HR 2 RFS
106th CONGRESS
1st Session
H. R. 2
IN THE SENATE OF THE UNITED STATES
October 25, 1999
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To send more dollars to the classroom and for certain other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Student Results Act of
1999'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--STUDENT RESULTS
Part A--Basic Program
Sec. 101. Low-achieving children meet high standards.
Sec. 102. Purposes and intent.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation and allocation.
Sec. 106. Local educational agency plans.
Sec. 107. Eligible school attendance areas.
Sec. 108. Schoolwide programs.
Sec. 109. Targeted assistance schools.
Sec. 111. Pupil safety and family school choice.
Sec. 112. Assessment and local educational agency and school
improvement.
Sec. 113. State assistance for school support and improvement.
Sec. 114. Academic achievement awards program.
Sec. 115. Parental involvement changes.
Sec. 116. Qualifications for teachers and paraprofessionals.
Sec. 117. Professional development.
Sec. 118. Participation of children enrolled in private schools.
Sec. 119. Coordination requirements.
Sec. 120. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 121. Amounts for grants.
Sec. 122. Basic grants to local educational agencies.
Sec. 123. Concentration grants.
Sec. 124. Targeted grants.
Sec. 125. Special allocation procedures.
Sec. 126. Secular, neutral, and nonideological.
Part B--Education of Migratory Children
Sec. 131. State allocations.
Sec. 132. State applications; services.
Sec. 133. Authorized activities.
Sec. 134. Coordination of migrant education activities.
Part C--Neglected or Delinquent Youth
Sec. 141. Neglected or delinquent youth.
Sec. 143. Allocation of funds.
Sec. 144. State plan and State agency applications.
Sec. 147. Transition services.
Sec. 148. Programs operated by local educational agencies.
Sec. 149. Local educational agency applications.
Sec. 151. Program requirements.
Sec. 152. Program evaluations.
Part D--General Provisions
Sec. 161. General provisions.
Part E--Comprehensive School Reform
Sec. 171. Comprehensive school reform.
TITLE II--MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL CHOICE
Sec. 201. Magnet schools assistance.
Sec. 202. Continuation of awards.
TITLE III--TEACHER LIABILITY PROTECTION
Sec. 301. Teacher liability protection.
TITLE IV--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
Subtitle A--Elementary and Secondary Education Act of 1965
Part B--Native Hawaiian Education
Sec. 402. Native Hawaiian education.
Part C--Alaska Native Education
Sec. 403. Alaska Native education.
Subtitle B--Amendments to the Education Amendments of 1978
Sec. 410. Amendments to the Educations Amendments of 1978.
Subtitle C--Tribally Controlled Schools Act of 1988
Sec. 420. Tribally controlled schools.
TITLE V--GIFTED AND TALENTED CHILDREN
Sec. 501. Amendment to esea relating to gifted and talented
children.
TITLE VI--RURAL EDUCATION ASSISTANCE
Sec. 601. Rural education.
TITLE VII--MCKINNEY HOMELESS EDUCATION IMPROVEMENTS ACT OF 1999
Sec. 704. Education for homeless children and youth.
TITLE VIII--SCHOOLWIDE PROGRAM ADJUSTMENT
Sec. 801. Schoolwide funds.
TITLE IX--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND EMERGENCY
IMMIGRANT EDUCATION
Sec. 901. Programs authorized.
Sec. 902. Conforming amendment to Department of Education Organization
Act.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a title,
chapter, part, subpart, section, subsection, or other provision, the reference
shall be considered to be made to a title, chapter, part, subpart, section,
subsection, or other provision of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6301 et seq.).
TITLE I--STUDENT RESULTS
PART A--BASIC PROGRAM
SEC. 101. LOW-ACHIEVING CHILDREN MEET HIGH STANDARDS.
The heading for title I is amended by striking `DISADVANTAGED' and
inserting `LOW-ACHIEVING'.
SEC. 102. PURPOSES AND INTENT.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
`SEC. 1001. FINDINGS; STATEMENT OF PURPOSE; AND RECOGNITION OF NEED.
`(a) FINDINGS- Congress finds the following:
`(1) Schools that enroll high concentrations of children living in
poverty face the greatest challenges but effective educational strategies
based on scientifically based research can succeed in educating children to
high standards.
`(2) High-poverty schools are much more likely to be identified as
failing to meet State standards for satisfactory progress. As a result,
these schools are generally the most in need of additional resources and
technical assistance to build the capacity of these schools to address the
many needs of their students.
`(3) The educational progress of children participating in programs
under this title is closely associated with their being taught by a highly
qualified staff, particularly in schools with the highest concentrations of
poverty, where paraprofessionals, uncertified teachers, and teachers
teaching out of field frequently provide instructional services.
`(4) Congress and the public would benefit from additional data in order
to evaluate the efficacy of the changes made to this title in the Improving
America's Schools Act of 1994.
`(5) States, local educational agencies, and schools should be given as
much flexibility as possible in exchange for greater accountability for
improving student achievement.
`(6) Programs funded under this part must demonstrate increased
effectiveness in improving schools in order to ensure all children achieve
to high standards.
`(b) PURPOSE AND INTENT- The purpose and intent of this title are to
ensure that all children have a fair and equal opportunity to obtain a high
quality education.
`(c) RECOGNITION OF NEED- The Congress recognizes the following:
`(1) Educational needs are particularly great for low-achieving children
in our Nation's highest-poverty schools, children with limited English
proficiency, children of migrant workers, children with disabilities, Indian
children, children who are neglected or delinquent and young children and
their parents who are in need of family literacy services.
`(2) Despite more than 3 decades of Federal assistance, a sizable
achievement gap remains between minority and nonminority students, and
between disadvantaged students and their more advantaged peers.
`(3) Too many students must attend local schools that fail to provide
them with a quality education, and are given no alternatives to enable them
to receive a quality education.
`(4) States, local educational agencies and schools should be held
accountable for improving the academic achievement of all students, and for
identifying and turning around low-performing schools.
`(5) Federal education assistance is intended not only to increase pupil
achievement overall, but also more specifically and importantly, to help
ensure that all pupils, especially the disadvantaged, meet challenging
standards for curriculum content and pupil performance. It can only be
determined if schools, local educational agencies, and States, are reaching
this goal if pupil achievement results are reported specifically by
disadvantaged and minority status.'.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
(a) LOCAL EDUCATIONAL AGENCY GRANTS- Subsection (a) of section 1002 (20
U.S.C. 6302(a)) is amended by striking `$7,400,000,000 for fiscal year 1995'
and inserting `$9,850,000,000 for fiscal year 2000'.
(b) EDUCATION OF MIGRATORY CHILDREN- Subsection (c) of section 1002 (20
U.S.C. 6302(c)) is amended by striking `$310,000,000 for fiscal year 1995' and
inserting `$400,000,000 for fiscal year 2000'.
(c) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH WHO ARE NEGLECTED,
DELINQUENT, OR AT RISK OF DROPPING OUT- Subsection (d) of section 1002 (20
U.S.C. 6302(d)) is amended by striking `$40,000,000 for fiscal year 1995' and
inserting `$50,000,000 for fiscal year 2000'.
(d) CAPITAL EXPENSES- Subsection (e) of section 1002 (20 U.S.C. 6302(e))
is amended to read as follows:
`(e) CAPITAL EXPENSES- For the purpose of carrying out section 1120(e),
there are authorized to be appropriated $15,000,000 for fiscal year 2000,
$15,000,000 for fiscal year 2001, and $5,000,000 for fiscal year 2002.'.
(e) ADDITIONAL ASSISTANCE- Subsection (f) of section 1002 is amended to
read as follows:
`(f) SCHOOL IMPROVEMENT- Each State may reserve for the purpose of
carrying out its duties under section 1116 and 1117, the greater of one half
of 1 percent of the amount allocated under this part, or $200,000.'.
(f) STATE ADMINISTRATION- Section 1002 is amended by adding at the end the
following:
`(h) STATE ADMINISTRATION-
`(1) STATE RESERVATION- Each State may reserve, from the grants it
receives under parts A, C, and D, of this title, an amount equal to the
greater of 1 percent of the amount it received under parts A, C, and D, for
fiscal year 1999, or $400,000 ($50,000 for each outlying area), to carry out
administrative duties assigned under parts A, C, and D.
`(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $10,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the four succeeding fiscal years for additional State
administration grants. Any such additional grants shall be allocated among
the States in proportion to the grants received by each State for that
fiscal year under parts A, C, and D of this title.
`(3) SPECIAL RULE- The amount allocated to each State under this
subsection may not exceed the amount of State funds expended by the State
educational agency to administer elementary and secondary education programs
in such State.'.
SEC. 104. RESERVATION AND ALLOCATION.
Section 1003 (20 U.S.C. 6303) is repealed.
SEC. 105. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
`SEC. 1111. STATE PLANS.
`(1) IN GENERAL- Any State desiring to receive a grant under this part
shall submit to the Secretary a plan, developed in consultation with local
educational agencies, teachers, pupil services personnel, administrators
(including administrators of programs described in other parts of this
title), other staff, and parents, that satisfies the requirements of this
section and that is coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl D. Perkins Vocational
and Technical Education Act of 1998, and the Head Start Act.
`(2) CONSOLIDATED PLAN- A State plan submitted under paragraph (1) may
be submitted as part of a consolidated plan under section 14302.
`(b) STANDARDS, ASSESSMENTS, AND ACCOUNTABILITY-
`(1) CHALLENGING STANDARDS- (A) Each State plan shall demonstrate that
the State has adopted challenging content standards and challenging student
performance standards that will be used by the State, its local educational
agencies, and its schools to carry out this part, except that a State shall
not be required to submit such standards to the Secretary.
`(B) The standards required by subparagraph (A) shall be the same
standards that the State applies to all schools and children in the
State.
`(C) The State shall have such standards for elementary and secondary
school children served under this part in subjects determined by the State,
but including at least mathematics, reading or language arts, and science,
which shall include the same knowledge, skills, and levels of performance
expected of all children.
`(D) Standards under this paragraph shall include--
`(i) challenging content standards in academic subjects
that--
`(I) specify what children are expected to know and be able to
do;
`(II) contain coherent and rigorous content; and
`(III) encourage the teaching of advanced skills;
`(ii) challenging student performance standards that--
`(I) are aligned with the State's content standards;
`(II) describe two levels of high performance, proficient and
advanced, that determine how well children are mastering the material in
the State content standards; and
`(III) describe a third level of performance, basic, to provide
complete information about the progress of the lower performing children
toward achieving to the proficient and advanced levels of
performance.
`(E) For the subjects in which students will be served under this part,
but for which a State is not required by subparagraphs (A), (B), and (C) to
develop, and has not otherwise developed such standards, the State plan
shall describe a strategy for ensuring that such students are taught the
same knowledge and skills and held to the same expectations as are all
children.
`(2) ADEQUATE YEARLY PROGRESS-
`(A) IN GENERAL- Each State plan shall demonstrate, based on
assessments described under paragraph (4), what constitutes adequate
yearly progress of--
`(i) any school served under this part toward enabling all children
to meet the State's challenging student performance
standards;
`(ii) any local educational agency that received funds under this
part toward enabling all children in schools receiving assistance under
this part to meet the State's challenging student performance standards;
and
`(iii) the State in enabling all children in schools receiving
assistance under this part to meet the State's challenging student
performance standards.
`(B) DEFINITION- Adequate yearly progress shall be defined in a manner
that--
`(i) applies the same high standards of academic performance to all
students in the State;
`(ii) takes into account the progress of all students in the State
and in each local educational agency and school served under section
1114 or 1115;
`(iii) uses the State challenging content and challenging student
performance standards and assessments described in paragraphs (1) and
(4);
`(iv) compares separately, within each State, local educational
agency, and school, the performance and progress of students by gender,
each major ethnic and racial group, by English proficiency status, by
migrant status, by students with disabilities as compared to nondisabled
students, and by economically disadvantaged students as compared to
students who are not economically disadvantaged (except that such
disaggregation shall not be required in a case in which the number of
students in a category is insufficient to yield statistically reliable
information or the results would reveal individually identifiable
information about an individual student);
`(v) compares the proportions of students at the `basic',
`proficient', and `advanced' levels of performance with the proportions
of students at each of the 3 levels in the same grade in the previous
school year;
`(vi) at the State's discretion, may also include other academic
measures such as promotion, completion of college preparatory courses,
and high school completion, except that inclusion of such other measures
may not change which schools or local educational agencies would
otherwise be subject to improvement or corrective action under section
1116 if the discretionary indicators were not included;
`(vii) includes annual numerical goals for improving the performance
of all groups specified in clause (iv) and narrowing gaps in performance
between these groups; and
`(viii) includes a timeline for ensuring that each group of students
described in clause (iv) meets or exceeds the State's proficient level
of performance on each State assessment used for the purposes of section
1111 and section 1116 within 10 years from the date of the enactment of
the Student Results Act of 1999.
`(C) ANNUAL IMPROVEMENT FOR STATES- For a State to make adequate
yearly progress under subparagraph (A)(iii), not less than 90 percent of
the local educational agencies within its jurisdiction shall meet the
State's criteria for adequate yearly progress.
`(D) ANNUAL IMPROVEMENT FOR LOCAL EDUCATIONAL AGENCIES- For a local
educational agency to make adequate yearly progress under subparagraph
(A)(ii), not less than 90 percent of the schools within its jurisdiction
must meet the State's criteria for adequate yearly progress.
`(E) ANNUAL IMPROVEMENT FOR SCHOOLS- For a school to make adequate
yearly progress under subparagraph (A)(i), not less than 90 percent of
each group of students described in subparagraph (A)(iv) who are enrolled
in such school are required to take the assessments consistent with
section 612(a)(17)(A) of the Individuals with Disabilities Education Act
and paragraph (4)(F)(iv) on which adequate yearly progress is
based.
`(F) PUBLIC NOTICE AND COMMENT- Each State shall ensure that in
developing its plan for adequate yearly progress, it diligently seeks
public comment from a range of institutions and individuals in the State
with an interest in improved student achievement and that the State makes
and will continue to make a substantial effort to ensure that information
under this part is widely known and understood by the public, parents,
teachers, and school administrators throughout the State. Such efforts
shall include, at a minimum, publication of such information and
explanatory text, broadly to the public through such means as the
Internet, the media, and public agencies.
`(G) REVIEW- The Secretary shall review the information from States on
the adequate yearly progress of schools and local educational agencies
required under subparagraphs (A) and (B) for the purpose of determining
State and local compliance with section 1116.
`(3) STATE AUTHORITY- If a State educational agency provides evidence,
which is satisfactory to the Secretary, that neither the State educational
agency nor any other State government official, agency, or entity has
sufficient authority, under State law, to adopt curriculum content and
student performance standards, and assessments aligned with such standards,
which will be applicable to all students enrolled in the State's public
schools, then the State educational agency may meet the requirements of this
subsection by--
`(A) adopting standards and assessments that meet the requirements of
this subsection, on a statewide basis, limiting their applicability to
students served under this part; or
`(B) adopting and implementing policies that ensure that each local
educational agency in the State which receives grants under this part will
adopt curriculum content and student performance standards, and
assessments aligned with such standards, which meet all of the criteria in
this subsection and any regulations regarding such standards and
assessments which the Secretary may publish, and which are applicable to
all students served by each such local educational agency.
`(4) ASSESSMENTS- Each State plan shall demonstrate that the State has
implemented a set of high-quality, yearly student assessments that include,
at a minimum, assessments in mathematics, reading or language arts, and
science, that will be used, starting not later than the 2000-2001 school
year, as the primary means of determining the yearly performance of each
local educational agency and school served under this title in enabling all
children served under this part to meet the State's challenging student
performance standards. Such assessments shall--
`(A) be the same assessments used to measure the performance of all
children, if the State measures the performance of all children;
`(B) be aligned with the State's challenging content and student
performance standards and provide coherent information about student
attainment of such standards;
`(C) be used for purposes for which such assessments are valid and
reliable, and be consistent with relevant, nationally recognized
professional and technical standards for such assessments;
`(D) measure the proficiency of students in the academic subjects in
which a State has adopted challenging content and student performance
standards and be administered not less than one or more times
during--
`(ii) grades 6 through 9; and
`(iii) grades 10 through 12;
`(E) involve multiple up-to-date measures of student performance,
including measures that assess higher order thinking skills and
understanding;
`(i) the participation in such assessments of all
students;
`(ii) the reasonable adaptations and accommodations for students
with disabilities defined under 602(3) of the Individuals with
Disabilities Education Act necessary to measure the achievement of such
students relative to State content and State student performance
standards;
`(iii) the inclusion of limited English proficient students who
shall be assessed, to the extent practicable, in the language and form
most likely to yield accurate and reliable information on what such
students know and can do in content areas;
`(iv) notwithstanding clause (iii), the assessment (using tests
written in English) of reading or language arts of any student who has
attended school in the United States (not including Puerto Rico) for
three or more consecutive school years, except if the local educational
agency determines, on a case-by-case individual basis, that assessments
in another language and form would likely yield more accurate and
reliable information on what such students know and can do, the local
educational agency may assess such students in the appropriate language
other than English for one additional year; and
`(G) include students who have attended schools in a local educational
agency for a full academic year but have not attended a single school for
a full academic year, except that the performance of students who have
attended more than one school in the local educational agency in any
academic year shall be used only in determining the progress of the local
educational agency;
`(H) provide individual student reports, which include assessment
scores, or other information on the attainment of student performance
standards; and
`(I) enable results to be disaggregated within each State, local
educational agency, and school by gender, by each major racial and ethnic
group, by English proficiency status, by migrant status, by students with
disabilities as compared to nondisabled students, and by economically
disadvantaged students as compared to students who are not economically
disadvantaged.
`(A) IN GENERAL- Assessment measures that do not meet the requirements
of paragraph (4)(C) may be included as one of the multiple measures, if a
State includes in the State plan information regarding the State's efforts
to validate such measures.
`(B) STUDENT PROFICIENCY IN GRADES K-2- States may measure the
proficiency of students in the academic subjects in which a State has
adopted challenging content and student performance standards one or more
times during grades K-2.
`(6) LANGUAGE ASSESSMENTS- Each State plan shall identify the languages
other than English that are present in the participating student population
and indicate the languages for which yearly student assessments are not
available and are needed. The State shall make every effort to develop such
assessments and may request assistance from the Secretary if linguistically
accessible assessment measures are needed. Upon request, the Secretary shall
assist with the identification of appropriate assessment measures in the
needed languages, but shall not mandate a specific assessment or mode of
instruction.
`(7) ASSESSMENT DEVELOPMENT- A State shall develop, and implement State
assessments that are aligned to challenging State content standards that
include, at a minimum, mathematics and reading or language arts by the
2000-2001 school year.
`(8) REQUIREMENT- Each State plan shall describe--
`(A) how the State educational agency will assist each local
educational agency and school affected by the State plan to develop the
capacity to comply with each of the requirements of sections
1112(c)(1)(D), 1114(c), and 1115(c) that is applicable to such agency or
school; and
`(B) such other factors the State considers appropriate to provide
students an opportunity to achieve the knowledge and skills described in
the challenging content standards adopted by the State.
`(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING- Each State plan
shall contain assurances that--
`(1) the State educational agency will work with other agencies,
including educational service agencies or other local consortia, and
institutions to provide technical assistance to local educational agencies
and schools to carry out the State educational agency's responsibilities
under this part, including technical assistance in providing professional
development under section 1119 and technical assistance under section 1117;
and
`(2)(A) where educational service agencies exist, the State educational
agency will consider providing professional development and technical
assistance through such agencies; and
`(B) where educational service agencies do not exist, the State
educational agency will consider providing professional development and
technical assistance through other cooperative agreements such as through a
consortium of local educational agencies;
`(3) the State educational agency will notify local educational agencies
and the public of the content and student performance standards and
assessments developed under this section, and of the authority to operate
schoolwide programs, and will fulfill the State educational agency's
responsibilities regarding local educational agency improvement and school
improvement under section 1116, including such corrective actions as are
necessary;
`(4) the State educational agency will provide the least restrictive and
burdensome regulations for local educational agencies and individual schools
participating in a program assisted under this part;
`(5) the State educational agency will inform the Secretary and the
public of how Federal laws, if at all, hinder the ability of States to hold
local educational agencies and schools accountable for student academic
performance;
`(6) the State educational agency will encourage schools to consolidate
funds from other Federal, State, and local sources for schoolwide reform in
schoolwide programs under section 1114;
`(7) the State educational agency will modify or eliminate State fiscal
and accounting barriers so that schools can easily consolidate funds from
other Federal, State, and local sources for schoolwide programs under
section 1114;
`(8) the State educational agency has involved the committee of
practitioners established under section 1603(b) in developing the plan and
monitoring its implementation; and
`(9) the State educational agency will inform local educational agencies
of the local educational agency's authority to obtain waivers under title
XIV and, if the State is an Ed-Flex Partnership State, waivers under the
Education Flexibility Partnership Act of 1999 (30 U.S.C. 589a et
seq.).
`(d) PEER REVIEW AND SECRETARIAL APPROVAL-
`(1) SECRETARIAL DUTIES- The Secretary shall--
`(A) establish a peer review process to assist in the review of State
plans;
`(B) approve a State plan after its submission unless the Secretary
determines that the plan does not meet the requirements of this
section;
`(C) if the Secretary determines that the State plan does not meet the
requirements of subsection (a), (b), or (c), immediately notify the State
of such determination and the reasons for such determination;
`(D) not decline to approve a State's plan before--
`(i) offering the State an opportunity to revise its
plan;
`(ii) providing technical assistance in order to assist the State to
meet the requirements under subsections (a), (b), and (c);
and
`(iii) providing a hearing;
`(E) have the authority to disapprove a State plan for not meeting the
requirements of this part, but shall not have the authority to require a
State, as a condition of approval of the State plan, to include in, or
delete from, such plan one or more specific elements of the State's
content standards or to use specific assessment instruments or items;
and
`(2) STATE REVISIONS- States shall revise their plans if necessary to
satisfy the requirements of this section. Revised plans shall be submitted
to the Secretary for approval not later than 1 year after the date of the
enactment of the Student Results Act of 1999.
`(e) DURATION OF THE PLAN-
`(1) IN GENERAL- Each State plan shall--
`(A) be submitted for the first year for which this part is in effect
after the date of the enactment of the Student Results Act of
1999;
`(B) remain in effect for the duration of the State's participation
under this part; and
`(C) be periodically reviewed and revised by the State, as necessary,
to reflect changes in the State's strategies and programs under this
part.
`(2) ADDITIONAL INFORMATION- If the State makes significant changes in
its plan, such as the adoption of new State content standards and State
student performance standards, new assessments, or a new definition of
adequate yearly progress, the State shall submit such information to the
Secretary.
`(f) LIMITATION ON CONDITIONS- Nothing in this part shall be construed to
authorize an officer or employee of the Federal Government to mandate, direct,
or control a State, local educational agency, or school's specific
instructional content or student performance standards and assessments,
curriculum, or program of instruction, as a condition of eligibility to
receive funds under this part.
`(1) IN GENERAL- If a State fails to meet the statutory deadlines for
demonstrating that it has in place challenging content standards and student
performance standards and assessments, and a system for measuring and
monitoring adequate yearly progress, the State shall be ineligible to
receive any administrative funds under section 1002(h) that exceed the
amount received by the State for such purpose in the previous year.
`(2) ADDITIONAL FUNDS- Based on the extent to which such content
standards, performance standards, assessments, and monitoring of adequate
yearly progress, are not in place, additional administrative funds shall be
withheld in such amount as the Secretary determines appropriate, except that
for each additional year that the State fails to comply with such
requirements, the Secretary shall withhold not less than one-fifth of the
amount the State receives for administrative expenses under section
1002(h).
`(3) WAIVER- Notwithstanding title XIV of this Act and the Education
Flexibility Partnership Act or any other provision of law, a waiver shall
not be granted except that a State may request a 1-time, 1-year waiver to
meet the requirements of this section.'.
`(A) ANNUAL REPORT- Except as provided in subparagraph (C), not later
than the beginning of the 2001-2002 school year, a State that receives
assistance under this Act shall prepare and disseminate an annual report
on all schools that receive funds under this part. States and local
educational agencies may issue report cards under this section only for
local educational agencies and schools receiving funds under this part,
except that if a State or local educational agency issues a report card
for all students, the State or local educational agency may include the
information under this section as part of such report card.
`(B) IMPLEMENTATION- The State shall ensure the dissemination of this
information at all levels. Such information shall be--
`(ii) presented in a format and manner that parents can understand,
and which, to the extent practicable, shall be in a language the parents
can understand.
`(C) PUBLIC DISSEMINATION- In the event the State does not include
such information through a report card, the State shall, not later than
the beginning of the 2001-2002 school year, publicly report the
information described in paragraph (2) through other public means, such as
posting on the Internet, distribution to the media, and distribution
through public agencies, for all schools that receive funds under this
part.
`(2) CONTENT OF ANNUAL STATE REPORTS-
`(A) REQUIRED INFORMATION- The State shall, at a minimum, include in
the annual State reports information for the State on each local
educational agency and school receiving funds under this part
regarding--
`(i) student performance on statewide assessments for the current
and preceding years in at least mathematics, reading or language arts,
and science, including--
`(I) a comparison of the proportions of students who performed at
`basic', `proficient', and `advanced' levels in each subject area, for
each grade level at which assessments are required under this part,
with proportions in each of the same three categories at the same
grade levels in the previous school year; and
`(II) a statement of the percentage of students not tested and a
listing of categories of the reasons why they were not
tested;
`(ii) retention in grade, completion of advanced placement courses,
and 4-year graduation rates;
`(iii) the professional qualifications of teachers in the aggregate,
including the percentage of teachers teaching with emergency or
provisional credentials, and the percentage of class sections not taught
by fully qualified teachers; and
`(iv) the professional qualifications of paraprofessionals, the
number of paraprofessionals in the aggregate and the ratio of
paraprofessionals to teachers in the classroom.
`(B) STUDENT DATA- Student data in each report shall contain
disaggregated results for the following categories:
`(ii) racial and ethnic group;
`(iv) students with disabilities, as compared to students who are
not disabled;
`(v) economically disadvantaged students, as compared to students
who are not economically disadvantaged; and
`(vi) students with limited English proficiency, as compared to
students who are proficient in English.
`(C) OPTIONAL INFORMATION- A State may include in its report any other
information it determines appropriate to reflect school quality and school
achievement, including information on average class size by grade level,
and information on school safety, such as the incidence of school violence
and drug and alcohol abuse, and the incidence of student suspensions and
expulsions.
`(3) CONTENT OF LOCAL EDUCATIONAL AGENCIES REPORTS-
`(A) MINIMUM REQUIREMENTS- The State shall ensure that each local
educational agency collects appropriate data and includes in its annual
report for each school that receives funds under this part, at a
minimum--
`(i) the information described in paragraphs (2)(A) and (2)(B) for
each local educational agency and school--
`(I) in the case of a local educational agency--
`(aa) the number and percentage of schools identified for school
improvement, including schools identified under section 1116(c) of this
Act;
`(bb) information that shows how students in its schools perform on
the statewide assessment compared to students in the State as a whole;
`(II) in the case of a school--
`(aa) whether it has been identified for school improvement;
and
`(bb) information that shows how its students performed on the
statewide assessment compared to students in the local educational agency and
the State as a whole.
`(B) OTHER INFORMATION- A local educational agency may include in its
annual reports any other appropriate information whether or not such
information is included in the annual State report.
`(C) PUBLIC DISSEMINATION- In the event the local educational agency
does not include such information through a report card, the local
educational agency shall, not later than the beginning of the 2001-2002
school year, publicly report the information described in paragraph (3)
through other public means, such as posting on the Internet, distribution
to the media, and distribution through public agencies, only for schools
that receive funds under this part, except that if a local educational
agency issues a report card for all students, the local educational agency
may include the information under this section as part of such
report.
`(4) DISSEMINATION AND ACCESSIBILITY OF REPORTS-
`(A) STATE REPORTS- State annual reports under paragraph (2) shall be,
disseminated to all schools and local educational agencies in the State,
and made broadly available to the public through means such as posting on
the Internet, distribution to the media, and distribution through public
agencies.
`(B) LOCAL EDUCATIONAL AGENCY REPORTS- Local educational agency
reports under paragraph (3) shall be disseminated to all schools receiving
funds under this part, in the school district and to all parents of
students attending these schools and made broadly available to the public
through means such as posting on the Internet, distribution to the media,
and distribution through public agencies.
`(5) PARENTS RIGHT-TO-KNOW-
`(A) QUALIFICATIONS- A local educational agency that receives funds
under this part shall provide, upon request, in an understandable and
uniform format, to any parent of a student attending any school receiving
funds under this part, information regarding the professional
qualifications of the student's classroom teachers, including, at a
minimum, the following:
`(i) Whether the teacher has met State qualification and licensing
criteria for the grade levels and subject areas in which the teacher
provides instruction.
`(ii) Whether the teacher is teaching under emergency or other
provisional status through which State qualification or licensing
criteria have been waived.
`(iii) The baccalaureate degree major of the teacher and any other
graduate certification or degree held by the teacher, and the field of
discipline of the certification or degree.
`(iv) Whether the child is provided services by paraprofessionals
and the qualifications of such paraprofessional.
`(B) ADDITIONAL INFORMATION- In addition to the information which
parents may request under subparagraph (A), and the information provided
in subsection (c), a school which receives funds under this part shall
provide to each individual parent or guardian--
`(i) information on the level of performance of the individual
student for whom they are the parent or guardian in each of the State
assessments as required under this part; and
`(ii) timely notice that the student for whom they are the parent or
guardian has been assigned or has been taught for two or more
consecutive weeks by a substitute teacher or by a teacher not fully
qualified.
`(6) PLAN CONTENT- A State shall include in its plan under subsection
(b) an assurance that it has in effect a policy that meets the requirements
of this section.
`(i) PRIVACY- Information collected under this section shall be collected
and disseminated in a manner that protects the privacy of individuals.
`(j) SPECIAL RULE ON SCIENCE STANDARDS AND ASSESSMENTS- Notwithstanding
subsections (b) and (h), no State shall be required to meet the requirements
under this title relating to science standards or assessments until the
beginning of the 2005-2006 school year.'.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) SUBGRANTS- Paragraph (1) of section 1112(a) (20 U.S.C. 6312(a)(1)) is
amended by striking `the Goals 2000: Educate America Act' and all that follows
and inserting the following: `the Individuals with Disabilities Education Act,
the Carl D. Perkins Vocational and Technical Education Act of 1998, the Head
Start Act, and other Acts, as appropriate.'.
(b) PLAN PROVISIONS- Subsection (b) of section 1112 (20 U.S.C. 6312(b)) is
amended--
(1) by striking `Each' in the matter preceding paragraph (1) and
inserting `In order to help low-achieving children achieve to high
standards, each';
(A) by striking `part' each place it appears and inserting
`title';
(B) in subparagraph (B), by inserting `low-achieving' before
`children';
(C) by striking `and' at the end of subparagraph (B);
(D) by inserting `and' at the end of subparagraph (C); and
(E) by adding at the end the following new subparagraph:
`(D) determine the literacy levels of first graders and their need for
interventions, and a description of how the local educational agency will
ensure that any such assessments--
`(i) are developmentally appropriate; and
`(ii) use multiple measures to provide information about the variety
of skills that scientifically based research has identified as leading
to early acquisition of reading skills.';
(A) in subparagraph (A), by striking `, and school-to-work transition
programs'; and
(B) in subparagraph (B), by striking `under part C or who were
formerly eligible for services under part C in the 2-year period preceding
the date of the enactment of the Improving America's School Act of 1994,
neglected or delinquent youth and youth at risk of dropping out' and
inserting `under part C, neglected or delinquent youth, Indian children
served under title IX,';
(4) in paragraph (7), by striking `eligible homeless children' and
inserting `homeless children';
(5) by striking the period at the end of paragraph (9) and inserting `;
and'; and
(6) by adding at the end the following new paragraphs:
`(10) a description of the actions the local educational agency will
take to assist its low-performing schools, including schools identified
under section 1116 as in need of improvement;
`(11) a description of how the agency will promote the use of extended
learning time, such as an extended school year and before and after school
and summer programs; and
`(12) a description of the criteria established by the local educational
agency pursuant to section 1119(b)(1).'.
(c) ASSURANCES- Subsection (c) of section 1112 (20 U.S.C. 6312(c)) is
amended to read as follows:
`(1) IN GENERAL- Each local educational agency plan shall provide
assurances that the local educational agency will--
`(A) inform eligible schools and parents of schoolwide project
authority and the ability of such schools to consolidate funds from
Federal, State, and local sources;
`(B) provide technical assistance and support to schoolwide
programs;
`(C) work in consultation with schools as the schools develop the
schools' plans pursuant to section 1114 and assist schools as the schools
implement such plans or undertake activities pursuant to section 1115 so
that each school can make adequate yearly progress toward meeting the
State student performance standards;
`(D) fulfill such agency's school improvement responsibilities under
section 1116, including taking corrective actions under section
1116(b)(9);
`(E) provide services to eligible children attending private
elementary and secondary schools in accordance with section 1120, and
timely and meaningful consultation with private school officials regarding
such services;
`(F) take into account the experience of model programs for the
educationally disadvantaged, and the findings of relevant scientifically
based research indicating that services may be most effective if focused
on students in the earliest grades at schools that receive funds under
this part;
`(G) in the case of a local educational agency that chooses to use
funds under this part to provide early childhood development services to
low-income children below the age of compulsory school attendance, ensure
that such services comply with the performance standards established under
section 641A(a) of the Head Start Act;
`(H) comply with the requirements of section 1119 regarding the
qualifications of teachers and paraprofessionals;
`(I) inform eligible schools of the local educational agency's
authority to obtain waivers on the school's behalf under title XIV of this
Act, and if the State is an Ed-Flex Partnership State, waivers under the
Education Flexibility Partnership Act of 1999; and
`(J) coordinate and collaborate, to the extent feasible and necessary
as determined by the local educational agency, with other agencies
providing services to children, youth, and families.
`(2) SPECIAL RULE- In carrying out subparagraph (G) of paragraph (1) the
Secretary--
`(A) shall consult with the Secretary of Health and Human Services on
the implementation of such subparagraph and shall establish procedures
(taking into consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies to comply with
such subparagraph; and
`(B) upon publication, shall disseminate to local educational agencies
the Head Start performance standards as in effect under section 641A(a) of
the Head Start Act, and such agencies affected by such subparagraph shall
plan for the implementation of such subparagraph (taking into
consideration existing State and local laws, and local teacher contracts),
including pursuing the availability of other Federal, State, and local
funding sources to assist in compliance with such subparagraph.
`(3) INAPPLICABILITY- The provisions of this subsection shall not apply
to preschool programs using the Even Start model or to Even Start programs
which are expanded through the use of funds under this part.'.
(d) PLAN DEVELOPMENT AND DURATION- Section 1112 is amended by striking
subsection (d) and inserting the following:
`(d) PLAN DEVELOPMENT AND DURATION-
`(1) CONSULTATION- Each local educational agency plan shall be developed
in consultation with teachers, administrators (including administrators of
programs described in other parts of this title), and other appropriate
school personnel, and with parents of children in schools served under this
part.
`(2) DURATION- Each such plan shall be submitted for the first year for
which this part is in effect following the date of the enactment of the
Student Results Act of 1999 and shall remain in effect for the duration of
the agency's participation under this part.
`(3) REVIEW- Each such local educational agency shall periodically
review, and as necessary, revise its plan.'.
(e) STATE APPROVAL- Section 1112 (20 U.S.C. 6312(e)) is amended by
striking subsection (e) and inserting the following:
`(1) IN GENERAL- Each local educational agency plan shall be filed
according to a schedule established by the State educational agency.
`(2) APPROVAL- The State educational agency shall approve a local
educational agency's plan only if the State educational agency determines
that the local educational agency's plan--
`(A) will enable schools served under this part to substantially help
children served under this part meet the standards expected of all
children described in section 1111(b)(1); and
`(B) will meet the requirements of this section.'.
(f) PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE INSTRUCTION-
Section 1112 (20 U.S.C. 6312) is amended by adding at the end the
following:
`(g) PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE
INSTRUCTION-
`(1) NOTIFICATION- If a local educational agency uses funds under this
part to provide English language instruction to limited English proficient
children, the agency shall inform a parent or the parents of a child
participating in an English language instruction program for limited English
proficient children assisted under this part of--
`(A) the reasons for the identification of the child as being in need
of English language instruction;
`(B) the child's level of English proficiency, how such level was
assessed, and the status of the child's academic achievement; and
`(C) how the English language instruction program will specifically
help the child acquire English and meet age-appropriate standards for
grade promotion and graduation;
`(D) what the specific exit requirements are for the program;
`(E) the expected rate of graduation from the program into mainstream
classes; and
`(F) the expected rate of graduation from high school for the program
if funds under this part are used for children in secondary
schools.
`(A) AGENCY REQUIREMENTS-
`(i) INFORMED CONSENT- For a child who has been identified as
limited English proficient prior to the beginning of the school year,
each local educational agency that receives funds under this part shall
obtain informed parental consent prior to the placement of a child in an
English language instruction program for limited English proficient
children funded under this part, if--
`(I) the program does not include classes which exclusively or
almost exclusively use the English language in instruction;
or
`(II) instruction is tailored for limited English proficient
children.
`(ii) WRITTEN CONSENT NOT OBTAINED- If written consent is not
obtained, the local educational agency shall maintain a written record
that includes the date and the manner in which such informed consent was
obtained.
`(iii) RESPONSE NOT OBTAINED-
`(I) IN GENERAL- If a response cannot be obtained after a
reasonable and substantial effort has been made to obtain such
consent, the local educational agency shall document that it has given
such notice and its specific efforts made to obtain such
consent.
`(II) DELIVERY OF PROOF OF DOCUMENTATION- The proof of
documentation shall be mailed or delivered in writing to the parents
or guardian of the child prior to placing the child in a program
described under in clause (i), and shall include a final notice
requesting parental consent for such services. After such
documentation has been mailed or delivered in writing, the local
educational agency shall provide appropriate educational
services.
`(III) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR- A local
educational agency may obtain parental consent under this subclause
only for children who have not been identified as limited English
proficient prior to the beginning of a school year. For such children
the agency shall document, in writing, its specific efforts made to
obtain such consent prior to placing the child in a program described
in clause (i). After such documentation has been made, the local
educational agency shall provide appropriate educational services to
such child. The proof of documentation shall be mailed or delivered in
writing to the parents or guardian of the child in a timely manner and
shall include information on how to have their child immediately
removed from the program upon their request. This subclause shall not
be construed as exempting a local educational agency from complying
with the requirements of this subparagraph.
`(B) PARENTAL RIGHTS- A parent or the parents of a child participating
in an English language instruction program for limited English proficient
children assisted under this Act shall--
`(i) select among methods of instruction, if more than one method is
offered in the program; and
`(ii) have the right to have their child immediately removed from
the program upon their request.
`(3) RECEIPT OF INFORMATION- A parent or the parents of a child
identified for participation in an English language instruction program for
limited English proficient children assisted under this part shall receive,
in a manner and form understandable to the parent or parents, the
information required by this subsection. At a minimum, the parent or parents
shall receive--
`(A) timely information about English language instruction programs
for limited English proficient children assisted under this Act;
and
`(B) if a parent of a participating child so desires, notice of
opportunities for regular meetings for the purpose of formulating and
responding to recommendations from such parents.
`(4) BASIS FOR ADMISSION OR EXCLUSION- Students shall not be admitted to
or excluded from any federally assisted education program on the basis of a
surname or language-minority status.'.
SEC. 107. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended to read as follows:
`SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
`(1) IN GENERAL- A local educational agency shall use funds received
under this part only in eligible school attendance areas.
`(2) ELIGIBLE SCHOOL ATTENDANCE AREAS- For the purposes of this
part--
`(A) the term `school attendance area' means, in relation to a
particular school, the geographical area in which the children who are
normally served by that school reside; and
`(B) the term `eligible school attendance area' means a school
attendance area in which the percentage of children from low-income
families is at least as high as the percentage of children from low-income
families in the local educational agency as a whole.
`(3) LOCAL EDUCATIONAL AGENCY DISCRETION-
`(A) IN GENERAL- Notwithstanding paragraph (2), a local educational
agency may--
`(i) designate as eligible any school attendance area or school in
which at least 35 percent of the children are from low-income
families;
`(ii) use funds received under this part in a school that is not in
an eligible school attendance area, if the percentage of children from
low-income families enrolled in the school is equal to or greater than
the percentage of such children in a participating school attendance
area of such agency;
`(iii) designate and serve a school attendance area or school that
is not eligible under subsection (b), but that was eligible and that was
served in the preceding fiscal year, but only for one additional fiscal
year; and
`(iv) elect not to serve an eligible school attendance area or
eligible school that has a higher percentage of children from low-income
families if--
`(I) the school meets the comparability requirements of section
1120A(c);
`(II) the school is receiving supplemental funds from other State
or local sources that are spent according to the requirements of
section 1114 or 1115; and
`(III) the funds expended from such other sources equal or exceed
the amount that would be provided under this part.
`(B) SPECIAL RULE- Notwithstanding subparagraph (A)(iv), the number of
children attending private elementary and secondary schools who are to
receive services, and the assistance such children are to receive under
this part, shall be determined without regard to whether the public school
attendance area in which such children reside is assisted under
subparagraph (A).
`(b) RANKING ORDER- If funds allocated in accordance with subsection (f)
are insufficient to serve all eligible school attendance areas, a local
educational agency--
`(1) shall annually rank from highest to lowest according to the
percentage of children from low-income families in each agency's eligible
school attendance areas in the following order--
`(A) eligible school attendance areas in which the concentration of
children from low-income families exceeds 75 percent; and
`(B) all remaining eligible school attendance areas in which the
concentration of children from low-income families is 75 percent or lower
either by grade span or for the entire local educational agency;
`(2) shall, within each category listed in paragraph (1), serve schools
in rank order from highest to lowest according to the ranking assigned under
paragraph (1);
`(3) notwithstanding paragraph (2), may give priority, within each such
category and in rank order from highest to lowest subject to paragraph (4),
to eligible school attendance areas that serve children in elementary
schools; and
`(4) not serve a school described in paragraph (1)(B) before serving a
school described in paragraph (1)(A).
`(c) LOW-INCOME MEASURES- In determining the number of children ages 5
through 17 who are from low-income families, the local educational agency
shall apply the measures described in paragraphs (1) and (2) of this
subsection:
`(1) ALLOCATION TO PUBLIC SCHOOL ATTENDANCE AREAS- The local educational
agency shall use the same measure of poverty, which measure shall be the
number of children ages 5 through 17 in poverty counted in the most recent
census data approved by the Secretary, the number of children eligible for
free and reduced priced lunches under the National School Lunch Act, the
number of children in families receiving assistance under the State program
funded under part A of title IV of the Social Security Act, or the number of
children eligible to receive medical assistance under the Medicaid program,
or a composite of such indicators, with respect to all school attendance
areas in the local educational agency--
`(A) to identify eligible school attendance areas;
`(B) to determine the ranking of each area; and
`(C) to determine allocations under subsection (f).
`(2) ALLOCATION FOR EQUITABLE SERVICE TO PRIVATE SCHOOL STUDENTS-
`(A) CALCULATION- A local educational agency shall have the final
authority, consistent with section 1120 to calculate the number of private
school children, ages 5 through 17, who are low-income by--
`(i) using the same measure of low-income used to count public
school children;
`(ii) using the results of a survey that, to the extent possible,
protects the identity of families of private school students and
allowing such survey results to be extrapolated if complete actual data
are not available; or
`(iii) applying the low-income percentage of each participating
public school attendance area, determined pursuant to this section, to
the number of private school children who reside in that attendance
area.
`(B) COMPLAINT PROCESS- Any dispute regarding low-income data on
private school students shall be subject to the complaint process
authorized in section 14505.
`(d) EXCEPTION- This section (other than subsections (a)(3) and (f)) shall
not apply to a local educational agency with a total enrollment of less than
1,500 children.
`(e) WAIVER FOR DESEGREGATION PLANS- The Secretary may approve a local
educational agency's written request for a waiver of the requirements of
subsections (a) and (f), and permit such agency to treat as eligible, and
serve, any school that children attend under a desegregation plan ordered by a
State or court or approved by the Secretary, or such a plan that the agency
continues to implement after it has expired, if--
`(1) the number of economically disadvantaged children enrolled in the
school is not less than 25 percent of the school's total enrollment;
and
`(2) the Secretary determines on the basis of a written request from
such agency and in accordance with such criteria as the Secretary
establishes, that approval of that request would further the purposes of
this part.
`(1) IN GENERAL- A local educational agency shall allocate funds received
under this part to eligible school attendance areas or eligible schools,
identified under subsection (b) in rank order on the basis of the total number
of children from low-income families in each area or school.
`(2) SPECIAL RULE- (A) Except as provided in subparagraph (B), the per
pupil amount of funds allocated to each school attendance area or school
under paragraph (1) shall be at least 125 percent of the per pupil amount of
funds a local educational agency received for that year under the poverty
criteria described by the local educational agency in the plan submitted
under section 1112, except that this paragraph shall not apply to a local
educational agency that only serves schools in which the percentage of such
children is 35 percent or greater.
`(B) A local educational agency may reduce the amount of funds allocated
under subparagraph (A) for a school attendance area or school by the amount
of any supplemental State and local funds expended in that school attendance
area or school for programs that meet the requirements of section 1114 or
1115.
`(3) RESERVATION- A local educational agency shall reserve such funds as
are necessary under this part to provide services comparable to those
provided to children in schools funded under this part to serve--
`(A) homeless children who do not attend participating schools,
including providing educationally related support services to children in
shelters;
`(B) children in local institutions for neglected or delinquent
children; and
`(C) where appropriate, neglected and delinquent children in community
day school programs.
`(4) SCHOOL IMPROVEMENT RESERVATION- A local educational agency shall
reserve such funds as are necessary under this part to meet such agency's
school improvement responsibilities under section 1116, including taking
corrective actions under section 1116(b)(9).
`(5) FINANCIAL INCENTIVES AND REWARDS RESERVATION- A local educational
agency may reserve such funds as are necessary under this part to provide
financial incentives and rewards to teachers who serve in eligible schools
under subsection (b)(1)(A) and identified for improvement under section
1116(b)(1) for the purpose of attracting and retaining qualified and
effective teachers.'.
SEC. 108. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended to read as follows:
`SEC. 1114. SCHOOLWIDE PROGRAMS.
`(a) PURPOSE- The purpose of a schoolwide program under this section
is--
`(1) to enable a local educational agency to consolidate funds under
this part with other Federal, State, and local funds, to upgrade the entire
educational program in a high poverty school; and
`(2) to help ensure that all children in such a school meet challenging
State standards for student performance, particularly those children who are
most at-risk of not meeting those standards.
`(b) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS-
`(1) IN GENERAL- A local educational agency may consolidate funds under
this part, together with other Federal, State, and local funds, in order to
upgrade the entire educational program of a school that serves an eligible
school attendance area in which not less than 50 percent of the children are
from low-income families, or not less than 50 percent of the children
enrolled in the school are from such families.
`(2) STATE ASSURANCES- A local educational agency may start new
schoolwide programs under this section only after the State educational
agency provides written information to each local educational agency in the
State that demonstrates that such State educational agency has established
the statewide system of support and improvement required by subsections
(c)(1) and (e) of section 1117.
`(3) IDENTIFICATION OF STUDENTS NOT REQUIRED- (A) No school
participating in a schoolwide program shall be required to identify
particular children under this part as eligible to participate in a
schoolwide program or to provide supplemental services to such
children.
`(B) A school participating in a schoolwide program shall use funds
available to carry out this section only to supplement the amount of funds
that would, in the absence of funds under this part, be made available from
non-Federal sources for the school, including funds needed to provide
services that are required by law for children with disabilities and
children with limited English proficiency.
`(4) EXEMPTION FROM STATUTORY AND REGULATORY REQUIREMENTS- (A) Except as
provided in subsection (c), the Secretary may, through publication of a
notice in the Federal Register, exempt schoolwide programs under this
section from statutory or regulatory provisions of any other noncompetitive
formula grant program administered by the Secretary (other than formula or
discretionary grant programs under the Individuals with Disabilities
Education Act, except as provided in section 613(a)(2)(D) of such Act), or
any discretionary grant program administered by the Secretary, to support
schoolwide programs if the intent and purposes of such other programs are
met.
`(B) A school that chooses to use funds from such other programs shall
not be relieved of the requirements relating to health, safety, civil
rights, student and parental participation and involvement, services to
private school children, maintenance of effort, uses of Federal funds to
supplement, not supplant non-Federal funds, or the distribution of funds to
State or local educational agencies that apply to the receipt of funds from
such programs.
`(C)(i) A school that consolidates funds from different Federal programs
under this section shall not be required to maintain separate fiscal
accounting records, by program, that identify the specific activities
supported by those particular funds as long as it maintains records that
demonstrate that the schoolwide program, considered as a whole addresses the
intent and purposes of each of the Federal programs that were consolidated
to support the schoolwide program.
`(5) PROFESSIONAL DEVELOPMENT- Each school receiving funds under this
part for any fiscal year shall devote sufficient resources to effectively
carry out the activities described in subsection (c)(1)(E) in accordance
with section 1119A for such fiscal year, except that a school may enter into
a consortium with another school to carry out such activities.
`(c) COMPONENTS OF A SCHOOLWIDE PROGRAM-
`(1) IN GENERAL- A schoolwide program shall include the following
components:
`(A) A comprehensive needs assessment of the entire school (including
taking into account the needs of migratory children as defined in section
1309(2)) that is based on information which includes the performance of
children in relation to the State content standards and the State student
performance standards described in section 1111(b)(1).
`(B) Schoolwide reform strategies that--
`(i) provide opportunities for all children to meet the State's
proficient and advanced levels of student performance described in
section 1111(b)(1)(D);
`(ii) use effective methods and instructional strategies that are
based upon scientifically based research that--
`(I) strengthen the core academic program in the
school;
`(II) increase the amount and quality of learning time, such as
providing an extended school year and before- and after-school and
summer programs and opportunities, and help provide an enriched and
accelerated curriculum; and
`(III) include strategies for meeting the educational needs of
historically underserved populations, including girls and
women;
`(iii)(I) address the needs of all children in the school, but
particularly the needs of low-achieving children and those at risk of
not meeting the State student performance standards who are members of
the target population of any program that is included in the schoolwide
program, which may include incorporation of gender-equitable methods and
practices;
`(II) address how the school will determine if such needs have been
met; and
`(iv) are consistent with, and are designed to implement, the State
and local improvement plans, if any.
`(D) Instruction by fully qualified (as defined in section 1610)
teachers.
`(E) In accordance with section 1119A, high quality and ongoing
professional development for teachers and paraprofessionals, and, where
appropriate, pupil services personnel, parents, principals, and other
staff to enable all children in the school to meet the State's student
performance standards.
`(F) Strategies to increase parental involvement in accordance with
section 1118, such as family literary services.
`(G) Plans for assisting preschool children in the transition from
early childhood programs, such as Head Start, Even Start, or a State-run
preschool program, to local elementary school programs.
`(H) Measures to include teachers in the decisions regarding the use
of assessments described in section 1111(b)(4) in order to provide
information on, and to improve, the performance of individual students and
the overall instructional program.
`(I) Activities to ensure that students who experience difficulty
mastering the proficient or advanced levels of performance standards
required by section 1111(b) shall be provided with effective, timely
additional assistance which shall include measures to ensure that
students' difficulties are identified on a timely basis and to provide
sufficient information on which to base effective assistance.
`(2) PLAN- Any eligible school that desires to operate a schoolwide
program shall first develop (or amend a plan for such a program that was in
existence on the day before the date of the enactment of the Student Results
Act of 1999), a comprehensive plan for reforming the total instructional
program in the school that--
`(A) incorporates the components described in paragraph (1);
`(B) describes how the school will use resources under this part and
from other sources to implement those components;
`(C) includes a list of State and local educational agency programs
and other Federal programs under subsection (b)(4) that will be
consolidated in the schoolwide program;
`(D) describes how the school will provide individual student
assessment results, including an interpretation of those results, to the
parents of a child who participates in the assessments required by section
1111(b)(4) and in a format and, to the extent practicable, in a language
that they can understand; and
`(E) provides for the collection of data on the achievement and
assessment results of students disaggregated by gender, major ethnic or
racial groups, limited English proficiency status, migrant students, by
children with disabilities as compared to other students, and by
economically disadvantaged students as compared to students who are not
economically disadvantaged, except that such disaggregation shall not be
required in a case in which the number of students in a category is
insufficient to yield statistically reliable information or the results
would reveal individually identifiable information about an individual
student.
`(3) PLAN DEVELOPMENT- The comprehensive plan shall be--
`(A) developed during a 1-year period, unless--
`(i) the local educational agency determines that less time is
needed to develop and implement the schoolwide program; or
`(ii) the school operated a schoolwide program on the day preceding
the date of the enactment of the Student Results Act of 1999, in which
case such school may continue to operate such program, but shall develop
amendments to its existing plan during the first year of assistance
under such Act to reflect the provisions of this section;
`(B) developed with the involvement of the community to be served and
individuals who will carry out such plan, including teachers, principals,
administrators (including administrators of programs described in other
parts of this title), if appropriate pupil services personnel, school
staff and parents, and, if the plan relates to a secondary school,
students from such school;
`(C) in effect for the duration of the school's participation under
this part and reviewed and revised, as necessary, by the school;
`(D) available to the local educational agency, parents, and the
public, and the information contained in such plan shall be provided in a
format, and to the extent practicable, in a language that they can
understand; and
`(E) if appropriate, developed in coordination with programs under the
Reading Excellence Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, the Head Start Act, and part B of this
title.
`(d) ACCOUNTABILITY- A schoolwide program under this section shall be
subject to the school improvement provisions of section 1116.'.
`(e) PREKINDERGARTEN PROGRAM- A school that is eligible for a schoolwide
program under this section may use funds made available under this title to
establish or enhance prekindergarten programs for 3-, 4-, and 5-year old
children, such as Even Start programs.'.
SEC. 109. TARGETED ASSISTANCE SCHOOLS.
(a) IN GENERAL- Subsection (a) of section 1115 (20 U.S.C. 6315(a)) is
amended by striking `section 1113(c)' and inserting `section 1113(f)'.
(b) ELIGIBLE CHILDREN- Subsection (b) of section 1115 (20 U.S.C. 6315(b))
is amended to read as follows:
`(1) ELIGIBLE POPULATION- (A) The eligible population for services under
this section is--
`(i) children not older than age 21 who are entitled to a free public
education through grade 12; and
`(ii) children who are not yet at a grade level where the local
educational agency provides a free public education.
`(B) From the population described in subparagraph (A), eligible
children are children identified by the school as failing, or most at risk
of failing, to meet the State's challenging student performance standards on
the basis of assessments under this part, and, as appropriate, on the basis
of multiple, educationally related, objective criteria established by the
local educational agency and supplemented by the school, except that
children from preschool through grade 2 may be selected solely on the basis
of such criteria as teacher judgment, interviews with parents, and
developmentally appropriate measures.
`(2) CHILDREN INCLUDED- (A)(i) Children with disabilities, migrant
children, and children with limited English proficiency are eligible for
services under this part on the same basis as other children.
`(ii) Funds received under this part may not be used to provide services
that are otherwise required by law to be made available to such children but
may be used to coordinate or supplement such services.
`(B) A child who, at any time in the 2 years preceding the year for
which the determination is made, participated in a Head Start or Even Start
program or in preschool services under this title, is eligible for services
under this part.
`(C)(i) A child who, at any time in the 2 years preceding the year for
which the determination is made, received services under part C is eligible
for services under this part.
`(ii) A child in a local institution for neglected or delinquent
children or attending a community day program for such children is eligible
for services under this part.
`(D) A child who is homeless and attending any school in the local
educational agency is eligible for services under this part.'.
(c) COMPONENTS OF TARGETED ASSISTANCE SCHOOL PROGRAM- Subsection (c) of
section 1115 (20 U.S.C. 6315(c)) is amended to read as follows:
`(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PROGRAM-
`(1) IN GENERAL- To assist targeted assistance schools and local
educational agencies to meet their responsibility to provide for all their
students served under this title the opportunity to meet the State's
challenging student performance standards in subjects as determined by the
State, each targeted assistance program under this section shall--
`(A) use such program's resources under this part to help
participating children meet such State's challenging student performance
standards expected for all children;
`(B) ensure that planning for students served under this part is
incorporated into existing school planning;
`(C) use effective methods and instructional strategies that are based
upon scientifically based research that strengthens the core academic
program of the school and that--
`(i) give primary consideration to providing extended learning time
such as an extended school year, before- and after-school, and summer
programs and opportunities;
`(ii) help provide an accelerated, high-quality curriculum,
including applied learning; and
`(iii) minimize removing children from the regular classroom during
regular school hours for instruction provided under this
part;
`(D) coordinate with and support the regular education program, which
may include services to assist preschool children in the transition from
early childhood programs to elementary school programs;
`(E) provide instruction by fully qualified teacher as defined in
section 1610;
`(F) in accordance with subsection (e)(3) and section 1119A, provide
opportunities for professional development with resources provided under
this part, and, to the extent practicable, from other sources, for
teachers, principals, and administrators and other school staff,
including, if appropriate, pupil services personnel, who work with
participating children in programs under this section or in the regular
education program; and
`(G) provide strategies to increase parental involvement in accordance
with section 1118, such as family literacy services.
`(2) REQUIREMENTS- Each school conducting a program under this section
shall assist participating children selected in accordance with subsection
(b) to meet the State's proficient and advanced levels of performance
by--
`(A) the coordination of resources provided under this part with other
resources; and
`(B) reviewing, on an ongoing basis, the progress of participating
children and revising the targeted assistance program, if necessary, to
provide additional assistance to enable such children to meet the State's
challenging student performance standards, such as an extended school
year, before- and after-school, and summer, programs and opportunities,
training for teachers regarding how to identify students that require
additional assistance, and training for teachers regarding how to
implement student performance standards in the classroom.'.
(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT- Subsection (d) of section
1115 (20 U.S.C. 6515(d) is amended to read as follows:
`(d) INTEGRATION OF PROFESSIONAL DEVELOPMENT- To promote the integration
of staff supported with funds under this part, public school personnel who are
paid with funds received under this part may participate in general
professional development and school planning activities.'.
(e) COMPREHENSIVE SERVICES- Paragraph (2) of section 1115(e) (20 U.S.C.
6315(e)(2)) is amended--
(1) by inserting `and' at the end of subparagraph (A);
(2) by striking subparagraph (B); and
(3) by redesignating subparagraph (C) as subparagraph (B).
SEC. 110. SCHOOL CHOICE.
Section 1115A (20 U.S.C. 6316) is amended to read as follows:
`SEC. 1115A. SCHOOL CHOICE.
