HR 4518 IH
106th CONGRESS
2d Session
H. R. 4518
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
May 23, 2000
Mr. DOOLEY of California (for himself and Mr. SMITH of Washington) introduced
the following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To amend the Elementary and Secondary Education Act of 1965, to
reauthorize and make improvements to that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Public Education
Reinvestment, Reinvention, and Responsibility Act (Three R's)'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Declaration of priorities.
TITLE I--STUDENT PERFORMANCE
Sec. 102. Findings, policy, and purpose.
Sec. 103. Authorization of appropriations.
Sec. 104. Reservation for school improvement.
Part A--Improving Basic Programs Operated by Local Educational Agencies
Sec. 106. Local educational agency plans.
Sec. 107. Schoolwide programs.
Sec. 109. Assessment and local educational agency and school
improvement.
Sec. 110. State assistance for school support and improvement.
Sec. 111. Parental involvement changes.
Sec. 112. Qualifications for teachers and paraprofessionals.
Sec. 113. Professional development.
Sec. 114. Fiscal requirements.
Sec. 115. Coordination requirements.
Sec. 116. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 117. Amounts for grants.
Sec. 118. Basic grants to local educational agencies.
Sec. 119. Concentration grants.
Sec. 120. Targeted grants.
Sec. 121. Special allocation procedures.
Part B--Even Start Family Literacy Programs
Sec. 131. Program authorized.
Part C--Education of Migratory Children
Sec. 141. Comprehensive needs assessment and service-delivery plan;
authorized activities.
Part D--Prevention and Intervention Programs for Children and Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out
Sec. 151. State plan and State agency applications.
Part E--Federal Evaluations, Demonstrations, and Transition Projects
Sec. 162. Demonstrations of innovative practices.
Part F--Rural Education Development Initiative
Sec. 171. Rural education development initiative.
Part G--General Provisions
Sec. 181. Federal regulations.
Sec. 182. State administration.
TITLE II--TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND CLASS
SIZE
Sec. 201. Teacher and principal quality, professional development, and
class size.
TITLE III--LANGUAGE MINORITY STUDENTS AND INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION
Sec. 301. Language minority students.
Sec. 302. Emergency immigrant education program.
Sec. 303. Indian, Native Hawaiian, and Alaska Native education.
TITLE IV--PUBLIC SCHOOL CHOICE
Sec. 401. Public school choice.
Sec. 402. Development of public school choice programs; report
cards.
TITLE V--IMPACT AID
Sec. 502. Payments relating to Federal acquisition of real
property.
Sec. 503. Payments for eligible federally connected children.
Sec. 504. Maximum amount of basic support payments.
Sec. 505. Basic support payments for heavily impacted local educational
agencies.
Sec. 506. Basic support payments for local educational agencies affected
by removal of Federal property.
Sec. 507. Additional payments for local educational agencies with high
concentrations of children with severe disabilities.
Sec. 508. Application for payments under sections 8002 and 8003.
Sec. 509. Payments for sudden and substantial increases in attendance of
military dependents.
Sec. 511. Federal administration.
Sec. 512. Administrative hearings and judicial review.
Sec. 514. Authorization of appropriations.
Sec. 515. Effective date.
TITLE VI--HIGH PERFORMANCE AND QUALITY EDUCATION INITIATIVES
Sec. 601. High performance and quality education initiatives.
TITLE VII--ACCOUNTABILITY
Sec. 701. Accountability.
TITLE VIII--GENERAL PROVISIONS AND REPEALS
Sec. 801. Repeals, transfers, and redesignations regarding titles VIII
and XIV.
SEC. 2. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section or
other provision, the reference shall be considered to be made to a section or
other provision of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6301 et seq.).
SEC. 3. DECLARATION OF PRIORITIES.
Congress declares that our national educational priorities are to--
(1) introduce real accountability by making public elementary school and
secondary school education funding performance-based rather than a
guaranteed source of revenue for States and local educational
agencies;
(2) require State educational agencies and local educational agencies to
establish high student performance objectives, and to provide the State
educational agencies and local educational agencies with flexibility in
using Federal resources to ensure that the performance objectives are
met;
(3) concentrate Federal funding around a small number of central
education goals, including compensatory education for disadvantaged children
and youth, teacher quality and professional development, programs for
limited English proficient students, public school choice programs,
innovative educational programs, student safety, and the incorporation of
educational technology;
(4) concentrate Federal education funding on impoverished areas where
elementary schools and secondary schools are most likely to be in
distress;
(5) sanction State educational agencies and local educational agencies
that consistently fail to meet established benchmarks; and
(6) reward State educational agencies, local educational agencies, and
elementary schools and secondary schools that demonstrate high
performance.
TITLE I--STUDENT PERFORMANCE
SEC. 101. HEADING.
The heading for title I (20 U.S.C. 6301 et seq.) is amended to read as
follows:
`TITLE I--STUDENT PERFORMANCE'.
SEC. 102. FINDINGS, POLICY, AND PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
`SEC. 1001. FINDINGS, POLICY AND PURPOSE.
`(a) FINDINGS- Congress makes the following findings:
`(1) Despite more than 3 decades of Federal assistance, a sizable
achievement gap remains between low-income and middle-class students.
`(2) The 1994 reauthorization of the Elementary and Secondary Education
Act of 1965 was an important step in focusing our Nation's priorities on
closing the achievement gap between poor and affluent students in the United
States. The Federal Government must continue to build on these improvements
made in 1994 by holding States and local educational agencies accountable
for student achievement.
`(3) States can help close this achievement gap by developing
challenging curriculum content and student performance standards so that all
elementary school and secondary school students perform at an advanced
level. States should implement vigorous and comprehensive student
performance assessments, such as the National Assessment of Educational
Progress (NAEP) so as to measure fully the progress of our Nation's
students.
`(4) In order to ensure that no child is left behind in the new economy,
the Federal Government must better target Federal resources on those
children who are most at-risk for falling behind academically.
`(5)(A) Title I funds have been targeted on high-poverty areas, but not
to the degree they should be as demonstrated by the following:
`(B) Although 95 percent of schools with poverty levels of 75 percent to
100 percent receive title I funding, 20 percent of schools with poverty
levels of 50 to 74 percent do not receive any title I funding.
`(C) Only 64 percent of schools with poverty levels in the 35 percent to
49 percent range receive title I funding.
`(6) Title I funding should be significantly increased and more
effectively targeted to ensure that all low-income students have an
opportunity to excel academically.
`(7) The Federal Government should provide greater decisionmaking
authority and flexibility to schools and teachers in exchange for greater
responsibility for student performance. Federal, State, and local efforts
should be focused on raising the academic achievement of all students. Our
Nation's children deserve nothing less than holding accountable those
responsible for shaping our childrens' future and our country's
future.
`(b) POLICY- Congress declares that it is the policy of the United States
to ensure that all students receive a high-quality education by holding
States, local educational agencies, and elementary schools and secondary
schools accountable for increased student academic performance results, and by
facilitating improved classroom instruction.
`(c) PURPOSES- The purposes of this title are as follows:
`(1) To eliminate the existing 2-tiered educational system, which set
lower academic expectations for impoverished students than for affluent
students.
`(2) To require all States to have challenging content and student
performance standards and assessment measures in place.
`(3) To require all States to ensure adequate yearly progress for all
students by establishing annual, numerical performance objectives.
`(4) To ensure that all title I students receive educational instruction
from a fully qualified teacher.
`(5) To support State and local educational agencies in identifying,
assisting, and correcting low-performing schools.
`(6) To increase Federal funding for part A programs for disadvantaged
students in return for increased academic performance of all students.
`(7) To target Federal funding to local educational agencies serving the
highest percentages of low-income students.'.
SEC. 103. AUTHORIZATION OF APPROPRIATIONS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
`SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
`(a) LOCAL EDUCATIONAL AGENCY GRANTS- For the purpose of carrying out part
A, other than section 1120(e), there are authorized to be appropriated
$12,000,000,000 for fiscal year 2001 and such sums as may be necessary for
each of the 4 succeeding fiscal years.
`(b) EVEN START- For the purpose of carrying out part B, there are
authorized to be appropriated such sums as may be necessary for fiscal year
2001 and each of the 4 succeeding fiscal years.
`(c) EDUCATION OF MIGRATORY CHILDREN- For the purpose of carrying out part
C, there are authorized to be appropriated such sums as may be necessary for
fiscal year 2001 and each of the 4 succeeding fiscal years.
`(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH WHO ARE NEGLECTED,
DELINQUENT, OR AT RISK OF DROPPING OUT- For the purpose of carrying out part
D, there are authorized to be appropriated such sums as may be necessary for
fiscal year 2001 and each of the 4 succeeding fiscal years.
`(e) CAPITAL EXPENSES- For the purpose of carrying out section 1120(e),
there are authorized to be appropriated $12,000,000 for fiscal year 2001 and
$5,000,000 for fiscal year 2002.
`(f) FEDERAL ACTIVITIES- For the purpose of carrying out sections 1501 and
1502, there are authorized to be appropriated such sums as may be necessary
for fiscal year 2001 and each of the 4 succeeding fiscal years.'.
SEC. 104. RESERVATION FOR SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended to read as follows:
`SEC. 1003. RESERVATION FOR SCHOOL IMPROVEMENT.
`(1) IN GENERAL- Each State educational agency shall reserve 2.5 percent
of the amount the State educational agency receives under part A for fiscal
years 2001 and 2002, and 3.5 percent of that amount for fiscal years 2003
through 2005, to carry out paragraph (2) and to carry out the State
educational agency's responsibilities under sections 1116 and 1117,
including the State educational agency's statewide system of technical
assistance and support for local educational agencies.
`(2) USES- Of the amount reserved under paragraph (1) for any fiscal
year, the State educational agency shall make available at least 80 percent
of such amount directly to local educational agencies.
PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
SEC. 105. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
`SEC. 1111. STATE PLANS.
`(1) IN GENERAL- Any State educational agency desiring a grant under
this part shall submit to the Secretary a plan, developed in consultation
with local educational agencies, teachers, pupil services personnel,
administrators (including administrators of programs described in other
parts of this title), local school boards, other staff, and parents, that
satisfies the requirements of this section and that is coordinated with
other programs under this Act, the Individuals with Disabilities Education
Act, the Carl D. Perkins Vocational and Technical Education Act of 1998, and
the Head Start Act.
`(2) CONSOLIDATED PLAN- A State plan submitted under paragraph (1) may
be submitted as part of a consolidated plan under section 8302.
`(b) STANDARDS, ASSESSMENTS, AND ACCOUNTABILITY-
`(1) CHALLENGING STANDARDS-
`(A) IN GENERAL- Each State plan shall demonstrate that the State has
adopted challenging content standards and challenging student performance
standards that will be used by the State, and the local educational
agencies, and elementary schools and secondary schools, within the State
to carry out this part.
`(B) UNIFORMITY- The standards required by subparagraph (A) shall be
the same standards that the State applies to all elementary schools and
secondary schools within the State and all children attending such
schools.
`(C) SUBJECTS- The State shall have such standards for elementary
school and secondary school children served under this part in subjects
determined by the State, but including at least mathematics, science, and
English language arts, and which shall include the same knowledge, skills,
and levels of performance expected of all children.
`(D) STANDARDS- Standards under this paragraph shall
include--
`(i) challenging content standards in academic subjects
that--
`(I) specify what children are expected to know and be able to
do;
`(II) contain coherent and rigorous content; and
`(III) encourage the teaching of advanced skills;
and
`(ii) challenging student performance standards that--
`(I) are aligned with the State's content
standards;
`(II) describe 2 levels of high performance, proficient and
advanced levels of performance, that determine how well children are
mastering the material in the State content standards;
and
`(III) describe a third level of performance, a basic level of
performance, to provide complete information about the progress of the
lower performing children toward achieving to the proficient and
advanced levels of performance.
`(E) ADDITIONAL SUBJECTS- For the subjects in which students will be
served under this part, but for which a State is not required under
subparagraphs (A), (B), and (C) to develop, and has not otherwise
developed, challenging content and student performance standards, the
State plan shall describe a strategy for ensuring that such students are
taught the same knowledge and skills and held to the same expectations as
are all children.
`(F) SPECIAL RULE- In the case of a State that allows local
educational agencies to adopt more rigorous standards than those set by
the State, local educational agencies shall be allowed to implement such
standards.
`(2) ADEQUATE YEARLY PROGRESS-
`(A) IN GENERAL- Each State plan shall demonstrate, based on
assessments described under paragraph (4), what constitutes adequate
yearly progress of--
`(i) any school served under this part toward enabling all children
to meet the State's challenging student performance
standards;
`(ii) any local educational agency that receives funds under this
part toward enabling all children in schools served by the local
educational agency and receiving assistance under this part to meet the
State's challenging student performance standards; and
`(iii) the State in enabling all children in schools receiving
assistance under this part to meet the State's challenging student
performance standards.
`(B) DEFINITION- Adequate yearly progress shall be defined by the
State in a manner that--
`(i) applies the same high standards of academic performance to all
students in the State;
`(ii) takes into account the progress of all students in the State
and in each local educational agency and school served under section
1114 or 1115;
`(iii) uses the State challenging content and challenging student
performance standards and assessments described in paragraphs (1) and
(4);
`(iv) compares separately, within each State, local educational
agency, and school, the performance and progress of students, by each
major ethnic and racial group, by gender, by English proficiency status,
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 performance levels in the same grade in the previous
school year;
`(vi) endeavors to include other academic measures such as
promotion, attendance, drop-out rates, completion of college preparatory
courses, college admission tests taken, and secondary school completion,
except that failure to meet another academic measure, other than student
performance on State assessments aligned with State standards, shall not
provide the sole basis for designating a district or school as in need
of improvement;
`(vii) includes annual numerical objectives for improving the
performance of all groups described in clause (iv) and narrowing gaps in
performance between these groups in, at least, the areas of mathematics
and English language arts; and
`(viii) includes a timeline for ensuring that each group of students
described in clause (iv) meets or exceeds the State's proficient level
of performance on each State assessment used for the purposes of this
section and section 1116 not later than 10 years after the date of
enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act.
`(C) ACCOUNTABILITY- Each State plan shall demonstrate that the State
has developed and is implementing a statewide accountability system that
has been or will be effective in ensuring that all local educational
agencies, elementary schools, and secondary schools are making adequate
yearly progress as defined in section 1111(b)(2)(B). Each State
accountability system shall--
`(i) be based on the standards and assessments adopted under
paragraphs (1) and (4) and take into account the performance of all
students required by law to be included in such assessments;
`(ii) be the same accountability system the State uses for all
schools or all local educational agencies, if the State has an
accountability system for all schools or all local educational
agencies;
`(iii) provide for the identification of schools or local
educational agencies receiving funds under this part that for 2
consecutive years have exceeded such schools' or agencies' adequate
yearly progress goals so that information about the practices and
strategies of such schools or agencies can be disseminated to other
schools in the local educational agency and in the State and such
schools can be considered for rewards provided under title VII of this
Act;
`(iv) provide for the identification of schools and local
educational agencies in need of improvement, as required by section
1116, and for the provision of technical assistance, professional
development, and other capacity-building as needed, including those
measures specified in sections 1116(d)(9) and 1117, to ensure that
schools and local educational agencies so identified have the resources,
skills, and knowledge needed to carry out their obligations under
sections 1114 and 1115 and to meet the requirements for annual
improvement described in paragraph (2); and
`(v) provide for the identification of schools and local educational
agencies for corrective action or actions as required by section 1116,
and for the implementation of corrective actions against school and
school districts when such actions are required under such
section.
`(D) ANNUAL IMPROVEMENT FOR STATES- For a State to make adequate
yearly progress under subparagraph (A)(iii), not less than 90 percent of
the local educational agencies within the State shall meet the State's
criteria for adequate yearly progress.
`(E) ANNUAL IMPROVEMENT FOR LOCAL EDUCATIONAL AGENCIES- For a local
educational agency to make adequate yearly progress under subparagraph
(A)(ii), not less than 90 percent of the schools served by the
local educational agency shall meet the State's criteria for adequate yearly
progress.
`(F) ANNUAL IMPROVEMENT FOR SCHOOLS- For an elementary school or a
secondary school to make adequate yearly progress under subparagraph
(A)(i), not less than 90 percent of each group of students described in
subparagraph (B)(iv) who are enrolled in such school shall take the
assessments described in paragraph (4)(D) and in section 612(a)(17)(A) of
the Individuals with Disabilities Education Act.
`(G) PUBLIC NOTICE AND COMMENT-
`(i) IN GENERAL- Each State shall submit information in the State
plan demonstrating that in developing such plan--
`(I) the State diligently sought public comment from a range of
institutions and individuals in the State with an interest in improved
student achievement; and
`(II) the State made and will continue to make a substantial
effort to ensure that information regarding content standards,
performance standards, assessments, and the State accountability
system is widely known and understood by the public, parents,
teachers, and school administrators throughout the
State.
`(ii) EFFORTS- The efforts described in clause (i), at a minimum,
shall include annual publication of such information and explanatory
text to the public through such means as the Internet, the media, and
public agencies. Non-English language shall be used to communicate with
parents where appropriate.
`(H) REVIEW- The Secretary shall review information from each State on
the adequate yearly progress of schools and local educational agencies
within the State required under subparagraphs (A) and (B) for the purpose
of determining State and local compliance with section 1116.
`(3) STATE AUTHORITY- If a State educational agency provides evidence
that is satisfactory to the Secretary that neither the State educational
agency nor any other State government official, agency, or entity has
sufficient authority under State law to adopt curriculum content and student
performance standards, and assessments aligned with such standards, that
will be applicable to all students enrolled in the State's public schools,
then the State educational agency may meet the requirements of this
subsection by--
`(A) adopting curriculum content and student performance standards and
assessments that meet the requirements of this subsection, on a statewide
basis, and limiting the applicability of such standards and assessments to
students served under this part; or
`(B) adopting and implementing policies that ensure that each local
educational agency within a State receiving a grant under this part will
adopt curriculum content and student performance standards and
assessments--
`(i) that are aligned with the standards described in subparagraph
(A); and
`(ii) that meet the criteria in this subsection and any regulations
regarding such standards and assessments that the Secretary may publish
and that are applicable to all students served by each such local
educational agency.
`(4) ASSESSMENTS- Each State plan shall demonstrate that the State has
implemented a set of high quality, yearly student assessments that include,
at a minimum, assessments in mathematics, science, and English language
arts, that will be used, starting not later than the 2000-2001 school year
as the primary means of determining the yearly performance of each local
educational agency and school served by the State under this title in
enabling all children to meet the State's challenging content and student
performance standards. Such assessments shall--
`(A) be the same assessments used to measure the performance of all
children, if the State measures the performance of all children;
`(B) be aligned with the State's challenging content and student
performance standards, and provide coherent information about student
attainment of such standards;
`(C) be used only for purposes for which such assessments are valid
and reliable, and be consistent with relevant, nationally recognized
professional and technical standards for such assessments;
`(D) measure the performance of students against the challenging State
content and student performance standards, and be administered not less
than once during--
`(ii) grades 6 through 9; and
`(iii) grades 10 through 12;
`(E) include multiple, up-to-date measures of student performance,
including measures that assess higher order thinking skills and
understanding;
`(i) the participation in such assessments of all
students;
`(ii) the reasonable adaptations and accommodations for students
with disabilities as defined in 602(3) of the Individuals with
Disabilities Education Act necessary to measure the achievement of such
students relative to State content and student performance
standards;
`(iii) in the case of a student with limited English proficiency,
the assessment of such student in the student's native language if such
a native language assessment
is more likely than an English language assessment to yield accurate and
reliable information on what that student knows and is able to do; and
`(iv) notwithstanding clause (iii), the assessment (using tests
written in English) of English language arts of any student who has
attended school in the United States (not including the Commonwealth of
Puerto Rico) for 3 or more consecutive school years, except if the local
educational agency determines, on a case-by-case individual basis, that
assessments in another language and form would likely yield more
accurate and reliable information on what such students know and can do,
the local educational agency may assess such students in the appropriate
language other than English for 1 additional consecutive year beyond the
third consecutive year; and
`(G) include students who have attended schools in a local educational
agency for a full academic year but have not attended a single school for
a full academic year, except that the performance of students who have
attended more than 1 school in the local educational agency in any
academic year shall be used only in determining the progress of the local
educational agency;
`(H) provide individual student reports to be submitted to parents,
including assessment scores or other information on the attainment of
student performance standards; and
`(I) enable results to be disaggregated within each State, local
educational agency, and school by gender, by each major racial and ethnic
group, by English proficiency status, and by economically disadvantaged
students as compared to students who are not economically
disadvantaged.
`(5) RIGOROUS CRITERIA- States are encouraged to use rigorous criteria
assessment measures.
`(6) FIRST GRADE LITERACY ASSESSMENT- In addition to those assessments
described in paragraph (4), each State receiving funds under this part shall
describe in its State plan what reasonable steps it is taking to assist and
encourage local educational agencies--
`(A) to measure literacy skills of first graders in schools receiving
funds under this part by providing assessments of first graders that
are--
`(i) developmentally appropriate;
`(ii) aligned with State content and student performance standards;
and
`(iii) scientifically research-based; and
`(B) to assist and encourage local educational agencies receiving
funds under this part in identifying and taking developmentally
appropriate and effective interventions in any school served under this
part in which a substantial number of first graders have not demonstrated
grade-level literacy proficiency by the end of the school year.
`(7) LANGUAGE ASSESSMENTS- Each State plan shall identify the languages
other than English and Spanish that are present in the participating student
populations in the State, and indicate the languages for which yearly
student assessments are not available and are needed. The State may request
assistance from the Secretary if linguistically accessible assessment
measures are needed. Upon request, the Secretary shall assist with the
identification of appropriate assessment measures in the needed languages,
but shall not mandate a specific assessment or mode of instruction.
`(8) ASSESSMENT DEVELOPMENT- A State shall develop and implement the
State assessments, including, at a minimum, mathematics and English language
arts, by the 2000-2001 school year.
`(9) REQUIREMENT- Each State plan shall describe--
`(A) how the State educational agency will assist each local
educational agency and school affected by the State plan to develop the
capacity to comply with each of the requirements of sections 1114(b),
1115(c), and 1116 that are applicable to such agency or school;
`(B) how the State educational agency will--
`(i) hold each local educational agency affected by the State plan
accountable for improved student performance, including a procedure
for--
`(I) identifying local educational agencies and schools in need of
improvement; and
`(II) assisting local educational agencies and schools identified
under subclause (I) to address achievement problems, including
thorough descriptions of the amounts and types of professional
development to be provided instructional staff, the amount of any
financial assistance to be provided by the State under section 1003,
and the amount of any funds to be provided by other sources and the
activities to be provided by those sources; and
`(ii) implementing corrective action if assistance is not
effective;
`(C) how the State educational agency is providing low-performing
students additional academic instruction, such as before- and after-school
programs and summer academic programs;
`(D) such other factors the State considers appropriate to provide
students an opportunity to achieve the knowledge and skills described in
the State's challenging content standards;
`(E) the specific steps the State educational agency will take or the
specific strategies the State educational agency will use to ensure
that--
`(i) all teachers in both schoolwide programs and targeted
assistance programs are fully qualified not later than December 31,
2003; and
`(ii) low-income students and minority students are not taught at
higher rates than other students by unexperienced, uncertified, or
out-of-field teachers; and
`(F) the measures the State educational agency will use to evaluate
and publicly report the State's progress in improving the quality of
instruction in the schools served by the State educational agency and
local educational agencies receiving funding under this Act.
`(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING- Each State plan
shall contain assurances that--
`(1) the State educational agency will work with other agencies,
including educational service agencies or other local consortia and
institutions to provide technical assistance to local educational agencies
and elementary schools and secondary schools to carry out the State
educational agency's responsibilities under this part, including technical
assistance in providing professional development under section 1119(A) and
technical assistance under section 1117; and
`(2)(A) where educational service agencies exist, the State educational
agency will consider providing professional development and technical
assistance through such agencies; and
`(B) where educational service agencies do not exist, the State
educational agency will consider providing professional development and
technical assistance through other cooperative agreements, such as through a
consortium of local educational agencies;
`(3) the State educational agency will use the disaggregated results of
the student assessments required under subsection (b)(4), and other measures
or indicators available to the State, to review annually the progress of
each local educational agency and school served under this part to determine
whether each such agency and school is making the annual progress necessary
to ensure that all students will meet the proficient level of performance on
the assessments described in subsection (b)(4) within 10 years of the date
of enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act;
`(4) the State educational agency will provide the least restrictive and
burdensome regulations for local educational agencies and individual
elementary schools and secondary schools participating in a program assisted
under this part;
`(5) the State educational agency will regularly inform the Secretary
and the public in the State of how Federal laws, if any, hinder the ability
of States to hold local educational agencies and schools accountable for
student academic performance;
`(6) the State educational agency will encourage elementary schools and
secondary schools to consolidate funds from other Federal, State, and local
sources for schoolwide reform in schoolwide programs under section
1114;
`(7) the State educational agency will modify or eliminate State fiscal
and accounting barriers so that elementary schools and secondary schools can
easily consolidate funds from other Federal, State, and local sources for
schoolwide programs under section 1114;
`(8) the State educational agency has involved the committee of
practitioners established under section 1703(b) (as redesignated by section
161(2)) in developing and monitoring the implementation of the State plan;
and
`(9) the State educational agency will inform local educational agencies
of the local educational agency's authority to obtain waivers under title
VIII and, if the State is an Ed-Flex Partnership State, waivers under the
Education Flexibility Partnership Act of 1999.
`(d) PEER REVIEW AND SECRETARIAL APPROVAL- The Secretary shall--
`(1) establish a peer review process to assist in the review of State
plans;
`(2) only approve a State plan meeting each of the requirements of this
section;
`(3) if the Secretary determines that the State plan does not meet each
of the requirements of subsection (a), (b), or (c), immediately notify the
State of such determination and the reasons for such determination;
`(4) not disapprove a State plan before--
`(A) notifying the State educational agency in writing of the specific
deficiencies of the State plan;
`(B) offering the State an opportunity to revise the State
plan;
`(C) providing technical assistance in order to assist the State to
meet the requirements under subsections (a), (b), and (c); and
`(D) providing a hearing;
`(5) have the authority to disapprove a State plan for not meeting the
requirements of this section, but shall not have the authority to require a
State, as a condition of approval of the State plan, to include in, or
delete from, such plan 1 or more specific elements of the challenging State
content standards or to use specific assessment instruments or items;
and
`(6) require a State to submit a revised State plan that meets the
requirements of this section to the Secretary for approval not later than 1
year after the date of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act.
`(e) DURATION OF THE PLAN-
`(1) IN GENERAL- Each State plan shall--
`(A) remain in effect for the duration of the State's participation
under this part; and
`(B) be periodically reviewed and revised by the State, as necessary,
to reflect changes in the State's strategies and programs under this
part.
`(2) ADDITIONAL INFORMATION- If the State makes significant changes in
its State plan, such as the adoption of new challenging State content
standards and State student performance standards, new assessments, or a new
definition of adequate yearly progress, the State shall submit such
information to the Secretary.
`(f) LIMITATION ON CONDITIONS- Nothing in this part shall be construed to
authorize an officer or employee of the Federal Government to mandate, direct,
or control a State's, local educational agency's, or elementary school's or
secondary school's specific challenging content or student performance
standards, assessments, curricula, or program of instruction, as a condition
of eligibility to receive funds under this part.
`(1) IN GENERAL- If a State fails to meet the statutory deadlines for
demonstrating that the State has in place challenging content standards and
student performance standards, assessments, a system for measuring and
monitoring adequate yearly progress, and a statewide system for holding
schools and local educational agencies accountable for making adequate
yearly progress with each group of students specified in subsection
(b)(2)(B)(iv), the State shall be ineligible to receive any administrative
funds under section 1703(c) that exceed the amount received by the State for
such purposes in the previous year.
`(2) ADDITIONAL FUNDS- Based on the extent to which challenging content
standards and student performance standards, assessments, systems for
measuring and monitoring adequate yearly progress, and a statewide system
for holding schools and local educational agencies accountable for making
adequate yearly progress with each group of students specified in subsection
(b)(2)(B)(iv), are not in place, the Secretary shall withhold additional
administrative funds in such amount as the Secretary determines appropriate,
except that for each additional year that the State fails to comply with
such requirements, the Secretary shall withhold not less than 1/5 of the
amount the State receives for administrative expenses under section
1703(c).
`(A) IN GENERAL- Except as provided in subparagraph (B),
notwithstanding part D of title VIII, the Education Flexibility
Partnership Act of 1999, or any other provision of law, a waiver of this
section shall not be granted, except that a State may request a 1-time,
1-year waiver to meet the requirements of this section.
`(B) EXCEPTION- A waiver granted pursuant to subparagraph (A) shall
not apply to the requirements described under subsection (h).
`(h) SPECIAL RULE ON SCIENCE STANDARDS AND ASSESSMENTS- Notwithstanding
subsection (b) and part D of title IV, no State shall be required to meet the
requirements under this title relating to science standards or assessments
until the beginning of the 2005-2006 school year.'.
SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.
(a) SUBGRANTS- Section 1112(a)(1) (20 U.S.C. 6312(a)(1)) is amended by
striking `' and all that follows and inserting `the Individuals with
Disabilities Education Act, the Carl D. Perkins Vocational and Technical
Education Act of 1998, the Head Start Act, and other Acts, as
appropriate.'.
(b) PLAN PROVISIONS- Section 1112(b) (20 U.S.C. 6312(b)) is amended--
(1) by striking `Each' and inserting `In order to help low-achieving
children achieve high standards, each';
(A) by striking `part' each place it appears and inserting `title';
and
(B) in subparagraph (B), by inserting `low-achieving' before
`children';
(A) in subparagraph (A)--
(i) by striking `program,' and inserting `programs and';
and
(ii) by striking `, and school-to-work transition programs';
and
(B) in subparagraph (B), by striking `under part C' and all that
follows through `dropping out' and inserting `under part C, neglected or
delinquent youth,';
(4) in paragraph (7), by striking `eligible';
(5) in paragraph (9), by striking the period and inserting a semicolon;
and
(6) by adding at the end the following new paragraphs:
`(10) a description of the actions the local educational agency will
take to assist the low-performing schools served by the local educational
agency, including schools identified under section 1116 as in need of
improvement; and
`(11) a description of how the local educational agency will promote the
use of alternative instructional methods, and extended learning time, such
as an extended school year, before- and after-school programs, and summer
programs.'.
(c) ASSURANCES- Section 1112(c) (20 U.S.C. 6312(c)) is amended to read as
follows:
`(1) IN GENERAL- Each local educational agency plan shall provide
assurances that the local educational agency will--
`(A) specify the steps the local educational agency will take to
ensure that all teachers in both schoolwide programs and targeted
assistance are fully qualified not later than December 31, 2003 and the
strategies the local educational agency will use to ensure that low-income
students and minority students are not taught at higher rates than other
children by inexperienced, uncertified, or out-of-field teachers, and the
measures the agency will use to evaluate and publicly report progress in
improving the quality of instruction in schools served by the local
educational agency and receiving funding under this Act;
`(B) reserve not less than 10 percent of the funds the agency receives
under this part for high quality professional development, as defined in
section 1119, for professional instruction staff;
`(C) provide eligible schools and parents with information regarding
schoolwide project authority and the ability of such schools to
consolidate funds from Federal, State, and local sources;
`(D) provide technical assistance and support to schoolwide
programs;
`(E) work in consultation with schools as the schools develop a school
plan pursuant to section 1114(b)(2), and assist schools in implementing
such plans or undertaking activities pursuant to section 1115(c), so that
each school can make adequate yearly progress toward meeting the
challenging State student performance standards;
`(F) use the disaggregated results of the student assessments required
under section 1111(b)(4), and other measures or indicators available to
the agency, to review annually the progress of each school served by the
agency and receiving funds under this title to determine whether or not
all schools are making the annual progress necessary to ensure that all
students will meet the proficient level of performance on the assessments
described in section 1111(b)(4) within 10 years of the date of enactment
of the Public Education Reinvestment, Reinvention, and Responsibility
Act;
`(G) set and hold schools served by the local educational agency
accountable for meeting annual numerical goals for improving the
performance of all groups of students based on the performance standards
set by the State under section 1111(b)(1)(D)(ii);
`(H) fulfill the local educational agency's school improvement
responsibilities under section 1116, including taking corrective actions
under section 1116(c)(9);
`(I) provide the State educational agency with--
`(i) an annual, up-to-date, and accurate list of all schools served
by the local
educational agency that are eligible for school improvement and corrective
action;
`(ii) the reasons why each school described in clause (i) was
identified for school improvement or corrective action; and
`(iii) the specific plans for improving student performance in each
of the schools described in clause (i), including the specific numerical
achievement goals for the succeeding 2 school years, for each group of
students specified in section 1111(b)(2)(B)(iv) enrolled in each such
school;
`(J) provide services to eligible children attending private
elementary schools and secondary schools in accordance with section 1120,
and provide timely and meaningful consultation with private school
officials regarding such services;
`(K) take into account the experience of model programs for the
educationally disadvantaged and the findings of relevant scientifically
based research when developing technical assistance plans for, and
delivering technical assistance to, schools served by the local
educational agency that are receiving funds under this part and are in
school improvement or corrective action;
`(L) in the case of a local educational agency that chooses to use
funds under this part to provide early childhood development services to
low-income children below the age of compulsory school attendance, ensure
that such services comply with the performance standards established under
section 641A(a) of the Head Start Act;
`(M) comply with the requirements of section 1119 regarding the
qualifications of teachers and paraprofessionals;
`(N) inform eligible schools served by the local educational agency of
the agency's authority to obtain waivers on such school's behalf under
title VIII, and if the State is an Ed-Flex Partnership State, under the
Education Flexibility Partnership Act of 1999; and
`(O) coordinate and collaborate, to the extent feasible and necessary
as determined by the local educational agency, with other agencies
providing services to children, youth, and their families.
