--In this section:
[(1) Eligible child.--The term ``eligible child''
means a child who has not attained the age of 7 years,
and to whom two or more of the following
characteristics apply:
[(A) The child has been abused, maltreated,
or neglected.
[(B) The child has been exposed to violence.
[(C) The child has been homeless.
[(D) The child has been removed from child
care, Head Start, or preschool for behavioral
reasons or is at risk of being so removed.
[(E) The child has been exposed to parental
depression or other mental illness.
[(F) The family income with respect to the
child is below 200 percent of the poverty line.
[(G) The child has been exposed to parental
substance abuse.
[(H) The child has had early behavioral and
peer relationship problems.
[(I) The child had a low birth weight.
[(J) The child has a cognitive deficit or
developmental disability.
[(2) Local council.--The term ``local council'' means
a council that is established or designated by a local
government entity, Indian tribe, regional corporation,
or native Hawaiian entity, as appropriate, which is
composed of representatives of local agencies directly
affected by early learning programs, parents, key
community leaders, and other individuals concerned with
early learning issues in the locality, such as
elementary education, child care resource and referral
services, early learning opportunities, child care, and
health services.
[(3) Provider of early childhood services.--The term
``provider of early childhood services'' means a public
or private entity that has regular contact with young
children, including child welfare agencies, child care
providers, Head Start and Early Head Start providers,
preschools, kindergartens, libraries, mental health
professionals, family courts, homeless shelters, and
primary care providers.
[Subpart 15--Arts in Education
[SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.
[(a) Purposes.--The purposes of this subpart are the
following:
[(1) To support systemic education reform by
strengthening arts education as an integral part of the
elementary school and secondary school curriculum.
[(2) To help ensure that all students meet
challenging State academic content standards and
challenging State student academic achievement
standards in the arts.
[(3) To support the national effort to enable all
students to demonstrate competence in the arts.
[(b) Authority.--The Secretary is authorized to make grants
to, or enter into contracts or cooperative agreements with,
eligible entities described in subsection (c).
[(c) Eligible Entities.--The Secretary may make assistance
available under subsection (b) to each of the following
eligible entities:
[(1) State educational agencies.
[(2) Local educational agencies.
[(3) Institutions of higher education.
[(4) Museums or other cultural institutions.
[(5) Any other public or private agencies,
institutions, or organizations.
[(d) Use of Funds.--Assistance made available under this
subpart may be used for any of the following:
[(1) Research on arts education.
[(2) Planning, developing, acquiring, expanding,
improving, or disseminating information about model
school-based arts education programs.
[(3) The development of model State arts education
assessments based on State academic achievement
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 Federal
agencies or institutions involved in arts education,
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 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
school and secondary school curriculum.
[(10) Other activities that further the purposes of
this subpart.
[(e) Special Rule.--If the amount made available to the
Secretary to carry out this subpart for any fiscal year is
$15,000,000 or less, then such amount shall only be available
to carry out the activities described in paragraphs (7) and (8)
of subsection (d).
[(f) Conditions.--As conditions of receiving assistance made
available under this subpart, the Secretary shall require each
entity receiving such assistance--
[(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance
with appropriate activities of public or private
cultural agencies, institutions, and organizations,
including museums, arts education associations,
libraries, and theaters; and
[(2) to use such assistance only to supplement, and
not to supplant, any other assistance or funds made
available from non-Federal sources for the activities
assisted under this subpart.
[(g) Consultation.--In carrying out this subpart, the
Secretary shall consult with 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).]
* * * * * * *
[Subpart 17--Combatting Domestic Violence
[SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING
DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY
SCHOOL CHILDREN.
[(a) Definitions.--In this section:
[(1) Domestic violence.--The term ``domestic
violence'' has the meaning given that term in section
2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2).
[(2) Expert.--The term ``expert'' means--
[(A) an expert on domestic violence, sexual
assault, and child abuse from the educational,
legal, youth, mental health, substance abuse,
or victim advocacy field; and
[(B) a State or local domestic violence
coalition or community-based youth
organization.
[(3) Witness domestic violence.--
[(A) In general.--The term ``witness domestic
violence'' means to witness--
[(i) an act of domestic violence that
constitutes actual or attempted
physical assault; or
[(ii) a threat or other action that
places the victim in fear of domestic
violence.
[(B) Witness.--In subparagraph (A), the term
``witness'' means--
[(i) to directly observe an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action; or
[(ii) to be within earshot of an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action.
[(b) Grants Authorized.--
[(1) Authority.--The Secretary is authorized to award
grants to local educational agencies that work with
experts to enable the elementary schools and secondary
schools served by the local educational agency--
[(A) to provide training to school
administrators, faculty, and staff, with
respect to issues concerning children who
experience domestic violence in dating
relationships or who witness domestic violence,
and the impact of the violence on the children;
[(B) to provide educational programming for
students regarding domestic violence and the
impact of experiencing or witnessing domestic
violence on children;
[(C) to provide support services for students
and school personnel to develop and strengthen
effective prevention and intervention
strategies with respect to issues concerning
children who experience domestic violence in
dating relationships or who witness domestic
violence, and the impact of the violence on the
children; and
[(D) to develop and implement school system
policies regarding appropriate and safe
responses to, identification of, and referral
procedures for, students who are experiencing
or witnessing domestic violence.
[(2) Award basis.--The Secretary is authorized to
award grants under this section--
[(A) on a competitive basis; and
[(B) in a manner that ensures that such
grants are equitably distributed among local
educational agencies located in rural, urban,
and suburban areas.
[(3) Policy dissemination.--The Secretary shall
disseminate to local educational agencies any
Department policy guidance regarding the prevention of
domestic violence and the impact on children of
experiencing or witnessing domestic violence.
[(c) Uses of Funds.--Funds made available to carry out this
subpart may be used for one or more of the following purposes:
[(1) To provide training for elementary school and
secondary school administrators, faculty, and staff
that addresses issues concerning elementary school and
secondary school students who experience domestic
violence in dating relationships or who witness
domestic violence, and the impact of such violence on
those students.
[(2) To provide education programs for elementary
school and secondary school students that are
developmentally appropriate for the students' grade
levels and are designed to meet any unique cultural and
language needs of the particular student populations.
[(3) To develop and implement elementary school and
secondary school system policies regarding--
[(A) appropriate and safe responses to,
identification of, and referral procedures for,
students who are experiencing or witnessing
domestic violence; and
[(B) to develop and implement policies on
reporting and referral procedures for those
students.
[(4) To provide the necessary human resources to
respond to the needs of elementary school and secondary
school students and personnel who are faced with the
issue of domestic violence, such as a resource person
who is either on-site or on-call and who is an expert.
[(5) To provide media center materials and
educational materials to elementary schools and
secondary schools that address issues concerning
children who experience domestic violence in dating
relationships or who witness domestic violence, and the
impact of the violence on those children.
[(6) To conduct evaluations to assess the impact of
programs and policies assisted under this subpart in
order to enhance the development of the programs.
[(d) Confidentiality.--Policies, programs, training
materials, and evaluations developed and implemented under
subsection (c) shall address issues of safety and
confidentiality for the victim and the victim's family in a
manner consistent with applicable Federal and State laws.
[(e) Application.--To be eligible for a grant under this
section for a fiscal year, a local educational agency, in
consultation with an expert, shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application shall
include each of the following:
[(1) A description of the need for funds provided
under the grant and the plan for implementation of any
of the activities described in subsection (c).
[(2) A description of how the experts will work in
consultation and collaboration with the local
educational agency.
[(3) Measurable objectives for, and expected results
from, the use of the funds provided under the grant.
[(4) Provisions for appropriate remuneration for
collaborating partners.]
[Subpart 18--Healthy, High-Performance Schools
[SEC. 5581. GRANT PROGRAM AUTHORIZED.
[The Secretary, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
is authorized to award grants to State educational agencies to
permit such State educational agencies to carry out section
5582.
[SEC. 5582. STATE USES OF FUNDS.
[(a) Subgrants.--
[(1) In general.--A State educational agency
receiving a grant under this subpart shall use funds
made available under the grant to award subgrants to
local educational agencies to permit such local
educational agencies to carry out the activities
described in section 5583.
[(2) Limitation.--A State educational agency shall
award subgrants under this subsection to local
educational agencies that are the neediest, as
determined by the State, and that have made a
commitment to develop healthy, high-performance school
buildings in accordance with the plan developed and
approved under paragraph (3)(A).
[(3) Implementation.--
[(A) Plans.--A State educational agency shall
award subgrants under this subsection only to
local educational agencies that, in
consultation with the State educational agency
and State agencies with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which the
subgrants are made.