`(a) CHOICE PROGRAMS- A local educational agency may use funds under this
part, in combination with State, local, and private funds, to develop and
implement public school choice programs, for children eligible for assistance
under this part, which permit parents to select the public school that their
child will attend.
`(b) CHOICE PLAN- A local educational agency that chooses to implement a
public school choice program shall first develop a plan that includes
assurances that--
`(1) all eligible students across grade levels served under this part
will have equal access to the program;
`(2) the program does not include schools that follow a racially
discriminatory policy;
`(3) describe how the school will use resources under this part and from
other sources to implement the plan;
`(4) the plan will be developed with the involvement of parents and
others in the community to be served and individuals who will carry out the
plan, including administrators, teachers, principals, and other staff;
`(5) parents of eligible students in the local educational agency will
be given prompt notice of the existence of the public school choice program
and its availability to them, and a clear explanation of how the program
will operate;
`(6) the program will include charter schools and any other public
school and shall not include a school that is or has been identified as a
school in school improvement or is or has been in corrective action for the
past two consecutive years;
`(7) transportation services or the costs of transportation may be
provided by the local educational agency with funds under this part;
and
`(8) such local educational agency will comply with the other
requirements of this part.'.
SEC. 111. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.
Subpart 1 of part A of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6311 et seq.) is amended by inserting after section
1115A of such Act (20 U.S.C. 6316) the following:
`SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.
`(a) IN GENERAL- If a student is eligible to be served under section
1115(b), or attends a school eligible for a schoolwide program under section
1114, and--
`(1) becomes a victim of a violent criminal offense while in or on the
grounds of a public elementary school or secondary school that the student
attends and that receives assistance under this part, then the local
educational agency shall allow such student to attend another public school
or public charter school in the same State as the school where the criminal
offense occurred, that is selected by the student's parent; or
`(2) the public school that the student attends and that receives
assistance under this part has been designated as an unsafe public school,
then the local educational agency may allow such student to attend another
public school or public charter school in the same State as the school where
the criminal offense occurred, that is selected by the student's
parent.
`(b) STATE EDUCATIONAL AGENCY DETERMINATIONS-
`(1) The State educational agency shall determine, based upon State law,
what actions constitute a violent criminal offense for purposes of this
section.
`(2) The State educational agency shall determine which schools in the
State are unsafe public schools.
`(3) The term `unsafe public schools' means a public school that has
serious crime, violence, illegal drug, and discipline problems, as indicated
by conditions that may include high rates of--
(A) expulsions and suspensions of students from school;
(B) referrals of students to alternative schools for disciplinary
reasons, to special programs or schools for delinquent youth, or to
juvenile court;
(C) victimization of students or teachers by criminal acts, including
robbery, assault and homicide;
(D) enrolled students who are under court supervision for past
criminal behavior;
(E) possession, use, sale or distribution of illegal drugs;
(F) enrolled students who are attending school while under the
influence of illegal drugs or alcohol;
(G) possession or use of guns or other weapons;
(H) participation in youth gangs; or
(I) crimes against property, such as theft or vandalism.
`(c) TRANSPORTATION COSTS- The local educational agency that serves the
public school in which the violent criminal offense occurred or that serves
the designated unsafe public school may use funds provided under this part to
provide transportation services or to pay the reasonable costs of
transportation for the student to attend the school selected by the student's
parent.
`(d) SPECIAL RULE- Any school receiving assistance provided under this
section shall comply with title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.) and not discriminate on the basis of race, color, or national
origin.
`(e) PART B OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT- Nothing in
this section shall be construed to affect the requirements of part B of the
Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.).
`(f) MAXIMUM AMOUNT- Notwithstanding any other provision of this section,
the amount of assistance provided under this part for a student shall not
exceed the per pupil expenditure for elementary or secondary education, as
appropriate, by the local educational agency that serves the school--
(1) where the violent criminal offense occurred for the fiscal year
preceding the fiscal year in which the offense occurred; or
(2) designated as an unsafe public school by the State educational
agency for the fiscal year preceding the fiscal year for which the
designation is made.
SEC. 112. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
(a) LOCAL REVIEW- Section 1116(a) (20 U.S.C. 6317(a)) is amended--
(1) in paragraph (2), by striking `1111(b)(2)(A)(i)' and inserting
`1111(b)(2)(B)';
(2) in paragraph (3), by striking `individual school performance
profiles' and inserting `school reports';
(3) in paragraph (3), by striking `and' after the semicolon;
(4) in paragraph (4), by striking the period at the end and inserting `;
and'; and
(5) by adding at the end the following:
`(5) review the effectiveness of the actions and activities the schools
are carrying out under this part with respect to parental involvement
assisted under this Act.'.
(b) SCHOOL IMPROVEMENT- Section 1116 (20 U.S.C. 6317) is amended by
striking subsection (b) and by redesignating subsections (c) and (d) as
subsections (b) and (c), respectively, and amending them to read as
follows:
`(1) IN GENERAL- A local educational agency shall identify for school
improvement any school served under this part that--
`(A) for two consecutive years failed to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2); or
`(B) was in school improvement status under this section on the day
preceding the date of the enactment of the Student Results Act of
1999.
`(2) TRANSITION- The 2-year period described in paragraph (1)(A) shall
include any continuous period of time immediately preceding the date of the
enactment of the Student Results Act of 1999 during which a school did not
make adequate yearly progress as defined in the State's plan, as such plan
was in effect on the day preceding the date of such enactment.
`(3) TARGETED ASSISTANCE SCHOOLS- To determine if a school that is
conducting a targeted assistance program under section 1115 should be
identified as in need of improvement under this subsection, a local
educational agency may choose to review the progress of only those students
in such school who are served under this part.
`(4) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE-
`(A) IN GENERAL- Before identifying a school for school improvement
under paragraph (1), the local educational agency shall provide the school
with an opportunity to review the school-level data, including assessment
data, on which the proposed identification is based.
`(B) SUPPORTING EVIDENCE- If the school principal believes that the
proposed identification is in error for statistical or other substantive
reasons, the principal may provide supporting evidence to the local
educational agency, which such agency shall consider before making a final
determination.
`(5) NOTIFICATION TO PARENTS- A local educational agency shall, in an
easily understandable format, provide in writing to parents of each student
in a school identified for school improvement--
`(A) an explanation of what the school improvement identification
means and how the school compares in terms of academic performance to
other schools in the local educational agency and State;
`(B) the reasons for such identification;
`(C) the data on which such identification is based;
`(D) an explanation of what the school is doing to address the problem
of low achievement;
`(E) an explanation of how parents can become involved in upgrading
the quality of the school;
`(F) an explanation of the right of parents, pursuant to paragraph
(6), to transfer their child to another public school, including a public
charter school, that is not in school improvement, and how such transfer
shall operate; and
`(G) notification to parents in a format and, to the extent
practicable, in a language they can understand.
`(6) PUBLIC SCHOOL CHOICE OPTION-
`(A) SCHOOLS IDENTIFIED FOR IMPROVEMENT-
`(i) SCHOOLS IDENTIFIED ON OR BEFORE ENACTMENT- Not later than 18
months after the date of the enactment of the Student Results Act of
1999, a local educational agency shall provide all students enrolled in
a school identified (on or before such date of enactment) for school
improvement with an option to transfer to any other public school within
the local educational agency or any public school consistent with
subparagraph (B), including a public charter school that has not been
identified for school improvement, unless such option to transfer is
prohibited by State law, or local law, which includes school
board-approved local educational agency policy.
`(ii) SCHOOLS IDENTIFIED AFTER ENACTMENT- Not later than 18 months
after the date on which a local educational agency identifies a school
for school improvement, the agency shall provide all students enrolled
in such school with an option described in clause (i).
`(B) COOPERATIVE AGREEMENT- If all public schools in the local
educational agency to which a child may transfer to, are identified for
school improvement, the agency shall, to the extent practicable, establish a
cooperative agreement with other local educational agencies in the area for
the transfer.
`(C) TRANSPORTATION- The local educational agency in which the schools
have been identified for improvement may use funds under this part to
provide transportation to students whose parents choose to transfer their
child or children to a different school.
`(D) CONTINUE OPTION- Once a school is no longer identified for school
improvement, the local educational agency shall continue to provide public
school choice as an option to students in such school for a period of not
less than 2 years.
`(A) IN GENERAL- 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, and other outside experts for
approval by the local educational agency. Such plan shall--
`(i) incorporate scientifically-based research strategies that
strengthen the core academic program in the school;
`(ii) adopt policies that have the greatest likelihood of improving
the performance of participating children in meeting the State's student
performance standards;
`(iii) address the professional development needs of staff,
particularly teachers and principals;
`(iv) establish specific goals and objectives the school will
undertake for making adequate yearly progress which include specific
numerical performance goals and targets for each of the groups of students
identified in the disaggregated data pursuant to section
1111(b)(2);
`(v) identify how the school will provide written notification to
parents, in a format and to the extent practicable in a language such
parents can understand; and
`(vi) specify the responsibilities of the local educational agency and
the school under the plan.
`(B) CONDITIONAL APPROVAL- A local educational agency may condition
approval of a school plan on inclusion of one or more of the corrective
actions specified in paragraph (9).
`(C) IMPLEMENTATION- A school shall implement its plan or revised plan
expeditiously, but not later than the beginning of the school year after
which the school has been identified for improvement.
`(D) REVIEW- The local educational agency shall promptly review the
plan, work with the school as necessary, and approve the plan if it meets
the requirements of this section.
`(8) TECHNICAL ASSISTANCE-
`(A) IN GENERAL- For each school identified for school improvement
under paragraph (1), the local educational agency shall provide technical
assistance as the school develops and implements its plan.
`(B) SPECIFIC TECHNICAL ASSISTANCE- Such technical assistance--
`(i) shall include effective methods and instructional strategies that
are based upon scientifically based research that strengthens the core
academic program in the school and addresses the specific elements of
student performance problems in the school;
`(ii) may be provided directly by the local educational agency,
through mechanisms authorized under section 1117, or with the local
educational agency's approval, by an institution of higher education, a
private nonprofit organization, an educational service agency, a
comprehensive regional assistance center under part A of title XIII, or
other entities with experience in helping schools improve
achievement.
`(C) TECHNICAL ASSISTANCE- Technical assistance provided under this
section by the local educational agency or an entity authorized by such
agency shall be based upon scientifically based research.
`(9) CORRECTIVE ACTION- In order to help students served under this part
meet challenging State standards, each local educational agency shall
implement a system of corrective action in accordance with the
following:
`(A) IN GENERAL- After providing technical assistance under paragraph
(8) and subject to subparagraph (F), the local educational
agency--
`(i) may take corrective action at any time with respect to a school
that has been identified under paragraph (1);
`(ii) shall take corrective action with respect to any school that
fails to make adequate yearly progress, as defined by the State, after
the end of the second year following its identification under paragraph
(1); and
`(iii) shall continue to provide technical assistance while
instituting any corrective action under clause (i) or (ii).
`(B) DEFINITION- As used in this paragraph, the term `corrective
action' means action, consistent with State and local law, that--
`(i) substantially and directly responds to the consistent academic
failure that caused the local educational agency to take such action and
to any underlying staffing, curricular, or other problems in the school;
and
`(ii) is designed to substantially increase the likelihood that
students will perform at the proficient and advanced performance
levels.
`(C) CERTAIN SCHOOLS- In the case of a school described in
subparagraph (A)(ii), the local educational agency shall take not less
than one of the following corrective actions:
`(i) Withhold funds from the school.
`(ii) Decrease decisionmaking authority at the school
level.
`(iii) Make alternative governance arrangements, including reopening
the school as a public charter school.
`(iv) Reconstitute the school by requiring each person employed at
the school to reapply for future employment at the same school or for
any position in the local educational agency.
`(v) Authorize students to transfer to other higher performing
public schools served by the local educational agency, including public
charter schools, and provide such students transportation (or the costs
of transportation) to such schools in conjunction with not less than one
additional action described under this subparagraph.
`(vi) Institute and fully implement a new curriculum, including
appropriate professional development for all relevant staff, that is
based upon scientifically based research and offers substantial promise
of improving educational achievement for low-performing
students.
`(D) IMPLEMENTATION DELAY- A local educational agency may delay, for a
period not to exceed 1 year, implementation of corrective action only if
the failure to make adequate yearly progress was justified due to
exceptional or uncontrollable circumstances such as a natural disaster or
a precipitous and unforeseen decline in the financial resources of the
local educational agency or school.
`(E) PUBLICATION- The local educational agency shall publish, and
disseminate to the public and to parents in a format and, to the extent
practicable, in a language that they can understand, any corrective action
it takes under this paragraph through such means as the Internet, the
media, and public agencies.
`(F) REVIEW- (i) Before taking corrective action with respect to any
school under this paragraph, a local educational agency shall provide the
school an opportunity to review the school level data, including
assessment data, on which the proposed determination is made.
`(ii) If the school believes that the proposed determination is in
error for statistical or other substantive reasons, it may provide
supporting evidence to the local educational agency, which shall consider
such evidence before making a final determination.
`(10) STATE EDUCATIONAL AGENCY RESPONSIBILITIES- If a State educational
agency determines that a local educational agency failed to carry out its
responsibilities under this section, it shall take such action as it finds
necessary, consistent with this section, to improve the affected schools and
to ensure that the local educational agency carries out its responsibilities
under this section.
`(11) SPECIAL RULE- Schools that, for at least two of the 3 years
following identification under paragraph (1), make adequate yearly progress
toward meeting the State's proficient and advanced levels of performance
shall no longer be identified for school improvement.
`(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT-
`(1) IN GENERAL- A State educational agency shall--
`(A) annually review the progress of each local educational agency
receiving funds under this part to determine whether schools receiving
assistance under this part are making adequate yearly progress as defined
in section 1111(b)(2) toward meeting the State's student performance
standards; and
`(B) publicize and disseminate to local educational agencies, teachers
and other staff, parents, students, and the community the results of the
State review consistent with section 1111, including statistically sound
disaggregated results, as required by section 1111(b)(2).
`(2) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR IMPROVEMENT- A State
educational agency shall identify for improvement any local educational
agency that--
`(A) for two consecutive years failed to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2); or
`(B) was in improvement status under this section as this section was
in effect on the day preceding the date of the enactment of the Student
Results Act of 1999.
`(3) TRANSITION- The 2-year period described in paragraph (2)(A) shall
include any continuous period of time immediately preceding the date of the
enactment of the Student Results Act of 1999, during which a local
educational agency did not make adequate yearly progress as defined in the
State's plan, as such plan was in effect on the day preceding the date of
such enactment.
`(4) TARGETED ASSISTANCE SCHOOLS- For purposes of targeted assistance
schools in a local educational agency, a State educational agency may choose
to review the progress of only the students in such schools who are served
under this part.
`(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE-
`(A) REVIEW- Before identifying a local educational agency for
improvement under paragraph (2), a State educational agency shall provide
the local educational agency with an opportunity to review the local
educational agency data, including assessment data, on which that proposed
identification is based.
`(B) SUPPORTING EVIDENCE- If the local educational agency believes that
the proposed identification is in error for statistical or other substantive
reasons, it may provide supporting evidence to the State educational agency,
which such agency shall consider before making a final determination.
`(6) NOTIFICATION TO PARENTS- The State educational agency shall
promptly notify parents in a format, and to the extent practicable in a
language they can understand, of each student enrolled in a school in a
local educational agency identified for improvement, of the reasons for such
agency's identification and how parents can participate in upgrading the
quality of the local educational agency.
`(7) LOCAL EDUCATIONAL AGENCY REVISIONS-
`(A) PLAN- Each local educational agency identified under paragraph
(2) shall, not later than 3 months after being so identified, develop or
revise a local educational agency plan, in consultation with parents,
school staff, and others. Such plan shall--
`(i) incorporate scientifically based research strategies that
strengthen the core academic program in the local educational
agency;
`(ii) identify specific goals and objectives the local educational
agency will undertake to make adequate yearly progress and
which--
`(I) have the greatest likelihood of improving the performance of
participating children in meeting the State's student performance
standards;
`(II) address the professional development needs of staff;
and
`(III) include specific numerical performance goals and targets for
each of the groups of students identified in the disaggregated data
pursuant to section 1111(b)(2);
`(iii) identify how the local educational agency will provide written
notification to parents in a format, and to the extent practicable in a
language, that they can understand, pursuant to paragraph (6);
and
`(iv) specify the responsibilities of the State educational agency and
the local educational agency under the plan.
`(B) IMPLEMENTATION- The local educational agency shall implement its
plan or revised plan expeditiously, but not later than the beginning of the
school year after which the school has been identified for
improvement.
`(8) STATE EDUCATIONAL AGENCY RESPONSIBILITY-
`(A) IN GENERAL- For each local educational agency identified under
paragraph (2), the State educational agency shall provide technical or
other assistance, if requested, as authorized under section 1117, to
better enable the local educational agency--
`(i) to develop and implement its revised plan as approved by the
State educational agency consistent with the requirements of this
section; and
`(ii) to work with schools needing improvement.
`(B) TECHNICAL ASSISTANCE- Technical assistance provided under this
section by the State educational agency or an entity authorized by such
agency shall be based upon scientifically based research.
`(9) CORRECTIVE ACTION- In order to help students served under this part
meet challenging State standards, each State educational agency shall
implement a system of corrective action in accordance with the
following:
`(A) IN GENERAL- After providing technical assistance under paragraph
(8) and subject to subparagraph (D), the State educational
agency--
`(i) may take corrective action at any time with respect to a local
educational agency that has been identified under paragraph
(2);
`(ii) shall take corrective action with respect to any local
educational agency that fails to make adequate yearly progress, as
defined by the State, after the end of the second year following its
identification under paragraph (2); and
`(iii) shall continue to provide technical assistance while
instituting any corrective action under clause (i) or (ii).
`(B) DEFINITION- As used in this paragraph, the term `corrective
action' means action, consistent with State law, that--
`(i) substantially and directly responds to the consistent academic
failure that caused the State educational agency to take such action and
to any underlying staffing, curricular, or other problems in the school;
and
`(ii) is designed to meet the goal of having all students served
under this part perform at the proficient and advanced performance
levels.
`(C) CERTAIN LOCAL EDUCATIONAL AGENCIES- In the case of a local
educational agency described in this paragraph, the State educational
agency shall take not less than one of the following corrective
actions:
`(i) Withhold funds from the local educational agency.
`(ii) Reconstitute school district personnel.
`(iii) Remove particular schools from the jurisdiction of the local
educational agency and establish alternative arrangements for public
governance and supervision of such schools.
`(iv) Appoint, through the State educational agency, a receiver or
trustee to administer the affairs of the local educational agency in
place of the superintendent and school board.
`(v) Abolish or restructure the local educational
agency.
`(vi) Authorize students to transfer from a school operated by a
local educational agency to a higher performing public school operated
by another local educational agency, or to a public charter school and
provide such students transportation (or the costs of transportation to
such schools, in conjunction with not less than one additional action
described under this paragraph.
`(D) HEARING- Prior to implementing any corrective action, the State
educational agency shall provide due process and a hearing to the affected
local educational agency, if State law provides for such process and
hearing.
`(E) PUBLICATION- The State educational agency shall publish, and
disseminate to parents and the public any corrective action it takes under
this paragraph through such means as the Internet, the media, and public
agencies.
`(F) DELAY- A local educational agency may delay, for a period not to
exceed 1 year, implementation of corrective action if the failure to make
adequate yearly progress was justified due to exceptional or
uncontrollable circumstances such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of the local educational
agency or school.
`(10) SPECIAL RULE- A local educational agency, that, for at least two
of the 3 years following identification under paragraph (2), makes adequate
yearly progress toward meeting the State's proficient and advanced levels of
performance shall no longer be identified for school improvement.'.
SEC. 113. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended to read as follows:
`SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
`(a) SYSTEM FOR SUPPORT- Each State educational agency shall establish a
statewide system of intensive and sustained support and improvement for local
educational agencies and schools receiving funds under this part, in order to
increase the opportunity for all students in those agencies and schools to
meet the State's content standards and student performance standards.
`(b) PRIORITIES- In carrying out this section, a State educational agency
shall--
`(1) first, provide support and assistance to local educational agencies
subject to corrective action under section 1116 and assist schools, in
accordance with section 1116(b)(10), for which a local educational agency
has failed to carry out its responsibilities under section 1116(b)(8) and
(9);
`(2) second, provide support and assistance to other local educational
agencies identified as in need of improvement under section 1116; and
`(3) third, provide support and assistance to other local educational
agencies and schools participating under this part that need that support
and assistance in order to achieve the purpose of this part.
`(c) APPROACHES- In order to achieve the purpose described in subsection
(a), each such system shall provide technical assistance and support through
such approaches as--
`(1) school support teams, composed of individuals who are knowledgeable
about scientifically based research and practice on teaching and learning,
particularly about strategies for improving educational results for
low-achieving children; and
`(2) the designation and use of `Distinguished Educators', chosen from
schools served under this part that have been especially successful in
improving academic achievement.
`(d) FUNDS- Each State educational agency--
`(1) shall use funds reserved under section 1002(f); and
`(2) may use State administrative funds authorized under section 1002(h)
for such purpose.
`(e) ALTERNATIVES- The State may devise additional approaches to providing
the assistance described in paragraphs (1) and (2) of subsection (c), such as
providing assistance through institutions of higher education and educational
service agencies or other local consortia, and the State may seek approval
from the Secretary to use funds made available under section 1002(h) for such
approaches as part of the State plan.'.
SEC. 114. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
Subpart 1 of part A of title I is amended by inserting after section 1117
the following:
`SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.
`(a) ESTABLISHMENT OF ACADEMIC ACHIEVEMENT AWARDS PROGRAM-
`(1) IN GENERAL- Each State receiving a grant under this part may
establish a program for making academic achievement awards to recognize and
financially reward schools served under this part that have--
`(A) significantly closed the achievement gap between the groups of
students defined in section 1111(b)(2); or
`(B) exceeded their adequate yearly progress goals, consistent with
section 1111(b)(2), for two or more consecutive years.
`(2) AWARDS TO TEACHERS- A State program under paragraph (1) may also
recognize and provide financial awards to teachers teaching in a school
described in such paragraph whose students consistently make significant
gains in academic achievement in the areas in which the teacher provides
instruction.
`(1) RESERVATION OF FUNDS BY STATE- For the purpose of carrying out this
section, each State receiving a grant under this part may reserve, from the
amount (if any) by which the funds received by the State under this part for
a fiscal year exceed the amount received by the State under this part for
the preceding fiscal year, not more than 30 percent of such excess
amount.
`(2) USE WITHIN 3 YEARS- Notwithstanding any other provision of law, the
amount reserved under paragraph (1) by a State for each fiscal year shall
remain available to the State until expended for a period not exceeding 3
years.
`(3) SPECIAL ALLOCATION RULE FOR SCHOOLS IN HIGH-POVERTY AREAS-
`(A) IN GENERAL- Each State receiving a grant under this part shall
distribute at least 50 percent of the amount reserved under paragraph (1)
for each fiscal year to schools described in subparagraph (B), or to
teachers teaching in such schools.
`(B) SCHOOLS DESCRIBED- A school described in subparagraph (A) is a
school whose student population is in the highest quartile of schools
statewide in terms of the percentage of children eligible for free and
reduced priced lunches under the National School Lunch Act.'.
SEC. 115. PARENTAL INVOLVEMENT CHANGES.
(a) LOCAL EDUCATIONAL AGENCY POLICY- Subsection (a) of section 1118 (20
U.S.C. 6319(a)) is amended--
(1) in paragraph (1), by striking `programs, activities, and procedures'
and inserting `activities and procedures'.
(2) in paragraph (2) by striking subparagraphs (E) and (F) and inserting
the following:
`(E) conduct, with the involvement of parents, an annual evaluation of
the content and effectiveness of the parental involvement policy in
improving the academic quality of the schools served under this
part;
`(F) involve parents in the activities of the schools served under
this part; and
`(G) promote consumer friendly environments at the local educational
agency and schools served under this part.';
(3) in paragraph (3) by adding at the end the following new
subparagraph:
`(C) Not less than 90 percent of the funds reserved under subparagraph
(A) shall be distributed to schools served under this part.'.
(b) NOTICE- Paragraph (1) of section 1118(b) (20 U.S.C. 6319(b)(1)) is
amended by inserting after the first sentence the following: `Parents shall be
notified of the policy in a format, and to the extent practicable, in a
language that they can understand.'.
(c) PARENTAL INVOLVEMENT- Paragraph (4) of section 1118(c) (20 U.S.C.
6319(c)(4)) is amended--
(1) in subparagraph (B), by striking `performance profiles required
under section 1116(a)(3)' and inserting `school reports required under
section 1111';
(2) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and
(G), respectively;
(3) by inserting after subparagraph (C) the following new
subparagraphs:
`(D) notice of the schools' identification as a school in school
improvement under section 1116(b), if applicable, and a clear explanation
of what such identification means;
`(E) notice of the corrective action that has been taken against the
school under section 1116(b)(9) and 1116(c)(9), if applicable, and a clear
explanation of what such action means;'; and
(4) in subparagraph (G) (as so redesignated), by striking `subparagraph
(D)' and inserting `subparagraph (F)'.
(d) BUILDING CAPACITY FOR INVOLVEMENT- Subsection (e) of section 1118 (20
U.S.C 6319(e)) is amended to read as follows:
`(e) BUILDING CAPACITY FOR INVOLVEMENT- To ensure effective involvement of
parents and to support a partnership among the school, parents, and the
community to improve student achievement, each school and local educational
agency--
`(1) shall provide assistance to participating parents in such areas as
understanding the State's content standards and State student performance
standards, the provisions of section 1111(b)(8), State and local
assessments, the requirements of this part, and how to monitor a child's
progress and work with educators to improve the performance of their
children as well as information on how parents can participate in decisions
relating to the education of their children;
`(2) shall provide materials and training, such as--
`(A) coordinating necessary literacy training from other sources to
help parents work with their children to improve their children's
achievement; and
`(B) training to help parents to work with their children to improve
their children's achievement;
`(3) shall educate teachers, pupil services personnel, principals and
other staff, with the assistance of parents, in the value and utility of
contributions of parents, and in how to reach out to, communicate with, and
work with parents as equal partners, implement and coordinate parent
programs, and build ties between home and school;
`(4) shall coordinate and integrate parent involvement programs and
activities with Head Start, Even Start, the Home Instruction Programs for
Preschool Youngsters, the Parents as Teachers Program, and public preschool
programs and other programs, to the extent feasible and appropriate;
`(5) shall conduct other activities, as appropriate and feasible, such
as parent resource centers and opportunities for parents to learn how to
become full partners in the education of their children;
`(6) shall ensure, to the extent possible, that information related to
school and parent programs, meetings, and other activities is sent to the
homes of participating children in the language used in such homes;
`(7) shall provide such other reasonable support for parental
involvement activities under this section as parents may request;
`(8) shall expand the use of electronic communications among teachers,
students, and parents, such as through the use of websites and e-mail
communications;
`(9) may involve parents in the development of training for teachers,
principals, and other educators to improve the effectiveness of such
training in improving instruction and services to the children of such
parents in a format, and to the extent practicable, in a language the parent
can understand;
`(10) may provide necessary literacy training from funds received under
this part if the local educational agency has exhausted all other reasonably
available sources of funding for such activities;
`(11) may pay reasonable and necessary expenses associated with local
parental involvement activities, including transportation and child care
costs, to enable parents to participate in school-related meetings and
training sessions;
`(12) may train and support parents to enhance the involvement of other
parents;
`(13) may arrange meetings at a variety of times, such as in the
mornings and evenings, in order to maximize the opportunities for parents to
participate in school related activities;
`(14) may arrange for teachers or other educators, who work directly
with participating children, to conduct in-home conferences with parents who
are unable to attend such conferences at school;
`(15) may adopt and implement model approaches to improving parental
involvement, such as Even Start;
`(16) may establish a districtwide parent advisory council to advise on
all matters related to parental involvement in programs supported under this
part; and
`(17) may develop appropriate roles for community-based organizations
and businesses in parent involvement activities, including providing
information about opportunities for organizations and businesses to work
with parents and schools, and encouraging the formation of partnerships
between elementary, middle, and secondary schools and local businesses that
include a role for parents.'.
(e) ACCESSIBILITY- Subsection (f) of section 1118 (20 U.S.C. 6319(f)) is
amended to read as follows:
`(f) ACCESSIBILITY- In carrying out the parental involvement requirements
of this part, local educational agencies and schools, to the extent
practicable, shall provide full opportunities for the participation of parents
with limited English proficiency or with disabilities and parents of migratory
children, including providing information and school reports required under
section 1111 in a format, and to the extent practicable, in a language such
parents understand.'.
SEC. 116. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
Section 1119 (20 U.S.C. 6301) is amended to read as follows:
`SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
`(1) IN GENERAL- Each local educational agency receiving assistance
under this part shall ensure that all teachers hired on or after the
effective date of the Student Results Act of 1999 and teaching in a program
supported with funds under this part are fully qualified.
`(2) PLAN- Each State receiving assistance under this part shall develop
and submit to the Secretary a plan to ensure that all teachers teaching
within the State are fully qualified not later than December 31, 2003. Such
plan shall include an assurance that the State will require each local
educational agency and school receiving funds under this part publicly to
report their annual progress on the agency's and the school's performance in
increasing the percentage of classes in core academic areas taught by fully
qualified teachers.
`(b) NEW PARAPROFESSIONALS-
`(1) IN GENERAL- Each local educational agency receiving assistance
under this part shall ensure that all paraprofessionals hired 1 year or more
after the effective date of the Student Results Act of 1999 and working in a
program supported with funds under this part shall--
`(A) have completed at least 2 years of study at an institution of
higher education;
`(B) have obtained an associate's (or higher) degree; or
`(C) have met a rigorous standard of quality that demonstrates,
through a formal assessment--
`(i) knowledge of, and the ability to assist in instructing reading,
writing, and math; or
`(ii) knowledge of, and the ability to assist in instructing reading
readiness, writing readiness, and math readiness, as
appropriate.
`(2) CLARIFICATION- For purposes of paragraph (1)(C), the receipt of a
high school diploma (or its recognized equivalent) shall be necessary but
not by itself sufficient to satisfy the requirements of such
paragraph.
`(c) EXISTING PARAPROFESSIONALS- Each local educational agency receiving
assistance under this part shall ensure that all paraprofessionals hired
before the date that is 1 year after the effective date of the Student Results
Act of 1999 and working in a program supported with funds under this part
shall, not later than 3 years after such effective date, satisfy the
requirements of subsection (b).
`(d) EXCEPTIONS FOR TRANSLATION AND PARENTAL INVOLVEMENT ACTIVITIES-
Subsections (b) and (c) shall not apply to a paraprofessional--
`(A) who is proficient in English and a language other than English
and who provides services primarily to enhance the participation of
children in programs under this part by acting as a translator;
or
`(B) whose duties consist solely of conducting parental involvement
activities consistent with section 1118.
`(e) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS- Each local educational
agency receiving assistance under this part shall ensure that all
paraprofessionals working in a program supported with funds under this part,
regardless of the paraprofessional's hiring date, possess a high school
diploma or its recognized equivalent.
`(f) DUTIES OF PARAPROFESSIONALS-
`(1) IN GENERAL- Each local educational agency receiving assistance
under this part shall ensure that a paraprofessional working in a program
supported with funds under this part is not assigned a duty inconsistent
with this subsection.
`(2) RESPONSIBILITIES PARAPROFESSIONALS MAY BE ASSIGNED- A
paraprofessional described in paragraph (1) may only be assigned--
`(A) to provide one-on-one tutoring for eligible students, if the
tutoring is scheduled at a time when a student would not otherwise receive
instruction from a teacher;
`(B) to assist with classroom management, such as organizing
instructional and other materials;
`(C) to provide assistance in a computer laboratory;
`(D) to conduct parental involvement activities;
`(E) to provide support in a library or media center;
`(F) to act as a translator; or
`(G) to provide instructional services to students;
`(3) ADDITIONAL LIMITATIONS- A paraprofessional described in paragraph
(1)--
`(A) may not provide any instructional service to a student unless the
paraprofessional is working under the direct supervision of a fully
qualified teacher; and
`(B) may not provide instructional services to students in the area of
reading, writing, or math unless the paraprofessional has demonstrated,
through a State or local assessment, the ability effectively to carry out
reading, writing, or math instruction.
`(1) PROFESSIONAL DEVELOPMENT- A local educational agency receiving
funds under this part may use such funds to support ongoing training and
professional development to assist teachers and paraprofessionals in
satisfying the requirements of this section.
`(2) LIMITATION ON USE OF FUNDS FOR PARAPROFESSIONALS-
`(A) IN GENERAL- Beginning on and after the effective date of the
Student Results Act of 1999, a local educational agency may not use funds
received under this part to fund any paraprofessional hired after such
date unless the hiring is to fill a vacancy created by the departure of
another paraprofessional funded under this part and such new
paraprofessional satisfies the requirements of subsection (b) or
(c).
`(B) EXCEPTION- Subparagraph (A) shall not apply for a fiscal year to
a local educational agency that can demonstrate to the State that all
teachers under the jurisdiction of the agency are fully
qualified.
`(h) VERIFICATION OF COMPLIANCE-
`(1) IN GENERAL- In verifying compliance with this section, each local
educational agency at a minimum shall require that the principal of each
school operating a program under section 1114 or 1115 annually attest in
writing as to whether such school is in compliance with the requirements of
this section.
`(2) AVAILABILITY OF INFORMATION- Copies of attestations under paragraph
(1)--
`(A) shall be maintained at each school operating a program under
section 1114 or 1115 and at the main office of the local educational
agency; and
`(B) shall be available to any member of the general public upon
request.'.
SEC. 117. PROFESSIONAL DEVELOPMENT.
Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended by
inserting after section 1119 the following:
`SEC. 1119A. PROFESSIONAL DEVELOPMENT.
`(a) PURPOSE- The purpose of this section is to assist each local
educational agency receiving assistance under this part in increasing the
academic achievement of eligible children (as defined in section
1115(b)(1)(B)) through improved teacher quality.
`(b) PROFESSIONAL DEVELOPMENT ACTIVITIES-
`(1) REQUIRED ACTIVITIES- Professional development activities under this
section shall--
`(A) support professional development activities that give teachers,
principals, and administrators the knowledge and skills to provide
students with the opportunity to meet challenging State or local content
standards and student performance standards;
`(B) support the recruiting, hiring, and training of fully qualified
teachers, including teachers fully qualified through State and local
alternative routes;
`(C) advance teacher understanding of effective instructional
strategies based on scientifically-based research for improving student
achievement, at a minimum, in reading or language arts and
mathematics;
`(D) be directly related to the curriculum and content areas in which
the teacher provides instruction;
`(E) be designed to enhance the ability of a teacher to understand and
use the State's standards for the subject area in which the teacher
provides instruction;
`(F) be tied to scientifically based research demonstrating the
effectiveness of such professional development activities or programs in
increasing student achievement or substantially increasing the knowledge
and teaching skills of teachers;
`(G) be of sufficient intensity and duration (not to include 1-day or
short-term workshops and conferences) to have a positive and lasting
impact on the teacher's performance in the classroom, except that this
paragraph shall not apply to an activity if such activity is one component
of a long-term comprehensive professional development plan established by
the teacher and the teacher's supervisor based upon an assessment of their
needs, their students' needs, and the needs of the local educational
agency;
`(H) be developed with extensive participation of teachers,
principals, parents, and administrators of schools to be served under this
part;
`(I) to the extent appropriate, provide training for teachers in the
use of technology so that technology and its applications are effectively
used in the classroom to improve teaching and learning in the curriculum
and academic content areas in which the teachers provide
instruction;
`(J) as a whole, be regularly evaluated for their impact on increased
teacher effectiveness and improved student achievement, with the findings
of such evaluations used to improve the quality of professional
development; and
`(K) include strategies for identifying and eliminating gender and
racial bias in instructional materials, methods, and practices.
`(2) OPTIONAL ACTIVITIES- Such professional development activities may
include--
`(A) instruction in the use of data and assessments to inform and
instruct classroom practice;
`(B) instruction in ways that teachers, principals, pupil services
personnel, and school administrators may work more effectively with
parents;
`(C) the forming of partnerships with institutions of higher education
to establish school-based teacher training programs that provide
prospective teachers and novice teachers with an opportunity to work under
the guidance of experienced teachers and college faculty;
`(D) the creation of career ladder programs for paraprofessionals
(assisting teachers under this part) to obtain the education necessary for
such paraprofessionals to become licensed and certified teachers;
`(E) instruction in ways to teach special needs children;
`(F) instruction in the ways that teachers, principals, and guidance
counselors can work with parents and students from groups, such as females
and minorities which are under represented in careers in mathematics,
science, engineering, and technology, to encourage and maintain the
interest of such students in these careers;
`(G) joint professional development activities involving programs
under this part, Head Start, Even Start, or State-run preschool program
personnel;
`(H) instruction in experiential-based teaching methods such as
service or applied learning;
`(I) mentoring programs focusing on changing teacher behaviors and
practices to help novice teachers, including teachers who are members of a
minority group, develop and gain confidence in their skills, to increase
the likelihood that they will continue in the teaching profession, and
generally to improve the quality of their teaching; and
`(J) instruction in gender-equitable methods, techniques, and
practices.
`(c) PROGRAM PARTICIPATION- Each local educational agency receiving
assistance under this part may design professional development programs so
that--
`(1) all school staff in schools participating in a schoolwide program
under section 1114 can participate in professional development activities;
and
`(2) all school staff in targeted assistance schools may participate in
professional development activities if such participation will result in
better addressing the needs of students served under this part.
`(d) PARENTAL PARTICIPATION- Parents may participate in professional
development activities under this part if the school determines that parental
participation is appropriate.
`(e) CONSORTIA- In carrying out such professional development programs,
local educational agencies may provide services through consortia arrangements
with other local educational agencies, educational service agencies or other
local consortia, institutions of higher education, or other public or private
institutions or organizations.
`(f) CONSOLIDATION OF FUNDS- Funds provided under this part that are used
for professional development purposes may be consolidated with funds provided
under title II of this Act and other sources.
`(g) DEFINITION- The term `fully qualified' has the same meaning given
such term in section 1610.
`(h) SPECIAL RULE- No State educational agency shall require a school or a
local educational agency to expend a specific amount of funds for professional
development activities under this part, except that this paragraph shall not
apply with respect to requirements under section 1116(c)(9).'.
SEC. 118. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) GENERAL REQUIREMENT- Subsection (a) of section 1120 (20 U.S.C.
6321(a)) is amended to read as follows:
`(a) GENERAL REQUIREMENT-
`(1) IN GENERAL- To the extent consistent with the number of eligible
children identified under section 1115(b) in a local educational agency who
are enrolled in private elementary and secondary schools, a local
educational agency shall, after timely and meaningful consultation with
appropriate private school officials, provide such children, on an equitable
basis, special educational services or other benefits under this part (such
as dual enrollment, educational radio and television, computer equipment and
materials, other technology, and mobile educational services and equipment)
that address their needs, and shall ensure that teachers and families of
these students participate, on an equitable basis, in services and
activities developed pursuant to sections 1118 and 1119A.
`(2) SECULAR, NEUTRAL, NONIDEOLOGICAL- Such educational services or
other benefits, including materials and equipment, shall be secular,
neutral, and nonideological.
`(3) EQUITY- Educational services and other benefits for such private
school children shall be equitable in comparison to services and other
benefits for public school children participating under this part, and shall
be provided in a timely manner.
`(4) EXPENDITURES- Expenditures for educational services and other
benefits to eligible private school children shall be equal to the
proportion of funds allocated to participating school attendance areas based
on the number of children from low-income families who attend private
schools, which the local educational agency may determine each year or every
2 years.
`(5) PROVISION OF SERVICES- The local educational agency shall provide
services under this section directly or through contracts with public and
private agencies, organizations, and institutions.'.
(b) CONSULTATION- Subsection (b) of section 1120 (20 U.S.C. 6321(b)) is
amended to read as follows:
`(1) IN GENERAL- To ensure timely and meaningful consultation, a local
educational agency shall consult with appropriate private school officials
during the design and development of such agency's programs under this part,
on issues such as--
`(A) how the children's needs will be identified;
`(B) what services will be offered;
`(C) how, where, and by whom the services will be provided;
`(D) how the services will be assessed and how the results of that
assessment will be used to improve those services;
`(E) the size and scope of the equitable services to be provided to
the eligible private school children, and the amount of funds generated by
low-income private school children in each participating attendance
area;
`(F) the method or sources of data that are used under subsection
(a)(4) and section 1113(c)(2) to determine the number of children from
low-income families in participating school attendance areas who attend
private schools; and
`(G) how and when the agency will make decisions about the delivery of
services to such children, including a thorough consideration and analysis
of the views of the private school officials on the provision of contract
services through potential third party providers. If the local educational
agency disagrees with the views of the private school officials on the
provision of services, through a contract, the local educational agency
shall provide in writing to such private school officials, an analysis of
the reasons why the local educational agency has chosen not to use a
contractor.
`(2) TIMING- Such consultation shall include meetings of agency and
private school officials and shall occur before the local educational agency
makes any decision that affects the opportunities of eligible private school
children to participate in programs under this part. Such meetings shall
continue throughout implementation and assessment of services provided under
this section.
`(3) DISCUSSION- Such consultation shall include a discussion of service
delivery mechanisms a local educational agency can use to provide equitable
services to eligible private school children.
`(4) DOCUMENTATION- Each local educational agency shall provide to the
State educational agency, and maintain in its records, a written affirmation
signed by officials of each participating private school that the
consultation required by this section has occurred.
`(5) COMPLIANCE- Private school officials shall have the right to appeal
to the State as to whether the consultation provided for in this section was
meaningful and timely, and that due consideration was given to the views of
private school officials. If the private school wishes to appeal, the basis
of the claim of noncompliance with this section by the local educational
agencies shall be provided to the State, and the local educational agency
shall forward the documentation provided in subsection (b)(3) to the
State.'.
(c) STANDARDS FOR BYPASS- Subsection (d) of section 1120 (20 U.S.C.
6321(d)) is amended to read as follows:
`(d) STANDARDS FOR A BYPASS- If a local educational agency is prohibited
by law from providing for the participation on an equitable basis of eligible
children enrolled in private elementary and secondary schools or if the
Secretary determines that a local educational agency has substantially failed
or is unwilling to provide for such participation, as required by this
section, the Secretary shall--
`(1) waive the requirements of this section for such local educational
agency;
`(2) arrange for the provision of services to such children through
arrangements that shall be subject to the requirements of this section and
sections 14505 and 14506; and
`(3) in making the determination, consider one or more factors,
including the quality, size, scope, and location of the program and the
opportunity of eligible children to participate.'.
(d) CAPITAL EXPENSES- Effective September 30, 2002, subsection (e) of
section 1120 (20 U.S.C. 6321(e)) is hereby repealed.
SEC. 119. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323 et seq.) is amended--
(1) in subsection (a), by striking `to the extent feasible' and all that
follows through the period and inserting `with local Head Start agencies,
and if feasible, other early childhood development programs.';
(A) in paragraph (3) by striking `and' after the semicolon;
(B) in paragraph (4) by striking the period and inserting `; and';
and
(C) by adding at the end, the following:
`(5) linking the educational services provided in such local educational
agency with the services provided in local Head Start agencies.'.
SEC. 120. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 is amended to read as follows:
`SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
`(a) RESERVATION OF FUNDS- From the amount appropriated for payments to
States for any fiscal year under section 1002(a), the Secretary shall reserve
a total of 1 percent to provide assistance to--
`(1) the outlying areas in the amount determined in accordance with
subsection (b); and
`(2) the Secretary of the Interior in the amount necessary to make
payments pursuant to subsection (d).
`(b) ASSISTANCE TO OUTLYING AREAS-
`(1) FUNDS RESERVED- From the amount made available for any fiscal year
under subsection (a), the Secretary shall award grants to the outlying
areas.
`(2) COMPETITIVE GRANTS- For fiscal years 2000 and 2001, the Secretary
shall carry out the competition described in paragraph (3), except that the
amount reserved to carry out such competition shall not exceed the amount
reserved under this section for the freely associated states for fiscal year
1999.
`(3) LIMITATION FOR COMPETITIVE GRANTS-
`(A) COMPETITIVE GRANTS- The Secretary shall use funds described in
paragraph (2) to award grants, on a competitive basis, to the outlying
areas and freely associated States to carry out the purposes of this
part.
`(B) AWARD BASIS- The Secretary shall award grants under subparagraph
(A) on a competitive basis, pursuant to the recommendations of the Pacific
Region Educational Laboratory in Honolulu, Hawaii.
`(C) TERMINATION OF ELIGIBILITY- Notwithstanding any other provision
of law, the freely associated States shall not receive any funds under
this part after September 30, 2001.
`(D) ADMINISTRATIVE COSTS- The Secretary may provide not more than
five percent of the amount reserved for grants under this paragraph to pay
the administrative costs of the Pacific Region Educational Laboratory
under subparagraph (B).
`(4) SPECIAL RULE- The provisions of Public Law 95-134, permitting the
consolidation of grants by the outlying areas, shall not apply to funds
provided to the freely associated States under this section.
`(c) DEFINITIONS- For the purposes of subsection (a) and (b)--
`(1) the term `freely associated States' means the Republic of the
Marshall Islands, the Federated States of Micronesia, and the Republic of
Palau; and
`(2) the term `outlying area' means the United States Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
`(d) ALLOTMENT TO THE SECRETARY OF THE INTERIOR-
`(1) IN GENERAL- The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year shall be, as
determined pursuant to criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
`(A) Indian children on reservations served by elementary and
secondary schools for Indian children operated or supported by the
Department of the Interior; and
`(B) out-of-State Indian children in elementary and secondary schools
in local educational agencies under special contracts with the Department
of the Interior.
`(2) PAYMENTS- From the amount allotted for payments to the Secretary of
the Interior under subsection (a)(2), the Secretary of the Interior shall
make payments to local educational agencies, upon such terms as the
Secretary determines will best carry out the purposes of this part, with
respect to out-of-State Indian children described in paragraph (1). The
amount of such payment may not exceed, for each such child, the greater
of--
`(A) 40 percent of the average per pupil expenditure in the State in
which the agency is located; or
`(B) 48 percent of such expenditure in the United States.'.
SEC. 121. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332 et seq.) is amended to read as follows:
`SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND TARGETED
GRANTS.
`(a) ALLOCATION FORMULA- Of the amount authorized to be appropriated to
carry out this part for each of fiscal years 2000 through 2004 (referred to in
this subsection as the current fiscal year)--
`(1) an amount equal to the amount appropriated to carry out section
1124 for fiscal year 1999 plus 42.5 percent of the amount, if any, by which
the amount appropriated under section 1002(a) for the current fiscal year
exceeds the amount appropriated under such section for fiscal year 1999
shall be allocated in accordance with section 1124;
`(2) an amount equal to the amount appropriated to carry out section
1124A for fiscal year 1999 plus 7.5 percent of the amount, if any, by which
the amount appropriated under section 1002(a) for the current fiscal year
exceeds the amount appropriated under such section for fiscal year 1999
shall be allocated in accordance with section 1124A; and
`(3) an amount equal to 50 percent of the amount, if any, by which the
amount appropriated under section 1002(a) for the current fiscal year
exceeds the amount appropriated under such section for fiscal year 1999
shall be allocated in accordance with section 1125.
`(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS-
`(1) IN GENERAL- If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all local educational
agencies in States are eligible to receive under sections 1124, 1124A, and
1125 for such year, the Secretary shall ratably reduce the allocations to
such local educational agencies, subject to subsections (c) and (d) of this
section.
`(2) ADDITIONAL FUNDS- If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal year,
allocations that were reduced under paragraph (1) shall be increased on the
same basis as they were reduced.
`(c) HOLD-HARMLESS AMOUNTS-
`(1) AMOUNTS FOR SECTIONS 1124 AND 1125- For each fiscal year, the
amount made available to each local educational agency under each of
sections 1124 and 1125 shall be--
`(A) not less than 95 percent of the amount made available in the
preceding fiscal year if the number of children counted for grants under
section 1124 is not less than 30 percent of the total number of children
aged 5 to 17 years, inclusive, in the local educational agency;
`(B) not less than 90 percent of the amount made available in the
preceding fiscal year if the percentage described in subparagraph (A) is
between 15 percent and 30 percent; and
`(C) not less than 85 percent of the amount made available in the
preceding fiscal year if the percentage described in subparagraph (A) is
below 15 percent.
`(2) AMOUNT FOR SECTION 1124A- The amount made available to each local
educational agency under section 1124A shall be not less than 85 percent of
the amount made available in the preceding fiscal year.
`(3) PAYMENTS- If sufficient funds are appropriated, the amounts
described in paragraph (2) shall be paid to all local educational agencies
that received grants under section 1124A for the preceding fiscal year,
regardless of whether the local educational agency meets the minimum
eligibility criteria for that fiscal year provided in section 1124A(a)(1)(A)
except that a local educational agency that does not meet such minimum
eligibility criteria for four consecutive years shall no longer be eligible
to receive a hold harmless amount referred to in paragraph (2).
`(4) POPULATION DATA- In any fiscal year for which the Secretary
calculates grants on the basis of population data for counties, the
Secretary shall apply the hold harmless percentages in paragraphs (1) and
(2) to counties, and if the Secretary's allocation for a county is not
sufficient to meet the hold-harmless requirements of this subsection for
every local educational agency within that county, the State educational
agency shall reallocate funds proportionately from all other local
educational agencies in the State that are receiving funds in excess of the
hold harmless amounts specified in this subsection.
`(1) IN GENERAL- If the sums made available under this part for any
fiscal year are insufficient to pay the full amounts that all States are
eligible to receive under subsection (c) for such year, the Secretary shall
ratably reduce such amounts for such year.
`(2) ADDITIONAL FUNDS- If additional funds become available for making
payments under subsection (c) for such fiscal year, amounts that were
reduced under paragraph (1) shall be increased on the same basis as such
amounts were reduced.
`(e) DEFINITION- For the purpose of this section and sections 1124, 1124A,
and 1125, the term `State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.'.
SEC. 122. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333 et seq.) is amended to read as follows:
`SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO RICO- Except as
provided in paragraph (4) and in section 1126, the grant that a local
educational agency is eligible to receive under this section for a fiscal
year is the amount determined by multiplying--
`(A) the number of children counted under subsection (c); and
`(B) 40 percent of the average per-pupil expenditure in the State,
except that the amount determined under this subparagraph shall not be
less than 32 percent or more than 48 percent, of the average per-pupil
expenditure in the United States.
`(2) CALCULATION OF GRANTS-
`(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- The Secretary shall
calculate grants under this section on the basis of the number of children
counted under subsection (c) for local educational agencies, unless the
Secretary and the Secretary of Commerce determine that some or all of
those data are unreliable or that their use would be otherwise
inappropriate, in which case--
`(i) the two Secretaries shall publicly disclose the reasons for
their determination in detail; and
`(ii) paragraph (3) shall apply.
`(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDUCATIONAL AGENCIES- (i)
For any fiscal year in which this paragraph applies, the Secretary shall
calculate grants under this section for each local educational
agency.
`(ii) The amount of a grant under this section for each large local
educational agency shall be the amount determined under clause
(i).
`(iii) For small local educational agencies, the State educational
agency may either--
`(I) distribute grants under this section in amounts determined by
the Secretary under clause (i); or
`(II) use an alternative method approved by the Secretary to
distribute the portion of the State's total grants under this section
that is based on those small agencies.
`(iv) An alternative method under clause (iii)(II) shall be based on
population data that the State educational agency determines best reflect
the current distribution of children in poor families among the State's
small local educational agencies that meet the eligibility criteria of
subsection (b).
`(v) If a small local educational agency is dissatisfied with the
determination of its grant by the State educational agency under clause
(iii)(II), it may appeal that determination to the Secretary, who shall
respond not later than 45 days after receipt of such appeal.
`(vi) As used in this subparagraph--
`(I) the term `large local educational agency' means a local
educational agency serving an area with a total population of 20,000 or
more; and
`(II) the term `small local educational agency' means a local
educational agency serving an area with a total population of less than
20,000.
`(3) ALLOCATIONS TO COUNTIES-
`(A) CALCULATION- For any fiscal year to which this paragraph applies,
the Secretary shall calculate grants under this section on the basis of
the number of children counted under section 1124(c) for counties, and
State educational agencies shall suballocate county amounts to local
educational agencies, in accordance with regulations issued by the
Secretary.
`(B) DIRECT ALLOCATIONS- In any State in which a large number of local
educational agencies overlap county boundaries, or for which the State
believes it has data that would better target funds than allocating them by
county, the State educational agency may apply to the Secretary for
authority to make the allocations under this part for a particular fiscal
year directly to local educational agencies without regard to
counties.
`(C) ASSURANCES- If the Secretary approves the State educational
agency's application under subparagraph (B), the State educational agency
shall provide the Secretary an assurance that such allocations shall be
made--
`(i) using precisely the same factors for determining a grant as are
used under this part; or
`(ii) using data that the State educational agency submits to the
Secretary for approval that more accurately target poverty.
`(D) APPEAL- The State educational agency shall provide the Secretary an
assurance that it shall establish a procedure through which a local
educational agency that is dissatisfied with its determinations under
subparagraph (B) may appeal directly to the Secretary for a final
determination.
`(A) IN GENERAL- For each fiscal year, the grant which the
Commonwealth of Puerto Rico shall be eligible to receive under this
section shall be the amount determined by multiplying the number of
children counted under subsection (c) for the Commonwealth of Puerto Rico
by the product of--
`(i) the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per pupil expenditure
of any of the 50 States; and
`(ii) 32 percent of the average per pupil expenditure in the United
States.
`(B) MINIMUM PERCENTAGE- The percentage in subparagraph (A)(i) shall not
be less than--
`(i) for fiscal year 2000, 75.0 percent;
`(ii) for fiscal year 2001, 77.5 percent;
`(iii) for fiscal year 2002, 80.0 percent;
`(iv) for fiscal year 2003, 82.5 percent; and
`(v) for fiscal year 2004 and succeeding fiscal years, 85.0
percent.
`(C) LIMITATION- If the application of subparagraph (B) would result in
any of the 50 States or the District of Columbia receiving less under this
part than it received under this part for the preceding fiscal year, the
percentage in subparagraph (A) shall be the greater of the percentage in
subparagraph (A)(i) or the percentage used for the preceding fiscal
year.
`(5) DEFINITION- For purposes of this subsection, the term `State' does
not include Guam, American Samoa, the Virgin Islands, and the Northern
Mariana Islands.
`(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY- A local educational agency is
eligible for a basic grant under this section for any fiscal year only if the
number of children counted under subsection (c) for that agency is both--
`(2) more than 2 percent of the total school-age population in the
agency's jurisdiction.
`(c) CHILDREN TO BE COUNTED-
`(1) CATEGORIES OF CHILDREN- The number of children to be counted for
purposes of this section is the aggregate of--
`(A) the number of children aged 5 to 17, inclusive, in the school
district of the local educational agency from families below the poverty
level as determined under paragraph (2);
`(B) the number of children (determined under paragraph (4) for either
the preceding year as described in that paragraph, or for the second
preceding year, as the Secretary finds appropriate) aged 5 to 17,
inclusive, in the school district of such agency in institutions for
neglected and delinquent children (other than such institutions operated
by the United States), but not counted pursuant to subpart 1 of part D for
the purposes of a grant to a State agency, or being supported in foster
homes with public funds; and
`(C) the number of children aged 5 to 17, inclusive, in the school
district of such agency from families above the poverty level as
determined under paragraph (4).
`(2) DETERMINATION OF NUMBER OF CHILDREN- For the purposes of this
section, the Secretary shall determine the number of children aged 5 to 17,
inclusive, from families below the poverty level on the basis of the most
recent satisfactory data, described in paragraph (3), available from the
Department of Commerce. The District of Columbia and the Commonwealth of
Puerto Rico shall be treated as individual local educational agencies. If a
local educational agency contains two or more counties in their entirety,
then each county will be treated as if such county were a separate local
educational agency for purposes of calculating grants under this part. The
total of grants for such counties shall be allocated to such a local
educational agency, which local educational agency shall distribute to
schools in each county within such agency a share of the local educational
agency's total grant that is no less than the county's share of the
population counts used to calculate the local educational agency's
grant.
`(3) POPULATION UPDATES- In fiscal year 2001 and every 2 years
thereafter, the Secretary shall use updated data on the number of children,
aged 5 to 17, inclusive, from families below the poverty level for local
educational agencies or counties, published by the Department of Commerce,
unless the Secretary and the Secretary of Commerce determine that use of the
updated population data would be inappropriate or unreliable. If the
Secretary and the Secretary of Commerce determine that some or all of the
data referred to in this paragraph are inappropriate or unreliable, they
shall publicly disclose their reasons. In determining the families which are
below the poverty level, the Secretary shall utilize the criteria of poverty
used by the Bureau of the Census in compiling the most recent decennial
census, in such form as those criteria have been updated by increases in the
Consumer Price Index for all urban consumers, published by the Bureau of
Labor Statistics.
`(4) OTHER CHILDREN TO BE COUNTED- For the purposes of this section, the
Secretary shall determine the number of children aged 5 to 17, inclusive,
from families above the poverty level on the basis of the number of such
children from families receiving an annual income, in excess of the current
criteria of poverty, from payments under a State program funded under part A
of title IV of the Social Security Act; and in making such determinations
the Secretary shall utilize the criteria of poverty used by the Bureau of
the Census in compiling the most recent decennial census for a family of
four in such form as those criteria have been updated by increases in the
Consumer Price Index for all urban consumers, published by the Bureau of
Labor Statistics. The Secretary shall determine the number of such children
and the number of children aged 5 through 17 living in institutions for
neglected or delinquent children, or being supported in foster homes with
public funds, on the basis of the caseload data for the month of October of
the preceding fiscal year (using, in the case of children described in the
preceding sentence, the criteria of poverty and the form of such criteria
required by such sentence which were determined for the calendar year
preceding such month of October) or, to the extent that such data are not
available to the Secretary before January of the calendar year in which the
Secretary's determination is made, then on the basis of the most recent
reliable data available to the Secretary at the time of such determination.
The Secretary of Health and Human Services shall collect and transmit the
information required by this subparagraph to the Secretary not later than
January 1 of each year. For the purpose of this section, the Secretary shall
consider all children who are in correctional institutions to be living in
institutions for delinquent children.
`(5) ESTIMATE- When requested by the Secretary, the Secretary of
Commerce shall make a special updated estimate of the number of children of
such ages who are from families below the poverty level (as determined under
subparagraph (A) of this paragraph) in each school district, and the
Secretary is authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give consideration to any request
of the chief executive of a State for the collection of additional census
information.
`(d) STATE MINIMUM- Notwithstanding section 1122, the aggregate amount
allotted for all local educational agencies within a State may not be less
than the lesser of--
`(1) 0.25 percent of total grants under this section; or
`(A) one-quarter of 1 percent of the total amount available for such
fiscal year under this section; and
`(B) the number of children in such State counted under subsection (c)
in the fiscal year multiplied by 150 percent of the national average per
pupil payment made with funds available under this section for that
year.'.