`(2) MODEL PROGRAMS; SCIENTIFICALLY BASED RESEARCH- In carrying out
paragraph (1)(K)--
`(A) the Secretary shall consult with the Secretary of Health and
Human Services on the implementation of such subparagraph, and shall
establish procedures (taking into consideration existing State and local
laws and local teacher contracts) to assist local educational agencies to
comply with such subparagraph;
`(B) the Secretary shall disseminate to local educational agencies the
Head Start performance standards under section 641A(a) of the Head Start
Act upon such standard's publication; and
`(C) local educational agencies affected by such subparagraph shall
plan for the implementation of such subparagraph (taking into
consideration existing State and local laws, and local teacher contracts),
including pursuing the availability of other Federal, State, and local
funding sources to assist in compliance with such subparagraph.
`(3) INAPPLICABILITY- The provisions of this subsection shall not apply
to preschool programs using the Even Start model or to Even Start
programs.'.
(d) PLAN DEVELOPMENT AND DURATION- Section 1112(d) (20 U.S.C. 6312(d)) is
amended to read as follows:
`(d) PLAN DEVELOPMENT AND DURATION-
`(1) CONSULTATION- Each local educational agency plan shall be developed
in consultation with teachers, principals, local school boards,
administrators (including administrators of programs described in other
parts of this title), other appropriate school personnel, and parents of
children in elementary schools and secondary schools served under this
part.
`(2) DURATION- Each plan described in paragraph (1) shall remain in
effect for the duration of the local educational agency's participation
under this part.
`(3) REVIEW- Each local educational agency shall periodically review,
and as necessary, revise its plan.'.
(e) STATE APPROVAL- Section 1112(e) (20 U.S.C. 6312(e)) is amended to read
as follows:
`(e) PEER REVIEW AND STATE APPROVAL-
`(1) IN GENERAL- Each local educational agency plan shall be filed
according to a schedule established by the State educational agency.
`(2) APPROVAL- The State educational agency shall establish a peer
review process to assist in the review of local educational agency plans.
The State educational agency shall approve a local educational agency plan
only if the State educational agency determines that the local educational
agency plan--
`(A) will enable elementary schools and secondary schools served by
the local educational agency and under this part to help all groups of
students specified in section 1111(b)(1) meet or exceed the proficient
level of performance on the assessments required under section 1111(b)(4)
within 10 years of the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act; and
`(B) meets each of the requirements of this section.
`(3) STATE REVIEW- Each State educational agency shall at least annually
review each local agency plan approved under this subsection against
the
results of the disaggregate assessments required under section 1111(b)(4) for
each local educational agency to ensure that the progress of all students in
schools served by each local educational agency under this part is adequate to
ensure that all students in the State will meet or exceed the proficient
standard level of performance on assessments within 10 years of the date of
enactment of the Public Education Reinvestment, Reinvention, and Responsibility
Act.
`(4) PUBLIC REVIEW- Each State educational agency will make publicly
available each local educational agency plan.'.
(f) PARENTAL NOTIFICATION 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
students, the local educational agency shall inform a parent or the parents
of a child participating in an English language assistance educational
program 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;
`(C) how the English language assistance educational program will
specifically help the child learn English and meet age-appropriate
standards for grade promotion and graduation;
`(D) the specific exit requirements of the English language assistance
educational program;
`(E) the expected rate of graduation from the English language
assistance educational program into mainstream classes; and
`(F) the expected rate of graduation from secondary school if funds
under this part are used for children in secondary schools.
`(2) CONSENT; PARENTAL RIGHTS-
`(A) IN GENERAL- A parent or the parents of a child participating in
an English language assistance educational program under this part
shall--
`(i) have the option of selecting 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.
`(B) RECEIPT OF INFORMATION- A parent or the parents of a child
identified for participation in an English language assistance educational
program 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--
`(i) timely information about English language assistance
educational programs for limited English proficient children assisted
under this part; and
`(ii) if a parent of a participating child so desires, notice of
opportunities for regular meetings of parents of limited English
proficient children participating in English language assistance
educational programs under this part for the purpose of formulating and
responding to recommendations from such parents.
`(3) BASIS FOR ADMISSION OR EXCLUSION- No student shall be admitted to
or excluded from any federally assisted education program solely on the
basis of a surname or language minority status.'.
SEC. 107. SCHOOLWIDE PROGRAMS.
(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS- Section 1114(a) (20 U.S.C.
6314(a)) is amended--
(1) in paragraph (1), by striking `school described in subparagraph (A)'
and all that follows through `such families.' the second place it appears
and inserting `school that serves an eligible school attendance area in
which--
`(A) not less than 40 percent of the children are from low-income
families; or
`(B) not less than 40 percent of the children enrolled in the school
are from such families.'; and
(A) in subparagraph (A), by striking `subsections (c)(1) and (e) of';
and
(B) in subparagraph (B), by striking `subsections (c)(1) and (e)
of'.
(b) COMPONENTS OF A SCHOOLWIDE PROGRAM- Section 1114(b) (20 U.S.C.
6314(b)) is amended--
(A) in subparagraph (A), by striking `section 1111(b)(1)' and
inserting `section 1111(b)';
(B) in subparagraph (B)--
(i) in clause (i), by striking `section 1111(b)(1)(D)' and inserting
`1111(b)';
(ii) in clause (iii)(II), by inserting `and' after the
semicolon;
(iii) in clause (iv)(II), by striking `; and' and inserting a
period; and
(iv) by striking clause (vii); and
(C) in subparagraph (G), by striking `section 1112(b)(1)' and
inserting `section 1112'; and
(A) in subparagraph (A)--
(i) by striking `Improving America's Schools Act of 1994' and
inserting `Public Education Reinvestment, Reinvention, and
Responsibility Act';
(ii) by striking `subsections (c)(1) and (e) of'; and
(iii) in clause (iv), by striking `section 1111(b)(3)' and inserting
`section 1111(b)(4)';
(B) in subparagraph (B), by striking `paragraphs (1) and (3) of
section 1111(b)' and inserting `paragraphs (1) and (4) of section
1111(b)'; and
(C) in subparagraph (C)(i)--
(i) in subclause (I), by striking `subsections (c) and (e) of';
and
(ii) in subclause (II), by striking `Improving America's Schools Act
of 1994' and inserting `Public Education Reinvestment, Reinvention, and
Responsibility Act'.
SEC. 108. SCHOOL CHOICE.
Section 1115A (20 U.S.C. 6316) is amended to read as follows:
`SEC. 1115A. SCHOOL CHOICE.
`(a) CHOICE PROGRAMS- A local educational agency may use funds under this
part, in combination with State, local, and private funds, to develop and
implement public school choice programs, for children eligible for assistance
under this part, that permit parents to select the public school that their
child will attend and are consistent with State and local law, policy, and
practice related to public school choice and local pupil transfer.
`(b) CHOICE PLAN- A local educational agency that chooses to implement a
public school choice program under this section shall first develop a plan
that--
`(1) contains an assurance that all eligible students across grade
levels served under this part will have equal access to the program;
`(2) contains an assurance that the program does not include elementary
schools or secondary schools that follow a racially discriminatory
policy;
`(3) describes how elementary schools or secondary schools will use
resources under this part, and from other sources, to implement the
plan;
`(4) contains an assurance that the plan will be developed with the
involvement of parents and others in the community to be served, and
individuals who will carry out the plan, including administrators, teachers,
principals, and other staff;
`(5) contains an assurance that parents of eligible students served by
the local educational agency will be given prompt notice of the existence of
the public school choice program, the program's availability to such
parents, and a clear explanation of how the program will operate;
`(6) contains an assurance that the public school choice program--
`(A) shall include charter schools and any other public elementary
school and secondary school; and
`(B) shall not include as a `receiving school' an elementary school or
a secondary school that--
`(i) is or has been identified as a school in, or eligible for,
school improvement or corrective action;
`(ii) has been in school improvement or corrective action within the
last 2 consecutive academic years; or
`(iii) is at risk of being eligible for school improvement within
the next school year;
`(7) contains an assurance that transportation services or the costs of
transportation to and from the public school choice program--
`(A) may be provided by the local educational agency with funds under
this part and from other sources; and
`(B) shall not be provided from funds made available under this part
to the local educational agency that exceed 10 percent of such funds;
and
`(8) contains an assurance that such local educational agency will
comply with the other requirements of this part.'.
SEC. 109. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
(a) LOCAL REVIEW- Section 1116(a) (20 U.S.C. 6317(a)) is amended--
(1) in paragraph (2), by striking `1111(b)(2)(A)(i)' and inserting
`1111(b)(2)(B)';
(A) by striking `individual school performance profiles' and inserting
`school report cards';
(B) by striking `1111(b)(3)(I)' and inserting `1111(b)(4)(I)';
and
(C) by striking `and' after the semicolon;
(3) in paragraph (4), by striking the period and inserting `; and';
and
(4) by adding at the end the following:
`(5) review the effectiveness of the actions and activities the schools
are carrying out under this part with respect to parental involvement
assisted under this Act.'.
(b) SCHOOL IMPROVEMENT- Section 1116(c) (20 U.S.C. 6317(c)) is amended to
read as follows:
`(1) IN GENERAL- A local educational agency shall identify for school
improvement any elementary school or secondary school served under this part
that--
`(A) for 2 consecutive years failed to make adequate yearly progress
as defined in the State's plan under section 1111(b)(2); or
`(B) was in, or was eligible for, school improvement status under this
section on the day preceding the date of the enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act.
`(2) TRANSITION- The 2-year period described in paragraph (1)(A) shall
include any continuous period of time immediately preceding the date of the
enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act during which an elementary school or a secondary school
did not make adequate yearly progress as defined in the State's plan, as
such plan was in effect on the day preceding the date of enactment of the
Public Education Reinvestment, Reinvention and Responsibility Act.
`(3) TARGETED ASSISTANCE SCHOOLS- To determine if an elementary school
or a secondary school that is conducting a targeted assistance program under
section 1115 should be identified as in need of improvement under this
subsection, a local educational agency may choose to review the progress of
only those students in such school who are served, or are eligible for
services, under this part.
`(4) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE- (A) Before identifying
an elementary school or a secondary school for school improvement under
paragraph (1), the local educational agency shall provide the school with an
opportunity to review the school level data, including assessment data, on
which the proposed identification is based.
`(B) If the principal of a school proposed for identification as in need
of school improvement believes that the proposed identification is in error
for statistical or other substantive reasons, the principal may provide
supporting evidence to the local educational agency, which the agency shall
consider before making a final determination.
`(5) TIME LIMITS- Not later than 30 days after a local educational
agency makes its initial determination that a school served by the agency
and receiving assistance under this part is eligible for school improvement,
the local educational agency shall make public a final determination on the
status of the school.
`(6) NOTIFICATION TO PARENTS- A local educational agency shall, in an
easily understandable format, and in the 3 languages, other than English,
spoken by the greatest number of individuals in the area served by the local
educational agency, provide in writing to parents of each student in an
elementary school or a secondary school identified for school
improvement--
`(A) an explanation of what the school improvement identification
means, and how the school identified for improvement compares in terms of
academic performance to other elementary schools or secondary schools
served by the local educational agency and the State educational
agency;
`(B) the reasons for such identification;
`(C) the data on which such identification was based;
`(D) an explanation of what the school identified for improvement is
doing to address the problem of low achievement;
`(E) an explanation of what the local educational agency or State
educational agency is doing to help the school address its achievement
problems, including the amounts and types of professional development
being provided to the instructional staff in such school, the amount of
any financial assistance being provided by the State educational agency
under section 1003, and the activities that are being provided with such
financial assistance;
`(F) an explanation of how parents described in this paragraph can
become involved in addressing the academic issues that caused the school
to be identified as in need of improvement; and
`(G) an explanation of the right of parents, pursuant to paragraph
(7), to transfer their child to a higher performing public school,
including a public charter school or magnet school, that is not in school
improvement, and how such transfer shall operate.
`(7) PUBLIC SCHOOL CHOICE OPTION-
`(i) SCHOOLS IN SCHOOL IMPROVEMENT ON OR BEFORE DATE OF ENACTMENT-
In the case of a school identified for school improvement on or before
the date of enactment of the Public Education Reinvestment, Reinvention,
and Responsibility Act, a local educational agency shall not later than
18 months after such date of enactment provide all students enrolled in
the school an option to transfer (consistent with State and local law,
policy, and practices related to public school choice and local pupil
transfer) to any other higher performing public school, including a
public charter or magnet school, that--
`(I) has not been identified for school improvement or corrective
action;
`(II) is not at risk of being identified for school improvement or
corrective action within the succeeding academic year;
and
`(III) has not been in corrective action at any time during the 2
preceding academic years.
`(ii) SCHOOLS IDENTIFIED AFTER DATE OF ENACTMENT- In the case of a
school identified for school improvement after the date of enactment of
the Public Education Reinvestment, Reinvention, and Responsibility Act,
a local educational agency shall not later than 12 months after the date
on which a local educational agency identifies the school for school
improvement provide all students enrolled in the school with the
transfer option described in clause (i).
`(B) COOPERATIVE AGREEMENT- If all public schools served by the local
educational agency to which a child may transfer under clause (i) are
identified for school improvement, the local educational agency shall, to
the extent practicable, establish a cooperative agreement with other local
educational agencies that serve geographic areas in proximity to the
geographic area served by the local educational agency, to enable a child
to transfer (consistent with State and local law, policy, and practices
related to public school choice and local pupil transfer) to a school
served by such other local educational agencies that meets the
requirements described in subparagraph (A)(i).
`(C) TRANSPORTATION- A local educational agency that serves a school
that has been identified for school improvement shall provide
transportation services or the costs of such services for children of
parents who choose to transfer their children pursuant to this paragraph
to a different school. Not more than 10 percent of the funds allocated to
a local educational agency under this part may be used to provide such
transportation services or costs of such services.
`(D) CONTINUATION OPTION- Once a school is no longer identified for or
in school improvement, the local educational agency shall continue to
provide public school choice as an option to students in such schools for
a period of not less than 2 years.
`(8) SCHOOL PLAN- (A) Each school identified under paragraph (1) for
school improvement shall, after being so identified, develop or revise a
school plan, in consultation with parents, school staff, the local
educational agency serving the school, the local school board, and other
outside experts, for approval by such local educational agency. The school
plan shall--
`(i) incorporate scientifically based research strategies that
strengthen the core academic programs in the school and address the
specific academic issues that caused the school to be identified for
school improvement;
`(ii) adopt policies and practices in the school's core academic
program that have the greatest likelihood of ensuring that all groups of
students specified in section 1111(b)(2)(B)(iv) enrolled in the school
will meet or exceed the State's proficient level of performance on the
assessment required in section 1111(b)(4) within 10 years of the date of
enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act;
`(iii) assure that the school will reserve not less than 10 percent of
the funds made available to it under this part for each fiscal year that
the school is in school improvement for the purpose of providing the
school's teachers and principal high quality professional development
that--
`(I) directly addresses the academic achievement problem that caused
the school to be identified for school improvement; and
`(II) meets the requirements for professional development activities
under section 1119;
`(iv) specify how the funds described in clause (iii) will be used to
remove the school from school improvement status;
`(v) establish specific annual, numerical progress goals for each
group of students specified in section 1111(b)(2)(B)(iv) enrolled in the
school that will ensure that all such groups of students meet or exceed
the State's proficient standard level of performance within 10 years of
the date of enactment of the Public Education Reinvestment, Reinvention,
and Responsibility Act;
`(vi) identify how the school will provide written notification to
parents of each child enrolled in such school, in a format and, to
the
extent practicable, in a language such parents can understand; and
`(vii) specify the responsibilities of the school, the local
educational agency, and the State educational agency serving such school
under the plan.
`(B) The local educational agency described in subparagraph (A)(vi) may
condition approval of a school plan on inclusion of 1 or more of the
corrective actions specified in paragraph (10)(C).
`(C) A school shall implement the school plan or revised plan
expeditiously, but not later than the beginning of the school year following
the school year in which the school was identified for improvement.
`(D) The local educational agency described in subparagraph (A)(vi)
shall establish a peer review process to assist with review of a school
improvement plan prepared by the school served by the local educational
agency, promptly review the school plan, work with the school as necessary,
and approve the school plan if the school plan meets the requirements of
this paragraph.
`(9) TECHNICAL ASSISTANCE- (A) For each school identified for school
improvement under paragraph (1), the local educational agency serving the
school shall provide technical assistance as the school develops and
implements its school plan.
`(B) Such technical assistance--
`(i) shall include assistance in analyzing data from the assessments
required under section 1111(b)(4), and other samples of student work, to
identify and address instructional problems and solutions;
`(ii) shall include assistance in identifying and implementing
scientifically based instructional strategies and methods that have proven
effective in addressing the specific instructional issues that caused the
school to be identified for school improvement;
`(iii) shall include assistance in analyzing and revising the school's
budget such that the school resources are more effectively focused on
those activities most likely to increase student achievement and to remove
the school from school improvement status;
`(iv) may be provided directly by the local educational agency,
through mechanisms authorized under section 1117, or with the local
educational agency's approval, by the State educational agency, an
institution of higher education in full compliance with all the reporting
provisions of title II of the Higher Education Act of 1965, a private
not-for-profit organization or for-profit organization, an educational
service agency, the recipient of a Federal contract or cooperative
agreement as described under section 7005, or other entity with experience
in helping schools improve achievement.
`(C) Technical assistance provided under this section by a local
educational agency or an entity authorized by such agency shall be based
upon scientifically based research.
`(10) CORRECTIVE ACTION- In order to help students served under this
part meet challenging State standards, each local educational agency shall
implement a system of corrective action in accordance with the
following:
`(A) After providing technical assistance under paragraph (9) and
subject to subparagraph (F), the local educational agency--
`(i) may take corrective action at any time with respect to a school
served by the local educational agency that has been identified under
paragraph (1);
`(ii) shall take corrective action with respect to any school served
by the local educational agency that fails to make adequate yearly
progress, as defined by the State under section 1111(b)(2)(B), after the
end of the second year following the school year in which the school was
identified under paragraph (1); and
`(iii) shall continue to provide technical assistance while
instituting any corrective action under clause (i) or (ii).
`(B) As used in this paragraph, the term `corrective action' means
action, consistent with State and local law, that--
`(i) substantially and directly responds to--
`(I) the consistent academic failure of a school that caused the
local educational agency to take such action; and
`(II) any underlying staffing, curricula, or other problem in the
school; and
`(ii) is designed to increase substantially the likelihood that
students enrolled in the school subject to corrective action will
perform at the proficient and advanced performance levels.
`(C) In the case of a school described in subparagraph (A)(ii), the
local educational agency shall take not less than 1 of the following
corrective actions:
`(i) Withhold funds from the school.
`(ii) Make alternative governance arrangements, including reopening
the school as a public charter school.
`(iii) Reconstitute the relevant school staff.
`(iv)(I) Authorize students to transfer to other higher performing
public schools served by the local educational agency, including public
charter and magnet schools.
`(II) Provide such students transportation services, or the costs of
transportation, to such schools (except that such funds used to provide
transportation services or costs of transportation shall not exceed 10
percent of the amount authorized under section 1122(a)(2)).
`(III) Take not less than 1 additional action described under this
subparagraph.
`(v) Institute and fully implement a new curriculum, including
appropriate professional development for all relevant staff, that is
based upon scientifically based research and offers substantial promise
of improving educational achievement for low-performing
students.
`(D) A local educational agency may delay, for a period not to exceed
1 year, implementation of corrective action only if the failure to make
adequate yearly progress was justified due to exceptional or
uncontrollable circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the financial resources of the local educational
agency or school.
`(E) The local educational agency shall publish and disseminate to the
public and to the parents of each student enrolled in a school subject to
corrective action, in a format and, to the extent practicable, in a
language that the parents can understand, information regarding any
corrective action the local educational agency takes under this paragraph
through such means as the Internet, the media, and public
agencies.
`(F)(i) Before taking corrective action with respect to any school
under this paragraph, a local educational agency shall provide the school
an opportunity to review the school level data, including assessment data,
on which the proposed determination is made.
`(ii) If the school believes that the proposed determination is in
error for statistical or other substantive reasons, the school principal
may provide supporting evidence to the local educational agency, which
shall consider such evidence before making a final determination.
`(G) TIME LIMITS- Not later than 30 days after the local educational
agency makes its initial determination that a school served by the local
educational agency and receiving assistance under this part is eligible
for corrective action, the local educational agency shall make a final and
public determination on the status of the school.
`(11) STATE EDUCATIONAL AGENCY RESPONSIBILITIES- If a State educational
agency determines that a local educational agency failed to carry out its
responsibilities under this section, or determines that, after 1 year of
implementation of the corrective action, such action has not resulted in
sufficient progress in increased student performance, the State educational
agency shall take such action as the agency finds necessary, including
designating a course of corrective action described in paragraph (10)(C),
consistent with this section, to improve the affected schools and to ensure
that the local educational agency carries out the local educational agency's
responsibilities under this section.
`(12) SPECIAL RULES- Schools that, for at least 2 of the 3 years
following identification under paragraph (1), make adequate yearly progress
toward meeting the State's proficient and advanced levels of performance
shall no longer be identified for school improvement.'.
(c) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT- Section 1116(d)
(20 U.S.C. 6317(d)) is amended to read as follows:
`(d) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT-
`(1) IN GENERAL- A State educational agency shall annually review the
progress of each local educational agency within the State receiving funds
under this part to determine whether schools served by such agencies and
receiving assistance under this part are making adequate yearly progress, as
defined in section 1111(b)(2), toward meeting the State's student
performance standards and to determine whether each local educational agency
is carrying out its responsibilities under sections 1116 and 1117.
`(2) IDENTIFICATION OF LOCAL EDUCATIONAL AGENCY FOR IMPROVEMENT- A State
educational agency shall identify for improvement any local educational
agency that--
`(A) for 2 consecutive years fails to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2); or
`(B) had been identified for, or was eligible for, improvement under
this section as this section was in effect on the day preceding the date
of enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act.
`(3) TRANSITION- The 2-year period described in paragraph (2)(A) shall
include any continuous period of time immediately preceding the date of
the
enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act during which a local educational agency did not make adequate
yearly progress as defined in the State's plan, as such plan was in effect on
the day preceding the date of the enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act.
`(4) TARGETED ASSISTANCE SCHOOLS- For purposes of targeted assistance
schools within a local educational agency, a State educational agency may
choose to review the progress of only the students in such schools who are
served under this part.
`(5) OPPORTUNITY TO REVIEW AND PRESENT EVIDENCE- (A) Before identifying
a local educational agency for improvement under paragraph (2), a State
educational agency shall provide the local educational agency with an
opportunity to review the local educational agency data, including
assessment data, on which the proposed identification is based.
`(B) If the local educational agency believes that the proposed
identification is in error for statistical or other substantive reasons, the
local educational agency may provide supporting evidence to the State
educational agency, which the State educational agency shall consider before
making a final determination.
`(6) TIME LIMITS- Not later than 45 days after the State educational
agency makes its initial determination that a local educational agency
within the State and receiving assistance under this part is eligible for
improvement, the State educational agency shall make public a final
determination on the status of the local educational agency.
`(7) NOTIFICATION TO PARENTS- The State educational agency shall
promptly notify parents of each student enrolled in a school served by a
local educational agency identified for improvement, in a format, and to the
extent practicable, in a language the parents can understand, of the reasons
for such agency's identification and how parents can participate in
upgrading the quality of the local educational agency.
`(8) LOCAL EDUCATIONAL AGENCY REVISIONS-
`(A) IN GENERAL- Each local educational agency identified under
paragraph (2) shall, after being so identified, develop or revise a local
educational agency plan, in consultation with the local school board,
parents, teachers, school staff, and others, for approval by the State
educational agency. Such plan shall--
`(i) incorporate scientifically based research strategies that
strengthen the core academic program in the local educational
agency;
`(ii) identify specific annual numerical academic achievement
objectives in at least the areas of mathematics and English language
arts that the local educational agency will meet, with such objectives
being calculated in a manner such that their achievement will ensure
that each group of students enrolled in each school served by the local
educational agency will meet or exceed the proficient standard level of
performance in assessments required under section 1111(b)(4) within 10
years of the date of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act; and
`(iii) assure that the local educational agency will--
`(I) reserve not less than 10 percent of the funds made available
to the local educational agency under this part for each fiscal year
that the agency is in improvement for the purpose of providing high
quality professional development to teachers and principals at schools
served by the agency and receiving funds under this part that directly
address the academic achievement problem that caused the local
educational agency to be identified for improvement and shall be in
keeping with the definition of professional development provided in
section 1119; and
`(II) the improvement plan shall specify how these funds will be
used to remove the local educational agency from improvement
status;
`(iv) identify how the local educational agency will provide written
notification to parents described in paragraph (7) in a format, and to
the extent practicable in a language, that the parents can understand,
pursuant to paragraph (7);
`(v) specify the responsibilities of the State educational agency
and the local educational agency under the plan; and
`(vi) include a review of the local educational agency budget to
ensure that resources are focused on those activities that are most
likely to improve student achievement and to remove the agency from
improvement status.
`(B) PEER REVIEW- The State educational agency shall establish a peer
review process to assist with the review of the local educational agency
improvement plan, promptly review the plan, work with the local
educational agency as necessary, and approve the plan if the plan meets
the requirements of this paragraph.
`(C) DEADLINE FOR IMPLEMENTATION- The local educational agency shall
implement the local educational agency plan or revised plan expeditiously,
but not later than the beginning of the school year following the school
year in which the agency was identified for improvement.
`(D) RESOURCES REALLOCATION- If the local educational agency budget
fails to allocate resources, consistent with, subparagraph (A)(iv), the
State educational agency may direct the local educational agency to
reallocate resources to more effective activities.
`(9) STATE EDUCATIONAL AGENCY RESPONSIBILITY- For each local educational
agency identified under paragraph (2), the State educational agency shall
provide technical or other assistance, if requested, as authorized under
section 1117, to better enable the local educational agency--
`(A) to develop and implement the local educational agency plan or
revised plan as approved by the State educational agency consistent with
the requirements of this section; and
`(B) to work with schools served by the local educational agency that
are identified for improvement.
`(10) TECHNICAL ASSISTANCE- Technical assistance provided by the State
educational agency--
`(A) shall include assistance in analyzing data from the assessments
required under section 1111(b)(4) to identify and address instructional
problems and solutions;
`(B) shall include assistance in identifying and implementing
scientifically based instructional strategies and methods that have proven
effective in addressing the specific instructional issues that caused the
local educational agency to be identified for improvement;
`(C) shall include assistance in analyzing and revising the local
educational agency's budget such that the agency's resources are more
effectively focused on those activities most likely to increase student
achievement and to remove the agency from improvement status; and
`(D) may be provided by--
`(i) the State educational agency; or
`(ii) with the local educational agency's approval, by an
institution of higher education (in full compliance with all the
reporting provisions of title II of the Higher Education Act of 1965), a
private not-for-profit or for-profit organization, an educational
service agency, the recipient of a Federal contract or cooperative
agreement as described under section 7005, or any other entity with
experience in helping schools improve achievement.
`(11) RESOURCES REALLOCATION- The State educational agency may, as a
condition of providing the local educational agency with technical
assistance and financial support in developing and carrying out an
improvement plan, require that the local educational agency reallocate
resources away from ineffective or inefficient activities to activities
that, through scientific research, have proven to have the greatest impact
on increasing student achievement and closing the achievement gap between
groups of students.
`(12) CORRECTIVE ACTION- In order to help students served under this
part meet challenging State standards, each State educational agency shall
implement a system of corrective action in accordance with the
following:
`(A) After providing technical assistance under paragraph (10), and
subject to subparagraph (D), the State educational agency--
`(i) shall take corrective action with respect to any local
educational agency that fails to make adequate yearly progress, as
defined by the State, after the end of the second year following its
identification under paragraph (2); and
`(ii) shall continue to provide technical assistance while
instituting any corrective action under clause (i) or (ii).
`(B) As used in this paragraph, the term `corrective action' means
action, consistent with State law, that--
`(i) substantially and directly responds to--
`(I) the consistent academic failure of schools served by a local
educational agency that caused the State educational agency to take
such action with respect to the local educational agency;
and
`(II) any underlying staffing, curricular, or other problem in the
schools served by the local educational agency; and
`(ii) is designed to meet the goal of having all students served
under this part perform at the proficient and advanced performance
levels.
`(C) In the case of a local educational agency described in
subparagraph (A)(ii), the State educational agency shall take not less
than 1 of the following corrective actions:
`(i) Withhold funds from the local educational agency.
`(ii) Reconstitute the relevant local educational agency
personnel.
`(iii) Remove particular schools from the area served by the local
educational agency, and establish alternative arrangements for public
governance and supervision of such schools.
`(iv) Appoint, through the State educational agency, a receiver or
trustee to administer the affairs of the local educational agency in
place of the local educational agency's superintendent and school
board.
`(v) Abolish or restructure the local educational
agency.
`(vi)(I) Authorize students to transfer from a school operated by
the local educational agency to a higher performing public school,
including a public charter or
magnet school, operated by another local educational agency.
`(II) Provide students described in subclause (I) transportation
services, or the costs of transportation, not to exceed 10 percent of
the funds allocated to a local educational agency under this part, to
such higher performing schools or public charter schools.
`(III) Take not less than 1 additional action described under this
subparagraph.
`(D) Prior to implementing any corrective action, the State
educational agency shall provide notice and a opportunity for a hearing to
the affected local educational agency, if State law provides for such
notice and opportunity.
`(E) Not later than 45 days after the State educational agency makes
its initial determination that a local educational agency in the State and
receiving assistance under this part is eligible for improvement, the
State educational agency shall make public a final determination on the
status of the local educational agency.
`(F) The State educational agency shall publish and disseminate to
parents described in paragraph (7) and the public information regarding
any corrective action the State educational agency takes under this
paragraph through such means as the Internet, the media, and public
agencies.
`(G) The State educational agency may delay, for a period not to
exceed 1 year, implementation of corrective action if the local
educational agency's failure to make adequate yearly progress was
justified due to exceptional or uncontrollable circumstances, such as a
natural disaster or a precipitous and unforeseen decline in the financial
resources of the local educational agency or schools served by the local
educational agency.'.
SEC. 110. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
Section 1117 (20 U.S.C. 6318) is amended to read as follows:
`SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
`(a) SYSTEM FOR SUPPORT- Using funds allocated under section 1003(a)(1),
each State educational agency shall establish a statewide system of intensive
and sustained support and improvement for local educational agencies,
elementary schools, and secondary schools receiving funds under this part, in
order to ensure that all groups of students specified in section 1111 and
attending such schools meet or exceed the proficient standard level
performance on the assessments required by section 1111(b)(4) within 10 years
of the date of enactment of the Public Education Reinvestment, Reinvention,
and Responsibility Act.
`(b) PRIORITIES- In carrying out this section, a State educational agency
shall--
`(1) first, provide support and assistance to local educational agencies
and schools identified as in need of improvement under section 1116;
`(2) second, provide support and assistance to local educational
agencies subject to corrective action under section 1116, and assist
elementary schools and secondary schools, in accordance with section
1116(c)(11), for which a local educational agency has failed to carry out
its responsibilities under section 1116(c) (9) and (10); and
`(3) third, provide support and assistance to local educational agencies
and schools that are at risk of being identified as being in need of
improvement within the next academic year, participating under this
part.
`(c) APPROACHES- In order to achieve the purpose described in subsection
(a), each statewide system shall provide technical assistance and support
through approaches such as--
`(1) school support teams, composed of individuals who are knowledgeable
about scientifically based research, teaching and learning practices, and
particularly about strategies for improving educational results for
low-achieving children; and
`(2) designating and using Distinguished Educators, who are chosen from
schools served under this part that have been especially successful in
improving academic achievement.
`(d) FUNDS- Each State educational agency--
`(1) shall use funds reserved under section 1003(a)(1), but not used
under section 1003(a)(2), to carry out this section; and
`(2) may use State administrative funds authorized under section 1703(c)
to carry out this section.
`(e) ALTERNATIVES- The State educational agency may--
`(1) devise additional approaches to providing the technical assistance
and support described in subsection (c), such as providing assistance
through institutions of higher education, educational service agencies, or
other local consortia; and
`(2) seek approval from the Secretary to use funds under section
1003(a)(2) for such approaches as part of the State plan.'.
SEC. 111. PARENTAL INVOLVEMENT CHANGES.
(a) LOCAL EDUCATIONAL AGENCY POLICY- Section 1118(a) (20 U.S.C. 6319(a))
is amended--
(1) in paragraph (1), by striking `programs, activities, and procedures'
and inserting `activities and procedures';
(2) in paragraph (2), by striking subparagraphs (E) and (F) and
inserting the following:
`(E) conduct, with the involvement of parents, an annual evaluation of
the content and effectiveness of the parental involvement policy in
improving the academic quality of the schools served under this
part;
`(F) involve parents in the activities of the schools served under
this part; and
`(G) promote consumer friendly environments within the local
educational agency and schools served under this part.';
(3) in paragraph (3), by adding at the end the following new
subparagraph:
`(C) Not less than 90 percent of the funds reserved under subparagraph
(A) shall be distributed to schools served under this part.'.
(b) NOTICE- Section 1118(b)(1) (20 U.S.C. 6319(b)(1)) is amended by
inserting after the first sentence `Parents shall be notified of the policy in
a format, and to the extent practicable in a language, that the parents can
understand.'.
(c) PARENTAL INVOLVEMENT- Section 1118(c)(4) (20 U.S.C. 6319(c)(4)) is
amended--
(1) in subparagraph (B), by striking `school performance profiles
required under section 1116(a)(3)' and inserting `school reports described
under section 4401';
(2) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and
(G), respectively;
(3) by inserting after subparagraph (C) the following:
`(D) notice of the school's designation as a school in need of
improvement under section 1116(b), if applicable, and a clear explanation
of what such designation means;
`(E) notice of corrective action taken against the school under
section 1116(c)(9) and 1116(d)(12), if applicable, and a clear explanation
of what such action means;'; and
(4) in subparagraph (G) (as redesignated by paragraph (2)), by striking
`subparagraph (D)' and inserting `subparagraph (F)'.