[(B) Supplementing grant funds.--The State
educational agency shall encourage local
educational agencies that receive subgrants
under this subsection to supplement their
subgrant funds with funds from other sources in
order to implement their plans.
[(b) Administration.--A State educational agency receiving a
grant under this subpart shall use the grant funds made
available under this subpart for one or more of the following:
[(1) To evaluate compliance by local educational
agencies with the requirements of this subpart.
[(2) To distribute information and materials on
healthy, high-performance school buildings for both new
and existing facilities.
[(3) To organize and conduct programs for school
board members, school district personnel, and others to
disseminate information on healthy, high-performance
school buildings.
[(4) To provide technical services and assistance in
planning and designing healthy, high-performance school
buildings.
[(5) To collect and monitor information pertaining to
healthy, high-performance school building projects.
[SEC. 5583. LOCAL USES OF FUNDS.
[(a) In General.--A local educational agency that receives a
subgrant under section 5582(a) shall use the subgrant funds to
plan and prepare for healthy, high-performance school building
projects that--
[(1) reduce energy use to at least 30 percent below
that of a school constructed in compliance with
standards prescribed in chapter 8 of the 2000
International Energy Conservation Code, or a similar
State code intended to achieve substantially equivalent
results;
[(2) meet Federal and State health and safety codes;
and
[(3) support healthful, energy efficient, and
environmentally sound practices.
[(b) Use of Funds.--A local educational agency that receives
a subgrant under section 5582(a) shall use funds for one or
more of the following:
[(1) To develop a comprehensive energy audit of the
energy consumption characteristics of a building and
the need for additional energy conservation measures
necessary to allow schools to meet the guidelines set
out in subsection (a).
[(2) To produce a comprehensive analysis of building
strategies, designs, materials, and equipment that--
[(A) are cost effective, produce greater
energy efficiency, and enhance indoor air
quality; and
[(B) can be used when conducting school
construction and renovation or purchasing
materials and equipment.
[(3) To obtain research and provide technical
services and assistance in planning and designing
healthy, high-performance school buildings, including
developing a timeline for implementation of such plans.
[SEC. 5584. REPORT TO CONGRESS.
[The Secretary shall conduct a biennial review of State
actions implementing this subpart and carrying out the plans
developed under this subpart through State and local funding,
and shall submit a report to Congress on the results of such
reviews.
[SEC. 5585. LIMITATIONS.
No funds received under this subpart may be used for any of
the following:
[(1) Payment of maintenance of costs in connection
with any projects constructed in whole or in part with
Federal funds provided under this subpart.
[(2) Construction, renovation, or repair of school
facilities.
[(3) Construction, renovation, repair, or acquisition
of a stadium or other facility primarily used for
athletic contests or exhibitions, or other events for
which admission is charged to the general public.
[SEC. 5586. HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING DEFINED.
In this subpart, the term ``healthy, high-performance school
building'' means a school building in which the design,
construction, operation, and maintenance--
[(1) use energy-efficient and affordable practices
and materials;
[(2) are cost-effective;
[(3) enhance indoor air quality; and
[(4) protect and conserve water.]
* * * * * * *
[Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition
[SEC. 5601. RESERVATION.
[The Secretary is authorized to provide additional assistance
to meet special circumstances relating to the provision of
education in local educational agencies eligible to receive
assistance under section 8002.
[SEC. 5602. ELIGIBILITY.
A local educational agency is eligible to receive additional
assistance under this subpart only if such agency--
[(1) received a payment under both section 8002 and
section 8003(b) for fiscal year 1996 and is eligible to
receive payments under those sections for the year of
application;
[(2) provided a free public education to children
described under subparagraph (A), (B), or (D) of
section 8003(a)(1);
[(3) had a military installation located within the
geographic boundaries of the local educational agency
that was closed as a result of base closure or
realignment and, at the time at which the agency is
applying for a payment under this subpart, the agency
does not have a military installation located within
its geographic boundaries;
[(4) remains responsible for the free public
education of children residing in housing located on
Federal property within the boundaries of the closed
military installation but whose parents are on active
duty in the uniformed services and assigned to a
military activity located within the boundaries of an
adjoining local educational agency; and
[(5) demonstrates to the satisfaction of the
Secretary that such agency's per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.
[SEC. 5603. MAXIMUM AMOUNT.
[(a) Maximum Amount.--The maximum amount that a local
educational agency is eligible to receive under this subpart
for any fiscal year, when combined with its payment under
section 8002(b), shall not be more than 50 percent of the
maximum amount determined under section 8002(b).
[(b) Insufficient Funds.--If funds appropriated under section
5401 are insufficient to pay the amount determined under
subsection (a), the Secretary shall ratably reduce the payment
to each local educational agency eligible under this subpart.
[(c) Excess Funds.--If funds appropriated under section 5401
are in excess of the amount determined under subsection (a),
the Secretary shall ratably distribute any excess funds to all
local educational agencies eligible for payment under section
8002(b).
[Subpart 21--Women's Educational Equity Act
[SEC. 5611. SHORT TITLE AND FINDINGS.
[(a) Short Title.--This subpart may be cited as the ``Women's
Educational Equity Act of 2001''.
[(b) Findings.--Congress finds that--
[(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides
in educational achievement and in their ability to
avail themselves of educational opportunities;
[(2) because of funding provided under the Women's
Educational Equity Act of 2001, more curricula,
training, and other educational materials concerning
educational equity for women and girls are available
for national dissemination;
[(3) teaching and learning practices in the United
States are frequently inequitable as such practices
relate to women and girls, for example--
[(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
schools to provide a safe and equitable
learning or workplace environment;
[(B) classroom textbooks and other
educational materials do not sufficiently
reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
[(C) girls do not take as many mathematics
and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences; and
[(D) pregnant and parenting teenagers are at
high risk for dropping out of school and
existing dropout prevention programs do not
adequately address the needs of such teenagers;
[(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women and
girls;
[(5) Federal support should address not only research
and development of innovative model curricula and
teaching and learning strategies to promote gender
equity, but should also assist schools and local
communities implement gender equitable practices;
[(6) Federal assistance for gender equity must be
tied to systemic reform, involve collaborative efforts
to implement effective gender practices at the local
level, and encourage parental participation; and
[(7) excellence in education, high educational
achievements and standards, and the full participation
of women and girls in American society, cannot be
achieved without educational equity for women and
girls.
[SEC. 5612. STATEMENT OF PURPOSE.
It is the purpose of this subpart--
[(1) to promote gender equity in education in the
United States;
[(2) to provide financial assistance to enable
educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments
of 1972; and
[(3) to promote equity in education for women and
girls who suffer from multiple forms of discrimination
based on sex, race, ethnic origin, limited English
proficiency, disability, or age.
[SEC. 5613. PROGRAMS AUTHORIZED.
[(a) In General.--The Secretary is authorized--
[(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities, and initiatives
in all Federal education programs and offices;
[(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
[(3) to provide information and technical assistance
to assure the effective implementation of gender equity
programs;
[(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
[(5) to assist the Director of the Institute of
Education Sciences in identifying research priorities
related to education equity for women and girls; and
[(6) to perform any other activities consistent with
achieving the purposes of this subpart.
[(b) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to, and enter into contracts and
cooperative agreements with, public agencies, private
nonprofit agencies, organizations, institutions,
student groups, community groups, and individuals, for
a period not to exceed 4 years, to--
[(A) provide grants to develop model equity
programs; and
[(B) provide funds for the implementation of
equity programs in schools throughout the
Nation.