SEC. 123. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334 et seq.) is amended to read as follows:
`SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS-
`(1) IN GENERAL- (A) Except as otherwise provided in this paragraph,
each local educational agency, in a State other than Guam, American Samoa,
the Virgin Islands, and the Commonwealth of the Northern Mariana Islands,
which is eligible for a grant under section 1124 for any fiscal year is
eligible for an additional grant under this section for that fiscal year if
the number of children counted under section 1124(c) in the agency exceeds
either--
`(ii) 15 percent of the total number of children aged 5 through 17 in
the agency.
`(B) Notwithstanding section 1122, no State described in subparagraph
(A) shall receive less than the lesser of--
`(i) 0.25 percent of total grants; or
`(I) one-quarter of 1 percent of the sums available to carry out
this section for such fiscal year; and
`(bb) the number of children in such State counted for purposes of
this section in that fiscal year multiplied by 150 percent of the
national average per pupil payment made with funds available under
this section for that year.
`(2) SPECIAL RULE- For each county or local educational agency eligible
to receive an additional grant under this section for any fiscal year the
Secretary shall determine the product of--
`(A) the number of children counted under section 1124(c) for that
fiscal year; and
`(B) the quotient resulting from the division of the amount determined
for those agencies under section 1124(a)(1) for the fiscal year for which
the determination is being made divided by the total number of children
counted under section 1124(c) for that agency for that fiscal
year.
`(3) AMOUNT- The amount of the additional grant for which an eligible
local educational agency or county is eligible under this section for any
fiscal year shall be an amount which bears the same ratio to the amount
available to carry out this section for that fiscal year as the product
determined under paragraph (2) for such local educational agency for that
fiscal year bears to the sum of such products for all local educational
agencies in the United States for that fiscal year.
`(4) LOCAL ALLOCATIONS- (A) Grant amounts under this section shall be
determined in accordance with section 1124(a)(2) and (3).
`(B) For any fiscal year for which the Secretary allocates funds under
this section on the basis of counties, a State may reserve not more than 2
percent of its allocation under this section to make grants to local
educational agencies that meet the criteria of paragraph (1)(A)(i) or (ii)
but that are in ineligible counties that do not meet these criteria.
`(b) STATES RECEIVING MINIMUM GRANTS- In States that receive the minimum
grant under subsection (a)(1)(B), the State educational agency shall allocate
such funds among the local educational agencies in each State either--
`(1) in accordance with paragraphs (2) and (4) of subsection (a);
or
`(2) based on their respective concentrations and numbers of children
counted under section 1124(c), except that only those local educational
agencies with concentrations or numbers of children counted under section
1124(c) that exceed the statewide average percentage of such children or the
statewide average number of such children shall receive any funds on the
basis of this paragraph.'.
SEC. 124. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335 et seq.) is amended to read as follows:
`SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES- A local educational agency
in a State is eligible to receive a targeted grant under this section for any
fiscal year if the number of children in the local educational agency counted
under subsection 1124(c), before application of the weighting factor described
in subsection (c), is at least 10, and if the number of children counted for
grants under section 1124 is at least 5 percent of the total population aged 5
to 17 years, inclusive, in the local educational agency. For each fiscal year
for which the Secretary uses county population data to calculate grants, funds
made available as a result of applying this subsection shall be reallocated by
the State educational agency to other eligible local educational agencies in
the State in proportion to the distribution of other funds under this
section.
`(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT OF COLUMBIA, AND
PUERTO RICO-
`(1) IN GENERAL- The amount of the grant that a local educational agency
in a State or that the District of Columbia is eligible to receive under
this section for any fiscal year shall be the product of--
`(A) the weighted child count determined under subsection (c);
and
`(B) the amount in paragraph 1124(a)(1)(B).
`(2) PUERTO RICO- For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible under this section shall
be equal to the number of children counted under subsection (c) for Puerto
Rico, multiplied by the amount determined in subparagraph 1124(a)(4).
`(c) WEIGHTED CHILD COUNT-
`(1) WEIGHTS FOR ALLOCATIONS TO COUNTIES-
`(A) IN GENERAL- For each fiscal year for which the Secretary uses
county population data to calculate grants, the weighted child count used
to determine a county's allocation under this section is the larger of the
two amounts determined under clause (i) or (ii), as follows:
`(i) BY PERCENTAGE OF CHILDREN- This amount is determined by
adding--
`(I) the number of children determined under section 1124(c) for
that county constituting up to 12.20 percent, inclusive, of the
county's total population aged 5 to 17, inclusive, multiplied by
1.0;
`(II) the number of such children constituting more than 12.20
percent, but not more than 17.70 percent, of such population,
multiplied by 1.75;
`(III) the number of such children constituting more than 17.70
percent, but not more than 22.80 percent, of such population,
multiplied by 2.5;
`(IV) the number of such children constituting more than 22.80
percent, but not more than 29.70 percent, of such population,
multiplied by 3.25; and
`(V) the number of such children constituting more than 29.70
percent of such population, multiplied by 4.0.
`(ii) BY NUMBER OF CHILDREN- This amount is determined by
adding--
`(I) the number of children determined under section 1124(c)
constituting up to 1,917, inclusive, of the county's total population
aged 5 to 17, inclusive, multiplied by 1.0;
`(II) the number of such children between 1,918 and 5,938,
inclusive, in such population, multiplied by 1.5;
`(III) the number of such children between 5,939 and 20,199,
inclusive, in such population, multiplied by 2.0;
`(IV) the number of such children between 20,200 and 77,999,
inclusive, in such population, multiplied by 2.5; and
`(V) the number of such children in excess of 77,999 in such
population, multiplied by 3.0.
`(B) PUERTO RICO- Notwithstanding subparagraph (A), the weighted child
count for Puerto Rico under this paragraph shall not be greater than the
total number of children counted under subsection 1124(c) multiplied by
1.72.
`(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES-
`(A) IN GENERAL- For each fiscal year for which the Secretary uses
local educational agency data, the weighted child count used to determine
a local educational agency's grant under this section is the larger of the
two amounts determined under clauses (i) and (ii), as follows:
`(i) BY PERCENTAGE OF CHILDREN- This amount is determined by
adding--
`(I) the number of children determined under section 1124(c) for
that local educational agency constituting up to 14.265 percent,
inclusive, of the agency's total population aged 5 to 17, inclusive,
multiplied by 1.0;
`(II) the number of such children constituting more than 14.265
percent, but not more than 21.553 percent, of such population,
multiplied by 1.75;
`(III) the number of such children constituting more than 21.553
percent, but not more than 29.223 percent, of such population,
multiplied by 2.5;
`(IV) the number of such children constituting more than 29.223
percent, but not more than 36.538 percent, of such population,
multiplied by 3.25; and
`(V) the number of such children constituting more than 36.538
percent of such population, multiplied by 4.0.
`(ii) BY NUMBER OF CHILDREN- This amount is determined by
adding--
`(I) the number of children determined under section 1124(c)
constituting up to 575, inclusive, of the agency's total population
aged 5 to 17, inclusive, multiplied by 1.0;
`(II) the number of such children between 576 and 1,870,
inclusive, in such population, multiplied by 1.5;
`(III) the number of such children between 1,871 and 6,910,
inclusive, in such population, multiplied by 2.0;
`(IV) the number of such children between 6,911 and 42,000,
inclusive, in such population, multiplied by 2.5; and
`(V) the number of such children in excess of 42,000 in such
population, multiplied by 3.0.
`(B) PUERTO RICO- Notwithstanding subparagraph (A), the weighted child
count for Puerto Rico under this paragraph shall not be greater than the
total number of children counted under section 1124(c) multiplied by
1.72.
`(d) CALCULATION OF GRANT AMOUNTS- Grants under this section shall be
calculated in accordance with section 1124(a)(2) and (3).
`(e) STATE MINIMUM- Notwithstanding any other provision of this section or
section 1122, from the total amount available for any fiscal year to carry out
this section, each State shall be allotted at least the lesser of--
`(1) 0.25 percent of total appropriations; or
`(A) one-quarter of 1 percent of the total amount available to carry
out this section; and
`(B) 150 percent of the national average grant under this section per
child described in section 1124(c), without application of a weighting
factor, multiplied by the State's total number of children described in
section 1124(c), without application of a weighting factor.'.
SEC. 125. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337 et seq.) is amended to read as follows:
`SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
`(a) ALLOCATIONS FOR NEGLECTED CHILDREN-
`(1) IN GENERAL- If a State educational agency determines that a local
educational agency in the State is unable or unwilling to provide for the
special educational needs of children who are living in institutions for
neglected children as described in subparagraph (B) of section 1124(c)(1),
the State educational agency shall, if such agency assumes responsibility
for the special educational needs of such children, receive the portion of
such local educational agency's allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
`(2) SPECIAL RULE- If the State educational agency does not assume such
responsibility, any other State or local public agency that does assume such
responsibility shall receive that portion of the local educational agency's
allocation.
`(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES- The State educational
agency may allocate the amounts of grants under sections 1124, 1124A, and 1125
among the affected local educational agencies--
`(1) if two or more local educational agencies serve, in whole or in
part, the same geographical area;
`(2) if a local educational agency provides free public education for
children who reside in the school district of another local educational
agency; or
`(3) to reflect the merger, creation, or change of boundaries of one or
more local educational agencies.
`(c) REALLOCATION- If a State educational agency determines that the
amount of a grant a local educational agency would receive under sections
1124, 1124A, and 1125 is more than such local agency will use, the State
educational agency shall make the excess amount available to other local
educational agencies in the State that need additional funds in accordance
with criteria established by the State educational agency.'.
SEC. 126. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
Part A is amended by adding at the end the following:
`SEC. 1128. SECULAR, NEUTRAL, AND NONIDEOLOGICAL.
`Any school that receives funds under this part shall ensure that
educational services or other benefits provided under this part, including
materials and equipment, shall be secular, neutral, and nonideological.'.
PART B--EDUCATION OF MIGRATORY CHILDREN
SEC. 131. STATE ALLOCATIONS.
Section 1303 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6393) is amended--
(1) by amending subsection (a) to read as follows:
`(1) FISCAL YEAR 2000- For fiscal year 2000, each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under this part an
amount equal to--
`(A) the sum of the estimated number of migratory children aged three
through 21 who reside in the State full time and the full-time equivalent
of the estimated number of migratory children aged three through 21 who
reside in the State part time, as determined in accordance with subsection
(e); multiplied by
`(B) 40 percent of the average per-pupil expenditure in the State,
except that the amount determined under this paragraph shall not be less
than 32 percent, nor more than 48 percent, of the average expenditure per
pupil in the United States.
`(i) IN GENERAL- Except as provided in subsection (b) and clause
(ii), each State is entitled to receive under this part, for fiscal year
2001 and succeeding fiscal years, an amount equal to--
`(I) the amount that such State received under this part for
fiscal year 2000; plus
`(II) the amount allocated to the State under subparagraph
(B).
`(ii) NONPARTICIPATING STATES- In the case of a State (other than
the Commonwealth of Puerto Rico) that did not receive any funds for
fiscal year 2000 under this part, the State shall receive, for fiscal
year 2001 and succeeding fiscal years, an amount equal to--
`(I) the amount that such State would have received under this
part for fiscal year 2000 if its application under section 1304 for
the year had been approved; plus
`(II) the amount allocated to the State under subparagraph
(B).
`(B) ALLOCATION OF ADDITIONAL AMOUNT- For fiscal year 2001 and
succeeding fiscal years, the amount (if any) by which the funds
appropriated to carry out this part for the year exceed such funds for
fiscal year 2000 shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State receives an amount equal
to--
`(I) the number of identified eligible migratory children, aged 3
through 21, residing in the State during the previous year;
and
`(II) the number of identified eligible migratory children, aged 3
through 21, who received services under this part in summer or
intersession programs provided by the State during such year;
multiplied by
`(ii) 40 percent of the average per-pupil expenditure in the State,
except that the amount determined under this clause may not be less than
32 percent, or more than 48 percent, of the average expenditure
per-pupil in the United States.';
(2) by amending subsection (b) to read as follows:
`(b) ALLOCATION TO PUERTO RICO-
`(1) FISCAL YEAR 2000- For fiscal year 2000, the grant which the
Commonwealth of Puerto Rico shall be eligible to receive under this section
shall be the amount determined by multiplying the number of children counted
under subsection (a)(1)(A) for the Commonwealth of Puerto Rico by the
product of--
`(A) the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per pupil expenditure
of any of the 50 States; and
`(B) 32 percent of the average per pupil expenditure in the United
States.
`(2) SUBSEQUENT FISCAL YEARS- For each fiscal year after fiscal year
2000, the grant which the Commonwealth of Puerto Rico shall be eligible to
receive under this section shall be the amount determined by multiplying the
number of children counted under subsection (a)(2)(B)(i)(I) and
(a)(2)(B)(i)(II) for the Commonwealth of Puerto Rico during the previous
fiscal year, by the product of--
`(A) the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per pupil expenditure
of any of the 50 States; and
`(B) 32 percent of the average per pupil expenditure in the United
States.
`(A) FISCAL YEAR 2000- The percentage in paragraph (1)(A) shall not be
less than 75.0 percent.
`(B) SUBSEQUENT FISCAL YEARS- The percentage in paragraph (2)(A) shall
not be less than--
`(i) for fiscal year 2001, 77.5 percent;
`(ii) for fiscal year 2002, 80.0 percent;
`(iii) for fiscal year 2003, 82.5 percent; and
`(iv) for fiscal year 2004 and succeeding fiscal years, 85.0
percent.
`(4) SPECIAL RULE- If the application of paragraph (3) would result in
any of the 50 States or the District of Columbia receiving less under this
part than it recieved under this part for the preceding fiscal year, the
percentage in paragraph (1) or (2), respectively, shall be the greater of
the percentage in paragraph (1)(A) or (2)(A) the percentage used for the
preceding fiscal year.'; and
(3) by striking subsections (d) and (e).
SEC. 132. STATE APPLICATIONS; SERVICES.
(a) PROGRAM INFORMATION- Section 1304(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6394(b)) is amended--
(1) in paragraph (1), by striking `addressed through' and all that
follows through the semicolon at the end and inserting the following:
`(A) the full range of services that are available for migratory
children from appropriate local, State, and Federal educational
programs;
`(B) joint planning among local, State, and Federal educational
programs serving migrant children, including programs under parts A and C
of title VII;
`(C) the integration of services available under this part with
services provided by those other programs; and
`(D) measurable program goals and outcomes;';
(2) in paragraph (5), by striking `the requirements of paragraph (1);
and' and inserting `the numbers and needs of migratory children, the
requirements of subsection (d), and the availability of funds from other
Federal, State, and local programs;';
(3) in paragraph (6), by striking the period at the end and inserting `;
and'; and
(4) by adding at the end the following:
`(7) a description of how the State will encourage programs and projects
assisted under this part to offer family literacy services if the program or
project serves a substantial number of migratory children who have parents
who do not have a high school diploma or its recognized equivalent or who
have low levels of literacy.'.
(b) ASSURANCES- Section 1304(c) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6394(c)) is amended--
(1) in paragraph (1), by striking `1306(b)(1);' and inserting
`1306(a);';
(A) by striking `appropriate';
(B) by striking `out, to the extent feasible,' and inserting `out';
and
(C) by striking `1118;' and inserting `1118, unless extraordinary
circumstances make implementation consistent with such section
impractical;'; and
(3) in paragraph (7), by striking `section 1303(e)' and inserting
`paragraphs (1)(A) and (2)(B)(i) of section 1303(a)'.
SEC. 133. AUTHORIZED ACTIVITIES.
Section 1306 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6396) is amended to read as follows:
`SEC. 1306. AUTHORIZED ACTIVITIES.
`(1) FLEXIBILITY- Each State educational agency, through its local
educational agencies, shall have the flexibility to determine the activities
to be provided with funds made available under this part, except that such
funds shall first be used to meet the identified needs of migratory children
that result from their migratory lifestyle, and to permit these children to
participate effectively in school.
`(2) UNADDRESSED NEEDS- Funds provided under this part shall be used to
address the needs of migratory children that are not addressed by services
available from other Federal or non-Federal programs, except that migratory
children who are eligible to receive services under part A of this title may
receive those services through funds provided under that part, or through
funds under this part that remain after the agency addresses the needs
described in paragraph (1).
`(b) CONSTRUCTION- Nothing in this part shall be construed to prohibit a
local educational agency from serving migratory children simultaneously with
students with similar educational needs in the same educational settings,
where appropriate.
`(c) SPECIAL RULE- Notwithstanding section 1114, a school that receives
funds under this part shall continue to address the identified needs described
in subsection (a)(1).'.
SEC. 134. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
(a) DURATION- Section 1308(a)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6398(a)(2)) is amended by striking `subpart' and
inserting `subsection'.
(b) STUDENT RECORDS- Section 1308(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6398(b)) is amended to read as follows:
`(1) ASSISTANCE- The Secretary shall assist States in developing
effective methods for the transfer of student records and in determining the
number of migratory children in each State. The Secretary, in consultation
with the States, shall determine the minimum data elements for records to be
maintained and transferred when funds under this part are used for such
purpose. The Secretary may assist States to implement a system of electronic
records maintenance and transfer for migrant students.
`(2) NO COST FOR CERTAIN TRANSFERS- A State educational agency or local
educational agency receiving assistance under this part shall make student
records available to another local educational agency that requests the
records at no cost to the requesting agency, if the request is made in order
to meet the needs of a migratory child.'.
(c) AVAILABILITY OF FUNDS- Section 1308(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6398(c)) is amended by striking `$6,000,000'
and inserting `$10,000,000'.
(d) INCENTIVE GRANTS- Section 1308(d) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6398(d)) is amended to read as follows:
`(d) INCENTIVE GRANTS- From the amounts made available to carry out this
section for any fiscal year, the Secretary may reserve not more than
$3,000,000 to award grants of not more than $250,000 on a competitive basis to
State educational agencies that propose a consortium arrangement with another
State or other appropriate entity that the Secretary determines, pursuant to
criteria that the Secretary shall establish, will improve the delivery of
services to migratory children whose education is interrupted.'.
PART C--NEGLECTED OR DELINQUENT YOUTH
SEC. 141. NEGLECTED OR DELINQUENT YOUTH.
The heading for part D of title I is amended to read as follows:
`PART D--PREVENTION AND INTERVENTION PROGRAMS FOR NEGLECTED OR
DELINQUENT CHILDREN AND YOUTH'.
SEC. 142. FINDINGS.
Section 1401(a) is amended by striking paragraphs (6) through (9) and
adding the following:
`(6) Youth returning from correctional facilities need to be involved in
programs that provide them with high level skills and other support to help
them stay in school and complete their education.
`(7) Pregnant and parenting teenagers are a high at-risk group for
dropping out of school and should be targeted by dropout prevention
programs.'.
SEC. 143. ALLOCATION OF FUNDS.
Section 1412(b) is amended to read as follows:
`(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO-
`(1) IN GENERAL- For each fiscal year, the amount of the subgrant for
which a State agency in the Commonwealth of Puerto Rico shall be eligible to
receive under this part shall be the amount determined by multiplying the
number of children counted under subparagraph (a)(1)(A) for the Commonwealth
of Puerto Rico by the product of--
`(A) the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per pupil expenditure
of any of the 50 States; and
`(B) 32 percent of the average per pupil expenditure in the United
States.
`(2) MINIMUM ALLOCATION- The percentage in paragraph (1)(A) shall not be
less than--
`(A) for fiscal year 2000, 75.0 percent;
`(B) for fiscal year 2001, 77.5 percent;
`(C) for fiscal year 2002, 80.0 percent;
`(D) for fiscal year 2003, 82.5 percent; and
`(E) for fiscal year 2004 and succeeding fiscal years, 85.0
percent.
`(3) SPECIAL RULE- If the application of paragraph (2) would result in
any of the 50 States or the District of Columbia receiving less under this
part than it received under this part for the preceding fiscal year, the
percentage in paragraph (1) shall be the greater of the percentage in
paragraph (1)(A) or the percentage used for the preceding fiscal
year.'.
SEC. 144. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 is amended to read as follows:
`SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
`(1) IN GENERAL- Each State educational agency that desires to receive a
grant under this part shall submit, for approval by the Secretary, a plan
for meeting the educational needs of neglected and delinquent youth, for
assisting in their transition from institutions to locally operated
programs, and which is integrated with other programs under this Act or
other Acts, as appropriate, consistent with section 14306.
`(2) CONTENTS- Each such State plan shall--
`(A) describe the program goals, objectives, and performance measures
established by the State that will be used to assess the effectiveness of
the program in improving academic and vocational and technical skills of
children in the program;
`(B) provide that, to the extent feasible, such children will have the
same opportunities to learn as such children would have if such children
were in the schools of local educational agencies in the State;
and
`(C) contain assurances that the State educational agency
will--
`(i) ensure that programs assisted under this part will be carried
out in accordance with the State plan described in this
subsection;
`(ii) carry out the evaluation requirements of section
1416;
`(iii) ensure that the State agencies receiving subgrants under this
subpart comply with all applicable statutory and regulatory
requirements; and
`(iv) provide such other information as the Secretary may reasonably
require.
`(3) DURATION OF THE PLAN- Each such State plan shall--
`(A) remain in effect for the duration of the State's participation
under this part; and
`(B) be periodically reviewed and revised by the State, as necessary,
to reflect changes in the State's strategies and programs under this
part.
`(b) SECRETARIAL APPROVAL; PEER REVIEW-
`(1) IN GENERAL- The Secretary shall approve each State plan that meets
the requirements of this part.
`(2) PEER REVIEW- The Secretary may review any State plan with the
assistance and advice of individuals with relevant expertise.
`(c) STATE AGENCY APPLICATIONS- Any State agency that desires to receive
funds to carry out a program under this part shall submit an application to
the State educational agency that--
`(1) describes the procedures to be used, consistent with the State plan
under section 1111, to assess the educational needs of the children to be
served;
`(2) provides assurances that in making services available to youth in
adult correctional facilities, priority will be given to such youth who are
likely to complete incarceration within a 2-year period;
`(3) describes the program, including a budget for the first year of the
program, with annual updates to be provided to the State educational
agency;
`(4) describes how the program will meet the goals and objectives of the
State plan under this subpart;
`(5) describes how the State agency will consult with experts and
provide the necessary training for appropriate staff, to ensure that the
planning and operation of institution-wide projects under section 1416 are
of high quality;
`(6) describes how the agency will carry out the evaluation requirements
of section 14701 and how the results of the most recent evaluation are used
to plan and improve the program;
`(7) includes data showing that the agency has maintained fiscal effort
required of a local educational agency, in accordance with section 14501 of
this title;
`(8) describes how the programs will be coordinated with other
appropriate State and Federal programs, such as programs under the Job
Training Partnership Act or title I of the Workforce Investment Act of 1998,
vocational and technical education programs, State and local dropout
prevention programs, and special education programs;
`(9) describes how States will encourage correctional facilities
receiving funds under this subpart to coordinate with local educational
agencies or alternative education programs attended by incarcerated youth
prior to their incarceration to ensure that student assessments and
appropriate academic records are shared jointly between the correctional
facility and the local educational agency or alternative education
program;
`(10) describes how appropriate professional development will be
provided to teachers and other staff;
`(11) designates an individual in each affected institution to be
responsible for issues relating to the transition of children and youth from
the institution to locally operated programs;
`(12) describes how the agency will, endeavor to coordinate with
businesses for training and mentoring for participating youth;
`(13) provides assurances that the agency will assist in locating
alternative programs through which students can continue their education if
students are not returning to school after leaving the correctional
facility;
`(14) provides assurances that the agency will work with parents to
secure parents' assistance in improving the educational achievement of their
children and preventing their children's further involvement in delinquent
activities;
`(15) provides assurances that the agency works with special education
youth in order to meet an existing individualized education program and an
assurance that the agency will notify the youth's local school if such
youth--
`(A) is identified as in need of special education services while the
youth is in the facility; and
`(B) intends to return to the local school;
`(16) provides assurances that the agency will work with youth who
dropped out of school before entering the facility to encourage the youth to
reenter school once the term of the youth has been completed or provide the
youth with the skills necessary to gain employment, continue the education
of the youth, or achieve a secondary school diploma or the recognized
equivalent if the youth does not intend to return to school;
`(17) provides assurances that teachers and other qualified staff are
also trained to work with children with disabilities and other students with
special needs taking into consideration the unique needs of such
students;
`(18) describes any additional services provided to youth, such as
career counseling, distance learning, and assistance in securing student
loans and grants; and
`(19) provides assurances that the program under this subpart will be
coordinated with any programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 or other comparable programs, if
applicable.'.
SEC. 145. USE OF FUNDS.
Section 1415(a) is amended--
(1) in paragraph (1)(B), by inserting `and vocational and technical
training' after `secondary school completion'; and
(2) in paragraph (2)(B)--
(A) in clause (i), by inserting `and' after the semicolon;
(B) in clause (ii), by striking `; and' and inserting a period;
and
(C) by striking clause (iii).
SEC. 146. PURPOSE.
Section 1421 is amended by striking paragraph (3) and inserting the
following:
`(3) operate programs for youth returning from correctional facilities
in local schools which may also serve youth at risk of dropping out of
school.'.
SEC. 147. TRANSITION SERVICES.
Section 1418(a) is amended by striking `10 percent' and inserting `15
percent'.
SEC. 148. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
Section 1422 is amended--
(1) in subsection (a), by striking `retained';
(2) by amending subsection (b) to read as follows:
`(b) SPECIAL RULE- A local educational agency which includes a
correctional facility that operates a school is not required to operate a
program of support for children returning from such school to a school not
operated by a correctional agency but served by such local educational agency
if more than 30 percent of the youth attending the school operated by the
correctional facility will reside outside the boundaries of the local
educational agency after leaving such facility.'; and
(3) by adding at the end of section 1422 the following:
`(d) TRANSITIONAL AND ACADEMIC SERVICES- Transitional and supportive
programs operated in local educational agencies under this subpart shall be
designed primarily to meet the transitional and academic needs of students
returning to local educational agencies or alternative education programs from
correctional facilities. Services to students at risk of dropping out of
school shall not have a negative impact on meeting the transitional and
academic needs of the students returning from correctional facilities.'.
SEC. 149. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Section 1423 is amended by striking paragraphs (4) through (9) and
inserting the following:
`(4) a description of the program operated by participating schools for
children returning from correctional facilities and the types of services
that such schools will provide such youth and other at-risk youth;
`(5) a description of the youth returning from correctional facilities
and, as appropriate, other at-risk youth expected to be served by the
program and how the school will coordinate existing educational programs to
meet the unique educational needs of such youth;
`(6) as appropriate, a description of how schools will coordinate with
existing social, health and other services to meet the needs of students
returning from correctional facilities, students at risk of dropping out of
school, and other participating students, including prenatal health care and
nutrition services related to the health of the parent and child, parenting
and child development classes, child care, targeted re-entry and outreach
programs, referrals to community resources, and scheduling
flexibility;
`(7) as appropriate, a description of any partnerships with local
businesses to develop training, curriculum-based youth entrepreneurship
education and mentoring services for participating students;
`(8) as appropriate, a description of how programs will involve parents
in efforts to improve the educational achievement of their children, prevent
the involvement of their children in delinquent activities, and encourage
their children to remain in school and complete their education;
`(9) a description of how the program under this subpart will be
coordinated with other Federal, State, and local programs, such as programs
under the Job Training Partnership Act or title I of the Workforce
Investment Act of 1998 and vocational and technical education programs
serving this at-risk population of youth.'.
SEC. 150. USES OF FUNDS.
Section 1424 is amended by striking paragraphs (1) through (3) and
inserting the following:
`(1) programs that serve youth returning from correctional facilities to
local schools to assist in the transition of such youth to the school
environment and help them remain in school in order to complete their
education;
`(2) providing assistance to other youth at risk of dropping out of
school, including pregnant and parenting teenagers;
`(3) the coordination of social, health, and other services, including
day care, for participating youth if the provision of such services will
improve the likelihood that such youth will complete their education;
`(4) special programs to meet the unique academic needs of participating
youth, including vocational and technical education, special education,
career counseling, curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for postsecondary education;
and
`(5) programs providing mentoring and peer mediation.'.
SEC. 151. PROGRAM REQUIREMENTS.
Section 1425 is amended--
(1) in paragraph (1), by striking `where feasible, ensure educational
programs' and inserting the following: `to the extent practicable, ensure
that educational programs';
(2) in paragraph (3), by striking `where feasible,' and inserting the
following: `to the extent practicable,';
(3) in paragraph (8), by striking `where feasible,' and inserting the
following: `to the extent practicable,';
(4) in paragraph (9), by inserting `and technical' after `vocational';
and
(5) by amending paragraph (11) to read as follows:
`(11) if appropriate, work with local businesses to develop training,
curriculum-based youth entrepreneurship education, and mentoring programs
for youth.'.
SEC. 152. PROGRAM EVALUATIONS.
Section 1431(a) is amended by striking `sex, and if feasible,' and
inserting `gender,'.
PART D--GENERAL PROVISIONS
SEC. 161. GENERAL PROVISIONS.
Part F of title I is amended to read as follows:
`PART F--GENERAL PROVISIONS
`SEC. 1601. FEDERAL REGULATIONS.
`(a) IN GENERAL- The Secretary is authorized to issue such regulations as
are necessary to reasonably ensure that there is compliance with this
title.
`(b) NEGOTIATED RULEMAKING PROCESS-
`(1) IN GENERAL- Prior to publishing in the Federal Register proposed
regulations to carry out this title, the Secretary shall obtain the advice
and recommendations of representatives of Federal, State, and local
administrators, parents, teachers, paraprofessionals, and members of local
boards of education involved with the implementation and operation of
programs under this title.
`(2) MEETINGS AND ELECTRONIC EXCHANGE- Such advice and recommendation
may be obtained through such mechanisms as regional meetings and electronic
exchanges of information.
`(3) PROPOSED REGULATIONS- After obtaining such advice and
recommendations, and prior to publishing proposed regulations, the Secretary
shall--
`(A) establish a negotiated rulemaking process on a minimum of three
key issues, including--
`(ii) implementation of assessments; and
`(iii) use of paraprofessionals;
`(B) select individuals to participate in such process from among
individuals or groups which provided advice and recommendations, including
representation from all geographic regions of the United States;
and
`(C) prepare a draft of proposed regulations that shall be provided to
the individuals selected by the Secretary under subparagraph (B) not less
than 15 days prior to the first meeting under such process.
`(4) PROCESS- Such process--
`(A) shall be conducted in a timely manner to ensure that final
regulations are issued by the Secretary not later than 1 year after the
date of the enactment of the Student Results Act of 1999; and
`(B) shall not be subject to the Federal Advisory Committee Act but
shall otherwise follow the provisions of the Negotiated Rulemaking Act of
1990 (5 U.S.C. 561 et seq.).
`(5) EMERGENCY SITUATION- In an emergency situation in which regulations
to carry out this title must be issued within a very limited time to assist
State and local educational agencies with the operation of a program under
this title, the Secretary may issue proposed regulations without following
such process but shall, immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such proposed
regulations.
`(c) LIMITATION- Regulations to carry out this part may not require local
programs to follow a particular instructional model, such as the provision of
services outside the regular classroom or school program.
`SEC. 1602. AGREEMENTS AND RECORDS.
`(a) AGREEMENTS- All published proposed regulations shall conform to
agreements that result from negotiated rulemaking described in section 1601
unless the Secretary reopens the negotiated rulemaking process or provides a
written explanation to the participants involved in the process explaining why
the Secretary decided to depart from and not adhere to such agreements.
`(b) RECORDS- The Secretary shall ensure that an accurate and reliable
record of agreements reached during the negotiations process is maintained.
`SEC. 1603. STATE ADMINISTRATION.
`(1) IN GENERAL- Each State that receives funds under this title
shall--
`(A) ensure that any State rules, regulations, and policies relating
to this title conform to the purposes of this title and provide any such
proposed rules, regulations, and policies to the committee of
practitioners under subsection (b) for their review and comment;
`(B) minimize such rules, regulations, and policies to which their
local educational agencies and schools are subject;
`(C) eliminate or modify State and local fiscal accounting
requirements in order to facilitate the ability of schools to consolidate
funds under schoolwide programs; and
(D) identify any such rule, regulation, or policy as a State-imposed
requirement.
`(2) SUPPORT AND FACILITATION- State rules, regulations, and policies
under this title shall support and facilitate local educational agency and
school-level systemic reform designed to enable all children to meet the
challenging State student performance standards.
`(b) COMMITTEE OF PRACTITIONERS-
`(1) IN GENERAL- Each State educational agency shall create a State
committee of practitioners to advise the State in carrying out its
responsibilities under this title.
`(2) MEMBERSHIP- Each such committee shall include--
`(A) as a majority of its members, representatives from local
educational agencies;
`(B) administrators, including the administrators of programs
described in other parts of this title;
`(C) teachers, including vocational educators;
`(E) members of local boards of education;
`(F) representatives of private school children; and
`(G) pupil services personnel.
`(3) DUTIES- The duties of such committee shall include a review, prior
to publication, of any proposed or final State rule or regulation pursuant
to this title. In an emergency situation where such rule or regulation must
be issued within a very limited time to assist local educational agencies
with the operation of the program under this title, the State educational
agency may issue a regulation without prior consultation, but shall
immediately thereafter convene the State committee of practitioners to
review the emergency regulation prior to issuance in final form.
`SEC. 1604. CONSTRUCTION.
`(a) PROHIBITION OF FEDERAL MANDATES, DIRECTION, OR CONTROL- Nothing in
this title shall be construed to authorize an officer or employee of the
Federal Government to mandate, direct, or control a State, local educational
agency, or school's specific instructional content or pupil performance
standards and assessments, curriculum, or program of instruction as a
condition of eligibility to receive funds under this title.
`(b) EQUALIZED SPENDING- Nothing in this title shall be construed to
mandate equalized spending per pupil for a State, local educational agency, or
school.
`(c) BUILDING STANDARDS- Nothing in this title shall be construed to
mandate national school building standards for a State, local educational
agency, or school.
`SEC. 1605. APPLICABILITY TO HOME SCHOOLS.
`Nothing in this Act shall be construed to affect home schools.
`SEC. 1606. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC SCHOOLS.
`Nothing in this Act shall be construed to permit, allow, encourage, or
authorize any Federal control over any aspect of any private, religious, or
home school, whether or not a home school is treated as a private school or
home school under State law. This section shall not be construed to bar
private, religious, or home schools from participation in programs or services
under this Act.
`SEC. 1607. LOCAL ADMINISTRATIVE COST LIMITATION.
`(a) LOCAL ADMINISTRATIVE COST LIMITATION- Each local educational agency
may use not more than 4 percent of funds received under part A for
administrative expenses.
`(b) REGULATIONS- The Secretary, after consulting with State and local
officials and other experts in school finance, shall develop and issue
regulations that define the term administrative cost for purposes of this
title. Such definition shall be consistent with generally accepted accounting
principles. The Secretary shall publish final regulations on this section not
later than 1 year after the date of the enactment of the Student Results Act
of 1999.
`SEC. 1608. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION OF TEACHERS AND
PARAPROFESSIONALS.
`(a) PROHIBITION ON MANDATORY TESTING OR CERTIFICATION- Notwithstanding
any other provision of law, the Secretary is prohibited from using Federal
funds to plan, develop, implement, or administer any mandatory national
teacher or paraprofessional test or certification.
`(b) PROHIBITION ON WITHHOLDING FUNDS- The Secretary is prohibited from
withholding funds from any State or local educational agency if such State or
local educational agency fails to adopt a specific method of teacher or
paraprofessional certification.
`SEC. 1609. GAO STUDIES.
`(a) STUDY ON PARAPROFESSIONALS- The General Accounting Office shall
conduct a study of paraprofessionals under part A of title I.
`(b) STUDY ON PORTABILITY- The General Accounting Office shall conduct a
study regarding how funds made available under this title could follow a child
from school to school.
`(c) STUDY ON ELECTRONIC TRANSFER OF MIGRANT STUDENT RECORDS- The General
Accounting Office shall conduct a study on the feasibility of electronically
transferring and maintaining migrant student records.
`(d) EVALUATION BY GENERAL ACCOUNTING OFFICE- Not later than October 1,
2001, the Comptroller General shall conduct a comprehensive analysis and
evaluation regarding the impact on this title of individual waivers for
schools, local educational agency waivers, and statewide waivers granted
pursuant to the Education Flexibility Partnership Act of 1999 (20 U.S.C. 589a
et seq.). The Comptroller General shall submit a report to the Committee on
Education and the Workforce of the House of Representatives. In conducting
such analysis and evaluation, the Comptroller General shall consider the
following factors:
`(1) CONSISTENCY- The extent to which the State's educational
flexibility plan is consistent with ensuring high standards for all children
and aligning the efforts of States, local educational agencies, and schools
to help children served under this title to reach such standards.
`(2) STATE WAIVERS- Evaluate the effect that waivers of State law have
on addressing the needs and the performance of students in schools subject
to this title.
`(3) ALLOCATION OF FUNDS- The extent to which waivers have affected the
allocation of funds to schools, including schools with the highest
concentrations of poverty, and schools with the highest educational needs,
that are eligible to receive funds under this title.
`SEC. 1610. DEFINITIONS.
`For purposes of this title--
`(1) The term `Secretary' means the Secretary of Education.
`(2) FULLY QUALIFIED- The term `fully qualified'--
`(A) when used with respect to a public elementary or secondary school
teacher (other than a teacher teaching in a public charter school), means
that the teacher has obtained State certification as a teacher (including
certification obtained through alternative routes to certification) or
passed the State teacher licensing exam and holds a license to teach in
such State; and
`(B) when used with respect to --
`(i) an elementary school teacher, means that the teacher holds a
bachelor's degree and demonstrates knowledge and teaching skills in
reading, writing, mathematics, science, and other areas of the
elementary school curriculum; or
`(ii) a middle or secondary school teacher, means that the teacher
holds a bachelor's degree and demonstrates a high level of competency in
all subject areas in which he or she teaches through--
`(I) a high level of performance on a rigorous State or local
academic subject areas test; or
`(II) completion of an academic major in each of the subject areas
in which he or she provides instruction.
`(3) The term `scientifically-based research'--
`(A) means the application of rigorous, systematic, and objective
procedures; and
`(B) shall include research that--
`(i) employs systematic, empirical methods that draw on observation
or experiment;
`(ii) involves rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn;
`(iii) relies on measurements or observational methods that provide
valid data across evaluators and observers and across multiple
measurements and observations; and
`(iv) has been accepted by a peer-reviewed journal or approved by a
panel of independent experts through a comparably rigorous, objective,
and scientific review.
`SEC. 1611. PAPERWORK REDUCTION.
`(a) FINDINGS- The Congress finds that--
`(1) instruction and other classroom activities provide the greatest
opportunity for students, especially at-risk and disadvantaged students, to
attain high standards and achieve academic success;
`(2) one of the greatest obstacles to establishing an effective,
classroom-centered education system is the cost of paperwork
compliance;
`(3) paperwork places a burden on teachers and administrators who must
complete Federal and State forms to apply for Federal funds and absorbs time
and money which otherwise would be spent on students;
`(4) the Education at a Crossroads Report released in 1998 by the
Education Subcommittee on Oversight and Investigations states that
requirements by the Department of Education result in more than 48.6 million
hours of paperwork per year; and
`(5) paperwork distracts from the mission of schools, encumbers teachers
and administrators with nonacademic responsibilities, and competes with
teaching and classroom activities which promote learning and
achievement.
`(b) SENSE OF THE CONGRESS- It is the sense of the Congress that Federal
and State educational agencies should reduce the paperwork requirements placed
on schools, teachers, principals, and other administrators.'.
PART E--COMPREHENSIVE SCHOOL REFORM
SEC. 171. COMPREHENSIVE SCHOOL REFORM.
Title I is amended by adding at the end the following:
`PART G--COMPREHENSIVE SCHOOL REFORM
`SEC. 1701. COMPREHENSIVE SCHOOL REFORM.
`(a) FINDINGS AND PURPOSE-
`(1) FINDINGS- Congress finds the following:
`(A) A number of schools across the country have shown impressive
gains in student performance through the use of comprehensive models for
schoolwide change that incorporate virtually all aspects of school
operations.
`(B) No single comprehensive school reform model may be suitable for
every school, however, schools should be encouraged to examine successful,
externally developed comprehensive school reform approaches as they
undertake comprehensive school reform.
`(C) Comprehensive school reform is an important means by which
children are assisted in meeting challenging State student performance
standards.
`(2) PURPOSE- The purpose of this section is to provide financial
incentives for schools to develop comprehensive school reforms, based upon
scientifically-based research and effective practices that include an
emphasis on basic academics and parental involvement so that all children
can meet challenging State content and performance standards.
`(1) IN GENERAL- The Secretary is authorized to provide grants to State
educational agencies to provide subgrants to local educational agencies to
carry out the purpose described in subsection (a)(2).
`(A) RESERVATION- Of the amount appropriated under this section, the
Secretary may reserve--
`(i) not more than 1 percent for schools supported by the Bureau of
Indian Affairs and in the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana Islands;
and
`(ii) not more than 1 percent to conduct national evaluation
activities described under subsection (e).
`(B) IN GENERAL- Of the amount of funds remaining after the
reservation under subparagraph (A), the Secretary shall allocate to each
State for a fiscal year, an amount that bears the same ratio to the amount
appropriated for that fiscal year as the amount made available under
section 1124 to the State for the preceding fiscal year bears to the total
amount allocated under section 1124 to all States for that year.
`(C) REALLOCATION- If a State does not apply for funds under this
section, the Secretary shall reallocate such funds to other States that do
apply in proportion to the amount allocated to such States under
subparagraph (B).
`(A) IN GENERAL- Each State educational agency that desires to receive
a grant under this section shall submit an application to the Secretary at
such time, in such manner and containing such other information as the
Secretary may reasonably require.
`(B) CONTENTS- Each State application shall also describe--
`(i) the process and selection criteria by which the State
educational agency, using expert review, will select local educational
agencies to receive subgrants under this section;
`(ii) how the agency will ensure that only comprehensive school
reforms that are based on scientifically-based research receive funds
under this section;
`(iii) how the agency will disseminate materials regarding
information on comprehensive school reforms that are based on
scientifically-based research;
`(iv) how the agency will evaluate the implementation of such
reforms and measure the extent to which the reforms resulted in
increased student academic performance; and
`(v) how the agency will provide, upon request, technical assistance
to the local educational agency in evaluating, developing, and
implementing comprehensive school reform.
`(A) IN GENERAL- Except as provided in subparagraph (E), a State
educational agency that receives an award under this section shall use
such funds to provide competitive grants to local educational agencies
receiving funds under part A.
`(B) GRANT REQUIREMENTS- A grant to a local educational agency shall
be--
`(i) of sufficient size and scope to support the initial costs for
the particular comprehensive school reform plan selected or designed by
each school identified in the application of the local educational
agency;
`(ii) in an amount not less than $50,000 to each participating
school; and
`(iii) renewable for two additional 1-year periods after the initial
1-year grant is made if schools are making substantial progress in the
implementation of their reforms.
`(C) PRIORITY- The State, in awarding grants under this paragraph,
shall give priority to local educational agencies that--
`(i) plan to use the funds in schools identified as being in need of
improvement or corrective action under section 1116(c); and
`(ii) demonstrate a commitment to assist schools with budget
allocation, professional development, and other strategies necessary to
ensure the comprehensive school reforms are properly implemented and are
sustained in the future.
`(D) GRANT CONSIDERATION- In making subgrant awards under this part,
the State educational agency shall take into account the equitable
distribution of awards to different geographic regions within the State,
including urban and rural areas, and to schools serving elementary and
secondary students.
`(E) ADMINISTRATIVE COSTS- A State educational agency that receives a
grant award under this section may reserve not more than 5 percent of such
award for administrative, evaluation, and technical assistance
expenses.
`(F) SUPPLEMENT- Funds made available under this section shall be used
to supplement, not supplant, any other Federal, State, or local funds that
would otherwise be available to carry out this section.
`(3) REPORTING- Each State educational agency that receives an award
under this section shall provide to the Secretary such information as the
Secretary may require, including the names of local educational agencies and
schools selected to receive subgrant awards under this section, the amount
of such award, and a description of the comprehensive school reform model
selected and in use.
`(1) IN GENERAL- Each local educational agency that applies for a
subgrant under this section shall--
`(A) identify which schools eligible for funds under part A plan to
implement a comprehensive school reform program, including the projected
costs of such a program;
`(B) describe the scientifically-based comprehensive school reforms
that such schools will implement;
`(C) describe how the agency will provide technical assistance and
support for the effective implementation of the scientifically-based
school reforms selected by such schools; and
`(D) describe how the agency will evaluate the implementation of such
reforms and measure the results achieved in improving student academic
performance.
`(2) COMPONENTS OF THE PROGRAM- A local educational agency that receives
a subgrant award under this section shall provide such funds to schools that
implement a comprehensive school reform program that--
`(A) employs innovative strategies and proven methods for student
learning, teaching, and school management that are based on
scientifically-based research and effective practices and have been
replicated successfully in schools with diverse characteristics;
`(B) integrates a comprehensive design for effective school
functioning, including instruction, assessment, classroom management,
professional development, parental involvement, and school management,
that aligns the school's curriculum, technology, professional development
into a comprehensive reform plan for schoolwide change designed to enable
all students to meet challenging State content and challenging student
performance standards and addresses needs identified through a school
needs assessment;
`(C) provides high-quality and continuous teacher and staff
professional development;
`(D) includes measurable goals for student performance and benchmarks
for meeting such goals;
`(E) is supported by teachers, principals, administrators, and other
professional staff;
`(F) provides for the meaningful involvement of parents and the local
community in planning and implementing school improvement
activities;
`(G) uses high quality external technical support and assistance from
an entity, which may be an institution of higher education, with
experience and expertise in schoolwide reform and improvement;
`(H) includes a plan for the evaluation of the implementation of
school reforms and the student results achieved; and
`(I) identifies how other resources, including Federal, State, local,
and private resources, available to the school will be used to coordinate
services to support and sustain the school reform effort.
`(3) SPECIAL RULE- A school that receives funds to develop a
comprehensive school reform program shall not be limited to using the
approaches identified or developed by the Department of Education, but may
develop its own comprehensive school reform programs for schoolwide change
that comply with paragraph (2).
`(e) EVALUATION AND REPORT-
`(1) IN GENERAL- The Secretary shall develop a plan for a national
evaluation of the programs developed pursuant to this section.
`(2) EVALUATION- This national evaluation shall evaluate the
implementation and results achieved by schools after 3 years of implementing
comprehensive school reforms, and assess the effectiveness of comprehensive
school reforms in schools with diverse characteristics.
`(3) REPORTS- Prior to the completion of a national evaluation, the
Secretary shall submit an interim report outlining first year implementation
activities to the Committees on Education and the Workforce and
Appropriations of the House of Representatives and the Committees on Health,
Education, Labor, and Pensions and Appropriations of the Senate.
`(f) DEFINITION- The term `scientifically-based research'--
`(1) means the application of rigorous, systematic, and objective
procedures in the development of comprehensive school reform models;
and
`(2) shall include research that--
`(A) employs systematic, empirical methods that draw on observation or
experiment;
`(B) involves rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn;
`(C) relies on measurements or observational methods that provide
valid data across evaluators and observers and across multiple
measurements and observations; and
`(D) has been accepted by a peer-reviewed journal or approved by a
panel of independent experts through a comparably rigorous, objective, and
scientific review.
`(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to carry out
this section $175,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the four succeeding fiscal years.'.
TITLE II--MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL
CHOICE
SEC. 201. MAGNET SCHOOLS ASSISTANCE.
Title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7201 et seq.) is amended to read a follows:
`TITLE V--MAGNET SCHOOLS ASSISTANCE AND PUBLIC SCHOOL
CHOICE
`PART A--MAGNET SCHOOL ASSISTANCE
`SEC. 5101. FINDINGS.
`The Congress finds that--
`(1) magnet schools are a significant part of our Nation's effort to
achieve voluntary desegregation in our Nation's schools;
`(2) the use of magnet schools has increased dramatically since the date
of the enactment of the Magnet Schools Assistance program, with
approximately 2,000,000 students nationwide now attending such schools, of
which more than 65 percent of the students are nonwhite;
`(3) magnet schools offer a wide range of distinctive programs that have
served as models for school improvement efforts;
`(4) in administering the Magnet Schools Assistance program, the Federal
Government has learned that--
`(A) where magnet programs are implemented for only a portion of a
school's student body, special efforts must be made to discourage the
isolation of--
`(i) magnet school students from other students in the school;
and
`(ii) students by racial characteristics;
`(B) local educational agencies can maximize their effectiveness in
achieving the purposes of the Magnet Schools Assistance program if such
agencies have more flexibility in the administration of such program in
order to serve students attending a school who are not enrolled in the
magnet school program;
`(C) local educational agencies must be creative in designing magnet
schools for students at all academic levels, so that school districts do
not select only the highest achieving students to attend the magnet
schools;
`(D) consistent with desegregation guidelines, local educational
agencies must seek to enable participation in magnet school programs by
students who reside in the neighborhoods where the programs operate;
and
`(E) in order to ensure that magnet schools are sustained after
Federal funding ends, the Federal Government must assist school districts
to improve their capacity to continue to operate magnet schools at a high
level of performance; and
`(5) it is in the best interest of the Federal Government to--
`(A) continue the Federal Government's support of school districts
implementing court-ordered desegregation plans and school districts
voluntarily seeking to foster meaningful interaction among students of
different racial and ethnic backgrounds, beginning at the earliest stage
of such students' education;
`(B) ensure that all students have equitable access to quality
education that will prepare such students to function well in a
technologically oriented society and a highly competitive
economy;
`(C) maximize the ability of local educational agencies to plan,
develop, implement and continue effective and innovative magnet schools
that contribute to State and local systemic reform; and
`(D) ensure that grant recipients provide adequate data which
demonstrates an ability to improve student achievement.
`SEC. 5102. STATEMENT OF PURPOSE.
`The purpose of this part is to assist in the desegregation of schools
served by local educational agencies by providing financial assistance to
eligible local educational agencies for--
`(1) the elimination, reduction, or prevention of minority group
isolation in elementary and secondary schools with substantial proportions
of minority students;
`(2) the development and implementation of magnet school projects that
will assist local educational agencies in achieving systemic reforms and
providing all students the opportunity to meet challenging State content
standards and challenging State student performance standards;
`(3) the development and design of innovative educational methods and
practices that promote diversity and increase choices in public elementary
and secondary schools and educational programs; and
`(4) courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects and the grasp of
tangible and marketable vocational and technical skills of students
attending such schools.
`SEC. 5103. PROGRAM AUTHORIZED.
`The Secretary, in accordance with this part, is authorized to make grants
to eligible local educational agencies, and consortia of such agencies where
appropriate, to carry out the purpose of this part for magnet schools that
are--
`(1) part of an approved desegregation plan; and
`(2) designed to bring students from different social, economic, ethnic,
and racial backgrounds together.
`SEC. 5104. DEFINITION.
`For the purpose of this part, the term `magnet school' means a public
elementary or secondary school or public elementary or secondary education
center that offers a special curriculum capable of attracting substantial
numbers of students of different racial backgrounds.
`SEC. 5105. ELIGIBILITY.
`A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive assistance under this part to carry out
the purposes of this part if such agency or consortium--
`(1) is implementing a plan undertaken pursuant to a final order issued
by a court of the United States, or a court of any State, or any other State
agency or official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or faculty in the
elementary and secondary schools of such agency; or
`(2) without having been required to do so, has adopted and is
implementing, or will, if assistance is made available to such local
educational agency or consortium of such agencies under this part, adopt and
implement a plan that has been approved by the Secretary as adequate under
title VI of the Civil Rights Act of 1964 for the desegregation of
minority-group-segregated children or faculty in such schools.
`SEC. 5106. APPLICATIONS AND REQUIREMENTS.
`(a) APPLICATIONS- An eligible local educational agency or consortium of
such agencies desiring to receive assistance under this part shall submit an
application to the Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may reasonably require.
`(b) INFORMATION AND ASSURANCES- Each such application shall include--
`(A) how assistance made available under this part will be used to
promote desegregation, including how the proposed magnet school project
will increase interaction among students of different social, economic,
ethnic, and racial backgrounds;
`(B) the manner and extent to which the magnet school project will
increase student achievement in the instructional area or areas offered by
the school;
`(C) how an applicant will continue the magnet school project after
assistance under this part is no longer available, including, if
applicable, an explanation of why magnet schools established or supported
by the applicant with funds under this part cannot be continued without
the use of funds under this part;
`(D) how funds under this part will be used to improve student
academic performance for all students attending the magnet schools;
and
`(E) the criteria to be used in selecting students to attend the
proposed magnet school projects; and
`(2) assurances that the applicant will--
`(A) use funds under this part for the purposes specified in section
5102;
`(B) employ fully qualified teachers (as defined in section 1119) in
the courses of instruction assisted under this part;
`(C) not engage in discrimination based on race, religion, color,
national origin, sex, or disability in--
`(i) the hiring, promotion, or assignment of employees of the agency
or other personnel for whom the agency has any administrative
responsibility;
`(ii) the assignment of students to schools, or to courses of
instruction within the school, of such agency, except to carry out the
approved plan; and
`(iii) designing or operating extracurricular activities for
students;
`(D) carry out a high-quality education program that will encourage
greater parental decisionmaking and involvement; and
`(E) give students residing in the local attendance area of the
proposed magnet school projects equitable consideration for placement in
those projects.
`SEC. 5107. PRIORITY.
`In approving applications under this part, the Secretary shall give
priority to applicants that--
`(1) demonstrate the greatest need for assistance, based on the expense
or difficulty of effectively carrying out an approved desegregation plan and
the projects for which assistance is sought;
`(2) propose to carry out new magnet school projects, or significantly
revise existing magnet school projects; and
`(3) propose to select students to attend magnet school projects by
methods such as lottery, rather than through academic examination.
`SEC. 5108. USE OF FUNDS.
`(a) IN GENERAL- Grant funds made available under this part may be used by
an eligible local educational agency or consortium of such agencies--
`(1) for planning and promotional activities directly related to the
development, expansion, continuation, or enhancement of academic programs
and services offered at magnet schools;
`(2) for the acquisition of books, materials, and equipment, including
computers and the maintenance and operation thereof, necessary for the
conduct of programs in magnet schools;
`(3) for the payment, or subsidization of the compensation, of
elementary and secondary school teachers who are fully qualified (as defined
in section 1119), and instructional staff where applicable, who are
necessary for the conduct of programs in magnet schools;
`(4) with respect to a magnet school program offered to less than the
entire student population of a school, for instructional activities
that--
`(A) are designed to make available the special curriculum that is
offered by the magnet school project to students who are enrolled in the
school but who are not enrolled in the magnet school program; and
`(B) further the purposes of this part; and
`(5) for activities, which may include professional development, that
will build the recipient's capacity to operate magnet school programs once
the grant period has ended.
`(b) SPECIAL RULE- Grant funds under this part may be used in accordance
with paragraphs (2) and (3) of subsection (a) only if the activities described
in such paragraphs are directly related to improving the students' academic
performance based on the State's challenging content standards and challenging
student performance standards or directly related to improving the students'
reading skills or knowledge of mathematics, science, history, geography,
English, foreign languages, art, or music, or to improving vocational and
technical skills.
`SEC. 5109. PROHIBITIONS.
`(a) TRANSPORTATION- Grants under this part may not be used for
transportation or any activity that does not augment academic improvement.
`(b) PLANNING- A local educational agency shall not expend funds under
this part after the third year that such agency receives funds under this part
for such project.
`SEC. 5110. LIMITATIONS.
`(a) DURATION OF AWARDS- A grant under this part shall be awarded for a
period that shall not exceed three fiscal years.
`(b) LIMITATION ON PLANNING FUNDS- A local educational agency may expend
for planning not more than 50 percent of the funds received under this part
for the first year of the project, 15 percent of such funds for the second
such year, and 10 percent of such funds for the third such year.
`(c) AMOUNT- No local educational agency or consortium awarded a grant
under this part shall receive more than $4,000,000 under this part in any one
fiscal year.
`(d) TIMING- To the extent practicable, the Secretary shall award grants
for any fiscal year under this part not later than July 1 of the applicable
fiscal year.
`SEC. 5111. EVALUATIONS.
`(a) RESERVATION- The Secretary may reserve not more than 2 percent of the
funds appropriated under section 5112(a) for any fiscal year to carry out
evaluations, technical assistance, and dissemination projects with respect to
magnet school projects and programs assisted under this part.
`(b) CONTENTS- Each evaluation described in subsection (a), at a minimum,
shall address--
`(1) how and the extent to which magnet school programs lead to
educational quality and improvement;
`(2) the extent to which magnet school programs enhance student access
to quality education;
`(3) the extent to which magnet school programs lead to the elimination,
reduction, or prevention of minority group isolation in elementary and
secondary schools with substantial proportions of minority students;
and
`(4) the extent to which magnet school programs differ from other school
programs in terms of the organizational characteristics and resource
allocations of such magnet school programs.
`SEC. 5112. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
`(a) AUTHORIZATION- For the purpose of carrying out this part, there are
authorized to be appropriated $120,000,000 for fiscal year 2000 and such sums
as may be necessary for each of fiscal years 2001 through 2004.
`(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY ASSISTED-
In any fiscal year for which the amount appropriated pursuant to subsection
(a) exceeds $75,000,000, the Secretary shall give priority to using such
amounts in excess of $75,000,000 to award grants to local educational agencies
or consortia of such agencies that did not receive a grant under this part in
the preceding fiscal year.
`PART B--PUBLIC SCHOOL CHOICE
`SEC. 5201. SHORT TITLE.
`This part may be cited as the `Public School Choice Act of 1999'.
`SEC. 5202. FINDINGS AND PURPOSE.
`(a) FINDINGS- The Congress finds that--
`(1) a wide variety of educational opportunities, options, and choices
in the public school system is needed to help all children achieve to high
standards;
`(2) high-quality public school choice programs that are genuinely open
and accessible to all students (including poor, minority, limited English
proficient, and disabled students) broaden educational opportunities and
promote excellence in education;
`(3) current research shows that--
`(A) students learn in different ways, benefiting from different
teaching methods and instructional settings; and
`(B) family involvement in a child's education is a key factor
supporting student achievement;
`(4) public school systems have begun to develop a variety of innovative
programs that offer expanded choices to parents and students; and
`(5) the Federal Government should support and expand efforts to give
students and parents the high-quality public school choices they seek, to
help eliminate barriers to effective public school choice, and to
disseminate the lessons learned from high-quality choice programs so that
all public schools can benefit from these efforts.