(d) BUILDING CAPACITY FOR INVOLVEMENT- Section 1118(e) (20 U.S.C 6319(e))
is amended--
(1) in paragraph (1), by striking `National Educational Goals,';
(2) by redesignating paragraphs (14) and (15) as paragraphs (16) and
(17), respectively;
(3) by inserting after paragraph (13) the following:
`(14) may establish a district wide parent advisory council to advise on
all matters related to parental involvement in programs supported under this
part;'; and
(4) by redesignating paragraph (5) as paragraph (15) and transferring
such paragraph to follow paragraph 14 (as redesignated by paragraph
(3));
(5) by inserting after paragraph (4) the following:
`(5) shall expand the use of electronic communications among teachers,
students, and parents, such as through the use of websites and e-mail
communications;';
(6) in paragraph (8), by inserting `, to the extent practicable, in a
language and format the parent can understand' before the semicolon;
and
(7) in paragraph (15) (as redesignated by paragraph (4)), by striking
`shall' and inserting `may'.
(e) ACCESSIBILITY- Section 1118(f) (20 U.S.C. 6319(f)) is amended by
striking `, including' and all that follows through the period and inserting
`and of parents of migratory children, including providing information and
school reports required under section 1111 and described in section 4401 in a
language and form such parents understand.'.
SEC. 112. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
Title I of the Act (20 U.S.C. 6301 et seq.) is amended--
(1) by redesignating section 1119 (20 U.S.C. 6320) as section 1119A;
and
(2) by inserting after section 1118 the following:
`SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
`(1) PLAN- Each State educational agency receiving assistance under this
part shall develop and submit to the Secretary a plan to ensure that all
teachers teaching within the State are fully qualified, as defined in
section 2001(1), not later than December 31, 2003. Such plan shall include
an assurance that the State educational agency will require each local
educational agency and school receiving funds under this part publicly to
report the annual progress with respect to the local educational agency's
and school's performance in increasing the percentage of classes in core
academic areas taught by fully qualified teachers.
`(2) SPECIAL RULE- Notwithstanding any other provision of law, the
provisions of this section governing teacher qualifications shall not
supersede State laws governing public charter schools.
`(b) NEW PARAPROFESSIONALS- Each local educational agency receiving
assistance under this part shall ensure that each paraprofessional hired one
year or more after the effective date of this section, and working in a
program assisted under this part--
`(1) has completed at least the number of courses at an institution of
higher education in the area of elementary education, or in the related
subject area in which the paraprofessional is working, for a minor degree at
such institution;
`(2) has obtained an associate's (or higher) degree; or
`(3) has met a rigorous standard of quality that demonstrates, through
formal State certification (as established in subsection (h))--
`(A) knowledge of, and the ability to provide tutorial assistance in,
reading, writing, and mathematics; or
`(B) knowledge of, and the ability to provide tutorial assistance in,
reading readiness, writing readiness, and mathematics readiness, as
appropriate.
`(c) EXISTING PARAPROFESSIONALS- Each local educational agency receiving
assistance under this part shall ensure that all paraprofessionals hired
before the date that is one year after the effective date of the Public
Education Reinvestment, Reinvention, and Responsibility Act, 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--
`(1) who is proficient in English and a language other than English, and
who provides services primarily to enhance the participation of children in
programs under this part by acting as a translator; or
`(2) whose duties consist solely of conducting parental involvement
activities consistent with section 1118 or other school readiness activities
that are noninstructional.
`(e) GENERAL REQUIREMENT FOR ALL PARAPROFESSIONALS- Each local educational
agency receiving assistance under this part shall ensure that each
paraprofessional working in a program assisted under this part, regardless of
the paraprofessional's hiring date, possesses a secondary school diploma or
its recognized equivalent.
`(f) DUTIES OF PARAPROFESSIONALS-
`(1) IN GENERAL- Each local educational agency receiving assistance
under this part shall ensure that a paraprofessional working in a program
assisted under this part is not assigned a duty inconsistent with this
subsection.
`(2) AUTHORIZED RESPONSIBILITIES- A paraprofessional described in
paragraph (1) may be assigned--
`(A) to provide 1-on-1 tutoring for eligible students under this part,
if the tutoring is scheduled at a time when the student would not
otherwise receive instruction from a teacher;
`(B) to assist with classroom management, such as organizing
instructional and other materials;
`(C) to provide assistance in a computer laboratory;
`(D) to conduct parental involvement activities or school readiness
activities that are noninstructional;
`(E) to provide support in a library or media center;
`(F) to act as a translator; or
`(G) to provide assistance with extra curricular activities which are
noninstructional.
`(3) LIMITATIONS- A paraprofessional described in paragraph (1)--
`(A) shall not perform the duties of a certified teacher or a
substitute; and
`(B) shall not perform any duty assigned under paragraph (2) unless
under the direct supervision of a fully qualified teacher or other
appropriate professional.
`(1) PROFESSIONAL DEVELOPMENT- Notwithstanding subsection (h)(2), 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 the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act, a local
educational agency may not use funds received under this part to fund any
paraprofessional hired after such date unless--
`(i) the hiring is to fill a vacancy created by the departure of
another paraprofessional funded under this part; or
`(ii) the local educational agency can demonstrate that a
significant influx of population has substantially increased student
enrollment, or demonstrate an increased need for translators or
assistance with parent involvement activities.
`(B) EXCEPTION- Subparagraph (A) shall not apply to a local
educational agency that can demonstrate to the State that all core classes
taught in the schools served by the local educational agency are taught by
fully qualified teachers.
`(h) STATE CERTIFICATION- Each State educational agency receiving
assistance under this part shall--
`(1) ensure that the State educational agency has in place State
criteria for the certification of paraprofessionals by December 31, 2002;
and
`(2) ensure that paraprofessionals hired before December 31, 2003, are
in high-quality professional development activities that ensure that the
paraprofessional has the ability to provide tutorial assistance in--
`(A) reading, writing, and mathematics: or
`(B) reading readiness, writing readiness, and mathematics readiness,
as appropriate.
`(i) VERIFICATION OF COMPLIANCE-
`(1) IN GENERAL- In verifying compliance with this section, each local
educational agency, at a minimum, shall require that the principal of each
elementary school and secondary school operating a program under section
1114 or 1115 annually attest in writing as to whether each such school is in
compliance with the requirements of this section.
`(2) AVAILABILITY OF INFORMATION- Copies of the annual certification
described in paragraph (1)--
`(A) shall be maintained at each elementary school and secondary
school operating a program under section 1114 or 1115 and at the main
office of the local educational agency; and
`(B) shall be available to any member of the general public upon
request.'.
SEC. 113. PROFESSIONAL DEVELOPMENT.
Section 1119A (as redesignated by section 112(a)) is amended--
(1) by amending subsection (a) to read as follows:
`(a) PURPOSE- The purpose of this section is to assist each local
educational agency receiving assistance under this part in increasing the
academic achievement of eligible children (as identified under section
1115(b)(1)(B)) (in this section referred to as eligible children) through
improved teacher quality.';
(A) by amending paragraph (1) to read as follows:
`(1) REQUIRED ACTIVITIES- Each local educational agency receiving
assistance under this part shall provide professional development activities
under this section that shall--
`(A) give teachers, principals, and administrators the knowledge and
skills to provide eligible children with the opportunity to meet
challenging State or local content standards and student performance
standards;
`(B) support the recruiting, hiring, and training of fully qualified
teachers, including teachers fully qualified through State and local
alternative routes;
`(C) advance teacher understanding of effective instructional
strategies, based on scientifically based research, for improving eligible
children achievement, at a minimum, in mathematics, science, and English
language arts;
`(D) be directly related to the curricula and content areas in which
the teacher provides instruction;
`(E) be designed to enhance the ability of a teacher to understand and
use the State's standards for the subject area in which the teacher
provides instruction;
`(F) be tied to scientifically based research that demonstrates the
effectiveness of such professional development activities or programs in
increasing eligible children achievement or substantially increasing the
knowledge and teaching skills of teachers;
`(G) be of sufficient intensity and duration (not to include 1-day or
short-term workshops and conferences) to have a positive and lasting
impact on the teacher's performance in the classroom, except that this
subparagraph shall not apply to an activity if such activity is one
component of a long-term comprehensive professional development plan
established by the teacher and the teacher's supervisor based upon an
assessment of their needs, their eligible children's needs, and the needs
of the local educational agency;
`(H) be developed with extensive participation of teachers,
principals, parents, administrators of schools, and local school boards of
schools to be served under this part;
`(I) to the extent appropriate, provide training for teachers in the
use of technology so that technology and its applications are effectively
used in the classroom to improve teaching and learning in the curricula
and academic content areas in which the teachers provide
instruction;
`(J) as a whole, be regularly evaluated for such activities' impact on
increased teacher effectiveness and improved student achievement, with the
findings of such evaluations used to improve the quality of professional
development; and
`(K) include strategies for identifying and eliminating gender and
racial bias in instructional materials, methods, and practices.';
(i) in subparagraph (A), by inserting `and data to inform and
instruct classroom practice' before the semicolon;
(ii) by striking subparagraphs (D) and (G);
(iii) by redesignating subparagraphs (E), (F), (H), and (I), as
subparagraphs (D), (E), (F) and (G), respectively; and
(iv) by inserting after subparagraph (G) (as redesignated by clause
(iii)) the following new subparagraph:
`(H) instruction in the ways that teachers, principals, and guidance
counselors can work with parents and students from groups, such as females
and minorities, that are underrepresented in careers in mathematics,
science, engineering, and technology, to encourage and maintain the
interest of such students in those careers.';
(3) by striking subsections (f) through (i); and
(4) by adding after subsection (e) the following:
`(f) CONSOLIDATION OF FUNDS- Funds provided under this part that are used
for professional development purposes may be consolidated with funds provided
under title II of this Act and other sources.
`(g) DEFINITION- The term `fully qualified' has the same meaning given
such term in section 2001(1).
`(1) IN GENERAL- No State educational agency shall require a local
educational agency or elementary school or secondary school to expend a
specific amount of funds for professional development activities under this
part.
`(2) EXCEPTION- Paragraph (1) shall not apply with respect to
requirements under section 1116(d)(9).'.
SEC. 114. FISCAL REQUIREMENTS.
Section 1120A(a) (20 U.S.C. 6322(a)) is amended by striking `section
14501' and inserting `section 8501'.
SEC. 115. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6323) is amended--
(1) in subsection (a), by striking `to the extent feasible' and all that
follows through the period and inserting `in coordination with local Head
Start agencies, and if feasible, other early childhood development
programs.';
(A) in paragraph (3) by striking `and' after the semicolon;
(B) in paragraph (4) by striking the period and inserting `; and';
and
(C) by adding at the end, the following:
`(5) linking the educational services provided in such local educational
agency with the services provided in local Head Start agencies.'.
SEC. 116. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended to read as follows:
`SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
`(a) RESERVATION OF FUNDS- From the amount appropriated for payments to
States for any fiscal year under section 1002(a), the Secretary shall reserve
a total of 1 percent to provide assistance to--
`(1) the outlying areas in the amount determined in accordance with
subsection (b); and
`(2) the Secretary of the Interior in the amount necessary to make
payments pursuant to subsection (d).
`(b) ASSISTANCE TO OUTLYING AREAS-
`(1) GRANTS AUTHORIZED- From the amount made available for a fiscal year
under subsection (a), the Secretary shall award grants to the outlying areas
and freely associated States to carry out the purposes of this part.
`(2) COMPETITIVE GRANTS- For each of fiscal years 2000 and 2001, the
Secretary shall ensure that grants are awarded under this subsection on a
competitive basis in accordance with paragraph (3).
`(3) REQUIREMENTS AND LIMITATION FOR COMPETITIVE GRANTS-
`(A) RECOMMENDATIONS- The Secretary shall award grants under this
subsection on the basis of the recommendations of the Pacific Region
Educational Laboratory in Honolulu, Hawaii.
`(B) TERMINATION OF ELIGIBILITY- Notwithstanding any other provision
of law, the freely associated States shall not be eligible to receive
funds under this part after September 30, 2001.
`(C) ADMINISTRATIVE COSTS- The Secretary may provide that not more
than 5 percent of the amount reserved for grants under this subsection
will be used to pay the administrative costs of the Pacific Region
Educational Laboratory for services provided under subparagraph
(A).
`(4) SPECIAL RULE- The provisions of Public Law 95-134 (91 Stat. 1159)
that permit the consolidation of grants by the outlying areas shall not
apply to funds provided to the freely associated States under this
subsection.
`(5) FUNDING- The amount reserved by the Secretary to award grants under
this subsection shall not exceed the amount reserved under this section (as
this section existed on the day prior to the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act) for the freely
associated States for fiscal year 1999.
`(6) DEFINITIONS- In this subsection and subsection (a):
`(A) FREELY ASSOCIATED STATES- The term `freely associated States'
means the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
`(B) OUTLYING AREA- The term `outlying area' means the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
`(c) ALLOTMENT TO THE SECRETARY OF THE INTERIOR-
`(1) IN GENERAL- The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year shall be, as
determined pursuant to criteria established by the Secretary, the amount
necessary to meet the special educational needs of--
`(A) Indian children on reservations served by elementary and
secondary schools for Indian children operated or supported by the
Department of the Interior; and
`(B) out-of-State Indian children in elementary and secondary schools
in local educational agencies under special contracts with the Department
of the Interior.
`(2) PAYMENTS- From the amount allotted for payments to the Secretary of
the Interior under subsection (a)(2), the Secretary of the Interior shall
make payments to local educational agencies, upon such terms as the
Secretary determines will best carry out the purposes of this part, with
respect to out-of-State Indian children described in paragraph (1). The
amount of such payment may not exceed, for each such child, the greater
of--
`(A) 40 percent of the average per pupil expenditure in the State in
which the agency is located; or
`(B) 48 percent of such expenditure in the United States.'.
SEC. 117. AMOUNTS FOR GRANTS.
Section 1122 (20 U.S.C. 6332) is amended to read as follows:
`SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND TARGETED
GRANTS.
`(1) ALLOCATION TO STATES- Of the amount appropriated to carry out this
part for each of fiscal years 2001 through 2005 (each such year, as
appropriate, shall be referred to in this subsection as the `current fiscal
year'), the amount to be allocated to States for a fiscal year based on
population data for local educational agencies in such States, shall be
equal to the sum of--
`(A) an amount equal to the sum of--
`(i) the amount made available to carry out section 1124 (as such
section existed on the day prior to the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act) for fiscal
year 1999; and
`(ii) 21.25 percent of the amount, if any, by which the amount
appropriated under section 1002(a) for the current fiscal year exceeds
the amount appropriated under such section (as such section
existed
on the day prior to the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act) for fiscal year 1999, to be
allocated in accordance with section 1124;
`(B) an amount equal to the sum of--
`(i) the amount made available to carry out section 1124A (as such
section existed on the day prior to the date of enactment of the Public
Education Reinvestment, Reinvention, and Responsibility Act) for fiscal
year 1999; and
`(ii) 3.75 percent of the amount, if any, by which the amount
appropriated under section 1002(a) for the current fiscal year exceeds
the amount appropriated under such section (as such section existed on
the day prior to the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act) for fiscal year 1999,
to be allocated in accordance with section 1124A; and
`(C) an amount equal to 75 percent of the amount, if any, by which the
amount appropriated under section 1002(a) for the current fiscal year
exceeds the amount appropriated under such section (as such section
existed on the day prior to the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act) for fiscal year 1999,
to be allocated in accordance with section 1125.
`(2) ALLOCATION TO LOCAL EDUCATIONAL AGENCIES- Of the total amounts
allocated to a State under this part for each of fiscal years 2001 and 2002,
96.5 percent shall be allocated by the State educational agency to local
educational agencies, and for each of fiscal years 2003 through 2005, 95.5
percent shall be allocated to local educational agencies, of which--
`(A) 75 percent shall be allocated in accordance with section
1125;
`(B) 21.25 percent shall be allocated in accordance with section 1124;
and
`(C) 3.75 percent shall be allocated in accordance with section
1124A.
`(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS-
`(1) IN GENERAL- If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all States and local
educational agencies are eligible to receive under sections 1124, 1124A, and
1125 for such fiscal year, the Secretary shall ratably reduce the
allocations to such States and local educational agencies, subject to
subsections (c) and (d).
`(2) ADDITIONAL FUNDS- If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal year,
allocations that were reduced under paragraph (1) shall be increased on the
same basis as they were reduced.
`(c) HOLD-HARMLESS AMOUNTS-
`(1) GRANTS TO STATES- The total amount allocated to each State under
this part in each fiscal year shall not be less than the amount allocated to
each State in the preceding fiscal year.
`(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES- The total amount allocated to
each local educational agency under this part in each fiscal year shall not
be less than an amount equal to 85 percent of the amount allocated to each
local educational agency in the preceding fiscal year.
`(1) IN GENERAL- If the sums made available under this part for any
fiscal year are insufficient to pay the full amounts that all States are
eligible to receive under subsection (c) for such year, the Secretary shall
ratably reduce such amounts for such year.
`(2) ADDITIONAL FUNDS- If additional funds become available for making
payments under subsection (c) for such fiscal year, amounts that were
reduced under paragraph (1) shall be increased on the same basis as such
amounts were reduced.
`(e) DEFINITION- For the purpose of this section and sections 1124, 1124A,
and 1125, the term `State' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.'.
SEC. 118. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended to read as follows:
`SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO RICO- Except as
provided in paragraph (3) and in section 1126, the amount of a grant that a
local educational agency is eligible to receive under this section for a
fiscal year shall be determined by multiplying--
`(A) the number of children counted under subsection (c); and
`(B) 40 percent of the average per-pupil expenditure in the State
involved, except that the amount determined under this subparagraph shall
not be less than 32 percent or more than 48 percent, of the average
per-pupil expenditure in the United States.
`(2) CALCULATION OF GRANTS-
`(A) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- The Secretary shall
calculate the amount of grants under this section on the basis of the
number of children counted under subsection (c) for local educational
agencies. For purposes of this subparagraph, the Secretary and the
Secretary of Commerce shall publicly disclose the reasoning for their
determinations under subsection (c) in detail.
`(B) ALLOCATIONS TO LARGE AND SMALL LOCAL EDUCATIONAL
AGENCIES-
`(i) APPLICATION OF PROVISION- The Secretary shall determine the
amount
of grant awards under this section for each large or small local educational
agency.
`(ii) LARGE AGENCIES- The amount of a grant awarded under this
section for each large local educational agency shall be the amount
determined by the Secretary under clause (i).
`(iii) SMALL AGENCIES- With respect to the amount of a grant awarded
under this section to a small local educational agency, the State
educational agency may--
`(I) provide such grant in an amount determined by the Secretary
under clause (i); or
`(II) use an alternative method approved by the Secretary to
distribute the portion of the State's total grants under this section
that is based on the number of small local educational
agencies.
`(iv) ALTERNATIVE METHOD- An alternative method approved under
clause (iii)(II) shall be based on population data that the State
educational agency determines best reflects the current distribution of
children in poor families among the State's small local educational
agencies that meet the eligibility criteria of subsection
(b).
`(v) APPEALS- A small local educational agency that is dissatisfied
with the determination of its grant amount by the State educational
agency under clause (iii)(II), may appeal that determination to the
Secretary, who shall respond not later than 45 days after receipt of
such appeal.
`(vi) DEFINITION- In this subparagraph:
`(I) LARGE LOCAL EDUCATIONAL AGENCY- The term `large local
educational agency' means a local educational agency serving an area
with a total population of 20,000 or more.
`(II) SMALL LOCAL EDUCATIONAL AGENCY- The term `small local
educational agency' means a local educational agency serving an area
with a total population of less than 20,000.
`(A) IN GENERAL- For each fiscal year, the amount of the grant that
the Commonwealth of Puerto Rico shall be eligible to receive under this
section shall be determined by multiplying the number of children counted
under subsection (c) for the Commonwealth of Puerto Rico by the product
of--
`(i) the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States; and
`(ii) 32 percent of the average per pupil expenditure in the United
States.
`(B) MINIMUM PERCENTAGE- The percentage in subparagraph (A)(i) shall
not be less than--
`(i) for fiscal year 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 the State or District received under this part for the
preceding fiscal year, the percentage shall be the greater of the
percentage described in subparagraph (A)(i) or the percentage used for the
preceding fiscal year.
`(4) DEFINITION- In this subsection, the term `State' does not include
Guam, American Samoa, the Virgin Islands, and the Northern Mariana
Islands.
`(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY- A local educational agency
shall be eligible for a basic grant under this section for any fiscal year
only if--
`(1) there are 10 or more children counted under subsection (c) with
respect to that agency; and
`(2) such children make up more than 2 percent of the total school-age
population in the agency's jurisdiction.
`(c) CHILDREN TO BE COUNTED-
`(1) CATEGORIES OF CHILDREN- The number of children to be counted for
purposes of this section is the aggregate of--
`(A) the number of children ages 5 to 17, inclusive, in the school
district of the local educational agency involved from families below the
poverty level as determined under paragraph (2); and
`(B) the number of children (determined under paragraph (4) for either
the preceding year as described in that paragraph, or for the second
preceding year, as the Secretary finds appropriate) ages 5 to 17,
inclusive, in the school district of the local educational agency involved
in institutions for neglected and delinquent children (other than such
institutions operated by the United States), but not counted pursuant to
subpart 1 of part D for the purposes of a grant to a State agency, or
being supported in foster homes with public funds.
`(2) DETERMINATION OF NUMBER OF CHILDREN-
`(A) NUMBER OF CHILDREN BELOW THE POVERTY LEVEL- For purposes of this
subsection, the Secretary shall determine the number of children ages 5 to
17, inclusive, from families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph (3), that is
available from the Department of Commerce.
`(i) DISTRICT OF COLUMBIA AND PUERTO RICO- The District of Columbia
and the Commonwealth of Puerto Rico shall be treated as individual local
educational agencies for purposes of this paragraph.
`(ii) MULTIPLE COUNTIES- If a local educational agency contains 2 or
more counties in their entirety, then each county will be treated as if
such county were a separate local educational agency for purposes of
calculating grants under this part. The total of grants for such
counties shall be allocated to such local educational agency and the
local educational agency shall distribute to schools in each county
within such agency a share of the local educational agency's total grant
in an amount that is not less than the county's share of the population
counts used to calculate the local educational agency's
grant.
`(A) IN GENERAL- In fiscal year 2001, and every 2 years thereafter,
the Secretary shall use updated data on the number of children, ages 5 to
17, inclusive, from families below the poverty level for local educational
agencies or counties, as published by the Department of Commerce, unless
the Secretary and the Secretary of Commerce determine that the use of the
updated population data would be inappropriate or unreliable.
`(B) CRITERIA OF POVERTY- In determining the families which are below
the poverty level, the Secretary shall utilize the criteria of poverty
used by the Bureau of the Census in compiling the most recent decennial
census, in such form as those criteria have been updated by increases in
the Consumer Price Index for all urban consumers, published by the Bureau
of Labor Statistics.
`(C) INAPPROPRIATE OR UNRELIABLE DATA- If the Secretary and the
Secretary of Commerce determine that some or all of the data referred to
in subparagraph (A) are inappropriate or unreliable, the Secretaries shall
publicly disclose the reasons for such determination.
`(4) OTHER CHILDREN TO BE COUNTED-
`(A) IN GENERAL- For the purposes of this section, the Secretary
shall--
`(i) determine the number of children ages 5 to 17, inclusive, from
families above the poverty line on the basis of the number of such
children from families receiving an annual income in excess of the
annual income current criteria of poverty for payments under a State
program funded under part A of title IV of the Social Security Act;
and
`(ii) in making a determination under clause (i), utilize the
criteria of poverty used by the Bureau of the Census in compiling the
most recent decennial census for a family of 4 in such form as those
criteria have been updated by increases in the Consumer Price Index for
all urban consumers, published by the Bureau of Labor
Statistics.
`(B) CASELOAD DATA- The Secretary shall determine the number of
children described in subparagraph (A) and the number of children ages 5
to 17, inclusive, living in institutions for neglected or delinquent
children, or being supported in foster homes with public funds, on the
basis of the caseload data for the month of October of the year preceding
the fiscal year for which the determination is being made (using, in the
case of children described in the preceding sentence, the criteria of
poverty and the form of such criteria required by such sentence which were
determined for the calendar year preceding such month of October) or, to
the extent that such data are not available to the Secretary before
January of the calendar year in which the Secretary's determination is
made, then on the basis of the most recent reliable data available to the
Secretary at the time of such determination. For the purpose of this
section, the Secretary shall consider all children who are in correctional
institutions to be living in institutions for delinquent
children.
`(C) COLLECTION AND TRANSMISSION OF DATA- The Secretary of Health and
Human
Services shall collect and transmit the information required by this
subparagraph to the Secretary not later than January 1 of each year.
`(5) ESTIMATE- When requested by the Secretary, the Secretary of
Commerce shall make a special updated estimate of the number of children of
such ages who are from families below the poverty level in each school
district, and the Secretary may pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making this special
estimate. The Secretary of Commerce shall give consideration to any request
of the chief executive of a State for the collection of additional census
information.
`(d) STATE MINIMUM- Notwithstanding section 1122, the aggregate amount
allotted for all local educational agencies within a State may not be less
than the lesser of--
`(1) 0.25 percent of total amount of grants awarded under this section;
or
`(A) one-quarter of 1 percent of the total amount available for such
fiscal year under this section; and
`(B) the number of children in such State counted under subsection (c)
in the fiscal year multiplied by 150 percent of the national average per
pupil payment made with funds available under this section for that
year.'.
SEC. 119. CONCENTRATION GRANTS.
Section 1124A (20 U.S.C. 6334.) is amended to read as follows:
`SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS-
`(A) IN GENERAL- Except as otherwise provided in this paragraph, each
local educational agency in a State other than Guam, American Samoa, the
Virgin Islands, and the Commonwealth of the Northern Mariana Islands, that
is eligible for a grant under section 1124 for any fiscal year shall be
eligible for an additional grant under this section for that fiscal year
if the number of children counted under section 1124(c) with respect to
the agency exceeds--
`(ii) 15 percent of the total number of children ages 5 through 17,
inclusive, in the agency.
`(B) MINIMUM AMOUNT- Notwithstanding section 1122, no State described
in subparagraph (A) shall receive an amount under this section that is
less than the lesser of--
`(i) 0.25 percent of the total amount of grants awarded under this
section; or
`(I) one-quarter of 1 percent of the amounts made available to
carry out this section for such fiscal year; and
`(aa) $340,000; or
`(bb) the number of children in such State counted for purposes of
this section in that fiscal year multiplied by 150 percent of the national
average per pupil payment made with funds available under this section for that
year.
`(2) SPECIAL RULE- For each local educational agency eligible to receive
an additional grant under this section for any fiscal year the Secretary
shall determine the product of--
`(A) the number of children counted under section 1124(c) for that
fiscal year; and
`(B) the quotient resulting from the division of the amount determined
for those agencies under section 1124(a)(1) for the fiscal year for which
the determination is being made divided by the total number of children
counted under section 1124(c) for that agency for that fiscal
year.
`(3) AMOUNT- The amount of an additional grant for which an eligible
local educational agency is eligible under this section for any fiscal year
shall be an amount that bears the same ratio to the amount available to
carry out this section for that fiscal year as the product determined under
paragraph (2) for such local educational agency for that fiscal year bears
to the sum of such product for all local educational agencies in the United
States for that fiscal year.
`(4) LOCAL ALLOCATIONS- Grant amounts under this section shall be
determined in accordance with section 1124(a)(2) and (3).
`(b) STATES RECEIVING MINIMUM GRANTS- With respect to a State that
receives a grant for the minimum amount under subsection (a)(1)(B), the State
educational agency shall allocate such amount among the local educational
agencies in each State either--
`(1) in accordance with paragraphs (2) and (4) of subsection (a);
or
`(2) based on their respective concentrations and numbers of children
counted under section 1124(c), except that only those local educational
agencies with concentrations or numbers of children counted under section
1124(c) that exceed the statewide average percentage of such children or the
statewide average number of such children shall receive any funds on the
basis of this paragraph.'.
SEC. 120. TARGETED GRANTS.
Section 1125 (20 U.S.C 6335) is amended to read as follows:
`SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
`(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES- A local educational agency
in a State shall be eligible to receive a targeted grant under this section
for any fiscal year if the number of children in the local educational agency
counted under subsection 1124(c), before the application of the weighting
factor described in subsection (c), is at least 10, and if the number of
children counted for grants under section 1124 is at least 5 percent of the
total population age 5 to 17 years, inclusive, in the local educational
agency.
`(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT OF COLUMBIA, AND
PUERTO RICO-
`(1) IN GENERAL- The amount of a grant that a local educational agency
in a State or that the District of Columbia is eligible to receive under
this section for any fiscal year shall be equal to the product of--
`(A) the weighted child count determined under subsection (c);
and
`(B) the amount determined under section 1124(a)(1)(B).
`(2) PUERTO RICO- For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible to receive under this
section shall be equal to the number of children counted under subsection
(c) for Puerto Rico, multiplied by the amount determined under section
1124(a)(4).
`(c) WEIGHTED CHILD COUNT-
`(1) IN GENERAL- For each fiscal year, the weighted child count used to
determine a local educational agency's grant under this section shall be
equal to the sum of--
`(A) the number of children determined under section 1124(c) for that
local educational agency constituting up to 14.265 percent, inclusive, of
the agency's total population ages 5 to 17, inclusive, multiplied by
1.0;
`(B) the number of such children constituting more than 14.265
percent, but not more than 21.553 percent, of such population, multiplied
by 1.75;
`(C) the number of such children constituting more than 21.553
percent, but not more than 29.223 percent, of such population, multiplied
by 2.5;
`(D) the number of such children constituting more than 29.223
percent, but not more than 36.538 percent, of such population, multiplied
by 3.25; and
`(E) the number of such children constituting more than 36.538 percent
of such population, multiplied by 4.0.
`(2) PUERTO RICO- Notwithstanding subparagraph (A), the weighted child
count for Puerto Rico under this paragraph shall not be greater than the
total number of children counted under section 1124(c) multiplied by
1.72.
`(d) CALCULATION OF GRANT AMOUNTS- Grants under this section shall be
calculated in accordance with section 1124(a)(2) and (3).
`(e) STATE MINIMUM- Notwithstanding any other provision of this section or
section 1122, from the total amount made available for any fiscal year to
carry out this section, each State shall be allotted at least the lesser
of--
`(1) 0.25 percent of the total amount of grants awarded under this
section; or
`(A) one-quarter of 1 percent of the total amount available for such
fiscal year to carry out this section; and
`(B) 150 percent of the national average grant under this section per
child described in section 1124(c), without application of a weighting
factor, multiplied by the State's total number of children described in
section 1124(c), without application of a weighting factor.'.
SEC. 121. SPECIAL ALLOCATION PROCEDURES.
Section 1126 (20 U.S.C. 6337) is amended to read as follows:
`SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
`(a) ALLOCATIONS FOR NEGLECTED CHILDREN-
`(1) IN GENERAL- If a State educational agency determines that a local
educational agency in the State is unable or unwilling to provide for the
special educational needs of children who are living in institutions for
neglected children as described in subparagraph (B) of section 1124(c)(1),
the State educational agency shall, if such agency assumes responsibility
for the special educational needs of such children, receive the portion of
such local educational agency's allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
`(2) SPECIAL RULE- If the State educational agency does not assume the
responsibility described in paragraph (1), any other State or local public
agency that does assume such responsibility shall receive that portion of
the local educational agency's allocation.
`(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES- The State educational
agency may allocate the amounts of grants under sections 1124, 1124A, and 1125
among the affected local educational agencies--
`(1) if 2 or more local educational agencies serve, in whole or in part,
the same geographical area;
`(2) if a local educational agency provides free public education for
children who reside in the school district of another local educational
agency; or
`(3) to reflect the merger, creation, or change of boundaries of 1 or
more local educational agencies.
`(c) REALLOCATION- If a State educational agency determines that the
amount of a grant that a local educational agency would receive under sections
1124, 1124A, and 1125 is more than such local agency will use, the State
educational agency shall make the excess amount available to other local
educational agencies in the State that need additional funds in accordance
with criteria established by the State educational agency.'.
PART B--EVEN START FAMILY LITERACY PROGRAMS
SEC. 131. PROGRAM AUTHORIZED.
Section 1202(c) (20 U.S.C. 6362(c)) is amended--
(1) in paragraph (1), by striking `section 2260(b)(3)' and inserting
`section 7005(c)';
(2) by striking paragraph (2)(C); and
(A) by striking `is defined' and inserting `was defined'; and
(B) by inserting `as such section was in effect on the day preceding
the date of enactment of the Public Education Reinvestment, Reinvention,
and Responsibility Act' after `2252'.
SEC. 132. APPLICATIONS.
Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) is amended by striking
`the Goals 2000' and all that follows through the period and inserting `or
other Acts, as appropriate, consistent with section 8305.'.
SEC. 133. RESEARCH.
Section 1211(b) (20 U.S.C. 6396b(b)) is amended to read as follows:
`(b) DISSEMINATION- The Secretary shall disseminate, or designate another
entity to disseminate, the results of the research described in subsection (a)
to States and recipients of subgrants under this part.'.
PART C--EDUCATION OF MIGRATORY CHILDREN
SEC. 141. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
Section 1306(a)(1) (20 U.S.C. 6369(a)(1)) is amended--
(1) in subparagraph (A), by striking `the Goals 2000' and all that
follows through the period and inserting `or other Acts, as appropriate,
consistent with section 8305;';
(2) in subparagraph (B), by striking `section 14302' and inserting
`section 8302'; and
(3) in subparagraph (F), by striking `bilingual education' and all that
follows and inserting `language instruction programs under title III;
and'.
PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH WHO
ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING OUT
SEC. 151. STATE PLAN AND STATE AGENCY APPLICATIONS.
Section 1414 (20 U.S.C. 6434) is amended--
(1) in subsection (a)(1), by striking `the Goals 2000' and all that
follows through the period and inserting `or other Acts, as appropriate,
consistent with section 8305.'; and
(A) in paragraph (6), by striking `section 14701' and inserting
`section 8701'; and
(B) in paragraph (7), by striking `section 14501' and inserting
`section 8501'.
SEC. 152. USE OF FUNDS.
Section 1415(a)(2)(D) (20 U.S.C. 6435(a)(2)(D)) is amended by striking
`section 14701' and inserting `section 8701'.
PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION
PROJECTS
SEC. 161. EVALUATIONS.
Section 1501 (20 U.S.C. 6491) is amended--
(1) in subsection (a)(4)--
(A) by striking `January 1, 1996' and inserting `January 1, 2002';
and
(B) by striking `January 1, 1999' and inserting `January 1,
2005';
(2) in subsection (b)(1), by striking `December 31, 1997' and inserting
`December 31, 2003'; and
(3) in subsection (e)(2), by striking `December 31, 1996' and inserting
`December 31, 2002'.
SEC. 162. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
Section 1502 (20 U.S.C. 6492) is amended to read as follows:
`SEC. 1502. COMPREHENSIVE SCHOOL REFORM.
`(a) FINDINGS AND PURPOSE-
`(1) FINDINGS- Congress finds the following:
`(A) A number of schools across the country have shown impressive
gains in student performance through the use of comprehensive models for
schoolwide change that incorporate virtually all aspects of school
operations.
`(B) No single comprehensive school reform model may be suitable for
every school, however, schools should be encouraged to examine successful,
externally developed comprehensive school reform approaches as they
undertake comprehensive school reform.
`(C) Comprehensive school reform is an important means by which
children are assisted in meeting challenging State student performance
standards.
`(2) PURPOSE- The purpose of this section is to provide financial
incentives for schools to develop comprehensive school reforms, based upon
scientifically based research and effective practices that include an
emphasis on basic academics and parental
involvement so that all children can meet challenging State content and
performance standards.
`(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- Funds appropriated for any fiscal
year under section 1002(f) shall be used for carrying out the activities under
this section.'.
PART F--RURAL EDUCATION DEVELOPMENT INITIATIVE
SEC. 171. RURAL EDUCATION DEVELOPMENT INITIATIVE.
Title I (20 U.S.C. 6301 et seq.) is amended--
(1) by redesignating part F (20 U.S.C. 6511 et seq.) as part G;
(2) by redesignating sections 1601 through 1604 (20 U.S.C. 6511, 6514)
as sections 1701 through 1704, respectively, and by redesignating
accordingly the references to such sections in part G (as so redesignated);
and
(3) by inserting after part E (20 U.S.C. 6491 et seq.) the
following:
`PART F--RURAL EDUCATION DEVELOPMENT INITIATIVE
`SEC. 1601. FINDINGS.
`This part may be cited as the `Rural Education Initiative Act of
2000'.
`SEC. 1602. 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 3 or more
subject areas than teachers in urban schools. Rural schools also face other
tough challenges, such as shrinking local tax bases, high transportation
costs, aging buildings, limited course offerings, and limited
resources.
`Subpart 1--Small and Rural School Program
`SEC. 1611. 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. 1612. 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 1611(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. 1613. ACCOUNTABILITY.
`(a) ACADEMIC ACHIEVEMENT-
`(1) IN GENERAL- Each local educational agency that uses or receives
funds under section 1611 or 1612 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 1611 or 1612 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 1611(c) shall--
`(1) after the 2d year that a local educational agency participates in a
program under section 1611 or 1612 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. 1621. PROGRAM AUTHORIZED.
`(a) RESERVATIONS- From amounts appropriated under section 1632 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 1632 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 1623 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 1632 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 1623 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--
`(A) educational technology, including software and hardware;
`(B) professional development;
`(C) technical assistance;
`(D) teacher recruitment and retention;
`(E) parental involvement activities; or
`(F) academic enrichment programs.
`SEC. 1622. 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. 1623. 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. 1624. 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
1623.
`(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
1621(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. 1625. 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
1621(b)(4).
`Subpart 3--General Provisions
`SEC. 1631. 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. 1632. 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 4 succeeding fiscal years to be distributed equally between subparts 1 and
2.'.
PART G--GENERAL PROVISIONS
SEC. 181. FEDERAL REGULATIONS.
Section 1701(b)(4) (20 U.S.C. 6511(b)(4)) (as redesignated by section
161(2)) is amended by striking `July 1, 1995' and inserting `May 1, 2000'.
SEC. 182. STATE ADMINISTRATION.
Section 1703 (20 U.S.C. 6513) (as redesignated by section 161(2)) is
amended by striking subsection (c).
TITLE II--TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND
CLASS SIZE
SEC. 201. TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND CLASS
SIZE.
Title II (20 U.S.C. 6601 et seq.) is amended to read as follows:
`TITLE II--TEACHER AND PRINCIPAL QUALITY, PROFESSIONAL DEVELOPMENT, AND
CLASS SIZE
`SEC. 2001. PURPOSE.
`The purpose of this title is to provide grants to State educational
agencies and local educational agencies in order to assist their efforts to
increase student academic achievement through such strategies as improving
teacher and principal quality, increasing professional development, and
decreasing class size.
`SEC. 2002. DEFINITIONS.
`(1) FULLY QUALIFIED- The term `fully qualified' means--
`(A) in the case of an elementary school teacher (other than a teacher
teaching in a public charter school), a teacher who, at a
minimum--
`(i) has obtained State certification (which may include
certification obtained through alternative means), or a State license,
to teach in the State in which the teacher teaches;
`(ii) holds a bachelor's degree from an institution of higher
education; and
`(iii) demonstrates subject matter knowledge, teaching knowledge,
and the teaching skills required to teach effectively reading, writing,
mathematics, science, social studies, and other elements of a liberal
arts education; and
`(B) in the case of a secondary school teacher (other than a teacher
teaching in a public charter school), a teacher who, at a
minimum--
`(i) has obtained State certification (which may include
certification obtained through alternative means), or a State license,
to teach in the State in which the teacher teaches;
`(ii) holds a bachelor's degree from an institution of higher
education; and
`(iii) demonstrates a high level of competence in all subject areas
in which the teacher teaches through--
`(I) completion of an academic major (or courses totaling an
equivalent number of credit hours) in each of the subject areas in
which the teacher provides instruction;
`(II) achievement of a high level of performance in other
professional employment experience in subject areas relevant to the
subject areas in which the teacher provides instruction;
or
`(III) achievement of a high level of performance on rigorous
academic subject area tests administered by the State in which the
teacher teaches.
`(2) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' means an institution of higher education, as defined in section
101 of the Higher Education Act of 1965, that--
`(A) has not been identified as low performing under section 208 of
the Higher Education Act of 1965; and
`(B) is in full compliance with the public reporting requirements
described in section 207 of the Higher Education Act of 1965.
`(3) OUTLYING AREA- The term `outlying area' means the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
`(4) POVERTY LINE- The term `poverty line' means the poverty line (as
defined by the Office of Management and Budget, and revised annually in
accordance with section 673(2) of the Community Services Block Grant Act)
applicable to a family of the size involved, for the most recent year.
`(5) SCHOOL-AGE POPULATION- The term `school-age population' means the
population aged 5 through 17, as determined on the basis of the most recent
satisfactory data.
`(6) STATE- The term `State' means each of the several States in the
United States, the District of Columbia, and the Commonwealth of Puerto
Rico.
`PART A--TEACHER AND PRINCIPAL QUALITY AND PROFESSIONAL
DEVELOPMENT
`SEC. 2011. PROGRAM AUTHORIZED.
`(a) GRANTS AUTHORIZED- The Secretary shall award a grant, from allotments
made under subsection (b), to each State having a State plan approved under
section 2013, to enable the State to raise the quality of, and provide
professional development opportunities for, public elementary school and
secondary school teachers, principals, and administrators.
`(b) RESERVATIONS AND ALLOTMENTS-
`(1) RESERVATIONS- From the amount appropriated under section 2023 to
carry out this part for each fiscal year, the Secretary shall
reserve--
`(A) 1/2 of 1 percent of such amount for payments to the Bureau of
Indian Affairs for activities, approved by the Secretary, consistent with
this part;
`(B) 1/2 of 1 percent of such amount for payments to outlying areas,
to be allotted in accordance with their respective needs as determined by
the Secretary, for activities, approved by the Secretary, consistent with
this part; and
`(C) such sums as may be necessary to continue to support any
multiyear partnership program award made under parts A, C, and D (as such
parts were in effect on the day preceding the date of enactment of the
Public Education Reinvestment, Reinvention, and Responsibility Act) until
the termination of the multiyear award.
`(2) STATE ALLOTMENTS- From the amount appropriated under section 2023
for a fiscal year and remaining after the Secretary makes reservations under
paragraph (1), the Secretary shall allot to each State having a State plan
approved under section 2013 the sum of--
`(A) an amount that bears the same relationship to 50 percent of the
remainder as the school-age population from families with incomes below
the poverty line in the State bears to the school-age population from
families with incomes below the poverty line in all States; and
`(B) an amount that bears the same relationship to 50 percent of the
remainder as the school-age population in the State bears to the
school-age population in all States.
`(c) STATE MINIMUM- For any fiscal year, no State shall be allotted under
this section an amount that is less than 1/2 of 1 percent of the total amount
allotted to all States under subsection (b)(2).
`(d) HOLD-HARMLESS AMOUNTS- For fiscal year 2001, notwithstanding
subsection (b)(2), the amount allotted to each State under this section shall
be not less than 100 percent of the total amount the State was allotted under
part B (as such part was in effect on the day preceding the date of enactment
of the Public Education Reinvestment, Reinvention, and Responsibility Act) for
the preceding fiscal year.
`(e) RATABLE REDUCTIONS- If the sums made available under subsection
(b)(2) for any fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under subsection (d) for such year, the
Secretary shall ratably reduce such amounts for such year.
`SEC. 2012. WITHIN STATE ALLOCATION.
`(a) IN GENERAL- Each State educational agency for a State receiving a
grant under section 2011(a) shall--
`(1) set aside 10 percent of the grant funds to award educator
partnership grants under section 2021;
`(2) set aside not more than 5 percent of the grant funds to carry out
activities described the State plan submitted under section 2013; and
`(3) using the remaining 85 percent of the grant funds, make subgrants
by allocating to each local educational agency in the State the sum
of--
`(A) an amount that bears the same relationship to 60 percent of the
remainder as the school-age population from families with incomes below
the poverty line in the area served by the local educational agency bears
to the school-age population from families with incomes below the poverty
line in the area served by all local educational agencies in the State;
and
`(B) an amount that bears the same relationship to 40 percent of the
remainder as the school-age population in the area served by the local
educational agency bears to the school-age population in the area served
by all local educational agencies in the State.
`(b) HOLD-HARMLESS AMOUNTS-
`(1) FISCAL YEAR 2001- For fiscal year 2001, notwithstanding subsection
(a), the amount allocated to each local educational agency under this
section shall be not less than 100 percent of the total amount the local
educational agency was allocated under this title (as in effect on the day
preceding the date of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act) for fiscal year 2000.
`(2) FISCAL YEAR 2002- For fiscal year 2002, notwithstanding subsection
(a), the amount allocated to each local educational agency under this
section shall be not less than 85 percent of the amount allocated to the
local educational agency under this section for fiscal year 2001.
`(3) FISCAL YEARS 2003-2005- For each of fiscal years 2003 through 2005,
notwithstanding subsection (a), the amount allocated to each local
educational agency under this section shall be not less than 70 percent of
the amount allocated to the local educational agency under this section for
the previous fiscal year.
`(c) RATABLE REDUCTIONS- If the sums made available under subsection
(a)(3) for any fiscal year are insufficient to pay the full amounts that all
local educational agencies are eligible to receive under subsection (b) for
such year, the State educational agency shall ratably reduce such amounts for
such year.
`SEC. 2013. STATE PLANS.
`(1) COMPREHENSIVE STATE PLAN- The entity or agency responsible for
teacher certification or licensing under the laws of the State desiring a
grant under this part shall submit a State plan to the Secretary at such
time, in such manner, and accompanied by such information as the Secretary
may require. If the State educational agency is not the entity or agency
designated under the laws of the State as responsible for teacher
certification or licensing in the State, then the plan shall be developed in
consultation with the State educational agency. The entity or agency shall
provide annual evidence of such consultation to the Secretary.
`(2) CONSOLIDATED PLAN- A State plan submitted under paragraph (1) may
be submitted as part of a consolidated plan under section 8302.
`(b) CONTENTS- Each plan submitted under subsection (a) shall--
`(1) describe how the State is taking reasonable steps to--
`(A) reform teacher certification, recertification, or licensure
requirements to ensure that--
`(i) teachers have the necessary teaching skills and academic
content knowledge in the academic subjects in which the teachers are
assigned to teach;
`(ii) such requirements are aligned with the challenging State
content standards;
`(iii) teachers have the knowledge and skills necessary to help
students meet the challenging State student performance
standards;
`(iv) such requirements take into account the need, as determined by
the State, for greater access to, and participation in, the teaching
profession by individuals from historically underrepresented groups;
and
`(v) teachers have the necessary technological skills to integrate
more effectively technology in the teaching of content required by State
and local standards in all academic subjects in which the teachers
provide instruction;
`(B) develop and implement rigorous testing procedures for teachers,
as required in section 2002(1)(A), to ensure that the teachers have
teaching skills and academic content knowledge necessary to teach
effectively the content called for by State and local standards in all
academic subjects in which the teachers provide instruction;
`(C) establish, expand, or improve alternative routes to State
certification of teachers, especially in the areas of mathematics and
science, for highly qualified individuals with a baccalaureate degree,
including mid-career professionals from other occupations,
paraprofessionals, former military personnel, and recent college or
university graduates who have records of academic distinction and who
demonstrate the potential to become highly effective teachers;
`(D) reduce emergency teacher certification;
`(E) develop and implement effective programs, and provide financial
assistance, to assist local educational agencies, elementary schools, and
secondary schools in effectively recruiting and retaining fully qualified
teachers and principals, particularly in schools that have the lowest
proportion of fully qualified teachers or the highest proportion of
low-performing students;
`(F) provide professional development programs that meet the
requirements described in section 2019;
`(G) provide programs that are designed to assist new teachers during
their first 3 years of teaching, such as mentoring programs
that--
`(i) provide mentoring to new teachers from veteran teachers with
expertise in
the same subject matter as the new teachers are teaching;
`(ii) provide mentors time for activities such as coaching,
observing, and assisting teachers who are being mentored;
and
`(iii) use standards or assessments that are consistent with the
State's student performance standards and the requirements for
professional development activities described in section 2019 in order
to guide the new teachers;
`(H) provide technical assistance to local educational agencies in
developing and implementing activities described in section 2018;
and
`(I) ensure that programs in core academic subjects, particularly in
mathematics and science, will take into account the need for greater
access to, and participation in, such core academic subjects by students
from historically underrepresented groups, including females, minorities,
individuals with limited English proficiency, the economically
disadvantaged, and individuals with disabilities, by incorporating
pedagogical strategies and techniques that meet such students' educational
needs;
`(2) describe the activities for which assistance is sought under the
grant, and how such activities will improve students' academic achievement
and close academic achievement gaps of low-income, minority, and limited
English proficient students;
`(3) describe how the State will establish annual numerical performance
objectives under section 2014 for improving the qualifications of teachers
and the professional development of teachers, principals, and
administrators;
`(4) contain an assurance that the State consulted with local
educational agencies, education-related community groups, nonprofit
organizations, parents, teachers, school administrators, local school
boards, institutions of higher education in the State, and content
specialists in establishing the performance objectives described in section
2014;
`(5) describe how the State will hold local educational agencies,
elementary schools, and secondary schools accountable for meeting the
performance objectives described in section 2014 and for reporting annually
on the local educational agencies' and schools' progress in meeting the
performance objectives;
`(6) describe how the State will ensure that a local educational agency
receiving a subgrant under section 2012 will comply with the requirements of
this part;
`(7) provide an assurance that the State will require each local
educational agency, elementary school, or secondary school receiving funds
under this part to report publicly the local educational agency's or
school's annual progress with respect to the performance objectives
described in section 2014; and
`(8) describe how the State will coordinate professional development
activities authorized under this part with professional development
activities provided under other Federal, State, and local programs,
including programs authorized under titles I and III and, where appropriate,
the Individuals with Disabilities Education Act and the Carl D. Perkins
Vocational and Technical Education Act of 1998.
`(c) SECRETARY APPROVAL- The Secretary shall, using a peer review process,
approve a State plan if the plan meets the requirements of this section.
`(d) DURATION OF THE PLAN-
`(1) IN GENERAL- Each State plan shall--
`(A) remain in effect for the duration of the State's participation
under this part; and
`(B) be periodically reviewed and revised by the State, as necessary,
to reflect changes to the State's strategies and programs carried out
under this part.
`(2) ADDITIONAL INFORMATION- If a State receiving a grant under this
part makes significant changes to the State plan, such as the adoption of
new performance objectives, the State shall submit information regarding the
significant changes to the Secretary.
`SEC. 2014. PERFORMANCE OBJECTIVES.
`(a) IN GENERAL- Each State receiving a grant under this part shall
establish annual numerical performance objectives with respect to progress in
improving the qualifications of teachers and the professional development of
teachers, principals, and administrators. For each annual numerical
performance objective established, the State shall specify an incremental
percentage increase for the objective to be attained for each of the fiscal
years for which the State receives a grant under this part, relative to the
preceding fiscal year.
`(b) REQUIRED OBJECTIVES- At a minimum, the annual numerical performance
objectives described in subsection (a) shall include an incremental increase
in the percentage of--
`(1) classes in core academic subjects that are being taught by fully
qualified teachers;
`(2) new teachers and principals receiving professional development
support, including mentoring for teachers, during the teachers' first 3
years of teaching;
`(3) teachers, principals, and administrators participating in high
quality professional development programs that are consistent with section
2019; and
`(4) fully qualified teachers teaching in the State, to ensure that all
teachers teaching in such State are fully qualified by December 31,
2003.
`(c) REQUIREMENT FOR FULLY QUALIFIED TEACHERS- Each State receiving a
grant under this part shall ensure that all public elementary school and
secondary school teachers in the State are fully qualified not later than
December 31, 2003.
`(1) IN GENERAL- Each State receiving a grant under this part shall be
held accountable for--
`(A) meeting the State's annual numerical performance objectives;
and
`(B) meeting the reporting requirements described in section
4401.
`(2) SANCTIONS- Any State that fails to meet the requirement described
in paragraph (1)(A) shall be subject to sanctions under section 7001.
`(e) SPECIAL RULE- Notwithstanding any other provision of law, the
provisions of subsection (c) shall not supersede State laws governing public
charter schools.
`(f) COORDINATION- Each State that receives a grant under this part and a
grant under section 202 of the Higher Education Act of 1965 shall coordinate
the activities the State carries out under such section 202 with the
activities the State carries out under this section.
`SEC. 2015. OPTIONAL ACTIVITIES.
`Each State receiving a grant under section 2011(a) may use the grant
funds--
`(1) to develop and implement a system to measure the effectiveness of
specific professional development programs and strategies;
`(2) to increase the portability of teacher pensions and reciprocity of
teaching certification or licensure among States, except that no reciprocity
agreement developed under this section may lead to the weakening of any
State teacher certification or licensing requirement;
`(3) to develop or assist local educational agencies in the development
and utilization of proven, innovative strategies to deliver intensive
professional development programs that are cost effective and easily
accessible, such as programs offered through the use of technology and
distance learning;
`(4) to provide assistance to local educational agencies for the
development and implementation of innovative professional development
programs that train teachers to use technology to improve teaching and
learning and that are consistent with the requirements of section
2019;
`(5) to provide professional development to enable teachers to ensure
that female students, minority students, limited English proficient
students, students with disabilities, and economically disadvantaged
students have the full opportunity to achieve challenging State content and
performance standards in the core academic subjects;
`(6) to increase the number of women, minorities, and individuals with
disabilities who teach in the State and who are fully qualified and provide
instruction in core academic subjects in which such individuals are
underrepresented; and
`(7) to increase the number of highly qualified women, minorities, and
individuals from other underrepresented groups who are involved in the
administration of elementary schools and secondary schools within the
State.
`SEC. 2016. STATE ADMINISTRATIVE EXPENSES.
`Each State receiving a grant under section 2011(a) may use not more than
5 percent of the amount set aside in section 2012(a)(2) for the cost of--
`(1) planning and administering the activities described in section
2013(b); and
`(2) making subgrants to local educational agencies under section
2012.
`SEC. 2017. LOCAL PLANS.
`(a) IN GENERAL- Each local educational agency desiring a grant from the
State under section 2012(a)(3) shall submit a local plan to the State
educational agency--
`(1) at such time, in such manner, and accompanied by such information
as the State educational agency may require; and
`(2) that describes how the local educational agency will coordinate the
activities for which assistance is sought under this part with other
programs carried out under this Act, or other Acts, as appropriate.
`(b) LOCAL PLAN CONTENTS- The local plan described in subsection (a)
shall, at a minimum--
`(1) describe how the local educational agency will use the grant funds
to meet the State performance objectives for teacher qualifications and
professional development described in section 2014;
`(2) describe how the local educational agency will hold elementary
schools and secondary schools accountable for meeting the requirements
described in this part;
`(3) contain an assurance that the local educational agency will target
funds to elementary schools and secondary schools served by the local
educational agency that--
`(A) have the lowest proportion of fully qualified teachers;
and
`(B) are identified for school improvement under section
1116;
`(4) describe how the local educational agency will coordinate
professional development activities authorized under section 2018(a) with
professional development activities provided through other Federal, State,
and local programs, including those authorized under titles I and III and,
where applicable, the Individuals with Disabilities Education Act and the
Carl D. Perkins Vocational and Technical Education Act of 1998; and
`(5) describe how the local educational agency has collaborated with
teachers, principals, parents, and administrators in the preparation of the
local plan.
`SEC. 2018. LOCAL ACTIVITIES.
`(a) IN GENERAL- Each local educational agency receiving a grant under
section 2012(a)(3) shall use the grant funds to--
`(1) support professional development activities, consistent with
section 2019, for--
`(A) teachers, in at least the areas of reading, mathematics, and
science; and
`(B) teachers, principals, and administrators in order to provide such
individuals with the knowledge and skills to provide all students,
including female students, minority students, limited English proficient
students, students with disabilities, and economically disadvantaged
students, with the opportunity to meet challenging State content and
student performance standards;
`(2) provide professional development to teachers, principals, and
administrators to enhance the use of technology within elementary schools
and secondary schools in order to deliver more effective curricula
instruction;
`(3) recruit and retain fully qualified teachers and highly qualified
principals, particularly for elementary schools and secondary schools
located in areas with high percentages of low-performing students and
students from families below the poverty line;
`(4) recruit and retain fully qualified teachers and high quality
principals to serve in the elementary schools and secondary schools with the
highest proportion of low-performing students, such as through--
`(A) mentoring programs for newly hired teachers, including programs
provided by master teachers, and for newly hired principals; and
`(B) programs that provide other incentives, including financial
incentives, to retain--
`(i) teachers who have a record of success in helping low-performing
students improve those students' academic success; and
`(ii) principals who have a record of improving the performance of
all students, or significantly narrowing the gaps between minority
students and nonminority students, and economically disadvantaged
students and noneconomically disadvantaged students, within the
elementary schools or secondary schools served by the principals;
and
`(5) provide professional development that incorporates effective
strategies, techniques, methods, and practices for meeting the educational
needs of diverse groups of students, including female students, minority
students, students with disabilities, limited English proficient students,
and economically disadvantaged students.
`(b) OPTIONAL ACTIVITIES- Each local educational agency receiving a grant
under section 2012(a)(3) may use the subgrant funds--
`(1) to provide a signing bonus or other financial incentive, such as
differential pay for--
`(A) a teacher to teach in an academic subject for which there exists
a shortage of fully qualified teachers within the elementary school or
secondary school in which the teacher teaches or within the elementary
schools and secondary schools served by the local educational agency;
or
`(B) a highly qualified principal in a school in which there is a
large percentage of children--
`(i) from low-income families; or
`(ii) with high percentages of low-performance scores on State
assessments;
`(2) to establish programs that--
`(A) recruit professionals into teaching from other fields and provide
such professionals with alternative routes to teacher certification,
especially in the areas of mathematics, science, and English language
arts; and
`(B) provide increased teaching and administration opportunities for
fully qualified females, minorities, individuals with disabilities, and
other individuals underrepresented in the teaching or school
administration professions;
`(3) to establish programs and activities that are designed to improve
the quality of the teacher and principal force, such as innovative
professional development programs (which may be provided through
partnerships, including partnerships with institutions of higher education),
and including programs that--
`(A) train teachers and principals to utilize technology to improve
teaching and learning; and
`(B) are consistent with the requirements of section 2019;
`(4) to provide collaboratively designed performance pay systems for
teachers and principals that encourage teachers and principals to work
together to raise student performance;
`(5) to establish professional development programs that provide
instruction in how to teach children with different learning styles,
particularly children with disabilities and children with special learning
needs (including children who are gifted and talented);
`(6) to establish professional development programs that provide
instruction in how best to discipline children in the classroom, and to
identify early and appropriate interventions to help children described in
paragraph (5) learn;
`(7) to provide professional development programs that provide
instruction in how to teach character education in a manner that--
`(A) reflects the values of parents, teachers, and local communities;
and
`(B) incorporates elements of good character, including honesty,
citizenship, courage, justice, respect, personal responsibility, and
trustworthiness;
`(8) to provide scholarships or other incentives to assist teachers in
attaining national board certification;
`(9) to support activities designed to provide effective professional
development for teachers of limited English proficient students; and
`(10) to establish other activities designed--
`(A) to improve professional development for teachers, principals, and
administrators that are consistent with section 2019; and
`(B) to recruit and retain fully qualified teachers and highly
qualified principals.
`(c) ADMINISTRATIVE EXPENSES- Each local educational agency receiving a
grant under section 2012(a)(3) may use not more than 1.5 percent of the grant
funds for any fiscal year for the cost of administering activities under this
part.
`SEC. 2019. PROFESSIONAL DEVELOPMENT FOR TEACHERS.
`(a) LIMITATION RELATING TO CURRICULUM AND CONTENT AREAS-
`(1) IN GENERAL- Except as provided in paragraph (2), a local
educational agency may not use grant funds allocated under section
2012(a)(3) to support a professional development activity for a teacher that
is not--
`(A) directly related to the curriculum for which and content areas in
which the teacher provides instruction; or
`(B) designed to enhance the ability of the teacher to understand and
use the State's challenging content standards for the academic subject in
which the teacher provides instruction.
`(2) EXCEPTION- Paragraph (1) shall not apply to professional
development activities that provide instruction in methods of disciplining
children.
`(b) PROFESSIONAL DEVELOPMENT ACTIVITY- A professional development
activity carried out under this part shall--
`(1) be measured, in terms of progress described in section 2014(a),
using the specific performance indicators established by the State in
accordance with section 2014;
`(2) be tied to challenging State or local content standards and student
performance standards;
`(3) be tied to scientifically based research demonstrating the
effectiveness of such activities in increasing student achievement or
substantially increasing the knowledge and teaching skills of
teachers;
`(4) be of sufficient intensity and duration (such as not to include
1-day or short-term workshops and conferences) to have a positive and
lasting impact on teachers' performance in the classroom, except that this
paragraph shall not apply to an activity that is 1 component described in a
long-term comprehensive professional development plan established by a
teacher and the teacher's supervisor, and based upon an assessment of the
needs of the teacher, the teacher's students, and the local educational
agency;
`(5) be developed with extensive participation of teachers, principals,
parents, administrators, and local school boards of elementary schools and
secondary schools to be served under this part, and institutions of higher
education in the State, and, with respect to any professional development
program described in paragraph (6) or (7) of section 2018(b), shall, if
applicable, be developed with extensive coordination with, and participation
of, professionals with expertise in such type of professional
development;
`(6) to the extent appropriate, provide training for teachers regarding
using technology and applying technology effectively in the classroom to
improve teaching and learning concerning the curriculum and academic content
areas, in which those teachers provide instruction; and
`(7) be directly related to the content areas in which the teachers
provide instruction and the State content standards.
`(1) IN GENERAL- A State shall notify a local educational agency that
the agency may be subject to the action described in paragraph (3) if, after
any fiscal year, the State determines that the programs or activities funded
by the agency under this part fail to meet the requirements of subsections
(a) and (b).
`(2) TECHNICAL ASSISTANCE- A local educational agency that has received
notification pursuant to paragraph (1) may request technical assistance from
the State and an opportunity for such local educational agency to comply
with the requirements of subsections (a) and (b).
`(3) STATE EDUCATIONAL AGENCY ACTION- If a State educational agency
determines that a local educational agency failed to carry out the local
educational agency's responsibilities under this section, the State
educational agency shall take such action as the agency determines to be
necessary, consistent with this section, to provide, or direct the local
educational agency to provide, high-quality professional development for
teachers, principals, and administrators.
`SEC. 2020. PARENTS' RIGHT TO KNOW.
`Each local educational agency receiving a grant under section 2012(a)(3)
shall meet the reporting requirements with respect to teacher qualifications
described in section 4401(h).
`SEC. 2021. STATE REPORTS AND GAO STUDY.
`(a) STATE REPORTS- Each State educational agency receiving a grant under
this part shall annually provide a report to the Secretary describing--
`(1) the progress the State is making in increasing the percentages of
fully qualified teachers in the State to ensure that all teachers are fully
qualified not later than December 31, 2003, including information
regarding--
`(A) the percentage increase over the previous fiscal year in the
number of fully qualified teachers teaching in elementary schools and
secondary schools served by local educational agencies receiving funds
under title I; and
`(B) the percentage increase over the previous fiscal year in the
number of core classes being taught by fully qualified teachers in
elementary schools and secondary schools being served under title
I;
`(2) the activities undertaken by the State educational agency and local
educational agencies in the State to attract and retain fully qualified
teachers, especially in geographic areas and content subject areas in which
a shortage of such teachers exist; and
`(3) the approximate percentage of Federal, State, local, and
nongovernmental resources being expended to carry out activities described
in paragraph (2).
`(b) GAO STUDY- Not later than September 30, 2004, the Comptroller General
of the United States shall prepare and submit to the Committee on Education
and the Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the Senate a study
setting forth information regarding the progress of States' compliance in
increasing the percentage of fully qualified teachers, as defined in section
2002(1), for fiscal years 2000 through 2003.
`SEC. 2021. EDUCATOR PARTNERSHIP GRANTS.
`(1) IN GENERAL- A State receiving a grant under section 2011(a) shall
award subgrants, on a competitive basis, from amounts made available under
section 2012(a)(1), to local educational agencies, elementary schools, or
secondary schools that have formed educator partnerships, for the design and
implementation of programs that will enhance professional development
opportunities for teachers, principals, and administrators, and will
increase the number of fully qualified teachers.
`(2) ALLOCATIONS- A State awarding subgrants under this subsection shall
allocate the subgrant funds on a competitive basis and in a manner that
results in an equitable distribution of the subgrant funds by geographic
areas within the State.
`(3) ADMINISTRATIVE EXPENSES- Each educator partnership receiving a
subgrant under this subsection may use not more than 5 percent of the
subgrant funds for any fiscal year for the cost of planning and
administering programs under this section.
`(b) EDUCATOR PARTNERSHIPS- An educator partnership described in
subsection (a) includes a cooperative arrangement between--
`(1) a public elementary school or secondary school (including a charter
school), or a local educational agency; and
`(2) 1 or more of the following:
`(A) An institution of higher education.
`(B) An educational service agency.
`(C) A public or private not-for-profit education
organization.
`(D) A for-profit education organization.
`(E) An entity from outside the traditional education arena, including
a corporation or consulting firm.
`(c) USE OF FUNDS- An educator partnership receiving a subgrant under this
section shall use the subgrant funds for--
`(1) developing and enhancing of professional development activities for
teachers in core academic subjects to ensure that the teachers have content
knowledge in the academic subjects in which the teachers provide
instruction;
`(2) developing and providing assistance to local educational agencies
and elementary schools and secondary schools for sustained, high-quality
professional development activities for teachers, principals, and
administrators, that--
`(A) ensure that teachers, principals, and administrators are able to
use State content standards, performance standards, and assessments to
improve instructional practices and student achievement; and
`(B) may include intensive programs designed to prepare a teacher who
participates in such a program to provide professional development
instruction to other teachers within the participating teacher's
school;
`(3) increasing the number of fully qualified teachers available to
provide high-quality education to limited English proficient students
by--
`(A) working with institutions of higher education that offer degree
programs, to attract more people into such programs, and to prepare better
new, English language teachers to provide effective language instruction
to limited English proficient students; and
`(B) supporting development and implementation of professional
development programs for language instruction teachers to improve the
language proficiency of limited English proficient students;
`(4) developing and implementing professional development activities for
principals and administrators to enable the principals and administrators to
be effective school leaders and to improve student achievement on
challenging State content and student performance standards, including
professional development relating to--
`(B) recruitment, assignment, retention, and evaluation of teachers
and other staff;
`(C) effective instructional practices, including the use of
technology; and
`(D) parental and community involvement; and
`(5) providing activities that enhance professional development
opportunities for teachers, principals, and administrators or will increase
the number of fully qualified teachers.
`(d) APPLICATION REQUIRED- Each educator partnership desiring a subgrant
under this section shall submit an application to the appropriate State
educational agency at such time, in such manner, and accompanied by such
information as the State educational agency may reasonably require.
`(e) COORDINATION- Each educator partnership that receives a subgrant
under this section and a grant under section 203 of the Higher Education Act
of 1965 shall coordinate the activities carried out under such section 203
with any related activities carried out under this section.