[(2) Support and technical assistance.--To achieve
the purposes of this subpart, the Secretary is
authorized to provide support and technical
assistance--
[(A) to implement effective gender-equity
policies and programs at all educational
levels, including--
[(i) assisting educational agencies
and institutions to implement policies
and practices to comply with title IX
of the Education Amendments of 1972;
[(ii) training for teachers,
counselors, administrators, and other
school personnel, especially preschool
and elementary school personnel, in
gender equitable teaching and learning
practices;
[(iii) leadership training for women
and girls to develop professional and
marketable skills to compete in the
global marketplace, improve self-
esteem, and benefit from exposure to
positive role models;
[(iv) school-to-work transition
programs, guidance and counseling
activities, and other programs to
increase opportunities for women and
girls to enter a technologically
demanding workplace and, in particular,
to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
[(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of
discrimination, based on sex, and on
race, ethnic origin, limited English
proficiency, disability, socioeconomic
status, or age;
[(vi) assisting pregnant students and
students rearing children to remain in
or to return to secondary school,
graduate, and prepare their preschool
children to start school;
[(vii) evaluating exemplary model
programs to assess the ability of such
programs to advance educational equity
for women and girls;
[(viii) introduction into the
classroom of textbooks, curricula, and
other materials designed to achieve
equity for women and girls;
[(ix) programs and policies to
address sexual harassment and violence
against women and girls and to ensure
that educational institutions are free
from threats to the safety of students
and personnel;
[(x) nondiscriminatory tests of
aptitude and achievement and of
alternative assessments that eliminate
biased assessment instruments from use;
[(xi) programs to increase
educational opportunities, including
higher education, vocational training,
and other educational programs for low-
income women, including underemployed
and unemployed women, and women
receiving assistance under a State
program funded under part A of title IV
of the Social Security Act;
[(xii) programs to improve
representation of women in educational
administration at all levels; and
[(xiii) planning, development, and
initial implementation of--
[(I) comprehensive
institutionwide or districtwide
evaluation to assess the
presence or absence of gender
equity in educational settings;
[(II) comprehensive plans for
implementation of equity
programs in State educational
agencies and local educational
agencies and institutions of
higher education, including
community colleges; and
[(III) innovative approaches
to school-community
partnerships for educational
equity; and
[(B) for research and development, which
shall be coordinated with each of the National
Education Centers of the Institute of Education
Sciences to avoid duplication of research
efforts, designed to advance gender equity
nationwide and to help make policies and
practices in educational agencies and
institutions, and local communities, gender
equitable, including--
[(i) research and development of
innovative strategies and model
training programs for teachers and
other education personnel;
[(ii) the development of high-quality
and challenging assessment instruments
that are nondiscriminatory;
[(iii) the development and evaluation
of model curricula, textbooks,
software, and other educational
materials to ensure the absence of
gender stereotyping and bias;
[(iv) the development of instruments
and procedures that employ new and
innovative strategies to assess whether
diverse educational settings are gender
equitable;
[(v) the development of instruments
and strategies for evaluation,
dissemination, and replication of
promising or exemplary programs
designed to assist local educational
agencies in integrating gender equity
in their educational policies and
practices;
[(vi) updating high-quality
educational materials previously
developed through awards made under
this subpart;
[(vii) the development of policies
and programs to address and prevent
sexual harassment and violence to
ensure that educational institutions
are free from threats to safety of
students and personnel;
[(viii) the development and
improvement of programs and activities
to increase opportunity for women,
including continuing educational
activities, vocational education, and
programs for low-income women,
including underemployed and unemployed
women, and women receiving assistance
under the State program funded under
part A of title IV of the Social
Security Act; and
[(ix) the development of guidance and
counseling activities, including career
education programs, designed to ensure
gender equity.
[SEC. 5614. APPLICATIONS.
An application under this subpart shall--
[(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this subpart, including an evaluation of
the practices, policies, and materials used by the
applicant and an evaluation or estimate of the
continued significance of the work of the project
following completion of the award period;
[(2) demonstrate how the applicant will address
perceptions of gender roles based on cultural
differences or stereotypes;
[(3) for applications for assistance under section
5613(b)(1), demonstrate how the applicant will foster
partnerships and, where applicable, share resources
with State educational agencies, local educational
agencies, institutions of higher education, community-
based organizations (including organizations serving
women), parent, teacher, and student groups,
businesses, or other recipients of Federal educational
funding which may include State literacy resource
centers;
[(4) for applications for assistance under section
5613(b)(1), demonstrate how parental involvement in the
project will be encouraged; and
[(5) for applications for assistance under section
5613(b)(1), describe plans for continuation of the
activities assisted under this subpart with local
support following completion of the grant period and
termination of Federal support under this subpart.
[SEC. 5615. CRITERIA AND PRIORITIES.
[(a) Criteria and Priorities.--
[(1) In general.--The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2) of section 5613(b) to ensure
that funds under this subpart are used for programs
that most effectively will achieve the purposes of this
subpart.
[(2) Criteria.--The criteria described in paragraph
(1) may include the extent to which the activities
assisted under this subpart--
[(A) address the needs of women and girls of
color and women and girls with disabilities;
[(B) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
[(C) are a significant component of a
comprehensive plan for educational equity and
compliance with title IX of the Education
Amendments of 1972 in the particular school
district, institution of higher education,
vocational-technical institution, or other
educational agency or institution; and
[(D) implement an institutional change
strategy with long-term impact that will
continue as a central activity of the applicant
after the grant under this subpart has
terminated.
[(b) Priorities.--In awarding grants under this subpart, the
Secretary may give special consideration to applications--
[(1) submitted by applicants that have not received
assistance under this subpart or this subpart's
predecessor authorities;
[(2) for projects that will contribute significantly
to directly improving teaching and learning practices
in the local community; and
[(3) for projects that will--
[(A) provide for a comprehensive approach to
enhancing gender equity in educational
institutions and agencies;
[(B) draw on a variety of resources,
including the resources of local educational
agencies, community-based organizations,
institutions of higher education, and private
organizations;
[(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this
subpart has terminated;
[(D) address issues of national significance
that can be duplicated; and
[(E) address the educational needs of women
and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic
origin, disability, or age.
[(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this subpart for each
fiscal year address--
[(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
[(2) all regions of the United States; and
[(3) urban, rural, and suburban educational
institutions.
[(d) Coordination.--Research activities supported under this
subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
[(2) may include collaborative research activities
which are jointly funded and carried out with the
Institute of Education Sciences.
[(e) Limitation.--Nothing in this subpart shall be construed
as prohibiting men and boys from participating in any programs
or activities assisted with funds under this subpart.
[SEC. 5616. REPORT.
[Not later than January 1, 2006, the Secretary shall submit
to the President and Congress a report on the status of
educational equity for girls and women in the Nation.
[SEC. 5617. ADMINISTRATION.
[(a) Evaluation and Dissemination.--Not later than January 1,
2005, the Secretary shall evaluate and disseminate materials
and programs developed under this subpart and shall report to
Congress regarding such evaluation materials and programs.
[(b) Program Operations.--The Secretary shall ensure that the
activities assisted under this subpart are administered within
the Department by a person who has recognized professional
qualifications and experience in the field of gender equity
education.
[SEC. 5618. AMOUNT.
[From amounts made available to carry out this subpart for a
fiscal year, not less than two-thirds of such amount shall be
used to carry out the activities described in section
5613(b)(1).]
TITLE VI--FLEXIBILITY AND ACCOUNTABILITY
* * * * * * *
PART B--RURAL EDUCATION INITIATIVE
* * * * * * *
Subpart 2--Rural and Low-Income School Program
* * * * * * *
SEC. 6222. USES OF FUNDS.
(a) Local Awards.--Grant funds awarded to local educational
agencies under this subpart shall be used for any of the
following:
(1) * * *
* * * * * * *
(3) Educational technology, including software and
hardware[, as described in part D of title II].
* * * * * * *
TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
* * * * * * *
[PART B--NATIVE HAWAIIAN EDUCATION
[SEC. 7201. SHORT TITLE.
[This part may be cited as the ``Native Hawaiian Education
Act''.
[SEC. 7202. FINDINGS.
[Congress finds the following:
[(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, Britain,
France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
[(2) At the time of the arrival of the first
nonindigenous people in Hawaii in 1778, the Native
Hawaiian people lived in a highly organized, self-
sufficient subsistence social system based on a
communal land tenure system with a sophisticated
language, culture, and religion.
[(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawaii.
[(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawaii, which was established in 1810 under
Kamehameha I, extended full and complete diplomatic
recognition to the Kingdom of Hawaii, and entered into
treaties and conventions with the Kingdom of Hawaii to
govern friendship, commerce and navigation in 1826,
1842, 1849, 1875, and 1887.
[(5) In 1893, the sovereign, independent,
internationally recognized, and indigenous government
of Hawaii, the Kingdom of Hawaii, was overthrown by a
small group of non-Hawaiians, including United States
citizens, who were assisted in their efforts by the
United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom of
Hawaii, in 1993 the United States apologized to Native
Hawaiians for the overthrow and the deprivation of the
rights of Native Hawaiians to self-determination
through Public Law 103-150 (107 Stat. 1510).
[(6) In 1898, the joint resolution entitled ``Joint
Resolution to provide for annexing the Hawaiian Islands
to the United States'', approved July 7, 1898 (30 Stat.
750), ceded absolute title of all lands held by the
Republic of Hawaii, including the government and crown
lands of the former Kingdom of Hawaii, to the United
States, but mandated that revenue generated from the
lands be used ``solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and
other public purposes''.
[(7) By 1919, the Native Hawaiian population had
declined from an estimated 1,000,000 in 1778 to an
alarming 22,600, and in recognition of this severe
decline, Congress enacted the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108), which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
[(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special
relationship between the United States and the Native
Hawaiians, which was described by then Secretary of the
Interior Franklin K. Lane, who said: ``One thing that
impressed me . . . was the fact that the natives of the
island who are our wards, I should say, and for whom in
a sense we are trustees, are falling off rapidly in
numbers and many of them are in poverty.''.