`(b) PURPOSE- It is the purpose of this part to identify and support
innovative approaches to high-quality public school choice by providing
financial assistance for the demonstration, development, implementation, and
evaluation of, and dissemination of information about, public school choice
projects that stimulate educational innovation for all public schools and
contribute to standards-based school reform efforts.
`SEC. 5203. GRANTS.
`(a) IN GENERAL- From funds appropriated under section 5206(a) and not
reserved under section 5206(b), the Secretary is authorized to make grants to
State and local educational agencies to support programs that promote
innovative approaches to high-quality public school choice.
`(b) DURATION- Grants under this part shall not exceed 3 years.
`SEC. 5204. USES OF FUNDS.
`(1) PUBLIC SCHOOL CHOICE- Funds under this part may be used to
demonstrate, develop, implement, evaluate, and disseminate information on
innovative approaches to promote public school choice, including the design
and development of new public school choice options, the development of new
strategies for overcoming barriers to effective public school choice, the
design and development of new strategies for overcoming transportation
barriers, and the design and development of public school choice systems
that promote high standards for all students and the continuous improvement
of all public schools.
`(2) INNOVATIVE APPROACHES- Such approaches at the school, local
educational agency, and State levels may include--
`(A) inter-district or intra-district approaches to public school
choice, including approaches that increase equal access to high-quality
educational programs and diversity in schools;
`(B) public elementary and secondary programs that involve
partnerships with institutions of higher education and that are located on
the campuses of those institutions;
`(C) programs that allow students in public secondary schools to
enroll in postsecondary courses and to receive both secondary and
postsecondary academic credit;
`(D) worksite satellite schools, in which State or local educational
agencies form partnerships with public or private employers, to create
public schools at parents' places of employment; and
`(E) public school choice programs that augment the existing
transportation services necessary to meet the needs of children
participating in such programs.
`(b) LIMITATIONS- Funds under this part--
`(1) shall supplement, and not supplant, non-Federal funds expended for
existing programs; and
`(2) may not be used to fund projects that are specifically authorized
under part A of title V, or part C of title X.
`SEC. 5205. GRANT APPLICATION; PRIORITIES.
`(a) APPLICATION REQUIRED- A State or local educational agency desiring to
receive a grant under this part shall submit an application to the
Secretary.
`(b) APPLICATION CONTENTS- Each application shall include--
`(1) a description of the program for which funds are sought and the
goals for such program;
`(2) a description of how the program funded under this part will be
coordinated with, and will complement and enhance, programs under other
related Federal and non-Federal projects;
`(3) if the program includes partners, the name of each partner and a
description of the partner's responsibilities;
`(4) a description of the policies and procedures the applicant will use
to ensure--
`(A) its accountability for results, including its goals and
performance indicators; and
`(B) that the program is open and accessible to, and will promote high
academic standards for, all students; and
`(5) such other information as the Secretary may require.
`(1) HIGH-POVERTY AGENCIES- The Secretary shall give a priority to
applications for projects that would serve high-poverty local educational
agencies.
`(2) PARTNERSHIPS- The Secretary may give a priority to applications
demonstrating that the applicant will carry out its project in partnership
with one or more public and private agencies, organizations, and
institutions, including institutions of higher education and public and
private employers.
`SEC. 5206. AUTHORIZATION OF APPROPRIATIONS.
`(a) IN GENERAL- For the purpose of carrying out this part, there are
authorized to be appropriated $20,000,000 for fiscal year 2000 and such sums
as may be necessary for each of the four succeeding fiscal years.
`(b) RESERVATION FOR EVALUATION, TECHNICAL ASSISTANCE, AND DISSEMINATION-
From the amount appropriated under subsection (a) for any fiscal year, the
Secretary may reserve not more than 5 percent to carry out evaluations under
subsection (c), to provide technical assistance, and to disseminate
information.
`(c) EVALUATIONS- The Secretary may use funds reserved under subsection
(b) to carry out one or more evaluations of programs assisted under this part,
which shall, at a minimum, address--
`(1) how, and the extent to which, the programs supported with funds
under this part promote educational equity and excellence; and
`(2) the extent to which public schools of choice supported with funds
under this part are--
`(A) held accountable to the public;
`(B) effective in improving public education; and
`(C) open and accessible to all students.
`SEC. 5207. DEFINITIONS.
`For purposes of this part:
`(1) HIGH-POVERTY LOCAL EDUCATIONAL AGENCY- The term `high-poverty local
educational agency' means a local educational agency in which--
`(A) the percentage of children, ages 5 to 17, from families with
incomes below the poverty line (as defined by the Office of Management and
Budget and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved for the most recent fiscal year for which
satisfactory data are available is 20 percent or greater; or
`(B) the number of such children exceeds 10,000.
`(2) OTHER TERMS- Other terms used in this part shall have the meaning
given such terms in section 14101 (20 U.S.C. 8801).
`PART C--WOMEN'S EDUCATIONAL EQUITY
`SEC. 5301. SHORT TITLE; FINDINGS.
`(a) SHORT TITLE- This part may be cited as the `Women's Educational
Equity Act of 1994'.
`(b) FINDINGS- The 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, 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;
`(D) the low number of girls taking higher level computer science
courses leading to technical careers, and the low degree of participation
of women in the development of education technology, will perpetuate a
cycle of disadvantage for girls in elementary schools and secondary
schools as technology is increasingly integrated into the classroom;
and
`(E) 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. 5302. STATEMENT OF PURPOSES.
`It is the purpose of this part--
`(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. 5303. 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 Assistant Secretary of the Office of Educational
Research and Improvement 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 part.
`(1) IN GENERAL- The Secretary is authorized to make 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 four years,
to--
`(A) provide grants to develop model equity programs;
`(B) provide funds for the implementation of equity programs in
schools throughout the Nation; and
`(C) provide grants to local educational agencies in communities with
an historic tie to a major leader in the women's sufferage movement to
educate its students about the significance of the community's significant
former resident.
`(2) SUPPORT AND TECHNICAL ASSISTANCE- To achieve the purposes of this
part, 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 institution- 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 and local educational agencies and institutions of higher
education; including community colleges; and
`(III) innovative approaches to school-community partnerships for
educational equity;
`(B) for research and development, which shall be coordinated with
each of the research institutes of the Office of Educational Research and
Improvement 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 part;
`(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. 5304. APPLICATIONS.
`An application under this part shall--
`(1) set forth policies and procedures that will ensure a comprehensive
evaluation of the activities assisted under this part, 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) where appropriate, demonstrate how funds received under this part
will be used to promote the attainment of one or more of the National
Education Goals;
`(3) demonstrate how the applicant will address perceptions of gender
roles based on cultural differences or stereotypes;
`(4) where appropriate, describe how funds under this part will be used
in a manner that is consistent with programs under the School-to-Work
Opportunities Act of 1994;
`(5) for applications for assistance under section 5303(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;
`(6) for applications for assistance under section 5303(b)(1),
demonstrate how parental involvement in the project will be encouraged;
and
`(7) for applications for assistance under section 5303(b)(1), describe
plans for continuation of the activities assisted under this part with local
support following completion of the grant period and termination of Federal
support under this part.
`SEC. 5305. 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 5303(b) to
ensure that funds under this part are used for programs that most
effectively will achieve the purposes of this part.
`(2) CRITERIA- The criteria described in subsection (a) may include the
extent to which the activities assisted under this part--
`(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 part has terminated.
`(b) PRIORITIES- In approving applications under this part, the Secretary
may give special consideration to applications--
`(1) submitted by applicants that have not received assistance under
this part or under part C of title IX of this Act (as such part was in
effect on October 1, 1988);
`(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 part 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 part 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 part--
`(1) shall be carried out in consultation with the Office of Educational
Research and Improvement to ensure that such activities are coordinated with
and enhance the research and development activities supported by the Office;
and
`(2) may include collaborative research activities which are jointly
funded and carried out with the Office of Educational Research and
Improvement.
`(e) LIMITATION- Nothing in this part shall be construed as prohibiting
men and boys from participating in any programs or activities assisted with
funds under this part.
`SEC. 5306. REPORT.
`The Secretary, not later than January 1, 2004, shall submit to the
President and Congress a report on the status of educational equity for girls
and women in the Nation.
`SEC. 5307. ADMINISTRATION.
`(a) EVALUATION; DISSEMINATION; REPORT- The Secretary--
`(1) shall evaluate, in accordance with section 14701, materials and
programs developed under this part;
`(2) shall disseminate materials and programs developed under this part;
and
`(3) shall report to Congress regarding such evaluation, materials, and
programs not later than January 1, 2003.
`(b) PROGRAM OPERATIONS- The Secretary shall ensure that the activities
assisted under this part are administered within the Department by a person
who has recognized professional qualifications and experience in the field of
gender equity education.
`SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.
`For the purpose of carrying out this part, there are authorized to be
appropriated $5,000,000 for fiscal year 2000 and such sums as may be necessary
for each of the four succeeding fiscal years, of which not less than
two-thirds of the amount appropriated under this section for each fiscal year
shall be available to carry out the activities described in section
5303(b)(1).'.
SEC. 202. CONTINUATION OF AWARDS.
Notwithstanding the amendment made by section 201, any local educational
agency or consortium of such agencies that was awarded a grant under section
5111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7211)
prior to the date of the enactment of this Act 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.
TITLE III--TEACHER LIABILITY PROTECTION
SEC. 301. TEACHER LIABILITY PROTECTION.
The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 et seq.)
is amended by adding at the end the following:
`TITLE XV--TEACHER LIABILITY PROTECTION
`SEC. 15001. SHORT TITLE.
`This title may be cited as the `Teacher Liability Protection Act of
1999'.
`SEC. 15002. FINDINGS AND PURPOSE.
`(a) FINDINGS- Congress makes the following findings:
`(1) The ability of teachers, principals and other school professionals
to teach, inspire and shape the intellect of our Nation's elementary and
secondary school students is deterred and hindered by frivolous lawsuits and
litigation.
`(2) Each year more and more teachers, principals and other school
professionals face lawsuits for actions undertaken as part of their duties
to provide millions of school children quality educational
opportunities.
`(3) Too many teachers, principals and other school professionals face
increasingly severe and random acts of violence in the classroom and in
schools.
`(4) Providing teachers, principals and other school professionals a
safe and secure environment is an important part of the effort to improve
and expand educational opportunities.
`(5) Clarifying and limiting the liability of teachers, principals and
other school professionals who undertake reasonable actions to maintain
order, discipline and an appropriate educational environment is an
appropriate subject of Federal legislation because--
`(A) the scope of the problems created by the legitimate fears of
teachers, principals and other school professionals about frivolous,
arbitrary or capricious lawsuits against teachers is of national
importance; and
`(B) millions of children and their families across the Nation depend
on teachers, principals and other school professionals for the
intellectual development of children.
`(b) PURPOSE- The purpose of this title is to provide teachers, principals
and other school professionals the tools they need to undertake reasonable
actions to maintain order, discipline and an appropriate educational
environment.
`SEC. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.
`(a) PREEMPTION- This title preempts the laws of any State to the extent
that such laws are inconsistent with this title, except that this title shall
not preempt any State law that provides additional protection from liability
relating to teachers.
`(b) ELECTION OF STATE REGARDING NONAPPLICABILITY- This title shall not
apply to any civil action in a State court against a teacher in which all
parties are citizens of the State if such State enacts a statute in accordance
with State requirements for enacting legislation--
`(1) citing the authority of this subsection;
`(2) declaring the election of such State that this title shall not
apply, as of a date certain, to such civil action in the State; and
`(3) containing no other provisions.
`SEC. 15004. LIMITATION ON LIABILITY FOR TEACHERS.
`(a) LIABILITY PROTECTION FOR TEACHERS- Except as provided in subsections
(b) and (c), no teacher in a school shall be liable for harm caused by an act
or omission of the teacher on behalf of the school if--
`(1) the teacher was acting within the scope of the teacher's employment
or responsibilities related to providing educational services;
`(2) the actions of the teacher were carried out in conformity with
local, State, and Federal laws, rules and regulations in furtherance of
efforts to control, discipline, expel, or suspend a student or maintain
order or control in the classroom or school;
`(3) if appropriate or required, the teacher was properly licensed,
certified, or authorized by the appropriate authorities for the activities
or practice in the State in which the harm occurred, where the activities
were or practice was undertaken within the scope of the teacher's
responsibilities;
`(4) the harm was not caused by willful or criminal misconduct, gross
negligence, reckless misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed by the teacher; and
`(5) the harm was not caused by the teacher operating a motor vehicle,
vessel, aircraft, or other vehicle for which the State requires the operator
or the owner of the vehicle, craft, or vessel to--
`(A) possess an operator's license; or
`(b) CONCERNING RESPONSIBILITY OF TEACHERS TO SCHOOLS AND GOVERNMENTAL
ENTITIES- Nothing in this section shall be construed to affect any civil
action brought by any school or any governmental entity against any teacher of
such school.
`(c) EXCEPTIONS TO TEACHER LIABILITY PROTECTION- If the laws of a State
limit teacher liability subject to one or more of the following conditions,
such conditions shall not be construed as inconsistent with this section:
`(1) A State law that requires a school or governmental entity to adhere
to risk management procedures, including mandatory training of
teachers.
`(2) A State law that makes the school or governmental entity liable for
the acts or omissions of its teachers to the same extent as an employer is
liable for the acts or omissions of its employees.
`(3) A State law that makes a limitation of liability inapplicable if
the civil action was brought by an officer of a State or local government
pursuant to State or local law.
`(d) LIMITATION ON PUNITIVE DAMAGES BASED ON THE ACTIONS OF TEACHERS-
`(1) GENERAL RULE- Punitive damages may not be awarded against a teacher
in an action brought for harm based on the action of a teacher acting within
the scope of the teacher's responsibilities to a school or governmental
entity unless the claimant establishes by clear and convincing evidence that
the harm was proximately caused by an action of such teacher which
constitutes willful or criminal misconduct, or a conscious, flagrant
indifference to the rights or safety of the individual harmed.
`(2) CONSTRUCTION- Paragraph (1) does not create a cause of action for
punitive damages and does not preempt or supersede any Federal or State law
to the extent that such law would further limit the award of punitive
damages.
`(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY-
`(1) IN GENERAL- The limitations on the liability of a teacher under
this title shall not apply to any misconduct that--
`(A) constitutes a crime of violence (as that term is defined in
section 16 of title 18, United States Code) or act of international
terrorism (as that term is defined in section 2331 of title 18, United
States Code) for which the defendant has been convicted in any
court;
`(B) involves a sexual offense, as defined by applicable State law,
for which the defendant has been convicted in any court;
`(C) involves misconduct for which the defendant has been found to
have violated a Federal or State civil rights law; or
`(D) where the defendant was under the influence (as determined
pursuant to applicable State law) of intoxicating alcohol or any drug at
the time of the misconduct.
`(2) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed
to effect subsection (a)(3) or (d).
`SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.
`(a) GENERAL RULE- In any civil action against a teacher, based on an
action of a teacher acting within the scope of the teacher's responsibilities
to a school or governmental entity, the liability of the teacher for
noneconomic loss shall be determined in accordance with subsection (b).
`(b) AMOUNT OF LIABILITY-
`(1) IN GENERAL- Each defendant who is a teacher, shall be liable only
for the amount of noneconomic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that defendant (determined
in accordance with paragraph (2)) for the harm to the claimant with respect
to which that defendant is liable. The court shall render a separate
judgment against each defendant in an amount determined pursuant to the
preceding sentence.
`(2) PERCENTAGE OF RESPONSIBILITY- For purposes of determining the
amount of noneconomic loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the percentage of
responsibility of that defendant for the claimant's harm.
`SEC. 15006. DEFINITIONS.
For purposes of this title:
`(1) ECONOMIC LOSS- The term `economic loss' means any pecuniary loss
resulting from harm (including the loss of earnings or other benefits
related to employment, medical expense loss, replacement services loss, loss
due to death, burial costs, and loss of business or employment
opportunities) to the extent recovery for such loss is allowed under
applicable State law.
`(2) HARM- The term `harm' includes physical, nonphysical, economic, and
noneconomic losses.
`(3) NONECONOMIC LOSSES- The term `noneconomic losses' means losses for
physical and emotional pain, suffering, inconvenience, physical impairment,
mental anguish, disfigurement, loss of enjoyment of life, loss of society
and companionship, loss of consortium (other than loss of domestic service),
hedonic damages, injury to reputation and all other nonpecuniary losses of
any kind or nature.
`(4) SCHOOL- The term `school' means a public or private kindergarten, a
public or private elementary school or secondary school (as defined in
section 14101, or a home school.
`(5) 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, any other territory or possession of the
United States, or any political subdivision of any such State, territory, or
possession.
`(6) TEACHER- The term `teacher' means a teacher, instructor, principal,
administrator, or other educational professional that works in a school, a
local school board and any member of such board, and a local educational
agency and any employee of such agency.
`SEC. 15007. EFFECTIVE DATE.
`(a) IN GENERAL- This title shall take effect 90 days after the date of
the enactment of the Student Results Act of 1999.
`(b) APPLICATION- This title applies to any claim for harm caused by an
act or omission of a teacher if that claim is filed on or after the effective
date of the Student Results Act of 1999, without regard to whether the harm
that is the subject of the claim or the conduct that caused the harm occurred
before such effective date.'.
TITLE IV--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE
EDUCATION
Subtitle A--Elementary and Secondary Education Act of 1965
SEC. 401. AMENDMENTS.
Part A of title IX of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801 et seq.) is amended to read as follows:
`PART A--INDIAN EDUCATION
`SEC. 9101. FINDINGS.
`(1) the Federal Government has a special responsibility to ensure that
educational programs for all American Indian and Alaska Native children and
adults--
`(A) are based on high-quality, internationally competitive content
standards and student performance standards and build on Indian culture
and the Indian community;
`(B) assist local educational agencies, Indian tribes, and other
entities and individuals in providing Indian students the opportunity to
achieve such standards; and
`(C) meet the unique educational and culturally related academic needs
of American Indian and Alaska Native students;
`(2) since the date of the enactment of the initial Indian Education Act
in 1972, the level of involvement of Indian parents in the planning,
development, and implementation of educational programs that affect such
parents and their children has increased significantly, and schools should
continue to foster such involvement;
`(3) although the number of Indian teachers, administrators, and
university professors has increased since 1972, teacher training programs
are not recruiting, training, or retraining a sufficient number of Indian
individuals as educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and higher
education;
`(4) the dropout rate for Indian students is unacceptably high; 9
percent of Indian students who were eighth graders in 1988 had dropped out
of school by 1990;
`(5) during the period from 1980 to 1990, the percentage of Indian
individuals living at or below the poverty level increased from 24 percent
to 31 percent, and the readiness of Indian children to learn is hampered by
the high incidence of poverty, unemployment, and health problems among
Indian children and their families; and
`(6) research related specifically to the education of Indian children
and adults is very limited, and much of the research is of poor quality or
is focused on limited local or regional issues.
`SEC. 9102. PURPOSE.
`(a) PURPOSE- It is the purpose of this part to support the efforts of
local educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities to meet the unique educational and culturally
related academic needs of American Indians and Alaska Natives, so that such
students can achieve to the same challenging State performance standards
expected of all other students.
`(b) PROGRAMS- This part carries out the purpose described in subsection
(a) by authorizing programs of direct assistance for--
`(1) meeting the unique educational and culturally related academic
needs of American Indians and Alaska Natives;
`(2) the education of Indian children and adults;
`(3) the training of Indian persons as educators and counselors, and in
other professions serving Indian people; and
`(4) research, evaluation, data collection, and technical
assistance.
`Subpart 1--Formula Grants to Local Educational Agencies
`SEC. 9111. PURPOSE.
`It is the purpose of this subpart to support local educational agencies
in their efforts to reform elementary and secondary school programs that serve
Indian students in order to ensure that such programs--
`(1) are based on challenging State content standards and State student
performance standards that are used for all students; and
`(2) are designed to assist Indian students in meeting those standards
and assist the Nation in reaching the National Education Goals.
`SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(1) ENROLLMENT REQUIREMENTS- A local educational agency shall be
eligible for a grant under this subpart for any fiscal year if the number of
Indian children eligible under section 9117 and who were enrolled in the
schools of the agency, and to whom the agency provided free public
education, during the preceding fiscal year--
`(B) constituted not less than 25 percent of the total number of
individuals enrolled in the schools of such agency.
`(2) EXCLUSION- The requirement of paragraph (1) shall not apply in
Alaska, California, or Oklahoma, or with respect to any local educational
agency located on, or in proximity to, a reservation.
`(1) IN GENERAL- If a local educational agency that is eligible for a
grant under this subpart does not establish a parent committee under section
9114(c)(4) for such grant, an Indian tribe that represents not less than
one-half of the eligible Indian children who are served by such local
educational agency may apply for such grant.
`(2) SPECIAL RULE- The Secretary shall treat each Indian tribe applying
for a grant pursuant to paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this subpart, except that any such tribe
is not subject to section 9114(c)(4), section 9118(c), or section
9119.
`SEC. 9113. AMOUNT OF GRANTS.
`(a) AMOUNT OF GRANT AWARDS-
`(1) IN GENERAL- Except as provided in subsection (b) and paragraph (2),
the Secretary shall allocate to each local educational agency which has an
approved application under this subpart an amount equal to the product
of--
`(A) the number of Indian children who are eligible under section 9117
and served by such agency; and
`(i) the average per-pupil expenditure of the State in which such
agency is located; or
`(ii) 80 percent of the average per-pupil expenditure in the United
States.
`(2) REDUCTION- The Secretary shall reduce the amount of each allocation
determined under paragraph (1) in accordance with subsection (e).
`(1) IN GENERAL- Notwithstanding subsection (e), a local educational
agency or an Indian tribe (as authorized under section 9112(b)) that is
eligible for a grant under section 9112, and a school that is operated or
supported by the Bureau of Indian Affairs that is eligible for a grant under
subsection (d), that submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a grant under this
subpart in an amount that is not less than $3,000.
`(2) CONSORTIA- Local educational agencies may form a consortium for the
purpose of obtaining grants under this subpart.
`(3) INCREASE- The Secretary may increase the minimum grant under
paragraph (1) to not more than $4,000 for all grantees if the Secretary
determines such increase is necessary to ensure the quality of the programs
provided.
`(c) DEFINITION- For the purpose of this section, the term `average
per-pupil expenditure of a State' means an amount equal to--
`(1) the sum of the aggregate current expenditures of all the local
educational agencies in the State, plus any direct current expenditures by
the State for the operation of such agencies, without regard to the sources
of funds from which such local or State expenditures were made, during the
second fiscal year preceding the fiscal year for which the computation is
made; divided by
`(2) the aggregate number of children who were included in average daily
attendance for whom such agencies provided free public education during such
preceding fiscal year.
`(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN AFFAIRS- (1)
Subject to subsection (e), in addition to the grants awarded under subsection
(a), the Secretary shall allocate to the Secretary of the Interior an amount
equal to the product of--
`(A) the total number of Indian children enrolled in schools that are
operated by--
`(i) the Bureau of Indian Affairs; or
`(ii) an Indian tribe, or an organization controlled or sanctioned by
an Indian tribal government, for the children of that tribe under a
contract with, or grant from, the Department of the Interior under the
Indian Self-Determination Act or the Tribally Controlled Schools Act of
1988; and
`(i) the average per-pupil expenditure of the State in which the
school is located; or
`(ii) 80 percent of the average per-pupil expenditure in the United
States.
`(2) Any school described in paragraph (1)(A) that wishes to receive an
allocation under this subpart shall submit an application in accordance with
section 9114, and shall otherwise be treated as a local educational agency for
the purpose of this subpart, except that such school shall not be subject to
section 9114(c)(4), section 9118(c), or section 9119.
`(e) RATABLE REDUCTIONS- If the sums appropriated for any fiscal year
under section 9162(a) are insufficient to pay in full the amounts determined
for local educational agencies under subsection (a)(1) and for the Secretary
of the Interior under subsection (d), each of those amounts shall be ratably
reduced.
`SEC. 9114. APPLICATIONS.
`(a) APPLICATION REQUIRED- Each local educational agency that desires to
receive a grant 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.
`(b) COMPREHENSIVE PROGRAM REQUIRED- Each application submitted under
subsection (a) shall include a comprehensive program for meeting the needs of
Indian children served by the local educational agency, including the language
and cultural needs of the children, that--
`(1) provides programs and activities to meet the culturally related
academic needs of American Indian and Alaska Native students;
`(2)(A) is consistent with State and local plans under other provisions
of this Act; and
`(B) includes academic content and student performance goals for such
children, and benchmarks for attaining such goals, that are based on the
challenging State standards under title I;
`(3) explains how Federal, State, and local programs, especially under
title I, will meet the needs of such students;
`(4) demonstrates how funds made available under this subpart will be
used for activities described in section 9115;
`(5) describes the professional development opportunities that will be
provided, as needed, to ensure that--
`(A) teachers and other school professionals who are new to the Indian
community are prepared to work with Indian children; and
`(B) all teachers who will be involved in programs assisted under this
subpart have been properly trained to carry out such programs;
and
`(6) describes how the local educational agency--
`(A) will periodically assess the progress of all Indian children
enrolled in the schools of the local educational agency, including Indian
children who do not participate in programs assisted under this subpart,
in meeting the goals described in paragraph (2);
`(B) will provide the results of each assessment referred to in
subparagraph (A) to--
`(i) the committee of parents described in subsection (c)(4);
and
`(ii) the community served by the local educational agency;
and
`(C) is responding to findings of any previous assessments that are
similar to the assessments described in subparagraph (A).
`(c) ASSURANCES- Each application submitted under subsection (a) shall
include assurances that--
`(1) the local educational agency will use funds received under this
subpart only to supplement the level of funds that, in the absence of the
Federal funds made available under this subpart, such agency would make
available for the education of Indian children, and not to supplant such
funds;
`(2) the local educational agency will submit such reports to the
Secretary, in such form and containing such information, as the Secretary
may require to--
`(A) carry out the functions of the Secretary under this subpart;
and
`(B) determine the extent to which funds provided to the local
educational agency under this subpart are effective in improving the
educational achievement of Indian students served by such agency;
`(3) the program for which assistance is sought--
`(A) is based on a comprehensive local assessment and prioritization
of the unique educational and culturally related academic needs of the
American Indian and Alaska Native students to whom the local educational
agency is providing an education;
`(B) will use the best available talents and resources, including
individuals from the Indian community; and
`(C) was developed by such agency in open consultation with parents of
Indian children and teachers, and, if appropriate, Indian students from
secondary schools, including public hearings held by such agency to
provide the individuals described in this subparagraph a full opportunity
to understand the program and to offer recommendations regarding the
program; and
`(4) the local educational agency developed the program with the
participation and written approval of a committee--
`(A) that is composed of, and selected by--
`(i) parents of Indian children in the local educational agency's
schools and teachers; and
`(ii) if appropriate, Indian students attending secondary
schools;
`(B) a majority of whose members are parents of Indian
children;
`(C) that sets forth such policies and procedures, including policies
and procedures relating to the hiring of personnel, as will ensure that
the program for which assistance is sought will be operated and evaluated
in consultation with, and with the involvement of, parents of the
children, and representatives of the area, to be served;
`(D) with respect to an application describing a schoolwide program in
accordance with section 9115(c), has--
`(i) reviewed in a timely fashion the program; and
`(ii) determined that the program will not diminish the availability
of culturally related activities for American Indian and Alaskan Native
students; and
`(E) has adopted reasonable bylaws for the conduct of the activities
of the committee and abides by such bylaws.
`SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
`(a) GENERAL REQUIREMENTS- Each local educational agency that receives a
grant under this subpart shall use the grant funds, in a manner consistent
with the purpose specified in section 9111, for services and activities
that--
`(1) are designed to carry out the comprehensive program of the local
educational agency for Indian students, and described in the application of
the local educational agency submitted to the Secretary under section
9114(b);
`(2) are designed with special regard for the language and cultural
needs of the Indian students; and
`(3) supplement and enrich the regular school program of such
agency.
`(b) PARTICULAR ACTIVITIES- The services and activities referred to in
subsection (a) may include--
`(1) culturally related activities that support the program described in
the application submitted by the local educational agency;
`(2) early childhood and family programs that emphasize school
readiness;
`(3) enrichment programs that focus on problem solving and cognitive
skills development and directly support the attainment of challenging State
content standards and State student performance standards;
`(4) integrated educational services in combination with other programs
that meet the needs of Indian children and their families;
`(5) career preparation activities to enable Indian students to
participate in programs such as the programs supported by the Carl D.
Perkins Vocational and Technical Education Act of 1998, including programs
for tech-prep, mentoring, and apprenticeship;
`(6) activities to educate individuals concerning substance abuse and to
prevent substance abuse;
`(7) the acquisition of equipment, but only if the acquisition of the
equipment is essential to meet the purposes described in section 9111;
and
`(8) family literacy services.
`(c) SCHOOLWIDE PROGRAMS- Notwithstanding any other provision of law, a
local educational agency may use funds made available to such agency under
this subpart to support a schoolwide program under section 1114 if--
`(1) the committee composed of parents established pursuant to section
9114(c)(4) approves the use of the funds for the schoolwide program;
and
`(2) the schoolwide program is consistent with the purposes described in
section 9111.
`(d) LIMITATION ON ADMINISTRATIVE COSTS- Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal year may be used
for administrative purposes.
`SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.
`(a) PLAN- An entity receiving funds under this subpart may submit a plan
to the Secretary for the integration of education and related services
provided to Indian students.
`(b) COORDINATION OF PROGRAMS- Upon the receipt of an acceptable plan, the
Secretary, in cooperation with each Federal agency providing grants for the
provision of education and related services to the applicant, shall authorize
the applicant to coordinate, in accordance with such plan, its federally
funded education and related services programs, or portions thereof, serving
Indian students in a manner that integrates the program services involved into
a single, coordinated, comprehensive program and reduces administrative costs
by consolidating administrative functions.
`(c) PROGRAMS AFFECTED- The funds that may be consolidated in a
demonstration project under any such plan referred to in subsection (b) shall
include funds for any Federal program exclusively serving Indian children or
the funds reserved under any program to exclusively serve Indian children
under which the applicant is eligible for receipt of funds under a statutory
or administrative formula for the purposes of providing education and related
services which would be used to serve Indian students.
`(d) PLAN REQUIREMENTS- For a plan to be acceptable pursuant to subsection
(b), it shall--
`(1) identify the programs or funding sources to be consolidated;
`(2) be consistent with the purposes of this section authorizing the
services to be integrated in a demonstration project;
`(3) describe a comprehensive strategy which identifies the full range
of potential educational opportunities and related services to be provided
to assist Indian students to achieve the goals set forth in this
subpart;
`(4) describe the way in which services are to be integrated and
delivered and the results expected from the plan;
`(5) identify the projected expenditures under the plan in a single
budget;
`(6) identify the local, State, or tribal agency or agencies to be
involved in the delivery of the services integrated under the plan;
`(7) identify any statutory provisions, regulations, policies, or
procedures that the applicant believes need to be waived in order to
implement its plan;
`(8) set forth measures of student achievement and performance goals
designed to be met within a specified period of time; and
`(9) be approved by a parent committee formed in accordance with section
9114(c)(4), if such a committee exists.
`(e) PLAN REVIEW- Upon receipt of the plan from an eligible entity, the
Secretary shall consult with the Secretary of each Federal department
providing funds to be used to implement the plan, and with the entity
submitting the plan. The parties so consulting shall identify any waivers of
statutory requirements or of Federal departmental regulations, policies, or
procedures necessary to enable the applicant to implement its plan.
Notwithstanding any other provision of law, the Secretary of the affected
department or departments shall have the authority to waive any regulation,
policy, or procedure promulgated by that department that has been so
identified by the applicant or department, unless the Secretary of the
affected department determines that such a waiver is inconsistent with the
intent of this subpart or those provisions of the statute from which the
program involved derives its authority which are specifically applicable to
Indian students.
`(f) PLAN APPROVAL- Within 90 days after the receipt of an applicant's
plan by the Secretary, the Secretary shall inform the applicant, in writing,
of the Secretary's approval or disapproval of the plan. If the plan is
disapproved, the applicant shall be informed, in writing, of the reasons for
the disapproval and shall be given an opportunity to amend its plan or to
petition the Secretary to reconsider such disapproval.
`(g) RESPONSIBILITIES OF DEPARTMENT OF EDUCATION- Not later than 180 days
after the date of the enactment of the Student Results Act of 1999, the
Secretary of Education, the Secretary of the Interior, and the head of any
other Federal department or agency identified by the Secretary of Education,
shall enter into an interdepartmental memorandum of agreement providing for
the implementation of the demonstration projects authorized under this
section. The lead agency head for a demonstration program under this section
shall be--
`(1) the Secretary of the Interior, in the case of applicant meeting the
definition of contract or grant school under title XI of the Education
Amendments of 1978; or
`(2) the Secretary of Education, in the case of any other
applicant.
`(h) RESPONSIBILITIES OF LEAD AGENCY- The responsibilities of the lead
agency shall include--
`(1) the use of a single report format related to the plan for the
individual project which shall be used by an eligible entity to report on
the activities undertaken under the project;
`(2) the use of a single report format related to the projected
expenditures for the individual project which shall be used by an eligible
entity to report on all project expenditures;
`(3) the development of a single system of Federal oversight for the
project, which shall be implemented by the lead agency; and
`(4) the provision of technical assistance to an eligible entity
appropriate to the project, except that an eligible entity shall have the
authority to accept or reject the plan for providing such technical
assistance and the technical assistance provider.
`(i) REPORT REQUIREMENTS- A single report format shall be developed by the
Secretary, consistent with the requirements of this section. Such report
format, together with records maintained on the consolidated program at the
local level, shall contain such information as will allow a determination that
the eligible entity has complied with the requirements incorporated in its
approved plan, including the demonstration of student achievement, and will
provide assurances to each Secretary that the eligible entity has complied
with all directly applicable statutory requirements and with those directly
applicable regulatory requirements which have not been waived.
`(j) NO REDUCTION IN AMOUNTS- In no case shall the amount of Federal funds
available to an eligible entity involved in any demonstration project be
reduced as a result of the enactment of this section.
`(k) INTERAGENCY FUND TRANSFERS AUTHORIZED- The Secretary is authorized to
take such action as may be necessary to provide for an interagency transfer of
funds otherwise available to an eligible entity in order to further the
purposes of this section.
`(l) ADMINISTRATION OF FUNDS-
`(1) IN GENERAL- Program funds shall be administered in such a manner as
to allow for a determination that funds from specific a program or programs
are spent on allowable activities authorized under such program, except that
the eligible entity shall determine the proportion of the funds granted
which shall be allocated to such program.
`(2) SEPARATE RECORDS NOT REQUIRED- Nothing in this section shall be
construed as requiring the eligible entity to maintain separate records
tracing any services or activities conducted under its approved plan to the
individual programs under which funds were authorized, nor shall the
eligible entity be required to allocate expenditures among such individual
programs.
`(m) OVERAGE- All administrative costs may be commingled and participating
entities shall be entitled to the full amount of such costs (under each
program or department's regulations), and no overage shall be counted for
Federal audit purposes, provided that the overage is used for the purposes
provided for under this section.
`(n) FISCAL ACCOUNTABILITY- Nothing in this part shall be construed so as
to interfere with the ability of the Secretary or the lead agency to fulfill
the responsibilities for the safeguarding of Federal funds pursuant to the
Single Audit Act of 1984.
`(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION-
`(1) PRELIMINARY REPORT- Not later than 2 years after the date of the
enactment of the Student Results Act of 1999, the Secretary of Education
shall submit a preliminary report 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 on the status of the
implementation of the demonstration program authorized under this
section.
`(2) FINAL REPORT- Not later than 5 years after the date of the
enactment of the Student Results Act of 1999, the Secretary of Education
shall submit a report 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 on the results of the implementation of the
demonstration program authorized under this section. Such report shall
identify statutory barriers to the ability of participants to integrate more
effectively their education and related services to Indian students in a
manner consistent with the purposes of this section.
`(p) DEFINITIONS- For the purposes of this section, the term `Secretary'
means--
`(1) the Secretary of the Interior, in the case of applicant meeting the
definition of contract or grant school under title XI of the Education
Amendments of 1978; or
`(2) the Secretary of Education, in the case of any other
applicant.
`SEC. 9117. STUDENT ELIGIBILITY FORMS.
`(a) IN GENERAL- The Secretary shall require that, as part of an
application for a grant under this subpart, each applicant shall maintain a
file, with respect to each Indian child for whom the local educational agency
provides a free public education, that contains a form that sets forth
information establishing the status of the child as an Indian child eligible
for assistance under this subpart and that otherwise meets the requirements of
subsection (b).
`(1) IN GENERAL- The form described in subsection (a) shall
include--
`(i)(I) the name of the tribe or band of Indians (as described in
section 9161(3)) with respect to which the child claims
membership;
`(II) the enrollment number establishing the membership of the child
(if readily available); and
`(III) the name and address of the organization that maintains
updated and accurate membership data for such tribe or band of Indians;
or
`(ii) if the child is not a member of a tribe or band of Indians,
the name, the enrollment number (if readily available), and the
organization (and address thereof) responsible for maintaining updated
and accurate membership rolls of the tribe of any parent or grandparent
of the child from whom the child claims eligibility;
`(B) a statement of whether the tribe or band of Indians with respect
to which the child, parent, or grandparent of the child claims membership
is federally recognized;
`(C) the name and address of the parent or legal guardian of the
child;
`(D) a signature of the parent or legal guardian of the child that
verifies the accuracy of the information supplied; and
`(E) any other information that the Secretary considers necessary to
provide an accurate program profile.
`(2) MINIMUM INFORMATION- In order for a child to be eligible to be
counted for the purpose of computing the amount of a grant award made under
section 9113, an eligibility form prepared pursuant to this section for a
child shall include--
`(A) the name of the child;
`(B) the name of the tribe or band of Indians (as described in section
9161(3)) with respect to which the child claims eligibility; and
`(C) the dated signature of the parent or guardian of the
child.
`(3) FAILURE- The failure of an applicant to furnish any information
described in this subsection other than the information described in
paragraph (2) with respect to any child shall have no bearing on the
determination of whether the child is an eligible Indian child for the
purposes of determining the amount of a grant award made under section
9113.
`(c) STATUTORY CONSTRUCTION- Nothing in this section shall be construed to
affect a definition contained in section 9161.
`(d) FORMS AND STANDARDS OF PROOF- The forms and the standards of proof
(including the standard of good faith compliance) that were in use during the
1985-1986 academic year to establish the eligibility of a child for
entitlement under the Indian Elementary and Secondary School Assistance Act
shall be the forms and standards of proof used--
`(1) to establish such eligibility; and
`(2) to meet the requirements of subsection (a).
`(e) DOCUMENTATION- For purposes of determining whether a child is
eligible to be counted for the purpose of computing the amount of a grant
under section 9113, the membership of the child, or any parent or grandparent
of the child, in a tribe or band of Indians may be established by proof other
than an enrollment number, notwithstanding the availability of an enrollment
number for a member of such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment number.
`(f) MONITORING AND EVALUATION REVIEW-
`(1) IN GENERAL- (A) For each fiscal year, in order to provide such
information as is necessary to carry out the responsibility of the Secretary
to provide technical assistance under this subpart, the Secretary shall
conduct a monitoring and evaluation review of a sampling of the recipients
of grants under this subpart. The sampling conducted under this subparagraph
shall take into account the size of the local educational agency and the
geographic location of such agency.
`(B) A local educational agency may not be held liable to the United
States or be subject to any penalty, by reason of the findings of an audit
that relates to the date of completion, or the date of submission, of any
forms used to establish, before April 28, 1988, the eligibility of a child
for entitlement under the Indian Elementary and Secondary School Assistance
Act.
`(2) FALSE INFORMATION- Any local educational agency that provides false
information in an application for a grant under this subpart shall--
`(A) be ineligible to apply for any other grant under this part;
and
`(B) be liable to the United States for any funds that have not been
expended.
`(3) EXCLUDED CHILDREN- A student who provides false information for the
form required under subsection (a) shall not be counted for the purpose of
computing the amount of a grant under section 9113.
`(g) TRIBAL GRANT AND CONTRACT SCHOOLS- Notwithstanding any other
provision of this section, in awarding funds under this subpart to a tribal
school that receives a grant or contract from the Bureau of Indian Affairs,
the Secretary shall use only one of the following, as selected by the
school:
`(1) A count of the number of students in those schools certified by the
Bureau.
`(2) A count of the number of students for whom the school has
eligibility forms that comply with this section.
`(h) TIMING OF CHILD COUNTS- For purposes of determining the number of
children to be counted in calculating the amount of a local educational
agency's grant under this subpart (other than in the case described in
subsection (g)(1)), the local educational agency shall--
`(1) establish a date on, or a period not longer than 31 consecutive
days during which, the agency counts those children, so long as that date or
period occurs before the deadline established by the Secretary for
submitting an application under section 9114; and
`(2) determine that each such child was enrolled, and receiving a free
public education, in a school of the agency on that date or during that
period, as the case may be.
`SEC. 9118. PAYMENTS.
`(a) IN GENERAL- Subject to subsections (b) and (c), the Secretary shall
pay to each local educational agency that submits an application that is
approved by the Secretary under this subpart the amount determined under
section 9113. The Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for which the
Secretary makes the payment.
`(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE- The Secretary may not make
a grant under this subpart to a local educational agency for a fiscal year if,
for such fiscal year, the State in which the local educational agency is
located takes into consideration payments made under this subpart in
determining the eligibility of the local educational agency for State aid, or
the amount of the State aid, with respect to the free public education of
children during such fiscal year or the preceding fiscal year.
`(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL EFFORT-
`(1) IN GENERAL- The Secretary may not pay a local educational agency
the full amount of a grant award determined under section 9113 for any
fiscal year unless the State educational agency notifies the Secretary, and
the Secretary determines that, with respect to the provision of free public
education by the local educational agency for the preceding fiscal year, the
combined fiscal effort of the local educational agency and the State,
computed on either a per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
`(2) FAILURE TO MAINTAIN EFFORT- If, for any fiscal year, the Secretary
determines that a local educational agency failed to maintain the fiscal
effort of such agency at the level specified in paragraph (1), the Secretary
shall--
`(A) reduce the amount of the grant that would otherwise be made to
such agency under this subpart in the exact proportion of such agency's
failure to maintain its fiscal effort at such level; and
`(B) not use the reduced amount of the agency's expenditures for the
preceding year to determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the amount of expenditures that
would have been required to comply with paragraph (1).
`(3) WAIVER- (A) The Secretary may waive the requirement of paragraph
(1), for not more than 1 year at a time, if the Secretary determines that
the failure to comply with such requirement is due to exceptional or
uncontrollable circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
`(B) The Secretary shall not use the reduced amount of such agency's
expenditures for the fiscal year preceding the fiscal year for which a
waiver is granted to determine compliance with paragraph (1) for any
succeeding fiscal year, but shall use the amount of expenditures that would
have been required to comply with paragraph (1) in the absence of the
waiver.
`(d) REALLOCATIONS- The Secretary may reallocate, in a manner that the
Secretary determines will best carry out the purpose of this subpart, any
amounts that--
`(1) based on estimates made by local educational agencies or other
information, the Secretary determines will not be needed by such agencies to
carry out approved programs under this subpart; or
`(2) otherwise become available for reallocation under this
subpart.
`SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.
`Before submitting an application to the Secretary under section 9114, a
local educational agency shall submit the application to the State educational
agency, which may comment on such application. If the State educational agency
comments on the application, it shall comment on all applications submitted by
local educational agencies in the State and shall provide those comments to
the respective local educational agencies, with an opportunity to respond.
`Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
`SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
`(1) IN GENERAL- It is the purpose of this section to support projects
to develop, test, and demonstrate the effectiveness of services and programs
to improve educational opportunities and achievement of Indian
children.
`(2) COORDINATION- The Secretary shall take such actions as are
necessary to achieve the coordination of activities assisted under this
subpart with--
`(A) other programs funded under this Act; and
`(B) other Federal programs operated for the benefit of American
Indian and Alaska Native children.
`(b) ELIGIBLE ENTITIES- For the purpose of this section, the term
`eligible entity' means a State educational agency, local educational agency,
Indian tribe, Indian organization, federally supported elementary and
secondary school for Indian students, Indian institution, including an Indian
institution of higher education, or a consortium of such institutions.
`(1) IN GENERAL- The Secretary shall award grants to eligible entities
to enable such entities to carry out activities that meet the purpose
specified in subsection (a)(1), including--
`(A) innovative programs related to the educational needs of
educationally disadvantaged children;
`(B) educational services that are not available to such children in
sufficient quantity or quality, including remedial instruction, to raise
the achievement of Indian children in one or more of the core academic
subjects of English, mathematics, science, foreign languages, art,
history, and geography;
`(C) bilingual and bicultural programs and projects;
`(D) special health and nutrition services, and other related
activities, that address the unique health, social, and psychological
problems of Indian children;
`(E) special compensatory and other programs and projects designed to
assist and encourage Indian children to enter, remain in, or reenter
school, and to increase the rate of secondary school graduation;
`(F) comprehensive guidance, counseling, and testing
services;
`(G) early childhood and kindergarten programs, including family-based
preschool programs that emphasize school readiness and parental skills,
and the provision of services to Indian children with
disabilities;
`(H) partnership projects between local educational agencies and
institutions of higher education that allow secondary school students to
enroll in courses at the postsecondary level to aid such students in the
transition from secondary school to postsecondary education;
`(I) partnership projects between schools and local businesses for
career preparation programs designed to provide Indian youth with the
knowledge and skills such youth need to make an effective transition from
school to a high-skill, high-wage career;
`(J) programs designed to encourage and assist Indian students to work
toward, and gain entrance into, an institution of higher
education;
`(K) family literacy services; or
`(L) other services that meet the purpose described in subsection
(a)(1).
`(2) PROFESSIONAL DEVELOPMENT- Professional development of teaching
professionals and paraprofessional may be a part of any program assisted
under this section.
`(d) GRANT REQUIREMENTS AND APPLICATIONS-
`(1) GRANT REQUIREMENTS- (A) The Secretary may make multiyear grants
under this section for the planning, development, pilot operation, or
demonstration of any activity described in subsection (c) for a period not
to exceed 5 years.
`(B) In making multiyear grants under this section, the Secretary shall
give priority to applications that present a plan for combining two or more
of the activities described in subsection (c) over a period of more than 1
year.
`(C) The Secretary shall make a grant payment to an eligible entity
after the initial year of the multiyear grant only if the Secretary
determines that the eligible entity has made substantial progress in
carrying out the activities assisted under the grant in accordance with the
application submitted under paragraph (2) and any subsequent modifications
to such application.
`(D)(i) In addition to awarding the multiyear grants described in
subparagraph (A), the Secretary may award grants to eligible entities for
the dissemination of exemplary materials or programs assisted under this
section.
`(ii) The Secretary may award a dissemination grant under this
subparagraph if, prior to awarding the grant, the Secretary determines that
the material or program to be disseminated has been adequately reviewed and
has demonstrated--
`(I) educational merit; and
`(II) the ability to be replicated.
`(2) APPLICATION- (A) Any eligible entity that desires to receive a
grant under this section shall submit an application to the Secretary at
such time and in such manner as the Secretary may require.
`(B) Each application submitted to the Secretary under subparagraph (A),
other than an application for a dissemination grant under paragraph (1)(D),
shall contain--
`(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be, involved in
developing and implementing the activities for which assistance is
sought;
`(ii) assurances that the applicant will participate, at the request
of the Secretary, in any national evaluation of activities assisted under
this section;
`(iii) information demonstrating that the proposed program is either a
research-based program (which may be a research-based program that has
been modified to be culturally appropriate for the students who will be
served);
`(iv) a description of how the applicant will incorporate the proposed
services into the ongoing school program once the grant period is over;
and
`(v) such other assurances and information as the Secretary may
reasonably require.
`(e) ADMINISTRATIVE COSTS- Not more than 5 percent of the funds provided
to a grantee under this subpart for any fiscal year may be used for
administrative purposes.
`SEC. 9122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
`(a) PURPOSES- The purposes of this section are--
`(1) to increase the number of qualified Indian individuals in teaching
or other education professions that serve Indian people;
`(2) to provide training to qualified Indian individuals to enable such
individuals to become teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
`(3) to improve the skills of qualified Indian individuals who serve in
the capacities described in paragraph (2).
`(b) ELIGIBLE ENTITIES- For the purpose of this section, the term
`eligible entity' means--
`(1) an institution of higher education, including an Indian institution
of higher education;
`(2) a State or local educational agency, in consortium with an
institution of higher education; and
`(3) an Indian tribe or organization, in consortium with an institution
of higher education.
`(c) PROGRAM AUTHORIZED- The Secretary is authorized to award grants to
eligible entities having applications approved under this section to enable
such entities to carry out the activities described in subsection (d).
`(d) AUTHORIZED ACTIVITIES-
`(1) IN GENERAL- Grant funds under this section shall be used to provide
support and training for Indian individuals in a manner consistent with the
purposes of this section. Such activities may include but are not limited
to, continuing programs, symposia, workshops, conferences, and direct
financial support.
`(2) SPECIAL RULES- (A) For education personnel, the training received
pursuant to a grant under this section may be inservice or preservice
training.
`(B) For individuals who are being trained to enter any field other than
teaching, the training received pursuant to a grant under this section shall
be in a program that results in a graduate degree.
`(e) APPLICATION- Each eligible entity desiring a grant under this section
shall submit an application to the Secretary at such time, in such manner and
accompanied by such information, as the Secretary may reasonably require.
`(f) SPECIAL RULE- In making grants under this section, the Secretary--
`(1) shall consider the prior performance of the eligible entity;
and
`(2) may not limit eligibility to receive a grant under this section on
the basis of--
`(A) the number of previous grants the Secretary has awarded such
entity; or
`(B) the length of any period during which such entity received such
grants.
`(g) GRANT PERIOD- Each grant under this section shall be awarded for a
period of not more than 5 years.
`(1) IN GENERAL- The Secretary shall require, by regulation, that an
individual who receives training pursuant to a grant made under this
section--
`(i) related to the training received under this section;
and
`(ii) that benefits Indian people; or
`(B) repay all or a prorated part of the assistance received.
`(2) REPORTING- The Secretary shall establish, by regulation, a
reporting procedure under which a grant recipient under this section shall,
not later than 12 months after the date of completion of the training, and
periodically thereafter, provide information concerning the compliance of
such recipient with the work requirement under paragraph (1).
`Subpart 3--National Research Activities
`SEC. 9141. NATIONAL ACTIVITIES.
`(a) AUTHORIZED ACTIVITIES- The Secretary may use funds made available
under section 9162(b) for each fiscal year to--
`(1) conduct research related to effective approaches for the education
of Indian children and adults;
`(2) evaluate federally assisted education programs from which Indian
children and adults may benefit;
`(3) collect and analyze data on the educational status and needs of
Indians; and
`(4) carry out other activities that are consistent with the purpose of
this part.
`(b) ELIGIBILITY- The Secretary may carry out any of the activities
described in subsection (a) directly or through grants to, or contracts or
cooperative agreements with Indian tribes, Indian organizations, State
educational agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education, and other public
and private agencies and institutions.
`(c) COORDINATION- Research activities supported under this section--
`(1) shall be carried out in consultation with the Office of Educational
Research and Improvement to assure that such activities are coordinated with
and enhance the research and development activities supported by the Office;
and
`(2) may include collaborative research activities which are jointly
funded and carried out by the Office of Indian Education Programs and the
Office of Educational Research and Improvement.
`Subpart 4--Federal Administration
`SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
`(a) MEMBERSHIP- There is established a National Advisory Council on
Indian Education (hereafter in this section referred to as the `Council'),
which shall--
`(1) consist of 15 Indian members, who shall be appointed by the
President from lists of nominees furnished, from time-to-time, by Indian
tribes and organizations; and
`(2) represent different geographic areas of the United States.
`(b) DUTIES- The Council shall--
`(1) advise the Secretary concerning the funding and administration
(including the development of regulations and administrative policies and
practices) of any program, including any program established under this
part--
`(A) with respect to which the Secretary has jurisdiction;
and
`(B)(i) that includes Indian children or adults as participants;
or
`(ii) that may benefit Indian children or adults;
`(2) make recommendations to the Secretary for filling the position of
Director of Indian Education whenever a vacancy occurs; and
`(3) submit to the Congress, not later than June 30 of each year, a
report on the activities of the Council, including--
`(A) any recommendations that the Council considers appropriate for
the improvement of Federal education programs that include Indian children
or adults as participants, or that may benefit Indian children or adults;
and
`(B) recommendations concerning the funding of any program described
in subparagraph (A).
`SEC. 9152. PEER REVIEW.
`The Secretary may use a peer review process to review applications
submitted to the Secretary under subpart 2 or 3.
`SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
`In making grants under subpart 2 or 3, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of higher
education under any program with respect to which Indian tribes,
organizations, and institutions are eligible to apply for grants.
`SEC. 9154. MINIMUM GRANT CRITERIA.
`The Secretary may not approve an application for a grant under subpart 2
unless the application is for a grant that is--
`(1) of sufficient size, scope, and quality to achieve the purpose or
objectives of such grant; and
`(2) based on relevant research findings.
`Subpart 5--Definitions; Authorizations of Appropriations
`SEC. 9161. DEFINITIONS.
`For the purposes of this part:
`(1) ADULT- The term `adult' means an individual who--
`(A) has attained the age of 16 years; or
`(B) has attained an age that is greater than the age of compulsory
school attendance under an applicable State law.
`(2) FREE PUBLIC EDUCATION- The term `free public education' means
education that is--
`(A) provided at public expense, under public supervision and
direction, and without tuition charge; and
`(B) provided as elementary or secondary education in the applicable
State or to preschool children.
`(3) INDIAN- The term `Indian' means an individual who is--
`(A) a member of an Indian tribe or band, as membership is defined by
the tribe or band, including--
`(i) any tribe or band terminated since 1940; and
`(ii) any tribe or band recognized by the State in which the tribe
or band resides;
`(B) a descendant, in the first or second degree, of an individual
described in subparagraph (A);
`(C) considered by the Secretary of the Interior to be an Indian for
any purpose;
`(D) an Eskimo, Aleut, or other Alaska Native; or
`(E) a member of an organized Indian group that received a grant under
the Indian Education Act of 1988 as it was in effect the day preceding the
date of the enactment of the Improving America's Schools Act of
1994.
`SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
`(a) SUBPART 1- For the purpose of carrying out subpart 1 of this part,
there are authorized to be appropriated $62,000,000 for fiscal year 2000, and
such sums as may be necessary for each of fiscal years 2001 through 2004.
`(b) SUBPARTS 2 AND 3- For the purpose of carrying out subparts 2 and 3 of
this part, there are authorized to be appropriated $4,000,000 for fiscal year
2000, and such sums as may be necessary for each of the fiscal years 2001
through 2004.'.
PART B--NATIVE HAWAIIAN EDUCATION
SEC. 402. NATIVE HAWAIIAN EDUCATION.
Part B of title IX of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7901 et seq.) is repealed.
PART C--ALASKA NATIVE EDUCATION
SEC. 403. ALASKA NATIVE EDUCATION.
Part C of title IX of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7931 et seq.) is amended--
(1) by repealing sections 9304 through 9306 and inserting the
following:
`SEC. 9304. PROGRAM AUTHORIZED.
`(1) PROGRAM AUTHORIZED- 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, and
consortia of such organizations and entities to carry out programs that meet
the purpose of this part.
`(2) PERMISSIBLE ACTIVITIES- Programs under this part may
include--
`(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--
`(i) curriculum materials that reflect the cultural diversity or the
contributions of Alaska Natives;
`(ii) instructional programs that make use of Native Alaskan
languages; and
`(iii) networks that introduce successful programs, materials, and
techniques to urban and rural schools;
`(C) professional development activities for educators,
including--
`(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; and
`(iii) recruiting and preparing teachers who are Alaska Natives,
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;
`(D) the development and operation of home instruction programs for
Alaska Native preschool children, the purpose of which is 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 high school, to excel in science and
math; and
`(ii) provide appropriate support services to the families of such
students that are needed to enable such students to benefit from the
program;
`(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
under this part; and
`(I) 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 under paragraph (2)(D) may include--
`(A) programs for parents and their infants, from prenatal through age
three;
`(B) preschool programs; and
`(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) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $10,000,000 for fiscal year 2000, and such sums as may be
necessary for each of the fiscal years 2001 through 2004 to carry out this
part.';
(A) by amending subsection (b) to read as follows:
`(b) APPLICATIONS- State and local educational agencies may apply for an
award under this part only as part of a consortium involving an Alaska Native
organization. This consortium may include other eligible applicants.';
(B) by amending subsection (d) to read as follows:
`(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 project about its application.'; and
(C) by striking subsection (e); and
(3) by redesignating sections 9307 and 9308 as sections 9305 and 9306,
respectively.
Subtitle B--Amendments to the Education Amendments of 1978
SEC. 410. AMENDMENTS TO THE EDUCATIONS AMENDMENTS OF 1978.
Part B of title XI of the Education Amendments of 1978 (25 U.S.C. 2001 et
seq.) is amended to read as follows:
`PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
`SEC. 1120. FINDING AND POLICY.
`(a) FINDING- Congress finds and recognizes that the Federal Government
has the sole responsibility for the operation and financial support of the
Bureau of Indian Affairs funded school system that it has established on or
near Indian reservations and Indian trust lands throughout the Nation for
Indian children.
`(b) POLICY- It is the policy of the United States to work in full
cooperation with Indian tribes toward the goal of assuring that the programs
of the Bureau of Indian Affairs funded school system are of the highest
quality and meet the unique educational and cultural needs of Indian
children.
`SEC. 1121. ACCREDITATION AND STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
`(a) PURPOSE; DECLARATIONS OF PURPOSES-
`(1) PURPOSE- The purpose of the standards implemented under this
section shall be to afford Indian students being served by a school funded
by the Bureau of Indian Affairs the same opportunities as all other students
in the United States to achieve the same challenging State performance
standards expected of all students.
`(2) DECLARATIONS OF PURPOSES- Local school boards for schools operated
by the Bureau of Indian Affairs, in cooperation and consultation with their
tribal governing bodies and their communities, are encouraged to adopt
declarations of purposes of education for their communities taking into
account the implications of such purposes on education in their communities
and for their schools. In adopting such declarations of purpose, the school
boards shall consider the effect those declarations may have on the
motivation of students and faculties. Such declarations shall represent the
aspirations of the community for the kinds of people the community would
like its children to become, and shall include assurances that all learners
will become accomplished in things and ways important to them and respected
by their parents and communities, shaping worthwhile and satisfying lives
for themselves, exemplifying the best values of the community and humankind,
and becoming increasingly effective in shaping the character and quality of
the world all learners share. These declarations of purpose shall influence
the standards for accreditation to be accepted by the schools.