`SEC. 2023. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part
$1,600,000,000 for fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
`PART B--CLASS SIZE REDUCTION
`SEC. 2031. FINDINGS.
`Congress makes the following findings:
`(1) Rigorous research has shown that students attending small classes
in the early grades make more rapid educational gains than students in
larger classes, and that those gains persist through at least the eighth
grade.
`(2) The benefits of smaller classes are greatest for lower-achieving,
minority, poor, and inner-city children, as demonstrated by a study that
found that urban fourth graders in smaller-than-average classes were 3/4 of
a school year ahead of their counterparts in larger-than-average
classes.
`(3) Teachers in small classes can provide students with more
individualized attention, spend more time on instruction and less time on
other tasks, and cover more material effectively, and are better able to
work with parents to further their children's education, than teachers in
large classes.
`(4) Smaller classes allow teachers to identify and work with students
who have learning disabilities sooner than is possible with larger classes,
potentially reducing those students' needs for special education services in
the later grades.
`(5) The National Research Council report, `Preventing Reading
Difficulties in Young Children', recommends reducing class sizes,
accompanied by providing high-quality professional development for teachers,
as a strategy for improving student achievement in reading.
`(6) Efforts to improve educational outcomes by reducing class sizes in
the early grades are likely to be successful only if well-qualified teachers
are hired to fill additional classroom positions, and if teachers receive
intensive, ongoing professional development.
`(7) Several States and school districts have begun serious efforts to
reduce class sizes in the early elementary school grades, but those efforts
may be impeded by financial limitations or difficulties in hiring highly
qualified teachers.
`(8) The Federal Government can assist in those efforts by providing
funding for class size reductions in grades 1 through 3, and by helping to
ensure that both new and current teachers who are moving into smaller
classrooms are well prepared.
`SEC. 2032. PURPOSE.
`The purpose of this part is to help States and local educational agencies
recruit, train, and hire 100,000 additional teachers in order to--
`(1) reduce nationally class size in grades 1 through 3 to an average of
18 students per regular classroom; and
`(2) improve teaching in the early elementary school grades so that all
students can learn to read independently and well by the end of the third
grade.
`SEC. 2033. ALLOTMENTS TO STATES.
`(a) RESERVATIONS FOR THE OUTLYING AREAS AND THE BUREAU OF INDIAN AFFAIRS-
From the amount appropriated under section 2042 for any fiscal year, the
Secretary shall reserve a total of not more than 1 percent to make payments
to--
`(1) outlying areas, on the basis of their respective needs, for
activities, approved by the Secretary, consistent with this part; and
`(2) the Secretary of the Interior for activities approved by the
Secretary of Education, consistent with this part, in schools operated or
supported by the Bureau of Indian Affairs, on the basis of their respective
needs.
`(b) ALLOTMENTS TO STATES-
`(1) IN GENERAL- From the amount appropriated under section 2042 for a
fiscal year and remaining after the Secretary makes reservations under
subsection (a), the Secretary shall make grants by allotting to each State
having a State application approved under section 2034(c) an amount that
bears the same relationship to the remainder as the greater of the amounts
that the State received in the preceding fiscal year under sections 1122 and
2202(b) (as such sections were in effect on the day preceding the date of
enactment of the Public Education Reinvestment, Reinvention, and
Rededication Act) bears to the total of the greater amounts that all States
received under such sections for the preceding fiscal year.
`(2) RATABLE REDUCTION- If the sums made available under paragraph (1)
for any fiscal year are insufficient to pay the full amounts that all States
are eligible to receive under paragraph (1) for such year, the Secretary
shall ratably reduce such amounts for such year.
`(3) REALLOTMENT- If any State chooses not to participate in the program
carried out under this part, or fails to submit an approvable application
under this part, the Secretary shall reallot the amount that such State
would have received under paragraphs (1) and (2) to States having
applications approved under section 2034(c), in accordance with paragraphs
(1) and (2).
`SEC. 2034. APPLICATIONS.
`(a) APPLICATIONS REQUIRED- The State educational agency for each State
desiring a grant under this part shall submit an application to the Secretary
at such time, in such form, and containing such information as the Secretary
may require.
`(b) CONTENTS- The application shall include--
`(1) a description of the State's goals for using funds under this part
to reduce average class sizes in regular classrooms in grades 1 through 3,
including a description of class sizes in those classrooms, for each local
educational agency in the State (as of the date of submission of the
application);
`(2) a description of how the State educational agency will allocate
program funds made available through the grant within the State;
`(3) a description of how the State will use other funds, including
other Federal funds, to reduce class sizes and to improve teacher quality
and reading achievement within the State; and
`(4) an assurance that the State educational agency will submit to the
Secretary such reports and information as the Secretary may reasonably
require.
`(c) APPROVAL OF APPLICATIONS- The Secretary shall approve a State
application submitted under this section if the application meets the
requirements of this section and holds reasonable promise of achieving the
purpose of this part.
`SEC. 2035. WITHIN-STATE ALLOCATIONS.
`(a) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES- Each State receiving a
grant under this part for
any fiscal year may reserve not more than 1 percent of the grant funds for
the cost of administering this part and, using the remaining funds, shall make
subgrants by allocating to each local educational agency in the State the sum
of--
`(1) an amount that bears the same relationship to 80 percent of the
remainder as the school-age population from families with incomes below the
poverty line in the area served by the local educational agency bears to the
school-age population from families with incomes below the poverty line in
the area served by all local educational agencies in the State; and
`(2) an amount that bears the same relationship to 20 percent of the
remainder as the enrollment of the school-age population in public and
private nonprofit elementary schools and secondary schools in the area
served by the local educational agency bears to the enrollment of the
school-age population in public and private nonprofit elementary schools and
secondary schools in the area served by all local educational agencies in
the State.
`(b) REALLOCATION- If any local educational agency chooses not to
participate in the program carried out under this part, or fails to submit an
approvable application under this part, the State educational agency shall
reallocate the amount such local educational agency would have received under
subsection (a) to local educational agencies having applications approved
under section 2036(b), in accordance with subsection (a).
`SEC. 2036. LOCAL APPLICATIONS.
`(a) IN GENERAL- Each local educational agency desiring a subgrant under
section 2035(a) shall submit an application to the appropriate State
educational agency at such time, in such form, and containing such information
as the State educational agency may require, including a description of the
local educational agency's program to reduce class sizes by hiring additional
highly qualified teachers.
`(b) APPROVAL OF APPLICATIONS- The State educational agency shall approve
a local agency application submitted under subsection (a) if the application
meets the requirements of subsection (a) and holds reasonable promise of
achieving the purpose of this part.
`SEC. 2037. USES OF FUNDS.
`(a) ADMINISTRATIVE EXPENSES- Each local educational agency receiving a
subgrant under section 2035(a) may use not more than 3 percent of the subgrant
funds for any fiscal year for the cost of administering this part.
`(b) RECRUITMENT, TEACHER TESTING, AND PROFESSIONAL DEVELOPMENT-
`(1) IN GENERAL- Each local educational agency receiving subgrant funds
under this section shall use such subgrant funds to carry out effective
approaches to reducing class size with fully qualified teachers who are
certified within the State (including teachers certified through State or
local alternative routes) and who demonstrate competency in the areas in
which the teachers provide instruction, to improve educational achievement
for both regular and special needs children, with particular consideration
given to reducing class size in the early elementary grades.
`(A) IN GENERAL- Each local educational agency receiving subgrant
funds under this section may use such subgrant funds for--
`(i) recruiting (including through the use of signing bonuses, and
other financial incentives), hiring, and training fully qualified
regular and special education teachers (which may include hiring special
education teachers to team-teach with regular teachers in classrooms
that contain both children with disabilities and non-disabled children)
and teachers of special-needs children, who are certified within the
State, including teachers who are certified through State or local
alternative routes, have a bachelor's degree, and demonstrate the
general knowledge, teaching skills, and subject matter knowledge
required to teach in the content areas in which the teachers provide
instruction;
`(ii) testing new teachers for academic content knowledge and
satisfaction of State certification requirements consistent with title
II of the Higher Education Act of 1965; and
`(iii) providing professional development (which may include such
activities as promoting retention and mentoring) to teachers, including
special education teachers and teachers of special-needs children, in
order to meet the goal of ensuring that all instructional staff have the
subject matter knowledge, teaching knowledge, and teaching skills
necessary to teach effectively in the content area or areas in which
they provide instruction, consistent with title II of the Higher
Education Act of 1965.
`(i) IN GENERAL- Except as provided in clause (ii), a local
educational agency may use not more than a total of 25 percent of the
award received under this section for activities described in
subparagraph (A)(ii) and (iii).
`(I) WAIVER- A local educational agency located in a State
designated as an Ed-Flex Partnership State under section 4(a)(1)(B) of
the Education Flexibility Partnership Act of 1999, and in which 10
percent or more of teachers in elementary schools, as defined by
section 8101(14), have not met applicable State and local
certification requirements (including certification through State or
local alternative routes), or if such requirements have been waived,
may apply to the State educational
agency for a waiver that would permit the agency to use more than 25 percent
of the funds it receives under this section for activities described in
subparagraph (A)(iii) for the purpose of helping teachers to become certified.
`(II) APPROVAL- If the State educational agency approves the local
educational agency's application for a waiver under subclause (I), the
local educational agency may use the funds subject to the waiver for
activities described in subparagraph (A)(iii) that are needed to
ensure that at least 90 percent of the teachers in elementary schools
within the State are certified.
`(i) IN GENERAL- A local educational agency that has already reduced
class size in the early grades to 18 or less children (or has already
reduced class size to a State or local class size reduction goal that
was in effect on the day before the enactment of the Department of
Education Appropriations Act, 2000, if that State or local educational
agency goal is 20 or fewer children) may use funds received under this
section--
`(I) to make further class size reductions in grades kindergarten
through 3;
`(II) to reduce class size in other grades; or
`(III) to carry out activities to improve teacher quality,
including professional development.
`(ii) PROFESSIONAL DEVELOPMENT- If a local educational agency has
already reduced class size in the early grades to 18 or fewer children
and intends to use funds provided under this Part to carry out
professional development activities, including activities to improve
teacher quality, then the State shall make the award under section 2035
to the local educational agency.
`(c) SPECIAL RULE- Notwithstanding subsection (b), if the award to a local
educational agency under section 2035 is less than the starting salary for a
new fully qualified teacher teaching in a school served by that agency, and
such teacher is certified within the State (which may include certification
through State or local alternative routes), has a bachelor's degree, and
demonstrates the general knowledge, teaching skills, and subject matter
knowledge required to teach in the content areas the teacher is assigned to
provide instruction, then the agency may use grant funds under this part
to--
`(1) help pay the salary of a full- or part-time teacher hired to reduce
class size, which may be in combination with other Federal, State, or local
funds; or
`(2) pay for activities described in subsection (b), which may be
related to teaching in smaller classes.
`SEC. 2038. PRIVATE SCHOOLS.
`If a local educational agency uses funds made available under this Part
for professional development activities, the local educational agency shall
ensure the equitable participation of private nonprofit elementary schools and
secondary schools in such activities.
`SEC. 2039. TEACHER SALARIES AND BENEFITS.
`A local educational agency may use grant funds provided under this
part--
`(1) except as provided in paragraph (2), to increase the salaries of,
or provide benefits (other than participation in professional development
and enrichment programs) to, teachers only if such teachers were hired under
this part; and
`(2) to pay the salaries of teachers hired under section 307 of the
Department of Education Appropriations Act of 1999 who, not later than the
beginning of the 2001-2002 school year, are fully qualified, as defined in
section 2002(1).
`SEC. 2040. STATE REPORT REQUIREMENTS.
`(a) REPORT ON ACTIVITIES- A State educational agency receiving funds
under this part shall submit a report to the Secretary providing information
about the activities in the State assisted under this part.
`(b) REPORT TO PARENTS- Each State educational agency and local
educational agency receiving funds under this part shall publicly issue a
report to parents of children who attend schools assisted under this part
describing--
`(1) the agency's progress in reducing class size;
`(2) the agency's progress in increasing the percentage of classes in
core academic areas that are taught by fully qualified teachers who are
certified within the State and demonstrate competency in the content areas
in which the teachers provide instruction; and
`(3) the impact, if any, that hiring additional highly qualified
teachers and reducing class size has had on increasing student academic
achievement in schools served by the agency.
`(c) PROFESSIONAL QUALIFICATIONS REPORT- Upon the request of a parent of a
child attending a school receiving assistance under this part, such school
shall provide the parent with information regarding the professional
qualifications of their child's teacher.
`SEC. 2041. SUPPLEMENT NOT SUPPLANT.
`Each local educational agency receiving grant funds under this part shall
use such funds only to supplement, and not to supplant, State and local funds
that, in the absence of such funds, would otherwise be spent for activities
under this part.
`SEC. 2042. AUTHORIZATION OF APPROPRIATIONS.
`For the purpose of carrying out this part, there are authorized to be
appropriated $1,400,000,000 for fiscal year 2001, and such sums as may be
necessary for each of the 4 succeeding fiscal years.'.
TITLE III--LANGUAGE MINORITY STUDENTS AND INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION
SEC. 301. LANGUAGE MINORITY STUDENTS.
Title III (20 U.S.C. 6801 et seq.) is amended--
(1) by amending the heading for title III to read as follows:
`TITLE III--LANGUAGE MINORITY STUDENTS AND INDIAN, NATIVE HAWAIIAN, AND
ALASKA NATIVE EDUCATION';
(2) by repealing section 3101 (20 U.S.C. 6801) and part A (20 U.S.C.
6811 et seq.); and
(3) by inserting after the heading for title III (as amended by
paragraph (1)) the following:
`Subtitle A--Language Minority Students
`SEC. 3101. FINDINGS, POLICY, AND PURPOSE.
`(a) FINDINGS- Congress makes the following findings:
`(1)(A) Educating limited English proficient students is an urgent goal
for many local educational agencies, but that goal is not being
achieved.
`(B) Each year, 640,000 limited English proficient students are not
served by any sort of program targeted to the students' unique needs.
`(C) In 1998, only 15 percent of local educational agencies that applied
for funding under enhancement grants and comprehensive school grants
received such funding.
`(2)(A) The school dropout rate for Hispanic students, the largest group
of limited English proficient students, is approximately 25 percent, and is
approximately 46 percent for Hispanic students born outside of the United
States.
`(B) A United States Department of Education report regarding school
dropout rates states that language difficulty `may be a barrier to
participation in United States schools'.
`(C) Reading ability is a key predictor of graduation and academic
success.
`(3) Through fiscal year 1999, bilingual education capacity and
demonstration grants--
`(A) have spread funding too broadly to make an impact on language
instruction educational programs implemented by State educational agencies
and local educational agencies; and
`(B) have lacked concrete performance measures.
`(4)(A) Since 1979, the number of limited English proficient children in
schools in the United States has doubled, and demographic trends indicate
the population of limited English proficient children will continue to
increase.
`(B) Language-minority Americans speak virtually all world languages
plus many that are indigenous to the United States.
`(C) The rich linguistic diversity language-minority students bring to
America's classrooms enhances the learning environment for all students and
should be valued for the significant, positive impact such diversity has on
the entire school environment.
`(D) Parent and community participation in educational language programs
for limited English proficient students contributes to program
effectiveness.
`(E) The Federal Government, as reflected in title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.) and section 204(f) of the Equal
Education Opportunities Act of 1974 (20 U.S.C. 1703), has a special and
continuing obligation to ensure that States and local educational agencies
take appropriate action to provide equal educational opportunities to
limited English proficient children and youth.
`(F) The Federal Government also, as exemplified by programs authorized
under this title, has a special and continuing obligation to assist States
and local educational agencies to develop the capacity to provide programs
of instruction that offer limited English proficient children and youth
equal educational opportunities.
`(5) Limited English proficient children and youth face a number of
challenges in receiving an education that will enable them to participate
fully in American society, including--
`(A) disproportionate attendance in high-poverty schools, as
demonstrated by the fact that, in 1994, 75 percent of limited English
proficient students attended schools in which as least half of all
students were eligible for free or reduced-price meals;
`(B) the limited ability of parents of such children and youth to
participate fully in the education of their children because of the
parents' own limited English proficiency;
`(C) a shortage of teachers and other staff who are professionally
trained and qualified to serve such children and youth; and
`(D) lack of appropriate performance and assessment standards that
distinguish between language and academic achievement so that there is
equal accountability on the part of State educational agencies and local
educational agencies for the achievement of limited English proficient
students in academic content while acquiring English language
skills.
`(b) POLICY- Congress declares it to be the policy of the United States
that in order to ensure equal educational opportunity for all children and
youth, and to promote educational excellence, the Federal Government
should--
`(1) assist State educational agencies, local educational agencies, and
community-based organizations to build their capacity to establish,
implement, and sustain programs of instruction and English language
development for children and youth of limited English proficiency;
`(2) hold State educational agencies and local educational agencies
accountable for increases in
English proficiency and core content knowledge among limited English
proficient students; and
`(3) promote parental and community participation in limited English
proficiency programs.
`(c) PURPOSE- The purpose of this subtitle is to assist all limited
English proficient students so that those students can meet or exceed the
State proficient standard level for academic performance in core subject areas
expected of all elementary school and secondary school students, and succeed
in our Nation's society, by--
`(1) streamlining existing language instruction programs into a
performance-based grant for State and local educational agencies to help
limited English proficient students become proficient in English;
`(2) increasing significantly the amount of Federal assistance to local
educational agencies serving such students while requiring that State
educational agencies and local educational agencies demonstrate annual
improvements in the English proficiency of such students from the preceding
fiscal year; and
`(3) providing State educational agencies and local educational agencies
with the flexibility to implement instructional programs based on scientific
research that the agencies believe to be the most effective for teaching
English.
`SEC. 3102. DEFINITIONS.
`Except as otherwise provided, for purposes of this subtitle:
`(1) LIMITED ENGLISH PROFICIENT STUDENT- The term `limited English
proficient student' means an individual aged 5 through 17 enrolled in an
elementary school or secondary school--
`(i) was not born in the United States or whose native language is a
language other than English; or
`(ii) is a Native American or Alaska Native, or who is a native
resident of the outlying areas and comes from an environment where a
language other than English has had a significant impact on such
individual's level of English language proficiency; or
`(iii) is migratory and whose native language is other than English,
and who comes from an environment where a language other than English is
dominant; and
`(B) who has sufficient difficulty speaking, reading, writing, or
understanding the English language, and whose difficulties may deny such
individual the opportunity to learn successfully in classrooms where the
language of instruction is English or to participate fully in our
society.
`(2) LANGUAGE INSTRUCTION EDUCATIONAL PROGRAM- The term `language
instruction educational program' means an instructional course in which a
limited English proficient student is placed for the purpose of becoming
proficient in the English language.
`(3) SPECIALLY QUALIFIED AGENCY- The term `specially qualified agency'
means a local educational agency in a State that does not participate in a
program under this subtitle for a fiscal year.
`(4) STATE- The term `State' means each of the several States of the
United States, the District of Columbia, and the Commonwealth of Puerto
Rico.
`SEC. 3103. PROGRAM AUTHORIZED.
`(a) GRANTS AUTHORIZED- The Secretary shall award grants, from allotments
under subsection (b), to each State having a State plan approved under section
3105(c), to enable the State to help limited English proficient students
become proficient in English.
`(b) RESERVATIONS AND ALLOTMENTS-
`(1) RESERVATIONS- From the amount appropriated under section 3110 to
carry out this subtitle for each fiscal year, the Secretary shall
reserve--
`(A) 1/2 of 1 percent of such amount for payments to the Secretary of
the Interior for activities approved by the Secretary, consistent with
this subtitle, in schools operated or supported by the Bureau of Indian
Affairs, on the basis of their respective needs for assistance under this
subtitle; and
`(B) 1/2 of 1 percent of such amount for payments to outlying areas,
to be allotted in accordance with their respective needs as determined by
the Secretary, for activities, approved by the Secretary, consistent with
this subtitle.
`(2) STATE ALLOTMENTS- From the amount appropriated under section 3110
for any of the fiscal years 2001 through 2005 that remains after making
reservations under paragraph (1), the Secretary shall allot to each State
having a State plan approved under section 3105(c) an amount that bears the
same relationship to the remainder as the number of limited English
proficient students in the State bears to the number of limited English
proficient students in all States.
`(3) DATA- For the purpose of determining the number of limited English
proficient students in a State and in all States for each fiscal year, the
Secretary shall use data that will yield the most accurate, up-to-date,
numbers of such students, including--
`(A) data available from the Bureau of the Census; or
`(B) data submitted to the Secretary by the States to determine the
number of limited English proficient students in a State and in all
States.
`(4) HOLD-HARMLESS AMOUNTS- For fiscal year 2001, and for each of the 4
succeeding fiscal years, notwithstanding paragraph (2), the total amount
allotted to each State under this subsection shall be not less than 85
percent of the total amount the State was allotted under parts A and B of
title VII (as such title was in effect on the day preceding the date of
enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act).
`(c) DIRECT AWARDS TO SPECIALLY QUALIFIED AGENCIES-
`(1) NONPARTICIPATING STATE- If a State educational agency for a fiscal
year elects not to participate in a program under this subtitle, or does not
have an application approved under section 3105(c), a specially qualified
agency in such State desiring a grant under this subtitle for the fiscal
year shall apply directly to the Secretary to receive a grant under this
subsection.
`(2) DIRECT AWARDS- The Secretary may award, on a competitive basis, the
amount the State educational agency is eligible to receive under subsection
(b)(2) directly to specially qualified agencies in the State desiring a
grant under paragraph (1) and having an application approved under section
3105(c).
`(3) ADMINISTRATIVE FUNDS- A specially qualified agency that receives a
direct grant under this subsection may use not more than 1 percent of the
grant funds for the administrative costs of carrying out this subtitle in
the first year the agency receives a grant under this subsection and 0.5
percent for such costs in the second and each succeeding such year.
`SEC. 3104. WITHIN-STATE ALLOCATIONS.
`(a) GRANT AWARDS- Each State educational agency receiving a grant under
section 3103(a) shall use 95 percent of the grant funds to award subgrants,
from allotments under subsection (b), to local educational agencies in the
State to carry out the activities described in section 3107.
`(b) ALLOTMENT FORMULA- Each State educational agency receiving a grant
under this subtitle shall award a grant to each local educational agency in
the State having a plan approved under section 3106 in an amount that bears
the same relationship to the amount of funds appropriated under section 3110
as the school-age population of limited English proficient students in schools
served by the local educational agency bears to the school-age population of
limited English proficient students in schools served by all local educational
agencies in the State.
`(1) STATE ACTIVITIES- Each State educational agency receiving a grant
under this subtitle may reserve not more than 5 percent of the grant funds
to carry out activities described in the State plan submitted under section
3105.
`(2) ADMINISTRATIVE EXPENSES- From the amount reserved under paragraph
(1), a State educational agency may use not more than 2 percent for the
planning costs and administrative costs of carrying out the activities
described in the State plan and providing grants to local educational
agencies.
`SEC. 3105. STATE AND SPECIALLY QUALIFIED AGENCY PLAN.
`(a) PLAN REQUIRED- Each State educational agency and specially qualified
agency desiring a grant under this subtitle shall submit a plan to the
Secretary at such time, in such manner and accompanied by such information as
the Secretary may require.
`(b) CONTENTS- Each State plan submitted under subsection (a) shall--
`(1) describe how the State or specially qualified agency will--
`(A) establish standards and benchmarks for English language
development that are aligned with the State content and student
performance standards described in section 1111;
`(B) develop high-quality, annual assessments to measure English
language proficiency, including proficiency in the 4 recognized domains of
speaking, listening, reading, and writing; and
`(C) develop annual performance objectives, based on the English
language development standards described in subparagraph (A), to raise the
level of English proficiency of each limited English proficient
student;
`(2) contain an assurance that the State educational agency or specially
qualified agency consulted with local educational agencies,
education-related community groups and nonprofit organizations, parents,
teachers, school administrators, and English language instruction
specialists, in the setting of the performance objectives;
`(A) in the case of a State educational agency, the State educational
agency will hold local educational agencies and elementary schools and
secondary schools accountable for--
`(i) meeting the English proficiency performance objectives
described in section 3109; and
`(ii) making adequate yearly progress with limited English
proficient students in the subject areas of core content knowledge as
described in section 1111; and
`(B) in the case of a specially qualified agency, the agency will hold
elementary schools and secondary schools accountable for meeting the
English proficiency performance objectives described in section 3109, and
making adequate yearly progress, including annual numerical goals for
improving the performance of limited English proficient students on
performance standards described in section 1111(b)(1)(D)(ii);
`(4) describe the activities for which assistance is sought, and how the
activities will increase the speed and effectiveness with which students
learn English;
`(5) in the case of a State educational agency, describe how local
educational agencies in the State will be given the flexibility to teach
English--
`(A) using language instruction curriculum that is scientifically
research based; and
`(B) in the manner the local educational agencies determine to be the
most effective; and
`(A) in the case of a State educational agency, the State educational
agency will provide technical assistance to local educational
agencies and elementary schools and secondary schools for the purposes of
identifying and implementing English language instruction educational programs
and curricula that are scientifically research based; and
`(B) in the case of a specially qualified agency, the specially
qualified agency will provide technical assistance to elementary schools
and secondary schools served by the specially qualified agency for the
purposes of identifying and implementing English language instruction
educational programs and curricula that are scientifically research
based.
`(c) APPROVAL- The Secretary, using a peer review process, shall approve a
State plan or a specially qualified agency plan if the plan meets the
requirements of this section, and holds reasonable promise of achieving the
purpose described in section 3101(c).
`(d) DURATION OF THE PLAN-
`(1) IN GENERAL- Each State plan or specially qualified agency plan
shall--
`(A) remain in effect for the duration of the State's or specially
qualified agency's participation under this subtitle; and;
`(B) be periodically reviewed and revised by the State or specially
qualified agency, as necessary, to reflect changes in the State's or
specially qualified agency's strategies and programs under this
subtitle.
`(2) ADDITIONAL INFORMATION- If the State educational agency or
specially qualified agency makes significant changes in its plan, such as
the adoption of new performance objectives or assessment measures, the State
educational agency or specially qualified agency shall submit such
information to the Secretary.
`(e) CONSOLIDATED PLAN- A State plan submitted under subsection (a) may be
submitted as part of a consolidated plan under section 8302.
`(f) SECRETARY ASSISTANCE- Pursuant to section 7004(a)(3), the Secretary
shall provide assistance, if required, in the development of English language
development standards and English language proficiency assessments.
`SEC. 3106. LOCAL PLANS.
`(a) PLAN REQUIRED- Each local educational agency desiring a grant from
the State educational agency under section 3104(a) shall submit a plan to the
State educational agency at such time, in such manner, and accompanied by such
information as the State educational agency may require.
`(b) CONTENTS- Each local educational agency plan submitted under
subsection (a) shall--
`(1) describe how the local educational agency shall use the grant funds
to meet the English proficiency performance objective described in section
3109;
`(2) describe how the local educational agency will hold elementary
schools and secondary schools accountable for meeting the performance
objectives;
`(3) contain an assurance that the local educational agency consulted
with elementary schools and secondary schools, education-related community
groups and nonprofit organizations, institutions of higher education,
parents, language instruction teachers, school administrators, and English
language instruction specialists, in developing the local educational agency
plan; and
`(4) contain an assurance that the local educational agency will use the
disaggregated results of the student assessments required under section
1111(b)(4), and other measures or indicators available to the agency, to
review annually the progress of each school served by the agency under this
part and under title I to determine whether the schools are making the
annual progress necessary to ensure that limited English proficient students
attending the schools will meet the proficient State content and student
performance standard within 10 years of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act.
`SEC. 3107. USES OF FUNDS.
`(a) ADMINISTRATIVE EXPENSES- Each local educational agency receiving a
grant under section 3104 may use not more than 1 percent of the grant funds
for any fiscal year for the cost of administering this subtitle.
`(b) ACTIVITIES- Each local educational agency receiving grant funds under
section 3104 shall use the grant funds that are not used under subsection
(a)--
`(1) to increase limited English proficient students' proficiency in
English by providing high-quality English language instruction programs,
such as bilingual education programs and transitional education or English
immersion education programs, that are--
`(A) tied to scientifically based research demonstrating the
effectiveness of the programs in increasing English proficiency;
and
`(B) approved by the State educational agency;
`(2) to provide high-quality professional development activities for
teachers of limited English proficient students that are--
`(A) designed to enhance the ability of such teachers to understand
and use curricula, assessment measures, and instructional strategies for
limited English proficient students;
`(B) tied to scientifically based research demonstrating the
effectiveness of such programs in increasing students' English proficiency
or substantially increasing the knowledge and teaching skills of such
teachers; and
`(C) of sufficient intensity and duration (such as not to include
1-day or short-term workshops and conferences) to have a positive and
lasting impact on the teacher's performance in the classroom, except that
this paragraph shall not apply to an activity that is 1 component of a
long-term, comprehensive professional development plan established by a
teacher and the teacher's supervisor based upon an assessment of the
teacher's and supervisor's
needs, the student's needs, and the needs of the local educational agency;
`(3) to identify, acquire, and upgrade curricula, instructional
materials, educational software, and assessment procedures; and
`(4) to provide parent and community participation programs to improve
English language instruction programs for limited English proficient
students.
`SEC. 3108. PROGRAM REQUIREMENTS.
`(a) PROHIBITION- In carrying out this subtitle the Secretary shall
neither mandate nor preclude a particular curricular or pedagogical approach
to educating limited English proficient students.
`(b) TEACHER ENGLISH FLUENCY- Each local educational agency receiving
grant funds under section 3104 shall certify to the State educational agency
that all teachers in any language instruction program for limited English
proficient students funded under this subtitle are fluent in English.
`SEC. 3109. PERFORMANCE OBJECTIVES.
`(a) IN GENERAL- Each State educational agency or specifically qualified
agency receiving a grant under this subtitle shall develop annual numerical
performance objectives with respect to helping limited English proficient
students become proficient in English. The objectives shall include
incremental percentage increases for each fiscal year a State receives a grant
under this subtitle, including increases in the number of limited English
proficient students demonstrating an increase in performance on annual
assessments in reading, writing, speaking, and listening comprehension, from
the preceding fiscal year.
`(b) ACCOUNTABILITY- Each State educational agency or specially qualified
agency receiving a grant under this subtitle shall be held accountable for
meeting the annual numerical performance objectives under this subtitle and
the adequate yearly progress levels for limited English proficient students
under section 1111(b)(2)(B) (iv) and (vii). Any State educational agency or
specially qualified agency that fails to meet the annual performance
objectives shall be subject to sanctions under section 7001.
`SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this subtitle
$1,000,000,000 for fiscal year 2001, and such sums as may be necessary for
each of the 4 succeeding fiscal years.
`SEC. 3111. REGULATIONS AND NOTIFICATION.
`(a) REGULATION RULE- In developing regulations under this subtitle, the
Secretary shall consult with State educational agencies, local educational
agencies, organizations representing limited English proficient individuals,
and organizations representing teachers and other personnel involved in the
education of limited English proficient students.
`(b) PARENTAL NOTIFICATION-
`(1) IN GENERAL- Each local educational agency shall notify parents of a
student participating in a language instruction educational program under
this subtitle of--
`(A) the student's level of English proficiency, how such level was
assessed, the status of the student's academic achievement, and the
implications of the student's educational strengths and needs for age- and
grade-appropriate academic attainment, promotion, and graduation;
`(B) what programs are available to meet the student's educational
strengths and needs, and how such programs differ in content and
instructional goals from other language instruction educational programs
and, in the case of a student with a disability, how such program meets
the objectives of the individualized education program of such a student;
and
`(C) the instructional goals of the language instruction educational
program, and how the program will specifically help the limited English
proficient student learn English and meet age-appropriate standards for
grade promotion and graduation, including--
`(i) the characteristics, benefits, and past academic results of the
language instruction educational program and of instructional
alternatives; and
`(ii) the reasons the student was identified as being in need of a
language instruction educational program.
`(A) IN GENERAL- Each parent described in paragraph (1) shall also be
informed that the parent has the option of declining the enrollment of
their children or youth in a language instruction educational program, and
shall be given an opportunity to decline such enrollment if the parent so
chooses.
`(B) OBLIGATIONS- A local educational agency shall not be relieved of
any of the agency's obligations under title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d et seq.)
if a parent chooses not to enroll their child in a language instruction
educational program.
`(3) RECEIPT OF INFORMATION- A parent described in paragraph (1) shall
receive, in a manner and form understandable to the parent including, if
necessary and to the extent feasible, in the native language of the parent,
the information required by this subsection. At a minimum, the parent shall
receive--
`(A) timely information about projects funded under this subtitle;
and
`(B) if the parent of a participating child so desires, notice of
opportunities for regular meetings for the purpose of formulating and
responding to recommendations from parents of children assisted under this
subtitle.
`(4) SPECIAL RULE- A student shall not be admitted to, or excluded from,
any Federally assisted language instruction educational program solely on
the basis of a surname or language-minority status.
`(5) LIMITATIONS ON CONDITIONS- Nothing in this subtitle shall be
construed to authorize an officer or employee of the Federal Government to
mandate, direct, or control a State's, local educational agency's,
elementary school's, or secondary school's specific challenging English
language development standards or assessments, curricula, or program of
instruction, as a condition of eligibility to receive grant funds under this
subtitle.'.
SEC. 302. EMERGENCY IMMIGRANT EDUCATION PROGRAM.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS- Title III (20 U.S.C. 6801 et
seq.) is further amended--
(1) by repealing part B (20 U.S.C. 6891 et seq.), part C (20 U.S.C. 6921
et seq.), part D (20 U.S.C. 6951 et seq.), and part E (20 U.S.C. 6971 et
seq.);
(2) by transferring part C of title VII (20 U.S.C. 7541 et seq.) to
title III and inserting such part after subtitle A (as inserted by section
301(3));
(3) by redesignating the heading for part C of title VII (as transferred
by paragraph (2)) as the heading for subtitle B, and redesignating
accordingly the references to such part as the references to such subtitle;
and
(4) by redesignating section 7301 through 7309 (20 U.S.C. 7541, 7549)
(as transferred by paragraph (2)) as sections 3201 through 3209,
respectively, and redesignating accordingly the references to such
sections.