[(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act
of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C.
391b, 391b-1, 392b, 392c, 396, 396a), a provision to
lease lands within the National Parks extension to
Native Hawaiians and to permit fishing in the area
``only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their
guidance.''.
[(10) Under the Act entitled ``An Act to provide for
the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of
the Hawaiian Home Lands to the State of Hawaii but
reaffirmed the trust relationship between the United
States and the Hawaiian people by retaining the
exclusive power to enforce the trust, including the
power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such
Act.
[(11) In 1959, under the Act entitled ``An Act to
provide for the admission of the State of Hawaii into
the Union'', the United States also ceded to the State
of Hawaii title to the public lands formerly held by
the United States, but mandated that such lands be held
by the State ``in public trust'' and reaffirmed the
special relationship that existed between the United
States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust
responsibility of the State of Hawaii for the
betterment of the conditions of Native Hawaiians, as
defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
[(12) The United States has recognized and reaffirmed
that--
[(A) Native Hawaiians have a cultural,
historic, and land-based link to the indigenous
people who exercised sovereignty over the
Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its
sovereign lands;
[(B) Congress does not extend services to
Native Hawaiians because of their race, but
because of their unique status as the
indigenous people of a once sovereign nation as
to whom the United States has established a
trust relationship;
[(C) Congress has also delegated broad
authority to administer a portion of the
Federal trust responsibility to the State of
Hawaii;
[(D) the political status of Native Hawaiians
is comparable to that of American Indians and
Alaska Natives; and
[(E) the aboriginal, indigenous people of the
United States have--
[(i) a continuing right to autonomy
in their internal affairs; and
[(ii) an ongoing right of self-
determination and self-governance that
has never been extinguished.
[(13) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in--
[(A) the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.);
[(B) the American Indian Religious Freedom
Act (42 U.S.C. 1996);
[(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
[(D) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
[(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
[(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
[(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
[(H) the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.); and
[(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
[(14) In 1981, Congress instructed the Office of
Education to submit to Congress a comprehensive report
on Native Hawaiian education. The report, entitled the
``Native Hawaiian Educational Assessment Project'', was
released in 1983 and documented that Native Hawaiians
scored below parity with regard to national norms on
standardized achievement tests, were disproportionately
represented in many negative social and physical
statistics indicative of special educational needs, and
had educational needs that were related to their unique
cultural situation, such as different learning styles
and low self-image.
[(15) In recognition of the educational needs of
Native Hawaiians, in 1988, Congress enacted title IV of
the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988
(102 Stat. 130) to authorize and develop supplemental
educational programs to address the unique conditions
of Native Hawaiians.
[(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native
Hawaiian Educational Assessment Project, which found
that despite the successes of the programs established
under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments of 1988, many of the same educational needs
still existed for Native Hawaiians. Subsequent reports
by the Kamehameha Schools Bishop Estate and other
organizations have generally confirmed those findings.
For example--
[(A) educational risk factors continue to
start even before birth for many Native
Hawaiian children, including--
[(i) late or no prenatal care;
[(ii) high rates of births by Native
Hawaiian women who are unmarried; and
[(iii) high rates of births to
teenage parents;
[(B) Native Hawaiian students continue to
begin their school experience lagging behind
other students in terms of readiness factors
such as vocabulary test scores;
[(C) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests at all grade
levels;
[(D) both public and private schools continue
to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
[(E) Native Hawaiian students continue to be
overrepresented among students qualifying for
special education programs provided to students
with learning disabilities, mild intellectual
disabilities, emotional impairment, and other
such disabilities;
[(F) Native Hawaiians continue to be
underrepresented in institutions of higher
education and among adults who have completed
four or more years of college;
[(G) Native Hawaiians continue to be
disproportionately represented in many negative
social and physical statistics indicative of
special educational needs, as demonstrated by
the fact that--
[(i) Native Hawaiian students are
more likely to be retained in grade
level and to be excessively absent in
secondary school;
[(ii) Native Hawaiian students have
the highest rates of drug and alcohol
use in the State of Hawaii; and
[(iii) Native Hawaiian children
continue to be disproportionately
victimized by child abuse and neglect;
and
[(H) Native Hawaiians now comprise over 23
percent of the students served by the State of
Hawaii Department of Education, and there are
and will continue to be geographically rural,
isolated areas with a high Native Hawaiian
population density.
[(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among
groups of students from 39 States in reading. Given
that Hawaiian students rank among the lowest groups of
students nationally in reading, and that Native
Hawaiian students rank the lowest among Hawaiian
students in reading, it is imperative that greater
focus be placed on beginning reading and early
education and literacy in Hawaii.
[(18) The findings described in paragraphs (16) and
(17) are inconsistent with the high rates of literacy
and integration of traditional culture and Western
education historically achieved by Native Hawaiians
through a Hawaiian language-based public school system
established in 1840 by Kamehameha III.
[(19) Following the overthrow of the Kingdom of
Hawaii in 1893, Hawaiian medium schools were banned.
After annexation, throughout the territorial and
statehood period of Hawaii, and until 1986, use of the
Hawaiian language as an instructional medium in
education in public schools was declared unlawful. The
declaration caused incalculable harm to a culture that
placed a very high value on the power of language, as
exemplified in the traditional saying: ``I ka ``olelo
no ke ola; I ka ``olelo no ka make. In the language
rests life; In the language rests death.''.
[(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their
cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
[(21) The State of Hawaii, in the constitution and
statutes of the State of Hawaii--
[(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language;
[(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawaii, which may be
used as the language of instruction for all
subjects and grades in the public school
system; and
[(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using community
expertise as a suitable and essential means to
further the program.
[SEC. 7203. PURPOSES.
[The purposes of this part are to--
[(1) authorize and develop innovative educational
programs to assist Native Hawaiians;
[(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
Native Hawaiian education, and to provide periodic
assessment and data collection;
[(3) supplement and expand programs and authorities
in the area of education to further the purposes of
this title; and
[(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
education programs.
[SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
[(a) Establishment of Native Hawaiian Education Council.--In
order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(hereafter in this part referred to as the ``Education
Council'').
[(b) Composition of Education Council.--The Education Council
shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
[(c) Conditions and Terms.--
[(1) Conditions.--At least 10 members of the
Education Council shall be Native Hawaiian education
service providers and 10 members of the Education
Council shall be Native Hawaiians or Native Hawaiian
education consumers. In addition, a representative of
the State of Hawaii Office of Hawaiian Affairs shall
serve as a member of the Education Council.
[(2) Appointments.--The members of the Education
Council shall be appointed by the Secretary based on
recommendations received from the Native Hawaiian
community.
[(3) Terms.--Members of the Education Council shall
serve for staggered terms of 3 years, except as
provided in paragraph (4).
[(4) Council determinations.--Additional conditions
and terms relating to membership on the Education
Council, including term lengths and term renewals,
shall be determined by a majority of the Education
Council.
[(d) Native Hawaiian Education Council Grant.--The Secretary
shall make a direct grant to the Education Council to carry out
the following activities:
[(1) Coordinate the educational and related services
and programs available to Native Hawaiians, including
the programs assisted under this part.
[(2) Assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian
education.
[(3) Provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serve, where appropriate, in an
advisory capacity.
[(4) Make direct grants, if such grants enable the
Education Council to carry out the duties of the
Education Council, as described in paragraphs (1)
through (3).
[(e) Additional Duties of the Education Council.--
[(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council, including any information that the
Education Council provides to the Secretary pursuant to
subsection (i), to the Secretary, the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Indian Affairs of
the Senate.
[(2) Annual report.--The Education Council shall
prepare and submit to the Secretary an annual report on
the Education Council's activities.
[(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
determines to be appropriate, in a manner that supports
the distinct needs of each island council.
[(f) Establishment of Island Councils.--
[(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Secretary is authorized to
facilitate the establishment of Native Hawaiian
education island councils (hereafter in this part
referred to as an ``island council'') for the following
islands:
[(A) Hawaii.
[(B) Maui.
[(C) Molokai.
[(D) Lanai.
[(E) Oahu.
[(F) Kauai.
[(G) Niihau.
[(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of
individuals concerned with the educational needs of all
age groups, from children in preschool through adults.
At least three-fourths of the members of each island
council shall be Native Hawaiians.