`(b) STUDIES AND SURVEYS RELATING TO STANDARDS- Not later than 1 year
after the date of the enactment of the Student Results Act of 1999, the
Secretary, in consultation with the Secretary of Education, consortia of
education organizations, and Indian organizations and tribes, and making the
fullest use possible of other existing studies, surveys, and plans, shall
carry out by contract with an Indian organization, studies and surveys to
establish and revise standards for the basic education of Indian children
attending Bureau funded schools. Such studies and surveys shall take into
account factors such as academic needs, local cultural differences, type and
level of language skills, geographic isolation, and appropriate
teacher-student ratios for such children, and shall be directed toward the
attainment of equal educational opportunity for such children.
`(c) REVISION OF MINIMUM ACADEMIC STANDARDS-
`(1) IN GENERAL- Not later than 2 years after the date of the enactment
of the Student Results Act of 1999, the Secretary shall--
`(A) propose revisions to the minimum academic standards published in
the Federal Register on September 9, 1995 (50 Fed. Reg. 174) for the basic
education of Indian children attending Bureau funded schools in accordance
with the purpose described in subsection (a) and the findings of the
studies and surveys conducted under subsection (b);
`(B) publish such proposed revisions to such standards in the Federal
Register for the purpose of receiving comments from the tribes, tribal
school boards, Bureau funded schools, and other interested parties;
and
`(C) consistent with the provisions of this section and section 1131,
take such actions as are necessary to coordinate standards implemented
under this section with the Comprehensive School Reform Plan developed by
the Bureau and--
`(i) with the standards of the improvement plans for the States in
which any school operated by the Bureau of Indian Affairs is located;
or
`(ii) in the case where schools operated by the Bureau are within
the boundaries of reservation land of one tribe but within the
boundaries of more than one State, with the standards of the State
improvement plan of one such State selected by the tribe.
`(2) FURTHER REVISIONS- Not later that 6 months after the close of the
comment period, the Secretary shall establish final standards, distribute
such standards to all tribes and publish such final standards in the Federal
Register. The Secretary shall revise such standards periodically as
necessary. Prior to any revision of such final standards, the Secretary
shall distribute such proposed revision to all the tribes, and publish such
proposed revision in the Federal Register, for the purpose of receiving
comments from the tribes and other interested parties.
`(3) APPLICABILITY OF STANDARDS- Except as provided in subsection (e),
the final standards published under paragraph (2) shall apply to all Bureau
funded schools not accredited under subsection (f), and may also serve as a
model for educational programs for Indian children in public schools.
`(4) CONSIDERATIONS WHEN ESTABLISHING AND REVISING STANDARDS- In
establishing and revising such standards, the Secretary shall take into
account the unique needs of Indian students and support and reinforcement of
the specific cultural heritage of each tribe.
`(d) ALTERNATIVE OR MODIFIED STANDARDS- The Secretary shall provide
alternative or modified standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of each school are in
compliance with the minimum accreditation standards required for schools in
the State or region where the school is located.
`(e) WAIVER OF STANDARDS; ALTERNATIVE STANDARDS- A tribal governing body,
or the local school board so designated by the tribal governing body, shall
have the local authority to waive, in part or in whole, the standards
established under subsection (c) and (d) if such standards are deemed by such
body to be inappropriate. The tribal governing body or designated school board
shall, not later than 60 days after a waiver under this subsection, submit to
the Secretary a proposal for alternative standards that take into account the
specific needs of the tribe's children. Such alternative standards shall be
established by the Secretary unless specifically rejected by the Secretary for
good cause and in writing to the affected tribes or local school board, which
rejection shall be final and not subject to review.
`(f) ACCREDITATION AND IMPLEMENTATION OF STANDARDS-
`(1) DEADLINE FOR MEETING STANDARDS- Not later the second academic year
after publication of the standards, to the extent necessary funding is
provided, all Bureau funded schools shall meet the standards established
under subsections (c) and (d) or shall be accredited--
`(A) by a tribal accrediting body, if the accreditation standards of
the tribal accrediting body have been accepted by formal action of the
tribal governing body and are equal to or exceed the accreditation
standards of the State or region in which the school is located;
`(B) by a regional accreditation agency; or
`(C) by State accreditation standards for the State in which it is
located.
`(2) DETERMINATION OF STANDARDS TO BE APPLIED- The accreditation type or
standards applied for each school shall be determined by the school board of
the school, in consultation with the Administrator of the school, provided
that in the case where the School Board and the Administrator fail to agree
on the type of accreditation and standards to apply, the decision of the
school board with the approval of the tribal governing body shall be
final.
`(3) ASSISTANCE TO SCHOOL BOARDS- The Secretary, through contracts and
grants, shall assist school boards of contract or grant schools in
implementation of the standards established under subsections (c) and (d),
if the school boards request that such standards, in part or in whole, be
implemented.
`(4) FISCAL CONTROL AND FUND ACCOUNTING STANDARDS- The Bureau shall,
either directly or through contract with an Indian organization, establish a
consistent system of reporting standards for fiscal control and fund
accounting for all contract and grant schools. Such standards shall provide
data comparable to those used by Bureau operated schools.
`(g) ANNUAL PLAN FOR MEETING OF STANDARDS- Except as provided in
subsections (e) and (f), the Secretary shall begin to implement the standards
established under this section immediately upon the date of their
establishment. On an annual basis, the Secretary shall submit to the
appropriate committees of Congress, all Bureau funded schools, and the tribal
governing bodies of such schools a detailed plan to bring all Bureau schools
and contract or grant schools up to the level required by the applicable
standards established under this section. Such plan shall include detailed
information on the status of each school's educational program in relation to
the applicable standards established under this section, specific cost
estimates for meeting such standards at each school and specific timelines for
bringing each school up to the level required by such standards.
`(h) CLOSURE OR CONSOLIDATION OF SCHOOLS-
`(1) IN GENERAL- Except as specifically required by statute, no school
or peripheral dormitory operated by the Bureau on or after January 1, 1992,
may be closed or consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection.
`(2) EXCEPTIONS- This subsection shall not apply--
`(A) in those cases where the tribal governing body, or the local
school board concerned (if so designated by the tribal governing body),
requests closure or consolidation; or
`(B) when a temporary closure, consolidation, or substantial
curtailment is required by plant conditions which constitute an immediate
hazard to health and safety.
`(3) REGULATIONS- The Secretary shall, by regulation, promulgate
standards and procedures for the closure, transfer to another authority,
consolidation, or substantial curtailment of Bureau schools, in accordance
with the requirements of this subsection.
`(4) NOTICE- Whenever closure, transfer to another authority,
consolidation, or substantial curtailment of a school is under active
consideration or review by any division of the Bureau or the Department of
the Interior, the affected tribe, tribal governing body, and designated
local school board, will be notified immediately, kept fully and currently
informed, and afforded an opportunity to comment with respect to such
consideration or review. When a formal decision is made to close, transfer
to another authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated school board shall be
notified at least 6 months prior to the end of the school year preceding the
proposed closure date. Copies of any such notices and information shall be
transmitted promptly to the appropriate committees of Congress and published
in the Federal Register.
`(5) REPORT- The Secretary shall make a report to the appropriate
committees of Congress, the affected tribe, and the designated school board
describing the process of the active consideration or review referred to in
paragraph (4). The report shall include a study of the impact of such action
on the student population, identify those students with particular
educational and social needs, and ensure that alternative services are
available to such students. Such report shall include the description of the
consultation conducted between the potential service provider, current
service provider, parents, tribal representatives and the tribe or tribes
involved, and the Director of the Office of Indian Education Programs within
the Bureau regarding such students.
`(6) LIMITATION ON CERTAIN ACTIONS- No irrevocable action may be taken
in furtherance of any such proposed school closure, transfer to another
authority, consolidation or substantial curtailment (including any action
which would prejudice the personnel or programs of such school) prior to the
end of the first full academic year after such report is made.
`(7) TRIBAL GOVERNING BODY APPROVAL REQUIRED FOR CERTAIN ACTIONS- The
Secretary may terminate, contract, transfer to any other authority,
consolidate, or substantially curtail the operation or facilities of--
`(A) any Bureau funded school that is operated on or after of January
1, 1999;
`(B) any program of such a school that is operated on or after January
1, 1999; or
`(C) any school board of a school operated under a grant under the
Tribally Controlled Schools Act of 1988,
only if the tribal governing body approves such action.
`(i) APPLICATION FOR CONTRACTS OR GRANTS FOR NON-BUREAU FUNDED SCHOOLS OR
EXPANSION OF BUREAU FUNDED SCHOOLS-
`(1) IN GENERAL- (A)(i) The Secretary shall only consider the factors
described in subparagraph (B) in reviewing--
`(I) applications from any tribe for the awarding of a contract or
grant for a school that is not a Bureau funded school; and
`(II) applications from any tribe or school board of any Bureau funded
school for--
`(aa) a school which is not a Bureau funded school; or
`(bb) the expansion of a Bureau funded school which would increase
the amount of funds received by the Indian tribe or school board under
section 1127.
`(ii) With respect to applications described in this subparagraph, the
Secretary shall give consideration to all the factors described in
subparagraph (B), but no such application shall be denied based primarily
upon the geographic proximity of comparable public education.
`(B) With respect to applications described in subparagraph (A) the
Secretary shall consider the following factors relating to the program and
services that are the subject of the application:
`(i) The adequacy of the facilities or the potential to obtain or
provide adequate facilities.
`(ii) Geographic and demographic factors in the affected
areas.
`(iii) The adequacy of the applicant's program plans or, in the case
of a Bureau funded school, of projected needs analysis done either by the
tribe or the Bureau.
`(iv) Geographic proximity of comparable public education.
`(v) The stated needs of all affected parties, including students,
families, tribal governments at both the central and local levels, and
school organizations.
`(vi) Adequacy and comparability of programs already
available.
`(vii) Consistency of available programs with tribal educational codes
or tribal legislation on education.
`(viii) The history and success of these services for the proposed
population to be served, as determined from all factors, including but not
limited to standardized examination performance.
`(2) DETERMINATION ON APPLICATION- (A) The Secretary shall make a
determination of whether to approve any application described in paragraph
(1)(A) not later than 180 days after such application is submitted to the
Secretary.
`(B) If the Secretary fails to make the determination with respect to an
application by the date described in subparagraph (A), the application shall
be treated a having been approved by the Secretary.
`(3) REQUIREMENTS FOR APPLICATIONS- (A) Notwithstanding paragraph
(2)(B), an application described in paragraph (1)(A) may be approved by the
Secretary only if--
`(i) the application has been approved by the tribal governing body of
the students served by (or to be served by) the school or program that is
the subject of the application; and
`(ii) written evidence of such approval is submitted with the
application.
`(B) Each application described in paragraph (1)(A) shall provide
information concerning each of the factors described in paragraph
(1)(B).
`(4) DENIAL OF APPLICATIONS- Whenever the Secretary makes a
determination to deny approval of any application described in paragraph
(1)(A), the Secretary shall--
`(A) state the objections in writing to the applicant not later 180
days after the application is submitted to the Secretary;
`(B) provide assistance to the applicant to overcome stated
objections; and
`(C) provide the applicant a hearing, under the same rules and
regulations pertaining to the Indian Self-Determination and Education
Assistance Act and an opportunity to appeal the objections raised by the
Secretary.
`(5) EFFECTIVE DATE OF A SUBJECT APPLICATION- (A) Except as otherwise
provided in this paragraph, the action which is the subject of any
application described in paragraph (1)(A) that is approved by the Secretary
shall become effective at the beginning of the academic year following the
fiscal year in which the application is approved, or at an earlier date
determined by the Secretary.
`(B) If an application is treated as having been approved by the
Secretary under paragraph (2)(B), the action that is the subject of the
application shall become effective on the date that is 18 months after the
date on which the application is submitted to the Secretary, or at an
earlier date determined by the Secretary.
`(6) STATUTORY CONSTRUCTION- Nothing in this section shall be read so as
to preclude the expansion of grades and related facilities at a Bureau
funded school where such expansion and the maintenance of such expansion is
occasioned or paid for with non-Bureau funds.
`(j) GENERAL USE OF FUNDS- Funds received by Bureau funded schools from
the Bureau of Indian Affairs and under any program from the Department of
Education or any other Federal agency for the purpose of providing education
or related services may be used for schoolwide projects to improve the
educational program for all Indian students.
`(k) STUDY ON ADEQUACY OF FUNDS AND FORMULAS- The Comptroller General
shall conduct a study, in consultation with Indian tribes and local school
boards, to determine the adequacy of funding, and formulas used by the Bureau
to determine funding, for programs operated by Bureau funded schools, taking
into account unique circumstances applicable to Bureau funded schools, as well
as expenditures for comparable purposes in public schools nationally. Upon
completion of the study, the Secretary of the Interior shall take such action
as necessary to ensure distribution of the findings of the study to all
affected Indian tribes, local school boards, and associations of local school
boards.
`SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUATIONS.
`(a) IN GENERAL- The Secretary, in consultation with the Secretary of
Education, Indian organizations and tribes, and Bureau funded schools, shall
revise the national standards for home-living (dormitory) situations to
include such factors as heating, lighting, cooling, adult-child ratios, needs
for counselors (including special needs related to off-reservation home-living
(dormitory) situations), therapeutic programs, space, and privacy. Such
standards shall be implemented in Bureau operated schools, and shall serve as
minimum standards for contract or grant schools. Once established, any
revisions of such standards shall be developed according to the requirements
established under section 1138A.
`(b) IMPLEMENTATION- The Secretary shall implement the revised standards
established under this section immediately upon their completion.
`(c) PLAN- At the time of each annual budget submission for Bureau
educational services is presented, the Secretary shall submit to the
appropriate committees of Congress, the tribes, and the affected schools, and
publish in the Federal Register, a detailed plan to bring all Bureau funded
schools that provide home-living (dormitory) situations up to the standards
established under this section. Such plan shall include a statement of the
relative needs of each Bureau funded home-living (dormitory) school, projected
future needs of each Bureau funded home-living (dormitory) school, detailed
information on the status of each school in relation to the standards
established under this section, specific cost estimates for meeting each
standard for each such school, aggregate cost estimates for bringing all such
schools into compliance with the criteria established under this section, and
specific timelines for bringing each school into compliance with such
standards.
`(d) WAIVER- The criteria established under this section may be waived in
the same manner as the standards provided under section 1121(c) may be
waived.
`(e) CLOSURE FOR FAILURE TO MEET STANDARDS PROHIBITED- No school in
operation on or before January 1, 1987 (regardless of compliance or
noncompliance with the criteria established under this section), may be
closed, transferred to another authority, consolidated, or have its program
substantially curtailed for failure to meet the criteria.
`SEC. 1123. CODIFICATION OF REGULATIONS.
`(a) PART 32 OF TITLE 25 OF CODE OF FEDERAL REGULATIONS- The provisions of
part 32 of title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, are incorporated into this Act and shall be treated as though
such provisions are set forth in this subsection. Such provisions may be
altered only by means of an Act of Congress. To the extent that such
provisions of part 32 do not conform with this Act or any statutory provision
of law enacted before November 1, 1978, the provisions of this Act and the
provisions of such other statutory law shall govern.
`(b) REGULATION DEFINED- For purposes of this part, the term `regulation'
means any rules, regulations, guidelines, interpretations, orders, or
requirements of general applicability prescribed by any officer or employee of
the executive branch.
`SEC. 1124. SCHOOL BOUNDARIES.
`(a) ESTABLISHMENT BY SECRETARY- The Secretary shall establish, by
regulation, separate geographical attendance areas for each Bureau funded
school.
`(b) ESTABLISHMENT BY TRIBAL BODY- --In any case where there is more than
one Bureau funded school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the Bureau funded
schools on the reservation may, by mutual consent, establish the relevant
attendance areas for such schools, subject to the approval of the tribal
governing body. Any such boundaries so established shall be accepted by the
Secretary.
`(1) IN GENERAL- On or after July 1, 1999, no geographical attendance
area shall be revised or established with respect to any Bureau funded
school unless the tribal governing body or the local school board concerned
(if so designated by the tribal governing body) has been afforded--
`(A) at least 6 months notice of the intention of the Bureau to revise
or establish such attendance area; and
`(B) the opportunity to propose alternative boundaries.
Any tribe may petition the Secretary for revision of existing attendance
area boundaries. The Secretary shall accept such proposed alternative or
revised boundaries unless the Secretary finds, after consultation with the
affected tribe or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide adequate
stability to all of the affected programs. The Secretary shall cause such
revisions to be published in the Federal Register.
`(2) TRIBAL RESOLUTION DETERMINATION- Nothing in this section shall be
interpreted as denying a tribal governing body the authority, on a
continuing basis, to adopt a tribal resolution allowing parents the choice
of the Bureau funded school their children may attend, regardless of the
attendance boundaries established under this section.
`(d) FUNDING RESTRICTIONS- The Secretary shall not deny funding to a
Bureau funded school for any eligible Indian student attending the school
solely because that student's home or domicile is outside of the geographical
attendance area established for that school under this section. No funding
shall be made available without tribal authorization to enable a school to
provide transportation for any student to or from the school and a location
outside the approved attendance area of the school.
`(e) RESERVATION AS BOUNDARY- In any case where there is only one Bureau
funded program located on an Indian reservation, the attendance area for the
program shall be the boundaries (established by treaty, agreement,
legislation, court decisions, or executive decisions and as accepted by the
tribe) of the reservation served, and those students residing near the
reservation shall also receive services from such program.
`(f) OFF-RESERVATION HOME-LIVING (DORMITORY) SCHOOLS- Notwithstanding any
geographical attendance areas, attendance at off-reservation home-living
(dormitory) schools shall include students requiring special emphasis programs
to be implemented at each off-reservation home-living (dormitory) school. Such
attendance shall be coordinated between education line officers, the family,
and the referring and receiving programs.
`SEC. 1125. FACILITIES CONSTRUCTION.
`(a) COMPLIANCE WITH HEALTH AND SAFETY STANDARDS- The Secretary shall
immediately begin to bring all schools, dormitories, and other Indian
education-related facilities operated by the Bureau or under contract or grant
with the Bureau into compliance with all applicable tribal, Federal, or State
health and safety standards, whichever provides greater protection (except
that the tribal standards to be applied shall be no greater than any otherwise
applicable Federal or State standards), with section 504 of the Rehabilitation
Act of 1973, and with the Americans with Disabilities Act of 1990. Nothing in
this section shall require termination of the operations of any facility which
does not comply with such provisions and which is in use on the date of the
enactment of the Student Results Act of 1999.
`(b) COMPLIANCE PLAN- At the time that the annual budget request for
Bureau educational services is presented, the Secretary shall submit to the
appropriate committees of Congress a detailed plan to bring all facilities
covered under subsection (a) of this section into compliance with the
standards referred to in subsection (a). Such plan shall include detailed
information on the status of each facility's compliance with such standards,
specific cost estimates for meeting such standards at each school, and
specific timelines for bringing each school into compliance with such
standards.
`(c) CONSTRUCTION PRIORITIES-
`(1) SYSTEM TO ESTABLISH PRIORITIES- On an annual basis the Secretary
shall submit to the appropriate committees of Congress and cause to be
published in the Federal Register, the system used to establish priorities
for replacement and construction projects for Bureau funded schools and
home-living schools, including boarding schools and dormitories. At the time
any budget request for education is presented, the Secretary shall publish
in the Federal Register and submit with the budget request the current list
of all Bureau funded school construction priorities.
`(2) LONG-TERM CONSTRUCTION AND REPLACEMENT LIST- In addition to the
plan submitted under subsection (b), the Secretary shall--
`(A) not later than 18 months after the date of the enactment of the
Student Results Act of 1999, establish a long-term construction and
replacement list for all Bureau funded schools;
`(B) using the list prepared under subparagraph (A), propose a list
for the orderly replacement of all Bureau funded education-related
facilities over a period of 40 years to enable planning and scheduling of
budget requests;
`(C) cause the list prepared under subsection (B) to be published in
the Federal Register and allow a period of not less than 120 days for
public comment;
`(D) make such revisions to the list prepared under subparagraph (B)
as are appropriate based on the comments received; and
`(E) cause the final list to be published in the Federal
Register.
`(3) EFFECT ON OTHER LIST- Nothing in this section shall be construed as
interfering with or changing in any way the construction priority list as it
exists on the date of the enactment of the Student Results Act of
1999.
`(d) HAZARDOUS CONDITION AT BUREAU SCHOOL-
`(1) CLOSURE OR CONSOLIDATION- A Bureau funded school may be closed or
consolidated, and the programs of a Bureau funded school may be
substantially curtailed by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and safety officer of
the Bureau determines that such conditions exist at the Bureau funded
school.
`(2) INSPECTION- (A) After making a determination described in paragraph
(1), the Bureau health and safety officer shall conduct an inspection of the
condition of such plant accompanied by an appropriate tribal, county,
municipal, or State health and safety officer in order to determine whether
conditions at such plant constitute an immediate hazard to health and
safety. Such inspection shall be completed by not later than the date that
is 30 days after the date on which the action described in paragraph (1) is
taken. No further negative action may be taken unless the findings are
concurred in by the second, non-Bureau of Indian Affairs inspector.
`(B) If the health and safety officer conducting the inspection of a
plant required under subparagraph (A) determines that conditions at the
plant do not constitute an immediate hazard to health and safety, any
consolidation or curtailment that was made under paragraph (1) shall
immediately cease and any school closed by reason of conditions at the plant
shall be reopened immediately.
`(C) If a Bureau funded school is temporarily closed or consolidated or
the programs of a Bureau funded school are substantially curtailed under
this subsection and the Secretary determines that the closure,
consolidation, or curtailment will exceed 1 year, the Secretary shall submit
to the Congress, by not later than 6 months after the date on which the
closure, consolidation, or curtailment was initiated, a report which sets
forth the reasons for such temporary actions, the actions the Secretary is
taking to eliminate the conditions that constitute the hazard, and an
estimated date by which such actions will be concluded.
`(e) FUNDING REQUIREMENT-
`(1) DISTRIBUTION OF FUNDS- Beginning with the fiscal year following the
year of the date of the enactment of the Student Results Act of 1999, all
funds appropriated for the operations and maintenance of Bureau funded
schools shall be distributed by formula to the schools. No funds from this
account may be retained or segregated by the Bureau to pay for
administrative or other costs of any facilities branch or office, at any
level of the Bureau.
`(2) REQUIREMENTS FOR CERTAIN USES- No funds shall be withheld from the
distribution to the budget of any school operated under contract or grant by
the Bureau for maintenance or any other facilities or road related purpose,
unless such school has consented, as a modification to the contract or in
writing for grants schools, to the withholding of such funds, including the
amount thereof, the purpose for which the funds will be used, and the
timeline for the services to be provided. The school may, at the end of any
fiscal year, cancel an agreement under this paragraph upon giving the Bureau
30 days notice of its intent to do so.
`(f) NO REDUCTION IN FEDERAL FUNDING- Nothing in this section shall be
construed to diminish any Federal funding due to the receipt by the school of
funding for facilities improvement or construction from a State or any other
source.
`SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
`(a) FORMULATION AND ESTABLISHMENT OF POLICY AND PROCEDURE; SUPERVISION OF
PROGRAMS AND EXPENDITURES- The Secretary shall vest in the Assistant Secretary
for Indian Affairs all functions with respect to formulation and establishment
of policy and procedure and supervision of programs and expenditures of
Federal funds for the purpose of Indian education administered by the Bureau.
The Assistant Secretary shall carry out such functions through the Director of
the Office of Indian Education Programs.
`(b) DIRECTION AND SUPERVISION OF PERSONNEL OPERATIONS- Not later than 6
months after the date of the enactment of the Student Results Act of 1999, the
Director of the Office of Indian Education Programs shall direct and supervise
the operations of all personnel directly and substantially involved in the
provision of education services by the Bureau, including school or institution
custodial or maintenance personnel, facilities management, contracting,
procurement, and finance personnel. The Assistant Secretary for Indian Affairs
shall coordinate the transfer of functions relating to procurement, contracts,
operation, and maintenance of schools and other support functions to the
Director.
`(c) EVALUATION OF PROGRAMS; SERVICES AND SUPPORT FUNCTIONS; TECHNICAL AND
COORDINATING ASSISTANCE- Education personnel who are under the direction and
supervision of the Director of the Office of Indian Education Programs in
accordance with the first sentence of subsection (b) shall--
`(1) monitor and evaluate Bureau education programs;
`(2) provide all services and support functions for education programs
with respect to personnel matters involving staffing actions and functions;
and
`(3) provide technical and coordinating assistance in areas such as
procurement, contracting, budgeting, personnel, curriculum, and operation
and maintenance of school facilities.
`(d) CONSTRUCTION, IMPROVEMENT, OPERATION, AND MAINTENANCE OF
FACILITIES-
`(1) PLAN FOR CONSTRUCTION- The Assistant Secretary shall submit in the
annual budget a plan--
`(A) for school facilities to be constructed under section
1125(c);
`(B) for establishing priorities among projects and for the
improvement and repair of educational facilities, which together shall
form the basis for the distribution of appropriated funds; and
`(C) for capital improvements to be made over the five succeeding
years.
`(2) PROGRAM FOR OPERATION AND MAINTENANCE-
`(A) IN GENERAL- The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the operation and
maintenance of education facilities. Such program shall include--
`(i) a method of computing the amount necessary for each educational
facility;
`(ii) similar treatment of all Bureau funded schools;
`(iii) a notice of an allocation of appropriated funds from the
Director of the Office of Indian Education Programs directly to the
education line officers and appropriate school officials;
`(iv) a method for determining the need for, and priority of,
facilities repair and maintenance projects, both major and minor. In
making such determination, the Assistant Secretary shall cause to be
conducted a series of meetings at the agency and area level with
representatives of the Bureau funded schools in those areas and agencies
to receive comment on the lists and prioritization of such projects;
and
`(v) a system for the conduct of routine preventive
maintenance.
`(B) The appropriate education line officers shall make arrangements
for the maintenance of education facilities with the local supervisors of
the Bureau maintenance personnel. The local supervisors of Bureau
maintenance personnel shall take appropriate action to implement the
decisions made by the appropriate education line officers, except that no
funds under this chapter may be authorized for expenditure unless such
appropriate education line officer is assured that the necessary
maintenance has been, or will be, provided in a reasonable
manner.
`(3) IMPLEMENTATION- The requirements of this subsection shall be
implemented as soon as practicable after the date of the enactment of the
Student Results Act of 1999.
`(e) ACCEPTANCE OF GIFTS AND BEQUESTS- Notwithstanding any other provision
of law, the Director shall promulgate guidelines for the establishment of
mechanisms for the acceptance of gifts and bequests for the use and benefit of
particular schools or designated Bureau operated education programs,
including, where appropriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary of such a gift or
bequest, the Director shall make provisions for monitoring its use and shall
report to the appropriate committees of Congress the amount and terms of such
gift or bequest, the manner in which such gift or bequest shall be used, and
any results achieved by such action.
`(f) FUNCTIONS CLARIFIED- For the purpose of this section, the term
`functions' includes powers and duties.
`SEC. 1127. ALLOTMENT FORMULA.
`(a) FACTORS CONSIDERED; REVISION TO REFLECT STANDARDS-
`(1) FORMULA- The Secretary shall establish, by regulation adopted in
accordance with section 1138A, a formula for determining the minimum annual
amount of funds necessary to sustain each Bureau funded school. In
establishing such formula, the Secretary shall consider--
`(A) the number of eligible Indian students served and total student
population of the school;
`(B) special cost factors, such as--
`(i) the isolation of the school;
`(ii) the need for special staffing, transportation, or educational
programs;
`(iii) food and housing costs;
`(iv) maintenance and repair costs associated with the physical
condition of the educational facilities;
`(v) special transportation and other costs of isolated and small
schools;
`(vi) the costs of home-living (dormitory) arrangements, where
determined necessary by a tribal governing body or designated school
board;
`(vii) costs associated with greater lengths of service by education
personnel;
`(viii) the costs of therapeutic programs for students requiring
such programs; and
`(ix) special costs for gifted and talented students;
`(C) the cost of providing academic services which are at least
equivalent to those provided by public schools in the State in which the
school is located; and
`(D) such other relevant factors as the Secretary determines are
appropriate.
`(2) REVISION OF FORMULA- Upon the establishment of the standards
required in sections 1121 and 1122, the Secretary shall revise the formula
established under this subsection to reflect the cost of funding such
standards. Not later than January 1, 2001, the Secretary shall review the
formula established under this section and shall take such steps as are
necessary to increase the availability of counseling and therapeutic
programs for students in off-reservation home-living (dormitory) schools and
other Bureau operated residential facilities. Concurrent with such action,
the Secretary shall review the standards established under section 1122 to
be certain that adequate provision is made for parental notification
regarding, and consent for, such counseling and therapeutic programs.
`(b) PRO RATA ALLOTMENT- Notwithstanding any other provision of law,
Federal funds appropriated for the general local operation of Bureau funded
schools shall be allotted pro rata in accordance with the formula established
under subsection (a).
`(c) ANNUAL ADJUSTMENT; RESERVATION OF AMOUNT FOR SCHOOL BOARD
ACTIVITIES-
`(1) ANNUAL ADJUSTMENT- For fiscal year 2001, and for each subsequent
fiscal year, the Secretary shall adjust the formula established under
subsection (a) to--
`(A) use a weighted unit of 1.2 for each eligible Indian student
enrolled in the seventh and eighth grades of the school in considering the
number of eligible Indian students served by the school;
`(B) consider a school with an enrollment of less than 50 eligible
Indian students as having an average daily attendance of 50 eligible
Indian students for purposes of implementing the adjustment factor for
small schools;
`(C) take into account the provision of residential services on less
than a 9-month basis at a school when the school board and supervisor of
the school determine that a less than 9-month basis will be implemented
for the school year involved;
`(D) use a weighted unit of 2.0 for each eligible Indian student
that--
`(i) is gifted and talented; and
`(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served by the
school; and
`(E) use a weighted unit of 0.25 for each eligible Indian student who
is enrolled in a yearlong credit course in an Indian or Native language as
part of the regular curriculum of a school, in considering the number of
eligible Indian students served by such school.
The adjustment required under subparagraph (E) shall be used for such
school after--
`(i) the certification of the Indian or Native language curriculum by
the school board of such school to the Secretary, together with an
estimate of the number of full-time students expected to be enrolled in
the curriculum in the second school year for which the certification is
made; and
(ii) the funds appropriated for allotment under this section are
designated by the appropriations Act appropriating such funds as the
amount necessary to implement such adjustment at such school without
reducing allotments made under this section to any school by virtue of
such adjustment.
`(2) RESERVATION OF AMOUNT-
`(A) IN GENERAL- From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau school, the local
school board of such school may reserve an amount which does not exceed
the greater of--
`(II) 1 percent of such allotted funds,
for school board activities for such school, including
(notwithstanding any other provision of law) meeting expenses and the cost
of membership in, and support of, organizations engaged in activities on
behalf of Indian education.
`(B) TRAINING- Each school board shall see that each new member of the
school board receives, within 12 months of the individual's assuming a
position on the school board, 40 hours of training relevant to that
individual's service on the board. Such training may include legal issues
pertaining to schools funded by the Bureau, legal issues pertaining to
school boards, ethics, and other topics deemed appropriate by the school
board.
`(d) RESERVATION OF AMOUNT FOR EMERGENCIES- The Secretary shall reserve
from the funds available for distribution for each fiscal year under this
section an amount which, in the aggregate, shall equal 1 percent of the funds
available for such purpose for that fiscal year. Such funds shall be used, at
the discretion of the Director of the Office of Indian Education Programs, to
meet emergencies and unforeseen contingencies affecting the education programs
funded under this section. Funds reserved under this subsection may only be
expended for education services or programs, including emergency repairs of
educational facilities, at a schoolsite (as defined by section 5204(c)(2) of
the Tribally Controlled Schools Act of 1988). Funds reserved under this
subsection shall remain available without fiscal year limitation until
expended. However, the aggregate amount available from all fiscal years may
not exceed 1 percent of the current year funds. Whenever, the Secretary makes
funds available under this subsection, the Secretary shall report such action
to the appropriate committees of Congress within the annual budget
submission.
`(e) SUPPLEMENTAL APPROPRIATIONS- Supplemental appropriations enacted to
meet increased pay costs attributable to school level personnel shall be
distributed under this section.
`(f) ELIGIBLE INDIAN STUDENT DEFINED- For the purpose of this section, the
term `eligible Indian student' means a student who--
`(1) is a member of or is at least one-fourth degree Indian blood
descendant of a member of an Indian tribe which is eligible for the special
programs and services provided by the United States through the Bureau
because of their status as Indians; and
`(2) resides on or near an Indian reservation or meets the criteria for
attendance at a Bureau off-reservation home-living (dormitory) school.
`(1) IN GENERAL- An eligible Indian student may not be charged tuition
for attendance at a Bureau school or contract or grant school. A student
attending a Bureau school under paragraph (2)(C) may not be charged tuition
for attendance at such a school.
`(2) ATTENDANCE OF NON-INDIAN STUDENTS AT BUREAU SCHOOLS- The Secretary
may permit the attendance at a Bureau school of a student who is not an
eligible Indian student if--
`(A) the Secretary determines that the student's attendance will not
adversely affect the school's program for eligible Indian students because
of cost, overcrowding, or violation of standards or
accreditation;
`(B) the school board consents;
`(C) the student is a dependent of a Bureau, Indian Health Service, or
tribal government employee who lives on or near the school site;
or
`(D) a tuition is paid for the student that is not more than that
charged by the nearest public school district for out-of-district
students, and shall be in addition to the school's allocation under this
section.
`(3) ATTENDANCE OF NON-INDIAN STUDENTS AT CONTRACT AND GRANT SCHOOLS-
The school board of a contract or grant school may permit students who are
not eligible Indian students under this subsection to attend its contract
school or grant school and any tuition collected for those students shall be
in addition to funding received under this section.
`(h) FUNDS AVAILABLE WITHOUT FISCAL YEAR LIMITATION- Notwithstanding any
other provision of law, at the election of the school board of a Bureau school
made at any time during the fiscal year, a portion equal to not more than 15
percent of the funds allocated with respect to a school under this section for
any fiscal year shall remain available to the school for expenditure without
fiscal year limitation. The Assistant Secretary shall take steps as may be
necessary to implement this provision.
`(i) STUDENTS AT RICHFIELD DORMITORY, RICHFIELD, UTAH- Tuition for
out-of-State Indian students in home-living (dormitory) arrangements at the
Richfield dormitory in Richfield, Utah, who attend Sevier County high schools
in Richfield, Utah, shall be paid from the Indian school equalization program
funds authorized in this section and section 1130 at a rate not to exceed the
amounts per weighted student unit for that year for the instruction of such
students. No additional administrative cost funds shall be added to the
grant.
`SEC. 1128. ADMINISTRATIVE COST GRANTS.
`(a) GRANTS; EFFECT UPON APPROPRIATED AMOUNTS-
`(1) GRANTS- Subject to the availability of appropriated funds, the
Secretary shall provide grants to each tribe or tribal organization
operating a contract school or grant school in the amount determined under
this section with respect to the tribe or tribal organization for the
purpose of paying the administrative and indirect costs incurred in
operating contract or grant schools, provided that no school operated as a
stand-alone institution shall receive less than $200,000.00 per year for
these purposes, in order to--
`(A) enable tribes and tribal organizations operating such schools,
without reducing direct program services to the beneficiaries of the
program, to provide all related administrative overhead services and
operations necessary to meet the requirements of law and prudent
management practice; and
`(B) carry out other necessary support functions which would otherwise
be provided by the Secretary or other Federal officers or employees, from
resources other than direct program funds, in support of comparable Bureau
operated programs.
`(2) EFFECT UPON APPROPRIATED AMOUNTS- Amounts appropriated to fund the
grants provided under this section shall be in addition to, and shall not
reduce, the amounts appropriated for the program being administered by the
contract or grant school.
`(b) DETERMINATION OF GRANT AMOUNT-
`(1) IN GENERAL- The amount of the grant provided to each tribe or
tribal organization under this section for each fiscal year shall be
determined by applying the administrative cost percentage rate of the tribe
or tribal organization to the aggregate of the Bureau elementary and
secondary functions operated by the tribe or tribal organization for which
funds are received from or through the Bureau. The administrative cost
percentage rate determined under subsection (c) does not apply to other
programs operated by the tribe or tribal organization.
`(2) DIRECT COST BASE FUNDS- The Secretary shall--
`(A) reduce the amount of the grant determined under paragraph (1) to
the extent that payments for administrative costs are actually received by
an Indian tribe or tribal organization under any Federal education program
included in the direct cost base of the tribe or tribal organization;
and
`(B) take such actions as may be necessary to be reimbursed by any
other department or agency of the Federal Government for the portion of
grants made under this section for the costs of administering any program
for Indians that is funded by appropriations made to such other department
or agency.
`(c) ADMINISTRATIVE COST PERCENTAGE RATE-
`(1) IN GENERAL- For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal year is equal to
the percentage determined by dividing--
`(i) the amount equal to--
`(I) the direct cost base of the tribe or tribal organization for
the fiscal year, multiplied by
`(II) the minimum base rate; plus
`(ii) the amount equal to--
`(I) the standard direct cost base; multiplied by
`(II) the maximum base rate; by
`(i) the direct cost base of the tribe or tribal organization for
the fiscal year; plus
`(ii) the standard direct cost base.
`(2) ROUNDING- The administrative cost percentage rate shall be
determined to the 1/100 of a decimal point.
`(1) IN GENERAL- Funds received by a tribe or contract or grant school
as grants under this section for tribal elementary or secondary educational
programs may be combined by the tribe or contract or grant school into a
single administrative cost account without the necessity of maintaining
separate funding source accounting.
`(2) INDIRECT COST FUNDS- Indirect cost funds for programs at the school
which share common administrative services with tribal elementary or
secondary educational programs may be included in the administrative cost
account described in paragraph (1).
`(e) AVAILABILITY OF FUNDS- Funds received as grants under this section
with respect to tribal elementary or secondary education programs shall remain
available to the contract or grant school without fiscal year limitation and
without diminishing the amount of any grants otherwise payable to the school
under this section for any fiscal year beginning after the fiscal year for
which the grant is provided.
`(f) TREATMENT OF FUNDS- Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal organization under a
contract or agreement shall not be taken into consideration for purposes of
indirect cost underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
`(g) TREATMENT OF ENTITY OPERATING OTHER PROGRAMS- In applying this
section and section 105 of the Indian Self-Determination and Education
Assistance Act with respect to an Indian tribe or tribal organization
that--
`(1) receives funds under this section for administrative costs incurred
in operating a contract or grant school or a school operated under the
Tribally Controlled Schools Act of 1988; and
`(2) operates one or more other programs under a contract or grant
provided under the Indian Self-Determination and Education Assistance
Act,
the Secretary shall ensure that the Indian tribe or tribal organization is
provided with the full amount of the administrative costs that are associated
with operating the contract or grant school, and of the indirect costs, that
are associated with all of such other programs, provided that funds
appropriated for implementation of this section shall be used only to supply
the amount of the grant required to be provided by this section.
`(h) DEFINITIONS- For purposes of this section:
`(1) ADMINISTRATIVE COST- (A) The term `administrative cost' means the
costs of necessary administrative functions which--
`(i) the tribe or tribal organization incurs as a result of operating
a tribal elementary or secondary educational program;
`(ii) are not customarily paid by comparable Bureau operated programs
out of direct program funds; and
`(I) normally provided for comparable Bureau programs by Federal
officials using resources other than Bureau direct program funds;
or
`(II) are otherwise required of tribal self-determination program
operators by law or prudent management practice.
`(B) The term `administrative cost' may include--
`(i) contract or grant (or other agreement) administration;
`(ii) executive, policy, and corporate leadership and
decisionmaking;
`(iii) program planning, development, and management;
`(iv) fiscal, personnel, property, and procurement
management;
`(v) related office services and record keeping; and
`(vi) costs of necessary insurance, auditing, legal, safety and
security services.
`(2) BUREAU ELEMENTARY AND SECONDARY FUNCTIONS- The term `Bureau
elementary and secondary functions' means--
`(A) all functions funded at Bureau schools by the Office;
`(i) funds for which are appropriated to other agencies of the
Federal Government; and
`(ii) which are administered for the benefit of Indians through
Bureau schools; and
`(C) all operation, maintenance, and repair funds for facilities and
government quarters used in the operation or support of elementary and
secondary education functions for the benefit of Indians, from whatever
source derived.
`(3) DIRECT COST BASE- (A) Except as otherwise provided in subparagraph
(B), the direct cost base of a tribe or tribal organization for the fiscal
year is the aggregate direct cost program funding for all tribal elementary
or secondary educational programs operated by the tribe or tribal
organization during--
`(i) the second fiscal year preceding such fiscal year; or
`(ii) if such programs have not been operated by the tribe or tribal
organization during the two preceding fiscal years, the first fiscal year
preceding such fiscal year.
`(B) In the case of Bureau elementary or secondary education functions
which have not previously been operated by a tribe or tribal organization
under contract, grant, or agreement with the Bureau, the direct cost base
for the initial year shall be the projected aggregate direct cost program
funding for all Bureau elementary and secondary functions to be operated by
the tribe or tribal organization during that fiscal year.
`(4) MAXIMUM BASE RATE- The term `maximum base rate' means 50
percent.
`(5) MINIMUM BASE RATE- The term `minimum base rate' means 11
percent.
`(6) STANDARD DIRECT COST BASE- The term `standard direct cost base'
means $600,000.
`(7) TRIBAL ELEMENTARY OR SECONDARY EDUCATIONAL PROGRAMS- The term
`tribal elementary or secondary educational programs' means all Bureau
elementary and secondary functions, together with any other Bureau programs
or portions of programs (excluding funds for social services that are
appropriated to agencies other than the Bureau and are expended through the
Bureau, funds for major subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior years) which
share common administrative cost functions, that are operated directly by a
tribe or tribal organization under a contract, grant, or agreement with the
Bureau.
`(i) STUDIES FOR DETERMINATION OF FACTORS AFFECTING COSTS; BASE RATES
LIMITS; STANDARD DIRECT COST BASE; REPORT TO CONGRESS-
`(1) STUDIES- Not later than 120 days after the date of the enactment of
the Student Results Act of 1999, the Director of the Office of Indian
Education Programs shall--
`(A) conduct such studies as may be needed to establish an empirical
basis for determining relevant factors substantially affecting required
administrative costs of tribal elementary and secondary education
programs, using the formula set forth in subsection (c); and
`(B) conduct a study to determine--
`(i) a maximum base rate which ensures that the amount of the grants
provided under this section will provide adequate (but not excessive)
funding of the administrative costs of the smallest tribal elementary or
secondary educational programs;
`(ii) a minimum base rate which ensures that the amount of the grants
provided under this section will provide adequate (but not excessive)
funding of the administrative costs of the largest tribal elementary or
secondary educational programs; and
`(iii) a standard direct cost base which is the aggregate direct cost
funding level for which the percentage determined under subsection (c)
will--
`(I) be equal to the median between the maximum base rate and the
minimum base rate; and
`(II) ensure that the amount of the grants provided under this
section will provide adequate (but not excessive) funding of the
administrative costs of tribal elementary or secondary educational
programs closest to the size of the program.
`(2) GUIDELINES- The studies required under paragraph (1) shall--
`(A) be conducted in full consultation (in accordance with section
1131) with--
`(i) the tribes and tribal organizations that are affected by the
application of the formula set forth in subsection (c); and
`(ii) all national and regional Indian organizations of which such
tribes and tribal organizations are typically members;
`(B) be conducted onsite with a representative statistical sample of
the tribal elementary or secondary educational programs under a contract
entered into with a nationally reputable public accounting and business
consulting firm;
`(C) take into account the availability of skilled labor; commodities,
business and automatic data processing services, related Indian preference
and Indian control of education requirements, and any other market factors
found substantially to affect the administrative costs and efficiency of
each such tribal elementary or secondary educational program studied in
order to assure that all required administrative activities can reasonably
be delivered in a cost effective manner for each such program, given an
administrative cost allowance generated by the values, percentages, or
other factors found in the studies to be relevant in such
formula;
`(D) identify, and quantify in terms of percentages of direct program
costs, any general factors arising from geographic isolation, or numbers
of programs administered, independent of program size factors used to
compute a base administrative cost percentage in such formula;
and
`(E) identify any other incremental cost factors substantially
affecting the costs of required administrative cost functions at any of
the tribal elementary or secondary educational programs studied and
determine whether the factors are of general applicability to other such
programs, and (if so) how the factors may effectively be incorporated into
such formula.
`(3) CONSULTATION WITH INSPECTOR GENERAL- In carrying out the studies
required under this subsection, the Director shall obtain the input of, and
afford an opportunity to participate to, the Inspector General of the
Department of the Interior.
`(4) CONSIDERATION OF DELIVERY OF ADMINISTRATIVE SERVICES-
Determinations described in paragraph (2)(C) shall be based on what is
practicable at each location studied, given prudent management practice,
irrespective of whether required administrative services were actually or
fully delivered at these sites, or whether other services were delivered
instead, during the period of the study.
`(5) REPORT- Upon completion of the studies conducted under paragraph
(1), the Director shall submit to Congress a report on the findings of the
studies, together with determinations based upon such studies that would
affect the definitions set forth under subsection (e) that are used in the
formula set forth in subsection (c).
`(6) PROJECTION OF COSTS- The Secretary shall include in the Bureau's
justification for each appropriations request beginning in the first fiscal
year after the completion of the studies conducted under paragraph (1), a
projection of the overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary education programs
which the Secretary expects to be funded in the fiscal year for which the
appropriations are sought.
`(7) DETERMINATION OF PROGRAM SIZE- For purposes of this subsection, the
size of tribal elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all Bureau funded
programs which share common administrative cost functions.
`(j) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- There are authorized to be appropriated such sums as
necessary to carry out this section.
`(2) REDUCTIONS- If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts determined under
subsection (b) for a fiscal year exceeds the amount of funds appropriated to
carry out this section for such fiscal year, the Secretary shall reduce the
amount of each grant determined under subsection (b) for such fiscal year by
an amount that bears the same relationship to such excess as the amount of
such grants determined under subsection (b) bears to the total of all grants
determined under subsection (b) section for all tribes and tribal
organizations for such fiscal year.
`(k) APPLICABILITY TO SCHOOLS OPERATING UNDER TRIBALLY CONTROLLED SCHOOLS
ACT OF 1988- The provisions of this section shall also apply to those schools
operating under the Tribally Controlled Schools Act of 1988.
`SEC. 1129. DIVISION OF BUDGET ANALYSIS.
`(a) ESTABLISHMENT- Not later than 12 months after the date of the
enactment of the Student Results Act of 1999, the Secretary shall establish
within the Office of Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division shall be under the
direct supervision and control of the Director of the Office.
`(b) FUNCTIONS- In consultation with the tribal governing bodies and
tribal school boards, the Director of the Office, through the Division, shall
conduct studies, surveys, or other activities to gather demographic
information on Bureau funded schools and project the amount necessary to
provide Indian students in such schools the educational program set forth in
this part.
`(c) ANNUAL REPORTS- Not later than the date that the Assistant Secretary
for Indian Affairs makes the annual budget submission, for each fiscal year
after the date of the enactment of the Student Results Act of 1999, the
Director of the Office shall submit to the appropriate committees of Congress
(including the Appropriations committees), all Bureau funded schools, and the
tribal governing bodies of such schools, a report which shall contain--
`(1) projections, based upon the information gathered pursuant to
subparagraph (b) and any other relevant information, of amounts necessary to
provide Indian students in Bureau funded schools the educational program set
forth in this part;
`(2) a description of the methods and formulas used to calculate the
amounts projected pursuant to paragraph (1); and
`(3) such other information as the Director of the Office considers
appropriate.
`(d) USE OF REPORTS- The Director of the Office and the Assistant
Secretary for Indian Affairs shall use the annual report required by
subsection (c) when preparing their annual budget submissions.
`SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
`(a) ESTABLISHMENT OF SYSTEM AND FORWARD FUNDING-
`(1) IN GENERAL- The Secretary shall establish, by regulation adopted in
accordance with section 1138, a system for the direct funding and support of
all Bureau funded schools. Such system shall allot funds in accordance with
section 1127. All amounts appropriated for distribution under this section
may be made available under paragraph (2).
`(2) TIMING FOR USE OF FUNDS- (A) For the purposes of affording adequate
notice of funding available pursuant to the allotments made under section
1127, amounts appropriated in an appropriations Act for any fiscal year
shall become available for obligation by the affected schools on July 1 of
the fiscal year in which such amounts are appropriated without further
action by the Secretary, and shall remain available for obligation through
the succeeding fiscal year.
`(B) The Secretary shall, on the basis of the amount appropriated in
accordance with this paragraph--
`(i) publish, not later than July 1 of the fiscal year for which the
funds are appropriated, allotments to each affected school made under
section 1127 of 85 percent of such appropriation; and
`(ii) publish, not later than September 30 of such fiscal year, the
allotments to be made under section 1127 of the remaining 15 percent of
such appropriation, adjusted to reflect the actual student
attendance.
`(3) LIMITATION- (A) Notwithstanding any other provision of law or
regulation, the supervisor of a Bureau funded school may expend an aggregate
of not more than $50,000 of the amount allotted the school under section
1127 to acquire materials, supplies, equipment, services, operation, and
maintenance for the school without competitive bidding if--
`(i) the cost for any single item purchased does not exceed
$15,000;
`(ii) the school board approves the procurement;
`(iii) the supervisor certifies that the cost is fair and
reasonable;
`(iv) the documents relating to the procurement executed by the
supervisor or other school staff cite this paragraph as authority for the
procurement; and
`(v) the transaction is documented in a journal maintained at the
school clearly identifying when the transaction occurred, what was
acquired and from whom, the price paid, the quantities acquired, and any
other information the supervisor or school board considers
relevant.
`(B) Not later than 6 months after the date of the enactment of the
Student Results Act of 1999, the Secretary shall cause to be sent to each
supervisor of a Bureau operated program and school board chairperson, the
education line officer or officers of each agency and area, and the Bureau
Division in charge of procurement, at both the local and national levels,
notice of this paragraph.
`(C) The Director shall be responsible for determining the application
of this paragraph, including the authorization of specific individuals to
carry out this paragraph, and shall be responsible for the provision of
guidelines on the use of this paragraph and adequate training on such
guidelines.
`(4) EFFECT OF SEQUESTRATION ORDER- If a sequestration order issued
under the Balanced Budget and Emergency Deficit Control Act of 1985 reduces
the amount of funds available for allotment under section 1127 for any
fiscal year by more than 7 percent of the amount of funds available for
allotment under such section during the preceding fiscal year--
`(A) to fund allotments under section 1127, the Secretary,
notwithstanding any other law, may use--
`(i) funds appropriated for the operation of any Bureau school that
is closed or consolidated; and
`(ii) funds appropriated for any program that has been curtailed at
any Bureau school; and
`(B) the Secretary may waive the application of the provisions of
section 1121(h) with respect to the closure or consolidation of a school,
or the curtailment of a program at a school, during such fiscal year if
the funds described in clauses (i) and (ii) of subparagraph (A) with
respect to such school are used to fund allotments made under section 1127
for such fiscal year.
`(b) LOCAL FINANCIAL PLANS FOR EXPENDITURE OF FUNDS-
`(1) PLAN REQUIRED- (A) In the case of all Bureau operated schools,
allotted funds shall be expended on the basis of local financial plans which
ensure meeting the accreditation requirements or standards for the school
established pursuant to section 1121 and which shall be prepared by the
local school supervisor in active consultation with the local school board
for each school. The local school board for each school shall have the
authority to ratify, reject, or amend such financial plan, and expenditures
thereunder, and, on its own determination or in response to the supervisor
of the school, to revise such financial plan to meet needs not foreseen at
the time of preparation of the financial plan.
`(i) shall put into effect the decisions of the school board;
`(ii) shall provide the appropriate local union representative of the
education employees with copies of proposed draft financial plans and all
amendments or modifications thereto, at the same time such copies are
submitted to the local school board; and
`(iii) may appeal any such action of the local school board to the
appropriate education line officer of the Bureau agency by filing a
written statement describing the action and the reasons the supervisor
believes such action should be overturned. A copy of such statement shall
be submitted to the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After reviewing such
written appeal and response, the appropriate education line officer may,
for good cause, overturn the action of the local school board. The
appropriate education line officer shall transmit the determination of
such appeal in the form of a written opinion to such board and to such
supervisor identifying the reasons for overturning such action.
`(c) USE OF SELF-DETERMINATION GRANTS FUNDS- Funds for self-determination
grants under section 103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical assistance and
training in the field of education by the Bureau unless such services are
provided in accordance with a plan, agreed to by the tribe or tribes affected
and the Bureau, under which control of education programs is intended to be
transferred to such tribe or tribes within a specific period of time
negotiated under such agreement. The Secretary may approve applications for
funding tribal divisions of education and development of tribal codes of
education from funds appropriated pursuant to section 104(a) of such Act.
`(d) TECHNICAL ASSISTANCE AND TRAINING- In the exercise of its authority
under this section, a local school board may request technical assistance and
training from the Secretary, and the Secretary shall, to the greatest extent
possible, provide such services, and make appropriate provisions in the budget
of the Office for such services.
`(e) SUMMER PROGRAM OF ACADEMIC AND SUPPORT SERVICES-
`(1) IN GENERAL- A financial plan under subsection (b) for a school may
include, at the discretion of the local administrator and the school board
of such school, a provision for a summer program of academic and support
services for students of the school. Any such program may include activities
related to the prevention of alcohol and substance abuse. The Assistant
Secretary for Indian Affairs shall provide for the utilization of any such
school facility during any summer in which such utilization is
requested.
`(2) USE OF OTHER FUNDS- Notwithstanding any other provision of law,
funds authorized under the Act of April 16, 1934, and this Act may be used
to augment the services provided in each summer program at the option, and
under the control, of the tribe or Indian controlled school receiving such
funds.
`(3) TECHNICAL ASSISTANCE AND PROGRAM COORDINATION- The Assistant
Secretary for Indian Affairs, acting through the Director of the Office,
shall provide technical assistance and coordination for any program
described in paragraph (1) and shall, to the extent possible, encourage the
coordination of such programs with any other summer programs that might
benefit Indian youth, regardless of the funding source or administrative
entity of any such program.
`(f) COOPERATIVE AGREEMENTS-
`(1) IN GENERAL- From funds allotted to a Bureau school under section
1127, the Secretary shall, if specifically requested by the tribal governing
body (as defined in section 1141), implement any cooperative agreement
entered into between the tribe, the Bureau school board, and the local
public school district which meets the requirements of paragraph (2) and
involves the school. The tribe, the Bureau school board, and the local
public school district shall determine the terms of the agreement. Such
agreement may encompass coordination of all or any part of the
following:
`(A) Academic program and curriculum, unless the Bureau school is
currently accredited by a State or regional accrediting entity and would
not continue to be so accredited.
`(B) Support services, including procurement and facilities
maintenance.
`(2) EQUAL BENEFIT AND BURDEN- Each agreement entered into pursuant to
the authority provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though this requirement
shall not be construed so as to require equal expenditures or an exchange of
similar services.
`(g) PRODUCT OR RESULT OF STUDENT PROJECTS- Notwithstanding any other
provision of law, where there is agreement on action between the
superintendent and the school board of a Bureau funded school, the product or
result of a project conducted in whole or in major part by a student may be
given to that student upon the completion of such project.
`(h) NOT CONSIDERED FEDERAL FUNDS FOR MATCHING REQUIREMENTS-
Notwithstanding any other provision of law, funds received by a Bureau funded
school under this title shall not be considered Federal funds for the purposes
of meeting a matching funds requirement for any Federal program.
`SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
`(a) FACILITATION OF INDIAN CONTROL- It shall be the policy of the
Secretary and the Bureau, in carrying out the functions of the Bureau, to
facilitate tribal control of Indian affairs in all matters relating to
education.
`(b) CONSULTATION WITH TRIBES-
`(1) IN GENERAL- All actions under this Act shall be done with active
consultation with tribes.
`(2) REQUIREMENTS- The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation of all options
with respect to potential issues or changes between the Bureau and all
interested parties. During such discussions and joint deliberations,
interested parties (including tribes and school officials) shall be given an
opportunity to present issues including proposals regarding changes in
current practices or programs which will be considered for future action by
the Bureau. All interested parties shall be given an opportunity to
participate and discuss the options presented or to present alternatives,
with the views and concerns of the interested parties given effect unless
the Secretary determines, from information available from or presented by
the interested parties during one or more of the discussions and
deliberations, that there is a substantial reason for another course of
action. The Secretary shall submit to any Member of Congress, within 18 days
of the receipt of a written request by such Member, a written explanation of
any decision made by the Secretary which is not consistent with the views of
the interested parties.
`SEC. 1132. INDIAN EDUCATION PERSONNEL.
`(a) IN GENERAL- Chapter 51, subchapter III of chapter 53, and chapter 63
of title 5, United States Code, relating to classification, pay and leave,
respectively, and the sections of such title relating to the appointment,
promotion, hours of work, and removal of civil service employees, shall not
apply to educators or to education positions (as defined in subsection
(p)).
`(b) REGULATIONS- Not later than 60 days after the date of the enactment
of the Student Results Act of 1999, the Secretary shall prescribe regulations
to carry out this section. Such regulations shall include--
`(1) the establishment of education positions;
`(2) the establishment of qualifications for educators and education
personnel;
`(3) the fixing of basic compensation for educators and education
positions;
`(4) the appointment of educators;
`(5) the discharge of educators;
`(6) the entitlement of educators to compensation;
`(7) the payment of compensation to educators;
`(8) the conditions of employment of educators;
`(9) the leave system for educators;
`(10) the annual leave and sick leave for educators; and
`(11) such matters as may be appropriate.
`(c) QUALIFICATIONS OF EDUCATORS-
`(1) REQUIREMENTS- In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
`(A)(i) that lists of qualified and interviewed applicants for
education positions be maintained in each agency and area office of the
Bureau from among individuals who have applied at the agency or area level
for an education position or who have applied at the national level and
have indicated in such application an interest in working in certain areas
or agencies; and
`(ii) that a list of qualified and interviewed applicants for
education positions be maintained in the Office from among individuals who
have applied at the national level for an education position and who have
expressed interest in working in an education position anywhere in the
United States;
`(B) that a local school board shall have the authority to waive on a
case-by-case basis, any formal education or degree qualifications
established by regulation pursuant to subsection (b)(2), in order for a
tribal member to be hired in an education position to teach courses on
tribal culture and language and that subject to subsection (e)(2), a
determination by a school board that such a person be hired shall be
instituted supervisor; and
`(C) that it shall not be a prerequisite to the employment of an
individual in an education position at the local level that such
individual's name appear on the national list maintained pursuant to
subparagraph (A)(ii) or that such individual has applied at the national
level for an education position.
`(2) EXCEPTION FOR CERTAIN TEMPORARY EMPLOYMENT- The Secretary may
authorize the temporary employment in an education position of an individual
who has not met the certification standards established pursuant to
regulations, if the Secretary determines that failure to do so would result
in that position remaining vacant.