(b) AMENDMENTS- Subtitle B of title III (as so transferred and
redesignated) is amended--
(1) in section 3205(a)(2) (as redesignated by subsection (a)(4)), by
striking `the Goals 2000: Educate America Act,'; and
(2) in section 3209 (as redesignated by subsection (a)(4)), by striking
`$100,000,000' and all that follows through `necessary for' and inserting
`such sums as may be necessary for fiscal year 2001 and'.
SEC. 303. INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION.
(a) REPEALS, TRANSFERS, AND REDESIGNATIONS- Title III (20 U.S.C. 6801 et
seq.) is further amended--
(1) by transferring title IX (20 U.S.C. 7801 et seq.) to title III and
inserting such title after subtitle B (as inserted by section
302(a)(2));
(2) by redesignating the heading for title IX (as transferred by
paragraph (1)) as the heading for subtitle C, and redesignating accordingly
the references to such title as the references to such subtitle;
(3) by redesignating sections 9101 and 9102 (20 U.S.C. 7801, 7802) (as
transferred by paragraph (1)) as sections 3301 and 3302, respectively, and
redesignating accordingly the references to such sections;
(4) by redesignating sections 9111 through 9118 (20 U.S.C. 7811, 7818)
(as transferred by paragraph (1)) as sections 3311 through 3318,
respectively, and redesignating accordingly the references to such
sections;
(5) by redesignating sections 9121 through 9125 (20 U.S.C. 7831, 7835)
(as transferred by paragraph (1)) as sections 3321 through 3325, and
redesignating accordingly the references to such section;
(6) by redesignating sections 9131 and 9141 (20 U.S.C. 7851, 7861) (as
transferred by paragraph (1)) as sections 3331 and 3341, respectively, and
redesignating accordingly the references to such sections;
(7) by redesignating sections 9151 through 9154 (20 U.S.C. 7871, 7874)
(as transferred by paragraph (1)) as sections 3351 through 3354,
respectively, and redesignating accordingly the references to such
sections;
(8) by redesignating sections 9161 and 9162 (20 U.S.C. 7881, 7882) (as
transferred by paragraph (1)) as sections 3361 and 3362, respectively, and
redesignating accordingly the references to such sections;
(9) by redesignating sections 9201 through 9212 (20 U.S.C. 7901, 7912)
(as transferred by paragraph (1)) as sections 3401 through 3412,
respectively, and redesignating accordingly the references to such sections;
and
(10) by redesignating sections 9301 through 9308 (20 U.S.C. 7931, 7938)
(as transferred by paragraph (1)) as sections 3501 through 3508, and
redesignating accordingly the references to such sections.
(b) AMENDMENTS- Subtitle C of title III (as so transferred and
redesignated) is amended--
(1) by amending section 3314(b)(2)(A) (as redesignated by subsection
(a)(4)) to read as follows:
`(2)(A) is consistent with, and promotes the goals in, the State and
local improvement plans under sections 1111 and 1112';
(2) by amending section 3325(e) (as redesignated by subsection (a)(5))
to read as follows:
`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out this subpart for
fiscal year 2001 and each of the 4 succeeding years.';
(3) in section 3361(4)(E) (as redesignated by subsection (a)(8)), by
striking `the Act entitled the `Improving America's Schools Act of 1994' and
inserting `the Public Education Reinvestment, Reinvention, and
Responsibility Act';
(4) by amending section 3362 (as redesignated by subsection (a)(8)) to
read as follows:
`SEC. 3262. AUTHORIZATION OF APPROPRIATIONS.
`For the purpose of carrying out subparts 1 through 5 of this part, there
are authorized to be appropriated to the Department of Education such sums as
may be necessary for fiscal year 2001 and each of the 4 succeeding years.';
(5) in section 3404 (as redesignated by subsection (a)(9))--
(A) in subsection (i), by striking `Improving America's Schools Act of
1994' and inserting `Public Education Reinvestment, Reinvention, and
Responsibility Act'; and
(B) in subsection (j), by striking `$500,000 for fiscal year 1995, and
such sums as may be necessary' and inserting `such sums as may be
necessary for fiscal year 2001, and';
(6) in section 3405(c) (as redesignated by subsection (a)(9)), by
striking `$6,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(7) in section 3406(e) (as redesignated by subsection (a)(9)), by
striking `$2,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(8) in section 3407(e) (as redesignated by subsection (a)(9)), by
striking `$1,500,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(9) in section 3408(c) (as redesignated by subsection (a)(9)), by
striking `$2,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(10) in section 3409(d) (as redesignated by subsection (a)(9)), by
striking `$2,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(11) in section 3410(d) (as redesignated by subsection (a)(9)), by
striking `$1,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(12) in section 3504(c) (as redesignated by subsection (a)(10)), by
striking `$5,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and';
(13) in section 3505(e) (as redesignated by subsection (a)(10)), by
striking `$2,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and'; and
(14) in section 3506(d) (as redesignated by subsection (a)(10)), by
striking `$1,000,000 for fiscal year 1995, and such sums as may be
necessary' and inserting `such sums as may be necessary for fiscal year
2001, and'.
TITLE IV--PUBLIC SCHOOL CHOICE
SEC. 401. PUBLIC SCHOOL CHOICE.
(a) MAGNET SCHOOLS AMENDMENTS- Section 5113(a) (20 U.S.C. 7213(a)) is
amended--
(1) by striking `$120,000,000' and inserting `$130,000,000'; and
(2) by striking `1995' and inserting `2001'.
(b) CHARTER SCHOOLS AMENDMENTS-
(1) PARALLEL ACCOUNTABILITY- Section 10302 (20 U.S.C. 8062) is amended
by adding at the end the following:
`(g) PARALLEL ACCOUNTABILITY- Each State educational agency receiving a
grant under this part shall hold charter schools assisted under this part
accountable for adequate yearly progress for improving student performance
under title I and as established in the school's charter, including the use of
the same standards and assessments as established under title I.'.
(2) AUTHORIZATION OF APPROPRIATIONS- Section 10311 (20 U.S.C. 8067) is
amended-
(A) by striking `$100,000,000' and inserting `$200,000,000';
and
(B) by striking `1999' and inserting `2001'.
(c) REPEALS, TRANSFERS AND REDESIGNATIONS- The Act (20 U.S.C. 6301 et
seq.) is amended--
(1) by amending the heading for title IV (20 U.S.C. 7101 et seq.) to
read as follows:
`TITLE IV--PUBLIC SCHOOL CHOICE';
(2) by amending section 4001 to read as follows:
`SEC. 4001. FINDINGS, POLICY, AND PURPOSE.
`(a) FINDINGS- Congress makes the following findings:
`(1)(A) Charter schools and magnet schools are an integral part of the
educational system in the United States.
`(B) Thirty-four States and the District of Columbia have established
charter schools.
`(C) Magnet schools have been established throughout the United
States.
`(D) A Department of Education evaluation of charter schools shows that
59 percent of charter schools reported that lack of start-up funds posed a
difficult or very difficult challenge for the school.
`(2) State educational agencies and local educational agencies should
hold all schools accountable for the improved performance of all students,
including students attending charter schools and magnet schools, under State
standards and student assessment measures.
`(3) School report cards constitute the key informational component used
by parents for effective public school choice.
`(b) POLICY- Congress declares it to be the policy of the United
States--
`(1) to support and stimulate improved public school performance through
increased public elementary school and secondary school competition and
increased Federal financial assistance; and
`(2) to provide parents with more choices among public school
options.
`(c) PURPOSES- The purposes of this title are as follows:
`(1) To consolidate public school choice programs into 1 title.
`(2) To increase Federal assistance for magnet schools and charter
schools.
`(3) To help parents make better and more informed choices by--
`(A) providing continued support and financial assistance for magnet
schools;
`(B) providing continued support and expansion of charter schools and
charter school districts; and
`(C) providing financial assistance to States and local educational
agencies for the development of local educational agency and school report
cards.';
(3) by repealing sections 4002 through 4004 (20 U.S.C. 7102, 7104), and
part A (20 U.S.C. 7111 et seq.), of title IV;
(4) by transferring part A of title V (20 U.S.C. 7201 et seq.) (as
amended by subsection (a)) to title IV and inserting such part A after
section 4001;
(5) by redesignating sections 5101 through 5113 (20 U.S.C. 7201, 7213)
(as transferred by paragraph (4)) as sections 4101 through 4113,
respectively, and by redesignating accordingly the references to such
sections in part A of title IV (as so transferred);
(6) by transferring part C of title X (20 U.S.C. 8061 et seq.) (as
amended by subsection (b)) to title IV and inserting such part C after part
A of title IV (as transferred by paragraph (4));
(7) by redesignating part C of title IV (as transferred by paragraph
(6)) as part B of title IV; and
(8) by redesignating sections 10301 through 10311 (20 U.S.C. 8061, 8067)
(as transferred by paragraph (6)) as sections 4201 through 4211,
respectively, and by redesignating accordingly the references to such
sections in such part B of title IV (as so transferred and
redesignated).
SEC. 402. DEVELOPMENT OF PUBLIC SCHOOL CHOICE PROGRAMS; REPORT CARDS.
Title IV (20 U.S.C. 7101 et seq.) is further amended by adding at the end
the following:
`PART C--DEVELOPMENT OF PUBLIC SCHOOL CHOICE PROGRAMS
`SEC. 4301. GRANTS AUTHORIZED.
`(a) IN GENERAL- From amounts made available to carry out this part for a
fiscal year under section 4305, and not reserved under subsection (b), the
Secretary is authorized to award grants, on a competitive basis, to local
educational agencies to enable the local educational agencies to develop local
public school choice programs.
`(b) RESERVATION FOR EVALUATION, TECHNICAL ASSISTANCE, AND DISSEMINATION-
From the amount appropriated under section 4305 for any fiscal year, the
Secretary may reserve not more than 5 percent to carry out evaluations under
subsection (c), to provide technical assistance, and to disseminate
information.
`(c) EVALUATIONS- The Secretary may use funds reserved under subsection
(b) to carry out 1 or more evaluations of programs assisted under this part,
which shall, at a minimum, address--
`(1) how, and the extent to which, the programs supported with funds
under this part promote educational equity and excellence; and
`(2) the extent to which public schools of choice supported with funds
under this part are--
`(A) held accountable to the public;
`(B) effective in improving public education; and
`(C) open and accessible to all students.
`(d) DURATION- Grants under this part may be awarded for a period not to
exceed 3 years.
`SEC. 4302. DEFINITION OF HIGH-POVERTY LOCAL EDUCATIONAL AGENCY.
`In this part, the term `high-poverty local educational agency' means a
local educational agency in which the percentage of children, ages 5 to 17,
from families with incomes below the poverty line (as defined by the Office of
Management and Budget and revised annually in accordance with section 673(2)
of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved for the most recent fiscal year for which
satisfactory data are available is 20 percent or greater.
`SEC. 4303. USES OF FUNDS.
`(1) PUBLIC SCHOOL CHOICE- Funds under this part may be used to
demonstrate, develop, implement, evaluate, and disseminate information on
innovative approaches to promote public school choice, including the design
and development of new public school choice options, the development of new
strategies for overcoming barriers to effective public school choice, and
the design and development of public school choice systems that promote high
standards for all students and the continuous improvement of all public
schools.
`(2) INNOVATIVE APPROACHES- Such approaches at the school, local
educational agency, and State levels may include--
`(A) inter-district approaches to public school choice, including
approaches that increase equal access to high-quality educational programs
and diversity in schools;
`(B) public elementary and secondary programs that involve
partnerships with institutions of higher education and that are located on
the campuses of those institutions;
`(C) programs that allow students in public secondary schools to
enroll in postsecondary
courses and to receive both secondary and postsecondary academic credit;
`(D) worksite satellite schools, in which State or local educational
agencies form partnerships with public or private employers, to create
public schools at parents' places of employment; and
`(E) approaches to school desegregation that provide students and
parents choice through strategies other than magnet schools.
`(b) LIMITATIONS- Funds under this part--
`(1) shall supplement, and not supplant, non-Federal funds expended for
existing public school choice programs; and
`(2) may be used for providing transportation services or costs, except
that not more than 10 percent of the funds received under this part shall be
used by the local educational agency to provide such services or
costs.
`SEC. 4304. GRANT APPLICATION; PRIORITIES.
`(a) APPLICATION REQUIRED- A State or local educational agency desiring to
receive a grant under this part shall submit an application to the
Secretary.
`(b) APPLICATION CONTENTS- Each application shall include--
`(1) a description of the program for which funds are sought and the
goals for such program;
`(2) a description of how the program funded under this part will be
coordinated with, and will complement and enhance, programs under other
related Federal and non-Federal projects;
`(3) if the program includes partners, the name of each partner and a
description of the partner's responsibilities;
`(4) a description of the policies and procedures the applicant will use
to ensure--
`(A) its accountability for results, including its goals and
performance indicators; and
`(B) that the program is open and accessible to, and will promote high
academic standards for, all students; and
`(5) such other information as the Secretary may require.
`(1) HIGH-POVERTY AGENCIES- The Secretary shall give a priority to
applications for projects that would serve high-poverty local educational
agencies.
`(2) PARTNERSHIPS- The Secretary may give a priority to applications
demonstrating that the applicant will carry out the applicant's project in
partnership with 1 or more public and private agencies, organizations, and
institutions, including institutions of higher education and public and
private employers.
`SEC. 4305. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this part
$100,000,000 for fiscal year 2001 and such sums as may be necessary for each
of the 4 succeeding fiscal years.
`PART D--REPORT CARDS
`SEC. 4401. REPORT CARDS.
`(a) GRANTS AUTHORIZED- The Secretary shall award a grant, from allotments
under subsection (b), to each State having a State report card meeting the
requirements described in subsection (g), to enable the State annually to
publish report cards for each elementary school and secondary school that
receives funding under this Act and is served by the State.
`(b) RESERVATIONS AND ALLOTMENTS-
`(1) RESERVATIONS- From the amount appropriated under subsection (e) to
carry out this part for each fiscal year, the Secretary shall
reserve--
`(A) 1/2 of 1 percent of such amount for payments to the Secretary of
the Interior for activities approved by the Secretary, consistent with
this part, in schools operated or supported by the Bureau of Indian
Affairs, on the basis of their respective needs for assistance under this
part; and
`(B) 1/2 of 1 percent of such amount for payments to outlying areas,
to be allotted in accordance with their respective needs for assistance
under this part, as determined by the Secretary, for activities, approved
by the Secretary, consistent with this part.
`(2) STATE ALLOTMENTS- From the amount appropriated under subsection (e)
for a fiscal year and remaining after the Secretary makes reservations under
paragraph (1), the Secretary shall allot to each State having a State report
card meeting the requirements described in subsection (g) an amount that
bears the same relationship to the remainder as the number of public school
students enrolled in elementary schools and secondary schools in the State
bears to the number of such students so enrolled in all States.
`(c) WITHIN-STATE ALLOCATIONS- Each State educational agency receiving a
grant under subsection (a) shall allocate the grant funds that remain after
making the reservation described in subsection (d) to each local educational
agency in the State in an amount that bears the same relationship to the
remainder as the number of public school students enrolled in elementary
schools and secondary schools served by the local educational agency bears to
the number of such students so enrolled in all local educational agencies
within the State.
`(d) STATE RESERVATION OF FUNDS- Each State educational agency receiving a
grant under subsection (a) may reserve--
`(1) not more than 10 percent of the grant funds to carry out activities
described under subsections (f) and (g), and (i)(1) for fiscal year 2001;
and
`(2) not more than 5 percent of the grant funds to carry out activities
described under subsections (f) and (g), and (i)(1) for fiscal year 2002 and
each of the 3 succeeding fiscal years.
`(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this part $5,000,000 for fiscal year 2001 and such
sums as may be necessary for each of the 4 succeeding fiscal years.
`(f) ANNUAL STATE REPORT-
`(A) IN GENERAL- Except as provided in paragraph (3), 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 elementary schools and
secondary schools within the State that receive funds under part A of title I or
part A of title II.
`(B) STATE REPORT CARDS ON EDUCATION- In the case of a State that
publishes State report cards on education, the State shall include in such
report cards the information described in subsection (g).
`(C) REPORT CARDS ON ALL PUBLIC SCHOOLS- In the case of a State that
publishes a report card on all public elementary schools and secondary
schools in the State, the State shall include, at a minimum, the
information described in subsection (g) for all schools that receive funds
under part A of title I or part A of title II.
`(2) IMPLEMENTATION; REQUIREMENTS-
`(A) IMPLEMENTATION- The State shall ensure implementation at all
levels of the report cards described in paragraph (1).
`(B) REQUIREMENTS- Annual report cards under this part shall
be--
`(ii) presented in a format and manner that parents can understand
including, to the extent practicable, in a language the parents can
understand.
`(3) PUBLICATION THROUGH OTHER MEANS- In the event that the State
provides no such report card, the State shall, not later than the beginning
of the 2001-2002 school year, publicly report the information described in
subsection (g) for all schools that receive funds under part A of title I or
part A of title II through other public means.
`(g) CONTENT OF ANNUAL STATE REPORTS-
`(1) REQUIRED INFORMATION- Each State described in subsection (f)(1)(A),
at a minimum, shall include in the annual State report information on each
local educational agency and school that receives funds under part A of
title I or part A of title II within the State, including information
regarding--
`(A) student performance on statewide assessments for the year for
which the annual State report is made, and the preceding year, in at least
English language arts and mathematics, including--
`(i) a comparison of the proportions of students who performed at
the basic, proficient, and advanced levels in each subject area, for
each grade level at which assessments are required under title I, with
proportions in each of the same 3 levels at the same grade levels in the
previous school year;
`(ii) a statement on the 3-year trend in the percentage of students
performing at the basic, proficient, and advanced levels in each subject
area, for each grade level for which assessments are required under
title I; and
`(iii) a statement of the percentage of students not tested and a
listing of categories of the reasons why such students were not
tested;
`(B) student retention rates in grades, the number of students
completing advanced placement courses, and 4-year graduation
rates;
`(C) the professional qualifications of teachers in the aggregate,
including the percentage of teachers teaching with emergency or
provisional credentials, the percentage of class sections not taught by
fully qualified teachers, and the percentage of teachers who are fully
qualified; and
`(D) the professional qualifications of paraprofessionals in the
aggregate, the number of paraprofessionals in the aggregate, and the ratio
of paraprofessionals to teachers in the classroom.
`(2) STUDENT DATA- Student data in each report shall contain
disaggregated results for the following categories:
`(A) Racial and ethnic groups.
`(C) Economically disadvantaged students, as compared to students who
are not economically disadvantaged.
`(D) Students with limited English proficiency, as compared to
students who are proficient in English.
`(3) OPTIONAL INFORMATION- A State may include in the State annual
report any other information the State determines appropriate to reflect
school quality and school achievement, including by grade level information
on average class size and information on school safety, such as the
incidence of school violence and drug and alcohol abuse, and the incidence
of student suspensions and expulsions.
`(4) WAIVER- The Secretary may grant a waiver to a State seeking a
waiver of the requirements of this subsection if the State demonstrates to
the Secretary that--
`(A) the content of existing State report cards meets the goals of
this part; and
`(B) the State is taking identifiable steps to meet the requirements
of this subsection.
`(h) LOCAL EDUCATIONAL AGENCY AND SCHOOL REPORT CARDS-
`(A) IN GENERAL- The State shall ensure that each local educational
agency, elementary school, or secondary school receiving funds under part
A of title I or part A of title II in the State, collects appropriate data
and publishes an annual report card consistent with this
subsection.
`(B) REQUIRED INFORMATION- Each local educational agency, elementary
school, and secondary school described in subparagraph (A), at a minimum,
shall include in its annual report card--
`(i) the information described in subsections (g)(1) and (2) for
each local educational agency and school;
`(ii) in the case of a local educational agency--
`(I) information regarding the number and percentage of schools
identified for school improvement, including schools identified under
section 1116 of this Act, served by the local educational
agency;
`(II) information on the 3-year trend in the number and percentage
of elementary schools and secondary schools identified for school
improvement; and
`(III) information that shows how students in the schools served
by the local educational agency perform on the statewide assessment
compared to students in the State as a whole;
`(iii) in the case of an elementary school or a secondary
school--
`(I) information regarding whether the school has been identified
for school improvement; and
`(II) information that shows how the school's students performed
on the statewide assessment compared to students in schools served by
the same local educational agency and to all students in the State;
and
`(iv) other appropriate information, whether or not the information
is included in the annual State report.
`(2) SPECIAL RULE- A local educational agency that issues report cards
for all public elementary schools and secondary schools served by the agency
shall include, at a minimum, the information described in subsection (g) for
all schools that receive funds under part A of title I or part A of title
II.
`(i) DISSEMINATION AND ACCESSIBILITY OF REPORTS AND REPORT CARDS-
`(1) STATE REPORTS- State annual reports under subsection (g) shall be
disseminated to all elementary schools, secondary schools, and local
educational agencies in the State, and made broadly available to the public
through means such as posting on the Internet and distribution to the media,
and through public agencies.
`(2) LOCAL REPORT CARDS- Local educational agency report cards under
subsection (h) shall be disseminated to all elementary schools and secondary
schools served by the local educational agency and to all parents of
students attending such schools, and made broadly available to the public
through means such as posting on the Internet and distribution to the media,
and through public agencies.
`(3) SCHOOL REPORT CARDS- Elementary school and secondary school report
cards under subsection (h) shall be disseminated to all parents of students
attending that school, and made broadly available to the public, through
means such as posting on the Internet and distribution to the media, and
through public agencies.
`(j) PARENTS RIGHT-TO-KNOW-
`(1) QUALIFICATIONS- A local educational agency that receives funds part
A of title I or part A of title II shall provide, upon request, in an
understandable and uniform format, to any parent of a student attending any
school receiving funds under part A of title I or part A of title II,
information regarding the professional qualifications of the student's
classroom teachers, including, at a minimum--
`(A) whether the teacher has met State certification or licensing
criteria for the grade levels and subject areas in which the teacher
provides instruction;
`(B) whether the teacher is teaching under emergency or other
provisional status through which State certification or licensing criteria
are waived;
`(C) the baccalaureate degree major of the teacher, any other graduate
certification or degree held by the teacher, and the field of discipline
of each such certification or degree; and
`(D) whether the student is provided services by paraprofessionals,
and the qualifications of any such paraprofessional.
`(2) ADDITIONAL INFORMATION- In addition to the information that parents
may request under paragraph (1), and the information provided in report
cards under this part, a school that receives funds under part A of title I
or part A of title II shall provide, to the extent practicable, to each
individual parent or guardian--
`(A) information on the level of performance of the individual
student, for whom they are the parent or guardian, in each of the State
assessments as required under part A of title I; and
`(B) timely notice that the student, for whom they are the parent or
guardian, was assigned or taught for 2 or more consecutive weeks by a
substitute teacher or by a teacher not fully qualified.
`(k) COORDINATION OF STATE PLAN CONTENT- A State shall include in its plan
under part A of title I or part A of title II, an assurance that the State has
in effect a policy that meets the requirements of this section.
`(l) PRIVACY- Information collected under this section shall be collected
and disseminated in a manner that protects the privacy of individuals.
`(m) DEFINITION- The term `State' means each of the several States of the
United States, the District of Columbia, and the Commonwealth of Puerto
Rico.'.
TITLE V--IMPACT AID
SEC. 501. IMPACT AID.
Section 8001 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7701) is amended--
(1) in the matter preceding paragraph (1)--
(A) by inserting after `educational services to federally connected
children' the following: `in a manner that promotes control by local
educational agencies with little or no Federal or State involvement';
and
(B) by inserting after `certain activities of the Federal Government'
the following: `, such as activities to fulfill the responsibilities of
the Federal Government with respect to Indian tribes and activities under
section 514 of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 574),';
(2) in paragraph (4), by adding `or' at the end;
(3) by striking paragraph (5);
(4) by redesignating paragraph (6) as paragraph (5); and
(5) in paragraph (5) (as redesignated), by inserting before the period
at the end the following: `and because of the difficulty of raising local
revenue through bond referendums for capital projects due to the inability
to tax Federal property'.
SEC. 502. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
(a) FISCAL YEAR REQUIREMENT- Section 8002(a) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(a)) is amended in the matter
preceding paragraph (1) by striking `1999' and inserting `2005'.
(1) INSUFFICIENT FUNDS- Section 8002(b)(1)(B) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(B)) is amended by
striking `shall ratably reduce the payment to each eligible local
educational agency' and inserting `shall calculate the payment for each
eligible local educational agency in accordance with subsection (h)'.
(2) MAXIMUM AMOUNT- Section 8002(b)(1)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is amended by
adding at the end before the period the following: `, or the maximum amount
that such agency is eligible to receive for such fiscal year under this
section, whichever is greater'.
(c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE
APPROPRIATED- Section 8002(h) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7702(h)) is amended to read as follows:
`(h) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE
APPROPRIATED- For any fiscal year for which the amount appropriated under
section 8014(a) is insufficient to pay to each local educational agency the
full amount determined under subsection (b), the Secretary shall make payments
to each local educational agency under this section as follows:
`(1) FOUNDATION PAYMENTS FOR PRE-1995 RECIPIENTS-
`(A) IN GENERAL- The Secretary shall first make a foundation payment
to each local educational agency that is eligible to receive a payment
under this section for the fiscal year involved and was eligible to
receive a payment under section 2 of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such section was in effect on the day
preceding the date of the enactment of the Improving America's Schools Act
of 1994) for any of the fiscal years 1989 through 1994.
`(B) AMOUNT- The amount of a payment under subparagraph (A) for a
local educational agency shall be equal to 37 percent of the payment
amount the local educational agency was eligible to receive under section
2 of the Act of September 30, 1950, for fiscal year 1994 (or if the local
educational agency was not eligible to receive a payment under such
section 2 for fiscal year 1994, the payment that local educational agency
was eligible to receive under such section 2 for the most recent fiscal
year preceding 1994).
`(C) INSUFFICIENT APPROPRIATIONS- If the amount appropriated under
section 8014(a) is insufficient to pay the full amount determined under
this paragraph for all eligible local educational agencies for the fiscal
year, then the Secretary shall ratably reduce the payment to each local
educational agency under this paragraph.
`(2) PAYMENTS FOR 1995 RECIPIENTS-
`(A) IN GENERAL- From any amounts remaining after making payments
under paragraph (1) for the fiscal year involved, the Secretary shall make
a payment to each eligible local educational agency that received a
payment under this section for fiscal year 1995.
`(B) AMOUNT- The amount of a payment under subparagraph (A) for a
local educational agency shall be determined as follows:
`(i) Calculate the difference between the amount appropriated to
carry out this section for fiscal year 1995 and the total amount of
foundation payments made under paragraph (1) for the fiscal
year.
`(ii) Determine the percentage share for each local educational
agency that received a payment under this section for fiscal year 1995
by dividing the assessed value of the Federal property of the local
educational agency for fiscal year 1995 determined in accordance with
subsection (b)(3), by the total national assessed value of the Federal
property of all such local educational agencies for fiscal year 1995, as
so determined.
`(iii) Multiply the percentage share described in clause (ii) for
the local educational agency by the amount determined under clause
(i).
`(3) SUBSECTION (i) RECIPIENTS- From any funds remaining after making
payments under paragraphs (1) and (2) for the fiscal year involved, the
Secretary shall make payments in accordance with subsection (i).
`(4) REMAINING FUNDS- From any funds remaining after making payments
under paragraphs (1), (2), and (3) for the fiscal year involved--
`(A) the Secretary shall make a payment to each local educational
agency that received a foundation payment under paragraph (1) for the
fiscal year involved in an amount that bears the same relation to 25
percent of the remainder as the amount the local educational agency
received under paragraph (1) for the fiscal year involved bears to the
amount all local educational agencies received under paragraph (1) for the
fiscal year involved; and
`(B) the Secretary shall make a payment to each local educational
agency that is eligible to receive a payment under this section for the
fiscal year involved in an amount that bears the same relation to 75
percent of the remainder as a percentage share determined for the local
educational agency (in the same manner as percentage shares are determined
for local educational agencies under paragraph (2)(B)(ii)) bears to the
percentage share determined (in the same manner) for all local educational
agencies eligible to receive a payment under this section for the fiscal
year involved, except that for the purpose of calculating a local
educational agency's assessed value of the Federal property, data from the
most current fiscal year shall be used.'.
(1) IN GENERAL- Section 8002(i)(1) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7702(i)(1)) is amended to read as
follows:
`(1) IN GENERAL- For any fiscal year beginning with fiscal year 2000 for
which the amount appropriated to carry out this section exceeds the amount
so appropriated for fiscal year 1996 and for which subsection (b)(1)(B)
applies, the Secretary shall use the remainder described in subsection
(h)(3) for the fiscal year involved (not to exceed the amount equal to the
difference between (A) the amount appropriated to carry out this section for
fiscal year 1997 and (B) the amount appropriated to carry out this section
for fiscal year 1996) to increase the payment that would otherwise be made
under this section to not more than 50 percent of the maximum amount
determined under subsection (b) for any local educational agency described
in paragraph (2).'.
(2) CONFORMING AMENDMENT- The heading of section 8002(i) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7702(i)) is
amended by striking `PRIORITY' and inserting `SPECIAL'.
(e) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL AGENCIES IMPACTED
BY FEDERAL PROPERTY ACQUISITION- Section 8002(j)(2) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(j)(2)) is amended--
(1) by striking `(A) A local educational agency' and inserting `A local
educational agency';
(2) by redesignating clauses (i) through (v) as subparagraphs (A)
through (E), respectively; and
(3) in subparagraph (C) (as redesignated), by adding at the end before
the semicolon the following: `and such agency does not currently have a
military installation located within its geographic boundaries'.
(f) DATA; PRELIMINARY AND FINAL PAYMENTS- Section 8002 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7702) is amended by adding at
the end the following:
`(l) DATA; PRELIMINARY AND FINAL PAYMENTS-
`(1) IN GENERAL- The Secretary shall--
`(A) not later than 30 days following the application deadline under
section 8005(c) for a fiscal year, require any local educational agency
that applied for a payment under subsection (b) for the fiscal year to
submit such data as may be necessary in order to compute the
payment;
`(B) as soon as possible after the beginning of any fiscal year, but
no later than 60 days after the enactment of an Act making appropriations
to carry out this title for the fiscal year, provide a preliminary payment
under subsection (b) for any local educational agency that applied for a
payment under subsection (b) for the fiscal year and was eligible for such
a payment for the preceding fiscal year, in the amount of 60 percent of
the payment for the previous year; and
`(C) provide a final payment under subsection (b) for any eligible
local educational agency not later than 12 months after the application
deadline established under section
8005(c), except that any local educational agency failing to submit all of
the data required under subparagraph (A) shall be denied such payment for the
fiscal year for which the application is made unless funds from a source other
than the Act described in subparagraph (B) are made available to provide such
payment.
`(2) ELIGIBILITY FOR PAYMENTS IN SUBSEQUENT YEARS- The denial of a
payment under subsection (b) to a local educational agency for a fiscal year
pursuant to this subsection shall not affect the eligibility of the local
educational agency for a final payment under subsection (b) for a subsequent
fiscal year.'.
SEC. 503. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
(a) MILITARY INSTALLATION HOUSING UNDERGOING RENOVATION OR REBUILDING-
(1) IN GENERAL- Section 8003(a)(4) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(a)) is amended--
(A) in the heading, by striking `UNDERGOING RENOVATION' and inserting
`UNDERGOING RENOVATION OR REBUILDING';
(B) by striking `For purposes' and inserting the following:
`(A) IN GENERAL- For purposes';
(C) in subparagraph (A) (as designated by subparagraph (B)), by
inserting `or rebuilding' after `undergoing renovation'; and
(D) by adding at the end the following:
`(B) LIMITATIONS- (i)(I) Except as provided in subclause (II),
children described in paragraph (1)(D)(i) may be deemed to be children
described in paragraph (1)(B) with respect to housing on Federal property
undergoing renovation or rebuilding in accordance with subparagraph (A)
for a period not to exceed 2 fiscal years.
`(II) If the Secretary determines, on the basis of a certification
provided to the Secretary by a designated representative of the Secretary
of Defense, that the expected completion date of the renovation or
rebuilding of the housing has been delayed by not less than 1 year,
then--
`(aa) in the case of a determination made by the Secretary in the
first fiscal year described in subclause (I), the time period described
such subclause shall be extended by the Secretary for an additional 2
years; and
`(bb) in the case of a determination made by the Secretary in the
second fiscal year described in subclause (I), the time period described
such subclause shall be extended by the Secretary for an additional 1
year.
`(ii) The number of children described in paragraph (1)(D)(i) who are
deemed to be children described in paragraph (1)(B) with respect to
housing on Federal property undergoing renovation or rebuilding in
accordance with subparagraph (A) for any fiscal year may not exceed the
maximum number of children who are expected to occupy that housing upon
completion of the renovation or rebuilding.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply
with respect to payments to a local educational agency for fiscal years
beginning before, on, or after the date of the enactment of this Act.
(b) MILITARY `BUILD TO LEASE' PROGRAM HOUSING- Section 8003(a) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)) is amended
by adding at the end the following:
`(5) MILITARY `BUILD TO LEASE' PROGRAM HOUSING-
`(A) IN GENERAL- For purposes of computing the amount of payment for a
local educational agency for children identified under paragraph (1), the
Secretary shall consider children residing in housing initially acquired
or constructed under the former section 2828(g) of title 10, United States
Code (commonly known as the `Build to Lease' program), as added by section
801 of the Military Construction Authorization Act, 1984, to be children
described under paragraph (1)(B) if the property described is within the
fenced security perimeter of the military facility upon which such housing
is situated.