[(g) Administrative Provisions Relating to Education Council
and Island Councils.--The Education Council and each island
council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than four times during each calendar year. The provisions
of the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
[(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
[(i) Report.--Not later than 4 years after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Indian Affairs of the Senate a report that
summarizes the annual reports of the Education Council,
describes the allocation and use of funds under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
[SEC. 7205. PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) Grants and contracts.--The Secretary is
authorized to make direct grants to, or enter into
contracts with--
[(A) Native Hawaiian educational
organizations;
[(B) Native Hawaiian community-based
organizations;
[(C) public and private nonprofit
organizations, agencies, and institutions with
experience in developing or operating Native
Hawaiian programs or programs of instruction in
the Native Hawaiian language; and
[(D) consortia of the organizations,
agencies, and institutions described in
subparagraphs (A) through (C),
to carry out programs that meet the purposes of this
part.
[(2) Priorities.--In awarding grants or contracts to
carry out activities described in paragraph (3), the
Secretary shall give priority to entities proposing
projects that are designed to address--
[(A) beginning reading and literacy among
students in kindergarten through third grade;
[(B) the needs of at-risk children and youth;
[(C) needs in fields or disciplines in which
Native Hawaiians are underemployed; and
[(D) the use of the Hawaiian language in
instruction.
[(3) Authorized activities.--Activities provided
through programs carried out under this part may
include--
[(A) the development and maintenance of a
statewide Native Hawaiian early education and
care system to provide a continuum of services
for Native Hawaiian children from the prenatal
period of the children through age 5;
[(B) the operation of family-based education
centers that provide such services as--
[(i) programs for Native Hawaiian
parents and their infants from the
prenatal period of the infants through
age 3;
[(ii) preschool programs for Native
Hawaiians; and
[(iii) research on, and development
and assessment of, family-based, early
childhood, and preschool programs for
Native Hawaiians;
[(C) activities that enhance beginning
reading and literacy in either the Hawaiian or
the English language among Native Hawaiian
students in kindergarten through third grade
and assistance in addressing the distinct
features of combined English and Hawaiian
literacy for Hawaiian speakers in fifth and
sixth grade;
[(D) activities to meet the special needs of
Native Hawaiian students with disabilities,
including--
[(i) the identification of such
students and their needs;
[(ii) the provision of support
services to the families of those
students; and
[(iii) other activities consistent
with the requirements of the
Individuals with Disabilities Education
Act;
[(E) activities that address the special
needs of Native Hawaiian students who are
gifted and talented, including--
[(i) educational, psychological, and
developmental activities designed to
assist in the educational progress of
those students; and
[(ii) activities that involve the
parents of those students in a manner
designed to assist in the students'
educational progress;
[(F) the development of academic and
vocational curricula to address the needs of
Native Hawaiian children and adults, including
curriculum materials in the Hawaiian language
and mathematics and science curricula that
incorporate Native Hawaiian tradition and
culture;
[(G) professional development activities for
educators, including--
[(i) the development of programs to
prepare prospective teachers to address
the unique needs of Native Hawaiian
students within the context of Native
Hawaiian culture, language, and
traditions;
[(ii) in-service programs to improve
the ability of teachers who teach in
schools with concentrations of Native
Hawaiian students to meet those
students' unique needs; and
[(iii) the recruitment and
preparation of Native Hawaiians, and
other individuals who live in
communities with a high concentration
of Native Hawaiians, to become
teachers;
[(H) the operation of community-based
learning centers that address the needs of
Native Hawaiian families and communities
through the coordination of public and private
programs and services, including--
[(i) preschool programs;
[(ii) after-school programs;
[(iii) vocational and adult education
programs; and
[(iv) programs that recognize and
support the unique cultural and
educational needs of Native Hawaiian
children, and incorporate appropriately
qualified Native Hawaiian elders and
seniors;
[(I) activities, including program co-
location, to enable Native Hawaiians to enter
and complete programs of postsecondary
education, including--
[(i) provision of full or partial
scholarships for undergraduate or
graduate study that are awarded to
students based on their academic
promise and financial need, with a
priority, at the graduate level, given
to students entering professions in
which Native Hawaiians are
underrepresented;
[(ii) family literacy services;
[(iii) counseling and support
services for students receiving
scholarship assistance;
[(iv) counseling and guidance for
Native Hawaiian secondary students who
have the potential to receive
scholarships; and
[(v) faculty development activities
designed to promote the matriculation
of Native Hawaiian students;
[(J) research and data collection activities
to determine the educational status and needs
of Native Hawaiian children and adults;
[(K) other research and evaluation activities
related to programs carried out under this
part; and
[(L) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
[(4) Special rule and conditions.--
[(A) Institutions outside hawaii.--The
Secretary shall not establish a policy under
this section that prevents a Native Hawaiian
student enrolled at a 2- or 4-year degree
granting institution of higher education
outside of the State of Hawaii from receiving a
scholarship pursuant to paragraph (3)(I).
[(B) Scholarship conditions.--The Secretary
shall establish conditions for receipt of a
scholarship awarded under paragraph (3)(I). The
conditions shall require that an individual
seeking such a scholarship enter into a
contract to provide professional services,
either during the scholarship period or upon
completion of a program of postsecondary
education, to the Native Hawaiian community.
[(b) Administrative Costs.--Not more than 5 percent of funds
provided to a recipient of a grant or contract under subsection
(a) for any fiscal year may be used for administrative
purposes.
[(c) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section and section 7204
such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.
[(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve $500,000
for fiscal year 2002 and each of the 5 succeeding
fiscal years to make a direct grant to the Education
Council to carry out section 7204.
[(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.
[SEC. 7206. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
[(b) Special Rule.--Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate
in the program to be carried out under the grant or contract,
and include those comments, if any, with the application to the
Secretary.
[SEC. 7207. DEFINITIONS.
[In this part:
[(1) Native hawaiian.--The term ``Native Hawaiian''
means any individual who is--
[(A) a citizen of the United States; and
[(B) a descendant of the aboriginal people
who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the
State of Hawaii, as evidenced by--
[(i) genealogical records;
[(ii) Kupuna (elders) or Kamaaina
(long-term community residents)
verification; or
[(iii) certified birth records.
[(2) Native hawaiian community-based organization.--
The term ``Native Hawaiian community-based
organization'' means any organization that is composed
primarily of Native Hawaiians from a specific community
and that assists in the social, cultural, and
educational development of Native Hawaiians in that
community.
[(3) Native hawaiian educational organization.--The
term ``Native Hawaiian educational organization'' means
a private nonprofit organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
[(C) incorporates Native Hawaiian
perspective, values, language, culture, and
traditions into the core function of the
organization;
[(D) has demonstrated expertise in the
education of Native Hawaiian youth; and
[(E) has demonstrated expertise in research
and program development.
[(4) Native hawaiian language.--The term ``Native
Hawaiian language'' means the single Native American
language indigenous to the original inhabitants of the
State of Hawaii.
[(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
and
[(C) is recognized by the Governor of Hawaii
for the purpose of planning, conducting, or
administering programs (or portions of
programs) for the benefit of Native Hawaiians.
[(6) Office of hawaiian affairs.--The term ``Office
of Hawaiian Affairs'' means the Office of Hawaiian
Affairs established by the Constitution of the State of
Hawaii.
[PART C--ALASKA NATIVE EDUCATION
[SEC. 7301. SHORT TITLE.
[This part may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
[SEC. 7302. FINDINGS.
[Congress finds and declares the following:
[(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being, and preservation of the culture of Alaska
Natives.
[(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
[(3) Alaska Native children enter and exit school
with serious educational handicaps.
[(4) The educational achievement of Alaska Native
children is far below national norms. Native
performance on standardized tests is low, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
[(5) The programs authorized in this part, combined
with expanded Head Start, infant learning, and early
childhood education programs, and parent education
programs, are essential if educational handicaps are to
be overcome.
[(6) The sheer magnitude of the geographic barriers
to be overcome in delivering educational services in
rural Alaska and Alaska villages should be addressed
through the development and implementation of
innovative, model programs in a variety of areas.
[(7) Native children should be afforded the
opportunity to begin their formal education on a par
with their non-Native peers. The Federal Government
should lend support to efforts developed by and
undertaken within the Alaska Native community to
improve educational opportunity for all students.
[SEC. 7303. PURPOSES.
[The purposes of this part are as follows:
[(1) To recognize the unique educational needs of
Alaska Natives.
[(2) To authorize the development of supplemental
educational programs to benefit Alaska Natives.
[(3) To supplement existing programs and authorities
in the area of education to further the purposes of
this part.
[(4) To provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
[SEC. 7304. PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational entities
with experience in developing or operating Alaska
Native programs or programs of instruction conducted in
Alaska Native languages, cultural and community-based
organizations with experience in developing or
operating programs to benefit Alaska Natives, and
consortia of organizations and entities described in
this paragraph to carry out programs that meet the
purposes of this part.
[(2) Permissible activities.--Activities provided
through programs carried out under this part may
include the following:
[(A) The development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives.
[(B) The development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including the following:
[(i) Curriculum materials that
reflect the cultural diversity or the
contributions of Alaska Natives.