`(d) HIRING OF EDUCATORS-
`(1) REQUIREMENTS- In prescribing regulations to govern the appointment
of educators, the Secretary shall require--
`(A)(i) that educators employed in a Bureau operated school (other
than the supervisor of the school) shall be hired by the supervisor of the
school. In cases where there are no qualified applicants available, such
supervisor may consult the national list maintained pursuant to subsection
(c)(1)(A)(ii);
`(ii) each school supervisor shall be hired by the education line
officer of the agency office of the Bureau in which the school is
located;
`(iii) educators employed in an agency office of the Bureau shall be
hired by the superintendent for education of the agency office;
and
`(iv) each education line officer and educators employed in the Office
of the Director of Indian Education Programs shall be hired by the
Director;
`(B) that before an individual is employed in an education position in
a school by the supervisor of a school (or with respect to the position of
supervisor, by the appropriate agency education line officer), the local
school board for the school shall be consulted. A determination by such
school board that such individual should or should not be so employed
shall be instituted by the supervisor (or with respect to the position of
supervisor, by the agency superintendent for education);
`(C) that before an individual may be employed in an education
position at the agency level, the appropriate agency school board shall be
consulted, and that a determination by such school board that such
individual should or should not be employed shall be instituted by the
agency superintendent for education; and
`(D) that before an individual may be employed in an education
position in the Office of the Director (other than the position of
Director), the national school boards representing all Bureau schools
shall be consulted.
`(2) INFORMATION REGARDING APPLICATION AT NATIONAL LEVEL- Any individual
who applies at the local level for an education position shall state on such
individual's application whether or not such individual has applied at the
national level for an education position in the Bureau. If such individual
is employed at the local level, such individual's name shall be immediately
forwarded to the Secretary, who shall, as soon as practicable but in no
event in more than 30 days, ascertain the accuracy of the statement made by
such individual pursuant to the first sentence of this paragraph.
Notwithstanding subsection (e), if the individual's statement is found to
have been false, such individual, at the Secretary's discretion, may be
disciplined or discharged. If the individual has applied at the national
level for an education position in the Bureau, the appointment of such
individual at the local level shall be conditional for a period of 90 days,
during which period the Secretary may appoint a more qualified individual
(as determined by the Secretary) from the list maintained at the national
level pursuant to subsection (c)(1)(A)(ii) to the position to which such
individual was appointed.
`(3) STATUTORY CONSTRUCTION- Except as expressly provided, nothing in
this section shall be construed as conferring upon local school boards
authority over, or control of, educators at Bureau funded schools or the
authority to issue management decisions.
`(e) DISCHARGE AND CONDITIONS OF EMPLOYMENT OF EDUCATORS-
`(1) REGULATIONS- In prescribing regulations to govern the discharge and
conditions of employment of educators, the Secretary shall require--
`(A) that procedures be established for the rapid and equitable
resolution of grievances of educators;
`(B) that no educator may be discharged without notice of the reasons
therefore and opportunity for a hearing under procedures that comport with
the requirements of due process; and
`(C) that educators employed in Bureau schools be notified 30 days
prior to the end of the school year whether their employment contract will
be renewed for the following year.
`(2) PROCEDURES FOR DISCHARGE- The supervisor of a Bureau school may
discharge (subject to procedures established under paragraph (1)(B)) for
cause (as determined under regulations prescribed by the Secretary) any
educator employed in such school. Upon giving notice of proposed discharge
to an educator, the supervisor involved shall immediately notify the local
school board for the school of such action. A determination by the local
school board that such educator shall not be discharged shall be followed by
the supervisor. The supervisor shall have the right to appeal such action to
the education line officer of the appropriate agency office of the Bureau.
Upon such an appeal, the agency education line officer may, for good cause
and in writing to the local school board, overturn the determination of the
local school board with respect to the employment of such individual.
`(3) RECOMMENDATIONS OF SCHOOL BOARDS FOR DISCHARGE- Each local school
board for a Bureau school shall have the right--
`(A) to recommend to the supervisor of such school that an educator
employed in the school be discharged; and
`(B) to recommend to the education line officer of the appropriate
agency office of the Bureau and to the Director of the Office, that the
supervisor of the school be discharged.
`(f) APPLICABILITY OF INDIAN PREFERENCE LAWS-
`(1) IN GENERAL- Notwithstanding any provision of the Indian preference
laws, such laws shall not apply in the case of any personnel action under
this section respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants a written waiver of
the application of such laws with respect to such personnel action and
states that such waiver is necessary. This paragraph shall not relieve the
Bureau's responsibility to issue timely and adequate announcements and
advertisements concerning any such personnel action if such action is
intended to fill a vacancy (no matter how such vacancy is created).
`(2) TRIBAL ORGANIZATION DEFINED- For purposes of this subsection, the
term `tribal organization' means--
`(A) the recognized governing body of any Indian tribe, band, nation,
pueblo, or other organized community, including a Native village (as
defined in section 3(c) of the Alaska Native Claims Settlement Act);
or
`(B) in connection with any personnel action referred to in this
subsection, any local school board as defined in section 1141 which has
been delegated by such governing body the authority to grant a waiver
under this subsection with respect to personnel action.
`(3) INDIAN PREFERENCE LAW DEFINED- The term `Indian preference laws'
means section 12 of the Act of June 18, 1934 or any other provision of law
granting a preference to Indians in promotions and other personnel actions.
Such term shall not include section 7(b) of the Indian Self-Determination
and Education Assistance Act.
`(g) COMPENSATION OR ANNUAL SALARY-
`(1) IN GENERAL- (A) Except as otherwise provided in this section, the
Secretary shall fix the basic compensation for educators and education
positions at rates in effect under the General Schedule for individuals with
comparable qualifications, and holding comparable positions, to whom chapter
51 of title 5, United States Code, is applicable or on the basis of the
Federal Wage System schedule in effect for the locality, and for the
comparable positions, the rates of compensation in effect for the senior
executive service.
`(B) The Secretary shall establish the rate of basic compensation, or
annual salary rates, for the positions of teachers and counselors (including
dormitory counselors and home-living counselors) at the rates of basic
compensation applicable (on the date of the enactment of the Student Results
Act of 1999 and thereafter) to comparable positions in the overseas schools
under the Defense Department Overseas Teachers Pay Act. The Secretary shall
allow the local school boards authority to implement only the aspects of the
Defense Department Overseas Teacher pay provisions that are considered
essential for recruitment and retention. Implementation of such provisions
shall not be construed to require the implementation of the Act in its
entirety.
`(C)(i) Beginning with the fiscal year following the date of the
enactment of the Student Results Act of 1999, each school board may set the
rate of compensation or annual salary rate for teachers and counselors
(including academic counselors) who are new hires at the school and who have
not worked at the school on the date of implementation of this provision, at
rates consistent with the rates paid for individuals in the same positions,
with the same tenure and training, in any other school within whose
boundaries the Bureau school lies. In instances where the adoption of such
rates cause a reduction in the payment of compensation from that which was
in effect for the fiscal year following the date of the enactment of the
Student Results Act of 1999, the new rate may be applied to the compensation
of employees of the school who worked at the school on of the date of the
enactment of that Act by applying those rates to each contract renewal such
that the reduction takes effect in three equal installments. Where adoption
of such rates lead to an increase in the payment of compensation from that
which was in effect for the fiscal year following the date of the enactment
of the Student Results Act of 1999, the school board may make such rates
applicable at the next contract renewal such that either--
`(I) the increase occurs in its entirety; or
`(II) the increase is applied in three equal installments.
`(ii) The establishment of rates of basic compensation and annual salary
rates under subparagraphs (B) and (C) shall not preclude the use of
regulations and procedures used by the Bureau prior to April 28, 1988, in
making determinations regarding promotions and advancements through levels
of pay that are based on the merit, education, experience, or tenure of the
educator.
`(D) The establishment of rates of basic compensation and annual salary
rates under subparagraphs (B) and (C) shall not affect the continued
employment or compensation of an educator who was employed in an education
position on October 31, 1979, and who did not make an election under
subsection (p) is in effect on January 1, 1990.
`(2) POST-DIFFERENTIAL RATES- (A) The Secretary may pay a
post-differential rate not to exceed 25 percent of the rate of basic
compensation, on the basis of conditions of environment or work which
warrant additional pay as a recruitment and retention incentive.
`(B)(i) Upon the request of the supervisor and the local school board of
a Bureau school, the Secretary shall grant the supervisor of the school
authorization to provide one or more post-differentials under subparagraph
(A) unless the Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain of the requested
post-differentials should be disapproved or decreased because there is no
disparity of compensation for the involved employees or positions in the
Bureau school, as compared with the nearest public school, that is
either--
`(I) at least 5 percent; or
`(II) less than 5 percent and affects the recruitment or retention of
employees at the school.
`(ii) A request under clause (i) shall be deemed granted at the end of
the 60th day after the request is received in the Central Office of the
Bureau unless before that time the request is approved, approved with
modification, or disapproved by the Secretary.
`(iii) The Secretary or the supervisor of a Bureau school may
discontinue or decrease a post-differential authorized under this
subparagraph at the beginning of a school year if--
`(I) the local school board requests that such differential be
discontinued or decreased; or
`(II) the Secretary or the supervisor determines for clear and
convincing reasons (and advises the board in writing of those reasons)
that there is no disparity of compensation that would affect the
recruitment or retention of employees at the school after the differential
is discontinued or decreased.
`(iv) On or before February 1 of each year, the Secretary shall submit
to Congress a report describing the requests and grants of authority under
this subparagraph during the previous year and listing the positions
contracted under those grants of authority.
`(h) LIQUIDATION OF REMAINING LEAVE UPON TERMINATION- Upon termination
of employment with the Bureau, any annual leave remaining to the credit of
an individual within the purview of this section shall be liquidated in
accordance with sections 5551(a) and 6306 of title 5, United States Code,
except that leave earned or accrued under regulations prescribed pursuant to
subsection (b)(10) of this section shall not be so liquidated.
`(i) TRANSFER OF REMAINING SICK LEAVE UPON TRANSFER, PROMOTION, OR
REEMPLOYMENT- In the case of any educator who is transferred, promoted, or
reappointed, without break in service, to a position in the Federal Government
under a different leave system, any remaining leave to the credit of such
person earned or credited under the regulations prescribed pursuant to
subsection (b)(10) shall be transferred to such person's credit in the
employing agency on an adjusted basis in accordance with regulations which
shall be prescribed by the Office of Personnel Management.
`(j) INELIGIBILITY FOR EMPLOYMENT OF VOLUNTARILY TERMINATED EDUCATORS- An
educator who voluntarily terminates employment with the Bureau before the
expiration of the existing employment contract between such educator and the
Bureau shall not be eligible to be employed in another education position in
the Bureau during the remainder of the term of such contract.
`(k) DUAL COMPENSATION- In the case of any educator employed in an
education position described in subsection (l)(1)(A) who--
`(1) is employed at the close of a school year;
`(2) agrees in writing to serve in such position for the next school
year; and
`(3) is employed in another position during the recess period
immediately preceding such next school year, or during such recess period
receives additional compensation referred to in section 5533 of title 5,
United States Code, relating to dual compensation,
shall not apply to such educator by reason of any such employment during a
recess period for any receipt of additional compensation.
`(l) VOLUNTARY SERVICES- Notwithstanding section 1342 of title 31, United
States Code, the Secretary may, subject to the approval of the local school
board concerned, accept voluntary services on behalf of Bureau schools.
Nothing in this title shall be construed to require Federal employees to work
without compensation or to allow the use of volunteer services to displace or
replace Federal employees. An individual providing volunteer services under
this section is a Federal employee only for purposes of chapter 81 of title 5,
United States Code, and chapter 171 of title 28, United States Code.
`(1) ELECTION OF EMPLOYEE- Notwithstanding any other provision of law,
including laws relating to dual compensation, the Secretary, at the election
of the employee, shall prorate the salary of an employee employed in an
education position for the academic school year over the entire 12-month
period. Each educator employed for the academic school year shall annually
elect to be paid on a 12-month basis or for those months while school is in
session. No educator shall suffer a loss of pay or benefits, including
benefits under unemployment or other Federal or federally assisted programs,
because of such election.
`(2) CHANGE OF ELECTION- During the course of such year the employee may
change election once.
`(3) LUMP SUM PAYMENT- That portion of the employee's pay which would be
paid between academic school years may be paid in a lump sum at the election
of the employee.
`(4) DEFINITIONS- --For purposes of this subsection, the terms
`educator' and `education position' have the meanings contained in
paragraphs (1) and (2) of subsection (o). This subsection applies to those
individuals employed under the provisions of section 1132 of this title or
title 5, United States Code.
`(n) EXTRACURRICULAR ACTIVITIES-
`(1) STIPEND- Notwithstanding any other provision of law, the Secretary
may provide, for each Bureau area, a stipend in lieu of overtime premium pay
or compensatory time off. Any employee of the Bureau who performs additional
activities to provide services to students or otherwise support the school's
academic and social programs may elect to be compensated for all such work
on the basis of the stipend. Such stipend shall be paid as a supplement to
the employee's base pay.
`(2) ELECTION NOT TO RECEIVE STIPEND- If an employee elects not to be
compensated through the stipend established by this subsection, the
appropriate provisions of title 5, United States Code, shall apply.
`(3) APPLICABILITY OF SUBSECTION- This subsection applies to all Bureau
employees, whether employed under section 1132 of this title or title 5,
United States Code.
`(o) DEFINITIONS- For the purpose of this section--
`(1) EDUCATION POSITION- The term `education position' means a position
in the Bureau the duties and responsibilities of which--
`(A) are performed on a school-year basis principally in a Bureau
school and involve--
`(i) classroom or other instruction or the supervision or direction
of classroom or other instruction;
`(ii) any activity (other than teaching) which requires academic
credits in educational theory and practice equal to the academic credits
in educational theory and practice required for a bachelor's degree in
education from an accredited institution of higher
education;
`(iii) any activity in or related to the field of education
notwithstanding that academic credits in educational theory and practice
are not a formal requirement for the conduct of such activity;
or
`(iv) support services at, or associated with, the site of the
school; or
`(B) are performed at the agency level of the Bureau and involve the
implementation of education-related programs other than the position for
agency superintendent for education.
`(2) EDUCATOR- The term `educator' means an individual whose services
are required, or who is employed, in an education position.
`(p) COVERED INDIVIDUALS; ELECTION- This section shall apply with respect
to any educator hired after November 1, 1979 (and to any educator who elected
for coverage under that provision after November 1, 1979) and to the position
in which such individual is employed. The enactment of this section shall not
affect the continued employment of an individual employed on October 31, 1979
in an education position, or such person's right to receive the compensation
attached to such position.
`SEC. 1133. COMPUTERIZED MANAGEMENT INFORMATION SYSTEM.
`(a) ESTABLISHMENT OF SYSTEM- Not later than July 1, 2001, the Secretary
shall establish within the Office, a computerized management information
system, which shall provide processing and information to the Office. The
information provided shall include information regarding--
`(5) community demographics;
`(6) student assessment information;
`(7) information on the administrative and program costs attributable to
each Bureau program, divided into discreet elements;
`(10) finance and payroll; and
`(11) such other items as the Secretary deems appropriate.
`(b) IMPLEMENTATION OF SYSTEM- Not later than July 1, 2002, the Secretary
shall complete implementation of such a system at each field office and Bureau
funded school.
`SEC. 1134. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
`The Secretary shall cause the various divisions of the Bureau to
formulate uniform procedures and practices with respect to such concerns of
those divisions as relate to education, and shall report such practices and
procedures to the Congress.
`SEC. 1135. RECRUITMENT OF INDIAN EDUCATORS.
`The Secretary shall institute a policy for the recruitment of qualified
Indian educators and a detailed plan to promote employees from within the
Bureau. Such plan shall include opportunities for acquiring work experience
prior to actual work assignment.
`SEC. 1136. BIENNIAL REPORT; AUDITS.
`(a) BIENNIAL REPORTS- The Secretary shall submit to each appropriate
committee of Congress, all Bureau funded schools, and the tribal governing
bodies of such schools, a detailed biennial report on the state of education
within the Bureau and any problems encountered in Indian education during the
2-year period covered by the report. Such report shall contain suggestions for
the improvement of the Bureau educational system and for increasing tribal or
local Indian control of such system. Such report shall also include the
current status of tribally controlled community colleges. The annual budget
submission for the Bureau's education programs shall include--
`(1) information on the funds provided to previously private schools
under section 208 of the Indian Self-Determination and Education Assistance
Act, and recommendations with respect to the future use of such funds;
`(2) the needs and costs of operations and maintenance of tribally
controlled community colleges eligible for assistance under the Tribally
Controlled Community College Assistance Act of 1978 and recommendations with
respect to meeting such needs and costs; and
`(3) the plans required by sections 1121 (g), 1122(c), and
1125(b).
`(b) FINANCIAL AND COMPLIANCE AUDITS- The Inspector General of the
Department of the Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau operated school at least
once in every 3 years. Audits of Bureau schools shall be based upon the extent
to which such school has complied with its local financial plan under section
1130.
`SEC. 1137. RIGHTS OF INDIAN STUDENTS.
`The Secretary shall prescribe such rules and regulations as are necessary
to ensure the constitutional and civil rights of Indian students attending
Bureau funded schools, including such students' right to privacy under the
laws of the United States, such students' right to freedom of religion and
expression, and such students' right to due process in connection with
disciplinary actions, suspensions, and expulsions.
`SEC. 1138. REGULATIONS.
`(a) IN GENERAL- The Secretary is authorized to issue only such
regulations as are necessary to ensure compliance with the specific provision
of this Act. The Secretary shall publish proposed regulations in the Federal
Register, shall provide a period of not less than 90 days for public comment
thereon, and shall place in parentheses after each regulatory section the
citation to any statutory provision providing authority to promulgate such
regulatory provision.
`(1) CONSTRUCTION- The provisions of this Act shall supersede any
conflicting provisions of law (including any conflicting regulations) in
effect on the day before the date of the enactment of this Act and the
Secretary is authorized to repeal any regulation inconsistent with the
provisions of this Act.
`(2) LEGAL AUTHORITY TO BE STATED- Regulations issued to implement this
Act shall contain, immediately following each substantive provision of such
regulations, citations to the particular section or sections of statutory
law or other legal authority upon which provision is based.
`SEC. 1138A. REGIONAL MEETINGS AND NEGOTIATED RULEMAKING.
`(1) IN GENERAL- The Secretary shall obtain tribal involvement in the
development of proposed regulations under this part and the Tribally
Controlled Schools Act of 1988. The Secretary shall obtain the advice of and
recommendations from representatives of Indian tribes with Bureau-funded
schools on their reservations, Indian tribes whose children attend Bureau
funded off-reservation boarding schools, school boards, administrators or
employees of Bureau-funded schools, and parents and teachers of students
enrolled in Bureau-funded schools.
`(2) ISSUES- The Secretary shall provide for a comprehensive discussion
and exchange of information concerning the implementation of this part and
the Tribally Controlled Schools Act of 1988 through such mechanisms as
regional meetings and electronic exchanges of information. The Secretary
shall take into account the information received through such mechanisms in
the development of proposed regulations and shall publish a summary of such
information in the Federal Register together with such proposed
regulations.
`(1) IN GENERAL- After obtaining the advice and recommendations
described in subsection (a)(1) and before publishing proposed regulations in
the Federal Register, the Secretary shall prepare draft regulations
implementing this part and the Tribally Controlled Schools Act of 1988 and
shall submit such regulations to a negotiated rulemaking process.
Participants in the negotiations process shall be chosen by the Secretary
from individuals nominated by the entities described in subsection (a)(1).
To the maximum extent possible, the Secretary shall ensure that the tribal
representative membership chosen pursuant to the preceding sentence reflects
the proportionate share of students from tribes served by the Bureau-funded
school system. The negotiation process shall be conducted in a timely manner
in order that the final regulations may issued by the Secretary no later
than 18 months after the enactment of this section.
`(2) NOTIFICATION TO CONGRESS- If draft regulations implementing this
part and the Tribally Controlled Schools Act of 1988 are not issued in final
form by the deadline provided in paragraph (1), the Secretary shall notify
the appropriate committees of Congress of which draft regulations were not
issued in final form by the deadline and the reason such final regulations
were not issued.
`(3) EXPANSION OF NEGOTIATED RULEMAKING- All regulations pertaining to
this part and the Tribally Controlled Schools Act of 1988 that are
promulgated after the date of the enactment of this subsection shall be
subject to a negotiated rulemaking (including the selection of the
regulations to be negotiated), unless the Secretary determines that applying
such a requirement with respect to given regulations is impracticable,
unnecessary, or contrary to the public interest (within the meaning of
section 553(b)(3)(B) of title 5), and publishes the basis for such
determination in the Federal Register at the same time as the proposed
regulations in question are first published. All published proposed
regulations shall conform to agreements resulting from such negotiated
rulemaking unless the Secretary reopens the negotiated rulemaking process or
provides a written explanation to the participants in that process why the
Secretary has decided to depart from such agreements. Such negotiated
rulemaking shall be conducted in accordance with the provisions of
subsection (a), and the Secretary shall ensure that a clear and reliable
record of agreements reached during the negotiation process is
maintained.
`(c) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory
Committee Act shall apply to activities carried out under this section.
`SEC. 1139. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
`(a) IN GENERAL- The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal organizations to fund early
childhood development programs that are operated by such tribes,
organizations, or consortia.
`(1) IN GENERAL- The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal organization, or
consortium of tribes or tribal organizations for each fiscal year shall be
equal to the amount which bears the same relationship to the total amount
appropriated under the authority of subsection (g) for such fiscal year
(less amounts provided under subsection (f)) as--
`(A) the total number of children under 6 years of age who are members
of--
`(ii) the tribe that authorized such tribal organization;
or
`(I) is a member of such consortium; or
`(II) authorizes any tribal organization that is a member of such
consortium; bears to
`(B) the total number of all children under 6 years of age who are
members of any tribe that--
`(i) is eligible to receive funds under subsection (a);
`(ii) is a member of a consortium that is eligible to receive such
funds; or
`(iii) authorizes a tribal organization that is eligible to receive
such funds.
`(2) LIMITATION- No grant may be provided under subsection (a)--
`(A) to any tribe that has less than 500 members;
`(B) to any tribal organization which is authorized--
`(i) by only one tribe that has less than 500 members;
or
`(ii) by one or more tribes that have a combined total membership of
less than 500 members; or
`(C) to any consortium composed of tribes, or tribal organizations
authorized by tribes, that have a combined total tribal membership of less
than 500 members.
`(1) IN GENERAL- A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal organizations
only if the tribe, organization, or consortia submits to the Secretary an
application for the grant at such time and in such form as the Secretary
shall prescribe.
`(2) CONTENTS- Applications submitted under paragraph (1) shall set
forth the early childhood development program that the applicant desires to
operate.
`(d) REQUIREMENT OF PROGRAMS FUNDED- The early childhood development
programs that are funded by grants provided under subsection (a)--
`(1) shall coordinate existing programs and may provide services that
meet identified needs of parents and children under 6 years of age which are
not being met by existing programs, including--
`(B) nutrition education;
`(C) health education and screening;
`(D) family literacy services;
`(E) educational testing; and
`(F) other educational services;
`(2) may include instruction in the language, art, and culture of the
tribe; and
`(3) shall provide for periodic assessment of the program.
`(e) COORDINATION OF FAMILY LITERACY PROGRAMS- Family literacy programs
operated under this section or other similar programs operated by the Bureau
shall coordinate with family literacy programs for Indian children under part
B of title I of the Elementary and Secondary Education Act of 1965 in order to
avoid duplication and to encourage the dissemination of information on quality
family literacy programs serving Indians.
`(f) ADMINISTRATIVE COSTS- The Secretary shall, out of funds appropriated
under subsection (g), include in the grants provided under subsection (a)
amounts for administrative costs incurred by the tribe, tribal organization,
or consortium of tribes in establishing and maintaining the early childhood
development program.
`(g) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out the
provisions of this section, there are authorized to be appropriated
$10,000,000 for fiscal year 2000 and such sums as may be necessary for each of
the fiscal years 2001, 2002, 2003, and 2004.
`SEC. 1140. TRIBAL DEPARTMENTS OR DIVISIONS OF EDUCATION.
`(a) IN GENERAL- Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to tribes for the
development and operation of tribal departments of education for the purpose
of planning and coordinating all educational programs of the tribe.
`(b) GRANTS- Grants provided under this section shall--
`(1) be based on applications from the governing body of the
tribe;
`(2) reflect factors such as geographic and population diversity;
`(3) facilitate tribal control in all matters relating to the education
of Indian children on Indian reservations (and on former Indian reservations
in Oklahoma);
`(4) provide for the development of coordinated educational programs on
Indian reservations (and on former Indian reservations in Oklahoma)
(including all preschool, elementary, secondary, and higher or vocational
educational programs funded by tribal, Federal, or other sources) by
encouraging tribal administrative support of all Bureau funded educational
programs as well as encouraging tribal cooperation and coordination with all
educational programs receiving financial support from State agencies, other
Federal agencies, or private entities;
`(5) provide for the development and enforcement of tribal educational
codes, including tribal educational policies and tribal standards applicable
to curriculum, personnel, students, facilities, and support programs;
and
`(6) otherwise comply with regulations for grants under section 103(a)
of the Indian Self-Determination and Educational Assistance Act that are in
effect on the date that application for such grants are made.
`(1) IN GENERAL- In making grants under this section, the Secretary
shall give priority to any application that--
`(A) includes assurances from the majority of Bureau funded schools
located within the boundaries of the reservation of the applicant that the
tribal department of education to be funded under this section will
provide coordinating services and technical assistance to all of such
schools, including the submission to each applicable agency of a unified
application for funding for all of such schools which provides
that--
`(i) no administrative costs other than those attributable to the
individual programs of such schools will be associated with the unified
application; and
`(ii) the distribution of all funds received under the unified
application will be equal to the amount of funds provided by the
applicable agency to which each of such schools is entitled under
law;
`(B) includes assurances from the tribal governing body that the
tribal department of education funded under this section will administer
all contracts or grants (except those covered by the other provisions of
this title and the Tribally Controlled Community College Assistance Act of
1978) for education programs administered by the tribe and will coordinate
all of the programs to the greatest extent possible;
`(C) includes assurances for the monitoring and auditing by or through
the tribal department of education of all education programs for which
funds are provided by contract or grant to ensure that the programs meet
the requirements of law; and
`(D) provides a plan and schedule for--
`(i) the assumption over the term of the grant by the tribal
department of education of all assets and functions of the Bureau agency
office associated with the tribe, insofar as those responsibilities
relate to education; and
`(ii) the termination by the Bureau of such operations and office at
the time of such assumption,
except that when mutually agreeable between the tribal governing body
and the Assistant Secretary, the period in which such assumption is to
occur may be modified, reduced, or extended after the initial year of the
grant.
`(2) TIME PERIOD OF GRANT- Subject to the availability of appropriated
funds, grants provided under this section shall be provided for a period of
3 years and the grant may, if performance by the grantee is satisfactory to
the Secretary, be renewed for additional 3-year terms.
`(d) TERMS, CONDITIONS, OR REQUIREMENTS- The Secretary shall not impose
any terms, conditions, or requirements on the provision of grants under this
section that are not specified in this section.
`(e) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out the
provisions of this section, there are authorized to be appropriated $2,000,000
for fiscal year 2000 and such sums as may be necessary for each of the fiscal
years 2001, 2002, 2003, and 2004.
`SEC. 1141. DEFINITIONS.
`For the purposes of this part, unless otherwise specified:
`(1) AGENCY SCHOOL BOARD- The term `agency school board' means a body,
the members of which are appointed by all of the school boards of the
schools located within an agency, including schools operated under contract
or grant, and the number of such members shall be determined by the
Secretary in consultation with the affected tribes, except that, in agencies
serving a single school, the school board of such school shall fulfill these
duties, and in agencies having schools or a school operated under contract
or grant, one such member at least shall be from such a school.
`(2) BUREAU- The term `Bureau' means the Bureau of Indian Affairs of the
Department of the Interior.
`(3) BUREAU FUNDED SCHOOL- The term `Bureau funded school' means--
`(B) a contract or grant school; or
`(C) a school for which assistance is provided under the Tribally
Controlled Schools Act of 1988.
`(4) BUREAU SCHOOL- The term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau operated
dormitory for students attending a school other than a Bureau school.
`(5) CONTRACT OR GRANT SCHOOL- The term `contract or grant school' means
an elementary or secondary school or dormitory which receives financial
assistance for its operation under a contract, grant or agreement with the
Bureau under section 102, 103(a), or 208 of the Indian Self-Determination
and Education Assistance Act, or under the Tribally Controlled Schools Act
of 1988.
`(6) EDUCATION LINE OFFICER- The term `education line officer' means
education personnel under the supervision of the Director, whether located
in the central, area, or agency offices.
`(7) FINANCIAL PLAN- The term `financial plan' means a plan of services
provided by each Bureau school.
`(8) INDIAN ORGANIZATION- the term `Indian organization' means any
group, association, partnership, corporation, or other legal entity owned or
controlled by a federally recognized Indian tribe or tribes, or a majority
of whose members are members of federally recognized tribes.
`(9) LOCAL EDUCATIONAL AGENCY- The term `local educational agency' means
a board of education or other legally constituted local school authority
having administrative control and direction of free public education in a
county, township, independent, or other school district located within a
State, and includes any State agency which directly operates and maintains
facilities for providing free public education.
`(10) LOCAL SCHOOL BOARD- The term `local school board', when used with
respect to a Bureau school, means a body chosen in accordance with the laws
of the tribe to be served or, in the absence of such laws, elected by the
parents of the Indian children attending the school, except that in schools
serving a substantial number of students from different tribes, the members
shall be appointed by the governing bodies of the tribes affected, and the
number of such members shall be determined by the Secretary in consultation
with the affected tribes.
`(11) OFFICE- The term `Office' means the Office of Indian Education
Programs within the Bureau.
`(12) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
`(13) SUPERVISOR- The term `supervisor' means the individual in the
position of ultimate authority at a Bureau school.
`(14) TRIBAL GOVERNING BODY- The term `tribal governing body' means,
with respect to any school, the tribal governing body, or tribal governing
bodies, that represent at least 90 percent of the students served by such
school.
`(15) TRIBE- The term `tribe' means any Indian tribe, band, nation, or
other organized group or community, including any Alaska Native village or
regional or village corporation as defined in or established pursuant to the
Alaska Native Claims Settlement Act, which is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.'.
Subtitle C--Tribally Controlled Schools Act of 1988
SEC. 420. TRIBALLY CONTROLLED SCHOOLS.
Sections 5202 through 5212 of Public Law 100-297 (25 U.S.C. 2501 et seq.)
are amended to read as follows:
`SEC. 5202. FINDINGS.
`Congress, after careful review of the Federal Government's historical and
special legal relationship with, and resulting responsibilities to, Indians,
finds that--
`(1) the Indian Self-Determination and Education Assistance Act, which
was a product of the legitimate aspirations and a recognition of the
inherent authority of Indian nations, was and is a crucial positive step
towards tribal and community control;
`(2) the Bureau of Indian Affairs' administration and domination of the
contracting process under such Act has not provided the full opportunity to
develop leadership skills crucial to the realization of self-government and
has denied Indians an effective voice in the planning and implementation of
programs for the benefit of Indians which are responsive to the true needs
of Indian communities;
`(3) Indians will never surrender their desire to control their
relationships both among themselves and with non-Indian governments,
organizations, and persons;
`(4) true self-determination in any society of people is dependent upon
an educational process which will ensure the development of qualified people
to fulfill meaningful leadership roles;
`(5) the Federal administration of education for Indian children has not
effected the desired level of educational achievement or created the diverse
opportunities and personal satisfaction that education can and should
provide;
`(6) true local control requires the least possible Federal
interference; and
`(7) the time has come to enhance the concepts made manifest in the
Indian Self-Determination and Education Assistance Act.
`SEC. 5203. DECLARATION OF POLICY.
`(a) RECOGNITION- Congress recognizes the obligation of the United States
to respond to the strong expression of the Indian people for
self-determination by assuring maximum Indian participation in the direction
of educational services so as to render such services more responsive to the
needs and desires of those communities.
`(b) COMMITMENT- Congress declares its commitment to the maintenance of
the Federal Government's unique and continuing trust relationship with and
responsibility to the Indian people through the establishment of a meaningful
Indian self-determination policy for education which will deter further
perpetuation of Federal bureaucratic domination of programs.
`(c) NATIONAL GOAL- Congress declares that a major national goal of the
United States is to provide the resources, processes, and structure which will
enable tribes and local communities to effect the quantity and quality of
educational services and opportunities which will permit Indian children to
compete and excel in the life areas of their choice and to achieve the measure
of self-determination essential to their social and economic well-being.
`(d) EDUCATIONAL NEEDS- Congress affirms the reality of the special and
unique educational needs of Indian peoples, including the need for programs to
meet the linguistic and cultural aspirations of Indian tribes and communities.
These may best be met through a grant process.
`(e) FEDERAL RELATIONS- Congress declares its commitment to these policies
and its support, to the full extent of its responsibility, for Federal
relations with the Indian Nations.
`(f) TERMINATION- Congress hereby repudiates and rejects House Resolution
108 of the 83d Congress and any policy of unilateral termination of Federal
relations with any Indian Nation.
`SEC. 5204. GRANTS AUTHORIZED.
`(1) ELIGIBILITY- The Secretary shall provide grants to Indian tribes,
and tribal organizations that--
`(A) operate contract schools under title XI of the Education
Amendments of 1978 and notify the Secretary of their election to operate
the schools with assistance under this part rather than continuing as
contract school;
`(B) operate other tribally controlled schools eligible for assistance
under this part and submit applications (which are approved by their
tribal governing bodies) to the Secretary for such grants; or
`(C) elect to assume operation of Bureau funded schools with the
assistance under this part and submit applications (which are approved by
their tribal governing bodies) to the Secretary for such grants.
`(2) DEPOSIT OF FUNDS- Grants provided under this part shall be
deposited into the general operating fund of the tribally controlled school
with respect to which the grant is made.
`(3) USE OF FUNDS- (A) Except as otherwise provided in this paragraph,
grants provided under this part shall be used to defray, at the discretion
of the school board of the tribally controlled school with respect to which
the grant is provided, any expenditures for education related activities for
which any funds that compose the grant may be used under the laws described
in section 5205(a), including, but not limited to, expenditures for--
`(i) school operations, academic, educational, residential, guidance
and counseling, and administrative purposes; and
`(ii) support services for the school, including
transportation.
`(B) Grants provided under this part may, at the discretion of the
school board of the tribally controlled school with respect to which such
grant is provided, be used to defray operations and maintenance expenditures
for the school if any funds for the operation and maintenance of the school
are allocated to the school under the provisions of any of the laws
described in section 5205(a).
`(1) ONE GRANT PER TRIBE OR ORGANIZATION PER FISCAL YEAR- Not more than
one grant may be provided under this part with respect to any Indian tribe
or tribal organization for any fiscal year.
`(2) NONSECTARIAN USE- Funds provided under any grant made under this
part may not be used in connection with religious worship or sectarian
instruction.
`(3) ADMINISTRATIVE COSTS LIMITATION- Funds provided under any grant
under this part may not be expended for administrative costs (as defined in
section 1128(h)(1) of the Education Amendments of 1978) in excess of the
amount generated for such costs under section 1128 of such Act.
`(c) LIMITATION ON TRANSFER OF FUNDS AMONG SCHOOLSITES-
`(1) IN GENERAL- In the case of a grantee that operates schools at more
than one schoolsite, the grantee may expend not more than the lesser
of--
`(A) 10 percent of the funds allocated for such schoolsite under
section 1128 of the Education Amendments of 1978; or
`(B) $400,000 of such funds, at any other schoolsite.
`(2) DEFINITION OF SCHOOLSITE- For purposes of this subsection, the term
`schoolsite' means the physical location and the facilities of an elementary
or secondary educational or residential program operated by, or under
contract or grant with, the Bureau for which a discreet student count is
identified under the funding formula established under section 1127 of the
Education Amendments of 1978.
`(d) NO REQUIREMENT TO ACCEPT GRANTS- Nothing in this part may be
construed--
`(1) to require a tribe or tribal organization to apply for or accept;
or
`(2) to allow any person to coerce any tribe or tribal organization to
apply for, or accept,
a grant under this part to plan, conduct, and administer all of, or any
portion of, any Bureau program. Such applications and the timing of such
applications shall be strictly voluntary. Nothing in this part may be
construed as allowing or requiring any grant with any entity other than the
entity to which the grant is provided.
`(e) NO EFFECT ON FEDERAL RESPONSIBILITY- Grants provided under this part
shall not terminate, modify, suspend, or reduce the responsibility of the
Federal Government to provide a program.
`(1) IN GENERAL- Whenever a tribal governing body requests retrocession
of any program for which assistance is provided under this part, such
retrocession shall become effective upon a date specified by the Secretary
that is not later than 120 days after the date on which the tribal governing
body requests the retrocession. A later date as may be specified if mutually
agreed upon by the Secretary and the tribal governing body. If such a
program is retroceded, the Secretary shall provide to any Indian tribe
served by such program at least the same quantity and quality of services
that would have been provided under such program at the level of funding
provided under this part prior to the retrocession.
`(2) STATUS AFTER RETROCESSION- The tribe requesting retrocession shall
specify whether the retrocession is to status as a Bureau operated school or
as a school operated under contract under title XI of the Education
Amendments of 1978.
`(3) TRANSFER OF EQUIPMENT AND MATERIALS- Except as otherwise determined
by the Secretary, the tribe or tribal organization operating the program to
be retroceded must transfer to the Secretary (or to the tribe or tribal
organization which will operate the program as a contract school) the
existing equipment and materials which were acquired--
`(A) with assistance under this part; or
`(B) upon assumption of operation of the program under this part if
the school was a Bureau funded school under title XI of the Education
Amendments of 1978 before receiving assistance under this part.
`(g) PROHIBITION OF TERMINATION FOR ADMINISTRATIVE CONVENIENCE- Grants
provided under this part may not be terminated, modified, suspended, or
reduced solely for the convenience of the administering agency.
`SEC. 5205. COMPOSITION OF GRANTS.
`(a) IN GENERAL- The grant provided under this part to an Indian tribe or
tribal organization for any fiscal year shall consist of--
`(1) the total amount of funds allocated for such fiscal year under
sections 1127 and 1128 of the Education Amendments of 1978 with respect to
the tribally controlled schools eligible for assistance under this part
which are operated by such Indian tribe or tribal organization, including,
but not limited to, funds provided under such sections, or under any other
provision of law, for transportation costs;
`(2) to the extent requested by such Indian tribe or tribal
organization, the total amount of funds provided from operations and
maintenance accounts and, notwithstanding section 105 of the Indian
Self-Determination Act, or any other provision of law, other facilities
accounts for such schools for such fiscal year (including but not limited to
those referenced under section 1126(d) of the Education Amendments of 1978
or any other law); and
`(3) the total amount of funds that are allocated to such schools for
such fiscal year under--
`(A) title I of the Elementary and Secondary Education Act of
1965;
`(B) the Individuals with Disabilities Education Act; and
`(C) any other Federal education law, that are allocated to such
schools for such fiscal year.
`(1) IN GENERAL- (A) Funds allocated to a tribally controlled school by
reason of paragraph (1) or (2) of subsection (a) shall be subject to the
provisions of this part and shall not be subject to any additional
restriction, priority, or limitation that is imposed by the Bureau with
respect to funds provided under--
`(i) title I of the Elementary and Secondary Education Act of
1965;
`(ii) the Individuals with Disabilities Education Act; or
`(iii) any Federal education law other than title XI of the Education
Amendments of 1978.
`(B) Indian tribes and tribal organizations to which grants are provided
under this part, and tribally controlled schools for which such grants are
provided, shall not be subject to any requirements, obligations,
restrictions, or limitations imposed by the Bureau that would otherwise
apply solely by reason of the receipt of funds provided under any law
referred to in clause (i), (ii), or (iii) of subparagraph (A).
`(2) SCHOOLS CONSIDERED CONTRACT SCHOOLS- Tribally controlled schools
for which grants are provided under this part shall be treated as contract
schools for the purposes of allocation of funds under sections 1126(d),
1127, and 1128 of the Education Amendments of 1978.
`(3) SCHOOLS CONSIDERED BUREAU SCHOOLS- Tribally controlled schools for
which grants are provided under this chapter shall be treated as Bureau
schools for the purposes of allocation of funds provided under--
`(A) title I of the Elementary and Secondary Education Act of
1965;
`(B) the Individuals with Disabilities Education Act; and
`(C) any other Federal education law, that are distributed through the
Bureau.
`(4) ACCOUNTS; USE OF CERTAIN FUNDS- (A) Notwithstanding section
5204(a)(2), with respect to funds from facilities improvement and repair,
alteration and renovation (major or minor), health and safety, or new
construction accounts included in the grant under section 5204(a), the
grantee shall maintain a separate account for such funds. At the end of the
period designated for the work covered by the funds received, the grantee
shall submit to the Secretary a separate accounting of the work done and the
funds expended to the Secretary. Funds received from these accounts may only
be used for the purpose for which they were appropriated and for the work
encompassed by the application or submission under which they were
received.
`(B) Notwithstanding subparagraph (A), a school receiving a grant under
this part for facilities improvement and repair may use such grant funds for
new construction if the tribal government or other organization provides
funding for the new construction equal to at least 25 percent of the total
cost of such new construction.
`(C) Where the appropriations measure or the application submission does
not stipulate a period for the work covered by the funds so designated, the
Secretary and the grantee shall consult and determine such a period prior to
the transfer of the funds. A period so determined may be extended upon
mutual agreement of the Secretary and the grantee.
`(5) ENFORCEMENT OF REQUEST TO INCLUDE FUNDS- If the Secretary fails to
carry out a request made under subsection (a)(2) within 180 days of a
request filed by an Indian tribe or tribal organization to include in such
tribe or organization's grant the funds described in subsection (a)(2), the
Secretary shall be deemed to have approved such request and the Secretary
shall immediately amend the grant accordingly. Such tribe or organization
may enforce its rights under subsection (a)(2) and this paragraph, including
any denial or failure to act on such tribe or organization's request,
pursuant to the disputes authority described in section 5209(e).
`SEC. 5206. ELIGIBILITY FOR GRANTS.
`(1) IN GENERAL- A tribally controlled school is eligible for assistance
under this part if the school--
`(A) on April 28, 1988, was a contract school under title XI of the
Education Amendments of 1978 and the tribe or tribal organization
operating the school submits to the Secretary a written notice of election
to receive a grant under this part;
`(B) was a Bureau operated school under title XI of the Education
Amendments of 1978 and has met the requirements of subsection
(b);
`(C) is a school for which the Bureau has not provided funds, but
which has met the requirements of subsection (c); or
`(D) is a school with respect to which an election has been made under
paragraph (2) and which has met the requirements of subsection
(b).
`(2) NEW SCHOOLS- Any application which has been submitted under the
Indian Self-Determination and Education Assistance Act by an Indian tribe
for a school which is not in operation on the date of the enactment of the
Student Results Act of 1999 shall be reviewed under the guidelines and
regulations for applications submitted under the Indian Self-Determination
and Education Assistance Act that were in effect at the time the application
was submitted, unless the Indian tribe or tribal organization elects to have
the application reviewed under the provisions of subsection (b).
`(b) ADDITIONAL REQUIREMENTS FOR BUREAU FUNDED SCHOOLS AND CERTAIN
ELECTING SCHOOLS-
`(1) BUREAU FUNDED SCHOOLS- A school that was a Bureau funded school
under title XI of the Education Amendments of 1978 on the date of the
enactment of the Student Results Act of 1999, and any school with respect to
which an election is made under subsection (a)(2), meets the requirements of
this subsection if--
`(A) the Indian tribe or tribal organization that operates, or desires
to operate, the school submits to the Secretary an application requesting
that the Secretary--
`(i) transfer operation of the school to the Indian tribe or tribal
organization, if the Indian tribe or tribal organization is not already
operating the school; and
`(ii) make a determination as to whether the school is eligible for
assistance under this part; and
`(B) the Secretary makes a determination that the school is eligible
for assistance under this part.
`(2) CERTAIN ELECTING SCHOOLS- (A) By not later than the date that is
120 days after the date on which an application is submitted to the
Secretary under paragraph (1)(A), the Secretary shall determine--
`(i) in the case of a school which is not being operated by the Indian
tribe or tribal organization, whether to transfer operation of the school
to the Indian tribe or tribal organization; and
`(ii) whether the school is eligible for assistance under this
part.
`(B) In considering applications submitted under paragraph (1)(A), the
Secretary--
`(i) shall transfer operation of the school to the Indian tribe or
tribal organization, if the tribe or tribal organization is not already
operating the school; and
`(ii) shall determine that the school is eligible for assistance under
this part, unless the Secretary finds by clear and convincing evidence
that the services to be provided by the Indian tribe or tribal
organization will be deleterious to the welfare of the Indians served by
the school.
`(C) In considering applications submitted under paragraph (1)(A), the
Secretary shall consider whether the Indian tribe or tribal organization
would be deficient in operating the school with respect to--
`(ii) bookkeeping and accounting procedures;
`(iii) ability to adequately manage a school; or
`(iv) adequately trained personnel.
`(c) ADDITIONAL REQUIREMENTS FOR A SCHOOL WHICH IS NOT A BUREAU FUNDED
SCHOOL-
`(1) IN GENERAL- A school which is not a Bureau funded school under
title XI of the Education Amendments of 1978 meets the requirements of this
subsection if--
`(A) the Indian tribe or tribal organization that operates, or desires
to operate, the school submits to the Secretary an application requesting
a determination by the Secretary as to whether the school is eligible for
assistance under this part; and
`(B) the Secretary makes a determination that a school is eligible for
assistance under this part.
`(2) DEADLINE FOR DETERMINATION BY SECRETARY- (A) By not later than the
date that is 180 days after the date on which an application is submitted to
the Secretary under paragraph (1)(A), the Secretary shall determine whether
the school is eligible for assistance under this part.
`(B) In making the determination under subparagraph (A), the Secretary
shall give equal consideration to each of the following factors:
`(i) with respect to the applicant's proposal--
`(I) the adequacy of facilities or the potential to obtain or
provide adequate facilities;
`(II) geographic and demographic factors in the affected
areas;
`(III) adequacy of the applicant's program plans;
`(IV) geographic proximity of comparable public education;
and
`(V) the needs as expressed by all affected parties, including but
not limited to students, families, tribal governments at both the
central and local levels, and school organizations; and
`(ii) with respect to all education services already
available--
`(I) geographic and demographic factors in the affected
areas;
`(II) adequacy and comparability of programs already
available;
`(III) consistency of available programs with tribal education codes
or tribal legislation on education; and
`(IV) the history and success of these services for the proposed
population to be served, as determined from all factors including, if
relevant, standardized examination performance.
`(C) The Secretary may not make a determination under this paragraph
that is primarily based upon the geographic proximity of comparable
public education.
`(D) Applications submitted under paragraph (1)(A) shall include
information on the factors described in subparagraph (B)(i), but the
applicant may also provide the Secretary such information relative to
the factors described in subparagraph (B)(ii) as the applicant considers
appropriate.
`(E) If the Secretary fails to make a determination under
subparagraph (A) with respect to an application within 180 days after
the date on which the Secretary received the application, the Secretary
shall be treated as having made a determination that the tribally
controlled school is eligible for assistance under the title and the
grant shall become effective 18 months after the date on which the
Secretary received the application, or on an earlier date, at the
Secretary's discretion.
`(d) FILING OF APPLICATIONS AND REPORTS-
`(1) IN GENERAL- All applications and reports submitted to the Secretary
under this part, and any amendments to such applications or reports, shall
be filed with the education line officer designated by the Director of the
Office of Indian Education Programs of the Bureau of Indian Affairs. The
date on which such filing occurs shall, for purposes of this part, be
treated as the date on which the application or amendment was submitted to
the Secretary.
`(2) SUPPORTING DOCUMENTATION- Any application that is submitted under
this chapter shall be accompanied by a document indicating the action taken
by the tribal governing body in authorizing such application.
`(e) EFFECTIVE DATE FOR APPROVED APPLICATIONS- Except as provided by
subsection (c)(2)(E), a grant provided under this part, and any transfer of
the operation of a Bureau school made under subsection (b), shall become
effective beginning the academic year succeeding the fiscal year in which the
application for the grant or transfer is made, or at an earlier date
determined by the Secretary.
`(f) DENIAL OF APPLICATIONS-
`(1) IN GENERAL- Whenever the Secretary refuses to approve a grant under
this chapter, to transfer operation of a Bureau school under subsection (b),
or determines that a school is not eligible for assistance under this part,
the Secretary shall--
`(A) state the objections in writing to the tribe or tribal
organization within the allotted time;
`(B) provide assistance to the tribe or tribal organization to
overcome all stated objections.
`(C) at the request of the tribe or tribal organization, provide the
tribe or tribal organization a hearing on the record under the same rules
and regulations that apply under the Indian Self-Determination and
Education Assistance Act; and
`(D) provide an opportunity to appeal the objection raised.
`(2) TIMELINE FOR RECONSIDERATION OF AMENDED APPLICATIONS- The Secretary
shall reconsider any amended application submitted under this part within 60
days after the amended application is submitted to the Secretary.
`(g) REPORT- The Bureau shall submit an annual report to the Congress on
all applications received, and actions taken (including the costs associated
with such actions), under this section at the same time that the President is
required to submit to Congress the budget under section 1105 of title 31,
United States Code.
`SEC. 5207. DURATION OF ELIGIBILITY DETERMINATION.
`(a) IN GENERAL- If the Secretary determines that a tribally controlled
school is eligible for assistance under this part, the eligibility
determination shall remain in effect until the determination is revoked by the
Secretary, and the requirements of subsection (b) or (c) of section 5206, if
applicable, shall be considered to have been met with respect to such school
until the eligibility determination is revoked by the Secretary.
`(1) IN GENERAL- Each recipient of a grant provided under this part
shall complete an annual report which shall be limited to--
`(A) an annual financial statement reporting revenue and expenditures
as defined by the cost accounting established by the grantee;
`(B) an annual financial audit conducted pursuant to the standards of
the Single Audit Act of 1984;
`(C) an annual submission to the Secretary of the number of students
served and a brief description of programs offered under the grant;
and
`(D) a program evaluation conducted by an impartial evaluation review
team, to be based on the standards established for purposes of subsection
(c)(1)(A)(ii).
`(2) EVALUATION REVIEW TEAMS- Where appropriate, other tribally
controlled schools and representatives of tribally controlled community
colleges shall make up members of the evaluation review teams.
`(3) EVALUATIONS- In the case of a school which is accredited,
evaluations will be conducted at intervals under the terms of
accreditation.
`(4) SUBMISSION OF REPORT-
`(A) TO TRIBALLY GOVERNING BODY- Upon completion of the report
required under paragraph (a), the recipient of the grant shall send (via
first class mail, return receipt requested) a copy of such annual report
to the tribal governing body (as defined in section 1132(f) of the
Education Amendments of 1978) of the tribally controlled school.
`(B) TO SECRETARY- Not later than 30 days after receiving written
confirmation that the tribal governing body has received the report send
pursuant to subsection (A), the recipient of the grant shall send a copy
of the report to the Secretary.
`(c) REVOCATION OF ELIGIBILITY-
`(1) IN GENERAL- (A) The Secretary shall not revoke a determination that
a school is eligible for assistance under this part if--
`(i) the Indian tribe or tribal organization submits the reports
required under subsection (b) with respect to the school; and
`(ii) at least one of the following subclauses applies with respect to
the school:
`(I) The school is certified or accredited by a State or regional
accrediting association or is a candidate in good standing for such
accreditation under the rules of the State or regional accrediting
association, showing that credits achieved by the students within the
education programs are, or will be, accepted at grade level by a State
certified or regionally accredited institution.
`(II) A determination made by the Secretary that there is a
reasonable expectation that the accreditation described in subclause
(I), or the candidacy in good standing for such accreditation, will be
reached by the school within 3 years and that the program offered by the
school is beneficial to the Indian students.
`(III) The school is accredited by a tribal department of education
if such accreditation is accepted by a generally recognized regional or
State accreditation agency.
`(IV) The schools accept the standards promulgated under section
1121 of the Education Amendments of 1978 and an evaluation of
performance is conducted under this section in conformance with the
regulations pertaining to Bureau operated schools by an impartial
evaluator chosen by the grantee, but no grantee shall be required to
comply with these standards to a higher degree than a comparable Bureau
operated school.
`(V) A positive evaluation of the school is conducted by an
impartial evaluator agreed upon by the Secretary and the grantee every 2
years under standards adopted by the contractor under a contract for a
school entered into under the Indian Self-Determination and Education
Assistance Act (or revisions of such standards agreed to by the
Secretary and the grantee) prior to the date of the enactment of this
Act. If the Secretary and the grantee other than the tribal governing
body fail to agree on such an evaluator, the tribal governing body shall
choose the evaluator or perform the evaluation. If the Secretary and a
grantee which is the tribal governing body fail to agree on such an
evaluator, this subclause shall not apply.
`(B) The choice of standards employed for the purpose of subparagraph
(A)(ii) shall be consistent with section 1121(e) of the Education Amendments
of 1978.
`(2) NOTICE REQUIREMENTS FOR REVOCATION- The Secretary shall not revoke
a determination that a school is eligible for assistance under this part, or
reassume control of a school that was a Bureau school prior to approval of
an application submitted under section 5206(b)(1)(A) until the
Secretary--
`(A) provides notice to the tribally controlled school and the tribal
governing body (within the meaning of section 1141(14) of the Education
Amendments of 1978) of the tribally controlled school which
states--
`(i) the specific deficiencies that led to the revocation or
resumption determination; and
`(ii) the actions that are needed to remedy such deficiencies;
and
`(B) affords such authority an opportunity to effect the remedial
actions.
`(3) TECHNICAL ASSISTANCE- The Secretary shall provide such technical
assistance as is practicable to effect such remedial actions. Such notice
and technical assistance shall be in addition to a hearing and appeal to be
conducted pursuant to the regulations described in section
5206(f)(1)(C).
`(d) APPLICABILITY OF SECTION PURSUANT TO ELECTION UNDER SECTION 5209(b)-
With respect to a tribally controlled school which receives assistance under
this part pursuant to an election made under section 5209(b)--
`(1) subsection (b) of this section shall apply; and
`(2) the Secretary may not revoke eligibility for assistance under this
part except in conformance with subsection (c) of this section.
`SEC. 5208. PAYMENT OF GRANTS; INVESTMENT OF FUNDS.
`(1) IN GENERAL- Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in two payments,
of which--
`(A) the first payment shall be made not later than July 15 of each
year in an amount equal to 85 percent of the amount which the grantee was
entitled to receive during the preceding academic year; and
`(B) the second payment, consisting of the remainder to which the
grantee is entitled for the academic year, shall be made not later than
December 1 of each year.
`(2) NEWLY FUNDED SCHOOLS- For any school for which no payment under
this part was made from Bureau funds in the preceding academic year, full
payment of the amount computed for the first academic year of eligibility
under this part shall be made not later than December 1 of the academic
year.
`(3) LATE FUNDING- With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for which such
funds are appropriated, the Secretary shall make payments to grantees not
later than December 1 of the fiscal year.
`(4) APPLICABILITY OF CERTAIN TITLE 31 PROVISIONS- The provisions of
chapter 39 of Title 31, United States Code, shall apply to the payments
required to be made by paragraphs (1), (2), and (3).
`(5) RESTRICTIONS- Paragraphs (1), (2), and (3) shall be subject to any
restriction on amounts of payments under this part that are imposed by a
continuing resolution or other Act appropriating the funds involved.
`(b) INVESTMENT OF FUNDS-
`(1) TREATMENT OF INTEREST AND INVESTMENT INCOME- Notwithstanding any
other provision of law, any interest or investment income that accrues to
any funds provided under this part after such funds are paid to the Indian
tribe or tribal organization and before such funds are expended for the
purpose for which such funds were provided under this part shall be the
property of the Indian tribe or tribal organization and shall not be taken
into account by any officer or employee of the Federal Government in
determining whether to provide assistance, or the amount of assistance,
under any provision of Federal law. Such interest income shall be spent on
behalf of the school.
`(2) PERMISSIBLE INVESTMENTS- Funds provided under this part may be
invested by the Indian tribe or tribal organization before such funds are
expended for the purposes of this part so long as such funds are--
`(A) invested by the Indian tribe or tribal organization only in
obligations of the United States, or in obligations or securities that are
guaranteed or insured by the United States, or mutual (or other) funds
registered with the Securities and Exchange Commission and which only
invest in obligations of the United States, or securities that are
guaranteed or insured by the United States; or
`(B) deposited only into accounts that are insure by and agency or
instrumentality of the United States, or are fully collateralized to
ensure protection of the funds, even in the event of a bank
failure.
`(c) RECOVERIES- For the purposes of underrecovery and overrecovery
determinations by any Federal agency for any other funds, from whatever source
derived, funds received under this part shall not be taken into
consideration.
`SEC. 5209. APPLICATION WITH RESPECT TO INDIAN SELF-DETERMINATION AND
EDUCATION ASSISTANCE ACT.
`(a) CERTAIN PROVISIONS TO APPLY TO GRANTS- The following provisions of
the Indian Self-Determination and Education Assistance Act (and any subsequent
revisions thereto or renumbering thereof), shall apply to grants provided
under this part:
`(1) Section 5(f) (relating to single agency audit).
`(2) Section 6 (relating to criminal activities; penalties).
`(3) Section 7 (relating to wage and labor standards).
`(4) Section 104 (relating to retention of Federal employee
coverage).
`(5) Section 105(f) (relating to Federal property).
`(6) Section 105(k) (relating to access to Federal sources of
supply).
`(7) Section 105(l) (relating to lease of facility used for
administration and delivery of services).
`(8) Section 106(e) (relating to limitation on remedies relating to cost
allowances).
`(9) Section 106(i) (relating to use of funds for matching or cost
participation requirements).
`(10) Section 106(j) (relating to allowable uses of funds).
`(11) Section 108(c) (Model Agreements provisions (1)(a)(5) (relating to
limitations of costs), (1)(a)(7) (relating to records and monitoring),
(1)(a)(8) (relating to property), and (a)(1)(9) (relating to availability of
funds).
`(12) Section 109 (relating to reassumption).
`(13) Section 111 (relating to sovereign immunity and trusteeship rights
unaffected).
`(b) ELECTION FOR GRANT IN LIEU OF CONTRACT-
`(1) IN GENERAL- Contractors for activities to which this part applies
who have entered into a contract under the Indian Self-Determination and
Education Assistance Act that is in effect upon the date of the enactment of
the Student Results Act of 1999 may, by giving notice to the Secretary,
elect to have the provisions of this part apply to such activity in lieu of
such contract.