`(B) ADDITIONAL REQUIREMENTS- If the property described in
subparagraph (A) is not owned by the Federal Government, is subject to
taxation by a State or political subdivision of a State, and thereby
generates revenues for a local educational agency that is applying to
receive a payment under this section, then the Secretary--
`(i) shall require the local educational agency to provide
certification from an appropriate official of the Department of Defense
that the property is being used to provide military housing;
and
`(ii) shall reduce the amount of the payment under this section by
an amount equal to the amount of revenue from such taxation received in
the second preceding fiscal year by such local educational agency,
unless the amount of such revenue was taken into account by the State
for such second preceding fiscal year and already resulted in a
reduction in the amount of State aid paid to such local educational
agency.'.
SEC. 504. MAXIMUM AMOUNT OF BASIC SUPPORT PAYMENTS.
Section 8003(b)(1) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 7703(b)(1)) is amended by adding at the end the following:
`(D) INCREASE IN LOCAL CONTRIBUTION RATE DUE TO UNUSUAL GEOGRAPHIC
FACTORS- If the current expenditures in those local educational agencies
which the Secretary has determined to be generally comparable to the local
educational agency for which a computation is made under subparagraph (C)
are not reasonably comparable because of unusual geographical factors
which affect the current expenditures necessary to maintain, in such
agency, a level of education equivalent to that maintained in such other
agencies, then the Secretary shall increase the local contribution rate
for such agency under subparagraph (C)(iii) by such an amount which the
Secretary determines will compensate such agency for the increase in
current expenditures necessitated by such unusual geographical factors.
The amount of any such supplementary payment may not exceed the per-pupil
share (computed with regard to all children in average daily attendance),
as determined by the Secretary, of the increased current expenditures
necessitated by such unusual geographic factors.'.
SEC. 505. BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES.
(a) IN GENERAL- Section 8003(b) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7703(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4),
respectively; and
(2) by inserting after paragraph (1) the following:
`(2) BASIC SUPPORT PAYMENTS FOR HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES-
`(A) IN GENERAL- (i) From the amount appropriated under section
8014(b) for a fiscal year, the Secretary is authorized to make basic
support payments to eligible heavily impacted local educational agencies
with children described in subsection (a).
`(ii) A local educational agency that receives a basic support payment
under this paragraph for a fiscal year shall not be eligible to receive a
basic support payment under paragraph (1) for that fiscal year.
`(B) ELIGIBILITY FOR CONTINUING HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES-
`(i) FISCAL YEAR 2001- A heavily impacted local educational agency
is eligible to receive a basic support payment under subparagraph (A)
for fiscal year 2001 with respect to a number of children determined
under subsection (a)(1) only if the agency received an additional
assistance payment under subsection (f) (as such subsection was in
effect on the day before the date of the enactment of the Impact Aid
Reauthorization Act of 2000) for fiscal year 2000.
`(ii) FISCAL YEAR 2002 AND SUBSEQUENT FISCAL YEARS- A heavily
impacted local educational agency described in clause (i) is eligible to
receive a basic support payment under subparagraph (A) for fiscal year
2002 and any subsequent fiscal year with respect to a number of children
determined under subsection (a)(1) only if the agency--
`(I) received a basic support payment under subparagraph (A) for
fiscal year 2001; and
`(II)(aa) is a local educational agency whose boundaries are the
same as a Federal military installation;
`(bb) has an enrollment of federally connected children described
in subsection (a)(1) which constitutes a percentage of the total
student enrollment of such agency which is not less than 35 percent,
has a per-pupil expenditure that is less than the average per-pupil
expenditure of the State in which the agency is located or the average
per-pupil expenditure of all States (whichever average per-pupil
expenditure is greater), except that a local educational agency with a
total student enrollment of less than 350 students shall be deemed to
have satisfied such per-pupil expenditure requirement, and has a tax
rate for general fund purposes which is at least 95 percent of the
average tax rate for general fund purposes of comparable local
educational agencies in the State; or
`(cc) has a total student enrollment of not less than 25,000
students, of which not less than 50 percent are federally connected
children described in subsection (a)(1) and not less than 6,000 of
such federally connected children are children described in
subparagraphs (A) and (B) of subsection (a)(1).
`(iii) RESUMPTION OF ELIGIBILITY- A heavily impacted local
educational agency described in clause (i) or (ii) that becomes
ineligible under either such clause for one or more fiscal years may
resume eligibility for a basic support payment under this paragraph for
a subsequent fiscal year only if the agency meets the requirements of
item (aa), (bb), or (cc) of clause (ii)(II) for that subsequent fiscal
year.
`(C) ELIGIBILITY FOR NEW HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES-
`(i) IN GENERAL- A heavily impacted local educational agency that
did not receive an additional assistance payment under subsection (f)
(as such subsection was in effect on the day before the date of the
enactment of the Impact Aid Reauthorization Act of 2000) for fiscal year
2000 is eligible to receive a basic support payment under subparagraph
(A) for fiscal year 2002 and any subsequent fiscal year with respect to
a number of children determined under subsection (a)(1) only if the
agency--
`(I) has an enrollment of federally connected children described
in subsection (a)(1) which constitutes a percentage of the total
student enrollment of such agency which (aa) is not less than 50
percent if such agency receives a payment on behalf of children
described in subparagraphs (F) and (G) of such subsection or (bb) is
not less than 40 percent if such agency does not receive a payment on
behalf of such children;
`(II)(aa) is a local educational agency whose boundaries are the
same as a Federal military installation; or
`(bb) is a local educational agency that has a tax rate for
general fund purposes which is at least 95 percent of the average tax
rate for general fund purposes of comparable local educational
agencies in the State; and
`(III)(aa) for a local educational agency that has a total student
enrollment of 350 or more students, the agency has a per-pupil
expenditure that is less than the average per-pupil expenditure of the
State in which the agency is located; or
`(bb) for a local educational agency that has a total student
enrollment of less than 350 students, the agency has a per-pupil
expenditure that is less than the average per-pupil expenditure of a
comparable agency in the State in which the agency is
located.
`(ii) RESUMPTION OF ELIGIBILITY- A heavily impacted local
educational agency described in clause (i) that becomes ineligible under
such clause for one or more fiscal years may resume eligibility for a
basic support payment under this paragraph for a subsequent fiscal year
only if the agency meets the requirements of subclauses (I), (II), and
(III) of clause (i) for that subsequent fiscal year.
`(iii) APPLICATION- With respect to the first fiscal year for which
a heavily impacted local educational agency described in clause (i)
applies for a basic support payment under subparagraph (A), or with
respect to the first fiscal year for which a heavily impacted local
educational agency applies for a basic support payment under
subparagraph (A) after becoming ineligible under clause (i) for one or
more preceding fiscal years, the agency shall apply for such payment at
least 1 year prior to the start of that first fiscal year.
`(D) MAXIMUM AMOUNT FOR REGULAR HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES- (i) Except as provided in subparagraph (E), the maximum amount
that a heavily impacted local educational agency is eligible to receive
under this paragraph for any fiscal year is the sum of the total weighted
student units, as computed under subsection (a)(2) (subject to clause
(ii)), multiplied by the greater of--
`(I) four-fifths of the average per-pupil expenditure of the State
in which the local educational agency is located for the third fiscal
year preceding the fiscal year for which the determination is made;
or
`(II) four-fifths of the average per-pupil expenditure of all of the
States for the third fiscal year preceding the fiscal year for which the
determination is made.
`(ii)(I) For a local educational agency with respect to which 35
percent or more of the total student enrollment of the schools of the
agency are children described in subparagraph (D) or (E) (or a combination
thereof) of subsection (a)(1), the Secretary shall calculate the weighted
student units of such children for purposes of subsection (a)(2) by
multiplying the number of such children by a factor of 0.55.
`(II) For a local educational agency that has an enrollment of 100 or
fewer federally connected children described in subsection (a)(1), the
Secretary shall calculate the total number of weighted student units for
purposes of subsection (a)(2) by multiplying the number of such children
by a factor of 1.75.
`(III) For a local educational agency that has an enrollment of more
than 100 but not more than 750 children described in subsection (a)(1),
the Secretary shall calculate the total number of weighted student units
for purposes of subsection (a)(2) by multiplying the number of such
children by a factor of 1.25.
`(E) MAXIMUM AMOUNT FOR LARGE HEAVILY IMPACTED LOCAL EDUCATIONAL
AGENCIES- (i)(I) Subject to clause (ii), the maximum amount that a heavily
impacted local educational agency described in subclause (II) is eligible
to receive under this paragraph for any fiscal year shall be determined in
accordance with the formula described in paragraph (1)(C).
`(II) A heavily impacted local educational agency described in this
subclause is a local educational agency that has a total student
enrollment of not less than 25,000 students, of which not less than 50
percent are federally connected children described in subsection (a)(1)
and not less than 6,000 of such federally connected children are children
described in subparagraphs (A) and (B) of subsection (a)(1).
`(ii) For purposes of calculating the maximum amount described in
clause (i), the factor used in determining the weighted student units
under subsection (a)(2) with respect to children described in
subparagraphs (A) and (B) of subsection (a)(1) shall be 1.35.
`(F) DATA- For purposes of providing assistance under this paragraph,
the Secretary shall use student, revenue, expenditure, and tax data from
the third fiscal year preceding the fiscal year for which the local
educational agency is applying for assistance under this
paragraph.'.
(b) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE
APPROPRIATED- Paragraph (3) of section 8003(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(b)), as redesignated, is amended--
(1) in subparagraph (A), by striking `paragraph (1)' and inserting
`paragraphs (1) and (2)';
(2) in subparagraph (B)--
(A) in the heading, by inserting after `PAYMENTS' the following: `IN
LIEU OF PAYMENTS UNDER PARAGRAPH (1)';
(B) in the matter preceding subclause (I) of clause (i), by inserting
after `threshold payment')' the following: `in lieu of basic support
payments under paragraph (1)';
(C) in clause (ii), by striking `paragraph (1)' and inserting `clause
(i)'; and
(D) by adding at the end the following:
`(iv) In the case of a local educational agency that has a total
student enrollment of fewer than 1,000 students and that has a per-pupil
expenditure that is less than the average per-pupil expenditure of the
State in which the agency is located, the total percentage used to
calculate threshold payments under clause (i) shall not be less than 40
percent.';
(3) by redesignating subparagraph (C) as subparagraph (D);
(4) by inserting after subparagraph (B) the following:
`(C) LEARNING OPPORTUNITY THRESHOLD PAYMENTS IN LIEU OF PAYMENTS UNDER
PARAGRAPH (2)- For fiscal years described in subparagraph (A), the
learning opportunity threshold payment in lieu of basic support payments
under paragraph (2) shall be equal to the amount obtained under
subparagraph (D) or (E) of paragraph (2), as the case may be.';
and
(5) in subparagraph (D) (as redesignated), by striking `computation made
under subparagraph (B)' and inserting `computations made under subparagraphs
(B) and (C)'.
(c) CONFORMING AMENDMENTS- (1) Section 8002(b)(1)(C) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7702(b)(1)(C)) is amended by
striking `section 8003(b)(1)(C)' and inserting `paragraph (1)(C) of section
8003(b) or subparagraph (D) or (E) of paragraph (2) of such section, as the
case may be'.
(2) Section 8003 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703) is amended--
(A) in subsection (a)(1), by striking `subsection (b), (d), or (f)' and
inserting `subsection (b) or (d)';
(i) in paragraph (1)(C), in the matter preceding clause (i), by
striking `this subsection' and inserting `this paragraph'; and
(ii) in paragraph (4) (as redesignated)--
(I) in subparagraph (A), by striking `paragraphs (1)(B), (1)(C), and
(2) of this subsection' and inserting `subparagraphs (B) and (C) of
paragraph (1) or subparagraphs (B) through (D) of paragraph (2), as the
case may be, paragraph (3) of this subsection'; and
(II) in subparagraph (B)--
(aa) by inserting after `paragraph (1)(C)' the following: `or
subparagraph (D) or (E) of paragraph (2), as the case may be,';
and
(bb) by striking `paragraph (2)(B)' and inserting `subparagraph
(B) or (C) of paragraph (3)';
(C) in subsection (c)(1), by striking `paragraph (2) and subsection (f)'
and inserting `subsection (b)(2) and paragraph (2)';
(D) by striking subsection (f); and
(E) in subsection (i), by striking `sections 8002 and 8003(b)' and
inserting `section 8002 and subsection (b) of this section'.
SEC. 506. BASIC SUPPORT PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES AFFECTED BY
REMOVAL OF FEDERAL PROPERTY.
Section 8003(b) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7703(b)), as amended by this Act, is further amended by adding at the
end the following:
`(5) LOCAL EDUCATIONAL AGENCIES AFFECTED BY REMOVAL OF FEDERAL
PROPERTY-
`(A) IN GENERAL- In computing the amount of a basic support payment
under this subsection for a fiscal year for a local educational agency
described in subparagraph (B), the Secretary shall meet the additional
requirements described in subparagraph (C).
`(B) LOCAL EDUCATIONAL AGENCY DESCRIBED- A local educational agency
described in this subparagraph is a local educational agency with respect
to which Federal property (i) located within the boundaries of the agency,
and (ii) on which one or more children reside who are receiving a free
public education at a school of the agency, is transferred by the Federal
Government to another entity in any fiscal year beginning on or after the
date of the enactment of the Impact Aid Reauthorization Act
of 2000 so that the property is subject to taxation by the State or a
political subdivision of the State.
`(C) ADDITIONAL REQUIREMENTS- The additional requirements described in
this subparagraph are the following:
`(i) For each fiscal year beginning after the date on which the
Federal property is transferred, a child described in subparagraph (B)
who continues to reside on such property and who continues to receive a
free public education at a school of the agency shall be deemed to be a
child who resides on Federal property for purposes of computing under
the applicable subparagraph of subsection (a)(1) the amount that the
agency is eligible to receive under this subsection.
`(ii)(I) For the third fiscal year beginning after the date on which
the Federal property is transferred, and for each fiscal year
thereafter, the Secretary shall, after computing the amount that the
agency is otherwise eligible to receive under this subsection for the
fiscal year involved, deduct from such amount an amount equal to the
revenue received by the agency for the immediately preceding fiscal year
as a result of the taxable status of the former Federal
property.
`(II) For purposes of determining the amount of revenue to be
deducted in accordance with subclause (I), the local educational
agency--
`(aa) shall provide for a review and certification of such amount
by an appropriate local tax authority; and
`(bb) shall submit to the Secretary a report containing the amount
certified under item (aa).'.
SEC. 507. ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES WITH HIGH
CONCENTRATIONS OF CHILDREN WITH SEVERE DISABILITIES.
(a) REPEAL- Subsection (g) of section 8003 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7703(g)) is repealed.
(b) CONFORMING AMENDMENTS- (1) Section 8003 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7703) is amended by redesignating
subsections (h) and (i) as subsections (f) and (g), respectively.
(2) Section 426 of the General Education Provisions Act (20 U.S.C. 1228)
is amended by striking `subsections (d) and (g) of section 8003 of such Act'
and inserting `section 8003(d) of such Act'.
SEC. 508. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
Section 8005(d) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7705(d)) is amended--
(1) in paragraph (2), by inserting after `not more than 60 days after a
deadline established under subsection (c)' the following: `, or not more
than 60 days after the date on which the Secretary sends written notice to
the local educational agency pursuant to paragraph (3)(A), as the case may
be,'; and
(2) in paragraph (3) to read as follows:
`(A) NOTICE- The Secretary shall, as soon as practicable after the
deadline established under subsection (c), provide to each local
educational agency that applied for a payment under section 8002 or 8003
for the prior fiscal year, and with respect to which the Secretary has not
received an application for a payment under either such section (as the
case may be) for the fiscal year in question, written notice of the
failure to comply with the deadline and instruction to ensure that the
application is filed not later than 60 days after the date on which the
Secretary sends the notice.
`(B) ACCEPTANCE AND APPROVAL OF LATE APPLICATIONS- The Secretary shall
not accept or approve any application of a local educational agency that
is filed more than 60 days after the date on which the Secretary sends
written notice to the local educational agency pursuant to subparagraph
(A).'.
SEC. 509. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF
MILITARY DEPENDENTS.
Section 8006 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7706) is repealed.
SEC. 510. CONSTRUCTION.
(a) IN GENERAL- Section 8007 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7707) is amended to read as follows:
`SEC. 8007. CONSTRUCTION.
`(a) CONSTRUCTION PAYMENTS AUTHORIZED-
`(1) IN GENERAL- From 70 percent of the amount appropriated for each
fiscal year under section 8014(e), the Secretary shall make payments in
accordance with this subsection to each local educational agency that
receives a basic support payment under section 8003(b) for that fiscal
year.
`(2) ADDITIONAL REQUIREMENTS- A local educational agency that receives a
basic support payment under section 8003(b)(1) shall also meet at least one
of the following requirements:
`(A) The number of children determined under section 8003(a)(1)(C) for
the agency for the preceding school year constituted at least 50 percent
of the total student enrollment in the schools of the agency during the
preceding school year.
`(B) The number of children determined under subparagraphs (B) and
(D)(i) of section 8003(a)(1) for the agency for the preceding school year
constituted at least 50 percent of the total student enrollment in the
schools of the agency during the preceding school year.
`(A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILITARY DEPENDENT
CHILDREN- The amount of a payment to each local educational agency
described in this subsection that is impacted by military dependent
children for a fiscal year shall be equal to--
`(i)(II) 35 percent of the amount appropriated under section 8014(e)
for such fiscal year; divided by
`(II) the total number of weighted student units of children
described in subparagraphs (B) and (D)(i) of section 8003(a)(1) for all
local educational agencies described in this subsection (as calculated
under section 8003(a)(2)), including the number of weighted student
units of such children attending a school facility described in section
8008(a) if the Secretary does not provide assistance for the school
facility under that section for the prior fiscal year; multiplied
by
`(ii) the total number of such weighted student units for the
agency.
`(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHILDREN WHO RESIDE ON
INDIAN LANDS- The amount of a payment to each local educational agency
described in this subsection that is impacted by children who reside on
Indian lands for a fiscal year shall be equal to--
`(i)(I) 35 percent of the amount appropriated under section 8014(e)
for such fiscal year; divided by
`(II) the total number of weighted student units of children
described in section 8003(a)(1)(C) for all local educational agencies
described in this subsection (as calculated under section 8003(a)(2));
multiplied by
`(ii) the total number of such weighted student units for the
agency.
`(4) USE OF FUNDS- Any local educational agency that receives funds
under this subsection shall use such funds for construction, as defined in
section 8013(3).
`(b) SCHOOL FACILITY MODERNIZATION GRANTS AUTHORIZED-
`(1) IN GENERAL- From 30 percent of the amount appropriated for each
fiscal year under section 8014(e), the Secretary shall award grants in
accordance with this subsection to eligible local educational agencies to
enable the local educational agencies to carry out modernization of school
facilities.
`(2) ELIGIBILITY REQUIREMENTS- A local educational agency is eligible to
receive funds under this subsection only if--
`(A) such agency (or in the case of a local educational agency that
does not have the authority to tax or issue bonds, such agency's fiscal
agent) has no capacity to issue bonds or is at such agency's limit in
bonded indebtedness for the purposes of generating funds for capital
expenditures; and
`(B)(i) such agency received assistance under section 8002(a) for the
fiscal year and has an assessed value of taxable property per student in
the school district that is less than the average of the assessed value of
taxable property per student in the State in which the local educational
agency is located; or
`(ii) such agency received assistance under subsection (a) for the
fiscal year and has a school facility emergency, as determined by the
Secretary, that poses a health or safety hazard to the students and school
personnel assigned to the school facility.
`(3) AWARD CRITERIA- In awarding grants under this subsection the
Secretary shall consider one or more of the following factors:
`(A) The extent to which the local educational agency lacks the fiscal
capacity to undertake the modernization project without Federal
assistance.
`(B) The extent to which property in the local educational agency is
nontaxable due to the presence of the Federal Government.
`(C) The extent to which the local educational agency serves high
numbers or percentages of children described in subparagraphs (A), (B),
(C), and (D) of section 8003(a)(1).
`(D) The need for modernization to meet--
`(i) the threat that the condition of the school facility poses to
the safety and well-being of students;
`(ii) overcrowding conditions as evidenced by the use of trailers
and portable buildings and the potential for future overcrowding because
of increased enrollment; and
`(iii) facility needs resulting from actions of the Federal
Government.
`(E) The age of the school facility to be modernized.
`(4) OTHER AWARD PROVISIONS-
`(A) FEDERAL SHARE- The Federal funds provided under this subsection
to a local educational agency described in subparagraph (C) shall not
exceed 50 percent of the total cost of the project to be assisted under
this subsection. A local educational agency may use in-kind contributions
to meet the matching requirement of the preceding sentence.
`(B) MAXIMUM GRANT- A local educational agency described in
subparagraph (C) may not receive a grant under this subsection in an
amount that exceeds $3,000,000 during any 5-year period.
`(C) LOCAL EDUCATIONAL AGENCY DESCRIBED- A local educational agency
described in this subparagraph is a local educational agency that has the
authority to issue bonds but is at such agency's limit in bonded
indebtedness for the purposes of generating funds for capital
expenditures.
`(5) APPLICATIONS- A local educational agency that desires to receive a
grant under this subsection shall submit an application to the Secretary at
such time, in such manner, and accompanied by such information as the
Secretary may require. Each application shall contain--
`(A) documentation certifying such agency's lack of bonding
capacity;
`(B) a listing of the school facilities to be modernized, including
the number and percentage of children determined under section 8003(a)(1)
in average daily attendance in each school facility;
`(C) a description of the ownership of the property on which the
current school facility is located or on which the planned school facility
will be located;
`(D) a description of any school facility deficiency that poses a
health or safety hazard to the occupants of the school facility and a
description of how that deficiency will be repaired;
`(E) a description of the modernization to be supported with funds
provided under this subsection;
`(F) a cost estimate of the proposed modernization; and
`(G) such other information and assurances as the Secretary may
reasonably require.
`(A) APPLICATIONS- Each local educational agency described in
paragraph (2)(B)(ii) that desires a grant under this subsection shall
include in the application submitted under paragraph (5) a signed
statement from an appropriate local official certifying that a health or
safety deficiency exists.
`(B) PRIORITY- If the Secretary receives more than one application
from local educational agencies described in paragraph (2)(B)(ii) for
grants under this subsection for any fiscal year, the Secretary shall give
priority to local educational agencies based on the severity of the
emergency, as determined by the Secretary, and when the application was
received.
`(C) CONSIDERATION FOR FOLLOWING YEAR- A local educational agency
described in paragraph (2)(B)(ii) that applies for a grant under this
subsection for any fiscal year and does not receive the grant shall have
the application for the grant considered for the following fiscal year,
subject to the priority described in subparagraph (B).'.
(b) DEFINITION- Section 8013 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7713) is amended by adding at the end the following:
`(13) MODERNIZATION- The term `modernization' means repair, renovation,
alteration, or construction, including--
`(A) the concurrent installation of equipment; and
`(B) the complete or partial replacement of an existing school
facility, but only if such replacement is less expensive and more
cost-effective than repair, renovation, or alteration of the school
facility.'.
SEC. 511. FEDERAL ADMINISTRATION.
Section 8010(c) of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7710(c)) is amended--
(1) by striking paragraph (1);
(2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2),
respectively; and
(3) in paragraph (2)(D) (as redesignated), by striking `section 5(d)(2)
of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such
section was in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) or'.
SEC. 512. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
(a) ADMINISTRATIVE HEARINGS-
(1) IN GENERAL- Section 8011(a) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7711) is amended by adding at the end
before the period the following: `if the local educational agency or State,
as the case may be, submits to the Secretary a request for the hearing not
later than 60 days after the date of the action of the Secretary under this
title'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall apply with
respect to an action of the Secretary under title VIII of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7701 et seq.) initiated on or
after the date of the enactment of this Act.
(b) JUDICIAL REVIEW OF SECRETARIAL ACTION- Section 8011(b)(1) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7711(b)(1)) is
amended by striking `60 days' and inserting `30 working days (as determined by
the local educational agency or State)'.
SEC. 513. DEFINITIONS.
Section 8013(5)(A)(iii) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7713(5)(A)(iii)) is amended--
(1) in subclause (I), by striking `or' at the end; and
(2) by adding at the end the following:
`(III) affordable housing assisted under the Native American Housing
Assistance and Self-Determination Act of 1996; or'.
SEC. 514. AUTHORIZATION OF APPROPRIATIONS.
(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY- Section 8014(a) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(a)) is
amended by striking `$16,750,000 for fiscal year 1995' and inserting
`$32,000,000 for fiscal year 2000'.
(b) BASIC PAYMENTS- Section 8014(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(b)) is amended--
(1) by striking `subsections (b) and (f) of section 8003' and inserting
`section 8003(b)';
(2) by striking `$775,000,000 for fiscal year 1995' and inserting
`$809,400,000 for fiscal year 2000'; and
(3) by striking `, of which 6 percent' and all that follows and
inserting a period.
(c) PAYMENTS FOR CHILDREN WITH DISABILITIES- Section 8014(c) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714(c)) is amended
by striking `$45,000,000 for fiscal year 1995' and inserting `$50,000,000 for
fiscal year 2000'.
(d) PAYMENTS FOR INCREASES IN MILITARY CHILDREN- Subsection (d) of section
8014 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7714) is
repealed.
(e) CONSTRUCTION- Section 8014(e) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7714(e)) is amended by striking `$25,000,000
for fiscal year 1995' and inserting `$10,052,000 for fiscal year 2000'.
(f) FACILITIES MAINTENANCE- Section 8014(f) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7714(f)) is amended by striking
`$2,000,000 for fiscal year 1995' and inserting `$5,000,000 for fiscal year
2000'.
(g) ADDITIONAL ASSISTANCE FOR CERTAIN LOCAL EDUCATIONAL AGENCIES IMPACTED
BY FEDERAL PROPERTY ACQUISITION- Section 8014(g) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7714(g)) is amended--
(1) in the heading, by striking `FEDERAL PROPERTY LOCAL EDUCATIONAL
AGENCIES' and inserting `LOCAL EDUCATIONAL AGENCIES IMPACTED BY FEDERAL
PROPERTY ACQUISITION'; and
(2) by striking `such sums as are necessary beginning in fiscal year
1998 and for each succeeding fiscal year' and inserting `$1,500,000 for
fiscal year 2000 and such sums as may be necessary for each of the four
succeeding fiscal years'.
SEC. 515. EFFECTIVE DATE.
This title, and the amendments made by this title, shall take effect on
October 1, 2000, or the date of the enactment of this Act, whichever occurs
later.
TITLE VI--HIGH PERFORMANCE AND QUALITY EDUCATION
INITIATIVES
SEC. 601. HIGH PERFORMANCE AND QUALITY EDUCATION INITIATIVES.
Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:
`TITLE VI--HIGH PERFORMANCE AND QUALITY EDUCATION
INITIATIVES
`SEC. 6001. FINDINGS, POLICY, AND PURPOSE.
`(a) FINDINGS- Congress makes the following findings:
`(1)(A) Congress embraces the view that educators most familiar with
schools, including school superintendents, principals, teachers, and school
support personnel, have a critical role in knowing what is needed and how
best to meet the educational needs of students.
`(B) Local educational agencies should therefore have primary
responsibility for deciding how to implement funds.
`(2)(A) Since the Elementary and Secondary Education Act was first
authorized in 1965, the Federal Government has created numerous grant
programs, each of which was created to address 1 among the myriad challenges
and problems facing education.
`(B) Only a few of the Federal grant programs established before the
date of enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act can be tied to significant quantitative results.
`(C) Because Federal education dollars are distributed through a
patchwork of programs, with each program having its own set of requirements
and restrictions, local educational agencies and schools have found it
difficult to leverage funds for maximum impact.
`(D) In many cases, Federal education dollars distributed through
competitive grant programs are too diffused to provide a true impact at the
school level.
`(E) As a result of the Federal elementary and secondary education
policies in place before the date of enactment of the Public Education
Reinvestment, Reinvention, and Responsibility Act, the focus of Federal,
State, and local educational agencies has been diverted from comprehensive
student achievement to administrative compliance.
`(3)(A) Every elementary school and secondary school should provide a
drug- and violence-free learning environment.
`(B) The widespread illegal use of alcohol and drugs among the Nation's
secondary school students, and increasingly among elementary school
students, constitutes a grave threat to students' physical and mental
well-being, and significantly impedes the learning process.
`(C) Drug and violence prevention programs are essential components of a
comprehensive strategy to promote school safety, youth development, and
positive school outcomes, and reduce the demand for and illegal use of
alcohol, tobacco, and drugs throughout the Nation.
`(D) Schools, local organizations, parents, students, and communities
throughout the Nation have a special responsibility to work together to
combat the continuing epidemic of violence and illegal drug use, and should
measure the success of programs established to address this epidemic against
clearly defined goals and objectives.
`(E) Drug and violence prevention programs are most effective when
implemented within a research-based, drug and violence prevention framework
of proven effectiveness.
`(F) Substance abuse and violence are intricately related, and must be
dealt with in a holistic manner.
`(4)(A) Technology can produce far greater opportunities for all
students to meet high learning standards, promote efficiency and
effectiveness in education, and help immediately and dramatically reform our
Nation's educational system.
`(B) Because most Federal and State educational technology programs have
focused on acquiring educational technologies, rather than emphasizing the
utilization of those technologies in the classroom and the training and
infrastructure required efficiently to support the technologies, the full
potential of educational technology has rarely been realized.
`(C) The effective use of technology in education has been inhibited by
the inability of many State educational agencies and local educational
agencies to invest in and support needed technologies, and to obtain
sufficient resources to seek expert technical assistance in developing
high-quality professional development activities for teachers and keeping
pace with the rapid technological advances.
`(D) To remain competitive in the global economy, which is increasingly
reliant on a workforce that is comfortable with technology and able to
integrate rapid technological changes into production processes, it is
imperative that our Nation maintain a work-ready labor force.
`(b) POLICY- Congress declares it to be the policy of the United
States--
`(1) to facilitate significant innovation in elementary school and
secondary school education programs;
`(2) to enrich the learning environment of students;
`(3) to provide a safe learning environment for all students;
`(3) to ensure that all students are technologically literate; and
`(4) to assist State educational agencies and local educational agencies
in building the agencies' capacity to establish, implement, and sustain
innovative programs for public elementary and secondary school
students.
`(c) PURPOSES- The purposes of this title are as follows:
`(1) To provide supplementary assistance for school improvement to
elementary schools, secondary schools, and local educational
agencies--
`(A) that have been or are at risk of being identified as being in
need of improvement, as defined in section 1116 (c) and (d), to carry out
activities (as described in such schools' or agencies' improvement plans
developed under such section) that are designed to remedy the
circumstances that caused such schools or agencies to be identified as in
need of improvement; or
`(B) to improve core content curriculum and instructional practices
and materials in core subject areas to ensure that all students are at the
proficient standard level within 10 years of the date of enactment of the
Public Education Reinvestment, Reinvention, and Responsibility
Act.
`(2) To provide assistance to local educational agencies and schools for
innovative programs and activities that will transform schools into 21st
century opportunities for students by--
`(A) creating a challenging learning environment and facilitating
academic enrichment through innovative academic programs; or
`(B) providing extra learning, time, and opportunities for
students.
`(3) To provide assistance to local educational agencies, schools, and
communities to strengthen existing programs or develop and implement new
programs based on proven researched-based strategies that create safe
learning environments by--
`(A) preventing violence and other high-risk behavior from occurring
in and around schools; and
`(B) preventing the illegal use of alcohol, tobacco, and drugs among
students.
`(4) To create New Economy Technology Schools (NETs) by providing
assistance to local educational agencies and schools for--
`(A) the acquisition, development, interconnection, implementation,
improvement, and maintenance of an effective educational technology
infrastructure;
`(B) the acquisition and maintenance of technology equipment and the
provision of training in the use of such equipment for teachers, school
library and media personnel, and administrators;
`(C) the acquisition or development of technology-enhanced curricula
and instructional materials that are aligned with challenging State
content and student performance standards; and
`(D) the acquisition or development and implementation of high-quality
professional development for teachers in the use of technology and its
integration with challenging State content and student performance
standards.
`SEC. 6002. DEFINITIONS OF STATE.
`(1) AUTHENTIC TASK- The term `authentic task' means a real world task
that--
`(A) is challenging, meaningful, multidisciplinary, and
interactive;
`(B) involves reasoning, problem solving, and composition;
and
`(C) is not a discrete component skill that has no obvious connection
with students' activities outside of school.
`(2) STATE- The term `State' means each of the several States, the
District of Columbia, and the Commonwealth of Puerto Rico.
`SEC. 6003. PROGRAMS AUTHORIZED.
`(a) GRANTS AUTHORIZED- From the amount appropriated under section 6009
for a fiscal year, the Secretary shall award a grant to each State educational
agency having a State plan approved under section 6005(a)(4) to enable the
State educational agency to award grants to local educational agencies in the
State.
`(b) RESERVATIONS AND ALLOTMENTS-
`(1) RESERVATIONS- From the amount appropriated under section 6009 for a
fiscal year, the Secretary shall reserve--
`(A) not more than 1/2 of 1 percent of such amount for payments to the
Bureau of Indian Affairs for activities, approved by the Secretary,
consistent with this title;
`(B) not more than 1/2 of 1 percent of such amounts for payments to
outlying areas, to be allotted in accordance with their respective needs
for assistance under this title as determined by the Secretary, for
activities, approved by the Secretary, consistent with this title;
and
`(C) such sums as may be necessary to continue to support any
multiyear award made under titles III, IV, V (part B), or X (as such
titles were in effect on the day preceding the date of enactment of the
Public Education Reinvestment, Reinvention, and Responsibility Act) until
the completion of the multiyear award.