[(ii) Instructional programs that
make use of Native Alaskan languages.
[(iii) Networks that introduce
successful programs, materials, and
techniques to urban and rural schools.
[(C) Professional development activities for
educators, including the following:
[(i) Programs to prepare teachers to
address the cultural diversity and
unique needs of Alaska Native students.
[(ii) In-service programs to improve
the ability of teachers to meet the
unique needs of Alaska Native students.
[(iii) Recruitment and preparation of
teachers who are Alaska Native, reside
in communities with high concentrations
of Alaska Native students, or are
likely to succeed as teachers in
isolated, rural communities and engage
in cross-cultural instruction in
Alaska.
[(D) The development and operation of home
instruction programs for Alaska Native
preschool children, to ensure the active
involvement of parents in their children's
education from the earliest ages.
[(E) Family literacy services.
[(F) The development and operation of student
enrichment programs in science and mathematics
that--
[(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter secondary
school, to excel in science and math;
[(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
and
[(iii) may include activities that
recognize and support the unique
cultural and educational needs of
Alaska Native children, and incorporate
appropriately qualified Alaska Native
elders and seniors.
[(G) Research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults.
[(H) Other research and evaluation activities
related to programs carried out under this
part.
[(I) Remedial and enrichment programs to
assist Alaska Native students in performing at
a high level on standardized tests.
[(J) Education and training of Alaska Native
students enrolled in a degree program that will
lead to certification or licensing as teachers.
[(K) Parenting education for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including
skills relating to discipline and cognitive
development), including parenting education
provided through in-home visitation of new
mothers.
[(L) Cultural education programs operated by
the Alaska Native Heritage Center and designed
to share the Alaska Native culture with
students.
[(M) A cultural exchange program operated by
the Alaska Humanities Forum and designed to
share Alaska Native culture with urban students
in a rural setting, which shall be known as the
Rose Cultural Exchange Program.
[(N) Activities carried out through Even
Start programs carried out under subpart 3 of
part B of title I and Head Start programs
carried out under the Head Start Act, including
the training of teachers for programs described
in this subparagraph.
[(O) Other early learning and preschool
programs.
[(P) Dropout prevention programs operated by
the Cook Inlet Tribal Council's Partners for
Success program.
[(Q) An Alaska Initiative for Community
Engagement program.
[(R) Career preparation activities to enable
Alaska Native children and adults to prepare
for meaningful employment, including programs
providing tech-prep, mentoring, training, and
apprenticeship activities.
[(S) Provision of operational support and
purchasing of equipment, to develop regional
vocational schools in rural areas of Alaska,
including boarding schools, for Alaska Native
students in grades 9 through 12, or at higher
levels of education, to provide the students
with necessary resources to prepare for skilled
employment opportunities.
[(T) Other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
[(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children carried
out under paragraph (2)(D) may include the following:
[(A) Programs for parents and their infants,
from the prenatal period of the infant through
age 3.
[(B) Preschool programs.
[(C) Training, education, and support for
parents in such areas as reading readiness,
observation, story telling, and critical
thinking.
[(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
[(c) Priorities.--In awarding grants or contracts to carry
out activities described in subsection (a)(2), except for
activities listed in subsection (d)(2), the Secretary shall
give priority to applications from Alaska Native regional
nonprofit organizations, or consortia that include at least one
Alaska Native regional nonprofit organization.
[(d) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Availability of funds.--Of the funds
appropriated and made available under this section for
a fiscal year, the Secretary shall make available--
[(A) not less than $1,000,000 to support
activities described in subsection (a)(2)(K);
[(B) not less than $1,000,000 to support
activities described in subsection (a)(2)(L);
[(C) not less than $1,000,000 to support
activities described in subsection (a)(2)(M);
[(D) not less than $2,000,000 to support
activities described in subsection (a)(2)(P);
and
[(E) not less than $2,000,000 to support
activities described in subsection (a)(2)(Q).
[SEC. 7305. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary in such form, in such manner, and
containing such information as the Secretary may determine
necessary to carry out the provisions of this part.
[(b) Applications.--A State educational agency or local
educational agency may apply for an award under this part only
as part of a consortium involving an Alaska Native
organization. The consortium may include other eligible
applicants.
[(c) Consultation Required.--Each applicant for an award
under this part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
[(d) Local Educational Agency Coordination.--Each applicant
for an award under this part shall inform each local
educational agency serving students who would participate in
the program to be carried out under the grant or contract about
the application.
[SEC. 7306. DEFINITIONS.
[In this part:
[(1) Alaska native.--The term ``Alaska Native'' has
the same meaning as the term ``Native'' has in section
3(b) of the Alaska Native Claims Settlement Act.
[(2) Alaska native organization.--The term ``Alaska
Native organization'' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, and another organization that--
[(A) has or commits to acquire expertise in
the education of Alaska Natives; and
[(B) has Alaska Natives in substantive and
policymaking positions within the
organization.]
* * * * * * *
TITLE IX--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 9101. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) * * *
* * * * * * *
[(13) Covered program.--The term ``covered program''
means each of the programs authorized by--
[(A) part A of title I;
[(B) subpart 3 of part B of title I;
[(C) part C of title I;
[(D) part D of title I;
[(E) part F of title I;
[(F) part A of title II;
[(G) part D of title II;
[(H) part A of title III;
[(I) part A of title IV;
[(J) part B of title IV;
[(K) part A of title V; and
[(L) subpart 2 of part B of title VI.]
(13) 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) part D of title I;
(D) part A of title II;
(E) part A of title III;
(F) part A of title IV;
(G) part B of title IV;
(H) part A of title V; and
(I) subpart 2 of part B of title VI.
* * * * * * *
(34) Professional development.--The term
``professional development''--
(A) includes activities that--
(i) * * *
* * * * * * *
(vii) advance teacher understanding
of effective instructional strategies
that are--
(I) based on scientifically
based research [(except that
this subclause shall not apply
to activities carried out under
part D of title II)]; and
* * * * * * *
PART E--UNIFORM PROVISIONS
Subpart 1--Private Schools
SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) * * *
(b) Applicability.--
[(1) In general.--This section applies to programs
under--
[(A) subparts 1 and 3 of part B of title I;
[(B) part C of title I;
[(C) part A of title II, to the extent
provided in paragraph (3);
[(D) part B of title II;
[(E) part D of title II;
[(F) part A of title III;
[(G) part A of title IV; and
[(H) part B of title IV.]
(1) In general.--This section applies to programs
under--
(A) subpart 1 of part B of title I;
(B) part C of title I;
(C) part A of title II, to the extent
provided in paragraph (3);
(D) part B of title II;
(E) part A of title III;
(F) part A of title IV; and
(G) part B of title IV.
* * * * * * *
MINORITY VIEWS
H.R. 1891, reported out of the Committee on Education and
the Workforce, with all Committee Democrats in attendance
voting in opposition, eliminates 43 education programs without
regard to the needs of students, schools, communities, or the
country.
Committee Democrats believe the central role of the Federal
government in education policy is to ensure that all students
have access to an equal, high-quality education. To truly
ensure access to this type of education, Committee Democrats
believe that the system must be modernized. States and
districts should have easier access to Federal funds through
streamlined programs with less administrative burden. States
and districts should also have more flexibility. To allow for
this increased flexibility, educators must rely on data-based
decision making and maintain strong accountability for student
outcomes. Committee Democrats also believe that Congress has a
responsibility to ensure that all students are held to high
standards, and that teachers are prepared to teach to those
standards.
In 2009, the United States was among 34 developed countries
that participated in the Programme for International Student
Assessment (PISA). On that exam, our nation had improved in
math and science since 2006.\1\ But despite those improvements,
our students were still outperformed by numerous countries. The
countries at the top of the international rankings have each
made it a national goal to develop the best education system in
the world. Those countries have also focused on all students.
While the top 10 percent of students in the United States are
still competitive internationally, the country's poor and
minority students continue to struggle.
---------------------------------------------------------------------------
\1\OECD Programme for International Student Assessment (PISA)
(2009). Available at: www.oecd.org/edu/pisa/2009.
---------------------------------------------------------------------------
H.R. 1891 does nothing to improve the United States
education system. The bill does nothing to improve student
outcomes, increase academic achievement, nor graduate students
who are college and career ready. In actuality, the bill fails
to modernize the system; it simply eliminates essential
services to students provided through the Elementary and
Secondary Education Act.\2\
---------------------------------------------------------------------------
\2\20 U.S.C. ch. 70.