`(2) EFFECTIVE DATE OF ELECTION- Any election made under paragraph (1)
shall take effect on the later of--
`(A) October 1 of the fiscal year succeeding the fiscal year in which
such election is made; or
`(B) 60 days after the date of such election.
`(3) EXCEPTION- In any case in which the 60-day period referred to in
paragraph (2)(B) is less than 60 days before the beginning of the succeeding
fiscal year, such election shall not take effect until the fiscal year after
the fiscal year succeeding the election.
`(c) NO DUPLICATION- No funds may be provided under any contract entered
into under the Indian Self-Determination and Education Assistance Act to pay
any expenses incurred in providing any program or services if a grant has been
made under this part to pay such expenses.
`(d) TRANSFERS AND CARRYOVERS-
`(1) BUILDINGS, EQUIPMENT, SUPPLIES, MATERIALS- A tribe or tribal
organization assuming the operation of--
`(A) a Bureau school with assistance under this part shall be entitled
to the transfer or use of buildings, equipment, supplies, and materials to
the same extent as if it were contracting under the Indian
Self-Determination and Education Assistance Act; or
`(B) a contract school with assistance under this part shall be
entitled to the transfer or use of buildings, equipment, supplies and
materials that were used in the operation of the contract school to the
same extent as if it were contracting under the Indian Self-Determination
and Education Assistance Act.
`(2) FUNDS- Any tribe or tribal organization which assumes operation of
a Bureau school with assistance under this part and any tribe or tribal
organization which elects to operate a school with assistance under this
part rather that to continue as a contract school shall be entitled to any
funds which would carryover from the previous fiscal year as if such school
were operated as a contract school.
`(e) EXCEPTIONS, PROBLEMS, AND DISPUTES- Any exception or problem cited in
an audit conducted pursuant to section 5207(b)(2), any dispute regarding a
grant authorized to be made pursuant to this part or any amendment to such
grant, and any dispute involving an administrative cost grant under section
1128 of the Education Amendments of 1978 shall be administered under the
provisions governing such exceptions, problems, or disputes in the case of
contracts under the Indian Self-Determination and Education Assistance Act of
1975. The Equal Access to Justice Act shall apply to administrative appeals
filed after September 8, 1988, by grantees regarding a grant under this part,
including an administrative cost grant.
`SEC. 5210. ROLE OF THE DIRECTOR.
`Applications for grants under this part, and all application
modifications, shall be reviewed and approved by personnel under the direction
and control of the Director of the Office of Indian Education Programs.
Required reports shall be submitted to education personnel under the direction
and control of the Director of such Office.
`SEC. 5211. REGULATIONS.
`The Secretary is authorized to issue regulations relating to the
discharge of duties specifically assigned to the Secretary by this part. In
all other matters relating to the details of planning, development,
implementing, and evaluating grants under this part, the Secretary shall not
issue regulations. Regulations issued pursuant to this part shall not have the
standing of a Federal statute for the purposes of judicial review.
`SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT PROGRAM.
`(1) Each school receiving grants under this part may establish, at a
Federally insured banking and savings institution, a trust fund for the
purposes of this section.
`(2) The school may provide--
`(A) for the deposit into the trust fund, only funds from non-Federal
sources, except that the interest on funds received from grants under this
part may be used for this purpose;
`(B) for the deposit in the account of any earnings on funds deposited
in the account; and
`(C) for the sole use of the school any noncash, in-kind contributions
of real or personal property, such property may at any time be converted
to cash.
`(b) INTEREST- Interest from the fund established under subsection (a) may
periodically be withdrawn and used, at the discretion of the school, to defray
any expenses associated with the operation of the school.
`SEC. 5213. DEFINITIONS.
`For the purposes of this part:
`(1) BUREAU- The term `Bureau' means the Bureau of Indian Affairs of the
Department of the Interior.
`(2) ELIGIBLE INDIAN STUDENT- The term `eligible Indian student' has the
meaning of such term in section 1127(f) of the Education Amendments of
1978.
`(3) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including Alaska Native
Village or regional corporations (as defined in or established pursuant to
the Alaskan Native Claims Settlement Act, which is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
`(4) LOCAL EDUCATIONAL AGENCY- The term a `local educational agency'
means a public board of education or other public authority legally
constituted within a State for either administrative control or direction
of, or to perform a service function for, public elementary or secondary
schools in a city, county, township, school district, or other political
subdivision of a State or such combination of school districts or counties
as are recognized in a State as an administrative agency for its public
elementary or secondary schools. Such term includes any other public
institution or agency having administrative control and direction of a
public elementary or secondary school.
`(5) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
`(6) TRIBAL ORGANIZATION- (A) The term `tribal organization'
means--
`(i) the recognized governing body of any Indian tribe; or
`(ii) any legally established organization of Indians which--
`(I) is controlled, sanctioned, or chartered by such governing body
or is democratically elected by the adult members of the Indian
community to be served by such organization; and
`(II) includes the maximum participation of Indians in all phases of
its activities.
`(B) In any case in which a grant is provided under this part to an
organization to provide services benefiting more than one Indian tribe, the
approval of the governing bodies of Indian tribes representing 80 percent of
those students attending the tribally controlled school shall be considered
a sufficient tribal authorization for such grant.
`(7) TRIBALLY CONTROLLED SCHOOL- The term `tribally controlled school'
means a school operated by a tribe or a tribal organization, enrolling
students in kindergarten through grade 12, including preschools, which is
not a local educational agency and which is not directly administered by the
Bureau of Indian Affairs.'.
TITLE V--GIFTED AND TALENTED CHILDREN
SEC. 501. AMENDMENT TO ESEA RELATING TO GIFTED AND TALENTED CHILDREN.
Part B of title X of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8031 et seq.) is amended to read as follows:
`PART B--GIFTED AND TALENTED CHILDREN
`SEC. 10201. SHORT TITLE.
`This part may be cited as the `Jacob K. Javits Gifted and Talented
Students Education Act of 1999'.
`SEC. 10202. FINDINGS.
`The Congress finds the following:
`(1) While the families or communities of some gifted students can
provide private programs with appropriately trained staff to supplement
public educational offerings, most high-ability students, especially those
from inner cities, rural communities, or low-income families, must rely on
the services and personnel provided by public schools. Therefore, gifted
education programs, provided by qualified professionals in the public
schools, are needed to provide equal educational opportunities.
`(2) Due to the wide dispersal of students who are gifted and talented
and the national interest in a well-educated populace, the Federal
Government can most effectively and appropriately conduct scientifically
based research and development to provide an infrastructure and to ensure
that there is a national capacity to educate students who are gifted and
talented to meet the needs of the 21st century.
`(3) State and local educational agencies often lack the specialized
resources and trained personnel to consistently plan and implement effective
programs for the identification of gifted and talented students and for the
provision of educational services and programs appropriate for their
needs.
`(4) Because gifted and talented students generally are more advanced
academically, are able to learn more quickly, and study in more depth and
complexity than others their age, their educational needs require
opportunities and experiences that are different from those generally
available in regular education programs.
`(5) Typical elementary school students who are academically gifted and
talented already have mastered 35 to 50 percent of the school year's content
in several subject areas before the year begins. Without an advanced and
challenging curriculum, they often lose their motivation and develop poor
study habits that are difficult to break.
`(6) Elementary and secondary teachers have students in their classrooms
with a wide variety of traits, characteristics, and needs. Most teachers
receive some training to meet the needs of these students, such as students
with limited English proficiency, students with disabilities, and students
from diverse cultural and racial backgrounds. However, most teachers do not
receive training on meeting the needs of students who are gifted and
talented.
`SEC. 10203. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2.
`(a) SUBPART 1- Subpart 1 shall be in effect only for a fiscal year for
which subpart 2 is not in effect.
`(1) IN GENERAL- Subpart 2 shall be in effect only for--
`(A) the first fiscal year for which the amount appropriated to carry
out this part equals or exceeds $50,000,000; and
`(B) all succeeding fiscal years.
`(2) CONTINUATION OF AWARDS- Notwithstanding any other provision of this
part, a State receiving a grant under subpart 2--
`(A) shall give special consideration to a request for the
continuation of an award within the State, made by any public or private
agency, institution, or organization that was awarded a grant or contract
under subpart 1 for a fiscal year for which such subpart was in effect;
and
`(B) may use funds received under such grant for the purpose of
permitting the agency, institution, or organization to continue to receive
funds in accordance with the terms of such award until the date on which
the award period terminates under such terms.
`Subpart 1--Discretionary Grant Program
`SEC. 10211. 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 a nationwide capability in elementary
and secondary schools to meet the special educational needs of gifted and
talented students.
`SEC. 10212. GRANTS TO MEET EDUCATIONAL NEEDS OF GIFTED AND TALENTED
STUDENTS.
`(a) ESTABLISHMENT OF PROGRAM-
`(1) IN GENERAL- Subject to section 10203, from the sums available to
carry out this subpart in any fiscal year, the Secretary (after consultation
with experts in the field of the education of gifted and talented students)
shall make grants to, or enter into contracts with, State educational
agencies, local educational agencies, institutions of higher education,
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 desiring 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) USES OF FUNDS- Programs and projects assisted under this subpart may
include the following:
`(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) Professional development (including fellowships) for personnel
(including leadership personnel) involved in the education of gifted and
talented students.
`(3) Establishment and operation of model projects and exemplary
programs for serving gifted and talented students, including innovative
methods for identifying and educating students who may not be served by
traditional gifted and talented programs, including 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) 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.
`(c) COORDINATION- Scientifically based research activities supported
under this subpart--
`(1) shall be carried out in consultation with the Office of Educational
Research and Improvement to ensure that such activities are coordinated with
and enhance the research and development activities supported by such
Office; and
`(2) may include collaborative scientifically based research activities
which are jointly funded and carried out with such Office.
`SEC. 10213. PROGRAM PRIORITIES.
`(a) GENERAL PRIORITY- In the administration of 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 who may not be identified and served
through traditional assessment methods (including economically disadvantaged
individuals, individuals of limited English proficiency, and individuals
with disabilities).
`(b) SERVICE PRIORITY- In approving applications for assistance under
section 10212(a)(2), the Secretary shall ensure that in each fiscal year at
least one-half of the applications approved under such section address the
priority described in subsection (a)(2).
`(c) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES FOR AUTHORIZED ACTIVITIES-
`(1) IN GENERAL- For fiscal year 2001 and succeeding fiscal years, the
Secretary shall ensure that a percentage of the excess amount described in
paragraph (2) is used to increase (in proportion to any increases in such
excess amounts) the number and size of the grants under this subpart to
State educational agencies to begin implementing activities described in
section 10222(b) through competitive subgrants to local educational
agencies.
`(2) EXCESS AMOUNT- For purposes of paragraph (1), the excess amount
described in this paragraph is, for fiscal year 2001 and succeeding fiscal
years, the amount (if any) by which the funds appropriated to carry out this
subpart for the year exceed such funds for fiscal year 2000.
`SEC. 10214. GENERAL PROVISIONS FOR SUBPART.
`(a) REVIEW, DISSEMINATION, AND EVALUATION- The Secretary--
`(1) shall use a peer review process in reviewing applications under
this subpart;
`(2) shall ensure that information on the activities and results of
programs and projects funded under this subpart is disseminated to
appropriate State and local educational agencies and other appropriate
organizations, including nonprofit private organizations; and
`(3) shall evaluate the effectiveness of programs under this subpart in
accordance with section 14701, both in terms of the impact on students
traditionally served in separate gifted and talented programs and on other
students, and submit the results of such evaluation to the Congress not
later than 2 years after the date of the enactment of the Student Results
Act of 1999.
`(b) 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--
`(1) shall administer and coordinate the programs authorized under this
subpart;
`(2) shall serve as a focal point of national leadership and information
on the educational needs of gifted and talented students and the
availability of educational services and programs designed to meet such
needs; and
`(3) shall assist the Assistant Secretary of the Office of Educational
Research and Improvement in identifying research priorities which reflect
the needs of gifted and talented students.
`Subpart 2--Formula Grant Program
`SEC. 10221. PURPOSE.
`The purpose of this subpart is to provide grants to States to support
programs, teacher preparation, and other services designed to meet the needs
of the Nation's gifted and talented students in elementary and secondary
schools.
`SEC. 10222. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.
`(a) IN GENERAL- In the case of each State that in accordance with section
10224 submits to the Secretary an application for a fiscal year, subject to
section 10203, the Secretary shall make a grant for the year to the State for
the uses specified in subsection (b). The grant shall consist of the allotment
determined for the State under section 10223.
`(b) AUTHORIZED ACTIVITIES- Each State receiving a grant under this
subpart shall use the funds provided under the grant to assist local
educational agencies to develop or expand gifted and talented education
programs through one or more of the following activities:
`(1) Development and implementation of programs to address State and
local needs for in-service training programs for general educators,
specialists in gifted and talented education, administrators, or other
personnel at the elementary and secondary levels.
`(2) Making materials and services available through State regional
educational service centers, institutions of higher education, or other
entities.
`(3) Supporting innovative approaches and curricula used by local
educational agencies (or consortia of such agencies) or schools or
(consortia of schools).
`(4) Providing funds for challenging, high-level course work,
disseminated through new and emerging technologies (including distance
learning), for individual students or groups of students in schools and
local educational agencies that do not have the resources otherwise to
provide such course work.
`(c) COMPETITIVE PROCESS- A State receiving a grant under this subpart
shall distribute at least 95 percent of the amount of the grant to local
educational agencies through a competitive process that results in an
equitable distribution by geographic area within the State.
`(d) LIMITATIONS ON USE OF FUNDS-
`(1) COURSE WORK PROVIDED THROUGH EMERGING TECHNOLOGIES- Activities
under subsection (b)(4) may include development of curriculum packages,
compensation of distance-learning educators, or other relevant activities,
but funds provided under this subpart may not be used for the purchase or
upgrading of technological hardware.
`(2) ADMINISTRATIVE COSTS- A State receiving a grant under this subpart
may use not more than 5 percent of the amount of the grant for State
administrative costs.
`SEC. 10223. ALLOTMENTS TO STATES.
`(a) RESERVATION OF FUNDS- From the amount made available to carry out
this subpart for any fiscal year, the Secretary shall reserve 1/2 of 1 percent
for the Secretary of the Interior for programs under this subpart for
teachers, other staff, and administrators in schools operated or funded by the
Bureau of Indian Affairs.
`(1) IN GENERAL- Except as provided in paragraph (2), the Secretary
shall allot the total amount made available to carry out this subpart for
any fiscal year and not reserved under subsection (a) to the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico on the basis of
their relative populations of individuals aged 5 through 17, as determined
by the Secretary on the basis of the most recent satisfactory data.
`(2) MINIMUM GRANT AMOUNT- No State receiving an allotment under
paragraph (1) may receive less than 1/4 of 1 percent of the total amount
allotted under such paragraph.
`(c) REALLOTMENT- If any State does not apply for an allotment under this
section for any fiscal year, the Secretary shall reallot such amount to the
remaining States in accordance with this section.
`SEC. 10224. APPLICATION.
`(a) IN GENERAL- To be eligible to receive a grant under this subpart, a
State 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 application under this section shall include
assurances that--
`(1) funds received under this subpart will be used to support gifted
and talented students in public schools and public charter schools,
including students from all economic, ethnic, and racial backgrounds,
students of limited English proficiency, students with disabilities, and
highly gifted students;
`(2) not less than 95 percent of the amount of the funds provided under
the grant shall be used for the purpose of making, in accordance with this
subpart and on a competitive basis, subgrants to local educational
agencies;
`(3) funds received under this subpart shall be used only to supplement,
but not supplant, the amount of State and local funds expended for
specialized education and related services provided for the education of
gifted and talented students; and
`(4) the State shall develop procedures to evaluate program
effectiveness.
`(c) APPROVAL- To the extent funds are made available for this subpart,
the Secretary shall approve an application of a State if such application
meets the requirements of this section.
`SEC. 10225. ANNUAL REPORTING.
`Beginning 1 year after the date of the enactment of the Student Results
Act of 1999, a State receiving a grant under this subpart shall submit an
annual report to the Secretary that describes the number of students served
and the activities supported with funds provided under this subpart. The
report shall include a description of the measures taken to comply with
paragraphs (1) and (4) of section 10224(b). To the extent practicable and
otherwise authorized by law, this report shall be submitted as part of any
consolidated State performance report for State formula grant programs under
this Act.
`Subpart 3--National Center for Research and Development in the
Education of Gifted and Talented Children and Youth
`SEC. 10231. CENTER FOR RESEARCH AND DEVELOPMENT.
`(a) IN GENERAL- The Secretary (after consultation with experts in the
field of the education of gifted and talented students) shall establish a
National Center for Research and Development in the Education of Gifted and
Talented Children and Youth through grants to or contracts with one or more
institutions of higher education or State educational 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 section 10212(b)(1).
`(b) DIRECTOR- Such National Center shall have a Director. The Secretary
may authorize the Director to carry out such functions of the National Center
as may be agreed upon through arrangements with institutions of higher
education, State or local educational agencies, or other public or private
agencies and organizations.
`(c) COORDINATION- Scientifically based research activities supported
under this subpart--
`(1) shall be carried out in consultation with the Office of Educational
Research and Improvement to ensure that such activities are coordinated with
and enhance the research and development activities supported by such
Office; and
`(2) may include collaborative scientifically based research activities
which are jointly funded and carried out with such Office.
`Subpart 4--General Provisions
`SEC. 10241. CONSTRUCTION.
`Nothing in this part shall be construed to prohibit a recipient of funds
under this part from serving gifted and talented students simultaneously with
students with similar educational needs, in the same educational settings
where appropriate.
`SEC. 10242. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.
`In making grants and entering into contracts under this part, the
Secretary shall ensure, where appropriate, that provision is made for the
equitable participation of students and teachers in private nonprofit
elementary and secondary schools, including the participation of teachers and
other personnel in professional development programs serving such children.
`SEC. 10243. DEFINITIONS.
`For purposes of this part:
`(1) The term `scientifically based research'--
`(A) means the application of rigorous, systematic, and objective
procedures to obtain valid knowledge relevant to the education of gifted
and talented children; and
`(B) shall include research that--
`(i) employs systematic, empirical methods that draw on observation
or experiment;
`(ii) involves rigorous data analyses that are adequate to test the
stated hypotheses and justify the general conclusions drawn;
`(iii) relies on measurements or observational methods that provide
valid data across evaluators and observers and across multiple
measurements and observations; and
`(iv) has been accepted by a peer-reviewed journal or approved by a
panel of independent experts through a comparably rigorous, objective,
and scientific review.
`(2) STATE- The term `State' means each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
`SEC. 10244. AUTHORIZATION OF APPROPRIATIONS.
`(a) SUBPART 1 OR 2- Subject to section 10203, there are authorized to be
appropriated $10,000,000 to carry out subpart 1 or 2 for fiscal year 2000 and
such sums as may be necessary for each of fiscal years 2001 through 2004.
`(b) SUBPART 3- There are authorized to be appropriated to carry out
subpart 3 $1,950,000 for each of fiscal years 2000 through 2004.'.
TITLE VI--RURAL EDUCATION ASSISTANCE
SEC. 601. RURAL EDUCATION.
Part J of title X of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8271 et seq.) is amended to read as follows:
`PART J--RURAL EDUCATION INITIATIVE
`SEC. 10951. SHORT TITLE.
`This part may be cited as the `Rural Education Initiative Act of
1999'.
`SEC. 10952. FINDINGS.
`Congress finds the following:
`(1) The National Center for Educational Statistics reports that 46
percent of our Nation's public schools serve rural areas.
`(2) While there are rural education initiatives identified at the State
and local level, no Federal education policy focuses on the specific and
unique needs of rural school districts and schools.
`(3) Small school districts often cannot use Federal grant funds
distributed by formula because the formula allocation does not provide
enough revenue to carry out the program the grant is intended to fund.
`(4) Rural schools often cannot compete for Federal funding distributed
by competitive grants because the schools lack the personnel needed to
prepare grant applications and the resources to hire specialists in the
writing of Federal grant proposals.
`(5) A critical problem for rural school districts involves the hiring
and retention of qualified administrators and certified teachers (especially
in reading, science, and mathematics). As a result, teachers in rural
schools are almost twice as likely to provide instruction in three or more
subject areas than teachers in urban schools. Rural schools also face other
tough challenges, such as shrinking local tax bases, high transportation
costs, aging buildings, limited course offerings, and limited
resources.
`Subpart 1--Small and Rural School Program
`SEC. 10961. FORMULA GRANT PROGRAM AUTHORIZED.
`(1) IN GENERAL- Notwithstanding any other provision of law, an eligible
local educational agency may use the applicable funding, that the agency is
eligible to receive from the State educational agency for a fiscal year, to
support local or statewide education reform efforts intended to improve the
academic achievement of elementary school and secondary school students and
the quality of instruction provided for the students.
`(2) NOTIFICATION- An eligible local educational agency shall notify the
State educational agency of the local educational agency's intention to use
the applicable funding in accordance with paragraph (1) not later than a
date that is established by the State educational agency for the
notification.
`(1) IN GENERAL- A local educational agency shall be eligible to use the
applicable funding in accordance with subsection (a) if--
`(A)(i) the total number of students in average daily attendance at
all of the schools served by the local educational agency is less than
600; and
`(ii) all of the schools served by the local educational agency are
located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9,
as determined by the Secretary of Agriculture; or
`(B) the agency meets the criteria established in subparagraph (A)(i)
and the Secretary, in accordance with paragraph (2), grants the local
educational agency's request to waive the criteria described in subparagraph
(A)(ii).
`(2) CERTIFICATION- The Secretary shall determine whether or not to
waive the criteria described in paragraph (1)(A)(ii) based on certification
provided by the local educational agency, or the State educational agency on
behalf of the local educational agency, that the local educational agency is
located in an area defined as rural by a governmental agency of the
State.
`(c) APPLICABLE FUNDING- In this section, the term `applicable funding'
means funds provided under each of titles II, IV, VI, parts A and C of title
VII, and part I of title X.
`(d) DISBURSAL- Each State educational agency that receives applicable
funding for a fiscal year shall disburse the applicable funding to local
educational agencies for alternative uses under this section for the fiscal
year at the same time that the State educational agency disburses the
applicable funding to local educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal year.
`(e) SUPPLEMENT NOT SUPPLANT- Funds used under this section shall be used
to supplement and not supplant any other Federal, State, or local education
funds that would otherwise be available for the purpose of this subpart.
`(f) SPECIAL RULE- References in Federal law to funds for the provisions
of law set forth in subsection (c) may be considered to be references to funds
for this section.
`SEC. 10962. PROGRAM AUTHORIZED.
`(a) IN GENERAL- The Secretary is authorized to award grants to eligible
local educational agencies to enable the local educational agencies to support
local or statewide education reform efforts intended to improve the academic
achievement of elementary school and secondary school students and the quality
of instruction provided for the students.
`(1) IN GENERAL- A local educational agency shall be eligible to receive
a grant under this section if--
`(A)(i) the total number of students in average daily attendance at
all of the schools served by the local educational agency is less than
600; and
`(ii) all of the schools served by the local educational agency are
located in a community with a Rural-Urban Continuum Code of 6, 7, 8, or 9,
as determined by the Secretary of Agriculture; or
`(B) the agency meets the criteria established in subparagraph (A)(i)
and the Secretary, in accordance with paragraph (2), grants the local
educational agency's request to waive the criteria described in
subparagraph (A)(ii).
`(2) CERTIFICATION- The Secretary shall determine whether or not to
waive the criteria described in paragraph (1)(A)(ii) based on certification
provided by the local educational agency, or the State educational agency on
behalf of the local educational agency, that the local educational agency is
located in an area defined as rural by a governmental agency of the
State.
`(1) IN GENERAL- Except as provided in paragraph (3), the Secretary
shall award a grant to an eligible local educational agency for a fiscal
year in an amount equal to the initial amount determined under paragraph (2)
for the fiscal year minus the total amount received under the provisions of
law described under section 10961(c) for the preceding fiscal year.
`(2) DETERMINATION OF THE INITIAL AMOUNT- The initial amount referred to
in paragraph (1) is equal to $100 multiplied by the total number of
students, over 50 students, in average daily attendance in such eligible
agency plus $20,000, except that the initial amount may not exceed
$60,000.
`(A) IN GENERAL- If the amount made available for this subpart for any
fiscal year is not sufficient to pay in full the amounts that local
educational agencies are eligible to receive under paragraph (1) for such
year, the Secretary shall ratably reduce such amounts for such
year.
`(B) ADDITIONAL AMOUNTS- If additional funds become available for
making payments under paragraph (1) for such fiscal year, payments that
were reduced under subparagraph (A) shall be increased on the same basis
as such payments were reduced.
`(5) CENSUS DETERMINATION-
`(A) IN GENERAL- Each local educational agency desiring a grant under
this section shall conduct a census not later than December 1 of each year
to determine the number of kindergarten through grade 12 students in
average daily attendance at the schools served by the local educational
agency.
`(B) SUBMISSION- Each local educational agency shall submit the number
described in subparagraph (A) to the Secretary not later than March 1 of
each year.
`(d) DISBURSAL- The Secretary shall disburse the funds awarded to a local
educational agency under this section for a fiscal year not later than July 1
of that year.
`(e) SPECIAL RULE- A local educational agency that is eligible to receive
a grant under this subpart for a fiscal year shall be ineligible to receive
funds for such fiscal year under subpart 2.
`(f) SUPPLEMENT NOT SUPPLANT- Funds made available under this section
shall be used to supplement and not supplant any other Federal, State or local
education funds.
`SEC. 10963. ACCOUNTABILITY.
`(a) ACADEMIC ACHIEVEMENT-
`(1) IN GENERAL- Each local educational agency that uses or receives
funds under section 10961 or 10962 for a fiscal year shall administer an
assessment consistent with section 1111 of title I.
`(2) SPECIAL RULE- Each local educational agency that uses or receives
funds under section 10961 or 10962 shall use the same assessment described
in paragraph (1) for each year of participation in the program under such
section.
`(b) STATE EDUCATIONAL AGENCY DETERMINATION REGARDING CONTINUING
PARTICIPATION- Each State educational agency that receives funding under the
provisions of law described in section 10961(c) shall--
`(1) after the second year that a local educational agency participates
in a program under section 10961 or 10962 and on the basis of the results of
the assessments described in subsection (a), determine whether the students
served by the local educational agency participating in the program
performed in accordance with section 1111 of title I; and
`(2) only permit those local educational agencies that so participated
and met the requirements of section 1111(b)(2) of title I to continue to so
participate.
`Subpart 2--Low-Income And Rural School Program
`SEC. 10971. PROGRAM AUTHORIZED.
`(a) RESERVATIONS- From amounts appropriated under section 10982 for this
subpart for a fiscal year, the Secretary shall reserve 1/2 of 1 percent to
make awards to elementary or secondary schools operated or supported by the
Bureau of Indian Affairs to carry out the purpose of this subpart.
`(1) IN GENERAL- From amounts appropriated under section 10982 for this
subpart that are not reserved under subsection (a), the Secretary shall
award grants for a fiscal year to State educational agencies that have
applications approved under section 10973 to enable the State educational
agencies to award subgrants to eligible local educational agencies for local
authorized activities described in subsection (c)(2).
`(2) ALLOCATION- From amounts appropriated for this subpart, the
Secretary shall allocate to each State educational agency for a fiscal year
an amount that bears the same ratio to the amount of funds appropriated
under section 10982 for this subpart that are not reserved under subsection
(a) as the number of students in average daily attendance served by eligible
local educational agencies in the State bears to the number of all such
students served by eligible local educational agencies in all States for
that fiscal year.
`(3) DIRECT AWARDS TO SPECIALLY QUALIFIED AGENCIES-
`(A) NONPARTICIPATING STATE- If a State educational agency elects not
to participate in the program under this subpart or does not have an
application approved under section 10973 a specially qualified agency in
such State desiring a grant under this subpart shall apply directly to the
Secretary to receive an award under this subpart.
`(B) DIRECT AWARDS TO SPECIALLY QUALIFIED AGENCIES- The Secretary may
award, on a competitive basis, the amount the State educational agency is
eligible to receive under paragraph (2) directly to specially qualified
agencies in the State.
`(1) ELIGIBILITY- A local educational agency shall be eligible to
receive funds under this subpart if--
`(A) 20 percent or more of the children aged 5 to 17, inclusive,
served by the local educational agency are from families with incomes
below the poverty line; and
`(B) all of the schools served by the agency are located in a
community with a Rural-Urban Continuum Code of 6, 7, 8, or 9, as
determined by the Secretary of Agriculture.
`(2) USES OF FUNDS- Grant funds awarded to local educational agencies or
made available to schools under this subpart shall be used for--
`(1) educational technology, including software and hardware;
`(2) professional development;
`(3) technical assistance;
`(4) teacher recruitment and retention;
`(5) parental involvement activities; or
`(6) academic enrichment programs.
`SEC. 10972. STATE DISTRIBUTION OF FUNDS.
`(a) AWARD BASIS- A State educational agency shall award grants to
eligible local educational agencies--
`(1) on a competitive basis; or
`(2) according to a formula based on the number of students in average
daily attendance served by the eligible local educational agencies or
schools (as appropriate) in the State, as determined by the State.
`(b) ADMINISTRATIVE COSTS- A State educational agency receiving a grant
under this subpart may not use more than 5 percent of the amount of the grant
for State administrative costs.
`SEC. 10973. APPLICATIONS.
`Each State educational agency and specially qualified agency desiring to
receive 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. Such application shall include specific measurable
goals and objectives to be achieved which may include specific educational
goals and objectives relating to increased student academic achievement,
decreased student drop-out rates, or such other factors that the State
educational agency or specially qualified agency may choose to measure.
`SEC. 10974. REPORTS.
`(a) STATE REPORTS- Each State educational agency that receives a grant
under this subpart shall provide an annual report to the Secretary. The report
shall describe--
`(1) the method the State educational agency used to award grants to
eligible local educational agencies and to provide assistance to schools
under this subpart;
`(2) how local educational agencies and schools used funds provided
under this subpart; and
`(3) the degree to which progress has been made toward meeting the goals
and objectives described in the application submitted under section
10973.
`(b) SPECIALLY QUALIFIED AGENCY REPORT- Each specially qualified agency
that receives a grant under this subpart shall provide an annual report to the
Secretary. Such report shall describe--
`(1) how such agency uses funds provided under this subpart; and
`(2) the degree to which progress has been made toward meeting the goals
and objectives described in the application submitted under section
10971(b)(4)(A).
`(c) REPORT TO CONGRESS- The Secretary shall prepare and submit to the
Committee on Education and the Workforce for the House of Representatives and
the Committee on Health, Education, Labor, and Pensions for the Senate an
annual report. The report shall describe--
`(1) the methods the State educational agency used to award grants to
eligible local educational agencies and to provide assistance to schools
under this subpart;
`(2) how eligible local educational agencies and schools used funds
provided under this subpart; and
`(3) progress made in meeting specific measurable educational goals and
objectives.
`SEC. 10975. DEFINITIONS.
`For the purposes of this subpart--
`(1) The term `poverty line' means the poverty line (as defined by the
Office of Management and Budget, and revised annually in accordance with
section 673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2))) applicable to a family of the size involved.
`(2) The term `specially qualified agency' means an eligible local
educational agency, located in a State that does not participate in a
program under this subpart in a fiscal year, that may apply directly to the
Secretary for a grant in such year in accordance with section
10971(b)(4).
`Subpart 3--General Provisions
`SEC. 10981. DEFINITION.
`For the purposes of this part, the term `State' means each of the 50
States, the District of Columbia, and the Commonwealth of Puerto Rico.
`SEC. 10982. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part
$125,000,000 for fiscal year 2000 and such sums as may be necessary for each
of four succeeding fiscal years to be distributed equally between subparts 1
and 2.'.
TITLE VII--MCKINNEY HOMELESS EDUCATION IMPROVEMENTS ACT OF
1999
SEC. 701. SHORT TITLE.
This title may be cited as the `Stewart B. McKinney Homeless Education
Assistance Improvements Act of 1999'.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) An estimated 1,000,000 children in the United States will experience
homelessness this year.
(2) Homelessness has a devastating impact on the educational
opportunities of children and youth; homeless children go hungry at more
than twice the rate of other children; have four times the rate of delayed
development; and are twice as likely to repeat a grade.
(3) Despite steady progress in school enrollment and attendance
resulting from the passage in 1987 of the Stewart B. McKinney Homeless
Assistance Act, homeless students still face numerous barriers to education,
including residency, guardianship and registration requirements, as well as
delays in the transfer of school records, and inadequate transportation
service.
(4) School is one of the few secure factors in the lives of homeless
children and youth, providing stability, structure, and accomplishment
during a time of great upheaval.
(5) Homeless children and youth need to remain in school so that they
acquire the skills necessary to escape poverty and lead productive, healthy
lives as adults.
(6) In the 12 years since the passage of the McKinney Act, educators and
service providers have learned much about policies and practices which help
remove the barriers described.
SEC. 703. PURPOSE.
The purpose of this title is to strengthen subtitle B of title VII of the
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11431 et seq.) by
amending it--
(1) to include innovative practices, proven to be effective in helping
homeless children and youth enroll, attend, and succeed in school; and
(2) to help ensure that such individuals receive a quality education and
secure their chance for a brighter future.
SEC. 704. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless Education
Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:
`Subtitle B--Education for Homeless Children and Youth
`SEC. 721. STATEMENT OF POLICY.
`It is the policy of Congress that--
`(1) each State educational agency ensure that each child of a homeless
individual and each homeless youth has equal access to the same free, public
education, including a public preschool education, as provided to other
children and youth;
`(2) in any State that has a compulsory residency requirement as a
component of the State's compulsory school attendance laws or other laws,
regulations, practices, or policies that may act as a barrier to the
enrollment, attendance, or success in school of homeless children and youth,
the State review and undertake steps to revise such laws, regulations,
practices, or policies to ensure that homeless children and youth are
afforded the same free, public education as provided to other children and
youth;
`(3) homelessness alone is not sufficient reason to separate students
from the mainstream school environment; and
`(4) homeless children and youth should have access to the education and
other services that such children and youth need to ensure that such
children and youth have an opportunity to meet the same challenging State
student performance standards to which all students are held.
`SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
`(a) GENERAL AUTHORITY- The Secretary is authorized to make grants to
States in accordance with the provisions of this section to enable such States
to carry out the activities described in subsections (d), (e), (f), and
(g).
`(b) APPLICATION- No State may receive a grant under this section unless
the State educational 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.
`(c) ALLOCATION AND RESERVATIONS-
`(1) IN GENERAL- Subject to paragraph (2) and section 724(c), from the
amounts appropriated for each fiscal year under section 726, the Secretary
is authorized to allot to each State an amount that bears the same ratio to
the amount appropriated for such year under section 726 as the amount
allocated under section 1122 of the Elementary and Secondary Education Act
of 1965 to the State for that year bears to the total amount allocated under
section 1122 to all States for that year, except that no State shall receive
less than $100,000.
`(2) RESERVATION- (A) The Secretary is authorized to reserve 0.1 percent
of the amount appropriated for each fiscal year under section 726 to be
allocated by the Secretary among the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands,
according to their respective need for assistance under this subtitle, as
determined by the Secretary.
`(B)(i) The Secretary shall transfer one percent of the amount
appropriated for each fiscal year under section 726 to the Department of the
Interior for programs for Indian students served by schools funded by the
Secretary of the Interior, as determined under the Indian Self-Determination
and Education Assistance Act, that are consistent with the purposes of this
Act.
`(ii) The Secretary and the Secretary of the Interior shall enter into
an agreement, consistent with the requirements of this part, for the
distribution and use of the funds described in clause (i) under terms that
the Secretary determines best meet the purposes of the programs described in
such clause. Such agreement shall set forth the plans of the Secretary of
the Interior for the use of the amounts transferred, including appropriate
goals, objectives, and milestones.
`(3) DEFINITION- As used in this subsection, the term `State' shall not
include the United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
`(d) ACTIVITIES- Grants under this section shall be used--
`(1) to carry out the policies set forth in section 721 in the
State;
`(2) to provide activities for, and services to, homeless children,
including preschool-aged homeless children, and youth that enable such
children and youth to enroll in, attend, and succeed in school, or, if
appropriate, in preschool programs;
`(3) to establish or designate an Office of Coordinator of Education of
Homeless Children and Youth in the State educational agency in accordance
with subsection (f);
`(4) to prepare and carry out the State plan described in subsection
(g); and
`(5) to develop and implement professional development programs for
school personnel to heighten their awareness of, and capacity to respond to,
specific problems in the education of homeless children and youth.
`(e) STATE AND LOCAL GRANTS-
`(1) IN GENERAL- (A) Subject to subparagraph (B), if the amount allotted
to the State educational agency for any fiscal year under this subtitle
exceeds the amount such agency received for fiscal year 1990 under this
subtitle, as the subtitle was then in effect, such agency shall provide
grants to local educational agencies for purposes of section 723.
`(B) The State educational agency may reserve not more than the greater
of 5 percent of the amount such agency receives under this subtitle for any
fiscal year, or the amount such agency received under this subtitle, as the
subtitle was then in effect, for fiscal year 1990, to conduct activities
under subsection (f) directly or through grants or contracts.
`(2) SPECIAL RULE- If the amount allotted to a State educational agency
for any fiscal year under this subtitle is less than the amount such agency
received for fiscal year 1990 under this subtitle, such agency, at such
agency's discretion, may provide grants to local educational agencies in
accordance with section 723 or may conduct activities under subsection (f)
directly or through grants or contracts.
`(3) PROHIBITION ON SEGREGATING HOMELESS STUDENTS-
`(A) IN GENERAL- Except as provided in subparagraph (B) and section
723(a)(2)(B)(ii), in providing a free, public education to a homeless
child or youth, no State receiving funds under this subtitle shall
segregate such child or youth, either in a separate school, or in a
separate program within a school, based solely on such child or youth's
status as homeless.
`(B) EXCEPTION- A State that has established a separate school for
homeless children in the fiscal year preceding the date of the enactment
of the Stewart B. McKinney Homeless Education Assistance Improvement Act
of 1999 shall remain eligible to receive funds under this subtitle for
such program.
`(f) FUNCTIONS OF THE OFFICE OF COORDINATOR- The Coordinator of Education
of Homeless Children and Youth established in each State shall--
`(1) gather, to the extent possible, reliable, valid, and comprehensive
information on the nature and extent of the problems homeless children and
youth have in gaining access to public preschool programs and to public
elementary and secondary schools, the difficulties in identifying the
special needs of such children and youth, any progress made by the State
educational agency and local educational agencies in the State in addressing
such problems and difficulties, and the success of the program under this
subtitle in allowing homeless children and youth to enroll in, attend, and
succeed in, school;
`(2) develop and carry out the State plan described in subsection
(g);
`(3) collect and transmit to the Secretary, information gathered
pursuant to paragraphs (1) and (2), at such time and in such manner as the
Secretary may require;
`(4) facilitate coordination between the State educational agency, the
State social services agency, and other agencies providing services to
homeless children and youth, including homeless children and youth who are
preschool age, and families of such children and youth; and
`(5) in order to improve the provision of comprehensive education and
related services to homeless children and youth and their families,
coordinate and collaborate with--
`(A) educators, including child development and preschool program
personnel;
`(B) providers of services to homeless and runaway children and youth
and homeless families (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and homeless youth
centers, and transitional living programs for homeless youth);
`(C) local educational agency liaisons for homeless children and
youth; and
`(D) community organizations and groups representing homeless children
and youth and their families.
`(1) IN GENERAL- Each State shall submit to the Secretary a plan to
provide for the education of homeless children and youth within the State,
which plan shall describe how such children and youth are or will be given
the opportunity to meet the same challenging State student performance
standards all students are expected to meet, shall describe the procedures
the State educational agency will use to identify such children and youth in
the State and to assess their special needs, and shall--
`(A) describe procedures for the prompt resolution of disputes
regarding the educational placement of homeless children and
youth;
`(B) describe programs for school personnel (including principals,
attendance officers, teachers, enrollment personnel, and pupil services
personnel) to heighten the awareness of such personnel of the specific
needs of runaway and homeless youth;
`(C) describe procedures that ensure that homeless children and youth
who meet the relevant eligibility criteria are able to participate in
Federal, State, or local food programs;
`(D) describe procedures that ensure that--
`(i) homeless children have equal access to the same public
preschool programs, administered by the State agency, as provided to
other children; and
`(ii) homeless children and youth who meet the relevant eligibility
criteria are able to participate in Federal, State, or local before- and
after-school care programs;
`(E) address problems set forth in the report provided to the
Secretary under subsection (f)(3);
`(F) address other problems with respect to the education of homeless
children and youth, including problems caused by--
`(i) transportation issues; and
`(ii) enrollment delays that are caused by--
`(I) immunization requirements;
`(II) residency requirements;
`(III) lack of birth certificates, school records, or other
documentation; or
`(IV) guardianship issues;
`(G) demonstrate that the State educational agency and local
educational agencies in the State have developed, and shall review and
revise, policies to remove barriers to the enrollment and retention of
homeless children and youth in schools in the State; and
`(H) contain assurances that--
`(i) except as provided in subsection (e)(3)(B), State and local
educational agencies will adopt policies and practices to ensure that
homeless children and youth are not segregated solely on the basis of
their status as homeless; and
`(ii) designate an appropriate staff person, who may also be a
coordinator for other Federal programs, as a liaison for homeless
children and youth.
`(2) COMPLIANCE- Each plan adopted under this subsection shall also
demonstrate how the State will ensure that local educational agencies in the
State will comply with the requirements of paragraphs (3) through (9).
`(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS-
`(A) IN GENERAL- Each local educational agency serving a homeless
child or youth assisted under this subtitle shall, according to the
child's or youth's best interest, either--
`(i) continue the child's or youth's education in the school of
origin--
`(I) for the duration of their homelessness;
`(II) if the child becomes permanently housed, for the remainder
of the academic year; or
`(III) in any case in which a family becomes homeless between
academic years, for the following academic year; or
`(ii) enroll the child or youth in any public school that
nonhomeless students who live in the attendance area in which the child
or youth is actually living are eligible to attend.
`(B) BEST INTEREST- In determining the best interest of the child or
youth under subparagraph (A), the local educational agency shall keep, to
the extent feasible, a homeless child or youth in the school of origin,
except when doing so is contrary to the wishes of the child's or youth's
parent or guardian.
`(C) ENROLLMENT- (i) A school that a homeless child seeks to enroll in
shall, in accordance with this paragraph, immediately enroll the homeless
child or youth even if the child or youth is unable to produce records
normally required for enrollment, such as previous academic records, proof
of residency, or other documentation.
`(ii) The enrolling school shall immediately contact the school last
attended by the child or youth to obtain relevant academic and other
records.
`(iii) If the child or youth needs to obtain immunizations or
immunization records, the enrolling school shall immediately refer the
parent or guardian of the child or youth to the liaison who shall assist
in obtaining necessary immunizations or immunization records in
accordance with subparagraph (E).
`(D) RECORDS- Any record ordinarily kept by the school, including
immunization records, academic records, birth certificates, guardianship
records, and evaluations for special services or programs, of each
homeless child or youth shall be maintained--
`(i) so that the records are available, in a timely fashion, when a
child or youth enters a new school district; and
`(ii) in a manner consistent with section 444 of the General
Education Provisions Act.
`(E) ENROLLMENT DISPUTES- If there is a dispute over school selection
or enrollment--
`(i) the child or youth shall be immediately admitted to the school
in which enrollment is sought, pending resolution of the
dispute;
`(ii) the parent or guardian shall be provided with a written
explanation of the school's decision regarding enrollment, including the
right to appeal the decision; and
`(iii) the parent or guardian shall be referred to the liaison, who
shall carry out the dispute resolution process as described in paragraph
(6)(D) as expeditiously as possible, after receiving notice of the
dispute.
`(F) PLACEMENT CHOICE- The choice regarding placement shall be made
regardless of whether the child or youth lives with the homeless parents
or has been temporarily placed elsewhere by the parents.
`(G) DEFINITION- For purposes of this paragraph, the term `school of
origin' means the school that the child or youth attended when permanently
housed, or the school in which the child or youth was last
enrolled.
`(H) CONTACT INFORMATION- Nothing in this subtitle shall prohibit a
local educational agency from requiring a parent or guardian of a homeless
child to submit contact information required by the local educational
agency of a parent or guardian of a nonhomeless child.
`(4) COMPARABLE SERVICES- Each homeless child or youth to be assisted
under this subtitle shall be provided services comparable to services
offered to other students in the school selected according to the provisions
of paragraph (3), including--
`(A) transportation services;
`(B) educational services for which the child or youth meets the
eligibility criteria, such as services provided under title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) or
similar State or local programs, educational programs for children with
disabilities, and educational programs for students with limited-English
proficiency;
`(C) programs in vocational and technical education;
`(D) programs for gifted and talented students; and
`(E) school nutrition programs.
`(A) IN GENERAL- Each local educational agency serving homeless
children and youth that receives assistance under this subtitle shall
coordinate the provision of services under this subtitle with local social
services agencies and other agencies or programs providing services to
homeless children and youth and their families, including services and
programs funded under the Runaway and Homeless Youth Act. (42 U.S.C. 5701
et seq.).
`(B) HOUSING ASSISTANCE- If applicable, each State and local
educational agency that receives assistance under this subtitle shall
coordinate with State and local housing agencies responsible for
developing the comprehensive housing affordability strategy described in
section 105 of the Cranston-Gonzales National Affordable Housing Act (42
U.S.C. 12705) to minimize educational disruption for children and youth
who become homeless.
`(C) COORDINATION PURPOSE- The coordination required under
subparagraphs (A) and (B) shall be designed to--
`(i) ensure that homeless children and youth have access to
available education and related support services; and
`(ii) raise the awareness of school personnel and service providers
of the effects of short-term stays in a shelter and other challenges
associated with homeless children and youth.
`(A) DUTIES- Each local liaison for homeless children and youth,
designated pursuant to subsection (g)(1)(H)(ii), shall ensure
that--
`(i) homeless children and youth enroll in, and have an equal
opportunity to succeed in, schools of that agency;
`(ii) homeless families, children, and youth receive educational
services for which such families, children, and youth are eligible,
including Head Start and Even Start programs and preschool programs
administered by the local educational agency, and referrals to health
care services, dental services, mental health services, and other
appropriate services;
`(iii) the parents or guardians of homeless children and youth are
informed of the education and related opportunities available to their
children and are provided with meaningful opportunities to participate
in the education of their children; and
`(iv) public notice of the educational rights of homeless children
and youth is disseminated where such children and youth receive services
under this Act (such as family shelters and soup kitchens).
`(B) NOTICE- State coordinators and local educational agencies shall
inform school personnel, service providers, and advocates working with
homeless families of the duties of the liaisons.
`(C) LOCAL AND STATE COORDINATION- Local educational agency liaisons
for homeless children and youth shall, as a part of their duties,
coordinate and collaborate with State coordinators and community and
school personnel responsible for the provision of education and related
services to homeless children and youth.
`(D) DISPUTE RESOLUTION- Unless another individual is designated by
State law, the local educational agency liaisons for homeless children and
youth shall provide resource information and assist in resolving disputes
under this subtitle, should they arise.
`(7) REVIEW AND REVISIONS-
`(A) IN GENERAL- Each State educational agency and local educational
agency that receives assistance under this subtitle, shall review and
revise any policies that may act as barriers to the enrollment of homeless
children and youth in schools selected in accordance with paragraph
(3).
`(B) CONSIDERATION- In reviewing and revising such policies,
consideration shall be given to issues concerning transportation,
immunization, residency, birth certificates, school records, and other
documentation, and guardianship.
`(C) SPECIAL ATTENTION- Special attention shall be given to ensuring
the enrollment and attendance of homeless children and youth who are not
currently attending school.
`SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS
CHILDREN AND YOUTH.
`(1) IN GENERAL- The State educational agency shall, in accordance with
section 722(e) and from amounts made available to such agency under section
726, make grants to local educational agencies for the purpose of
facilitating the enrollment, attendance, and success in school of homeless
children and youth.
`(A) IN GENERAL- Services under paragraph (1)--
`(i) may be provided through programs on school grounds or at other
facilities;
`(ii) shall, to the maximum extent practicable, be provided through
existing programs and mechanisms that integrate homeless children and
youth with nonhomeless children and youth; and
`(iii) shall be designed to expand or improve services provided as
part of a school's regular academic program, but not replace that
program.
`(B) SERVICES ON SCHOOL GROUNDS- If services under paragraph (1) are
provided on school grounds, schools--
`(i) may use funds under this subtitle to provide the same services
to other children and youth who are determined by the local educational
agency to be at risk of failing in, or dropping out of, schools, subject
to the requirements of clause (ii).
`(ii) except as otherwise provided in section 722(e)(3)(B), shall
not provide services in settings within a school that segregates
homeless children and youth from other children and youth except as is
necessary for short periods of time--
`(I) for health and safety emergencies; or
`(II) to provide temporary, special, supplementary services to
meet the unique needs of homeless children and youth.
`(3) REQUIREMENT- Services provided under this section shall not replace
the regular academic program and shall be designed to expand upon or improve
services provided as part of the school's regular academic program.
`(b) APPLICATION- A local educational agency that desires to receive a
grant under this section shall submit an application to the State educational
agency at such time, in such manner, and containing or accompanied by such
information as the State educational agency may reasonably require. Each such
application shall include--
`(1) an assessment of the educational and related needs of homeless
children and youth in such agency (which may be undertaken as a part of
needs assessments for other disadvantaged groups);
`(2) a description of the services and programs for which assistance is
sought and the problems to be addressed through the provision of such
services and programs;
`(3) an assurance that the local educational agency's combined fiscal
effort per student or the aggregate expenditures of that agency and the
State with respect to the provision of free public education by such agency
for the fiscal year preceding the fiscal year for which the determination is
made was not less than 90 percent of such combined fiscal effort or
aggregate expenditures for the second fiscal year preceding the fiscal year
for which the determination is made;
`(4) an assurance that the applicant complies with, or will use
requested funds to comply with, paragraphs (3) through (7) of section
722(g); and
`(5) a description of policies and procedures, consistent with section
722(e)(3)(B), that the agency will implement to ensure that activities
carried out by the agency will not isolate or stigmatize homeless children
and youth.
`(1) IN GENERAL- The State educational agency shall, in accordance with
the requirements of this subtitle and from amounts made available to it
under section 726, make competitive subgrants that result in an equitable
distribution of geographic areas within the State to local educational
agencies that submit applications under subsection (b). Such subgrants shall
be awarded on the basis of the need of such agencies for assistance under
this subtitle and the quality of the applications submitted.
`(2) NEED- In determining need under paragraph (1), the State
educational agency may consider the number of homeless children and youth
enrolled in preschool, elementary, and secondary schools within the area
served by the agency, and shall consider the needs of such children and
youth and the ability of the agency to meet such needs. Such agency may also
consider--
`(A) the extent to which the proposed use of funds would facilitate
the enrollment, retention, and educational success of homeless children
and youth;
`(B) the extent to which the application reflects coordination with
other local and State agencies that serve homeless children and youth, and
meets the requirements of section 722(g)(3);
`(C) the extent to which the applicant exhibits in the application and
in current practice a commitment to education for all homeless children
and youth; and
`(D) such other criteria as the State agency determines
appropriate.
`(3) QUALITY- In determining the quality of applications under paragraph
(1), the State educational agency shall consider--
`(A) the applicant's needs assessment under subsection (b)(1) and the
likelihood that the program presented in the application will meet such
needs;
`(B) the types, intensity, and coordination of the services to be
provided under the program;
`(C) the involvement of parents or guardians;
`(D) the extent to which homeless children and youth will be
integrated within the regular education program;
`(E) the quality of the applicant's evaluation plan for the
program;
`(F) the extent to which services provided under this subtitle will be
coordinated with other available services; and
`(G) such other measures as the State educational agency considers
indicative of a high-quality program.
`(4) DURATION OF GRANTS- Grants awarded under this section shall be for
terms not to exceed 3 years.
`(d) AUTHORIZED ACTIVITIES- A local educational agency may use funds
awarded under this section for activities to carry out the purpose of this
subtitle, including--
`(1) the provision of tutoring, supplemental instruction, and enriched
educational services that are linked to the achievement of the same
challenging State content standards and challenging State student
performance standards the State establishes for other children and
youth;
`(2) the provision of expedited evaluations of the strengths and needs
of homeless children and youth, including needs and eligibility for programs
and services (such as educational programs for gifted and talented students,
children with disabilities, and students with limited-English proficiency,
services provided under title I of the Elementary and Secondary Education
Act of 1965 or similar State or local programs, programs in vocational and
technical education, and school nutrition programs);
`(3) professional development and other activities for educators and
pupil services personnel that are designed to heighten the understanding and
sensitivity of such personnel to the needs of homeless children and youth,
the rights of such children and youth under this Act, and the specific
educational needs of runaway and homeless youth;
`(4) the provision of referral services to homeless children and youth
for medical, dental, mental, and other health services;
`(5) the provision of assistance to defray the excess cost of
transportation for students pursuant to section 722(g)(4)(A), not otherwise
provided through Federal, State, or local funding, where necessary to enable
students to attend the school selected under section 722(g)(3);
`(6) the provision of developmentally appropriate early childhood
education programs, not otherwise provided through Federal, State, or local
funding, for preschool-aged children;
`(7) the provision of before- and after-school, mentoring, and summer
programs for homeless children and youth in which a teacher or other
qualified individual provides tutoring, homework assistance, and supervision
of educational activities;
`(8) if necessary, the payment of fees and other costs associated with
tracking, obtaining, and transferring records necessary to enroll homeless
children and youth in school, including birth certificates, immunization
records, academic records, guardianship records, and evaluations for special
programs or services;
`(9) the provision of education and training to the parents of homeless
children and youth about the rights of, and resources available to, such
children and youth;
`(10) the development of coordination between schools and agencies
providing services to homeless children and youth, including programs funded
under the Runaway and Homeless Youth Act;
`(11) the provision of pupil services (including violence prevention
counseling) and referrals for such services;
`(12) activities to address the particular needs of homeless children
and youth that may arise from domestic violence;
`(13) the adaptation of space and purchase of supplies for nonschool
facilities made available under subsection (a)(2) to provide services under
this subsection;
`(14) the provision of school supplies, including those supplies to be
distributed at shelters or temporary housing facilities, or other
appropriate locations; and
`(15) the provision of other extraordinary or emergency assistance
needed to enable homeless children and youth to attend school.
`SEC. 724. SECRETARIAL RESPONSIBILITIES.
`(a) REVIEW OF PLANS- In reviewing the State plan submitted by a State
educational agency under section 722(g), the Secretary shall use a peer review
process and shall evaluate whether State laws, policies, and practices
described in such plans adequately address the problems of homeless children
and youth relating to access to education and placement as described in such
plans.
`(b) TECHNICAL ASSISTANCE- The Secretary shall provide support and
technical assistance to the State educational agencies to assist such agencies
to carry out their responsibilities under this subtitle, if requested by the
State educational agency.
`(c) REPORT- The Secretary shall develop and issue not later than 60 days
after the date of the enactment of the Stewart B. McKinney Homeless Education
Assistance Improvements Act of 1999, a report to be made available to States,
local educational agencies, and other applicable agencies regarding the
following:
`(1) ENROLLMENT- Such report shall review successful ways in which a
State may assist local educational agencies to enroll homeless students on
an immediate basis. The report issued by the Secretary shall--
`(A) clarify that enrollment includes a homeless child's or youth's
right to actually attend school; and
`(B) clarify requirements that States are to review immunization and
medical or school records and to make such revisions as appropriate and
necessary in order to enroll homeless students in school more
quickly.
`(2) TRANSPORTATION- The report shall also address the transportation
needs of homeless students. The report issued by the Secretary shall--
`(A) explicitly state that the goal of the transportation provisions
contained in this Act is to provide educational stability by reducing
mobility and therefore provide an effective learning environment for
homeless children; and
`(B) encourage States to follow programs implemented in State law that
have successfully addressed transportation barriers for homeless
children.
`(d) EVALUATION AND DISSEMINATION- The Secretary shall conduct evaluation
and dissemination activities of programs designed to meet the educational
needs of homeless elementary and secondary school students, and may use funds
appropriated under section 726 to conduct such activities.
`(e) SUBMISSION AND DISTRIBUTION- The Secretary shall require applications
for grants under this subtitle to be submitted to the Secretary not later than
the expiration of the 60-day period beginning on the date that funds are
available for purposes of making such grants and shall make such grants not
later than the expiration of the 120-day period beginning on such date.
`(f) DETERMINATION BY SECRETARY- The Secretary, based on the information
received from the States and information gathered by the Secretary under
subsection (e), shall determine the extent to which State educational agencies
are ensuring that each homeless child and homeless youth has access to a free
appropriate public education as described in section 721(1).
`(1) IN GENERAL- From funds appropriated under section 726, the
Secretary shall, either directly or through grants, contracts, or
cooperative agreements, periodically collect and disseminate data and
information regarding--
`(A) the number and location of homeless children and youth;
`(B) the education and related services such children and youth
receive;
`(C) the extent to which such needs are being met; and
`(D) such other data and information as the Secretary deems necessary
and relevant to carry out this subtitle.
`(2) COORDINATION- The Secretary shall coordinate such collection and
dissemination with other agencies and entities that receive assistance and
administer programs under this subtitle.
`(h) REPORT- Not later than 4 years after the date of the enactment of the
Stewart B. McKinney Homeless Education Assistance Improvement Act of 1999, the
Secretary shall prepare and submit to the President and 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 on the status
of education of homeless children and youth, which shall include information
on--
`(1) the education of homeless children and youth; and
`(2) the effectiveness of the programs supported under this
subtitle.
`SEC. 725. DEFINITIONS.
`For the purpose of this subtitle, unless otherwise stated--
`(1) the terms `local educational agency' and `State educational agency'
have the same meanings given such terms under section 14101, of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801);
`(2) the term `Secretary' means the Secretary of Education; and
`(3) the term `State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
`SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
`For the purpose of carrying out this subtitle, there are authorized to be
appropriated $36,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the fiscal years 2001 through 2004.'.
TITLE VIII--SCHOOLWIDE PROGRAM ADJUSTMENT
SEC. 801. SCHOOLWIDE FUNDS.
The Act is amended by adding at the end the following:
`TITLE XVI--SCHOOLWIDE PROGRAM ADJUSTMENT
`SEC. 16001. SCHOOLWIDE PROGRAM ADJUSTMENT.
`Notwithstanding the provisions of section 1114, a local educational
agency may consolidate funds under part A of title I, together with other
Federal, State, and local funds, in order to upgrade the entire educational
program of a school that serves an eligible school attendance area in which
not less than 40 percent of the children are from low-income families, or not
less than 40 percent of the children enrolled in the school are from such
families.'.
TITLE IX--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND EMERGENCY
IMMIGRANT EDUCATION
SEC. 901. PROGRAMS AUTHORIZED.