`(A) IN GENERAL- From the amount appropriated under section 6009 for a
fiscal year and remaining after the Secretary makes reservations under
paragraph (1), the Secretary shall allot to each State having a State plan
approved under section 6005(a)(4) the sum of--
`(i) an amount that bears the same relationship to 50 percent of the
remainder as the amount the State received under part A of title I bears
to the amount all States received under such part; and
`(ii) an amount that bears the same relationship to 50 percent of
the remainder as the school-age population in the State bears to the
school-age population in all States.
`(B) DATA- For the purposes of determining the school-age population
in a State and in all States, the Secretary shall use the latest available
Bureau of the Census data.
`(c) STATE MINIMUM- For any fiscal year, no State shall be allotted under
this section an amount that is less than 0.4 percent of the total amount
allotted to all States under subsection (b)(2).
`(d) HOLD-HARMLESS AMOUNTS- For fiscal year 2001, notwithstanding
subsection (e), the amount allotted to each State under this section shall be
not less than 100 percent of the total amount the State was allotted in
formula grants under titles III, IV, and VI (as such titles were in effect on
the day preceding the date of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act) for the preceding fiscal year.
`(e) RATABLE REDUCTIONS- If the sums made available under subsection
(b)(2)(A) for any fiscal year are insufficient to pay the full amounts that
all State educational agencies are eligible to receive under that subsection
for such year, the Secretary shall ratably reduce such amounts for such
year.
`SEC. 6004. WITHIN STATE ALLOCATION.
`(a) SHORT TITLE- Each State educational agency for a State receiving a
grant award under section 6003(b)(2) shall--
`(1) set aside not more than 1 percent of the grant funds for the cost
of administering the activities under this title;
`(2) set aside not more than 4 percent of the grant funds to--
`(A) provide for the establishment of high-quality, internationally
competitive content and student performance standards and strategies that
all students will be expected to meet;
`(B) provide for the establishment of high-quality, rigorous
assessments that include multiple measures and demonstrate comprehensive
knowledge;
`(C) encourage and enable all State educational agencies and local
educational agencies to develop, implement, and strengthen comprehensive
education improvement plans that address student achievement, teacher
quality, parent involvement, and reliable measurement and evaluation
methods; and
`(D) encourage and enable all States to develop and implement
value-added assessments, including model value-added assessments
identified by the Secretary under section 7004(a)(6); and
`(3) using the remaining 95 percent of the grant funds, make grants by
allocating to each local educational agency in the State having a local
educational agency plan approved under section 6005(b)(3) the sum of--
`(A) an amount that bears the same relationship to 50 percent of such
remainder as the
amount the local educational agency received under part A of title I bears to
the amount all local educational agencies in the State received under such part;
and
`(B) an amount that bears the same relationship to 50 percent of such
remainder as the school-age population in the area served by the local
educational agency bears to the school-age population in the area served
by all local educational agencies in the State.
`(b) MATCHING REQUIREMENT-
`(1) IN GENERAL- Each eligible local educational agency receiving a
grant under subsection (a) shall contribute resources with respect to the
local authorized activities to be assisted under this title in case or
in-kind from non-Federal sources in an amount equal to 25 percent of the
Federal funds awarded under the grant.
`(2) WAIVER- A local educational agency may apply to the State
educational agency may grant a waiver of the requirements of paragraph (1)
to a local educational agency that--
`(A) applies for such a waiver; and
`(B) demonstrates extreme circumstances for being unable to meet such
requirements.
`SEC. 6005. PLANS.
`(1) IN GENERAL- The State educational agency for each State desiring a
grant under this title shall submit a State plan to the Secretary at such
time, in such manner, and accompanied by such information as the Secretary
may require.
`(2) CONSOLIDATED PLAN- A State plan submitted under paragraph (1) may
be submitted as part of a consolidated plan under section 8302.
`(3) CONTENTS- Each plan submitted under paragraph (1) shall--
`(A) describe how the State educational agency will assist each local
educational agency and school served under this title to comply with the
requirements described in section 6006 that are applicable to the local
educational agency or school;
`(B) certify that the State has in place the standards and assessments
required under section 1111;
`(C) certify that the State educational agency has a system, as
required under section 1111, for--
`(i) holding each local educational agency and school accountable
for adequate yearly progress (as defined in section
1111(b)(2)(B));
`(ii) identifying local educational agencies and schools that are in
need of improvement and corrective action (as required in sections 1116
and 1117);
`(iii) assisting local educational agencies and schools that are
identified for improvement with the development of improvement plans;
and
`(iv) providing technical assistance, professional development, and
other capacity building as needed to get such agencies and schools out
of improvement status;
`(D) certify that the State educational agency shall use the
disaggregated results of student assessments required under section
1111(b)(4), and other measures or indicators available, to review annually
the progress of each local educational agency and school served under this
title to determine whether or not each such agency and school is making
adequate yearly progress as required under section 1111;
`(E) certify that the State educational agency will take action
against a local educational agency that is in corrective action and
receiving funds under this title as described in section
6006(d)(1);
`(F) describe what, if any, State and other resources will be provided
to local educational agencies and schools served under this title to carry
out activities consisted with this title; and
`(G) certify that the State educational agency has a system to hold
local educational agencies accountable for meeting the annual performance
objectives required under subsection (b)(2)(C).
`(4) APPROVAL- The Secretary, using a peer review process, shall approve
a State plan if the State plan meets the requirements of this
subsection.
`(5) DURATION OF THE PLAN- Each State plan shall remain in effect for
the duration of the State's participation under this title.
`(6) REQUIREMENT- A State shall not be eligible to receive funds under
this title unless the State has established the standards and assessments
required under section 1111.
`(1) IN GENERAL- Each local educational agency shall annually submit a
local educational agency plan to the State educational agency at such time,
in such manner, and accompanied by such information as the State educational
agency may require.
`(2) CONTENTS- Each local educational agency shall--
`(A) describe the programs for which funds allocated under section
6004(3) will be used and the reasons for the selection of such
programs;
`(B) describe the methods the local educational agency will use to
measure the annual impact of programs described under subparagraph (A) and
the extent to which such programs will increase student academic
performance;
`(C) describe the annual, quantifiable, and measurable performance
goals and objectives for each program described under subparagraph (A) and
the extent to which such goals and objectives are aligned with State
content and student performance standards;
`(D) describe how the local educational agency will hold schools
accountable for meeting the intended performance objectives for each
program described under subparagraph (C);
`(E) provide an assurance that the local educational agency has met
the local plan requirements described in section 1112 for--
`(i) holding schools accountable for adequate yearly progress,
including meeting annual numerical goals for improving the performance
of all groups of students based on the student performance standards set
by the State under section 1111(b)(1)(D)(ii);
`(ii) identifying schools for school improvement or corrective
action;
`(iii) fulfilling the local educational agency's school improvement
responsibilities described in section 1116, including taking corrective
actions under section 1116(c)(10); and
`(iv) providing technical assistance, professional development, or
other capacity building to schools served by the agency;
`(F) certify that the local educational agency will take action
against a school that is in corrective action and receiving funds under
this title as described under section 6006(d)(2);
`(G) describe what State and local resources will be contributed to
carrying out programs described under subparagraph (A);
`(H) provide assurances that the local educational agency consulted,
at a minimum, with parents, school board members, teachers,
administrators, business partners, education organizations, and community
groups to develop the local educational plan and select the programs to be
assisted under this title; and
`(J) provide assurances that the local educational agency will
continue such consultation on a regular basis and will provide the State
with annual evidence of such consultation.
`(3) APPROVAL- The State, using a peer review process, shall approve a
local educational agency plan if the plan meets the requirements of this
subsection.
`(4) DURATION OF THE PLAN- Each local educational agency plan shall
remain in effect for the duration of the local educational agency's
participation under this title.
`(5) PUBLIC REVIEW- Each State educational agency will make publicly
available each local educational agency plan approved under paragraph
(3).
`SEC. 6006. LOCAL USES OF FUNDS AND ACCOUNTABILITY.
`(a) ADMINISTRATIVE EXPENSES- Each local educational agency receiving a
grant award under section 6004(3) may use not more than 1 percent of the grant
funds for any fiscal year for the cost of administering this title.
`(b) REQUIRED ACTIVITIES- Each local educational agency receiving a grant
award under section 6004(3) shall use the grant funds pursuant to this
subsection to establish and carry out programs that are designed to achieve,
separately or cumulatively, each of the goals described in the category areas
described in paragraphs (1) through (4).
`(1) SCHOOL IMPROVEMENT- Each local educational agency shall use 30
percent of the grant funds--
`(A) in the case of a school that has been identified as being in need
of improvement under section 1116(c), for activities or strategies that
are described in section 1116(c) that focus on removing such school from
improvement status; or
`(B) for programs that seek to raise the academic achievement levels
of all elementary school and secondary school students based on
challenging State content and student performance standards and, to the
greatest extent possible,--
`(i) incorporate the best practices developed from research-based
methods and practices;
`(ii) are aligned with challenging State content and performance
standards and focused on reinforcing and boosting the core academic
skills and knowledge of students who are struggling academically, as
determined by State assessments under section 1111(b)(4) and local
evaluations;
`(iii) focus on accelerated learning rather than remediation, so
that students will master the high level of skills and knowledge needed
to meet the highest State standards or to perform at high levels on all
State assessments;
`(iv) offer teachers, principals, and administrators professional
development and technical assistance that are aligned with the content
of such programs; and
`(v) address local needs, as determined by the local educational
agency's evaluation of school and districtwide data.
`(2) 21ST CENTURY OPPORTUNITIES- Each local educational agency shall use
25 percent of the grant funds for--
`(A) programs that provide for extra learning, time, and opportunities
for students so that all students may achieve high levels of learning and
meet the State proficient standard level within 10 years of the date of
enactment of the Public Education Reinvestment, Reinvention, and
Responsibility Act;
`(B) programs to improve higher order thinking skills of all students,
especially disadvantaged students;
`(C) promising innovative education reform projects that are
consistent with challenging State content and student performance
standards; or
`(D) programs that focus on ensuring that disadvantaged students enter
elementary school with the basic skills needed to meet the highest State
content and student performance standards.
`(3) SAFE LEARNING ENVIRONMENTS- Each local educational agency shall use
15 percent of the grant funds for programs that help ensure that all
elementary school and secondary school students learn in a safe and
supportive environment by--
`(A) reducing drugs, violence, and other high-risk behavior in
schools;
`(B) providing safe, extended-day opportunities for students;
`(C) providing professional development activities for teachers,
principals, mental health professionals, and guidance counselors in
dealing with students exhibiting distress (such as substance abuse,
disruptive behavior, and suicidal behavior);
`(D) recruiting or retaining high-quality mental health
professionals;
`(E) providing character education for students; or
`(F) meeting other objectives that are established under State
standards regarding safety or that address local community
concerns.
`(4) NEW ECONOMY TECHNOLOGY SCHOOLS-
`(A) IN GENERAL- Each local educational agency shall use 30 percent of
the grant funds to establish technology programs that will transform
schools into New Economy Technology Schools (NETs) and, to the greatest
extent possible, will--
`(i) increase student performance related to an authentic
task;
`(ii) integrate the use of technology into activities that are a
core part of classroom curricula and are available to all
students;
`(iii) emphasize how to use technology to accomplish authentic
tasks;
`(iv) provide professional development and technical assistance to
teachers so that teachers may integrate technology into daily teaching
activities that are directly aligned with State content and student
performance standards; and
`(v) enable the local educational agency annually to increase the
percentage of classrooms with access to technology, particularly in
schools in which not less than 50 percent of the school-age population
comes 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.
`(B) LIMITATION- Each local educational agency shall use not more than
50 percent of the grant funds described in subparagraph (A) to purchase,
upgrade, or retrofit computer hardware in schools in which not less than
50 percent of the school-age population comes from families at or below
the poverty line, as defined in subparagraph (A)(v).
`(c) TRANSFER OF FUNDS- Notwithstanding subsection (b)--
`(1) a local educational agency that meets adequate yearly progress
requirements for student performance, as established by the State
educational agency under section 1111, may allocate, at the local
educational agency's discretion, not more than 30 percent of the grant funds
received under section 6004(3) among the 4 funding categories described in
subsection (b);
`(2) a local educational agency that exceeds the adequate yearly
progress requirements described in paragraph (1) by a significant amount, as
determined by the State educational agency, may allocate, at the local
educational agency's discretion, not more than 50 percent of the grant funds
received under section 6004(3) among the 4 funding categories described in
subsection (b); and
`(3) a local educational agency that is identified as in need of
improvement, as defined under section 1117, may apply not more than 25
percent of the grant funds described in subsection (b)(2), (3), or (4) to
school improvement activities described in subsection (b)(1).
`(d) LIMITATIONS FOR SCHOOLS AND LOCAL EDUCATIONAL AGENCIES IN CORRECTIVE
ACTION-
`(1) LOCAL EDUCATIONAL AGENCIES IN CORRECTIVE ACTION- If a local
educational agency is identified for corrective action under section
1116(d), the State educational agency shall--
`(A) notwithstanding any other provision of law, specify how the local
educational agency shall spend the grant funds in order to focus the local
educational agency on activities that will be the most effective in
raising student performance levels; and
`(B) implement corrective action in accordance with the provisions for
corrective action described in section 1116(d).
`(2) SCHOOLS IN CORRECTIVE ACTION- If a school is identified for
corrective action under section 1116(c), the local educational agency
shall--
`(A) specify how the school shall spend grant funds received under
this section in order to focus on activities that will be the most
effective in raising student performance levels; and
`(B) implement corrective action in accordance with the provisions for
corrective action described in section 1116(c)(10).
`(3) DURATION- Limitations imposed on schools and local educational
agencies in corrective action under paragraphs (1) and (2) shall remain in
effect until such time as the school or local educational agency has made
sufficient improvement, as
determined by the State educational agency, and is no longer in corrective
action.
`SEC. 6007. STATE AND LOCAL RESPONSIBILITIES.
`(1) STATE AND LOCAL REVIEW- A State educational agency shall jointly
review with a local educational agency described in section 6006(d)(1) the
local educational agency's data gathered from student assessments and other
measures required under section 1111(b)(4), in order to determine how the
local educational agency shall spend the grant funds pursuant to section
6006(d)(1)(A) in order to substantially increase student performance
levels.
`(2) SCHOOL AND LOCAL REVIEW- A local educational agency shall jointly
review with a school described in section 6006(d)(2) the school's data
gathered from student assessments and other measures required under section
1111(b)(4), in order to determine how the school shall spend grant funds
pursuant to section 6006(d)(2) in order to substantially increase student
performance levels.
`(b) TECHNICAL ASSISTANCE-
`(A) A State educational agency shall provide, upon request by a local
educational agency receiving grant funds under this title, technical
assistance to the local educational agency and schools served by the local
educational agency, including assistance in analyzing student performance
and the impact of programs assisted under this title and identifying the
best instructional strategies and methods for carrying out such
programs.
`(B) State assistance may be provided by--
`(i) the State educational agency; or
`(ii) with the local educational agency's approval, by an
institution of higher education, a private not-for-profit or for-profit
organization, an educational service agency, the recipient of a Federal
contract or cooperative agreement as described in section 7005, a
nontraditional entity such as a corporation or consulting firm, or any
other entity with experience in the program area for which the
assistance is being sought.
`(A) A local educational agency shall provide, upon request by an
elementary school or secondary school served by the agency, technical
assistance to such school, including assistance in analyzing student
performance and the impact of programs assisted under this title, and
identifying the best instructional strategies and methods for carrying out
such programs.
`(B) Local assistance may be provided by--
`(i) the State educational agency or local educational agency;
or
`(ii) with the school's approval, by an institution of higher
education, a private not-for-profit or for-profit organization, an
educational service agency, the recipient of a Federal contract or
cooperative agreement as described in section 7005, a nontraditional
entity such as a corporation or consulting firm, or any other entity
with experience in the program area for which the assistance is being
sought.
`SEC. 6008. LOCAL REPORTS.
`Each local educational agency receiving funds under this title shall
annually publish and disseminate to the public in a format and, to the extent
practicable, in a language that parents can understand, a report on--
`(1) information describing the use of funds in the 4 category areas
described in section 6006(b);
`(2) the impact of such programs and an assessment of such programs'
effectiveness; and
`(3) the local educational agency's progress toward attaining the goals
and objectives described under section 6005(b), and the extent to which
programs assisted under this title have increased student achievement.
`SEC. 6009. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this title
$2,700,000,000 for fiscal year 2001, and such sums as may be necessary for
each of the 4 succeeding fiscal years.'.
TITLE VII--ACCOUNTABILITY
SEC. 701. ACCOUNTABILITY.
Title VII of the Act (20 U.S.C. 7401 et seq.) is amended to read as
follows:
`TITLE VII--ACCOUNTABILITY
`SEC. 7001. SANCTIONS.
`(a) THIRD FISCAL YEAR- If performance objectives established under a
covered provision have not been met by a State receiving grant funds under
such provision by the end of the third fiscal year for which the State
receives such grant funds, the Secretary shall reduce by 50 percent the amount
the State is entitled to receive for administrative expenses under such
provision.
`(b) FOURTH FISCAL YEAR- If the State fails to meet the performance
objectives established under a covered provision by the end of the fourth
fiscal year for which the State receives grant funds under the covered
provision, the Secretary shall reduce the total amount the State receives
under title VI by 30 percent.
`(c) DURATION- If the Secretary determines, under subsection (a) or (b),
that a State failed to meet the performance objectives established under a
covered provision for a fiscal year, the Secretary shall reduce grant funds in
accordance with subsection (a) or (b) for the State for each subsequent fiscal
year until the State demonstrates that the State met the performance
objectives for the fiscal year preceding the demonstration.
`(d) TECHNICAL ASSISTANCE- The Secretary shall provide technical
assistance, if sought, to a State subjected to sanctions under subsection (a)
or (b).
`(1) IN GENERAL- Each State receiving assistance under title I, II, III,
or VI shall develop a system to hold local educational agencies accountable
for meeting--
`(A) the performance objectives established under part A of title II,
part A of title III, and title VI; and
`(B) the adequate yearly progress requirements established under part
A of title I, and required under part A of title III and title
VI.
`(2) SANCTIONS- A system developed under subsection (c) shall include a
mechanism for sanctioning local educational agencies for low performance
with regard to failure to meet such performance objectives and adequate
yearly progress levels.
`(f) DEFINITIONS- In this section:
`(1) COVERED PROVISION- The term `covered provision' means part A of
title I, part A of title II, part A of title III, and section
6005(b)(2)(C).
`(2) PERFORMANCE OBJECTIVES- The term `performance objectives' means in
the case of--
`(A) part A of title I, the adequate yearly progress levels
established under subsections (b)(2)(A)(iii) and (b)(2)(B) of section
1111;
`(B) part A of title II, the set of performance objectives established
in section 2014;
`(C) part A of title III, the set of performance objectives
established in section 3109; and
`(D) title VI, the set of performance objectives set by each local
educational agency in section 6005(b)(2)(C).
`SEC. 7002. REWARDING HIGH PERFORMANCE.
`(1) IN GENERAL- From amounts appropriated under subsection (d), and
from amounts made available as a result of reductions under section 7001,
the Secretary shall make awards to States that--
`(A) for 3 consecutive years have--
`(i) exceeded the States' performance objectives established for any
title under this Act;
`(ii) exceeded their adequate yearly progress levels established in
section 1111(b);
`(iii) significantly narrowed the gaps between minority and
non-minority students, and between economically disadvantaged and
non-economically disadvantaged students;
`(iv) raised all students to the proficient standard level prior to
10 years from the date of enactment of the Public Education Reinvention,
Reinvestment, and Responsibility Act; or
`(v) significantly increased the percentage of core classes being
taught by fully qualified teachers teaching in schools receiving funds
under part A of title I; or
`(B) by not later than fiscal year 2003, ensure that all teachers
teaching in the States' public elementary schools and secondary schools
are fully qualified.
`(A) DEMONSTRATION SITES- Each State receiving an award under
paragraph (1) shall use a portion of the award that is not distributed
under subsection (b) to establish demonstration sites with respect to
high-performing schools (based on achievement or performance levels)
objectives and adequate yearly progress in order to help low-performing
schools.
`(B) IMPROVEMENT OF PERFORMANCE- Each State receiving an award under
paragraph (1) shall use the portion of the award that is not used pursuant
to subparagraph (A) or (C) and is not distributed under subsection (b) for
the purpose of improving the level of performance of all elementary and
secondary school students in the State, based on State content and
performance standards.
`(C) RESERVATION FOR ADMINISTRATIVE EXPENSES- Each State receiving an
award under paragraph (1) may set aside not more than 1/2 of 1 percent of
the award for the planning and administrative costs of carrying out this
section, including the costs of distributing awards to local educational
agencies.
`(b) LOCAL EDUCATIONAL AGENCY AWARDS-
`(1) IN GENERAL- Each State receiving an award under subsection (a)(1)
shall distribute 80 percent of the award funds to local educational agencies
in the State that--
`(A) for 3 consecutive years have--
`(i) exceeded the State-established local educational agency
performance objectives established for any title under this
Act;
`(ii) exceeded the adequate yearly progress level established under
section 1111(b)(2);
`(iii) significantly narrowed the gaps between minority and
nonminority students, and between economically disadvantaged and
noneconomically disadvantaged students;
`(iv) raised all students enrolled in schools within the local
educational agency to the proficient standard level prior to 10 years
from the date of enactment of the Public Education Reinvestment,
Reinvention, and Responsibility Act; or
`(v) significantly increased the percentage of core classes being
taught by fully qualified teachers teaching in schools receiving funds
under part A of title I; or
`(B) not later than December 31, 2003, ensured that all teachers
teaching in the elementary schools and secondary schools served by the
local educational agencies are fully qualified; or
`(C) have attained consistently high achievement in another area that
the State deems appropriate to reward.
`(2) SCHOOL-BASED PERFORMANCE AWARDS- A local educational agency may use
funds made available under paragraph (1) for activities such as school-based
performance awards.
`(3) RESERVATION FOR ADMINISTRATIVE EXPENSES- Each local educational
agency receiving an award under paragraph (1) may set aside not more than
1/2 of 1 percent of the award for the planning and administrative costs of
carrying out this section, including the costs of distributing awards to
eligible elementary schools and secondary schools, teachers, and
principals.
`(c) SCHOOL REWARDS- Each local educational agency receiving an award
under subsection (b) shall consult with teachers and principals to develop a
reward system, and shall use the award funds--
`(1) to reward individual schools that demonstrate high performance with
respect to--
`(A) increasing the academic achievement of all students;
`(B) narrowing the academic achievement gap described in section
1111(b)(2)(B)(vii);
`(C) improving teacher quality;
`(D) increasing high-quality professional development for teachers,
principals, and administrators; or
`(E) improving the English proficiency of limited English proficient
students;
`(2) to reward collaborative teams of teachers, or teams of teachers and
principals, that--
`(A) significantly increase the annual performance of low-performing
students; or
`(B) significantly improve in a fiscal year the English proficiency of
limited English proficient students;
`(3) to reward principals who successfully raise the performance of a
substantial number of low-performing students to high academic levels;
`(4) to develop or implement school district-wide programs or policies
to increase the level of student performance on State assessments that are
aligned with State content standards; and
`(5) to reward schools for consistently high achievement in another area
that the local educational agency deems appropriate to reward.
`(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $200,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the 4 succeeding fiscal years.
`(e) DEFINITION- The term `low-performing student' means students who are
below the basic State standard level.
`SEC. 7003. SUPPLEMENT NOT SUPPLANT.
`A State educational agency and local educational agency shall use funds
under this title to supplement, and, not supplant, Federal, State, and local
funds that, in the absence of funds under this title, would otherwise be spent
for activities of the type described in section 7002.
`SEC. 7004. SECRETARY'S ACTIVITIES.
`(a) IN GENERAL- Notwithstanding any other provision of this Act, from
amounts appropriated under subsection (b) and not reserved under subsection
(c), the Secretary may--
`(1) support activities of the National Board for Professional Teaching
Standards;
`(2) study and disseminate information regarding model programs assisted
under this Act;
`(3) provide training and technical assistance to States, local
educational agencies, elementary schools and secondary schools, Indian
tribes, and other recipients of grant funds under this Act that are carrying
out activities assisted under this Act, including entering into contracts or
cooperative agreements with public or private nonprofit entities or
consortia of such entities, in order to provide comprehensive training and
technical assistance related to the administration and implementation of
activities assisted under this Act;
`(4) support activities that will promote systemic education reform at
the State and local levels;
`(5) award grants or contracts to public or private nonprofit entities
to enable the entities--
`(A) to develop and disseminate exemplary reading, mathematics,
science, and technology educational practices, and instructional materials
to States, local educational agencies, and elementary schools and
secondary schools; and
`(B) to provide technical assistance for the implementation of
teaching methods and assessment tools for use by elementary schools and
secondary school students, teachers, and administrators;
`(6) disseminate information on models of value-added assessments;
`(7) award a grant or contract to a public or private nonprofit entity
or consortium of such entities for the development and dissemination of
exemplary programs and curricula for accelerated and advanced learning for
all students, including gifted and talented students;
`(8) award a grant or contract with Reading Is Fundamental, Inc. and
other public or private nonprofit entities to support and promote programs
which include the distribution of inexpensive books to students and literacy
activities that motivate children to read; and
`(9) provide assistance to States--
`(A) by assisting in the development of English language development
standards and high-quality assessments, if requested by a State
participating in activities under subtitle A of title III; and
`(B) by developing native language tests for limited English
proficient students that a State may administer to such students to assess
student achievement in at least reading, science, and mathematics,
consistent with section 1111.
`(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out this section $150,000,000 for fiscal year 2001, and
such sums as may be necessary for each of the 4 succeeding fiscal years.
`(c) RESERVATION- From the amounts appropriated under subsection (b) the
Secretary shall reserve $10,000,000 for the purposes of carrying out
activities under section 1202(c).'.
TITLE VIII--GENERAL PROVISIONS AND REPEALS
SEC. 801. REPEALS, TRANSFERS, AND REDESIGNATIONS REGARDING TITLES VIII AND
XIV.
(a) IN GENERAL- The Act (20 U.S.C. 6301 et seq.) is amended--
(1) by inserting after title VII the following:
`TITLE VIII--GENERAL PROVISIONS';
(2) by repealing sections 14514 and 14603 (20 U.S.C. 8904, 8923);
(3)(A) by transferring title XIV (20 U.S.C. 8801 et seq.) to title VIII
and inserting such title after the title heading for title VIII; and
(B) by striking the title heading for title XIV;
(4)(A) by redesignating part H of title VIII (as redesignated by
paragraph (3)) as part I of title VIII; and
(B) by redesignating the references to part H of title VIII as
references to part I of title VIII;
(5) by inserting after part G of title VIII the following:
`PART H--SUPPLEMENT, NOT SUPPLANT
`SEC. 8801. SUPPLEMENT, NOT SUPPLANT.
`A State educational agency or local educational agency shall use funds
received under the Act to supplement, and not supplant, State and local funds
that, in the absence of funds under this Act, would otherwise be spent for
activities under this Act.';
(6) by redesignating the references to title XIV as references to title
VIII;
(7)(A) by redesignating sections 14101 through 14103 (20 U.S.C. 8801,
8803) (as transferred by paragraph (3)) as sections 8101 through 8103,
respectively; and
(B) by redesignating the references to such sections 14101 through 14103
as references to sections 8101 through 8103, respectively;
(8)(A) by redesignating sections 14201 through 14206 (20 U.S.C. 8821,
8826) (as transferred by paragraph (3)) as sections 8201 through 8206,
respectively; and
(B) by redesignating the references to such sections 14201 through 14206
as references to sections 8201 through 8206, respectively;
(9)(A) by redesignating sections 14301 through 14307 (20 U.S.C. 8851,
8857) (as transferred by paragraph (3)) as sections 8301 through 8307,
respectively; and
(B) by redesignating the references to such sections 14301 through 14307
as references to sections 8301 through 8307, respectively;
(10)(A) by redesignating section 14401 (20 U.S.C. 8881) (as transferred
by paragraph (3)) as section 8401; and
(B) by redesignating the references to such section 14401 as references
to section 8401;
(11)(A) by redesignating sections 14501 through 14513 (20 U.S.C. 8891,
8903) (as transferred by paragraph (3)) as sections 8501 through 8513,
respectively; and
(B) by redesignating the references to such sections 14501 through 14513
as references to sections 8501 through 8513, respectively;
(12)(A) by redesignating sections 14601 and 14602 (20 U.S.C. 8921, 8922)
(as transferred by paragraph (3)) as sections 8601 and 8602, respectively;
and
(B) by redesignating the references to such sections 14601 and 14602 as
references to sections 8601 and 8602, respectively;
(13)(A) by redesignating section 14701 (20 U.S.C. 8941) (as transferred
by paragraph (3)) as section 8701; and
(B) by redesignating the references to such section 14701 as references
to section 8701; and
(14)(A) by redesignating sections 14801 and 14802 (20 U.S.C. 8961, 8962)
(as transferred by paragraph (3)) as sections 8901 and 8902, respectively;
and
(B) by redesignating the references to such sections 14801 and 14802 as
references to sections 8901 and 8902, respectively.
(b) AMENDMENTS- Title VIII (as so transferred and redesignated) is
amended--
(1) in section 8101(10) (as redesignated by subsection (a)(7))--
(A) by striking subparagraphs (C) through (F); and
(B) by adding after subparagraph (B) the following:
`(D) part A of title III; and
(2) in section 8102 (as redesignated by subsection (a)(7)), by striking
`VIII' and inserting `V';
(3) in section 8201 (as redesignated by subsection (a)(8))--
(A) in subsection (a)(2), by striking `, and administrative funds
under section 308(c) of the Goals 2000: Educate America Act'; and
(B) by striking subsection (f);
(4) in section 8203(b) (as redesignated by subsection (a)(8)), by
striking `Improving America's Schools Act of 1994' and inserting `Public
Education Reinvestment, Reinvention, and Responsibility Act';
(5) in section 8204 (as redesignated by subsection (a)(8))--
(A) by striking subsection (b); and
(I) in the matter preceding subparagraph (A), by striking `1995'
and inserting `2001';
(II) in subparagraph (B), by inserting `professional development,'
after `curriculum development,'; and
(I) by striking `and section 410(b) of the Improving America's
Schools Act of 1994'; and
(II) by striking `paragraph (2)' and inserting `subsection
(a)(2)';
(III) by striking the following:
`(4) RESULTS- ' and inserting the following:
(IV) by striking the following:
`(A) develop' and inserting the following:
(V) by striking the following:
`(B) within' and inserting the following:
(6) in section 8205(a)(1) (as redesignated by subsection (a)(8)), by
striking `part A of title IX' and inserting `part B of title III';
(7) in section 8206 (as redesignated by subsection (a)(8))--
(A) by striking `(a) UNNEEDED PROGRAM FUNDS- '; and
(B) by striking subsection (b);
(8) in section 8302(a)(2) (as redesignated by subsection (a)(9))--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) and (E) as subparagraphs (C)
and (D), respectively;
(9) in section 8304(b) (as redesignated by subsection (a)(9)), by
striking `Improving America's Schools Act of 1994' and inserting `Public
Education Reinvestment, Reinvention, and Responsibility Act';
(10) in section 8401 (as redesignated by subsection (a)(10))--
(A) in subsection (a), by striking `Except as provided in subsection
(c),' and inserting `Notwithstanding any other provision regarding waivers
in this Act and except as provided in subsection (c),'; and
(B) in subsection (c)(8), by striking `part C of title X' and
inserting `part B of title IV';
(11) in section 8502 (as redesignated by subsection (a)(11)), by
striking `VIII' and inserting `V';
(12) in section 8503(b)(1) (as redesignated by subsection
(a)(11))--
(A) by striking subparagraphs (B) through (E);
(B) by redesignating subparagraph (A) as subparagraph (B);
(C) by inserting before subparagraph (B) the following:
`(A) part A of title I;'; and
(D) by adding at the end the following:
(13) in section 8506(d) (as redesignated by subsection (a)(11)), by
striking `Improving America's Schools Act of 1994' and inserting `Public
Education Reinvestment, Reinvention, and Responsibility Act';
(14) in section 8513 (as redesignated by subsection (a)(11)), by
striking `Improving America's Schools Act of 1994' each place it appears and
inserting `Public Education Reinvestment, Reinvention, and Responsibility
Act';
(15) in section 8601 (as redesignated by subsection (a)(12))--
(A) in subsection (b)(3)--
(i) in subparagraph (A), by striking `Improving America's Schools
Act of 1994' and inserting `Public Education Reinvestment, Reinvention,
and Responsibility Act'; and
(ii) in subparagraph (B), by striking `Improving America's Schools
Act' and inserting `Public Education Reinvestment, Reinvention, and
Responsibility Act'; and
(B) in subsection (f), by striking `Improving America's Schools Act of
1994' and inserting `Public Education Reinvestment, Reinvention, and
Responsibility Act'; and
(16) in section 8701(b) (as redesignated by subsection (a)(13))--
(i) in subparagraph (B)--
(I) in clause (i), by striking `Improving America's Schools Act of
1994' and inserting `Public Education Reinvestment, Reinvention, and
Responsibility Act';
(II) in clause (ii), by striking `such as the initiatives under
the Goals 2000: Educate America Act, and' and inserting `under';
and
(III) in clause (v), by striking `, the Advisory Council on
Education Statistics, and the National Education Goals Panel' and
inserting `and the Advisory Council on Education Statistics';
and
(ii) in subparagraph (C)(ii), by striking `the School-to-Work
Opportunities Act of 1994, and the Goals 2000: Educate America Act' and
inserting `and the School-to-Work Opportunities Act of 1994';
and
(B) in paragraph (3), by striking `1998' and inserting
`2004'.
SEC. 802. OTHER REPEALS.
Titles V, X, XI, XII, and XIII (20 U.S.C. 7201 et seq., 8001 et seq., 8401
et seq., 8501 et seq., 8601 et seq.) and the Goals 2000: Educate America Act
(20 U.S.C. 5801 et seq.) are repealed.
END