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ESSENTIAL LITERACY SERVICES TO STUDENTS
Committee Democrats believe that a student's ability to
read, write, and comprehend material is paramount to their
success in school. Unfortunately students continue to struggle
in these areas. American 15-year-olds rank 14th among developed
nations in reading, lagging behind countries such as Japan,
Australia, and the Netherlands.\3\ Despite our students'
moderate standing in the global education system, the
Majority's bill chooses to eliminate literacy services for
students.
---------------------------------------------------------------------------
\3\Supra note 1.
---------------------------------------------------------------------------
Committee Democrats believe that when it comes to literacy
services for students, research has been very clear on what
works. A number of interventions and practices demonstrate a
clear positive impact on student literacy skills. With federal
support from programs that H.R. 1891 eliminates, 46 states are
working to implement comprehensive literacy strategies to
strengthen our students' ability to compete in the 21st century
economy. Kentucky, for example, created a comprehensive set of
state actions and implementation indicators to embed literacy
learning as part of school improvement planning that will
support effective implementation of the Kentucky Core Academic
Standards. Louisiana developed a comprehensive plan to ensure
students meet the literacy expectations that will prepare them
to enter college and the workforce ready to succeed.
H.R. 1891 will undercut the work of states and districts
successfully preparing our students for their future. The
Majority argues the country cannot afford literacy services,
but in actuality, the country cannot afford to move backwards
on initiatives that work.
ESSENTIAL SUPPORT SERVICES TO STUDENTS
There is clear evidence that essential services to address
students' mental health and drug and violence prevention have
played a significant role in education reform. Committee
Democrats believe these services must be supported and advanced
for all students to graduate college and career ready.
Unfortunately, H.R. 1891 eliminates these services for
students, putting the students and their schools at greater
risk for failure.
One such successful example can be found in New York City.
A 2008 independent evaluation of five New York City schools
implementing an intervention created by an expert team of
senior educators and social workers, which provided family
engagement services, mental health services, and school-based
counseling, and it showed that the schools became calmer and
more productive environments, with fewer problem behaviors and
higher ratings on the NYC Department of Education Learning
Environment Survey. In these schools, there was a 51 percent
decrease in police-reported incidents and a 32 percent decrease
in suspensions. In addition, the schools became better places
for teachers to teach: there was a 77 percent decline in
teacher turnover, and a 34 percent decrease in teacher
absences. Over a four-year intervention period ending in 2009,
students in these schools also showed notable academic gains.
Students' math proficiency scores increased from 49 percent to
82 percent at the elementary level; and from 24 percent to 64
percent at the middle school level. Students' English Language
Arts proficiency scores increased from 47 percent to 57 percent
at the elementary level; and from 27 percent to 49 percent at
the middle school level.\4\
---------------------------------------------------------------------------
\4\Kendziora, K., & Osher, D., ``Starting to Turn Schools Around:
The Academic Outcomes of the Safe Schools, Successful Students
Initiative,'' American Institutes for Research (2009).
---------------------------------------------------------------------------
ESSENTIAL SERVICES TO SUPPORT TEACHERS AND LEADERS
Research clearly demonstrates that teacher quality is one
of the primary influences on student achievement. Committee
Democrats believe that if we are serious about closing the
achievement gap and graduating more students ready for college
and careers, then we need an education system that is designed
to have an effective teacher in every classroom. However, H.R.
1891 eliminates essential services that support teachers and
leaders.
In order to compete in a global economy, students must be
taught complex, analytical skills in a variety of issue areas.
Currently, too many poor and minority students do not have
access to great schools or great teachers who can provide these
skills. Data across states show that low-income and minority
students are disproportionately taught by inexperienced
teachers. For example, core academic classes in high-poverty
secondary schools are almost twice as likely as classes in low-
poverty schools to be taught by teachers with neither a major
nor certification in their assigned subject (27 percent
compared to 14 percent). Furthermore, high-minority secondary
schools have almost double the percentage of math classes
taught by teachers with neither certification nor a major as do
their low-minority counterparts.\5\
---------------------------------------------------------------------------
\5\Richard Ingersoll, ``Analysis of the 2003-2004 Schools and
Staffing Survey Data for the Education Trust, ``Core Problems: Out-of-
Field Teaching Persists in Key Academic Courses and High-Poverty
Schools'' (2007). Available at: http://www.edtrust.org/sites/
edtrust.org/files/publications/files/SASSreportCoreProblem.pdf.
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Committee Republicans claim that teacher support services
eliminated by H.R. 1891 are duplicative. However, during an
April 6, 2011 hearing in the Committee on Education and the
Workforce, the Comptroller General, Mr. Dodaro, testified on
the Government Accountability Office report entitled,
``Opportunities to Reduce Potential Duplication in Government
Programs, Save Tax Dollars, and Enhance Revenue''\6\ and stated
that the GAO had not found any actual duplication in teaching
programs.\7\ In addition, the report acknowledges that some of
the potential duplication may not be unnecessary or wasteful.
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\6\Government Accountability Office, ``Opportunities to Reduce
Potential Duplication in Government Programs, Save Tax Dollars, and
Enhance Revenue'' (Mar. 2011). Available at: http://www.gao.gov/
new.items/d11318sp.pdf.
\7\Streamlining Federal Education and Workforce Programs: A Look at
the GAO Report on Government Waste, Hearing Before the Committee on
Education and the Workforce, 112th Cong., 1st Sess. (2011) (testimony
of the Honorable Gene Dodaro).
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Committee Democrats believe strongly that Congress must
ensure that our teachers have the tools and professional
development opportunities they need to successfully teach and
support student achievement. Over the past decade, the country
has seen the start of systemic reforms to improve teacher and
leader effectiveness. Many states and districts are developing
systems that recruit, prepare and reward effective teachers,
that elevate the profession, and that strengthen pathways to
teaching and school leadership. These reforms are integral to
modernizing our education system.
Committee Democrats also believe that the Federal
government has a responsibility to ensure essential services
for principal and leader professional development and growth.
Research finds that 60 percent of a school's impact on student
achievement is attributable to principal and teacher
effectiveness.\8\ Furthermore, even though a single teacher can
have a profound impact on student learning over the course of a
year, that effect generally fades unless a student's subsequent
teachers are equally effective, with half the gains being lost
the following year, and nearly all of the gains being lost
within two years.\9\ In order for students to have significant
learning gains year after year, whole schools must be high-
functioning and led by effective principals with effective
teachers across the school. This is especially vital for
turnaround schools, where studies find no examples of success
without effective principal leadership.
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\8\Marzano, R. J., Waters, T., & McNulty, B., ``School Leadership
that Works: From Research to Results,'' Association for Supervision and
Curriculum Development (2005).
\9\Kane, T. J., & Staiger, D. O., ``Estimating Teacher Impacts on
Student Achievement: An Experimental Evaluation,'' National Bureau of
Economic Research (2008).
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ESSENTIAL DROPOUT PREVENTION SERVICES
Committee Democrats additionally believe that academic
tutoring, summer bridge programs, early identification of at
risk students, and dropout recovery efforts--all programs
eliminated in H.R. 1891--are also essential services for
student success. As a whole, federal policy does not address
the needs of students in middle and high schools. At a time
when our standing in the global economy depends more than ever
on graduating an educated and skilled workforce, this lack of
focus is dangerous. Eliminating the few effective programs we
do have for dropout prevention is unacceptable. We need to
invest in what works.
According to the Alliance for Excellent Education, minority
students are disproportionately represented in the nation's
dropout statistics: only 56 percent of Latino students, 54
percent of African American students, and 51 percent of
American Indian and Alaska Native students graduate with a
regular diploma compared to 77 percent of white students and 81
percent of Asian Americans.\10\
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\10\Alliance for Excellent Education, ``About the Crisis,''
available at: http://www.all4ed.org/about_the_crisis.
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One example of a successful model for dropout prevention
services is the Talent Development High School model, which is
a comprehensive school reform initiative that targets some of
the most troubled schools in the country. Findings from an
independent evaluation of the first five high schools to begin
using the model in the School District of Philadelphia found
that Talent Development produced substantial gains in
attendance, academic course credits earned, and promotion rates
during students' first year of high school. These impacts
emerged in the first year of implementation and were reproduced
as the model was extended to other schools in the district and
as subsequent cohorts of students entered the ninth grade. In
addition, the improvements in credits earned and promotion
rates for ninth-graders were sustained as students moved
through high school. Improvements in student performance on the
eleventh grade state standards assessment emerged in later
cohorts of students due to the comprehensive and intensive
elements of the model that were extended beyond the ninth
grade. There are also early indications that Talent Development
is improving graduation rates.\11\ Committee Democrats believe
Congress should support more successful dropout prevention
models, such as the Talent Development School model. More
resources are needed at the middle and high school levels to
stem the dropout crisis in our country, yet H.R. 1891 would
eliminate support for dropout programs.