Title VII of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7401 et seq.) is amended to read as follows:
`TITLE VII--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND
EMERGENCY IMMIGRANT EDUCATION
`PART A--ENGLISH LANGUAGE EDUCATION
`SEC. 7101. SHORT TITLE.
`This part may be cited as the `English Language Proficiency and Academic
Achievement Act'.
`SEC. 7102. FINDINGS AND PURPOSES.
`(a) FINDINGS- The Congress finds that--
`(1) English is the common language of the United States and every
citizen and other person residing in the United States should have a command
of the English language in order to develop to their full potential;
`(2) limited English proficient children must overcome a number of
challenges in receiving an education in order to enable such children to
participate fully in American society, including--
`(A) segregated education programs;
`(B) disproportionate and improper placement in special education and
other special programs due to the use of inappropriate evaluation
procedures;
`(C) the limited English proficiency of their own parents, which
hinders the parents' ability to fully participate in the education of
their children; and
`(D) a need for additional teachers and other staff who are
professionally trained and qualified to serve such children;
`(3) States and local educational agencies need assistance in developing
the capacity to provide programs of instruction that offer and provide an
equal educational opportunity to children who need special assistance
because English is not their dominant language;
`(4) Native Americans and Native American languages (as such terms are
defined in section 103 of the Native American Languages Act), including
native residents of the outlying areas, have a unique status under Federal
law that requires special policies within the broad purposes of this Act to
serve the education needs of language minority students in the United
States;
`(5) the Federal Government, as exemplified by title VI of the Civil
Rights Act of 1964 and section 204(f) of the Equal Education Opportunities
Act of 1974, has a special and continuing obligation to ensure that States
and local educational agencies take appropriate action to provide equal
educational opportunities to children of limited English proficiency;
and
`(6) research, evaluation, and data collection capabilities in the field
of instruction for limited English proficient children need to be
strengthened so that educators and other staff teaching limited English
proficient children in the classroom can better identify and promote
programs, program implementation strategies, and instructional practices
that result in the effective education of limited English proficient
children.
`(b) PURPOSES- The purposes of this part are--
`(1) to help ensure that children who are limited English proficient
attain English proficiency, develop high levels of academic attainment in
English, and meet the same challenging State content standards and
challenging State student performance standards expected of all children;
and
`(2) to develop high quality programs designed to assist local
educational agencies in teaching limited English proficient children.
`SEC. 7103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE
INSTRUCTION.
`(a) NOTIFICATION- If a local educational agency uses funds under this
part to provide English language instruction to limited English proficient
children, the agency shall inform a parent or the parents of a child
participating in an English language instruction program for limited English
proficient children assisted under this part of--
`(1) the reasons for the identification of the child as being in need of
English language instruction;
`(2) the child's level of English proficiency, how such level was
assessed, and the status of the child's academic achievement;
`(3) how the English language instruction program will specifically help
the child acquire English and meet age-appropriate standards for grade
promotion and graduation;
`(4) what the specific exit requirements are for the program;
`(5) the expected rate of transition from the program into a classroom
that is not tailored for limited English proficient children; and
`(6) the expected rate of graduation from high school for the program if
funds under this part are used for children in secondary schools.
`(1) AGENCY REQUIREMENTS-
`(A) INFORMED CONSENT- For a child who has been identified as limited
English proficient prior to the beginning of the school year, each local
educational agency that receives funds under this part shall obtain
informed parental consent prior to the placement of a child in an English
language instruction program for limited English proficient children
funded under this part, if--
`(i) the program does not include classes which exclusively or
almost exclusively use the English language in instruction;
or
`(ii) instruction is tailored for limited English proficient
children.
`(B) WRITTEN CONSENT NOT OBTAINED- If written consent is not obtained,
the local educational agency shall maintain a written record that includes
the date and the manner in which such informed consent was
obtained.
`(C) RESPONSE NOT OBTAINED-
`(i) IN GENERAL- If a response cannot be obtained after a reasonable
and substantial effort has been made to obtain such consent, the local
educational agency shall document that it has given such notice and its
specific efforts made to obtain such consent.
`(ii) DELIVERY OF PROOF OF DOCUMENTATION- The proof of documentation
shall be mailed or delivered in writing to the parents or guardian of
the child prior to placing the child in a program described in
subparagraph (A), and shall include a final notice requesting parental
consent for such services. After such documentation has been mailed or
delivered in writing, the local educational agency shall provide
appropriate educational services.
`(iii) SPECIAL RULE APPLICABLE DURING SCHOOL YEAR- A local
educational agency may obtain parental consent under this clause only
for children who have not been identified as limited English proficient
prior to the beginning of a school year. For such children the agency
shall document, in writing, its specific efforts made to obtain such
consent prior to placing the child in a program described in
subparagraph (A). After such documentation has been made, the local
educational agency shall provide appropriate educational services to
such child. The proof of documentation shall be mailed or delivered in
writing to the parents or guardian of the child in a timely manner and
shall include information on how to have their child immediately removed
from the program upon their request. This clause shall not be construed
as exempting a local educational agency from complying with the
requirements of this paragraph.
`(2) PARENTAL RIGHTS- A parent or the parents of a child participating
in an English language instruction program for limited English proficient
children assisted under subpart 1 or 2 shall--
`(A) select among methods of instruction, if more than one method is
offered in the program; and
`(B) have the right to have their child immediately removed from the
program upon their request.
`(c) RECEIPT OF INFORMATION- A parent or the parents of a child identified
for participation in an English language instruction program for limited
English proficient children assisted under this part shall receive, in a
manner and form understandable to the parent or parents, the information
required by this subsection. At a minimum, the parent or parents shall
receive--
`(1) timely information about English language instruction programs for
limited English proficient children assisted under this part;
`(2) if a parent of a participating child so desires, notice of
opportunities for regular meetings for the purpose of formulating and
responding to recommendations from such parents; and
`(3) procedural information for removing a child from a program for
limited English proficient children.
`(d) BASIS FOR ADMISSION OR EXCLUSION- Students shall not be admitted to
or excluded from any federally assisted education program on the basis of a
surname or language-minority status.
`SEC. 7104. TESTING OF LIMITED ENGLISH PROFICIENT CHILDREN.
`(a) IN GENERAL- Assessments of limited English proficient children
participating in programs funded under this part, to the extent practicable,
shall be in the language and form most likely to yield accurate and reliable
information on what such students know and can do in content areas.
`(b) SPECIAL RULE- Notwithstanding subsection (a), in the case of an
assessment of reading or language arts of any student who has attended school
in the United States (excluding Puerto Rico) for three or more consecutive
school years, the assessment shall be in the form of a test written in
English, except that, if the local educational agency determines, on a
case-by-case individual basis, that assessments in another language and form
would likely yield more accurate and reliable information on what such
students know and can do, the local educational agency may assess such
students in the appropriate language other than English for one additional
year.
`SEC. 7105. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2.
`(a) SUBPART 1- Subpart 1 shall be in effect only for a fiscal year for
which subpart 2 is not in effect.
`(1) IN GENERAL- Subpart 2 shall be in effect only for--
`(A) the first fiscal year for which the amount appropriated to carry
out this part equals or exceeds $220,000,000; and
`(B) all succeeding fiscal years.
`(2) CONTINUATION OF AWARDS- Notwithstanding any other provision of this
part, a State receiving a grant under subpart 2 shall provide one additional
year of funding to eligible entities in accordance with section
7133(3).
`SEC. 7106. AUTHORIZATIONS OF APPROPRIATIONS.
`(a) SUBPART 1 OR 2- Subject to section 7105, for the purpose of carrying
out subpart 1 or 2, as applicable, there are authorized to be appropriated
$220,000,000 for fiscal year 2000 and such sums as may be necessary for the
four succeeding fiscal years.
`(b) SUBPART 3- For the purpose of carrying out subpart 3, there are
authorized to be appropriated $60,000,000 for fiscal year 2000 and such sums
as may be necessary for the four succeeding fiscal years.
`(c) SUBPART 4- For the purpose of carrying out subpart 4, there are
authorized to be appropriated $16,000,000 for fiscal year 2000 and such sums
as may be necessary for the four succeeding fiscal years.
`Subpart 1--Discretionary Grant Program
`SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR LIMITED ENGLISH PROFICIENT
CHILDREN.
`The purpose of this subpart is to assist local educational agencies,
institutions of higher education, and community-based organizations, through
the grants authorized under section 7112, to--
`(1) develop and enhance their capacity to provide high-quality
instruction through English language instruction and programs which assist
limited English proficient children in achieving the same high levels of
academic achievement as other children; and
`(2) help such children--
`(A) develop proficiency in English; and
`(B) meet the same challenging State content standards and challenging
State student performance standards expected for all children as required
by section 1111(b).
`SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL SERVICES.
`(1) IN GENERAL- In accordance with section 7105, before the amount
appropriated to carry out this part for a fiscal year equals or exceeds
$220,000,000, the Secretary is authorized to award grants to eligible
entities having applications approved under section 7114 to enable such
entities to carry out activities described in subsection (b).
`(2) LENGTH OF GRANT- Each grant under this section shall be awarded for
a period of time to be determined by the Secretary based on the type of
grant for which the eligible entity applies.
`(b) AUTHORIZED ACTIVITIES- Grants awarded under this section shall be
used to improve the education of limited English proficient children and their
families, through the acquisition of English and the attainment of challenging
State academic content standards and challenging State performance standards
using scientifically-based research approaches and methodologies, by--
`(1) developing and implementing new English language and academic
content instructional programs for children who are limited English
proficient, including programs of early childhood education and kindergarten
through 12th grade education;
`(2) carrying out highly focused, innovative, locally designed projects
to expand or enhance existing English language and academic content
instruction programs for limited English proficient children;
`(3) implementing, within an individual school, schoolwide programs for
restructuring, reforming, and upgrading all relevant programs and operations
relating to English language and academic content instruction for limited
English proficient students; or
`(4) implementing, within the entire jurisdiction of a local educational
agency, agency-wide programs for restructuring, reforming, and upgrading all
relevant programs and operations relating to English language and academic
content instruction for limited English proficient students.
`(c) USES OF FUNDS- Grants under this section may be used--
`(1) to upgrade program objectives and effective instructional
strategies;
`(2) to improve the instruction program for limited English proficient
students by identifying, acquiring, and upgrading curricula, instructional
materials, educational software, and assessment procedures;
`(A) tutorials and academic or vocational education for limited
English proficient children; and
`(B) intensified instruction;
`(4) to develop and implement comprehensive preschool or elementary or
secondary school English language instructional programs that are
coordinated with other relevant programs and services;
`(5) to provide professional development to classroom teachers,
administrators, and other school or community-based organizational personnel
to improve the instruction and assessment of children who are limited
English proficient children;
`(6) to improve the English language proficiency and academic
performance of limited English proficient children;
`(7) to improve the instruction of limited English proficient children
by providing for the acquisition or development of education technology or
instructional materials, access to and participation in electronic networks
for materials, training and communications, and incorporation of such
resources in curricula and programs, such as those funded under this
subpart;
`(8) to develop tutoring programs for limited English proficient
children that provide early intervention and intensive instruction in order
to improve academic achievement, to increase graduation rates among limited
English proficient children, and to prepare students for transition as soon
as possible into classrooms where instruction is not tailored for limited
English proficient children;
`(9) to provide family literacy services and parent outreach and
training activities to limited English proficient children and their
families to improve their English language skills and assist parents in
helping their children to improve their academic performance; and
`(10) to undertake other activities that are consistent with the
purposes of this subpart.
`(d) SPECIAL RULE- A grant recipient, before carrying out a program
assisted under this section, shall plan, train personnel, develop curricula,
and acquire or develop materials.
`(e) ELIGIBLE ENTITIES- For the purpose of 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 local or
State educational agency.
`SEC. 7113. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
`(a) ELIGIBLE ENTITIES- For the purpose of carrying out programs under
this subpart for individuals served by elementary, secondary, and
postsecondary schools operated predominately for Native American or Alaska
Native children, an Indian tribe, a tribally sanctioned educational authority,
a Native Hawaiian or Native American Pacific Islander native language
education organization, or an elementary or secondary school that is operated
or funded by the Bureau of Indian Affairs shall be considered to be a local
educational agency as such term is used in this subpart, subject to the
following qualifications:
`(1) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any Alaska Native
village or regional or village corporation as defined in or established
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized for the special programs and services provided by
the United States to Indians because of their status as Indians.
`(2) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY- The term `tribally
sanctioned educational authority' means--
`(A) any department or division of education operating within the
administrative structure of the duly constituted governing body of an
Indian tribe; and
`(B) any nonprofit institution or organization that is--
`(i) chartered by the governing body of an Indian tribe to operate
any such school or otherwise to oversee the delivery of educational
services to members of that tribe; and
`(ii) approved by the Secretary for the purpose of this
section.
`(b) ELIGIBLE ENTITY APPLICATION- Notwithstanding any other provision of
this subpart, each eligible entity described in subsection (a) shall submit
any application for assistance under this subpart directly to the Secretary
along with timely comments on the need for the proposed program.
`SEC. 7114. APPLICATIONS.
`(1) SECRETARY- To receive a grant under this subpart, an eligible
entity 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- An eligible entity, with the exception of
schools funded by the Bureau of Indian Affairs, shall submit a copy of its
application under this section to the State educational agency.
`(b) REQUIRED DOCUMENTATION- Such application shall include documentation
that the applicant has the qualified personnel required to develop,
administer, and implement the proposed program.
`(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, and a
comprehensive description of the characteristics relevant to the children
being served.
`(B) An assurance that, if the applicant includes one or more local
educational agencies, each such agency is complying with section 7103(b)
prior to, and throughout, each school year.
`(C) A description of the program to be implemented and how such
program's design--
`(i) relates to the English language and academic needs of the
children of limited English proficiency to be served;
`(ii) is coordinated with other programs under this Act and other
Acts, as appropriate, in accordance with section 14306;
`(iii) involves the parents of the children of limited English
proficiency to be served;
`(iv) ensures accountability in achieving high academic standards;
and
`(v) promotes coordination of services for the children of limited
English proficiency to be served and their families.
`(D) A description, if appropriate, of the applicant's collaborative
activities with institutions of higher education, community-based
organizations, local or State educational agencies, private schools,
nonprofit organizations, or businesses in carrying out the proposed
program.
`(E) An assurance that the applicant will not reduce the level of
State and local funds that the applicant expends for programs for limited
English proficient children if the applicant receives an award under this
subpart.
`(F) An assurance that the applicant will employ teachers in the
proposed program who are proficient in English, including written and oral
communication skills, and another language, if appropriate.
`(G) A budget for grant funds.
`(H) A description, if appropriate of how the applicant annually will
assess the English proficiency of all children with limited English
proficiency participating in programs funded under this subpart.
`(2) ADDITIONAL INFORMATION- Each applicant for a grant under section
7112 who intends to use the grant for a purpose described in paragraph (3)
or (4) of subsection (b) of such section--
`(i) how services provided under this subpart are supplementary to
existing services;
`(ii) how funds received under this subpart will be integrated, as
appropriate, with all other Federal, State, local, and private resources
that may be used to serve children of limited English
proficiency;
`(iii) 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
`(iv) current family literacy programs if applicable;
and
`(B) shall provide assurances that the program funded will be
integrated with the overall educational program.
`(d) APPROVAL OF APPLICATIONS- An application for a grant under this
subpart may be approved only if the Secretary determines that--
`(1) the program will use qualified personnel, including personnel who
are proficient in English and other languages used in instruction, if
appropriate;
`(2) in designing the program for which application is made, the needs
of children in nonprofit private elementary and secondary schools have been
taken into account through consultation with appropriate private school
officials and, 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 those which the
program is intended to address, after consultation with appropriate private
school officials, provision has been made for the participation of such
children on a basis comparable to that provided for public school
children;
`(3) student evaluation and assessment procedures in the program are
valid, reliable, and fair for limited English proficient students, and that
limited English proficient students who are disabled are identified and
served in accordance with the requirements of the Individuals with
Disabilities Education Act;
`(4) Federal funds made available for the project or activity will be
used so as to supplement the level of State and local funds that, in the
absence of such Federal funds, would have been expended for special programs
for limited English proficient children 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 under this
title for activities carried out under an order of a court of the United
States or of any State respecting services to be provided such children, or
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 such
children; and
`(5) the assistance provided under the application will contribute
toward building the capacity of the applicant to provide a program on a
regular basis, similar to that proposed for assistance, which will be of
sufficient size, scope, and quality to promise significant improvement in
the education of students of limited English proficiency, and that the
applicant will have the resources and commitment to continue the program
when assistance under this subpart is reduced or no longer available.
`(e) CONSIDERATION- In approving applications under this subpart, the
Secretary shall give consideration to 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 and
State educational agency, or businesses.
`SEC. 7115. INTENSIFIED INSTRUCTION.
`In carrying out this subpart, each grant recipient may intensify
instruction for limited English proficient students by--
`(1) expanding the educational calendar of the school in which such
student is enrolled to include programs before and after school and during
the summer months;
`(2) applying technology to the course of instruction; and
`(3) providing intensified instruction through supplementary instruction
or activities, including educationally enriching extracurricular activities,
during times when school is not routinely in session.
`SEC. 7116. 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
English language instruction and programs which assist limited English
proficient children in achieving the same high levels of academic achievement
as other children, once Federal assistance is reduced or eliminated.
`SEC. 7117. 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 entities to carry out an approved program, including a
program to serve out-of-school youth.
`SEC. 7118. SPECIAL CONSIDERATION.
`The Secretary shall give special consideration to applications under this
subpart that describe a program that--
`(1) enrolls a large percentage or large number of limited English
proficient students;
`(2) takes into account significant increases in limited English
proficient children, including such children in areas with low
concentrations of such children; and
`(3) ensures that activities assisted under this subpart address the
needs of school systems of all sizes and geographic areas, including rural
and urban schools.
`SEC. 7119. COORDINATION WITH OTHER PROGRAMS.
`In order to secure the most flexible and efficient use of Federal funds,
any State receiving funds under this subpart shall coordinate its program with
other programs under this Act and other Acts, as appropriate, in accordance
with section 14306.
`SEC. 7120. NOTIFICATION.
`The State educational agency, and when applicable, the State board for
postsecondary education, shall be notified within three working days of the
date an award under this subpart is made to an eligible entity within the
State.
`SEC. 7121. 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 own programs and other
Federal education programs, effectively provides for the education of children
of limited English proficiency 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 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.
`(1) IN GENERAL- A State educational agency shall use funds awarded
under this section for programs authorized by this section--
`(A) to assist local educational agencies in the State with program
design, capacity building, assessment of student performance, and program
evaluation; and
`(B) to collect data on the State's limited English proficient
populations and the educational programs and services available to such
populations.
`(2) EXCEPTION- States that do not, as of the date of the enactment of
the Student Results Act of 1999, have in place a system for collecting the
data described in paragraph (1)(B) for all students in such State, are not
required to meet the requirement of such paragraph. In the event such State
develops a system for collecting data on the educational programs and
services available to all students in the State, then such State shall
comply with the requirement of paragraph (1)(B).
`(3) 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.
`(4) SPECIAL RULE- Recipients of funds under this section shall not
restrict the provision of services under this section to federally funded
programs.
`(d) APPLICATIONS- A State educational agency desiring to receive funds
under this section shall submit an application to the Secretary in such form,
at such time, and containing such information and assurances as the Secretary
may require.
`(e) SUPPLEMENT NOT SUPPLANT- 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 to the level of funds that would, in
the absence of such funds, be made available by the State for the purposes
described in this section, and in no case to supplant such funds.
`(f) REPORT TO THE SECRETARY- State educational agencies receiving awards
under this section shall provide for the annual submission of a summary report
to the Secretary describing such State's use of such funds.
`Subpart 2--Formula Grant Program
`SEC. 7131. FORMULA GRANTS TO STATES.
`(a) IN GENERAL- In accordance with section 7105, after the amount
appropriated to carry out this part for a fiscal year equals or exceeds
$220,000,000, in the case of each State that in accordance with section 7133
submits to the Secretary an application for a fiscal year, after reserving
funds under subsection (b), the Secretary shall make a grant for the year to
the State for the purposes specified in subsection (c). The grant shall
consist of the allotment determined for the State under section 7135.
`(b) RESERVATION- From the amount appropriated to carry out this part for
any fiscal year, the Secretary shall reserve not less than .5 percent to
provide Federal financial assistance under this subpart to entities that are
considered to be a local educational agency under section 7113(a).
`(1) REQUIRED EXPENDITURES- The Secretary may make a grant under
subsection (a) only if the State involved agrees that the State will expend
at least 95 percent of the amount of the funds provided under the grant for
the purpose of making subgrants to eligible entities to provide assistance
to limited English proficient children in accordance with section
7134.
`(2) AUTHORIZED EXPENDITURES- Subject to paragraph (3), a State that
receives a grant under subsection (a) may expend not more than 5 percent of
the amount of the funds provided under the grant for one or more of the
following purposes:
`(A) Professional development and activities that assist personnel in
meeting State and local certification requirements for English language
instruction.
`(B) Planning, administration, and interagency coordination related to
the subgrants referred to in paragraph (1).
`(C) Providing technical assistance and other forms of assistance to
local educational agencies that--
`(i) educate limited English proficient children; and
`(ii) are not receiving a subgrant from a State under this
subpart.
`(D) Providing bonuses to subgrantees whose performance has been
exceptional in terms of the speed with which children enrolled in the
subgrantee's programs and activities attain English language proficiency
and meet challenging State content standards and challenging State student
performance standards.
`(3) LIMITATION ON ADMINISTRATIVE COSTS- In carrying out paragraph (2),
a State that receives a grant under subsection (a) may expend not more than
2 percent of the amount of the funds provided under the grant for the
purposes described in paragraph (2)(B).
`SEC. 7132. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
`(a) ELIGIBLE ENTITIES- For the purpose of carrying out programs under
this subpart for individuals served by elementary, secondary, and
postsecondary schools operated predominately for Native American or Alaska
Native children, the following shall be considered to be a local educational
agency:
`(2) A tribally sanctioned educational authority.
`(3) A Native Hawaiian or Native American Pacific Islander native
language educational organization.
`(4) An elementary or secondary school that is operated or funded by the
Bureau of Indian Affairs, or a consortium of such schools.
`(5) An elementary or secondary school operated under a contract with or
grant from the Bureau of Indian Affairs, in consortium with another such
school or a tribal or community organization.
`(6) An elementary or secondary school operated by the Bureau of Indian
Affairs and an institution of higher education, in consortium with an
elementary or secondary school operated under a contract with or grant from
the Bureau of Indian Affairs or a tribal or community organization.
`(b) SUBMISSION OF APPLICATIONS FOR ASSISTANCE- Notwithstanding any other
provision of this subpart, an entity that is considered to be a local
educational agency under subsection (a), and that desires to submit an
application for Federal financial assistance under this subpart, shall submit
the application to the Secretary. In all other respects, such an entity shall
be eligible for a grant under this subpart on the same basis as any other
local educational agency.
`SEC. 7133. APPLICATIONS BY STATES.
`For purposes of section 7131, an application submitted by a State for a
grant under such section for a fiscal year is in accordance with this section
if the application--
`(1) describes the process that the State will use in making subgrants
to eligible entities under this subpart;
`(2) contains an agreement that the State annually will submit to the
Secretary a summary report, describing the State's use of the funds provided
under the grant;
`(3) contains an agreement that the State--
`(A) will provide 1 year of funding for an application for a subgrant
under section 7134 from an eligible entity that describes a program that,
on the day preceding the date of the enactment of the Student Results Act
of 1999, was receiving funding under a grant--
`(i) awarded by the Secretary under subpart 1 or 3 of part A of the
Bilingual Education Act (as such Act was in effect on such day);
and
`(ii) that was not under its terms due to expire before a period of
1 year or more had elapsed; and
`(B) after such 1-year extension, will give special consideration to
such applications if the period of their award would not yet otherwise
have expired if the Student Results Act of 1999 had not been
enacted.
`(4) contains an agreement that, in carrying out this subpart, the State
will address the needs of school systems of all sizes and in all geographic
areas, including rural and urban schools;
`(5) contains an agreement that subgrants to eligible entities under
section 7134 shall be of sufficient size and scope to allow such entities to
carry out high quality education programs for limited English proficient
children;
`(6) contains an agreement that the State will coordinate its programs
and activities under this subpart with its other programs and activities
under this Act and other Acts, as appropriate;
`(7) contains an agreement that the State--
`(A) shall monitor the progress of students enrolled in programs and
activities receiving assistance under this subpart in attaining English
proficiency and in attaining challenging State content standards and
challenging State performance standards;
`(B) subject to subparagraph (C), after the 1-year period described in
such subparagraph, shall withdraw funding from such programs and
activities in cases where the majority of students are not attaining
English proficiency and attaining challenging State content standards and
challenging State performance standards after three academic years of
enrollment based on the evaluation measures in section 7403(d);
and
`(C) shall provide technical assistance to eligible entities that fail
to satisfy the criterion in subparagraph (B) for 1 year prior to the
withdrawal of funding under such subparagraph;
`(8) contains an assurance that the State will require eligible entities
receiving a subgrant under section 7134 annually to assess the English
proficiency of all children with limited English proficiency participating
in a program funded under this subpart; and
`(9) contains an agreement that States will require eligible entities
receiving a grant under this subpart to use the grant in ways that will
build such recipient's capacity to continue to offer high-quality English
language instruction and programs which assist limited English proficient
children in attaining challenging State content standards and challenging
State performance standards once assistance under this subpart is no longer
available.
`SEC. 7134. SUBGRANTS TO ELIGIBLE ENTITIES.
`(a) PURPOSES OF SUBGRANTS- A State may make a subgrant to an eligible
entity from funds received by the State under this subpart only if the entity
agrees to expend the funds to improve the education of limited English
proficient children and their families, through the acquisition of English and
the attainment of challenging State academic content standards and challenging
State performance standards, using scientifically-based research approaches
and methodologies, by--
`(1) developing and implementing new English language and academic
content instructional programs for children who are limited English
proficient, including programs of early childhood education and kindergarten
through 12th grade education;
`(2) carrying out highly focused, innovative, locally designed projects
to expand or enhance existing English language and academic content
instruction programs for limited English proficient children;
`(3) implementing, within an individual school, schoolwide programs for
restructuring, reforming, and upgrading all relevant programs and operations
relating to English language and academic content instruction for limited
English proficient students; or
`(4) implementing, within the entire jurisdiction of a local educational
agency, agency-wide programs for restructuring, reforming, and upgrading all
relevant programs and operations relating to English language and academic
content instruction for limited English proficient students.
`(b) AUTHORIZED SUBGRANTEE ACTIVITIES-
`(1) IN GENERAL- Subject to paragraph (2), a State may make a subgrant
to an eligible entity from funds received by the State under this subpart in
order that the eligible entity may achieve one of the purposes described in
subsection (a) by undertaking one or more of the following activities to
improve the understanding, and use, of the English language, based on a
child's learning skills:
`(A) Upgrading program objectives and effective instructional
strategies.
`(B) Improving the instruction program for limited English proficient
students by identifying, acquiring, and upgrading curricula, instructional
materials, educational software, and assessment procedures.
`(i) tutorials and academic or vocational education for limited
English proficient children; and
`(ii) intensified instruction.
`(D) Developing and implementing comprehensive preschool or elementary
or secondary school English language instructional programs that are
coordinated with other relevant programs and services.
`(E) Providing professional development to classroom teachers,
administrators, and other school or community-based organizational
personnel to improve the instruction and assessment of children who are
limited English proficient children.
`(F) Improving the English language proficiency and academic
performance of limited English proficient children.
`(G) Improving the instruction of limited English proficient children
by providing for the acquisition or development of education technology or
instructional materials, access to and participation in electronic
networks for materials, training and communications, and incorporation of
such resources in curricula and programs, such as those funded under this
subpart.
`(H) Developing tutoring programs for limited English proficient
children that provide early intervention and intensive instruction in
order to improve academic achievement, to increase graduation rates among
limited English proficient children, and to prepare students for
transition as soon as possible into classrooms where instruction is not
tailored for limited English proficient children.
`(I) Providing family literacy services and parent outreach and
training activities to limited English proficient children and their
families to improve their English language skills and assist parents in
helping their children to improve their academic performance.
`(J) Other activities that are consistent with the purposes of this
subpart.
`(2) MOVING CHILDREN OUT OF SPECIALIZED CLASSROOMS- Any program or
activity undertaken by an eligible entity using a subgrant from a State
under this subpart shall be designed to assist students enrolled in the
program or activity to attain English proficiency and meet challenging State
content standards and challenging State performance standards as soon as
possible and to move into a classroom where instruction is not tailored for
limited English proficient children.
`(c) SELECTION OF METHOD OF INSTRUCTION- To receive a subgrant from a
State under this subpart, an eligible entity shall select one or more methods
or forms of instruction to be used in the programs and activities undertaken
by the entity to assist limited English proficient children to attain English
proficiency and meet challenging State content standards and challenging State
student performance standards. Such selection shall be consistent with
sections 7406 and 7407.
`(d) DURATION OF SUBGRANTS- The duration of a subgrant made by a State
under this section shall be determined by the State in its discretion.
`(e) APPLICATIONS BY ELIGIBLE ENTITIES-
`(1) IN GENERAL- To receive a subgrant from a State under this subpart,
an eligible entity shall submit an application to the State at such time, in
such form, and containing such information as the State may require.
`(2) REQUIRED DOCUMENTATION- The application shall describe the programs
and activities proposed to be developed, implemented, and administered under
the subgrant and shall provide an assurance that the applicant will only
employ teachers and other personnel for the proposed programs and activities
who are proficient in English, including written and oral communication
skills.
`(3) REQUIREMENTS FOR APPROVAL- A State may approve an application
submitted by an eligible entity for a subgrant under this subpart only if
the State determines that--
`(A) the eligible entity will use qualified personnel who have
appropriate training and professional credentials in teaching English to
children who are limited English proficient;
`(B) if the eligible entity includes one or more local educational
agencies, each such agency is complying with section 7103(b) prior to, and
throughout, each school year;
`(C) the eligible entity annually will assess the English proficiency
of all children with limited English proficiency participating in programs
funded under this subpart;
`(D) the eligible entity has based its proposal on sound research and
theory;
`(E) the eligible entity has described in the application how students
enrolled in the programs and activities proposed in the application will
be fluent in English after three academic years of enrollment;
`(F) the eligible entity will ensure that programs will enable
children to speak, read, write, and comprehend the English language and
meet challenging State content and challenging State performance
standards; and
`(G) the eligible entity is not in violation of any State law,
including State constitutional law, regarding the education of limited
English proficient children, consistent with sections 7406 and
7407.
`(4) QUALITY- In determining which applications to select for approval,
a State shall consider the quality of each application and ensure that it is
of sufficient size and scope to meet the purposes of this subpart.
`(f) ELIGIBLE ENTITIES- For the purpose of 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 local or
State educational agency.
`SEC. 7135. DETERMINATION OF AMOUNT OF ALLOTMENT.
`(a) IN GENERAL- Except as provided in subsections (b), (c), and (d), from
the sum available for the purpose of making grants to States under this
subpart for any fiscal year, the Secretary shall allot to each State an amount
which bears the same ratio to such sum as the total number of children who are
limited English proficient and who reside in the State bears to the total
number of such children residing in all States (excluding the Commonwealth of
Puerto Rico and the outlying areas) that, in accordance with section 7133,
submit to the Secretary an application for the year.
`(b) PUERTO RICO- From the sum available for the purpose of making grants
to States under this subpart for any fiscal year, the Secretary shall allot to
the Commonwealth of Puerto Rico an amount equal to 1.5 percent of the sums
appropriated under section 7106(a).
`(1) TOTAL AVAILABLE FOR ALLOTMENT- From the sum available for the
purpose of making grants to States under this subpart for any fiscal year,
the Secretary shall allot to the outlying areas, in accordance with
paragraph (2), a total amount equal to .5 percent of the sums appropriated
under section 7106(a).
`(2) DETERMINATION OF INDIVIDUAL AREA AMOUNTS- From the total amount
determined under paragraph (1), the Secretary shall allot to each outlying
area an amount which bears the same ratio to such amount as the total number
of children who are limited English proficient and who reside in the
outlying area bears to the total number of such children residing in all
outlying areas that, in accordance with section 7133, submit to the
Secretary an application for the year.
`(1) IN GENERAL- Notwithstanding subsections (a) through (c), and
subject to section 7105, the Secretary shall not allot to any State, for
fiscal years 2000 through 2004, an amount that is less than 100 percent of
the baseline amount for the State.
`(2) BASELINE AMOUNT DEFINED- For purposes of this subsection, the term
`baseline amount', when used with respect to a State, means the total amount
received under this part for fiscal year 2000 by the State, the State
educational agency, and all local educational agencies of the State.
`(3) RATABLE REDUCTION- If the amount available for allotment under this
section for any fiscal year is insufficient to permit the Secretary to
comply with paragraph (1), the Secretary shall ratably reduce the allotments
to all States for such year.
`(e) USE OF STATE DATA FOR DETERMINATIONS- For purposes of subsections (a)
and (c), any determination of the number of children who are limited English
proficient and reside in a State shall be made using the most recent limited
English proficient school enrollment data available to, and reported to the
Secretary by, the State. The State shall provide assurances to the Secretary
that such data are valid and reliable.
`(f) NO REDUCTION PERMITTED BASED ON TEACHING METHOD- The Secretary may
not reduce a State's allotment based on the State's selection of the immersion
method of instruction as its preferred method of teaching the English language
to children who are limited English proficient.
`SEC. 7136. DISTRIBUTION OF GRANTS TO ELIGIBLE ENTITIES.
`Of the amount required to be expended by a State for subgrants to
eligible entities--
`(1) at least one-half shall be allocated to eligible entities that
enroll a large percentage or a large number of children who are limited
English proficient, as determined based on the relative enrollments of such
children enrolled in the eligible entities; and
`(2) the remainder shall be allocated on a competitive basis to--
`(A) eligible entities within the State to address a need brought
about through a significant increase, as compared to the previous 2 years,
in the percentage or number of children who are limited English proficient
in a school or local educational agency, including schools and agencies in
areas with low concentrations of such children; and
`(B) other eligible entities serving limited English proficient
children.
`SEC. 7137. SPECIAL RULE ON PRIVATE SCHOOL PARTICIPATION.
`For purposes of this Act, this subpart shall be treated as a covered
program, as defined in section 14101(10).
`Subpart 3--Professional Development
`SEC. 7141. PURPOSE.
`The purpose of this subpart is to assist in preparing educators to
improve educational services for limited English proficient children by
supporting professional development programs primarily aimed at improving and
developing the skills of instructional staff in elementary and secondary
schools and on assisting limited English proficient children to attain English
proficiency and meet challenging State academic content standards and
challenging State performance standards.
`SEC. 7142. PROFESSIONAL DEVELOPMENT AND FELLOWSHIPS.
`(1) IN GENERAL- The Secretary is authorized to award grants, as
appropriate, to local educational agencies, institutions of higher
education, State educational agencies, public and private organizations in
consortium with a local educational agency, or a consortium of such agencies
or institutions, except that any such consortium shall include a local
educational agency.
`(2) GRANT PURPOSE- Grants awarded under this section shall be used for
one or more of the following purposes:
`(A) To develop and provide ongoing in-service professional
development, including professional development necessary to receive
certification as a teacher of limited English proficient children, for
teachers of limited English proficient children, school administrators
and, if appropriate, pupil services personnel, and other educational
personnel who are involved in, or preparing to be involved in, the
provision of educational services to limited English proficient
children.
`(B) To provide for the incorporation of courses and curricula on
appropriate and effective instructional and assessment methodologies,
strategies, and resources specific to limited English proficient students
into in-service professional development programs for teachers,
administrators and, if appropriate, pupil services personnel, and other
educational personnel in order to prepare such individuals to provide
effective services to limited English proficient students.
`(C) To upgrade the qualifications and skills of teachers to ensure
that they are fully qualified (as defined by section 1610) and meet high
professional standards, including certification and licensure as a teacher
of limited English proficient students.
`(D) To upgrade the qualifications and skills of paraprofessionals to
ensure they meet the requirements under section 1119 and meet high
professional standards to assist, as appropriate, teachers who instruct
limited English proficient students.
`(E) To train secondary school students as teachers of limited English
proficient children and to train, as appropriate, other education
personnel to serve limited English proficient students.
`(F) To award fellowships for--
`(i) study in such areas as teacher training, program
administration, research and evaluation, and curriculum development, at
the master's, doctoral, or post-doctoral degree level, related to
instruction of children and youth of limited English proficiency;
and
`(ii) the support of dissertation research related to such
study.
`(G) To recruit elementary and secondary school teachers of limited
English proficient children.
`(b) DURATION AND LIMITATION-
`(1) GRANT PERIOD- Each grant under this section shall be awarded for a
period of not more than 5 years.
`(2) LIMITATION- Not more than 15 percent of the amount of the grant may
be expended for the purposes described in subparagraphs (F) and (G) of
subsection (a)(2).
`(c) PROFESSIONAL DEVELOPMENT REQUIREMENTS-
`(1) ACTIVITIES- A recipient of a grant under this section may use the
grant funds for the following professional development activities:
`(A) Designing and implementing of induction programs for new
teachers, including mentoring and coaching by trained teachers, team
teaching with experienced teachers, compensation for, and availability of,
time for observation of, and consultation with, experienced teachers, and
compensation for, and availability of, additional time for course
preparation.
`(B) Implementing collaborative efforts among teachers to improve
instruction in reading and other core academic areas for students with
limited English proficiency, including programs that facilitate teacher
observation and analysis of fellow teachers' classroom practice.
`(C) Supporting long-term collaboration among teachers and outside
experts to improve instruction of limited English proficient
students.
`(D) Coordinating project activities with other programs, such as
those under the Head Start Act, and titles I and II of this Act, and
titles II and V of the Higher Education Act of 1965.
`(E) Developing curricular materials and assessments for teachers that
are aligned with State and local standards and the needs of the limited
English proficient students to be served.
`(F) Instructing teachers and, where appropriate, other personnel
working with limited English children on how--
`(i) to utilize test results to improve instruction for limited
English proficient children so the children can meet the same
challenging State content standards and challenging State performance
standards as other students; and
`(ii) to help parents understand the results of such
assessments.
`(G) Contracting with institutions of higher education to allow them
to provide in-service training to teachers, and, where appropriate, other
personnel working with limited English proficient children to improve the
quality of professional development programs for limited English
proficient students.
`(H) Such other activities as are consistent with the purpose of this
section.
`(2) ADDITIONAL REQUIREMENTS FOR PROFESSIONAL DEVELOPMENT FUNDS- Uses of
funds received under this section for professional development--
`(A) shall advance teacher understanding of effective instructional
strategies based on scientifically based research for improving student
achievement;
`(B) shall be of sufficient intensity and duration (not to include
1-day or short-term workshops and conferences) to have a positive and
lasting impact on teachers' performance in the classroom;
`(C) shall be developed with extensive participation of teachers,
principals, parents, and administrators of schools to be served under
subparts 1 and 2 of part A; and
`(D) as a whole, shall be regularly evaluated for their impact on
increased teacher effectiveness and improved student achievement, with the
findings of such evaluations used to improve the quality of professional
development.
`(d) FELLOWSHIP REQUIREMENTS-
`(1) IN GENERAL- Any person receiving a fellowship under subsection
(a)(2)(F) shall agree--
`(A) to work as a teacher of limited English proficient children, or
in a program or an activity funded under this part, for a period of time
equivalent to the period of time during which the person receives such
fellowship; or
`(B) to repay the amount received pursuant to the fellowship
award.
`(2) REGULATIONS- The Secretary shall establish in regulations such
terms and conditions for agreements under paragraph (1) as the Secretary
deems reasonable and necessary and may waive the requirement of such
paragraph in extraordinary circumstances.
`(3) PRIORITY- In awarding fellowships under this section, the Secretary
shall give priority to fellowship applicants applying for study or
dissertation research at institutions of higher education that have
demonstrated a high level of success in placing fellowship recipients into
employment in elementary and secondary schools.
`(4) INFORMATION- The Secretary shall include information on the
operation and the number of fellowships awarded under this section in the
evaluation required under section 7145.
`SEC. 7143. APPLICATION.
`(1) SUBMISSION TO SECRETARY- In order to receive a grant under section
7142, an agency, institution, organization, or consortium described in
subsection (a)(1) of such 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 such application shall include--
`(A) a description of the proposed professional development or
graduate fellowship programs to be implemented with the grant;
`(B) a description of the scientific research on which the program or
programs are based; and
`(C) an assurance that funds will be used to supplement and not
supplant other professional development activities that affect the
teaching and learning in elementary and secondary schools, as
appropriate.
`(b) APPROVAL- The Secretary shall only approve an application under this
section if it meets the requirements of this section and is of sufficient
quality to meet the purposes of this subpart.
`(1) OUTREACH AND TECHNICAL ASSISTANCE- The Secretary shall provide for
outreach and technical assistance to institutions of higher education
eligible for assistance under titles III and V 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 under this subpart.
`(2) DISTRIBUTION- In making awards under this subpart, the Secretary
shall ensure adequate representation of Hispanic-serving institutions (as
defined in section 502 of the Higher Education Act of 1965) that demonstrate
competence and experience in the programs and activities authorized under
this subpart and are otherwise qualified.
`SEC. 7144. PROGRAM EVALUATIONS.
`Each recipient of funds under this subpart shall provide the Secretary
with an evaluation of the program assisted under this subpart every 2 years.
Such evaluation shall include data on--
`(1) post-program placement of persons trained in a program assisted
under this subpart;
`(2) how such training relates to the employment of persons served by
the program;
`(3) program completion; and
`(4) such other information as the Secretary may require.
`SEC. 7145. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.
`Not more than 10 percent of the funds received under this subpart may be
used to develop any program participant's competence in a second language for
use in instructional programs.
`Subpart 4--Research, Evaluation, and Dissemination
`SEC. 7151. AUTHORITY.
`The Secretary shall conduct and coordinate, through the Office of
Educational Research and Improvement and in coordination with the Office of
Educational Services for Limited English Proficient Children, research for the
purpose of improving English language and academic content instruction for
children who are limited English proficient. Activities under this section
shall be limited to research to identify successful models for teaching
limited English proficient children English, research to identify successful
models for assisting such children to meet challenging State content and
student performance standards, and distribution of research results to States
for dissemination to schools with populations of students who are limited
English proficient. Research conducted under this section may not focus solely
on any one method of instruction.
`PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM
`SEC. 7201. FINDINGS AND PURPOSE.
`(a) FINDINGS- The Congress finds that--
`(1) the education of our Nation's children and youth is one of the most
sacred government responsibilities;
`(2) local educational agencies have struggled to fund adequately
education services; and
`(3) immigration policy is solely a responsibility of the Federal
Government.
`(b) PURPOSE- The purpose of this part is to assist eligible local
educational agencies that experience unexpectedly large increases in their
student population due to immigration to--
`(1) provide high-quality instruction to immigrant children and youth;
and
`(2) help such children and youth--
`(A) with their transition into American society; and
`(B) meet the same challenging State performance standards expected of
all children and youth.
`SEC. 7202. STATE ADMINISTRATIVE COSTS.
`For any fiscal year, a State educational agency may reserve not more than
1.5 percent of the amount allocated to such agency under section 7204 to pay
the costs of performing such agency's administrative functions under this
part.
`SEC. 7203. 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 meet the requirement of any provision of this part, the Secretary shall
notify that agency that further payments will not be made to the agency under
this part, or in the discretion of the Secretary, that the State educational
agency shall not make further payments under this part 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 part, or payments by the State educational
agency under this part 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. 7204. STATE ALLOCATIONS.
`(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 2000 through 2004 for the purpose set forth in section
7201(b).
`(1) IN GENERAL- Except as provided in subsections (c) and (d), of the
amount appropriated for each fiscal year for this part, each State
participating in the program assisted under this part shall receive an
allocation equal to the proportion of such State's number of immigrant
children and youth who are enrolled in public elementary or secondary
schools under the jurisdiction of each local educational agency described in
paragraph (2) within such State, and in nonpublic elementary or secondary
schools within the district served by each such local educational agency,
relative to the total number of immigrant children and youth so enrolled in
all the States participating in the program assisted under this part.
`(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES- The local educational agencies
referred to in paragraph (1) are those local educational agencies in which
the sum of the number of immigrant children and youth who are enrolled in
public elementary or secondary schools under the jurisdiction of such
agencies, and in nonpublic elementary or secondary schools within the
districts served by such agencies, during the fiscal year for which the
payments are to be made under this part, is equal to--
`(B) at least 3 percent of the total number of students enrolled in
such public or nonpublic schools during such fiscal year,
whichever number 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 allocation under
this section that such State would otherwise have received had such
determination been made on the basis of accurate data.
`(d) REALLOCATION- Whenever the Secretary determines that any amount of a
payment made to a State under this part 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. Any amount made available to a State from any appropriation for a
fiscal year in accordance with the preceding sentence shall, for purposes of
this part, 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 part, if
the amount appropriated to carry out this part 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 part for such year to award grants, on a
competitive basis, to local educational agencies within the State as
follows:
`(A) At least one-half of such grants 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) Funds reserved under this paragraph and not made available under
subparagraph (A) may be distributed to local educational agencies within
the State experiencing a sudden influx of immigrant children and youth
which are otherwise not eligible for assistance under this part.
`(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 7207.
`(3) INFORMATION- Local educational agencies with the highest number of
immigrant children and youth receiving funds under paragraph (1) may make
information available on serving immigrant children and youth to local
educational agencies in the State with sparse numbers of such
children.
`SEC. 7205. STATE APPLICATIONS.
`(a) SUBMISSION- No State educational agency shall receive any payment
under this part 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 part are made will be administered by or under the
supervision of the agency;
`(2) provide assurances that payments under this part will be used for
purposes set forth in sections 7201(b) and 7207, including a description of
how local educational agencies receiving funds under this part will use such
funds to meet such purposes and will coordinate with other programs assisted
under this Act and other Acts as appropriate;
`(3) provide an assurance that local educational agencies receiving
funds under this part will coordinate the use of such funds with programs
assisted under part A or title I;
`(4) provide assurances that such payments, with the exception of
payments reserved under section 7204(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 7204(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 part 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 part;
`(7) provide assurances--
`(A) that to the extent consistent with the number of immigrant
children and youth enrolled in the nonpublic elementary 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 part to any
materials, equipment, and property repaired, remodeled, or constructed
with those funds shall be in a public agency for the uses and purposes
provided in this part, 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 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 7204(e) be awarded on a
competitive basis based on merit and need in accordance with such
subsection; and
`(9) provide an assurance that State and local educational agencies
receiving funds under this part will comply with the requirements of section
1120(b).
`(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 which 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.
`SEC. 7206. 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 7205 of the amount of such agency's allocation under
section 7204 for the succeeding year.
`(b) SERVICES TO CHILDREN ENROLLED IN NONPUBLIC SCHOOLS- If by reason of
any provision of law a local educational agency is prohibited from providing
educational services for children enrolled in elementary and secondary
nonpublic schools, as required by section 7205(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 children
enrolled in such schools, the Secretary may waive such requirement and shall
arrange for the provision of services, subject to the requirements of this
part, to such children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in accordance with the
provisions of title I.
`SEC. 7207. USES OF FUNDS.
`(a) USE OF FUNDS- Funds awarded under this part 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) salaries 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 to be used in the program;
`(5) basic instructional services which are directly attributable to the
presence in the school district of immigrant children, including the costs
of providing additional classroom supplies, overhead costs, costs of
construction, acquisition or rental of space, costs of transportation, or
such other costs as are directly attributable to such additional basic
instructional services; and
`(6) such other activities, related to the purposes of this part, as the
Secretary may authorize.
`(b) CONSORTIA- A local educational agency that receives a grant under
this part may collaborate or form a consortium with one or more local
educational agencies, institutions of higher education, and nonprofit
organizations to carry out the program described in an application approved
under this part.
`(c) SUBGRANTS- A local educational agency that receives a grant under
this part 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 entities to carry out a program
described in an application approved under this part, including a program to
serve out-of-school youth.
`(d) CONSTRUCTION- Nothing in this part shall be construed to prohibit a
local educational agency from serving immigrant children simultaneously with
students with similar educational needs, in the same educational settings
where appropriate.
`SEC. 7208. REPORTS.
`(a) BIENNIAL REPORT- Each State educational agency receiving funds under
this part shall submit, once every 2 years, a report to the Secretary
concerning the expenditure of funds by local educational agencies under this
part. Each local educational agency receiving funds under this part 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 the Congress concerning programs
assisted under this part in accordance with section 14701.
`SEC. 7209. AUTHORIZATION OF APPROPRIATIONS.
`For the purpose of carrying out this part, there are authorized to be
appropriated $175,000,000 for fiscal year 2000 and such sums as may be
necessary for each of the 4 succeeding fiscal years.
`PART C--ADMINISTRATION
`SEC. 7301. REPORTING REQUIREMENTS.
`(a) STATES- Based upon the evaluations provided to a State under section
7403, each State receiving a grant under this title annually shall report to
the Secretary on programs and activities undertaken by the State under this
title and the effectiveness of such programs and activities in improving the
education provided to children who are limited English proficient.
`(b) SECRETARY- Every other year, the Secretary shall prepare and submit
to the Committee on Education and the Workforce of the House of
Representatives and the Committee on Labor and Human Resources of the Senate a
report on programs and activities undertaken by States under this title and
the effectiveness of such programs and activities in improving the education
provided to children who are limited English proficient.
`SEC. 7302. 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 students that are
administered by the Department and other agencies.
`PART D--GENERAL PROVISIONS
`SEC. 7401. DEFINITIONS.
`For purposes of this title:
`(1) CHILDREN AND YOUTH- The term `children and youth' means individuals
aged 3 through 21.
`(2) COMMUNITY-BASED ORGANIZATION- The term `community-based
organization' means a private nonprofit organization of demonstrated
effectiveness or Indian tribe or tribally sanctioned educational authority
which is representative of a community or significant segments of a
community and which provides educational or related services to individuals
in the community. Such term includes a Native Hawaiian or Native American
Pacific Islander native language educational organization.
`(3) FAMILY LITERACY SERVICES- The term `family literacy services' means
services provided to participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of sufficient duration, to make
sustainable changes in a family, and that integrate all of the following
activities:
`(A) Interactive literacy activities between parents and their
children.
`(B) Training for parents regarding how to be the primary teacher for
their children and full partners in the education of their
children.
`(C) Parent literacy training that leads to economic
self-sufficiency.
`(D) An age-appropriate education to prepare children for success in
school and life experiences.
`(4) IMMIGRANT CHILDREN AND YOUTH- The term `immigrant children and
youth' means individuals who--
`(A) are aged 3 through 21;
`(B) were not born in any State; and
`(C) have not been attending one or more schools in any one or more
States for more than three full academic years.
`(5) LIMITED ENGLISH PROFICIENT- The term `limited English proficient',
when used with reference to an individual, means an individual--
`(i) was not born in the United States;
`(ii) comes from an environment where a language other than English
is dominant and who normally uses a language other than
English;
`(iii) is a Native American or Alaska Native or who is a native
resident of the outlying areas and who normally uses a language other
than English; or
`(iv) is migratory and whose native language is other than English
and who normally uses a language other than English; and
`(C) who has sufficient difficulty speaking, reading, writing, or
understanding the English language that the difficulty may deny the
individual the opportunity--
`(i) to learn successfully in a classroom where the language of
instruction is English; or
`(ii) to participate fully in society.
`(6) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE- The terms `Native
American' and `Native American language' shall have the same meaning given
such terms in section 103 of the Native American Languages Act of
1990.
`(7) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC ISLANDER NATIVE LANGUAGE
EDUCATIONAL ORGANIZATION- The term `Native Hawaiian or Native American
Pacific Islander native language educational organization' means a nonprofit
organization with a majority of its governing board and employees consisting
of fluent speakers of the traditional Native American languages used in
their educational programs and with not less than 5 years successful
experience in providing educational services in traditional Native American
languages.
`(8) NATIVE LANGUAGE- The term `native language', when used with
reference to an individual who is limited English proficient, means the
language normally used by such individual.
`(9) OUTLYING AREA- The term `outlying area' means any of the
following:
`(A) The Virgin Islands of the United States.
`(D) The Commonwealth of the Northern Mariana Islands.
`(10) PARAPROFESSIONAL- The term `paraprofessional' means an individual
who is employed in preschool, elementary or secondary school under the
supervision of a certified or licensed teacher, including individuals
employed in educational programs serving limited English proficient
children, special education and migrant education.
`(11) STATE- The term `State' means any of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, or any outlying
area.
`(12) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY- The term `tribally
sanctioned educational authority' means--
`(A) any department or division of education operating within the
administrative structure of the duly constituted governing body of an
Indian tribe; and
`(B) any nonprofit institution or organization that is--
`(i) chartered by the governing body of an Indian tribe to operate a
school described in section 7113(a) or otherwise to oversee the delivery
of educational services to members of the tribe; and
`(ii) approved by the Secretary for the purpose of carrying out
programs under subpart 1 of part A for individuals served by a school
described in section 7113(a).
`SEC. 7402. CONSTRUCTION.
`Nothing in subpart 1 or 2 shall be construed to prohibit a local
educational agency from serving limited English proficient children and youth
simultaneously with students with similar educational needs, in the same
educational settings where appropriate.
`SEC. 7403. EVALUATION.
`(a) IN GENERAL- Each eligible entity that receives a subgrant from a
State or a grant from the Secretary under part A shall provide the State or
the Secretary, at the conclusion of every second fiscal year during which the
subgrant or grant is received, with an evaluation, in a form prescribed by the
State or the Secretary, of--
`(1) the programs and activities conducted by the entity with funds
received under part A during the two immediately preceding fiscal
years;
`(2) the progress made by students in learning the English language and
meeting challenging State content standards and challenging State student
performance standards;
`(3) the number and percentage of students in the programs and
activities attaining English language proficiency by the end of each school
year, as determined by a valid and reliable assessment of English
proficiency; and
`(4) the progress made by students in meeting challenging State content
and challenging State performance standards for each of the 2 years after
such students are no longer receiving services under this part.
`(b) USE OF EVALUATION- An evaluation provided by an eligible entity under
subsection (a) shall be used by the entity and the State or the Secretary--
`(1) for improvement of programs and activities;
`(2) to determine the effectiveness of programs and activities in
assisting children who are limited English proficient to attain English
proficiency (as measured consistent with subsection (d)) and meet
challenging State content standards and challenging State student
performance standards; and
`(3) in determining whether or not to continue funding for specific
programs or projects.
`(c) EVALUATION COMPONENTS- An evaluation provided by an eligible entity
under subsection (a) shall include--
`(1) an evaluation of whether students enrolling in a program or
activity conducted by the entity with funds received under part A--
`(A) have attained English proficiency and are meeting challenging
State content standards and challenging State student performance
standards; and
`(B) have achieved a working knowledge of the English language that is
sufficient to permit them to perform, in English, in a classroom that is
not tailored to limited English proficient children; and
`(2) such other information as the State or the Secretary may
require.
`(d) EVALUATION MEASURES- In prescribing the form of an evaluation
provided by an entity under subsection (a), a State or the Secretary shall
approve evaluation measures, as applicable, for use under subsection (c) that
are designed to assess--
`(1) oral language proficiency in kindergarten;
`(2) oral language proficiency, including speaking and listening skills,
in first grade;
`(3) both oral language proficiency, including speaking and listening
skills, and reading and writing proficiency in grades 2 and higher;
and
`(4) attainment of challenging State performance standards.
`SEC. 7404. CONSTRUCTION.
`Nothing in part A shall be construed as requiring a State or a local
educational agency to establish, continue, or eliminate a program of native
language instruction.
`SEC. 7405. LIMITATION ON FEDERAL REGULATIONS.
`The Secretary shall issue regulations under this title only to the extent
that such regulations are necessary to ensure compliance with the specific
requirements of this title.
`SEC. 7406. LEGAL AUTHORITY UNDER STATE LAW.
`Nothing in this title shall be construed to negate or supersede the legal
authority, under State law, of any State agency, State entity, or State public
official over programs that are under the jurisdiction of the State agency,
entity, or official.
`SEC. 7407. CIVIL RIGHTS.
`Nothing in this title shall be construed in a manner inconsistent with
any Federal law guaranteeing a civil right.
`SEC. 7408. RULE OF CONSTRUCTION.
`Nothing in part A shall be construed to limit the preservation or use of
Native American languages as defined in the Native American Languages Act or
Alaska Native languages.
`SEC. 7409. REPORT.
`The Secretary shall prepare, and submit to the Secretary and to the
Committee on Education and the Workforce of the House of Representatives and
the Committee on Health, Education, Labor, and Pensions of the Senate, a
report on--
`(1) the activities carried out part A and the effectiveness of such
activities in increasing the English proficiency of limited English
proficient children and helping them to meet challenging State content
standards and challenging State performance standards;
`(2) the types of instructional programs used under part A to teach
limited English proficient children;
`(3) the number of programs, if any, which were terminated from the
program because they were not able to reach program goals; and
`(4) other information gathered as part of the evaluation conducted
under section 7403.
`SEC. 7410. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
`Programs authorized under subparts 1 and 2 of part A that serve Native
American children, Native Pacific Island children, and children in the
Commonwealth of Puerto Rico, notwithstanding any other provision of part A may
include programs of instruction, teacher training, curriculum development,
evaluation, and testing designed for Native American children learning and
studying Native American languages and children of limited Spanish
proficiency, except that a primary outcome of programs serving such children
shall be increased English proficiency among such children.'.
SEC. 902. CONFORMING AMENDMENT TO DEPARTMENT OF EDUCATION ORGANIZATION
ACT.
(a) IN GENERAL- The Department of Education Organization Act is amended by
striking `Office of Bilingual Education and Minority Languages Affairs' each
place such term appears in the text and inserting `Office of Educational
Services for Limited English Proficient Children'.
(1) SECTION 209- The section heading for section 209 of the Department
of Education Organization Act is amended to read as follows:
`OFFICE OF EDUCATIONAL SERVICES FOR LIMITED ENGLISH PROFICIENT
CHILDREN'.
(2) SECTION 216- The section heading for section 216 of the Department
of Education Organization Act is amended to read as follows:
`SEC. 216. OFFICE OF EDUCATIONAL SERVICES FOR LIMITED ENGLISH PROFICIENT
CHILDREN.'.
(A) SECTION 209- The table of contents of the Department of Education
Organization Act is amended by amending the item relating to section 209
to read as follows:
`Sec. 209. Office of Educational Services for Limited English Proficient
Children.'.
(B) SECTION 216- The table of contents of the Department of Education
Organization Act is amended by amending the item relating to section 216
to read as follows:
`Sec. 216. Office of Educational Services for Limited English Proficient
Children.'.
Passed the House of Representatives October 21, 1999.
Attest:
JEFF TRANDAHL,
Clerk.
END