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\11\James J. Kemple, Corinne M. Herlihy, and Thomas J. Smith,
``Making Progress Toward Graduation, Evidence from the Talent
Development High School Model,'' MDRC (May 2005). Available at: http://
www.mdrc.org/publications/408/overview.html.
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ESSENTIAL SERVICES TO PREVENT NARROWING OF THE CURRICULUM
In the years following the passage of No Child Left
Behind,\12\ one of the most consistent concerns heard from
parents, teachers, and principals is that the law led to the
narrowing of the curriculum for students. In some districts and
schools the intense focus on increasing achievement in reading
and math among students unintentionally came at the expense of
other subjects such as foreign languages, the arts, history,
and financial and economic education.
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\12\P.L. 107-110.
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Passage of H.R. 1891 demonstrates that the Majority is not
listening to concerns from communities. Instead of arbitrarily
cutting program services, Committee Democrats believe in
supporting states and districts to provide students with a
well-rounded education that meets educational demands and the
needs of a global economy. Committee Democrats believe that
current law grant programs must be reformed and that the status
quo is not working effectively as it could. Funding for
services must be administratively easier to apply for and
better address the needs of students, and there must also be
more flexibility in how funds for services are used.
FUNDING CUTS
The Majority seems to believe that the remaining education
programs not eliminated in H.R. 1891 will be robust enough to
maintain all essential services to students. However, the
Fiscal Year 2012 (FY 12) Republican budget includes significant
funding cuts to these remaining programs. The remaining
programs will be forced to do much more with much fewer
resources. As a result, services to students will be lost and
academic achievement is sure to suffer.
For example, the Majority claims that programs supporting
the following activities are duplicative of Title I: literacy
instruction; Native Hawaiians and Alaska Natives education;
dropout prevention programs; and activities to support a well-
rounded education. Yet the FY12 Republican budget cuts Title I
funding by more than $550 million. This cut to Title I will
mean 2,400 schools serving nearly a million low-income students
will lose funding and nearly 10,000 teachers and aides could
lose their jobs. This cut would make it impossible for Title I
to cover the essential services to students eliminated in H.R.
1891.
In addition, Committee Republicans of the Education and
Workforce Committee have claimed that education funding has
exponentially increased while student achievement has gone
down. This claim is clearly inaccurate. Federal funding through
ESEA has gone predominately to elementary schools. Students in
elementary grades have seen increases in achievement. For
example, according to the NAEP chart below, there were
significant gains among all 4th graders from 1999 to 2008.\13\
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\13\National Assessment of Educational Progress (2008). Available
at: http://nces.ed.gov/nationsreportcard.
Unfortunately, only 17 percent of eligible low performing
high schools received funding from the School Improvement Grant
program, leaving 2,500 low performing high schools without
federal support. For high school age students achievement gaps
remain wide.
Researchers at Johns Hopkins University have identified
almost 2,000 high schools (about 13 percent of American high
schools) where the typical freshman class shrinks by 40 percent
or more by the time the students reach their senior year. These
``dropout factories'' serve large numbers of minority and low-
income students, and have fewer resources and less-qualified
teachers than schools in more affluent neighborhoods with
larger numbers of white students. In fact, 38 percent of
African American students and 33 percent of Latino students
attend dropout factories.\14\
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\14\Balfanz, R.and Legters, N., ``Locating the Drop Out Crisis''
(Sept. 2004). Available at: http://www.csos.jhu.edu/crespar/
techReports/Report70.pdf.
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Clearly now is not the time to be eliminating dropout
prevention funding, yet the Majority eliminates essential
dropout prevention services to students in H.R. 1891.
AMENDMENTS
Due to the detrimental effect H.R. 1891 would have on
students and schools, Committee Democrats offered a series of
amendments to ensure students have access to essential services
that improve student outcomes, increase academic achievement,
and graduate students who are college and career ready. The
amendments simply refined current law programs and added
support for public/private partnerships to enhance the delivery
of services. The amendments consolidated critical functions
from the programs being eliminated by H.R. 1891 in order to
salvage those services for schools and students. The amendments
provided that the services restored would not be duplicated
elsewhere. The following Democratic amendments were offered but
defeated due to the opposition of Committee Republicans:
Mr. Kildee, Mr. Hinojosa, and Mr. Grijalva offered an
amendment to restore essential literacy services to students by
amending the Reading First program under current law to provide
students in pre-kindergarten through grade twelve literacy
(reading and writing) services, including through school
libraries and family literacy programs. The amendment was
defeated 16-23.
Mr. Holt and Ms. Woolsey offered an amendment that would
have ensured that the Federal government is not contributing to
the narrowing of curriculum in schools by amending the Fund for
the Improvement of Education (FIE) to support foreign language
learning, arts education, and the teaching of American history
through: professional development; the development of state
standards and assessments; school-based student activities;
distance learning and other technology needs related to the
development of rigorous academic courses and curricula;
services for gifted and talented students and any other
activities related to the development of rigorous academic
courses and curricula. The amendment was defeated 16-23.
Mr. Loebsack offered an amendment to restore support
services to students that are lost through H.R. 1891,
including: crisis intervention services; mental health
services; expanding counseling services through qualified
school counselors, school social workers, school psychologists,
other qualified psychologists, or child and adolescent
psychiatrists; providing in-service training for teachers,
instructional staff, and appropriate school personnel; efforts
to effectively engage parents, families, and communities in the
education of their children; and programs that enable students
to participate actively in physical education activities
(including through staff and teacher training and education).
The amendment was defeated 16-23.
Ms. Davis offered an amendment that would have ensured that
critical support for teachers and leaders is not lost as a
result of H.R. 1891, including: the development of teacher
standards; outreach, and teacher recruitment, and teacher
support programs, related to teacher certification or
continuing education; programs to assist high-need local
educational agencies in recruiting and training principals; and
professional development programs in instructional leadership
and management. The amendment was defeated 16-23.
Mr. Scott, Mr. Hinojosa, and Mr. Grijalva offered an
amendment to ensure that the Federal government is not
contributing to the dropout crisis in this country by providing
support for critical services including: strategies to identify
and serve students most at risk of dropping out; strengthening
teacher effectiveness; making education more relevant for
students through career-themed education and strategies;
ensuring that every student has a relationship with school
personnel and a plan to graduate; and providing summer
opportunities for at-risk students, to reduce summer learning
loss. The amendment was defeated 16-23.
Ms. Hirono offered an amendment to strike the repeal of the
Native Hawaiian Education Act and the Alaska Native Educational
Equity Act. These competitive grant programs ensure that Native
Hawaiian and Alaska Native students continue to receive quality
education through rigorous culturally based curricula and
educational programs. A similar amendment, offered earlier this
year by Mr. Young of Alaska and Ms. Hirono, to restore these
programs, passed with bipartisan support during floor
consideration of H.R. 1.\15\ Mr. Young and Ms. Hirono also sent
a letter in support of these programs during the Education and
the Workforce Committee markup. The amendment was defeated 16-
23.
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\15\Full-Year Continuing Appropriations Act, 2011.
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CONCLUSION
The current state of the public education system is
hindering the economic performance of the nation. Comprehensive
reform of ESEA is essential to closing the achievement gap,
eliminating the dropout problem, and ensuring that all students
graduate from high school prepared for college and careers.
Committee Democrats do not believe eliminating essential
services to students in the manner undertaken by H.R. 1891 will
create efficiencies or improve the performance of school
districts or students. True reform efforts will.
According to the Alliance for Excellent Education, nearly
600,000 students dropped out from the Class of 2008. By
graduating just half of these students, they together would
earn $4.1 billion in additional wages over the course of an
average year, and as incomes grow, so too would local tax
revenues--by nearly $536 million during the average year.\16\
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\16\Alliance for Excellent Education, ``The Economic Benefits from
Halving the Dropout Rate--A Boom to Businesses in the Nation's Largest
Metropolitan Areas'' (Jan. 2010). Available at: http://www.all4ed.org/
files/EconBeneCityCardBooklet011210.pdf.
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Committee Democrats believe true reform includes updating
the law to respond to student, parent, local, and national
needs through college and career-ready standards, modernizing
the teaching and learning workforce, and modernizing the system
to provide States and districts with easier access to federal
funds and more flexibility to use those funds while still
maintaining a strong system of accountability for all students.
George Miller,
Senior Democratic Member.
Dale E. Kildee.
Robert E. Andrews.
Dennis J. Kucinich.
Lynn C. Woolsey.
Timothy H. Bishop.
Dave Loebsack.
Bobby C. Scott.
Mazie K. Hirono.
John F. Tierney.
Donald M. Payne.
Ruben Hinojosa.
Raul M. Grijalva.
Carolyn McCarthy.
David Wu.
Rush D. Holt.
Susan A. Davis.